WRITTEN QUESTION E-3534/03 by José Ribeiro e Castro (UEN) to the Commission. Portuguese workers abroad.
Date: 2003-11-28
Institutions: European Parliament, Provisional data
Subjects: Portugal, labour law, labour mobility, provision of services, temporary employment, worker (EU), worker information, working conditions

C 78 E/296

Official Journal of the European Union

EN

27.3.2004

The Commission has, therefore, given priority to improving ‘Accessibility to the public built environment’
in its Communication ‘Equal opportunities for people with Disabilities: A European Action Plan’ (1) adopted
on 30 October 2003.

The Commission undertakes, inter alia, to promote Design for All, which is a concept that takes into
consideration (cid:1) with accessibility as a general objective (cid:1) questions related to health and safety. Further
measures are related to the development of adequate European standards in all areas related to the built
environment,
including planning, design, construction and use of buildings, and safety evacuation
procedures for people with disabilities. In addition, it is foreseen to review the essential requirements laid
down in Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations
to include
and administrative provisions of
provisions on accessibility for all.

the Member States relating to construction products (2)

Furthermore, the Commission recently set up an expert group to examine aspects of accessibility in the
Member States. The report of this group, entitled ‘2010: A Europe Accessible for All’ has been published
and is available on the Commission’s website:
(http://europa.eu.int/comm/employment_social/index/
final_report_ega_en.pdf).

(1) COM(2003) 650 final.
(2) OJ L 40, 11.2.1989.

(2004/C 78 E/0298)

WRITTEN QUESTION E-3534/03

by José Ribeiro e Castro (UEN) to the Commission

(28 November 2003)

Subject: Portuguese workers abroad

The Portuguese press claims that a growing number of Portuguese workers are being tricked by temporary
job agencies, who place them abroad in exploitative situations.

The UK is apparently one of the first Member States where these problems came to light. Since then, there
have been accusations of exploitation of Portuguese workers in the Spanish farming industry,
in
floriculture and the building and machine industry in the Netherlands, in Italian shipyards, in France, and
most recently, in Iceland, in tunnel and dam building projects.

Apparently promises of higher salaries and good working conditions are used to lure ‘taxi’ companies, so
called because they appear and quickly vanish, without giving the Portuguese General Labour Inspectorate
time to react.

Despite a substantial stepping up of General Labour Inspectorate activity, the belief is that the transnational
network modus operandi of many ‘taxi companies’ means that there needs to be better coordination and
exchange of information and experience between similar services in the countries of origin and the host
countries.

The Commission:

(cid:1) What information does it have about the exploitation of Portuguese workers abroad?

(cid:1) Is it weighing the possibility of providing any special aid for potential more serious human situations?

(cid:1) What steps has it taken or will it take to guarantee the correctness of the contracts binding these

workers, and the quality of their working conditions concerned?

(cid:1) Has it made any contact with the host countries, with a view to alerting them to the possibility that

these workers may be in exploitative situations?

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Official Journal of the European Union

C 78 E/297

(cid:1) How does it intend to help fight the proliferation of ‘taxi companies’ illegally recruiting workers,

which are competing unfairly with legal temporary job companies?

(cid:1) Is it considering adopting any new ways of alerting European workers to the inherent risks of being

recruited for temporary work by illegal agencies?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(12 January 2004)

The Commission deplores the fraud described by the Honourable Member, which, it has recently learned,
seems to be on the increase in relation to Portuguese workers. However, the Commission must point out
that monitoring compliance with working and employment conditions is primarily the responsibility of
the national authorities.

It is not clear from the question whether the situations described fall within the scope of Directive 96/71/
EC (1) concerning the posting of workers in the framework of the provision of services. Insofar as this is
the case, the system of cooperation on information established by Article 4 of this Directive applies. Such
cooperation consists in particular of replying to requests from monitoring authorities for information on
the transnational hiring-out of workers,
including abuses or possible cases of unlawful transnational
activities. The Commission facilitates this process with its own resources by linking the various monitoring
authorities. To this end, and in order to solve the practical problems encountered by the national
authorities in this area, a group of government experts has been set up at the initiative of the Commission
to examine these questions in greater detail.
It is also looking at ways of gaining easier access to
information on the working and employment conditions applicable in the host country.

(1) Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of

workers in the framework of the provision of services, OJ L 18, 21.1.1997.

(2004/C 78 E/0299)

WRITTEN QUESTION E-3535/03

by José Ribeiro e Castro (UEN) to the Commission

(28 November 2003)

Subject: Humana Milchunion (cid:1) infant health

The Israeli press reports that the German company Humana Milchunion, which manufactures a soya-based
milk substitute for babies for the Israeli company Remedia, has acknowledged its responsibility for
vitamin B1 deficiencies and mistakes in the quality control process for the product. The Israeli Health
Ministry believes that the lack of vitamin B1 killed three infants and damaged the central nervous system
of several more. For the moment, some 20 children in total are believed to be affected.

The same source reports that Humana Milchunion has acknowledged that an independent laboratory
demonstrated that their ‘Super Soya 1’ formula contained only 29 to 37 micrograms of vitamin B1 per
100 g of product, although the label stated that the vitamin B1 content was 385 micrograms; furthermore,
Humana Milchunion was apparently cooperating fully with the Israeli-German investigation of the case,
and wished to see those responsible for the mistakes duly punished.

Remedia claims that the change in the formula must have been due to the mistaken conclusion that the
soya itself must already contain sufficient quantities of vitamin B1, and that no further B1 needed to be
added.

Apparently, the problem was initially detected in Israel, because Human Milchunion, despite planning to
make the same change to the formula for all its products, began the changeover with their line of kosher
products destined for the Israeli market, since they were particularly popular amongst orthodox Jews.