92002E0710

WRITTEN QUESTION E-0710/02

by Brian Simpson (PSE) to the Commission

(15 March 2002)

Subject: Proposed closure of Smurfit Corrugated in Warrington, UK

Can the Commission investigate, as a matter of urgency, the proposed closure of Smurfit Corrugated in Warrington, UK? In view of the fact that this company is a multinational employing 16 000 workers in Europe, has failed to consult with the workforce, is refusing to call together the company works council and may use savings from the closure to invest in another plant, can the Commission ensure that all European directives and regulations are upheld and that the company engages in consultation and meaningful negotiations with the workforce?

Answer given by Ms Diamantopoulou on behalf of the Commission

(19 April 2002)

The Commission would point out that several Community Directives stipulate procedures for informing and consulting workers' representatives that may be applicable when enterprises are closed down, especially Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies(1), and Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees(2). In addition, another Directive has just been adopted(3) on 11 March 2002 by the Parliament and the Council in order to complete the Community rules in this area.

The first two Directives have been implemented into the national legal orders of the Member States. It is up to the competent national authorities to assess whether they are properly implemented in each case.

(1) OJ L 225, 12.8.1998.

(2) OJ L 254, 30.9.1994.

(3) OJ L 80, 23.3.2002.