WRITTEN QUESTION E-1505/02 by Stavros Xarchakos (PPE-DE) to the Commission. Selective application of Directive 1999/70/EC.
Date: 2002-05-29
Institutions: European Parliament, Provisional data
Subjects: EC Directive, EU control, Greece, framework agreement, national implementing measure, physician, temporary employment, work contract

C 277 E/220

Official Journal of the European Communities

EN

14.11.2002

(2002/C 277 E/241)

WRITTEN QUESTION E-1500/02

by Professor Sir Neil MacCormick (Verts/ALE) to the Commission

(29 May 2002)

Subject: Travellers

Will the Commission please state its opinion on the following propositions?

Since 1989, when the two resolutions on gypsy travellers’ and occupational travellers’ education (1)
the Commission has earmarked funding through the Socrates programme to support

1.
were passed,
collaborative, innovative, international projects to support the necessary step changes.

The recent changes in the review and evaluation process associated with new applications for
2.
funding has led to a serious drop in traveller-focused projects being successful at getting funding. As a
result the situation is now critical, with both EFECOT and Interface facing the imminent prospect of
closure. The loss of these two very effective networks cannot be calculated but there is no mistaking the
consequences of a lack of a capable and informed information base. Traveller issues will once again be in
the periphery with few opportunities for their voices to be heard, nor for concerted and coherent actions
to be promoted.

(1) OJ C 153, 21.6.1989, p. 1 and 3.

Answer given by Mrs Reding on behalf of the Commission

(27 June 2002)

As the Honourable Member points out, the Commission has a long record of interest in ensuring that
support is given to initiatives aimed at improving the education and training of travellers.

Under the current phase of Socrates (2000-2006), this target group has been made one of the main
priorities for support across all the programme’s actions in every sector of education: school (and pre-
school) education, higher education, adult education and other educational pathways.

As this target group is a priority within the Socrates Programme, funding has been allocated every year to
projects promoting the education of gypsies and travellers, including during the 2000 and 2001 selection
rounds. With a view to guaranteeing best use of public money and better quality of projects, Commission
decisions to fund or reject project proposals are based on an independent, external evaluation carried out
by experts in the field. Where new project proposals are not selected for funding, promoters receive a
letter outlining the reasons underlying the decision and are encouraged to seek advice from the
appropriate services of
the Commission. The Commission believes that project quality is the only
appropriate basis for project selection.

(2002/C 277 E/242)

WRITTEN QUESTION E-1505/02

by Stavros Xarchakos (PPE-DE) to the Commission

Subject: Selective application of Directive 1999/70/EC

(29 May 2002)

According to accusations repeatedly made by the IKA Association of Scientific Health Care Staff in Greece,
the Greek Government is refusing to apply the provisions of Directive 1999/70/EC (1) (which Greece ought
to have adopted and implemented by 2000). This directive obliges the EU Member States to convert
successive fixed-term contracts covering many years into contracts of an indefinite duration by July 2002.
As a result of this decision, approximately 5 500 doctors who have for years been working for the Social
Security Institution (IKA) > many of whom have been working there for 20 years > will remain in an
insecure situation, in spite of the fact that they work to meet fixed and constant needs in a particularly
sensitive and key sector, which suffers from immense deficiencies and problems.

14.11.2002

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Official Journal of the European Communities

C 277 E/221

It should be noted that there are already opinions issued by distinguished jurists as well as decisions by the
Greek courts (275/1993 by Areios Pagos (Supreme Court) and 5239/2001 and 5240/2001 by the Athens
Appeal Court) vindicating IKA’s scientific and health care staff and recognising that these doctors have
work contracts of an indefinite duration, exactly as stipulated by Directive 1999/70/EC.

Is the Commission aware that the Greek government intends to apply this directive in a selective manner?
What action does it intend to take to ensure that the Greek government complies with the directive’s
provisions, to protect the 5 500 IKA doctors and to ensure, as far as possible, that this large security
organisation, which is responsible for providing medical care to millions of Greeks, functions more
harmoniously?

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

Answer given by Mrs Diamantopoulou on behalf of the Commission

(27 June 2002)

Directive 1999/70/EC concerning the framework agreement on fixed-term work concluded by ETUC (1),
UNICE (2) and CEEP (3)
is applicable to fixed-term workers who have an employment contract or
relationship as defined in law, collective agreements or practice in each Member State. The Directive does
not exclude the public sector from its scope.

One of the purposes of the Directive is to prevent abuse arising from the use of successive fixed-term
contracts. It is, however, up to the Member States themselves to decide, after consultation of the social
partners, under what conditions fixed-term contracts shall be regarded as ‘successive’ or deemed to be of
indefinite duration.

As for the deadline for implementation, Greece has made use of the additional year granted by the
Directive, and shall, therefore, implement the Directive before 10 July 2002. The Greek Government has
not yet communicated to the Commission how it intends to legislate.

The Commission intends to evaluate the implementation in all Member States by the end of 2002 and will
take the necessary measures if it considers that the implementation is not correctly done.

(1) European Trade Union Confederation.
(2) Union of Industrial and Employers’ Confederations of Europe.
(3) European Centre of Enterprises with Public Participation.

(2002/C 277 E/243)

WRITTEN QUESTION E-1508/02

by Mihail Papayannakis (GUE/NGL) to the Commission

Subject: Veterinary medicinal products in the EU

(29 May 2002)

Licences for the distribution and supply of proprietary veterinary medicinal products are increasingly being
issued by the European Agency for the Evaluation of Medicines, while the separate national bodies for
issuing such licences are gradually being restricted to a supervisory role.

While this facilitates the functioning of the single internal market, other problems are arising:

> because of the cost, small firms operating in this area producing traditional medicinal products cannot

support their case to the European Agency for the Evaluation of Medicines;

> small traditional ruminants in many countries, chiefly in southern Europe, together with equidae, do
not have any proper kind of scientific treatment available to them (nor, of course, are checks carried
out on residues) since producers are either unwilling or unable to carry out the relevant studies (on
waiting times etc.). Thus veterinarians give these animals treatment based on traditional methods and
there is no guarantee of food safety for products derived from them.