WRITTEN QUESTION E-3637/03 by Torben Lund (PSE) to the Commission. Working environment for employees handling preservatives.
Date: 2003-12-09
Institutions: European Parliament, Provisional data
Subjects: food industry, health risk, occupational health, occupational safety, preservative, working conditions, workplace

C 78 E/304

Official Journal of the European Union

EN

27.3.2004

The Greek press has reported that associations of cooperative members are already making moves in the
direction of an appeal to the Court of Justice of the European Communities. Is it consistent with EU
legislation that thousands of Greek nationals (EU citizens) have been paying subscriptions (cid:1) for decades!
(cid:1) without so far receiving any assets? Which provision in EU legislation might they invoke in support of
their claims?

(1) See page 179.

Answer given by Mr Byrne on behalf of the Commission

(15 January 2004)

On the basis of the information provided by the Honourable Member, it does not appear that the situation
described is covered by a specific consumer protection Community legislation.

For the rest, and although it sympathises with the predicaments of the people affected by such a difficult
situation, the Commission is not empowered to take action in the case of private disputes between
companies/professionals and consumers.

This matter, being an internal issue and taking into account the principle of subsidiarity, appears to be
solely for the national authorities concerned and in particular the national jurisdictions. If, at a later stage,
a national
jurisdiction considers that the case raises a question of Community law and encounters
problems of interpretation, it can make use of the preliminary ruling procedure and bring its questions
before the Court of justice.

(2004/C 78 E/0306)

WRITTEN QUESTION E-3637/03

by Torben Lund (PSE) to the Commission

(9 December 2003)

Subject: Working environment for employees handling preservatives

The EU has in many areas helped secure a better working environment
in European companies.
Unfortunately, problems still exist because the rules are not obeyed, are inadequate or because there is a
lack of knowledge about
in industries producing foodstuffs and
preservatives.

in particular

sectors, e.g.

risks

In this connection, can the Commission disclose its knowledge of health hazards in the workplace for
employees working with preservatives and does it have knowledge of incidents where the employer has
not implemented existing safety provisions in this sector? Does it have knowledge of surveys of this area
or does it have plans to carry out new surveys of the working environment in this sector? Lastly, can it
state when it plans to submit new proposals for improving the working environment for the benefit of the
health of employees?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(15 January 2004)

The Commission agrees with the Honourable Member on the importance of preventing possible
occupational hazards in the food industry. In this line, Council Directive 89/391/EEC of 17 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.

27.3.2004

EN

Official Journal of the European Union

C 78 E/305

Directive 89/391/EEC also establishes an employer obligation to draw up, for the responsible authorities
and in accordance with national laws and/or practices, reports on occupational accidents suffered by their
workers. Member States shall report to the Commission every five years on the practical implementation of
the provisions of this Directive, indicating the points of view of employers and workers. No reporting has
been made by Member States to the Commission on incidents where the employer has not implemented
existing safety provisions in industries using preservatives.

Another health and safety Community initiative, Council Directive 98/24/EEC of 7 April 1998 on the
protection of the health and safety of workers from the risks related to chemical agents at work (2), may
have amongst others a role in controlling the potential risks from food preservatives in the workplace.

The Commission considers that these directives provide adequate protection for the health of employees in
the food industry. 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.

A recent initiative to raise awareness on the risk of dangerous substances at the workplace has been the
European Week for Safety and Health at Work 2003 co-ordinated by the European Agency for Health and
Safety at Work. Events were organised in all Member States and the Agency has produced information
materials that are available from its website: http://osha.eu.int/ew2003.

Finally, the Commission announced in its Communication ‘Adapting to change in work and society: a new
Community strategy on health and safety at work 2002-2006’ (3) that the European Agency for Health and
Safety at Work will set up a ‘risk observatory’, based on examples of good practice collected from firms or
specific branches of activity.

(1) OJ L 183, 29.6.1989.
(2) OJ L 131, 5.5.1998.
(3) COM(2002) 118 final.

(2004/C 78 E/0307)

WRITTEN QUESTION E-3639/03

by Michl Ebner (PPE-DE) to the Commission

(9 December 2003)

Subject: Pollution in Wipp and Eisack valleys (Austria and Italy)

Fine dust particles are known to be especially damaging to human health and to the natural environment.
A representative example of a now widespread phenomenon is that motorway traffic in North and South
Tyrol accounts for half the level of particle emissions for the entire region. The Brenner motorway, a major
north-south axis, cuts a wide gash through the narrow Wipp and Eisack valleys. It is responsible for 30 %
of hazardous emissions, and by releasing 13 000 tonnes of combustion residues annually, places these
valleys under enormous strain. The frequent and sustained temperature inversions and persistent periods of
low wind velocity that result from the geological structure of the Alpine valleys tend to impede or even
prevent the dispersal and dilution of such particles. The serious impact on human beings and the natural
environment of pollution from noise and hazardous particles generated by the enormous traffic volumes
cannot be underestimated.

The Commission is asked:

(cid:1) Is it proposed that more stringent standards will be introduced for motor-vehicles and their exhaust

emissions, and if so in what form?

(cid:1) What measures are being taken to improve vehicle performance in the road-haulage industry?