WRITTEN QUESTION E-1844/03 by Bill Miller (PSE) to the Commission. Treatment of gays, lesbians and transsexuals in Poland.
Date: 2003-06-03
Institutions: European Parliament, Provisional data
Subjects: Community acquis, Poland, accession negotiations, application of EU law, derogation from EU law, discrimination on the basis of sexual orientation, equal treatment, public morality

C 88 E/46

Official Journal of the European Union

EN

8.4.2004

Answer given by Mr Patten on behalf of the Commission

(18 June 2003)

The EUR 175 million which the Commission intends to provide in the form of budgetary support to Egypt
is an acceleration in disbursements within existing programmes funded from the MEDA budget.

This decision is designed as an emergency response to mitigate the negative economic effects of the Iraq
war on the Egyptian economy. The immediate economic impact of the Iraq war on Egypt has been
considerable, especially in lost tourist revenue and diverted direct foreign investment.

On the issue of Egypt’s record on human rights, the Commission has not hesitated to raise issues of
concern with the Egyptian authorities when it has been judged appropriate to do so. The Association
Agreement, currently under ratification, will offer an additional and useful forum to discuss such issues.

(2004/C 88 E/0049)

WRITTEN QUESTION E-1844/03

by Bill Miller (PSE) to the Commission

(3 June 2003)

Subject: Treatment of gays, lesbians and transsexuals in Poland

It has been brought to my attention that the Polish Government is seeking derogation from certain EU
‘acquis’ in order that it can regulate on moral issues.

Is this an issue which has been raised, and what response has been given to them?

Answer given by Mr Verheugen on behalf of the Commission

(10 July 2003)

The Polish Government has sought and indeed succeeded to have a declaration on ‘public morality’
inserted in the Accession Treaty. This, however, does not imply that Poland was granted an exemption
from its duties and obligations under the EC Treaties. On the contrary, the present Member States have
issued a general joint declaration underlining that the declarations added to the Accession Treaty cannot be
interpreted or applied in a way contrary to the obligations of the Member States arising from the Treaty
and the Act of Accession. The Commission has fully subscribed to this declaration.

For this reason, the ‘acquis communautaire’ in this area, including the employment, equal treatment and
anti-discrimination acquis, will have to be applied in full by Poland upon accession at the latest. More
specifically, as regards the transposition of Council Directive 2000/43/EC of 29 June 2000 implementing
the principle of equal treatment between persons irrespective of racial or ethnic origin (1) and Council
Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in
employment and occupation (2), the Commission has always insisted with the Polish authorities (as it has
with all future Member States) that all the grounds for discrimination must be explicitly protected against,
and that legislation must thus explicitly refer to race or ethnic origin, religion and belief, disability, age and
sexual orientation. In other words, it has been made clear to the Polish government that this declaration on
‘public morality’ cannot be interpreted as absolving the Polish government from any of its obligations
under
for
Employment and Social Affairs also underlined that discrimination based on sexual orientation was not
covered by the current draft legislation on access to employment, vocational guidance and training and
that this had to be remedied in order to comply with the Directives.

to Poland the Commission’s Director-General

these Directives. During her

recent visit

(1) OJ L 180, 19.7.2000.
(2) OJ L 303, 2.12.2000.