WRITTEN QUESTION E-2837/03 by Alexandros Alavanos (GUE/NGL) to the Commission. Creation of a new airline from Olympic Airways.
Date: 2003-09-25
Institutions: European Parliament, Provisional data
Subjects: EU control, European Commission, Greece, air transport, carrier, collective agreement, exchange of information, labour law, transfer of businesses

C 58 E/206

Official Journal of the European Union

EN

6.3.2004

Answer given by Mr Liikanen on behalf of the Commission

(21 October 2003)

Framework Directive 2002/24/EC (1) lays down the procedure for Community type-approval of two or
three-wheel motor vehicles which are intended to travel on the road. Exempted from the scope of this
directive are bicycles with pedal assistence which are equipped with an auxiliary electric motor having a
maximum continuous rated power of 0,25 kW of which the output is progressively reduced and finally cut
off as the bicycle reaches a speed of 25 km/h, or sooner if the cyclist stops pedalling. Electric vehicles with
a continuous rated power or a maximum speed above those limits fall within the scope of the directive
and would need to fulfill the requirements for moped or motorbikes, depending on their characteristics.

The Commission has for the moment no intention to modify the Framework Directive nor has any
Member State proposed an amendment to the directive concerning electric bicycles.

(1) Directive 2002/24/EC of the Parliament and of the Council of 18 March 2002 relating to the type-approval of two

or three-wheel motor vehicles and repealing Council Directive 92/61/EEC, OJ L 124, 9.5.2002.

(2004/C 58 E/222)

WRITTEN QUESTION E-2837/03

by Alexandros Alavanos (GUE/NGL) to the Commission

Subject: Creation of a new airline from Olympic Airways

(25 September 2003)

The Hellenic Parliament recently adopted a law regulating the form and operation of a new airline,
Olympic Airlines, derived from Olympic Airways.

Article 11 of the new law annuls the collective labour agreements and procedures for reaching agreement
concluded with the trade unions, following their termination by the Board of Olympic Airways and
Olympic Aviation, while paragraphs 4 and 5 of Article 9 of Law 1876/1990, which govern the period of
validity of collective labour agreements, have ceased to apply.

Given that these developments constitute a change in industrial relations to the detriment of the workforce
during the transfer to the new company, will the Commission say:

1. whether

the annulment of articles of Law 1876/1990 governing compliance with collective
agreements and procedures for reaching agreement (an article of the new law) is consistent with
Articles 3 and 4 of Directive 98/50/EC (1) relating to the safeguarding of employees’ rights in the event
of transfers of undertakings, and

2. whether, in the event of non-compliance with the articles of Directive 98/50/EC, the Commission will
intervene, and in what manner, to safeguard the rights of the workers who are being transferred to the
new company and the rights of those remaining with the old company?

(1) OJ L 201, 17.7.1998, p. 88.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(23 October 2003)

The Commission has asked the Member State concerned for information regarding the facts raised to by
the Honourable Member. It will inform him of its findings.