WRITTEN QUESTION E-3543/03 by Claude Moraes (PSE) to the Commission. Free movement of Bulgarians.
Date: 2003-11-28
Institutions: European Parliament, Provisional data
Subjects: Bulgaria, European Association Agreement, admission of aliens, freedom of movement, migrant worker, political refugee, residence permit, right of establishment

C 78 E/580

Official Journal of the European Union

EN

27.3.2004

(2004/C 78 E/0613)

WRITTEN QUESTION E-3543/03

by Claude Moraes (PSE) to the Commission

(28 November 2003)

Subject: Free movement of Bulgarians

Could the Commission please explain what the policy is on freedom of movement for Bulgarian citizens
and Bulgarians with refugee status in the EU?

Answer given by Mr Vitorino on behalf of the Commission

(14 January 2004)

As the Honourable Member knows, Bulgaria will be a Candidate Country until their planned accession in
2007. Until 2007, provided accession takes place that year, Bulgarian nationals will be considered as third
country nationals. Bulgarian nationals can enter the Union and move freely within the Schengen area for a
period of up to three months.

As regards movement of Bulgarian workers, applications for residence and work permits are subject to the
conditions and modalities in each Member State. There is however a provision in the Europe Agreement
according to which the existing facilities for access to employment for Bulgarian workers accorded by
Member States under bilateral agreements ought to be preserved and if possible improved. As to the
establishment of Bulgarian companies and nationals in the territory of a Member State, Bulgarian nationals
have a right under the Europe agreement to a treatment no less favourable than that accorded to the
Member State’s own nationals. The scope of the latter provision has been clarified in European Court of
Justice case law.

The Honourable Member may be aware that on 25 November 2003 the Council adopted the Directive
concerning the status of third country nationals who are long-term residents in a Member State (1). In
accordance with Chapter III of that Directive, third country nationals (including Bulgarian citizens) who
have been legally resident in a Member State for five years or more can benefit under certain conditions
from a consolidated status on which basis they can enjoy the right to reside and work in other Member
States. This Directive will have to be transposed by Member States into national legislation by November
2005 at the latest.

However, that Directive does not apply to those third country nationals who are refugees. The rights of
refugees are set out in the 1951 Geneva Convention relating to the status of refugees of which all Member
States are signatories. At this stage there is no Community law governing the freedom of movement of
refugees in the Union.

(1) Council Directive 2003/109/EC of 25 November 2003, OJ L 16, 23.1.2004, p. 44.

(2004/C 78 E/0614)

WRITTEN QUESTION E-3544/03

by Roberta Angelilli (UEN) to the Commission

(28 November 2003)

Subject: Eurobarometer survey on threats to peace

The findings of the most recent of the Eurobarometer surveys carried out at the Commission’s behest on a
regular basis, which sought the European public’s opinion on which countries were a threat to world
peace, have given rise to widespread indignation.

The final result, in which 60 % of Europe’s population placed Israel at the top of the list of most dangerous
countries, gave rise to indignation among the world’s Jewish community and consternation among the
general public and drew a shocked response from the Commission President, Romano Prodi, who said he
was disturbed and surprised by what have been interpreted as new anti-Semitic leanings in Europe. Since
then, however, no attempt has been made to look further into the matter and there has been no self-
criticism and no discussion of the reasons why Europeans consider Israel to be the leading threat to peace.