WRITTEN QUESTION E-1831/96 by Roberto Mezzaroma (UPE) to the Commission (5 July 1996)

Subject: Public and private construction sectors

Can the Commission list all current EU legislation in force, being drafted and/or adopted, in connection with the public and private construction sectors and infrastructure projects?

Can it provide for each piece of legislation the reference and/or date of publication and a brief statement of its content?

Answer given by Mr Bangemann on behalf of the Commission (5 September 1996)

Four main areas of the public and private construction sectors are covered by European Union legislation: the industrial aspects of construction products, the social aspects dealt with in the Directive at temporary or mobile construction sites, the environmental impact of infrastructure work and finally the conditions for awarding contracts covered by the public procurement Directives. With regard to the free provision of services, on 3 June 1996 the Council adopted a common position on the proposal for a Directive on the transfer of workers.

The public procurement sector is covered by a series of six Directives on public supply, public works and public services, sectors not otherwise covered, and the means of appeal. ((Directive 89/665/EEC of 21 December 1989, OJ L 395, 30/12/89. Directive 92/13/EEC of 25 February 1992, OJ L 076, 23/03/92. Directive 92/50/EEC of 18 June 1992, OJ L 209, 24/07/92. Directive 93/36/EEC of 14 June 1993, OJ L 199, 09/08/93. Directive 93/37/EEC of 14 June 1993, OJ L 199, 09/08/93. Directive 93/38/EEC of 14 June 1993, OJ L 199, 09/08/93. ))

With regard to impact on the environment, in March 1994 the Commission proposed a Directive amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment. ((Directive 85/337/EEC of 27 June 1985 OJ L 175, 05/07/85; COM (95)720 final, OJ C 81, 19/03/96. )) This proposal was given its first reading in Parliament in October 1995. The Council adopted a common position on 25 June 1996. The second reading in Parliament should be during the October 1996 session. The proposal will improve the procedure established in the basic directive with regard to the evaluation of the projects described in Annex II and the transboundary consultation procedure to be used if a project proposed by a Member State has a significant effect on the environment of another Member State.

The field of construction products is covered by Directive 89/106/EEC, ((Directive 89/106/EEC of 21 December 1988, OJ L 040, 11/02/89. Directive 93/68/EEC of 22 July 1993, OJ L 220, 30/08/93. Communication 94/C62/01, OJ C 62, 28/02/94; Interpretative documents. OJ C 206, 26/07/94 and OJ C 211, 15/08/95; Bodies competent to issue European technical approval. OJ L 241, 16/09/94 Decision 94/611/EC. OJ L 129, 14/06/95 Decision 95/204/EC. OJ L 268, 10/11/95 Decision 95/467/EC. )) a 'new approach' Directive aiming to remove technical barriers to trade and promote the free movement and use of construction products.

This Directive is being implemented gradually by the adoption of the necessary measures: interpretive documents, standardization mandates, choice of conformity certification procedures and adoption of harmonized standards. In order to apply and implement these decisions, the Commission is assisted by a Standing Committee on Construction set up by the Council to act both as an advisory (Article 20(1) of the Directive) and a regulatory body (Article 20(2)).

Safety and health requirements at temporary or mobile construction sites are covered by Directive 92/57/EEC (eighth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). ((Directive 89/391/EEC of 12 June 1989, OJ L 183, 29/06/89. Directive 92/57/EEC of 24 June 1992, OJ L 245, 26/08/92. )) This encourages the improvement of working conditions in this area of activity in which workers are exposed to particularly high risks. Health and safety measures must be taken into account during the design and preparation stages of the project.

The Directive also aims to reduce risks by establishing a chain of responsibility between all the parties concerned. No amendment of this eighth Directive is planned at present.

Finally, with regard to the transfer of workers, the Council common position directly concerns the construction sector which is experiencing an increase in the transnational movement of workers. The text aims to facilitate the free provision of services and lays down the principle that any enterprise providing services on the territory of a Member State and transferring workers for this purpose must respect a hard core of essential minimum labour regulations in force in that Member State. The text is currently before Parliament in the context of the co-decision procedure for the adoption of the Directive.