WRITTEN QUESTION E-1835/02 by Salvador Garriga Polledo (PPE-DE) to the Commission. Investment in eastern Europe.
Date: 2002-06-27
Institutions: European Parliament, Provisional data
Subjects: Central and Eastern Europe, access to information, business policy, dissemination of information, information network, investment abroad, investment promotion, small and medium-sized enterprises

6.3.2003

EN

Official Journal of the European Union

C 52 E/105

The report prepared by the experts has been presented to the competent Council Working Party.
3.
This report contains a suggestion for the creation of a database for the exchange of information on
missing persons.

The need to the creation of a new database requires further examination in the light of the
4.
possibilities already offered by databases established in the Schengen Information System, by Europol and
Interpol.

(1) OJ L 63, 4.3.1997, p. 2.

(2003/C 52 E/118)

WRITTEN QUESTION E-1835/02

by Salvador Garriga Polledo (PPE-DE) to the Commission

(27 June 2002)

Subject: Investment in eastern Europe

The Community authorities have repeatedly urged undertakings in the Community to invest in eastern
Europe and to take advantage of the opportunities offered in the region by the EBRD (European Bank for
Reconstruction and Development).

Nonetheless, many Community entrepreneurs who might wish to invest in the countries of eastern Europe
do not have the logistic support needed for receiving the information and assistance which would enable
them to decide where and how to invest in those countries.

Can the Commission provide information on the logistic support infrastructure which it is in a position to
supply to Community entrepreneurs wishing to invest in eastern Europe? Can it also explain what
channels are available for interested entrepreneurs to approach the Community authorities in order to
request support and assistance?

Answer given by Mr Liikanen on behalf of the Commission

(30 July 2002)

Attracting foreign investment is primarily the responsibility of the host country. In Central and Eastern
Europe, the Commission has supported initiatives to encourage inward investment in a variety of ways.

Through the application of the Europe Agreements, and the intensive co-operation with the candidate
countries preparing for Union membership, the Commission has assured that many laws and regulations
affecting business are aligned with those applicable in the Community, including inter alia that enterprises
of the Community are subject to the same rules as those of the host country (known as ‘national
treatment’) for their establishment and operations.

Pre-accession co-operation has also lead to significantly improving the environment for enterprises in other
areas, such as public policy, the quality of public services, public administration and infrastructure.

In addition, with the participation of candidate countries in the Multiannual Programme for Enterprises
and Entrepreneurship (2001-2005), businesses have access to information and advice about these markets
through Euro Info Centre (EIC) network.

EICs help companies to internationalise their activities by providing information on business opportunities
outside the Community, including funding opportunities, tenders for external aid, market analysis, legal
provisions applicable to businesses take-over or start-ups, sources of financing for small- and medium-
sized enterprises (SMEs), import and export regulations, co-operation initiatives and partner search, sectoral
opportunities in fields such as environment, energy, research and technological development.

C 52 E/106

Official Journal of the European Union

EN

6.3.2003

The network comprises 282 EICs of which 231 are located in Member States and 51 in candidate
countries (Poland 12, Bulgaria 8, Czech Republic 7, Hungary 7, Romania 6, Slovenia 3, Estonia 2,
Lithuania 2, Slovakia 2, Latvia 1, Cyprus 1). A further 23 will be opened later in 2002 (Poland 4,
Hungary 2, Romania 2, Latvia 1, Lithuania 1, Malta 1, and Turkey 12).

For countries such as Russia and Ukraine, the Partnership and Co-operation Agreements (PCAs) are an
important instrument to bring these countries in line with the legal framework of the single European
Market and the World Trade Organisation (WTO) system. The PCAs contain a number of evolutionary
clauses, including the perspective of a free trade area, and provide a framework for wide ranging co-
operation, including commercial and industrial co-operation. Technical assistance for economic restructur-
ing in Russia and Ukraine is provided through the TACIS programme.

Information on the business environment is provided by private sector organisations such as the European
Business Club in Moscow.

(2003/C 52 E/119)

WRITTEN QUESTION E-1842/02

by Glyn Ford (PSE) to the Commission

(28 June 2002)

Subject: Article 13 of the EC Treaty and transgender discrimination

Does the Commission agree that transgender discrimination is covered by Article 13 of the EC Treaty?

Is it also covered by the ‘Discrimination in the Workplace’ Directive?

If not, what plans does the Commission have to tackle transgender discrimination?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(29 July 2002)

1.
The questions posed by the Honourable Member concerning transgender discrimination give rise to
complex questions of interpretation of Community law and compatibility with fundamental rights (see in
particular the European Convention on Human Rights). Each case of transgender discrimination must be
the discrimination alleged by the
analysed on its merits,
transsexual.

the specific nature of

taking account of

2.
Although Article 13 of the Treaty does not explicitly cover transgender discrimination, it can be
deduced from the case law of the Court of Justice (1) that discrimination on grounds of the gender
reassignment of a person would be covered by the ban on discrimination on grounds of sex.

Assuming that the Honourable Member’s reference to the ‘Discrimination in the Workplace Directive’
3.
refers to Directive 2000/78/EC (2),
it should be noted that this Directive covers discrimination on the
grounds of religion and belief, disability, age and sexual orientation. Transgender discrimination is,
however, not one of the grounds covered by this particular Directive.

(1)

Judgment of 30 April 1996, Case C-13/94, P v S and Cornwall County Council. This case concerned the validity of
the dismissal of a transsexual because of his gender reassignment, in the light of Council Directive 76/207/EEC of
9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access
to employment, vocational training and promotion, and working conditions (OJ L 39, 14.2.1976).

(2) Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in

employment and occupation (OJ L 303, 2.12.2000).