WRITTEN QUESTION E-2602/99 by Ilda Figueiredo (GUE/NGL) to the Commission. Access of immigrants who are nationals of other EU Member States to government service posts in Luxembourg.
Date: 2000-01-11
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, EU national, Luxembourg, civil service, discrimination on the basis of nationality, equal treatment, free movement of workers, infringement procedure (EU)

8.8.2000

EN

Official Journal of the European Communities

C 225 E/181

The Honourable Member is invited to refer to the answer at point 2 above. In addition, in line
4. and 5.
with the objectives set out in the Fifth environment action programme and its recent revision and the
result of a multi-annual project ending in 1998 with some six reports discussed in a Commission
workshop with all concerned,
the Commission is preparing a communication to Council and
Parliament. The workshop documents and conclusions are available on the website of the Commission
at: http://europa.eu.int/comm/environment/ppps/home.htm.

(1) OJ L 230, 19.8.1991.

(2000/C 225 E/201)

WRITTEN QUESTION E-2602/99

by Ilda Figueiredo (GUE/NGL) to the Commission

(11 January 2000)

Subject: Access of immigrants who are nationals of other EU Member States to government service posts in

Luxembourg

On 19 March 1999, in its answer to Question E-4067/98 (1) by Mr SØrgio Ribeiro, the Commission said
that infringement proceedings against would be taken out Luxembourg under Article 171 of the EC Treaty.

In the second half of the present year, DG V informed the CLAE (the Luxembourg liaison and action
committee for non-nationals) that, despite the legislation adopted by the Luxembourg authorities, restric-
tions still existed as regards access to government service posts for immigrants from other Member States.

A competition is currently under way in Luxembourg city (the notice of competition appeared on
17 November 1999 and the deadline for applications is 24 December 1999) for a number of posts, for
which Luxembourg nationality is specified as a condition for admission.

Can the Commission provide information on the situation regarding this?

(1) OJ C 297, 15.10.1999, p. 128.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(17 February 2000)

The Commission would like to inform the Honourable Member that, following adoption of the act of
17 May 1999, it has dropped its infringement proceedings against Luxembourg.

This act provides that, in the research, teaching, health, inland transport, posts and telecommunications
sectors and in the water, gas and electricity distribution services, the nationality requirement shall not
apply to applicants who are Community nationals.

The ECJ judgment of 2 July 1996 (1) referred only to these areas, to which the Commission had restricted
its action in line with its (cid:145)global(cid:146) approach as set out in its Communication 88/C72/02 (2).

As regards posts in central or local government (as referred to in the notice of competition in question), it
is for the national authorities, on the basis of the criteria laid down by the Court of Justice and under its
supervision, to judge the applicability of Article 39(4) (formerly Article 48) of the EC Treaty on a case by
case basis, depending on the duties and responsibilities attaching to each specific post (3).

The Commission is currently reviewing the situation in the Member States as regards access to government
service outside the above sectors, in particular at the regulatory level.

C 225 E/182

Official Journal of the European Communities

EN

8.8.2000

Since the pertinent Community rules have primacy and are directly applicable in the legal systems of the
Member States, citizens of the Union may assert their right to freedom of movement vis-(cid:224)-vis the national
authorities.

(1) Case C-473/93 Commission v Luxembourg [1996] ECR I-3207.
(2) OJ C 72, 18.3.1988.
(3)

In this connection, see the above Court judgment, paragraph 27.

(2000/C 225 E/202)

WRITTEN QUESTION P-2603/99

by Roberta Angelilli (NI) to the Commission

(16 December 1999)

Subject: Italy(cid:146)s postponement of the application of the framework directives on waste

In Italy the (cid:145)tax on waste(cid:146) (Tarsu) has been unjustly calculated on the basis of the surface area of dwellings
rather than the number of tenants, which would be fairer. The Italian Government should have changed
the law this year, but during the debate on the budget it decided to table an amendment to postpone the
changes for yet another year. The introduction of the new legislation on waste was already postponed last
year on the grounds that local government was not yet ready for it.

The (cid:145)Ronchi(cid:146) Decree, which transposes Directives 91/156/EEC (1) and 94/62/EC (2), is therefore still not
being applied in Italy, or only to a very small extent, despite the decree-laws of 8 November 1997 and the
two decree-laws of 5 February and 1 April 1998, which do not seem to have fully transposed the
directives.

This further postponement has resulted in the absence of a sound framework for waste policy, as well as
the unfair application of a tax based on unacceptable criteria, which penalises many elderly and poor
people, because it is precisely old people who live alone in large houses. Furthermore, it also penalises
businesses which, although they produce little waste, have to pay as much as those which produce
enormous quantities (for example a clothing shop compared with a restaurant).

In view of the above, can the Commission say:

1. whether measures have been taken against Italy for its failure to apply the above-mentioned directives

in their entirety;

2. whether this postponement distances Italy even farther from Community directives and policies on

waste;

3. whether it does not consider it appropriate to call on the competent authorities to prevent this further

postponement from distancing Italy even farther from Community policies on waste;

4. what its general view of the whole matter is?

(1) OJ L 78, 26.3.1991, p. 32.
(2) OJ L 365, 31.12.1994, p. 10.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(20 January 2000)

The Honourable Member criticises a new amendment of Decree No 22 of 5 February 1997 on waste,
which transposes Directives 75/442/EEC of 15 July 1975 on waste (1), as amended by 91/156/EEC,
91/689/EEC of 12 December 1991 (2) on hazardous waste, and 94/62/EC of 20 December 1994 on
packaging and packaging waste, because it would again postpone the adoption of the modifications to the
criteria to be applied to calculate the amount payable under the urban waste tax in Italy. At present, the
amount of the tax is calculated on the basis of the surface area of the single living units or commercial