FREE MOVEMENT OF WORKERS : EU RELUCTANT TO OPEN JOB MARKETS TO ROMANIANS AND BULGARIANS.

The European Commission, on 21 December, felt it necessary to recall the different rules which apply to the free movement of Romaniansand Bulgarians in the 25 current member states.

NO NOTIFICATION OBLIGATION

During the first phase, member states are not under any obligation to notify the Commission of the measures to be taken, contrary to what certain information may have led us to believe.

Until 31 December 2008, access to the labour markets of the current member states will depend on national measures and policies, as well as bilateral agreements they may have with the new member states. Member states must just make the information public at national level beforeDecember 2006. They do not have to notify Brussels.

During the second phase, from 1 January 2009 to 31 December 2011, member states are obliged to inform the Commission of any measures that they intend to take, without any need to justify them.

The third phase, from 1 January 2012 to 31 December 2013, will be subject to stricter conditions. Member states will be required to obtain authorisation from the Commission before extending these measures for a further two years but only if "it is experiencing serious disturbances on its labour market".

WORKERS COVERED

Transitional measures are in place to cover Bulgarian and Romanian nationals who wish to sign a work contract or to look for work in one of the 25 old' member states. They do not in general apply to :

- self-employed persons: businessmen, artisans, etc, except certain services, eg in the construction sector, in Austria and Germany

- posted workers who come to provide services (according to the legal interpretation given by the Commission)

- persons exercising their right to freedom of movement, with intentions other than to seek work, eg students.

Workers who have already signed contracts and who are already working in one of the EU25 member states will maintain their former status. A Bulgarian or Romanian national who moves to a current member state and gains legal permission to work there for 12 months or longer will maintain his access to the labour market (he will be entitled to have his work permit extended) but will not be able to use it in another member state. If he or she voluntarily leaves the member state in question, he/she loses his right of access until the end of the transitional period.

Bulgarians and Romanians settled in other member states should be entitled to benefit from the same advantages in terms of...