WRITTEN QUESTION E-1774/99

by Hugues Martin (PPE-DE) to the Commission

(11 October 1999)

Subject: Compliance with Community rules in the footwear sector

Footwear manufacturers have drawn my attention to conditions of competition in this industry within the EU.

These industrialists, mostly from small and medium-sized undertakings, complain about the failure of competing companies in other EU Member States to comply with Community rules.

It appears that the authorities in these Member States do not enforce rules such as those requiring machines to be brought into conformity with European standards or the prohibition on undeclared employment.

Infringement of such rules causes unacceptable distortions of competition in the European internal market within a sector which is also exposed to aggressive competition from outside the Community.

Will the Commission enlighten us on the subject and, if possible, indicate what measures it intends to take to remedy the problem?

Answer given by Mr Liikanen on behalf of the Commission

(9 December 1999)

The Commission agrees that undeclared work is an important preoccupation for the social partners in sectors such as footwear, textile and clothing. The 1999 Employment Guidelines, as adopted by the Council(1), and the Commission proposals for the year 2000(2) refer to the need to tackle the problem. This issue is also under discussion by the social partners at European level within the framework of the sectoral social dialogue on the basis of the Commission action plan concerning the competitiveness of the textile and clothing industry(3). In particular, the social dialogue committee on footwear is examining the undeclared work and health and safety issues such as machine safety.

All the Member States have sent the Commission their national measures implementing Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work(4). The conformity of these national implementing measures is currently being analysed, and infringement proceedings have already been instituted against certain Member States for failure to transpose the Directive properly. Council Directive

95/63/EC of 5 December 1995 amending Directive 89/655/EEC(5) has yet to be transposed by one Member State. Accordingly, the Commission has instituted infringement proceedings under Article 226 (formerly Article 169) of the EC Treaty. The Commission has no knowledge of cases in which the national authorities might be failing to meet their obligations in terms of monitoring the application of the national legislation transposing these Directives.

New machinery placed on the market and brought into service to produce shoes is covered by Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery(6), which sets objectives. Two draft European standards setting out the essential requirements are currently being drawn up: PrEN 12203 (Footwear, leather and imitation leather goods manufacturing machines shoe and leather presses safety requirements) and PrEN 12387 (Footwear, leather and imitation leather goods manufacturing machines modular shoe repair equipment safety requirements). Member States are required to ensure that all machinery placed on the market and brought into service meets the requirements of the abovementioned Directive. The Commission is unaware of any failures to meet this obligation.

The bringing into compliance of machinery already in service is covered by Directive 89/655/EEC, as amended by Directive 95/63/EC.

(1) COM(98) 574 final.

(2) COM(1999) 441 final.

(3) COM(97) 454 final.

(4) OJ L 393, 30.12.1989.

(5) OJ L 335, 30.12.1995.

(6) OJ L 207, 23.7.1998.