17 April Social Affairs Council

Date: 24/04/1997

PLANS to clarify EU rules on job quotas for women were put on hold indefinitely by ministers. The European Commission had proposed updating existing laws in the wake of the landmark Kalanke decision in which the European Court of Justice ruled that a positive discrimination scheme in Germany was illegal. Dutch Social Affairs Minister Ad Melkert said that the legislation needed clarification, but governments wanted to wait until the end of Intergovernmental Conference negotiations before making any decisions.

MINISTERS said they hoped a report set to be published in early May would break years of deadlock over the European company statute, which would allow firms to set up as European rather than national companies. Melkert said he hoped colleagues would be able to reach some conclusions based on the so-called Davignon report on the European company statute at their meeting on 12 June.

PLANS aimed at shifting the burden of proof in sex discrimination cases to put more onus on employers to prove their innocence were examined, with several ministers stating that current discussions form a promising basis for agreement. Social Affairs Commissioner Pádraig Flynn said he would bring forward an updated proposal for legislation in the light of European Parliament modifications to his original plan.

MELKERT reported on progress made at emergency talks held two days earlier between employers and trade unions over how best to avoid the sort of crisis sparked by the carmaker Renault's closure of its factory in Vilvoorde, Belgium. He said the social partners would hold a high-level meeting on 6 June aimed at defining a code of conduct to cover future Renault-type closures. Ministers will be informed of progress when they meet six days later.