WRITTEN QUESTION E-2059/01 by Per Gahrton (Verts/ALE) to the Commission. The Commission's failure to comply with Articles 155 and 169 of the EC Treaty.
Date: 2001-07-13
Institutions: European Parliament, Provisional data
Subjects: European social policy, Sweden, equal pay, gender equality, infringement of EU law, national implementing measure, sexual discrimination

C 40 E/174

Official Journal of the European Communities

EN

14.2.2002

In spite of the warnings issued and proposals made by the trade union for the sector, on the basis of
studies and scientific opinions emanating from specialists and national and international organisations, it is
clear that not a single one of the companies located in Portugal in which there is a high incidence of
tendinitis has introduced any kind of workplace health and safety programme aimed at preventing
repetitive strain injuries. On the contrary,
the workers affected are expected, after treatment and
convalescence, to return to work under the same conditions as created the illness in the first place; and if
they are replaced, it is by new workers who will very soon develop similar illnesses and, over time, become
victims of occupational disease.

Can the Commission state whether it is aware of this situation, how far it believes it is compatible with EU
legislation, and what type of action is provided for in EU law to ensure that suitable health and safety
conditions are created in workplaces with a view to preventing the development of injuries of this kind?

(1) OJ L 183, 29.6.1989, p. 1.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(4 September 2001)

The Honourable Member is asked to refer to the answers given by the Commission to written questions
E-3198/95 (1) and E-382/97 (2) by Mr SØrgio Ribeiro.

The Commission also informs the Honourable Member that it is aware of the frequency and significance of
musculoskeletal problems at work and is currently examining possible Community measures to ensure
more effective prevention of such problems.

The Commission is assisted in this work by the Advisory Committee on Safety, Hygiene and Health
Protection at Work which, at its plenary meeting of 15 May 2001, adopted a specific opinion on
musculoskeletal disorders at work. The Commission will forward a copy of that opinion directly to the
Honourable Member and to Parliament(cid:146)s Secretariat-General.

(1) OJ C 109, 15.4.1996.
(2) OJ C 217, 17.7.1997.

(2002/C 40 E/187)

WRITTEN QUESTION E-2059/01

by Per Gahrton (Verts/ALE) to the Commission

(13 July 2001)

Subject: The Commission(cid:146)s failure to comply with Articles 155 and 169 of the EC Treaty

Pursuant to Article 155, the Commission is required to ensure that Member States transpose Council
directives into national
to
Article 169, the Commission is required to bring legal action against Member States which do not comply
with these directives.

law. Such changes in the law are binding on Member States. Pursuant

Articles 48 and 100 of the EC Treaty prohibit discrimination on grounds of sex and against other EU
citizens at work. The ILO principle of equal pay for equal work applies throughout the EC. The Council
has adopted a series of directives to implement these prohibitions.

A few years ago I put a question to the Commission about a case of wage discrimination about which a
complaint had been made to the Commission. Commissioner Padraig Flynn replied to it before Parliament
and promised that the case would be processed swiftly.

A further inquiry (cid:129) not by the Commission (cid:129) showed that since becoming a party to the EEA Agreement
and later acceding to the EC, Sweden had not transposed the directives into its domestic employment
legislation but instead had introduced wage discrimination as a principle throughout the public sector. The
Commission has been aware of this situation at least since Padraig Flynn give his reply to my question in
Parliament.

14.2.2002

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Official Journal of the European Communities

C 40 E/175

When will the Commission comply with the binding provisions pursuant to Articles 155 and 169 and thus
put an end to the wage discrimination in Sweden which is prohibited by the EC Treaty? Or does the
Commission (cid:129) in disregard of the law (cid:129) aim to have this model introduced throughout the EU?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(4 September 2001)

With reference to the questions raised by the Honourable Member, the Commission would like to point
out that the principle of equal pay for equal work or work of equal value is a fundamental principle of the
EC Treaty (Article 141, paragraphs 1 and 2, ex Article 119), which is a provision of direct application,
i.e. that citizens can rely on this provision before their national instances in order to avoid the application
of any discriminatory national legislation.

Moreover, Directives 75/117/EEC (1) and 96/97/EC (2) modifying Directive 86/378/EEC (3) specify the exact
scope of this principle. Sweden has already taken measures for the implementation of the above-mentioned
Community legislation.

The Commission, in the tasks conferred to it under Article 211 (ex Article 155) of the EC Treaty, follows
with the greatest attention the implementation of these Directives in all Member States and will not
hesitate if it notices that a Member State has not fulfilled its obligations under both the Treaty and the
above mentioned Directives to engage infringements proceedings under Article 226 (ex Article 169).

In the context of the Community framework strategy on gender equality (2001-2005) (4) equal pay is one
of the major subject matters. According to the programme relating to the strategy, 2001-2002 will be
dedicated to equal pay and will be the occasion for identifying the existing gaps and the possible measures
to be taken, for example, updating the existing legislation.

(1) Council Directive of 10 February 1975 on the approximation of the laws of the Member States relating to the

application of the principle of equal pay for men and women (OJ L 45, 19.2.1975).

(2) Council Directive of 20 December 1996 amending Directive 86/378/EEC on the implementation of the principle of

equal treatment for men and women in occupational social security schemes (OJ L 46, 17.2.1997).

(3) Council Directive of 24 July 1986 on the implementation of the principle of equal treatment for men and women

in occupational social security shemes (OJ L 225, 12.8.1986).

(4) COM(2000) 335 final.

(2002/C 40 E/188)

WRITTEN QUESTION P-2060/01

by Hiltrud Breyer (Verts/ALE) to the Commission

(3 July 2001)

Subject: Deliberate prevention of BSE testing

Is the Commission aware that the industry is encouraging farmers over the Internet to leave dead animals
for a number of days before informing veterinary surgeons in order to avoid BSE testing and thereby leave
possible cases of BSE undetected?

Does the Commission have any information from the Member States concerning when animals have died
and when their deaths were reported?

What has the Commission done hitherto, or what does it intend to do in the future, to stop such deliberate
prevention of BSE testing