WRITTEN QUESTION E-2447/02 by Glyn Ford (PSE) to the Commission. Lone Worker protection.
Date: 2002-08-29
Institutions: European Parliament, Provisional data
Subjects: EC Directive, application of EU law, labour law, non-standard employment, occupational health, occupational safety

C 192 E/62

Official Journal of the European Union

EN

14.8.2003

fight against drug-running. This fight is being hindered by the refusal of the EU to provide the latest night-
sight technology to help in the interception of those illicitly crossing the border with drugs. Does the
European Commission consider that access to such technology poses a serious threat to EU security?

Answer given by Mr Lamy on behalf of the Commission

(15 October 2002)

Under Council Regulation (EC) No 1334/2000 of 22 June 2000 setting up a Community regime for the
control of exports of dual-use items and technology (1) a licence is required for the exportation of civil
items that can also be used for military purposes. Articles 4 and 5 of the Regulation allow Member States
to impose a prior-authorisation requirement for the exportation of dual-use items not listed in the Annexes
to the Regulation as it stands or subsequent amended versions. Under Article 6, export authorisations must
be granted by the Member State in which the exporter is established.

Hi-tech night-sight glasses can indeed be classified as items incorporating technology that could be used
for military purposes. Accordingly, Regulation (EC) No 1334/2000 and subsequent amendments may be
applied to exports of these glasses. Under the Regulation, the Member States may forbid the glasses
referred to in the written question from being exported. Article 9 of
the Regulation provides for
consultation among the Member States in cases where one Member State has withheld authorisation to
export to a non-member country in a particular case. The Community does not issue licences itself and has
no power to decide whether any export bans imposed by the Member States are appropriate or not.

(1) OJ L 159, 30.6.2000.

(2003/C 192 E/060)

WRITTEN QUESTION E-2447/02

by Glyn Ford (PSE) to the Commission

(29 August 2002)

Subject: Lone Worker protection

Is the Commission proposing any new legislation concerning the health and safety of Lone Workers?

If so, can it specify what it is planning to do?

If not, is it likely to consider proposing legislation on this subject at some point in the future?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(16 September 2002)

The Community health and safety of workers at work directives, more than 30, are applicable to lone
workers. Especially, 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), which contains general principles
concerning the prevention of occupational risks, the protection of safety and health, the elimination of risk
and accident factors, the information, consultation, balanced participation and training of workers and
their representatives. All of these principles are applicable to lone workers.

The same Directive points out, among the employers’ obligations, the need to produce a workplace risk
assessment and to develop a coherent prevention policy which covers technology, work organization,
working conditions, social relationships and the influence of factors related to the working environment.
This enables the prevention policy to be tailored to workers’ health and safety needs, including those of
lone workers.

14.8.2003

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Official Journal of the European Union

C 192 E/63

Another employers’ obligation established by the Directive is the need to adapt the work to the individual,
with a view, in particular, to alleviating monotonous work and to reducing their effect on health. This is
an issue of a great relevance for lone workers.

Therefore, the Commission does not intend to propose new legislation concerning the health and safety of
lone workers, as they are already covered by the existing health and safety directives.

(1) OJ L 183, 29.6.1989.

(2003/C 192 E/061)

WRITTEN QUESTION P-2457/02

by Maurizio Turco (NI) to the Commission

(26 August 2002)

Subject: Clarification of the answer to Written Question P-2104/02 on ‘Violations of the rule of law and

democracy in Italy and Articles 6 and 7 of the TEU’

The TEU stipulates that the Commission may propose to the Council that it ‘determine the existence of a
serious and persistent breach by a Member State of principles mentioned in Article 6(1)’ but does not, in
other words, oblige the Commission to do so.

The Italian Constitutional Court operated without the full complement of 15 members required by the
Constitution and was convened and handed down rulings with 13 members between 21 November 2000
and 24 April 2002, which undoubtedly amounts to a considerable time.

Politically legitimate though it may be, the agreement to which the Commission refers in its answer to
Written Question P-2104/02 (1) is plainly unconstitutional because, under a mandatory provision of the
Constitution, the Chamber of Deputies has to have 630 members, whereas the ‘agreement’ states that the
Chamber will consist of 617 members for the current parliamentary term.

The Commission:

(cid:1) Has it had the opportunity to discuss the Italian situation, especially in the light of the manifest and
prolonged violation of the Italian Constitution, as described above, with a view to deciding whether it
should propose that the Council ‘determine the existence of a serious and persistent breach by a
Member State of principles mentioned in Article 6(1)’? If so, what has made it decide not to propose
that the Council determine that the principles concerned have been breached? If not, does the
Commission believe that violations of the kind described fall outside the responsibilities conferred on
it for the purposes of the TEU;

(cid:1) How does it proceed in order to ascertain whether breaches have occurred, or can it answer the
question already put to it, namely ‘[does] it already [have] or is [it] considering acquiring any
instruments to monitor respect for the principles referred to in Article 6 of the Treaty on European
Union’?

(1) OJ C 28 E, 6.2.2003, p. 186.

Answer given by Mr Prodi on behalf of the Commission

(15 October 2002)

The Commission would refer the Honourable Member to its answer to written P-2104/02 (1)

(1) OJ C 28 E, 6.2.2003, p. 186.