WRITTEN QUESTION E-3540/01 by Esko Seppänen (GUE/NGL) to the Commission. Safety at nuclear power stations.
Date: 2002-01-08
Institutions: European Parliament, Provisional data
Subjects: competence of the Member States, nuclear power station, nuclear safety, reactor cooling system, terrorism

20.6.2002

EN

Official Journal of the European Communities

C 147 E/199

(2002/C 147 E/208)

WRITTEN QUESTION E-3530/01

by Paul Rübig (PPE-DE) to the Commission

(8 January 2002)

Subject: Obstacles for Austrian service providers posed by the prescribed minimum wage in Germany

The Austrian Economic Chamber (WKÖ)
lodged an internal market complaint with the Commission
concerning the above obstacles to the freedom to provide services in November 1999. The complaint was
registered under reference number 99/5307, (SG 99), A/16232. The Commission sent Germany a reasoned
opinion, to which Germany replied in summer 2001. No information has since been received from the
Commission on the current state of proceedings.

Austrian service providers must pay their workers seconded to Germany the German minimum wage laid
down by the collective agreement for the construction industry if they provide construction services chiefly
in Germany. The comparison between the wages paid in Austria and the German minimum wage takes no
account of Austrian wage components such as the 13th and 14th monthly wage. If the 13th and 14th
monthly wage are included, Austrian wage levels can be seen to correspond to German wage levels. Given
that the German supervisory authorities (Land employment offices and customs authorities) do not
recognise the 13th and 14th monthly wage, Austrian workers must be paid the difference between their
Austrian wages and the German minimum wage as well as the 13th and 14th monthly wage. This makes
Austrian workers more costly than comparable German workers.

What stage has been reached regarding the above internal market complaint to the Commission? When
will the Commission open infringement proceedings against Germany?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(22 February 2002)

The Honourable Member refers to infringement proceedings against Germany and wishes to obtain
information on the current state of proceedings. This relates specifically to the implementation of
Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the
posting of workers in the framework of the provision of services (1).

The Commission has carefully examined the German authorities’ responses to the formal notice and the
reasoned opinion. However, the information provided is not sufficient to put an end to the infringements
and close the proceedings.

The Commission has recently decided to bring an action against Germany before the Court of Justice.

(1) OJ L 18, 21.1.1997.

(2002/C 147 E/209)

WRITTEN QUESTION E-3540/01

by Esko Seppänen (GUE/NGL) to the Commission

(8 January 2002)

Subject: Safety at nuclear power stations

Recently, there has been a certain amount of debate about the safety of nuclear power stations. As the EU
is involved in maintaining and improving nuclear safety through Euratom, I have the following question:
are the electronics of cooling systems at nuclear power stations and nuclear waste processing plants within
the EU safeguarded against terrorist attacks using flux compressors or microwave bombs?

C 147 E/200

Official Journal of the European Communities

EN

20.6.2002

Answer given by Mrs de Palacio on gehalf of the Commission

(8 February 2002)

First of all the Commission has to recall that the competencies of the Union in the nuclear field are laid
down in the Treaty establishing the European Atomic Energy Community (Euratom Treaty), whose
Chapter 3 (Title II) ‘deals with health and safety’.

Subsequently, sets of regulations, directives, etc, have been developed with the aim of protection against
possible health detriments resulting from exposure to ionising radiation.

All the above provisions are related to the area of radiation protection, since the safety of nuclear
installations is the responsibility of the operators under the control of safety authorities in the framework
of national legislation. In other words, the responsibility to grant licences and regulate the siting, design,
construction, operation and decommissioning of nuclear installations rests within the responsibility of
Member States and in particular within their Nuclear Regulatory Authorities.

Therefore, and based on the foregoing considerations,
equipment associated to coolant systems is a national responsibility.

the design of

instrumentation and control

(2002/C 147 E/210)

WRITTEN QUESTION E-3552/01

by Brigitte Langenhagen (PPE-DE) to the Commission

(8 January 2002)

Subject: Labelling regulations for the sale of fish, crustaceans and molluscs

Article 4 of Regulation (EEC) No 104/2000 (1) sets out the comprehensive information for consumers that
must appear on labels of fisheries products. The subsequent paragraphs of Article 4 and the relevant
implementing regulation stipulate that the provisions will enter into force on 1 January 2002.

I understand from a number of fish processing companies in Germany and in other European countries
that their resources are tied up completely in the changeover to the euro. For this reason, and because of
the late publication of the implementing provisions, it will not be technically possible to produce the new
label complying with the regulations until 1 July 2002.

Would it be possible to postpone the entry into force of the labelling provisions until 1 July 2002?

Does the Commission consider that the period of time between the publication of the implementing
regulation in the Official Journal (second half of November 2001) and the entry into force of the consumer
information provisions is reasonable?

(1) OJ L 17, 21.1.2000, p. 22.

Answer given by Mr Fischler on behalf of the Commission

(24 January 2002)

The Honourable Member’s question refers to a postponement in the date of application of Commission
Regulation (EC) No 2065/2001 laying down detailed rules for the application of Council Regulation (EC)
No 104/2000 as regards informing consumers about fishery and aquaculture products (1). Article 43 of
Council Regulation (EC) No 104/2000 on the common organisation of the markets in fishery and
aquaculture products (2) states that the provisions on consumer information shall apply from 1 January
2002 and the Commission has no power to alter that date.