WRITTEN QUESTION E-1343/03 by Bartho Pronk (PPE-DE) to the Commission. Follow-up to question on the assessment of Directive 96/71/EC.
Date: 2003-04-09
Institutions: European Parliament, Provisional data
Subjects: application of EU law, building industry, citizens' Europe, expatriate worker, free movement of workers, labour law, provision of services, report

7.11.2003

EN

Official Journal of the European Union

C 268 E/187

(2003/C 268 E/210)

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.

4.

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

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 (cid:1) Report from the Commission services (cid:1) it does not
draw conclusions on whether the Directive has been correctly implemented by the Member States.

including inter-service consultation,
The Report was subject
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.

to the normal consultation procedure,

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.

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Official Journal of the European Union

EN

7.11.2003

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.

(2003/C 268 E/211)

WRITTEN QUESTION E-1349/03

by Christopher Huhne (ELDR) to the Commission

(10 April 2003)

Subject: Intra-EU trade

Further to the answers given to my Written Questions E-1020/01 (1), E-0992/02 to E-0994/02 and
E-1106/02 (2), will the Commission provide an updated, geographical analysis of exports of goods and
non-factor services by Member State to include 2001 and 2002, and will it further express such figures as
a percentage of each country’s GDP for the period in question?

(1) OJ C 340 E, 4.12.2001, p. 149.
(2) OJ C 205 E, 29.8.2002, p. 244.

Answer given by Mr Solbes Mira on behalf of the Commission

(26 May 2003)

The Commission provides to the Honourable Member and the Parliament’s Secretariat an updated
geographical analysis of Intra-Community trade in goods and services expressed both, in EUR million and
as percentages of each country’s gross domestic product (GDP).

It should be stated that the tables containing the analysis for trade in goods are derived from Foreign Trade
Statistics (1), while the tables containing the analysis for trade in services are derived from Balance of
Payments Statistics. 2002 figures shown in the tables covering trade in goods should be considered as
provisional and, therefore, subject to revision in the coming months. More definitive figures will only be
available at the end of the year 2003. The tables covering trade in services do not include figures for the
year 2002, as the information required will only become available in December 2003.

It should be stressed that Foreign Trade Statistics collected by the Commission (Eurostat) are based on the
community concept. They often differ from the data published at the national level, which are based on
the national concept.

Also, as stated in the reply by the Commission to the Honourable Member’s Written Questions E-2464/02
and E-2465/02 (2), the data provided by Member States to the Commission (Eurostat) to compile the
Balance of Payments of the Union are based on a different methodology (principle of consignment) than
the one used by Member States for compiling and publishing their national Balance of Payments (principle
of origin). This difference should be kept in mind before interpreting the figures.

(1) See the answer provided by the Commission to the Honourable Member’s Written Questions E-0992/02 to E-0994/

02 and E-1106/02.

(2) OJ C 28 E, 6.2.2003, p. 243.