WRITTEN QUESTION P-2855/00 by Glyn Ford (PSE) to the Commission. European Directive on combating discrimination.
Date: 2000-09-05
Institutions: European Parliament, Provisional data
Subjects: EC Directive, anti-discriminatory measure, economic and social cohesion, equal treatment, racial discrimination

18.4.2001

EN

Official Journal of the European Communities

C 113 E/195

(2001/C 113 E/207)

WRITTEN QUESTION P-2855/00

by Glyn Ford (PSE) to the Commission

(5 September 2000)

Subject: European Directive on combating discrimination

Would the Commission please supply information on Directive 43/2000/EC (1) on (cid:145)Combating Discrimina-
tion on Grounds of Racial and Ethnic Origin(cid:146). This Directive deals with the principle of equal treatment
between persons, irrespective of race or ethnic origin, and includes a narrow definition of racial and ethnic
origins, excluding nationality and apparently not referring to colour either.

Would the Commission give more substantial details about this Directive, in particular the reasons for
introducing this legislation, its main provisions and the main aims of the Directive?

Would the Commission also indicate why, in dealing with race and ethnic origins, it seems to exclude
(cid:145)nationality(cid:146) (see paragraph 13 of the introduction)?

(1) OJ C 180, 19.7.2000, p. 22.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(4 October 2000)

Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between
persons irrespective of racial or ethnic origin (1) was adopted unanimously by the Council on 29 June
2000 following the Commission(cid:146)s proposal of 25 November 1999 (2). The reasons for introducing this
legislation were set out in detail in the explanatory memorandum attached to the proposal and include the
desirability of laying down common protection against racial discrimination to be enjoyed by citizens all
over the Union, reinforcing and supplementing the protection which currently exists in the Member States.
In doing so, the directive will reinforce the fundamental values on which the Union is founded (cid:129) liberty,
democracy, respect for human rights and fundamental freedoms and the rule of law (cid:129) and will contribute
to strengthening economic and social cohesion.

The Directive provides a minimum level of protection against racial discrimination common to all Member
States by defining direct and indirect discrimination; giving victims of discrimination a right of redress
through a judicial or administrative procedure, associated with appropriate sanctions for those who
discriminate; shifting the burden of proof (in civil cases) once a prima facie case of discrimination has
been made out by a complainant and accepted by the court or other instance; providing protection against
harassment and victimisation; covering discrimination in employment and training, education, social
protection (including security and healthcare), social advantages and the supply of and access to goods
and services, including housing; requiring the Member States to provide information on their territory
about the measures they adopt to fight discrimination and requiring Member States which have not
already done so to establish bodies for the promotion of equal treatment which will provide independent
assistance to the victims of discrimination, conduct surveys and studies and publish reports and
recommendations. Member States have three years from the entry into force of the directive in which to
take the necessary measures to implement it.

The Directive does not define the term (cid:145)racial or ethnic origin(cid:146). However,
it makes clear that, when
implementing the Directive, Member States are not obliged to apply the term to differences of treatment
based on nationality. Article 13 of the EC Treaty, on which the directive is based, makes no reference to
nationality. Treatment based on nationality is however specifically covered by Article 12 and is therefore
outside the scope of Article 13.

C 113 E/196

Official Journal of the European Communities

EN

18.4.2001

The Commission does not agree that questions relating to colour are excluded from the Directive.
Although there is no specific reference to colour in Article 13, the Commission believes that colour is an
important factor in the determination of a person(cid:146)s ethnic origin and that discrimination based on colour
is therefore contrary to the requirements of the directive.

(1) OJ L 180, 19.7.2000.
(2) COM(1999) 566 final.

(2001/C 113 E/208)

WRITTEN QUESTION E-2857/00

by Michl Ebner (PPE-DE) to the Commission

(14 September 2000)

Subject: Standardisation of the procedures for holding competitive examinations for entry into the civil

service

The procedures for holding competitive examinations for the recruitment of civil servants vary from
Member State to Member State.

Among the fundamental principles of such examinations should be transparency and simplification of
administrative procedures, but these principles are often flouted by public bodies and hence unacceptable
irregularities may occur.

Can the Commission say whether it intends to introduce legislation on the subject, by proposing common
rules for holding competitive examinations, in order ensure that all Community citizens are subject to the
same conditions, that there are instruments to monitor the activity of the organisers of competitive
examinations in accordance with procedural standards (type of documentation to be submitted by
candidates, access to records, deadlines, appeals,
levels of appeal, etc.) which would be the same
throughout Europe and, finally, ensure that citizens do not have excessive costs to bear?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(27 October 2000)

The Community is not legally competent to regulate the internal organisation of Member States(cid:146) public
services, including methods of recruitment. Furthermore, it is for the Member States to ensure that their
national rules on access to the public sector are correctly applied. Therefore, the Commission does not
intend to present a proposal for Community legislation aimed at harmonising the Member States(cid:146) methods
of recruitment of civil servants.

However, the Commission, as guardian of the Treaties, monitors the correct application of the right of free
movement of workers in the public sector as interpreted by the Court of Justice.

(2001/C 113 E/209)

WRITTEN QUESTION P-2858/00

by Christopher Heaton-Harris (PPE-DE) to the Commission

Subject: Funding of the Danish referendum campaign

(5 September 2000)

The European Movement (Copenhagen Chapter) is reported to be acting as the lynch pin of the pro-euro
campaign in the Danish referendum. The UK chapter is similarly reported to have acted as the channel for
funds for the lobby group Britain in Europe.

Its Brussels head office receives € 300 000 per year from Item A-3021 which is intended to support named
(cid:145)organisations advancing the idea of Europe(cid:146).