WRITTEN QUESTION E-1315/00 by Cristiana Muscardini (UEN) and Gianfranco Fini (UEN) to the Commission. Implementation of Directive 86/653/EEC in Italy.
Date: 2000-04-27
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, Italy, occupational status, sales occupation, sales representative, self-employed person, severance pay, wage earner

C 46 E/170

Official Journal of the European Communities

EN

13.2.2001

(2001/C 46 E/197)

WRITTEN QUESTION E-1315/00

by Cristiana Muscardini (UEN) and Gianfranco Fini (UEN) to the Commission

Subject: Implementation of Directive 86/653/EEC in Italy

(27 April 2000)

A company has awarded a severance payment to an employee (sales representative) pursuant to an
economic agreement of 25 July 1989 rather than Legislative Decree No 303 of 10 September 1991, based
on Directive 86/653/EEC (1) on the coordination of the laws of the Member States relating to self-employed
commercial agents, in accordance with Article 15 of Law No 428 of 29 December 1990.

The company(cid:146)s decision considerably reduces the amount of the severance payment. The application of LD
No 303, on the other hand, which is based on the European directive, would work to the advantage of the
worker who, quite rightly, is invoking it, so far without success.

Can the Commission therefore state:

(cid:129) whether the European directive should take priority over the 1989 economic agreement?

(cid:129) whether European legislation takes precedence over national legislation?

(cid:129) if so, what action can the worker take to exercise his rights as recognised by the directive?

(1) OJ L 382, 31.12.1986, p. 17.

Answer by Mr Bolkestein on behalf of the Commission

(15 June 2000)

The meaning of commercial agent, for the purposes of Council Directive 86/653/EE on the coordination
of the laws of the Member States relating to self-employed commercial agents, is defined in Article 1 (2) of
the directive as (cid:145)a self-employed intermediary who has continuing authority to negotiate the sale or the
purchase of goods on behalf of another person, hereinafter called the (cid:147)principal(cid:148), or to negotiate and
conclude such transactions on behalf of and in the name of that principal(cid:146).

The definition of commercial agent as given in the directive excludes certain types of commercial
intermediary, especially sales representatives, who do not work as self-employed intermediaries but as
paid employees of an enterprise.

(2001/C 46 E/198)

WRITTEN QUESTION P-1324/00

by Astrid Thors (ELDR) to the Commission

(17 April 2000)

Subject: Psychological support in the event of major accidents and natural disasters

Several serious accidents and natural disasters have occurred in Europe in recent years (cid:129) earthquakes,
avalanches, landslides, floods, train accidents, accidents at sea, mining disasters, etc. Apart from causing
countless deaths and physical injuries, these disasters have also inflicted mental suffering and trauma on a
great many people.

There is a crucial need for psychological support for individuals who have experienced traumatic events.
Psychological support during the first few days significantly improves the chances of recovery.