WRITTEN QUESTION E-0994/04 by Proinsias De Rossa (PSE) to the Commission. Child protection and future EU programmes aimed at young people.
Date: 2004-03-31
Institutions: European Parliament, Provisional data
Subjects: EU programme, child protection, civics, education policy, youth policy

8.4.2004

EN

Official Journal of the European Union

C 88 E/265

This is the basis upon which the European Regulators Group (ERG) has adopted an ERG Common Position
on the approach to appropriate remedies in the new regulatory framework. Directorate-General
(DG)
Information Society and DG Competition collaborated with the ERG in preparing this document, but the
Common Position remains a document of the ERG.

(1) Directive 2002/19/EC of the Parliament and of the Council of 7 March 2002 on access to, and interconnection of,

electronic communications networks and associated facilities, OJ L 108, 24.4.2002.

(2) Directive 2002/22/EC of the Parliament and of the Council of 7 March 2002 on universal service and users’ rights

relating to electronic communications networks and services, OJ L 108, 24.4.2002.

(3) Directive 2002/21/EC of the Parliament and of the Council of 7 March 2002 on a common regulatory framework

for electronic communications networks and services, OJ L 108, 24.4.2002.

(2004/C 88 E/0270)

WRITTEN QUESTION E-0994/04

by Proinsias De Rossa (PSE) to the Commission

(31 March 2004)

Subject: Child protection and future EU programmes aimed at young people

In view of
its publication on 9 March 2004 of the two communications on future education and
citizenship policies after 2006, ‘The new generation of education and training programmes’ and ‘Making
citizenship work’, how will the Commission ensure that the issue of child protection is comprehensively
addressed in the legislative programmes on future EU education and citizenship programmes due to be
issued later this year?

Answer given by Mrs Reding on behalf of the Commission

(30 April 2004)

The Honourable Member raises the issue of child protection in the new generation of education, training
and citizenship programmes planned by the Commission (1). The Commission is fully aware of the need to
ensure maximum protection for young people, while respecting the different areas of competence. It has
already taken a number of initiatives in the areas in which it is competent to act. Examples are Council
Directive 94/33/EC on the protection of young people at work (2),
the Recommendation on the
development of the competitiveness of the European audiovisual and information services industry by
promoting national frameworks aimed at achieving a comparable and effective level of protection of
minors and human dignity (3) and the multiannual Community action plan on promoting safer use of the
Internet and new online technologies by combating illegal and harmful content, primarily in the area of
the protection of children and minors (4).

However, child protection remains an essentially national matter and it is up to the Member States to take
initiatives in this field.

In its proposals for a new generation of education, training and citizenship programmes, the Commission
envisages two types of measures:

(cid:1) ‘centralised’ activities, managed directly by the Commission;

(cid:1) ‘decentralised’ activities, for which national agencies appointed by the authorities in the participating

countries are responsible.

These ‘decentralised’ activities should account for most of the budget, and it is essentially in this area that
activities involving young people, e.g. mobility projects, will be supported.

C 88 E/266

Official Journal of the European Union

EN

8.4.2004

In the Commission’s view it is up to the authorities of the participating countries, in collaboration with the
National Agencies, to take the necessary steps to ensure the protection of minors,
in line with the
legislation in force and with national cultural sensitivities.

In general, the Commission will ensure, in view of the criteria set out in the calls for proposals, that the
projects selected are of unquestionable educational value,
the interests of
participants, and in particular of minors.

taking full account of

(1) COM(2004) 154 final and COM(2004) 156 final.
(2) Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work, OJ L 216, 20.8.1994.
(3) Council Recommendation 98/560/EC of 24 September 1998, OJ L 270, 7.10.1998.
(4) OJ L 162, 1.7.2003.

(2004/C 88 E/0271)

WRITTEN QUESTION E-0995/04

by Bartho Pronk (PPE-DE) to the Commission

(31 March 2004)

Subject: Restrictive measures planned by some EU Member States contrary to the right of equal treatment

granted by the EU

According to the press releases of several EU Member States (United Kingdom, Ireland, Denmark) the social
rights of migrants from the new Member States are going to be restricted in various ways. Regulation
(EEC) No 1408/71 (1) on social security coordination lays down the principle that employed and self-
employed persons are per se entitled to the benefits set out in the Regulation without any residence period
requirement. In my view, the condition of two years’ continuous residence for entitlement to benefits
granted under Regulation 1408/71 is incompatible with EC law.

1. What will be the reaction of the Commission to such measures, which are clearly contrary to EC
law?

The most recent studies published forecast a migration rate of no more than 1 % from the new Member
States after 1 May 2004.

2.
Does the Commission consider that Hungary really represents a threat to the labour market of the
current Member States and that the restrictive measures planned by several governments with the clear
objective of preventing Hungarian nationals from having access to the European labour market are
therefore well-founded?

(1) OJ L 149, 5.7.1971, p. 2.

Answer given by Mr Dimas on behalf of the Commission

(30 April 2004)

1.
The transitional arrangements set out in the Accession Treaty provide that current Member States
may maintain restrictions on access to their labour markets by workers from new Member States under
certain conditions for a maximum period of seven years. These restrictions only apply to access to the
labour market, and not to access to social security benefits or entitlement to social advantages. The
Commission has reminded Member States of these principles in its regular and recent contacts with
Member States’ representatives at technical level. Most Member States have informed the Commission that
they are at this moment still finalizing their legislative measures pertaining to the first two years of the
transitional period. The Commission will also send a letter to all Member States concerned, in which it will
recall the obligations under Community law and ask Member States to provide the final text of all the
legislative measures relating to the first two years of the transitional period as soon as possible. The
Commission will continue to follow up this matter and take appropriate action,
including requesting
clarification of legislative measures, where necessary.