WRITTEN QUESTION E-1930/01 by Proinsias De Rossa (PSE) to the Commission. Discrimination against free-lance interpreters.
Date: 2001-06-29
Institutions: European Parliament, Provisional data
Subjects: age discrimination, application of EU law, equal treatment, information profession, interpreting, regulations for civil servants, self-employed person

C 115 E/20

Official Journal of the European Communities

EN

16.5.2002

(2002/C 115 E/019)

WRITTEN QUESTION E-1930/01

by Proinsias De Rossa (PSE) to the Commission

(29 June 2001)

Subject: Discrimination against free-lance interpreters

Free-lance interpreters are, by their nature, ad-hoc workers hired only when needed, on a day-by-day basis.
They enjoy no job security and no lifelong pension. Given these and other essential differences, the Staff
Regulations had to be modified by a series of derogations for their application to free lances. The age limit
was not derogated.
free lances and serious
is applied, creating unjustified discrimination against
inconveniences to the Institutions’ interpretation services.

It

Does the Commission agree that it must abide by its own principles? (Proposal for a Council Directive
establishing a general framework for equal treatment in employment and occupation (500PC0652) and
Art.13 of the Charter).

Does the Commission not consider that by excluding people employed by it, solely on the basis of their
age, it violates its commitment to eliminate all forms of job discrimination in the EU?

What steps will the Commission undertake immediately to rectify this policy of discrimination?

Answer given by Mr Kinnock on behalf of the Commission

(10 October 2001)

The Honourable Member refers to the conditions governing free lance interpreters, now recruited by the
Commission under the status of Auxiliary Conference Interpreters (ACI). Such professionals currently
represent about 50 % of the total number of people used for conference interpretation.

A specific convention signed by representatives of the recognised body 9 the International Association of
Conference Interpreters (AIIC) 9 and fully applied by all European Institutions to all interpreters lays down
specific provisions on working conditions and remuneration for such staff, including access to institutional
training. The Commission also contributes to pension and sickness funds chosen by each interpreter at the
rate of about € 100 and € 4 respectively, per day of work.

The Honourable Member refers to relevant Community law, namely Council Directive 2000/78/EC of
in employment and
27 November 2000 establishing a general
occupation (1), which upholds the principle of non-discrimination,
inter alia on grounds of age. The
Directive expressly states that it shall be applied without prejudice to national provisions establishing
retirement ages. For Commission staff the mandatory retirement age is laid down in the Staff Regulations
and equivalent provisions exist in the Member States’ public services. The Community law is therefore not
violated.

framework for equal

treatment

With the adoption of Council Regulation (EC, ECSC, Euratom) No 628/2000 on 20 March 2000,
amending Regulation (EC, Euratom, ECSC) No 259/68 and laying down the Staff Regulations of Officials of
the Communities and the Conditions of Employment of Other Servants of the Communities (2), the same
conditions of recruitment and remuneration apply to conference interpreters engaged by the Commission
as for those who are engaged by the Parliament as auxiliary staff. As a consequence, Title III of the
Conditions of Employment of Other Servants applies to those auxiliary interpreters and Article 74 of that
same Title states that the legal retirement age for auxiliary agents is 65 years. There are therefore legal
constraints which prevent the Commission from granting a waiver.

(1) OJ L 303, 2.12.2000.
(2) OJ L 76, 25.3.2000.