WRITTEN QUESTION E-3608/01

by Ilda Figueiredo (GUE/NGL) to the Commission

(8 January 2002)

Subject: Community funds and protection of workers' health

The Delphi SA electronic components (cabling) company, which employs around 1000 workers and is situated in the Castelo Branco industrial area, in Portugal, has received various national and Community aids.

However, more than 40 % of its workforce is in precarious employment and there is no screening of occupational diseases nor any occupational health and safety programme to prevent disorders due to repetitive efforts, even though there are several cases of tendinitis. There is not even a health and hygiene committee involving the workers.

Would the Commission state what amount of Community funds has been granted to the Delphi SA company in Castelo Branco, and on what terms? Is the Commission aware of the difficult working conditions and the failure to comply with Council Directive 89/391/CEE(1) of 12 June 1989, which stipulates that the employer shall have a duty to ensure the safety and health of workers in every aspect related to the work? What action does it intend to take?

(1) OJ L 183, 29.6.1989, p. 1.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(21 February 2002)

In accordance with Article 8(3) of Council Regulation No 1260/1999(1) of 21 June 1999 laying down general provisions on the Structural Funds for the programming period 2000-2006, in application of the principle of subsidiarity, the implementation of assistance is the responsibility of the Member States.

The Commission is not therefore in a position to inform the Honourable Member of the amount of Community funds granted to a specific company, or on what terms. To obtain this information, the Honourable Member should contact the relevant authorities in Portugal: Instituto de Gestão do Fundo Social Europeu Rua Castilho No 5, 7o/8o 1250-066 Lisboa.

With regard to working conditions, the Commission is not aware of the situation described by the Honourable Member. Section II Employers' obligations of Council Directive 89/391/EEC(2) of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work provides that the employer shall have a duty to ensure the safety and health of workers in every aspect related to the work and that within the context of his responsibilities, the employer shall take the measures necessary for the safety and health protection of workers, including prevention of occupational risks and provision of information and training, as well as provision of the necessary organisation and means.

This Directive applies to all private and public sector activities. Several individual directives based on this Directive have been adopted for specific activities.

Member States must bring into force such laws, regulations and administrative provisions as are necessary to comply with the Directives, and once they have been transposed into national law, each Member State is responsible for ensuring that they are applied.

Portugal has informed the Commission of national measures implementing Directive 89/391/EEC. Accordingly, if a problem in applying this legislation is discovered or suspected, the relevant national inspection authorities in this field will have to be informed, in this case the Portuguese Labour Inspectorate.

(1) OJ L 161, 26.6.1999.

(2) OJ L 183, 29.6.1989.