WRITTEN QUESTION E-0614/04 by Harlem Désir (PSE) to the Commission. Closure of the 280-employee DHL site at Blanc Mesnil (France).
Date: 2004-03-01
Institutions: European Parliament, Provisional data
Subjects: France, application of EU law, cessation of trading, collective dismissal, labour law, transport company, worker consultation, worker information

3.4.2004

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Official Journal of the European Union

C 84 E/637

Answer given by Mrs Reding on behalf of the Commission

(6 April 2004)

The Commission would like to inform the Honourable Member that Erasmus rules on mobility for
students and teachers who undertake part of their studies abroad apply not only to degree courses but also
to Master’s courses.

The Honourable Member refers to the circumstances of Portuguese students studying for a Master’s degree
organised by several European universities, including a university in Portugal. In this case we need to know
whether the university in question is an Erasmus Charter institution, a status conferred on universities
which fulfil the conditions for participating in the Socrates/Erasmus programme. If it is, these students
should be eligible for an Erasmus grant to undertake part of their studies abroad.

In order to be able to give a more precise answer concerning this case, the Commission would need
further information on the universities concerned, and perhaps the title and number of the project.

(2004/C 84 E/0717)

WRITTEN QUESTION E-0613/04

by Glenys Kinnock (PSE) to the Commission

(1 March 2004)

Subject: Burma

Would the Commission give details of its position on Burma’s ‘Road Map’ for democracy?

Answer given by Mr Patten on behalf of the Commission

(29 March 2004)

The Commission has taken note of the roadmap for the transition to democracy presented by Prime
Minister Khin Nyunt in August 2003.

While the Commission appreciates that the Burmese Government has been willing to present its plans for
the
the transition to democracy,
Commission views as key requisites for achieving lasting national reconciliation. The first of
these
requisites is that all legitimate stakeholders, political parties and ethnic nationalities, should be included in
the political process.

there are aspects which are not mentioned in the Roadmap that

This calls for the immediate and unconditional release of Daw Aung San Suu Kyi and all National League
for Democracy (NLD) members, the release of political prisoners and freedom for all political groups and
parties to exercise their political activities, without preconditions.

(2004/C 84 E/0718)

WRITTEN QUESTION E-0614/04

by Harlem Désir (PSE) to the Commission

(1 March 2004)

Subject: Closure of the 280-employee DHL site at Blanc Mesnil (France)

At the start of 2004, news was leaked to the 280 employees of the small-package carrier DHL France
(a subsidiary of the European consortium Deutsche Post World Net [DPWN]) that the DHL site at Blanc
Mesnil was to close and that a total of 1 200 jobs at several centres in France would be lost.

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3.4.2004

Only after the workers went on strike at the end of January 2004 did the company managers confirm their
intentions by means of a supposedly ‘confidential’ circular. It would appear that DPWN has drawn up a
job-abolition and collective-redundancy plan which contravenes Community legislation,
in particular
Council Directive 94/45/EC (1) of 22 September 1994 on European works councils, which stipulates that
‘certain decisions having a significant effect on the interests of employees must be the subject of
the employees’ appointed representatives as soon as possible. The
information and consultation of
subsidiary requirements specify that ‘where there are exceptional circumstances affecting the employees’
interests to a considerable extent, particularly in the event of relocations, the closure of establishments or
undertakings or collective redundancies, the select committee or, where no such committee exists, the
European Works Council shall have the right to be informed. Pursuant to Council Directive 98/59/EC (2)
on collective redundancies,
‘where an employer is contemplating collective redundancies, he shall begin
consultations with the workers’ representatives in good time with a view to reaching an agreement’, ‘[the]
consultations shall, at least, cover ways and means of avoiding collective redundancies or reducing the
number of workers affected, and of mitigating the consequences by recourse to accompanying social
measures aimed, inter alia, at aid for redeploying or retraining workers made redundant’, ‘employers shall
notify the competent public authority in writing of any projected collective redundancies’, and ‘employers
shall forward to the workers’ representatives a copy of the notification.’

Pursuant to Directive 2002/14/EC (3) of 11 March 2002, which is currently being transposed,
‘timely
information and consultation is a prerequisite for the success of the restructuring and adaptation of
undertakings’, and ‘information shall be given at such time, in such fashion and with such content as are
appropriate to enable, in particular, employees’ representatives to conduct an adequate study and, where
necessary, prepare for consultation. The Directives quoted provide for sanctions to be imposed on
companies which do not honour their obligations vis-à-vis their workers.

What action is the Commission intending to take with regard to the Member States concerned (France and
Germany, where the consortium has its headquarters) in order ensure that those States genuinely force
DPWN to comply with Community law?

(1) OJ L 254, 30.9.1994, p. 64.
(2) OJ L 225, 12.8.1998, p. 16.
(3) OJ L 80, 23.3.2002, p. 29.

Answer given by Mr Dimas on behalf of the Commission

(16 April 2004)

As the Honourable Member rightly points out, several Community Directives lay down procedures for
informing and for consulting workers’ representatives which may be applicable in the event of closures of
companies,
in particular Council Directive 98/59/EC of 20 July 1998 concerning collective redun-
dancies (1), and Council Directive 94/45/EC, of 22 September 1994, on the establishment of a European
Works Council or a procedure in Community-scale undertakings and Community-scale groups of
undertakings for the purposes of informing and consulting employees (2). Another Directive was also
adopted on 11 March 2002 by the Parliament and the Council with the aim of supplementing Community
arrangements governing this matter (Directive 2002/14/EC of the Parliament and of the Council of
11 March 2002 establishing a general
framework for informing and consulting employees in the
the Council and the Commission on employee
Community (cid:1) Joint declaration of
representation (3)). The first two Directives were transposed into the national laws of the Member States
(the third having to be transposed only by 23 March 2005).

the Parliament,

It is the responsibility of the Member States to transpose and implement the above Directives. In the first
place, it is up to the national authorities to ensure that the Directives are applied correctly and to provide
for administrative and judicial remedies in national legislation. It is also the duty of the Commission, in its
capacity as the guardian of the Treaty, to take any steps it deems appropriate, including those provided for
under Article 226 of the EC Treaty, to ensure that the above provisions are complied with.

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Official Journal of the European Union

C 84 E/639

implementation of the
The information submitted by the Honourable Member relates to the practical
national
legislation transposing the Directives mentioned in this written question. Monitoring and
supervision of implementation are, in the first place, the responsibility of the authorities (including the
judicial authorities) of
judicial and/or
administrative proceedings have been initiated by the workers of the company or their representatives in
order to enforce the obligations laid down by the above Directives.

the Member States concerned. There is no indication that

The Commission has, moreover, not received any complaint with regard to this matter and has no
information suggesting that any infringement of these Directives has occurred.

(1) OJ L 225, 12.8.1998.
(2) OJ L 254, 30.9.1994.
(3) OJ L 80, 23.3.2002.

(2004/C 84 E/0719)

WRITTEN QUESTION E-0619/04

by Alexandros Alavanos (GUE/NGL) to the Commission

Subject: Damage caused by extreme weather conditions in Greece

(1 March 2004)

Heavy snowfall and exceptionally low temperatures have caused widespread serious and damage to plant
and stockbreeding production,
installations
(greenhouses, livestock housing, etc.) in many parts of Greece.

to stocks of plants and animals and to agricultural

Given that producers’
Commission say:

incomes and the means of production have been very badly affected, will the

1. Will it fund actions to compensate producers for loss of income and the replacement of the means of

productions which have been affected?

2. What scope is there for using funds from the Operational Programme on agricultural development

2000-2006 or reserves from the third CSF?

3. Will it approve a national programme for granting aid, if requested to do so by Greece?

Answer given by Mr Fischler on behalf of the Commission

(30 March 2004)

if

In addition,

The Commission has not yet received detailed information from Greece concerning the impact on
agriculture caused by the adverse weather conditions that affected the Member State during the month of
February 2004. Depending on the magnitude of this damage, Community solidarity funds may be available
to help rural areas overcome the problems they are facing as soon as possible and to rebuild production
these adverse weather conditions have destroyed the production potential,
potential.
European Agriculture Guidance and Guarantee Fund (EAGGF) assistance may be possible inside of the
financial allocation for Greece for the programming period 2000-2006 and more specifically through the
implementation of the ‘National Operational Programme (cid:1) Rural Development (2000-2006)’. However,
it should be underlined that
there are no funds available and consequently a
reprogramming procedure will be necessary. The Greek authorities are entitled to submit a request to
redefine the programming priorities and the corresponding financial allocations within the context of the
current mid-term review.
should be emphasised that EAGGF intervention will be limited to
reconstituting production potential and does not cover the income losses which are not eligible.

the moment

for

It

It should be noted that the allocation of the performance and programming reserves of the 3rd EU (cid:1)
Greece Community Support Framework have already been executed at national level, providing for, among
other programmes,
the ‘National Operational Programme (cid:1) Rural
Development (2000-2006)’. It is up to the Ministry of Agriculture to propose reallocating of necessary
funds to the appropriate section of the programme during the current mid-term review.

reinforcement of

the financial