WRITTEN QUESTION E-0171/00 by Jorge Hernández Mollar (PPE-DE) to the Commission. Night charges imposed by pharmacies.
Date: 2000-01-31
Institutions: European Parliament, Provisional data
Subjects: EU competence, additional duty, application of EU law, medicinal product, night work, pharmacist

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.

C 280 E/194

Official Journal of the European Communities

EN

3.10.2000

Does the Commission not agree that it has a duty to ensure that there is no discrimination against
customers of pharmacies, whether they purchase medicines by day or by night?

Answer given by Mr Bolkestein on behalf of the Commission

(1 March 2000)

The Commission does not feel that the situation to which the Honourable Member refers raises a problem
of Community law.

The national measures establishing the tax in question do not, in fact, appear to be either directly or
indirectly discriminatory on grounds of nationality. This tax applies to the objective situation of citizens
purchasing medicines at duty pharmacies at night,
irrespective of any other subjective considerations
relating to the purchaser.

In addition, the Commission notes that these measures do not affect the freedom of movement of
pharmaceutical products, the freedom of establishment or the freedom to provide services.

(2000/C 280 E/226)

WRITTEN QUESTION E-0172/00

by Salvador Garriga Polledo (PPE-DE) to the Commission

(31 January 2000)

Subject: Vital institutional importance of the year 1999 in the history of the European Community

From the institutional point of view, last year was the most breathtaking and decisive year in the history of
the European Community since it was established in 1957.

Both as regards the serious institutional crisis it underwent, which forced the Commission to resign, and its
new role as a leading player in international politics, the European Union experienced a major upheaval
which should be studied by thinkers and researchers in the field of political science to draw conclusions
and anticipate future developments that will need to be taken into account, especially in the institutional
sphere.

In the light of the above, will the Commission encourage studies and debates between experts and
academics in the field of Community institutional studies, so that conclusions can be drawn from an
interpretation of the institutional crisis which the Community underwent last year?

Answer given by Mr Prodi on behalf of the Commission

(20 March 2000)

The European Commission promotes studies and encourages discussions between experts and researchers
interested in the Union(cid:146)s political and institutional development. For example, in the context of the Jean
Monnet project it supports teaching and research into Union affairs, including questions concerning its
political-institutional system.

In the run-up to the 2000 Intergovernmental Conference on institutional reform, the Commission has
asked the European University Institute in Florence to look into the possibilities and procedures for
this study will be presented to the Heads of State and
reorganising the Treaties. The findings of
Government at the European Council in June.

In the context of the European Community Studies Association network the Commission supports and
organises exchanges of and discussions by research specialists on Union matters and European policies.

The Commission is also engaged in a major project on governance in the Union for which it plans to co-
opt the assistance of outside partners. It also encourages discussion and studies in research institutes and
public and private think-tanks.