EN Official Journal of the European Union CE 78/269

(2004/C 78 E/0269)

WRITTEN QUESTION E-3351/03

by Christoph Konrad (PPE-DE) to the Commission

(13 November 2003)

Subject: Obstacles to the free movement of workers in the Grand Duchy of Luxembourg

1. The Grand Duchy of Luxembourg provides regular information, for example to German businesses, on the conditions which must be complied with while posting workers in Luxembourg. These conditions are set out in communications from the Luxembourg Labour Inspectorate, and include the appointment of an authorised representative, notification by registered mail of all forthcoming work in Luxembourg and the disclosure of detailed information on all posted workers. Does the Commission view this complicated list of conditions as an obstacle to the free movement of workers in the internal market? If so, what action has it taken against the Luxembourg Government? If not, why not?

2. Do the conditions of the Luxembourg Law of 20 December 2002 comply with Directive 96/71/EC (1) of the European Parliament and the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services?

3. Under current legislation, businesses which are based outside Luxembourg have to submit a great deal of information on their workers to the Luxembourg Labour Inspectorate within a short space of time. How does the Commission view the fact that these elaborate requirements place businesses from outside Luxembourg at a disadvantage in terms of competition policy?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(19 December 2003)

Community law does not stop a Member State imposing an obligation to provide certain information on the conditions for posted workers in the Member State of posting, in particular their working and employment conditions as provided for in Directive 96/71/EC, as long as this information is justified from a worker protection perspective or by other pressing reasons of general interest and to the extent that they guarantee the implementation of the objective pursued and do not go beyond what is required to achieve this objective. Certain measures of this kind may even prove necessary to comply with the obligations of Article 5 of this Directive.

The Commission is following the implementation of Directive 96/71/EC very closely and recently finished the final stage of a general evaluation of it. In July 2003, the Commission adopted a Communication (2) whose main objective was to identify persistent problems in the transposition and application of this Directive. In this context, it was found that improving the practical cooperation between the authorities responsible for supervising working and employment conditions could not only increase compliance with the provisions of the Directive but also render superfluous a certain number of national information and document-keeping obligations in the host Member State. A group of government experts was therefore created, at the Commission's initiative. This group is currently examining these questions in more detail.

At the same time, the Commission is very concerned about the transposition and implementation problems associated with Directive 96/71/EC in the Member States, including the Grand-Duchy of Luxembourg, of which it has been informed. It will be paying particular attention to the requirements mentioned by the Honourable Member and will be taking the necessary measures in its capacity as ‘Guardian of the Treaties’.

(1) OJ L 18, 21.1.1997, p. 1.

(2) COM(2003) 458 final.