WRITTEN QUESTION No. 1051/99 by Karin RIIS-JØRGENSEN Discrimination against foreign construction companies in Germany
C 325/134 Official Journal of the European Communities EN 12. 11. 1999 Joint answer to Written Questions E-0957/99, E-0974/99, E-0978/99, E-1053/99 and P-1161/99 given by Mr Flynn on behalf of the Commission (30 April 1999) The Commission would refer the Honourable Members to its answer to Written Question E-0585/99 by Mr McCartin (1) and to the replies it gave to Oral Questions H-223/99 by Mrs McKenna and H-306/99 by Mr McMahon during question time at Parliament’s April 1999 part-session (2). See page 122. (1) (2) Debates of the Parliament, (April 1999). (1999/C 325/201) WRITTEN QUESTION E-1026/99 by Graham Mather (PPE) to the Commission (20 April 1999) Subject: Pesticide Lindane In response to my Written Question 2860/97 (1), the Commission stated that Directive 91/414/EEC (2) concerning the placing on the market of plant protection products provides for the review of active substances which were already on the market when the Directive entered into force. Concerning the active substance lindane, which is one of the 90 substances covered under the first phase of the review, the Commission confirmed that it was waiting for the report of the rapporteur Member State, Austria. Upon receipt of this report an intensive scientific and technical examination with all the Member States was due to take place. The Commission would then take a final position on this active substance and consider options for further progressing the work. What stage has this process now reached? (1) OJ C 117, 16. 4. 1998, p. 84. (2) OJ L 230, 19. 8. 1991, p. 1. Answer given by Mr Fischler on behalf of the Commission (29 April 1999) The Commission would refer the Honourable Member to its answer to Written Question E-154/99 by Mrs Pollack (1). (1) See page 76. (1999/C 325/202) WRITTEN QUESTION P-1051/99 by Karin Riis-Jørgensen (ELDR) to the Commission (12 April 1999) Subject: Discrimination against foreign construction companies in Germany In Germany an amendment to the tax legislation entered into force on 1 April 1999 which discriminates against foreign construction companies. A German client who employs a foreign construction company must retain 25 % of the remuneration and pay it to the Inland Revenue in Germany. The foreign company receives this sum only after the end of the calendar year if it can prove that it is not liable to taxation in Germany. There is a derogation provision, but at present the German tax authorities are refusing to apply it