WRITTEN QUESTION E-3572/01 by Bart Staes (Verts/ALE) to the Commission. Language discrimination in recruitment within the EU.
Date: 2002-01-08
Institutions: European Parliament, Provisional data
Subjects: European official, labour law, linguistic discrimination, mother tongue, recruitment

C 160 E/144

Official Journal of the European Communities

EN

4.7.2002

(2002/C 160 E/180)

WRITTEN QUESTION E-3572/01

by Bart Staes (Verts/ALE) to the Commission

(8 January 2002)

Subject: Language discrimination in recruitment within the EU

The Commission’s answer to my questions E-2901/01 and E-2944/01 (1) indicates that it has reprimanded
East West Consulting (EWC), which was contracted to select candidates for recruitment to work on the
Commission’s TACIS programme, for using an ‘inappropriate’ formulation in its advertisement for the post.
This consisted of a stipulation that candidates must be native speakers of English.
‘This clearly
discriminatory formulation should have been put in a better way so as to indicate that, in view of the
nature of the post to be filled, a good knowledge of a particular language was required’.

In a reply to an interested party, the Council of European Municipalities and Regions (CEMR) has indicated
that in future it will use the phrase ‘native speaker or person with an equivalent knowledge’
in its
advertisements.

Walter Schwimmer, the Secretary-General of the Council of Europe, has stated in an e-mail message that
he has inquired into how other international organisations communicate when seeking candidates for
‘native speaker posts’. ‘Most other international organisations explicitly use the term ’mother tongue‘ for
posts where this is required.’ In future, however, the Council of Europe will use the following description:
‘mother tongue or principal language of education’.

Does the Commission agree that the change of formulation is mere window-dressing and does little

1.
to remedy the problem at issue?

2.
Is the Commission aware that every year such newspapers as The Bulletin and European Voice
publish hundreds of advertisements concerning vacancies which explicitly (!) ask for English native
speakers?

Is the Commission aware that, among others, Videowatch ; the producer of audiovisual products
3.
which operates in the Commission’s radio and TV studios in Brussels ; recently recruited an ‘English
mother tongue’ member to its secretariat? Did it take action against this? If so, what action? If not, why
not?

4.
Does the Commission recognise that businesses which wish to recruit English native speakers are
discriminating against would-be applicants from 13 Member States of the European Union? If not, does
not the Commission’s view conflict with European legislation? If so, what will the Commission do to
eliminate this discrimination?

(1) OJ C 134 E, 6.6.2002, p. 142.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(13 March 2002)

The Honourable Member is in general referred to the replies of the Commission given to his previous
written questions on this topic, especially to E-4100/00 (1), E-779/01 (2) and E-1356/01 by Mr Gemelli (3).

1.
In view of the information already given in these replies, the Commission is of the opinion that the
change of formulation from ‘native speaker’ to ‘native speaker or person with an equivalent knowledge’ is
acceptable under Community-law, provided that a very high level of knowledge of a specific language is
necessary for the specific post. It is up to the national courts to evaluate individual cases of possible
discrimination of migrant workers on the basis of the concrete facts.

4.7.2002

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Official Journal of the European Communities

C 160 E/145

2.

The Commission is aware of this fact.

3.
In relation to Videowatch ; the contractor supplying broadcast services to the Commission ; the
company placed an advertisement in the Bulletin which included the wording referred to. The Commission
has since drawn the attention of its contractor to the importance of not repeating this wording in future
advertisements.

4.
Individual cases have to be evaluated by the national courts on the basis of the information contained
in the replies to written questions E-4100/00 and E-779/01. The Commission is not competent to start
in relation to
proceedings against private companies and non-governmental organisations (NGO’s)
Community-law on free movement of workers. Therefore,
it is up to the migrant workers who feel
discriminated to start proceedings against the relevant companies or NGO’s.

(1) OJ C 174 E, 19.6.2001.
(2) OJ C 235 E, 21.8.2001.
(3) OJ C 350 E, 11.12.2001.

(2002/C 160 E/181)

WRITTEN QUESTION E-3577/01

by Camilo Nogueira Román (Verts/ALE) to the Council

Subject: Inclusion of Galicia in the Iberian high-speed rail network

(9 January 2002)

In the White Paper entitled ‘European Transport Policy for 2010: time to decide’ (1), the Commission
includes the Iberian high-speed rail network amongst the 60 proposals put forward under the policy. How
is Galicia to be included in the rail scheme, both within the Galician network and the latter’s links with the
rest of Spain and with France, and in the Ferrol-Lisbon corridor? What timetable for the construction work
has been established and how much funding has been allocated? What relevant proposals have been put
forward by the Spanish and Portuguese Governments?

(1) COM(2001) 370 final.

(2002/C 160 E/182)

WRITTEN QUESTION E-0065/02

by Camilo Nogueira Román (Verts/ALE) to the Council

Subject: Galicia and the European rail transport network

(25 January 2002)

The Spanish presidency’s priorities, presented by the Foreign Minister, include the boost to be given by the
European Council in Barcelona in March to a European area of transport and telecommunications as a
guarantee of an efficient use of resources and an integrated economy.

In this context, what expectations as regards timescale and budget does the Council have, during the
Spanish presidency, for finalising the high-speed train link between Galicia and the centre of Europe and
Portugal? Will it abide by the deadline of 2007?

Joint answer
to Written Questions E-3577/01 and E-0065/02

(25/26 March 2002)

The Commission proposal on the revision of the Decision No 1692/96/EC on Community guidelines for
the development of the trans-European transport network (1) provides details about the railway network
development in Spain (see maps 3,0 and 3,5 of the Annex to the Proposal). The proposal provides
furthermore for the interoperability of the Iberian high-speed rail network.