WRITTEN QUESTION No. 1707/99 by Jan ANDERSSON Commission's plans regarding freedom of movement for workers in border regions
C 27 E/166 Official Journal of the European Communities EN 29. 1. 2000 (2000/C 27 E/204) WRITTEN QUESTION P-1707/99 by Jan Andersson (PSE) to the Commission (20 September 1999) Subject: Commissionís plans regarding freedom of movement for workers in border regions The expectations raised in regard to freedom of movement since the introduction of the internal market have not been fulfilled. In border regions, particularly, differences in tax and social security rules between the Member States seem to be hampering genuine freedom of movement for workers. With the completion of the permanent link across resund, freedom of movement has now become an issue in my own home region. Will the Commission say what measures it intends to take to promote freedom of movement in border regions and, in this context, will it state its position on the promotion of bilateral agreements between individual Member States on matters such as tax and social security? Answer given by Mrs Diamantopoulou on behalf of the Commission (21 October 1999) The Commission made a proposal on 22 July 1997 on amendments to the existing Community law on freedom of movement of workers (1). One of the aims of the proposal is to reinforce the application of equal treatment for Community workers by taking account of the particular situation of frontier workers. The proposal includes a new provision in Regulation (EEC) 1612/68 of the Council of 15 October 1968, on freedom of movement for workers within the Community (2) with reference to the situation of frontier workers. This provision would constitute a basis for reinforcing the frontier workerís legal security. It is important to determine the benefits to which a frontier worker is entitled under the legislation of the Member State of employment, which is generally designed for workers who are resident. As a rule, it is considered that a frontier worker should enjoy the same benefits as a resident worker. The Parliament approved the proposals in first reading with a series of amendments (5 May 1999). The Economic and social committee delivered a favourable opinion (plenary session of 27 April 1999). The proposal is not yet on the agenda of the Council. In its proposal to review and simplify the rules on co-ordination of social security schemes (3), at present contained in Regulation (EEC) 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (4), the Com- mission has paid special attention to the situation of frontier workers. The improvements suggested are in line with those sought by the Parliament in the past and include, for example, facilitating access for retired frontier workers and their family members to health care. This proposal is at present on the agendas of the Council and the Parliament. In the absence of harmonisation at Community level, the apportionment of the taxation rights in bilateral relations is, as recently confirmed by the Court of justice (5), the competence of Member States. Although conventions for the avoidance of double taxation do not exist between all Member States, all those with a common border have concluded conventions. Relations between Denmark and Sweden are governed by the Convention of 23 September 1996 concluded between the Nordic countries, as modified by a protocol of 6 October 1997. Consequently, there should not be any double taxation of cross-border workers and the Commission does not see the necessity for Community action in this area. (1) OJ C 344, 12. 11. 1998. (2) OJ L 257, 19. 10. 1968. (3) COM(98) 779 final. (4) OJ L 149, 5. 7. 1971. (5) Judgement of 12 May 1998, Case C-336/96 Mr and Mrs Gilly, point No 30