WRITTEN QUESTION P-2272/03 by Pedro Marset Campos (GUE/NGL) to the Council. Situation of workers at the Sintel company (Spain).
Date: 2003-07-07
Institutions: European Parliament, Provisional data
Subjects: Spain, bankruptcy, claim, telecommunications industry, worker consultation

13.3.2004

EN

Official Journal of the European Union

C 65 E/123

Answer given by Mr Solbes Mira on behalf of the Commission

(30 July 2003)

On 14/15 March 2002 the Ecofin and European Council decided to establish an investment Facility with
the aim of enhancing European Investment Bank (EIB) operations in Mediterranean Partner Countries, with
the clear priority of private sector development. They also decided to examine one year after the creation
of the Facility whether to incorporate it into an EIB majority-owned subsidiary.

The Facility was established in Autumn 2002 and the decision on whether to create an EIB majority-
owned subsidiary is now expected to be taken in Autumn 2003 by the Council,
in liaison with the
Commission and the EIB and after consultations with Mediterranean Partner Countries.

The Commission appreciates the Honourable Member’s interest in this matter and in the location of such a
bank in Bari. While it is at this stage premature to enter into such considerations, should a decision to
create a subsidiary be taken in Autumn 2003, its location will have to be chosen taking into account the
respective advantages of each possible location.

(2004/C 65 E/136)

WRITTEN QUESTION P-2272/03

by Pedro Marset Campos (GUE/NGL) to the Council

Subject: Situation of workers at the Sintel company (Spain)

(7 July 2003)

Although it is now almost two years since they accepted the government’s offer and conditions (agreement
of 3 August 2001) designed to facilitate the introduction of a package of measures to resolve the crisis at
Sintel with the involvement of all the parties concerned, the workers at the bankrupt Sintel company
remain as defenceless now as they were when the crisis first arose.

The workers’ legal representatives have still not been invited to meet with receivers, the government or the
Telefónica telecommunications company, as a party involved in the bankruptcy procedure, given that the
workers are the main creditors. Without the participation of the workers it is difficult to see how the
agreement can be implemented.

It has been two years since bankruptcy was declared (by order of 28 May 2001) and yet no meeting of
creditors has as yet been called to appoint official receivers, thereby making it impossible for the workers
to exercise their rights as creditors. Many aspects of the agreement have not been complied with and the
workers’ rights have not been upheld.

1.

Is the Council aware of this situation?

Does it not believe that the Spanish Government ought to ensure compliance with the agreement

2.
reached with the workers at Sintel?

3. Will it say what action the EU is taking with regard to the Sintel case and the apparent failure on the
part of the Spanish Government to honour the agreement?

Reply

(17 November 2003)

The Council is aware of the fact that the implementation of the rescue package in respect of the failed
telecommunications company Sintel is a particularly sensitive subject in Spain.

Community legislation adopted in recent years demonstrates that the information and consultation of
employees and their representatives is an important issue for the Council.

C 65 E/124

Official Journal of the European Union

EN

13.3.2004

Provisions on employee information and consultation are contained in Council Directive 94/45/EC of
22 September 1994 on the establishment of a European Works Council or a procedure in Community-
scale undertakings and Community-scale groups of undertakings for the purposes of informing and
consulting employees (1), Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of
the Member States relating to collective redundancies (2) and Council Directive 2001/23/EC of 12 March
2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’
rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (3).
Another key instrument in this context is Directive 2002/14/EC of the European Parliament and of the
Council of 11 March 2002 establishing a general framework for informing and consulting employees in
the European Community (4), which the Member States should implement no later than 23 March 2005.

However, the Commission is responsible for monitoring and, where appropriate, enforcing the application
of the relevant directives by the Member States. The Council is consequently not in a position to comment
on this specific case.

(1) OJ L 254, 30.9.1994, p. 64.
(2) OJ L 225, 12.8.1998, p. 16.
(3) OJ L 82, 22.3.2001, p. 16.
(4) OJ L 80, 23.3.2002, p. 29.

(2004/C 65 E/137)

WRITTEN QUESTION E-2278/03

by Roger Helmer (PPE-DE) to the Commission

(9 July 2003)

Subject: National citizenship

Does the Commission recall the words of Our Lord, to the effect that no man can serve two masters, since
either he will love one and hate the other, or vice versa?

By what right do the EU institutions imagine that they can foist a new and additional ‘citizenship’ upon the
citizens of EU Member States, who for the most part have not wanted or requested or consented to such
an additional citizenship?

What mechanism is available for citizens of Member States to reject and repudiate this so-called
‘citizenship’, and to affirm that their citizenship, their identity and their loyalty remain wholly and
undividedly invested in their own country?

Answer given by Mr Prodi on behalf of the Commission

(18 September 2003)

The Treaty on the European Union (Maastricht Treaty) (cid:1) drafted by a Conference of representatives of
Member States’ governments and ratified by all the Member States in accordance with their constitutional
rules (cid:1) introduced a provision into the EC Treaty which runs as follows:

Citizenship of the Union is hereby established. Every person holding the nationality of a Member

1.
State shall be a citizen of the Union.

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

2.
duties imposed thereby (Article 17 of the EC Treaty).

The Amsterdam Treaty (cid:1) drafted and ratified in the same manner (cid:1) added the following sentence to the
first paragraph:

Citizenship of the Union shall complement and not replace national citizenship.

This provision was incorporated without substantial changes into Article I-8 of the draft Constitution
prepared by the European Convention, which was composed to a very large degree of representatives of
national parliaments and national governments.