WRITTEN QUESTION E-2654/02

by Frank Vanhecke (NI) to the Commission

(20 September 2002)

Subject: Employment policy of the Belgian Government

The Belgian Federal Minister of Social Affairs, Johan Vande Lanotte, has stated in various interviews that he wishes to make it compulsory for employers in Belgium to give employment to immigrants of non-European origin in order to promote their integration into society. In other words, he wishes to introduce quotas which will be binding on industry. Employers will no longer be free to recruit staff on grounds purely of competence, commitment, flexibility, etc., but will be required to cooperate in implementing a positive discrimination policy.

1. What view does the Commission take of such ministerial proposals? Does the Commission or does it not support the idea of an employment policy based on positive discrimination?

2. Does not the Commission consider that such proposals constitute a serious threat to the free market economy and to employers' right to decide their business's policy autonomously, without government interference?

3. Does not the Commission consider that a policy of binding quotas is most likely to stigmatise the people it is intended to assist and thus do anything but promote their assimilation?

4. Does not the Commission consider that binding quotas in one Member State of the Union could be a serious threat to the competitiveness of businesses in relation to those in Member States where no such government interference exists?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(25 October 2002)

The Commission understands that the suggestions to which the Honourable Member refers are not formal Government proposals. It would therefore be inappropriate to comment on the details. The Commission understands, however, that the suggestions were made in the context of a debate about the need for action to combat discrimination against people of non-European origin and to promote their integration into the labour market and into society more widely.

The Commission underlines that it has long promoted action to combat racism and xenophobia and is in favour of the integration of migrants. It welcomes initiatives taken by Member States for the purpose of such integration and believes that measures to promote equality in the labour market and to overcome disadvantage based on discrimination can benefit both employers and employees. The Commission recalls that Guideline 7 of the Employment Guidelines for Member States' Employment Policies in 2002 (Council Decision 2002/177/EC of 18 February 2002(1)) requires Member States to implement appropriate measures to meet the needs of the disabled, ethnic minorities and migrant workers as regards their integration into the labour market and to set national targets where appropriate for this purpose. The Commission does not believe that such measures are likely to be a threat to the competitiveness of businesses which apply them.

The Commission also recalls Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin(2), which has to be transposed into national law by 19 July 2003. The Directive prohibits discrimination based on racial and ethnic origin in, inter alia, employment. It also allows Member States to maintain or adopt specific measures to prevent or compensate for disadvantages linked to racial or ethnic origin.

In any case, independent of the proposals to which the Honourable Member refers, employment policies decided by Member States, including any positive action measures implemented for the purpose of promoting the integration of disadvantaged groups, must comply with all other requirements of Community

law, including the rules on the application of the principle of equal treatment and on the implementation of the Community preference established by Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community(3), as recalled in Council Resolution of 20 June 1994 on limitations on admission of third-country nationals to the territory of the Member States for employment(4).

(1) OJ L 60, 1.3.2002.

(2) OJ L 180, 19.7.2000.

(3) OJ L 257, 19.10.1968.

(4) OJ C 274, 19.9.1996.