WRITTEN QUESTION E-1356/01 by Vitaliano Gemelli (PPE-DE) to the Commission. Discrimination against Italian citizens on the basis of linguistic ability.
Date: 2001-05-07
Institutions: European Parliament, Provisional data
Subjects: Belgium, discrimination on the basis of nationality, labour law, linguistic discrimination, professional qualifications, recruitment

C 350 E/132

Official Journal of the European Communities

EN

11.12.2001

Would the Commission be prepared to submit a proposal for a directive on electromagnetic pollution
which would go beyond the substance of the 1999 Recommendation and include the necessary measures
to protect the environment and human health, laying down criteria and limits to reduce or, wherever
possible, eliminate such pollution?

(1) OJ L 199, 30.7.1999, p. 59.

Answer given by Mr Byrne on behalf of the Commission

(3 July 2001)

As mentioned by the Honourable Member in her question, on 12 July 1999 the Council adopted
Recommendation 1999/519/EC on the limitation of exposure of the general public to electromagnetic
fields (0 Hz to 300 GHz) including the transmission frequencies used by mobile telephone systems.

In the face of the very rapid development of these systems and the fears to which they give rise in terms of
the health of exposed people, the Commission has decided to take all the necessary precautionary
measures. It has therefore asked the Scientific Committee on Toxicity, Ecotoxicity and the Environment,
attached to the Directorate-General for Health and Consumer Protection, to reexamine the matter and
deliver, in autumn 2001, a new scientific opinion on the risks to human health caused by exposure and on
adequate protective measures.

The Commission will take any action it considers necessary in the light of the report(cid:146)s conclusions.

The attention of the Honourable Member is further drawn to Community legislation on ensuring that
products such as base stations and mobile phones are safe. In order to comply with this legislation
(Directive 1999/5/EC of the Parliament and of the Council of 9 March 1999 on radio equipment and
telecommunications terminal equipment and the mutual recognition of their conformity (1) and Council
Directive 73/23/EEC of 19 February 1973 on the harmonisation of the laws of Member States relating to
electrical equipment designed for use within certain voltage limits (2)) manufacturers need to ensure that
products comply with strict safety standards following the latest scientific advice such as laid down in the
Council Recommendation.

(1) OJ L 91, 7.4.1999.
(2) OJ L 77, 26.3.1973.

(2001/C 350 E/143)

WRITTEN QUESTION E-1356/01

by Vitaliano Gemelli (PPE-DE) to the Commission

(7 May 2001)

Subject: Discrimination against Italian citizens on the basis of linguistic ability

With reference to a letter sent to me by Mr Marco Meneghini on 18 March 2001, I should like to know
whether or not the contents of that letter correspond to reality.

Job advertisements have appeared in certain European newspapers to fill posts in the Socrates and
Leonardo offices and the Youth Office in Brussels, all of which are financed by the Commission. However,
those job offers seem to be aimed principally at people with a perfect command of French or English.

Would the Commission say (cid:129) once spot checks have been carried out (cid:129) whether or not the state of
affairs described above is an accurate reflection of reality and whether or not it constitutes discrimination
based on language or nationality, which is specifically banned under Belgian legislation designed to combat
racism and under Article 211 of the European Charter of Fundamental Rights?

11.12.2001

EN

Official Journal of the European Communities

C 350 E/133

Answer given by Mrs Reding on behalf of the Commission

(5 July 2001)

Community law on the free movement of workers prohibits not only open discrimination on the basis of
in practice constitute a form of covert
nationality, but also the use of recruitment criteria that
discrimination. Conditions relating to linguistic knowledge required by reason of the nature of the post
in principle constitute discrimination on the grounds of nationality (Article 3,
to be filled do not
Paragraph 1 of Regulation (EEC) No 1612/68 of
the Council of 15 October 1968 on freedom of
movement for workers within the Community (1)), but in practice the use of a specific criterion (cid:129) such as
a candidate(cid:146)s mother tongue or native language (cid:129) for assessing the required level of knowledge may be
considered disproportionate in relation to the aim in view (Judgment of the Court of Justice of 6 June
2000 in Case C-281/98).

Organisations performing services under contract for the Commission, such as the Socrates, Leonardo and
Youth Technical Assistance Office, are required to operate in a wide range of languages and the staff
recruited by such organisations is composed of a wide range of nationalities and mother tongues. They
may from time to time require to recruit staff with a very high level of knowledge of a specific language or
languages. In so doing, they are bound to comply with all legal and administrative provisions applicable in
Belgium, including Community regulations on the free movement of workers, and are answerable to the
Belgian authorities for their compliance with such provisions.

(1) OJ L 257, 19.10.1968.

(2001/C 350 E/144)

WRITTEN QUESTION E-1360/01

by Bartho Pronk (PPE-DE) to the Commission

(7 May 2001)

Subject: European Social Fund (ESF) subsidies during the programming period 1994-1999

On 29 March 2001, the (cid:145)Interim report on research into subsidies from the European Social Fund for the
programming period 1994-1999(cid:146), also known as the Koning report, was published in the Netherlands. The
study was commissioned by Mr Vermeend, Minister for Social Affairs and Employment. The Minister
submitted the report to the Second Chamber in early April 2001.

1.

Has the European Commission noted that report?

Does it feel that that report has any implications for both the implementation of the agreements

2.
relating to the new period and approval in respect of the previous period?

The Netherlands Government intends to entrust the management of ESF funds in future to an agency.

The Minister for Social Affairs and Employment has stated that the European Commission has

3.
approved its plan. Is that really true?

I asked for information about the ESF Implementation Unit in the Employment Service in a previous
Written Question (E-0129/00 (1) dated 27 January 2000).

4.
Has the European Commission changed its views in the light of the Koning report? In its answer to
my Written Question referred to above, the European Commission said that it was the responsibility of the
Commission to check that the ESF programme had been implemented in a transparent, efficient and
correct manner, in accordance with the Regulation currently in force.

5.

Does the European Commission feel that it has adequately discharged its responsibility?

In its answer to my Written Question referred to above, it also said that it would negotiate with the
Netherlands Government with a view to making sure that the implementation chapters of the Single
Programming Document (SPD) provided a sufficient guarantee for that to be the case.

6.

Have the negotiations with the Netherlands Government now been completed?