WRITTEN QUESTION No. 4024/98 by Ben FAYOT to the Commission. Adverse effect of distortion of competition on Luxembourgish SMEs
15. 10. 1999 EN Official Journal of the European Communities C 297/123 Answer given by Mr Van Miert on behalf of the Commission (16 February 1999) Condition 17 of the British Telecom (BT) licence prohibits undue preference and undue discrimination. Users who claim to be suffering from undue discrimination in relation to any tariff can therefore submit their case to the Office of telecommunications (OFTEL) which has the power to investigate and where necessary enforce BT’s licence conditions. Given the existence of this national procedure, and in line with the principle of subsidiarity, the Commission does not intend to start an own-initiative inquiry regarding the practice described. (1999/C 297/167) WRITTEN QUESTION E-4024/98 by Ben Fayot (PSE) to the Commission (8 January 1999) Subject: Adverse effect of distortion of competition on Luxembourgish SMEs In 1997 new administrative and financial obstacles were erected in Germany, the result of which is that Luxembourgish craft enterprises seeking to trade in Germany are exposed to distortion of competition. For example, the German law on the posting of workers (1997) obliges Luxembourgish construction firms operating in Germany to transfer 14,25 % of gross wages paid in Germany during the period of posting as holiday pay to a German fund, although there are comparable obligations in Luxembourg, the posting country (statutory holiday and obligatory holiday pay amounting to 11,77 % of gross pay). This double burden on Luxembourgish firms is a violation of the rules of competition applying in the Infernal Market and it represents a sealing off of the German market. Does the Commission intend to defend vigorously the rules of the Internal Market in this instance, and to work towards a situation where Luxembourgish and other European firms engaged in the construction trade in Germany are freed from this additional burden? Answer given by Mr Monti on behalf of the Commission (25 February 1999) The honourable Member is referred to the Commission’s answer to Written Question E-3110/98 put by Ms Reding (1). The Commission also wishes to point out that it served formal notice on the German Government in November 1998. (1) OJ C 135, 14. 5. 1999, p. 168. (1999/C 297/168) WRITTEN QUESTION E-4030/98 by Honório Novo (GUE/NGL) to the Commission (8 January 1999) Subject: Checks on the ban on the production and use of animal feed derived from cattle From 1 January 1999 there will be an EU-wide ban on the production and use of animal feed made from any substance and/or by-product originating in cattle. However, it will still be possible to use animal feed (except for the feeding of cattle) made from substances and/or by-products originating in other animals (pigs or fowl)