WRITTEN QUESTION E-1846/02 by Guido Bodrato (PPE-DE) to the Commission. Transfer of EU officials' pension rights — 2 March 1978 agreement between the Commission and the INPS.
Date: 2002-06-28
Institutions: European Parliament, Provisional data
Subjects: European official, Italy, cumulative pension entitlement, regulations for civil servants, transfer of pension rights

C 52 E/108

Official Journal of the European Union

EN

6.3.2003

What information does the Commission have about the conditions in which Mr Hammami is being held?
What practical steps has the Commission taken or does it intend to take to induce the Tunisian authorities
to respect the fundamental rights of Mr Hammami, his family and all the prisoners of conscience held in
Tunisia?

Finally, does the Commission not consider that in view of the numerous serious violations of fundamental
rights committed by the regime of the dictator Ben Ali, it should reaffirm the importance it attaches to
respect for the democratic principles contained in Article 2 of the Association Agreement with Tunisia, by
unequivocally condemning the Tunisian dictatorship?

Joint answer
to Written Questions E-1845/02 and P-2065/02
given by Mr Patten on behalf of the Commission

(26 July 2002)

The Commission is well informed by several sources about the current case of human rights violations in
Tunisia, in particular the cases of Zouhair Yahyaoui and Radhia Nashraoui. In July 2002 the Commission
raised in very clear terms, the problem of respect of fundamental human rights with several Tunisian
Ministers and senior officials, of which the Tunisian Secretary of State to the Minister of Foreign Affairs,
Mr. Youssef Mokaddem.

However the Commission also intends to explore further means of actions together with the Member
States.

In addition to its more traditional diplomatic contacts the Commission holds the complementary
instrument of financial co-operation with Tunisian authorities, increasingly oriented towards promoting
human rights, democracy and the rule of law. Of particular relevance to this case, and of considerable long
term impact, is a programme, currently in preparation, aiming at modernising the Tunisians judiciary.

In parallel Tunisia is one of 29 target countries within the European Initiative of Democracy and Human
rights for the period 2002-2004. One of two main priorities defined for Tunisia is independence of the
judiciary and access to justice (a call for proposals open to independent non-governmental organisations
(NGOs) will be launched in September 2002).

Finally, the upcoming Association Committee (24 September 2002, in Tunis) will give the Commission the
opportunity to continue its permanent political dialogue, comprising human rights and democracy, with
the Tunisian government.

(2003/C 52 E/122)

WRITTEN QUESTION E-1846/02

by Guido Bodrato (PPE-DE) to the Commission

(28 June 2002)

Subject: Transfer of EU officials’ pension rights (cid:1) 2 March 1978 agreement between the Commission and

the INPS

On 2 March 1978 the Commission and the Italian state social-security body (INPS) concluded an
agreement on the arrangements for the transfer to the Community pension scheme of the contributions
paid into the Italian national insurance scheme by those newly recruited to the Commission. Under the
agreement the individuals concerned had a period of six months from their date of establishment within
which to submit an application for a transfer of such contributions.

Not all the officials concerned have taken advantage of this opportunity by submitting an appropriate
application within the specified time limit, with the result that they are now unable to claim their pension
rights for the periods during which they paid contributions prior to entering the service of the Community
institutions.

6.3.2003

EN

Official Journal of the European Union

C 52 E/109

Will the Commission say:

(cid:1) whether, and under what terms and conditions, the time limits for the submission of applications for
the transfer of pension rights are to be re-opened for the benefit of those who failed in the past to
take the necessary action in order to regularise their situation;

(cid:1) whether or not the 2 March 1978 Commission-INPS agreement also covers other Italian social-
security bodies which administer other forms of compulsory insurance (ENPALS, INPGI, INPDAI,
INPDAP); if it does not, do other, specific agreements exist for those bodies?

Answer given by Mr Kinnock on behalf of the Commission

(31 July 2002)

The relevant legislation is under Article 11(2) of Annex VIII to the Staff Regulations of officials of the
European Communities (Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968, which
lays down the Staff Regulations of officials and the conditions of employment of other servants of the
Communities and instituting special measures temporarily applicable to officials of the Commission (1).
This law makes the provision that, upon establishment, an official may request the transfer to the
Community pension scheme of pension rights acquired before entry into service with a European
institution.

Since the Staff Regulations are in the form of a Council Regulation, they are directly applicable in all
Member States. It is therefore by not essential to conclude an agreement to confirm the obligations of the
Member States in this matter. In practice, however, contacts between the Commission and the departments
and bodies concerned in the Member States are necessary in order to co-ordinate all the administrative and
procedural aspects. The Agreement of 2 March 1978 should be seen as part of that process.

Officials who do not submit a transfer request in the period laid down lose their entitlement to do so, and
any rights which they might have remain with their national scheme which will (cid:1) in certain cases (cid:1) pay
them a national pension provided they fulfil the conditions laid down by national legislation. There is no
provision in the law for opening new deadlines.

The Staff Regulations provide for the transfer of rights from all Italian pension funds, for example, ENPALS
and INPGI. For reasons peculiar to the Italian system, in the case of certain funds, such as INPDAI and
INPDAP, the transfer is made via the Istituto Nazionale della Previdenza Sociale. There are similar
mechanisms in a number of Member States and it is up to the national authorities to judge whether this is
sensible and justified.

(1) OJ L 56, 4.3.1968.

(2003/C 52 E/123)

WRITTEN QUESTION E-1855/02

by Jan Mulder (ELDR) to the Council

(28 June 2002)

Subject: Amendment of OIE rules on the use of marker vaccines

A proposal to shorten the period after which a region where animals have been vaccinated against foot-
and-mouth disease can regain its FMD-free status was approved at the annual General Session of the OIE
in Paris in May 2002. (The waiting period was shortened from 12 to 6 months). This is conditional upon
serological tests being carried out which show that the disease has been eradicated and that the vaccinated
animals do not have the disease. The latter can be demonstrated if emergency vaccinations are carried out
with marker vaccines for which corresponding test methods exist.

1.
Have EU Member States also called for the period to be shortened to three months, the length of
time after which a region can regain FMD-free status following the sanitary slaughter of animals (stamping-
out)? If not, why not?