WRITTEN QUESTION E-3975/03 by Paulo Casaca (PSE) to the Commission. Respect for equal treatment for staff at the Commission delegation in Brazil.
Date: 2004-01-05
Institutions: European Parliament, Provisional data
Subjects: Brazil, Commission Delegation, European official, equal treatment, wage determination

C 88 E/162

Official Journal of the European Union

EN

8.4.2004

Answer given by Mr Lamy on behalf of the Commission

(9 February 2004)

The Commission is aware of the abusive use of the CE marking, including that perpetrated through the
‘China Export’ scheme, as well as of the wider context of problems concerning the enforcement of
intellectual property rights with regards to Chinese products. The Commission performed a survey on the
enforcement of intellectual property rights, and China is cited as the country that poses the greatest
intellectual property enforcement challenge in the world. This survey can be found at: (http://europa.eu.int/
comm/trade/issues/sectoral/intell_property/survey_en.htm).

The use of the initials ‘CE’ (Conformité Européenne) corresponds to the CE Marking scheme, which applies
to products regulated by certain European health, safety and environmental protection legislation (1). The
CE Marking is mandatory for products it applies to; in other words the manufacturer must affix the CE
marking in order to be allowed to sell his/her product on the European market. The CE Marking indicates
that
is in conformity with the applicable Community requirements imposed on the
manufacturer and that the appropriate conformity assessment procedures have been completed.

the product

The CE marking is not a trade mark and cannot be the subject of a complaint to the World Trade
Organisation (WTO). National market regulators, and in general health and safety authorities can respond
to the abusive use of such marking with seizures and other such measures. In fact, based on consumer
protection legislation, customs authorities in Member States can seize goods bearing a misleading CE mark
when imported, even before they are released.

Given the increased interest by industry and consumers in marking, the Commission is, at the moment,
also consulting stakeholders on the possibility of introducing an origin marking scheme.

(1) The CE Marking is required only for the following types of products:

(cid:1) Toys
(cid:1) Machinery
(cid:1) Electrical equipment (Low voltage directive)
(cid:1) Electronic equipment (Electromagnetic compatibility directive)
(cid:1) Personal protective equipment
(cid:1) Pressure equipment-Medical devices
(cid:1) In vitro diagnostic medical devices
(cid:1) Active implantable medical devices
(cid:1) Radio and Telecommunications terminal equipment
(cid:1) Simple pressure vessels -Gas appliances
(cid:1) Lifts
(cid:1) Recreational craft
(cid:1) Equipment and protective systems for use in explosive atmospheres
(cid:1) Non-automatic weighing instruments
(cid:1) Cableways
(cid:1) Construction products
(cid:1) Explosives for civil use
(cid:1) New hot water boilers.

(2004/C 88 E/0171)

WRITTEN QUESTION E-3975/03

by Paulo Casaca (PSE) to the Commission

(5 January 2004)

Subject: Respect for equal treatment for staff at the Commission delegation in Brazil

I have received a complaint from local staff at the Commission delegation in Brazil concerning the way in
which their salaries have fallen by more than 40 % since September 1999.

Can the Commission confirm this drop in salaries? Can the Commission explain its actions? Can the
Commission guarantee that its treatment of local staff at the Commission delegation in Brazil complies
with the principles of the European Charter of Fundamental Rights?

8.4.2004

EN

Official Journal of the European Union

C 88 E/163

Answer given by Mr Patten on behalf of the Commission

(13 February 2004)

The salaries of local staff in Delegations of the Commission are revised annually in accordance with the
Framework Rules (FR) laying down the conditions of employment of local staff of the Commission serving
in third countries. The objective of the annual salary revisions is to maintain a level of salaries, which is
competitive with those of reference employers on the local labour market.

Due to the dramatic economic conditions in Brazil in the nineties, it was decided to establish a salary grid
in ECU, with monthly payment of the salaries in local currency. In 1999, it became obvious that the
reference grid in ECU had artificially put the local staff salaries far above the salaries of the reference
employers. Therefore, it was justified to return to salaries fixed in local currency. Those local agents, who
were already employed in the Delegation, signed an addendum to their contract accepting the conversion
of their salaries from ECU to the local currency at an agreed exchange rate.

Subsequently, the salaries of those local agents, who were employed already in 1999, were ‘frozen’ until
their salaries would be in line with the local market. The alignment is materialised by a salary grid fixed
and revised annually according to the agreement with the trade unions staff representatives on the basis of
the FR. Thus, the Commission cannot confirm that the salaries of the local agents who signed the
addendum have been dropped since their nominal value remains fixed since 1999. At present, those
salaries are still considerably higher than those of the local reference employers.

The Commission is treating all local staff employed at its Delegations world-wide in compliance with the
principles of the European Charter of Fundamental Rights.

(2004/C 88 E/0172)

WRITTEN QUESTION E-3989/03

by Theresa Villiers (PPE-DE) to the Commission

(7 January 2004)

Subject: EU rules on sales and servicing

Can the Commission confirm that one of the aims of Commission Regulation (EC) No 1400/2002 (1)
1.
on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted
practices in the motor vehicle sector is to enable car owners to use independent garages without infringing
the terms of the manufacturer’s warranty?

Does the Commission have any evidence to suggest that car distributors are reducing the warranty

2.
period on new cars?

After the initial warranty period has come to an end, can the Commission confirm that subsequent

3.
warranty periods are at the discretion of the distributor?

Under the new Regulation, would it be possible for subsequent warranty periods to include a clause
4.
which requires servicing to be carried out only by those agents endorsed by the distributor, with the
warranty becoming invalid if this is not done?

5.
Has the Commission any evidence to suggest that a similar practice has occurred in relation to
second hand cars? Does the Commission believe that current practice, whereby the buyer of a second hand
car has to purchase further warranty which usually includes an obligation to use only certain servicing
agents, is in keeping with the spirit of the above Regulation?

6.

Does the Commission have any plans to investigate whether these practices are occurring?