WRITTEN QUESTION E-2961/03 by Alexandros Alavanos (GUE/NGL) to the Commission. Staff employed by the Community Support Framework Management Body (MOD-AE).
Date: 2003-10-08
Institutions: European Parliament, Provisional data
Subjects: application of EU law, collective agreement, competence of the Member States, labour law, labour relations, public sector, temporary employment, work contract

C 65 E/250

Official Journal of the European Union

EN

13.3.2004

Answer given by Mr Liikanen on behalf of the Commission

(11 November 2003)

For the time being the safety of electric installations of caravans is not covered by any Community
legislation. Electric connection of caravans to the mains on campsites is also excluded from Community
legislation. Electric installations and connections to the mains of caravans are subject
to national
installation rules in the Member States, which differ significantly.

1.
The Commission is aware of this non-harmonised situation in Europe with regard to the plug and
socket outlet system. All attempts to harmonise plugs and socket outlet systems for domestic use (i.e. up to
16A rated current) throughout the Union, which were heavily inspired by the Commission, have been
abandoned in the past. The majority of the Member States do not see the need to agree on a harmonised
solution. Various attempts were made by the European Committee for Electrotechnical Standardisation
(Cenelec) to agree a standard on these plugs, however, after several years of intensive meetings it has not
been possible to find consensus with the manufacturers of plugs and socket outlets.

2. With the current legal situation in Europe it is, therefore, not possible for the Commission to decide
on a harmonised connection system for caravans.

3.
It is within the Member States’ responsibility to decide on the connection system for caravans. Most
of the Member States accept the European CEE 7 connecting system for caravans. However, there is no
obligation to use this on European level.

(2004/C 65 E/265)

WRITTEN QUESTION E-2961/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(8 October 2003)

Subject: Staff employed by the Community Support Framework Management Body (MOD-AE)

Under Law 2372/96 (Official Gazette of 23 February 1996)
the Community Support Framework
Management Body (MOD-AE) was set up as a public limited company. This body was initially intended
to operate until 2003, a period subsequently extended to 2010 with the possibility of further extensions.

Article 8(1) of the ‘MOD-AE’ Articles of Association state that staff shall be recruited from the private
sector or seconded from the civil service or public sector under fixed-term renewable contracts which,
under Article 8(2), cannot be converted into open-ended contracts. The MOD-AE staff members,
numbering around 600, have been recruited gradually from the private sector since 1996 under fixed-
term contracts renewable every two years. At the same time, the company refuses to conclude a collective
agreement.

Following the adoption of Directive 1999/70/EC (1), is it possible for a legal provision to remain in
1.
force formally prohibiting the conversion of fixed-term into open-ended contracts in this or any other
public company?

Does the fact

the
the company is required to fulfil a specific task,
2.
Community support framework, constitute legal grounds entitling it to conclude fixed-term contracts with
its staff on an exclusive basis?

i.e. management of

that

Is the company entitled to refuse to conclude collective agreements regarding career advancement,

3.
overtime, training, working regulations, etc.?

4. What action will the Commission take to bring the MOD-AE into line with Directive 1999/70/EC?

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

13.3.2004

EN

Official Journal of the European Union

C 65 E/251

Answer given by Mrs Diamantopoulou on behalf of the Commission

(20 November 2003)

Council Directive 1999/70/EC of 28 June 1999, concerning the framework agreement on fixed-term
1.
work concluded by ETUC, UNICE and CEEP does not provide for transformation of fixed-term contracts
into permanent contracts.

It states, however, that in order to prevent abuse arising from the use of successive fixed-term contracts,
the Member States must introduce at least one of the following measures:

(a) objective reasons justifying the renewal of fixed-term contracts or relationships;

(b)

the maximum total duration of successive fixed-term contracts or relationships;

(c)

the number of renewals of such contracts or relationships.

It is the Member States who, after consultation with the social partners, determine under what conditions
the fixed-term employment contracts shall be regarded as ‘successive’ and when they shall be deemed to be
contracts of indefinite duration.

It is for the authorities in the Member States, and ultimately for the European Court of Justice, to
the company

2.
determine what could be considered objective reasons for renewals.
employing the workers is temporary, it seems that this could constitute an objective reason.

If the nature of

Negotiating and concluding collective agreements is an extremely important tool for regulating
3.
working conditions. It is recognised as such in the EC Treaty as well as in Community legislation and it is
also mentioned in the European Union Charter on Fundamental Rights. The procedure for concluding
collective agreements is however determined by national law. There is no Community legislation which
obliges an individual employer to conclude a collective agreement.

The Commission is currently examining the national measures transposing Directive 1999/70/EC.
it will start

the transpostition is incorrect or

incomplete,

that

4.
Should these examinations reveal
infringement procedures if necessary.

(2004/C 65 E/266)

WRITTEN QUESTION P-2974/03

by Helena Torres Marques (PSE) to the Commission

(6 October 2003)

Subject: Spain’s lack of commitment to building the motorway linking Salamanca with Portugal

Anyone driving from the heart of Europe to Salamanca in Spain has four-lane roads at their disposal all
the way.

From Salamanca onwards, there are only two narrow lanes, which means that everyone has to travel at the
speed of lorries.

Where the road leaves Salamanca in the direction of Portugal, there are huge billboards announcing the
building of a new four lane road co-funded by the EEC. In reality, until about half way to Ciudad Rodrigo
(the last Spanish town before the Portuguese border), work is proceeding so slowly, that at the point where
it stops it consists of nothing more than earth moving.

From Ciudad Rodrigo on, there is no work whatsoever being done, while as soon as the Portuguese border
is crossed, the entire road to A Guarda is being converted to four lanes.