WRITTEN QUESTION No. 543/98 by Gianfranco DELL'ALBA to the Commission. European financing for the archaeological park of Populonia (Livorno)
9. 10. 98 EN Official Journal of the European Communities C 310/81 (98/C 310/107) WRITTEN QUESTION E-0542/98 by James Nicholson (I-EDN) to the Commission (4 March 1998) Subject: State earnings related pension scheme The United Kingdom government has recently changed the law with regard to the State Earnings Related Pension Scheme (SERPS) so that any woman widowed on or after 6 April 2000 will only received half of her husbandís SERPS. Does the Commission believe that this change in the law contravenes Article 119 of the Treaty (equal opportunities and equal treatment of men and women in matters of employment)? Answer given by Mr Flynn on behalf of the Commission (3 April 1998) As regards the problem raised by the Honourable Member, the Commission wishes to point out that in the field of social protection Member States are free to adopt their own policies as regards the organisation and operation of social security schemes, provided they comply with Community law governing equal treatment of men and women (Article 119 of the EC Treaty, Directives 79/7/EEC (1) and 86/378/EEC (2) as amended by Directive 96/97/EC (3)) and the social security of migrant workers (Article 51 of the EC Treaty and Regulations (EEC) Nos 1408/71 and 574/72, as amended by Regulation (EC) No 118/97 (4)). Hence Member States may, as in this particular case, adopt rules laying down the level of the different benefits, provided the above-mentioned Community legislation is respected. The new rules in the United Kingdom governing the award of survivorsí benefits which will take effect on 6 April 2000 do not infringe existing Community law and, more specifically, they do not fall foul of Directive 79/7/EEC (equal treatment for men and women in matters of statutory and legal social security schemes) › particularly since this Directive excludes survivorsí benefits from its scope. Article 119 of the EC Treaty does not apply to statutory schemes. It concerns only equal pay for male and female workers and covers only occupational social security schemes. (1) OJ L 6, 10. 1. 1979. (2) OJ L 225, 12. 8. 1986. (3) OJ L 46, 27. 2. 1997. (4) OJ L 28, 30. 1. 1997. (98/C 310/108) WRITTEN QUESTION E-0543/98 by Gianfranco DellíAlba (ARE) to the Commission (4 March 1998) Subject: European financing for the archaeological park of Populonia (Livorno) In the Etruscan necropolis of Populonia on the bay of Baratti (Livorno) an archaeological park and nature reserve is being created by the company Val di Cornia, financed by the European Regional Fund. The plans for the park are causing grave concern as regards respect for and preservation of both the environmental characteristics of the archaeological site, which is almost intact, and the archaeological remains themselves, in that: a) a conspicuous structure which raises up, enlarges and encases in concrete the ruins of a modest farmhouse, is clearly incompatible with the adjoining archaeological remains; b) the project provides for the construction of a car park for at least 2000 cars, also in the archaeological area