WRITTEN QUESTION E-3619/01

by Charles Tannock (PPE-DE) to the Commission

(8 January 2002)

Subject: Enlargement negotiations

Can the Commission confirm, in response to legitimate concerns from a number of Member States, and especially Germany and Austria, that the Commission is negotiating with applicant countries on the basis of a seven-year transitional period for freedom of movement of labour from the applicant countries to the current Member States?

Does the Commission also recognise that a number of countries, including Poland, have legitimate concerns over the sale of land, and, if so, does the Commission believe that these two concerns should form the basis of reciprocal agreements for a period of no longer than seven years, with options for individual states to reduce these periods by mutual agreement?

Answer given by Mr Verheugen on behalf of the Commission

(7 February 2002)

The Commission would like to recall that its role in the Accession negotiations is limited to preparing the Union's position for subsequent adoption by Member States. It is therefore the Member States who negotiate with applicant countries. However the Commission can confirm that negotiations are being conducted by Member States on the basis of a seven-year transition arrangement for the free movement of workers, the essential elements of which are outlined below.

During the first two years national measures will be applied by all current Member States to new Member States. Following this period, reviews will be held to decide whether to apply the acquis. The transition period should come to an end after five years, but it may be prolonged for a further two years if there are serious disturbances on the labour market, or threat thereof, of the current Member State concerned. In addition, safeguards may be applied by Member States up to the end of the seventh year.

The transition arrangement also includes a number of other important aspects, such as a standstill clause, preference for candidate country nationals over non-Community labour, a declaration by Member States that they will endeavour to grant increased labour market access under national law and the right of Austria and Germany to apply flanking national measures in specific sensitive service sectors.

The Union has not requested a transition period in relation to Malta and Cyprus. However for all other countries where negotiations are under way, a common approach is put forward. On this basis, the chapter free movement of persons has been provisionally closed with the Czech Republic, Hungary, Poland, Slovenia, Latvia, Lithuania and Slovakia.

As for the acquisition of land, the Commission has recognised the political sensitivity of, in particular, the purchase of agricultural land in certain candidate countries. Hungary, the Czech Republic, Slovakia and Bulgaria have been granted a seven-year transitional period with a revision after three years for the acquisition of agricultural land. The three Baltic States, Slovenia, Cyprus and Malta have not negotiated any transitional arrangements for agricultural land while negotiations are ongoing with Poland and Romania. Special attention has been paid to self employed farmers from the Member States who reside in the candidate country and who in principle will be able to purchase agricultural land from the date of accession. Nothing prevents candidate countries from shortening or giving up the transitional period.

Each chapter is negotiated separately and the transitional arrangements only reflect the concern expressed by either party in each particular chapter. There is therefore no reciprocity between the agreements found under free movement of persons and free movement of capital. Moreover, the duration of transitional measures under specific chapters depends on the specificity of each case and may vary from country to country.