WRITTEN QUESTION P-3081/00 by Françoise Grossetête (PPE-DE) to the Commission. European Economic Area.
Date: 2000-09-25
Institutions: European Parliament, Provisional data
Subjects: EFTA Court, European Economic Area, Norway, chemical product, dangerous substance, derogation from EU law, labelling, preparation for market

18.4.2001

EN

Official Journal of the European Communities

C 113 E/237

Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working
time of seafarers concluded by the European Community Shipowners(cid:146) Association (ECSA) and the
Federation of Transport Workers(cid:146) Unions in the European Union (FST) (3) governs working time for
seafarers. Directive 1999/95/EC of the Parliament and of the Council of 13 December 1999 concerning
the enforcement of provisions in respect of seafarers(cid:146) hours of work on board ships calling at Community
ports (4) provides a mechanism for the verification and enforcement of compliance by ships calling at ports
of Member States with Directive 1999/63/EC. The implementation deadline for both Directives is 30 June
2002.

With respect to the civil aviation sector, the social partners reached an Agreement on working time for
mobile staff on 22 March 2000. The Commission adopted a proposal for a directive implementing this
Agreement on 23 June 2000 (5) and this is due to be adopted by the Council shortly. Once this is adopted
and implemented by Member States, working time for mobile staff in the civil aviation sector will be
governed by this Directive.

Finally, the Commission(cid:146)s proposed directive on the organisation of working time for mobile workers
performing road transport activities and for self-employed drivers is still on the table of the Council (6).

(1) OJ L 307, 13.12.1993.
(2) OJ L 195, 1.8.2000.
(3) OJ L 167, 2.7.1999.
(4) OJ L 14, 20.1.2000.
(5) COM(2000) 382 final.
(6) OJ C 43, 17.2.1999.

(2001/C 113 E/260)

WRITTEN QUESTION P-3081/00

by Fran(cid:231)oise GrossetŒte (PPE-DE) to the Commission

(25 September 2000)

Subject: European Economic Area

Does the exemption granted to Norway in connection with dangerous substances, relating to the
classification of polyacrylamides, comply with the EEA Agreement? If it does, what is its justification?

Answer given by Mr Patten on behalf of the Commission

(18 October 2000)

The Honourable Member refers to the derogation from Council Directive 67/548/EEC of 27 June 1967 on
the approximation of
laws, regulations and administrative provisions relating to the classification,
packaging and labelling of dangerous substances (1).

During the negotiations for the European Economic Area (EEA) Agreement, the following derogation was
agreed:
(cid:145)The Contracting Parties agree on the objective that the provisions of the Community acts on
dangerous substances and preparations should apply by 1 January 1995. [(cid:133)] Pursuant to co-operation to
be initiated from the signature of this Agreement in order to solve remaining problems, a review of the
situation will take place during 1994,
including matters not covered by Community legislation. If an
European Free Trade Association (EFTA) State concludes that it will need any derogation from the
Community acts relating to classification and labelling, the latter shall not apply to it unless the EEA
Joint Committee agrees on another solution(cid:146).

The reason for this derogation was that the standards then pertaining in the EFTA countries were more
exacting than those of the Community. It was thought to be a retrograde step to withdraw those standards,
especially since the Community has the intention to continue to raise its standards in this area.

C 113 E/238

Official Journal of the European Communities

EN

18.4.2001

A review of the situation has taken place at approximately two year intervals since the entry into force of
the EEA Agreement, the latest being in 1998. This led to a joint statement (2) in the EEA joint committee
of 26 March 1999 in which Norway declared it had concluded that it accepts the existing Community
acquis, with effect from 1 January 1999, but with derogations in specific areas. It was agreed that the
objective should be maintained that the Community acts concerned should apply fully by 1 January 2001.
A new review of the situation will take place during 2000.

The derogations that Norway has with regard to the classification of polyacrylamide as a carcinogen were
the subject of a ruling on 14 June 2000 by the EFTA Court of
Justice. The case concerned the
interpretation to be given to the joint statements adopted by the EEA joint committee in 1995 and 1999
on this subject.

The EFTA Court interpreted the wording of the 1995 joint statement so that Norway was given the right
to classify substances as carcinogens whilst not being able to label polyacrylamides differently from the
system laid down in Directive 67/548/EEC on dangerous substances and Council Directive 88/379/EEC of
7 June 1988 on the approximation of the laws, regulations and administrative provisions of the Member
States relating to the classification, packaging and labelling of dangerous preparations (3). The Court also
noted that as an exception to a fundamental principle of the EEA Agreement, namely that of the free
movement of goods, the wording in the joint statement should be interpreted narrowly. The wording of
the 1999 joint statement is the same as that of the 1995 joint statement, but with the additional wording
that Norway may apply different provisions regarding impurities, additives or individual constituents with
regard to substances classified as carcinogens. The EFTA Court found that according to the joint statement
Norway may set its own labelling rules regarding concentration limits for carcinogenic substances as
impurities in other substances.

(1) OJ B 196 of 16.8.1967.
(2) OJ C 185, 1.7.1999.
(3) OJ L 187, 16.7.1988.

(2001/C 113 E/261)

WRITTEN QUESTION P-3088/00

by Antonio Tajani (PPE-DE) to the Commission

(25 September 2000)

Subject: Attack on a teacher of Jewish descent by a group of neo-Nazi skinheads

Luis Marsiglia, a Catholic teacher of Jewish descent, has been seriously injured by three neo-Nazi skinheads
in the city of Verona.

This latest in a long series of attacks has caused considerable concern throughout Italy(cid:146)s Jewish community,
particularly in Rome, Milan, Florence, Venice, Trieste, Genoa, Livorno and Turin.

The European Parliament has frequently spoken out against all forms of racism and xenophobia, stressing
the dangers of the presence in Europe of groups and movements that openly endorse violent forms of
racial intolerance.

What urgent action does the Commission intend to take to prevent outrageous attacks of this kind on
European citizens of Jewish descent or members of any other minority?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(23 October 2000)

The Commission is extremely concerned about the series of anti-semitic attacks in Italy. It deplores such
acts and extends its sympathy to the victims and their families. Such violence is intolerable in the Union,
which is based on the principles of liberty, democracy and respect for human rights, fundamental freedoms
and the rule of law.