WRITTEN QUESTION E-2821/03 by Geoffrey Van Orden (PPE-DE) to the Commission. Electric powered bicycles.
Date: 2003-09-19
Institutions: European Parliament, Provisional data
Subjects: Community certification, electric machinery, harmonisation of standards, marketing standard, two-wheeled vehicle

6.3.2004

EN

Official Journal of the European Union

C 58 E/205

Answer given by Mrs Diamantopoulou on behalf of the Commission

(21 October 2003)

The Commission would like to inform the Honourable Member that
there are two regulations at
Community level, Regulations (EEC) No 1408/71 (1) and 574/72 (2), which coordinate the Member States’
various statutory social security systems and aim to provide social protection for those moving within the
European Union.

Claims for retirement pensions must, in principle, be submitted in the state of residence (Articles 36 to 38
of Regulation (EEC) No 574/72). The institution of the place of residence will investigate the claim, unless
the insured has not completed any insurance periods in the state of residence, in which case the institution
of the place of residence forwards the claim to the institution of the Member State to whose legislation the
claimant was last subject (Article 36, paragraphs 1 and 2, of Regulation (EEC) No 574/72). The institution
which is to investigate the pension claim (referred to as the investigating institution) will use form E-202
to inform the relevant institutions in the other Member States concerned of the claim for a retirement
pension (Article 41 of Regulation (EEC) No 574/72).

The Commission has published two guides to Community provisions on statutory social security schemes.
The first explains European citizens’ social security entitlements when they move within the European
Union. The second guide gives a general description of the statutory social security schemes in all Member
States and in Iceland, Norway and Liechtenstein, and also contains the addresses of these countries’ social
security institutions. Paper versions of these brochures are available from the Commission and electronic
versions are available on the Web (http://europa.eu.int/comm/employment_social/soc-prot/schemes/
index_en.htm).

In addition, on 11 December 2002 the Commission adopted a Communication (3) entitled ‘Free movement
of workers: achieving the full benefits and potential’, which describes in practical terms the problems
which migrant workers may encounter and how the Commission addresses these problems. This
Communication is also available in electronic format on the Web (http://europa.eu.int/comm/employ-
ment_social/news/2002/dec/com2002_694_en.html).

As the coordination system provided for in the above Regulations relates only to statutory pension
schemes, the Council adopted a directive (4) on 29 June 1998 which is intended to safeguard the rights of
members of supplementary pension schemes who move from one Member State to another. This Directive
obliges Member States to take the necessary measures to ensure that employers, trustees or others
responsible for the management of supplementary pension schemes provide adequate information to
scheme members, when they move to another Member State, as to their pension rights and the choices
which are available to them under the scheme (Article 7). The Commission will submit a report evaluating
the application of this Directive to the European Parliament, the Council and the Economic and Social
Committee in 2004 (Article 10(3)).

(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.

(2) Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation
(EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving
within the Community, OJ L 74, 27.3.1971.

(3) COM(2002) 694 final.
(4) Council Directive 98/49/EC on safeguarding the supplementary pension rights of employed and self-employed

persons moving within the Community, OJ L 209, 25.7.1998.

(2004/C 58 E/221)

WRITTEN QUESTION E-2821/03

by Geoffrey Van Orden (PPE-DE) to the Commission

(19 September 2003)

Subject: Electric powered bicycles

Does the Commission have any plans to initiate regulations on electric powered bicycles, specifically with
regard to whether such bicycles can continue to use twist grip controls to operate the power or whether
they must be pedalled at all times?

C 58 E/206

Official Journal of the European Union

EN

6.3.2004

Answer given by Mr Liikanen on behalf of the Commission

(21 October 2003)

Framework Directive 2002/24/EC (1) lays down the procedure for Community type-approval of two or
three-wheel motor vehicles which are intended to travel on the road. Exempted from the scope of this
directive are bicycles with pedal assistence which are equipped with an auxiliary electric motor having a
maximum continuous rated power of 0,25 kW of which the output is progressively reduced and finally cut
off as the bicycle reaches a speed of 25 km/h, or sooner if the cyclist stops pedalling. Electric vehicles with
a continuous rated power or a maximum speed above those limits fall within the scope of the directive
and would need to fulfill the requirements for moped or motorbikes, depending on their characteristics.

The Commission has for the moment no intention to modify the Framework Directive nor has any
Member State proposed an amendment to the directive concerning electric bicycles.

(1) Directive 2002/24/EC of the Parliament and of the Council of 18 March 2002 relating to the type-approval of two

or three-wheel motor vehicles and repealing Council Directive 92/61/EEC, OJ L 124, 9.5.2002.

(2004/C 58 E/222)

WRITTEN QUESTION E-2837/03

by Alexandros Alavanos (GUE/NGL) to the Commission

Subject: Creation of a new airline from Olympic Airways

(25 September 2003)

The Hellenic Parliament recently adopted a law regulating the form and operation of a new airline,
Olympic Airlines, derived from Olympic Airways.

Article 11 of the new law annuls the collective labour agreements and procedures for reaching agreement
concluded with the trade unions, following their termination by the Board of Olympic Airways and
Olympic Aviation, while paragraphs 4 and 5 of Article 9 of Law 1876/1990, which govern the period of
validity of collective labour agreements, have ceased to apply.

Given that these developments constitute a change in industrial relations to the detriment of the workforce
during the transfer to the new company, will the Commission say:

1. whether

the annulment of articles of Law 1876/1990 governing compliance with collective
agreements and procedures for reaching agreement (an article of the new law) is consistent with
Articles 3 and 4 of Directive 98/50/EC (1) relating to the safeguarding of employees’ rights in the event
of transfers of undertakings, and

2. whether, in the event of non-compliance with the articles of Directive 98/50/EC, the Commission will
intervene, and in what manner, to safeguard the rights of the workers who are being transferred to the
new company and the rights of those remaining with the old company?

(1) OJ L 201, 17.7.1998, p. 88.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(23 October 2003)

The Commission has asked the Member State concerned for information regarding the facts raised to by
the Honourable Member. It will inform him of its findings.