WRITTEN QUESTION E-0380/04 by Alexandros Alavanos (GUE/NGL) to the Commission. Contract-holders at the Fire Service.
Date: 2004-02-12
Institutions: European Parliament, Provisional data
Subjects: civil defence, equal treatment, labour law, labour relations, remuneration of work, temporary employment, work contract

3.4.2004

EN

Official Journal of the European Union

C 84 E/383

(2004/C 84 E/0445)

WRITTEN QUESTION E-0380/04

by Alexandros Alavanos (GUE/NGL) to the Commission

(12 February 2004)

Subject: Contract-holders at the Fire Service

Every year the Fire Service takes on approximately 5 500 fire-fighting/rescue workers on contracts; it states
that this is because of a lack of staff (3 500 vacant posts). These workers, who have been the same for
decades, are taken on every year on a fixed-term contract, usually for five months, based on a five-year list.
The basic qualification for being on the list was the fact that the workers in question had served as
volunteer forest fire-fighters. These workers, however, are called upon to intervene in events (road
accidents, floods, earthquakes, etc.) throughout the duration of the year and after their contracts have
ended, unpaid, on the grounds that they are volunteer fire-fighters. Under the Fire Service’s regulations, any
refusal by them to work on a volunteer basis may have a consequence on the renewal of their contracts.

In view of Directive 2000/78 (1), do the above facts not constitute victimisation under the terms of

1.
Article 11?

2.
Can those of the workers who, despite this, yield to pressure and agree to carry out duties whenever
they are called on and not only in exceptional circumstances (at least four times per month) (cid:1) thus
making it impossible for them to be employed by another employer (cid:1) argue that they are meeting fixed
and constant needs of the Fire Service?

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

Answer given by Mr Dimas on behalf of the Commission

(22 March 2004)

1.
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal
treatment in employment and occupation puts in place such a framework, and prohibits discrimination on
grounds of age, disability, religion or belief or sexual orientation. The Directive covers access to
employment, pay, working conditions, dismissal, training etc, and both direct and indirect discrimination
are covered.

From the information provided, the Commission does not believe that the treatment of the workers in
question is based on any of the grounds of discrimination covered by the Directive, and that therefore the
issue raised does not fall within the material scope of Directive 2000/78/EC.

2.
There is no Community legislation establishing the criteria for when a fixed-term contract rather than
an open-ended contract can be concluded. Whether the work carried out meets fixed and constant needs
of the Fire Service is an issue to be addressed by the competent national authorities.

(2004/C 84 E/0446)

WRITTEN QUESTION P-0385/04

by Theresa Villiers (PPE-DE) to the Commission

(6 February 2004)

Subject: Commercial activities of Ordnance Survey

Ordnance Survey, the UK’s national mapping agency, receives significant funds from UK Government
grants and in closed tender government mapping contracts. Since 1999,
it has undertaken its own
commercial aerial survey business. Before this date, aerial surveys had been an exclusively private sector
business, and there was a well-established division of interest between Ordnance Survey (maps) and the
private sector (aerial surveys). However, it has been alleged that OS is now using the money it receives