WRITTEN QUESTION E-0672/00 by Mauro Nobilia (UEN) to the Commission. Protection from asbestos for workers in the air and sea transport sectors.
Date: 2000-03-09
Institutions: European Parliament, Provisional data
Subjects: Italy, asbestos, carcinogenic substance, crew, health risk, national implementing measure, occupational health

21.11.2000

EN

Official Journal of the European Communities

C 330 E/201

The Commission is perfectly well aware that mopeds are treated differently in Spain according as they have
two, three or even four wheels. Where VAT is concerned, two and three-wheel mopeds with a capacity of
less than 50 cubic centimetres (cc) are taxed at a reduced rate, otherwise the standard rate is applied. Since
mopeds do not figure among those goods which may benefit from a reduced rate listed in Annex H of the
Council(cid:146)s Sixth Directive 77/388/CEE, of 17 May 1977 concerning the harmonisation of Member States(cid:146)
laws on turnover taxes (cid:129) Common system of value added tax: uniform basis of assessment (1) (cid:129) the
Commission will consider whether it might be useful to initiate proceedings on this matter in the context
of article 226 (formerly article 169) of the EC treaty. The special tax imposed by Spain on certain means
of transport is collected whenever a vehicle, whether new or secondhand, is definitively registered for the
first time in Spain. Certain categories of vehicle, among them two and three-wheel mopeds with a capacity
of no more than 250 cc, are exempted from this rule. The registration of light quadricycles is, however,
subject to the tax. Since the tax is not itself subject to harmonisation at the European level, Spain is free to
choose the categories of vehicle to which it applies.

(1) OJ L 145, 13.6.1977.

(2000/C 330 E/232)

WRITTEN QUESTION E-0672/00

by Mauro Nobilia (UEN) to the Commission

(9 March 2000)

Subject: Protection from asbestos for workers in the air and sea transport sectors

In 1990 the Council adopted Directive 90/394/EEC (1) on the protection of workers from the risks related
to exposure to carcinogens at work, implementing the framework Council Directive 89/391/EEC (2) on the
introduction of measures to encourage improvements in the safety and health of workers at work and
applying to all sectors of public and private activity.

In Italy, Article 2 of law 277/91, which was adopted in application of Directives 80/1107/EEC (3), 82/605/
EEC (4), 83/477/EEC (5), 86/188/EEC (6) and 88/642/EEC (7) on the protection of workers from the risks
related to exposure to chemical, physical and biological agents at work, excluded from its scope workers in
the air and sea transport sectors on the grounds that they would be protected by ad hoc national
legislation to be introduced at a later date.

However, the Italian Government has not yet adopted specific legislation on the protection of workers in
the air and sea transport sectors from exposure to carcinogens.

Will the Commission therefore establish whether the above information is correct?

it examine whether Article 2 of Italian law 277/91, excluding certain categories of worker and
Will
thereby depriving them of the appropriate protection, is contrary to Community legislation in force on the
protection of workers?

If necessary, will it call on the Italian Government to transpose Community directives 90/394/EEC and
89/391/EEC, which are designed to protect all workers, including those in the air and sea transport sectors,
from the risks related to exposure to carcinogens at work?

(1) OJ L 196, 26.7.1990, p. 1.
(2) OJ L 183, 29.6.1989, p. 1.
(3) OJ L 327, 3.12.1980, p. 8.
(4) OJ L 247, 23.8.1982, p. 12.
(5) OJ L 263, 24.9.1983, p. 25.
(6) OJ L 137, 24.5.1986, p. 28.
(7) OJ L 356, 24.12.1988, p. 74.

C 330 E/202

Official Journal of the European Communities

EN

21.11.2000

Answer given by Mrs Diamantopoulou on behalf of the Commission

(19 April 2000)

The Commission does not fully agree with the views expressed by the Honourable Member for the
following reasons.

Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to
exposure to carcinogens at work, being an individual directive pursuant to framework 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, applies to all sectors of activity, whether public or private, with very
specific exceptions in certain public service activities. The air and sea transport sectors are covered by
Directive 90/394/EEC.

Taking into consideration the adoption of Commission Directive 91/632/EEC of 28 October 1991 (1)
adapting to technical progress for the fifteenth time Council Directive 67/548/EEC on the approximation
of the laws, regulations and administrative provisions relating to the classification, packaging and labelling
of dangerous substances (2), all forms of asbestos have been classified as carcinogens at Community level
and consequently are covered by the scope of Directive 90/394/EEC.

The exclusion of certain categories of workers from the scope of Law 277/91 is in accordance with the
provisions of Directives 80/1107/EEC, 82/605/EEC, 83/477/EEC, 86/188/EEC and 88/642/EEC.

This does not mean, however, that workers in the air and sea transport sectors are deprived of protection
from exposure to carcinogens. They are covered by the legislation which transposes Directive 90/394/EEC
into Italian law.

The Commission would like to point out to the Honourable Member that Directives 90/394/EEC and
89/391/EEC were transposed into Italian law by Legislative Decree No 626 of 19 September 1994 and that
this decree(cid:146)s scope does not exclude workers in the air and sea transport sectors.

(1) OJ L 338, 10.12.1991.
(2) OJ 196, 16.8.1967; OJ L 327, 3.12.1980; OJ L 247, 23.8.1982; OJ L 263, 24.9.1983; OJ L 137, 24.5.1986;

OJ L 356, 24.12.1988.

(2000/C 330 E/233)

WRITTEN QUESTION P-0675/00

by JosØ PomØs Ruiz (PPE-DE) to the Commission

(29 February 2000)

Subject: The length of time ECHO has had no Director

It has been obvious that a new Director of ECHO would need to be appointed ever since it was announced
that Mr Alberto Navarro was to join Mr Javier Solana(cid:146)s private office. Why has the new Commissioner,
Mr Nielson, taken so long to suggest an appointee, and why is it that the appointed candidate has not yet
taken up his duties?

Answer given by Mr Nielson on behalf of the Commission

(21 March 2000)

Mr Alberto Navarro, former Director of the European Community Humanitarian Office (ECHO), was
invited to take up his new duties as head of Mr Solana(cid:146)s private office on 1 October 1999.

In accordance with the relevant administrative procedures, Mr Sabato Della Monica was made acting
director of ECHO with effect from 1 October 1999 until such time as a permanent appointment was
made.