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.