WRITTEN QUESTION E-0951/02 by Konstantinos Hatzidakis (PPE-DE) to the Commission. Failure of Greece to comply with EU legislation concerning public health and consumer protection.
Date: 2002-04-10
Institutions: European Parliament, Provisional data
Subjects: Greece, action for failure to fulfil an obligation, consumer protection, infringement of EU law, infringement procedure (EU), national implementing measure, public health

C 229 E/162

Official Journal of the European Communities

EN

26.9.2002

Answer given by Mrs Diamantopoulou on behalf of the Commission

(31 May 2002)

the opinion that

the phrase ‘native speaker’

is not acceptable, under any
The Commission is of
circumstances, under Community law (see replies to the Honourable Member’s Written Questions
E-4100/00 (1) and E-0779/01 (2)). However, a requirement for ‘perfect knowledge’ cannot be seen, as
such, as illegitimate under Community law, provided that a very high level of knowledge of a particular
language is necessary for the post concerned; the employer has to justify the need for this requirement. As
the requirement for a perfect knowledge of a particular language is not, per se, contrary to Community
law,
from job
advertisements which require such a knowledge. However, the Commission recommends using a phrase
such as ‘perfect or very good knowledge of a particular language’ as a condition of access to posts for
which a very high level of knowledge of that language is necessary.

intend to urge Member States to ban this requirement

the Commission does not

The Commission will continue to use its powers to fight against any discrimination caused by a
requirement for ‘native speaker’ knowledge in job advertisements.

This also applies in its relations with its contractors.

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

(2002/C 229 E/188)

WRITTEN QUESTION E-0951/02

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(10 April 2002)

Subject: Failure of Greece to comply with EU legislation concerning public health and consumer protection

Will the Commission say in how many instances Greece may be presumed to be in breach of Community
legislation on public health and consumer protection, and in relation to which matters?

In how many instances (if any) is the Commission preparing to bring Greece before the Court of Justice,
and in relation to which matters?

Answer given by Mr Byrne on behalf of the Commission

(29 May 2002)

The Commission is currently dealing with 21 infringement files against Greece in the field of health and
consumer protection.

Twenty of these concern Greece’s failure to adopt or notify measures transposing 17 directives.

In the case of Directives 93/118/EEC and 96/43/EC (financing of health inspections and controls) and
Directives 95/69/EC and 98/51/EC (approving establishments in the animal feed sector), the Court has
already found against Greece.

Two other cases, concerning Directives 1999/20/EC (additives in animal feed) and 1999/89/EC (poultry
meat = health policy), are currently pending before the Court.

As regards failure to transpose Directives 98/27/EC (consumer protection: injunctions), 1999/44/EC (sales
of and guarantees for consumer goods), 1999/74/EC (protection of
laying hens), 2000/75/EC (blue
tongue), 2000/77/EC (animal nutrition = inspections), 2001/10/EC (scrapie), 2000/15/EC (bovine animals

26.9.2002

EN

Official Journal of the European Communities

C 229 E/163

and swine = health requirements), 2001/32/EC (organisms harmful to plants), 2001/33/EC (organisms
harmful to plants), 2001/64/EC (fodder plant seed and cereal seed) and 2001/79/EC (evaluation of
additives in animal feed), the infringement procedure has been launched but has not yet gone before the
Court.

The Court also found in two rulings that Greece had only partially transposed Directive 85/73/EEC
(veterinary fees). The Commission has also initiated infringement procedures for improper application of
Directives 91/628/EEC (transport of animals) and 93/119/EC (protection of animals at the time of
slaughter).

In addition it should be noted that, in order to ensure a better application of Community legislation, the
Commission monitors closely the follow up by Greece to the recommendations made in the reports on
inspections carried out by the Food and Veterinary Office (FVO).

In this context, the Member of the Commission responsible for Health and Consumer Protection has met
the Greek Minister for Agriculture on two occasions in the past year to review the situation and to urge
the Greek authorities to correct without delay the deficiencies in control systems identified in Food and
Veterinary Office (FVO) reports. The Director General for Health and Consumer Protection also recently
visited Athens to meet the General Director of the Ministry of Agriculture and the State Secretary of the
Ministry for Development to review what should be done to improve food safety and animal health
control systems in Greece. The Greek authorities committed themselves to addressing all outstanding issues
as a matter of priority and to keeping the Commission informed with regular updates.

(2002/C 229 E/189)

WRITTEN QUESTION E-0953/02

by Nuala Ahern (Verts/ALE) to the Commission

(10 April 2002)

Subject: Accidents at Sellafield

On 8 February 2002 another serious accident occurred at
the Sellafield complex necessitating the
temporary shutdown of one of the nuclear reactors. In December 2001 six nuclear reactors, including four
at the Sellafield complex, were shut down after a malfunction within a reactor in Scotland.

How many times in the last five years have security concerns forced the shutdown of reactors in Sellafield,
for what reason, and on what dates; and what information was received by the Commission on each
incident?

Answer given by Mrs de Palacio on behalf of the Commission

(21 May 2002)

The Commission is regularly informed of matters concerning nuclear safety in the Member States and the
candidate countries.
the Euratom Treaty the Commission has
responsibilities in the field of radiation protection.

In addition, under Chapter

III of

However, it would point out that the design and construction of nuclear power stations falls within the
sphere of responsibility of the Member States, and that the proper functioning of nuclear installations is
primarily the responsibility of nuclear operators under the supervision of the national safety authorities.
Therefore, the Commission receives no information whether security concerns forced the shutdown of a
reactor, as long as there is no radioactive release outside the plant.

It should also be pointed out that, as already announced to the European Parliament’s Industry, External
Trade, Research and Energy Committee, the Commission intends to submit a proposal, following on from
the conclusions of the Laeken European Council (14 and 15 December 2001), formalising a Community
approach to nuclear safety in the form of common standards and European control mechanisms.