WRITTEN QUESTION P-0333/00 by Barbara Weiler (PSE) to the Commission. Rules governing the award of public contracts.
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 áequality of treatmentí 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 Commissionís 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