WRITTEN QUESTION E-2870/01 by Jorge Hernández Mollar (PPE-DE) to the Commission. Living and working conditions for Andalusian day labourers in the French wine harvest.
Date: 2001-10-17
Institutions: European Parliament, Provisional data
Subjects: Andalusia, France, equal treatment, harvest, migrant worker, non-standard employment, viticulture, work contract, working conditions

16.5.2002

EN

Official Journal of the European Communities

C 115 E/181

Title VI of the Agreement includes a number of provisions in the social field. In particular, Article 64
specifies that Moroccan nationals employed in the Member States should receive equal treatment as regards
working conditions, remuneration and dismissal. The Agreement does not, however, include provisions on
access to employment by Moroccan nationals. This remains a question for individual Member States.

The Commission has not had the opportunity to study in detail the 25 July 2001 Spain-Morocco labour
agreement (2) referred to by the Honourable Member. A priori it seems, however, as if this agreement
would indeed raise questions concerning its compatibility with the principles enshrined in the 20 June
1994 Council resolution on limitations on admission of third-country nationals to the territory of the
Member States for employment (3).

With the above Resolution the Council of the Union unanimously agreed that the national policies of
Member States in respect of third-country nationals seeking admission to, or permission to remain in, their
territories for employment should be governed by certain principles which might not be relaxed by
Member States in their national legislation.

include the general rule that Member States will
These ‘principles governing Member States’ policies’
consider requests for admission to their territories for the purpose of employment only where vacancies in
a Member State cannot be filled from within the Community labour market
(preference for the
Community labour market 4 point C i). Facilitated access of third country nationals under existing
bilateral agreements with third countries with especially close links to a Member State remains possible,
but Member States undertook to renegotiate these agreements in accordance with the terms of the
resolution (standstill-clause, point C vii)

The wording of the 25 July 2001 Spain-Morocco labour agreement contains no indication that an
evaluation must be carried out that the concerned Spanish vacancies cannot be filled from within the
Community labour market, before offering it to Moroccan citizens. This might be a contradiction with the
above-mentioned principle of preference for the Community labour market, particularly as this agreement
had been concluded after the adoption of the Resolution on 20 June 1994 (the cut-off date foreseen in
point C vii of the resolution).

The above-mentioned Resolution is a political self-commitment of Member States and legally not binding.
It does not afford a ground for action by individual workers, employers or Community institutions.
the Commission was granted
Following the entry into force of
competence to propose binding Community law in the field of migration and it adopted on 11 July
2001 a proposal for a Directive on conditions of entry and residence of third-country nationals for the
purposes of paid employment and self-employed economic activity (4). This proposal takes up several
elements of the 1994 Resolution, including the principle that third-country nationals may only accede to
the Community labour market, if a post cannot be filled from within the Community labour market.

the Amsterdam Treaty in 1999,

(1) OJ L 70, 18.3.2000.
(2) Published in BOE num 226 of 20.9.2001, pp. 35091-35093.
(3) Adopted under the former Article K.1 of the Treaty on European Union, OJ C 274, 19.9.1996.
(4) COM(2001) 386 final.

(2002/C 115 E/189)

WRITTEN QUESTION E-2870/01

by Jorge Hernández Mollar (PPE-DE) to the Commission

(17 October 2001)

Subject: Living and working conditions for Andalusian day labourers in the French wine harvest

The French wine harvest is once again providing an opportunity for thousands of Andalusians to travel to
France and work in the vineyards while waiting for the olive harvest in their own region.

C 115 E/182

Official Journal of the European Communities

EN

16.5.2002

Nevertheless, Andalusians travelling to France to work in the grape harvest are still making two demands
aimed at obtaining decent conditions for their work: that they should have a contract before leaving their
homes and that they should be given adequate accommodation, with all the needs of people who work for
more than 14 hours a day being provided for.

Could the Commission play a part in ensuring that Andalusian workers taking part in the French wine
harvest achieve their objective of securing decent living and working conditions in return for their work
and long hours, and that they have a contract before leaving their homes in order to prevent the fraud and
deception which they face when they do not have any document regulating their work obligations in the
wine harvest?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(14 November 2001)

First, the Commission would like to draw the Honourable Member’s attention to Council Directive 91/533/
EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions applicable to
the contract or employment relationship (1). The aim of this Directive is to provide employees with greater
protection against possible infringements of their rights, and Article 2 of the Directive provides that the
employer is obliged to notify the employee of the essential aspects of the contract or employment
relationship.

Member States may provide that the provisions of this Directive are not applicable, for example to
employees whose contracts are of a total duration not exceeding one month.

Second, under Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement
for workers within the Community (2), seasonal workers have the right to be treated in the same way as
employees who are nationals of the Member State where they work,
including in terms of housing
(Article 9(1)). These workers may therefore demand all the rights and benefits, in terms of housing, which
are accorded to national workers in the same situation.

(1) OJ L 288, 18.10.1991.
(2) OJ L 257, 19.10.1968.

(2002/C 115 E/190)

WRITTEN QUESTION E-2877/01

by Bart Staes (Verts/ALE) to the Commission

(22 October 2001)

Subject: State aid for Ryanair at Charleroi airport

In answer to question P-1767/01 (1), the Commission says that ‘that in the light of recent press articles
(author’s note: concerning assistance from the Region of Wallonia for Ryanair’s operations at Charleroi
airport)
it intends to check whether the information it obtained earlier is still valid’. However, other
regional airports are querying the aid from the Region of Wallonia; according to them, there is a flagrant
breach of Community competition rules.

Apparently the Region of Wallonia grants the following assistance to Ryanair at Charleroi Airport:

4 funding of training for cabin and check-in staff;

4 a fee of BEF 5 000 per aircraft is charged for handling (sorting of baggage, accompanying passengers
etc.) which does not even cover costs whereas other airlines were previously charged BEF 60 000 per
aircraft;