WRITTEN QUESTION P-1119/02

by Bartho Pronk (PPE-DE) to the Commission

(15 April 2002)

Subject: Annex IIa to Article 10a of Regulation 1408/71

On 31 July 2001 I asked a written question on the subject of Annex IIa to Article 10a of Regulation 1408/71(1) (Written Question E-2262/01(2)).

In her answer to this question Commissioner Diamantopoulou stated her willingness to review all the benefits listed in this annex with a view to establishing whether their inclusion was justified, in the light inter alia of the Jauch and Leclere judgments handed down by the Court of Justice.

I have not so far received the results of this review. I was extremely surprised, therefore, when the Netherlands Secretary of State for Social Affairs and Employment, Mr Hoogervorst, quoted from an alleged analysis of the subject (Second Chamber, 2001-2002, 22187, No 23, p. 4).

This prompts me to ask the following questions:

- Has the promised review of the benefits listed in Annex IIa now been completed?

- Is so, how is it possible that the Secretary of State is already quoting from the review when Parliament has not yet been notified of its outcome?

- If not, how can the Secretary of State have included the said quotation in the aforementioned letter to the Second Chamber when there are as yet no results available? Have there been bilateral contacts on the subject between the Commission and Mr Hoogervorst?

- When will the results of the investigation be sent to Parliament?

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

(2) OJ C 40 E, 14.2.2002, p. 229.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(8 May 2002)

The Commission confirms the answer it gave to written question E-2262/01(1) in which it said that in the light of recent case law of the Court of Justice, particularly the judgments handed down in the Jauch(2) and Leclere(3) cases, it is currently examining whether the benefits listed in Article 10(a) of Annex IIa of Regulation (EEC) No 1408/71(4) always meet the criteria laid down by the Court of Justice to justify their non-exportability. On the basis of this analysis, the Commission should be able to submit to the Community legislator a proposal that those benefits which it no longer considers justified be removed from Annex IIa.

With a view to providing due grounds for this proposal, the Commission has been in contact with government experts in the various Member States, particularly the Netherlands, in order to discuss in detail the characteristics of these benefits under national law. These contacts are still in progress and the Commission has not so far taken any decision on the precise content of the proposal which it plans to adopt. There has been no formal contact between the Commission and Mr Hoogervorst on this subject.

The Commission hopes to present the proposal to the Parliament and the Council by September 2002 at the latest.

(1) OJ C 40 E, 14.2.2002.

(2) Judgment of 8 March 2001, Jauch, C-215/99, ECR I-190.

(3) Judgment of 31 May 2001, Leclere and Deaconescu, C-43/99, ECR I-4265.

(4) Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community, OJ L 149, 5.7.1971. Regulation amended by Council Regulation (CE) No 118/97 of 2 December 1996, OJ L 28, 30.1.1997.