WRITTEN QUESTION E-3141/96 by Florus Wijsenbeek (ELDR) to the Commission (22 November 1996)

Subject: Use of non-EU citizens as drivers

Is the Commission aware that in many Member States of the EU there is currently a shortage of drivers in the road transport sector and that this shortage is often made good by recruiting workers from outside the EU?

Does the Commission not feel that it is absolutely essential to urge all Member States to observe a Community preference in respect of access to the profession of driver employed by licence-holders and to comply with its proposal for a directive (COM(93)0225 ((OJ C 187, 9.7.1993, p. 5. ))? Road transport undertakings established in a non-member country are undertakings pursuant to this directive.

The directive protects workers from Member States of the EU, without infringing the right of the Member States to take collective measures to protect the interests of professional groups.

Answer given by Mr Flynn on behalf of the Commission (21 January 1997)

The Commission wishes to point out, firstly, that the amended proposal for a Directive on the posting of workers, to which the Honourable Member refers, was adopted by the Council on 24 September 1996 ((Not yet published. )). This Directive covers the posting of workers who, within the meaning of the Directive, are carrying out work for a limited period in connection with the provision of services on the territory of a Member State other than the Member State on whose territory they normally work for their employer.

Consequently, the definition of posting under the Directive does not cover instances where, for example, workers are recruited to fill a job vacancy in a Member State and move there for that purpose. Furthermore, the concept of posting is not relevant to international road transport drivers either, who naturally operate in a transnational context, without it being necessary for employers to post them to a Member State or to transfer their operational base to another country.

Notwithstanding the provisions of the Directive and in so far as there is an international dimension to the employment contracts in question, all legal issues relating to such contracts are deemed to fall within private international law.

With regard to the Community preference mentioned by the Honourable Member, the Commission would refer to the provisions of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community ((OJ L 257, 19.10.1968. )) and to the Council resolution of 20 June 1994 on limitations on admission of third-country nationals to the territory of the Member States for employment purposes ((OJ C 274, 19.9.1996. )), adopted under the Treaty on European Union.

The Commission would point out that, with a view to providing genuine freedom of movement for Community workers, it has set up, in cooperation with the Member States, the EURES network, the main purpose of which is to make all the relevant information on job vacancies and living and working conditions in other Member States readily available to Community workers. The EURES network thus creates sufficient transparency of the employment market enabling the employment services to give priority to Community citizens.