WRITTEN QUESTION E-3006/02

by Hiltrud Breyer (Verts/ALE) to the Commission

(23 October 2002)

Subject: Complaint 2002/427 concerning pollution at a school infringement of Directive 89/391/EEC and the Convention on the Rights of the Child

Schoolchildren at the Nideggen Schulzentrum are at daily risk from harmful emissions in the building. In spite of extensive action taken by the parents' association (proof of the contamination, involvement of public authorities and ministries), the relevant bodies are taking no steps whatsoever to eliminate the source of danger.

1. How does the Commission view the fact that Article 3a of Directive 89/391/EEC(1) covers contamination in the workplace, but does not apply to schoolchildren?

2. Are children not in a worse position than adults with regard to their rights, especially considering that their organs are much less able than adult organs to tolerate pollutants?

3. How does the Commission view this situation in the light of the Convention on the Rights of the Child?

4. How does the Commission view the fact that, through the offensive odour alone, the children are being hindered in their learning and therefore denied equal opportunities with pupils at other schools?

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

Answer given by Mrs Diamantopoulou on behalf of the Commission

(6 December 2002)

The Commission is very sensitive to the need to invest in the future, well-being and education of our children. However, problems concerning the health and safety of schoolchildren do not come under its jurisdiction, but are a matter for the Member States.

As mentioned by the Honourable Member, existing Community legislation on health and safety at work applies only to workers and not to schoolchildren. Problems relating to the health and safety of schoolchildren are not a matter for the Community, but must be addressed at national level. However, in the case of the Nideggen school complex, in addition to the Honourable Member's complaint, a connected complaint has been made by a teacher. As the teacher is a worker, the Commission has contacted the German authorities in order to check that Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work is being applied correctly.

The Commission would also like to draw attention to its successful court case (C-5/00), the purpose of which was to ensure that German legislation was brought in line with the provisions of the above-mentioned Directive; this testifies to the Commission's concern to ensure correct application of Community legislation in the Member States.

The Commission is fully aware of the importance of the subject of the environment and children's health and is committed to making it one of the main points of its political agenda.

The Commission is due to prepare a communication on environment and health, in which special attention will be devoted to vulnerable groups, including children. The need to give more consideration to children in the process of decision making and policy development is clear, and the communication will present a suitable action plan on the quality of the ambient air, particularly where children are concerned.

This communication will be published in 2003.