WRITTEN QUESTION E-1217/01 by Ilda Figueiredo (GUE/NGL) to the Commission. Age-based discrimination in access to employment.
Date: 2001-04-24
Institutions: European Parliament, Provisional data
Subjects: European Parliament, administration of the Institutions, age discrimination, information profession, job access, regulations for civil servants, self-employed person, servant (EU)

C 40 E/26

Official Journal of the European Communities

EN

14.2.2002

Reply

(8 October 2001)

The official
languages of the institutions of the European Union are Danish, Dutch, English, Finnish,
French, German, Greek, Italian, Portuguese, Spanish and Swedish. All the texts related to the Common
Foreign and Security Policy (CFSP) and the Common European Security and Defence Policy (CESDP) which
are submitted to the European Council or to the Council are translated into all these official languages.

However, in the area of the CFSP, as well as in the CESDP which forms an integral part of it, exchanges of
information among Member States and meetings at official level are currently conducted in English and
French on the basis of the Declaration on the use of languages in the field of the CFSP (Declaration No 30,
Treaty of Maastricht).

The rules and practices described above also apply to the Military Committee which is a Council body. The
use of language(s)
in multinational European military structures or formations not belonging to the
European Union, such as Eurocorps, is not a matter for the Council but for the contributing countries.

(2002/C 40 E/024)

WRITTEN QUESTION E-1217/01

by Ilda Figueiredo (GUE/NGL) to the Commission

Subject: Age-based discrimination in access to employment

(24 April 2001)

According to information provided by freelance interpreters who have worked for many years for the
European Parliament, the latter has started to use age as a criterion for employing such workers.

Whether or not freelance interpreters are objectively able to continue working, the European Parliament
has ceased offering contracts to such individuals who are 65 years of age or older.

In the light of Article 13 of the Treaty, what does the Commission think of this development, and does it
consider it acceptable that one of the EU institutions should infringe principles and Community legislation
which it itself approved?

Answer given by Mr Kinnock on behalf of the Commission

(1 August 2001)

Since the Honourable Member refers to contracts of freelance interpreters engaged by the Parliament, the
precise question raised by the Honourable Member is best addressed to the Secretariat General of the
Parliament.

However, on the general legal situation, the Commission can inform the Honourable Member that:

(cid:129) Article 13 of the Treaty of Amsterdam upholds the principle of non-discrimination,

inter alia on
grounds of age. Council Regulation (EC, ECSC, Euratom) No 628/2000 of 20 March 2000, amending
Regulation (EC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of Officials of the
European Communities and the Conditions of Employment of Other Servants of the Communities (1)
(CEOS), has established that the same conditions of recruitment and remuneration shall apply to
auxiliary conference interpreters whether engaged by the Commission or by the Parliament thereby
ensuring equality of treatment.

(cid:129) As a consequence of the adoption of Regulation (EC, ECSC, Euratom) No 628/2000, title III of the
CEOS applies to all auxiliary interpreters working for the Communities. Article 74 of that same title
states that the legal retirement age for auxiliary agents is 65 years. There are equivalent provisions in
the Member States(cid:146) public services. Moreover, relevant Community texts establishing a general

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Official Journal of the European Communities

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framework for equal treatment in employment and occupation expressly state that they shall be
applied without prejudice to national provisions laying down retirement ages. Applying article 74 to
all auxiliary agents, including auxiliary conference interpreters, avoids discrimination amongst those
agents.

(cid:129) Officials of the European Communities working in all EU Institutions are covered by the recruitment,

employment, and retirement provisions of the Staff Regulations referred to above.

(1) OJ L 76, 25.3.2000.

(2002/C 40 E/025)

WRITTEN QUESTION E-1227/01

by Ant(cid:243)nio Campos (PSE) and Paulo Casaca (PSE) to the Commission

Subject: Wine fraud in Portugal

(26 April 2001)

On 29 March 2001 the Portuguese press reported that 25 million litres of wine had been confiscated by
the Portuguese authorities on grounds of serious presumption of fraud.

Did the Portuguese authorities inform the EU institutions of this? Has the Commission monitored this
procedure? Could it provide an estimate of the volume of suspected adulterated wine held by the company
in question? Can it guarantee that this company will not be granted any Community subsidy so long as
such strong suspicions remain or in the event that they are confirmed?

Does the Commission not consider that this case has further highlighted the urgent need for immediate
administrative and legislative action to be taken to combat fraud and adulteration of foodstuffs, such as
milk, wine, oil and meat, given that such activities have taken on enormous proportions and had an
extremely harmful effect on consumers, farmers, the Community budget and the reputation of Community
institutions worldwide?

Supplementary answer
given by Mr Fischler on behalf of the Commission

(10 September 2001)

The European Anti-Fraud Office (OLAF) says that it asked the Portuguese authorities on 10 April 2001 for
further particulars following various reports in the Portuguese press in March. The Portuguese authorities
replied that the information in their possession led them to conclude that the case did not involve any
Community monies; they also pointed out that the case was (cid:145)sub judice(cid:146). The case did not need to be
communicated under Council Regulation (EEC) No 595/91 of 4 March 1991 concerning irregularities and
the recovery of sums wrongly paid in connection with the financing of the common agricultural policy
and the organisation of an information system in this field and repealing Regulation (EEC) No 283/72 (1).
The Regulation stipulates that, during the two months following the end of each quarter, Member States
are to communicate to the Commission a list of irregularities which have been the subject of initial
administrative or legal findings.

Member States have the prime responsibility for ensuring that payments under the European Agricultural
Guidance and Guarantee Fund (EAGGF) (cid:129) Guarantee Section have been made correctly and that a given
benficiary does not constitute an excessive risk. That entails, if necessary, taking the measures provided for
in Council Regulation (EC) No 1469/95 of 22 June 1995 on measures to be taken with regard to certain
beneficiaries of operations financed by the Guarantee Section of the EAGGF (2) and Commission Regulation
(EC) No 745/96 of 24 April 1996 laying down detailed rules for the application of Council Regulation
(EC) No 1469/95 (3).