Last round of talks on working time directive

Malta is closely monitoring developments in the last round of talks between the European Parliament and Council, which should lead to a compromise over the controversial working time directive.

The possibility of countries to opt-out of the limit on overtime remained the main stumbling block separating the two institutions as MEPs and representatives of member states last Wednesday met in Brussels to forge some sort of agreement on the revision of this directive.

The EU Council, including Malta, supports the provision in the current directive, which allows individual member states to opt-out of the maximum working week of 48 hours. However, the EP is objecting and wants opt-outs to be abolished.

This week's talks, in fact, come after 421 out of 705 MEPs voted against the clause last December. The move was immediately shot down by employers' representatives, who said that imposing such restrictions on production at a time of crisis would be "disastrous". Now, the European Parliament and the council have six weeks to find a solution and another meeting was set for April 1.

"No agreement could be reached on the main controversial aspects... particularly on the phasing out of the opt-out clause," an EP spokesman said. "We are willing to find a solution but the Council has to make serious steps towards Parliament, particularly on the issue of opt-out."

According to EU rules, the Conciliation Committee (as these negotiations between the EP and Council are known) has six weeks, which can be prolonged by a further two weeks, to reach an overall agreement in the form of a joint text.

However, given that Parliament holds its last plenary session in Strasbourg in May, before the June EP elections, the deadlines have been curtailed and any agreement reached in the committee has to be approved or rejected by May at the latest.

If the committee does not reach an agreement, or if Parliament or the Council does not approve the joint text, the act would not be adopted.

Malta is insisting on the adoption of the common position reached by member states last June: that the revision should continue allowing opt-outs so that workers can work more than the 48 hours a week.

Malta argues that it needs a flexible working environment, particularly in the tourism and health sectors. The government's position is also supported by trade unions and employers' representatives.

Government sources said that, although Malta would continue to insist there should be no change, the government was aware that the status quo option was difficult to maintain after the MEPs' vote went diametrically against member states' position.

"The fact EP elections are just round the corner will make Malta's position even weaker as there is only a minority of countries which are insisting on keeping the opt-out clause, including the UK," the sources said.

A possible agreement between the two institutions will have to be approved by a majority in both the EP chamber and at Council level. Unanimity on this issue is not required.