91998E4093

WRITTEN QUESTION E-4093/98

by Ole Krarup (I-EDN) to the Commission

(14 January 1999)

Subject: The Danish pre-retirement system and residence requirements

Does the Commission consider that the revised Danish pre-retirement system is compatible with the principles of EU legislation, and in particular with Article 48 of the EC Treaty, Article 7(2) of Regulation 1612/68(1) and the principles laid down in Regulation 1408/71(2) on the preservation of rights after crossing borders within the Community?

Under the new as well as the old pre-retirement rules, pre-retirement is payable only to persons resident in Denmark. It cannot be exported to another Member State. Under both the new and the old rules on the acquisition of pre-retirement rights, nationals of other countries cannot take their rights with them to Denmark. The rules prevent other EU nationals moving to Denmark after they are 35 from acquiring Danish pre-retirement rights. Danes who have settled in other EU Member States and returned after the age of 35 will, on the other hand, be allowed to purchase such rights provided they have worked for at least one year in Denmark. Under the new rules, rights are acquired by paying a contribution to the Danish unemployment insurance scheme between the ages of 35 and 60. The old rules normally require membership of the scheme for 20 years preceding the age of 60.

Answer given by Mr Flynn on behalf of the Commission

(2 March 1999)

The Commission would refer the Honourable Member to the reply it gave to Oral Question H-1235/98 by Mr Bonde during question time at Parliament's January I 1999 part-session(3).

(1) OJ L 257, 19.10.1968, p. 2.

(2) OJ L 149, 5.7.1971, p. 2.

(3) Debates of the Parliament (January I 1999).