WRITTEN QUESTION No. 542/98 by James NICHOLSON to the Commission. State earnings related pension scheme
Date: 1998-03-04
Institutions: European Parliament, NICHOLSON
Subjects: United Kingdom, application of EU law, competence of the Member States, equal treatment, gender equality, provision of services, social security

9. 10. 98

EN

Official Journal of the European Communities

C 310/81

(98/C 310/107)

WRITTEN QUESTION E-0542/98

by James Nicholson (I-EDN) to the Commission

(4 March 1998)

Subject: State earnings related pension scheme

The United Kingdom government has recently changed the law with regard to the State Earnings Related Pension
Scheme (SERPS) so that any woman widowed on or after 6 April 2000 will only received half of her husband(cid:146)s
SERPS.

Does  the  Commission  believe  that  this  change  in  the  law  contravenes  Article  119  of  the  Treaty  (equal
opportunities and equal treatment of men and women in matters of employment)?

Answer given by Mr Flynn on behalf of the Commission

(3 April 1998)

As regards the problem raised by the Honourable Member, the Commission wishes to point out that in the field of
social protection Member States are free to adopt their own policies as regards the organisation and operation of
social  security  schemes,  provided  they  comply  with  Community  law  governing  equal  treatment  of  men  and
women  (Article  119  of  the  EC  Treaty,  Directives  79/7/EEC (1)  and  86/378/EEC (2)  as  amended  by  Directive
96/97/EC (3)) and the social security of migrant workers (Article 51 of the EC Treaty and Regulations (EEC)
Nos 1408/71 and 574/72, as amended by Regulation (EC) No 118/97 (4)).

Hence Member States may, as in this particular case, adopt rules laying down the level of the different benefits,
provided the above-mentioned Community legislation is respected.

The  new  rules  in  the  United  Kingdom  governing  the  award  of  survivors(cid:146)  benefits  which  will  take  effect  on
6 April 2000 do not infringe existing Community law and, more specifically, they do not fall foul of Directive
79/7/EEC  (equal  treatment  for  men  and  women  in  matters  of  statutory  and  legal  social  security  schemes)  ›
particularly since this Directive excludes survivors(cid:146) benefits from its scope.

Article 119 of the EC Treaty does not apply to statutory schemes. It concerns only equal pay for male and female
workers and covers only occupational social security schemes.

(1)  OJ L 6, 10.1.1979.
(2)  OJ L 225, 12.8.1986.
(3)  OJ L 46, 27.2.1997.
(4)  OJ L 28, 30.1.1997.

(98/C 310/108)

WRITTEN QUESTION E-0543/98

by Gianfranco Dell(cid:146)Alba (ARE) to the Commission

(4 March 1998)

Subject: European financing for the archaeological park of Populonia (Livorno)

In the Etruscan necropolis of Populonia on the bay of Baratti (Livorno) an archaeological park and nature reserve
is being created by the company Val di Cornia, financed by the European Regional Fund.

The  plans  for  the  park  are  causing  grave  concern  as  regards  respect  for  and  preservation  of  both  the
environmental characteristics of the archaeological site, which is almost intact, and the archaeological remains
themselves, in that:

a)  a  conspicuous  structure  which  raises  up,  enlarges  and  encases  in  concrete  the  ruins  of  a  modest

farmhouse, is clearly incompatible with the adjoining archaeological remains;

b) 

the project provides for the construction of a car park for at least 2000 cars, also in the archaeological
area.