# CE2004088EN.01026601.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/266 |
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8.4.2004

EN

Official Journal of the European Union

CE 88/266

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(2004/C 88 E/0271)

WRITTEN QUESTION E-0995/04

by Bartho Pronk (PPE-DE) to the Commission

(31 March 2004)

Subject:   Restrictive measures planned by some EU Member States contrary to the right of equal treatment granted by the EU

Subject:

According to the press releases of several EU Member States (United Kingdom, Ireland, Denmark) the social rights of migrants from the new Member States are going to be restricted in various ways. Regulation (EEC) No 1408/71 (1) on social security coordination lays down the principle that employed and self-employed persons are per se entitled to the benefits set out in the Regulation without any residence period requirement. In my view, the condition of two years' continuous residence for entitlement to benefits granted under Regulation 1408/71 is incompatible with EC law.

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| 1. | What will be the reaction of the Commission to such measures, which are clearly contrary to EC law?
  The most recent studies published forecast a migration rate of no more than 1 % from the new Member States after 1 May 2004. |
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1.

What will be the reaction of the Commission to such measures, which are clearly contrary to EC law?

The most recent studies published forecast a migration rate of no more than 1 % from the new Member States after 1 May 2004.

| 2. | Does the Commission consider that Hungary really represents a threat to the labour market of the current Member States and that the restrictive measures planned by several governments with the clear objective of preventing Hungarian nationals from having access to the European labour market are therefore well-founded? |
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2.

Does the Commission consider that Hungary really represents a threat to the labour market of the current Member States and that the restrictive measures planned by several governments with the clear objective of preventing Hungarian nationals from having access to the European labour market are therefore well-founded?

Answer given by Mr Dimas on behalf of the Commission

(30 April 2004)

(30 April 2004)

| 1. | The transitional arrangements set out in the Accession Treaty provide that current Member States may maintain restrictions on access to their labour markets by workers from new Member States under certain conditions for a maximum period of seven years. These restrictions only apply to access to the labour market, and not to access to social security benefits or entitlement to social advantages. The Commission has reminded Member States of these principles in its regular and recent contacts with Member States' representatives at technical level. Most Member States have informed the Commission that they are at this moment still finalizing their legislative measures pertaining to the first two years of the transitional period. The Commission will also send a letter to all Member States concerned, in which it will recall the obligations under Community law and ask Member States to provide the final text of all the legislative measures relating to the first two years of the transitional period as soon as possible. The Commission will continue to follow up this matter and take appropriate action, including requesting clarification of legislative measures, where necessary. |
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1.

The transitional arrangements set out in the Accession Treaty provide that current Member States may maintain restrictions on access to their labour markets by workers from new Member States under certain conditions for a maximum period of seven years. These restrictions only apply to access to the labour market, and not to access to social security benefits or entitlement to social advantages. The Commission has reminded Member States of these principles in its regular and recent contacts with Member States' representatives at technical level. Most Member States have informed the Commission that they are at this moment still finalizing their legislative measures pertaining to the first two years of the transitional period. The Commission will also send a letter to all Member States concerned, in which it will recall the obligations under Community law and ask Member States to provide the final text of all the legislative measures relating to the first two years of the transitional period as soon as possible. The Commission will continue to follow up this matter and take appropriate action, including requesting clarification of legislative measures, where necessary.

| 2. | In accordance with the terms of the Accession Treaty, there is no need for the current Member States to provide proof of disturbance to their labour market (or a threat thereof) in the case that they wish to maintain restrictions for the first five years of the transitional period. The Accession Treaty provides only that for the last two years of the transitional period, that is, after 2009, restrictions on access to the labour market can only be maintained by a current Member State if there is evidence of serious disturbances or a threat thereof to the labour market. However, the Accession Treaty also provides that a current Member State may at any time decide to fully or partially liberalise access to its labour market during the transitional period. A Member State which has lifted restrictions during this seven year period can invoke a ‘safeguard clause’ and re-impose restrictions if there is evidence of serious disturbances (or a threat thereof) of the labour market. The Commission expects that most restrictions on access to the labour market could be lifted by the end of the first five years following accession, that is from 2009 onwards. From 2011 onwards- seven years after accession – there will be complete freedom of movement for workers from new Member States. |
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2.

In accordance with the terms of the Accession Treaty, there is no need for the current Member States to provide proof of disturbance to their labour market (or a threat thereof) in the case that they wish to maintain restrictions for the first five years of the transitional period. The Accession Treaty provides only that for the last two years of the transitional period, that is, after 2009, restrictions on access to the labour market can only be maintained by a current Member State if there is evidence of serious disturbances or a threat thereof to the labour market. However, the Accession Treaty also provides that a current Member State may at any time decide to fully or partially liberalise access to its labour market during the transitional period. A Member State which has lifted restrictions during this seven year period can invoke a ‘safeguard clause’ and re-impose restrictions if there is evidence of serious disturbances (or a threat thereof) of the labour market. The Commission expects that most restrictions on access to the labour market could be lifted by the end of the first five years following accession, that is from 2009 onwards. From 2011 onwards- seven years after accession – there will be complete freedom of movement for workers from new Member States.

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(1)  OJ L 149, 5.7.1971, p. 2.

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