(2004/C 33 E/165)

WRITTEN QUESTION P-1762/03

by Adriana Poli Bortone (UEN) to the Commission

(21 May 2003)

Subject:   Discrimination between workers loading and unloading goods in Greece

Having received a large number of complaints, I should like to draw the Commission's attention to the fact that in Greece the job of loading and unloading goods is still governed by a law dating back to 1949 (Law No 1254) under which anyone wishing to engage in this occupation must first be entered in a register kept, without any clear rules, by an association which, according to the complaints received, frequently discriminates between applicants.

Does the Commission consider this situation to be in keeping with current common market rules?

Answer given by Mrs de Palacio on behalf of the Commission

(20 June 2003)

The Commission wishes to point out to the Honourable Member that as a general rule and according to the jurisprudence a service provider has the right to employ personnel of his own choice.

The Commission, following informal contacts with the Greek authorities has been informed that the Law 1254/1949 does not in itself allow for the discriminations described in her written question.

However, the Commission invites the Honourable Member to submit to it any details, which may allow the conclusion that discrimination and abuses stemming from the application of Law 1254/1949 are occurring. In this case the Commission would be willing to investigate this matter in depth, in order to assess what action should be taken.

In any case, the Commission wishes to remind to the Honourable Member of its proposal for a Directive of the Parliament and of the Council on Market Access to Port Services, aiming at creating a level playing field in this area and further ensuring the full respect of the rules of the Treaty, for all parties concerned, workers, service providers and port users