WRITTEN QUESTION P-0574/00 by Fernando Fernández Martín (PPE-DE) to the Commission. Wording of Article 158 of the Treaty, referring to islands.
Date: 2000-02-23
Institutions: European Parliament, Provisional data
Subjects: Treaty of Amsterdam, island region, legislative drafting

24.10.2000

EN

Official Journal of the European Communities

C 303 E/203

Does the Commission intend to launch a study with a view to improving the safety and peace of mind of
the elderly people living in such homes? Has any action been taken to record the most serious incidents
that have occurred in recent years (cid:129) including the death of inmates (cid:129) while indicating the causes of such
incidents, deficiencies in the legislation and cases of proven negligence?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(20 March 2000)

The Commission would refer the Honourable Member to its answer to Written Question E-2474/99 by
Mr PØrez Alvarez (1).

The Commission has no plans to launch any studies in this area.

(1) OJ C 203, 18.7.2000, p. 174.

(2000/C 303 E/232)

WRITTEN QUESTION P-0555/00

by Karin Riis-Jłrgensen (ELDR) to the Commission

Subject: Discrimination by a Member State against its own citizens

(23 February 2000)

The Danish Government has put forward a draft law to amend Danish legislation on holidays. The
proposed law will enable employees covered by a collective agreement to carry over more than 20 days(cid:146)
holiday to the following year. The new rule does not apply to workers not covered by an agreement.

The effect of the proposed law will be to discriminate between Danish citizens on the basis of whether
they are covered by a collective agreement or not.

In the Commission(cid:146)s view, is it consistent with the Treaties for a Member State to discriminate against its
own citizens within its own borders?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(16 March 2000)

Article 7 of Council Directive 93/104/EC concerning certain aspects of the organisation of working time (1)
states that (cid:145)Member States shall take the measures necessary to ensure that every worker is entitled to paid
annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of,
such leave laid down by national legislation and/or practice.(cid:146)

Provided that Danish legislation, if amended, guarantees that Article 7 of Council Directive 93/104/EC is
respected, the issue falls within the competence of the Danish authorities.

(1) OJ L 307, 13.12.1993.

(2000/C 303 E/233)

WRITTEN QUESTION P-0574/00

by Fernando FernÆndez Mart(cid:237)n (PPE-DE) to the Commission

Subject: Wording of Article 158 of the Treaty, referring to islands

(23 February 2000)

to the Commission
In December 1999 the author of
requesting its interpretation of the different versions of Article 158 of the Treaty on European Union
(TEU) referring to islands. In his answer dated 18 January 2000 the President, Mr Prodi, replying on behalf

this question tabled Question P-2579/99 (1)

C 303 E/204

Official Journal of the European Communities

EN

24.10.2000

of the Commission, said that any differences between document CONF 400/97 and the Treaty could be
explained by legal corrections and the final harmonisation of the texts in order to make them agree in all
the languages in which the Treaty was drawn up.

It is obvious, in fact blatantly obvious, that the differences between some of the different language versions
are not attributable solely to what Mr Prodi said in his answer. Without any doubt, the latest wording of
the French version is substantially different from the original wording, as a comparison between them
shows. The latest version is not only substantially different but it is also very restrictive. The same does not
apply to the final versions in Italian, English and Swedish, among others, which not only offer a broader
interpretation, but, more important, are closer to the meaning of the original French version.

The Union institutions must not give the impression that they can easily be swayed in their day-to-day
decisions, especially as regards issues affecting the interpretation of the EU Treaty itself and the 26 island
regions of the EU.

I suspect that the serious nature of these problems will make recourse to the courts inevitable, in order to
settle the dispute caused by what Mr Prodi in his answer calls (cid:145)legal correction and the final harmonisation
of the texts, particularly as regards their concordance in all the languages in which the Treaty was drawn
up(cid:146). It therefore seems extremely important, politically speaking, that the island regions should endeavour
to find a satisfactory solution before bringing the matter to court. The case already being brought by the
Isle of Wight in the United Kingdom sets a bad precedent if it means that the 26 island regions of the
Union will become involved in disputes of this kind or similar.

Can the Commission therefore say whether it considers the original or the final version of the French text
to be valid? Or, what amounts to the same thing, which version corresponds to what was agreed in
Amsterdam in June 1997 (cid:129) the French and Spanish versions or the versions in English, Italian and
Swedish, inter alia, which do not coincide at all?

(1) OJ C 203, 18.7.2000, p. 175.

Answer given by Mr Prodi on behalf of the Commission

(24 March 2000)

The text of the second paragraph of Article 158 of the EC Treaty currently in force was amended by the
Treaty of Amsterdam signed on 2 October 1997 and ratified by all the Member States. The Treaty of
Amsterdam was drawn up in twelve languages, the texts in each of these languages being equally authentic
in accordance with Article 15 thereof.

(2000/C 303 E/234)

WRITTEN QUESTION E-0598/00

by HervØ Novelli (PPE-DE) to the Commission

(29 February 2000)

Subject: Refusal by France to pay housing benefit to a student on the grounds that she should have been

living in France

France has refused to pay housing benefit to a French student studying in Belgium for the sole reason that
she should be resident in France in order to receive this allowance.

This provision, which discriminates significantly between students of the same nationality according to
whether they are studying in France or another EU country, is certainly not conducive to achieving a
united Europe!