16 April 2021
On Monday 12 April 2021, a social partner dedicated hearing was organised by the Directorate General for Competition of the European Commission on the application of EU competition rules on collective bargaining agreements for self-employed persons. SGI Europe was represented at this hearing by Jeanette Grenfors and Michael De Gols, respectively Chair and Vice-chair of the Social Affairs Board.
The Commission asserts that, as competition law stands today, only employees or false self-employed can collectively bargain without risking an infringement of Article 101(1) of the Treaty on the Functioning of the European Union which prohibits anticompetitive agreements between undertakings. The Commission is now seeking to remove the risk that collective bargaining agreements by self-employed in a weak position infringes EU competition rules. The Commission believes that this approach could help open an important path towards better working conditions.
During this hearing, employers representatives assessed that some clarifications are still needed from DG Competition on the legal basis for a potential initiative on the matter. Competition rules should not stand in the way of collective organisation of the weakest self-employed, and some guidance might be useful in this sense. However, ultimately, national rules should prevail in particular when it comes to employment status, or the distinction between employee and self-employed which must remain in the hands of Member States and national social partners.
When dealing with this issue, it will be important for DG Competition to focus on removing barriers rather than creating new obligations. DG Competition has launched a public consultation on this question which will last until 28 May 2021.
Contact: Guillaume Afellat
In the context of the work of the Platform on Sustainable Finance on the proposal to create a ‘Social Taxonomy’, SGI Europe attended an online stakeholder exchange workshop organized by ETUC on 16 April.
SGI Europe expressed it support in setting the right framework to redirect capital flows towards socially sustainable activities. SGI Europe believes that the ‘Social Taxonomy’ could act as an enabling tool to increase investments in social infrastructure that fulfil essential services and human needs.
Within the workshop, SGI Europe underlined that the social infrastructure sectors, such as healthcare, education, or housing, will face major challenges related to their sustainability in the next years. Consequently, the ‘Social Taxonomy’ should “reward” in particular the increased use of new technologies and development of new patterns which have the power to significantly improve the available supply of essential services, as well as the efforts to foster a skilled workforce and tackling staff shortages which put in danger the accessibility to essential services.
SGI Europe underlined the need to reinforce safeguards and ‘do no harm’ principle for fundamental human and labour rights within the ‘Social Taxonomy’. Additionally, SGI Europe stressed that the ‘Social Taxonomy’ could support the social infrastructure investments to be better recognized as valuable investment assets.
Contact: Stefan Enica
On Monday 12 April, the Committee on Civil Liberties, Justice, and Home Affairs of the European Parliament (LIBE) held a meeting with Executive Vice President Margarethe Vestager regarding the Digital Services Package, which includes both the Digital Services Act (DSA) and Digital Markets Act (DMA). After a short presentation of both acts by EVP Vestager, MEPs took the floor with their comments and questions.
Whilst presenting the DSA, the EVP Vestager highlighted that one of the purposes of the Act is the removal of the illegal content, whilst at the same time preserving freedom of speech. SGI Europe, as expressed in SGI Europe's Position Paper on Digital Services Act, supports the proposal's aim to establish that what is considered illegal offline should also be illegal online.
During the discussion, several MEPs expressed concerns regarding the automatic removal of the content by the online platforms. In its position paper, SGI Europe shared similar concerns regarding the possibility of online platforms interfering with content, and in particular with editorial media content and services which are already regulated and subject to specific oversight in Europe.
One of the main concerns of the SGI Europe regarding the DMA, expressed also in SGI Europe's Position Paper on Digital Markets Act, was echoed in a comment of the MEP Ondřej Kovařík (Renew Europe) pointing out that the core issue of the envisaged DMA would lay in the definition and role of gatekeepers. SGI Europe shares the call for more clarity on the definition of the rules for gatekeepers and the criteria for establishing them.
With its Working Group on Digitalisation, SGI Europe will keep monitoring the developments on the 2 files at the European Parliament, building up on the respective position papers.
Contact: Manca Pocivavsek
On 13 April, the European Parliament Committee on Industry, Research and Energy (ITRE) have met to discuss the recently published Draft Report on the guidelines for Trans-European Energy Infrastructure (TEN-E) drafted by the MEP rapporteur Zdsislaw Krasnodebski (ECR, PL).
During this discussion between the different political groups, questions were raised about the proposed support for fossil fuels and the lack of a clear roadmap on climate action. MEP Krasnodebski highlighted that climate objectives are relevant and can only be achieved through the use of new technologies, whilst addressing the concerns on energy security of supply.
In its response to the public consultation on the TEN-E, SGI Europe stated that the review of the guidelines are crucial to align them with the climate neutrality ambitions for 2050 as well as for the mid-term targets to reduce 55% greenhouse gas emission by 2030. To strengthen the resilience of the energy system, security of supply and ensuring a clean energy transition, it is of prime importance to enable a more digitalised, decentralised and sector integrated energy system in Europe and to boost cross-border and regional cooperation. Sector integration is key to successfully decarbonise the energy and transport sector and unleash the energy transition. To successfully integrate renewable and decarbonised energy, there needs to be a better cross-sectoral integrated network planning, involving power and gas grids as well as transmission system operators and distribution system operators.
You can find more on our position on our website.
Contact: Henriette Gleau
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