WRITTEN QUESTION P-0333/00 by Barbara Weiler (PSE) to the Commission. Rules governing the award of public contracts.
Date: 2000-02-04
Institutions: European Parliament, Provisional data
Subjects: European social policy, expatriate worker, public contract, social dumping

C 280 E/208

Official Journal of the European Communities

EN

3.10.2000

State where a citizen of the Union wishes to study, to cover course fees (tuition fees), he or she must be
able to receive it.

However, the (cid:145)equality of treatment(cid:146) principle does not apply to support or maintenance grants intended to
help the students pay their daily living expenses, unless the student is a migrant worker or a family
member of a migrant worker. In this last case, he is entitled under Community law, namely Articles 7 and
12 of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers
within the Community (4), also to social advantages in the same conditions as the nationals. In conse-
quence and as stated above, if the Danish legislation cited by the Honourable Member concerns these kind
of grants, citizens from other Member States, which fulfil the requirements of Regulation (EEC) No 1612/
68, should benefit from those education grants.

(1) OJ L 149, 5.7.1971 as last modified by OJ C 6, 10.1.1998.
(2) OJ L 74, 27.3.1972 as last modified by OJ L 323, 13.12.1996.
(3) OJ L 28, 30.1.1997.
(4) OJ L 257, 19.10.1968.

(2000/C 280 E/246)

WRITTEN QUESTION P-0333/00

by Barbara Weiler (PSE) to the Commission

(4 February 2000)

Subject: Rules governing the award of public contracts

1. What rules does the Commission intend to adopt to protect national labour markets from social
dumping in connection with the award of public contracts?

2. What is the Commission(cid:146)s assessment of the national laws on the posting of workers and what
political action does it consider should be taken in the light of experience hitherto?

Does the Commission intend to take measures to stem the proliferation of pseudo-independent

3.
businesses?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(28 February 2000)

1.
The Commission would like to remind the Honourable Member, with regard to the transnational
context, that on 16 December 1996 the Council and Parliament adopted Directive 96/71/EC concerning
In terms of Community
the posting of workers in the framework of
employment law, it is this Directive which, through the protection it provides for workers, makes the
most significant contribution towards establishing fair competition among businesses. It lays down a
nucleus of mandatory rules on minimum protection to be observed in the host country by employers who
post workers to perform temporary work in the territory of a Member State where services are provided.
The Directive applies without distinction to the public and private sectors.

the provision of services (1).

2.
The deadline for incorporation of Directive 96/71/EC into national law was 16 December 1999. In
view of this date, and taking account of a number of delays in communicating national laws, it would
appear to be too early for an assessment of experience hitherto.

3.

For the moment the Commission does not intend to take measures in this connection.

(1) OJ L 18, 21.1.1997, pp. 1-6.