WRITTEN QUESTION P-0933/02 by Pat Gallagher (UEN) to the Commission. Member State legislation on health and safety for the self-employed.
Date: 2002-03-26
Institutions: European Parliament, Provisional data
Subjects: equal treatment, labour law, occupational health, occupational safety, self-employed person

18.7.2002

EN

Official Journal of the European Communities

C 172 E/227

This then is the context within which the Commission must analyse any law such as that mentioned by
the Honourable Member (cid:23) a law which in this case it knew nothing about. It should be noted that it is, in
the first instance, up to the Member States to ensure that their legislation complies with Community law as
interpreted by the Court of Justice. In this respect and bearing in mind the implications and scope of
Community case law, the Commission wishes to initiate a dialogue with the Member States, particularly
with a view to discussing intended measures. It is only once this consultation has taken place that the
Commission will be able to assess whether a Community instrument is appropriate.

The two questions asked by the Honourable Member will be examined within this approach.

(2002/C 172 E/245)

WRITTEN QUESTION P-0933/02

by Pat Gallagher (UEN) to the Commission

(26 March 2002)

Subject: Member State legislation on health and safety for the self-employed

Given that in approximately half the Member States the self-employed, while covered by the Framework
Directive for health and safety, are not covered in the individual Member State to the extent that national
legislation on health and safety does not include the self-employed, will the Commission give priority to
proposing an EU-wide solution which ensures that all workers in the Internal Market are ensured of equal
treatment in relation to health and safety in the workplace, thus improving conditions for labour mobility
and contributing to a more effective Internal Market and dynamic EU economy?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(23 April 2002)

The Commission shares the view of the Honourable Member on the importance of recognising the need
for protection of the health and safety at work of the self-employed.

However, the Framework 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 (1) does not cover the self-
employed. In fact, its Article 3 defines the term ‘worker’ as used in the Directive as ‘any person employed
by an employer’. The result is that this provision clearly excludes self-employed persons from the scope of
the Directive.

The Commission has however recently adopted a proposal for a Council Recommendation concerning the
legislation governing health and safety at work to self-employed workers (2). The
application of
Recommendation is a non-binding instrument aimed at achieving a minimum level of protection for self-
employed workers in accordance with the subsidiarity principle. The main issues dealt with in the
Recommendation are recognition of the rights of self-employed workers, information, training, and health
surveillance.

(1) OJ L 183, 29.6.1989.
(2) COM(2002) 166 final.

(2002/C 172 E/246)

WRITTEN QUESTION P-0945/02

by Francesco Fiori (PPE-DE) to the Commission

Subject: Foal Levy imposed on breeders of thoroughbred horses

(28 March 2002)

The purpose of the European agricultural model which was laid down in Agenda 2000 and which is
currently being revised by the European Union is to create an agricultural sector which is competitive and
not over-subsidised. There is no justification for making the breeders of thoroughbred horses pay a levy