WRITTEN QUESTION E-1870/00 by Cristiana Muscardini (UEN) to the Commission. Prisons and the third pillar.
Date: 2000-06-09
Institutions: European Parliament, Provisional data
Subjects: area of freedom, security and justice, competence of the Member States, criminal investigation department, legal status, living conditions, penal institution

6.3.2001

EN

Official Journal of the European Communities

C 72 E/137

What is the technical basis for the Commission(cid:146)s claim that the application to public works tunnelling
operation (non-military) of rules on protecting workers in the mining sector increases the level of
protection afforded to workers employed in tunnel building?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(28 July 2000)

The Commission would remind the Honourable Member that, already in its reply to Written Question
E-467/00 (1), it pointed out that application of the rules enshrined by Real Decreto 1389/1997, which
transposes Directive 92/104/EEC (2) on surface and underground mineral-extracting industries, to tunnel
building, irrespective of their nature, is without prejudice to the provisions transposing Directive 92/57/
EEC (3) on temporary or mobile work sites, namely Real Decreto 1627/1997.

Pursuant to Article 137(5) of the EC Treaty (ex-Article 118), Member States are authorised to maintain or
introduce more stringent protective measures than those provided for in the Community instrument.

Hence the application of certain provisions of Directive 82/104/EEC to tunnel building effectively
reinforces the minimum levels of protection established by Directive 92/57/EEC. This applies in particular
to the minimum rules set out in part A of the Annex to Directive 92/104/EEC and which concern
protection from fire hazards (point 4.4), explosives and initiating devices (point 5), means of evacuation
and escape (point 10), safety drills (point 11), first-aid facilities (point 12) and the minimum provisions
provided for in part C, which concern support and ground stability (point 6), ventilation (point 7), fires,
combustions and heatings when the use of hydraulic fluids which are difficult
to ignite for the
transmission of hydrostatic and/or hydrokinetic mechanical energy in the machinery is necessary to avoid
lighting (point 13), underground workforce accounting
the risk of fire and its spread (point 11.3),
(point 14) and rescue organisation, so as to take appropriate and rapid action in the event of any major
incident (point 15).

All these minimum rules supplement and reinforce the level of health and safety of workers involved in
tunnel building within the meaning of Directive 92/57/EEC and notably those referred to in point 10 of
Annex IV, Part B.

As regards the statistics mentioned by the Honourable Member, it should be pointed out that the total
includes (cid:129) according to the
number of workers who died in the extractive industries (1984-1999)
information provided by the Spanish authorities (4) (cid:129) victims of fatal accidents both in underground and
surface workings and in ancillary surface installations. As from 1996 the data on accidents in tunnels have
been indicated separately.

Hence, contrary to the data cited by the Honourable Member, the statistics provided by the Spanish
authorities show that, for the 1996-1999 period alone, nine fatal accidents and four serious accidents
occurred in tunnel building work.

(1) OJ C 330 E, 21.11.2000, p. 167.
(2) OJ L 404, 31.12.1992.
(3) OJ L 245, 26.8.1992.
(4)

Informe de Actividad de la Comisi(cid:243)n de Seguridad Minera, Direcci(cid:243)n General de Minas, Ministerio de Industria y
Energ(cid:237)a (junio 1999).

(2001/C 72 E/173)

WRITTEN QUESTION E-1870/00

by Cristiana Muscardini (UEN) to the Commission

(9 June 2000)

Subject: Prisons and the (cid:145)third pillar(cid:146)

The recent incidents in the Sassari district prison (Sardinia) and the subsequent action by the judicial
authorities highlight the critical situation in Italian prisons, which is adversely affecting the conditions in

C 72 E/138

Official Journal of the European Communities

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6.3.2001

which prisoners are being held and the activities of the judicial police. Outdated buildings, unacceptable
and insanitary conditions, overcrowding (with an occupancy rate of 120 % of the number of places
available) and prison staff shortages are only some of the more glaring defects of the prison system. In
such circumstances, violent incidents of all kinds are the order of the day and the possibility of ensuring
respect for human rights can seem remote.

In view of the prospect of cooperation in (cid:145)third pillar(cid:146) matters:

1. Why does the Commission not carry out a comparative study of the situation in the Union countries(cid:146)

prisons to assess prison conditions and propose the standards that should be maintained?

2. What differences are there between the respective legal status of members of the judicial police in the

various Member States?

3.

Is it conceivable that they might eventually be harmonised?

Answer given by Mr Vitorino on behalf of the Commission

(13 July 2000)

The situation of prisons in the European Union referred to by the Honourable Member is first and
foremost a matter for the Member States.

1.
A comparative study of prison conditions would theoretically be feasible under the Grotius financing
programme, which has been adopted in the justice and home affairs field. To date, however, this matter
has not been included in the programmes setting annual priorities and no request for a study along the
lines of that proposed by the Honourable Member has been received.

The status of members of the judicial police differs between Member States, depending on the

2.
relevant national legislation.

3.
In accordance with the subsidiarity principle, harmonisation of status is currently not one of the
priority objectives in the justice and home affairs field. However, a range of training, information and
communication initiatives for members of the police have been launched at European level, in line with
the priorities identified by the Tampere European Council of 15 and 16 October 1999 for the creation of
a European area of freedom, security and justice.

(2001/C 72 E/174)

WRITTEN QUESTION E-1871/00

by Cristiana Muscardini (UEN) to the Commission

(9 June 2000)

Subject: Body piercing: risks and information

The current obsession with (cid:145)body awareness(cid:146)
is reflected in the potentially harmful fashion for body
piercing among young people. In some EU countries the practice is regulated to ensure that health and
safety standards are observed. Unless certain rules are followed concerning the materials used and the way
in which the piercing of various parts of the body is carried out, followers of this fashion run serious risks,
the most common of which are infection and hepatitis.

1.

2.

Can the Commission list the Union countries in which this practice is subject to regulation?

Could the Commission call on those countries which do not have such provisions to introduce them?

3.
Does the Commission agree that it would be good idea to propose information campaigns in schools
to highlight the dangers of body piercing and discourage young people from allowing such piercing to be
carried out by unqualified people?