WRITTEN QUESTION E-2228/03 by Jules Maaten (ELDR) to the Commission. Problems with transfrontier working.
Date: 2003-07-02
Institutions: European Parliament, Provisional data
Subjects: Netherlands, free movement of workers, frontier worker, pension scheme, social-security harmonisation, supplementary pension, transfer of pension rights

6.2.2004

EN

Official Journal of the European Union

C 33 E/237

Is the Commission aware that the Intrasoft and Ogilvy undertakings, with which the Commission has
already worked, recently sought to recruit an applicant of English mother tongue exclusively? Did the
Commission oppose that action? If so, how? If not, why not?

Does the Commission intend to continue to work with organisations that discriminate against non-native
English speakers?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(26 August 2003)

The Commission explained its position concerning the problem in general in numerous replies to written
questions. The Honourable Members are therefore referred to the replies of the Commission given to
Written Questions: No E-4100/00 by Mr Staes (1), E-0779/01 by Mr Staes (2), E-1356/01 by Mr Gemelli (3),
E-1681/01 by Mr Staes (4), E-1682/01 by Mr Staes (4), E-2331/01 by Mr Ferrer (4), E-2900/01 by
Mr Staes (5), E-2901/01 by Mr Staes (5), E-2944/01 by Mr Staes (5), E-3189/01 by Mr Rothley (5), E-3572/
01 by Mr Staes (6), E-0941/02 by Mr Staes (7), E-2764/02 by Mr Staes (8), E-1733/03 by Mr Leinen (9) and
E-2018/03 by Mr Staes (10).

All Commission services have been made aware of possible discriminatory job advertisements and asked to
take the necessary steps as regards their contractors. The Commission tries to avoid co-operation with
organisations which publish job advertisements with a ‘native speaker’ criterion. The Commission was not
aware of the cases referred to by the Honourable Members. Contact is being taken with the undertakings
involved in this respect.

The Commission would also like to reiterate its intention to use its legal powers to fight against the use of
a ‘native speaker’ criterion in job advertisements.

(1) OJ C 174 E, 19.6.2001.
(2) OJ C 235 E, 21.8.2001.
(3) OJ C 350 E, 11.12.2001.
(4) OJ C 93 E, 18.4.2002.
(5) OJ C 134 E, 6.6.2002.
(6) OJ C 160 E, 4.7.2002.
(7) OJ C 229 E, 26.9.2002.
(8) OJ C 92 E, 17.4.2002.
(9) OJ C 11 E, 15.1.2004, p. 221.
(10) See page 201.

(2004/C 33 E/243)

WRITTEN QUESTION E-2228/03

by Jules Maaten (ELDR) to the Commission

(2 July 2003)

Subject: Problems with transfrontier working

Is the European Commission aware of the problems that continue to exist with transfrontier working

1.
despite virtual completion of the internal market?

2.
Is the European Commission aware that Netherlands legislation only allows pension rights built up
abroad to be transferred to a Netherlands insurance company if the country of origin of the pension
applies the same rules as the Netherlands?

3.
Is the Commission also aware that in general the Member States have very different rules on
pensions and that in practice it is therefore virtually impossible for workers to take their pension rights
with them to another Member State?

Does the Commission share my view that practices of this kind are a serious obstacle to the mobility

4.
of labour in Europe?

5.

Does the Commission intend to do anything to tackle these problems?

C 33 E/238

Official Journal of the European Union

EN

6.2.2004

Answer given by Mrs Diamantopoulou on behalf of the Commission

(12 August 2003)

The Honourable Member asks about problems connected with Dutch rules on pensions for frontier
workers.

It is not clear to the Commission whether the pensions to which the Honourable Member refers are those
provided by the social security system or are supplementary/private pensions.

In the field of social security pensions, Regulation (EC) No 1408/71 (1) sets out a system of co-ordination
of social security systems for people who move between the Member States, so that they will not be
disadvantaged because they have exercised their right to free movement. The social security contributions a
person has paid in one Member State are not transferred to his or her social security contributions in
another Member State. Rather, the Regulation provides that a person will receive an old age pension from
each of the Member States where he or she has been insured for more than 12 months.

The Commission considers that the Community rules on the co-ordination of social security systems
adequately protect people who move between the Member States. However, to improve this protection
further, the Commission proposed a modernisation and simplification of Regulation (EEC) No 1408/71 in
1998, and it is hoped that this proposal will be adopted by the end of 2003.

Turning to supplementary pensions, the Commission is very much aware of the problems the present lack
of ‘portability’ can create in the field of free movement of workers, a fundamental right under the Treaty.
In this respect it should be recalled, that Council Directive 98/49/EC of 29 June 1998 safeguards the
supplementary pension rights of employed and self-employed persons moving within the Community (2)
only in certain circumstances and under certain conditions. The Commission is currently consulting the
social partners on whether it would be appropriate to follow up this Directive with a second instrument
aimed at the portability of supplementary pensions. Before considering what further action is appropriate
and necessary, the Commission will await the outcome of this consultation.

In addition, contributors to supplementary or private pensions may encounter tax obstacles where their
pension schemes are administered by an organisation in a Member State other than that in which they
reside. The Commission issued a communication on these problems in 2001 (3). It is currently examining
the compatibility with Community law of rules applied by a number of Member States.

(1) Last consolidated version: Council Regulation (EC) No 118/97 of 2 December 1996 amending and updating
Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed
persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying
down the procedure for implementing Regulation (EEC) No 1408/71 (cid:1) OJ L 28, 30.1.1997.

(2) OJ L 209, 25.7.1998.
(3) COM(2001) 214 final of 19.4.2001.

(2004/C 33 E/244)

WRITTEN QUESTION E-2234/03

by Bartho Pronk (PPE-DE) to the Commission

(7 July 2003)

Subject: Application for an old-age pension made from Greece

Regulation (EEC) No 1408/71 (1) stipulates that applications for statutory pensions must be submitted to
the social
In other words, a person who has
accumulated old-age pension rights in the Netherlands, but who, when reaching the age of 65, is resident
in Greece, must submit his or her application for a Netherlands pension to the Greek social insurance

insurance agency of the Member State of residence.