WRITTEN QUESTION E-0170/00 by Jorge Hernández Mollar (PPE-DE) to the Commission. Community rules on weekly rest days on religious grounds.
Date: 2000-01-31
Institutions: European Parliament, Provisional data
Subjects: European social policy, competence of the Member States, religious discrimination, weekly rest period

3.10.2000

EN

Official Journal of the European Communities

C 280 E/193

(2000/C 280 E/224)

WRITTEN QUESTION E-0170/00

by Jorge HernÆndez Mollar (PPE-DE) to the Commission

Subject: Community rules on weekly rest days on religious grounds

(31 January 2000)

The growing numbers of immigrants from the Maghreb region working in agriculture and other sectors in
the various EU countries has meant that the relevant collective labour agreements covering workers from
these countries have had to include provisions concerning the weekly rest days they may take on religious
grounds.

Thanks to the pressure brought to bear by the unions negotiating the various collective agreements
covering workers from the Maghreb countries, the rest days generally given are Fridays and Saturdays,
allowing them to keep these days sacred.

As immigration from these countries into the European Union as a whole is on the increase, will the
Commission say whether there are any Community provisions on this matter that would make it possible
to extend the regulation of weekly rest days on religious grounds and introduce the necessary coordination
with the practice usually followed in the Member States of the EU of keeping Sunday as a day of rest?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(15 March 2000)

Article 5(1) of Council Directive 93/104/EC concerning certain aspects of the organisation of working
time (1) lays down an uninterrupted weekly rest period of 35 hours. Following the annulment of Article
5(2) of the Directive by the Court of justice in case C-84/94 United Kingdom v. Council (2), Member States
are free to decide whether the weekly rest is to be provided during a given day or days of the week.

On 25 November 1999, the Commission adopted a package of two legislative proposals and a proposal
for a programme to combat discrimination in the Community based on Article 13 (ex Article 6a) of the
EC Treaty (3).

One of these initiatives is a proposal for a horizontal directive to combat discrimination, inter alia, on
grounds of religion. Article 12 of this proposal requires Member States to encourage social partners to
contribute to the implementation of
treatment by adopting collective
agreements, codes of conduct, research or exchange of experiences and good practices aimed at preventing
discrimination.

the principle of equality of

(1) OJ L 307, 13.12.1993.
(2)
(3) COM(99) 564, 565, 566 and 567 final.

European Court Reports 1996 page I-5755.

(2000/C 280 E/225)

WRITTEN QUESTION E-0171/00

by Jorge HernÆndez Mollar (PPE-DE) to the Commission

Subject: Night charges imposed by pharmacies

(31 January 2000)

In some Community countries customers of pharmacies have been required to pay a special charge when
purchasing medicines at pharmacies on duty at night.

Clearly, this entails serious discrimination against those who, in a medical emergency and for reasons
beyond their control, need to purchase the medicines they require immediately.