L 225/16 Official Journal of the European Communities 12.8.98 COUNCIL DIRECTIVE 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parlia- ment ('), Having regard to the opinion of the Economic and Social Committee (%), (1) Whereas for reasons of clarity and rationality Council Directive 75/129/EEC of 17 February 1975 on the approximation of the laws of the Member States relating to collective redundan- cies (°) should be consolidated; (2) Whereas it is important that greater protection should be afforded to workers in the event of collective redundancies while taking into account the need for balanced economic and social devel- opment within the Community; (3) Whereas, despite increasing convergence, differ- ences still remain between the provisions in force in the Member States concerning the practical arrangements and procedures for such redundan- cies and the measures designed to alleviate the consequences of redundancy for workers; (4) Whereas these differences can have a direct effect on the functioning of the internal market; (5) Whereas the Council resolution of 21 January 1974 concerning a social action programme () made provision for a directive on the approximation of Member States’ legislation on collective redundan- cies; (6) Whereas the Community Charter of the funda- mental social rights of workers, adopted at the European Council meeting held in Strasbourg on 9 December 1989 by the Heads of State or Govern- ment of 11 Member States, states, inter alia, in point 7, first paragraph, first sentence, and second paragraph; in point 17, first paragraph; and in point 18, third indent: 1 () OJ C 210, 6. 7. 1998. () O] C 158, 26. 5. 1997, p. 11. () OJ L 48, 22. 2. 1975, p. 29. Directive as amended by Dir- ective 92/S6/EEC (O] L 245, 26. 8. 1992, p. 3). () OJ C 13, 12. 2. 1974, p. 1. ) ®) (10) 7. The completion of the internal market must lead to an improvement in the living and working conditions of workers in the Euro- pean Community (...). The improvement must cover, where neces- sary, the development of certain aspects of employment regulations such as procedures for collective redundancies and those regarding bankruptcies. ¢.) 17. Information, consultation and participation for workers must be developed along appropriate lines, taking account of the practices in force in the various Member States. ¢.) 18. Such information, consultation and participa- tion must be implemented in due time, partic- ularly in the following cases: —-) —-) — in cases of collective redundancy pro- cedures; —..); Whereas this approximation must therefore be promoted while the improvement is being main- tained within the meaning of Article 117 of the Treaty; Whereas, in order to calculate the number of redundancies provided for in the definition of collective redundancies within the meaning of this Directive, other forms of termination of employ- ment contracts on the initiative of the employer should be equated to redundancies, provided that there are at least five redundancies; Whereas it should be stipulated that this Directive applies in principle also to collective redundancies resulting where the establishment’s activities are terminated as a result of a judicial decision; Whereas the Member States should be given the option of stipulating that workers’ representatives may call on experts on grounds of the technical