WRITTEN QUESTION E-2785/03 by Armando Cossutta (GUE/NGL) to the Commission. Fatal accidents at work.
Date: 2003-09-17
Institutions: European Parliament, Provisional data
Subjects: accident prevention, criminal liability, employer, harmonisation of standards, labour law, labour standard, occupational accident, occupational safety

13.3.2004

EN

Official Journal of the European Union

C 65 E/217

(cid:1) whether it intends to take any official steps vis-à-vis the Beijing government, and if so, of what kind,
not least in the light of the request contained in the report adopted on 5 September 2003 by the
European Parliament, which calls on ‘the Council, the Commission and the Member States (…) to
provide for the imposition, in response to violations of religious freedom, of similar penalties and
sanctions to those prescribed since 1998 by the United States International Religious Freedom Act
(Public Law 105-292, 105th Congress)’?

Answer given by Mr Patten on behalf of the Commission

(22 October 2003)

The Commission thanks the Honourable Members for the information on the Chinese authorities’ policy
towards the Falun Gong movement.

Respect for human rights is a cornerstone of EU foreign policy. The EU has therefore paid very close
attention to the human rights situation in China, especially through the bilateral dialogue conducted with
China since 1996. The freedoms of belief and association figure high on the agenda at these meetings. In its
dealings with the Chinese authorities the EU has regularly raised cases of Falun Gong members prosecuted
for practising their faith. The Commission is aware of the 1998 US International Religious Freedom Act.
In its dealings with China, it will continue to use dialogue as the most appropriate means of putting across
its position on the issue to the country’s representatives.

(2004/C 65 E/232)

WRITTEN QUESTION E-2785/03

by Armando Cossutta (GUE/NGL) to the Commission

(17 September 2003)

Subject: Fatal accidents at work

Every day and increasingly frequently accidents occur at the workplace. More and more people are being
killed, seriously injured or disabled. These accidents are mainly caused by failure on the part of businesses
to comply with requirements concerning the safety of workers, as well as by an increasingly hectic pace of
work and a heavy workload. For these reasons such accidents are aptly referred to in Italian as ‘omicidi
bianchi’ (white murders).

In view of the legal bases the Commission needs to take action in this area, it may consider that various
liability, have an impact on distortions of the rules of
provisions on the subject,
competition.

including criminal

What steps will the Commission take to harmonise legislation on safety at the workplace, the criminal
liability of negligent employers who cause such fatal accidents and compensation for victims’ families?

Answer given by Mr Diamantopoulou on behalf of the Commission

(15 October 2003)

The Commission agrees with the Honourable Member that the reduction of occupational accidents, and in
particular fatal ones, should be a priority. In line with this, 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)
imposes on the employer the obligation to be in possession of an assessment of the risks to safety and
health at work. In carrying out this obligation, the employer shall take the measures necessary for the
safety and health protection of workers,
including prevention of occupational risks and provision of
information and training, as well as provision of the necessary organisation and means.

C 65 E/218

Official Journal of the European Union

EN

13.3.2004

Moreover, the employer, as provided in this Directive, should keep a list of occupational accidents
resulting in a worker being unfit for work for more than three working days. The same Directive
establishes that the employer shall draw up, for the responsible authorities and in accordance with national
laws and/or practices, reports on occupational accidents suffered by his workers.

Several other health and safety Directives have a role in occupational accident prevention. For example:
Council Directive 89/654/EEC of 30 November 1989 concerning the minimum health and safety
requirements for the workplace (2) and Council Directive 89/655/EEC of 30 November 1989 concerning
the minimum safety and health requirements for the use of work equipment by workers at work (2).

As the Honourable Member is aware, Union Directives on health and safety at work have to be transposed
into national law. It is the responsibility of national authorities to ensure adequate controls and supervision
of the implementation of the national legislation. The Commission does not enjoy any powers in the field
law, or in relation to compensation schemes in case of occupational accidents, which fall
of criminal
entirely within the responsibility of national authorities.

(1) OJ L 183, 29.6.1989.
(2) OJ L 393, 30.12.1989.

(2004/C 65 E/233)

WRITTEN QUESTION P-2786/03

by Manuel dos Santos (PSE) to the Commission

(17 September 2003)

Subject: Revision of the stability and growth programme

The Portuguese authorities recently made a public announcement to the effect that the Commission had
been notified of a budget deficit for the current year equivalent to 2,944 % of GDP.

This percentage was achieved only through the inclusion of exceptional revenue, an operation which
evidently cannot be repeated.

Such revenue includes the Government’s intention to incorporate the CTT pension fund into state revenue,
amounting to around EUR 930 million, or 0,7 % of GDP.

It appears that authorisation for this financial operation has already been requested from the Commission.

The Commission:

1. Can it confirm that it has received a request from the Portuguese Government for authorisation for

this financial operation?

2. Was this request supported by an opinion from the General Retirement Fund on the long-term impact

of transferring the corresponding social obligations to the State?

3. Has any announcement been made to the effect that an independent capitalisation fund is to be set up

to guarantee the obligations taken on by the State as a result of this transfer operation?

4. Has a Eurostat opinion been drawn up on the matter, and if so, has this opinion already been

forwarded to the Portuguese Government?

5.

If authorisation is granted for this revenue to be included in the calculations, will the Commission
make it subject to any conditions? If so, what conditions will apply?