WRITTEN QUESTION No. 222/99 by Elly PLOOIJ-VAN GORSEL Problems encountered by Dutch building firms operating in Germany
12. 11. 1999 EN Official Journal of the European Communities C 325/91 (1999/C 325/119) WRITTEN QUESTION P-0222/99 by Elly Plooij-van Gorsel (ELDR) to the Commission (3 February 1999) Subject: Problems encountered by Dutch building firms operating in Germany On 3 July 1998, in answer to my Question P-1529/98 (1) on the problems encountered by Dutch building firms operating in Germany, Mr Monti said that the Commission was currently examining the possibility of initiating infringement proceedings against Germany. According to my information, the proceedings have now been initiated. 1. What stage has been reached in the proceedings? 2. Has anything concrete emerged yet? (1) OJ C 50, 22. 2. 1999, p. 45. Answer by Mr Monti On behalf of the Commission (11 March 1999) 1. In serving formal notice on the German Government in November 1998, the Commission gave it an opportunity to comment on various aspects of German regulations on the posting of workers in connection with the provision of services in the building sector. 2. The German Government said that it would reply by the end of February 1999. Consequently, the Commission is not yet in a position to say whether and to what extent the German Government is ready to alter its current position. The Commission would remind the honourable Member that a number of problems in connection with the German regulations have already been referred to the Court of Justice, especially with regard to the holiday fund measures in Germany since 1998 (1). (1) Case C-49/98, ‘Finalarte’. (1999/C 325/120) WRITTEN QUESTION P-0225/99 by James Janssen van Raay (UPE) to the Commission Subject: Fees for road use in the Netherlands (3 February 1999) Following the repeated grand-scale infringements by the Netherlands of European rules of law (e. g. Securitel), is the Commission prepared to examine whether the disastrous idea of introducing a pay-as-you-drive scheme infringes European rules, not least in the light of fierce protests from the Netherlands at German and Belgium toll roads which, in fact, could only be introduced at a European level? Are not the proposed controls a violation of protection of privacy, which is guaranteed at European level? Answer given by Mr Kinnock on behalf of the Commission (9 March 1999) The Dutch government consulted the Commission at the beginning of 1998 on the possible introduction of a regulatory change on road use in the Randstad during peak hours. That consultation took place in accordance with Council Decision 308/62/EEC of 21 March 1962 as amended by Council Decision 73/402/EEC of 22 November 1973 instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport (1) proposed in Member States. On 28 May 1998 the Commission delivered the opinion that the submitted draft law was compatible with Community law