WRITTEN QUESTION E-3006/02 by Hiltrud Breyer (Verts/ALE) to the Commission. Complaint 2002/427 concerning pollution at a school — infringement of Directive 89/391/EEC and the Convention on the Rights of the Child.
Date: 2002-10-23
Institutions: European Parliament, Provisional data
Subjects: building materials, child, educational institution, health risk, pollution, public health, toxic substance

18.9.2003

EN

Official Journal of the European Union

C 222 E/33

Answer given by Mrs Wallström on behalf of the Commission

(20 November 2002)

Although differing interpretations of the requirements of the Council Directive 79/409/EEC of 2 April
1979 on the conservation of wild birds would appear to have contributed to some controversies
surrounding its implementation, especially as regards its hunting provisions, other factors have also played
a role. These include the failure of some Member States to correctly transpose and adequately enforce the
different provisions of the Directive. There is also still a frequent lack of good scientific information on
bird populations and aspects of their biology, such as migration and reproduction periods, to underpin
correct application of the Directive in some Member States.

Justice providing definitive
There is already a considerable amount of case law from the Court of
including those relating to hunting. The guidance
interpretation of the provisions of the Directive,
document on hunting, which is being prepared by the Commission, with assistance from experts of
Member States and key stakeholder groups, is intended to facilitate the future application of the Directive
as it will provide a comprehensive overview of hunting within the framework of the Directive. In this
regard it will refer to the relevant case law, as well as describing the legal, scientific and conservation
principles that underpin the management of hunting under the Directive. While providing this clarity the
guide fully recognises that it rests with the Court of Justice to provide definitive interpretation of a
Directive.

The Commission intends to make the guide available to each Member State as well as to the different key
stakeholders, which should help ensure that interpretations do not differ widely in the future. It is the
Commission’s hope that the guide will assist Member States in achieving a consistent application of the
Directive and thereby avoiding misunderstandings such as those that have happened in the past. The
Commission will, nevertheless, in its role as guardian of the EC Treaty, continue to monitor the application
of the Directive in each Member State and to take the necessary measures where there are failures of
compliance.

The Commission is also continuing to promote a constructive dialogue on sustainable hunting under the
Directive between the different key stakeholders, including representatives of hunter and bird protection
societies. This is aimed at working in partnership to deliver a series of scientific, conservation and
management, as well as education and awareness measures on sustainable hunting, while at the same time
securing the Directive’s primary objective of conserving the Community’s shared heritage of wild birds.

There are at present no plans to amend the Directive other than to introduce adaptations to its Annexes,
on the basis of proposals from the candidate countries, with the enlargement of the Union.

(2003/C 222 E/038)

WRITTEN QUESTION E-3006/02

by Hiltrud Breyer (Verts/ALE) to the Commission

(23 October 2002)

Subject: Complaint 2002/427 concerning pollution at a school (cid:1) infringement of Directive 89/391/EEC

and the Convention on the Rights of the Child

Schoolchildren at the Nideggen Schulzentrum are at daily risk from harmful emissions in the building.
In spite of extensive action taken by the parents’ association (proof of the contamination, involvement of
public authorities and ministries), the relevant bodies are taking no steps whatsoever to eliminate the
source of danger.

How does the Commission view the fact

1.
contamination in the workplace, but does not apply to schoolchildren?

that Article 3a of Directive 89/391/EEC (1) covers

Are children not in a worse position than adults with regard to their rights, especially considering

2.
that their organs are much less able than adult organs to tolerate pollutants?

C 222 E/34

Official Journal of the European Union

EN

18.9.2003

How does the Commission view this situation in the light of the Convention on the Rights of the

3.
Child?

How does the Commission view the fact that, through the offensive odour alone, the children are

4.
being hindered in their learning and therefore denied equal opportunities with pupils at other schools?

(1) OJ L 183, 29.6.1989, p. 1.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(6 December 2002)

The Commission is very sensitive to the need to invest in the future, well-being and education of our
children. However, problems concerning the health and safety of schoolchildren do not come under its
jurisdiction, but are a matter for the Member States.

As mentioned by the Honourable Member, existing Community legislation on health and safety at work
to schoolchildren. Problems relating to the health and safety of
applies only to workers and not
schoolchildren are not a matter for the Community, but must be addressed at national level. However, in
the case of the Nideggen school complex, in addition to the Honourable Member’s complaint, a connected
complaint has been made by a teacher. As the teacher is a worker, the Commission has contacted the
German authorities in order to check that 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 is being
applied correctly.

The Commission would also like to draw attention to its successful court case (C-5/00), the purpose of
which was to ensure that German legislation was brought in line with the provisions of the above-
mentioned Directive;
this testifies to the Commission’s concern to ensure correct application of
Community legislation in the Member States.

The Commission is fully aware of the importance of the subject of ‘the environment and children’s health’
and is committed to making it one of the main points of its political agenda.

The Commission is due to prepare a communication on environment and health,
in which special
attention will be devoted to vulnerable groups, including children. The need to give more consideration to
children in the process of decision making and policy development is clear, and the communication will
present a suitable action plan on the quality of the ambient air, particularly where children are concerned.

This communication will be published in 2003.

(2003/C 222 E/039)

WRITTEN QUESTION E-3017/02

by Luciano Caveri (ELDR) to the Commission

(23 October 2002)

Subject: Protected designation for craft products

European rules enabling consumers clearly to identify food products with protected designations of origin
have been in existence for ten years now, backed up by a verification and control system. However, no
such arrangements exist for traditional craft products, which are of significant importance to the European
economy and for which appropriate European rules should be laid down, in order to protect them against
imitation and counterfeiting. What are the Commission’s views on the matter?

Answer given by Mr Liikanen on behalf of the Commission

(14 November 2002)

The Commission shares the Honourable Member’s opinion that the craft sector plays an important role in
the Union.