WRITTEN QUESTION E-0339/00 by Alexandros Alavanos (GUE/NGL) to the Commission. Infringement of provisions of Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers.
Date: 2000-02-14
Institutions: European Parliament, Provisional data
Subjects: infringement of EU law, occupational health, occupational safety

C 303 E/178

Official Journal of the European Communities

EN

24.10.2000

As regards compensation for the damage suffered, the Commission wishes to inform the Honourable
Member that, during the above mentioned exchanges of information, the French authorities announced
their intention to take the necessary measures to allow any requests for compensation to be lodged at a
later date, as per Article L.2216-3 of the General Code for local authorities.

In this regard, the Commission would like to draw the Honourable Member(cid:146)s attention to the fact that, in
accordance with the case law of the Court of Justice, Member States are responsible for compensating
damage suffered by economic operators as a result of infringements of Community law for which the
Member States are held to be responsible. The Commission also believes that this right to compensation
should not be limited only to material damage suffered on French territory. Such an interpretation would
call into question Member States(cid:146) fundamental responsibility for infringements of Community law, which
ensures the full effectiveness of Community legislation and the effective protection of the rights recognised
therein.

(1) Council Regulation (EC) No 2679/98 of 7 December 1998 on the functioning of the internal market in relation to

the free movement of goods among the Member States, OJ L 337, 12.12.1998.

(2000/C 303 E/200)

WRITTEN QUESTION E-0339/00

by Alexandros Alavanos (GUE/NGL) to the Commission

(14 February 2000)

Subject: Infringement of provisions of Directive 89/391/EEC on the introduction of measures to encourage

improvements in the safety and health of workers

framework Directive 89/391/EEC (1) on the introduction of measures to encourage
Article 4(2) of
improvements in the safety and health of workers states that (cid:145)Member States shall ensure adequate controls
and supervision(cid:146). In view of numerous allegations that Member States are failing to comply with the
directive and ensure that it is properly implemented, what measures will the Commission take to ensure
that Member States do in fact ensure adequate controls and supervision in accordance with the directive?
What
information does the Commission have concerning monitoring procedures and the penalties
imposed by the national authorities on companies which fail to comply with the provisions of Directive
89/391/EEC?

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

Answer given by Mrs Diamantopoulou on behalf of the Commission

(28 March 2000)

The Commission shares the Honourable Member(cid:146)s opinion in attaching particular importance to the
effective application in all Member States of the national provisions implementing 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.

In this context and in accordance with Article 4(2) of Framework Directive 89/391/EEC, any practical
breach of the national provisions implementing this directive must be brought to the attention of the
national authorities, who must organise and conduct the necessary inspections and controls to ensure
correct application of the measures.

If specific data should reach the Commission, showing that national administrations have failed in their
obligations in this respect, the Commission would take appropriate action, notably by opening infringe-
ment proceedings under Article 226 (ex Article 169) of the EC Treaty, if required by the results of the
investigation of the specific case.

With regard to figures relating to monitoring procedures and penalties imposed by the national authorities
the Commission is currently
on companies which infringe the provisions of Directive 89/391/EEC,
collecting this information from the national
the
Commission will send it directly to the Honourable Member and to the Parliament(cid:146)s Secretariat.

labour inspectorates. As soon as it

is available,