WRITTEN QUESTION E-1343/03

by Bartho Pronk (PPE-DE) to the Commission

(9 April 2003)

Subject: Follow-up to question on the assessment of Directive 96/71/EC

On 11 March 2003 the Commission replied to my question P-0457/03(1). The answer given was incomplete, as I had asked about practical problems, whilst the Commission replied that there were no specific legal problems. The Commission also referred to a group of experts without stating that these were national officials.

The Commission:

1. Does it recognise that the answer was incomplete, as it did not go into practical problems experienced with Directive 96/71/EC(2), in particular in the building sector?

2. Why has it not taken stock of the situation among those affected outside the public sector?

3. Is it prepared to take account, in the assessment, of the experience of those affected, in particular in the building sector?

4. Is it conscious of the fact that the European Union is a union of citizens and of Member States, not just of Member States, and that, where citizens are directly confronted with the consequences of a directive, they should also be heard directly?

(1) OJ C 161 E, 10.7.2003, p. 219.

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

Answer given by Mrs Diamantopoulou on behalf of the Commission

(21 May 2003)

Under Article 8 of Directive 96/71/EC of the Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services(1), the Commission shall review the operation of the Directive with a view to proposing the necessary amendments to the Council.

The Report from the Commission services on the implementation of the Directive, published in February 2003, constituted the first step in the process of reviewing the operation of the Directive. As it was explained in the reply to the Honourable Member's Written Question P-0457/03(2), the Report summarises the main content of the legislation implementing the Directive in the Member States without assessing the possible practical problems related to the implementation of the Directive in the Member States. Furthermore, given the nature of the Report Report from the Commission services it does not draw conclusions on whether the Directive has been correctly implemented by the Member States.

The Report was subject to the normal consultation procedure, including inter-service consultation, consultation of the Community level social partners, consultation of the Member States and discussion of the results at the meeting of the ad-hoc expert group representing Member States' authorities.

The forthcoming publication of the Commission Communication on the implementation and application of the Directive constitutes the second step of the review process of the Directive. The Communication, which is addressed to the institutions of the Union and to the social partners, shall, inter alia, address the problems faced by the undertakings and/or workers in posting situations. I can assure the Honourable Member that the Commission shall welcome any reactions to the Communication from all stakeholders involved, including citizens of the Union.

Furthermore, any information concerning practical problems related to the implementation and application of the Directive will be given due attention. It is well known that complaints received from European citizens constitute essential information which enables the Commission to carry out properly its duties as the guardian of the Community law. It should be noted that up to now the Commission has received only one single complaint concerning the implementation and application of the Directive which has led to the initiation of infringement proceedings in accordance of Article 226 of the EC Treaty (pending case C-341/02).

(1) OJ L 18, 21.1.1997.

(2) OJ C 161 E, 10.7.2003, p. 219.