WRITTEN QUESTION P-3910/03 by Amalia Sartori (PPE-DE) to the Commission. Domestic accidents and workplaces.
Date: 2003-12-10
Institutions: European Parliament, Provisional data
Subjects: accident in the home, health policy, housewife

27.3.2004

EN

Official Journal of the European Union

C 78 E/671

(2004/C 78 E/0714)

WRITTEN QUESTION E-3903/03

by Roberta Angelilli (UEN) to the Commission

(17 December 2003)

Subject: Disparities in the treatment of debts by banks in connection with Democratici di Sinistra’s unpaid

debts

In 1996 the Italian party Democratici di Sinistra (DS) entrusted Beta Immobiliare, a company set up in
1995 with the remit of purchasing, building, managing, transferring and selling property and property
rights of all kinds, with the job of putting its accounts in order. With a view to achieving this, the DS
party’s local federations entrusted Beta Immobiliare with a considerable number of properties, the proceeds
from the sale of which would be used to bring the party’s accounts out of the red. However, this recovery
plan failed. The creditor banks include Monte dei Paschi di Siena, which is owed 27 instalments amounting
to several million euro on the four loans it has made to the party. Despite the huge sum involved, the
decision-makers at the bank do not appear to wish to demand that the outstanding amounts be paid, and
the Bank of Italy’s supervisory authorities have failed to take any action on the matter. What is more, the
secretary-general of the DS, Mr Fassino, recently proposed that the party be given a 50 % rebate on the
debt, with a view to tackling this situation. Although the proposal has not yet been formally accepted, the
banks are clearly entertaining the possibility of doing so.

Under these circumstances can the Commission answer the following questions:

1. The normal practice is for banks to instigate recovery proceedings against a client who is in arrears,
right from the second unpaid instalment. In this instance, however, no such action has been taken.
Would the Commission not agree that this is in breach of the principle of equal treatment for
consumers, in that those in a position of power receive preferential treatment while ordinary members
of the public are obliged to pay sometimes very high rates of interest, together with charges on every
bank transaction and penalties should they ever fall into arrears?

2. Would the Commission clarify the European banking laws applying in this instance, with particular

reference to provisions on the protection of consumers in their dealings with banks?

3. Can this situation be viewed as a case of ‘overindebtedness’, on which the Economic and Social
Committee has on several occasions given its opinion and on which it has often asked the
Commission to take action?

Answer given by Mr Byrne on behalf of the Commission

(5 February 2004)

The matters raised by the Honourable Member fall outside the scope of Community competence.

As the parties involved are not natural persons acting outside their business or professional activities, the
Community provisions governing consumer protection to which the Honourable Member refers are not
applicable.

(2004/C 78 E/0715)

WRITTEN QUESTION P-3910/03

by Amalia Sartori (PPE-DE) to the Commission

(10 December 2003)

Subject: Domestic accidents and workplaces

Domestic accidents, not only in Italy but world wide, have taken on alarming proportions.

C 78 E/672

Official Journal of the European Union

EN

27.3.2004

Statistics show that each year well over three million people are affected by such accidents. Of these more
than seven thousand die as a result of the accident. As the World Health Organisation points out this type
of incident, which affects all age groups, is the main cause of death among young children in developed
countries although the worst affected are housewives.

The causes of such accidents are varied. Some are due to absent-mindedness, carelessness,
lack of
awareness of and/or respect for safety standards, the presence in the home of dangerous equipment or
chemical substances. However, they are also very often due to an inadequate safety and prevention culture.

Given that housewives form part of a category of workers who often are not adequately protected, a major
step forward might be to consider the domestic environment as a ‘workplace’, contrary to what is
stipulated in Council Directive 98/24/EC (1) of 7 April 1998 on the protection of the health and safety of
workers from the risks related to chemical agents at work.

Under the Italian law of 3 December 1999 (No 493) on health protection standards in the home and
establishment of insurance against domestic accidents (2), the domestic environment is considered to
constitute a workplace.

What does the Commission intend to do in this respect?

Does it consider it appropriate to take action in support of housewives along the lines of the relevant
Italian legislation?

(1) OJ L 131, 5.5.1998, p. 11.
(2) Published in Official Gazette No 303 of 28 December 1999.

Answer given by Ms Diamantopoulou on behalf of the Commission

(19 January 2004)

The Commission shares the Honourable Member’s concern about the number of accidents in the home.

The protection of workers at work is governed by framework 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)
and its 17 individual Directives, adopted pursuant to Article 16(1). According to Article 3 of the
framework Directive, a worker is ‘any person employed by an employer, including trainees and apprentices
but excluding domestic servants’. Housewives, not being employed by an employer in accordance with the
definition in Directive 89/391/EEC, do not therefore come within its scope or that of the individual
Directives based on it, in particular Council Directive 98/24/EC of 7 April 1998 on the protection of the
health and safety of workers from the risks related to chemical agents at work (2), mentioned by the
Honourable Member.

It goes without saying that Member States are free to adopt specific measures to protect women’s health
and safety in the home. The case described by the Honourable Member, i.e. the Italian law of 3 December
1999 (No 493) on health protection standards in the home and establishment of insurance against
domestic accidents, is very interesting and could act as an example for other Member States.

However, as the Community legislation in the area of health and safety is based on Article 137 of the EC
Treaty, which provides only for the adoption of minimum standards for the protection of workers, the
Commission does not envisage taking any specific measures at Community level to include the home
environment in the definition of a workplace.

(1) OJ L 183, 29.6.1989.
(2) OJ L 131, 5.5.1998.