WRITTEN QUESTION E-2869/01 by Jorge Hernández Mollar (PPE-DE) to the Commission. Community approval for the Spain-Morocco labour agreement.
Date: 2001-10-17
Institutions: European Parliament, Provisional data
Subjects: EU law, Morocco, Spain, bilateral agreement, equal treatment, labour force, labour law, migrant worker

C 115 E/180

Official Journal of the European Communities

EN

16.5.2002

(2002/C 115 E/187)

WRITTEN QUESTION E-2867/01

by Jonas Sjöstedt (GUE/NGL) to the Commission

(17 October 2001)

Subject: Commission projects to strengthen sport

According to Dagens Nyheter of 24 September 2001, the IOC signed a cooperation agreement with the
Commission in September 2001on ‘Sport, schools and the Olympic ideals in Europe’, the aim being to
promote sport’s ethical values amongst European schoolchildren. This is intended to help combat bribery
and doping scandals in sport.

Dagens Nyheter reported that three pilot projects are to begin, in France, the Netherlands and Germany. In
France, for example, the aim is to try to get 500 school classes to illustrate the Olympic ideals through art,
whilst Dutch schools are to adopt a global approach and discuss the Olympic ideals in their history,
geography and economics classes.

How much money are the above-mentioned projects going to cost the Union’s budget?

Answer given by Mrs Reding on behalf of the Commission

(30 November 2001)

The Honourable Member is referring to the action to promote the Olympic ideals in schools, which was
launched on 14 September 2001 by the Commission in conjunction with the International Olympic
Committee. The aim is to promote the ethical values of sport among European schoolchildren. Initially,
pilot actions will be organised with the French, Dutch and Italian Olympic Committees. Depending on the
results of the evaluation which will be carried out, the action could then be extended to all Member States.

The budget for the project is € 753 215, of which the Commission will contribute € 195 215.

(2002/C 115 E/188)

WRITTEN QUESTION E-2869/01

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

(17 October 2001)

Subject: Community approval for the Spain-Morocco labour agreement

The signature of the labour agreement between the Kingdom of Spain and the Kingdom of Morocco on
25 July 2001 in Madrid represents a highly significant step forward in the field of labour relations between
the two countries.

The arrangements introduced under the above agreement on the Moroccan workforce in Spain will affect
migrant workers from the Kingdom of Morocco as Moroccan citizens authorised to undertake paid work
for a third party on Spanish territory.

Given its implications for the remainder of the Community labour market, does the Commission consider
the formal structure of this agreement to be compatible with Community provisions in this regard, and
does it consider that the agreement tallies with a formal legal model with which all Community countries
should comply in order to ensure the homogeneity of Community legal provisions in all the EU Member
States?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(14 December 2001)

Relations between the Communities and its Member States and Morocco are governed by the Euro-
Mediterranean Agreement, which was signed by the parties in February 1996 and which entered into force
in March 2000 (1).

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Official Journal of the European Communities

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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 B 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.