WRITTEN QUESTION E-2118/03 by Claude Moraes (PSE) to the Commission. Temporary Agency Workers Directive.
Date: 2003-06-25
Institutions: European Parliament, Provisional data
Subjects: drafting of EU law, equal treatment, interinstitutional relations (EU), labour law, temporary employment, working conditions

6.2.2004

EN

Official Journal of the European Union

C 33 E/221

As regards privacy and data protection, in particular, the Commission recalls that, where applicable,
7.
the existing legal framework concerning data protection (in particular Directives 95/46/EC (1) and Directive
97/66/EC (2)
to be replaced by Directive 2002/58/EC (3)) contain appropriate rules concerning the
protection of privacy and the processing of personal data in the European context. Directive 95/46/EC
notably requires that processing pursue legitimate purposes. Directive 97/66/EC (and Directive 2002/58/
EC) notably include provisions on directories of subscribers to public communications services. The
Commission does not currently envisage additional binding rules.

(1) Directive 95/46/EC of the Parliament and of the Council of 24 October 1995 on the protection of individuals with

regard to the processing of personal data and on the free movement of such data, OJ L 281, 23.11.1995.

(2) Directive 97/66/EC of the Parliament and of the Council of 15 December 1997 concerning the processing of

personal data and the protection of privacy in the telecommunications sector, OJ L 24, 30.1.1998.

(3) Directive 2002/58/EC of the Parliament and of the Council of 12 July 2002 concerning the processing of personal
data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic
communications), OJ L 201, 31.7.2002.

(2004/C 33 E/225)

WRITTEN QUESTION E-2117/03

by Claude Moraes (PSE) to the Commission

(25 June 2003)

Subject: Data Protection Directive

The Data Protection Directive (95/46/EC (1)) was adopted EIGHT years ago in 1995.

Will the Commission please give details of which Member States have not yet implemented the Data
Protection Directive?

(1) OJ L 281, 23.11.1995, p. 31.

Answer given by Mr Bolkestein on behalf of the Commission

(23 July 2003)

The Honourable Member inquires which Member States have not yet implemented the Data Protection
Directive, Directive 95/46/EC of the Parliament and of the Council of 24 October 1995 on the protection
of individuals with regard to the processing of personal data and on the free movement of such data. All
Member States have notified implementing measures to the Commission. France notified the data
protection law of 1978 while announcing its intention to pass a new law that is not yet adopted.

The Honourable Member can find more details about the implementation of the Data Protection Directive
in the report recently adopted by the Commission (1) (15 May 2003).

(1) http://europa.eu.int/comm/internal_market/privacy/lawreport/data-directive_en.htm.

(2004/C 33 E/226)

WRITTEN QUESTION E-2118/03

by Claude Moraes (PSE) to the Commission

(25 June 2003)

Subject: Temporary Agency Workers Directive

Will the Commission please give its view on the failure to reach agreement on the Temporary Agency
Workers Directive on 3 June?

C 33 E/222

Official Journal of the European Union

EN

6.2.2004

Answer given by Mrs Diamantopoulou on behalf of the Commission

(12 August 2003)

The failure of the Employment and Social Affairs Council of 3 June 2003 to reach agreement on the draft
temporary agency workers Directive (1) was due to a blocking minority of four Member States (Denmark,
Germany, Ireland and the United Kingdom) who were demanding a permanent exemption for assignments
of less than six months from the application of the principle of equal treatment for temporary agency
workers. Such an exemption would have meant that the vast majority of temporary agency workers would
fall outside the scope of the equal treatment provisions of the Directive.

The Lisbon European Council (23 and 24 March 2000) called for a balance between flexibility and security
for Community labour markets. The Commission’s proposal tries to strike this balance by providing
minimum protection for temporary agency workers on the one hand, and by lifting current restrictions on
the use of that type of work in order to create jobs on the other. The Commission hopes that a common
position will be reached without delay and is committed to playing its role in ensuring that the mandate of
the Brussels European Council of March 2003 to reach agreement by December 2003 is respected.

(1) Proposal for a Directive of the Parliament and the Council on working conditions for temporary workers, OJ C 203 E,

27.8.2002 as amended, COM(2002) 701 final.

(2004/C 33 E/227)

WRITTEN QUESTION E-2124/03

by Bart Staes (Verts/ALE) to the Commission

(25 June 2003)

Subject: Recruitment of officials from the accession States

The Official Journal of the European Communities of 22 May 2003 (C 120 A (cid:1) Volume 46 (cid:1) EN)
announced 1 355 vacancies for which only nationals of the ten new Member States could apply (‘You must
be a … citizen’).

In a press release (IP/03/747) of 26 May 2003, the Commission stated that over a period of seven years
3 900 officials would be recruited from the new Member States.

Article 17 of the EC Treaty reads:

‘1.
Citizenship of the Union is hereby established. Every person holding the nationality of a
Member State shall be a citizen of the Union. Citizenship of the Union shall complement and not
replace national citizenship.’

Citizens of the Union shall enjoy the rights conferred by this Treaty and shall be subject to the

‘2.
duties imposed thereby.’

Article 39 of the EC Treaty reads:

1.

Freedom of movement for workers shall be secured within the Community.

2.
Such freedom of movement shall entail the abolition of any discrimination based on nationality
between workers of the Member States as regards employment, remuneration and other conditions of
work and employment (…)

4.

The provisions of this article shall not apply to employment in the public service.

Does Article 39(4) also apply to officials and other staff of the European institutions? On the basis of what
argument?