Ref. Ares(2022)76652 - 05/01/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR EMPLOYMENT, SOCIAL AFFAIRS AND INCLUSION
The Director-General
Brussels, 5 January 2022
EMPL.F.2/DC/em (2022)28902
Subject:
Your application for access to documents – GESTDEM 2021/6941
Dear Mr Syrovatka,
I refer to your e-mail dated 15 November 2021 in which you make a request for access to
documents, registered on the same day under the above mentioned reference number.
You request access to:
all minutes (and other notes) of discussions with (representatives of)
BusinessEurope, the Institute of International Finance, the European
Roundtable of Industrialists (ERT) and the "LisbonCouncil" respective the
draft minimum wage directive (COM(2020) 682 final) in the timeframe
between January 2020 and November 2021;
correspondence with (representatives of) BusinessEurope, the Institute of
International Finance, the European Roundtable of Industrialists (ERT)
and the "LisbonCouncil" respective the draft minimum wage directive
(COM(2020) 682 final) in the timeframe between January 2020 and
November 2021;
documents submitted by (representatives of) BusinessEurope, the Institute
of International Finance, the European Roundtable of Industrialists (ERT)
and the "LisbonCouncil" respective the draft minimum wage directive
(COM(2020) 682 final) in the timeframe between January 2020 and
November 2021;
all documents and protocols of InterService Consultations (CisNet-
Documents) related to the draft minimum wage directive (COM(2020)
682 final) in the timeframe between January 2020 and November 2021;
and
all position papers and non-papers related to the draft Minimum Wage
Directive (COM(2020) 682 final) in the period between January 2020 and
November 2021 that are available to the Commission and of which it has
knowledge.
Dr. Felix Syrovatka
Freie Universität Berlin
Institut für Arbeitsrecht
Van't-Hoff-Straße 8
14195 Berlin
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Having examined the documents requested under the provisions of Regulation (EC)
No 1049/2001 regarding public access to documents, I have come to the conclusion that the
documents in the Annex to this letter can be shared at this stage.
The exceptions laid down in Article 4(3) of Regulation (EC) No 1049/2001 apply, unless
there is an overriding public interest in disclosure of the document/documents. My services
have examined whether there could be an overriding public interest in disclosure, but have
not been able to identify such an interest.
Please note that the Annex does not include the following documents:
documents submitted to the European Commission by third parties that are already
publicly available,
documents and protocols of inter-service consultations related to the draft minimum
wage Directive. They relate to a matter that is subject to ongoing negotiations by the
EU institutions, and therefore their disclosure at this stage would in the view of the
European Commission seriously undermine the decision-making process.
Please note that documents originating from third parties are disclosed to you based on
Regulation (EC) No 1049/2001. However, this disclosure is without prejudice to the rules
on intellectual property, which may limit your right to reproduce or exploit the released
documents without the agreement of the originator, who may hold an intellectual property
right on them. The European Commission does not assume any responsibility from their
reuse.
Moreover, a complete disclosure of some documents is prevented by the exception
concerning the protection of privacy and the integrity of the individual outlined in
Article 4(1)(b) of Regulation (EC) No 1049/2001, because they contain the names of
Commission staff members not pertaining to the senior management and/or the names and
contact details of other natural persons.
The document named ‘Flash report EESC hearing on Decent minimum wages across
Europe, 30 June 2020, reference Basis CAB SCHMIT/230’ was drawn up for internal
use under the responsibility of the relevant service of the Directorate-General for
Employment, Social Affairs & Inclusion. It solely reflects the service’s interpretation of
the interventions made and does not set out any official position of the third parties to
which the document refers, which were not consulted on its content. It does not reflect
the position of the Commission and cannot be quoted as such.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to make
a confirmatory application requesting the Commission to review this position.
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Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretary-General of the Commission at the following address:
European Commission
Secretariat-General
Transparency,
Document
Management
&
Access
to
Documents
(SG.C.1)
BERL 7/076
B-1049 Brussels
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Joost KORTE
Enclosure:
List of disclosed documents
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Annex: list of disclosed documents
Bundesverband Spedition und Logistik‘s (DSLV) response to the European
Commission’s First phase consultation of Social Partners under Article 154
TFEU on a possible action addressing the challenges related to fair minimum
wages,
addressee:
European
Commission,
24
February
2020,
Ares(2020)1185568;
Confederation of European Security Services’ (CoESS) response to the
European Commission’s Second phase consultation of Social Partners under
Article 154 TFEU on a possible action addressing the challenges related to
fair minimum wages, 3 September 2020, addressee: European Commission,
reference Ares(2021)657142;
Council of European Municipalities and Regions’ (CEMR) response to the
European Commission’s First phase consultation of Social Partners under
Article 154 TFEU on a possible action addressing the challenges related to
fair minimum wages, addressee: European Commission, reference
Ares(2020)1178812;
European Chemical Employers Group’s (ECEG) response to the European
Commission’s First phase consultation of Social Partners under Article 154
TFEU on a possible action addressing the challenges related to fair minimum
wages, (ECEG), addressee: European Commission, 24 February 2020,
reference Ares(2020)1157131;
European Chemical Employers Group’s (ECEG) response to the European
Commission’s Second phase consultation of Social Partners under Article
154 TFEU on a possible action addressing the challenges related to fair
minimum wages, addressee: European Commission, 4 September 2020,
reference Ares(2021)657582;
European Cleaning and Facility Services Industry’s (EFCI) response to the
European Commission’s Second phase consultation of Social Partners under
Article 154 TFEU on a possible action addressing the challenges related to
fair minimum wages, addressee: European Commission, 4 September 2020,
reference Ares(2021)657550;
European Confederation of Woodworking Industries’ (CEI-Bois) response
to the European Commission’s First phase consultation of Social Partners
under Article 154 TFEU on a possible action addressing the challenges
related to fair minimum wages, addressee: European Commission 25
February 2020, reference Ares(2020)1198347;
European Confederation of Woodworking Industries’ (CEI-Bois) response
to the European Commission’s Second phase consultation of Social Partners
under Article 154 TFEU on a possible action addressing the challenges
related to fair minimum wages, addressee: European Commission, 3
September 2020, reference Ares(2021)657226;
European Employers’ Group of Professional Agricultural Organisations’
(GEOPA-COPA) response to the European Commission’s Second phase
consultation of Social Partners under Article 154 TFEU on a possible action
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addressing the challenges related to fair minimum wages, addressee:
European Commission, 31 August 2020, reference Ares(2021)658116;
European Furniture Industries Confederation’s (EFIC) response to the
European Commission’s First phase consultation of Social Partners under
Article 154 TFEU on a possible action addressing the challenges related to
fair minimum wages, addressee: European Commission, 24 February 2020,
reference Ares(2021)657342;
Flash report EESC hearing on Decent minimum wages across Europe, 30
June 2020, reference Basis CAB SCHMIT/230;
Graphical Sector’s (INTERGRAF) response to the European Commission’s
First phase consultation of Social Partners under Article 154 TFEU on a
possible action addressing the challenges related to fair minimum wages,
addressee:
European
Commission,
February
2020,
reference
Ares(2020)1173956;
Graphical Sector’s (INTERGRAF) response to the European’ Commission’s
Second phase consultation of Social Partners under Article 154 TFEU on a
possible action addressing the challenges related to fair minimum wages,
addressee:
European
Commission,
September
2020,
reference
Ares(2021)657302;
Gröna arbetsgivare’s (Swedish Federation of Green Employers) response to
the European Commission’s Second phase consultation of Social Partners
under Article 154 TFEU on a possible action addressing the challenges
related to fair minimum wages, addressee: European Commission, reference
Ares(2021)657018;
Hospitality Europe’s (HOTREC) response to the European Commission’s
First phase consultation of Social Partners under Article 154 TFEU on a
possible action addressing the challenges related to fair minimum wages,
addressee: European Commission, reference Ares(2020)1157408;
Hospitality Europe’s (HOTREC) response to the European Commission’s
Second phase consultation of Social Partners under Article 154 TFEU on a
possible action addressing the challenges related to fair minimum wages,
addressee: European Commission, reference Ares(2021)656714;
Pearle Live Performance Europe’s response to the European Commission’s
First phase consultation of Social Partners under Article 154 TFEU on a
possible action addressing the challenges related to fair minimum wages,
addressee: European Commission, reference Ares(2020)1143555.
Electronically signed on 05/01/2022 17:30 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482
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