91997E3681

WRITTEN QUESTION E-3681/97 by Thomas Megahy (PSE) to the Commission (19 November 1997)

Subject: Enforcement of EU health and safety legislation in Member States

Can the Commission indicate:

1. How many Member States have not transposed health and safety directives which should now apply?

2. How many actions have been taken against Member States for not acceding to legislation already in force?

3. Is the Commission satisfied that in respect of health and safety there is a level playing field across the whole of the European Union?

Answer given by Mr Flynn on behalf of the Commission (17 December 1997)

1. The Commission would inform the Honourable Member that of the 36 Directives adopted in the field of health and safety at work, 32 have already entered into force. Of these, 24 have already been transposed into national law in all the Member States where their application is relevant. The situation regarding the eight Directives not yet transposed in all the Member States is as follows:

- Directive 91/322/EEC (chemical, physical and biological agents) ((OJ L 177, 5.7.1991. )): not yet transposed in Greece, Spain, France and the Netherlands.

- Directive 92/29/EEC (medical treatment on board vessels) ((OJ L 113, 30.4.1992. )): not yet transposed in Belgium, Ireland and Luxembourg.

- Directives 92/91/EEC (extractive industries through drilling) ((OJ L 348, 28.11.1992. )) and 92/104/EEC (surface and underground extractive industries) ((OJ L 404, 31.12.1992. )): not yet transposed in Ireland.

- Directive 93/103/EC (work on board fishing vessels) ((OJ L 307, 13.12.1993. )): not yet transposed in Belgium, Ireland and Italy.

- Directive 93/104/EC (organisation of working time) ((OJ L 307, 13.12.1993. )): not yet transposed in Greece, France, Italy, Luxembourg, Portugal and the United Kingdom.

- Directive 94/33/EC (protection of young people at work) ((OJ L 216, 20.8.1994. )): not yet completely transposed in Greece, France, Italy, Luxembourg, Austria and the United Kingdom.

- Directive 95/30/EC (biological agents at the workplace) ((OJ L 155, 6.7.1995. )): not yet transposed in Germany, Ireland, Italy, Luxembourg and Austria.

2. Whenever the deadline for implementation of a Directive expires, the Commission launches an infringement procedure under Article 169 of the EC Treaty against any Member States that have failed to notify the national implementing measures in time. Annex IV of the fourteenth annual report on monitoring the application of Community law (1996), which has just been published ((OJ C 332, 3.11.1997. )), contains details of the infringement procedures in progress on 31 December 1996.3.

3. Monitoring proper transposal of the EU legislation is an ongoing activity in the field mentioned by the Honourable Member, designed to ensure equivalent application of the legislation throughout the Community. Member States are invited to submit their comments on any points on which the Commission considers transposal to be unsatisfactory. The Commission decides what follow-up action is required in the light of the Member States' responses, arguments and, where appropriate, intentions of rectifying the situation.