WRITTEN QUESTION E-1778/03 by Claude Moraes (PSE) to the Commission. Asylum seekers and refugees audit.
Date: 2003-05-28
Institutions: European Parliament, Provisional data
Subjects: aid to refugees, data collection, employment policy, integration into employment, job access, labour market, professional qualifications, right of asylum

C 70 E/62

Official Journal of the European Union

EN

20.3.2004

(2004/C 70 E/064)

WRITTEN QUESTION E-1755/03

by Caroline Jackson (PPE-DE) to the Commission

Subject: Taxation on European pension contributions

(27 May 2003)

A British national, a consultant orthopaedic surgeon, has taken out a private pension through the Medical
Council
therefore, not
contributing to a UK pension scheme.

in Germany which presently offers a guaranteed minimum pension. He is,

He now finds that he is expected to pay tax to the British authorities on his German pension
contributions.

Does this comply with EU law? What is the Commission’s view of the possibility of creating a flexible
pensions market within the EU if national authorities are allowed to act in this way?

Answer given by Mr Bolkestein on behalf of the Commission

(17 July 2003)

The conditions for tax deductibility of non-obligatory pension contributions are set by each Member State
under its respective tax and pensions policy. While such matters fall within the competence of the Member
States, they must nevertheless exercise that competence consistently with Community law. Thus the
conditions for tax deductibility may not place restrictions on the free movement of persons or the free
provision of services, in particular by discriminating on grounds of nationality.

The Commission has serious doubts about the compatibility with the EC Treaty of the United Kingdom
rules as far as they limit tax deductibility of contributions to domestic occupational pension schemes.
The Commission will take appropriate action following up its Communication on the elimination of tax
obstacles to the cross-border provision of occupational pensions (1). Infringement proceedings have already
been initiated in relation to other Member States (2). Moreover, the Commission has made contact with the
surgeon in question to assess the details of his case.

(1) OJ C 165, 8.6.2001.
(2) See press release IP/03/179.

(2004/C 70 E/065)

WRITTEN QUESTION E-1778/03

by Claude Moraes (PSE) to the Commission

(28 May 2003)

Subject: Asylum seekers and refugees ‘audit’

In my constituency of London, the devolved government (the Greater London Authority) has undertaken
an ‘audit’ of the skills of asylum seekers and refugees.

Has the Commission done any research or undertaken a similar ‘audit’ of the potential employability of
refugees and asylum seekers in EU countries? If not, why not?

Answer given by Mr Vitorino on behalf of the Commission

(7 July 2003)

The Union supports asylum seekers and refugees by reinforcing their human rights, setting out minimum
standards for the reception of applicants for asylum and for the status of third country nationals as
refugees, by creating more and better jobs through the European Employment Strategy and in particular by

20.3.2004

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Official Journal of the European Union

C 70 E/63

combating all forms of discrimination and inequalities in connection with the labour market. The European
Social Fund directly supports the employment strategy and support to asylum seekers and refugees is one
of the priority themes of the Community Initiative EQUAL (1). Further projects may be funded at national
level on the employability of refugees and asylum seekers under the reception and integration strands of
the European Refugee Fund (2).

EQUAL explores the possibilities for facilitating asylum seekers’ access to the labour market and/or for
maintaining and improving their individual skills and competencies. In the London area there is an EQUAL
development partnership managed by British Refugee Council (BRC), in partnership with the Basic Skills
Agency amongst others.

The objective of this development partnership is to develop:

(cid:1) Common objectives:

(cid:1) Skills audit: joint development and testing of methods for obtaining basic information regarding

asylum seekers’ education, skills and experience.

(cid:1) Documentation of opportunities and barriers for asylum seekers’ social and vocational integration

in the respective countries.

(cid:1) Complementary objectives:

(cid:1) Improved methods and contents of information, advice and guidance (IAG) for asylum seekers.

(cid:1) Development of materials and strategy for a public awareness campaign primarily aimed at

employers and trade unions, but also politicians and the general public.

(cid:1) Developing a medium for presenting the information obtained in the skills audit in a recognisable

way.

In order to benefit from experience gained elsewhere, there is a transnational cooperation agreement in
place with Dansk Røde Kors Asylafdeling (Denmark Local Integration) who have conducted skills audits for
the Danish labour market).

The Commission has also undertaken studies with a view to preparing legislative measures on asylum and
refugees in accordance with Article 63 of the EC Treaty and the Conclusions of the European Council at
Tampere (15/16 October 1999). In particular, in order to prepare the proposal for a Council Directive
laying down minimum standards for the reception of applicants for asylum in Member States (3), a study
was finalised in November 2000 on the legal framework and administrative practices in the Member States
regarding reception conditions
seeking
international protection. The study contains information on the employment strategy towards asylum
seekers in the Member States (4). Council Directive 2003/9/EC of 27 January 2003 laying down minimum
standards for the reception of asylum seekers (5) has subsequently been adopted on 27 January 2003 and
contains a provision on employment. Provisions on access to employment were also included in the
Commission’s proposal for a Council Directive on minimum standards for the qualification and status of
third country nationals and stateless persons as refugees or as persons who otherwise need international
protection (6), underlining the Commission’s interest for refugee skills and employability. The Council has
still to finalise negotiations.

for asylum seekers, displaced persons and other persons

(1) http://europa.eu.int/comm/employment_social/equal/index_en.html
(2) Council Decision 2000/596/EC of 28 September 2000 establishing a European Refugee Fund, OJ L 252, 6.10.2000.
(3) OJ C 213 E, 31.7.2001.
(4) Europa (cid:1) Justice and Home Affairs-Documentation centre (cid:1) Reception of asylum seekers in the EU
(http://europa.eu.int/comm/justice_home/doc_centre/asylum/seekers/doc_asylum_seekers_en.htm).

(5) OJ L 31, 6.2.2003.
(6) OJ C 51 E, 26.2.2002.