91999E2641

WRITTEN QUESTION E-2641/99

by Elizabeth Lynne (ELDR) to the Commission

(12 January 2000)

Subject: Health and safety in the buildings of the European Institutions

Would the Commission indicate the legal status of the buildings of the European Institutions, with particular regard to health and safety legislation? Is there a special regime for the European Parliament, or are Members protected by Belgian legislation when in Brussels, French legislation when in Strasbourg, and Luxembourg legislation when in Luxembourg?

What legal protection do MEPs and their employees, not to mention employees of Parliament itself, have against an unsafe and unhealthy working environment?

To what extent has Community health and safety legislation been enforced within the buildings of the European Institutions? Finally, what legal redress is available to those working in the European Institutions against an unhealthy and unsafe working environment?

Answer given by Mr Kinnock on behalf of the Commission

(16 February 2000)

According to Article 5.1 of Council 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), every employer is obliged to ensure the health and safety of the employees in all aspects connected with work. Thus the European institutions, as employers and managers of large organisations, have to respect safety requirements and occupational hygiene as set out in a number of legal acts.

The minimum requirements on safety and health at work under Community law are defined in Directive 89/391/EEC and in various subsequent directives(2), all adopted on the basis of a Commission proposal and with the agreement of the Parliament. As regards prevention and protection, Article 7 of Directive 89/391/EEC provides a framework of necessary measures to be taken by employers. The main requirements envisaged by the Directive are: evaluation of the workplaces and prevention of risks; monitoring the plans and work sites for buildings to be used as a work place; analysis and monitoring of the hygiene of the workplaces and of social equipment; development and transmission of instructions concerning safety and hygiene; staff training as regards prevention, safety and health; co-ordination with, and information to, contractors and sub-contractors on safety and health issues; and provision of of advice by the employer and management to workers and their representatives on all questions arising from any of these points.

National health and safety legislation does not apply to European institutions. However, it is clear that European institutions respect Community law in this area.

Furthermore, the Institutions are obviously permitted to establish a higher level of safety and health than that specified in the legislation. The Commission has in fact set a higher standard with regard to the characteristics of its buildings, regulations concerning smokers and non smokers, prevention of fire, procedures to be followed in the event of evacuation or in the event of serious and immediate danger, and food hygiene.

The legal redress available for officials working in the European institutions is the Staff Regulations (Article 90) while for other staff it is as indicated in their contract, depending on its legal status.

Specific regulations are applicable for members of Parliament and their staff. Since the Commission is not responsible for answering this part of the question, the Honourable Member is referred to the General secretariat of the Parliament for further information.

(1) OJ L 183, 29.6.1989.

(2) 89/654/EEC, 89/655/EEC and 89/656/EEC (OJ L 393, 30.12.1989); 90/269/EEC and 90/270/EEC (OJ L 156, 21.6.1990); 92/57/EEC and 92/58/EEC (OJ L 245, 26.8.1992).