15 December 2023
On Tuesday 12 December, Nicolas Schmit, Commissioner for Jobs and Social Rights, addressed the plenary of the European Parliament in Strasbourg. On this occasion, Mr Schmit presented how the Commission intends to follow up on the European Parliament’s resolution on telework and the right to disconnect, adopted on 21 January 2021, which put telework and the right to disconnect on the political agenda in the aftermath of the COVID-19 crisis and the context of an increasingly digitalised world of work.
Opening the debate, Commissioner Schmit reminded the Parliament of social partners' critical role in addressing this issue at national and European levels. For this reason, the Commission welcomed the initial decision of the EU social partners to engage in negotiations to reach an agreement to be turned into EU law. The Commission regrets that the EU cross-industry social partners did not come to a successful conclusion in their negotiations, as there was a firm conviction that regulating telework and the right to disconnect through cross-industry collective bargaining at the EU level would have been the best way to proceed.
A heated discussion followed, with MEPs from various parties clearly expressing their wish for a regulation on the right to disconnect to be swiftly put on the table by the Commission. Following this exchange of views, Nicolas Schmit concluded that, three years after the social partners’ agreement on digitalisation, he was very disappointed that social partners couldn't find an agreement. Considering that much time has passed since the adoption of the resolution of the European Parliament, that there is a very strong consensus on the need for creating a right to disconnect, and that most of the work has been done, the Commission will swiftly take its responsibility swiftly and make a proposal which will be based on the Parliament’s resolution and on the work which social partners have performed.
As one of the cross-sectoral social partners, SGI Europe negotiated the right to disconnect during the past year and regrets that social partners could not conclude their negotiations. We now call on the Commission to take inspiration from the reasonable compromises found between employers and workers during the past year to draft the upcoming proposal.
Contact: Guillaume Afellat
On Wednesday 13 December 2023, the Council and the European Parliament reached a provisional agreement on a proposed directive to improve working conditions for platform workers. The directive introduces two key improvements: it helps determine the correct employment status of people working for digital platforms and establishes the first EU rules on the use of algorithm systems in the workplace.
The provisional agreement addresses the cases of misclassification and eases the way for platform workers to be reclassified as employees. Under the agreement, workers will be legally presumed to be employees of a digital platform (as opposed to self-employed) if their relationship with the platform fulfils at least two out of five indicators set out in the directive. These indicators include:
The deal also contains measures to ensure that workers are informed about the use of automated monitoring and decision-making systems. It also prevents digital labour platforms from processing certain kinds of personal data by means of automated monitoring or decision-making systems.
The provisional agreement will now have to be endorsed by the Council and the Parliament. Both institutions will formally adopt it following legal-linguistic revision. After the formal steps of the adoption have been completed, member states will have two years to incorporate the provisions of the directive into their national legislation.
Contact: Guillaume Afellat
On Friday 8 December, the European Parliament and the Council concluded their interinstitutional negotiations on the revision of the gas and hydrogen market rules. The newly revised agreement will enable easier and faster roll-out of renewable and low-carbon gases, which also includes hydrogen, under the condition of supply security and affordability.
Under the EU Green Deal, the goal is to sustainably decarboonise the gas sector and enhance the hydrogen market to facilitate flexibility in the energy sector. To reach the goal of climate neutrality by 2050, the new agreement aligns with the National Energy and Climate Plans (NECPs), complies with the security of supply rules under REPowerEU and links the rules to the Ten-Year Network Development Plan (TYNDP). The new plan will allow more renewable and decarbonised gases in existing grids and pipelines through cross-border and injection tariff discounts, including a certification system for low-carbon gases and hydrogen.
The agreement reinforces long-term planning of the necessary infrastructure for a decarbonised gas sector in Europe. Hydrogen and gas network operators must include information on infrastructure that can be decommissioned or repurposed. Specific hydrogen network development plans will be made to ensure that the construction of the hydrogen system is based on a realistic demand projection.
Lastly, a consumer protection agreement was found, allowing consumers to switch suppliers more easily, use effective price comparison tools, get accurate, fair and transparent billing information, and have more access to data and new smart technologies. Additionally, the revised rules will also reinforce energy security. Default solidarity rules will apply automatically to protect vulnerable customers, including between Member States that do not have a direct connection.
Contact: Henriette Gleau
On 9 December, the Council presidency and the European Parliament’s negotiators agreed on the proposal for harmonised rules on artificial intelligence – AI Act. The AI Act is a flagship legislative initiative that aims to foster the development of safe and trustworthy AI across the EU’s single market for both private and public actors. The AI Act ensures that AI systems are safe, respect fundamental rights and EU values, and contribute to stimulating investment and innovation in Europe.
The main elements of the agreement address the following key aspects:
The provisional agreement provides that the AI Act should apply two years after it enters into force. The work will continue in the coming weeks to finalise the details of the new regulation. The presidency will submit the text to the member states’ representatives (Coreper) for endorsement once this work has been concluded.
Contact: Maxime Staelens
This week, the European Commission has adopted two regulations amending the general rules for small amounts of aid (de minimis Regulation) and for small amounts of aid for Services of General Economic Interest (SGEI de minimis Regulation). The revised regulations, which exempt small aid amounts from state aid control since they are deemed to have no impact on competition and trade in the Single Market, will enter into force on 1 January 2024 and apply until 31 December 2030.
Regarding the de minimis Regulation, the amendments adopted include an increase in the ceiling per company from €200 000 (applicable since 2008) to €300 000 over three years to cater to inflation. It also introduces an obligation for Member States to register de minimis aid in a central register set at the national or EU level as of 1 January 2026, as well as the introduction of safe harbours for financial intermediaries to further facilitate aid in the form of loans and guarantees, which no longer requires a complete pass on of the advantages from the financial intermediaries to the end beneficiaries.
Regarding the SGEI de minimis Regulation (which sets a minimum compensation amount for providers of SGEIs below which compensation is deemed free of aid and exempted from EU State aid rules), the amendments adopted will increase the ceiling per company from €500,000 (applicable since 2012) to €750,000 over three years, and the introduction of an obligation for Member States to register de minimis aid in a central register set at national or EU level as of 1 January 2026.
Before those amendments, both regulations were set to expire on 31 December 2023. The new regulations are another step in the fitness check of state aid rules that started in 2020.
Contact: Maxime Staelens
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