WRITTEN QUESTION E-0436/01 by Klaus-Heiner Lehne (PPE-DE) to the Commission. Pension entitlements payable by Italy.
Date: 2001-02-16
Institutions: European Parliament, Provisional data
Subjects: Germany, Italy, migrant worker, social security, social-security harmonisation, supplementary pension

C 40 E/10

Official Journal of the European Communities

EN

14.2.2002

In relation to the detail of conditions under which expatriation allowance is granted, the following should
be noted:

(cid:129) The expatriation allowance is granted in accordance with the Staff Regulations, which have been
adopted by the Council after consultation with the Parliament. Its purpose is to compensate the
official for additional burdens resulting from the work outside his country of origin, like the absolute
obligation to work in one or more foreign languages, the frequent loss of income on the part of an
accompanying spouse or partner, and the need to maintain, over the whole period of his employment,
close links to the home country.

(cid:129) It is the major means to differentiate salary levels between officials who have the nationality of the
(cid:145)host country(cid:146) and those who have left their country of origin to take up work in a European
Institution.

(cid:129) Expatriation allowance is granted only to an extent strictly proportionate to the existence of a
situation of expatriation and in narrowly-defined and objectively verifiable circumstances. Contrary to
what the Honourable Member says,
is
required to live outside his/her own country for service-related reasons and it does not count for the
calculation of pension rights; moreover the case-law concerning this allowance has never suggested
that it involves any element of unlawful discrimination as between expatriate and (cid:145)host-country(cid:146)
officials, since the difference in salary is directly related to a difference of situation.

it is granted only during active service while the official

(cid:129) The economic obligations resulting from work outside the country of origin generally do not decrease

over time and they are not affected by any gradual integration into the host country.

(cid:129) Certain costs (cid:129) like ensuring care for invalid parents, supporting childrens(cid:146) school or University
attendance, or maintenance of a home in the home country (cid:129) can, and generally do, increase over
time.

(cid:129) The lower rated foreign residence allowance is granted to officials who do not have the nationality of
the (cid:145)host country(cid:146), but who have lived or worked in that country already before with a likely
perspective of a long-term stay. This is why working periods for another international organisation or
a national embassy, which are normally postings of a limited duration, are not
taken into
consideration in this context.

(1) COM(2000) 200 final.

(2002/C 40 E/009)

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?

14.2.2002

EN

Official Journal of the European Communities

C 40 E/11

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(cid:146)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(cid:146) 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(cid:146) 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(cid:146)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).

(2002/C 40 E/010)

WRITTEN QUESTION P-0551/01

by Hubert Pirker (PPE-DE) to the Commission

(20 February 2001)

Subject: Adjustment of Slovenian nuclear policy

In his answer to my Written Question P-1659/99 (1) of 14 September 1999, Commissioner Verheugen
stated that the adjustment of the Slovenian nuclear policy in line with the results of the seismic risk
assessment to be carried out in the surroundings of the Krsko nuclear power plant would be carried out as
a matter of priority.

In November 2000 the Commission presented the findings of the study on (cid:145)Geophysical Research in the
Surroundings of the Krsko NPP(cid:146), dated September 2000. This study describes the seismic line KK-03-99 as
a (cid:145)potential danger(cid:146).

What conclusions does the Commission draw from this geophysical study on Krsko and what action does
it envisage?

What measures does it intend to take as regards the adjustment of Slovenian nuclear policy?

(1) OJ C 170 E, 20.6.2000, p. 66.