WRITTEN QUESTION E-0652/02 by Antonio Di Pietro (ELDR) to the Commission. Violation of rights at the Banca Carime.
Date: 2002-03-11
Institutions: European Parliament, Provisional data
Subjects: Italy, bank, bonus payment, competence of the Member States, labour dispute, labour law, legal working time, unfair dismissal, worker consultation

29.8.2002

EN

Official Journal of the European Communities

C 205 E/185

(2002/C 205 E/197)

WRITTEN QUESTION E-0648/02

by Nuala Ahern (Verts/ALE) to the Commission

(11 March 2002)

Subject: Radioactive dumping in the Atlantic Ocean

What assessment of dangers to the marine environment and implications for the fishing industry does the
Commission plan to undertake following press revelations in January this year that the UK dumped
plutonium contaminated radioactive waste into the Atlantic Ocean off Spain’s north west coast in the
1960s and that some boats used for dumping nuclear waste got so lost that the United Kingdom
authorities now have no accurate record as to exactly where off the coast some waste was dumped?

Answer given by Mrs Wallström on behalf of the Commission

(23 April 2002)

As confirmed in the reply to the Honourable Member’s Written Question E-0334/02 (1) the Commission
considered the environmental impact of the past dumping of British nuclear waste in the Atlantic Ocean in
the report ‘The radiological exposure of the population of the European Community from radioactivity in
North European marine waters, project ’Marína’’ (Radiation Protection 47, 1990). This report is in the
process of being updated and will again address the significance of nuclear waste dumped in the Atlantic
Ocean, including the radiological implications of contamination of fish, using all information and data
available. The study is expected to be published mid 2002.

(1) See page 120.

(2002/C 205 E/198)

WRITTEN QUESTION E-0652/02

by Antonio Di Pietro (ELDR) to the Commission

(11 March 2002)

Subject: Violation of rights at the Banca Carime

Over the last week, the Italian regions of Calabria, Basilicata and Apulia have witnessed various forms of
industrial action on the part of employees of the Banca Carime (now 75 % owned by Comindustria), which
is currently undergoing a severe crisis whose outcome remains unpredictable and which is likely to have
severe repercussions in employment terms.

In these dramatic circumstances, the trade unions represented among the banks’ employees, FABI, FALCRI,
FIBA/CISL, FISAC/CGIL and UILCA/UIL, which account all told for over 80 % of staff, have made a public
complaint to the management of Carime in which they state that the bank is in breach of Article 14(2), (3)
and (7) of the National Collective Labour Contract of 11 July 1999 and of Article 2 of Decree-Law No 18
of 2 February 2001 incorporating the Community legislation on mandatory consultation of trade unions,
on the grounds that, more than nine months after the present management began operations, the bank is
still dragging its feet and has not presented an enterprise plan setting out the real objectives and strategies
which the new owners intend to pursue, thus leaving the workforce completely in the dark.

The bank is additionally in breach of the law and of the National Collective Labour Contract for the
relevant professional category on the following grounds:

F it has refused to recognise the employees’ right to receive a bonus for the year 2000, despite the
profits obtained by Carime and the fact that all budgetary indicators point to an improvement over
the previous year (see Article 40 of the National Collective Labour Contract of 11 July 1999), and it
has suspended payment of the standby allowance to the employees to whom it applies (Article 32 of
the above-mentioned labour contract);

C 205 E/186

Official Journal of the European Communities

EN

29.8.2002

F it has failed to respect the agreed work timetable, in what is a clear breach of the contractual rules
(Articles 88, 89 and 91) and of the legislation on the length and organisation of the working day;

F it has practised intimidation against employees on sick leave, and has even dismissed such persons F
actions which are even more to be condemned given that they affect individuals who, in their state of
it has threatened union
ill-health, are more emotionally and physically vulnerable;
representatives with disciplinary action.

furthermore,

Given these disturbing circumstances, which have been condemned in public by the President of the Italian
Banking Association, does the Commission consider that there has been a breach of the Community
directives on the consultation and information of workers? If so, what action can the Commission take to
ensure that Community law is respected in future?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(25 April 2002)

The situation described by the Honourable Member would appear to be a matter for the Italian national
authorities only.

The national provisions to which he refers are intended in particular for the transposition of Directive 98/
50/EC (transfers of undertakings) (1) into Italian law. This Directive does not apply to situations such as the
one described in the question where a company’s shareholder structure is changed.

In the absence of any link with Community law, the Commission is not entitled to intervene in any way,
certainly not under Article 226 of the EC Treaty. It is up to the national authorities to assess the situation
in the light of the applicable national regulations.

(1) 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’ rights in the event of transfers of undertakings,
businesses or parts of businesses, OJ L 201, 17.7.1998. The two directives were consolidated by Council Directive
2001/23/EC of 12 March 2001, OJ L 82, 22.3.2001.

(2002/C 205 E/199)

WRITTEN QUESTION P-0662/02

by Roberto Bigliardo (UEN) to the Commission

(1 March 2002)

Subject: Montefibre (Acerra, Italy)

Is the Commission aware of the environmental impact problems which have existed for decades in relation
to the industrial activities of the enterprise Montefibre s.p.a., located in Acerra (Naples province, Italy)?

Environmental groups of all political colours have voiced their deep concern over the potential polluting
impact of this company, which has applied for and, several months ago, obtained authorisation for an
extension from the Acerra municipal authorities.

Have the competent authorities commissioned any study or carried out any inquiry in order to alleviate
the concerns of the public and the environmental groups? Has an environmental impact assessment been
carried out concerning the authorisation of extension granted by the Acerra municipal authorities?

Answer given by Mrs Wallström on behalf of the Commission

(27 March 2002)

The Commission has the task of ensuring the correct application of Community law, in the light of the
powers conferred on it by the EC Treaty. As the guardian of the EC Treaty, it does not hesitate to take all
necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to
ensure the observance of Community law.