WRITTEN QUESTION E-2553/98

by Jesús Cabezón Alonso (PSE) to the Commission

(1 September 1998)

Subject: Incorporation of Community social law into national law

Statements by the Commission (Mr P. Flynn) have recently emerged to the effect that EU Member States may be brought before the Court of Justice for failure to incorporate into national law the Community legislation on the protection of workers in the work environment.

It also congratulated the Spanish Government on the "great effort made over the last 18 months" in order to ensure that 100 % of Community law is reflected in its own national law.

Could the Commission say how many Community social and employment directives were incorporated into Spanish law during the 1986-1996 period?

Joint answer

to Written Questions E-2551/98 and E-2553/98 given by Mr Flynn on behalf of the Commission

(20 October 1998)

The Commission attaches the greatest possible importance to the process of transposition into national law, which is essential in order to allow every individual to benefit from Community law. Consequently, legislative developments in Member States are analysed, in particular, on the basis of annual reports on the application of Community law. The Honourable Member is referred to the "15th annual report on monitoring the application of Community law (1997)"(1), particularly page 60 and Annex IV "Report on the application of directives". The Commission is also sending directly to the Honourable Member and to the Secretariat of the European Parliament a copy of the report entitled "National transposition measures - Situation at 1 January 1998", which contains references to the measures communicated by the Member States for each of the 64 directives adopted in the social field by that date.

The Commission also assesses the conformity of such measures with the directives they are intended to transpose. It is essential to emphasise the importance of the individual reports produced periodically by the Commission on certain directives, especially in the field of labour law. These reports analyse in detail the conformity of national legislation with Community law. Depending on its findings, the Commission takes any appropriate measures, up to and including the initiating of infringement proceedings. Special importance is also attached to monitoring the proper application of measures in each Member State, for example by examining the Member States' periodic reports on the practical implementation of directives in the field of health and safety at work, complaints submitted by individuals and, of course, parliamentary questions and petitions to Parliament. However, an essential role is also played by the national courts, which are required to interpret Community law "in the light of the wording and the purpose of the directive in order to achieve the result pursued by the latter"(2).

Concerning the period referred to by the Honourable Member (1986-1996), Spain communicated national implementing measures to the Commission for only 36 out of 50 directives in the social field which had entered into force by 31 December 1996, i.e. 72 %. The Commission would like to confirm to the Honourable Member that the current rate of transposition of social directives by Spain is 100 %.

(1) OJ C 250, 10.8.1998.

(2) Judgment of 13 November 1990 in case C-106/89 (Marleasing), ECR 1990, I-4305 (paragraph 8).