WRITTEN QUESTION No. 3681/97 by Thomas MEGAHY to the Commission. Enforcement of EU health and safety legislation in Member States
Date: 1997-11-19
Institutions: European Parliament, MEGAHY
Subjects: EU Member State, EU control, EU law, European Commission, application of EU law, health policy, infringement procedure (EU), national implementing measure, occupational health, occupational safety

C 158/176

EN

Official Journal of the European Communities

25. 5. 98

Answer given by Mr Kinnock on behalf of the Commission

(18 December 1997)

The Commission recognises the adverse effect of the blockades during the French lorry drivers(cid:146) strike on the free
movement of goods and people within the Community. The Commission intervened at an early stage on each
occasion when there was a blockade during the past year, urging the French authorities to take all necessary
measures  to  secure  the  free  movement  of  road  hauliers  and  road  passenger  traffic  as  required  under  the  EC
Treaty.  In  addition,  whilst  there  is  no  obligation  under  Community  law  for  Member  States  to  provide
compensation  for  losses  incurred  by  transport  operators  as  a  result  of  an  industrial  dispute,  in  written  and
personal  contacts  the  Commission  repeatedly  emphasised  the  need  for  the  undertakings  given  by  the  French
government to provide compensation to be promptly and adequately fulfilled by the French authorities. Unless
and until Community law is changed, obligations to provide compensation continue to be matter of national law.

The Commission takes all elements of information and circumstances into account when assessing whether a
Member State is fulfilling its Community obligations. The strength and consistency of the efforts undertaken by
the  Member  State  concerned  to  resolve  the  problems  are  significant  in  such  assessments.  No  quantitative
threshold has ever been specified under the law of the Community.

The Commission is currently reflecting on whether additional Community measures relating to the conduct and
consequences of the disruption of the freedom of movement are possible and desirable and will report in the
normal fashion in due course.

(98/C 158/236)

WRITTEN QUESTION E-3680/97

by Anita Pollack (PSE) to the Commission

(19 November 1997)

Subject: Business Tourism

In 1996 the Commission had a report on business tourism prepared by Horwath & Axe; what, in detail, have been
done to implement its recommendations?

Answer given by Mr Papoutsis on behalf of the Commission

(5 December 1997)

The Commission would refer the Honourable Member to its answer to her Written Question E-3391/97 (1).

(1)  See page 96.

(98/C 158/237)

WRITTEN QUESTION E-3681/97

by Thomas Megahy (PSE) to the Commission

(19 November 1997)

Subject: Enforcement of EU health and safety legislation in Member States

Can the Commission indicate:

1.  How many Member States have not transposed health and safety directives which should now apply?

2.  How many actions have been taken against Member States for not acceding to legislation already in force?

3. 

Is the Commission satisfied that in respect of health and safety there is a level playing field across the whole
of the European Union?