WRITTEN QUESTION E-3480/03 by Catherine Stihler (PSE) to the Commission. Civil rights of disabled people.
Date: 2003-11-24
Institutions: European Parliament, Provisional data
Subjects: European social policy, anti-discriminatory measure, disabled person, equal treatment, fundamental rights

C 78 E/290

Official Journal of the European Union

EN

27.3.2004

Unfortunately, and it is the case for the majority of the single rare diseases, no registers or regular surveys
exist which routinely give information on the incidence or prevalence of the post-polio syndrome in the
Member States. The studies used by the Commission suggest that 20 % to 40 % of people who recover
from polio go on to develop post-polio syndrome (PPS). The incidence is estimated as 0,12/10 population
with case rates (PPS/polio survivors). Experts appear to be unable to establish a firm incidence rate for the
whole population.

2.
Available information related to treatment, rehabilitation strategies, aetiology and diagnostic methods
for persons suffering the post-polio syndrome in the Member States may be found in the Orphanet
database: (http://www.orpha.net/).

It may be noted that Article 152 of the EC Treaty provides that ‘Community action in the field of public
health shall fully respect the responsibilities of the Member States for the organisation and delivery of
health services and medical care.’

3.
The Commission’s Directorate-General for Research (RTD) has supported research on poliomyelitis
essentially through the Fourth Framework Programme. Actions were focused on molecular diagnostics, on
optimisation of prevention and surveillance, and in a more global context, on legal and social aspects of
vaccine research and vaccination policies in Europe.

No particular project has been funded on post-polio syndrome, since this is more of a social and public
health issue. A project proposal covering this topic was received during the Fifth Framework Programme
(FP5), in the area ‘chronic and degenerative diseases’. It was evaluated by independent experts but was not
deemed of sufficient quality to be funded by the Community.

The Directorate-General for Research has in the past funded several projects related to disabilities, either in
the field of rehabilitation technologies in the Biomed 1 (FP3) and Biomed 2 (FP4) Programmes. More
recently, in the Quality of Life Programme (under FP5), 16 projects were funded in a specific action line on
‘Research Relating to Persons with Disabilities’. In FP6, the theme is covered under Priority No 8 ‘Support
to policies’. Moreover, the Directorate-General for Information Society, through its TIDE Programmes
(Telematics Initiative for the Disabled and Elderly, in FP3 and FP4) and its subsequent activities in the IST
Programme (FP5) and the e-inclusion action of Priority 2 of the Sixth Framework Programme, has funded a
large number of research projects aimed at facilitating integration and rehabilitation of the disabled.

(1) OJ L 155, 22.6.1999.
(2) OJ L 271, 9.10.2002.

(2004/C 78 E/0290)

WRITTEN QUESTION E-3480/03

by Catherine Stihler (PSE) to the Commission

(24 November 2003)

Subject: Civil rights of disabled people

Can the Commission outline what measures it is taking to progress the civil rights of disabled people?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(6 January 2004)

Articles 21 and 26 of the Charter of Fundamental Rights of the European Union makes specific reference
to the rights of people with disabilities.

Community action for people with disabilities follows a rights based approach aiming at achieving equal
opportunities. The various measures undertaken by the Commission thus contribute directly or indirectly
to the protection and promotion of
the rights of people with disabilities. The Commission’s
Communication ‘Equal opportunities for people with disabilities: A European Action Plan (1)’ reflects this
approach.

27.3.2004

EN

Official Journal of the European Union

C 78 E/291

More specifically, the rights of people with disabilities are directly concerned in relation to a number of
Community measures:

(cid:1) In the area of anti-discrimination, Article 13 of

the Amsterdam Treaty is the basis for taking
‘appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief,
disability, age or sexual orientation.’ The Article is not specially designed for people with disabilities
takes a horizontal approach with regard to measures against discrimination. Within this
but
framework,
the Council Directive 2000/78/EC of 27 November 2000 establishing a general
framework for equal treatment in employment and occupation (2) as well as Council Decision 2000/
750/EC of 27 November 2000 establishing a Community action programme to combat discrimination
(2001 to 2006) were adopted (2). The Commission intends to launch a public consultation (Green
Paper) in Spring 2004 on the future strategy to combat discrimination.

(cid:1) The Council Decision 2001/903/EC of 3 December 2001 on the European Year of People with
Disabilities 2003 (3) stipulates in Article 2 its objectives as (cid:1) inter alia (cid:1) ‘to raise awareness of the
rights of people with disabilities to protection against discrimination and to full and equal enjoyment
of their rights.’

(cid:1) Through its Communication ‘Towards a United Nations legally binding instrument to promote and
protect the rights and dignity of persons with disabilities’ (4), the Commission has underlined its
support for further progress regarding the rights of people with disabilities.

(1) COM(2003) 0650 final.
(2) OJ L 303, 2.12.2000.
(3) OJ L 335, 19.12.2001.
(4) COM(2003) 0016 final.

(2004/C 78 E/0291)

WRITTEN QUESTION E-3483/03

by Richard Corbett (PSE) to the Commission

(24 November 2003)

Subject: Use of documents as evidence of criminal activity

If, in the course of an investigation of a cartel arrangement, the Commission finds evidence of unrelated
criminal activity or links between the company concerned and organised crime, can it notify the relevant
judicial or police authorities?

If not, will the Commission put forward proposals to change the law in order to enable it to do so?

Answer given by Mr Monti on behalf of the Commission

(16 December 2003)

During company inspections ordered by Commission decision pursuant to Article 14(3) of Regulation
No 17 (1), the national competition authorities cooperate and lend their assistance where necessary to the
Commission officials. In certain countries, national procedures also require police officers to be present
during the proceedings.

If a criminal activity were to be discovered during the inspection, the representatives of the national
authorities would report the matter to the judicial or police authorities of the country concerned in
accordance with the applicable national procedures. In certain countries, where CID officers attend the
Community inspections, these could take immediate action under national law.

In view of the foregoing, there is therefore no need for changes to be made to the rules governing the
involvement of Community officials in company inspections.

(1) Council Regulation No 17 of 6 February 1962: First Regulation implementing Articles 85 and 86 of the Treaty,

OJ P 13, 21.2.1962.