WRITTEN QUESTION E-2668/00 by Ria Oomen-Ruijten (PPE-DE) to the Commission. German legislation concerning child allowances with regard to Regulation (EEC) No 1408/71.
Date: 2000-09-01
Institutions: European Parliament, Provisional data
Subjects: Germany, family benefit, frontier worker, social legislation, social security, tax law

8.5.2001

EN

Official Journal of the European Communities

C 136 E/73

Answer given by Mr Verheugen on behalf of the Commission

(12 October 2000)

The Commission follows very closely the developments in the north of Cyprus and in particular the recent
committal to trial of three Turkish Cypriots (cid:129) Avrupa chief editor Sener Levent, Sgt Tutuncu and his wife
Pembe Tutuncu, on charges of espionage. The Commission has also taken note of the declaration of thirty-
seven members of the Parliament condemning the arrests and demanding the release of the prisoners.
Therefore the Commission welcomes the recent early release of the suspects on the basis of a lack of
evidence to support their continued detention, despite the request by the prosecuting authorities for
further detention. The Commission will continue to closely monitor the situation both from Brussels and
from its Delegation in Nicosia.

In the context of enlargement, the Commission produces each year a regular report on all the 13 countries
which are candidates for membership of the Union. The report reviews progress in the light of the
Copenhagen criteria,
including the important area of human rights. This report is presented to the
Parliament and receives wide coverage in the media. In the case of Cyprus, there will be (as usual) a
special section dealing with the situation in the northern part of the island. It is probable that the case
mentioned by the Honourable Members will be detailed in this year(cid:146)s report. Concerning Turkey, a report
in which the issues raised by the Honourable Members (cid:129)
will also be published at the same time,
democratic principles and human rights (cid:129) will be addressed.

(2001/C 136 E/079)

WRITTEN QUESTION E-2668/00

by Ria Oomen-Ruijten (PPE-DE) to the Commission

(1 September 2000)

Subject: German legislation concerning child allowances with regard to Regulation (EEC) No 1408/71

In many cases, the German authorities (Family Allowances Service) do not pay any additional child benefit
in instances where both parents living in Germany are employed as wage-earning frontier workers in the
Netherlands.

The German authorities base their decision on Article 13 of Regulation (EEC) No 1408/71, taken in
conjunction with the German Income Tax Law (§65 EstG).

The same problem affects single women who live in Germany and work as wage-earning frontier workers
in the Netherlands.

Are such decisions in compliance with Regulation (EEC) No 1408/71?

If not, what action will the Commission take to solve these problems?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(16 October 2000)

The Honourable Member raises a question concerning the failure of the German authorities (family
allowance services) to pay additional child benefits in cases where both parents, who reside in Germany,
are employed as wage-earning frontier workers in the Netherlands and whether this is compatible with
Community law.

in particular Council Regulation (EEC) No 1408/71 (1)
Community law in the field of social security,
coordinates, but does not harmonise, national social security systems in order to ensure that migrant
workers and their family members do not lose their social protection when moving within the Commu-
nity.

Article 13 of the above Regulation provides that in principle a person employed in the territory of one
Member State, e.g. the Netherlands, shall be subject to the legislation of that Member State only, even if he
resides in the territory of another Member State, e.g. Germany.

C 136 E/74

Official Journal of the European Communities

EN

8.5.2001

With regard to family benefits, which also include child benefits, it is provided that if the family members
do not reside in the Member State under whose legislation the employed person is insured, in this case the
Netherlands, this person is entitled to family benefits as if the members of the family resided in this
Member State. If entitlement to benefits exists under the legislation of several Member States, there are
provisions which ensure that employed people receive the highest amount of benefits provided under the
legislation of one of these Member States.

However, Article 65 of the German income tax law (Einkommenssteuergesetz) rules out any entitlement to
child benefits in Germany, if there is an entitlement to such benefits outside Germany.

As Community law only coordinates national social security systems, each Member State remains
responsible for its own social security system and decides which benefits shall be provided, the conditions
for eligibility and the value of these benefits. Therefore, in this case, there seems to be no contradiction
with Community law.

(1) Last consolidated version: Council Regulation (EC) No 118/97 of 2 December 1996 amending and updating
Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed
persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying
down the procedure for implementing Regulation (EEC) No 1408/71 (OJ L 28, 30.1.1997).

(2001/C 136 E/080)

WRITTEN QUESTION E-2673/00

by Michl Ebner (PPE-DE) to the Commission

(1 September 2000)

Subject: Fuel from sustainable raw materials

Can the Commission indicate the extent to which it has already put in hand EU-wide studies into the
production of fuel from sustainable raw materials (e.g. sunflower and rape seed) and the results thereof?

Answer given by Mrs de Palacio on behalf of the Commission

(13 October 2000)

Since the 1990s the Commission has been examining the options for expanding the biofuel sector,
including those referred to by the Honourable Member.

One may mention the (cid:145)Biomass (cid:129) A new future(cid:146) study (Commission 6 January 1992) which constituted a
major working document for a proposal for a Directive on tax exemptions for biofuels put forward by the
Commission in 1992, (1) together with an amendment in 1994. (2) One may also mention the (cid:145)Euro-
biodiesel(cid:146), research project receiving € 16 million ((cid:145)AIR(cid:146) programme), demonstration projects supported by
the (cid:145)Thermie(cid:146) programme, several projects supported by the (cid:145)FAIR(cid:146) and (cid:145)JOULE(cid:146) programmes, and roughly
20 pilot projects or studies and dissemination activities funded under the (cid:145)Altener(cid:146) programme; One may
also mention the biodiesel standardisation activities carried out at European level by the CEN (European
Standardisation Committee) to the order of the Commission. Finally, a European biofuels network bringing
together the national associations involved in developing biofuels has been set up, using (cid:145)Altener(cid:146)
appropriations.

It is necessary to remind you of the detailed rules provided for by Commission Regulation (EC) No 2461/
1999 (3) for the use of land set aside for the production of raw materials for products not directly intended
for consumption. One may state, against this backdrop, that 90 % of the raw materials grown under those
rules are vegetable oils, a large proportion of which are used in producing biodiesel
(roughly
500 000 tonnes per year).

Among these initiatives the most important is without doubt the 1992 proposal for a Directive referred to
tax abatements to biofuels. Despite the
above authorising the Member States to award substantial