In Short:

At the Employment Council in Luxembourg on 2 June 2005, a group of member states led by the UK refused to accept Commission proposals that the controversial opt-out clause should end by 2012.

Brief News:

No agreement was reached at the Council and no vote taken on the proposals to revise the working time directive. The proposal put to ministers was already an attempt at a compromise on the opt-out clause. On 11 May, the European Parliament had voted to scrap the opt-out all together, while the UK, Poland and other Eastern European states were determined to retain it.

The Commission’s proposed middle way involved the continuation of the opt-out for three years after implementation of the directive, ie until 2012. Member states could then request extension at the discretion of the Commission "for reasons relating to their labour market arrangements". The Commission hoped to further placate industries with high seasonal demand by extending the period over which average working hours are calculated from 4 months to one year, thus allowing for extra hours in very busy periods.

This, however, was still not acceptable to the UK, which regards the opt-out as crucial to economic competitiveness. Current legislation will remain in place and the matter is likely to carry on into 2006.