WRITTEN QUESTION E-3016/03 by Ilda Figueiredo (GUE/NGL) to the Commission. European Year of People with Disabilities.
Date: 2003-10-14
Institutions: European Parliament, Provisional data
Subjects: European cultural event, European social policy, Portugal, action programme, discrimination based on disability, drafting of EU law, integration of people with disabilities

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WRITTEN QUESTION E-3016/03

by Ilda Figueiredo (GUE/NGL) to the Commission

(14 October 2003)

Subject: European Year of People with Disabilities

Given that the European Year of People with Disabilities is now coming to an end, and that criticism is
mounting from organisations representing people with disabilities about the lack of support and financial
resources both at national and at Community level (cid:1) and specifically from Portuguese organisations such
as CNOD (cid:1) to allow them to take part in various activities of interest to people with disabilities,

and that one of their major demands is for a proposal for a directive, pursuant to Article 13 of the Treaty,
to combat discrimination on grounds of disability, something which was, moreover, envisaged in my
report on implementing the Social Policy Agenda (A5-0247/2003), adopted by the European Parliament
on 3 September 2003,

would the Commission provide details of the action and measures it plans in response to these demands?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(20 November 2003)

Article 2 of the Council Decision 2001/903/EC of 3 December 2001 establishing the European Year of
People with Disabilities (EYPD) (1) defines the objectives of the European Year. These include awareness
raising, exchange of good practice and reinforcement of co-operation between the various stakeholders.
Article 11 stipulates EUR 12 million as the available budget for the EYPD.

It can already be said now that the EYPD is successful in achieving its objectives. The enthusiasm of non-
governmental organisations (NGOs) and other stakeholders is reflected through thousands of activities that
are being implemented in 2003. One consequence of the great interest in the EYPD is that not all activities
could be supported within the given financial framework.

The EYPD is, however, not an end in itself. The Commission as well as all Member States are dedicated to
making sure that the EYPD is properly followed up. Portugal for example intends to present a new
fundamental and general law on disability and chronic illness; a law on non-governmental organisations
representing people with disabilities and people with chronic illnesses and a national action plan
promoting accessibility (2004-2011).

The Commission has issued a Communication on the follow up to the EYPD that introduces a rolling
multi-annual Action Plan with the time horizon of 2010. The goal of the Action Plan is to mainstream
disability issues into relevant Community policies and develop concrete actions in crucial areas to enhance
the integration of people with disabilities. Three overall objectives are central to the proposed approach:
achieving full application of Council Directive (2000/78/EC) (2), reinforcing mainstreaming of disability
issues in relevant Community policies, and improving accessibility for all.

With regard to a Disability Directive based on Article 13 the Commission considers (cid:1) as outlined in the
response to Written Question E-2112/2003 by Mr de Rossa (3) (cid:1) that the current priority is to ensure that
the existing Community legislation (Directive 2000/78/EC) is fully transposed into national law.

In so far as the future of Union anti-discrimination policy is concerned, the Commission intends to launch
a public consultation (Green Paper) in spring 2004 on the future strategy to combat discrimination. This
paper will take stock of progress made in Union anti-discrimination policy and will raise issues/questions

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regarding future policy development. It will also address the new challenges posed by the enlargement of
the Union and will help to map out the way ahead for Union action on equality over the next five years or
more.

(1) OJ L 335, 19.12.2001.
(2) Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in

employment and occupation, OJ L 303, 2.12.2000.

(3) OJ C 11 E, 15.1.2004, p. 248.

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WRITTEN QUESTION E-3027/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(17 October 2003)

Subject: Discrimination against employees of OTE (Telecommunications Organisation of Greece)

Certain undertakings discriminate against workers on the basis of the age of recruitment. One of these
undertakings is the Telecommunications Organisation of Greece (OTE), which in its advertisements aimed
at recruiting staff with experience in the specialisation of telephone operator imposes an age-limit of 30 or
26 years for fixed-term part-time employment contracts. This practice means that a large number of
workers, primarily women (95 % of workers in this field are women), who have been employed for
decades are prevented from continuing to work and putting their experience to use because once they
have passed the specific age limit they cannot renew their contracts.

This practice contravenes Article 5(1) of Directive 97/81/EC (1) by placing obstacles in the way of
opportunities for part-time employment, and Directive 76/207/EEC (2) on the implementation of the
principle of equal treatment for men and women, as stated in the Court of Justice’s ruling in Case C-77/
2002, which pointed out that many more women than men work part-time and, consequently, under the
provision in question, are disqualified from the part-time employment system because of their age.

Could the Commission say whether the existence in a job advertisement of a provision which at first sight
seems neutral, such as that concerning the age limit, constitutes discrimination, given that it operates to
the detriment of those who are employed and wish to renew their contracts?

(1) OJ L 14, 20.1.1998, p. 9.
(2) OJ L 39, 14.2.1976, p. 40.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(20 November 2003)

The Honourable Member is asking the Commission if the application of recruitment age limits by the
Telecommunications Organisation of Greece amounts to indirect discrimination on grounds of sex given
that it affects mainly women.

treatment

Articles 2(1) and 3(1) of Directive 76/207/EEC of 9 February 1976 on the implementation of the principle
of equal
for men and women as regards access to employment, vocational training and
promotion, and working conditions prohibit direct and indirect discrimination on grounds of sex. In
accordance with the definition of indirect discrimination in Council Directive 97/80/EC of 15 December
1997 on the burden of proof in cases of discrimination based on sex and the jurisprudence of the
European Court of Justice, indirect discrimination exists where an apparently neutral provision, criterion or
practice disadvantages a substantially higher proportion of members of one sex unless the provision,
criterion or practice is appropriate and necessary and can be justified by objective factors unrelated to sex.