WRITTEN QUESTION No. 3201/98 by Astrid LULLING to the Commission. Transportation by Germany of the directive on the posting of workers
C 142/106 Official Journal of the European Communities EN 21. 5. 1999 The alternative solutions must be seen in relation to the project under consideration. The Habitats Directive does not regulate any specific evaluation of alternatives, but leaves it to the Member State to assess in an appropriate manner if there are alternative solutions. A negative project can be carried out only in the absence of alternative solutions. The Commission can require the Member State to demonstrate that it has respected the condition. The Honourable Member refers to a specific project concerning the new port of Helsinki in Vuosaari. The project affects the site Mustavuori-Östersundom, which Finland has recognised should be an SPA and which also is proposed as SCI in its national list under the Habitats Directive. On this basis, the provisions of Article 6(3) and (4) would appear to be relevant from the date of accession, 1 January 1995. The Commission is in correspondence with the Finnish authorities on the matter. (1) Council Directive 92/43/EEC of 21. 5. 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22. 7. 1992. (2) Council Directive 79/409/EEC of 2. 4. 1979 on the conservation of wild birds, OJ L 103, 25. 4. 1979. (1999/C 142/130) WRITTEN QUESTION E-3201/98 by Astrid Lulling (PPE) to the Commission (27 October 1998) Subject: Transportation by Germany of the directive on the posting of workers As draftsman of the opinion of the Committee on Economic and Monetary Affairs and Industrial Policy I refer to transposition of this directive in the Federal Republic of Germany. It has finally been possible to ensure, after a number of years, that Luxembourgish firms which have carried out orders in Belgium with their workers who are resident in Luxembourg do not have to pay bad-weather compensation or a loyalty payment. Employers and workers in the construction industry in Germany have now agreed on arrangements for a holiday and pay compensation fund. Luxembourgish firms performing work in the frontier region will have to pay into this fund, for the duration of the period of posting, 14. 25 % of gross wages paid, even though the workers in question have a guaranteed right to holiday and holiday pay in Luxembourg. Does the Commission agree that such schemes, which have already been agreed for similar situations in Belgium, are incompatible with the directive on the posting of workers and that they distort competition? Is the Commission prepared to take action against these and other annoying practices which impede access to the market? Answer given by Mr Flynn on behalf of the Commission (22 January 1999) The Commission would refer the Honourable Member to its answer to written question E-3110/98 by Mrs Reding (1). (1) OJ C 135, 14. 5. 1999, p. 168