WRITTEN QUESTION E-2039/01

by Freddy Blak (GUE/NGL) to the Commission

(13 July 2001)

Subject: Entitlements for cohabiting EU staff

There is still discrimination against some groups of EU staff. Those not living in a heterosexual marriage are denied access to a number of fringe benefits. This is true whether they have been cohabiting for a number of years or live in a registered partnership.

Some EU institutions have however offered the opportunity for cohabitants to register their relationship with the institution. In some cases this entitles their partners to individual fringe benefits such as language courses.

Can the Commission answer the following:

1. How many EU employees have registered their cohabitant partners with the various EU institutions?

2. What entitlements have the various EU institutions given such couples?

3. At what cost?

4. Have there been any cases of abuse?

Answer given by Mr Kinnock on behalf of the Commission

(17 October 2001)

1. At present, 148 officials and other Servants of the European Communities have registered their cohabitant partner with the Commission. The Commission naturally does not retain figures relating to the other EU Institutions.

2. On 9 July 1996, the Commission adopted a memorandum on staff arrangements that recognises cohabitation by heterosexual and by homosexual partners, and grants cohabiters access to certain administrative facilities.

In order to benefit from the latter, the official or other Servant concerned will be required to complete a sworn statement of cohabitation and furnish documentary evidence (in particular a certificate of residence) that they have cohabited for a period of not less than six months. The Commission will then issue a cohabitation certificate.

This certificate gives the cohabiter access to certain Commission premises such as the restaurants, cafeterias, Foyer or the staff shop. The cohabitant partner is also allowed to join family clubs, sporting and social activity clubs of the Institution and make use of the services of welfare officers in the event of difficulty. He or she may also attend language courses, subject to availability of places. Priority is given to other candidates if they are officials. An official may be granted special leave in the event of the serious illness or death of his or her cohabiting partner.

Under the current Staff Regulations the only type of partnership that can be recognised for the purpose of financial status and provision is heterosexual marriage. This implies that the cohabiter of an official is not entitled to, for instance, family allowances, annual travel expenses, health insurance or surviving spouse's pension. Unmarried heterosexual and homosexual couples with dependent children are, however, eligible for the family allowances relating to those children.

This differentiation between married and unmarrried couples could only be addressed if stable partnerships outside of marriage were recognised for the purpose of receiving the same benefits.

The White Paper on Reforming the Commission(1), published on 1 March 2000, states that conditions for recognising stable partnerships outside marriage will be established (Part II, actions 51 and 53).

As part of the ongoing Administrative Reform Strategy, a study is being conducted on these issues in order to identify legally acceptable and workable arrangements that would prevent discrimination against officials who do not have legal recourse to marriage and would confer rights and obligations on such partnerships.

3. The financial impact of the entitlements referred to in answer 2 has not been calculated in the way that could provide information in the form sought by the Honourable Member. However, it is clear that due to their nature certain entitlements do not carry any financial implications, whereas others (such as language courses and special leave) have an indirect, but still limited financial impact.

4. The Commission is not aware of any cases of abuse of entitlements under the current arrangements. If and when such cases arise they would be dealt with under the provisions of the Staff Regulations and in keeping with principles of good management.

(1) COM(2000) 200.