6.2.2004   

EN

Official Journal of the European Union

CE 33/254

1.

Is the Commission aware of the situation outlined above and does it take the view that the duplication of essentially identical social security payments for construction workers represents a breach of the freedom to provide services on the grounds that it leads to market distortions and distortions of competition?

2.

Does the Commission regard the instances of discrimination outlined above as contrary to Community law?

3.

If so, does the Commission intend to take action (this refers to both the questions above)?

4.

Does the Commission take the view that the payments to the construction workers' social security fund are covered by Directive 96/71/EC on the posting of workers (1)?

5.

In its answer, will the Commission confirm the remarks it made in its answer to Written Question E-1479/98 (2)?

1.

The Commission has no knowledge of the particular case brought up by the Honourable Member, but it is aware of the risk of double contributions by employers when they are subject to obligations in respect of paid leave in both the sending Member State and the host Member State.

If the system of paid leave funds exists in both the countries concerned, i.e. in the country of origin of the undertaking and in the host country, the question of the equivalence of the two Member States' schemes must be decided. To address the problems involved in comparing these schemes, the paid leave funds in several Member States have set up a system of cooperation to ensure mutual recognition of paid leave schemes and to avoid employers being faced with having to pay double contributions when they post workers.

2.

The Commission is of the opinion that a double burden on employers in this context could constitute a restriction to the exercise of the freedom to provide services and is not in keeping with the spirit or letter of Directive 96/71/EC.

3.

The Commission will examine all of the cases brought to its attention and will take all measures necessary to ensure respect for the EC Treaty and correct implementation of Directive 96/71/EC. It will also encourage all initiatives taken by paid leave funds as referred to in point 1.

4.

Directive 96/71/EC obliges the Member States to ensure that undertakings posting workers on their territory guarantee these workers the conditions of employment listed in Article 3 that are in force in the host country, including the minimum length of paid annual leave. When implementing this obligation, the Member States must abide by the provisions of the Directive as well as Articles 49 et seq. of the EC Treaty.

5.

The Commission confirms its answer to Written Question E-1479/98 by Mrs R. Oomen-Ruijten and others (4).