Social Legislation: State of Transposition

ip/97/61

Brussels, 28 January 1997

Social Legislation: State of transposition

A survey of the state of play regarding the transposition of European Directives in the social field into national law shows that only Finland, a new Member State, has a 100% record. Sweden, Germany, Denmark and United Kingdom have communicated that they have 96% of the legislation in place. The Netherlands have also communicated their implementation measures for almost all (94%) of the Directives in question. The number of measures communicated is also very high for Austria, another new Member State.

To date, 54 Directives (see Annex 1) have been adopted in the social field, of which 50 have come into force. Four Directives - safety and health and equipment of work, framework agreement on parental leave, posting of workers and the amendment of the Directive 86/378/EEC concerning occupational social security schemes to take account of the consequences of the Barber judgement - will come into force before the end of 1999.

Whilst six Member States have a good track record regarding transposition of social legislation, a greater effort is required from Italy, Belgium, Greece, Portugal and particularly Spain, which is bottom of the list and has only transposed 36 of the 50 Directives (see Annex 2).

Legal Action

Commenting on the situation regarding transposition, Padraig Flynn, European Commissioner with responsibility for Employment and Social Affairs, said, “The question of transposition into national law is fundamental to the reality of making Community rights accessible to individuals. It is also a question of equal treatment and equity among the Member States. Additional efforts must be made by Member States which are lagging behind. Health and safetyis the key area which needs to be addressed. My message is clear. If Member States fail to transpose EU Directives into national law, the Commission will start infringement proceedings against them. Indeed, the Court of Justice will soon look at cases in relation to non-transposition by Belgium, Spain and Ireland of three Directives.[1]”

The Court of Justice has also already ruled against some countries for non-implementation of Community law thereby laying them open to fines if they do not regularise the position swiftly. For example, the Court found in its judgement of 26 September 1996[2] that Spain had not transposed six health and safety Directives. If the Commission has to take a Member State to court a second time, it will in future systematically propose to the Court the amount of fine which should be imposed for non-observance of Community obligations.

Commissioner Flynn emphasised that while this survey gives a snapshot of the state of transposition on a quantitative basis, the Commission will in the future be focusing particularly on the qualitative aspect of the national implementing measures i.e. whether or not Member States have correctly transposed European law. He said, “I have instructed my services to look in-depth at this and to pay particular attention to the implementation and enforcement of health and safety legislation in all countries.”

Barbara Nolan (Tel: 296.07.55)

Dina Avraam (Tel: 295.96.67)

Annex 1

COMMUNICATION OF TRANSPOSITION OF DIRECTIVES

Annex 2

DIRECTIVES FOR WHICH THE TRANSPOSITION MEASURES HAVE NOT BEEN COMMUNICATED BY MEMBER STATE

BELGIUM

-86/378/EEC (occupational social security schemes).

-91/383/EEC (temporary employment).

-92/29/EC(medical assistance on board of vessels).

-92/58/EC(health and safety signs).

-92/91/EC(drilling).

-92/104/EC(mining).

-93/103/EC(work on bord of vessels).

-93/104/EC(working time).

-95/30/EC(biological agents 2).

DENMARK

-86/378/EEC (occupational social security schemes).

-93/104/EC (working time).

GERMANY

-93/103/EC (work on bord of vessels).

-95/30/EC (biological agents 2).

GREECE

-86/378/EEC (occupational social security schemes).

-88/642/EEC (chemical, physical and biological agents 2).

-91/322/EEC (chemical, physical and biological agents 3).

-91/382/EEC (asbestos) (incomplete communication)

-91/383/EEC (temporary employment).

-92/85/EC (pregnant workers).

-93/104/EC (working time).

-94/33/EC (young people).

-94/44/EC (explosive atmosphere 4 - Commission directive).

-94/45/EC (european working councils).

-95/30/EC (biological agents 2).

SPAIN

-88/642/EEC (chemical, physical and biological agents 2).

-89/655/EEC (work equipment).

-89/656/EEC (personal protective equipment).

-90/269/EEC (manual handling of loads).

-90/270/EEC (display screen equipments).

-90/394/EEC (carcinogens).

-90/679/EEC (biological agents).

-91/322/EEC (chemical, physical and biological agents 3).

-92/58/EC (health and safety signs).

-92/104/EC(mining).

-93/88/EC(biological agents 2).

-93/103/EC (work on bord of vessels).

-94/45/EC (european working councils).

-95/30/EC (biological agents 2).

FRANCE

-88/642/EEC (chemical, physical and biological agents 2).

-91/322/EEC (chemical, physical and biological agents 3).

-93/104/EC (working time).

-94/33/EC (young people).

-95/30/EC (biological agents 2).

IRELAND

-92/29/EC (medical assistance on board of vessels).

-92/85/EC (pregnant workers).

-92/91/EC (drilling).

-92/104/EC (mining).

-93/103/EC (work on board fishing vessels).

-93/104/EC (working time).

-95/30/EC (biological agents 2).

ITALY

-86/378/EEC (occupational social security schemes).

-91/533/EEC (written statement) (incomplete communication)

-92/85/EC (pregnant workers) (incomplete communication)

-92/91/EC (drilling).

-92/104/EC (mining).

-93/103/EC (work on bord of vessels).

-93/104/EC (working time).

-94/33/EC (young people).

-94/44/EC (explosive atmosphere 4 - Commission directive).

-94/45/EC (european working councils).

-95/30/EC (biological agents 2).

LUXEMBOURG

-86/378/EEC (occupational social security schemes).

-92/29/EC (medical assistance on board of vessels).

-92/85/EC (pregnant workers).

-93/104/EC (working time).

-94/33/EC (young people).

-94/45/EC (european working councils).

-95/30/EC (biological agents 2).

THE NETHERLANDS

-86/378/EEC (occupational social security schemes).

-94/33/EC (young people) (incomplete communication)

-94/45/EC (european working councils).

AUSTRIA

-91/322/EEC (chemical, physical and biological agents 3).

-92/91/EC (drilling).

-93/104/EC (working time).

-94/33/EC (young people).

-94/45/EC (european working councils)

-95/30/EC (biological agents 2).

PORTUGAL

-88/642/EEC (chemical, physical and biological agents 2).

-90/679/EEC (biological agents).

-91/322/EEC (chemical, physical and biological agents 3).

-93/88/EC (biological agents 2).

-93/104/EC (working time).

-94/33/EC (young people).

-94/44/EC (explosive atmosphere 4 - Commission directive).

-94/45/EC (european working councils).

-95/30/EC(biological agents 2).

SWEDEN

-94/33/EC (young people).

-94/44/EC (explosive atmosphere 4 - Commission directive).

-95/30/EC (biological agents 2).

UNITED-KINGDOM

-93/103/EC(work on board fishing vessels) (incomplete communication)

-93/104/EC(working time).

-94/33/EC(young people).

[1] Belgium, Ireland and Spain 92/104