WRITTEN QUESTION E-1106/00 by Camilo Nogueira Román (Verts/ALE) to the Commission. The Spanish Government's failure to comply with Law No 31 of 8 November 1995 on the prevention of hazards at work.
Date: 2000-04-07
Institutions: European Parliament, Provisional data
Subjects: Galicia, Spain, competence of the Member States, infringement of EU law, occupational accident, penal institution

28.12.2000

EN

Official Journal of the European Communities

C 374 E/207

(2000/C 374 E/244)

WRITTEN QUESTION E-1079/00

by Francesco Turchi (UEN) to the Commission

Subject: Professional recognition of dental technicians

(7 April 2000)

In view of the professionalism required to practise as a dental technician and the fact that in many EU
Member States such technicians have already been granted professional status, can the Commission say
what steps the Italian Government has taken to recognise the profession of dental technician?

Answer given by Mr Bolkestein on behalf of the Commission

(12 May 2000)

The Commission has no information on the steps mentioned by the Honourable Member. Since the
profession of dental technician has not,
in fact, been subject to any Community harmonisation, the
Member States alone remain responsible for granting official status to, and regulating, this profession
(conditions governing training, access to and pursuit of the profession). Furthermore, Council Directives
89/48/EEC of 21 December 1988 (1) and 92/51/EEC of 18 June 1992 (2) on the general system for the
recognition of higher-education diplomas, which can be applied to recognition among Member States of
qualifications obtained by dental technicians, do not impose any obligations on the Commission to carry
out detailed studies into all the professions to which these Directives may apply. In this context, the
Commission would draw the Honourable Member(cid:146)s attention to the fact that the profession of dental
technician ((cid:145)odontotecnico(cid:146)) is already regulated in Italy, as it has been included for Italy in the list in
Annex C of Directive 92/51/EEC.

(1) OJ L 19, 24.1.1989.
(2) OJ L 209, 24.7.1992.

(2000/C 374 E/245)

WRITTEN QUESTION E-1106/00

by Camilo Nogueira RomÆn (Verts/ALE) to the Commission

(7 April 2000)

Subject: The Spanish Government(cid:146)s failure to comply with Law No 31 of 8 November 1995 on the

prevention of hazards at work

Council Directive 89/391/EEC (1) on the introduction of measures to encourage improvements in the safety
and health of workers at work was transposed by the Spanish Government
in Law No 31/95 of
8 November 1995 on the prevention of hazards at work.

One of the obligations laid down in the law is that the health committee of any firm with more than
100 employees should consist of four members appointed by the trade union and four others appointed
by the authorities. However,
in Pontevedra, Galicia, which has more than
100 employees, does not comply with this requirement, since the health committee does not have any
members appointed by the authorities, which adversely affects its efficiency. As a result the officials
appointed by the trade union complained to the Director of the prison, the Director-General for Prisons,
the Ministry for the Civil Service and the Ombudsman, without managing to obtain a solution to the
problem.

the prison of A Lama,

In view of this failure to fulfil obligations, what steps will the Commission take to ensure Spanish central
government(cid:146)s compliance with laws such as the aforementioned Directive and remedy this current form of
discrimination?

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

C 374 E/208

Official Journal of the European Communities

EN

28.12.2000

Answer given by Mrs Diamantopoulou on behalf of the Commission

(17 May 2000)

Articles 10 and 11 of 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 (1) (Framework Directive) lay down
rules on information, consultation and balanced participation of workers and/or their representatives in the
field of safety and health at work in accordance with national laws and/practices.

In accordance with Article 4 of Directive 89/391/EEC, it is the responsibility of the Member States to
ensure adequate controls and supervision of the national provisions implementing this Directive.

Consequently, any possible infringements of the national provisions implementing the Directive must be
brought to the attention of the relevant Spanish authorities, i.e. the labour and social security inspectorate,
which must organise and carry out the necessary inspections and checks to ensure proper application of
these provisions.

Should the Commission receive specific information suggesting that the Spanish authorities have failed to
monitor the application of the national provisions implementing Directive 89/391/EEC, it will take the
necessary action.

(1) OJ L 183, 29.6.1989.

(2000/C 374 E/246)

WRITTEN QUESTION E-1176/00

by Richard Corbett (PSE) to the Commission

(12 April 2000)

Subject: Nationality of key officials dealing with postal service liberalisation

Can the Commission confirm that:

(cid:129) the new director in charge of postal services in the internal market is Dutch;

(cid:129) the Commissioner(cid:146)s special adviser for postal affairs is Dutch;

(cid:129) the chef de Cabinet of the Commissioner responsible for postal services liberalisation is Dutch;

(cid:129) the responsible Commissioner is Dutch;

(cid:129) the Dutch post office is the post office in Europe that most actively supports full liberalisation?

Does the Commission agree that public perceptions of this situation could undermine the credibility of its
internal reform and in particular the (cid:145)de-flagging(cid:146) of posts and policy sectors?

Answer given by Mr Bolkestein on behalf of the Commission

(15 May 2000)

The answer to the Honourable Member(cid:146)s questions is yes. In addition to this, it is worth mentioning that
out of the team of six dealing with postal issues in the Directorate general for the internal market, two are
French, one is German, one is British, one is Portuguese and the head of unit is Spanish. Furthermore, the
deputy director general of the Directorate general for the internal market is Austrian and the director
general British. Moreover, it should be noted that the Commission is in contact with all national regulators
and with postal operators in various Member States.