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The Real Straight Banana[/size]
Filed under: globalisation health & safety
A coup against social Europe has been foiled – for the time being
By George Monbiot. Published in the Guardian 8th March 2005
There is a group of men and women which seeks to make life as difficult as possible for the progressives who support the European Union. They are members not of the UK Independence Party or the French National Front, but of the European Commission. Whenever we try to persuade our countrymen that the EU helps to raise our quality of life, defend human rights, protect the environment and ward off the market fundamentalism of the United States, they find some means of proving us wrong......
.....The gremlin inhabits a few lines of text in the middle of the treaty, concerning something called “
the country of origin principle”. Companies, it says, “are subject only to the national provisions of their Member State of origin.”(2) Roughly translated, this means that a company based in one European country but working in another is bound only by the rules of the country in which it is based. If a construction firm whose offices are in Lithuania, for example, has a contract in the United Kingdom, it need abide only by Lithuanian law while working over here.
The obvious result is that every enterprising corporation in Europe will relocate its headquarters to the place in which the laws are weakest.
And then it gets really weird. The state responsible for enforcing the rules – health and safety laws for example – will be the one in which the company is based, not the one in which it is working.(3) If, for example, a Lithuanian construction company is forcing workers in the UK to use dodgy scaffolding, our own Health and Safety Executive won’t be able to do a damn thing about it.
Instead, the Lithuanian equivalent must send its inspectors over here, and, without local knowledge, hampered by any number of translation problems, seek to defend the lives of British workers.
Given the way such markets work, the company they are monitoring will, more likely than not,
be a British one flying a Lithuanian flag of convenience. But if that company is threatening your safety on a building site in Brixton, you will be able to seek protection only by protesting to the authorities in Vilnius.
It’s a formula, in other words, for a complete breakdown of the effective enforcement of the laws restraining corporations. The directive would, in the name of “bringing down barriers”, raise such barriers for anyone trying to defend their rights that effective public complaint would become all but impossible. This, of course, is the point........
..........At first sight the country of origin principle looks odd. The purpose of the internal market reforms was surely to engineer a single set of standards across the whole European Union. This rule, in theory, could lead to 25 different sets of standards being applied in the same country. But when you read the briefings produced by the corporate lobbyists in Brussels, you realise that it will indeed harmonise standards – at the lowest levels to be found anywhere in the European Union.(5)
Once corporations have moved their nominal addresses to the countries with the weakest rules (just as ship owners register their vessels in Panama or Liberia), the countries with stricter laws will discover that to stay in the market they must drag their own standards down to match the weakest ones.....