Nimetamine

Ref. Ares(2023)778725 - 02/02/2023 EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR EMPLOYMENT, SOCIAL AFFAIRS AND INCLUSION The Director-General INFORMAL COMMISSION EXPERT GROUP ON THE TRANSPOSITION OF DIRECTIVE (EU) 2022/2041 ON ADEQUATE MINIMUM WAGES IN THE EUROPEAN UNION TERMS OF REFERENCE These Terms of Reference were adopted by the Commission services1 responsible for assessing of the transposition of Directive (EU) 2022/2041 and were uploaded in the Register of Commission expert groups and other similar entities2 (‘the Register of expert groups’). 1. Background According to Article 17 of Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union3, Member States shall adopt the measures necessary to comply with this Directive by 15 November 2024. They shall immediately inform the Commission thereof. Member States shall also communicate to the Commission the text of the main measures of national law which they adopt in the field covered by the Directive. Establishing good cooperation between the Member States, the EU social partners, EEA- EFTA States, and relevant Commission services on questions related to the transposition of this Directive will be important to ensure a correct and timely transposition into national law. In this context, the Commission’s Directorate-General for Employment, Social Affairs and Inclusion (‘DG EMPL’) has decided to set up an expert group on the transposition of Directive (EU) 2022/2041, in line with the Commission’s horizontal rules on expert groups (‘the horizontal rules’)4. Given the importance of social partners for ensuring adequate minimum wages in Member States, social partner organisations shall participate in the discussions of this informal Commission expert group as specified under point 5. In addition, EEA-EFTA States’ national authorities shall also take part in the discussions of the group. 1 Directorate-General for Employment, Social Affairs and Inclusion. 2 http://ec.europa.eu/transparency/regexpert/ 3 OJ L 275, 25.10.2022, p. 33–47. 4 Commission Decision C(2016) 3301. 1  2. Subject matter The group of experts on the transposition of Directive (EU) 2022/2041 on adequate minimum wages in the European Union (‘the group’) is set up. 3. Tasks The group shall advise and support DG EMPL in monitoring the correct and timely transposition of the Directive on adequate minimum wages in the European Union by Member States. The group will discuss the provisions of this Directive, in particular those likely to present particular difficulties when being transposed into national law. The group will also give national experts, where relevant social partners, and the Commission services the opportunity to exchange views on the progress of the exercise of transposition of the Directive at national level. In this context, the group’s specific tasks shall be: a) to advise and support DG EMPL in monitoring the correct and timely transposition of the Directive; b) to establish cooperation between the Commission (DG EMPL) and Member States as well as social partners and EEA-EFTA States regarding questions related to the transposition of the Directive; c) to exchange best practices and information on any practical problems faced during the transposition process; d) to share, where applicable, expertise and knowledge that could be useful for the understanding and correct interpretation of certain provisions of the Directive; and e) to issue a final report on the transposition of the Directive. 4. Consultation DG EMPL may consult the group on any matter relating to the transposition of the Directive until the moment the Directive has been fully transposed in all Member States. 5. Composition of the group The group shall be composed of Member States’ authorities, European Social Partners, and the authorities of the EEA-EFTA States: a) Member States’ authorities Pursuant to Article 7(2)(d) of Commission Decision C(2016) 3301, the competent national Member States' authorities (such as employment and social affairs ministries) shall participate in the group with full rights (i.e. participate in the discussions and in votes, and draft the recommendations, the final report, or the advice of the group). Member States' authorities shall nominate their representatives (one representative each) and shall be responsible for ensuring that their representatives provide a high level of expertise. Member States' representatives shall be experts involved in the transposition of the Directive into national law. 2  b) European Social Partners European Social Partners representing employers’ organisations and workers’ organisations (same number of representatives representing each of them) shall be appointed by the Commission to participate in the group via a direct invitation5. European Social Partners shall take part in the discussions of the group and provide their expertise including for the recommendations and the final report. They shall not have voting rights. The drafting and adoption of the recommendations or of the final report of the group shall be the responsibility of Member States. c) EEA-EFTA States The three EEA-EFTA States’ national authorities shall also take part in the discussions of the group. They shall nominate one representative each. EEA-EFTA States’ national authorities shall provide their expertise, where relevant. They shall not have voting rights. The drafting and adoption of the recommendations or of the final report of the group shall be the responsibility of Member States. 6. Invited experts DG EMPL may invite other experts with specific expertise with respect to a subject matter on the agenda to take part in the work of the group on an ad hoc basis. 7. Chair The group shall be chaired by a representative of DG EMPL. 8. Operation 1) The group shall act at the request of DG EMPL, in compliance with the horizontal rules. 2) Meetings of the group shall, in principle, be held on Commission premises or virtually, depending on the circumstances. 3) The group is expected to meet several times per year until the transposition deadline. 4) DG EMPL shall provide secretarial services. 5) Commission officials from other departments with an interest in the proceedings may attend meetings of the group. 6) Minutes on the discussion on each point on the agenda and on the opinions delivered by the group shall be meaningful and complete, reflecting the different positions expressed during the discussions. Minutes shall be drafted by the secretariat under the responsibility of the Chair. 7) In agreement with DG EMPL, the group may, by simple majority of Member States, decide that deliberations shall be public. 8) As far as possible, the group shall adopt its opinions, recommendations, or reports by consensus. In the event of a vote, the outcome of the vote shall be decided by simple majority. Member States who have voted against or abstained shall have the right to have a document summarising the reasons for their position annexed to the opinions, recommendations or reports. 5 Article 16 of Commission Decision C(2016)3301 final. 3  9. Rules of procedure On a proposal by and in agreement with DG EMPL the group shall adopt its rules of procedure by simple majority of Member States’ authorities, on the basis of the standard rules of procedure for expert groups, in compliance with the horizontal rules6. 10. Professional secrecy and handling of classified information All the participants of the group are subject to the obligation of professional secrecy, which by virtue of the Treaties and the rules implementing them applies to all members of the institutions and their staff, as well as to the Commission's rules on security regarding the protection of Union classified information, laid down in Commission Decisions (EU, Euratom) 2015/4437 and 2015/4448. Should they fail to respect these obligations, the Commission may take all appropriate measures. 11. Transparency The group shall be registered in the Register of expert groups. As concerns the group’s composition, the following data shall be published in the Register of expert groups:  the names of Member States' authorities;  the names of the social partner organisations; the interest represented shall be disclosed;  the names of third countries’ authorities. All relevant documents, including the agendas, the minutes of meetings of the group and the participants’ submissions, shall be made available either in the Register of expert groups or via a link from the Register to a dedicated website, where this information can be found. Access to dedicated websites shall not be submitted to user registration or any other restriction. In particular, DG EMPL shall publish the agenda and other relevant background documents in due time ahead of the meeting, followed by timely publication of minutes. Exceptions to publication shall only be possible where it is deemed that disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) N° 1049/20019. 6 See Article 17 of the horizontal rules. 7 Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41). 8 Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53). 9 These exceptions are intended to protect public security, military affairs, international relations, financial, monetary or economic policy, privacy and integrity of the individual, commercial interests of a natural or legal person, including intellectual property, court proceedings and legal advice, inspections/investigations/audits and the institution's decision-making process. As regards third-party documents, the Commission services shall consult the third party with a view to assessing whether an exception for a publication is applicable, unless it is clear that the document shall or shall not be disclosed. 4  12. Meeting expenses Participants of the group shall not be remunerated for the services they offer. Travel and subsistence expenses incurred by participants in the activities of the group shall be reimbursed by the Commission. Reimbursement shall be made in accordance with the provisions in force within the Commission and within the limits of the available appropriations allocated to the Commission departments under the annual procedure for the allocation of resources. Done in Brussels, on 25/01/2023. 5 Ref. Ares(2023)778725 - 02/02/2023 RULES OF PROCEDURE OF THE INFORMAL COMMISSION EXPERT GROUP ON THE TRANSPOSITION OF DIRECTIVE EU 2022/2041 ON ADEQUATE MINIMUM WAGES IN THE EUROPEAN UNION The Commission’s Expert Group on the transposition of Directive (EU) 2022/2041 on adequate minimum wages in the European Union, Having regard to the creation of the group by the Commission’s Directorate-General for Employment, Social Affairs and Inclusion (‘DG EMPL’), Having regard to the standard rules of procedure of expert groups1, HAS ADOPTED THE FOLLOWING RULES OF PROCEDURE: Point 1 Operation of the group The group shall act at the request of DG EMPL. Point 2 Convening a meeting 1. Meetings of the group are convened by the Chair. 2. Meetings of the group shall, in principle, be held on Commission premises or virtually, depending on the circumstances. Point 3 Agenda 1. The secretariat shall draw up the agenda under the responsibility of the Chair and send it to the participants of the group. 2. The agenda shall be adopted by the group at the start of the meeting. Point 4 Documentation to be sent to the participants of the group 1. The secretariat shall send the invitation to the meeting and the draft agenda to the participants of the group no later than twenty-one calendar days before the date of the meeting. 2. The secretariat shall send the documents on which the group is consulted to the participants of the group no later than fourteen calendar days before the date of the meeting. 1 C(2016) 3301 (Annex 3). 3. In urgent or exceptional cases, the time limits for sending the documentation mentioned in paragraphs 1 and 2 may be reduced to five calendar days before the date of the meeting. Point 5 Documents of the group 1. The documents of the group shall record the views of all those having participated in the discussions. 2. As far as possible, the group shall adopt its opinions, recommendations, or reports by consensus. In the event of a vote, the outcome of the vote shall be decided by simple majority of Member States’ representatives. Member States’ representatives who have voted against or abstained shall have the right to have a document summarising the reasons for their position annexed to the opinions, recommendations, or reports. Point 6 Written procedure 1. If necessary, the group’s opinion or recommendation on a specific question may be delivered via a written procedure. To this end, the secretariat sends to the Member States’ representatives the document(s) on which the group is being consulted. 2. However, if a simple majority of Member States’ representatives asks for the question to be examined at a meeting of the group, the written procedure shall be terminated without result and the Chair shall convene a meeting of the group as soon as possible. Point 7 Secretariat DG EMPL shall provide secretarial support for the group and any sub-groups. Point 8 Minutes of the meetings Minutes on the discussion on each point on the agenda and on the opinions delivered by the group shall be meaningful and complete, reflecting the different positions expressed during the discussions. Minutes shall be drafted by the secretariat under the responsibility of the Chair. 2  Point 9 Attendance list At each meeting, the secretariat shall draw up, under the responsibility of the Chair, an attendance list also specifying, where appropriate, the Member States' authorities, organisations or other public entities to which the participants belong.2 Point 10 Correspondence 1. Correspondence relating to the group shall be addressed to DG EMPL, for the attention of the Chair. 2. Correspondence for participants of the group shall be sent to the e-mail address which they provide for that purpose. Point 11 Transparency 1. The group shall be registered on the Register of Commission expert groups (‘the Register of expert groups’). 2. As concerns the group composition, the following data shall be published on the Register of expert groups: (a) the names of the Member States' authorities; (b) the names of the social partner organisations; the interest represented shall be disclosed; and (c) the names of third countries’ authorities. 3. DG EMPL shall make available all relevant documents, including the agendas, the minutes of the meetings of the group and the participants’ submissions, either on the Register of expert groups or via a link from the Register to a dedicated website, where this information can be found. Access to dedicated websites shall not be submitted to user registration or any other restriction. In particular, DG EMPL shall publish the agenda and other relevant background documents in due time ahead of the meeting, followed by timely publication of minutes. Exceptions to publication shall only be possible where it is deemed that disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) N° 1049/20013. 2 The names of the representatives of organisations, Member States’ authorities or other public entities may be included only subject to their prior freely given, specific, informed and unambiguous consent, in compliance with Article 3(15) and Article 7 of Regulation 2018/1725.. 3 These exceptions are intended to protect public security, military affairs, international relations, financial, monetary or economic policy, privacy and integrity of the individual, commercial interests, court proceedings and legal advice, inspections/investigations/audits and the institution's decision- making process. 3  Point 12 Access to documents Applications for access to documents held by the group shall be handled in accordance with Regulation (EC) No 1049/20014. Point 13 Deliberations In agreement with DG EMPL, the group may, by simple majority of Member States’ representatives, decide that deliberations shall be public. 4 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). 4 Ref. Ares(2023)778725 - 02/02/2023 EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR EMPLOYMENT, SOCIAL AFFAIRS AND INCLUSION The Director-General Brussels, 02/02/2023 EMPL.F.2/FP/em(2023)1039708 Subject: Expert group on the transposition of the Directive on adequate minimum wages in the EU: invitation to nominate representatives Your Excellency, On 19 October 2022, Directive (EU) 2022/2041 on adequate minimum wages in the European Union was adopted. The Directive establishes an EU framework for the adequacy of statutory minimum wages, promoting collective bargaining on wage setting, and enhancing the effective access of workers to minimum wage protection. Pursuant to Article 17 of the Directive, Member States should take the necessary measures to comply with it by 15 November 2024. In order to contribute to the Commission’s efforts to ensure the correct and timely transposition of the Directive and support the Member States in that respect, the Commission is setting up an expert group composed of experts nominated by the Member States. The social partners will also be invited to provide their views on issues particularly relevant to them. In addition, EEA-EFTA States’ national authorities will take part in the discussions of the group. The group will discuss the provisions of the Directive, with particular attention to those provisions that are likely to present difficulties when being transposed into national law. The group will also give national experts and, where relevant, social partners as well as the Commission an opportunity to exchange views on progress in the transposition at national level. The Commission’s Directorate-General for Employment, Social Affairs and Inclusion will organise the meetings and provide secretarial support. The group will be chaired by Ms Nathalie Darnaut, Deputy Director and Head of Unit ‘Labour Market, Wages, Eurofound’. The working language of the group will be English. The Terms of Reference and the draft Rules of Procedure of the group are enclosed. It is my pleasure to invite you to nominate one expert and one alternate representing your Member State. The nominees should be involved in the transposition of the Directive into national law. H.E. Mr Aivo Orav Ambassador Extraordinary and Plenipotentiary Permanent Representation of Estonia to the EU Rue Guimard 11-13 B - 1040 Brussels [email protected] Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 2 29 91111  I would be grateful if you could communicate the name and contact details of the nominated representatives to [email protected] by 21 February 2023, using the enclosed nomination form. The first meeting is scheduled to take place in Brussels on 8 March 2023. An official invitation and more details on this meeting will follow in due course and will be sent directly to the representatives once we have received your nominations. In case of queries, do not hesitate to contact my services at EMPL-MWD-EXPERT- [email protected]. Yours sincerely, Joost KORTE Enclosures: 1. Nomination form 2. Terms of Reference 3. Draft Rules of Procedure Electronically signed on 02/02/2023 11:11 (UTC+01) in accordance with Article 11 2 of Commission Decision (EU) 2021/2121 Saatja: Webdesktop <[email protected]> Saadetud: 03.02.2023 09:50 Adressaat: <"SM Info">; <"Annely Salumaa">; <"Agni Aav"> Koopia: <=?utf-8?Q?Thea_Treier_Br=C3=BCsselis?=>; <=?utf- 8?Q?Kati_Keel_Br=C3=BCsselis?=> Teema: Webdesktop: Kiri nr 14-4/114 / Nimetamine - Expert group on the transposition of the Directive on adequate minimum wages in the EU Manused: 114.pdf; 114_lisa_1.pdf; 114_lisa_2.pdf; 114_lisa_3.pdf; 114_Ekiri.msg Tere! Edastan Komisjoni kirja. Vastamise tähtaeg on 21.02.2023. Reg. number: 14-4/114 Reg. kuupäev: 03.02.2023 Sisu: Nimetamine - Expert group on the transposition of the Directive on adequate minimum wages in the EU: invitation to nominate representatives Heade soovidega Tiiu Noobel [email protected] sekretär, EV alaline esindus EL juures Saatja: Maili Liivamäe </O=ESTONIAN MINISTRY OF FOREIGN AFFAIRS/OU=EVM/CN=RECIPIENTS/CN=MLIIVAMAE> Saaja: Tiiu Noobel, Esindus EL juures üldaadress Teema: FW: Expert group on the transposition of the Directive on adequate minimum wages in the EU: invitation to nominate representatives Edastan. Tervitustega Maili From: Aivo Orav <[email protected]> Sent: Thursday, February 2, 2023 4:50 PM To: Maili Liivamäe <[email protected]> Subject: FW: Expert group on the transposition of the Directive on adequate minimum wages in the EU: invitation to nominate representatives ________________________________ From: [email protected] <mailto:[email protected]> Sent: Thursday, February 2, 2023 5:49:00 PM (UTC+02:00) Helsinki, Kyiv, Riga, Sofia, Tallinn, Vilnius To: Aivo Orav Subject: Expert group on the transposition of the Directive on adequate minimum wages in the EU: invitation to nominate representatives Your Excellency, Please find attached an invitation letter on the above mentioned subject. Best regards. Emilie MEURS European Commission DG EMPLOYMENT, SOCIAL AFFAIRS & INCLUSION Secretary - Unit.F.2: Labour market and Wages, Eurofound J27 04/010 B-1049 Brussels/Belgium +32 2 29 95385 Ref. Ares(2023)778725 - 02/02/2023 ANNEX I/ ANLAGE I / ANNEXE I EXPERT GROUP ON DIRECTIVE (EU) 2022/2041 SACHVERSTÄNDIGENGRUPPE FÜR RICHTLINIE (EU) 2022/2041 GROUPE D’EXPERTS SUR LA DIRECTIVE (UE) 2022/2041 NOMINATION FORM / FORMULAR FÜR DIE ERNENNUNG VON MITGLIEDERN / FORMULAIRE DE NOMINATION Representative/ Alternate member/ Vertreter/in/ Alternatives Mitglied/ Représentant(e) Membre suppléant Title (Ms / Mr )/ Titel (Herr/ Frau) / Titre (Monsieur / Madame) First name/ Vorname/Prénom Last name/ Nachname/Nom Position, Job title/ Arbeitsstelle, Berufsbezeichnung/ Position, Profession Organisation/ Organisation/ Organisation Country/ Land/ Pays E-mail/ E-Mail/ Email Phone/ Telefon/ Téléphone Please return the completed form by e-mail to [email protected] by 21 February 2023. Bitte senden Sie uns das ausgefüllte Formular per E-Mail an EMPL-MWD-EXPERT- [email protected] bis zum 21. Februar 2023 zurück. Veuillez envoyer le formulaire dûment complété par email à EMPL-MWD-EXPERT- [email protected] pour le 21 février 2023. 1 All personal data received will be processed in accordance to Regulation (EU) 2018/1725. Alle persönlichen Daten, die wir erhalten, werden entsprechend der EU-Verordnung 2018/1725 verarbeitet. Toutes les données personnelles reçues seront traitées conformément à la Réglementation (EU) 2018/1725. 2