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12.6.

2003 EN Official Journal of the European Union C 137 E/223

Answer given by Ms Diamantopoulou on behalf of the Commission

(20 January 2003)

Article 7 of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the
organisation of working time (1) stipulates that every worker is entitled to paid annual leave of at least four
weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by
national legislation and/or practice.

In the Commission’s view, the Belgian provisions you mentioned are in compliance with Article 7 of the
Directive, since the latter explicitly refers to the conditions for entitlement to, and granting of, such leave
laid down by national legislation and/or practice.

According to the Court of Justice’s judgment of 26 November 2001 in Case C-173/99 (2), legislation of a
Member State which imposes a precondition for entitlement to paid annual leave that has the effect of
preventing certain workers from acquiring any such entitlement not only negates an individual right
expressly granted by Directive 93/104/EC but is also contrary to its objective (point 48 of the judgment).
However, the Belgian legislation does not make entitlement conditional on a minimum period of work but
merely defers such entitlement to the following calendar year. In the Commission’s opinion, this is covered
by the final part of Article 7(1).

As regards the transfer of accrued entitlement to holiday pay, there is no Community legislation on this
subject and the Commission has no plans at present to put forward proposals in this area.

(1) OJ L 307, 13.12.1993.


(2) Judgment of the Court (Sixth Chamber) of 26 June 2001. The Queen v Secretary of State for Trade and Industry,
ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union (BECTU). Reference for a preliminary
ruling: High Court of Justice (England & Wales), Queen’s Bench Division (Crown Office)  United Kingdom,
European Court Reports 2001, p. I-04881.

(2003/C 137 E/251) WRITTEN QUESTION E-3536/02


by Christopher Huhne (ELDR) to the Commission

(11 December 2002)

Subject: STAR 21 Review

How does the Commission intend to implement the recommendations made in its Strategic Aerospace
Review (STAR 21)?

What effects will these recommendations have on the production and sale of weaponry for military use, in
the Commission’s view?

How does the Commission propose to ensure that promotion of the European aerospace industry does not
lead to an increase in the flow of weapons and related equipment out of factories and into areas of
conflict?

(2003/C 137 E/252) WRITTEN QUESTION E-3537/02


by Christopher Huhne (ELDR) to the Commission

(11 December 2002)

Subject: STAR 21 Review

Will the Commission please explain why its STAR 21 (Strategic Aerospace Review) ignores the divide
between civil and military equipment?