WRITTEN QUESTION No. 993/98 by Freddy BLAK to the Commission. Free movement of labour
19. 11. 98 EN Official Journal of the European Communities C 354/49 (98/C 354/87) WRITTEN QUESTION E-0993/98 by Freddy Blak (PSE) to the Commission (2 April 1998) Subject: Free movement of labour 1. People with national register addresses in Denmark are not (except in very special circumstances) allowed to travel for commercial purposes within the countryís borders in cars registered in other Member States. This also applies even though the person in question is employed by a foreign company and only a small proportion of the work is carried out in Denmark. Does this apply only to Denmark, or is it common to the Member States? Does the Commission consider this state of affairs to be compatible with the principle of the free movement 2. of labour? Why/why not? 3. Does the Commission consider this situation to be desirable? Why/why not? Does the Commission intend to remedy this situation so that it becomes more attractive for EU citizens to 4. seek employment in another Member State? Answer given by Mr Flynn on behalf of the Commission (19 May 1998) According to Danish legislation, individuals and companies resident or domiciled in Denmark should have their cars registered in Denmark. Although exceptions are allowed in certain circumstances, these are not of great benefit to cross-border workers residing in Denmark and employed in a neighbouring Member State. In fact, the use of company cars registered in the Member State where the employer is situated, and placed at the disposal of cross-border workers is subject to severe restrictions. The Danish authorities allow the use of company cars for direct travel between the workersí residence and the border only during weekends, primarily for test drives. Cross-border workers are not allowed to use company cars for private purposes. The Commission considers these provisions in breach of Community law on free movement of workers and on cross-border provision of services (Articles 48 and 59 of the EC Treaty respectively), for the following reasons. Workers residing in Denmark are hindered in taking a job across the border, which would require them to drive a company car for work purposes on both sides of the border. Moreover, considering that the use of a company car, even for private purposes, is in many cases a normal part of remuneration, cross-border workers are not able to enjoy the full (non-pecuniary) advantages granted by their employer. Firms in Member States bordering Denmark are dissuaded from hiring workers resident in Denmark, since the latter cannot legally drive company cars, registered in these Member States, for professional purposes in Denmark. Companies are thus restricted in their choice of employees as well as in the cross-border provision of services through their employees who are resident in Denmark. The Commission has become aware of this situation through a number of complaints of citizens of the Community resident in Denmark. After having examined the case thoroughly, it started infringement proceedings against Denmark on the basis of Article 169 of the EC Treaty. The Commission has decided recently to send a reasoned opinion to Denmark. (98/C 354/88) WRITTEN QUESTION E-0998/98 by Laura De Esteban Martin (PPE) to the Commission (2 April 1998) Subject: Access to PhD Courses Why does the Commission assert that holders of the Ingeniero Te·cnicoí qualification are not eligible to study for doctorates, when some Member States allow them to do so?