WRITTEN QUESTION No. 1529/98 by Elly PLOOIJ-VAN GORSEL to the Commission. Problems encountered by Dutch building firms operating in Germany
Date: 1998-05-11
Institutions: European Parliament, PLOOIJ-VAN GORSEL
Subjects: EU law - national law, Germany, Netherlands, building industry, labour mobility, services company, transnational corporation

22.2.1999

EN

Official Journal of the European Communities

C 50/45

(1999/C 50/062)

WRITTEN QUESTION P-1526/98

by Alexandros Alavanos (GUE/NGL) to the Commission

Subject: EU customs aid agreement with Albania

(11 May 1998)

On 12 March Commissioner Mario Monti visited Albania and signed the EU(cid:146)s customs aid agreement with that
country. Under this agreement the European Union is allocating ECU 225 000 to the Guardia di Finanza (the
Italian customs and tax police) to use two of its patrol boats in collaboration with the Albanian authorities to
monitor commercial shipping and eliminate smuggling.

Is the Commission aware that the Greek island of Corfu is being targeted by the Albanian Mafia and that large
amounts of illegal drugs are crossing the Greek-Albanian border? Why has it not provided comparable funding
for Greek port, customs and police authorities?

Answer given by Mr Monti on behalf of the Commission

(2 July 1998)

In response to a request from the Albanian side to deal with major smuggling problems, the Commission has
made a short term commitment partially financing the provision of Italian tax and customs police officials
(Guardia di Finanza) to assist their Albanian counterparts based on an agreement between Albania and Italy on
deployment and naval assistance in the customs sector. This action falls within the framework of the support of
the Community to Albania and is covered by the memorandum of understanding on customs assistance to
Albania signed between the Commission and Albania.

The Commission is aware of broader smuggling problems in the Albanian region but has not examined the
question of providing similar assistance to the Greek authorities in the absence of a specific request from the
Greek side. However the Commission has financed actions and worked closely with the Greek administration in
connection with the pre-arrival intelligence system for transmitting information to assist in combating fraud in
commercial traffic arriving in Albania.

(1999/C 50/063)

WRITTEN QUESTION P-1529/98

by Elly Plooij-van Gorsel (ELDR) to the Commission

(11 May 1998)

Subject: Problems encountered by Dutch building firms operating in Germany

Amongst other things, the German Law on the Posting of Workers (Arbeitnehmer-Entsendegesetz › AEg)
requires Dutch contractors using Dutch employees to carry out work in Germany to make those employees(cid:146) pay
records available on the building site in Germany. Moreover, since 1 January 1998, employers have also been
required to provide a (postal) address or appoint a representative in Germany at which or through whom they can
be contacted by the German inspection authorities. If they fail to do so, they could receive a hefty fine of up to
DM 500 000.

Is the Commission aware that, since the AEg was amended, Dutch firms operating or intending to operate in
1.
Germany have faced onerous administrative requirements which make it very difficult for them to operate in
Germany?

2. Will it investigate whether the provisions of the AEg are compatible with EEC law, in particular European
rules on the free movement of workers and the freedom to provide services?

If the AEg contains unauthorized protectionist provisions that hinder the functioning of the internal market,

3.
what action does the Commission plan to take to remove them?