WRITTEN QUESTION E-2450/03 by Marco Cappato (NI) to the Commission. Infringement by the Salerno Chamber of Commerce of legislation on fixed term employment contracts.
Date: 2003-07-23
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, competence of the Member States, equal treatment, labour law, temporary employment, traineeship, work contract

C 78 E/114

Official Journal of the European Union

EN

27.3.2004

(2004/C 78 E/0115)

WRITTEN QUESTION E-2448/03

by Georges Berthu (NI) to the Commission

(23 July 2003)

Subject: Inappropriate incentive to destroy hedgerows

Article 22(2) of Commission Regulation (EC) No 2419/2001 (1) of 11 December 2001 specifies that the
width of hedgerows taken into account when determining the surface area of agricultural parcels eligible
for area aid ‘must correspond to a traditional width in the region in question and shall not exceed 2 metres.
The Member States may […] allow a width greater than 2 metres if those areas were taken into account
for the fixing of the yields of the regions concerned.’

The upshot of these provisions is to encourage farmers to destroy hedgerows that exceed the permitted
width, at a time when their conservation would often seem to be an objective in the general interest.

Might the Commission present to the Council and the European Parliament a measure reforming the
article in question so as to put an end to its perverse effects?

(1) OJ L 327, 12.12.2001, p. 11.

Answer given by Mr Fischler on behalf of the Commission

(10 September 2003)

The Commission is committed to improving and maintaining the rural environment in the context of the
Common Agricultural Policy. It considers hedges and field ditches as being of great importance for wildlife
and other environmental functions across the whole farming spectrum. However, the Commission has also
to ensure that only eligible land may benefit from Community aid, hence the provisions under Article 22
of Commission Regulation (EC) No 2419/2001 of 11 December 2001 laying down detailed rules for
applying the integrated administration and control system for certain Community aid schemes established
by Council Regulation (EEC) No 3508/92, which were adopted only after much consideration of the
environmental issues involved, allow the Member States to decide that certain features such as hedgerows
may be considered part of the fully utilised area of an agricultural parcel.

Thus, the Commission considers that the regulatory provision cited by the Honourable Member provides
sufficient flexibility for Member States to account for specific environmental needs, and does not agree
with his assertion that the provisions of Commission Regulation (EC) No 2419/2001 encourage farmers to
destroy hedgerows.

Consequently, there are no plans to amend the article in question.

(2004/C 78 E/0116)

WRITTEN QUESTION E-2450/03

by Marco Cappato (NI) to the Commission

(23 July 2003)

Subject: Infringement by the Salerno Chamber of Commerce of legislation on fixed term employment

contracts

In Italy, the conclusion of fixed-term employment contracts is governed by Legislative Decree No 368 of
6 September 2001 (implementing Directive 1999/70/EC (1)).

The Salerno Chamber of Commerce, a public authority under the supervision of the Italian Ministry of
Production Activities by virtue of Article 4 1. 1993/580- has, for over ten years now, been inviting
applications for one-year ‘educational grants’.

27.3.2004

EN

Official Journal of the European Union

C 78 E/115

It could be said that this grant system is purely and simply part of the black economy, since the ‘grant
recipients’ are required to work without any social security cover for 36 hours a week (the same hours,
under the national collective labour contract, as Chamber of Commerce employees) and to perform exactly
the same tasks as regular employees and auxiliary staff (to the exclusion of any research and study
activities).

This year, the ten ‘grant recipients’ taken on referred this matter, by recorded delivery letter of 5 April
2003, to the Salerno Labour Inspectorate, which is an integral part of the Italian Ministry of Labour and
Social Policies. Three months down the line, this body has still to report the results of any enquiries it has
conducted in relation to this year or previous years.

the EC Treaty provides that

Article 136 of
‘The Community and Member States, having in mind
fundamental social rights such as those set out in the European Social Charter signed in Turin on
18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, shall
have as their objectives the promotion of employment, improved living and working conditions, so as to
make possible their harmonisation while the improvement is being maintained, proper social dialogue …’.

Article 211 of the EC Treaty provides that ‘… the Commission shall ensure that the provisions of this
Treaty … are applied’.

What initiatives will the Commission pursue to induce Italy to take steps to detect and penalise any abuses
that may have been committed by the Salerno Chamber of Commerce?

What other initiatives will it take to guarantee the impartiality of the bodies appointed to police abuses of
labour law in cases involving the public authorities themselves?

Finally, what initiatives will the Commission take to verify that it is not standard procedure for the public
authorities to use ‘educational grants’ to circumvent legislation on fixed-term contracts?

(1) OJ L 175, 10.7.1999, p. 43.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(14 August 2003)

The Honourable Member refers to Directive 1999/70/EC of 28 June 1999 concerning the framework
agreement on fixed-term work concluded by ETUC, UNICE and CEEP (1).

This Directive lays down a principle of non-discrimination as regards employment conditions for fixed-
term workers compared to permanent workers. The Directive does not define a ‘worker’, but refers to the
definition made by law, collective agreements or practice in each Member State. Furthermore, the Member
State can provide that the Directive should not apply to initial vocational training relationships and
apprenticeship schemes or employment contracts and relationships which have been concluded within the
framework of a specific public or publicly-supported training,
integration and vocational retraining
programme.

If grant recipients believe they should be considered as workers according to Italian law or practice, they
must therefore bring the matter before a competent Italian authority.

(1) OJ L 175, 10.7.1999.

(2004/C 78 E/0117)

WRITTEN QUESTION E-2466/03

by Erik Meijer (GUE/NGL) to the Commission

(23 July 2003)

Subject: Systematic provision of information to police forces, businessmen and holidaymakers with a view
to ensuring that foreign tourists are not punished when they unwittingly break the law

1.
I understand that in early July a holidaymaker from the Netherlands visiting the Greek island of Crete
(Chersonissos) hired a scooter which was not supplied with a helmet and then had an EUR 78 fine