WRITTEN QUESTION E-0496/99

by Bartho Pronk (PPE) to the Commission

(5 March 1999)

Subject: Posting of workers

In 1994 the European Commission had a study carried out on the application of the provisions of Regulation 1408/71(1) in the case of posting. The results of this study were presented at a conference in Crete. For the first time, actual figures were presented on the posting of workers and self-employed persons and an insight was gained into how the rules on posting were being applied in the Member States. One of the conclusions of the report was that a marked increase in the number of postings and consequently the free movement of workers and self-employed persons was to be observed.

The importance of posting has further increased from the political point of view. New directives have been adopted by the Council and the European Parliament in which posting plays an important role, such as Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and Directive 98/49/EC on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community.

1. Does the Commission agree that, in view of the growing importance of posting in Community policy in relation to the free movement of workers and self-employed persons, it is necessary to repeat the above research, paying particular attention to:

- statistical trends in respect of posting;

- the impact of recent case law and decisions by the Administrative Commission relating to posting (including Decision 162 and case law relating to the posting of self-employed persons) on the implementation of the rules on posting by the Member States?

2. If so, when does the Commission envisage being able to begin such research?

3. If not, what is the reason?

Answer given by Mr Flynn on behalf of the Commission

(21 April 1999)

The study on posting of workers to which the Honourable Member refers was discussed with the Member States in the Administrative commission on social security for migrant workers (CASSTM) notably within the framework of the preparatory work on Decision No 162 of 31 May 1996 concerning the interpretation of Articles 14(1) and 14b (1) of Council Regulation (EEC) 1408/71 on the legislation applicable to posted workers(2) of the CASSTM. The study was also useful in the preparation of Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community(3). This Directive applies in particular to "posted workers" within the meaning of Regulation no 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community(4).

In order to update the information, the Commission will ask the Member States to provide the latest data on the numbers of posted workers within the Community.

As far as the case law of the Court of justice is concerned, there are cases pending before the Court on the posting provisions of Regulation (EEC) 1408/71 and the Commission is waiting to see the outcome of these cases before launching any new evaluation of the jurisprudence in this area.

Under Directive 98/49/EC the Commission will submit before 25 July 2004 a report to the Parliament and Council dealing with the application of this Directive and proposing any amendments that may prove necessary.

(1) OJ L 149, 5.7.1971, p. 2.

(2) OJ L 241, 21.9.1996.

(3) OJ L 209, 25.7.1998.

(4) OJ C 6, 10.1.1998.