Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-02-07-Speech-4-217"
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"Mr President, Commissioner, I would like it to be noted that I am speaking in place of Mr Pérez Álvarez, who has been the shadow rapporteur for this report on behalf of my group and who is able to attend this sitting. On his behalf and on my own, I would firstly like to thank the rapporteur and say that I am pleased with the work he has done and with the positive attitude he has adopted towards the amendments which had been presented by Mr Pérez Álvarez.
Directive 93/104/EC is a continuation of Directive 89/391/EC, on the introduction of measures to encourage improvements in the safety and health of workers at work, with the idea that the creation of the internal market must lead to an improvement in working and living conditions, by means of approximating legislations.
In this respect, the Commission’s report is a general description of how the Member States have transposed and applied the aforementioned directive with results which clearly indicate that the method and result could be improved. It has been demonstrated that not only the temporary delay in compliance with the transposition period and, consequently, the non-application of the Directive within the time limit, but also that the exclusions and exceptions have been due to criteria which are not always clear. Therefore, transposition, by means of collective agreement, has not always been accompanied by the desired success for this instrument of social dialogue. The amendments presented by Mr Pérez Álvarez were aimed at highlighting and providing a remedy for these shortcomings and the amendments I am going to mention now have the same aim.
Amendment No 1, because the confusion between the concepts of ‘exclusion’ and ‘exception’, which are always in the singular, must not become an opportunity to sidestep the mandatory nature of the directive. Amendment No 2, proposing an additional clarifier, which is not intended to replace, but to clarify and extend the content of the paragraph, also by means of concepts and definitions which guarantee the application of the Directive, faithful to the idea that things should be judged by what they are and not what they are called. We believe it is important to expressly highlight these two points for the sake of improving the living and working conditions of workers.
All of this must done in accordance with Article 31 of the Charter of Fundamental Rights of the European Union, “Fair and just working conditions”. Firstly, that “Every worker has the right to working conditions which respect his or her health, safety and dignity”, and secondly, that “Every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave”. Both aspects – health at work and working times – are clearly linked, and all of this is aimed at a more just society governed by the respect for the individual and collective rights of workers."@en1
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