WRITTEN QUESTION No. 1532/98 by Dietrich ELCHLEPP to the Commission. The 250 km distance requirement in the EU's European town- twinning programme
C 50/46 Official Journal of the European Communities EN 22. 2. 1999 Answer given by Mr Monti on behalf of the Commission (3 July 1998) The Honourable Member has raised a number of issues relating to the freedom to provide cross-border services, a fundamental freedom laid down by Article 59 of the EC Treaty, and to Parliament and Council Directive 96/71/EC of 16 December 1996 concerning the posting of workers in the framework of the provision of services (1). The aim of Directive 96/71/EC is to ensure that any firm which provides services within the territory of another Member State and posts workers there for that purpose abides by the minimum requirements in force in that Member State. The Commissionís replies to the Honourable Member are as follows: 1. The Commission has received several complaints about the German Law on the Posting of Workers (Arbeitnehmer-Entsendegesetz › AEg) from firms in various Member States, as well as from business organisations representing them. 2. German rules in this field must be examined in the light of the above-mentioned provisions of Community law. The Commission takes the view that measures to ensure compliance with minimum working and employment conditions must not be disproportionate to the objective pursued. The German rules do not affect freedom of movement for workers, as they lay down obligations that are applicable to firms only, not to their employees. 3. The German Labour Court in Wiesbaden has recently referred a number of cases concerning the German Law to the Court of Justice for preliminary rulings. Since the German authorities seem to have no intention of suspending the application of those provisions in the light of the preliminary rulings and since several non- German firms have submitted complaints to it, the Commission is currently examining the possibility of initiating infringement proceedings against Germany. It will inform the Honourable Member of any further action taken in the matter. (1) OJ L 18, 21. 1. 1997. (1999/C 50/064) WRITTEN QUESTION E-1532/98 by Dietrich Elchlepp (PSE) to the Commission (18 May 1998) Subject: The 250 km distance requirement in the EUís European town-twinning programme Numerous twinning arrangements exist between towns either side of the Franco-German border in the southern upper Rhine valley, where, however, it is not understood why the Commission requires twinned towns to be at least 250 km apart in order for twinning events to be eligible for Action Area 1 support under the EUís European town-twinning programme. Will the Commission explain the reasons for such a requirement and consider scrapping this regrettable restriction? Answer given by Mr Santer on behalf of the Commission (1 July 1998) The Community town-twinning programme, for which a limited appropriation is contained in the budget, was set up to encourage efforts to develop the content and geographic extent of town-twinning and in particular to provide assistance in those cases where the greatest obstacles are encountered. In granting aid, priority is therefore given for twinning purposes to those towns which are farthest apart and to town-twinning meetings attended by towns located in the Unionís disadvantaged (e. g. Objective 1 regions) and outlying regions. Bilateral twinning arrangements in the internal border areas of the Union are therefore not encouraged as a priority. In such cases, a regular exchange between citizens entails comparatively little in terms of travel and communications costs. Most of the twin towns to have qualified for assistance so far are over 1 000 km apart. However, there is no restriction in the shape of a minimum distance for the holding of events on specific topics by the twinned towns or the ongoing training measures for those in charge of town-twinning arrangements