WRITTEN QUESTION E-1925/03 by Peter Skinner (PSE) to the Commission. Winter fuel allowance.
Date: 2003-06-12
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, EU national, United Kingdom, heating, retired person, social legislation, social-security benefit

15.1.2004

EN

Official Journal of the European Union

C 11 E/237

Answer given by Mrs Diamantopoulou on behalf of the Commission

(17 July 2003)

The Commission has not been fully informed on the way in which the Greek government intends to deal
with the restructuring of Olympic Airways. The Commission has reminded the Greek authorities of their
obligation to notify prior to its implementation any envisaged restructuring measure concerning Olympic
Airways, in order to allow the Commission to assess it pursuant to the relevant Community rules.

The Commission, however, would like to remind that the Union has developed throughout the years a
comprehensive policy for dealing adequately with the social consequences of corporate restructuring. As a
result of that on-going policy, every restructuring operation must be preceded by effective information and
consultation of employees’ representatives with the aim of avoiding or attenuating its social impact, in
‘Transfers of Undertakings’ (2),
accordance with Community Directives on ‘Collective Redundancies’ (1),
‘European Works Councils’ (3) and ‘Information and Consultation’ (4).

In particular, Directive 98/59/EC concerning collective redundancies provides for information and
consultation with the workers’ representatives in cases where the employer is contemplating such
redundancies. These consultations should be carried out in good time with a view to reaching agreement
and cover, at least, ways and means of avoiding collective redundancies or reducing the number of workers
affected as well as of mitigating the consequences by recourse to accompanying social measures. These
measures aim, inter alia, at aid for redeploying or retraining workers made redundant.

More generally, the Commission advocates the idea that, when restructuring, enterprises should always
take into account the effects that those decisions could have on their employees as well as on the social
and regional context. This has recently been underlined in the Commission Communication concerning
Corporate Social Responsibility (CSR) A business contribution to Sustainable Development (5).

Furthermore, the Commission invited the European social partners to engage in a dialogue on anticipating
and managing change with a view to apply a dynamic approach to the social aspects of corporate
restructuring. The social partners agreed to incorporate this issue in their pluriannual work program 2003-
2004. The Commission very much hopes that their joint work in this field results in a Community
framework which may help companies and their workers to address adequately the social dimension of
corporate restructuring.

(1) Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to
collective redundancies, OJ L 225, 12.8.1998. (This Directive consolidates Directives 75/129/EEC and 92/56/EEC).
(2) Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating
transfers of undertakings, businesses or parts of

to the safeguarding of employees’ rights in the event of
undertakings or businesses, OJ L 82, 22.3.2001.

(3) Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a
procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of
informing and consulting employees, OJ L 254, 30.9.1994.

(4) Directive 2002/14/EC of the Parliament and of the Council of 11 March 2002 establishing a general framework for

informing and consulting employees in the European Community, OJ L 80, 23.3.2002.

(5) COM(2002) 347 final.

(2004/C 11 E/266)

WRITTEN QUESTION E-1925/03

by Peter Skinner (PSE) to the Commission

(12 June 2003)

Subject: Winter fuel allowance

A previous constituent of mine, who now lives in the Netherlands, has asked me why, although she
receives a UK state pension, she is not allowed to receive the winter fuel allowance paid to all pensioners
who reside in the UK.

C 11 E/238

Official Journal of the European Union

EN

15.1.2004

I should be grateful if you would confirm that the winter fuel allowance should be payable to all UK
nationals who receive a UK pension although residing in another EU Member State.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(2 July 2003)

Following lengthy discussion between the British authorities and the Commission, the United Kingdom has
agreed to pay winter fuel payments to people living in other Member States as long as they were in receipt
of such a payment before they left the United Kingdom.

It is important to recall that the Community legislation on social security, Regulation (EEC) No 1408/71 (1),
only covers the ‘co-ordination’ of social security schemes for people who move around the Union. In no
way does it replace the national social security schemes, and it is entirely a matter for the Member States
to organise and finance their social security schemes as they see fit. Regulation (EEC) No 1408/71 aims to
protect the social security rights of those who move, but in itself it does not give rights to benefits under
the national social security schemes. Entitlement to benefits is a matter for national law. In doing so the
Member States must of course abide by the basic principles of Community law, such as non-discrimination
on grounds of nationality, but there is no suggestion in this case that any such discrimination exists.

Now that the United Kingdom accepts that winter fuel payments do come within the scope of Regulation
(EEC) No 1408/71, for those who are entitled to it under British law, and who themselves come within the
personal scope of the Regulation, the payment will be ‘exportable’ to another Member State. However, for
those who were not entitled to it under national law, Regulation (EEC) No 1408/71 cannot be used to
retroactively create an entitlement in respect of people who left the United Kingdom before the scheme
was set up in 1998.

The Commission’s understanding of winter fuel payments is that it is a non-contributory benefit, so the
number of years of National Insurance contributions is irrelevant. It is also not linked to tax, nor is it
means-tested. While it may seem like an addition to the state old age pension, legally this is not the case,
and entitlement to an old age pension is not a condition of entitlement, as is clear from the fact that men
aged 60 or above can claim before they are entitled to a retirement pension. To be entitled a person must
be aged over 60 and must have been resident in the United Kingdom on certain date (the ‘qualifying
week’).

United Kingdom nationals who satisfy the conditions under national law will be entitled to have a winter
fuel payment paid to them in whichever Member State they reside. However, for the reasons set out above,
not all pensioners will be so entitled, but this difference in treatment is not contrary to Community law.

(1) Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to

employed persons and their families moving within the Community, OJ L 149, 5.7.1971.

(2004/C 11 E/267)

WRITTEN QUESTION E-1942/03

by Kyösti Virrankoski (ELDR) to the Commission

(13 June 2003)

Subject: Opportunities for unemployed job-seekers in Finland to apply for jobs abroad

Under Finnish law and administrative practice, people are not entitled to unemployment benefit if they are
not available for employment because they are travelling abroad or for any comparable reason. If a person
wishes to retain his status as a job-seeker and his entitlement to social security benefits, he must inform
the employment exchange of his intention to travel in advance, and must not travel abroad for longer than
one week.