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COM (83) 113 
 
 
 
Vol. 1983/0035 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening to the public of the historical archives of the European Econom ic 
Communit y and the European Atom ic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
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file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februa r 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
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COMMISSION 
OF THE 
iUROPEAN  COMMUNITIES 
General Secretariat COM(83)  113 final 
Brussels,  14  M arch 1983. 
FOR OFFICIAL  USE  ONLY 
NEGOTIATIONS FOR THE ACCESSION OF PORTUGAL TO THE COMMUNITY 
PROPOSALS  CONCERNING THE SOCIAL AFFAIRS CHAPTER 
(Communication from the Commission to the Council) 
C0M(83)  113 final 

PART A 
INTRODUCTION 
1. Negotiations  on the  social chapter  began with the statement  by the 
Portuguese Delegation  of 7 December  1979 1» which was followed  by the 
2 
Community  statement  of 27 June  1980 .  These statements  set out the 
respective  starting  positions  and the  main issues.  In the  meantime, 
on 12 March  1980"^, the  Commission  had presented  detailed  proposals  to 
the Council  on the  transitional  measures  needed to resolve  all the major 
problems  in this chapter. 
Since then the negotiations  have continued  by exchanges  of statements^ 
spelling  out more  precisely  the positions  of the two  sides, which are 
still very far apart. 
The Commission's proposals  were not accepted  by the  Council  on a number 
of significant  points. 
2. Taking  into account  the latest statements  made by the two  delegations 
on 25 January  1983, at the 11th  meeting of'  the Conference  at ministerial 
level, the positions  of the two  sides may be  summarized  as follows: 
2.1 Freedom  of movement for  workers 
The Commission proposal  of 12 March  1980, while conceding  the need for 
transitional  measures,  was aimed at establishing  freedom  of movement for 
Portuguese workers  progressively  in three stages, over  a total transitional 
period of between  seven years  (on the  basis of the  precedent  established  in 
the case of Greece)  and ten  years (the  maximum  put forward  by the  Commission 
in the "Fresco"  for any  transitional  period).  This proposal  by the  Commission 
was rejected  unanimously  by the  Council.  The Community  position  set out 
below not only does not reflect  the Commission  proposal,  therefore,  but was 
the subject  of express  reservations  expressed  by the  Commission  at the  Council 
meetings  of 27 October  1981 and 24  January  this year. 
^CONF-P/34/79. 
,CONF-P/35/80. 
•^C0M(80)103  final. 
Portuguese statements  of 29 April  1981 (CONF-P/9/81), 13  July  1981 
(CONF-P/9/81 Add. 1), 29  January  1982 (CONF-P/5/82) and 25  January  1983 
(CONF-P/7/83), and the Community  statements  of 27 October  1981 (CONF-P/34/81) 
and 25 January  1983 (CONF-P/6/83). 

- 2 -
(a) £ommunity_ £o_sit_ion 
Portuguese  workers  "occupying  a regular  and permanent  job in the 
territory  of a Member  State at the  time of accession,  or thereafter  by 
virtue of a permit,"  would be entitled  as from accession  to equal 
treatment  on the same  basis as nationals  as regards  employment.  The 
members of the  family of such workers  would also be entitled  to equal 
treatment,  but their right to free access  to employment  would be subject 
to a period of regular residence  of three years. After  not less than 
three years  from accession,  this period of residence  would be reduced  by 
half, i.e. to 18 months.  Not  less than five years after accession,  the 
members of the  worker's  family  would be entitled  to free access  to 
employment  without conditions  as to the  period of residence,  in other 
words the acquis communautaire  would be applied  to them in full. 
These arrangements  would not apply in their entirety  to Luxembourg, 
however.  A derogation  would be accorded  to that Member  State whereby 
the national provisions regarding access  to employment  and change of 
employment  applicable  on its territory  to Portuguese  workers  and their 
families  on the  date on which the treaty of accession  was signed,  would 
remain in force for  a period to be "determined  at a later stage , 
on the understanding that  the provisions  on change of employment 
will be gradually relaxed" during  the period in question  and abolished 
on its expiry  at the  latest (CONF-P/6/83,  page  8, point  6). Although 
the Community  has not  made a proposal  to Portugal  on the  duration  of 
this derogation,  the Council recorded  in the  minutes  of its meeting  on 
24 January  a joint declaration  to the  effect that the Grand Duchy of 
Luxembourg  would be accorded  the derogation for  a period of ten  years. 
Portuguese  workers  not occupying  a job in a Member  State at the  date of 
accession  would not be  entitled  to free access  to employment  until seven 
years after accession,  at the  earliest.  The Community  has not yet 
taken a decision  on the  exact duration  of this transitional  arrangement. 
During the transitional  period the Member  States would continue  to apply 
to Portuguese  workers  the national rules  on immigration  and access to 
employment  applicable  to them at the  date of accession.  However,  "the 

- 3 -
present Member  States  shall, when they have recourse  to labour originating 
in third countries  which do not  belong to their regular labour  market . 
grant Portuguese  nationals  the same  priority  as nationals  of the  other 
Member States".  (CONF-p/6/83,  page 7i first paragraph). 
(b) Pos_it_i£n_of  the Portu^ue£e__De_legation 
The Portuguese  Delegation*s basio  position  is that the acquis communautaire 
should apply  as from accession.  In its latest statement  of 25 January, 
however,  the Portuguese  Delegation stated that it  was ready to seek suitable 
solutions  with a view to an overall  balance in  this chapter  (CONF-p/7/83, 
point 2). On the  other hand, it regards  as unacceptable  the derogation 
in respect  of Luxembourg  referred  to above (CONF-P/7/83,  point 6, fourth 
paragraph). 
2.2 Sooial  security  for migrant  workers 
The system of family benefits  to be applied  to members of the  Portuguese 
migrant worker's  family resident  in a Member  State other than that  in 
which the worker is employed  is the only point  still to be settled  in the 
field of sooial security  for migrant  workers.  The Portuguese  Delegation 
is calling  for the application  in full of the  acquis as from accession, 
whereas "the Community  reserves  the right to return to this topic at a 
later stage in the  negotiations"  (COHF-P/6/83,  page 10, point 2). 
2.3 European  Social Fund 
Only one point remains  to be resolved,  namely the Portuguese  request that 
the entire country  be regarded  as a priority  region for  the ESP and  that, 
as a result, the whole country should  qualify  for the higher rate  of Fund 
intervention  (55$ instead  of 50%)  if, following  the review of the ESP 
currently  in progress,  a higher rate  were to be retained. 

_ 4 -
The Community  "considers that in  view of the above review,  which has 
yet to take place, it  would be premature  at this juncture to take a 
decision  on the  Portuguese  Delegation's requests"  (CONF-P/6/83,  page  13f 
first paragraph). 
3. At this stage in the negotiations on the  social  chapter, the  Commission 
considers it appropriate, given the gap  between  the two sides' positions 
and in view of the  fact that the  Portuguese  Delegation has stated its 
readiness to  seek suitable solutions aiming at an  overall  balance  in this 
chapter, to present to the Council new proposals with the objective of 
bringing  the Community  and Portuguese  positions closer together. 
In this communication,  the Commission's  proposals deal in turn with the 
following  points: 
- freedom  of movement  for workers  (see point I  below); 
- social  security for  migrant  workers  (see point II  below); 
- the European  Social  Fund (see point III  below); 
- other aspects of the  Community's  social  policy  (see point IV  below). 
Although  presented separately by subject, these  Commission  proposals  must 
be seen as a whole,  i.e. as an  overall  compromise  on the whole of the 
social chapter of the accession negotiations. 

- 5 -
PART B 
COMMISSION PROPOSALS 
I. FREEDOM OF  MOVEMENT  FOR WORKERS 
1. The statements  made by the two  sides at the 11th  meeting  of the 
Conference  at ministerial  level on 25 January  this year regarding 
freedom of movement  for workers  widened  still further  the gap  between 
the positions  of the two  delegations  by comparison with  the situation 
resulting  from the Community  statement  of 2^ October  1981. 
In particular  the Portuguese Delegation, while  reaffirming  its readiness 
to seek balanced  compromise  solutions,  regarded  as unacceptable  the 
special treatment requested  by the  Grand Duchy of Luxembourg  concerning 
access to employment  and change of employment  by Portuguese  nationals. 
The delegation considered  that the arrangements  for Portuguese  workers 
should be the same in  all the Member  States,  even under the transitional 
measures. 
2. It is to be feared,  moreover,  that the gap  will widen further when 
the Community  is obliged, pursuant  to the  declaration  recorded  in the 
minutes of the  Council meeting  of 24 January  1983, to  propose to the 
Portuguese Delegation  that the Grand Duchy of Luxembourg  be accorded 
special treatment for ten years  after the date of accession,  irrespective 
of the period of application  of the  transitional  measures  for other 
Member States. 
3. The Commission  wishes to draw attention  to the  statement it  made on 
that occasion,  in which it disagreed with  the position  of the Member 
States,  especially  as regards  this issue. 
Accordingly,  it considers  that the grant of compensation  in areas 
other than that of freedom of movement  for workers,  leaving  the present 
Community  position  on the  latter unchanged,  could not constitute  a 
balanced  compromise  formula capable  of securing  the agreement  of 
the parties  concerned. 

- 6 -
The Commission  bases its viewpoint on two obvious considerations: 
first, the importance  attached by Portugal to  this field and, secondly, 
the fundamental  character of  freedom  of movement  for workers  as one of 
the foundations of the  common market. 
4· It is  essential,  therefore, to  seek a compromise  solution  in the 
field of freedom  of movement  for workers  itself,  and the  Commission's 
view is that the  joint declaration  annexed  to the 1972 and 1979 Acts of 
Accession - and  which the Community  has proposed  be annexed  to the  final 
act of the instruments of Portugal's accession - points in the  right 
direction* 
As the solution,  which must secure the  agreement  of all the  parties 
concerned,  relates  solely to the  transitional  period and  must also take 
account of  Luxembourg's  request, the  Commission  considers that for the 
duration  of the  transitional  period the  scope of the  joint declaration 
should be strengthened by the  inclusion  of a safeguard clause in respect 
of the Grand Duchy of Luxembourg,  worded on the  lines of the safeguard 
olauses contained in  Article  226 of the EEC Treaty and  Articles  135 and 130 
2 
of the 1972 and 1979 Acts of Acoession  respectively  . 
5. This  approach  would also have the merit: 
(i) of following the  traditional  procedures  adopted  by the Community  to 
deal with serious  situations  during a  transitional  period, with the 
Commission  being empowered  to play its appointed  role in the Community 
decision-making process and endeavouring to  remove  any difficulties 
encountered by a  Member  State which are preventing the  smooth development 
of the common market; 
(ii) of assuring all the  parties  concerned that any safeguard  measures  which 
prove necessary  will be adopted,  but will not go beyond  the objective  pursued. 
Point  1.5 of the  Community  statement on  Social  Affairs: 
"The enlargement  of the Community  could give  rise to certain  difficulties 
for the social  situation  in one or  more Member States as regards the 
application  of the provisions  relating  to the  free movement  of workers. 
The Member  States declare that they reserve the  right, should  difficulties 
of that nature  arise, to bring the  matter  before the  institutions  of the 
Community  in order to obtain a  solution  to this problem  in accordance 
with the provisions of the Treaties  establishing  the European  Communities 
and the provisions  adopted  in application  thereof." 
See the  draft text annexed  hereto replacing paragraph 1.6 of the  Community 
statement of 25 January 1983. 

- 7 -
6. The  Commission  considers  thai; the period of  validity  of the transitional 
measures  constitutes  the second point on which a compromise  should he based. 
It will be recalled  that in its proposal^  the Commission  had suggested  that 
freedom of movement  for workers  be established progressively  in three successive 
stages, within  an overall  period of between  seven and ten  years. 
Although  this approach  incorporated  the kind of flexibility  needed for 
responding  to unforeseeable  situations  on the  labour market,  the Council 
rejected  it and opted for the more  rigid solution  adopted  in the  context of 
Greece's  accession. 
7. The  Commission  considers that if  the solution outlined  in the  Community's 
statement  of 25 January  and adjusted  as regards the Grand Duchy of Luxembourg 
by the proposal  set out in  point  5 above is to be  acceptable  to Portugal, 
the period  of application for all  the transitional  measures  should be the 
same as  that set in  respect of freedom  of movement  for workers  between 
Greece and the  other Member  States. 
There are no  relevant  arguments  available  to the  Community  in order to 
convince Portugal that  the Community  should follow  the solution  adopted 
in the case of Greece  with regard  to the  content of the  transitional  measures 
but depart  from it when fixing the period of application. 
8. Conclusions 
The Commission  considers that  the Community  could present  the following 
proposal  to Portugal  as part of.a  balanced'compromise  in the  field of 
freedom of movement  for workers: 
(a) with regard  to the  content of the  transitional  measures,  the "Greek model" 
will be supplemented  by a specific  safeguard clause regarding  the Grand Duchy 
of Luxembourg,  worded on the  lines of those contained  in the EEC  Treaty 
(Article  226) and the 1972 and 1979  Acts of Accession  (Articles  135 and 13° 
respectively). 
C0M(80)103  final,  12 March  1980. 

- 8 -
(b) with regard  to the  period of application  of the  transitional 
measures: 
(i) for seven years the Member  States  will have the option of 
maintaining  their national rules  making any immigration with  a 
view to taking up paid employment  and/or  access to paid 
employment  subject  to prior authorization; 
(ii) for seven years the Grand Duchy of Luxembourg  may have recourse 
to the safeguard clause; 
(iii) Article  11 of  Regulation  (EEC) No 1612/68  (freedom  of access to 
employment  for members of the  worker's  family)  will not apply 
until after  five years; 
(iv) three  years after accession  the three—year period  of regular 
residence required  of members of the  worker's  family as a 
condition  of entitlement  to free access to employment  will be 
reduced to 18 months. 

- 9 -
II. SOCIAL  SECURITY  FOR MIGRANT  WORKERS  
General 
1. As from accession,  Article  51 of the EEC  Treaty  has to he 
implemented  and the  Regulations  deriving  from it have to be applied 
to Portuguese  territory,  nationals and  legislation. 
2. The numerous  technical  adaptations  which have to be made to 
certain  provisions and to the  Annexes  to the Council  Regulations  on 
the application of the  social  security  schemes  to employed  and 
self-employed  persons,  and members  of their families,  moving 
within the  Community  will be established in the  context  of the 
examination  now being  carried out of  secondary  legislation  on 
social security for  migrant  workers. 
Problem  of family benefits 
3. During the discussions in the Council, certain  Member  States 
requested  that a  transitional  period be fixed for the application 
to Portuguese  workers  of the provisions of the  Regulations  on the 
granting of family benefits to the  members  of the worker's  family 
not resident in the  country  of employment.  During  that 
transitional  period, the  Portuguese  workers  would be entitled  to 
the benefits of the  country  of residence^ of the  members  of their 
families. 
4· The Commission  sees no objective  reason  for the  fixing  of a 
transitional  period.  Indeed,  there is no  need for any adaptation, 
other than of a technical  nature,  either of the  Community  rules or 
of the Portuguese  legislation  in order for the  acquis communautaire 
to be applied  from the date of Portugal's accession. On the 
contrary, a  transitional  period in  this field would create another 
problem,  namely  that of the retention of the  more favourable 
bilateral  agreements  concluded  between  Portugal on the one  hand and 
Germany,  the Netherlands,  Luxembourg  and Belgium  on the other. 
In almost  all cases this country  will be Portugal,  where family 
benefits are at an  extremely  low level compared  with the  Member  States. 

- 10 -
5. In the case of Prance,  the only Member  State which under the 
acquis communautaire  grants  the family benefits  of the  country  of 
residence  for the  family members  not resident  in the  country  of 
employment,  the French Government  has already  undertaken  to maintain 
the more favourable provisions  of its bilateral  agreement  with 
Portugal.  The said provisions  will apply to the  Portuguese 
nationals  legally  resident  in France at the  date of Portugal's 
accession  and to  those who might  establish  themselves  in France  after 
that date. 
Conclusion 
6. The Commission  therefore maintains its proposal  to apply the 
acquis communautaire  in this field as from Portugal's accession. 
III. EUROPEAN  SOCIAL FUND 
1. In its statements  on social  affairs,  the Community  has always 
stressed  that it considers that  "the acquis communautaire  will apply to 
Portugal  on accession  in respect  of the  rules governing  the tasks and 
operation  of the European  Social Fund as  they exist on the  date of 
accession" . 
2. Portugal, while affirming that  principle,  has made two requests 
concerning  the higher rate  of European  Social Fund contribution provided 
for in Article  8(3) of Council Decision  77/801/EEC  of  20 December  1977 
amending  Council Decision  71/66/EEC  of  1 February  1971 on the  reform of 
the European  Social Fund. With  those two requests, Portugal  is asking 
in particular  that "the entire country should  be regarded  as one of the 
regions  qualifying  for the  higher rate  of intervention  from the Fund". 
3. In accordance  with the Council Decision  of  1 February  197 1» a review 
of the operation  of and  rules governing  the European  Social Fund is 
currently  under way; the  Council  will be called on to take a decision 
before the end of the  year. Accordingly,  the Commission is not in a 

11 -
position  at the present time to  make any definitive  statement on the 
aspects of the negotiations concerning the  European  Social Fund. However, 
the Commission  is of the opinion that the  Community  could express as of 
now a favourable  view as to the  application  of the higher rate of  contribution 
from the ESF to the  whole of Portugal's  territory  in the probable event of 
such a rate remaining in force  under the same conditions as at present. 
IV. OTHER ASPECTS  OF THE COMMUNITY'S  SOCIAL POLICY 
1. On the basis of its statement of 29 January 1982, Portugal is 
prepared to apply the acquis coaaunautaire as  from accession with regard 
to the other aspects of the  Community's  sooial  policy,  with the exception 
of Council  Directive  80/HO7/EEC  of 27 November  1980 on the protection of 
workers from the risks related  to exposure  to chemical, physical and 
biological  agents  at work. 
At the 11th  meeting  of the Conference  between  the European  Communities 
and Portugal at  ministerial  level  (25 January 1983) Portugal requested 
periods of three and four years  after acoession in order to  comply with 
the provisions of that Direotive, given that at the present time the 
Portuguese  Government  is involved in introducing a  policy of hygiene and 
safety at work at national  level. In addition, the  application  of this 
Directive  will involve the preparation of important laws, regulations and 
administrative  measures  and also the establishment or adaptation of the 
structures  at Government  and company  level. 
2. Recognizing the  sound basis of these  arguments  and since these  Bane 
periods were granted to nine  Member  States (for  Greece they were even 
increased  to four and  five years), the  Commission  is of the  view that 
the Community  could grant Portugal periods of three and four years as 
provided for in the  first and second subparagraphs  of Article  11 of the 
Directive  of 27 November  1980. 

- 12 
SEW TEXTS PROPOSED FOR  INCLUSION  US A MEW COMMUNITY  STATEMENT 
The following text regarding  freedom  of movement  for workers would 
replace point  1.6 (document  CONF-P/6/83, p* 8) of  the most  recent Community 
statement,  dated  25 January: 
I. FREEDOM OF MOVEMENT 
6· Notwithstanding  the joint declaration,  and solely for the  period of 
validity of the abovenentioned  transitional  measures, the Grand Duchy  of 
Luxembourg, in the  event of difficulties  which are  serious and liable to 
persist on the labour market,  may be  authorized  by the Commission  to 
apply safeguard  measures  on a temporary  basis in the framework  of national 
2 
rules governing  access to employment  and change of employment,  on the 
understanding,  however,  that any use made of  this faculty  would be 
accompanied  by the gradual relaxation  of at least the provisions  relating  , 
to change of employment. 
:As defined  above on page  5 at (a)(i),  first indent 

- 13 -
The following  text on social  security  for migrant workers would  replace 
point II.2 on  page  10 of the  most recent  Community  statement — of 
25 January 1983  (COHF-P/6/83): 
II. SOCIAL SECURITY  FOR MIGRANT  WORKERS 
1 
2. In these circumstances, the  Community  proposes  that the following 
text be officially  entered in  Annex I to the  summary  of conclusions: 
"The Conference notes an  agreement  to the  effect  that the acquis  
communautaire  in the  field of social  security  for migrant workers, as 
it stands at the date of accession and  including  any developments in 
the acquis  between  now and  that date,  will be applied  from the date of 
Portugal's  accession". 
The following  text concerning the European  Social  Fund would replace  the first 
and second subparagraphs of  point III.2 on page  13 of the  most recent 
Community  statement - of 25 January 1983  (CONF-P/6/83): 
III. EUROPEAN  SOCIAL FUND 
1 
2 
First and second subparagraphs of  page  13s 
Since the above review has  still to take  place,  the Community  cannot 
anticipate  its result nor make any statement at the present time on the 
Portuguese Delegation's requests. The  Community  proposes to  make a 
statement as soon as the  above review, which should take place in the 
near future,  has been completed. 
If, however,  at the date of  Portugal's  accession,  a higher  rate of 
contribution  from the European  Social  Fund is in force under the  same 
conditions  as at present, the  Community  would express as of now a 
favourable  view as to the  application  of that rate to the  whole of 
Portugal's  territory. 

- 14 
The following text concerning  the other aspects  of the Community's 
sooial policy would replace point  XV on page 14 of the most  recent 
Community  statement  - of 25  January  1983 (CONF-P/6/83): 
IV. OTHER ASPECTS QP THE  COMMUNITY'S  SOCIAL POLICY 
(Vocational  training,  approximation  of laws in the  social  field, bodies 
and institutions  in the  sooial field) 
On the basis of the Portuguese  Delegation's statement  of 29 January  1982, 
the Community  notes that Portugal  will apply the acquis communautaire 
from aocession  relating  to these other aspeots  of the Community's  social 
policy, with the exception  of Council Direotive  8o/l107/EEC  of 27 November  198O 
on the protection  of workers  from the risks related  to exposure  to chemical, 
physical  and biological  agents at work; as regards the transposition  of that 
Directive  into its national  legislation  Portugal  wishes,  in accordance  with the position 
it stated on 25 January  1983 at the 11th  meeting  of the  Conference  at 
ministerial  level, to avail itself of the  periods of three and four years 
from aocession provided  for in the  first and second subparagraphs  of 
Article  11 of the  said Directive. 
In the light of the  fact that the Portuguese  Government is  currently 
engaged in introducing  a policy of hygiene and safety at work at  national 
level and in  view of the  fact that these  same periods were accorded  to 
nine Community  Member  States*  for the  purpose of oomplying  with this 
Direotive,  the Community is  prepared  to accord Portugal  the same periods 
as provided  for in the  first and second subparagraphs  of Article  11(1) of 
the Directive  of 27 November 1980. 
•By way of  derogation,  the periods accorded  to the  Hellenio Republic  are 
four and five years (third subparagraph  of Article  11(1) of the 
Directive  of  27 November  1980).