WRITTEN QUESTION E-3627/03 by Marianne Thyssen (PPE-DE) to the Commission. Access to the labour market for new EU citizens and non-EU citizens.
Date: 2003-12-05
Institutions: European Parliament, Provisional data
Subjects: EU national, accession to the European Union, foreign national, free movement of workers, labour market, migrant worker, transitional period (EU)

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.