WRITTEN QUESTION E-0444/04 by Margrietus van den Berg (PSE) to the Commission. Compliance with legislation on health and safety at work.
Date: 2004-02-18
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, Netherlands, application of EU law, case-law (EU), occupational safety

C 84 E/590

Official Journal of the European Union

EN

3.4.2004

(cid:1) Although the Commission refers that the long processing time of the applications is mainly due to
national administration systems and that the main responsibility to remedy the situation lies with the
managing authorities of the Member State and with the monitoring committees of the programmes,
it is the intention of the Commission to bring the issue up in the next annual review meetings
between the Commission and the Member State, at the meetings of the respective monitoring
committees as well as at other occasions.

(1) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds,

OJ L 161, 26.6.1999.

(2004/C 84 E/0665)

WRITTEN QUESTION E-0444/04

by Margrietus van den Berg (PSE) to the Commission

Subject: Compliance with legislation on health and safety at work

(18 February 2004)

On 26 January 2004, I made an official visit to six companies in Emmen in the province of Drenthe,
Netherlands. There I spoke to employees and works councils about the implications of the European
Framework Directive 89/391/EEC (1) for Netherlands law, as well as the Netherlands Law on Working
Conditions. It emerged from these discussions that the Law on Working Conditions contravenes European
legislation on safety, health and welfare services, according to the judgment of the European Court of
Justice of 22 May 2003. The Netherlands Law on Working Conditions compels companies to enlist
external safety, health and welfare services. The European Directive states that competent personnel should
first be sought from within the company.

Do companies now have to comply with the judgment of the Court or with the Netherlands Law on

1.
Working Conditions?

Are discussions ongoing with the Netherlands Government to amend the Netherlands Law on

2.
Working Conditions as soon as possible?

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

Answer given by Mr Dimas on behalf of the Commission

(5 April 2004)

Article 228 of the EC Treaty requires Member States to fulfil their obligations resulting from Court of

1.
Justice judgments and to take any necessary measures for this purpose.

According to consistent case-law, the importance of immediate and uniform application of Community
law means that the process of compliance must be initiated at once and completed as soon as possible
(judgment of 4 July 2000, Commission v. Greece, C-387/97, ECR p. I-5047, paragraph 82).

However, this does not prevent companies from contacting the competent national authorities in the
meantime, where appropriate.

2.
As the Kingdom of the Netherlands has not yet adopted the necessary provisions to comply with the
judgment delivered by the Court of Justice on 22 May 2003 in case C-441/01, the Commission has started
infringement proceedings under Article 228 of the EC Treaty and will pursue those proceedings until the
Kingdom of the Netherlands complies with the said judgment. It should be noted in this connection that
the authorities of the Kingdom of the Netherlands, in their reply to the letter of formal notice under
Article 228 of the EC Treaty, have indicated that they are in the process of preparing the measures need to
comply with the judgment.