WRITTEN QUESTION E-2132/02 by Bartho Pronk (PPE-DE) to the Commission. Working Time Directive and volunteers.
Date: 2002-07-17
Institutions: European Parliament, Provisional data
Subjects: EU law, Netherlands, arrangement of working time, interpretation of the law, labour law, national implementing measure, unpaid work, voluntary work

12.12.2002

EN

Official Journal of the European Communities

C 309 E/203

Although the information provided by Eurocontrol and the service providers points to a consistently high
level of safety, the European system does have several shortcomings:

(cid:1) air traffic control capacity has not been sufficiently increased to deal with the growth in traffic;

(cid:1) control centres are not sufficiently interoperable at present, mainly because so many different systems

are in use;

(cid:1) the present configuration of airspace (control areas and routes) dictated by national interests does not

minimise conflict situations and the risk of accident;

(cid:1) the ‘privatisation’ of service providers has not been accompanied by the setting up of national
supervisory bodies responsible for ensuring that the rules are observed and imposing penalties when
they are not.

The aim of the Single European Sky initiative is to improve the situation, i.e. increase capacity, improve
interoperability (of systems and procedures), organise airspace more efficiently and ensure that the rules
are being correctly observed.
It will enable common rules to be introduced regarding procedures,
equipment and training and provide for contingency planning to reduce the risk of accident and guarantee
a high level of safety.

Following recent events, on 12 September 2002 the Commission will meet with the Directors-General for
Civil Aviation from the Member States and countries associated with the Union (Switzerland, Norway and
Iceland) to discuss air transport safety issues.

(2002/C 309 E/234)

WRITTEN QUESTION E-2132/02

by Bartho Pronk (PPE-DE) to the Commission

(17 July 2002)

Subject: Working Time Directive and volunteers

In its reply to Written Question E-1241/00 (1) by Mrs Lynne, the Commission stated that Directive 93/104/
EC (2) does not recognise the concept of ‘voluntary work’. Indeed, this may indirectly be deduced from the
directive itself, Article 7 of which lays down that Member States shall take the necessary measures to
ensure that all workers are entitled to at least four weeks’ paid leave per annum. It may be concluded from
In the Netherlands, this directive was
this article that volunteers are not covered by the directive.
transposed by the Working Hours Act of 23 November 1995. Section 1(1) of the Act lays down that the
definition of ‘employer’ includes any person who, without being an employer or employee as referred to in
the first paragraph, causes another person to perform work under his authority. The Ministry of Social
Affairs and Employment interprets this provision so restrictively that in many cases volunteers are covered
by it, with the unfortunate result that voluntary work is seriously impeded.

Does the definition given in Section 1(1) of the Netherlands Working Hours Act comply with

1.
European legislation?

2.
Is not voluntary work by definition incompatible with the word ‘authority’, as it consists of work
carried out without compulsion, of the individual’s own free will and without pay, whereas authority
implies the potential exercise of power, which cannot apply in relation to a volunteer, who may at any
time decide not to continue to perform the work?

3.
Is the way in which the Ministry of Social Affairs interprets and applies Section 1(1) of the
Netherlands Working Hours Act, particularly with regard to voluntary work, compatible with European
law?

Are the Netherlands authorities right to invoke European law with reference to the formulation,

4.
interpretation and application of this section?

(1) OJ C 46 E, 13.2.2001, p. 153.
(2) OJ L 307, 13.12.1993, p. 18.

C 309 E/204

Official Journal of the European Communities

EN

12.12.2002

Answer given by Mrs Diamantopoulou on behalf of the Commission

(27 August 2002)

Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of
working time (1) applies to all workers within the scope of Article 2 of Directive 89/391/EEC (2).

Directive 93/104/EC does not contain a definition of the term ‘worker’. The applicable definition is found
in Article 3(a) of Directive 89/391/EEC, which states that ‘any person employed by an employer, including
trainees and apprentices but excluding domestic servants’ must be considered to be a worker.

In so far as ‘volunteers’ are considered to be ‘workers’ under national law, they are covered by both these
Directives.

However, with regard to directives laying down minimum standards, Community law does not prevent
Member States from applying their transposal legislation even to ‘volunteers’ who are not considered to be
workers.

(1) OJ L 307, 13.12.1993.
(2) 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, OJ L 183, 29.6.1989.

(2002/C 309 E/235)

WRITTEN QUESTION E-2158/02

by Mihail Papayannakis (GUE/NGL) to the Commission

(18 July 2002)

Subject: Civilian mobilisation

A few days ago the Greek Government announced ‘civilian mobilisation’ for sailors in a move to quell
strike action by them.

Civilian mobilisation:

(cid:1) infringes the essence of the right to personal freedom (Article 5 of the Constitution),

(cid:1) contradicts Article 22(4) of the Constitution, which prohibits any kind of forced labour,

(cid:1) violates the European Convention on Human Rights,

(cid:1) contravenes International Labour Convention No 105, which was ratified by Greece in 1961,

(cid:1) is permitted, under the Constitution, only in cases where the country must be defended or where there
is an urgent necessity caused by natural disasters or public health dangers; strike action does not fall
into these categories,

(cid:1) fundamentally contravenes certain articles of the Charter of Fundamental Rights, specifically:

(cid:1) Article 5 (cid:1) ‘No one shall be required to perform forced or compulsory labour’;

(cid:1) Article 6 (cid:1) ‘Everyone has the right to liberty’;

(cid:1) Article 12 (cid:1) ‘Everyone has the right to freedom of peaceful assembly … in particular in political

and trade union matters’.