WRITTEN QUESTION E-3570/01 by Laura González Álvarez (GUE/NGL) to the Commission. Labour rights of primary health care teams on call.
Date: 2002-01-08
Institutions: European Parliament, Provisional data
Subjects: EC Directive, application of EU law, arrangement of working time, emergency medical treatment, occupational health, occupational safety, working time

C 147 E/202

Official Journal of the European Communities

EN

20.6.2002

(2002/C 147 E/212)

WRITTEN QUESTION E-3570/01

by Laura González Álvarez (GUE/NGL) to the Commission

(8 January 2002)

Subject: Labour rights of primary health care teams on call

On 3 October 2000 the EU Court of Justice ruled in favour of the Union of Doctors in the Public Health
Service of the Community of Valencia in their case against the Valencian Ministry of Health. The judgment
referred to the excessive duration of weekly working time, inadequate statutory rest periods and unsuitable
conditions for night work and shift work for primary health care teams on call (Case C-303/98).

The Court based its ruling on Framework Directive 89/391/EEC (1) on the introduction of measures to
encourage improvements in the safety and health of workers at work and on the specific directive
concerning certain aspects of the organisation of working time (93/104/EC) (2).

The judgment takes account of the excess annual working time, the failure to recognise night work and
shift work and the lack of statutory rest periods in working days sometimes extending for an uninterrupted
period of 96 hours.

More than 2 500 people, both doctors and nursing staff, work under the same conditions in my country
(150 of them in Asturias). The Asturian union has forwarded a document describing their draconian
working conditions (2 832 hours per year, low salaries, non-recognition of shift work, night work and paid
rest periods after 36 hours on call, etc.). It is clear that the above two directives are being breached not
only in the Community of Valencia but also in the rest of Spain.

In the light of the above, what steps will the Commission take in order to guarantee the correct application
of these directives (89/391/EEC and 93/104/EC)?

(1) OJ L 183, 29.6.1989, p. 1.
(2) OJ L 307, 13.12.1993, p. 18.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(28 February 2002)

Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of
working time (1) is designed to promote improvement in the safety, hygiene and health of workers at work.
It applies to all sectors of activity, both public and private, within the meaning of Article 2 of Council
Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the
safety and health of workers at work (2), with the exception of air, rail, road, sea, inland waterway and lake
transport, sea-fishing, other work at sea and the activities of doctors in training (‘excluded sectors’). These
‘excluded sectors’ are from now on covered by Directive 2000/34/EC of the European Parliament and of
the Council of 22 June 2000 amending Council Directive 93/104/EC concerning certain aspects of the
organisation of working time to cover sectors and activities excluded from that Directive (3), which will
enter into force on 1 August 2003 (2004 for doctors in training).

Article 2.1 of Directive 93/104/EC defines ‘working time’ as any period during which the worker is
working, at the employer’s disposal and carrying out his activity or duties, in accordance with national
laws and/or practice.

In its judgment of 3 October 2000 in preliminary ruling C-303/98 (4) (Simap), the Court held that ‘time
spent on call by doctors in primary health care teams must be regarded in its entirety as working time, and
where appropriate as overtime, within the meaning of Directive 93/104 if they are required to be at the
health centre. If they must merely be contactable at all times when on call, only time linked to the actual
provision of primary health care services must be regarded as working time’.

20.6.2002

EN

Official Journal of the European Communities

C 147 E/203

Although a judgment of the Court of Justice in cases which have been referred for a preliminary ruling is
in principle directly binding only on the national jurisdictions concerned, the interpretation which the
Court of Justice gives to a rule of Community law clarifies and defines where necessary the meaning and
scope of that rule as it must be, or ought to have been, understood and applied from the time of its entry
into force. As a result preliminary rulings have an effect erga omnes and should be applied to similar,
comparable or analogous legal situations and relations. Hence the notion of working time should from
now on be interpreted in compliance with this judgment of the Court of Justice.

In this context, it should be recalled that Member States must adopt the necessary laws, regulations and
administrative provisions to comply with the directives. The implementation of the directives is a matter
for the Member States, who must
the
enforcement of the national provisions transposing the directives.

in particular ensure appropriate control and surveillance of

The Commission has decided to launch a call for proposals for a study on the scope and consequences of
the Simap judgment for other comparable situations in the Member States. Following the results of the
study and its own deliberations, the Commission will decide on the measures to be taken.

(1) OJ L 307, 13.12.1993.
(2) OJ L 183, 29.6.1989.
(3) OJ L 195, 1.8.2000.
(4) ECR 2000, p. I-7963.

(2002/C 147 E/213)

WRITTEN QUESTION E-3574/01

by Bart Staes (Verts/ALE) to the Commission

(8 January 2002)

Subject: Pollution in the home

In recent years, numerous excellent measures have been taken to reduce air pollution. However, people in
Europe, particularly town-dwellers, spend some 90 % of their time indoors. Pollution may also occur inside
the home. As well as fumes from cleaning/maintenance products and tobacco smoke, causes include
poorly functioning air conditioning systems and biological allergens such as house dust mites, animal fur,
moulds and fungi. The alarming thing about such pollution is that chronic complaints which have no
known cause are becoming increasingly prevalent. These include allergies, asthma and some types of
If various occupants of the same building display a number of similar symptoms, these are
cancer.
attributed to sick building syndrome.

Few doctors recognise the symptoms of disorders associated with pollution inside the home. Consumers’
organisations are asking for ‘standards and regulations to be drawn up concerning pollution in the home,
as a basis for amending building regulations and standards for building materials and furniture materials.
Harmful products should always be fully and clearly marked’
(Test Gezondheid, December 2001).
Luxembourg, Sweden and Germany now have services which will measure pollution in the home free of
charge. This preventive and problem-solving approach ultimately results in fewer people falling ill and
lower social-security costs.

1.
Is the Commission aware of projects to combat pollution in the home in Germany, Luxembourg,
Sweden and Belgium? Is it convinced of their value? Will the Commission therefore make it compulsory to
introduce such services throughout the Union?

Is the Commission considering making appropriations available to cultivate awareness of

2.
problem, among both doctors and consumers?

the