WRITTEN QUESTION E-2460/01 by Camilo Nogueira Román (Verts/ALE) to the Commission. Sackings and transfer of industrial activity and jobs by European companies to companies in less-developed countries.
Date: 2001-09-11
Institutions: European Parliament, Provisional data
Subjects: approximation of laws, collective dismissal, industrial restructuring, labour law, least-developed country, transfer of businesses, worker consultation

16.5.2002

EN

Official Journal of the European Communities

C 115 E/93

The Open Method of Co-ordination on Social Inclusion which has resulted in two-year action plans against
poverty and social exclusion (NAPs/incl) in all Member States from 2001 onwards, in combination with a
process of exchange of experience and mutual learning at Community level. The process involves the
development of comparable indicators and will be facilitated by a five-year, € 75 million Commission
programme which will start in January 2002. The NAPs/incl provide a framework in each Member State to
develop more integrated policy making to combat poverty and social exclusion, in order to meet the
common objectives which have been set in this field by the Nice European Council (7-9 December 200).
The NAPs/incl also support Member States to further enhance the impact of ESF and EQUAL actions
aimed at fostering social inclusion and integration in the labour market.

(1) Regulation (EC) No 1784/1999 of the Parliament and of the Council of 12 July 1999 on the European Social Fund,

OJ L 213, 13.8.1999.

(2002/C 115 E/097)

WRITTEN QUESTION E-2460/01

by Camilo Nogueira Román (Verts/ALE) to the Commission

(11 September 2001)

Subject: Sackings and transfer of industrial activity and jobs by European companies to companies in less-

developed countries

The French telecommunications company Alcatel recently announced it had decided to sack 20 000
workers and close various factories in Europe, and to transfer the production processes concerned to
companies in less-developed countries, so as to externalise its industrial activity while retaining its
innovative, technological and commercial activity. This creates a problem to which the EU institutions
cannot remain indifferent. Alcatel justifies its decision in terms of recent economic disadvantages; in other
cases, companies justify mass sackings by the need to secure an immediate improvement of their stock
exchange performance, an economically, socially and politically aberrant practice which is becoming
evermore frequent. What political and legal instruments is the Commission applying or intending to apply
to prevent or penalise such practices on the part of European companies?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(23 October 2001)

Company restructurings, such as that mentioned by the Honourable Member, fall within the scope of
Community legislation, notably the directives on ‘collective redundancies’ (1), ‘transfers of undertakings’ (2)
and ‘European works councils’ (3), which lay down certain obligations in respect of
informing and
consulting workers’ representatives in circumstances such as those described.

These directives are transposed into the national legislations of all the Member States, and it is up to the
Member States in the first resort to make sure that the provisions contained therein are complied with. The
Commission monitors that this is so in the last resort.

The proposal for a Directive establishing a general framework for informing and consulting employees in
the European Community (4), which the Commission hopes to see adopted in the near future, will
complement this framework and, in parallel with the possible forthcoming revision of Council Directive
94/45/EC (European works councils), will ensure the existence throughout the Union of appropriate
provisions for giving the workforce a say in company restructurings and in handling the consequences of
restructuring.

C 115 E/94

Official Journal of the European Communities

EN

16.5.2002

The Commission, as announced in its Communication on the European Social Agenda (5), will develop,
with the social partners at Community level and with the other institutions, a Community response
designed to enhance the ability to cope successfully with industrial change.

(1) Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to

collective redundancies B OJ L 225, 12.8.1998.

(2) Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating
transfers of undertakings, businesses or parts of

to the safeguarding of employees’ rights in the event of
undertakings or businesses B OJ L 82, 22.3.2001.

(3) Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a
procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of
informing and consulting employees B OJ L 254, 30.9.1994.

(4) OJ C 2, 5.1.1999.
(5) COM(2000) 379 final.

(2002/C 115 E/098)

WRITTEN QUESTION P-2472/01

by Alexander de Roo (Verts/ALE) to the Commission

(4 September 2001)

Subject: Postweaning multisystemic wasting syndrome (PMWS) in piglets

According to reports in the Dutch media (Varkens met wegkwijnziekte eindigen toch in slagerij (Pigs with
PMWS still end up in the abattoir), Volkskrant 17 August 2001), postweaning multisystemic wasting
syndrome (PMWS) is causing serious illness among piglets on 36 % of pig farms in the Netherlands. An
increasing number of piglets B a quarter at present B do not survive this illness.

In spite of the provisions of the Meat Inspection Law stipulating that products from visibly sick animals
must be withdrawn immediately from the food chain, sick animals are being slaughtered and their meat
processed for human consumption.

Is the Commission aware of this situation in the Netherlands? If so, is the Commission of the opinion that
Netherlands law is not being complied with?

If the Commission takes the view that the Netherlands are not properly complying with the law, what
steps does the Commission envisage taking to compel the Netherlands to enforce European law?

Answer given by Mr Byrne on behalf of the Commission

(28 September 2001)

The Commission is aware of the emergence of Postweaning Multisystemic Wasting Syndrome (PMWS) in
pigs, both in many Member States, including the Netherlands, and in third countries. Although there is no
indication or suspicion that this disease poses any risk to human health, the Commission, taking into
account the economic importance of the pig-rearing sector and the uncertain aetiology of the disease, is
funding two research projects in this area which started in early 2000.

The Commission has no evidence that pigs affected by this disease have been slaughtered in the normal
way, either in the Netherlands or in other Member States, and would ask the Honourable Member to pass
on the information in his possession.

The Commission would like to draw his attention to the fact that the disease in question affects piglets
aged between five and 12 weeks. Consequently, it is unlikely that infected animals would enter the food
chain, given that pigs are normally slaughtered at around six months old.