COUNCIL OF THE EU

 

Press material Monday 12 June 2023

● Council of the EU   12/06/2023 13:10 | Press release | Exposure to chemicals in the workplace: Council sets out its position   The Council is ready to begin negotiations with the European Parliament on a new initiative to protect workers from health risks linked to exposure to dangerous chemicals. The amending directive on limit values for lead and its inorganic compounds and diisocyanates will set new exposure limits in the workplace and ensure that the EU’s green transition does not come at the expense of workers’ health. "The EU has a long history of protecting workers from exposure to dangerous chemicals, and the position adopted today by the Council continues that trend. We need to ensure that the people working to make the green transition a reality are shielded from potential health risks." Paulina Brandberg, Swedish Minister for Gender Equality and Working Life While the EU has long protected workers from the potential negative health effects of exposure to lead, these efforts are being stepped up in view of the ongoing transition to climate neutrality. Both lead and diisocyanates are likely to be used in battery production, electric vehicle manufacturing, wind turbines and building renovations, meaning that people working in those areas may be at greater risk of exposure. The initiative aims to significantly lower the existing limit values for lead and to introduce limit values for diisocyanates for the first time. The Council’s position, or ‘general approach’, maintains the ambitious exposure limits set out in the Commission’s proposal, while also introducing a transitional period (until 31 December 2028) to ensure that member states have sufficient time to effectively implement risk management measures and adapt their production processes to comply with the new biological limit value for lead. The Council has also introduced specific provisions for workers who already have high levels of lead in their blood as a result of historical exposure, as well as for women of childbearing age. Finally, the general approach includes a requirement for the Commission to issue guidelines on health surveillance, which should include advice on how to implement provisions relating to blood lead levels. Next steps Today’s general approach provides the upcoming Spanish presidency of the Council with a mandate to begin negotiations with the European Parliament, with a view to reaching a provisional agreement on the amending directive. Background The EU has had rules in place to limit exposure to lead since 1982. Prolonged exposure to lead is known to affect reproductive functions and foetal development, as well as to damage the nervous system, the kidneys, the heart and blood. The Commission’s proposal, which was published on 13 February 2023, lowers the occupational exposure limit for lead from 0.15mg/m3 to 0.03mg/m3, and the biological limit value for lead from 70µg/100ml to 15µg/100ml. Diisocyanates are a group of chemicals that are widely used in in industry, particularly in the manufacturing of polyurethanes and as hardeners in industrial paints, glues, varnishes and resins. There are currently no limit values for diisocyanates at EU level, yet they are known to cause asthma and other respiratory diseases. The proposal sets a new overall occupational exposure limit for diisocyanates at 6µg NCO/m3 (i.e. the maximum concentration in the air a worker breathes during the course of an 8-hour working day) and a short-term exposure limit of 12µg NCO/m3 (i.e. average exposure over a period of 15 minutes). Protecting workers: health and safety at work (background information) Proposal for a directive on the limit values for lead and its inorganic compounds and diisocyanate - General approach

Press material Monday 12 June 2023

● Council of the EU   12/06/2023 13:00 | Press release | Rights for platform workers: Council agrees its position   The Council is ready to start negotiations with the European Parliament on a new law that will help millions of gig workers gain access to employment rights. Today, ministers for employment and social affairs agreed on the Council’s general approach for a proposed directive to improve working conditions for platform workers. The proposal 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 artificial intelligence in the workplace. "The gig economy has brought many benefits to our lives, but this must not come at the expense of workers’ rights. The Council’s approach strikes a good balance between protecting workers and providing legal certainty for the platforms that employ them." Paulina Brandberg, Swedish Minister for Gender Equality and Working Life Correct classification of self-employed workers Currently, the majority of the EU’s 28 million platform workers, including taxi drivers, domestic workers and food delivery drivers, are formally self-employed. Nevertheless, a number of them have to abide by many of the same rules and restrictions as an employed worker. This indicates that they are in fact in an employment relationship and should therefore enjoy the labour rights and social protection afforded to employees under national and EU law. The Council’s aim is to address these cases of misclassification and ease the way for such workers to be reclassified as employees. Under the Council’s general approach, 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 three of the seven criteria set out in the directive. These criteria include: upper limits on the amount of money workers can receive restrictions on their ability to turn down work rules governing their appearance or conduct In cases where the legal presumption applies, it will be up to the digital platform to demonstrate that no employment relationship exists according to national law and practice. More transparent use of algorithms Digital labour platforms regularly use algorithms for human resources management. As a result, platform workers are often faced with a lack of transparency on how decisions are taken and how personal data is used. The Council wants to ensure that workers are informed about the use of automated monitoring and decision-making systems. Under the new rules, these systems will be monitored by qualified staff, who enjoy special protection from adverse treatment. Human oversight is also guaranteed for certain significant decisions such as the suspension of accounts. Next steps The Council will begin negotiations with the European Parliament on the basis of the general approach agreed upon today, with a view to reaching a provisional agreement. Background The platform economy has grown exponentially in recent years, with revenues increasing from an estimated €3 billion to around €14 billion between 2016 and 2020 and the number of platform workers expected to reach 43 million by 2025. While the growth of digital platforms has benefitted both businesses and consumers, it has led to the development of a grey zone for many platform workers when it comes to their employment status. According to the Commission, around 5.5 million workers currently classified as self-employed are in a de facto employment relationship with digital platforms and should therefore be entitled to the same labour and social rights granted to employees under EU law. Moreover, the use of algorithms in platform work has raised questions about the processing of workers’ data and the transparency and accountability of decision-making. The Commission’s proposal for a directive was published on 9 December 2021. It aims to: ensure that people working through platforms have – or can obtain – the correct employment status in light of their actual relationship with the digital labour platform, and gain access to the relevant labour and social protection rights ensure fairness, transparency and accountability in management via algorithms in the context of platform work enhance transparency, traceability and awareness of developments in platform work and improve enforcement of the relevant rules for all people working through platforms, including those operating across borders Employment and social affairs ministers have made one previous attempt to establish the Council’s general approach on the platform workers directive at their meeting on 8 December 2022. Proposal for a directive on improving working conditions in platform work - General approach EU rules on platform work (background information)

Press material Monday 12 June 2023

● Council of the EU   12/06/2023 10:33 | Press release | Standards for equality bodies: Council agrees its positions   EU employment and social affairs ministers have agreed their position on two proposals that will strengthen the independence and functioning of equality bodies in the EU, helping to prevent discrimination and better protect victims. "Equality bodies play a vital role in protecting EU citizens from discrimination. The two general approaches agreed today by the Council are important to ensure that national equality bodies have the powers, resources and independence to effectively fight discrimination." Paulina Brandberg, Swedish Minister for Gender Equality and Working Life Currently, all EU member states are required to set up national bodies to combat discrimination on grounds such as racial or ethnic origin and gender, yet the mandate and competences of these bodies vary from one member state to another. The new rules will establish common EU-wide minimum requirements for equality bodies in a number of key areas. These include: enhanced competences for equality bodies to combat discrimination on the grounds of religion or belief, disability, age or sexual orientation in the area of employment, and discrimination based on gender in the area of social security a legal requirement for equality bodies to be independent sufficient human, technical and financial resources a requirement for public institutions to consult equality bodies on matters related to discrimination and equal treatment increased powers to conduct inquiries and dispute resolution in discrimination cases Next steps One of the general approaches agreed today will be negotiated under the ordinary legislative procedure and provides the upcoming Spanish presidency of the Council with a mandate to begin negotiations with the European Parliament, with a view to reaching a provisional agreement. Regarding the proposal negotiated under a special legislative procedure, the European Parliament will be requested to give its consent. Background Equality bodies are public institutions that protect and provide assistance to victims of discrimination. The EU’s equality legislation stipulates that all member states must establish national equality bodies to deal with cases of discrimination on the grounds of sex, and racial or ethnic origin. Under the current legislation on equality bodies, member states have a wide margin of discretion, leading to significant differences across the EU as regards the competences, independence, resources, accessibility and effectiveness of such bodies. On 7 December 2022 the Commission published two proposals to strengthen equality bodies: a proposal for a directive of the Council and the European Parliament on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, with Article 157 TFEU as the legal basis (ordinary legislative procedure) a proposal for a Council directive on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in the field of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, with Article 19(1) TFEU as the legal basis (consent procedure) Because the legislation that is being revised is based on two different legislative procedures, it was necessary to publish two Commission proposals, even though their content is substantively the same. Proposal for a directive on standards for equality bodies (Article 19 TFEU) – General approach Proposal for a directive on standards for equality bodies (Article 157 TFEU) – General approach