Push to close posted workers deal

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Series Details Vol 2, No 13 (28.03.96)
Publication Date 28/03/1996
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There is confidence among Commission officials that social affairs ministers will make a serious effort to polish off a deal on posted workers when they meet this week.

Since the last meeting of Coreper, the EU's committee of permanent representatives, it has become clear that Italy is determined to push for a deal sooner rather than later.

It has been encouraged by hints that Ireland is prepared to accept the latest compromise proposal, as long as it receives certain guarantees that employers of workers on short-term and maintenance work contracts lasting up to eight days will not be expected to comply with local employment conditions.

'Frankly, we're prepared to move because a lot of countries are doing their own thing, and it's better to have some degree of certainty across the EU as a whole,' explained an Irish official.

Such flexibility would, however, have to be made palatable to those countries firmly favouring the application of local conditions from day one - including France, Belgium, Germany, Luxembourg, Finland and Denmark.

The remaining uncertainty is the attitude of the Spanish, who still have a caretaker government and whose future administration is likely to take a different line from the outgoing Socialist government.

But if Ireland supports a compromise, the current blocking minority would disappear, with only the UK, Portugal and possibly Spain in opposition.

This would, however, leave open the possibility of the so-called 'Ioannina Compromise' being used to delay an agreement. This allows an extra delay before a deal is done if the number of votes against a proposal in Council totals between 23 and 25.

According to one member state official, it is quite possible that the Spanish may abstain if the matter comes to a vote at tomorrow's (29 March) meeting. 'Over the last week or so, the Spanish have been taking positions in Council making it quite clear that the next government could take a very different view. Spain really is difficult to call at the moment,' he said.

Doubts have been expressed as to whether it would be politically wise to push ahead and outvote a sizeable minority of member states, something which social affairs ministers have shied away from in the past.

But one official insisted the posted workers directive was a special case where the degree of technical complexity made absolute unanimity impossible to achieve.

The Italian presidency has based its efforts on a compromise suggesting the basic 'zero option', but allowing exemptions for short-term contract work and permitting companies to apply for derogations on special grounds.

Commission officials are genuinely optimistic that a deal is finally in the offing, but are naturally cautious. 'We've said so often that we were nearly there that I'll only truly believe it when it happens,' said one.

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