WRITTEN QUESTION E-2518/99 by Gianfranco Dell'Alba (TDI) to the Commission. Use of laser instruments in the city of Modena.
Date: 1999-12-22
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, civil defence, competence of the Member States, laser weapon, occupational health

C 303 E/74

Official Journal of the European Communities

EN

24.10.2000

(2000/C 303 E/064)

WRITTEN QUESTION E-2518/99

by Gianfranco Dell(cid:146)Alba (TDI) to the Commission

(22 December 1999)

Subject: Use of laser instruments in the city of Modena

For many years laser guns (recently renamed (cid:145)laser instruments(cid:146)) have been used in the city centre of
Modena to scare away starlings, pigeons and other birds.

Despite the protests and initiatives aimed at stopping this practice by numerous individuals and associa-
tions, including efforts at European level, the guns continue to be used.

In addition, the Italian authorities declared in May 1997 (Ministry of the Interior) and December 1997
(Ministry of Health) that the use of these instruments was dangerous under the terms of European standard
CEI EN 60825.

This standard, which governs the manufacture and use of
application, namely:

lasers, provides for only three fields of

(cid:129) industry;

(cid:129) telecommunications;

(cid:129) medicine.

Thus excluding the use made by the city of Modena and probably by other cities, particularly as the laser
instruments used in Modena are equipped with a manually adjustable optical system not mentioned in the
instruction manual provided by the manufacturer, the French company Desman.

Bearing in mind the answers given on behalf of the Commission by Mrs Bjerregard on 28 January 1997
(E-3175/96) (1) and 16 December 1997 (E-3800/97) (2)
to two written questions on the subject by
Mr Tamino, will the Commission say whether it has requested and obtained from the Italian authorities
the additional information concerning the safety of the inhabitants of Modena and of the staff required to
operate equipment such as laser instruments which they are required to provide pursuant to Article 9 of
Council Directive 79/409/EEC (3)?

As this practice is continuing, does it not consider it necessary and urgent to carry out on-the-spot
inspections and, if appropriate, to issue a formal notice to the Italian authorities requiring them to comply
fully with Community rules on the matter?

(1) OJ C 186, 18.6.1997, p. 41.
(2) OJ C 187, 16.6.1998, p. 59.
(3) OJ L 103, 25.4.1979, p. 1.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(23 February 2000)

As far as protecting the health and safety of workers handling equipment such as laser instruments is
concerned, the Commission invites the Honourable Member to refer to the answers given to Written
Questions E-3175/96 and E-3800/97 from Mr Tamino. Indeed, the Italian authorities are responsible for
ensuring that the national provisions transposing the (cid:145)health and safety at work(cid:146) Directives are checked and
monitored in an adequate manner. The matter should thus be laid before those authorities by those
involved.

The Italian authorities have informed the Commission,
in connection with Article 9 of Council
Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, that the actions undertaken has
caused no major disruption of the population of wild birds at issue. That action was taken after the end of
the breeding season, and no birds have been either injured or killed. Since no significant disruption has
been caused, Article 9 of Directive 79/409/EEC does not apply in this case.

The Commission feels that the information received with regard to said Directive has been quite adequate
and has thus brought the matter to a close.

24.10.2000

EN

Official Journal of the European Communities

C 303 E/75

A letter adding to the information given in the answer to Written Question E-3800/97 was sent to
Mr Tamino in the spring of 1998.

(2000/C 303 E/065)

WRITTEN QUESTION E-2519/99

by Roberta Angelilli (UEN) to the Commission

(22 December 1999)

Subject: Bankruptcy of the IMEG company (Lucca)

The IMEG company (marble and granite industry) is one of the world(cid:146)s largest companies in the sector of
marble excavation and processing. The firm holds a concession for quarries covering 60 % of the territory
of Apuo-Versiliese and employs 180 workers in the districts of Carrara, Manciano and Massarosa.

On 2 April 1999 the company was declared bankrupt and the workers made redundant. No bids were
received at the two auctions designed to sell the industrial complex as a single unit and on 30 November
1999 the company will be auctioned off as two separate lots.

1. Will the Commission say whether there are any Community rules to protect the unity of an
industrial production cycle, with particular reference to the need to ensure that jobs are maintained?

2.

Are there any financial instruments to assist the development and conversion of industrial concerns?

Answer given by Mr Barnier on behalf of the Commission

(16 February 2000)

Three directives might apply to the situation described in the question. Directive 77/187/EEC of
1.
14 February 1977 amended by Directive 98/50/EC of 29 June 1998 on the approximation of the laws of
the Member States relating to the safeguarding of employees(cid:146) rights in the event of transfers of under-
takings, businesses or parts of businesses (1) provides for the protection of employees in the event of a
change of employer, in particular by ensuring that their rights are safeguarded.

Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to
collective redundancies (2) aims at protecting employees in the case of collective dismissal by providing that
workers(cid:146) representatives have to be informed and consulted before a decision on the dismissals is taken
and that the authorities have to be informed about those planned dismissals. The overall purpose is to
avoid collective dismissals.

Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating
to the protection of employees in the event of the insolvency of their employer (3) guarantees payment of
outstanding claims to employees in the event of the insolvency of their employer.

2.
The Structural Funds can part-finance industrial conversion projects as mentioned by the Honourable
Member provided they are located in eligible zones, and also training of unemployed workers to help them
re-enter the labour market. For Objective 2 embracing such aid the Commission awaits a revised proposal
from the Italian authorities under the regulatory provisions (4) in force for the 2000-2006 programming
period.

(1) OJ L 201, 17.7.1998.
(2) OJ L 225, 12.8.1998.
(3) OJ L 283, 28.10.1980.
(4) OJ L 161, 26.6.1999.