WRITTEN QUESTION E-0339/00 by Alexandros Alavanos (GUE/NGL) to the Commission. Infringement of provisions of Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers.
C 303 E/178 Official Journal of the European Communities EN 24. 10. 2000 As regards compensation for the damage suffered, the Commission wishes to inform the Honourable Member that, during the above mentioned exchanges of information, the French authorities announced their intention to take the necessary measures to allow any requests for compensation to be lodged at a later date, as per Article L. 2216-3 of the General Code for local authorities. In this regard, the Commission would like to draw the Honourable Memberís attention to the fact that, in accordance with the case law of the Court of Justice, Member States are responsible for compensating damage suffered by economic operators as a result of infringements of Community law for which the Member States are held to be responsible. The Commission also believes that this right to compensation should not be limited only to material damage suffered on French territory. Such an interpretation would call into question Member Statesí fundamental responsibility for infringements of Community law, which ensures the full effectiveness of Community legislation and the effective protection of the rights recognised therein. (1) Council Regulation (EC) No 2679/98 of 7 December 1998 on the functioning of the internal market in relation to the free movement of goods among the Member States, OJ L 337, 12. 12. 1998. (2000/C 303 E/200) WRITTEN QUESTION E-0339/00 by Alexandros Alavanos (GUE/NGL) to the Commission (14 February 2000) Subject: Infringement of provisions of Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers framework Directive 89/391/EEC (1) on the introduction of measures to encourage Article 4(2) of improvements in the safety and health of workers states that Member States shall ensure adequate controls and supervisioní. In view of numerous allegations that Member States are failing to comply with the directive and ensure that it is properly implemented, what measures will the Commission take to ensure that Member States do in fact ensure adequate controls and supervision in accordance with the directive? What information does the Commission have concerning monitoring procedures and the penalties imposed by the national authorities on companies which fail to comply with the provisions of Directive 89/391/EEC? (1) OJ L 183, 29. 6. 1989, p. 1. Answer given by Mrs Diamantopoulou on behalf of the Commission (28 March 2000) The Commission shares the Honourable Memberís opinion in attaching particular importance to the effective application in all Member States of the national provisions implementing 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. In this context and in accordance with Article 4(2) of Framework Directive 89/391/EEC, any practical breach of the national provisions implementing this directive must be brought to the attention of the national authorities, who must organise and conduct the necessary inspections and controls to ensure correct application of the measures. If specific data should reach the Commission, showing that national administrations have failed in their obligations in this respect, the Commission would take appropriate action, notably by opening infringe- ment proceedings under Article 226 (ex Article 169) of the EC Treaty, if required by the results of the investigation of the specific case. With regard to figures relating to monitoring procedures and penalties imposed by the national authorities the Commission is currently on companies which infringe the provisions of Directive 89/391/EEC, collecting this information from the national the Commission will send it directly to the Honourable Member and to the Parliamentís Secretariat. labour inspectorates. As soon as it is available,