WRITTEN QUESTION E-1305/02 by Miet Smet (PPE-DE) to the Commission. Study on paid domestic help in private households in the informal economy.
Date: 2002-05-07
Institutions: European Parliament, Provisional data
Subjects: EU employment policy, European Employment Strategy, economic analysis, labour law, migrant worker, moonlighting, service occupation

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Official Journal of the European Communities

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5.12.2002

would affect the protected landscape area including Rambla de Castro, Los Campeches, Tigaiga and Ruiz,
which has been classified as an area of Community interest under the ‘Natura 2000’ European network,
and is also a recognised site of scientific interest. More than 135 800 m2 of protected forest would be
destroyed.

This project would have an overwhelmingly negative impact, and its sole benefit would be to cut the
existing driving time to Santa Cruz de Tenerife by fifteen minutes.

Can the Commission state whether this project is to receive EU funding?

to ensure compliance with Directive 85/337/EEC (1) on
What measures can the Commission adopt
environmental impact assessment and Directive 92/43/EEC (2) on the conservation of natural habitats and
of wild fauna and flora?

(1) OJ L 175, 5.7.1985, p. 40.
(2) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallström on behalf of the Commission

(17 June 2002)

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and
private projects on the environment (1) and Council Directive 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and flora (2) may indeed be applicable in this case. The
Commission will be approaching the Spanish authorities at the earliest opportunity in order to ensure that
EU law is properly applied.

In accordance with the subsidiarity principle and pursuant to Council Regulation (EC) No 1260/1999 of
21 June 1999 laying down general provisions on the Structural Funds (3), both the selection and
implementation of projects are the responsibility of the Member States. The Commission has asked the
Spanish authorities for information with regard to the possible co-financing of this scheme, and will
inform the Honourable Member as soon as it has this information.

(1) OJ L 175, 5.7.1985.
(2) OJ L 206, 22.7.1992.
(3) OJ L 161, 26.6.1999.

(2002/C 301 E/122)

WRITTEN QUESTION E-1305/02

by Miet Smet (PPE-DE) to the Commission

(7 May 2002)

Subject: Study on paid domestic help in private households in the informal economy

On 15 November 2000 during the plenary debate on my own-initiative report on regulating domestic
help, Commissioner Diamantopoulou gave an unequivocal assurance that the European Commission
would do further statistical work and carry out studies on the problem of regularising domestic help which
has hitherto been carried out illegally.

May I also remind the Commission of the other points raised in the resolution adopted by the European
Parliament on 30 November 2000 in which it was emphasised that future regulations must take account
of the specific situation and working conditions in which domestic workers find themselves and their
isolated position and atypical relationship with their employers. Further study is also required of the
situation of immigrants carrying out domestic work and solutions should be proposed to enable them to
stay in the EU on decent conditions.

Parliament is also asking for the guidelines on employment to include policy measures to allow domestic
work of this kind to be recognised as an occupation in its own right with a view to establishing rules on
the social rights of workers, the adjustment of supply and demand in the sector, access to training and co-

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funding of contributions by the public authorities. To allow domestic work to be included in the
guidelines, the Commission will have to carry out a detailed study setting out all the policy options clearly.

Can the Commission say when the study began and what items are covered? Are the findings already
available? Will this study also examine the possibilities of switching from the illegal to the legal economy
as a means of stepping up the fight against the black economy? Is research being done in several Member
States? In short, what progress has been made towards meeting the promise made to the European
Parliament?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(9 July 2002)

took place on 26 February 2002,

The Commission is already dealing with the subject of undeclared work which includes domestic work. An
important study on undeclared work was recently undertaken for the Commission. Its conclusions were
presented at a seminar that
in which the Honourable Member
participated. They highlight the need for both preventive actions and sanctions. This policy mix is found
the optimal approach and most effective policy to combat undeclared work. In the press release on the
subject that was issued on 28 February 2002 (1),
it was stated very clearly that Member States must
increase efforts to quantify undeclared work, to cut it down and to transform it into regular employment.
This is vital because of the direct link between combating undeclared work and hitting the Lisbon target of
full employment by 2010 within a sound macroeconomic environment. The broader picture of the
shadow economy needs to be examined because the fight against undeclared work can create conditions
for higher quality jobs and more healthy competition among enterprises.

Regarding regulation, domestic workers are covered by the directives dealing with working conditions, in
so far as these workers are protected, in the Member State where they carry out their work, as employees
under national employment law.

The Commission considers these issues to be principally covered by guidelines 9 (undeclared work in the
context for entrepeneurial activity) and 10 (which addresses ‘the full range of the services sector’). There
was considerable resistance at the level of Council and Employment Committee to change the guidelines in
2002, since it is the last edition before the review of the Strategy after five years. The Council, upon the
revised Commission proposal for Guidelines 2002 following the Parliament’s opinion, has nevertheless
strengthened the guideline 9 in the 2002 version by referring to the fight against undeclared work (in
addition to prevention).

The National Action Plans tend to comment on measures but
lack generally quantitative data on
undeclared work or more specifically on domestic help. Also in the context of the ongoing impact
evaluation of the employment strategy, Member States have reported very little indications on the effect of
tax-benefit reforms or other measures on undeclared work, the less developed aspects of services or on
domestic work.
In view of this, this will remain a priority for the employment guidelines and the
monitoring process.

However, quantified results from these initiatives have not yet been reported and the Commission needs to
study in depth the issue. While it will take some time until this programme will be operational it provides
funds exactly for this sort of background work for the implementation of the employment strategy. Indeed,
the Commission is planning to use funds of this programme for a study which will examine in more detail
the informal economy. It is envisaged to start when financial resources are available and most likely in
2003. Domestic work will be one of the items to be reviewed more specifically in this study. In-depth
investigation of existing good practice, immigration and the gender dimension are the key aspects for
analysis. The study will specifically focus on improving productivity and quality in work with links to
earnings and human capital. This study should provide with the necessary information on domestic work
which allow in turn to focus attention of Member States on the need to take appropriate action.

(1)

IP/02/339.