WRITTEN QUESTION P-2334/01 by Antonios Trakatellis (PPE-DE) to the Council. Staff Regulations of officials of the European Communities: violation of the principles of equality and freedom of establishment and infringement of pension provisions governing establishment.
Date: 2001-07-26
Institutions: European Parliament, Provisional data
Subjects: European official, equal treatment, pension scheme, regulations for civil servants, residence

4.4.2002

EN

Official Journal of the European Communities

C 81 E/153

(2002/C 81 E/178)

WRITTEN QUESTION E-2332/01

by Concepci(cid:243) Ferrer (PPE-DE) to the Council

(3 August 2001)

Subject: New round of WTO negotiations, Qatar, 9-13 November

Launching a full new round of multilateral trade negotiations is currently an important objective of
Community trade policy.

What action does the Belgian Presidency intend to take with respect to the IVth Ministerial Conference in
Doha with a view to strengthening the Commission(cid:146)s negotiating mandate so that in November at Qatar it
is able to present a strong position, defend its agenda and, above all, achieve a consensus within the WTO?

Reply

(6 December 2001)

The Council will be asked to discuss the preparation of the 4th WTO Ministerial Conference at one of its
forthcoming meetings. In this context, the Council would recall that its Conclusions of 26 October 1999
remain the basis of the European Union(cid:146)s position on multilateral trade negotiations in the WTO,
particularly as regards continuing trade liberalisation, strengthening the WTO(cid:146)s rules and integrating
developing countries into the multilateral trade system. On that basis, the EU will actively continue trying
to persuade its WTO partners to launch a comprehensive round of multilateral trade negotiations at the
Doha Conference.

(2002/C 81 E/179)

WRITTEN QUESTION P-2334/01

by Antonios Trakatellis (PPE-DE) to the Council

(26 July 2001)

Subject: Staff Regulations of officials of the European Communities: violation of the principles of equality

and freedom of establishment and infringement of pension provisions governing establishment

In view of the fact that Article 83(2) of the Staff Regulations of officials and the corresponding article of
the rules applicable to other servants of the European Communities specify a (cid:145)contribution(cid:146) by all officials
to the pension scheme amounting to 8,25 % of their basic salary (cid:145)(cid:133), the weightings provided for in
Article 64 not being taken into account(cid:146); and bearing in mind also that, despite the fact that all officials are
required to pay a uniform contribution, Article 82(1) of the Staff Regulations provides for variations in the
amount of the pension awarded to be based solely on the future place of residence selected by officials
retiring from the service after the award of the pension and the standard of living there,

will the Council say:

(cid:129) What steps does it intend to take to put an end to the violation of the fundamental principle of
equality under which every official should receive the same pension benefits for the same pension
contributions and the violation of the principle of freedom of establishment in the territory of any
Member State through the introduction of (cid:145)weightings(cid:146)?

(cid:129) How will

it tackle the violation of pension provisions by officials who chose a bogus place of
residence in order to receive a higher pension, without, however, meeting the essential conditions for
the implementation of the (cid:145)pension weightings(cid:146)?

(cid:129) Does it intend to call for a proposal amending the Staff Regulations in order to abolish the unfair
provisions concerning the (cid:145)weightings(cid:146) so that all officials receive the same pension since they pay the
same contributions?

C 81 E/154

Official Journal of the European Communities

EN

4.4.2002

Reply

(29 November 2001)

The Council would remind the Honourable Member that in accordance with Article 283 of the Treaty
establishing the European Community, the Staff Regulations of officials of the European Communities and
the Conditions of Employment of other servants of those Communities are laid down by the Council,
acting by a qualified majority on a proposal from the Commission and after consulting the other
institutions concerned. The emoluments and social security benefits of officials are set out under Title V of
the Staff Regulations.

On 29 June 2001 the Permanent Representatives Committee adopted a report (1) on the Commission
reform drawn up by the Working Party on the Staff Regulations. Inter alia, it emerges from this report
that:

The Working Party welcomes the Commission(cid:146)s wish to review the application of economic parities to
pensions, as well as its exploration of other savings to the scheme: changes in the invalidity scheme,
survivor(cid:146)s pensions, pension rights bonus, system of (cid:145)weightings for pensions(cid:146).

The Council will continue to study this issue in the framework of the major reform of human resources
policy and in particular on the basis of official proposals to be submitted by the Commission.

(1) 9954/01 STAT 29 FIN 187 + ADD 1.

(2002/C 81 E/180)

WRITTEN QUESTION E-2338/01

by Graham Watson (ELDR) to the Council

(3 August 2001)

Subject: Restrictions on freedom of religion

Given that choice of religion is a fundamental freedom and therefore a basic human right enshrined in the
EU Charter of Fundamental Rights, does the Council believe that the law adopted by France regarding
restrictions on freedom of religion (adopted text No 676, 30 May 2001) is in breach of the Charter?

Reply

(6 December 2001)

The Council would draw the attention of the Honourable Member to declaration No 11, annexed to the
Treaty of Amsterdam, on the status of churches and non-confessional organisations in which the European
Union states that it respects and does not prejudice the status under national law of churches and religious
associations or communities in the Member States. In the same declaration it adds that it equally respects
the status of philosophical and non-confessional organisations.

The Council is not aware of the specific case raised by the Honourable Member.

Moreover it would remind the Honourable Member that, apart from cases referred to it in the context of
Article 7 of the Treaty on European Union, it is not for the Council to comment on Member States(cid:146) respect
for fundamental rights and freedoms.

(2002/C 81 E/181)

WRITTEN QUESTION E-2339/01

by Pat Gallagher (UEN) to the Council

(3 August 2001)

Subject: Council of Europe Charter for Minority and Regional Languages

Does the Council share the view that more than forty regional and minority languages spoken across
Europe form a crucial part of Europe(cid:146)s cultural heritage and, as such, need to be protected and promoted?