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9. 10.

98 EN Official Journal of the European Communities C 310/89

Answer given by Mr Flynn on behalf of the Commission

(2 April 1998)

The Commission would like to inform the Honourable Member that the measures needed to implement Directive
94/33/EC on the protection of young people at work (1) have not been adopted in France, Italy, Luxembourg or,
in part, the United Kingdom.

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) has not yet been transposed in Luxembourg and Portugal.

Greece, France, Luxembourg, and the United Kingdom have not yet transposed into national legislation Council
Directive 93/104/EEC of 23 November 1993 concerning certain aspects of the organisation of working time (3).

Finally, national measures transposing Directive 96/97/EC (4) amending Directive 86/378/EEC on the
implementation of the principle of equal treatment for men and women in occupational social security
schemes (5) have not been officially communicated by Belgium, Germany, Greece, Spain, France, Italy,
Luxembourg or the Netherlands.

(1) OJ L 216, 20.8.1994.

(2) OJ L 254, 30.9.1994.
(3) OJ L 307, 13.12.1993.
(4) OJ L 46, 17.2.1997.
(5) OJ L 225, 12.8.1986.

(98/C 310/119) WRITTEN QUESTION E-0564/98

by Luigi Vinci (GUE/NGL) to the Commission
(4 March 1998)

Subject: Elettrolux-Zanussi industrial group

Taking advantage of the fact that it has factories in various countries of the European Union, the
Elettrolux-Zanussi industrial group uses the system of European tenders whereby orders it receives are produced
in the factories with the lowest production costs. Lower costs are increasingly being achieved through reduced
staffing and a more intensive work rhythm which is not properly compensated.

In Italy the danger is that if a law is adopted to reduce working hours to 35 orders will no longer be fulfilled in
Italy. Does the Commission not think that this is an unacceptable system of social dumping by Elettrolux-
Zanussi? What does it intend to do to harmonize the treatment of workers within the Community and in the same
business group to prevent such behaviour by companies? How will it act vis-à-vis Elettrolux-Zanussi to put an
end to the practice of European tenders?

Answer given by Mr Flynn on behalf of the Commission

(14 April 1998)

Completion of the internal market means that European companies, particularly those with activities in several
Member States, have a free choice of where to produce their goods and services, without having to contend with
any unjustified obstacles to their freedom of movement or freedom of access to the Community market.
C 310/90 EN Official Journal of the European Communities 9. 10. 98

In order to alleviate the possible social consequences of achieving this central objective of the Community, a
number of measures have been adopted at Community level in recent years with a view to reducing the scope for
abuse resulting from excessive discrepancies between national social systems. The directives in question cover
various areas of labour law (employment conditions, information and consultation of workers, health and safety)
and constitute a hard core of minimum rules to be observed throughout the Community.

The directives adopted in this connection include Directive 93/104/EEC (1) on the organisation of working time,
which lays down a number of minimum requirements which all Member States have to observe. However, this
directive, like all the others in this field, does not rule out more favourable national systems.

Under these circumstances it is the responsibility of each Member State to assess the possible consequences of
initiatives likely to have an effect on production costs and to adopt the measures it considers necessary, whilst in
all cases respecting freedom of movement and freedom to market goods and services.

(1) OJ L 307, 13.12.1993.

(98/C 310/120) WRITTEN QUESTION E-0566/98

by Jonas Sjöstedt (GUE/NGL) to the Commission
(4 March 1998)

Subject: Animal testing ethics committee

Sweden has long required that all animal experimentation be preceded by an examination of its ethical aspects,
by animal testing ethics committees on which both the scientific and public interests are represented. At present
those committees have an advisory function.

The Swedish Government is now proposing to the Swedish Parliament that the advisory nature of these
committees will have to be changed to give them decision-making powers. It claims that this change will be
necessary to ensure that Directive 86/609/EEC (1) may be regarded as having been transposed into Swedish law.

Does the Commission consider that Directive 86/609/EEC requires the Member States to set up regulatory
committees on the ethics of animal testing?

(1) OJ L 358, 18.12.1986, p. 1.

Answer given by Mrs Bjerregaard on behalf of the Commission

(7 April 1998)

Article 12, paragraph 1 of Directive 86/609/EEC on the protection of animals used for experimental and other
scientific purposes states that ‘Member States shall establish procedures whereby experiments themselves or the
details of persons conducting such experiments shall be notified in advance to the authority’ and paragraph 2
‘Where it is planned to subject an animal to an experiment in which it will, or may, experience severe pain which
is likely to be prolonged, that experiment must be specifically declared and justified to, or specifically authorised
by, the authority ...’.

Article 24 states that ‘This Directive shall not restrict the right of the Member States to apply or adopt stricter
measures ... In particular, Member States may require a prior authorisation for experiment or programmes of
work notified in accordance with the provisions of Article 12 (1).’

Pursuant to these provisions it is left to the Member States to determine the actual procedures for the notification
and authorisation of the experiments. A regulatory committee on the ethics of animal testing could form a part of
this procedure.