WRITTEN QUESTION No. 1532/98 by Dietrich ELCHLEPP to the Commission. The 250 km distance requirement in the EU's European town- twinning programme
Date: 1998-05-18
Institutions: ELCHLEPP, European Parliament
Subjects: EU Member State, EU programme, France, Germany, aid recipient, allowances and expenses, frontier region, town, twinning

C 50/46

Official Journal of the European Communities

EN

22.2.1999

Answer given by Mr Monti on behalf of the Commission

(3 July 1998)

The Honourable Member has raised a number of issues relating to the freedom to provide cross-border services, a
fundamental freedom laid down by Article 59 of the EC Treaty, and to Parliament and Council Directive
96/71/EC of 16 December 1996 concerning the posting of workers in the framework of the provision of
services (1).

The aim of Directive 96/71/EC is to ensure that any firm which provides services within the territory of another
Member State and posts workers there for that purpose abides by the minimum requirements in force in that
Member State.

The Commission(cid:146)s replies to the Honourable Member are as follows:

1. The Commission has received several complaints about the German Law on the Posting of Workers
(Arbeitnehmer-Entsendegesetz › AEg) from firms in various Member States, as well as from business
organisations representing them.

2. German rules in this field must be examined in the light of the above-mentioned provisions of Community
law. The Commission takes the view that measures to ensure compliance with minimum working and
employment conditions must not be disproportionate to the objective pursued. The German rules do not
affect freedom of movement for workers, as they lay down obligations that are applicable to firms only, not
to their employees.

3. The German Labour Court in Wiesbaden has recently referred a number of cases concerning the German
Law to the Court of Justice for preliminary rulings. Since the German authorities seem to have no intention of
suspending the application of those provisions in the light of the preliminary rulings and since several non-
German firms have submitted complaints to it, the Commission is currently examining the possibility of
initiating infringement proceedings against Germany. It will inform the Honourable Member of any further
action taken in the matter.

(1) OJ L 18, 21.1.1997.

(1999/C 50/064)

WRITTEN QUESTION E-1532/98

by Dietrich Elchlepp (PSE) to the Commission

(18 May 1998)

Subject: The 250 km distance requirement in the EU(cid:146)s European town-twinning programme

Numerous twinning arrangements exist between towns either side of the Franco-German border in the southern
upper Rhine valley, where, however, it is not understood why the Commission requires twinned towns to be at
least 250 km apart in order for twinning events to be eligible for Action Area 1 support under the EU(cid:146)s European
town-twinning programme.

Will the Commission explain the reasons for such a requirement and consider scrapping this regrettable
restriction?

Answer given by Mr Santer on behalf of the Commission

(1 July 1998)

The Community town-twinning programme, for which a limited appropriation is contained in the budget, was set
up to encourage efforts to develop the content and geographic extent of town-twinning and in particular to
provide assistance in those cases where the greatest obstacles are encountered. In granting aid, priority is
therefore given for twinning purposes to those towns which are farthest apart and to town-twinning meetings
attended by towns located in the Union(cid:146)s disadvantaged (e.g. Objective 1 regions) and outlying regions. Bilateral
twinning arrangements in the internal border areas of the Union are therefore not encouraged as a priority. In such
cases, a regular exchange between citizens entails comparatively little in terms of travel and communications
costs. Most of the twin towns to have qualified for assistance so far are over 1 000 km apart.

However, there is no restriction in the shape of a minimum distance for the holding of events on specific topics by
the twinned towns or the ongoing training measures for those in charge of town-twinning arrangements.