WRITTEN QUESTION E-2395/03 by Proinsias De Rossa (PSE) to the Commission. Implementation of the Anti-Discrimination at Work Directive — Directive 2000/78/EC.
Date: 2003-07-21
Institutions: European Parliament, Provisional data
Subjects: EU Member State, age discrimination, discrimination based on disability, employment policy, equal treatment, national implementing measure

C 51 E/244

Official Journal of the European Union

EN

26.2.2004

(2004/C 51 E/265)

WRITTEN QUESTION E-2395/03

by Proinsias De Rossa (PSE) to the Commission

(21 July 2003)

Subject: Implementation of the Anti-Discrimination at Work Directive (cid:1) Directive 2000/78/EC

Could the Commission name the Member State(s) that has(have) applied to make use of the additional
period allowed under Article 18 of Council Directive 2000/78/EC (1) to implement the provisions of the
Directive on age and disability discrimination or have indicated that they are considering making use of
this period? What is the Commission’s view of the failure of Member States to indicate their reasons for
making use of this period?

(1) OJ L 303, 2.12.2000, p. 16.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(22 August 2003)

Article 18 paragraph 2 of Council Directive 2000/78/EC of 27 November 2000 establishing a general
framework for equal treatment in employment and occupation states:
‘In order to take account of
particular conditions, Member States, may, if necessary have an additional period of three years from
2 December 2003, that is to say a total of 6 years, to implement the provisions of this Directive on age
and disability discrimination. In that event they shall inform the Commission forthwith. Any Member State
which chooses to use this additional period shall report annually to the Commission on the steps it is
taking to tackle age and disability discrimination and on the progress
is making towards
implementation’.

it

According to this provision the choice to make use of this additional period for the transposition of the
Directive as regards age and disability discrimination belongs to the Member States. The Commission’s
authorisation is therefore not needed. Nevertheless, when informing the Commission of its choice, the
Member State concerned must provide information on the ‘particular conditions’ which make it necessary
to defer the implementation date. Member States are, therefore, under a legal obligation to provide the
Commission with information on these ‘particular conditions’ which justify an additional period to
transpose the provisions on age and disability discrimination. Should Member States choose to make use
of this additional period, they are required to report annually to the Commission on the steps taken in
order to tackle age and disability discrimination. Taking account of the need to give an ‘effet utile’ to this
provision, a first report has to be sent by the implementation date of the Directive, i.e. 2 December 2003.

To date, only Denmark has formally indicated that it wishes to make use of an additional period of one
year until December 2004 to implement the provisions of Directive 2000/78/EC on the grounds of age
and disability.

(2004/C 51 E/266)

WRITTEN QUESTION E-2399/03

by Elspeth Attwooll (ELDR) to the Commission

Subject: EU funding possibilities for electricity grid connections

(21 July 2003)

It was recently reported that a small village in Wales used Objective 1 funding to help fund the connection
of a number of houses to the national grid electricity supply. Could the Commission confirm that the