WRITTEN QUESTION E-3565/00 by Mauro Nobilia (UEN) to the Commission. ILVA S.p.A., Taranto, Italy.
Date: 2000-11-17
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, collective dismissal, competence of the Member States, control of State aid, iron and steel industry, transfer of businesses

C 151 E/190

Official Journal of the European Communities

EN

22.5.2001

Will the Commission therefore state:

1. How it proposes to investigate whether RINA carried out an adequate survey of the (cid:145)Ievoli Sun(cid:146)?

2. Whether it is considering initiating proceedings against RINA in order to have the society(cid:146)s licence
withdrawn should its investigations show that the (cid:145)Ievoli Sun(cid:146) was classified as seaworthy despite
obvious defects?

Answer given by Mrs de Palacio on behalf of the Commission

(1 December 2000)

It is regrettable that another tanker vessel has been lost in severe weather off the French coast. There are,
however, considerable differences between the two accidents: the (cid:145)Erika(cid:146) broke in two because of structural
failure, the (cid:145)Ievoli Sun(cid:146)s hull structure appears to have remained intact. The Commission is carefully
following the investigations carried out by the flag state, Italy, and the French authorities into the possible
causes of the latest accident.
In this respect, there is at this moment no evidence available to the
Commission suggesting that the accident is the direct consequence of any under performance by the
classification society, RINA.

In reply to the Honourable Member the Commission wishes to give the following information:

1. The Commission is not a flag state and has no powers to carry out maritime accident investigations,
which are for the flag state and the state where the accident took place. However, the Commission is
continuously monitoring the recognised organisations under Council Directive 94/57/EC of 22 Novem-
ber 1994 on common rules and standards for ship inspection and survey organisations and for the
relevant activites of maritimes administrations (1), one of which is RINA. In fact the Commission has
just received, from RINA, all relevant information about the (cid:145)Ievoli Sun(cid:146), and is the process of assessing
that material.

2.

Should there be evidence, from the official investigations or otherwise, that the accident was due to
investigate the possibility of using
under-performance on the part of RINA the Commission will
Article 9 of Directive 94/57/EC, e.g. withdrawal of recognition.

In this respect, however, the Honourable Member(cid:146)s attention is drawn to the proposed amendments to the
above-mentioned Directive, introduced in the wake of (cid:145)Erika(cid:146), to strengthen the qualitative provisions in the
Directive and to introduce a further sanction (cid:129) temporary suspension of the licence to operate (cid:129) designed
for possible situations as described by the Honourable Member.

The Commission is hoping for the quick adoption of this amended directive.

(1) OJ L 319, 12.12.1994.

(2001/C 151 E/219)

WRITTEN QUESTION E-3565/00

by Mauro Nobilia (UEN) to the Commission

(17 November 2000)

Subject: ILVA S.p.A., Taranto, Italy

Given that:

(cid:129) the Italian State is giving up its holdings in the iron and steel industry and selling ILVA S.p.A. to ILVA
laminati piani S.p.A., a company which is to be formed in the near future and will be owned by a
private syndicate;

(cid:129) other iron and steel undertakings in which the State has a shareholding such as Gescon 90, Icrot and
Sidermontaggi are closing down and being sold to ILVA laminati piani S.p.A. As a result, that
company will acquire their workforce and capital;

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Official Journal of the European Communities

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(cid:129) the deed of sale of these companies in which the State has a shareholding provides that the workers
will first be dismissed and put on mobility lists for temporarily laid-off workers awaiting redeployment
pursuant to Law No 223/91, then re-employed by ILVA laminati piani S.p.A. after remaining on these
mobility lists for one year;

(cid:129) this scheme means first of all that the Italian social security institution, the INPS, will pay ILVA
laminati piani S.p.A. a sum of money for every worker who is re-employed (equal to half the
remaining mobility payment not paid to the worker) and secondly that the company employing the
worker will not pay contributions in respect of the latter for a period of 36 months.

Can the Commission:

(cid:129) ascertain whether the foregoing is true?

(cid:129) establish whether the procedure of dismissing the workers, putting them on mobility lists and then re-
employing them is contrary to Italian Laws Nos. 164/75 and 223/91 on the Wages Guarantee Fund
and collective redundancy and the legislation implementing the Community directives on surplus
labour?

(cid:129) ascertain whether the mobility procedure used by ILVA laminati piani S.p.A.

is in breach of the

Community competition rules?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(9 January 2001)

The case referred to by the Honourable Member concerns the restructuring of the firms ILVA SPA, Gescon
90, Icrot and Sidermontaggi, which was carried out in accordance with Italian law.

Firstly, it should be recalled that Council Directive 98/50/EC of 29 June 1998 amending Directive 77/187/
EEC on the approximation of the laws of the Member States relating to the safeguarding of employees(cid:146)
rights in the event of transfers of undertakings, businesses or parts of businesses (1) and Council Directive
98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective
redundancies (2) were correctly transposed into domestic law as regards the circumstances referred to in
this particular case. For this reason, any dispute arising in this connection should be brought before the
national courts.

In these circumstances it is for the Member States to take appropriate measures with a view to improving
the performance of the labour market.

As regards the possible breach of competition rules referred to by the Honourable Member,
the
Commission intends to enquire about the facts described and, if appropriate, will examine them in the
light of the rules governing state aids.

(1) OJ L 201, 17.7.1998.
(2) OJ L 225, 12.8.1998.

(2001/C 151 E/220)

WRITTEN QUESTION E-3580/00

by Adriana Poli Bortone (UEN) to the Commission

(17 November 2000)

Subject: Mansio Ad Quartum

Does the Commission intend to open infringement proceedings against Italy for failing to take the
necessary action to protect the important Mansio Ad Quartum site in Quarto Flegreo (Naples), which has
been totally wrecked by the wholly inappropriate work carried out there?