[ARTICLE 139]

SINGLE MARKET:

EMPOWERED EUROPEAN PARLIAMENT

MUST BE INFORMED OF ALL AGREEMENTS WITH ‘SOCIAL PARTNERS’= ;

AT THE UNION LEVEL

[ARTICLE 139]

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

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Policy Area:

Treaty= on the Functioning of the European Union, Part Three Policies and Internal Act= ions of the Union, Title IX Social Policy, Ar= ticle 139

Amendment:<= /o:p>

Clause 2,&n= bsp; page 1, line 12, after ‘excluding’, insert—

‘(i) Article 2, paragraphs 114 to 122, inserted Article 136a TEC (TFEU) relating to social partners, and amendments to Articles 137 to 140, 143 and 148 TEC (TFEU) relating to social policy; and

(ii)’.

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Lisb= on Treaty: =

“118) Article 139(2) shall be amended as follows:<= o:p>

(a) at the end of the first subparagraph, the following sentence shall be added: "The

European Parliament shall be informed.";

(b) in the second subparagrap= h, at the beginning of the first sentence, "The Council shall act by qualifi= ed majority, except where the agreement" shall be replaced by "The Council shall act unanimously where the agreement" and the second sent= ence shall be deleted.”

Consolidated Treaty Article(s):

“Article 139=

1. Should management and labour so desire, the dialogue between them at Community level may lead to contractual relations, including agreements.

2. Agreements concluded at Community level shall be implemented either in accordance with the procedures and practices specific= to management and labour and the Member States or,= in matters covered by Article 137, at the joint request of the signatory parti= es, by a Council decision on a proposal from the Commission.<= /p>

The Council shall act by qualified majority, except where the agreement in question contains one or more provisions relating to one of the areas for which unanimity is required pursuant to Article 137(2). In th= at case, it shall act unanimously.”

Expl= anation:

Whilst this Article on social dialogue and agreements between social partners at Union level was not substantially ame= nded by the Lisbon Treaty, the Treaty increases the role of the European Parliam= ent specifying that it shall be informed of agreements with social partners concluded at Union level.

According to Article 139 (2) “Agreements concluded at Community level shall be implemented either in accordance with the procedures and practices specific= to management and labour and the Member States or,= in matters covered by Article 137, at the joint request of the signatory parti= es, by a Council decision on a proposal from the Commission.” Such Council decisions are adopted by QMV yet the Council acts unanimously where the agreement in question includes provisions for areas in which unanimity is required, such as social security and social protection of workers (accordi= ng to Article 137 (2)). The unanimity required to change those areas has been = retained in the Lisbon Treaty.