WRITTEN QUESTION E-0180/04 by Alexandros Alavanos (GUE/NGL) to the Commission. Implementation of Directive 2000/78 in Greece.
Date: 2004-01-29
Institutions: European Parliament, Provisional data
Subjects: Greece, age discrimination, discrimination based on disability, employment policy, equal treatment, national implementing measure

3.4.2004

EN

Official Journal of the European Union

C 84 E/171

Answer given by Mr Vitorino on behalf of the Commission

(18 February 2004)

In its Communication to the Council and the Parliament on an Open Method of Co-ordination for the
Community Immigration Policy (1), the Commission set out its proposals for the adaptation of the open
method of co-ordination in the field of migration policy.

The Honourable Member
the instruments and methods proposed in this
Communication (section 4) include the preparation and review of national action plans on immigration,
on an annual basis.

rightly points out

that

Given that the Council has not yet endorsed the Commission’s proposal to set up an open method of co-
ordination for the Community immigration policy, the operational phase of this method has not yet been
launched and Member States have not been requested so far to submit national action plans on
immigration.

However, in the context of a reinforced information exchange on national integration policies, launched by
the Commission in 2003, Greece has submitted a national report on the integration of immigrants. This
piece of information was referred to and commented upon in the recent Commission Communication on
Immigration, Integration and Employment (2).

(1) COM(2001) 387 final.
(2) COM(2003) 336 final.

(2004/C 84 E/0210)

WRITTEN QUESTION E-0180/04

by Alexandros Alavanos (GUE/NGL) to the Commission

Subject: Implementation of Directive 2000/78 in Greece

(29 January 2004)

Article 18 of Directive 2000/78 (1) on equal treatment in employment and occupation states that the
Member States shall implement the Directive by 2 December 2003 at the latest except where ‘In order to
take account of particular conditions, Member States may, if necessary, have an additional period of 3 years
from 2 December 2003, that is to say a total of 6 years, to implement the provisions of this Directive on
age and disability discrimination.’

What does the Commission understand by ‘particular conditions’ and ‘if necessary’ in order to extend the
deadline for implementing the Directive? Which Member States have requested an extension to the
deadline for implementation? When are the Member States required to implement the other provisions of
the Directive not pertaining to age and disability discrimination?

(1) OJ L 303, 2.12.2000, p. 16.

Answer given by Mrs Wallström on behalf of the Commission

(10 March 2004)

Under Article 18 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework
for equal treatment in employment and occupation, Member States may, if necessary, in order to take
account of particular conditions, have an additional three year period to implement the provisions of the
Directive relating to discrimination on grounds of age and disability. The Directive does not define what is
meant by ‘particular conditions’ nor ‘if necessary’.

Belgium, Denmark, Germany, France, the Netherlands, Sweden and the United Kingdom have notified the
Commission that they will avail themselves of this provision. The reasons given vary, but include, for

C 84 E/172

Official Journal of the European Union

EN

3.4.2004

law does not currently recognise the concept of ‘reasonable accom-
example, the fact that national
modation’, the possible effect on retirement age and occupational pensions, etc. The Member States which
take advantage of the extra time period are obliged to inform the Commission on an annual basis what
steps they are taking to tackle discrimination and the progress they are making towards full transposition
of the Directive.

All other provisions of this Directive had to be transposed into national law by 2 December 2003. The
Commission has already launched the first stage of infringement procedures against those Member States
which have not yet notified their national legislation, or have not adopted all the legislation necessary
(Belgium, Denmark, Germany, Greece, Ireland, Luxembourg, the Netherlands, Austria, Finland and the
United Kingdom).

(2004/C 84 E/0211)

WRITTEN QUESTION P-0192/04

by Philip Bradbourn (PPE-DE) to the Commission

(22 January 2004)

Subject: Repayments under n+2 rule

Will the European Commission please supply its best estimate of what the United Kingdom, under the n+2
rule, will have to pay back by region for the financial year 2003?

Answer given by Mr Barnier on behalf of the Commission

(1 March 2004)

The application of Article 31(2) of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down
general provisions on the Structural Funds (1) requires that the Commission shall automatically decommit
any part of a commitment which has not been settled by the payment on account or for which it has not
received an acceptable payment application by the end of
the second year following the year of
commitment. There are certain exceptions in the case of judicial procedure and administrative appeals.

At the present time, the Commision has not completed the processing of payment declarations relating to
2001 and it is not therefore in a position to provide the information requested by the Honourable Member
at this stage. The Commission has undertaken to inform the Member States by end-February 2004 on any
possible automatic decommitments resulting from the application of the ‘n+2’ rule for the period ending
on 31 December 2003.

(1) OJ L 161, 26.6.1999.

(2004/C 84 E/0212)

WRITTEN QUESTION E-0195/04

by Avril Doyle (PPE-DE) to the Commission

(29 January 2004)

Subject: Access to medical treatment in Member States

Can the Commission confirm that it is the case that under a ruling of the EU courts, patients who cannot
access essential medical treatment within a reasonable timeframe in their own State have the right to
access such treatment in other EU Member States and that their own State will meet the bill for such
treatment?