WRITTEN QUESTION E-1290/02 by Laura González Álvarez (GUE/NGL) to the Commission. Threats to employment at the El Árbol company (Asturias, Spain).
Date: 2002-05-07
Institutions: European Parliament, Provisional data
Subjects: Netherlands, Spain, collective dismissal, job cuts, supermarket, transfer of businesses, worker consultation, worker information, works council

C 52 E/56

Official Journal of the European Union

EN

6.3.2003

(2003/C 52 E/065)

WRITTEN QUESTION E-1290/02

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

(7 May 2002)

Subject: Threats to employment at the El Árbol company (Asturias, Spain)

The Netherlands-based distribution group Laurus, which is 37 % owned by the French group Casino, has
announced the sale of several of its supermarkets in the Netherlands, Belgium and Spain. This could
involve considerable job losses.

In Asturias (Spain), the El Árbol company, which is part of this group, is the third-largest undertaking in
the sector, with 2300 employees (out of 9000 in Spain as a whole). Should the redundancies be
confirmed, it would be a severe blow to Asturias, an Objective 1 region which has already suffered from
successive waves of job losses in such sectors as mining, steel, shipbuilding, etc.

The employees of El Árbol are now being kept on tenterhooks and denied all information.

Is the Commission aware of the labour situation at this company?

What measures does the Commission intend to take to ensure implementation of
the Community
legislation in this field, and, in particular, of Directive 94/45/EC (1), which lays down general rules for the
information and consultation of employees of large multinational companies and groups of companies?

(1) OJ L 254, 30.9.1994, p. 64.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(26 June 2002)

As the Honourable Member will be aware, in circumstances such as those she describes, there are two
Community legislative instruments which may be relevant in ensuring that employees are kept informed
and consulted regarding developments.

Firstly, Council Directive 2001/23/EC (1) (which consolidates two earlier Directives on this issue) provides
that where it is proposed to transfer an undertaking, business or part of an undertaking or business both
the transferor and the transferee shall be required to inform the representatives of their respective
employees affected by the transfer of the date of the transfer, the reasons for it, its implications for the
employees and any measures envisaged in relation to them. The transferor must give this information in
good time, before the transfer is carried out, while the transferee must give it before his employees are
directly affected by the transfer.

Where either the transferor or the transferee envisages measures in relation to their employees they must
consult the representatives of the employees in good time on such measures with a view to reaching an
agreement.

Secondly, under the terms of Council Directive 98/59/EC (2) (which also consolidates two earlier Directives
on the issue), an employer contemplating collective redundancies is obliged to begin consultations with the
workers’ representatives in good time. Such consultations should cover ways of avoiding or reducing the
number of workers affected and mitigating the consequences.

As regards Council Directive 94/45 (3) concerning European works councils to which the Honourable
Member refers, as far as the Commission can ascertain a European works council has not been established
in the group to which the Honourable Member refers. The Directive provides that the central management

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Official Journal of the European Union

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of a Community-scale undertaking or group of undertakings shall initiate negotiations for the establish-
ment of an European works council
least 100 employees or their
representatives in at least two Member States.

if requested to do so by at

Any alleged breach of the national legislation implementing any of the above- mentioned Directives would
fall to be pursued, in the first instance, with the relevant authorities in the Member State concerned.

(1) Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating
transfers of undertakings, businesses or parts of

to the safeguarding of employees’ rights in the event of
undertakings or businesses, OJ L 82, 22.3.2001.

(2) Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to

collective redundancies, OJ L 225, 12.8.1998.

(3) Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a
procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of
informing and consulting employees.

(2003/C 52 E/066)

WRITTEN QUESTION E-1304/02

by Kathalijne Buitenweg (Verts/ALE) to the Commission

(7 May 2002)

Subject: Financial accountability of the EU for various aid to nuclear facilities

The European Union provides financial and organisational support to various nuclear facilities in the
current Member States of the EU and in the countries of Central and Eastern Europe. It assists with the
operation of modern facilities and the decommissioning and dismantling of redundant, old and/or unsafe
complexes. Many nuclear power stations which have received substantial European resources for their
operation over a long period are now being or will eventually be decommissioned. In this case, a further
application can be made for considerable European financial support.

Although large sums of money are involved, the European Union’s financial accountability for the support
provided to nuclear installations is somewhat opaque. In addition,
it is unclear how much money is
disbursed through the European Investment Bank for these purposes.

1.
Can the Commission provide a clear and comprehensive statement of the resources spent by the
European Union on the start-up, operation, improvement, decommissioning and dismantling of nuclear
power installations in the Union, the applicant countries and other countries of Central and Eastern Europe
and the CIS, starting in 1990 and broken down by Community programme (for instance, TACIS and
PHARE)?

2.
Can the Commission also provide, on the basis of the breakdown outlined in paragraph 1, details of
the amounts that the European Investment Bank (EIB) has invested in activities relating to the start-up,
operation, upgrading, decommissioning and dismantling of nuclear power station facilities in the Union,
the candidate countries and other countries of Central and Eastern Europe and the CIS?

Answer given by Mr Verheugen on behalf of the Commission

(27 June 2002)

Neither under the PHARE and TACIS programmes, nor within the Union itself, has any Community or
European Investment Bank (EIB)
financial support been provided for the start-up of nuclear power
installations. Community assistance is generally focused on nuclear safety issues, as stated in the
Communication from the Commission to the Council and the Parliament on ‘Commission support to