WRITTEN QUESTION E-0436/01

by Klaus-Heiner Lehne (PPE-DE) to the Commission

(16 February 2001)

Subject: Pension entitlements payable by Italy

A Mr Wolfgang Kaltenbrunner, resident in Germany, holds a pension entitlement payable by the Italian state. Despite repeated applications to the Italian insurance agencies responsible, his case is not being processed by the Italian authorities. Mr Kaltenbrunner had submitted numerous applications for payment between 3 September 1998 and 25 October 2000. No answer was however received from the Italian authorities.

According to Mr Kaltenbrunner, other pensioners resident in Germany with pension claims on the Italian authorities are being similarly treated.

Can the Commission answer the following:

1. Do efforts to secure harmonisation exist at European level in the form of directives or regulations in accordance with which conduct by the Italian authorities as described above would be prohibited?

2. What action will the Commission take against the conduct of the Italian authorities in the event that such regulations or directives exist?

3. If no relevant harmonisation provisions exist, will the Commission submit proposals for appropriate directives or regulations?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(5 April 2001)

The Commission would like to inform the Honourable Member that Article 42 (ex Article 51) of the EC Treaty provides for the coordination of Member State's social security schemes. This means that Community law on social security does not replace the existing national social security systems with a uniform European system, but rather leaves Member States the liberty to determine their national social security schemes. Community law, notably Regulation (EEC) No 1408/71 of the Council of 14 Juny 1971, on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community(1) and Regulation (EEC) No 574/72 of the Council of 21 March 1972, fixing the procedure for implementing Regulation (EEC) No 1408/71(2), establishes common rules and principles which have to be observed when applying national laws. By doing so, Community law ensures that the application of the different national legislations does not adversely affect persons exercising their right to free movement within the Community.

The Regulations provide for detailed rules in the field of pensions. They stipulate that each Member State where a person has worked for more than one year is obliged to pay a pension commensurate with the insurance periods completed there and that this pension shall be paid wherever the former migrant worker resides or stays in the territory of the European Economic Area, without any reduction, change or suspension. A person who has worked in several Member States and who reaches retirement age should in principle introduce the pension claim with the competent institution of the Member State where he or she resides. This institution will then transfer the claim to all competent institutions of the Member States where a person has been insured for more than a year, in order for them to process the pension claims and calculate the pension entitlements in accordance with their respective legislations and with the aforementioned Regulation.

The Commission is aware that the processing of pension claims can take a long time and is supporting Member States' efforts to modernise procedures in order to speed up the process of settling claims. In 1998, it set up the Technical Commission which is comprised of experts from Member States' authorities and which has implemented a number of pilot projects, e.g. electronic exchange of data in the pensions field.

As the Honourable Member has provided more detailed information of Mr Kaltenbrunner's case, the Commission is willing to examine the specific case and will inform the Honourable Member of the outcome.

(1) OJ L 149, 5.7.1971.

(2) As updated by Council Regulation (EC) No 118/97 of 2 December 1996 (OJ L 28, 30.1.1997).