WRITTEN QUESTION E-3149/03 by Ilda Figueiredo (GUE/NGL) to the Commission. Location of the Melka dressmaking company.
Date: 2003-10-23
Institutions: European Parliament, Provisional data
Subjects: EU aid, Portugal, cessation of trading, clothing industry, industrial restructuring, multinational enterprise, transfer of businesses

C 70 E/224

Official Journal of the European Union

EN

20.3.2004

The German Bundesland Bavaria was unable to commit funding of EUR 17 million from the rural
development programme, provided under the 2002 EU budget, and returned it to Brussels.

Can the Commission give a prompt reply to the following questions.

1. Has funding from the European Social Fund also been returned by Bavaria?

2. What are the sums involved?

3. What areas of assistance are affected?

(1) OJ C 268 E, 7.11.2003, p. 206.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(25 November 2003)

1.
The commitments for the European Social Fund (ESF) made for 2000 had to be spent till the end of
2002 due to n+2 rule (Article 31, of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down
general provisions on the Structural Funds (1)). As this was the case, no decommitment had to be prepared
for ESF in the Objectives 2 Single Programming Document (SPD).

For the years 2001 and 2002, the n+2 rule applies at the end of 2003 and 2004 respectively.
2.
Whether Bavaria will be affected by the n+2 rule for the 2001 commitment will be known by the end of
2003.

3.
This question has already been discussed at technical level with the Bavarian Authorities and will be
readdressed during the annual review meeting (date not known yet) and the Programme Monitoring
Committee meeting (13 and 14 November 2003).

(1) OJ L 161, 26.6.1999.

(2004/C 70 E/242)

WRITTEN QUESTION E-3149/03

by Ilda Figueiredo (GUE/NGL) to the Commission

(23 October 2003)

Subject: Location of the Melka dressmaking company

The Swedo-British dressmaking multinational, Melka, is preparing to close down its factory in Sulin, in the
Sintra district in Portugal, and sack some 100 workers. The reason appears to be relocation of production
to the Asian market, despite good financial health. It should be noted that the company has already closed
down two of its four factories, in Evora and Palmela, cutting its workforce from 1 200 to 200.

Can the Commission answer the following:

1. Has Melka been in receipt of Community aid during its time in Portugal?

2. What measures does the Commission intend to take to protect the employment of these workers,

given that Portugal today has the fastest growing unemployment rate in the European Union?

20.3.2004

EN

Official Journal of the European Union

C 70 E/225

Answer given by Mrs Diamantopoulou on behalf of the Commission

(4 December 2003)

The Commission hereby informs the Honourable Member that

the MELKA company received
1.
Community financial assistance during CSF I (1990-1993), in particular EUR 1 095,44 under the European
Social Fund in 1991.

In recent years, the Union has developed a worker involvement policy for dealing adequately with
2.
the social consequences of company restructuring. As a result of that policy, restructuring operations must
be preceded by information and consultation of employees’ representatives with the aim of avoiding or
reducing their social impact, in accordance with the Community Directives on ‘Collective Redundancies’ (1),
‘Transfers of Undertakings’ (2), ‘European Works Councils’ (3) and, from March 2005 onwards, ‘Information
and Consultation’ (4).

As regards the case in question, the Commission has not been informed about the way in which the Melka
company intends to deal with the social implications.

The aforementioned Directives have been transposed in the Member State concerned. It is therefore up to
the national authorities to ensure that the workers’ rights laid down in these Directives are respected.
Directive 2002/14/EC establishing a general framework for informing and consulting employees must be
transposed into national law by 25 March 2005 at the latest.

The Commission argues that, when restructuring, enterprises should always take into account the effects
that those decisions could have on their employees as well as on the social and regional context. This has
recently been underlined in the Commission Communication concerning Corporate Social Responsibility
(CSR) (cid:1) A business contribution to Sustainable Development (5).

Furthermore,
in January 2002 the Commission invited the European social partners to engage in a
dialogue on anticipating and managing change with a view to applying a dynamic approach to the social
aspects of corporate restructuring. The social partners have recently sent to the Commission the results of
their joint work on this topic. They consist of a set of reference guidelines for companies and their
workers in the event of restructuring. The Commission very much hopes that these results, as well as other
follow-up actions, will disseminate throughout Europe good practices of corporate restructuring, thus
helping companies and their workers adequately to address the social dimension involved.

(1) Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to
collective redundancies, OJ L 225, 12.8.1998 (this Directive consolidates Directives 75/129/EEC and 92/56/EEC).

(2) Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating
transfers of undertakings, businesses or parts of

to the safeguarding of employees’ rights in the event of
undertakings or businesses, OJ L 82, 22.3.2001.

(3) Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a
procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of
informing and consulting employees, OJ L 254, 30.9.1994.

(4) Directive 2002/14/EC of the Parliament and of the Council of 11 March 2002 establishing a general framework for

informing and consulting employees in the Community, OJ L 80, 23.3.2002.

(5) COM(2002) 347 final.

(2004/C 70 E/243)

WRITTEN QUESTION E-3158/03

by Antonio Mussa (UEN) to the Commission

(24 October 2003)

Subject: Recognition of academic qualifications

The issue of recognition by the Member States of academic qualifications in the EU is one of great
importance which has a direct impact on citizens and restricts their right to freedom of movement and
their establishment in other Member States for purposes of work.