WRITTEN QUESTION E-4063/03 by Alexandros Alavanos (GUE/NGL) to the Commission. Workers on one-day contracts.
Date: 2004-01-13
Institutions: European Parliament, Provisional data
Subjects: Greece, game of chance, labour law, sport, temporary employment, work contract

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.

27.3.2004

EN

Official Journal of the European Union

C 78 E/909

Answer given by Mrs Diamantopoulou on behalf of the Commission

(13 February 2004)

Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work
concluded by ETUC, UNICE and CEEP is applicable to fixed-term workers as defined in law, collective
agreements or practice in each Member State.

Thus, if the persons with daily fixed-term contracts are considered to be workers in Greece, the Directive is
applicable. If instead they are considered to be providers of services, they are not covered by the Directive.

According to Clause 5 of the Directive, the Member States must introduce measures to prevent abuse
arising from the use of successive fixed-term contracts, either by requiring objective reasons for renewing
the contracts, providing for a maximum duration or providing for a maximum number of renewals. The
measures introduced must be sufficient to prevent abuse. If there are fixed-term workers with contracts
which are renewed daily during several years, this does not seem to be compatible with Clause 5 of the
Directive.

The Commission is currently in active contact with the Greek authorities to ensure the correct
transposition of the Directive.

(2004/C 78 E/0961)

WRITTEN QUESTION P-4073/03

by Giovanni Fava (PSE) to the Commission

(8 January 2004)

Subject: Waste-to-energy plant

The President of the Region of Sicily, acting as special Commissioner for waste, has issued an order for the
construction of a large waste-to-energy plant for the incineration of waste, combined with a waste dump,
at Paternó in the province of Catania.

The location chosen for the plant and the dump is only 5 km from a residential area in ‘Contrada
Valanghe’, recognised by the European Community as a site of Community interest (SIC-ITA 060015)
because of its geological features and local flora and fauna. Furthermore, the area in question borders on
another site of Community interest (SIC-ITA 070025), the Pietralunga stretch of the River Simeto, where
there are important archaeological remains.

On the basis of this information, does the Commission not consider that the decision to adopt this
provision, taken by the President of the Region of Sicily and the local authorities, is in serious conflict with
the Community’s desire to safeguard these sites for the above-mentioned reasons?

Does the Commission not consider that the choice of a site only 5 km from a residential area as the
location for a waste-to-energy plant and a waste dump endangers the safety and health of the local
population?

Finally, does the Commission not consider that the decision to build the waste-to-energy plant in an area
where crops with a protected designation of origin are grown and organic farming is carried out seriously
jeopardises the local economy and development model?

Answer given by Mrs Wallström on behalf of the Commission

(5 February 2004)

According to Council Directive 85/337/EEC of 27 June 1985 (1), (Environmental Impact Assessment (EIA)
Directive) as amended by Council Directive 97/11/EC of 3 March 1997, on the assessment of the effects of
certain public and private projects on the environment (2), the construction of a waste incineration plant