. /.  WORLD TRADE  
ORGANIZATION  WT/REG1/10 
WT/REG2/9 
WT/REG139/3 
8 August 2005 
 (05-3532) 
Committee on Regional Trade Agreements Original:   English 
  
 
EUROPE AGREEMENT BETWEEN 
THE EUROPEAN COMMUNITIES AND BULGARIA, SERVICES; 
EUROPE AGREEMENT BETWEEN  
THE EUROPEAN COMMUNITIES AND ROMANIA, SERVICES; 
EUROPE AGREEMENT BETWEEN THE  
EUROPEAN COMMUNITIES AND THE CZECH REPUBLIC, SERVICES 
 
Questions and Replies
 
  
 The following communication, dated 19 July 2005, is being circulated at the request of the 
Delegation of the European Communities, and the Pe rmanent Missions of Bulgaria, Romania and the 
Czech Republic.   This document reproduces the questions addressed  to the Parties and the responses submitted. 
The questions and replies set out below are orga nized in accordance with documents WT/REG1/7, 
WT/REG2/6 and WT/REG139/1 respectively. 
 
_______________ 
 
 IV. OTHER 
The following questions are directed to th e respective FTAs, with regard to Mode 4 
Member States of the EC make commitments in Article 38 of respective Agreements 
that “the treatment accorded to workers of Romanian(Bulgarian Czech Republican)  
nationality, legally employed in the territory of a Member State shall be free from any 
discrimination based on nationality, as regards working conditions, remuneration or dismissal, 
as compared to its own nationals.”  Does this me an that there have been no restrictions as to 
(i) their entry into 15 EC Member States and to (ii) obtaining work permits?  If there are any 
restrictions, we would like to know the details of such restrictions. 
This question concerns provisions on free moveme nt of workers and not on trade in services 
under Mode 4. Those provisions are not subject to CRTA review. 
Article 38 also states that “the legally resident spouse and children of a worker legally 
employed in the territory of a Member State, with the exception of seasonal workers and of workers coming under bilateral agreements in th e sense of Article 42, unless otherwise provided 
by such agreements, shall have access to the labo ur market of that Member State, during the 
period of that worker's authorized stay of employ ment.”  Does this mean that the persons that 
are permitted to have access to the labour market under this Article may be employed as 
unskilled labour  without any restrictions as to skill level? 
 WT/REG1/10 
WT/REG2/9 WT/REG139/3 
Page 2 
  
 This question concerns provisions on free moveme nt of workers and not on trade in services 
under Mode 4. Those provisions are not subject to CRTA review. 
Is it correct to assume that the authority to grant entry permits and work permits rests 
with respective Member States of the European  Communities, rather than the European 
Communities as a whole?  If this is so, does this  mean that in principle, (i) the commitments the 
EC has made under the GATS are equally a pplicable to Bulgaria, Romania and the 
Czech Republic, for the Mode 4 market access commitments, and that (ii) no additional commitments are undertaken vis-à-vis Bulgaria , Romania and the Czech Republic under this 
FTA, other than those stipulated in Article 38? 
Within the respect of EC law and international obligations, the authority to grant entry permits 
and work permits rests with respective Me mber States of the European Communities. 
Bulgaria and Romania (and at the time the Czech Republic) benefit from EC commitments 
under Mode 4 as any other WTO Member. As regards Mode 4, they also benefit from the provisions 
of Articles 53 and 56 of the Agreemen ts and of implementing measures. 
Nationals from those countries also benefit from the provisions of Articles 38 to 44 and 45 to 
47 of the Agreements. It has to be noted however that such provisions concern movements of persons 
to which the GATS does not apply. 
Article 42 provides that “the existing fac ilities for access to employment for Romanian 
(Bulgarian Czech Republican) workers accorded  by Member States under bilateral agreements 
ought to be preserved and if possible improved. ” Japan would like to know the details of these 
existing facilities. 
This question concerns provisions on free moveme nt of workers and not on trade in services 
under Mode 4. Those provisions are not subject to CRTA review. 
__________