WRITTEN QUESTION E-3626/03 by Marianne Thyssen (PPE-DE) to the Commission. Opening up the labour markets in the Member States.
Date: 2003-12-05
Institutions: European Parliament, Provisional data
Subjects: accession to the European Union, free movement of workers, labour market, restriction on competition, transitional period (EU)

27.3.2004

EN

Official Journal of the European Union

C 78 E/615

the private sector as a whole, which includes,

it is important to bear in mind that they do not refer to
In order to interpret these data correctly,
expenditure of
for example, expenditure by private
companies on education and training, nor do they give any indication of expenditure on education and
training as a proportion of gross domestic product (GDP). The Commission analysed the question of
investment in education and training in its Communication of January 2003 entitled ‘Investing efficiently
in Education and Training: an imperative for Europe’ (1). Details on the overall levels of investment in the
Member States, from both the public and private sectors, can be found in this Communication.

The Commission does not have detailed information on the equivalent of ‘frondistiria’ in Member States at
its disposal. However, the data available for Greece suggest that the importance of ‘Frondistiria’ has
increased in the last decade. This also has to be seen in the light of growing upper secondary and tertiary
attainment rates.

Eurostat data suggest that private household spending on education in Greece has more than doubled
between 1988 and 1999 in absolute terms. Measured as a share of household expenditure, it has increased
by 50 per cent from 1988 to 1999 (from 1,6 to 2,4 %). In fact, the data reported in the Greek press
relating to private expenditure on education in 2002 imply that there may have been a further increase
since 1999.

(1) COM(2002) 779 final.

(2004/C 78 E/0649)

WRITTEN QUESTION E-3626/03

by Marianne Thyssen (PPE-DE) to the Commission

Subject: Opening up the labour markets in the Member States

(5 December 2003)

The accession treaty with the candidate countries includes transitional measures relating to the access
which EU citizens from the new Member States will enjoy to the labour markets of the present Member
States.

Member States are permitted to open up their labour markets earlier than agreed.

This could result in very different situations from one Member State to another, which could distort
competition between businesses.

Would not some coordination of the positions of the Member States in this regard be desirable? Will the
Commission assume a coordinating role here?

Answer given by Mr Verheugen on behalf of the Commission

(28 January 2004)

According to the transitional arrangement agreed in the Accession Treaty, for the first two years following
the accession of the new Member States, free movement or workers under Community law will not apply,
and access to the labour markets of any present Member State will depend on the national law and policy
of those States, as well as on the bilateral agreements they may have with the new Member States. This
means that during the transitional period Union citizens from new Member States who want to work in
the Union might need to obtain work permits, depending on the national law of the Union country where
they want to work. Some Member States have indicated that they intend to fully open their labour markets
to workers from all the new Member States. Other present Member States intend to allow more restrictive
access, which will differ depending on the new Member State in question. This transitional arrangement
does not apply to Cyprus and Malta.

C 78 E/616

Official Journal of the European Union

EN

27.3.2004

The Commission believes that such agreement provides the present Member States with the possibility to
continue to apply the provisions currently in force vis-à-vis each of the new Member States. Therefore, the
situation concerning possible distortion of competition would not worsen the present situation in this
respect. Furthermore, according to the provisions of the Accession Treaty, before the end of the two-year
period following the date of accession, the Commission will have to address a report to the Council on the
functioning of these transitional provisions.

The Commission believes that a timely communication from the present Member States of their decisions
on the applicable national legislation would help the citizens of both the present and the new Member
States to better understand the conditions created by enlargement in this area. The Commission will closely
monitor the implementation of the Accession Treaty provisions in this field.

(2004/C 78 E/0650)

WRITTEN QUESTION E-3627/03

by Marianne Thyssen (PPE-DE) to the Commission

(5 December 2003)

Subject: Access to the labour market for new EU citizens and non-EU citizens

join the EU. Transitional measures have been agreed
On 1 May 2004, 10 new Member States will
regarding access to the labour market. Member States may adopt a more flexible approach and open up
their labour markets earlier than agreed.

As the Commission knows, some Member States have concluded bilateral agreements with third countries,
for example concerning access to the Member State’s labour market for the purpose of performing
seasonal work.

Would it not be logical for citizens of the new Member States (cid:1) as from 1 May 2004 (cid:1) to be given at
least the same access to the labour market as is given to certain non-EU citizens on the basis of bilateral
agreements, ‘inter alia’ for the purpose of performing seasonal work?

Will the Commission propose a measure to prevent discrimination between new EU citizens and non-EU
citizens?

Answer given by Mr Verheugen on behalf of the Commission

(28 January 2004)

The Commission draws the attention of
‘Community
preference’ for free movement of workers, contained in the provisions of the Accession Treaty. On the
basis of this principle, notwithstanding the application of the transitional period, to which the Honourable
Member refers,
‘the present Member States shall, during any period when national measures or those
resulting from bilateral agreements are applied, give preference to workers who are nationals of the
Member States over workers who are nationals of third countries as regards access to their labour market’.

the Honourable Member to the principle of

Therefore upon accession Union citizens from acceding Member States cannot be subject to provisions less
favourable than those applicable to citizens from third countries. The Commission will closely monitor this
issue and take appropriate action in cases where discrimination between new Union citizen and non-Union
citizen is reported.