WRITTEN QUESTION E-4062/03 by Alexandros Alavanos (GUE/NGL) to the Commission. Health and safety of workers — complaint 00/4404, SG(2000) A/3828/2.
Date: 2004-01-13
Institutions: European Parliament, Provisional data
Subjects: Greece, infringement procedure (EU), national implementing measure, occupational accident, occupational health, occupational safety

27.3.2004

EN

Official Journal of the European Union

C 78 E/907

these issues has until now all too often been tackled by making a distinction between the two kinds of
citizenship (cid:1) national citizenship and a parallel and secondary European citizenship (cid:1) and providing
different and non-coordinated solutions, which cause considerable administrative problems and enormous
disparities in treatment, despite the shared values which underlie the creation and growth of the Union.

In view of this apparent basic omission in the draft Constitution and the need to extend the debate on the
issues raised, so as to bring about as soon as possible the harmonisation of legislation in order to make the
rules on the subject the same for all the Member States, can the Commission say:

1. what

tangible measures have been taken to promote the harmonisation of

legislation on the

acquisition of national citizenship and the status of residents;

2. what developments there have been in the discussions on a uniform Community immigration policy;

3. what it thinks about the possibility of including the issue of European citizenship in the Constitution,

not least in view of its political, religious and social implications?

Answer given by Mr Vitorino on behalf of the Commission

(12 February 2004)

Guidelines for a common immigration and asylum policy were set at the Tampere European Council in
October 1999. This policy includes the element of fair treatment of third country nationals residing legally
on the territory of the Member States. The European Council conclusions state that the legal status of
legally resident third country nationals should be approximated to that of Member States’ nationals and
third country nationals should be granted a set of uniform rights, which are as near as possible to those
enjoyed by EU citizens.

With regard to acquisition of national citizenship, it should be noted that the Community does not have
legal competence to introduce harmonising legislation nor has this competence been included in the
current draft EU Constitution, and the Commission is therefore not envisaging any legislative measures in
this field in the near future.

Concerning the development of a uniform Community policy on immigration and the legal status of third-
country nationals, the Commission has worked towards achieving the targets set in Tampere and to this
end a number of policy measures and directives have been proposed by the Commission to ensure free
movement and basic economic and social rights for third-country nationals. In particular the Directive
concerning the status of third-country nationals who are long-term residents (1), is harmonising the legal
status of third-country nationals, who are resident in the EU.

The Commission is of the opinion that civic citizenship (comprising a common set of core rights and
obligations for third country nationals) and the granting of political rights is important for the integration
process.

(1) Commission proposal of 13.3.2001, COM(2001) 127 final. The Proposal was adopted by the Council on the

25 November 2003.

(2004/C 78 E/0959)

WRITTEN QUESTION E-4062/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(13 January 2004)

Subject: Health and safety of workers (cid:1) complaint 00/4404, SG(2000) A/3828/2

After examining complaint 00/4404, SG(2000) A/3828/2 and sending its representative to hold meetings
in Greece, the Commission reportedly decided to initiate an infringement procedure against the Hellenic
Republic and send it a letter of formal notice, to which the Greek Government has replied.

C 78 E/908

Official Journal of the European Union

EN

27.3.2004

In view of the increasing number of complaints and the commonly held belief in Greece that the
departments responsible for implementing Directive 89/391/EEC (1) on the health and safety of workers are
not performing their task satisfactorily and employers continue to breach the rules on health and safety at
work, what are the main points of the Commission’s letter of formal notice and what was the Greek
authorities’ answer?

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

Answer given by Mrs Diamantopoulou on behalf of the Commission

(20 February 2004)

As stated by the Honourable Member, with regard to complaint 2000/4404, the Commission has sent a
letter of formal notice to the Greek Government, to which the Greek authorities have replied.

The letter of formal notice concerns the application under Greek law of Council Directive 89/391/EEC of
12 June 1989 on the implementation of measures to encourage improvements in the safety and health of
workers at work (1), and the individual Directives adopted under it. In particular, it reiterates the Member
States’ obligation to ensure appropriate monitoring and surveillance of provisions adopted to transpose
Community directives. Failure to enforce such provisions, or failure to enforce them properly, constitutes
an infringement of Community law and may give rise to infringement proceedings before the Court of
Justice.

The Commission would like to inform the Honourable Member that it has officially asked the Greek
Government for its comments on this subject, especially details of the checks carried out and the
occupational accident rate.

The Greek authorities have provided detailed and reasoned replies to the letter of formal notice. In view of
the complexity of the matter, the Commission is currently examining the Greek authorities’ response and
will take the necessary action in the light of the results of this examination and taking account of any
information received subsequently.

(1) OJ L 183, 29.6.1989.

(2004/C 78 E/0960)

WRITTEN QUESTION E-4063/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(13 January 2004)

Subject: Workers on one-day contracts

The Greek organisations OPAP and ODIE have employed workers for a great many years on ‘one-day
contracts’, i.e. they have renewed their contracts every day for between 5 and 20 years. The outcome of
this strategy is that the workers are unable to enjoy their basic labour and social security rights, such as
maternity leave and benefit, on the grounds given by the social security organisations that they are
working on one-day contracts. These employment contracts are in flagrant violation of the Charter of
Fundamental Rights, Community legislation such as Directives 1999/70/EC (1), 76/207/EEC (2), 86/613/
EEC (3) and 92/85/EEC (4), and of the case-law of the Court of Justice.

Does the Commission consider such employment contracts to be acceptable? What measures will it take to
enable the above workers to enjoy all their labour rights? Can the provisions of Directive 1999/70/EC be
applied to those workers?

(1) OJ L 175, 10.7.1999, p. 43.
(2) OJ L 39, 14.2.1976, p. 40.
(3) OJ L 359, 19.12.1986, p. 56.
(4) OJ L 348, 28.11.1992, p. 1.