WRITTEN QUESTION No. 2710/97 by Ben FAYOT , Viviane REDING to the Commission. Cross-border information centres
3. 4. 98 EN Official Journal of the European Communities C 102/99 (98/C 102/143) WRITTEN QUESTION E-2709/97 by Viviane Reding (PPE) to the Commission (1 September 1997) Subject: Impediment to free movement caused by health insurance deductions Under the French rules on the health insurance deductions made by the Joint Regional Occupational Pension Fund (CRIREP), persons in receipt of a supplementary pension may not be exempted from social security deductions if they live outside France. Community regulations, however, stipulate that persons living outside France are exempt from the 3. 6% deduction when health insurance benefits are not chargeable to the French social security scheme. Several national Members of Parliament have already raised this problem with the French Ministry of Labour and Social Affairs, but the inconsistency has so far not been corrected. Does not the situation in question constitute an obstacle to free movement of workers and pensioners? What steps will the Commission take to resolve the matter? Answer given by Mr Flynn on behalf of the Commission (16 October 1997) The Commission is fully aware of the problem raised by the Honourable Member. It was for this reason that, pursuant to Article 169 of the EC Treaty, it brought an action against France on the grounds that, by deducting sickness insurance contributions from both the supplementary pensions and the early retirement benefits of persons residing in a Member State other than France and whose sickness and maternity insurance is not covered by a French scheme, France has failed in its obligations under the EC Treaty and, in particular, infringed the provisions of Articles 13(1) and 33 of Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed workers and their families moving within the Community (1). This action was dismissed by the Court of Justice on the grounds that supplementary schemes do not constitute legislation within the meaning of Regulation (EEC) No 1408/71; consequently, Article 33 of the Regulation, which prohibits double contributions, does not apply to them. This ruling shows that a category of workers is inadequately protected by the Community social protection rules concerning persons moving within the Community. The Commission will very soon be proposing appropriate provisions to remedy this situation. (1) OJ L 149, 5. 7. 1971. (98/C 102/144) WRITTEN QUESTION E-2710/97 by Ben Fayot (PSE) and Viviane Reding (PPE) to the Commission (1 September 1997) Subject: Cross-border information centres An audit report assessing the work of the cross-border information centres, including those dealing with consumer information, has been submitted to the Commission. Will the Commission respond to the call made by Parliament in its resolution of 20 February 1997 on priorities for consumer policy 1996-1998 (A4-0317/96) (1) and draw up a communication setting out its policy as regards expansion of the cross-border information centres, in particular those which demonstrate their professionalism and meet the genuine need for information, advice, and out-of-court settlements concerning international transactions? Furthermore, does the Commission intend to establish the current pilot project on a more permanent footing? (1) OJ C 85, 17. 3. 1997, p. 133