WRITTEN QUESTION E-2494/03 by Christopher Huhne (ELDR) to the Commission. Pensions.
Date: 2003-07-25
Institutions: European Parliament, Provisional data
Subjects: EU Member State, EU statistics, pension scheme, social-security contribution, supplementary pension

C 78 E/744

Official Journal of the European Union

EN

27.3.2004

There is no relationship, let alone a hierarchical relationship, between the provisions of Regulation (EC)
No 1408/71 and those of bilateral double taxation conventions. It follows that the dispute rules laid down
in these two types of instrument apply within their respective fields of application.

As far as employment income (dependent activities) is concerned, and particularly in the case of drivers,
the Commission notes that double taxation conventions between the Member States use criteria for
allocating tax jurisdiction (e.g. the employee’s place of residence, the employer’s place of residence or the
place where the activity is carried out) which do not always correspond to the allocation criteria laid down
in Regulation (EEC) No 1408/71. However, the Commission does not consider that this difference in the
allocation rules per se represents an infringement of Community law.

The Commission considers that paragraph 32 of the judgment of the European Court of Justice in
Gottardo (C-55/00) confirms its earlier judgment in Gilly (C-336/96). According to that judgment, in the
absence of European harmonisation in the area, the Member States are free to lay down criteria for
allocating tax jurisdiction in bilateral double taxation conventions. However, when doing so, they must
respect the fundamental principles of the EC Treaty.

(1) Latest consolidated version: Regulation (EC) No 118/97 of the Council of 2 December 1997 amending and
updating Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed
persons, to self-employed persons and to members of their families moving within the Community, OJ L 28,
30.1.1997.

(2004/C 78 E/0792)

WRITTEN QUESTION E-2494/03

by Christopher Huhne (ELDR) to the Commission

(25 July 2003)

Subject: Pensions

1. Will the Commission estimate the proportion of each Member State’s pension age population that is
in receipt of some pension based on a funded or private sector scheme?

2. Will the Commission estimate the proportion of each Member State’s working age population that is
currently contributing to a funded pension scheme whether private or public?

3. Will the Commission estimate how many privately funded pension schemes in each Member State
are currently declaring that they are unable to meet their existing obligations at current levels of the
financial markets?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(26 August 2003)

The joint report of the Council and the Commission on adequate and sustainable pensions adopted in
March 2003 (1) summarises in its table 3 (pages 31-32) information obtained from the Member States’
authorities on the importance of private pension provision, mainly through occupational pensions. The
table provides for most Member States information on the proportion of employees contributing to private
pension schemes and pensioners receiving benefits from such schemes.

Moreover, Eurostat has started collecting data on active, deferred and retired members (2) of autonomous
pension funds. The figures below reflect the situation in 2001:

Belgium

Denmark

Number of active members

269 835

11 404

Number of deferred
members

56 631

NA

Number of retired persons

67 609

10 337

27.3.2004

EN

Official Journal of the European Union

C 78 E/745

Number of active members

Number of deferred
members

Number of retired persons

Germany

Spain (2000) (1)

Ireland

Italy (1)

Luxembourg

Netherlands (2000)

Austria

Portugal (1)

Finland

Sweden

United Kingdom

NA

3 928 682

NA

1 811 022

NA

5 140 000

325 713

283 244

75 071

427 119

NA

NA

931 940

NA

NA

NA

NA

134 967

NA

118 050

NA

6 247 000

1 968 000

NA

NA

33 665

339 048

NA

39 658

112 813

45 541

133 620

NA

(1)

Figures for Spain, Portugal and Italy also contain data for some pension funds of the third pillar, these are personal pension schemes
where there is no involvement from the employer.

The Commission does not have information on the number of privately funded pension schemes in each
Member State which would currently be unable to meet their existing obligations at current levels of
financial markets. The recently adopted Directive 2003/41/EC of the Parliament and of the Council on the
activities and supervision of institutions for occupational retirement pensions, which will come into force
two years after its publication in the Official Journal of the European Union, contains a host of prudential
provisions to ensure that pension schemes will be able to meet their obligations to their members. It also
ensure that an effective system of prudential surpervision be established to the same end.

(1) Available on: http://europa.eu.int/comm/employment_social/soc-prot/pensions/index_en.htm
(2) Number of active members: the number of members who are actively contributing to the pension scheme.

Number of deferred members: number of members who have left the pension scheme, but retain deferred rights.
Number of retired members: number of persons who receive pension benefits (including widows, orphans, …).

(2004/C 78 E/0793)

WRITTEN QUESTION E-2553/03

by Marco Cappato (NI) to the Council

(4 August 2003)

Subject: The Tunisian journalist Abdallah Zouari

The court in the Tunisian town of Zarzis sentenced the journalist Abdallah Zouari to four months in
prison on 18 July 2003. The court held that the journalist’s complaint about being barred from using a
cybercafe amounted to ‘defamation’ against the manageress of the cafe.

Abdallah Zouari has been constantly harassed and spied on for months. After being forbidden to go online
at a cybercafe in Zarzis on 19 April, he said he would call his lawyer. The manageress then filed a
complaint against him for defamation. Sentence was passed on 18 July 2003.

Zouari’s conviction is only the latest example of the increasing lack of freedom of expression in Tunisia.