Euroinstitut - European Grouping of Territorial Organisation Eurodistrict SaarMoselle EGTC, FR-DE
The Advice Case „Shared cross-border public services: French-German crèches“ submitted by the Eurodistrict SaarMoselle EGTC (FR-DE) under the initiative b-solutions was consulted by the team of the Euroinstitut. The experts helped the applicant to better identify the obstacles preventing the operability of two cross-border crèches within the framework of an Interreg project.
Uncertainties arose especially concerning the co-financing of running costs, tax implications (property tax, VAT), staff qualifications and safety rules.
Diverging national legal frameworks results, in particular, in the following hurdles:
- the French „operating aid to crèches” subside cannot be payed to kindergartens located abroad;
- the French partner should pay an additional 19% of VAT more for its contribution to the construction of the German crèche;
- staff who have qualified in France have to undertake mandatory additional trainings in methodology and didactics in order to be employed in Germany;
- the French law on public health includes stricter rules on vaccinations;
- there are different safety provisions.
Solutions proposed by the Euroinstitut’s team include:
- a derogation to avoid the VAT payment by the French partner in accordance to the provisions already contained in the Treaty of Aachen, a bilateral agreement between the two countries;
- the introduction of a special regime for cross-border institutions concerning the payment of the „operating aid to crèches”;
- the recognition of staff qualifications is already provided by the indications contained in the Saarland Childcare and Education Act, which gives full responsibility for the recognition to the education institution;
- a consultation with local medical/public health authorities should be undertaken concerning the vaccination requirements;
- a close cooperation should start with the local fire department.
The full report of the Euroinstitut is available here for a complete overview of the obstacles, the legal indications causing them and the solutions proposed.
The information here provided have been developed in the framework of b-solutions, an initiative of the European Comission’s DG REGIO managed by the Association of European Border Regions (AEBR).
The reports here included are the result of a consultation provided by legal/cross-border cooperation experts on obstacles of a legal or administrative nature – referred to as Advice Cases - selected in the framework of the II Call for Proposals of the initiative b-solutions.