29 May 20082nd Intal. Conference. Macedonia.1 The European Social Dialogue in private security Eduardo Cobas Urcelay Chairman Social Dialogue Committee CoESS Second International Conference Chamber of the Republic of Macedonia of Security of People and Property Contributing to global security and safety by cooperation and exchange of experience, practices and knowledge

29 May 20082nd Intal. Conference. Macedonia.2  What means social dialogue at European level?  The results of private security social dialogue  Current developments in the private security social dialogue

29 May 20082nd Intal. Conference. Macedonia.3 1. What means social dialogue at European level?  A general definition (social dialogue) Discussions, consultations, negotiations and joint actions undertaken by the social partner organisations representing the two sides of industry (management and labour). A precondition:A precondition: mutual recognition and representativeness of social partners mutual recognition and representativeness of social partners

29 May 20082nd Intal. Conference. Macedonia.4 A relatively recent process at European level 1985: “Val Duchese” process 1985: “Val Duchese” process 1992: Maastricht Treaty: social protocol on social policy annexed to the Treaty 1992: Maastricht Treaty: social protocol on social policy annexed to the Treaty 1997: Treaty of Amsterdam: Articles 138 and : Treaty of Amsterdam: Articles 138 and : Treaty of Nice: no changes 2000: Treaty of Nice: no changes 2007: Treaty of Lisbon: role European Parliament 2007: Treaty of Lisbon: role European Parliament

29 May 20082nd Intal. Conference. Macedonia.5 Article The Commission shall have the task of promoting the consultation of management and labour at Community level and shall take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties 2. To this end, before submitting proposals in the social policy field, the Commission shall consult management and labour on the possible direction of Community action. 3. If, after such consultation, the Commission considers Community action advisable, it shall consult management and labour on the content of the envisaged proposal. Management and labour shall forward to the Commission an opinion or, where appropriate, a recommendation. 4. On the occasion of such consultation, management and labour may inform the Commission of their wish to initiate the process provided for in Article 139. The duration of the procedure shall not exceed nine months, unless the management and labour concerned and the Commission decide jointly to extend it.

29 May 20082nd Intal. Conference. Macedonia.6 Article 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 parties, by a Council decision on a proposal from the Commission. 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 that case, it shall act unanimously.

29 May 20082nd Intal. Conference. Macedonia.7  Different levels of social dialogue: Cross-industry organisations Cross-industry organisations Sectoral organisations Sectoral organisations 35 sectors: including private security35 sectors: including private security

29 May 20082nd Intal. Conference. Macedonia.8 Outcome of social dialogue at European level  Agreements (139.2): minimum standards Framework agreements Framework agreements Autonomous agreements Autonomous agreements  Process-oriented texts Frameworks of actions Frameworks of actions Guidelines and Codes of conduct Guidelines and Codes of conduct Policy orientations Policy orientations  Joint opinions and tools: exchange of information Joint opinions Joint opinions Declarations Declarations Tools Tools

29 May 20082nd Intal. Conference. Macedonia.9 Progress report European Commission. Republic of Macedonia There has been no progress in the field of social dialogue which remains very formal owing to the weaknesses of the social partners. The Economic and Social Council (ESC) met only once during 2006, when the national strategy for employment was discussed. In the first half of 2007 the ESC met three times. The composition of the members of the ESC was not completely in accordance with the labour law provisions, since the representativeness criteria of the trade union representatives have still to be clarified. The public sector collective agreement remained unsigned. The main reason is the confusion surrounding the eligibility of the trade union representatives in the ESC. This has also a very negative impact on bipartite social dialogue. The definition of representativeness criteria therefore currently hinders the development of social dialogue structures.

29 May 20082nd Intal. Conference. Macedonia Outcome of social dialogue in the private security sector  General documents: formal issues  General documents: basic principles  Regulatory issues  Training  Organisation of work  Market conditions  Health and safety  Enlargement

29 May 20082nd Intal. Conference. Macedonia.11 General documents: formal issues  1998: Creation of a Social Dialogue Committee  1999: Joint declaration in the mutual recognition of CoESS and Euro-FIET and the social dialogue

29 May 20082nd Intal. Conference. Macedonia.12 General: basic principles  Results achieved in the private security social dialogue (2002)  Code of Conduct and Ethics (2003) - ensuring the development of standards of conduct and ethics, the purpose of which is to benefit consumers, employees, clients and society in general - guaranteeing the minimum necessary degree of professionalism and quality  European model of private security (2004) - To stress the importance of the European Model of Private Security

29 May 20082nd Intal. Conference. Macedonia.13 Regulatory issues Joint Opinion on Regulation and licensing (1996) - role of legislation / professionalism Joint Declaration on European Harmonisation of Legislation (2001) - call on necessary measures Position on the Directive on Services (2004) - wording of the proposal

29 May 20082nd Intal. Conference. Macedonia.14 Training  Joint text on Vocational training (1996)  Basic manual on vocational training (1999)  European Educational toolkit for three Security Activities/Profiles (2006)

29 May 20082nd Intal. Conference. Macedonia.15 Organisation of work  Joint declaration on Basic principles on organisation of work (2000)  SPOT I – report (2003)

29 May 20082nd Intal. Conference. Macedonia.16 Market conditions  Memorandum Award of contracts: best value (1999) – manual  Joint position against undeclared work (2006)

29 May 20082nd Intal. Conference. Macedonia.17 Health and safety  Training manual: health and safety issues (2004)

29 May 20082nd Intal. Conference. Macedonia.18 Enlargement  Joint declaration on Basic principles in an enlarged Europe (1999)  Appeal to National Administrations in Baltic States (2006)

29 May 20082nd Intal. Conference. Macedonia Current activities Working Programme  Joint approach to new developments in the sector  Transfer of Funds: cash in transit  Setting up a framework on modernisation of Work Organisation  Health and Safety issues  Training issues  Gender equality  Focusing on the new priorities for the sector  Implementation of the social dialogue results  Activities at national level: enlargement issues

29 May 20082nd Intal. Conference. Macedonia.20  Joint approach to new developments: V European Conference: October- implementation V European Conference: October- implementation Update of the study of the sector Update of the study of the sector Regulatory issues: Regulatory issues: Follow up harmonisationFollow up harmonisation Increasing coordination neededIncreasing coordination needed  Transfer of Funds: Subgroup created Subgroup created Impact of new technologiesImpact of new technologies Attacks and health and safetyAttacks and health and safety Cash substitution and SEPACash substitution and SEPA

29 May 20082nd Intal. Conference. Macedonia.21  Setting up a framework of work organisation: MOWO project under way MOWO project under way  Health and safety: Stress Stress Violence at work conference Violence at work conference  Training: Dissemination of manuals Dissemination of manuals  Gender equality: Possibility of joint statement to be analysed Possibility of joint statement to be analysed

29 May 20082nd Intal. Conference. Macedonia.22  Focusing on new priorities for the sector Flexicurity Flexicurity Conciliation of professional, private and family life Conciliation of professional, private and family life  Implementation of the social dialogue results Conference Conference Synergies: another sectors / European Working Councils Synergies: another sectors / European Working Councils  Activities at national level: enlargement issues TAIEX activities ? TAIEX activities ? Best Value conferences Best Value conferences