B3-0141 and 0142/94

Resolution on the dissolution of the Gibraltar Social Insurance Fund

The European Parliament,

-having regard to Article 117 of the EC Treaty, under which the Member States 'agree upon the need to promote improved working conditions and an improved standard of living for workers',

-having regard to Article 118 of the EC Treaty, which stipulates that 'the Commission shall have the task of promoting close cooperation between Member States in the social field', expressly citing 'labour law and working conditions' and 'social security' as some of the fields of cooperation,

-having regard to the decision by the United Kingdom and Gibraltar authorities to dissolve and liquidate as of 31 December 1993 the 'Gibraltar Social Insurance Fund', which guaranteed the social protection of employed persons in Gibraltar,

A.whereas this decision will seriously affect Community workers who have contributed to the abovementioned fund and whose pension entitlements had been recognized and were being paid by the social security office in Gibraltar,

B.whereas the Community citizens affected include approximately 7500 Spanish pensioners as well as 5000 Spanish workers who for periods of their working lives have contributed to the abovementioned fund and 2500 who are presently working in Gibraltar and who are also members of and contribute to the pension fund,

C.whereas the dissolution of the abovementioned fund could result in a loss of over 2000 million pesetas per annum for Spanish pensioners and whereas the majority of these workers live in one of the regions requiring the greatest assistance and protection from the Union,

D.whereas the removal of the protection afforded to the pensioners by the fund is cause for serious concern, since it is not offset by any distribution of the funds remaining on liquidation,

E.whereas Community regulations in this field, notably Council Regulations (EEC) Nos. 1408/71 and 574/72 on the application of social security schemes to employed persons and their families moving within the Community, as well as Articles 48, 51 and 227(4) of the EC Treaty,

1.Urges the Commission to take the necessary steps to obtain as much information as possible on this matter from the British authorities;

2.Reaffirms the right of Community workers to move freely throughout Community territory and consequently to enjoy the right to decent and adequate social protection through full implementation of the principles established by the EC Treaty within the framework of the Treaty on European Union and which should govern the coordination of the Member States' social protection and social security schemes;

3.Urges the Commission to implement the Treaties, in particular Articles 117 and 118 of the EC Treaty and Regulation (EEC) No. 1408/71;

4.Calls on the Commission to inform Parliament as to the actions taken and measures adopted, particularly if it proves necessary to apply Article 169 of the abovementioned Treaty;

5.Instructs its President to forward this resolution to the Commission, the Council and the governments of the Member States.