Proposal for a Regulation of the European Parliament and of the Council on freedom of movement for workers within the Union (Codification)
Date: 2010-05-05
Institutions: European Commission
Subjects: equal treatment, free movement of workers, job access, job application, job vacancy, worker (EU)

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EUROPEAN COMMISSION 

Brussels, 5.5.2010 
COM(2010)204 final 

2010/0110 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on freedom of movement for workers within the Union 

(Codification) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  the  law  of  the  Union  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if the law is to be clear and transparent. 

On 1 April 1987 the Commission decided1 to instruct its staff that all acts should be 
codified  after  no  more  than  ten  amendments,  stressing  that  this  is  a  minimum 
requirement  and  that  departments  should  endeavour  to  codify  at  even  shorter 
intervals the texts for which they are responsible, to ensure that their provisions are 
clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2 stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  procedure  for 
the adoption of acts of the Union. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20 December 1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Regulation (EEC)  No  1612/68  of  15 October 1968  on  freedom  of  movement  for 
workers within the Community3. The new Regulation will supersede the various acts 
incorporated in it4; this proposal fully preserves the content of the acts being codified 
and hence does no more than bring them together with only such formal amendments 
as are required by the codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex I to this proposal. 

1. 

2. 

3. 

4. 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Regulation (EEC)  No 1612/68  and  the  instruments 
amending it, carried out by the Publications Office of the European Union, by means 
of a data-processing system. Where the Articles have been given new numbers, the 
correlation  between  the  old  and  the  new  numbers  is  shown  in  a  table  set  out  in 
Annex II to the codified Regulation. 

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(cid:208) 1612/68 (adapted) 

2010/0110 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on freedom of movement for workers within the Union 

(Codification) 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article ⌦ 46 ⌫ thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the Opinion of the European Economic and Social Committee5, 

After transmission of the proposal to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure6, 

Whereas: 

(1) 

Regulation  (EEC)  No  1612/68  of  the  Council  of  15 October 1968  on  freedom  of 
movement for workers within the Community7 has been substantially amended several 
times8. In the interests of clarity and rationality the said Regulation should be codified. 

(cid:208) 

(2) 

Freedom  of  movement  for  workers  should  be  secured  within  the  Union.  The 
attainment  of  this  objective  entails  the  abolition  of  any  discrimination  based  on 

(cid:208) 1612/68 recital 1 (adapted) 

5 
6 
7 
8 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 257, 19.10.1968, p. 2. 
See Annex I. 

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nationality  between  workers  of  the  Member  States  as  regards  employment, 
remuneration  and  other  conditions  of  work  and  employment,  as  well  as  the  right  of 
such  workers  to  move  freely  within  the  Union  in  order  to  pursue  activities  as 
employed  persons  subject  to  any  limitations  justified  on  grounds  of  public  policy, 
public security or public health. 

(3) 

Provisions should be ⌦ foreseen ⌫ to enable the objectives laid down in Articles 45 
and 46 of the Treaty in the field of freedom of movement to be achieved. 

(cid:208) 1612/68 recital 2 (adapted) 

(cid:208) 1612/68 recital 3 

(4) 

Freedom of movement constitutes a fundamental right of workers and their families. 
Mobility of labour within the Union must be one of the means by which the worker is 
guaranteed  the  possibility  of  improving  his  living  and  working  conditions  and 
promoting  his  social  advancement,  while  helping  to  satisfy  the  requirements  of  the 
economies  of  the  Member  States.  The  right  of  all  workers  in  the  Member  States  to 
pursue the activity of their choice within the Union should be affirmed. 

(5) 

Such right must be enjoyed without discrimination by permanent, seasonal and frontier 
workers and by those who pursue their activities for the purpose of providing services. 

(cid:208) 1612/68 recital 4 

(cid:208) 1612/68 recital 5 (adapted) 

(6) 

The  right  of  freedom  of  movement,  in  order  that  it  may  be  exercised,  by  objective 
standards, in freedom and dignity, requires that equality of treatment be ensured in fact 
and  in  law  in  respect  of  all  matters  relating  to  the  actual  pursuit  of  activities  as 
employed persons and to eligibility for housing, and also that obstacles to the mobility 
of workers be eliminated, in particular as regards the conditions for the integration of 
⌦ the worker’s ⌫ family into the host country. 

(7) 

The  principle  of  non-discrimination  between  workers  in  the  Union  entails  that  all 
nationals  of  Member  States  have  the  same  priority  as  regards  employment  as  is 
enjoyed by national workers. 

(cid:208) 1612/68 recital 6 

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(8) 

(9) 

(cid:208) 1612/68 recital 7 (adapted) 

The  machinery  for  vacancy  clearance,  in  particular  by  ⌦ means  of ⌫  direct  co-
operation  between  the  central  employment  services  and  also  between  the  regional 
services, as well as by ⌦ coordination of ⌫ the exchange of information ensure in a 
general way a clearer picture of the labour market. Workers wishing to move should 
also be regularly informed of living and working conditions. 

(cid:208) 1612/68 recital 8 (adapted) 

Close  links  exist  between  freedom  of  movement  for  workers,  employment  and 
vocational training, particularly where the latter aims at putting workers in a position 
to take up concrete offers of employment from other regions of the Union. Such links 
make  it  necessary  that  the  problems  arising  in  this  connection  should  no  longer  be 
studied  in  isolation  but  viewed  as  inter-dependent,  account  also  being  taken  of  the 
problems of employment at the regional level and it is therefore necessary to direct the 
efforts of Member States toward co-ordinating their employment policies, 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I 

(cid:208) 1612/68 (adapted) 

EMPLOYMENT ⌦ , EQUAL TREATMENT ⌫ AND 
WORKERS' FAMILIES 

(cid:208) 1612/68 

SECTION 1 

ELIGIBILITY FOR EMPLOYMENT 

Article 1 

1. Any national of a Member State, shall, irrespective of his place of residence, have the right 
to take up an activity as an employed person, and to pursue such activity, within the territory 
of another Member State in accordance with the provisions laid down by law, regulation or 
administrative action governing the employment of nationals of that State. 

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2.  He  shall,  in  particular,  have  the  right  to  take  up  available  employment  in  the  territory  of 
another Member State with the same priority as nationals of that State. 

Article 2 

Any national of a Member State and any employer pursuing an activity in the territory of a 
Member  State  may  exchange  their  applications  for  and  offers  of  employment,  and  may 
conclude and perform contracts of employment in accordance with the provisions in force laid 
down  by  law,  regulation  or  administrative  action,  without  any  discrimination  resulting 
therefrom. 

Article 3 

1. Under this Regulation, provisions laid down by law, regulation or administrative action or 
administrative practices of a Member State shall not apply: 

(a) 

(b) 

where  they  limit  application  for  and  offers  of  employment,  or  the  right  of  foreign 
nationals  to  take  up  and  pursue  employment  or  subject  these  to  conditions  not 
applicable in respect of their own nationals; or 

where, though applicable irrespective of nationality, their exclusive or principal aim 
or  effect  is  to  keep  nationals  of  other  Member  States  away  from  the  employment 
offered. 

⌦ The  first  subparagraph ⌫  shall  not  apply  to  conditions  relating  to  linguistic  knowledge 
required by reason of the nature of the post to be filled. 

(cid:208) 1612/68 (adapted) 

(cid:208) 1612/68 

2. There shall be included in particular among the provisions or practices of a Member State 
referred to in the first subparagraph of paragraph 1 those which: 

(a) 

(b) 

(c) 

prescribe a special recruitment procedure for foreign nationals; 

limit or restrict the advertising of vacancies in the press or through any other medium 
or  subject  it  to  conditions  other  than  those  applicable  in  respect  of  employers 
pursuing their activities in the territory of that Member State; 

subject  eligibility  for  employment  to  conditions  of  registration  with  employment 
offices  or  impede  recruitment  of  individual  workers,  where  persons  who  do  not 
reside in the territory of that State are concerned. 

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Article 4 

1.  Provisions  laid  down  by  law,  regulation  or  administrative  action  of  the  Member  States 
which  restrict  by  number  or  percentage  the  employment  of  foreign  nationals  in  any 
undertaking, branch of activity or region, or at a national level, shall not apply to nationals of 
the other Member States. 

(cid:208) 1612/68 (adapted) 

2.  When  in  a  Member  State  the  granting  of  any  benefit  to  undertakings  is  subject  to  a 
minimum  percentage  of  national  workers  being  employed,  nationals  of  the  other  Member 
States 
the  provisions  of 
Directive ⌦ 2005/36/EC of the European Parliament and of the Council9 ⌫. 

shall  be  counted  as  national  workers, 

subject 

to 

Article 5 

A national of a Member State who seeks employment in the territory of another Member State 
shall receive the same assistance there as that afforded by the employment offices in that State 
to their own nationals seeking employment. 

(cid:208) 1612/68 

Article 6 

1. The engagement and recruitment of a national of one Member State for a post in another 
Member  State  shall  not  depend  on  medical,  vocational  or  other  criteria  which  are 
discriminatory on grounds of nationality by comparison with those applied to nationals of the 
other Member State who wish to pursue the same activity. 

2. A national who holds an offer in his name from an employer in a Member State other than 
that of which he is a national may have to undergo a vocational test, if the employer expressly 
requests this when making his offer of employment. 

(cid:208) 1612/68 (adapted) 

9 

OJ ⌦ L 255, 30.9.2005, p. 22 ⌫. 

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(cid:208) 1612/68 
(cid:206)1 312/76 Art. 1 pt 1 

SECTION 2 

EMPLOYMENT AND EQUALITY OF TREATMENT 

Article 7 

1. A worker who is a national of a Member State may not, in the territory of another Member 
State,  be  treated  differently  from  national  workers  by  reason  of  his  nationality  in  respect  of 
any conditions of employment and work, in particular as regards remuneration, dismissal, and 
should he become unemployed, reinstatement or re-employment. 

2. He shall enjoy the same social and tax advantages as national workers. 

3.  He  shall  also,  by  virtue  of  the  same  right  and  under  the  same  conditions  as  national 
workers, have access to training in vocational schools and retraining centres. 

4.  Any  clause  of  a  collective  or  individual  agreement  or  of  any  other  collective  regulation 
concerning  eligibility  for  employment,  remuneration  and  other  conditions  of  work  or 
dismissal  shall  be  null  and  void  in  so  far  as  it  lays  down  or  authorises  discriminatory 
conditions in respect of workers who are nationals of the other Member States. 

Article 8 

A worker who is a national of a Member State and who is employed in the territory of another 
Member State shall enjoy equality of treatment as regards membership of trade unions and the 
exercise of rights attaching thereto, including the right to vote (cid:206)1 and to be eligible for the 
administration  or  management  posts  of  a  trade  union .  He  may  be  excluded  from  taking 
part  in  the  management  of  bodies  governed  by  public  law  and  from  holding  an  office 
governed  by  public  law.  Furthermore,  he  shall  have  the  right  of  eligibility  for  workers' 
representative bodies in the undertaking. 

The  ⌦ first  subparagraph ⌫  of  this  Article  shall  not  affect  laws  or  regulations  in  certain 
Member States which grant more extensive rights to workers coming from the other Member 
States. 

(cid:208) 1612/68 (adapted) 

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Article 9 

1.  A  worker  who  is  a  national  of  a  Member  State  and  who  is  employed  in  the  territory  of 
another Member State shall enjoy all the rights and benefits accorded to national workers in 
matters of housing, including ownership of the housing he needs. 

2. A worker ⌦ referred to in paragraph 1 ⌫ may, with the same right as nationals, put his 
name down on the housing lists in the region in which he is employed, where such lists exist 
and he shall enjoy the resultant benefits and priorities. 

If his family has remained in the country whence he came, they shall be considered for this 
purpose  as  residing  in  the  said  region,  where  national  workers  benefit  from  a  similar 
presumption. 

(cid:208) 1612/68 

SECTION 3 

WORKERS' FAMILIES 

Article 10 

The children of a national of a Member State who is or has been employed in the territory of 
another Member State shall be admitted to that State's general educational, apprenticeship and 
vocational  training  courses  under  the  same  conditions  as  the  nationals  of  that  State,  if  such 
children are residing in its territory. 

Member  States  shall  encourage  all  efforts  to  enable  such  children  to  attend  these  courses 
under the best possible conditions. 

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CHAPTER II 

CLEARANCE OF VACANCIES AND APPLICATIONS FOR 
EMPLOYMENT 

SECTION 1 

COOPERATION BETWEEN THE MEMBER STATES AND WITH THE COMMISSION 

Article 11 

1. The Member States or the Commission shall instigate or together undertake any study of 
employment or unemployment which they consider necessary for freedom of movement for 
workers within the Union. 

(cid:208) 1612/68 (adapted) 

The  central  employment  services  of  the  Member  States  shall  co-operate  closely  with  each 
other  and  with  the  Commission  with  a  view  to  acting  jointly  as  regards  the  clearing  of 
vacancies  and  applications  for  employment  within  the  Union  and  the  resultant  placing  of 
workers in employment. 

(cid:208) 1612/68 

2. To this end the Member States shall designate specialist services which shall be entrusted 
with  organising  work  in  the  fields  referred  to  ⌦ in  the  second  subparagraph  of 
paragraph 1 ⌫  and  co-operating  with  each  other  and  with  the  departments  of  the 
Commission. 

(cid:208) 1612/68 (adapted) 

The  Member  States  shall  notify  the  Commission  of  any  change  in  the  designation  of  such 
services  and  the  Commission  shall  publish  details  thereof  for  information  in  the  Official 
Journal of the European Union. 

(cid:208) 1612/68 

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Article 12 

1.  The  Member  States  shall  send  to  the  Commission  information  on  problems  arising  in 
connection with the freedom of movement and employment of workers and particulars of the 
state and development of employment. 

2.  The  Commission,  taking  the  utmost  account  of  the  opinion  of  the  Technical 
Committee ⌦ ,  referred  to  in  Article 29 ⌫,  shall  determine  the  manner  in  which  the 
information referred to in paragraph 1 ⌦ of this Article ⌫ is to be drawn up. 

(cid:208) 2434/92 Art. 1 pt. 2, second 
subparagraph (adapted) 

(cid:208) 1612/68 (adapted) 
(cid:206)1 2434/92 Art. 1 pt. 2, third 
subparagraph (adapted) 

3.  In  accordance  with  the  procedure  laid  down  by  the  Commission  (cid:206)1 taking  the  utmost 
account of the opinion of the Technical Committee ⌦ , referred to in Article 29, ⌫  the 
specialist  service  of  each  Member  State  shall  send  to  the  specialist  services  of  the  other 
Member  States  and  to  the  European  Coordination  Office ⌦ ,  referred  to  in  Article 18, ⌫ 
such information concerning living and working conditions and the state of the labour market 
as  is  likely  to  be  of  guidance  to  workers  from  the  other  Member  States.  Such  information 
shall be brought up to date regularly. 

The specialist services of the other Member States shall ensure that wide publicity is given to 
such information, in particular by circulating it among the appropriate employment  services 
and by all suitable means of communication for informing the workers concerned. 

(cid:208) 1612/68 

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SECTION 2 

MACHINERY FOR VACANCY CLEARANCE 

(cid:208) 2434/92 Art. 1 pt. 3 (adapted) 

Article 13 

1. The specialist service of each Member State shall regularly send to the specialist services of 
the  other  Member  States  and  to  the  European  Coordination  Office ⌦ ,  referred  to  in 
Article 18 ⌫: 

(a) 

details of vacancies which could be filled by nationals of other Member States; 

(cid:208) 2434/92 Art. 1 pt. 3 

(b) 

details of vacancies addressed to ⌦ third countries ⌫; 

(cid:208) 2434/92 Art. 1 pt. 3 (adapted) 

(cid:208) 2434/92 Art. 1 pt. 3 

(c) 

(d) 

details of applications for employment by those who have formally expressed a wish 
to work in another Member State; 

information,  by  region  and  by  branch  of  activity,  on  applicants  who  have  declared 
themselves actually willing to accept employment in another country. 

The specialist service of each Member State shall forward this information to the appropriate 
employment services and agencies as soon as possible. 

(cid:208) 2434/92 Art. 1 pt. 3 (adapted) 

2.  The  details  of  vacancies  and  applications  referred  to  in  paragraph  1  shall  be  circulated 
according  to  a  uniform  system  to  be  established  by  the  European  Coordination  Office ⌦ , 
referred to in Article 18 ⌫ in collaboration with the Technical Committee ⌦ , referred to in 
Article 29 ⌫. 

If necessary, this system ⌦ may be adapted in accordance with the same procedure ⌫. 

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(cid:208) 2434/92 Art. 1 pt. 4 

Article 14 

1. Any vacancy within the meaning of Article 13 communicated to the employment services 
of a Member State shall be notified to and processed by the competent employment services 
of the other Member States concerned. 

Such  services  shall  forward  to  the  services  of  the  first  Member  State  the  details  of  suitable 
applications. 

2. The applications for employment referred to in Article 13(1)(c) shall be responded to by the 
relevant services of the Member States within a reasonable period, not exceeding one month. 

3. The employment services shall grant workers who are nationals of the Member States the 
same  priority  as  the  relevant  measures  grant  to  nationals  vis-à-vis  workers  from  ⌦ third 
countries ⌫. 

(cid:208) 2434/92 Art. 1 pt. 4 (adapted) 

(cid:208) 1612/68 

Article 15 

1. The provisions of Article 14 shall be implemented by the specialist services. However, in 
so far as they have been authorised by the central services and in so far as the organisation of 
the  employment  services  of  a  Member  State  and  the  placing  techniques  employed  make  it 
possible: 

(a) 

the regional employment services of the Member States shall: 

(cid:208) 1612/68 (adapted) 
(cid:206)1 2434/92 Art. 1 pt. 5, second 
subparagraph (adapted) 

(i) 

on  the  basis  of  the  (cid:206)1   ⌦ information ⌫  referred  to  in  Article 13,  on 
which  appropriate  action  will  be  taken,  directly  bring  together  and  clear 
vacancies and applications for employment; 

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(ii) 

establish direct relations for clearance: 

(cid:208) 1612/68 

– 

– 

– 

of vacancies offered to a named worker; 

of  individual  applications  for  employment  sent  either  to  a  specific 
employment  service  or  to  an  employer  pursuing  his  activity  within  the 
area covered by such a service; 

where  the  clearing  operations  concern  seasonal  workers  who  must  be 
recruited as quickly as possible; 

(cid:208) 2434/92 Art. 1 pt. 5, third 
subparagraph 

(b) 

the services territorially responsible for the border regions of two or more Member 
States  shall  regularly  exchange  data  relating  to  vacancies  and  applications  for 
employment in their area and, acting in accordance with their arrangements with the 
other employment services of their countries, shall directly bring together and clear 
vacancies and applications for employment. 

If necessary, the services territorially responsible for border regions shall also set up 
cooperation and service structures to provide: 

– 

– 

users with as much practical information as possible on the various aspects of 
mobility, and 

management  and  labour,  social  services  (in  particular  public,  private  or  those 
of  public  interest)  and  all  institutions  concerned,  with  a  framework  of 
coordinated measures relating to mobility; 

(cid:208) 1612/68 (adapted) 

(c) 

official  employment  services  which  specialise  in  certain  occupations  or  specific 
categories of persons shall cooperate directly with each other. 

2.  The  Member  States  concerned  shall  forward  to  the  Commission  the  list,  drawn  up  by 
common accord, of services referred to in paragraph 1 and the Commission shall publish such 
list  for  information,  and  any  amendment  thereto,  in  the  Official  Journal  of  the  European 
Union. 

Adoption of recruiting procedures as applied by the implementing bodies provided for under 
agreements concluded between two or more Member States shall not be obligatory. 

Article 16 

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SECTION 3 

MEASURES FOR CONTROLLING THE BALANCE OF THE LABOUR MARKET 

Article 17 

1. On the basis of a report from the Commission drawn up from information supplied by the 
Member  States,  the  latter  and  the  Commission  shall  at  least  once  a  year  analyse  jointly  the 
results of Union arrangements regarding vacancies and applications. 

(cid:208) 2434/92 Art. 1 pt. 6, first 
subparagraph 

2.  The  Member  States  shall  examine  with  the  Commission  all  the  possibilities  of  giving 
priority to nationals of Member States when filling employment vacancies in order to achieve 
a balance between vacancies and applications for employment within the Union. They shall 
adopt all measures necessary for this purpose. 

(cid:208) 1612/68 

(cid:208) 2434/92 Art. 1 pt. 6, second 
subparagraph 

3.  Every  two  years  the  Commission  shall  submit  a  report  to  the  European  Parliament,  the 
Council  and  the  European  Economic  and  Social  Committee  on  the  implementation  of 
Chapter II  of  this  Regulation,  summarizing  the  information  required  and  the  data  obtained 
from  the  studies  and  research  carried  out  and  highlighting  any  useful  points  with  regard  to 
developments on the Union's labour market. 

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(cid:208) 1612/68 (adapted) 

SECTION 4 

EUROPEAN COORDINATION OFFICE 

Article 18 

The  European  Office  for  Coordinating  the  Clearance  of  Vacancies  and  Applications  for 
Employment,  established  within  the  Commission  (called  in  this  Regulation  the  European 
Coordination  Office),  shall  have  the  general  task  of  promoting  vacancy  clearance  at  Union 
level. It shall be responsible in particular for all the technical duties in this field which, under 
the provisions of this Regulation, are assigned to the Commission, and especially for assisting 
the national employment services. 

It shall summarise the information referred to in Articles 12 and 13 and the data arising out of 
the studies and research carried out pursuant to Article 11, so as to bring to light any useful 
facts  about  foreseeable  developments  on  the  Union  labour  market;  such  facts  shall  be 
communicated  to  the  specialist  services  of  the  Member  States  and  to  the  ⌦ Advisory 
Committee,  referred  to  in  Article 21,  and  the  Technical  Committee,  referred  to  in 
Article 29 ⌫. 

(cid:208) 1612/68 

Article 19 

1. The European Coordination Office shall be responsible, in particular, for: 

(a) 

co-ordinating the practical measures necessary for vacancy clearance at Union level 
and for analysing the resulting movements of workers; 

(b) 

contributing to such objectives by implementing, in cooperation with the Technical 
Committee, ⌦ referred to in Article 29, ⌫ joint methods of action at administrative 
and technical levels; 

(cid:208) 1612/68 (adapted) 

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(cid:208) 1612/68 

(c) 

carrying  out,  where  a  special  need  arises,  and  in  agreement  with  the  specialist 
services,  the  bringing  together  of  vacancies  and  applications  for  employment  for 
clearance by these specialist services. 

2. It shall communicate to the specialist services vacancies and applications for employment 
sent directly to the Commission, and shall be informed of the action taken thereon. 

Article 20 

(cid:208) 1612/68 (adapted) 

The Commission may, in agreement with the competent authority of each Member State, and 
in accordance with the conditions and procedures which it shall determine on the basis of the 
Opinion  of  the  Technical  Committee,  ⌦ referred  to  in  Article 29, ⌫  organise  visits  and 
assignments  for  officials  of  other  Member  States,  and  also  advanced  programmes  for 
specialist personnel. 

(cid:208) 1612/68 

CHAPTER III 

COMMITTEES FOR ENSURING CLOSE CO-OPERATION 
BETWEEN THE MEMBER STATES IN MATTERS 
CONCERNING THE FREEDOM OF MOVEMENT OF 
WORKERS AND THEIR EMPLOYMENT 

SECTION 1 

THE ADVISORY COMMITTEE 

Article 21 

The  Advisory  Committee  shall  be  responsible  for  assisting  the  Commission  in  the 
examination of any questions arising from the application of the Treaty and measures taken in 
pursuance  thereof,  in  matters  concerning  the  freedom  of  movement  of  workers  and  their 
employment. 

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The Advisory Committee shall be responsible in particular for: 

Article 22 

(a) 

(b) 

(c) 

(d) 

examining  problems  concerning  freedom  of  movement  and  employment  within  the 
framework  of  national  manpower  policies,  with  a  view  to  co-ordinating  the 
employment  policies  of  the  Member  States  at  Union  level,  thus  contributing  to  the 
development of the economies and to an improved balance of the labour market; 

making  a  general  study  of  the  effects  of  implementing  this  Regulation  and  any 
supplementary measures; 

submitting to the Commission any reasoned proposals for revising this Regulation; 

delivering, either at the request of the Commission or on its own initiative, reasoned 
opinions on general questions or on questions of principle, in particular on exchange 
of information concerning developments  in the labour market, on the movement of 
workers between Member States, on programmes or measures to develop vocational 
guidance  and  vocational  training  which  are  likely  to  increase  the  possibilities  of 
freedom  of  movement  and  employment,  and  on  all  forms  of  assistance  to  workers 
and their families, including social assistance and the housing of workers. 

Article 23 

1. The Advisory Committee shall be composed of six members for each Member State, two of 
whom  shall  represent  the  Government,  two  the  trade  unions  and  two  the  employers' 
associations. 

2.  For  each  of  the  categories  referred  to  in  paragraph  1,  one  alternate  member  shall  be 
appointed by each Member State. 

3.  The  term  of  office  of  the  members  and  their  alternates  shall  be  two  years.  Their 
appointments shall be renewable. 

On expiry of their term of office, the members and their alternates shall remain in office until 
replaced or until their appointments are renewed. 

Article 24 

The  members  of  the  Advisory  Committee  and  their  alternates  shall  be  appointed  by  the 
Council which shall endeavour, when selecting representatives of trade unions and employers' 
associations,  to  achieve  adequate  representation  on  the  Committee  of  the  various  economic 
sectors concerned. 

The list of members and their alternates shall be published by the Council for information in 
the Official Journal of the European Union. 

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(cid:208) 1612/68 (adapted) 

Article 25 

The  Advisory  Committee  shall  be  chaired  by  a  member  of  the  Commission  or  his 
⌦ representative ⌫. The Chairman shall not vote. The Committee shall meet at least twice a 
year. It shall be convened by its Chairman, either on his own initiative, or at the request of at 
least one third of the members. 

Secretarial services shall be provided for the Committee by the Commission. 

(cid:208) 1612/68 

Article 26 

The Chairman may invite individuals or representatives of bodies with wide experience in the 
field  of  employment  or  movement  of  workers  to  take  part  in  meetings  as  observers  or  as 
experts. The Chairman may be assisted by expert advisers. 

Article 27 

1. An opinion delivered by the Committee shall not be valid unless two-thirds of the members 
are present. 

2.  Opinions  shall  state  the  reasons  on  which  they  are  based;  they  shall  be  delivered  by  an 
absolute majority of the votes validly cast; they shall be accompanied by a written statement 
of the views expressed by the minority, when the latter so requests. 

Article 28 

The  Advisory  Committee  shall  establish  its  working  methods  by  rules  of  procedure  which 
shall enter into force after the Council, having received an opinion from the Commission, has 
given  its  approval.  The  entry  into  force  of  any  amendment  that  the  Committee  decides  to 
make thereto shall be subject to the same procedure. 

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SECTION 2 

THE TECHNICAL COMMITTEE 

Article 29 

The  Technical  Committee  shall  be  responsible  for  assisting  the  Commission  to  prepare, 
promote  and  follow  up  all  technical  work  and  measures  for  giving  effect  to  this  Regulation 
and any supplementary measures. 

The Technical Committee shall be responsible in particular for: 

Article 30 

(a) 

(b) 

(c) 

(d) 

promoting  and  advancing  cooperation  between  the  public  authorities  concerned  in 
the  Member  States  on  all  technical  questions  relating  to  freedom  of  movement  of 
workers and their employment; 

formulating  procedures  for  the  organisation  of  the  joint  activities  of  the  public 
authorities concerned; 

facilitating the gathering of information likely to be of use to the Commission and for 
the studies and research provided for in this Regulation, and encouraging exchange 
of information and experience between the administrative bodies concerned; 

investigating at a technical level the harmonisation of the criteria by which Member 
States assess the state of their labour markets. 

Article 31 

1. The Technical Committee shall be composed of representatives of the Governments of the 
Member States. Each Government shall appoint as member of the Technical Committee one 
of the members who represent it on the Advisory Committee. 

2.  Each  Government  shall  appoint  an  alternate  from  among  its  other  representatives  
— members or alternates — on the Advisory Committee. 

Article 32 

The  Technical  Committee  shall  be  chaired  by  a  member  of  the  Commission  or  his 
representative.  The  Chairman  shall  not  vote.  The  Chairman  and  the  members  of  the 
Committee may be assisted by expert advisers. 

Secretarial services shall be provided for the Committee by the Commission. 

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Article 33 

The proposals and opinions formulated by the Technical Committee shall be submitted to the 
Commission, and the Advisory Committee shall be informed thereof. Any such proposals and 
opinions shall be accompanied by a written statement of the views expressed by the various 
members of the Technical Committee, when the latter so request. 

Article 34 

The  Technical  Committee  shall  establish  its  working  methods  by  rules  of  procedure  which 
shall enter into force after the Council, having received an opinion from the Commission, has 
given its approval. The entry into force of any amendment which the Committee decides to 
make thereto shall be subject to the same procedure. 

CHAPTER IV 

(cid:208) 1612/68 (adapted) 

FINAL PROVISIONS 

The  rules  of  procedure  of  the  Advisory  Committee  and  the  Technical  Committee  in  force 
⌦ on 8 November 1968 ⌫ shall continue to apply. 

Article 35 

Article 36 

1.  This  Regulation  shall  not  affect  the  provisions  of  the  Treaty  establishing  the  European 
Atomic Energy Community which deal with eligibility for skilled employment in the field of 
nuclear energy, nor any measures taken in pursuance of ⌦ that Treaty ⌫. 

Nevertheless, this Regulation shall apply to ⌦ the category ⌫ of workers referred to in the 
first  subparagraph  and  to  members  of  their  families  in  so  far  as  their  legal  position  is  not 
governed by the above-mentioned Treaty or measures. 

2. This Regulation shall not affect measures taken in accordance with Article ⌦ 48 ⌫ of the 
⌦ TFEU ⌫. 

3.  This  Regulation  shall  not  affect  the  obligations  of  Member  States  arising  out  of  special 
relations  or  future  agreements  with  certain  non-European  countries  or  territories,  based  on 
institutional  ties  existing  ⌦ on  8 November 1968 ⌫,  or  agreements  in  existence  ⌦ on 
8 November 1968 ⌫  with  certain  non-European  countries  or 
territories,  based  on 
institutional ties between them. 

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Workers  from  such  countries  or  territories  who,  in  accordance  with  this  provision,  are 
pursuing activities as employed persons in the territory of one of those Member States may 
not invoke the benefit of the provisions of this Regulation in the territory of the other Member 
States. 

(cid:208) 1612/68 

Article 37 

Member States shall, for information purposes, communicate to the Commission the texts of 
agreements,  conventions  or  arrangements  concluded  between  them  in  the  manpower  field 
between the date of their being signed and that of their entry into force. 

Article 38 

The Commission shall adopt measures pursuant to this Regulation for its implementation. To 
this  end  it  shall  act  in  close  cooperation  with  the  central  public  authorities  of  the  Member 
States. 

(cid:208) 1612/68 (adapted) 

Article 39 

The  administrative  expenditure  of 
the  Technical 
Committee ⌫ shall be included in the ⌦ general ⌫ budget of the European ⌦ Union ⌫ 
in the section relating to the Commission. 

the  ⌦ Advisory  Committee  and 

This Regulation shall apply to the Member States and to their nationals, without prejudice to 
Articles 2 ⌦ and ⌫ 3. 

Article 40 

(cid:208) 

Article 41 

Regulation (EEC) No 1612/68 is repealed. 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex II. 

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(cid:208) 1612/68 (adapted) 

Article 42 

⌦ This Regulation shall enter into force on the twentieth day following that of its publication 
in the Official Journal of the European Union. ⌫ 

(cid:208) 1612/68 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at […], […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

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(cid:207) 

ANNEX I  

Repealed Regulation with list of its successive amendments 

Council Regulation (EEC) No 1612/68  
(OJ L 257, 19.10.1968, p. 2) 

Council Regulation (EEC) No 312/76  
(OJ L 39, 14.2.1976, p. 2) 

Council Regulation (EEC) No 2434/92  
(OJ L 245, 26.8.1992, p. 1) 

Directive 2004/38/EC of the European Parliament 
and of the Council  
(OJ L 158, 30.4.2004, p. 77. Corrected version in  
OJ L 229, 29.6.2004, p. 35) 

_____________ 

Only Article 38(1)  

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ANNEXE II 

CORRELATION TABLE 

Regulation (EEC) No 1612/68 

This Regulation 

Part I 

Title I 

Article 1 

Article 2 

Chapter I 

Section 1 

Article 1 

Article 2 

Article 3(1), first subparagraph 

Article 3(1), first subparagraph 

Article 3(1), first subparagraph, first indent 

Article 3(1) first subparagraph, point (a) 

Article 3(1), first subparagraph, second indent  Article 3(1) first subparagraph, point (b) 

Article 3(1), second subparagraph 

Article 3(1), second subparagraph 

Article 3(2) 

Article 4 

Article 5 

Article 6  

Title II 

Article 7 

Article 8(1)  

Article 9  

Title III 

Article 12 

Part II 

Title I 

Article 13 

Article 14 

Title II 

Article 3(2) 

Article 4 

Article 5 

Article 6 

Section 2 

Article 7 

Article 8 

Article 9 

Section 3 

Article 10 

Chapter II 

Section 1 

Article 11 

Article 12 

Section 2 

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Article 15 

Article 16 

Article 17 

Article 18 

Title III 

Article 19 

Title IV 

Article 21 

Article 22 

Article 23 

Part III 

Title I 

Article 24 

Article 25 

Article 26 

Article 27 

Article 28 

Article 29 

Article 30 

Article 31 

Title II 

Article 32 

Article 33 

Article 34 

Article 35 

Article 36 

Article 37 

Article 13 

Article 14 

Article 15 

Article 16 

Section 3 

Article 17 

Section 4 

Article 18 

Article 19 

Article 20 

Chapter III 

Section 1 

Article 21 

Article 22 

Article 23 

Article 24 

Article 25 

Article 26 

Article 27 

Article 28 

Section 2 

Article 29 

Article 30 

Article 31 

Article 32 

Article 33 

Article 34 

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Part IV 

Title I 

Article 38 

Article 39 

Article 40 

Article 41 

Title II 

Article 42(1) 

Article 42(2) 

Chapter IV 

--- 

--- 

Article 35 

--- 

--- 

--- 

Article 36(1) 

Article 36(2) 

Article 42(3), first subparagraph, first and 
second indents 

Article 36(3), first subparagraph  

Article 42(3), second subparagraph  

Article 36(3), second subparagraph  

Article 43 

Article 44 

Article 45 

Article 46 

Article 47 

--- 

Article 48 

--- 

--- 

Article 37 

Article 38 

--- 

Article 39 

Article 40 

Article 41 

Article 42 

Annexe I 

Annexe II 

_____________ 

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