WRITTEN QUESTION E-0067/04 by Bill Newton Dunn (ELDR) to the Commission. Retirement benefits.
Date: 2004-01-20
Institutions: European Parliament, Provisional data
Subjects: EU law, financial solvency, labour law, labour relations, pension scheme, social security

C 78 E/926

Official Journal of the European Union

EN

27.3.2004

(2004/C 78 E/0979)

WRITTEN QUESTION E-0067/04

by Bill Newton Dunn (ELDR) to the Commission

(20 January 2004)

Subject: Retirement benefits

A constituent of mine has recently been made redundant from a Dutch-owned construction company,
based in the UK. The firm is now in the hands of administrators. My constituent has been advised that his
pension and those of his colleagues will not be paid in full, despite having paid into the pension fund for
many years. He has been told that an average sum of 17 % may be available but he has not been told to
what amount the figure of 17 % refers.

Can the Commission confirm whether there are any EU rules that would prevent employees from being
left in this awful position? If so, can the Commission clarify whether any action could be taken in this
case? If there is no relevant EU law, can the Commission state whether any such legislation will be drawn
up in the future?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(6 February 2004)

the interests of employees and of persons having already left

Article 8 of Council Directive 80/987/EEC of 20 October 1980 on the protection of employees in the
event of the insolvency of their employer (1) obliges Member States to ensure that the necessary measures
are taken to protect
the employer’s
undertaking or business at the date of the onset of the employer’s insolvency in respect of rights conferring
on them immediate or prospective entitlement to old-age benefits, including survivor’s benefits, under
supplementary company or inter-company pension schemes outside the national statutory social security
scheme. Article 3(4)(b) of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the
laws of the Member States relating to the safeguarding of employee’s rights in the event of transfers of
undertakings, businesses or parts of undertakings or businesses (2) contains a similar provision with regard
to situations involving the transfer of undertakings, businesses or parts of undertakings or businesses.

Due to several reports recently received and suggesting that the interests of employees and of persons
having already left the employer’s undertaking or business might not be sufficiently protected in specific
Member States, the Commission is currently complementing and updating the information it disposes of
about the arrangements for implementing Article 8 of Council Directive 80/987/EEC and Article 3(4) of
Council Directive 2001/23/EC in the Member States. Should this analysis establish the existence of clear
and serious transposition deficits,
take the necessary measures to ensure full
compliance with Community law.

the Commission will

(1) OJ L 283, 28.10.1980.
(2) OJ L 82, 22.3.2001.

(2004/C 78 E/0980)

WRITTEN QUESTION E-0069/04

by Ilda Figueiredo (GUE/NGL) to the Commission

(20 January 2004)

Subject: Support for cleaning lakes in the Cantanhede municipal district

Between Cantanhede and Figueira da Foz in Portugal, the Vela, Salgueira and Mata lakes, which, with their
respective drainage ditches, need to be cleaned and decontaminated and have their vegetation cut back and
their sludge and mud removed, which could then be dumped and spread as fertiliser in the neighbouring
woods.