1968R1612 — EN — 27.08.1992 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B REGULATION (EEC)No 1612/68 OF THE COUNCIL
of 15 October 1968
on freedom of movement for workers within the Community
(OJ L 257, 19.10.1968, p. 2)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 312/76 of 9 February 1976 L 39 2 14.2.1976
►M2Council Regulation (EEC) No 2434/92 of 27 July 1992 L 245 1 26.8.1992
Corrected by:
►C1Corrigendum, OJ L 999, 1.1.1973, p. 28 (1612/68)
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REGULATION (EEC)No 1612/68 OF THE COUNCIL
of 15 October 1968
on freedom of movement for workers within the Community
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 49 thereof;
Having regard to the proposal from the Commission;Having regard to the Opinion of the European Parliament (
1);
Having regard to the Opinion of the Economic and Social
Committee (2);
Whereas freedom of movement for workers should be secured within
the Community by the end of the transitional period at the latest;whereas the attainment of this objective entails the abolition of anydiscrimination based on nationality between workers of the MemberStates as regards employment, remuneration and other conditions ofwork and employment, as well as the right of such workers to movefreely within the Community in order to pursue activities as employedpersons subject to any limitations justified on grounds of public policy,public security or public health;
Whereas by reason in particular of the early establishment of the
customs union and in order to ensure the simultaneous completion ofthe principal foundations of the Community, provisions should beadopted to enable the objectives laid down in Articles 48 and 49 of theTreaty in the field of freedom of movement to be achieved and toperfect measures adopted successively under Regulation No 15 (
3)o n
the first steps for attainment of freedom of movement and underCouncil Regulation No ►
C138/64/EEC ◄(4) of 25 March 1964 on
freedom of movement for workers within the Community;
Whereas freedom of movement constitutes a fundamental right of
workers and their families; whereas mobility of labour within theCommunity must be one of the means by which the worker is guaran-teed the possibility of improving his living and working conditions andpromoting his social advancement, while helping to satisfy the require-ments of the economies of the Member States; whereas the right of allworkers in the Member States to pursue the activity of their choicewithin the Community should be affirmed;
Whereas such right must be enjoyed without discrimination by perma-
nent, seasonal and frontier workers and by those who pursue theiractivities for the purpose of providing services;
Whereas the right of freedom of movement, in order that it may be
exercised, by objective standards, in freedom and dignity, requires thatequality of treatment shall be ensured in fact and in law in respect of allmatters relating to the actual pursuit of activities as employed personsand to eligibility forhousing, and also that obstacles to the mobility ofworkers shall be eliminated, in particular as regards the worker’s rightto be joined by his family and the conditions forthe integr ation of thatfamily into the host country;
Whereas the principle of non-discrimination between Community
workers entails that all nationals of Member States have the samepriority as regards employment as is enjoyed by national workers;
Whereas it is necessary to strengthen the machinery for vacancy clear-
ance, in particular by developing direct co-operation between the centralemployment services and also between the regional services, as well as
(1) OJ No 268, 6.11.1967, p. 9.
(2) OJ No 298, 7.12.1967, p. 10.
(3) OJ No 57, 26.8.1961, p. 1073/61.
(4) OJ No 62, 17.4.1964, p. 965/64.
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by increasing and co-ordinating the exchange of information in order to
ensure in a general way a clearer picture of the labour market; whereasworkers wishing to move should also be regularly informed of livingand working conditions; whereas, furthermore, measures should beprovided for the case where a Member State undergoes or foreseesdisturbances on its labour market which may seriously threaten thestandard of living and level of employment in a region or an industry;whereas for this purpose the exchange of information, aimed at discour-aging workers from moving to such a region or industry, constitutes themethod to be applied in the first place but, where necessary, it should bepossible to strengthen the results of such exchange of information bytemporarily suspending the abovementioned machinery, any suchdecision to be taken at Community level;
Whereas close links exist between freedom of movement for workers,
employment and vocational training, particularly where the latter aimsat putting workers in a position to take up offers of employment fromother regions of the Community; whereas such links make it necessarythat the problems arising in this connection should no longer be studiedin isolation but viewed as inter-dependent, account also being taken ofthe problems of employment at the regional level; and whereas it istherefore necessary to direct the efforts of Member States toward co-ordinating their employment policies at Community level;
Whereas the Council, by its Decision of 15 October 1968 (
1) made
Articles 48 and 49 of the Treaty and also the measures taken inimplementation thereof applicable to the French overseas departments;
HAS ADOPTED THIS REGULATION:
PART I
EMPLOYMENT AND WORKERS’ FAMILIES
TITLE I
Eligibility for employment
Article 1
1. Any national of a Member State, shall, irrespective of his place of
residence, have the right to take up an activity as an employed person,and to pursue such activity, within the territory of another Member Statein accordance with the provisions laid down by law, regulation oradministrative action governing the employment of nationals of thatState.
2. He shall, in particular, have the right to take up available employ-
ment in the territory of another Member State with the same priority asnationals of that State.
Article 2
Any national of a MemberState and any employerpur suing an activity
in the territory of a Member State may exchange their applications forand offers of employment, and may conclude and perform contracts ofemployment in accordance with the provisions in force laid down bylaw, regulation or administrative action, without any discriminationresulting therefrom.
Article 3
1. Under this Regulation, provisions laid down by law, regulation or
administrative action or administrative practices of a Member Stateshall not apply:
(1) OJ No L 257, 19.10.1968, p. 1.
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— where they limit application for and offers of employment, or the
right of foreign nationals to take up and pursue employment orsubject these to conditions not applicable in respect of their ownnationals; or
— where, though applicable irrespective of nationality, their exclusive
orpr incipal aim oreffect is to keep nationals of otherMemberStates away from the employment offered.
This provision shall not apply to conditions relating to linguistic knowl-
edge required by reason of the nature of the post to be filled.
2. There shall be included in particular among the provisions or
practices of a Member State referred to in the first subparagraph ofparagraph 1 those which:
(a) prescribe a special recruitment procedure for foreign nationals;
(b) limit or restrict the advertising of vacancies in the press or through
any othermedium orsubject it to conditions otherthan thoseapplicable in respect of employers pursuing their activities in theterritory of that Member State;
(c) subject eligibility for employment to conditions of registration with
employment offices or impede recruitment of individual workers,where persons who do not reside in the territory of that State areconcerned.
Article 4
1. Provisions laid down by law, regulation or administrative action of
the Member States which restrict by number or percentage the employ-ment of foreign nationals in any undertaking, branch of activity orregion, or at a national level, shall not apply to nationals of the otherMemberStates.
2. When in a Member State the granting of any benefit to undertak-
ings is subject to a minimum percentage of national workers beingemployed, nationals of the otherMemberStates shall be counted asnational workers, subject to the provisions of the Council Directive of15 October1963 (
1).
Article 5
A national of a Member State who seeks employment in the territory of
another Member State shall receive the same assistance there as thatafforded by the employment offices in that State to their own nationalsseeking employment.
Article 6
1. The engagement and recruitment of a national of one Member
State fora post in anotherMemberState shall not depend on medical,vocational or other criteria which are discriminatory on grounds ofnationality by comparison with those applied to nationals of the otherMemberState who wish to pur sue the same activity.
2. Nevertheless, a national who holds an offer in his name from an
employerin a MemberState otherthan that of which he is a nationalmay have to undergo a vocational test, if the employer expresslyrequests this when making his offer of employment.
TITLE II
Employment and equality of treatment
Article 7
1. A wor kerwho is a national of a MemberState may not, in the
territory of another Member State, be treated differently from nationalworkers by reason of his nationality in respect of any conditions of
(1) OJ No 159, 2. 11. 1963, p. 2661/63.
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employment and work, in particular as regards remuneration, dismissal,
and should he become unemployed, reinstatement or re-employment;
2. He shall enjoy the same social and tax advantages as national
workers.
3. He shall also, by virtue of the same right and under the same
conditions as national workers, have access to training in vocationalschools and retraining centres.
4. Any clause of a collective orindividual agr eement orof any other
collective regulation concerning eligibility for employment, employ-ment, remuneration and other conditions of work or dismissal shall benull and void in so far as it lays down or authorises discriminatoryconditions in respect of workers who are nationals of the other MemberStates.
Article 8
1. A wor kerwho is a national of a MemberState and who is
employed in the territory of another Member State shall enjoy equalityof treatment as regards membership of trade unions and the exercise ofrights attaching thereto, including the right to vote ►
M1and to be
eligible forthe administr ation ormanagement posts of a tr ade union ◄;
he may be excluded from taking part in the management of bodiesgoverned by public law and from holding an office governed by publiclaw. Furthermore, he shall have the right of eligibility for workers’representative bodies in the undertaking. The provisions of this Articleshall not affect laws or regulations in certain Member States whichgrant more extensive rights to workers coming from the other MemberStates.
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Article 9
1. A wor kerwho is a national of a MemberState and who is
employed in the territory of another Member State shall enjoy all therights and benefits accorded to national workers in matters of housing,including ownership of the housing he needs.
2. Such a worker may, with the same right as nationals, put his name
down on the housing lists in the region in which he is employed, wheresuch lists exist; he shall enjoy the resultant benefits and priorities.
If his family has remained in the country whence he came, they shall be
considered for this purpose as residing in the said region, where nationalworkers benefit from a similar presumption.
TITLE III
Workers’ families
Article 10
1. The following shall, irrespective of their nationality, have the right
to install themselves with a worker who is a national of one MemberState and who is employed in the territory of another Member State:
(a) his spouse and theirdescendants who ar e underthe age of 21 year s
orar e dependants;
(b) dependent relatives in the ascending line of the worker and his
spouse.
2. MemberStates shall facilitate the admission of any memberof the
family not coming within the provisions of paragraph 1 if dependent onthe worker referred to above or living under his roof in the countrywhence he comes.
3. For the purposes of paragraphs 1 and 2, the worker must have
available for his family housing considered as normal for nationalworkers in the region where he is employed; this provision, however
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must not give rise to discrimination between national workers and
workers from the other Member States.
Article 11
Where a national of a Member State is pursuing an activity as an
employed or self-employed person in the territory of another MemberState, his spouse and those of the children who are under the age of 21years or dependent on him shall have the right to take up any activity asan employed person throughout the territory of that same State, even ifthey are not nationals of any Member State.
Article 12
The children of a national of a Member State who is or has been
employed in the territory of another Member State shall be admitted tothat State’s general educational, apprenticeship and vocational trainingcourses under the same conditions as the nationals of that State, if suchchildren are residing in its territory.
Member States shall encourage all efforts to enable such children to
attend these courses under the best possible conditions.
PART II
CLEARANCE OF VACANCIES AND APPLICATIONS FOR EMPLOY-
MENT
TITLE I
Cooperation between the Member States and with the Commission
Article 13
1. The MemberStates orthe Commission shall instigate ortogether
undertake any study of employment or unemployment which theyconsider necessary for securing freedom of movement for workerswithin the Community.
The central employment services of the Member States shall co-operate
closely with each otherand with the Commission with a view to actingjointly as regards the clearing of vacancies and applications for employ-ment within the Community and the resultant placing of workers inemployment.
2. To this end the MemberStates shall designate specialist ser vices
which shall be entrusted with organising work in the fields referred toabove and co-operating with each other and with the departments of theCommission.
The MemberStates shall notify the Commission of any change in the
designation of such services; the Commission shall publish detailsthereof for information in the Official Journal of the European
Communities .
Article 14
1. The MemberStates shall send to the Commission infor mation on
problems arising in connection with the freedom of movement andemployment of workers and particulars of the state and development ofemployment ►
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2. The Commission, taking the utmost account of the opinion of theTechnical Committee, shall determine the manner in which the informa-tion referred to in paragraph 1 is to be drawn up.
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3. In accordance with the procedure laid down by the Commission►
M2taking the utmost account of the opinion of the Technical
Committee ◄the specialist service of each Member State shall send to
the specialist ser vices of the otherMemberStates and to the Eur opeanCoordination Office such information concerning living and working
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conditions and the state of the labourmar ket as is likely to be of
guidance to workers from the other Member States. Such informationshall be brought up to date regularly.
The specialist services of the other Member States shall ensure that
wide publicity is given to such information, in particular by circulatingit among the appropriate employment services and by all suitable meansof communication for informing the workers concerned.
TITLE II
Machinery for vacancy clearance
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Article 15
1. The specialist service of each Member State shall regularly send to
the specialist ser vices of the otherMemberStates and to the Eur opeanCoordination Office:
(a) details of vacancies which could be filled by nationals of other
MemberStates;
(b) details of vacancies addressed to non-Member States,
(c) details of applications foremployment by those who have for mally
expressed a wish to work in another Member State;
(d) information, by region and by branch of activity, on applicants who
have declared themselves actually willing to accept employment inanothercountr y.
The specialist service of each Member State shall forward this informa-
tion to the appropriate employment services and agencies as soon aspossible.
2. The details of vacancies and applications referred to in paragraph
1 shall be circulated according to a uniform system to be established bythe European Coordination Office in collaboration with the TechnicalCommittee.
If necessary, the European Coordination Office may adapt this system
in collaboration with the Technical Committee
Article 16
1. Any vacancy within the meaning of Article 15 communicated to
the employment services of a Member State shall be notified to andprocessed by the competent employment services of the other MemberStates concerned.
Such services shall forward to the services of the first Member State the
details of suitable applications.
2. The applications for employment referred to in Article 15 (1) (c)
shall be responded to by the relevant services of the Member Stateswithin a reasonable period, not exceeding one month.
3. The employment services shall grant workers who are nationals of
the Member States the same priority as the relevant measures grant tonationalsvis-à-vis workers from non-Member States.
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Article 17
1. The provisions of Article 16 shall be implemented by the
specialist services. However, in so far as they have been authorised bythe central services and in so far as the organisation of the employmentservices of a Member State and the placing techniques employed makeit possible:
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(a) the regional employment services of the Member States shall:
(i) on the basis of the ►M2details◄referred to in Article 15,
on which appropriate action will be taken, directly bringtogetherand clearvacancies and applications foremployment;
(ii) establish direct relations for clearance:
— of vacancies offered to a named worker;— of individual applications foremployment sent eitherto a
specific employment ser vice orto an employerpur suing hisactivity within the area covered by such a service;
— where the clearing operations concern seasonal workers
who must be recruited as quickly as possible;
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(b) the services territorially responsible for the border regions of two or
more Member States shall regularly exchange data relating tovacancies and applications foremployment in theirar ea and, actingin accordance with their arrangements with the other employmentservices of their countries, shall directly bring together and clearvacancies and applications foremployment.
If necessary, the services territorially responsible for border regions
shall also set up cooperation and service structures to provide:
— users with as much practical information as possible on the
various aspects of mobility, and
— management and labour, social services (in particular public,
private or those of public interest) and all institutions concerned,with a framework of coordinated measures relating to mobility;
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(c) official employment services which specialise in certain occupa-
tions or specific categories of persons shall cooperate directly witheach other.
2. The Member States concerned shall forward to the Commission
the list, drawn up by common accord, of services referred to in para-graph 1; the Commission shall publish such list, and any amendmentthereto, in the Official Journal of the European Communities .
Article 18
Adoption of recruiting procedures as applied by the implementing
bodies pr ovided forunderagr eemeents concluded between two ormor eMemberStates shall not be obligator y.
TITLE III
Measures for controlling the balance of the labour market
Article 19
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1. On the basis of a report from the Commission drawn up frominfor mation supplied by the MemberStates, the latterand the Commis-sion shall at least once a yearanalyse jointly the r esults of Communityarrangements regarding vacancies and applications.
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2. The MemberStates shall examine with the Commission all thepossibilities of giving priority to nationals of Member States whenfilling employment vacancies in order to achieve a balance betweenvacancies and applications foremployment within the Community.They shall adopt all measures necessary for this purpose.
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3. Every two years the Commission shall submit a report to theEuropean Parliament, the Council and the Economic and SocialCommittee on the implementation of Part II of this Regulation, summar-izing the information required and the data obtained from the studiesand research carried out and highlighting any useful points with regardto developments on the Community’s labourmar ket.
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TITLE IV
European Co-ordination Office
Article 21
The European Office for Co-ordinating the Clerance of Vacancies and
Applications forEmployment, established within the Commission(called in this Regulation the ‘European Coordination Office'), shallhave the general task of promoting vacancy clearance at Communitylevel. It shall be responsible in particular for all the technical duties inthis field which, under the provisions of this Regulation, are assigned tothe Commission, and especially forassisting the national employmentservices.
It shall summarise the information referred to in Articles 14 and 15 and
the data arising out of the studies and research carried out pursuant toArticle 13, so as to bring to light any useful facts about foreseeabledevelopments on the Community labourmar ket; such facts shall becommunicated to the specialist services of the Member States and to theAdvisory and Technical Committees.
Article 22
1. The European Coordination Office shall be responsible, in partic-
ular, for:
(a) co-ordinating the practical measures necessary for vacancy clear-
ance at Community level and foranalysing the r esulting movementsof workers;
(b) contributing to such objectives by implementing, in cooperation
with the Technical Committee, joint methods of action at adminis-trative and technical levels;
(c) carrying out, where a special need arises, and in agreement with the
specialist services, the bringing together of vacancies and applica-tions foremployment forclear ance by these specialist ser vices.
2. It shall communicate to the specialist services vacancies and
applications foremployment sent dir ectly to the Commission, and shallbe informed of the action taken thereon.
Article 23
The Commission may, in agreement with the competent authority of
each Member State, and in accordance with the conditions and proced-ures which it shall determine on the basis of the Opinion of theTechnical Committee, organise visits and assignments for officials ofotherMemberStates, and also advanced pr ogr ammes forspecialistpersonnel.
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PART III
COMMITTEES FOR ENSURING CLOSE CO-OPERATION BETWEEN
THE MEMBER STATES IN MATTERS CONCERNING THE FREEDOM
OF MOVEMENT OF WORKERS AND THEIR EMPLOYMENT
TITLE I
The Advisory Committee
Article 24
The Advisory Committee shall be responsible for assiting the Commis-
sion in the examination of any questions arising from the application ofthe Treaty and measures taken in pursuance thereof, in mattersconcerning the freedom of movement of workers and their employment.
Article 25
The Advisory Committee shall be responsible in particular for:
(a) examining problems concerning freedom of movement and employ-
ment within the framework of national manpower policies, with aview to co-ordinating the employment policies of the MemberStates at Community level, thus contributing to the development ofthe economies and to an improved balance of the labour market;
(b) making a general study of the effects of implementing this Regula-
tion and any supplementary measures;
(c) submitting to the Commission any reasoned proposals for revising
this Regulation;
(d) delivering, either at the request of the Commission or on its own
initiative, reasoned opinions on general questions or on questions ofprinciple, in particular on exchange of information concerningdevelopments in the labour market, on the movement of workersbetween Member States, on programmes or measures to developvocational guidance and vocational training which are likely toincrease the possibilities of freedom of movement and employment,and on all forms of assistance to workers and their families,including social assistance and the housing of workers.
Article 26
1. The Advisory Committee shall be composed of six members for
each Member State, two of whom shall represent the Government, twothe trade unions and two the employers’ associations.
2. For each of the categories referred to in paragraph 1, one alternate
membershall be appointed by each MemberState.
3. The term of office of the members and their alternates shall be two
years. Their appointments shall be renewable.
On expiry of their term of office, the members and their alternates shall
remain in office until replaced or until their appointments are renewed.
Article 27
The members of the Advisory Committee and their alternates shall be
appointed by the Council which shall endeavour, when selecting repre-sentatives of trade unions and employers’ associations, to achieveadequate representation on the Committee of the various economicsectors concerned.
The list of members and their alternates shall be published by the
Council forinfor mation in the Official Journal of the European
Communities .
Article 28
The Advisory Committee shall be chaired by a member of the Commis-
sion or his alternate. The Chairman shall not vote. The Committee shallmeet at least twice a year. It shall be convened by its Chairman, either
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on his own initiative, or at the request of at least one third of themembers. Secretarial services shall be provided for the Committee bythe Commission.
Article 29
The Chairman may invite individuals or representatives of bodies with
wide experience in the field of employment or movement of workers totake part in meetings as observers or as experts. The Chairman may beassisted by expert advisers.
Article 30
1. An opinion delivered by the Committee shall not be valid unless
two-thirds of the members are present.
2. Opinions shall state the reasons on which they are based; they
shall be delivered by an absolute majority of the votes validly cast; theyshall be accompanied by a written statement of the views expressed bythe minority, when the latter so requests.
Article 31
The Advisory Committee shall establish its working methods by rules
of procedure which shall enter into force after the Council, havingreceived an opinion from the Commission, has given its approval. Theentry into force of any amendment that the Committee decides to makethereto shall be subject to the same procedure.
TITLE II
The Technical Committee
Article 32
The Technical Committee shall be responsible for assisting the
Commission to prepare, promote and follow up all technical work andmeasures for giving effect to this Regulation and any supplementarymeasures.
Article 33
The Technical Committee shall be responsible in particular for:
(a) promoting and advancing cooperation between the public authori-
ties concerned in the Member States on all technical questionsrelating to freedom of movement of workers and their employment;
(b) formulating procedures for the organisation of the joint activities of
the public authorities concerned;
(c) facilitating the gathering of information likely to be of use to the
Commission and for the studies and research provided for in thisRegulation, and encouraging exchange of information and experi-ence between the administrative bodies concerned;
(d) investigating at a technical level the harmonisation of the criteria by
which MemberStates assess the state of theirlabourmar kets.
Article 34
1. The Technical Committee shall be composed of representatives of
the Governments of the Member States. Each Government shall appointas memberof the Technical Committee one of the member s whorepresent it on the Advisory Committee.
2. Each Government shall appoint an alternate from among its other
representatives — members or alternates — on the AdvisoryCommittee.
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Article 35
The Technical Committee shall be chaired by a member of the Commis-
sion or his representative. The Chairman shall not vote. The Chairmanand the members of the Committee may be assisted by expert advisers.
Secretarial services shall be provided for the Committee by the
Commission.
Article 36
The proposals and opinions formulated by the Technical Committee
shall be submitted to the Commission, and the Advisory Committeeshall be informed thereof. Any such proposals and opinions shall beaccompanied by a written statement of the views expressed by thevarious members of the Technical Committee, when the latter sorequests.
Article 37
The Technical Committee shall establish its working methods by rules
of procedure which shall enter into force after the Council, havingreceived an opinion from the Commission, has given its approval. Theentry into force of any amendment which the Committee decides tomake thereto shall be subject to the same procedure.
PART IV
TRANSITIONAL AND FINAL PROVISIONS
TITLE I
Transitional provisions
Article 38
Until the adoption by the Commission of the uniform system referred to
in Article 15 (2), the European Coordination Office shall propose anymeasures likely to be of use in drawing up and circulating the returnsreferred to in Article 15 (1).
Article 39
The rules of procedure of the Advisory Committee and the Technical
Committee in force at the time of entry into force of this Regulationshall continue to apply.
Article 40
Until the entry into force of the measures to be taken by Member States
in pursuance of the Council Directive of 15 October 1968 (
1) and where,
underthe measur es taken by the MemberStates in pur suance of theCouncil Directive of 25 March 1964 (
2) the work permit provided for in
Article 22 of Regulation No 38/64/EEC is necessary to determine theperiod of validity and extension of the residence permit, written confir-mation of engagement from the employer or a certificate of employmentstating the period of employment may be substituted for such a workpermit. Any written confirmation by the employer or certificate ofemployment showing that the wor kerhas been engaged foran indefiniteperiod shall have the same effect as that of a permanent work permit.
Article 41
If, by reason of the abolition of the work permit, a Member State can no
longer compile certain statistics on the employment of foreign nationals,such a Member State may, for statistical purposes, retain the workpermit in respect of nationals of the other Member States until new
(1) OJ No L 257, 19. 10. 1968, p. 13.
(2) OJ No 62, 17. 4. 1964, p. 981/64.
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statistical methods are introduced, but no later than 31 December 1969.The work permit must be issued automatically and must be valid untilthe actual abolition of work permits in such a Member State.
TITLE II
Final provisions
Article 42
1. This Regulation shall not affect the provisions of the Treaty estab-
lishing the European Coal and Steel Community which relate toworkers with recognised qualifications in coalmining or steelmaking,nor those of the Treaty establishing the European Atomic EnergyCommunity which deal with eligibility forskilled employment in thefield of nuclear energy, nor any measures taken in pursuance of thoseTreaties.
Nevertheless, this Regulation shall apply to categories of workers
referred to in the first subparagraph and to members of their families inso faras theirlegal position is not gover ned by the above-mentionedTreaties or measures.
2. This Regulation shall not affect measures taken in accordance with
Article 51 of the Treaty.
3. This Regulation shall not affect the obligations of MemberStates
arising out of:
— special relations or future agreements with certain non-European
countries or territories, based on institutional ties existing at the timeof the entry into force of this Regulation; or
— agreements in existence at the time of the entry into force of this
Regulation with certain non-European countries or territories, basedon institutional ties between them.
Workers from such countries or territories who, in accordance with this
provision, are pursuing activities as employed persons in the territory ofone of those MemberStates may not invoke the benefit of the pr ovi-sions of this Regulation in the territory of the other Member States.
Article 43
MemberStates shall, forinfor mation pur poses, communicate to the
Commission the texts of agreements, conventions or arrangementsconcluded between them in the manpowerfield between the date oftheirbeing signed and that of theirentr y into for ce.
Article 44
The Commission shall adopt measures pursuant to this Regulation for
its implementation. To this end it shall act in close cooperation with thecentral public authorities of the Member States.
Article 45
The Commission shall submit to the Council proposals aimed at abol-
ishing, in accordance with the conditions of the Treaty, restrictions oneligibility for employment of workers who are nationals of MemberStates, where the absence of mutual recognition of diplomas, certificatesor other evidence of formal qualifications may prevent freedom ofmovement for workers.
Article 46
The administrative expenditure of the Committees referred to in Part III
shall be included in the budget of the European Communities in thesection relating to the Commission.
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Article 47
This Regulation shall apply to the territories of the Member States and
to their nationals, without prejudice to Articles 2, 3, 10 and 11.
Article 48
Regulation No 38/64/EEC shall cease to have effect when this Regula-
tion enters into force.
This Regulation shall be binding in its entirety and directly applicable in
all MemberStates.
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