WRITTEN QUESTION E-0360/02 by Alexandros Alavanos (GUE/NGL) to the Commission. Supply teachers and Directive 1999/70/EC.
Date: 2002-02-14
Institutions: European Parliament, Provisional data
Subjects: EC Directive, application of EU law, teacher, temporary employment, work contract

4.7.2002

EN

Official Journal of the European Communities

C 160 E/213

namely a negative reaction to the phosphatase test and a positive reaction to the peroxidase test. Heat
treatment which goes beyond the minimum conditions for pasteurisation may lead to the inactivation of
the peroxidase enzyme, which results in a negative reaction to the test. The presence of peroxidase is thus
an essential characteristic of ‘pasteurised milk’.

It is correct that the durability of a milk is closely linked to its method of preservation, and ranges from
several days for pasteurised milk kept in the refrigerator to several weeks for ultra-high temperature (UHT)
milk kept at room temperature. However, both the labelling and the methods of presentation in shops
(refrigerated retail display cabinets) generally make it possible for consumers to obtain sufficient
information on these two parameters.

Moreover, the concept of freshness could not be made the subject of a general definition applicable to all
products, but would have to correspond to specific criteria drawn up for each type of product; given that
products considered to be fresh products are generally marketed at local level, there has been no need to
lay down these criteria at Community level.

The Commission does not have sufficient information on the procedure used to produce the milk to which
the Honourable Member refers. It is essential to have a more detailed description of this procedure in order
to assess whether the labelling of this product complies with Community legislation.

However, even though there is no strict definition of ‘fresh’ milk at Community level, the Member States
must at least enforce the general provisions of Article 2 of Directive 2000/13/EC, which stipulates that the
labelling of foodstuffs must not be such as could mislead the purchaser as to the characteristics, nature,
properties, method of manufacture or production of these foodstuffs, or attribute to them properties which
they do not possess.

(1) OJ L 268, 14.9.1992.

(2002/C 160 E/273)

WRITTEN QUESTION E-0360/02

by Alexandros Alavanos (GUE/NGL) to the Commission

Subject: Supply teachers and Directive 1999/70/EC

(14 February 2002)

Every year, in Greek primary and secondary schools, there are vacant posts for teachers. Every year, these
perennially vacant posts are filled by supply teachers so that the shortage of teachers does not create
problems in schools. The result of this situation is that the same teachers working very often at the same
school on fixed-term contracts of one school year are released and then re-recruited.

After 10 July 2002, the date by which all the Member States must have brought into force the legal,
regulatory and administrative provisions to comply with Directive 1999/70/EC (1) concerning the
framework agreement on fixed-term work, can that Directive also be applied to supply teachers in order
to convert their fixed-term contracts into indefinite contracts?

(1) OJ L 175, 10.7.1999, p. 43.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(19 March 2002)

According to clause 2 of the framework agreement annexed to the Directive (1), the agreement applies to
fixed-term workers who have an employment contract or employment relationship as defined in law,
collective agreements or practice in each Member State.

C 160 E/214

Official Journal of the European Communities

EN

4.7.2002

It is however up to the Member States, after consultation with the social partners, to determine under what
conditions fixed-term employment contracts or relationships shall be regarded as successive as well as
deemed to be contracts or relationships of indefinite duration.

(1) Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work

concluded by ETUC, UNICE and OJ L 175, 10.7.1999.

(2002/C 160 E/274)

WRITTEN QUESTION P-0395/02

by Nelly Maes (Verts/ALE) to the Commission

(8 February 2002)

Subject: Brittany in France

With respect to certain provisions connected, for example, with the environment or the law, Europe has
reminded France of its Community obligations and that it has to apply domestically what it has signed up
to. And rightly so! With regard to regional and minority cultures, however, no such reminder has yet been
given, despite the flagrant bad faith, not to say Jacobin arrogance, that France shows in wanting to stifle
the diversity of its cultures and peoples.

What measures will Europe take to require this founder member of the European Union to implement the
texts which it has signed?

Does Europe take the view that France’s attitude towards its minorities is compatible with all the
provisions of the Human Rights Convention and of the Charter of Fundamental Freedoms?

What measures will Europe take to prevent the early disappearance C in the next decade C of the Breton
language C the last surviving Celtic language on the continent of Europe C and culture, now that the
Bretons have exhausted all the legal avenues open to them?

Answer given by Mrs Reding on behalf of the Commission

(11 March 2002)

In the Commission’s opinion, the rights of persons belonging to minorities are part of the principles
common to the Member States, listed in the first paragraph of Article 6 of the Treaty on the European
Union. These principles, which have been set out in various international conventions (1), have been
the European Union (2). Article 21(1)
solemnly reaffirmed by the Charter of Fundamental Rights of
prohibits any discrimination based, among other
religion or
membership of a national minority, and Article 22 requires that the Union respect cultural, religious and
linguistic diversity. Article 51 of the same instrument specifies that the provisions of the Charter ‘are
addressed to the institutions and bodies of the Union with due regard for the principle of subsidiarity and
to the Member States only when they are implementing Union law’.

things, on ethnic origin,

language,

These principles are enforced by means of the infringement proceedings provided for in Article 226 of the
EC Treaty and by the political procedure laid down in Article 7 of the Treaty on the European Union.
Under the former, the Commission may bring the matter before the Court of Justice if the complaint
comes within the scope of Community law; this is notably the case where the Member State does not
transpose a Community directive correctly. Under the latter, if there is a serious or persistent breach of the
principles mentioned in Article 6, the Commission or one third of the Member States may refer the matter
to the Council, meeting in the composition of the Heads of State or Government.

Concerning the treatment of minority language communities in France,
the Commission has no
information suggesting that Community law has been wrongly applied or implying the existence of a
serious and persistent breach within the meaning of Article 7 of the Treaty on the European Union.