91999E2146

WRITTEN QUESTION E-2146/99

by Freddy Blak (PSE) to the Commission

(24 November 1999)

Subject: Dual nationality

The problem of illegal labour, particularly in the European building industry, is growing in scale.

The European trade union movement has recently reported an increasing number of cases in which Polish workers in the building industry in Germany and Denmark, for example, hold dual both Polish and fictitious German nationality.

Is the Commission aware of this problem and are there initiatives in the pipeline that may alter this untenable situation?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(19 January 2000)

The Commission is not aware of any problems caused by fictitious dual nationality of workers in the construction industry.

In any case, as the issue of acquiring the nationality of a Member State comes in principle within the remit of the Member State in question, it is up to the authorities in that country to monitor and verify whether the workers employed within its territory have the nationality of that territory or that of a third country.

Moreover, in so far as the Honourable Member's question refers to situations involving the posting of workers for the transnational provision of services, it may be useful to recall the objectives of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services(1). This Directive aims to ensure fair competition between the undertakings providing the services, while at the same time guaranteeing adequate protection for the posted workers. With regard to its scope, it must be emphasised that this Directive applies to undertakings which post workers to another Member State without distinguishing between Community and non-Community workers.

Within the sectoral dialogue committee on construction, the social partners in the European construction industry, the European Federation of Building and Wood Workers and the European Construction Industry Federation have discussed the problem of illegal work over recent years. Neither in these discussions nor in other contacts with the social partners has the Commission been made aware of the problem raised by the Honourable Member.

(1) OJ L 18, 21.1.1997.