92001E2334

WRITTEN QUESTION P-2334/01

by Antonios Trakatellis (PPE-DE) to the Council

(26 July 2001)

Subject: Staff Regulations of officials of the European Communities: violation of the principles of equality and freedom of establishment and infringement of pension provisions governing establishment

In view of the fact that Article 83(2) of the Staff Regulations of officials and the corresponding article of the rules applicable to other servants of the European Communities specify a contribution by all officials to the pension scheme amounting to 8,25 % of their basic salary , the weightings provided for in Article 64 not being taken into account; and bearing in mind also that, despite the fact that all officials are required to pay a uniform contribution, Article 82(1) of the Staff Regulations provides for variations in the amount of the pension awarded to be based solely on the future place of residence selected by officials retiring from the service after the award of the pension and the standard of living there,

will the Council say:

- What steps does it intend to take to put an end to the violation of the fundamental principle of equality under which every official should receive the same pension benefits for the same pension contributions and the violation of the principle of freedom of establishment in the territory of any Member State through the introduction of weightings?

- How will it tackle the violation of pension provisions by officials who chose a bogus place of residence in order to receive a higher pension, without, however, meeting the essential conditions for the implementation of the pension weightings?

- Does it intend to call for a proposal amending the Staff Regulations in order to abolish the unfair provisions concerning the weightings so that all officials receive the same pension since they pay the same contributions?

Reply

(29 November 2001)

The Council would remind the Honourable Member that in accordance with Article 283 of the Treaty establishing the European Community, the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of those Communities are laid down by the Council, acting by a qualified majority on a proposal from the Commission and after consulting the other institutions concerned. The emoluments and social security benefits of officials are set out under Title V of the Staff Regulations.

On 29 June 2001 the Permanent Representatives Committee adopted a report(1) on the Commission reform drawn up by the Working Party on the Staff Regulations. Inter alia, it emerges from this report that:

The Working Party welcomes the Commission's wish to review the application of economic parities to pensions, as well as its exploration of other savings to the scheme: changes in the invalidity scheme, survivor's pensions, pension rights bonus, system of weightings for pensions.

The Council will continue to study this issue in the framework of the major reform of human resources policy and in particular on the basis of official proposals to be submitted by the Commission.

(1) 9954/01 STAT 29 FIN 187 + ADD 1.