EN Official Journal of the European Union CE 65/123

(2004/C 65 E/136)

WRITTEN QUESTION P-2272/03

by Pedro Marset Campos (GUE/NGL) to the Council

(7 July 2003)

Subject: Situation of workers at the Sintel company (Spain)

Although it is now almost two years since they accepted the government's offer and conditions (agreement of 3 August 2001) designed to facilitate the introduction of a package of measures to resolve the crisis at Sintel with the involvement of all the parties concerned, the workers at the bankrupt Sintel company remain as defenceless now as they were when the crisis first arose.

The workers' legal representatives have still not been invited to meet with receivers, the government or the Telefónica telecommunications company, as a party involved in the bankruptcy procedure, given that the workers are the main creditors. Without the participation of the workers it is difficult to see how the agreement can be implemented.

It has been two years since bankruptcy was declared (by order of 28 May 2001) and yet no meeting of creditors has as yet been called to appoint official receivers, thereby making it impossible for the workers to exercise their rights as creditors. Many aspects of the agreement have not been complied with and the workers' rights have not been upheld.

1. Is the Council aware of this situation?

2. Does it not believe that the Spanish Government ought to ensure compliance with the agreement reached with the workers at Sintel?

3. Will it say what action the EU is taking with regard to the Sintel case and the apparent failure on the part of the Spanish Government to honour the agreement?

Reply

(17 November 2003)

The Council is aware of the fact that the implementation of the rescue package in respect of the failed telecommunications company Sintel is a particularly sensitive subject in Spain.

Community legislation adopted in recent years demonstrates that the information and consultation of employees and their representatives is an important issue for the Council.

Provisions on employee information and consultation are contained in Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (1), Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (2) and Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (3). Another key instrument in this context is Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (4), which the Member States should implement no later than 23 March 2005.

However, the Commission is responsible for monitoring and, where appropriate, enforcing the application of the relevant directives by the Member States. The Council is consequently not in a position to comment on this specific case.

(1) OJ L 254, 30.9.1994, p. 64.

(2) OJ L 225, 12.8.1998, p. 16.

(3) OJ L 82, 22.3.2001, p. 16.

(4) OJ L 80, 23.3.2002, p. 29.