CELEX: 51991PC0316
Language: en
Date: 1991-09-05
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) CHANGING PART II OF REGULATION ( EEC ) NO 1612/68 ON FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY

COMVIISSION OF THE EUROPEAN COMVTUNITIES
                                                                         C0M(91) 316 final - SYN 359
                                                                         Brussels, 5 September 1991
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                                                      Proposal       for a
                                                 COUNCIL REGULATION (EEC)
                         Changing P a r t I I o f R e g u l a t i o n (EEC) NO 1 6 1 2 / 6 8 on freedom o f
                                   movement f o r workers w i t h i n t h e Community
                                              (presented by the Commission)
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 ---pagebreak---                       EXPLANATORY MJMQRAypuy
1. GENERAL CONSIDERATIONS
1.1. Existing system
Part II of Regulation 1612/68 on the free movement of workers in
the Community concerns the workings of an exchange system of job
vacancies, applications for employment and cooperation between the
employment services of the Member states and the Commission, in an
effort to facilitate the mobility of workers within the Community.
 ---pagebreak---                                  2
The mechanism, known as SEDOC (Système Européen de Diffusion des
Offres et demandes d'emploi en Compensation), brings together for
the purpose two elements : a codified and rigid procedure (for the
exchange of information relating to job vacancies, requests for
employment, living and working conditions) between employment
services, and a network of human correspondents in the public
employment services of each country feeding into and utilising the
system. At least once a month, lists of unfilled job vacancies and
applications are exchanged by telex between these services which
then try to ensure that as many matchings as possible are made
between the two lists.
1.2. Reasons for the proposed revision
The way this system works in practice has never given real cause
for satisfaction for a variety of reasons linked to the changing
situation of national labour markets, insufficient promotion of its
use, the rapid obsolescence of the tool in relation to modern
technologies for the handling and distribution of information, and
also to the self limiting constraints imposed by the Regulation.
 ---pagebreak--- These are notably :
     Only information on vacancies "unfilled... by manpower from
     the  national  labour   market"  should  be  exchanged.   This
     situation  condemns   the  exchange  to  be  centered   almost
     exclusively on vacancies which tend to be less attractive at
     national level. These vacancies very often couldn't be filled
     either at Community level. This situation does not tally with
     the principle of non discrimination between nationals of the
     Community within a single European labour market.
     Regarding applications for employment, the search for jobs is
     normally limited to the pool of those unfilled vacancies.
     These have mostly completely different characteristics in
     comparison with the applications. Clearance is therefore
     normally difficult and not successful.
     On the other hand there are no measures to ensure that appli-
     cants will receive a response to their request for information
     on job opportunities.
     The Regulation imposes on labour administrations and the
     Commission cumbersome bureaucratic constraints which are not
     felt to be justified in this day and age.
 ---pagebreak---                                  4
     The Commission's work programme implementing the Community
     Charter of the Fundamental Social Rights of Workers, and th
     Resolution of the    European Parliament on this programme
     envisage the renovation   of the SEDOC system and consequently
     the updating of Part II   of Regulation 1612/68.
1.3. The legal basis for the proposed revision
Article 49 of the Treaty as amended by the Single Act constitutes
the legal basis for regulations and directives on freedom of
movement; it states that the Council shall act Hby a qualified
majority on a proposal from the Commission, in cooperation with the
European Parliament and after consulting the Economic and Social
Committee".
1.4. Objectives of the proposed revision
It is proposed to revise Part II of the Regulation along three main
guidelines :
     encourage Member States to distribute vacancies and requests
      likely to be filled at Community level in the framework of
     worker mobility;
 ---pagebreak---                                     5
           guarantee to those     job seekers who wish to work in
           another Member    state that they     can obtain  from the
           employment service of their country of residence the
           quality and rapidity of service at least equal to that
           they would obtain if they moved to the Member state where
           they wish to work.
      -     simplify procedures for users and administrations.
2. EXAMINATION IN DETAIL OF THE PROPOSED CHANGES TO REGUIATION
    1612/68
The proposal concerns Articles 14, 15, 16, 17, 18, 19 and 20 of the
Regulation which should be changed. These changes put forward based
on the following reasons :
2.1   Article 14 , paragraph 1 and paragraph 2;
The first sentence should adapted to the rules concerning the
procedure    for   committees.   Within   the  overall   objective of
simplifying both the Regulation and the tasks of the Member States,
it is appropriate to alleviate those obligations on Member States
concerning technical details and other information which the Member
States provide as part of their cooperation with the Commission.
The   technical   details  of   the   delivery  and  the  exchange of
information which may be useful in a future SEDOC system should be
determined by the Commission in co-operation with the Technical
Committee. This simplification of the Regulation could enable the
partners to react more flexibly to the requirements of the system
and avoid overdetailed obligations of the Member States which
cannot be met or aren't useful in the context of a renovated
exchange system.
 ---pagebreak---                                  6
2.2. Article 14 paragraph 3
The first sentence should be adapted to the rules concerning the
procedure for committees.
2.3. Article 15 and Article 16
These are the central part of the Regulation concerning the SEDOC
system and contain in their revised text the most important changes
and adaptations.
Using new data communication techniques, new possibilities are
opened up for rapid exchange of information, and in particular
regarding vacancies and applications for employment. Therefore,
"returns" according to Article 15 paragraph lf first sentence will
not be necessary if a new SEDOC system is capable of exchanging
information and messages rapidly.
2.3.1. Article 15. parag. 1(a)  and (h)
The objective of the changes in Article 15 paragraph 1(a) is to
delete the restrictions on the selection of vacancies distributed
in the past by the clearance mechanism, and to encourage the
employment services to distribute all vacancies which could appeal
to Communitiy workers. It would be desirable as an ideal system of
a single labour market to implement a full sharing out of all
registered job vacancies but this is at the moment basically not
practical. Nevertheless, vacan-cies which may be interesting on a
Community labour market basis should be selected as sub-sets of a
Community nature from within the national data bases.
 ---pagebreak---                                  7
Thus the Community dimension of the labour market may be added to
the national procedures of clearance for vacancies and applications
for employment.
The context also implies the insertion of a new alinéa (b), that
ensures a better transparency of the Community labour market.
2.3.2   Article 15 paragraph 1(c) and fd) :
It   distinguishes  in  the  revised   text  between   two  types of
applicants for employment, on the one hand those applicants who
wish to work in another Member State and who express this wish
"formally"   (Article  15  para  1  (c)). This   first   category of
applicants isn't provided for in the existing texts, but experience
shows that    it is the group   of   applicants  which   is the most
interested in the   Community labour market. On the other hand the
revised text refers in Article 15 para 1 (d) to those applicants
who are ready and able to accept employment in another Member
State. In both cases the aim of Article 15 para 1 (c) and (d) is to
allow for any positive measures on the part of the employment
services to help all job seekers who have decided on mobility. It
 should guarantee that these job seekers obtain from the employment
services of their country of residence the quality and rapidity of
 service at least equal to that they would obtain if they moved to
the Member State where they wish to work.
 2.3.3  Article 15. parag. 2
 The last part of Article 15 paragraph 2 should be deleted because
 the time delay of eighteen months related only to 1968 and up to
 and including the Decisions concerning SEDOC in 1972.
 ---pagebreak---                                  8
2.3.4. Article 16 :
It contains the details of the procedure for clearance of vacancies
and applications for employment.
The changes in Article 16 paragraph 1 have to follow the changes in
Article 15 paragraph 1 and regulate therefore a different kind of
clearance.   Furthermore   the   revised   text  lifts   cumbersome
obligations under the current procedures. The second sentence in
Article 16 paragraph 1 (revised text) is transferred from paragraph
2 in the current version and concerns the possible responses
regarding vacancies.
2.3.5. Article 16 paragraph 2 :
This paragraph establishes a new procedure for applications for
employment in Article 15 paragr. 1 (c), which are introduced with
a degree of emphasis and which should get a response in a
reasonable delay whether there is a suitable vacancy or not. The
delay has to be flexible enough for the employment services to be
able to react as a consequence.
2.3.6. Article 16 parag. 3 :
The principle of equality of treatment between nationals and the
subjects of other Member States in the Community specificially
enunciated by Article 16 paragraph 2 (existing text) is reiterated
in paragraph 3 of Article 16 (revised).
The overdetailed and cumbersomme procedures in Article 16 paragraph
 3 of the existing text were not of any practical use in the past
and should be deleted.
 ---pagebreak--- 9
      2.4. Article 17
      The change concerning the "returns" in Article 17 paragraph 1
      subparagraph (ai fiY follows the changes in Article 15.The word
      "outstanding" in Article 17 paragraph 1 subparagraph (b) is unclear
      (because it can be understood as "unfilled"in Article 15 existing
      text) and defunct as well. Article 17 should incite the Member
      States to organize as far as possible the exchange of all vacancies
      and applications for employment in the cross border regions.
I     2.5   Article 19
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  i   The first paragraph represents the legal basis for the monitoring
    j of the clearance system and as such should remain. Nevertheless the
    |  obligations should be simplified. The periodicity in Article 19
    ?  paragraph 1 first sentence f"Twice a year") should be handled more
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      flexibly. Regarding Article .19 paragraph 1 second and third indents
       the text is simplified taking into account that the reports
                                                  . .   .
    I  referred to could already be provided for in Article 14.
 ---pagebreak---                                  JO
2.6  Article 20
It contains very cumbersome and hardly useful detailed obligations
                    f                    -    -.             ^
for the Member States. A new clearance system makes such provisions
unnecessary. In facft, the new system allows to react immediately
and without any special administrative measures in front of any
major  changes andf disturbances on tfce regional      or national
industrial labour markets.
2.7 The ANNEX   (to rArtiele 16)
It is no longer applicable because Article 16 paragraph 3 is
deleted.           2
 ---pagebreak---                               M
                          Proposal for a
                     COUNCIL REGULATION (EBC)
Changing Part II of Regulation (EEC) NO 1612/68 on freedom of
           movement for workers within the Community
 The Council of the European Community,
 Having regard to the Treaty establishing the European Economic
 Community and in particular Article 49 thereof,
                                   - Wr
 In cooperation with the European Parliament,
 Having regard to the Opinion of the Economic and Social
 Committee,
                                           t
 Whereas the free movement of workers within the Community
 constitutes a fundamental right established by the Treaty;
 ---pagebreak---                              M-
Whereas to give effect to the freedom of movement of workers
coming from the Member States in the Community it is necessary
to reinforce the mechanism for clearance of vacancies and
applications for employment;
Whereas the principle of non-discrimination between Community
workers implies the recognition, in fact and in law, for all
nationals of the Member States of the same priority in the
labour market as enjoyed by national workers of each Member
State; that this priority is established equally in the
framework of the mechanism for clearance of vacancies and
applications for employment;
Whereas it is advisable to ensure the greatest possible
transparency of the Community labour market, especially when
determining vacancies and applications for employment which
are the subject of Community clearance.
 ---pagebreak---                             JÏ
HAS ADOPTED THIS REGULATION:
                          ARTICLE 1
Regulation (EEC) N° 1612/68 is hereby changed as follows
1.   In Article 14 :
          are deleted in paragraph 1 the words "by region and
          by branch of activity"
          paragraph 2 is replaced by :
          "2. After having obtained the       opinion of the
          Technical Committee, the Commission shall determine
          the manner in which the information referred to in
          paragraph 1 shall be drawn up".
          in the first sentence of paragraph 3 the words "in
          agreement with" are replaced     by   "after having
          obtained the opinion of"
 ---pagebreak---                               M
2. Article 15 is replaced by :
                        Article 15
   1.   The specialist service of each Member State shall
        regularly send to the specialist services of the
        other   Member   States  and  to  the   European  Co-
        ordination Office
          (a) the vacancies likely to be filled by Community
              nationals from other Member States
          (b) they acancies addressed to non-Member States
          (c) the applications for employment of those who
              have formally expressed the wish to work in
              another Member State
          (d) information, by occupation and by region, on
              the applicants, who have declared themselves
              actually ready and able to accept employment
              in another country
        The specialist service of each Member State shall
         forward   such   information  to   the   appropriate
         employment services and agencies.
 ---pagebreak---                         JLS
2.   The vacancies and applications messages referred to
     in paragraph 1 shall be circulated according to a
     uniform system to be established by the European
     Co-ordination Office    in collaboration with the
     Technical Committee.
Article 16 is replaced by :
                     Article 16
1.   Any  vacancy within the meaning     of Article 15
     addressed   to the employment services of a Member
     State shall be communicated and dealt with by the
     competent employment services of the other Member
     States which are concerned. Such services shall
     forward to the services of that Member State the
     details of suitable applicants who are Community
     nationals.
2.   The applications referred to in subparagraph 1(b)
     of  Article   15  shall   be responded  to  by  the
     reveiving services of the Member States within a
     reasonable delay.
 ---pagebreak---    3.   The employment services grant the same priority to
        the workers of the Member States as is granted by
        the national measures pertinent to national workers
        with regard to workers from non-Member States.
4. In Article 17, first paragraph :
   -    the  word   "returns"   in  subparagraph  (a)(i) is
        replaced by "messages"
        the word   "outstanding"   in  subparagraph  (b) is
        deleted
5. In Article 19 the first paragraph is replaced by :
   1.   On the basis of a report from the Commission drawn
        up from information supplied by the Member States,
        the  latter   and the Commission    shall regularly
        together    analyse   the   results   of   Community
        arrangements regarding vacancies and applications
 ---pagebreak--- 6.   Article 20 is replaced by :
                          Article 20
                           (deleted)
7.   The Annex is deleted
                           ARTICLE 2
This Regulation shall enter into force on
This Regulation shall be binding in its ejitirety and directly
                                      fi in-
applicable in all Member States.     . y .£
Done at Brussels,                         For the Council
 ---pagebreak---                                   <A%
                             FINANCIAL SHEET
The proposal does not have any financial consequences for the Comitiunity
insofar as it does not modify basically the obligations already falling
on  the  Member  States  and   on  the Commission with  regard   to   the
implementation of the regulation 1612/68.
 ---pagebreak---                                         /3
                   IMPACT OF CERTAIN LEGISLATIVE MEASURES
           ON SMALL AND   MEDIUM-SI2ED ENTERPRISES AND EMPLOYMENT
1.    Administrative    obligations   arising  from  the   application of
legislation for enterprises:
    -    None
2. Advantages for enterprises:
         Yes
         Which?
         greater transparency and availability of manpower coming from
          Member States
3. Disadvantages for enterprises:
     (Additional costs)      -   none
 4. Effects on employment:
        More flexibility for enterprises and increased intra-Community
           mobility.
 1. Was nere preliminary consultation of the two sides of industry?
 ---pagebreak---                                     10
       Yes (in the Consultative Committee on free movement of workers)
       Opinion of  two aides of induatry : favourable
6. Is there a less constraining alternative approach?
       No
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
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