WRITTEN QUESTION E-3360/03 by Jean-Maurice Dehousse (PSE) to the Commission. Free movement of persons.
Date: 2003-11-14
Institutions: European Parliament, Provisional data
Subjects: Gibraltar, Spain, derogation from EU law, free movement of persons, internal border of the EU, legal basis

27.3.2004

EN

Official Journal of the European Union

C 78 E/271

(2004/C 78 E/0271)

WRITTEN QUESTION E-3353/03

by Hiltrud Breyer (Verts/ALE) to the Commission

(13 November 2003)

Subject: Equal treatment of men and women in sport

Men and women are treated differently in a number of different sports: for example, female boxers are not
allowed to compete at the Olympic Games.

Does the Commission feel that this unequal treatment on the basis of gender is compatible with EU law?

If not, what legislation should be used to prevent discrimination in sport?

If it does, is the Commission thinking of closing the loopholes in the law, with, for example, the planned
directive on equality between men and women outside the workplace?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(6 January 2004)

The European Union already has substantial legislation on gender equality in employment.

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
treatment for men and women in sport, provided they are
working conditions (1) guarantees equal
professional sportspeople and fall within the definition of a ‘worker’.

for a Council Directive (2)
In addition, on 5 November 2003 the Commission adopted a proposal
implementing the principle of equal treatment for women and men outside the labour market. The aim of
this Directive is the progressive implementation of equal treatment.

With regard to women’s competitions at the Olympic Games, the Commission is unable to comment on a
matter which is not within its jurisdiction. The International Olympic Committee (IOC), which organises
the competition, is a private body whose job it is to organise the event not only according to sporting
criteria but also in line with commercial criteria. The rules for participation in the Games are decided
jointly by the International Olympic Committee and international sports federations.

(1) OJ L 39, 14.2.1976.
(2) COM(2003) 657 final.

(2004/C 78 E/0272)

WRITTEN QUESTION E-3360/03

by Jean-Maurice Dehousse (PSE) to the Commission

(14 November 2003)

Subject: Free movement of persons

In closing with its frontier with Gibraltar, Spain has established a barrier to the freedom of movement of
persons within the territory of the European Community.

C 78 E/272

Official Journal of the European Union

EN

27.3.2004

In order for this border closure to comply with the principle of freedom of movement, it needs to be based
on one or more specific, legal provisions concerning derogation.

Can the Commission state what the condition(s) is/are in this case? Are they furthermore applicable in the
Community, and under what conditions? Are there furthermore other provisions of the same kind,
i.e. capable of producing the same effects?

Answer given by Mr Vitorino on behalf of the Commission

(7 January 2004)

The Honourable Member is invited to refer to the reply given by the Commission to oral question
H-0668/03 by Glyn Ford during question time at Parliament’s plenary session of November 2003 (1).

(1) Written reply, 18.11.2003.

(2004/C 78 E/0273)

WRITTEN QUESTION E-3362/03

by Koenraad Dillen (NI) to the Commission

(14 November 2003)

Subject: Development of new nuclear power stations

Commenting on the recent power failure in Italy, European Energy Commissioner Loyola de Palacio has
stated that the failure was partly due to Italy’s decision to close three nuclear power stations. As part of the
liberalisation of the energy market within the EU, the Commission evidently wishes to encourage a further
expansion of nuclear power in the Member States (La Quinzaine européenne, 3 November 2003). The
former President of the European Parliament, Nicole Fontaine, in her present capacity as France’s Minister
of Industry, advocates the further development of the third-generation EPR (European pressurised reactor)
type of reactor. Unlike most Member States, France and Finland in particular have opted not to ‘freeze’
their nuclear power. On the other hand, the previous Belgian government (1999-2003) decided that
ultimately Belgium should cease to produce nuclear power.

Does not the Commission consider that a moratorium on nuclear power or a phasing-out of the existing
power stations conflicts with the proposed liberalisation of energy? What position will the Commission
adopt with regard to Member States which wish to close their power stations?

Does the Commission consider that new power stations may be built on condition this is, if necessary,
accompanied by the introduction of more flexible environmental regulations?

With a view to the forthcoming liberalisation of energy, will the Commission in due course propose
uniform environmental regulations applicable in all Member States which will give Member States the
option of building/authorising new nuclear power stations if they so wish?

Answer given by Mrs de Palacio on behalf of the Commission

(15 December 2003)

The debate opened up by the Commission following the adoption on 29 November 2000 of the Green
Paper ‘Towards a European strategy for the security of energy supply’ has revived discussion of energy
options for the Member States and for the enlarged Union as a whole. The final report on the Green
Paper (1), adopted on 26 June 2002, which identifies the conclusions to this wide-ranging debate stresses
the need to keep all options open as regards energy production.