WRITTEN QUESTION E-1315/00 by Cristiana Muscardini (UEN) and Gianfranco Fini (UEN) to the Commission. Implementation of Directive 86/653/EEC in Italy.
C 46 E/170 Official Journal of the European Communities EN 13. 2. 2001 (2001/C 46 E/197) WRITTEN QUESTION E-1315/00 by Cristiana Muscardini (UEN) and Gianfranco Fini (UEN) to the Commission Subject: Implementation of Directive 86/653/EEC in Italy (27 April 2000) A company has awarded a severance payment to an employee (sales representative) pursuant to an economic agreement of 25 July 1989 rather than Legislative Decree No 303 of 10 September 1991, based on Directive 86/653/EEC (1) on the coordination of the laws of the Member States relating to self-employed commercial agents, in accordance with Article 15 of Law No 428 of 29 December 1990. The companyís decision considerably reduces the amount of the severance payment. The application of LD No 303, on the other hand, which is based on the European directive, would work to the advantage of the worker who, quite rightly, is invoking it, so far without success. Can the Commission therefore state: ü whether the European directive should take priority over the 1989 economic agreement? ü whether European legislation takes precedence over national legislation? ü if so, what action can the worker take to exercise his rights as recognised by the directive? (1) OJ L 382, 31. 12. 1986, p. 17. Answer by Mr Bolkestein on behalf of the Commission (15 June 2000) The meaning of commercial agent, for the purposes of Council Directive 86/653/EE on the coordination of the laws of the Member States relating to self-employed commercial agents, is defined in Article 1 (2) of the directive as áa self-employed intermediary who has continuing authority to negotiate the sale or the purchase of goods on behalf of another person, hereinafter called the ôprincipalö, or to negotiate and conclude such transactions on behalf of and in the name of that principalí. The definition of commercial agent as given in the directive excludes certain types of commercial intermediary, especially sales representatives, who do not work as self-employed intermediaries but as paid employees of an enterprise. (2001/C 46 E/198) WRITTEN QUESTION P-1324/00 by Astrid Thors (ELDR) to the Commission (17 April 2000) Subject: Psychological support in the event of major accidents and natural disasters Several serious accidents and natural disasters have occurred in Europe in recent years ü earthquakes, avalanches, landslides, floods, train accidents, accidents at sea, mining disasters, etc. Apart from causing countless deaths and physical injuries, these disasters have also inflicted mental suffering and trauma on a great many people. There is a crucial need for psychological support for individuals who have experienced traumatic events. Psychological support during the first few days significantly improves the chances of recovery