WRITTEN QUESTION P-3911/03 by María Valenciano Martínez-Orozco (PSE) to the Commission. Discrimination against minors with regard to access to sporting federations in Spain.
Date: 2003-12-11
Institutions: European Parliament, Provisional data
Subjects: Spain, child of migrant, children's rights, equal treatment, integration of migrants, sports body

27.3.2004

EN

Official Journal of the European Union

C 78 E/335

Given the above, would the Commission:

1. not agree that its President should remain neutral, should abstain from taking an active part in
national political activities, should not express any preference and should stay as far away as possible
from internal issues?

2.

3.

4.

take the view that it forms part of the President’s remit to take part in the political debate in a
Member State on major EU issues, or that in this instance Romano Prodi has misused the position he
holds within the EU institutions?

‘The
state whether Mr Prodi’s behaviour is in keeping with Article 213 of the Treaty, which reads:
Members of
the Community, be completely
independent in the performance of their duties. In the performance of these duties, they shall neither
seek nor take instructions from any government or from any other body’?

the Commission shall,

in the general

interest of

consider, given that the President of the Commission is elected by the European Parliament as a
whole, irrespective of its Members’ political affiliations, that he is entitled to take part in an electoral
campaign as the leading candidate of a political movement, or, conversely, that he should resign
before doing so?

Answer given by Mr Prodi on behalf of the Commission

(30 January 2004)

The Commission would refer the Honourable Member to its answer to written P-3492/03 by Mr Ribeiro e
Castro (1)

(1) See page 292.

(2004/C 78 E/0353)

WRITTEN QUESTION P-3911/03

by María Valenciano Martínez-Orozco (PSE) to the Commission

(11 December 2003)

Subject: Discrimination against minors with regard to access to sporting federations in Spain

Article 2 of the Convention on the rights of the child lays down that children must be protected against all
forms of discrimination in terms of their parents’ or families’
legal status and activities. Article 31
recognises the right of children to take part in cultural and recreational life on equal terms.

Article 24 of the EU’s Charter of Fundamental Rights establishes the right of minors to protection and to
the care necessary for their wellbeing.

Furthermore, the protection of the rights of children is enshrined as one of the objectives of the European
Union in Article 3(4) of Title I of our future European Constitution.

In Spain, with a steadily rising immigrant population with minors of school age, for whom sport can
provide an excellent means of integration into Spanish society, there are serious cases of discrimination
against children with regard to their access to sporting leagues, in terms of administrative red tape or the
refusal of the Sports Federations to allow them to join, because the situation of their families is irregular or
is in the process of being regularised.

is the Commission’s view of this serious infringement of the fundamental rights of children

What
discriminated against in terms of access to Spain’s sporting federations?

C 78 E/336

Official Journal of the European Union

EN

27.3.2004

Answer given by Mrs Reding on behalf of the Commission

(16 January 2004)

The Commission is fully aware of the difficulties mentioned by the Honourable Member concerning access
for foreign children to sporting activities organised by certain federations not only in Spain but also in
other Member States.

As some aspects mentioned by the Honourable Member come under Community law, the Commission is
currently examining the regulations of sporting federations in all Member States in order to check whether
they comply with the principle of non-discrimination. In fact, significant differences exist and the role
given to the federations by the public authorities varies greatly from one Member State to another.
It should be noted, however, that Community legislation concerning conditions of entry and residence
(Directive on the status of long-term residents, adopted on 25 November 2003) is intended to grant equal
treatment in terms of access to goods and services to third-country nationals legally resident in the
European Union. This does not apply to foreigners in an illegal situation.

Once it has examined these regulations, the Commission will announce what action is to be taken if
discrimination that is incompatible with Community law, and with the Charter of Fundamental Rights to
which the Honourable Member refers, is taking place in a number of Member States.

(2004/C 78 E/0354)

WRITTEN QUESTION P-3925/03

by Raina Echerer (Verts/ALE) to the Commission

(16 December 2003)

Subject: Cat and dog furs (cid:1) internal market

Given the fact that there is no official production and marketing of cat and dog furs in the EU Member
States, will the Commission propose a European ban on the domestic production, marketing and use of
dog and cat furs? If not, can the Commission explain what would prevent such an initiative?

Is the Commission aware of the fact that one Member State has recently introduced a national ban on
trade in dog and cat furs, and nine Member States have expressed their wish to introduce this ban given
that currently those products are available, unregulated, on the EU market?

In relation to the concern about possible WTO consequences, is the Commission aware of the fact that the
US has already introduced such a ban covering domestic trade, production, and imports from third
countries?

Answer given by Mr Byrne on behalf of the Commission

(27 January 2004)

The Commission has been made aware of
the possible importation of cat and dog furs into the
Community. The Commission has also been informed about measures taken by some Member States and
the United States to ban the trade in, and importation of, such furs.

The issue was also raised in the Agriculture Council on 17 November 2003. In replying to the request
the
from Member States to come forward with proposals for Community rules,
Commission responsible for Health and Consumer Protection made clear that States are entitled, while
respecting the general rules laid down in the EC Treaty, to introduce their own measures. The Commission
is monitoring the situation in order to evaluate the possibility to take initiatives to address the issue at
Community level.

the Member of