WRITTEN QUESTION E-3488/00 by María Sornosa Martínez (PSE) to the Commission. Spanish fire-fighting helicopters and failure to meet Community labour law.
Date: 2000-11-10
Institutions: European Parliament, Provisional data
Subjects: Spain, air safety, crew, fire protection, helicopter, infringement of EU law, labour law, legal working time, migrant worker, restriction on competition, transport regulations, transport safety, working conditions

3.7.2001

EN

Official Journal of the European Communities

C 187 E/9

(2001/C 187 E/009)

WRITTEN QUESTION E-3487/00

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

(10 November 2000)

Subject: Official approval of fire-fighting helicopters

In Spain, helicopters from former Eastern European army stocks are being used to put out forest fires, and
the contracts are being extended to non-authorised uses such as reconnoitring, first aid, life-saving and
transporting injured persons. The use of these helicopters, which are banned in the rest of the European
Union because they are considered unsafe, was allowed in Spain on condition that their use was merely
temporary, although it has been going on since it began in 1989. The crews of these helicopters (many of
them foreign workers) work interminably long hours and their salary conditions fall far short of what is
laid down in Spanish law. The use of these inadequate machines, and the poor working conditions of their
crews mean that between 1990 and 1997, the accident rate has been 17,5 accidents per 100 flying hours;
worse still, most of these accidents have not been investigated.

Having regard to the provisions of:

(cid:129) Regulation (EEC) No 3922/91 (1) on the harmonisation of technical requirements and administrative

procedures in the field of civil aviation,

(cid:129) the Joint Aviation Requirements (JAR) of the Joint Aviation Authorities,

(cid:129) Directive 89/655/EEC (2) concerning the minimum health and safety requirements for the use of work
equipment by workers at work, Article 3(1) whereof stipulates that (cid:145)the employer shall take the
measures necessary to ensure that the work equipment made available to workers ((cid:133)) is suitable for
the work to be carried out ((cid:133)) and may be used by workers without impairment to their safety or
health(cid:146),

(cid:129) Directive 94/56/EC (3) establishing the fundamental principles governing the investigation of civil
aviation accidents and incidents, which lays down that the causes of accidents must be investigated
within one year,

does the Commission not believe that given the increasing number of accidents, Community legislation is
in order to prevent Member States using
required on the authorisation of
machines which should have been disqualified on safety grounds?

fire-fighting helicopters,

Does the Commission believe that the case described above comes under the provisions of Directive 89/
655/EEC?

What measures does the Commission intend to take in this instance with regard to the clear infringement
of Directive 94/56/EC, given that the accidents which have taken place have not been investigated?

(1) OJ L 373, 31.12.1991, p. 4.
(2) OJ L 393, 30.12.1989, p. 13.
(3) OJ L 319, 12.12.1994, p. 14.

(2001/C 187 E/010)

WRITTEN QUESTION E-3488/00

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

(10 November 2000)

Subject: Spanish fire-fighting helicopters and failure to meet Community labour law

In Spain, helicopters from former Eastern European army stocks are being used to put out forest fires, and
the contracts are being extended to non-authorised uses such as reconnoitring, first aid, life-saving and
transporting injured persons.

C 187 E/10

Official Journal of the European Communities

EN

3.7.2001

The crews of these helicopters, many of them foreign workers, work interminably long hours:

(cid:129) 44 days without a break, with working days which far exceed eight hours, and

(cid:129) are, in the case of foreign pilots, paid lower salaries and are frequently not covered by social security;

(cid:129) face greater risks and a higher accident rate, due to the fact that they are working with old helicopters.

The International Federation of Airline Pilots(cid:146) Associations (Ifalpa) publicly denounced the situation in
Spain at its annual meeting in Tokyo last April. The Spanish trade unions which belong to Apythel have,
for their part, approached the relevant Spanish ministries and the Transport Commissariat without
obtaining any solution to their demands.

In view of:

(cid:129) the scope of Directive 104/93/EEC (1) on certain aspects of

the organisation of working time,

applicable to civil aviation,

(cid:129) Directive 71/97/EEC (2) on the posting of workers in the framework of the provision of services,
Article 1 whereof states that (cid:145)undertakings established in a non-Member State must not be given more
favourable treatment than undertakings established in a Member State(cid:146),

(cid:129) Directive 188/86/EEC (3) on the protection of workers from the risks related to exposure to noise at
work, which includes air crews, and which, in the present case of long working days, is severely
infringed in terms of maximum levels of exposure,

can the Commission tell me whether Spain has correctly transposed these Directives into Spanish law?

Does the Commission not believe that on the basis of the facts set out above, the Community legislation
cited is clearly being violated? Is the Commission prepared to open an inquiry into the case under
consideration?

(1) OJ L 307, 13.12.1993, p. 18.
(2) OJ L 18, 21.1.1997, p. 1.
(3) OJ L 137, 24.5.1986, p. 28.

(2001/C 187 E/011)

WRITTEN QUESTION E-3489/00

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

(10 November 2000)

Subject: Problems of competition in the helicopter fire-fighting sector in Spain

In Spain, helicopters from former Eastern European army stocks are being used to put out forest fires, and
the contracts are being extended to non-authorised uses such as reconnoitring, first aid, life-saving and
transporting injured persons. Many of the crew of these helicopters are non-Community citizens who
mostly also come from Eastern Europe. These workers work interminable hours, up to 44 days without
a break, and with working days far longer than eight hours, and furthermore, they are on worse salaries
than pilots working for Spanish companies. All this means that certain administrations choose to contract
these foreign workers because they cost less.

The International Federation of Airline Pilots(cid:146) Associations (Ifalpa) publicly denounced the situation in
Spain at its annual meeting in Tokyo last April. The Spanish trade unions which belong to Apythel have,
for their part, approached the relevant Spanish ministries and the Transport Commissariat without
obtaining any solution to their demands.