WRITTEN QUESTION E-1339/01 by Glyn Ford (PSE) to the Commission. Religious discrimination.
Date: 2001-05-04
Institutions: European Parliament, Provisional data
Subjects: Treaty of Amsterdam, equal treatment, labour law, religious discrimination

C 364 E/86

Official Journal of the European Communities

EN

20.12.2001

6. Tanks and specialist fighting vehicles:

(a)

tanks;

(b) military type vehicles, armed or armoured, including amphibious vehicles;

(c) armoured cars;

(d) half-tracked military vehicles;

(e) military vehicles with tank bodies;

(f)

trailers specially designed for the transportation of the ammunition specified at paragraphs 3
and 4.

7. Toxic or radioactive agents:

(a)

toxic, biological or chemical agents and radioactive agents adapted for destructive use in war
against persons, animals or crops;

(b) military apparatus for the propagation, detection and identification of substances at paragraph (a)

above;

(c)

counter-measures material related to paragraph (a) above.

8.

Powders, explosives and liquid or solid propellants:

(a) powders and liquid or solid propellants specially designed and constructed for use with the

material at paragraphs 3, 4 and 7 above;

(b) military explosives;

(c)

incendiary and freezing agents for military use.

9. Warships and their specialist equipment:

(a) warships of all kinds;

(b) equipment specially designed for laying, detecting and sweeping mines;

(c) underwater cables.

10. Aircraft and equipment for military use.

11. Military electronic equipment.

12. Cameras specially designed for military use.

13. Other equipment and material.

14. Specialised parts and items of material included in this list insofar as they are of a military nature.

15. Machines, equipment and items exclusively designed for the study, manufacture, testing and control of

arms, munitions and apparatus of an exclusively military nature included in this list.

(2001/C 364 E/092)

WRITTEN QUESTION E-1339/01

by Glyn Ford (PSE) to the Commission

(4 May 2001)

Subject: Religious discrimination

Can the Commission confirm that Article 13 of the Amsterdam Treaty outlaws discrimination on the
grounds of religion? Can they therefore confirm that different treatment in employment law of Christian
ministers compared to Muslim imams or Baha(cid:146)i leaders would constitute such discrimination?

20.12.2001

EN

Official Journal of the European Communities

C 364 E/87

Answer given by Mrs Diamantopoulou on behalf of the Commission

(11 July 2001)

Under Article 13 EC (ex Article 6A), introduced by the Treaty of Amsterdam, the Council is entitled
1.
to take appropriate action, on a proposal from the Commission, to combat discrimination based, inter alia,
on religion or belief. However, this provision has no direct effect and does not grant individuals any right
which can be enforced before national courts or the European Court of Justice.

Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment
in employment and occupation (1) is based on Article 13 of the EC Treaty.

This Directive establishes a general principle of prohibition of any direct or indirect discrimination based,
inter alia, on religion or belief. Article 4(2) of the Directive deals specifically with churches and other
public and private organisations based on religion or belief. This provision would allow the religious
employer to justify differences of treatment on grounds of religion or belief which are necessary to
maintain the ethos of the relevant organisation or institution and to require that persons working for them
act in good faith and with loyalty to the organisation(cid:146)s ethos. Article 4(2), however, does not establish
a general exemption and provides that the differences of treatment which could be justified as referring to
a genuine, legitimate and justified occupational requirement for a specific job will depend on the context
or the nature of the job. The Directive also states very clearly that this provision should not justify
discrimination on any other ground.

The Member States now have until December 2003 to take the necessary measures at national level to
implement Directive 2000/78/EC.

The Commission does not have at its disposal any relevant information in order to be able to
2.
examine the existence of possible discrimination, in terms of employment conditions, between ministers of
different religions.

(1) OJ L 303, 2.12.2000.

(2001/C 364 E/093)

WRITTEN QUESTION E-1342/01

by Glyn Ford (PSE) to the Commission

(4 May 2001)

Subject: Employment rights for ministers of religion

Does the Commission take the view that its aim should be to ensure all workers have full employment
rights no matter what their occupation? When does it plan to extend these rights to ministers of religion,
who are currently being treated in some cases in an almost feudal manner by illiberal religious authorities?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(16 July 2001)

Community employment law applies in principle to all employees. However, the concept of an employee
is not itself defined in European employment law. As far as employment law is concerned, there therefore
exists no horizontal definition of an employee, which would be universally applicable across all Member
States. European Directives in the field of employment law therefore only apply to persons who, in the
Member States, are protected as employees under national employment law.

In some Member States, ministers of religion are not considered to be employees according to national
employment law. In such cases they are not covered by European employment law.