WRITTEN QUESTION E-2611/03 by Proinsias De Rossa (PSE) to the Commission. Working hours and the SIMAP case (Case C-303/98) of 3 October 2000.
Date: 2003-08-28
Institutions: European Parliament, Provisional data
Subjects: application of EU law, case study, crew, invitation to tender, judgment of the Court (EU), labour law, national implementing measure, organisation of work, physician, working time

6.3.2004

EN

Official Journal of the European Union

C 58 E/187

Answer given by Mr Patten on behalf of the Commission

(18 September 2003)

The Commission reacted with concern to the disappearance from Cambodia of Thich Tri Luc, a Refugee
under the protection of the United Nations High Commissioner for Refugees (UNHCR), in July 2002.
The exact circumstances, under which he left Cambodia and came into police custody in Vietnam have not
been clarified. The Commission has not yet received any reply to its request to the Vietnamese authorities
for further information on Thich Tri Luc. Nor has the Commission confirmation yet of the exact charges
that the Vietnamese authorities now lay against him. In the past, the Union Presidency has repeatedly
requested that the authorities of Vietnam allow Union diplomats to attend trials of Persons of concern.
So far the authorities of Vietnam have not allowed foreign diplomats to attend any of these trials.
The Commission will continue to follow this case, via its Delegation in Hanoi and in close collaboration
with the Member States.

The Commission would like to recall that it attaches great importance to the rights of freedom of religion,
belief, expression and of a fair trial. The Union has repeatedly affirmed that human rights and
democratisation must form an integral part of all political dialogues with third countries. Religious
freedom, as one of the fundamental human rights, are addressed through the Union’s bilateral political
dialogues, and, when appropriate, through démarches and public declarations, as well as through Union
action in fora such as the United Nations Commission on Human Rights or the Third Committee of the
for Human Rights and democratic
United Nations General Assembly. The reference to the respect
principles
the
Commission to address human rights issues in its bilateral contacts with the Governments of these
countries.

in the Community-Co-operation Agreements with Vietnam and Cambodia enables

The Commission would like to reiterate that its overall policy towards Vietnam is to encourage and
support progress on human rights and democratisation, and to raise concerns where abuses occur or
where a deterioration in the situation becomes evident. The Commission, through its Delegation in Hanoi,
works closely with the Member States to monitor human rights developments in the country, participates
in all Union démarches to the Government of Vietnam on human rights issues.

(2004/C 58 E/201)

WRITTEN QUESTION E-2611/03

by Proinsias De Rossa (PSE) to the Commission

(28 August 2003)

Subject: Working hours and the SIMAP case (Case C-303/98) of 3 October 2000

In its answer to Written Question E-3515/02 (1) given on 2 December 2002, the Commission said that it
had decided to issue an invitation to tender for a study of the scope and consequences of the SIMAP case
for Member States.

In its answer to Written Question E-0535/03 (2) given on 24 March 2003, the Commission said that the
invitation to tender had been issued for this study and that a meeting with national experts had already
taken place on the implications of the judgment.

Why did the Commission wait for almost 2½ years before issuing the invitation to tender for this study?

When does it envisage the results of this study being completed and made public? Does it believe that this
should be done before it publishes its Communication on working time due by the end of 2003 which, it
has already indicated, will address the implications of the SIMAP judgement?

the Irish Government has already failed to meet

Given that
the 1 August 2003 deadline for the
transposition into Irish law of some elements of Directive 2000/34/EC (3), which extends the 1993
Working Time Directive to the excluded sectors, what views were presented by the Irish Government’s
representative at the meeting of national experts referred to by the Commission in its answer to Written
Question E- 0535/03?

(1) OJ C 110 E, 8.5.2003, p. 217.
(2) OJ C 192 E, 14.8.2003, p. 199.
(3) OJ L 195, 1.8.2000, p. 41.

C 58 E/188

Official Journal of the European Union

EN

6.3.2004

Answer given by Mrs Diamantopoulou on behalf of the Commission

(15 October 2003)

The Commission launched two invitations to tender for a study on the consequences of the judgment of
the Court of Justice in the SIMAP case (1). Unfortunately, the Commission did not receive any bids before
the deadline in response to the first invitation to tender and the only bid received in response to the
second invitation to tender was not acceptable.

The Commission plans to launch a new invitation to tender as soon as possible.

Finally, the transposal of Directive 2000/34/CE of the Parliament and of the Council of 22 June 2000 was
not on the agenda of the meeting with the national experts on working time to which the Honourable
Member refers.

(1)

Judgment of the Court of 3 October 2000 in case C-303/98, Sindicato de Médicos de Asistencia Pública (SIMAP)
and Conselleria de Sanidad y Consumo de la Generalidad Valenciana.

(2004/C 58 E/202)

WRITTEN QUESTION E-2619/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(2 September 2003)

Subject: Fulfilment by the firm Beiersdorf Hellas of commitments arising from the funding of

its

modernisation

In June 1996 the Ministries of the National Economy and of Development issued a joint ministerial
decision approving the application of the provisions of law 1892/90 to Beiersdorf Hellas’s three-year
business plan, and as a result its funding from the second Community support framework. Beiersdorf
Hellas ought to have used the investment to support production of its products and to maintain and
increase the number of its permanent posts to 288. In fact, starting in 1998 (cid:1) before it had finished
implementing its business plan (cid:1) it began to reduce staff numbers, which fell from 231 in 1998 to 192 in
2002, while its production decreased from 1900 tonnes in 1996 to 900 in 2002. Recently,
the
undertaking announced the definitive closure of its production unit. Since this business is evidently not
fulfilling the commitments it made, does the Commission intend to investigate this case and,
if the
allegations prove to be true, what measures does it intend to take?

Answer given by Mr Barnier on behalf of the Commission

(10 October 2003)

Beiersdorf Hellas’ project was part-financed by the Community under
Programme 1994-99.

the ‘Industry’ Operational

The Commission has been informed by the Greek authorities that official inspection showed a reduction in
the firm’s staff numbers and that this failure to satisfy the terms under which the investment project was
part-financed led the Law 1892/90 Consultative Committee, meeting on 9 July this year, to impose a
penalty of EUR 74 748,02 under that Law.

The authorities have informed the Commission that the relevant department will investigate the matter of
a change in the firm’s activities so that it can decide whether the subsidy ought to be recovered in part or
in full and a penalty applied under Law 1892/90.

Pending notification of the detailed conclusions from the investigation the Commission will itself look
carefully into the matter when the Industry Operational Programme is closed.