WRITTEN QUESTION No. 2157/98 by Alexandros ALAVANOS to the Commission. Long delays affecting the payment of pension entitlements
Date: 1998-07-13
Institutions: ALAVANOS, European Parliament
Subjects: Community Charter of the Fundamental Social Rights of Workers, Greece, competence of the Member States, national law, payment, pension scheme, retired person

5.2.1999

EN

Official Journal of the European Communities

C 31/127

Since communications from several Member States were late in arriving or incomplete, the Commission has not
yet been able to prepare the report on the transposition of Directive 94/33/EC. Several infringement proceedings
for (cid:145)non-communication(cid:146) have been brought against the Member States concerned. If, after having received all
the necessary particulars, the Commission considers that a Member State has not correctly transposed the
Directive, it may commence the procedure provided for in Article 169 of the EC Treaty.

Generally the Member States have already outlawed child labour, and hence they are obliged to police
compliance with this ban and to impose effective sanctions in the event of infringements.

Pursuant to Article 17 (4), Member States must report to the Commission every five years on the practical
implementation of the provisions of the Directive.

(1) OJ L 216, 20.8.1994.

(1999/C 31/176)

WRITTEN QUESTION E-2157/98

by Alexandros Alavanos (GUE/NGL) to the Commission

Subject: Long delays affecting the payment of pension entitlements

(13 July 1998)

According to press reports, long delays are occurring in the payment of pension entitlements by certain funds in
Greece, one example being a delay of six years in the payment of pension entitlements by the Metallurgical
Industries Fund from the date of application. However, Article 24 of the Community Charter of Fundamental
Rights of Workers categorically states that every worker in the European Union in retirement must be able to
enjoy resources affording him or her a decent standard of living, while Article 5(3) states that wages and salaries
may be withheld, seized or transferred only in accordance with national law.

What steps will the Commission take to remedy matters? What legal channels are open to members of pension
schemes within the European Union to ensure that they can secure their entitlements immediately on retirement?
Does the Commission find it acceptable that, in view of the high rate of inflation in Greece, no interest should be
paid on the pension arrears accumulated over six years?

Answer given by Mr Flynn on behalf of the Commission

(11 September 1998)

The organisation, functioning, awarding and payment of pensions fall within the sphere of responsibility of the
Member States.

The only binding Community provisions which may have a bearing on pension schemes are the Regulations on
social security for migrant workers (1) and the Directives on equal treatment for men and women (2).

Given that these provisions have no bearing on the case referred to, the delay in pension payments should be
looked into from the viewpoint of national law. Here the Commission is unable to intervene in what is an internal
matter.

It should also be noted that the Community Charter of the Fundamental Social Rights of Workers referred to by
the Honourable Member does not lay down legally binding requirements.

(1) Regulations (EEC) 1408/71 and 574/72. The updated versions of these Regulations were published in OJ L 28, 30.1.1997.
(2) Directives 79/7/EEC (OJ L 6, 10.1.1979.), 86/378/EEC (OJ L 225, 12.8.1986.) and 96/97/EC (OJ L 46, 17.2.1997.).