WRITTEN QUESTION E-1790/00

by Mauro Nobilia (UEN) to the Commission

(8 June 2000)

Subject: Mutual recognition by building societies

Article 37 of Italian Law No 109/94 provided that the social partners concerned were to enter into an appropriate agreement by 5 March 1995 to encourage workers' mobility through mutual recognition of the payments made by workers to the various building societies.

The above article provided that in the absence of such an agreement the building societies would automatically mutually recognise all rights, payments, allowances and benefits to which workers have become entitled with the institutions of which they are members.

Pursuant to Law No 415/98, the deadline laid down in the previous law for concluding the mutual recognition agreement was extended to 16 May 1999.

In the interval between the two above-mentioned laws, the Sardinian and Sicilian Confederations of Craft Industries and Trades set up with the trade union confederation UGL (Unione Generale di Lavoro General Workers' Union) two regional building societies for the craft industries giving workers who were members of them exactly the same rights as those of the other building societies in strict application of all the provisions laid down by the national collective bargaining agreement for that sector.

On 18 December 1998, at the instigation of the Ministry of Labour, the ANCE (Associazione Nazionale Costruttori Edili National association of building contractors), the craft industries confederations and the CGIL (Confederazione Generale Italiana del Lavoro Italian general workers' confederation), the International Confederation of Free Trade Unions and the UIL (Unione Italiana del Lavoro Italian workers' union) signed the agreement originally provided for by Law 109/94 excluding the UGL and the above-mentioned regional confederations of craft industries and trades.

In July 1999 Under-Secretary Viviani called another meeting of the above-mentioned parties and confirmed the exclusion of the UGL and the Sardinian and Sicilian Confederations of Craft Industries and Trades.

On 9 September 1999, at the end of the above meeting, another agreement was entered into in which the Ministry of Labour takes note of the resulting obligation on the part of the organisations which have not signed the protocol of 18 December 1998 to complete by means of similar provisions the implementation of the mutual recognition agreements between the respective joint bodies by 30 September 1999.

Up to now, neither the UGL nor the Sardinian and Sicilian Confederations of Craft Industries and Trades have been called to a meeting.

Can the Commission:

- ascertain whether the facts set out above are true;

- if need be, take action to persuade the Italian Ministry of Labour to remove any discrimination and any unlawful competition which might arise due to the fact that those excluded cannot obtain the essential declarations of release certifying that they have regularly paid their contributions provided for by Law No 415/98?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(19 July 2000)

The Commission has no jurisdiction to deal with the question asked, which is a matter solely for the national authorities concerned.