European Update - No deal on the WTD

Member States were unable to agree changes to the European Working Time Directive at the European Council of Employment Ministers on 1 June. The negotiations collapsed after a marathonsession, largely due to 11 Member States (led by Spain, Italy andFrance) insisting on a reference to phasing out the opt-out in areview clause.This proposal to phase out the opt-out was blocked but thestalemate meant that no agreement could be reached across theWTD dossier, including the SiMAP/Jaeger proposals where there hasbeen consensus amongst Member States for several months.The WTD negotiations will pass to the Finnish Presidency. There are no guarantees that a deal will be reached and it is virtually certainthat any amendments to the Directive could not be implemented inMember States by August 2009 (because any agreement would alsohave to be passed by the European Parliament as part of the verylengthy co-decision process).The NHS should plan for implementing the 48 hour week fordoctors in training based on current WTD interpretations.