WRITTEN QUESTION E-3065/03 by Alexandros Alavanos (GUE/NGL) to the Commission. Discrimination against women.
Date: 2003-10-17
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, Greece, care of mothers and infants, contract terms, motherhood, sexual discrimination, work contract

C 70 E/208

Official Journal of the European Union

EN

20.3.2004

Answer given by Mrs de Palacio on behalf of the Commission

(24 November 2003)

The Netherlands have been consulted in the same manner as all Member States. Moreover, a number of
bilateral meetings between the Commission and industry representatives at various levels took place,
in order to discuss relevant matters of security of supply. Papers issued by the European gas industry have
been fully taken into account, when conceiving the proposal.

The Commission has to protect the fundamental interests of the Community taking into account the
principle of subsidiarity, as laid down in the Treaty establishing the European Communities. Beyond that,
the Commission is always striving for taking account of national circumstances prevailing in Member
States. This goes for the Netherlands, one of the largest Union gas producer, too.

The proposal for a Directive concerning measures safeguarding security of gas supply (1) calls for:

(cid:1) definition of roles and responsibilities of market participants in the new, unbundled and competitive

environment of a competitive natural gas market;

(cid:1) setting up of minimum standards for certain customers;

(cid:1) introduction of a safety net for long-term contracts;

(cid:1) setting up a solidarity mechanism for extraordinary gas supply situations (major supply disruption).

This has to be seen against the background that in a competitive and well functioning natural gas market,
the level of security of gas supply might be reduced due to increased competition among gas suppliers.
While large consumers of natural gas usually define themselves that level of security of supply they
consider most appropriate to their needs, small consumers (household, small commercial and public
entities without fuel switching capabilities) are not able to do.

In the long-term, the security of supply of the Union will more and more depend on imports from external
suppliers. These imports will come from more distant regions and entail more risks.

In order to overcome these problems a common framework is needed to ensure the security of gas supply
in a competitive natural gas market and in the long term.

For these reasons, the similarities between the two proposals are limited.

(1) OJ C 331 E, 31.12.2002.

(2004/C 70 E/224)

WRITTEN QUESTION E-3065/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(17 October 2003)

Subject: Discrimination against women

Article 6 of an employment contract for the recruitment of 44 agronomists by the ELGA Greek Farmers’
Insurance Organisation which is the responsibility of the Ministry of Agriculture, states that ‘in case of a
female employee becoming pregnant, and by the very nature of evaluation activities, thus prevented from
carrying out her duties, her employment contract shall be suspended with the option of resuming her
employment after the end of her maternity leave, subject to the needs of the service’. This provision of the
employment contract is an outright violation of the principle of equal treatment between men and women,
the Charter of Fundamental Rights, Community law as embodied in Directives 76/207/EEC (1) and 86/613/
EEC (2) and the case law established by the European Court of Justice.

20.3.2004

EN

Official Journal of the European Union

C 70 E/209

Does the Commission consider such employment contract provisions acceptable? What measures will it
take to have the contract invalidated?

(1) OJ L 39, 14.2.1976, p. 40.
(2) OJ L 359, 19.12.1986, p. 56.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(4 December 2003)

The Honourable Member is asking if the Commission considers acceptable a provision in an employment
contract which states that ‘in case of a female employee becoming pregnant, and by the very nature of
evaluation activities, thus prevented from carrying out her duties, her employment contract shall be
suspended with the option of resuming her employment after the end of her maternity leave, subject to
the needs of the service’.

Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage
improvements in the safety and health at work of pregnant workers and workers who have recently
given birth or are breastfeeding (1) requires employers to carry out a risk assessment in respect of activities
liable to involve a risk to pregnant workers, workers who have recently given birth or workers who are
breastfeeding. Should the assessment reveal a risk to health and safety, the risk must be removed, the
worker must be transferred to suitable alternative employment or Health and Safety leave must be granted.
During this leave, the employment rights relating to the employment contract, including maintenance of a
payment or an adequate allowance, are maintained. Directive 92/85/EEC also prohibits the dismissal of a
pregnant worker or a worker who has recently given birth or is breastfeeding during the period from the
beginning of the pregnancy to the end of the maternity leave period save in exceptional cases unrelated to
the pregnancy, having given birth or breastfeeding. Furthermore, Council Directive 76/207/EEC of
9 February 1976 on the implementation of the principle of equal treatment for men and women as
regards access to employment, vocational training and promotion, and working conditions prohibits
discrimination in relation to employment on grounds of sex. It is well established in European Court of
Justice case law that discrimination on grounds of pregnancy is direct discrimination on grounds of sex.

The provision in the employment contract referred to by the Honourable Member would appear to be in
contravention of Directive 92/85/EEC. It may also be contrary to Directive 76/207/EEC. As the ELGA
Greek Farmers’
the
Commission will contact the Greek authorities with a view to obtaining further information in relation
to this issue and will inform the Honourable Member as soon as the information is received.

the Ministry for Agriculture,

Insurance Organisation is

the responsibility of

(1) OJ L 348, 28.11.1992.

(2004/C 70 E/225)

WRITTEN QUESTION P-3067/03

by Kathalijne Buitenweg (Verts/ALE) to the Commission

Subject: Biometric data in visas and passports

(14 October 2003)

The European Commission is currently, through various proposals, working on the follow-up to one of the
conclusions of the Thessaloniki European Council of June 2003 which states that ‘a coherent approach is
needed in the EU on biometric identifiers or biometric data which would result in harmonised solutions
for documents for third-country nationals, EU citizens’ passports and information systems (VIS and SIS II)’.
At the same time the European Commission is negotiating with the United States to ensure that the
collection by the American authorities of airline passenger data is consistent with European standards,
i.e. that data are collected for a clearly defined purpose, stored for a limited period and that there is a
possibility of effective redress.

What steps does the Commission plan to take to ensure that it does not become easier for third-country
customs authorities to store on a long-term basis and use as they see fit data, including biometric data,
contained in passports and visas, given that such data is stored on a chip?