WRITTEN QUESTION E-1091/00

by Inger Schörling (Verts/ALE) to the Commission

(7 April 2000)

Subject: Freedom of movement for EU officials

Swedish television recently reported on the case of a woman who had worked for three years at one of the EU institutions before deciding to return home to Sweden. When she returned, she found that she was not covered by the social insurance systems at all and was treated as if she had just arrived as an immigrant. After using up her savings from her time as an EU official, she was forced to live on welfare benefits until she found a job.

There may be many reasons why well-paid officials return to their countries of origin, and it goes without saying that everyone must be free to make that choice. However, it does seem wrong that EU officials should feel compelled to stay put because they have been removed from their national systems without having any other system to rely on for security.

What steps does the Commission intend to take to make it easier for EU officials, too, to move freely?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(31 May 2000)

Under Community law there is no unified European social security system. Each Member State is responsible for its own social security system and decides which benefits shall be provided, the conditions for eligibility and the value of the benefits. In general, national social security schemes do not allocate unemployment benefits to people who resign from professional occupation.

Officials and other servants of the Communities are protected by a social security scheme instituted by the Council under Article 15 of the Protocol on privileges and immunities of the Communities. The provisions governing the benefits of this scheme are contained in the staff regulations.

Social security schemes for officials of the institutions are not included in the Community provisions for the co-ordination of Member States' social security systems under Regulations (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(1) and no 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) no 1408/71(2)(3). There are, however, several transitional arrangements for officials who stop working. A distinction has to be made between officials, temporary staff and auxiliary staff.

In case of resignation, officials will not receive any unemployment benefit or family allowances and their accident insurance will stop. They may continue enjoying sickness insurance for a maximum of six months after resignation in order to be entitled to a national sickness insurance scheme. They benefit from their acquired pension rights from the age of 50 (or 60) or receive a lump sum at departure in the case of less than ten years' service in the European institutions. The official has also the possibility to transfer pension rights to the pension scheme of an administration or an organisation if an agreement has been concluded with the Community. Temporary staff have the opportunity, in certain circumstances and in most Member States, to maintain part of their national social security schemes while in service and while covered by the social security schemes for officials of the Institutions. At the end of their contract, if they have no immediate further employment, they will benefit, for a maximum period of two years, from unemployment and family allowances as well as from sickness cover. In the case of resignation during their contract the same rules apply as for officials.

Auxiliary staff are not covered by the social security schemes for officials of the European Institutions but affiliated to the compulsory national social security system of the Member State to whose system they were last affiliated or that of their Member State of origin. As such they take full benefit of the Community provisions for the co-ordination mentioned above.

The Commission considers that the rules for Community officials outlined above do not impede their free movement.

(1) OJ L 149, 5.7.1971.

(2) OJ L 74, 27.3.1972.

(3) Last consolidated version: Council Regulation No 118/97 OJ L 28, 30.1.1997.