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Agreement between EuroCommerce and Euro-FIET
on the Establishment of a Sectoral Dialogue Committee in Commerce

EuroCommerce and Euro-FIET, the European social partners for commerce,

Having regard to the Commission’s Decision 98/500/EC of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the dialogue between the social partners at European level;

Whereas Article 118 b of the Treaty states that the Commission is to endeavour to develop the dialogue between management and labour at European level which could, if the two sides consider it desirable, lead to relations based on agreement;

Whereas EuroCommerce and Euro-FIET meet the three criteria established in the Commission’s Communication concerning the application of the Protocol on Social Policy of 14 December 1993 (COM (93) 600); whereas EuroCommerce and Euro-FIET are the European organisations representative of European commerce;

Whereas EuroCommerce and Euro-FIET have, since the establishment of a social dialogue in 1983, developed constructive relationships, leading to significant achievements, including :

a Memorandum on training in the retail trade (19 October 1988);
a EuroCommerce and Euro-FIET statement on combating violence in commerce (9 March 1995);   a Joint opinion on the future social dialogue in commerce to the Intergovernmental Conference on the revision of the Treaty of the European Union (27 October 1995);
a Joint Statement on combating child labour (8 March 1996);
a Joint opinion on promoting employment in European Commerce (27 February 1997).

Whereas EuroCommerce and Euro-FIET officially recognised each other at their plenary meeting of 1 December 1993, within the meaning of articles 3 and 4 of the Agreement on social policy; whereas EuroCommerce and Euro-FIET attach great importance to their dialogue and it is their intention to strengthen this social dialogue in the future;

Whereas EuroCommerce and Euro-FIET have through their active social dialogue developed a European dimension of industrial relations; whereas the European social dialogue has been followed up at national level through joint projects, round tables discussions and has therefore contributed to developing industrial relations in the Member States;

Whereas commerce is one of the largest providers of employment with 22.5 employees, representing 16% of total EU employment;

whereas EuroCommerce and Euro-FIET have given priority to employment creation and tackled this issue through joint opinions supported by research projects, including a EuroCommerce Euro-Joint Statement on Employment adopted on 30 November 1998;

Whereas it is necessary to prepare the social partners from the applicant countries in view of the future membership in the EU;

whereas EuroCommerce and Euro-FIET have been contributing to that aim through the organisation of a series of roundtable meetings in the applicant countries;

Whereas European commerce is worried that exploitation of children is still occuring in certain countries producing goods for the European market;

whereas the issue of child labour, which EuroCommerce and Euro-FIET addressed in a 1995 Joint Statement, remains one of the priorities of their social dialogue;

Whereas EuroCommerce and Euro-FIET recognise that there is a need to focus their social dialogue on a certain number of priority issues;

whereas the social dialogue for commerce needs to be structured in an efficient way in order to make the best use of available resources;



Have agreed to establish a Sectoral Social Dialogue Committee as follows:



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Article 1 : Aims and Instruments of the Social Dialogue

1.1 In the context of their social dialogue, EuroCommerce and Euro-FIET will be seeking to :

develop a sustainable framework for a competitive sector and for the promotion of employment in commerce;
improve worker employability and to encourage adaptation of businesses and their employees to the challenges posed by current developments affecting commerce;  make commerce a more attractive sector to work in and to maintain and, where possible, to increase employment in the sector.

1.2 To achieve the aims set out in article 1.1, EuroCommerce and Euro-FIET will take appropriate action and, depending on the issue under consideration, will :

regularly exchange information;
issue joint declarations or conclude agreements;
conduct joint projects;
organise joint seminars on topical issues.



Article 2 : Priorities for the Social Dialogue

EuroCommerce and Euro-FIET recognise that there is a need to focus their social dialogue on priority issues at European level labour relations in commerce.

2.1 Employment Promotion

Employment will continue to be the main focus of the social dialogue. The aims and objectives in this area are set in a Joint Opinion on Employment which will be submitted to the European Council in Vienna and which is annexed to the present agreement. The dialogue will seek to combine the need for commerce enterprises to adapt and meet ever-changing consumer needs and the need of workers for security.

This dialogue will take current initiatives in this area a step further and will build on the Communication of the European Commission on
"Modernising the organisation of work – A positive approach to change" which was adopted earlier this year. EuroCommerce and Euro-FIET will also endeavour to issue recommendations or conclude agreements that can have a concrete positive impact on employment in commerce.

2.2 Electronic Commerce

Issues related to the developments in IT, and in particular the expansion of electronic commerce, will be raised in conjunction with a joint project on the "Impact of the Development of Electronic Commerce on Training Needs in Commerce". EuroCommerce and Euro-FIET will also follow the global developments connected with Internet trade and other forms of electronic commerce and raise joint issues where necessary.

2.3 Enlargement of the European Union

In the context of the enlargement of the EU to the east, EuroCommerce and Euro-FIET have been working with the social partners for commerce in the applicant countries in promoting industrial relations through a series of round table meetings. The process which began in 1998 will continue  through 1999. In addition, in view of their future membership, EuroCommerce and Euro-FIET consider it necessary to look at the challenges and the
impact of enlargement, in particular in the area of employment.

2.4 Child Labour

The social partners for commerce agree on the need to combat and ultimately eradicate child labour and will continue to work together to seek the most appropriate ways for European commerce to further contribute to these aims. In 1995, EuroCommerce and Euro-FIET agreed on a joint statement on combating child labour and launched a research project in 1998 to identify the best ways for commerce to tackle this problem. On the
basis of the final report to be submitted to the social dialogue in 1999, EuroCommerce and Euro-FIET will take decisions on any follow-up activities or on the opening of discussions with a view to concluding agreements.



2.5 Racism and Xenophobia

Following on from an agreement concluded in 1997, a joint working party was established in 1998 which will report back to the social dialogue in 1999.



Article 3 : Structure of the Social Dialogue

As the social dialogue for commerce is increasingly focused on priority issues, there is a need for structural changes to ensure the best possible use of available resources.

3.1 Plenary Session

The annual plenary session will continue to be the main steering instrument of the social dialogue in commerce. The progress of the social dialogue shall be monitored and decisions on future actions be taken. The plenary session shall decide on the establishment of working groups and give a mandate to them. The plenary session may also be a forum for more general discussions on the relationships between social partners and on the developments of European labour relations.

In addition to the spokespersons from each delegation and the representatives from the secretariat of the two organisations, one employer and one employee representative from each Member State shall in principle be invited to the plenary session. The plenary session shall be chaired by a representative from the European Commission.

Interpretation should be available in as many Community languages as possible.

3.2 Working Groups

Working groups shall be established to deal with specific issues by the plenary session. Working groups shall consist of three to five members from each side. On the basis of the priorities identified in article 2, the following working groups shall be established in 1999 :

Working Group on Employment
Working Group on Education and Vocational Training
Working Group on Electronic Commerce
Working Group on Racism and Xenophobia
Working Group on Child Labour
Working Group on Wholesale Trade and Commercial Sales Agents.

Working groups shall regularly make a report of their activities to the plenary session. Given the number of working groups, the languages for interpretation will be limited.

3.3 Other Meetings

In addition to regular social dialogue meetings, EuroCommerce and Euro-FIET will endeavour to organise an annual meeting or conference with the support of the European Commission on a particular subject to be agreed jointly by the parties.



Article 4 : Co-operation under the Social Protocol

4.1 EuroCommerce and Euro-FIET meet the three criteria established in the Communication concerning the application of the Protocol on Social Policy of December 1993. In particular, they consist of organisations which are themselves an integral and recognised part of Member States‘ social partner structures, with the capacity to negotiate agreements. Therefore, EuroCommerce and Euro-FIET are able, if necessary, to obtain a mandate from their constituents to negotiate such agreements.

4.2 Taking into account that commerce and distribution will continue to be a major provider of employment and with a view to ensuring that issues of particular importance for commerce be given full and satisfactory consideration, EuroCommerce and Euro-FIET request that they be consulted on social policy matters and be given the possibility of making use of the procedure set out in articles 3 and 4 of the Agreement on Social Policy.

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The present agreement is addressed to the European Commission.