WRITTEN QUESTION E-1930/01

by Proinsias De Rossa (PSE) to the Commission

(29 June 2001)

Subject: Discrimination against free-lance interpreters

Free-lance interpreters are, by their nature, ad-hoc workers hired only when needed, on a day-by-day basis. They enjoy no job security and no lifelong pension. Given these and other essential differences, the Staff Regulations had to be modified by a series of derogations for their application to free lances. The age limit was not derogated. It is applied, creating unjustified discrimination against free lances and serious inconveniences to the Institutions' interpretation services.

Does the Commission agree that it must abide by its own principles? (Proposal for a Council Directive establishing a general framework for equal treatment in employment and occupation (500PC0652) and Art.13 of the Charter).

Does the Commission not consider that by excluding people employed by it, solely on the basis of their age, it violates its commitment to eliminate all forms of job discrimination in the EU?

What steps will the Commission undertake immediately to rectify this policy of discrimination?

Answer given by Mr Kinnock on behalf of the Commission

(10 October 2001)

The Honourable Member refers to the conditions governing free lance interpreters, now recruited by the Commission under the status of Auxiliary Conference Interpreters (ACI). Such professionals currently represent about 50 % of the total number of people used for conference interpretation.

A specific convention signed by representatives of the recognised body the International Association of Conference Interpreters (AIIC) and fully applied by all European Institutions to all interpreters lays down specific provisions on working conditions and remuneration for such staff, including access to institutional training. The Commission also contributes to pension and sickness funds chosen by each interpreter at the rate of about 100 and 4 respectively, per day of work.

The Honourable Member refers to relevant Community law, namely Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation(1), which upholds the principle of non-discrimination, inter alia on grounds of age. The Directive expressly states that it shall be applied without prejudice to national provisions establishing retirement ages. For Commission staff the mandatory retirement age is laid down in the Staff Regulations and equivalent provisions exist in the Member States' public services. The Community law is therefore not violated.

With the adoption of Council Regulation (EC, ECSC, Euratom) No 628/2000 on 20 March 2000, amending Regulation (EC, Euratom, ECSC) No 259/68 and laying down the Staff Regulations of Officials of the Communities and the Conditions of Employment of Other Servants of the Communities(2), the same conditions of recruitment and remuneration apply to conference interpreters engaged by the Commission as for those who are engaged by the Parliament as auxiliary staff. As a consequence, Title III of the Conditions of Employment of Other Servants applies to those auxiliary interpreters and Article 74 of that same Title states that the legal retirement age for auxiliary agents is 65 years. There are therefore legal constraints which prevent the Commission from granting a waiver.

(1) OJ L 303, 2.12.2000.

(2) OJ L 76, 25.3.2000.