WRITTEN QUESTION No. 2157/98 by Alexandros ALAVANOS to the Commission. Long delays affecting the payment of pension entitlements
5. 2. 1999 EN Official Journal of the European Communities C 31/127 Since communications from several Member States were late in arriving or incomplete, the Commission has not yet been able to prepare the report on the transposition of Directive 94/33/EC. Several infringement proceedings for ánon-communicationí have been brought against the Member States concerned. If, after having received all the necessary particulars, the Commission considers that a Member State has not correctly transposed the Directive, it may commence the procedure provided for in Article 169 of the EC Treaty. Generally the Member States have already outlawed child labour, and hence they are obliged to police compliance with this ban and to impose effective sanctions in the event of infringements. Pursuant to Article 17 (4), Member States must report to the Commission every five years on the practical implementation of the provisions of the Directive. (1) OJ L 216, 20. 8. 1994. (1999/C 31/176) WRITTEN QUESTION E-2157/98 by Alexandros Alavanos (GUE/NGL) to the Commission Subject: Long delays affecting the payment of pension entitlements (13 July 1998) According to press reports, long delays are occurring in the payment of pension entitlements by certain funds in Greece, one example being a delay of six years in the payment of pension entitlements by the Metallurgical Industries Fund from the date of application. However, Article 24 of the Community Charter of Fundamental Rights of Workers categorically states that every worker in the European Union in retirement must be able to enjoy resources affording him or her a decent standard of living, while Article 5(3) states that wages and salaries may be withheld, seized or transferred only in accordance with national law. What steps will the Commission take to remedy matters? What legal channels are open to members of pension schemes within the European Union to ensure that they can secure their entitlements immediately on retirement? Does the Commission find it acceptable that, in view of the high rate of inflation in Greece, no interest should be paid on the pension arrears accumulated over six years? Answer given by Mr Flynn on behalf of the Commission (11 September 1998) The organisation, functioning, awarding and payment of pensions fall within the sphere of responsibility of the Member States. The only binding Community provisions which may have a bearing on pension schemes are the Regulations on social security for migrant workers (1) and the Directives on equal treatment for men and women (2). Given that these provisions have no bearing on the case referred to, the delay in pension payments should be looked into from the viewpoint of national law. Here the Commission is unable to intervene in what is an internal matter. It should also be noted that the Community Charter of the Fundamental Social Rights of Workers referred to by the Honourable Member does not lay down legally binding requirements. (1) Regulations (EEC) 1408/71 and 574/72. The updated versions of these Regulations were published in OJ L 28, 30. 1. 1997. (2) Directives 79/7/EEC (OJ L 6, 10. 1. 1979. ), 86/378/EEC (OJ L 225, 12. 8. 1986. ) and 96/97/EC (OJ L 46, 17. 2. 1997. )