WRITTEN QUESTION E-1751/02 by Juan Naranjo Escobar (PPE-DE) to the Commission. European Central Bank employees.
Date: 2002-06-19
Institutions: European Parliament, Provisional data
Subjects: Court of Justice of the European Union, European Central Bank, European official, Germany, application of EU law, decision-making body (EU), regulations for civil servants, social legislation, trade union

14.8.2003

EN

Official Journal of the European Union

C 192 E/15

The size and the scope of work to be undertaken by the new partnerships under the Union energy
initiative will develop over time, depending on the demand from the developing countries for the activities
offered through the initiative. The initiative would focus on activities (on a national or regional basis as
deemed appropriate by partner countries) in the following areas: institutional capacity building, technical
co-operation, transfer of knowledge and skills, market development, including facilitating adequate forms
of public-private partnerships, and facilitation of co-operation with financial institutions, and integration of
energy into other sectors.

Regarding African, Caribbean and Pacific (ACP) states, it is interesting to note that so far very few of the
ninth European Development Fund (EDF) ACP Country and Regional Strategy Papers, developed by
the beneficiary countries/regions themselves, feature a strong role for energy. Following the WSSD the
Commission will be organising a meeting for African officials to raise awareness of the role of energy
(including renewables)
in social and economic development, and to further develop partnerships for
the Union energy initiative. Awareness raising is central to the development of the initiative in view of the
limited demand.

Finally, for a more complete description of Commission views on these issues, the honourable Member is
invited to study the Commission’s comments on ‘Energy Co-operation with the development countries’ (1)
adopted on 17.7.2002.

(1) COM(2002) 408.

(2003/C 192 E/014)

WRITTEN QUESTION E-1751/02

by Juan Naranjo Escobar (PPE-DE) to the Commission

Subject: European Central Bank employees

(19 June 2002)

The leading trade union at the ECB considers that the social rights of the employees of that institution are
being violated because they neither enjoy the rights arising from the Staff Regulations nor benefit from
German labour law, which should apply by default since the seat of the ECB is in Frankfurt. The ECB
argues that its independence recognised in the Treaty allows it to pursue an autonomous personnel policy.

Does the Commission consider that the independence of the ECB justifies the current situation of that
institution’s employees?

Answer given by Mr Solbes Mira on behalf of the Commission

(2 August 2002)

The European Central Bank (ECB) has been established under Article 8 of the EC-Treaty. It acts within the
limits of the powers conferred upon it by the EC-Treaty and by the European System of Central Banks
(ESCB) Statute.

In particular, Article 36 (1) of the ESCB Statute stipulates that the Governing Council of the ECB lays down
the conditions of employment of the staff of the ECB and Article 36(2) stipulates the jurisdiction of the
European Court of Justice in any dispute between the ECB and its servants. This Article constitutes the
parallel to Articles 283 and 236 of the EC-Treaty, which are applicable to the officials of the Community.
In addition, the Protocol on Privileges and Immunities states, in its Article 23, that it shall apply also ‘to the
ECB, the members of its organs and to its staff’ in the same ways as it applies to the officials of the
Community.

In this situation, the question of a possible applicability of the labour law of the Host State to employment
conditions at the ECB does not arise. For reasons of transparency, the non-applicability of German labour
law has been recalled in Article 15 of the Headquarters Agreement between the Federal Republic of
Germany and the ECB.