Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers
Date: 2013-04-26
Institutions: European Commission
Subjects: access to information, application of EU law, equal treatment, free movement of workers, job access, labour mobility, migrant worker, social integration, worker (EU), working conditions

EUROPEAN 
COMMISSION 

Brussels, 26.4.2013  
COM(2013) 236 final 

2013/0124 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on measures facilitating the exercise of rights conferred on workers in the context of 
freedom of movement for workers  

(Text with EEA relevance) 

{SWD(2013) 148 final} 
{SWD(2013) 149 final} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

General context 

Freedom  of  movement  for  workers  is  one  of  the  four  fundamental  freedoms  on  which  the 
Single Market is based. It is one of the core values of the European Union and a fundamental 
element  of  EU  citizenship.  Article  45  TFEU  enshrines  the  right  of  EU  citizens  to  move  to 
another  Member  State  for  work  purposes.  It  specifically  includes  the  right  not  to  be 
discriminated  against  on  the  grounds  of  nationality  as  regards  access  to  employment, 
remuneration  and  other  conditions  of  work.  It  also  includes  the  removal  of  unjustified 
obstacles to the freedom of movement of workers within the European Union. The Charter of 
Fundamental Rights of the European Union confirms in Article 15(2) that every citizen of the 
Union  has  the  freedom  to  seek  employment,  to  work,  to  exercise  the  right  of  establishment 
and to provide services in any Member State. 
Regulation  (EU)  No  492/20111  details  the  rights  derived  from  the  freedom  of  movement  of 
workers, and defines the specific areas where discrimination on the grounds of nationality is 
prohibited, in particular as regards2: 

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access to employment 
working conditions 
social and tax advantages  
access to training 
membership of trade unions  
housing 
access to education for children  

Article  45  TFEU  and  Regulation  (EU)  No  492/2011  are  directly  applicable  in  all  Member 
States.  This  means  that  there  is  no  need  to  adopt  national  legislation  to  transpose  those 
provisions. Any national authority at any level and any employer, whether public or private, 
must apply and respect the rights stemming from those provisions.  

In spite of this, EU citizens who want to move or who actually move from one Member State 
to  another  for  work  purposes  continue  to  face  problems  in  exercising  their  rights.  The 
difficulties  they  face  go  some  way  to  explaining  why  geographical  mobility  between  EU 
Member  States  has  remained  at  a  relatively  low  level:  according  to  the  EU-Labour  Force 
Survey,  in  2011,  only  3.1%  of  the  working-age  European  citizens  (15-64)  lived  in  an  EU 
Member State other than their own3.  

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Regulation  (EU)  No 492/2011  of  the  European  Parliament  and  of  the  Council  of  5 April  2011  on 
freedom  of  movement  for  workers  within  the  Union,  OJ  L  141,  27.5.2011,  p.  1–12.  This  regulation 
codifies Regulation 1612/68 and its successive amendments.  
For  a  full  description  of  the  rights  stemming  from  article  45  TFEU  and  Regulation  492/2011,  please 
consult the Communication of the Commission «Reaffirming the free movement of workers : rights and 
major developments”  COM(2010)  373  final  of  13  July  2010,  supplemented  by  the  Commission  Staff 
Working Document.  
Eurostat, EU-Labour Force Survey 2011. However, it should be noted that available data sources tend 
to underestimate the number of mobile EU citizens living/working in other EU Member States, either 
because those citizens do not register when living in other Member States or because existing surveys 

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A Eurobarometer survey in 2009 showed that while 60% of European citizens considered free 
movement of workers to be a good thing for European integration, only 48% thought it was 
positive  for  individuals.  Moreover,  according  to the  results  of  a  more  recent  Eurobarometer 
(September 2011)4, 15% of European citizens would not consider working in another Member 
State because they feel there are too many obstacles.  

Similarly, the European Parliament's report on 'Problems and prospects concerning European 
citizenship' of 20 March 2009 detailed persisting obstacles to the cross-border enjoyment of 
rights.  It  called  on  the  Commission  to  produce  a  list  of  obstacles  to  the  exercise  of  EU 
citizens' rights, based on the results of a public consultation, and make specific proposals to 
address those obstacles.  

More  recently  the  European  Parliament  by its  Resolution  on  promoting  workers'  mobility 
within the European Union of 25 October 2011 calls on the Commission and Member States 
to  take  measures  in  order  to  "to  guarantee…the  correct  implementation  of  the  existing 
legislation on non-discrimination, to take practical measures to enforce the principle of equal 
treatment of mobile workers…"5 

In  its  Conclusions  of  EPSCO  Council  of  March  2009  on  Professional  and  geographical 
mobility of the workforce and the free movement of workers within the European Union, the 
Council  invited  the  Commission  and  the  Member  States  'to  promote  measures  supporting 
labour and social mobility as well as the equal treatment and non-discrimination of migrant 
workers in line with the acquis' and to 'further develop appropriate strategies and tools for the 
identification and analysis of barriers to geographical and professional worker mobility and to 
effectively contribute to the removal of existing barriers, in accordance with the Treaties'. 

The report delivered by Mr Monti on 9 May 2010 (‘A new Strategy for the Single Market’) 
underlines the fact that the overall freedom of movement of workers is a success from a legal 
point of view, but it is the least used of the four freedoms of the Single Market. The report 
points out that the majority of Europeans see too many obstacles to working elsewhere in the 
EU  and  a  number  of  legal  and  administrative  barriers  still  remain  in  the  field  of  free 
movement  of  workers.  According  to  the  report,  obstacles  in  this  area  are  the  hardest  to 
overcome.  

In July 2010, in its Communication on "Reaffirming the free movement of workers: rights and 
major  developments"6  the  Commission  pointed  out  that  it  will  explore  ways  of  tackling  the 
new  needs  and  challenges  (in  particular  in  the  light  of  new  patterns  of  mobility)  facing  EU 
migrant  workers  and  their  family  members,  and  in  the  context  of  the  new  strategy  for  the 
single  market  will  consider  how  to  promote  and  enhance  mechanisms  for  the  effective 
implementation  of  the  principle  of  equal  treatment  for  EU  workers  and  members  of  their 
families exercising their right to free movement. 

This objective was reinforced in the 2010 EU Citizenship Report "Dismantling the obstacles 
to  EU  citizens  rights"7  of  27  October  2010.  The  Commission  identified  the  divergent  and 

mainly cover persons who are 'usually resident' in a country and not the short-term mobile workers (e.g. 
staying only a few months. 
Eurobarometer  363  "Internal  Market:  Awareness,  Perceptions  and  Impacts",  September  2011 
http://ec.europa.eu/public_opinion/archives/ebs/ebs_363_en.pdf 
http://www.europarl.europa.eu/RegData/seance_pleniere/textes_adoptes/provisoire/2011/10-
25/0455/P7_TA-PROV(2011)0455_EN.pdf 
COM(2010) 373 final of 13 July 2010 
COM(2010)603 

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incorrect application of EU law on the right to free movement as one of the main obstacles 
that  EU  citizens  are  confronted  with  in  the  effective  exercise  of  their  rights  under  EU  law. 
Accordingly,  the  Commission  announced  its  intention  to  take  action  to  'facilitate  free 
movement of EU citizens and their third-country national family members by enforcing EU 
rules  strictly,  including  on  non-discrimination,  by  promoting  good  practices  and  increased 
knowledge or EU rules on the ground and by stepping up the dissemination of information to 
EU citizens about their free movement rights'8.  

In  its  Employment  package  of  18  April  2012  (Communication  from  the  Commission 
"Towards  a  job-rich  recovery")9,  the  Commission  announced  its  intention  to  "present  a 
legislative  proposal  (information  and  advice)  in  order  to  support  mobile  workers  in  the 
exercise of rights derived from the Treaty and Regulation 492/2011 on freedom of movement 
for workers within the Union". 

President  Barroso  (Political  guidelines  for  the  2010-2014  Commission)  has  also  underlined 
the  gap  between  theory  and  practice  and  has  called  for  the  principle  of  free  movement  and 
equal  treatment  to  become  a  reality  in  peoples’  everyday  lives.  In  his  State  of  the  Union 
address on 12 September 2012, President Barroso underlined the  need to create a  European 
labour market, and make it as easy for people to work in another country as it is at home10. 

The gap between the rights that EU citizens have in theory and what happens in practice has 
also  been  underlined  in  several  reports  from  institutions  and,  increasingly,  the  European 
Union is being called upon to act in this regard11. 2013 has been designated as the European 
Year of Citizens12. It will focus on citizens' rights and on EU action ensuring that these rights 
are effectively enforced for the benefit of citizens and the EU as a whole. 

Over the years, the Commission has received a lot of complaints from citizens who want to 
move,  or  who  have  actually  moved  to  another  EU  country  for  work  purposes,  and  whose 
rights  are  not  respected.  Citizens  feel  unprotected  in  the  host  Member  State  and  unable  to 
overcome the obstacles they face.  

The Problem 

There are many different examples of obstacles and problems:  

(a)  Public  authorities  not  complying  with  EU  law  (non-conforming  legislation  or  incorrect 
application) and the effect on EU migrant workers 

Problems with compliance of national legislation and general practices still persist in Member 
States and continue to be reported to the Commission. These include: 

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different conditions applied for recruitment of EU nationals; 

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Action 15 of the 2010 EU Citizenship Report 
COM(2012) 173 final of 18 April 2012 
http://ec.europa.eu/soteu2012/ 
Report by the European Parliament on promoting workers' mobility within the European Union of July 
2011;  opinion  of  the  European  Economic  and  Social  Committee  on  the  identification  of  outstanding 
barriers to mobility in the internal labour market of March 2009. 
Decision 1093/2012/EU of the European Parliament and of the Council of 21 November 2012 on the 
European Year of Citizens (2013), OJ L 325, 23.11.2012, p. 1  

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nationality  conditions  for  access  to  posts  which  are  not  covered  by  the 
exception in Article 45(4) TFEU; 
introduction of nationality  quotas  for  EU citizens (e.g. in the field of  sport at 
professional level); 
different working conditions for EU nationals (remuneration, career prospects, 
grade, etc.);  
access to social advantages made subject to conditions which are more easily 
met by nationals than by EU citizens (e.g. a residence condition); 
professional qualifications and experience acquired in other Member States are 
not  taken  into  account  or  they  are  taken  into  account  in  a  different  way  than 
those  obtained  in  the  host  Member  State  for  the  purpose  of  access  to 
employment (e.g. additional points are awarded to the latter); 
residence condition required by national legislations for access to study grants 
for EU migrant workers and members of their families despite well-established 
case law of the CJ in this area;  
discrimination against frontier workers. 

(b) Employers and legal advisors not complying with EU law  
Information collected  by  experts  and  by the Commission13 suggests that there is a recurrent 
problem with public and private employers' awareness of EU rules, regardless of whether the 
legislation  at  national  level  is  compliant  or  not.  Being  unaware  of  the  rules  and  lack  of 
understanding  seem  to  be  the  main  reasons  for  this  problem,  especially  when  it  comes  to 
private  employers  (e.g.  only  residents  for  a  certain  period  can  apply  for  a  job  vacancy,  no 
recognition  of  previous  professional  experience  or  professional  qualifications  acquired  in 
another Member State, excessive language requirements etc.). 

Legal  advisors  are  also  not  always  aware  or  familiar  with  Union  law  on  free  movement  of 
workers. 

(c) EU migrant workers not having access to information or the means to ensure their rights 
In  several  surveys14,  citizens  have  mentioned  that  they  do  not  know  where  to  turn  to  when 
faced with problems concerning their EU rights. There is also evidence that migrants find it 
difficult to access the protection available to them, for example, they are not aware of national 
procedures and systems, they lack the linguistic ability to access services or the cost of legal 
advice and assistance is too high.  

The  problems  identified  affect  EU  citizens  who  move  to  another  Member  State  for 
employment purposes and come back to their Member State of origin in order to work.  

Objectives 

In order to tackle these problems specific objectives have been identified: 

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lessening discrimination against EU migrant workers on the grounds of nationality; 

closing  the  gap  between  EU  migrant  workers'  rights  on  paper  and  their  exercise  in 
practice by facilitating the correct implementation of existing legislation;  

See below under point 2. 
Eurobarometer  363  "Internal  Market:  Awareness,  Perceptions  and  Impacts",  September  2011 
http://ec.europa.eu/public_opinion/archives/ebs/ebs_363_en.pdf 

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– 

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2. 

reducing the incidence of unfair practices against EU migrant workers;  

and empowering EU migrant workers to ensure their rights are respected. 

RESULTS  OF  CONSULTATION  WITH  INTERESTED  PARTIES  AND  OF 
IMPACT ASSESSMENT 

2.1. 

Consultation with interested parties 

(a) Network of experts on free movement of workers 

The network of legal experts in the field of free movement of workers reports annually on the 
legal situation pertaining in the European Union15.  
The first report16, finalised in January 2011, focused on the enforceability of the right to equal 
treatment on the basis of nationality as regards EU migrant workers and on the existing legal 
framework in each Member State. The report came to the conclusion that this right is rarely 
given  the  same  level  of  protection  and  guarantees  as  the  right  to  equal  treatment  on  other 
grounds (such as race, age and sex). EU migrant workers are still perceived in most of the EU 
countries  as  holding  a  status  closer  to  that  of  third-country  national  workers  than  to  that  of 
national workers. Many EU migrant workers facing discrimination based on their nationality 
have  to  rely  on  a  generous  interpretation  of  national  law  adopted  to  implement  the  EU 
equality Directives combating discrimination on other grounds.  

The second report, submitted in October 2011, presented an overview of the main problems 
surrounding application of the rules on free movement of workers identified in each Member 
State.  There  are  some  problems,  apparently  of  a  systemic  nature  in  some  Member  States, 
which  simply  constitute  unlawful  discrimination.  Most  of  the  problems  stem  from  indirect 
discrimination or unjustified restrictions on the exercise of workers' right to free movement. 
For  example,  residence  criteria  governing  eligibility  for  certain  social  and  tax  advantages, 
excessive language requirements, or Member States failing to take into account years worked 
in  a  similar  post  in  other  EU  Member  States  for  the  purpose  of  calculating  a  public-sector 
employee’s seniority and associated advantages. 

(b) Discussion within the Advisory Committee on free movement of workers  

Barriers  to  free  movement  of  workers,  problems  of  discrimination  on  the  grounds  of 
nationality and the need to better enforce the current EU rules were discussed at a series of 
meetings of the Advisory Committee on Free Movement of Workers between October 2010 
and  October  2012.  The  members  of  the  Advisory  committee,  made  up  of  representatives  of 
Member  States  and  Social  Partners  represented  at  European  and  national  level,  were  also 
asked to reply to a questionnaire issued by the Commission. The questionnaire was designed 

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The Annual European Reports provided by the network since 2006 are available at the following link: 
http://ec.europa.eu/social/keyDocuments.jsp?type=0&policyArea=25&subCategory=475&country=0&
year=0&advSearchKey=consolidated+report&mode=advancedSubmit&langId=en 
They  are  based  on  annual  national 
reports 
http://ec.europa.eu/social/keyDocuments.jsp?type=0&policyArea=25&subCategory=475&country=0&
year=0&advSearchKey=%22national+report%22&mode=advancedSubmit&langId=en 
Thematic 
http://ec.europa.eu/social/main.jsp?catId=475&langId=en 

for  each  Member  State,  available  at 

"Application 

Regulation 

1612/68", 

January 

report 

2011 

of 

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to identify what action is being taken at national level to inform, assist, support and protect 
EU workers in relation to the implementation of Regulation (EU) No 492/2011. 

The  members  of  the  Committee  acknowledged  the  importance  of  the  real  and  effective 
application of existing rights. Suggested responses to this need ranged from awareness raising 
activities to stronger enforcement of the rules and better access to information and support for 
EU  migrant  workers.  During  the  meeting  of  the  Advisory  Committee  on  free  movement  of 
workers  of  30th  October  2012,  Social  partners,  both  ETUC  and  Business  Europe,  expressed 
broadly favourable positions to the proposal of a Directive.  

(c) Public consultation 

The Commission carried out a public consultation between June and August 2011. Citizens, 
national  authorities,  labour  unions,  employers’  organisations,  and  associations  (NGOs, 
associations  of  independent  professionals,  etc.)  gave  their  views  on  the  main  problems 
workers face when exercising their right to free movement, on the current level of workers' 
protection and on the need for the EU to act in order to help workers fully enjoy their rights.  

A  total  of  243  replies  were  received,  of  which  169  were  from  citizens  and  74  were  from 
organisations, including national authorities. Among the responses from organisations, trade 
unions were the most active in providing contributions (27% of the respondents), followed by 
NGOs (17%), national authorities (15%) and employers' organisations (12%). 

The  majority  of  respondents  agreed  that  EU  workers  should  be  better  protected  against 
discrimination  on  the  grounds  of  nationality.  Adoption  of  EU  legislation  was  the  most 
important course of action suggested by trade unions, NGOs, private companies, regional and 
local authorities and citizens. National authorities were divided. Employers clearly indicated 
that awareness-raising is very important. Setting up contact points or structures in the Member 
States  was  seen  as  an  important  measure  by  the  majority  of  respondents.  Exchanges  of 
practice  between  EU  countries  was  also  considered  an  important  tool,  while  non-profit 
organisations,  trade  unions,  private  companies  and  regional  authorities17saw  supporting 
organisations as important. 

2.2. 

Impact assessment 

In line with its policy on better regulation, the Commission conducted an impact assessment 
of policy alternatives, based on an external study18, which concluded in April 2012.19  

The different policy alternatives contain a range of options representing different degrees of 
EU  intervention:  maintaining  the  status  quo,  effecting  change  without  regulation,  or 
regulating. With respect to the latter, the options provide differentiated scenarios ranging from 
soft  intervention  (non-binding  legal  instrument  such  as  a  Recommendation)  to  maximum 
intervention in the form of a binding legal instrument such as a Directive. 

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A summary of the responses received is included in annexes 7 and 8 of the Commission Staff working 
document  annexed  to  this  proposal  "Initiative  to  support  EU  migrant  workers  in  the  exercise  of  their 
rights to free movement". 
Multiple  Framework  Contract  VT  2011/012,  Study  to  analyse  and  assess  the  socio-economic  and 
environmental  impact  of  possible  EU  initiatives  in  the  area  of  freedom  of  movement  of  workers,  in 
particular with regard to the enforcement of the current EU provisions (VC/2011/0476). 
Study to analyse and assess the impact of possible EU initiatives in the area of freedom of movement 
for  workers,  in  particular  with  regard  to  the  enforcement  of  current  provisions,  by  Ramboll, 
http://ec.europa.eu/social/main.jsp?catId=474&langId=en 

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All these options were analysed against the general objectives.  

The  Impact  Assessment  demonstrated  that  a  binding  legislative  initiative  would  impact 
tangibly  on  the  exercise  of  free  movement  rights.  A  binding  legal  instrument  imposing 
obligations on Member States to adopt appropriate measures to ensure that there are effective 
mechanisms  for  the  dissemination  of  information  and  advice  to  citizens  is  an  effective  and 
efficient way of achieving the stated objectives. 

The  preferred  option  is  a  Directive  combined  with  other  initiatives,  such  as  common 
guidelines on specific subjects to be adopted by the Technical Committee20 on free movement 
of  workers.  A  Common  Guidance  document  would  address  the  specific  issue  of  the 
application of EU law in the field of the free movement of workers.  

A  Directive  introducing  measures  intended  to  support  EU  migrant  workers  confronted  with 
problems of free movement would aim to raise national authorities' awareness of the issue and 
increase their action against discrimination on the grounds of nationality. Through increased 
visibility of the issue, citizens would become more informed about their rights and public and 
private  sector  employers  and  other  stakeholders'  (NGOs,  Social  Partners…)  would  also 
become more aware. Moreover, without creating additional burdens on employers, a Directive 
would  significantly  contribute  to  better  understanding  and  enforcement  of  EU  law  by 
specifically  requiring  Member  States  to  ensure  that  stakeholders  are  better  informed. 
Additionally,  by  providing  a  specific  means  of  redress  against  any  breach  of  rights  under 
Article 45 TFEU and allowing third parties to intervene on behalf of EU migrant workers, it 
will become easier for citizens to exercise their rights and receive support in doing so.  

The draft impact assessment was endorsed by the Impact Assessment Board (‘IAB’) in July 
2012.  The  opinion  of  the  IAB  as  well  as  the  final  Impact  Assessment  and  its  executive 
summary are published together with this proposal. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

General context — summary of the proposed action 

The present proposal for a Directive aims to improve and reinforce the way in which Article 
45  TFEU  and  Regulation  (EU)  No  492/2011  are  applied  in  practice  across  the  European 
Union by establishing a general common framework of appropriate provisions and measures 
for  facilitating  a  better  and  more  uniform  application  of  rights  conferred  by  EU  law  on 
workers and members of their families exercising their right to free movement.  

The proposal for a Directive introduces, in particular, legal obligations in order to: 

-  guarantee  EU  migrant  workers  an  appropriate  means  of  redress  at  national  level.  Any  EU 
worker  who  believes  that  he/she  has  been  the  victim  of  discrimination  on  the  grounds  of 
nationality  should  be  able  to  make  use  of  appropriate  administrative  and/or  judicial 
procedures to challenge the discriminatory behaviour; 

-  further  protect  workers  by  ensuring  that  associations,  organisations  or  other  legal  entities 
with  a  legitimate  interest  in  the  promotion  of  the  rights  to  free  movement  of  workers  may 

20 

Technical  Committee  foreseen  by  Regulation  492/2011  is  composed  by  representatives  of  Member 
States. 

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engage  in  any  administrative  or  judicial  procedure  on  behalf  or  in  support  of  EU  migrant 
workers where there has been a violation of their rights; 

- set up structures or bodies at a national level which will promote the exercise of the right to 
free  movement  by  providing  information  and  supporting  and  assisting  EU  migrant  workers 
who suffer from nationality based -discrimination; 

-  raise  awareness  by  providing  employers,  workers,  and  any  other  interested  parties  with 
easily accessible relevant information; 

- promote dialogue with appropriate non-governmental organisations and the social partners. 

3.2. 

Legal basis 

This  proposal  is  based  on  Article  46  TFEU,  the  same  legal  base  as  Regulation  (EU)  No 
492/2011,  which  allows  for  the  adoption  of  Regulations  or  Directives  under  the  ordinary 
legislative procedure. 

3.3. 

Subsidiarity and proportionality principles 

The  problems  identified  with  respect  to  the  application  and  enforcement  of  EU  Law  on  the 
free movement of workers, and in particular of Regulation (EU) No 492/2011, are linked to 
the  objectives  set  out  in  Article  3(3)  TEU,  under  which  the  European  Union  established  an 
internal  market  based  on  a  highly  competitive  social  market  economy,  aimed  at  full 
employment  and  social  progress,  and  in  Articles  45  (freedom  of  movement  and  non- 
discrimination  on  the  grounds  of  nationality  for  EU  workers)  and  18  TFEU  (non- 
discrimination on the grounds of nationality for EU citizens). 

The  applicable  EU  rules  need  to  be  applied  appropriately  and  effectively.  Differences  and 
disparities in the way Regulation (EU) No 492/2011 is applied and enforced in the different 
Member States are detrimental to the proper functioning of free movement as a fundamental 
freedom. There is evidence to suggest it is very difficult to create the required level playing 
field  for  workers  exercising  their  right  to  free  movement  throughout  the  EU.  Under  these 
circumstances, the necessary legal clarity and certainty can only be achieved at EU level. 

The objectives of the proposal cannot be sufficiently achieved by Member States and action at 
EU level is therefore required. 

In  line  with  the  principle  of  proportionality,  this  Directive  does  not  go  beyond  what  is 
necessary  in  order  to  achieve  the  objectives.  In  order  to  improve  the  application  and 
enforcement  of  Regulation  (EU)  No  492/2011  in  practice,  it  proposes  preventive  measures, 
such  as  the  guarantee  of  appropriate  means  of  redress  and  the  provision  of  information 
support and advice in accordance with national traditions and practices.  

Bearing in mind the nature of the proposed measures, it will give Members States the freedom 
to  choose  the  implementing  measures  best  suited  to  their  national  judicial  systems  and 
procedures. 

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3.4. 

Detailed explanation of the proposal 

3.4.1.  CHAPTER I GENERAL PROVISIONS 

3.4.1.1.  Article 1 - Subject matter 

Article 45 TFEU is a provision of EU law which is directly applicable in the national judicial 
order of Member States and which directly confers on European citizens the right to move to 
another Member State for work purposes and to accept offers of employment, to work there 
without  needing  a  work  permit,  to  reside  there for  that  purpose  and  to  stay  there  even  after 
employment has finished. It also confers the right to enjoy equal treatment with nationals as 
regards access to employment, remuneration and other conditions of work and employment. 
Thus it implies the abolition of any discrimination (direct or indirect) based on nationality in 
the exercise of these rights as well as of any unjustified obstacle which impedes the exercise 
of the right to free movement21. 

Regulation  (EU)  No  492/2011  is  also  a  legal  instrument  which  by  its  nature  is  directly 
applicable and Member States do not have to take implementing measures in order for their 
citizens to be able to rely on the rights conferred by that Regulation. 

The rights conferred by that Regulation on individuals, which will be easier to enforce under 
the  present  proposal,  are  those  contained  in  Chapter  I  “Employment,  Equal  treatment  and 
Workers’  families,  in  Articles  1  to  10.  They  concern  in  particular  access  to  employment 
(Section  1,  Eligibility  to  employment,  Articles  1  to  6),  equal  treatment  in  relation  to 
employment  and  working  conditions  (Section  2,  Employment  and  equality  of  treatment, 
Articles 7 to 9) and the family members of the worker (Section 3, Workers’ families, article 
10). 

The  present  proposal  for  a  Directive  does  not  concern  Chapter  II  of  Regulation  (EU)  No 
492/2011,  Clearance  of  vacancies  and  applications  for  employment  (Articles  11  to  20), 
Chapter III, Committees for ensuring close cooperation between the Member States in matters 
concerning the freedom of movement of workers and their employment (Articles 20 to 34) or 
Chapter IV, Final provisions (Articles 35 to 42). 

3.4.1.2.  Article 2-Scope 

The proposal does not modify the scope of application of the Regulation (EU) No 492/2011. 
It  only  applies  in  cases  of  discrimination  on  the  grounds  of  nationality  in  relation  to  the 
matters covered by that Regulation, by introducing the provisions of protection, information 
and  support,  in  accordance  with  Articles  3  to  7  of  the  present  proposal  for  a  Directive.  It 
underpins  the  guarantee  of  equal  treatment  and  reinforces  remedies  in  cases  of  unjustified 
obstacles in relation to eligibility and access to employment for workers exercising their right 
to free movement within the European Union. 

In this context the proposal for a Directive covers the following matters: 

- access to employment; 
- conditions of employment and work in particular as regards remuneration and dismissal 

21 

See  in  particular  in  Case  C-325/08:  Judgment  of  the  Court  of  16 March  2010,  Olympique  Lyonnais 
SASP v Olivier Bernard, Newcastle United FC, ECR 2010, p.I-2177. 

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- access to social and tax advantages; 
- membership of trade unions; 
- access to training; 
- access to housing; 
- access to education for workers' children. 

3.4.2.  CHAPTER II - ENFORCEMENT 

3.4.2.1.  Article 3- Defence of rights - Means of redress - Time limits 

This  Article  imposes  a  legal  obligation  on  Member  States  to  provide  EU  migrant  workers 
with  appropriate  means  of  redress  at  national  level.  It  also  relates  to  the  enforcement  and 
defence of rights, which in itself concerns a fundamental right. The Charter of Fundamental 
Rights of the European Union confirms the right to an effective remedy for everyone whose 
rights  and  freedoms  guaranteed  by  the  law  of  the  European  Union  are  violated  or  not 
respected.  The  proposal  covers  both  judicial  and  extra-judicial  means  of  redress,  including 
alternative  dispute  settlement  mechanisms  such  as  conciliation  and  mediation.  Ombudsmen 
and equality bodies or other similar structures may also provide an alternative to the general 
courts. In accordance with Article 47 of the Charter of Fundamental Rights of the European 
Union this Article provides that, in case where Member States only provide for administrative 
procedures,  they  shall  ensure  that  any  administrative  decision  may  be  challenged  before  a 
tribunal. 
In  conformity  with  the  case-law  of  the  CJ22,  paragraph  2  of  this  Article  specifies  that  the 
previous paragraph is without prejudice to national rules relating to time limits for bringing 
actions  as  regards  the  principle  of  equal  treatment,  provided  that  these  time  limits  are  such 
that  they  cannot  be  regarded  as  capable  of  rendering  virtually  impossible  or  excessively 
difficult the exercise of rights conferred by Union law on free movement of workers. 

3.4.2.2.  Article 4 - Action of associations, organisations or other legal entities 

This  Article  introduces  an  obligation  for  Member  States  to  ensure  that  associations, 
organisations  or  legal  entities  (such  as  trade  unions,  NGOs  or  other  organisations)  may 
engage  in  any  administrative  or  judicial  procedure  on  behalf  or  in  support  of  EU  migrant 
workers  in  the  event  of  violations  of  their  rights  under  either  the  Directive  or  under 
Regulation (EU) No 492/2011. It would be left to Member States' discretion to define the way 
this provision should be implemented in practice, according to the national judicial systems 
and procedures. 

Associations, organisations or other legal entities can play a significant role in the defence of 
rights on behalf of or in support of a worker and members of his/her family23. The assistance 
could  be  different  from  one  Member  State  to  another  according  to  their  judicial  system, 
procedures, traditions and practices (e.g. the trade unions could intervene, or bear the costs or 
assisting victims of discrimination). 

Mirroring  Article  3  the  second  paragraph  of  Article  4  specifies  that  the  first  paragraph  is 
without prejudice to national rules relating to time limits for bringing actions. 

22 
23 

Judgement of 16th May 2000 in case C-78/98 Preston ECR 2000 p. I-03201. 
At  present,  this  right  under  different  forms  exist  in  the  majority  of  Member  States  except  Germany, 
Estonia and Malta. 

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3.4.3.  CHAPTER  III  -  PROMOTION  OF  EQUAL  TREATMENT  -  CONTACT  POINTS, 

STRUCTURES OR BODIES - DIALOGUE  

3.4.3.1.  Article 5 – Contact points, structures or bodies. 

This Article provides for structures on information, promotion and support or for bodies to be 
established at national level to support EU migrant workers and promote, analyse and monitor 
the rights conferred on them and the members of their families by EU law. These functions 
may, however, also be exercised by existing bodies already established by Member States to 
fight discrimination on other grounds in the context of the implementation of EU legislation, 
or  agencies  with  responsibility  at  national  level  for  the  defence  of  human  rights  or  the 
safeguard of individuals' rights. In this case Member State must ensure allocation of sufficient 
resources to the existing body for the performance of additional tasks. To this end the training 
of experts could be eligible under the European Social Fund. 

The tasks of these structures or bodies should include: 

(a) 

(b) 

(c) 

(d) 

Providing  information  to  all  relevant  stakeholders  and  increasing  support  for  EU 
migrant  workers;  providing  advice  and  assistance 
to  alleged  victims  of 
discrimination pursuing their complaints, without prejudice to the rights of the legal 
entities referred to in Article 4. Whilst in some countries equality bodies established 
under  EU  Directives  fighting  discrimination  on  other  grounds  have  legal  standing 
and  can  bring  a  case  to  court,  in  others,  they  can  only  provide  assistance  to  the 
claimant, or provide observations to the court. 

Conducting  independent  surveys  concerning  discrimination  on  the  basis  of 
nationality; 

Publishing independent reports and making recommendations in relation to equality 
of treatment and the fight against nationality based discrimination. 

Publishing information on any issue relating to the application at national level of EU 
rules on free movement of workers. 

It would be left to each Member State to decide whether creating a completely new structure 
is  necessary,  or  whether  existing  bodies  can  be  assigned  the  tasks  described  above  for  the 
promotion of non-discrimination exist in all Member States. At present 'nationality' could be 
covered by the competence of existing Equality bodies in 19 Member States24.  

Moreover,  this  Article  provides  for  synergies  between  existing  or  new  structures  or  bodies 
with  other  information,  promotion  and  support  tools  at  EU  level,  such  as  Your  Europe, 
SOLVIT, EURES, Enterprise Europe Network and the Points of Single Contact.  

Building on existing structures has the advantage of benefiting of the existing knowledge and 
experience.  It  also  increases  simplicity  and  accessibility  since  it  avoids  the  risk  of  creating 
confusion and uncertainty as to where to turn in case of problems. 

24 

AT, BE, BG, EE, FI, FR, HU, IE, IT, LT, LV, NL, PL, PT, RO, SE, SL, SK, UK. For more information 
please refer to the Commission Staff working document annexed to this proposal "Initiative to support 
EU migrant workers in the exercise of their rights to free movement", point 3.1.3. 

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3.4.3.2.  Article 6 - Dialogue 

This Article requires Member States, in accordance with national traditions and practices, to 
take  adequate  measures  to  encourage  and  promote  dialogue  with  social  partners  and  non-
governmental organisations which have, in accordance with their national law and practice, a 
legitimate interest in contributing to the fight against discrimination on grounds of nationality.  

3.4.4.  CHAPTER IV - ACCESS TO INFORMATION 

3.4.4.1.  Article 7 - Dissemination of information 

This  Article  provides  for  the  appropriate  dissemination  of  information  about  the  rights  of 
workers  and  members  of  their  families  in  relation  to  equal  treatment  arising  from  the 
Directive and from Articles 1 to 10 of Regulations (EU) No 492/2011. The more effective the 
system of public information and prevention is, the less need there should be for individual 
remedies. The proposal for a Directive leaves the choice of information tools to the Member 
States,  but  on  line  or  digital  information  with  links  to  the  existing  information  tools  at  EU 
level, Your Europe and EURES websites should be made compulsory. 
However, this can be complemented by any other public information activities reflecting the 
best  practices  noted  by  the  national  experts  and  stakeholders  such  as  awareness-raising 
campaigns or specific information. The active role of social partners, equality bodies, NGOs 
and other associations could also be very important in the dissemination of the information.  

3.4.5.  CHAPTER V - FINAL PROVISIONS 

3.4.5.1.  Article 8 - Minimum requirements 

The  first  paragraph  is  a  standard  'non-regression'  provision  which  specifies  that  Member 
States may have, or may wish to adopt, legislation providing for a higher level of protection 
than that guaranteed by the proposed Directive.  

The  second  paragraph  expressly  indicates  that  Member  States  have  the  discretion  to  extend 
the competencies of the bodies referred to in Article 5 to encompass also non-discrimination 
on grounds of nationality for all EU citizens and their family members exercising their right to 
free movement, as enshrined in Article 21 TFEU and Directive 2004/38/EC of the European 
Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their 
family members to move and reside freely within the territory of the Member States25.  

The  third  paragraph  provides  that  Member  States  should  not  lower  any  existing  level  of 
protection against discrimination when implementing this Directive. 

3.4.5.2.  Article 9 - Transposition 

Member States are required to adopt the necessary implementing measures within a period of 
2  years  after  the  entry  into  force  of  the  Directive,  and  to  fulfil  certain  information 
requirements, such as communicating to the Commission how the Directive is transposed into 
national law and making reference to the Directive in any implementing measures. 

In  this  context  in  accordance  with  the  Joint  Political  Declaration  of  Member  States  and  the 
Commission  on  explanatory  documents  of  28  September  2011,  it  would  be  appropriate  that 
Member States accompany the notification of their transposition measures with one or more 

25 

OJ L 158, 30.4.2004 

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documents explaining the relationship between the components of the present Directive and 
the corresponding parts of national transposition instruments. Bearing in mind that for some 
provisions of this Directive, such as those on structures or bodies foreseen in Article 5 several 
Member  States  dispose  already  legislation  to  fight  discrimination  on  other  grounds  in  the 
context  of  the  implementation  of  EU  legislation,  or  agencies  with  responsibility  at  national 
level for the defence of human rights or the safeguard of individuals' rights, the explanatory 
documents would permit to better identify the specific measures adopted or already in place in 
order to fight discrimination on the basis of nationality. 

3.4.5.3.  Article 10 - Report 

The  Commission  has  to  present  a  report  to  the  European  Parliament,  the  Council  and  the 
European  Economic  and  Social  Committee  on  the  implementation  of  this  Directive  no  later 
than  two  years  after  the  expiry  of  the  deadline  for  its  transposition.  It  can  also  make 
appropriate  proposals  for  further  measures  where  necessary.  Therefore,  in  the  context  of  its 
implementation  report  and  experience  gained  on  the  ground,  the  Commission  will  also 
monitor the way Member States opted to extend the competencies of the structures and bodies 
referred  to  in  Article  5  to  the  right  to  equal  treatment  without  discrimination  on  grounds  of 
nationality  of  all  Union  citizens  and  their  family  members  exercising  their  right  to  free 
movement under Union law. 

3.4.5.4.  Article 11 - Entry into force 

This  is  a  standard  clause  specifying  that  this  Directive  will  enter  into  force  on  the  day 
following that of its publication in the Official Journal of the European Union. 

3.4.5.5.  Article 12 - Addresses 

This is a standard provision specifying that the Directive is addressed to the Member States. 

4. 

BUDGETARY IMPLICATIONS 

This proposal is expected to have limited implications on the Union budget. Expenses for an 
evaluation study in 2015 are estimated to not exceed 0,300 million EUR and will be covered 
by funds available from the budget line financing the free movement of workers, coordination 
of social security systems and measures for migrants, including migrants from third countries. 
Costs for human resources (0,131 million EUR p.a.) will be covered under heading 5 of the 
Multiannual Financial Framework. Details are given in the financial statement annexed to this 
proposal. 

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2013/0124 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on measures facilitating the exercise of rights conferred on workers in the context of 
freedom of movement for workers  

(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, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee26, 

Having regard to the opinion of the Committee of the Regions27, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

The free movement of workers is a fundamental freedom of EU citizens and one of the 
pillars of the internal market in the Union enshrined in Article 45 of the Treaty on the 
Functioning of the European Union. Its implementation is further developed by Union 
law aimed at guaranteeing the full exercise of rights conferred on Union citizens and 
the members of their families.  

The free movement of workers is also a key element to the development of a genuine 
Union  labour  market,  allowing  workers  to  move  from  high  unemployment  areas  to 
areas where there are labour shortages, helping more people find posts better suited to 
their skills and overcoming bottlenecks in the labour market.  

The free movement of workers gives every citizen the right to move freely to another 
Member  State  to  work  and  reside  there  for  that  purpose.  It  protects  them  against 
discrimination on the grounds of nationality as regards employment, remuneration and 
other working conditions by ensuring their equal treatment in comparison to nationals 

26 
27 

OJ C , , p. . 
OJ C , , p. . 

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of  that  Member  State.  It  needs  to  be  distinguished  from  the  freedom  to  provide 
services,  which  includes  the  right  of  undertakings  to  provide  services  in  another 
Member State, for which they may send (‘post’) their own workers to another Member 
State temporarily to carry out the work necessary to provide these services there. 

(4)  With respect to workers and workers' families exercising their right to free movement, 
Article 45 of the Treaty confers substantial rights for the exercise of this fundamental 
freedom, specified in Regulation (EU) No 492/2011 of the European  Parliament  and 
of  the  Council  of  5  April  2011  on  freedom  of  movement  for  workers  within  the 
Union28. 

(5) 

(6) 

(7) 

However,  the  effective  exercise  of  the  freedom  of  movement  of  workers  is  still  a 
major  challenge  and  many  workers  are  very  often  unaware  of  their  rights  to  free 
movement.  They  still  suffer  from  discrimination  on  the  grounds  of  nationality  when 
moving  across  European  Union  borders  of  the  Member  States.  There  is,  therefore,  a 
gap between the legislation and its application in practice that needs to be addressed. 

In July 2010, in its Communication on " Reaffirming the free movement of workers: 
rights  and  major  developments"29  the  Commission  pointed  out  that  it  will  explore 
ways  of  tackling  the  new  needs  and  challenges  (in  particular  in  the  light  of  new 
patterns of mobility) facing EU migrant workers and their family members, and in the 
context  of  the  new  strategy  for  the  single  market  will  consider  how  to  promote  and 
enhance  mechanisms  for  the  effective  implementation  of  the  principle  of  equal 
treatment for EU workers and members of their families exercising their right to free 
movement. 

In the 2010 EU Citizenship Report "Dismantling the obstacles to EU citizens rights" of 
27 October 201030, the Commission identified the divergent and incorrect application 
of Union law on the right to free movement as one of the main obstacles that Union 
citizens are confronted with in the effective exercise of their rights under Union law. 
Accordingly, the Commission announced its intention to take action to "facilitate free 
movement  of  EU  citizens  and  their  third-country  national  family  members  by 
enforcing  EU  rules  strictly,  including  on  non-discrimination,  by  promoting  good 
practices and increased knowledge or EU rules on the ground and by stepping up the 
dissemination of information to EU citizens about their free movement rights"(action 
15 of the 2010 EU Citizenship Report).  

(8) 

In its Employment package of 18 April 2012 (Communication from the Commission 
"Towards a job-rich recovery")31, the Commission announced its intention to "present 
a legislative proposal (information and advice) in order to support mobile workers in 
the exercise of rights derived from the Treaty and Regulation 492/2011 on freedom of 
movement for workers within the Union". 

28 
29 
30 
31 

OJ L 141, 27.5.2011, p. 1. 
COM(2010) 373 final of 13 July 2010 
COM(2010)603 
COM(2012) 173 final of 18 April 2012 

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(9) 

Adequate and effective application and enforcement are key elements in protecting the 
rights  of  workers,  whereas  poor  enforcement  undermines  the  effectiveness  of  the 
Union rules applicable in this area.  

(10)  A more effective and uniform  application of rights  conferred by Union rules on free 
movement  of  workers  is  also  necessary  for  the  proper  functioning  of  the  internal 
market. 

(11)  The  application  and  monitoring  of  the  Union  rules  on  free  movement  should  be 
improved  to  ensure  workers  are  better  informed  about  their  rights,  to  assist  and  to 
protect them in the exercise of those rights, and to combat circumvention of these rules 
by public authorities and public or private employers. 

(12) 

In  order  to  ensure  the  correct  application  of,  and  to  monitor  compliance  with,  the 
substantive  rules  concerning  workers'  rights  to  free  movement  for  work  purposes, 
Member  States  should  take  the  appropriate  measures  to  protect  them  against  both 
discrimination on grounds of nationality and any unjustified obstacle to the exercise of 
that right. 

(13)  To that end it is appropriate to provide specific rules for effective enforcement of the 
substantive  rules  governing  the  freedom  of  movement  of  workers,  and  to  facilitate 
better  and  more  uniform  application  of  Article  45  of  the  Treaty  and  of  Regulation 
(EU) No 492/2011. 

(14) 

In  this  context,  workers  who  have  been  subject  to  discrimination  on  the  grounds  of 
nationality, or to any unjustified restriction in exercising their right to free movement, 
should  have  adequate  and  effective  means  of  legal  protection  and  redress.  When 
Member States only provide for administrative procedures they shall ensure that any 
administrative decision may be challenged before a tribunal in the sense of Article 47 
of the Charter. 

(15)  To  provide  more  effective  levels  of  protection,  associations  and  legal  entities  should 
also  be  empowered  to  engage,  as  the  Member  States  determine,  on  behalf  of  or  in 
support of any victim in proceedings, without prejudice to national rules of procedure 
concerning representation and defense before the courts.  

(16) 

In relation to time limits foreseen in Articles 3(2) and 4(2) and in accordance with the 
case law of the European Court of Justice32 these time limits should be such that they 
cannot be regarded as capable of rendering virtually impossible or excessively difficult 
the exercise of rights conferred by Union law,  

(17)  Protection against discrimination based on the grounds of  nationality  would itself be 
strengthened by the existence of organisations in each Member State with competence 
to  promote  equal  treatment,  to  analyse  the  problems  involved  in  citizen's  cases,  to 
study possible solutions and to provide specific assistance to Union workers exercising 
their right to free movement.  

32 

Judgement of 16th May 2000 in case C-78/98 Preston ECR 2000 p. I-03201. 

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(18) 

It is up to each Member State to decide whether the tasks referred to in Article 5 of 
this  Directive  are  attributed  to  an  already  existing  body  covering  a  wider  range  of 
discrimination  grounds.  In  the  case  the  tasks  under  Article  5  will  be  covered  by 
expanding  the  mandate  of  an  already  existing  body  or  structure,  the  Member  State 
should  ensure  allocation  of  sufficient  resources  to  the  existing  body  for  the 
performance  of  additional  tasks  in  order  to  ensure  that  the  performance  of  already 
existing tasks of these bodies will not suffer. 

(19)  Member  States  should  ensure  the  promotion  of  synergies  with  existing  information 
and support tools at the Union level and to this end they should ensure that existing or 
newly  created  bodies  are  aware,  make  use  of  and  co-operate  with  the  existing 
information  and  assistance  services,  such  as  Your  Europe,  SOLVIT,  EURES, 
Enterprise Europe Network and the Points of Single Contact. 

(20)  Member  States  should  promote  dialogue  with  non-governmental  organisations  and 
between social partners to address and combat different forms of discrimination on the 
grounds of nationality. 

(21)  Member  States  should  make  information  about  employment  terms  and  conditions 
more  widely  available  to  workers  from  other  Member  States,  to  employers  and  to 
other interested parties.  

(22)  Member  States  should  establish  how  employers,  workers  and  other  people  can  be 
provided  with  easily  accessible,  relevant  information  on  the  provisions  of  this 
Directive  and  the  relevant  provisions  of  Regulation  (EU)  No  492/2011.  This 
information should also be easily accessible through Your Europe and EURES. 

(23)  This Directive lays down minimum requirements, thus giving the Member States the 
option of introducing or maintaining more favourable provisions. Member States also 
have  the  possibility  to  extend  the  competencies  of  the  organisations  entrusted  with 
tasks  related  to  the  protection  of  Union  migrant  workers  against  discrimination  on 
grounds  of  nationality  so  as  to  cover  the  right  to  equal  treatment  without 
discrimination  on  grounds  of  nationality  of  all  Union  citizens  and  their  family 
members exercising their right to free movement, as enshrined in Article 21 TFEU and 
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 
on  the  right  of  citizens  of  the  Union  and  their  family  members  to  move  and  reside 
freely within the territory of the Member States33. The implementation of the present 
Directive should not serve to justify any regression in relation to the situation which 
already prevails in each Member State. 

(24)  The effective implementation of the provisions of this Directive implies that Member 
States, when adopting the appropriate measures to comply with their obligations under 
this Directive, should provide a reference to this Directive or accompanied by such a 
reference on the occasion of the official publication of implementing measures. 

(25) 

In  accordance  with  the  Joint  Political  Declaration  of  Member  States  and  the 
Commission  on  explanatory  documents  of  28  September  2011,  Member  States  have 
undertaken  to  accompany,  in  justified  cases,  the  notification  of  their  transposition 

33 

OJ L 158, 30.4.2004 

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measures  with  one  or  more  documents  explaining  the  relationship  between  the 
components  of  a  directive  and  the  corresponding  parts  of  national  transposition 
instruments. With regard to this Directive, the legislator considers the transmission of 
such documents to be justified. 

(26)  After  a  sufficient  time  of  implementation  of  the  Directive  has  elapsed,  the 
Commission should prepare a report on its implementation, evaluating in particular the 
opportunity  to  present  any  necessary  proposal  aiming  to  guarantee  a  better 
enforcement of the Union law on free movement.  

(27)  This Directive respects the fundamental rights and observes the principles recognised 
in the Charter of Fundamental Rights of the European Union, notably the freedom to 
choose  an  occupation  and  the  right  to  engage in  work  (Article  15),  the  right  to  non-
discrimination (Article 21 and in particular Paragraph 2 concerning non-discrimination 
on  the  grounds  of  nationality),  the  right  to  collective  bargaining  and  action  (Article 
28), fair and just working conditions (Article 31), the right to freedom of movement 
and residence (Article 45) and the right to an effective remedy and a fair trial (Article 
47). It has to be implemented in accordance with those rights and principles. 

(28)  Since  the  objective  of  this  Directive,  namely  to  establish  a  general  common 
framework  of  appropriate  provisions,  measures  and  mechanisms  necessary  for  the 
better and more uniform application and enforcement in practice of rights conferred by 
the Treaty and Regulation (EU) No 492/2011, cannot be sufficiently achieved by the 
Member States, and can therefore, by reason of the scale and effect of the action, be 
better achieved at Union level, the Union may adopt measures in accordance with the 
principle of subsidiarity as set out in Article 5 of the Treaty of the European Union. In 
accordance  with  the  principle  of  proportionality,  as  set  out  in  that  Article,  this 
Directive does not go beyond what is necessary in order to achieve that objective. 

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HAVE ADOPTED THIS DIRECTIVE: 

CHAPTER I 
GENERAL PROVISIONS 

Article 1 
Subject matter 

This  Directive  lays  down  provisions  facilitating  uniform  application  and  enforcement  in 
practice  of  rights  conferred  by  Article  45  of  the  Treaty  on  the  Functioning  of  the  European 
Union (TFEU) and by provisions of Articles 1 to 10 of Regulation (EU) No 492/2011 of the 
European Parliament and of the Council of 5 April 2011 on freedom of movement for workers 
within the Union.  

Article 2 
Scope 

This  Directive  applies  to  the  following  matters  in  the  area  of  freedom  of  movement  for 
workers: 

(a) 

access to employment; 

conditions  of  employment  and  work,  in  particular  as  regards  remuneration  and 

(b) 
dismissal; 

(c) 

access to social and tax advantages; 

(d) 

membership of trade unions; 

(e) 

access to training; 

(f) 

access to housing; 

(g) 

access to education for workers' children. 

CHAPTER II 
ENFORCEMENT 

Article 3 
Defence of rights - Means of redress - Time limits 

1. Member States shall ensure that judicial and/or administrative procedures, including where 
they deem it appropriate, conciliation procedures, for the enforcement of the obligations under 
Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011, are available to 
all  workers  and  members  of  their  families  who  consider  they  have  suffered  or  are  suffering 
from unjustified restrictions to their right to free movement or consider themselves wronged 
by  failure  to  apply  the  principle  of  equal  treatment  to  them,  even  after  the  relationship  in 
which the discrimination is alleged to have occurred has ended. 

EN 

20 

   EN 

2. Paragraph 1 shall apply without prejudice to national rules on time limits for enforcement 
of  those  rights.  These  time  limits  shall  be  such  that  they  cannot  be  regarded  as  capable  of 
rendering  virtually  impossible  or  excessively  difficult  the  exercise  of  rights  conferred  by 
Union law.  

Article 4 
Action of associations, organisations or other legal entities 

1.  Member  States  shall  ensure  that  associations,  organisations  or  other  legal  entities,  which 
have, in accordance with the criteria laid down by their national law, a legitimate interest in 
ensuring that the provisions of this Directive are complied with, may engage, either on behalf 
of or in support of the worker and members of his/her family, with his/her approval, in any 
judicial and/or administrative procedure provided for the enforcement of rights under Article 
45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011. 

2. Paragraph 1 shall apply without prejudice to national rules on time limits for enforcement 
of  those  rights. These  time  limits  shall  be  such  that  they  cannot  be  regarded  as  capable  of 
rendering  virtually  impossible  or  excessively  difficult  the  exercise  of  rights  conferred  by 
Union law.  

PROMOTION OF EQUAL TREATMENT-STRUCTURES, BODIES-DIALOGUE 

CHAPTER III 

Article 5 
Structures - bodies  

1.  Member  States  shall  designate  a  structure,  a  body  or  bodies  for  the  promotion,  analysis, 
monitoring and support of equal treatment of all workers or members of their families without 
discrimination on grounds of nationality and make the necessary arrangements for functioning 
of  such  bodies.  These  bodies  may  form  part  of  agencies  at  a  national  level  with  similar 
objectives  but  covering  a  wider  range  of  discrimination  grounds.  In  that  case,  the  Member 
State shall ensure allocation of sufficient resources to the existing body for the performance of 
additional  tasks  in  order  to  ensure  that  the  performance  of  already  existing  tasks  of  these 
bodies will not suffer. 

2. Member States shall ensure that the competences of these bodies include: 

(a) 

(b) 

(c) 

without  prejudice  to  the  right  of  workers  or  the  members  of  their  family  and 
associations  and  organisations  or  other  legal  entities  referred  to  in  Article  4,  the 
provision of independent legal and/or other assistance to workers or the members of 
their family in pursuing their complaints; 

conducting 
nationality; 

independent  surveys  concerning  discrimination  on 

the  basis  of 

publishing independent reports and making recommendations on any issue relating to 
such discrimination; 

EN 

21 

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(d) 

publishing information on any issue relating to the application at national level of EU 
rules on free movement of workers. 

3. Member States shall ensure that existing or newly created bodies are aware, make use of 
and co-operate with the existing information and assistance services at Union level, such as 
Your  Europe,  SOLVIT,  EURES,  Enterprise  Europe  Network  and  the  Points  of  Single 
Contact. 

Article 6 
Dialogue  

Member  States  shall  encourage  dialogue  with  appropriate  non-governmental  organisations 
and  the  social  partners  which  have,  in  accordance  with  their  national  law  and  practice,  a 
legitimate interest in contributing to the fight against discrimination on grounds of nationality 
with a view to promoting the principle of equal treatment.  

CHAPTER IV 
ACCESS TO INFORMATION 

Article 7 
Dissemination of information 

1. Member States shall ensure that the provisions adopted pursuant to this Directive together 
with  the  relevant  provisions  already  in  force  in  Articles  1  to  10  of  Regulation  (EU) 
No 492/2011, are brought to the attention of the persons concerned by all appropriate means 
throughout their territory. 

2.  Member  States  shall  provide  clear,  easily  accessible,  comprehensive  and  up-to-date 
information  on  the  rights  conferred  by  the  Union  law  on  free  movement  of  workers.  .  This 
information should also be easily accessible through Your Europe and EURES. 

CHAPTER V 
FINAL PROVISIONS 

Article 8 
Minimum requirements 

1.  Member  States  may  introduce  or  maintain  provisions  which  are  more  favourable  to  the 
protection of the principle of equal treatment than those laid down in this Directive. 

2. Member States may provide that the competencies of the structures and bodies referred to 
in  Article  5  for  the  promotion,  analysis,  monitoring  and  support  of  equal  treatment  of  all 
workers or members of their families without discrimination on grounds of nationality, also 
cover the right to equal treatment without discrimination on grounds of nationality of all EU 
citizens  and  their  family  members  exercising  their  right  to  free  movement,  as  enshrined  in 
Article 21 TFEU and Directive 2004/38/EC of the European Parliament and of the Council of 
29  April  2004  on  the  right  of  citizens  of  the  Union  and  their  family  members  to  move  and 
reside freely within the territory of the Member States. 

EN 

22 

   EN 

3. Implementation of this Directive shall under no circumstances be sufficient grounds for a 
reduction  in  the  level  of  protection  of  workers  in  the  areas  to  which  it  applies,  without 
prejudice  to  the  Member  States'  right  to  respond  to  changes  in  the  situation  by  introducing 
laws,  regulations  and  administrative  provisions  which  differ  from  those  in  force  on  the 
notification of this Directive, provided that the provisions of this Directive are complied with. 

Article 9 
Transposition 

1.  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions 
necessary to comply with this Directive by [2 years after its entry into force-specific date to 
be  inserted  by  the  OPOCE]  at  the  latest.  They  shall  forthwith  communicate  to  the 
Commission the text of those provisions.  

2. When Member States adopt those provisions they shall contain a reference to this Directive 
or be accompanied by such a reference on the occasion of their official publication. Member 
States shall determine how such reference is to be made. 

3.  Member  States  shall  communicate  to  the  Commission  the  text  of  the  main  provisions  of 
national law which they adopt in the field covered by this Directive.  

Article 10 
Report 

No  later  than  two  years  after  the  expiry  of  the  deadline  for  transposition,  the  Commission 
shall report to the European Parliament, the Council and the European Economic and Social 
Committee  on  the  implementation  of  this  Directive,  with  a  view  to  proposing  where 
appropriate, the necessary amendments.  

Article 11 
Entry into force 

This Directive shall enter into force on the day following that of its publication in the Official 
Journal of the European Union. 

Article 12 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

23 

   EN 

LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative  

1.2. 

Policy area(s) concerned in the ABM/ABB structure 

1.3.  Nature of the proposal/initiative  

1.4.  Objective(s)  

1.5.  Grounds for the proposal/initiative  

1.6.  Duration and financial impact  

1.7.  Management method(s) envisaged  

2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

2.2.  Management and control systems  

2.3.  Measures to prevent fraud and irregularities  

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1.  Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 

line(s) affected  

3.2. 

Estimated impact on expenditure  

3.2.1.  Summary of estimated impact on expenditure  

3.2.2.  Estimated impact on operational appropriations  

3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.4.  Compatibility with the current multiannual financial framework 

3.2.5.  Third-party participation in financing  

3.3. 

Estimated impact on revenue 

EN 

24 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative  

1.2. 

Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  measures 
facilitating  the  exercise  of  rights  conferred  on  workers  in  the  context  of  freedom  of 
movement for workers 
Policy area(s) concerned in the ABM/ABB structure34  

Employment, Social Dialogue 

1.3. 

Nature of the proposal/initiative  

(cid:133) The proposal/initiative relates to a new action  

(cid:133) The proposal/initiative relates to a new action following a pilot project/preparatory action35  

⌧ The proposal/initiative relates to the extension of an existing action  

(cid:133) The proposal/initiative relates to an action redirected towards a new action  

1.4. 

Objectives 

1.4.1.  The Commission's multiannual strategic objective(s) targeted by the proposal/initiative  

Contributing to the European 2020 targets: 
- Promote increased participation in the labour market 
- Develop a safe, flexible and mobile European labour market 
- Promote social and economic cohesion 

1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned  

Specific objective No.2 (EMPL): 

Promote geographic and professional mobility of workers in Europe in order to overcome the obstacles 
of free movement and to contribute to the establishment of a real labour market at European level. 

1.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

34 
35 

ABM: Activity-Based Management – ABB: Activity-Based Budgeting. 
As referred to in Article 49(6)(a) or (b) of the Financial Regulation. 

EN 

25 

   EN 

 
                                                 
The  proposal  aims  at  a  better  application  and  enforcement  in  practice  of  free  movement  rights, 
combating discrimination on  the  basis of nationality and reducing the obstacles migrant workers still 
face. 

1.4.4. 

Indicators of results and impact  

Specify the indicators for monitoring implementation of the proposal/initiative. 

Several indicators, both quantitative (e.g.; the number of complaints or the degree of raise awareness) 
and qualitative (the reports on the application of the Directive and of free movement legislation) will be 
used for monitoring purposes. The supporting bodies set up according to this proposal for a Directive 
will also have a monitoring role and will be able to provide more qualitative data on discrimination on 
the grounds of nationality. 

Moreover the Commission intends to evaluate the impact of this Directive with: 

-a systematic evaluation by the Commission services with the involvement of the Advisory Committee 
on free movement of workers; 
-the presentation of a report 2 years after the deadline of transposition; 
-assess the activities developed by the supporting bodies and associations; 
-assess whether the Directive has led to positive changes 
-identify the difficulties faced by equality supporting bodies, associations and organisations. 

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term  

The proposal will aim at improving and reinforcing the, application and enforcement in practice of the 
EU rules on free movement of workers (Article 45TFEU and Regulation (EU) No 492/2011 Articles 1 
to  10  relating  to  access  to  employment  and  employment  and  working  conditions).  By  providing 
specific tools and mechanisms of information and advice, it ensures at the same time guarantees for a 
more effective exercise in practice of these rights in order to reduce discriminations on the grounds of 
nationality  and  to  contribute  to  the  removal  of  unjustified  obstacles  to  the  freedom  of  movement  of 
workers which is one of the principal components for the realisation of the Internal Market. 

1.5.2.  Added value of EU involvement 

The problems identified are linked to the objectives set out by Article 3(3) TEU and Articles 45 TFEU. 
The existing legal framework, application and enforcement in practice as well as previous attempts to 
address  existing  problems  by  the  way  of  non-binding  measures  have  not  been  sufficient  to  solve  the 
identified problems. Therefore, it is necessary to address the existing problems at EU level in order to 
better achieve the objectives of the Treaty. 

1.5.3.  Lessons learned from similar experiences in the past 

Previous attempts to solve problems of implementation and enforcement in practice of the EU law on 
free movement of workers and in particular of Regulation (EU) No 492/2011 by non-legislative means 
have  not  reached  their  objectives.  The  issues  have  been  addressed  by  interpretative  Legal 
Commission’s Communications in 2002 and in 2010. The respective Communications provided, in the 
light  of  the  case  law  of  the  CJ  further  clarifications  for  Member  States.  However,  the  monitoring 

EN 

26 

   EN 

exercise  of  application  of  EU  law  on  free  movement  showed  that  there  were  always  a  number  of 
deficiencies; Since October 2010, the Commission launched several ex-post evaluation studies of the 
problems faced by EU workers when exercising their right to free movement: (two independent reports 
of the Network of experts on free movement of workers discussed within the Advisory committee on 
free  movement  of  workers  which  concluded  that  the  right  for  an  equal  treatment  on  the  basis  of 
nationality is rarely offered the same level of protection and guarantees as the right on equal treatment 
on other grounds (race, sex…) in the Member States. EU workers are still considered in most Member 
states as holding a status closer to that of third country national and not to that of a national. Moreover, 
if  sometimes  they  benefit,  in  cases  of  nationality  based  discrimination,  from  these  guarantees  and 
protection  is  due  to  a  broader  interpretation  of  national  law  which  assimilates  nationality  to  ethnic 
origin. Therefore there is a need for a stronger protection of nationality based discrimination. 

In  order  to  prepare  the  Impact  Assessment  an  ex-ante  evaluation  study  has  been  carried  out  by  an 
external consultant in 2012. 

1.5.4.  Coherence and possible synergy with other relevant instruments 

Fundamental rights: The proposal is consistent with the EU's fundamental rights strategy, COM(2010) 
573 final. 

Europe 2020 strategy: The initiative will contribute to the creation of employment within the strategy 
for smart, sustainable and socially inclusive growth (Europe 2020). 

Single Market Act: The proposal will in particular facilitate the free movement of work force and will 
contribute to a better functioning of the Internal market. It will contribute to better match workers with 
jobs, allowing more persons to find jobs corresponding to their skills and overcoming bottlenecks in the 
European labour market. 

1.6. 

Duration and financial impact  

⌧ Proposal/initiative of limited duration  

(cid:133) 

Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY  

⌧ 

Financial impact from 2013 to 2020 

The implementation of the directive is of unlimited duration but will be reassessed after two years after 
the deadline for transposition has expired. 

(cid:133) Proposal/initiative of unlimited duration 

– 

– 

Implementation with a start-up period from 2013 to 2014, 

followed by full-scale operation 

EN 

27 

   EN 

1.7.  Management mode(s) envisaged36  

⌧ Centralised direct management by the Commission  

(cid:133) Centralised indirect management with the delegation of implementation tasks to: 

(cid:133) 

(cid:133) 

(cid:133) 

executive agencies  

bodies set up by the Communities37  

national public-sector bodies/bodies with public-service mission  

(cid:133) 
persons entrusted with the implementation of specific actions pursuant to Title V of the 
Treaty  on  European  Union  and  identified  in  the  relevant  basic  act  within  the  meaning  of 
Article 49 of the Financial Regulation  

(cid:133) Shared management with the Member States  

(cid:133) Decentralised management with third countries  

(cid:133) Joint management with international organisations (to be specified) 

If more than one management mode is indicated, please provide details in the "Comments" section. 

Comments  

2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

Two years after the deadline for transposition there will be an on-going evaluation. The main focus of 
this evaluation will be to assess the initial effectiveness of the Directive. Emphasis will be placed on 
the improvement of enforcement and effectiveness of EU rules on free movement of workers after the 
adoption  of  implementing  measures  on  information  and  advice  provided  by  this  Directive,  This 
evaluation  will  be  carried  out  by  the  Commission  with  the  assistance  of  external  experts.  Terms  of 
reference  will  be  developed  by  Commission  services.  Stakeholders  will  be  informed  of  and  asked  to 
comment on the draft evaluation through the Advisory Committee on free movement of workers and 
they will also be regularly informed of the progress of the evaluation and its findings. The findings will 
be made public. 

36 

37 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the  BudgWeb  site: 
http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html 
As referred to in Article 185 of the Financial Regulation. 

EN 

28 

   EN 

                                                 
2.2.  Management and control system  

2.2.1.  Risk(s) identified  

Limited risks due to low financial impact. 

2.2.2.  Control method(s) envisaged  

Standard risk-mitigating measures will be applied. 

2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures. 

Standard risk-mitigating measures will be applied. 

EN 

29 

   EN 

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1. 

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected  

Existing expenditure budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of  
expenditur
e 

Contribution  

Heading of 
multiannua
l financial 
framework  Number  

[Description………………………...……….] 

Diff./non-
diff. 
(38) 

from 
39

EFTA
countries 

from 
candidate 
40

countries

from 
third 
countries 

within the meaning 
of Article 18(1)(aa) 
of the Financial 
Regulation  

1 

– Free Movement of Workers, 
coordination of social security schemes 

Diff 

YES 

No 

No 

NO 

New budget lines requested  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of 
expenditur
e 

Contribution  

Heading of 
multiannua
l financial 
framework  Number  

[Heading……………………………………..] 

[XX.YY.YY.YY] 

Diff./non-
diff. 

from 
EFTA 
countries 

from 
candidate 
countries 

from 
third 
countries 

within the meaning 
of Article 18(1)(aa) 
of the Financial 
Regulation  

YES/NO 

YES/NO 

YES/NO 

YES/NO 

38 
39 
40 

Diff. = Differentiated appropriations / Non-diff. = Non-Differentiated Appropriations 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

EN 

30 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2. 

Estimated impact on expenditure  

3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial framework:  

1 

Sustainable growth (from 2014 onwards: Smart and Inclusive Growth) 

EUR million (to 3 decimal places) 

DG: EMPL41 

(cid:121) Operational appropriations  

04.030500 

Commitments 

Payments 

(1) 

(2) 

Appropriations 
administrative 
 from the envelope for specific programmes43  

an 

of 

nature 

financed 

TOTAL appropriations 
for DG EMPL 

Commitments 

Payments 

=1+1a 
+3 

=2+2a+
3 

Year 
42

2013

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

0 

0 

0 

0 

0 

0 

0,300 

0 

0,150 

0,150 

0 

0 

0,300 

0 

0,150 

0,150 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0,300 

0,300 

0 

0 

0,300 

0,300 

41 
42 
43 

For details on the general IMI funding see COM(2011) 522 final (proposal on the IMI Regulation). 
Year N is the year in which implementation of the proposal/initiative starts. 
Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former "BA" lines), indirect 
research, direct research. 

EN 

31 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(cid:121) TOTAL operational appropriations  

Commitments 

Payments 

(cid:121) TOTAL appropriations of an administrative nature financed 
from the envelope for specific programmes  

(4) 

(5) 

(6) 

TOTAL appropriations  
under HEADING 1 
of the multiannual financial framework 

Commitments 

=4+ 6 

Payments 

=5+ 6 

0 

0 

0 

0 

0 

0 

0 

0 

0,300 

0 

0,150 

0,150 

0,300 

0 

0,150 

0,150 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0,300 

0,300 

0,300 

0,300 

EN 

32 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
Heading of multiannual financial framework:  

5 

" Administrative expenditure " 

DG: EMPL 

(cid:121) Human resources  

(cid:121) Other administrative expenditure  

Year 
2013 

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

EUR million (to 3 decimal places) 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

1,048 

TOTAL DG EMPL 

Appropriations  

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

1,048 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework  

(Total 
= Total payments) 

commitments 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

1,048 

Year 
2013 

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

EUR million (to 3 decimal places) 

TOTAL 

TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial framework  

Commitments 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

1,048 

Payments 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

1,048 

EN 

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E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.2.  Estimated impact on operational appropriations  

(cid:133) 

⌧ 

The proposal/initiative does not require the use of operational appropriations  

The proposal/initiative requires the use of operational appropriations, as explained below: 

Commitment appropriations in EUR million (to 3 decimal places) 

Year 
2013 

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

OUTPUTS 

r
e
b
m
u
N

s
t
u
p
t
u
o
f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o
f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o
f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o
f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o
f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o
f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o
f
o

Cost 

Nu
mb
er 

Cost 

Nu
mb
er 

Cost 

1 

0,300 

Indicate 
objectives 
and 
outputs  

Type of 
44

output

(cid:216) 

Avera
ge 
cost  
of the 
outpu
t 

SPECIFIC OBJECTIVE No 2

45

: 

promote geographic and 
professional mobility 

0, 300 

Assessment 
of positive 
impact and 
identified 
challenges 

Evaluation 
by the 
Commissio
n with 
support 
from 
experts 

44 
45 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. "Specific objective(s)…" 

EN 

34 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Sub-total for specific objective N°1 

TOTAL COST 

1 

1 

0,300 

0,300 

EN 

35 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary  

The  proposal/initiative  does  not 

(cid:133) 
appropriations  

require 

the  use  of  administrative 

⌧  The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as 
explained below: 

EUR million (to 3 decimal places) 

Year 
46

2013 

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

HEADING 5 
of the multiannual 
financial framework 

Human resources  

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

1,048 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

1,048 

Other administrative 
expenditure  

Subtotal HEADING 5 
of the multiannual 
financial framework  

47

Outside HEADING 5
of the multiannual 
financial framework  

Human resources  

Other expenditure  
of an administrative 
nature 

Subtotal  
outside HEADING 5 
of the multiannual 
financial framework  

TOTAL 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

0,131 

1,048

46 
47 

Year N is the year in which implementation of the proposal/initiative starts. 
Technical  and/or  administrative  assistance  and  expenditure  in  support  of  the  implementation  of  EU 
programmes and/or actions (former "BA" lines), indirect research, direct research. 

EN 

36 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.2.   Estimated requirements of human resources  

(cid:133) 

The proposal/initiative does not require the use of human resources  

⌧  The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 
below: 

Estimate to be expressed in full amounts (or at most to one decimal place) 

Year 
2013 

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

(cid:121) Establishment plan posts (officials and temporary agents) 

131000  131000  131000  131000  131000  131000  131000  131000 

XX 01 01 01 (Headquarters and 
Commission’s Representation 
Offices) (1 AD) 

XX 01 01 02 (Delegations) 

XX 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

(cid:121) External personnel (in Full Time Equivalent unit: FTE)48 

XX 01 02 01 (CA, INT, SNE 
from the "global envelope") (1 
SNE) 

XX 01 02 01 (CA, INT, SNE 
from the "global envelope") (0,5 
CA) 

XX 01 02 02 (CA, INT, JED, LA 
and SNE in the delegations) 

XX 
01 
04 
yy 
49 

- at 
Headquarters
50 

- in 
delegations  

XX 01 05 02 (CA, INT, SNE - 
Indirect research) 

10 01 05 02 (CA, INT, SNE - 
Direct research) 

Other budget lines (specify) 

TOTAL 

131000  131000  131000  131000  131000  131000  131000  131000 

XX is the policy area or budget title concerned. 

48 

49 
50 

CA= Contract Agent; INT= agency staff ("Intérimaire"); JED= "Jeune Expert en Délégation" (Young 
Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert;  
Under the ceiling for external personnel from operational appropriations (former "BA" lines). 
Essentially  for  Structural  Funds,  European  Agricultural  Fund  for  Rural  Development  (EAFRD)  and 
European Fisheries Fund (EFF). 

EN 

37 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
The  human  resources  required  will  be  met  by  staff  from  the  DG  who  are  already  assigned  to 
management of the action and/or have been redeployed within the DG, together if necessary with any 
additional allocation which may be granted to the managing DG under the annual allocation procedure 
and in the light of budgetary constraints. 

Description of tasks to be carried out: 

Officials  and  temporary  agents  (1 
AD) 

monitoring 
proposals/tenders, coordination administrative cooperation 

infringement  procedures, 

transposition, 

coordination 

call 

for 

3.2.4.  Compatibility with the current multiannual financial framework  

⌧ 

Proposal/initiative is compatible with both MFF 2007-2013 and 2014-2020. 

Proposal/initiative  will  entail  reprogramming  of  the  relevant  heading  in  the 

(cid:133) 
multiannual financial framework. 

Explain what reprogramming is required, specifying the budget lines concerned and the corresponding amounts. 

Proposal/initiative requires application of the flexibility instrument or revision 

(cid:133) 
of the multiannual financial framework51. 

Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts. 

3.2.5.  Third-party contributions  

⌧ The proposal/initiative does not provide for co-financing by third parties  

(cid:133) The proposal/initiative provides for the co-financing estimated below: 

Appropriations in EUR million (to 3 decimal places) 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

Total 

Specify  the  co-financing 
body  

TOTAL appropriations 
cofinanced  

51 

See points 19 and 24 of the Inter-institutional Agreement. 

EN 

38 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.3. 

Estimated impact on revenue  

⌧ Proposal/initiative has no financial impact on revenue. 

(cid:133) Proposal/initiative has the following financial impact: 

(cid:133) 

(cid:133) 

on own resources  

on miscellaneous revenue  

Appropriations 
available for 
the on-going 
budget year 

Budget revenue line: 

Article …………. 

EUR million (to 3 decimal places) 

Impact of the proposal/initiative

52

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… insert as many columns as necessary in 
order to reflect the duration of the 
impact (see point 1.6) 

For miscellaneous assigned revenue, specify the budget expenditure line(s) affected. 

Specify the method for calculating the impact on revenue. 

52 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 25% for collection costs. 

EN 

39 

   EN