WRITTEN QUESTION E-2112/03 by Proinsias De Rossa (PSE) to the Commission. Disability Directive.
Date: 2003-06-25
Institutions: European Parliament, Provisional data
Subjects: discrimination based on disability, equal treatment, integration of people with disabilities, national implementing measure, proposal (EU), worker with disabilities

C 11 E/248

Official Journal of the European Union

EN

15.1.2004

Concerning the second and third questions of the Honourable Member, the Commission recalls that the
Union does not have a specific competence in the sector of sport and that any harmonisation is not,
therefore, possible. Nevertheless, the Commission carefully follows the questions related to the debate on
trafficking in human beings. For example, during the negotiation about the transfer rules in football, the
Commission insisted on the fact that the International Federation of Football Associations (FIFA) should
develop control measures for the young players’ treatment (especially under 18 years old). It also allowed
the FIFA to organise the statute of players’ agents giving special attention to the control of their practices.

(1) OJ L 203, 1.8.2002.

(2004/C 11 E/276)

WRITTEN QUESTION E-2073/03

by Robert Evans (PSE) to the Commission

(24 June 2003)

Subject: Disability Living Allowance

In response to my previous question P-3184/02 (1) Commissioner Diamantopoulou stated that
the
Commission was considering a legislative proposal amending Regulation (EEC) 1408/71 (2), in particular its
Annex IIa. She also stated that this would be considered by the Spring of 2003.

Can the Commission inform me if
constituents can view this progress?

(1) OJ C 242 E, 9.10.2003, p. 48.
(2) OJ L 149, 5.7.1971, p. 2.

this proposal has been considered,

the results, and where my

Answer given by Mrs Diamantopoulou on behalf of the Commission

(8 July 2003)

The Commission has prepared a legislative proposal of miscellaneous amendments to Regulation (EEC)
No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed
persons and their families moving within the Community, including to its Annex IIa. One of the aims of
this proposal is to remove from Annex IIa benefits which do not meet the criteria of being ‘special’ and
non-contributory as defined by the European Court of Justice. It is foreseen that this proposal will be
adopted by the Commission in July 2003, and then presented to the Council and Parliament.

Once the proposal is adopted it will be published in the Official Journal, which is available in paper form
and ‘on-line’.

(2004/C 11 E/277)

WRITTEN QUESTION E-2112/03

by Proinsias De Rossa (PSE) to the Commission

(25 June 2003)

Subject: Disability Directive

EP resolution A5-0377/2001 (1) of 15 November 2001 called on the Commission to issue during 2003 a
draft directive based on Article 13 of the EC Treaty, aiming at equal treatment for people with disabilities,
whilst recognising their individuality and their right to be different.

What action has the Commission taken in response to this call and when will it be in a position to come
forward with such a directive?

(1) OJ C 140 E, 13.6.2002, p. 589.

15.1.2004

EN

Official Journal of the European Union

C 11 E/249

Answer given by Mrs Diamantopoulou on behalf of the Commission

(28 July 2003)

The Commission has taken note of Resolution A5-0377/2001 adopted by the Parliament. However, it
considers that the current priority is to ensure that the existing Community legislation is fully transposed
into national law.

framework for equal

Article 13 of the Amsterdam Treaty enables the Community to combat discrimination, inter alia, on the
grounds of disability. On the basis of this Treaty article, on 27 November 2000 the Council adopted
Directive 2000/78/EC establishing a general
in employment and
occupation (1). With regard to disability, this Directive recognises that the failure to provide reasonable
accommodation in the workplace can constitute discrimination. In practical terms such accommodation
includes measures to adapt the workplace for people with disabilities, for example adapting premises and
equipment, patterns of working time in order to facilitate their access to employment. The Directive must
be transposed by Member States by 2 December 2003, unless they decide to avail of an additional period
of three years to transpose the disability and age provisions of the Directive. The Directive will provide
people with disabilities with a very clear legal framework to protect them from unfair treatment and
discrimination in employment.

treatment

The Commission’s focus will therefore remain on ensuring that the legal acquis in the field of fighting
discrimination is transposed within the deadlines agreed by the Council. Employment is a major element in
achieving the inclusion and integration of people with disabilities into society.

The Commission has, nevertheless, proposed to the Member States that, in the report to the Parliament
and the Council to be produced by the Commission in 2006 on the implementation of the Equal
Treatment Directive, the case for using Community legislation to combat disability discrimination in areas
outside of employment should be examined. It has therefore requested Member States to take this issue
the Directive which they must provide to the
into account
Commission by December 2005.

in the reports on the application of

Furthermore, the Commission has started to prepare a Communication on the follow up to the European
Year of People with Disabilities.
In this respect, contributions from the various stakeholders to the
European Year of People with Disabilities 2003 will play an important role.

(1) OJ L 303, 2.12.2000.

(2004/C 11 E/278)

WRITTEN QUESTION E-2150/03

by Jean Lambert (Verts/ALE) to the Commission

(27 June 2003)

Subject: UK implementation of employment legislation with regard to sexual orientation

The principle underpinning EU Directive 2000/78/EC (1) of 27 November 2000 establishing a general
framework for equal treatment in employment and occupation is that there shall be no discrimination
whatsoever on the grounds of sexual orientation unless, in very limited circumstances, a difference of
treatment may be justified where a characteristic related to religion or belief, disability, age or sexual
orientation constitutes a genuine and determining occupational requirement.