WRITTEN QUESTION E-3347/01 by Astrid Thors (ELDR) to the Commission. Payment of maternity benefit.
Date: 2001-12-03
Institutions: European Parliament, Provisional data
Subjects: EU Member State, EU national, maternity benefit, residence, social security, social-security benefit, wage earner

6.6.2002

EN

Official Journal of the European Communities

C 134 E/219

Answer given by Mrs Wallström on behalf of the Commission

(17 December 2001)

The Spanish authorities proposed the site on November 1996 as a site of Community importance. With an
area of 228,227 hectares, the site hosts habitats and species of the Mediterranean region.

The types of habitats described for these sites are:

# Hard oligo-mesotrophic waters with benthic vegetation of Chara sp (3140).

# European dry heaths (4030).

# Sub-Atlantic semi-dry calcareous grassland (6212).

# Sub-Atlantic very dry calcareous grassland (6213).

# * Pseudo-steppe with grasses and annuals of the Thero-Brachypodietea (6220).

# Humid tall herbfringes of watercourses and woodlands (6431).

# Lowland hay meadows (Alopecurus pratensis, Sanguisorba officinalis) (6510).

# Western eu-mediterranean and oro-iberian calcareous cliffs (8211).

# Central pyrenean calcareous cliffs (8212).

# Siliceous rocky slopes with Chasmophytic vegetation (8220).

# Caves not open to the public (8310).

# Medio-european limestone beech forest of the Cephalanthero-Fagion (9150).

# * Alluvial forest with Alnus glutinosa and Fraxinus excelsior (Alno-Pandion, Alnion Incanae, Salicion

Albae) (91 E0).

# Castanea sativa woods (9260).

# Salix alba and Populus alba galleries (92A0).

# Quercus suber forests (9330).

# Quercus ilex and Quercus rotundifolia forests (9340).

In relation to the species of Community interest the site hosts the following species of mammals:
Miniopterus schreibersi, Barbastella barbastellus, Myotis blythii and Rhinolophus ferrum-equinum.

In relation to fish, the site hosts the specie Barbus meridionalis.

In relation to invertebrates, the site hosts the following species, Austropotamobius pallipes, Graellsia
isabelae, Cerambyx cerdo and Vertigo moulinsiana.

For the time being, the Commission has not analysed any site of Community importance from the
Mediterranean region proposal.

The Bio-geographical seminar for the Mediterranean region is foreseen for July 2002. During this meeting,
all the sites proposed by the Member States will be analysed.

(2002/C 134 E/233)

WRITTEN QUESTION E-3347/01

by Astrid Thors (ELDR) to the Commission

(3 December 2001)

Subject: Payment of maternity benefit

According to the founding Treaties, the Community is to ensure the social protection of workers, and the
payment of social security benefits, irrespective of the country in which they are resident. To that end, the

C 134 E/220

Official Journal of the European Communities

EN

6.6.2002

Council adopted Regulation (EEC) No 1408/71 (1) on the application of social security systems to
employed persons and their families moving within the Community. As far as can be judged, this ought to
apply also to the payment of maternity, paternity and parental benefits. Under current Finnish health
insurance legislation, an insured person is entitled to full maternity, paternity and parental benefits only is
he/she has been resident in Finland for at least 180 days immediately preceding the estimated date of
confinement.

How does the Commission plan to ensure that maternity benefit is paid in full to mothers who, prior to
their confinement, have worked in a country other than their home country? How does it intend to
guarantee free movement for workers without jeopardising their entitlement to social benefits?

(1) OJ L 149, 5.7.1971, p. 2.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(21 January 2002)

The Commission wishes to confirm that Council Regulation (EEC) No 1408/71 of 14 June 1971 on the
application of social security schemes to employed persons and their families moving within the
Community (1), which coordinates the different national social security systems and aims to offer effective
protection to persons moving within the Union, coordinates maternity benefits, paternity benefits and
parental benefits awarded under the Member States’ statutory social security systems.

This Community instrument specifies that the law of the state of employment is the applicable law. Hence,
a worker has a right to maternity benefits in kind provided for in the social security legislation of her state
of employment, even if she resides on the territory of another Member State. As to paternity and parental
benefits, the Court of Justice has already pronounced on the German education allowance and the Swedish
parental benefits, which it has defined as ‘family benefits’ within the meaning of the abovementioned
Regulation (EEC) No 1408/71 (2).

The Commission recalls that Regulation (EEC) No 1408/71 organises a system which guarantees the
payment of benefits to migrant workers and their dependents residing on the territories of the Member
States, as provided for by Article 42 (ex Article 51) of the EC Treaty itself. For example, Regulation (EEC)
No 1408/71 provides for the exportation of social security benefits such as invalidity, old age or survivors’
benefits in kind, or pensions for accidents at work or occupational diseases.

(1) OJ L 149, 5.7.1971, as amended by Council Regulation (EC) No 118/97 of 2 December 1996, OJ L 28,

(2)

30.10.1997.
Judgment of 10 October 1996, Hoever and Zachow, C-245/94 and C-312/94, ECR 1996, I-4895. Judgment of
11 June 1998, Kuusijärvi, C-275/96, ECR 1998, I-3419.

(2002/C 134 E/234)

WRITTEN QUESTION E-3354/01

by Paulo Casaca (PSE) to the Commission

(5 December 2001)

Subject: Are traditional Portuguese sausages banned under European rules?

The production of handmade sausages is an invaluable part of Portugal’s historical heritage and the
possibility that it might be prohibited by Community legislation is accordingly causing serious disquiet.