CELEX: 51992PC0115
Language: en
Date: 1992-03-27
Title: Amended proposal for a COUNCIL REGULATION (EEC) amending Part II of Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community

No C 107 / 10                            Official Journal of the European Communities                                      28 . 4 . 92
                                                                 II
                                                        (Preparatory Acts)
                                                   COMMISSION
               Amended proposal for a Council Regulation (EEC) amending Part II of Regulation (EEC) No
                             1612/68 on freedom of movement for workers within the Community
                                                          (92 / C 107 / 18)
                                                 COM(92) 115 final — SYN 359
               (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 27 March 1992)
                  INITIAL COMMISSION PROPOSAL                                                AMENDED PROPOSAL
                            Article 1                                                            Article 1
Regulation (EEC) No 1612 /68 is amended as follows :                  Regulation (EEC) No 1612 /68 is amended as follows :
                                                                      1 . (Amendments do not affect the English version).
1 . In Article 14 :                                                   2 . In Article 14 :
        in paragraph 1 , the words 'by region and by                          in paragraph 1 , the words 'by region and by
        branch of activity' are deleted,                                      branch of activity' are deleted ,
        paragraph 2 is replaced by the following text :                       paragraph 2 is replaced by the following text :
        '2.   After having obtained the opinion of the                        '2 .  After having obtained the opinion of the
        Technical     Committee,     the  Commission     shall                Technical     Committee ,   the   Commission      shall
        determine the manner in which the information                         determine the manner in which the information
        referred to in paragraph 1 shall be drawn up',                        referred to in paragraph 1 shall be drawn up',
        in the first sentence of paragraph 3 , the words 'in                  in the first sentence of paragraph 3 , the words 'in
        agreement with' are replaced by 'after having                         agreement with' are replaced by 'after having
        obtained the opinion of'.                                             obtained the opinion of .
                                                                          — (Amendments do not affect the English version).
2 . Article 15 is replaced by the following :                        3 . Article 15 is replaced by the following :
    Article 15                                                            Article 15
    1 . The specialist service of each Member State shall                 1 . The specialist service of each Member State shall
    send on a regular basis to the specialist services of the             send on a regular basis to the specialist services of the
    other Member States and to the European Coordi­                       other Member States and to the European Coordi­
    nation Office the following :                                         nation Office the following :
 ---pagebreak--- 28 . 4 . 92                               Official Journal of the European Communities                             No C 107/ 11
                    INITIAL COMMISSION PROPOSAL                                             AMENDED PROPOSAL
    (a) vacancies which could be filled by nationals of                  (a) vacancies which could be filled by nationals of
          other Member States ;                                              other Member States ;
     (b) vacancies addressed to non-Member States ;                      (b) vacancies addressed to non-Member States ;
    (c) applications for employment submitted by those                  (c) applications for employment submitted by those
          who have formally expressed a wish to work in                      who have formally expressed a wish to work in
          another Member State ;                                             another Member State ;
    (d) information, by region and by branch of activity,               (d) information, by region and by branch of activity,
          on those applicants who have declared their                        on those applicants who have declared their
          readiness to accept employment in another                          readiness to accept employment in another
          country .                                                          country.
    The specialist service of each Member State shall                   The specialist service of each Member State shall
    forward such information to the appropriate                         forward     such      information  to  the  appropriate
    employment services and agencies .                                  employment services and agencies as soon as possible.
    2 . The vacancies and applications for employment                   2 . The vacancies and applications for employment
    referred to in paragraph 1 shall be circulated                      referred to in paragraph 1 shall be circulated
    according to a uniform system to be established by                  according to a uniform system to be established by
    the European Coordination Office in collaboration                   the European Coordination Office in collaboration
    with the Technical Committee .'                                     with the Technical Committee. Where necessary, the
                                                                        European Coordination Office may adapt this system
                                                                        in collaboration with the Technical Committee .'
3 . Article 16- is replaced by the following :                      4 . Article 16 is replaced by the following :
    ' Article 16                                                        'Article 16
     1 . Any vacancy within the meaning of Article 15                   1 . Any vacancy within the meaning of Article 15
    communicated to the employment services of a                        communicated to the employment services of a
    Member State shall be notified to and dealt with by                 Member State shall be notified to and dealt with by
    the competent employment services of the other                      the competent employment services of the other
    Member States concerned . Such services shall forward               Member States concerned . Such services shall forward
    to the services of the first Member State the details of            to the services of the first Member State the details of
    suitable applicants .                                               suitable applicants .
    2 . The applications for employment referred to in                  2 . The applications for employment referred to in
    paragraph 1 (c) of Article 15 shall receive a reply                 paragraph 1 (c) of Article 15 shall receive a reply
    from the services of the Member States within a                     from the services of the Member States within a
    reasonable period of time .                                         reasonable period of time , which may under no
                                                                        circumstances exceed one month .
    3 . The employment services shall grant the same                    3 . The employment services shall grant the same
    priority to workers who are nationals of Member                     priority to workers who are nationals of Member
    States as is granted to national workers over nationals             States as is granted to national workers over nationals
    of non-Member States .'                                             of non-Member States .'
4 . In Article 17 , first paragraph :                               5 . In Article 17 , first paragraph :
                                                                        — (Amendments do not affect the English version),
 ---pagebreak--- No C 107 / 12                             Official Journal of the European Communities                                     28 . 4 . 92
                    INITIAL COMMISSION PROPOSAL                                              AMENDED PROPOSAL
          in subparagraph (a) (i), the word 'returns' is                      in subparagraph (a) (i), the word 'returns' is
          replaced by ' messages',                                            replaced by 'messages',
         the word 'outstanding' in subparagraph (b) is                        paragraph 1 (b) is replaced by the following :
          deleted .
                                                                              '(b) The services territorially responsible for the
                                                                                   border regions of two or more Member
                                                                                    States shall regularly exchange data relating
                                                                                   to vacancies and applications for employment
                                                                                   in their area and, acting in accordance with
                                                                                   their arrangements with             the other
                                                                                   employment services of their countries, shall
                                                                                   directly bring together and clear vacancies
                                                                                   and applications for employment.
                                                                                   Where necessary, such services in border
                                                                                   regions shall also develop methods of
                                                                                   cooperation and services in order to offer to
                                                                                   users the greatest possible amount of practical
                                                                                   information on various aspects of mobility
                                                                                   and to offer to the two sides of industry and
                                                                                   to    the   social   services  concerned      the
                                                                                   framework      of   an    agreement    on     any
                                                                                   supplementary measure required for the
                                                                                   purposes of mobility.'
5 . The first paragraph of Article 19 is replaced by the            6 . The first paragraph of Article 19 is replaced by the
    following :                                                         following :
    ' 1 . On the basis of a report using the Commission                 ' 1 . On the basis of a report from the Commission
    drawn up using information supplied by the Member                   drawn up using information supplied by the Member
    States , the latter and the Commission shall together               States , the latter and the Commission shall together
    analyse the results of Community arrangements for                   analyse the results of Community arrangements for
    vacancies and applications for employment.'                         vacancies and applications for employment.'
                                                                        — a third paragraph is added as follows :
                                                                              3.    Every two years, the Commission shall
                                                                             submit a report to the European Parliament on the
                                                                             implementation of Part II of Regulation (EEC)
                                                                             No 1612 / 68 , summarizing information obtained
                                                                             and data from studies carried out, and including
                                                                             any useful information relating to the development
                                                                             of the Community labour market.'
 ---pagebreak---   28 . 4 . 92                              Official Journal of the European Communities                             No C 107 / 13
                   INITIAL COMMISSION PROPOSAL                                              AMENDED PROPOSAL
  6 . Article 20 is replaced by the following :                        7. Article 20 is replaced by the following :
      'Article 20                                                          'Article 20
      (deleted).'                                                          (deleted).'
  7 . The Annex is deleted .                                           8 . The Annex is deleted .
                               Article 2                                                         Article 2
 This Regulation shall enter into force on . . .                       This Regulation shall enter into force the day after its
                                                                       publication in the Official Journal of the European
                                                                        Communities.
 This Regulation shall be binding in its entirety and                  This Regulation shall be binding in its entirety and
 directly applicable in all Member States .                            directly applicable in all Member States .
                 Amended proposal for a Council Directive on assistance to the Commission and cooperation by
                            the Member States in the scientific examination of questions relating to food
                                                           (92 / C 107 / 19)
                                                   COM(92) 128 final — SYN 332
                 (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 30 March 1992)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             processes, hygiene, food quality, labelling, methods of
                                                                       analysis, risk assessment techniques, and inspection and
                                                                       enforcement, particularly when these questions concern
                                                                       human health ;
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 100a
 thereof,
                                                                      Whereas consumers are entitled to a Community food
                                                                      policy which promotes safe food particularly regarding
 Having regard to the proposal from the Commission ('),               nutritional, microbiological and toxicological issues ;
In cooperation with the European Parliament,
                                                                      Whereas in order to assist with this task the Commission
                                                                      set up a Scientific Committee for Food by Decision
                                                                      74/234/EEC O ;
Having regard to the opinion of the Economic and
Social Committee (2),
                                                                      Whereas consultation of this Committee is currently
Whereas the completion and smooth operation of the                    required, in relation to questions of public health, by a
internal market for foodstuffs make it necessary to                   number of Directives such as those on dietetic foodstuffs,
examine and evaluate scientific questions relating to food            materials and articles intended to come into contact with
in disciplines such as medicine, nutrition, toxicology                foodstuffs, additives, flavourings and extraction solvents ;
food contamination , microbiology, novel foods and
(') OJ No C 108 , 23 . 4 . 1991 , p . 7 .
( 2 ) OJ No C 14 , 20 . 1 . 1992 , p . 6 .                            (») OJ No L 136, 20. 5. 1974, p. 1 .