WRITTEN QUESTION No. 2875/97 by Kenneth COATES to the Commission. Freedom of movement
16. 4. 98 EN Official Journal of the European Communities C 117/89 (98/C 117/111) WRITTEN QUESTION E-2875/97 by Kenneth Coates (GUE/NGL) to the Commission (11 September 1997) Subject: Freedom of movement Mr Alan Howarth CBE MP, speaking for the British Government, says that, á. in general, legislation does not allow Jobseekerís Allowance (JSA) to be paid for periods when jobseekerís are absent from Great Britain. This is because JSA is payable to people who meet certain labour and market conditions. Absence abroad prevents people from being able to meet theseí. Do these provisions of the Jobseekerís Allowance contravene the Treaty on European Union, Article 8a(1), which states that Every citizen shall have the right to move and reside freely within the territory of the Member States. í? Joint answer to Written Questions E-2873/97 and E-2875/97 given by Mr Flynn on behalf of the Commission (2 October 1997) The social security systems of the Member States are coordinated by Council Regulations (EEC) No 1408/71 and 574/72 (1). These Regulations foresee the right to export certain social security benefits to people residing in another Member State. It must be noted, however, that under Article 69 of Regulation (EEC) No 1408/71 the right to export unemployment benefits is limited to a period of three months and only if the aim is to look for a new job in another Member State. This system has been upheld by the Court of justice on the grounds that entitlement to unemployment benefits is linked to availability for work and that the beneficiary should be available for work in the competent Member State. In attaching conditions to the facilities granted to the unemployed who are actively seeking work, the Community legislature has made correct use of its discretionary powers in respect of the implementation of freedom of movement of workers (2). However, the Commission is of the opinion that the period of three months should be extended, taking into consideration that as a result of the situation of the employment market, a much longer time is needed to find a job. Therefore, it already proposed in 1980 to extend this period (3). This proposal has been re-tabled under an amended version in January 1996 (4). Judgment of 8. 4. 1992, Case C-62/91, Gray, ECJ law reports, 1992, I-2737. (1) Updated by Regulation (EEC) No 118/97 (OJ L 28, 30. 1. 1997) lastly amended by Regulation (EEC) No 1290/97 (OJ L 176, 1. 7. 1997). (2) (3) OJ C 189, 9. 7. 1980 (4) OJ C 68, 6. 3. 1996 (98/C 117/112) WRITTEN QUESTION P-2878/97 by Wayne David (PSE) to the Commission (1 September 1997) Subject: German coal subsidies The continued practice of allowing state aid to be paid to certain sections of the German coal industry is resulting in below-cost pricing and the subsidizing of less efficient producers of anthracite; it is also against the specific conditions of aid approval and the fundamental principles of the ECSC and the EC. The result is that anthracite producers in the UK, for example, are facing unfair competition. Can the Commission inform the Parliament what action it is planning to take on this matter?