Tag Archives: Free movement of persons

Green Paper on the learning mobility of young people

Green Paper on the learning mobility of young people

Outline of the Community (European Union) legislation about Green Paper on the learning mobility of young people

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Education training youth sport > Youth

Green Paper on the learning mobility of young people

This green paper launches a public consultation with the aim of boosting mobility opportunities for young people.

Document or Iniciative

Green Paper of 8 July 2009 – Promoting the learning mobility of young people [COM(2009) 329 final – Not published in the Official Journal].

Summary

Transnational mobility through which young people may acquire new knowledge and skills (learning mobility) enhances personal development and employability. Currently however, the learning mobility of young people is more an exception than a rule, and should therefore be promoted in all disciplines and contexts. As a result, the Commission is launching this public consultation to initiate discussions on how existing and new instruments, as well as public authorities and stakeholders can be mobilised to that end.

The green paper presents a number of issues where further efforts towards learning mobility are needed. The aim is to promote organised mobility that is carried out across borders as well as within and across sectors. While the value of virtual mobility is recognised, the focus is on physical mobility and the challenges arising before, during and after such periods.

Preparing for a period of learning mobility

Preparation is an essential element of any mobility project and needs to be well thought-out in order for the mobility period to be a success. Firstly, this consists of providing good quality and easily accessible information and guidance on mobility opportunities, including on funding, education and training programmes, as well as on any practical issues. Secondly, there is a need to promote and motivate young people to be mobile by informing them of the benefits and guaranteeing the recognition of such an experience. Thirdly, linguistic skills and intercultural competences facilitate mobility, and may be upgraded during mobility periods. However, as a lack of such skills may be a barrier to participation, ways to address these obstacles must be explored.

Other challenges to take into consideration during the preparatory phase include the legal status of the young people in the host countries. A secure framework for the mobility of minors and a European Trainee Statute for the mobility of trainees could help to overcome such legal obstacles. Similarly, the obstacles to the portability of grants and loans as well as to the access to benefits, which often contravene Community law, should be overcome to promote mobility. To this end, the Commission is suggesting the publication of guides for Member State authorities and stakeholders.

There is also a need to assure that the mobility period is of a high quality, to which both the sending and receiving institutions should commit. Appropriate mechanisms should be set up for selecting participants in a fair and transparent manner, as well as for matching participants and receiving institutions. A number of charters, such as the European Quality Charter for Mobility, could be used to guide this work, as could learning/training agreements drawn up by the sending and hosting institutions together with the participants. Finally, measures should be taken to reach disadvantaged groups, so that they may also benefit from the opportunities of learning mobility.

The stay abroad and follow-up

Proper arrangements should be in place to receive young people during their mobility periods abroad. It is particularly essential that the hosting institutions provide mentoring support to young people in order to help them integrate better into the host environment. Concerning the follow-up, mobility periods must be appropriately recognised and validated in terms of both formal and non-formal learning. To this end, a number of European instruments are already available (such as ECVET, EQF, Europass), but greater use should be made of them at the regional and sectoral levels.

A new partnership for mobility

In order to overcome the continuing obstacles to mobility, it is imperative to mobilise actors and resources at all levels. A new partnership should be established between public authorities, civil society and partners from the business world. At the same time, the funding base needs to be enlarged to provide mobility opportunities to all groups of young people.

Virtual mobility can provide an added value by acting as a catalyst for physical mobility, as well as by providing an international dimension to learning for those who cannot or do not want to go abroad. “Multipliers”, such as teachers and trainers at all levels, youth workers, as well as people who have been mobile are important in motivating young people to embark on a period of mobility. Any obstacles to their involvement in promoting mobility should be removed and opportunities for their mobility encouraged.

At the moment, mobility has wide backing. However, it is essential to turn this support into concrete targets, based on which Member States, regional authorities, institutions and organisations may define their mobility strategies. Strategic benchmarks should also be established to complement those developed at European and national levels.

Background

The Commission invites stakeholders and the wider public to respond to the issues raised in this green paper before 15 December 2009. The Commission will propose follow-up actions on the basis of these responses.

Mobility of young volunteers

Mobility of young volunteers

Outline of the Community (European Union) legislation about Mobility of young volunteers

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Education training youth sport > Youth

Mobility of young volunteers

Document or Iniciative

Council Recommendation of 20 November 2008 on the mobility of young volunteers across the European Union [Official Journal C 319 of 13.12.2008].

Summary

This recommendation establishes a framework of cooperation for Member States, based on which the cross-border mobility of young volunteers may be strengthened. It does so with due respect to the diversity of the national volunteering schemes.

The Council has defined cross-border voluntary activities as: “open to all young people, undertaken by their own free will in the general interest, for a sustained period, within a clear framework and in a country other than the country of residence, unpaid or with token payment and/or coverage of expenses”. Voluntary activities provide a non-formal educational and informal learning experience through which young people may develop their professional and social skills and competences. Thereby, these activities enhance their employability and active citizenship, while benefiting local communities and fostering social cohesion.

With this recommendation, the Council is encouraging Member States to strengthen cooperation among voluntary organisations and public authorities involved in organising voluntary activities, in order to promote the mobility of young volunteers within Europe. To this end, Member States should take action to:

  • promote the dissemination of information on national voluntary activities;
  • facilitate stakeholders’ access to information regarding cross-border voluntary activities and provide information on rights and opportunities thereof;
  • facilitate young volunteers’ access to cross-border voluntary activities, in particular by simplifying the procedures;
  • develop opportunities for cross-border voluntary activities through a flexible approach, taking into consideration such issues as hosting capacities, establishment of contacts among volunteers, use of European mobility mechanisms, mobility of youth workers and training of those active in youth work;
  • promote the development of intercultural competences and the learning of languages as means to facilitate cross-border mobility;
  • support the development of self-assessment tools with which voluntary organisations may guarantee the quality of their cross-border activities;
  • exchange information and cooperate with each other in order to assure the social and legal protection of volunteers;
  • promote the recognition of volunteers’ learning outcomes through the use of national and European level qualification instruments;
  • promote the participation of young people with fewer opportunities in cross-border voluntary activities.

The Commission is committed to support Member States’ actions relating to the above. It will do this through the EU cooperation framework in the youth field, the open method of coordination as well as the European Voluntary Service (EVS), as contained in the youth in action programme. The Commission will develop opportunities for voluntary organisations to exchange information and experience on cross-border cooperation. In addition, it will establish a European Youth Volunteer Portal to disseminate information to all stakeholders.

Background

The common objectives for young people’s voluntary activities and their implementation at national level were identified in the Resolution of 15 November 2004 on common objectives for voluntary activities of young people and in its implementing resolution of 16 November 2007. These also requested that Member States develop means to measures progress in practice. The 2007 resolution further requested the Commission to propose additional ways to promote and recognise young people’s voluntary activities.

Youth mobility

Youth mobility

Outline of the Community (European Union) legislation about Youth mobility

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Education training youth sport > Youth

Youth mobility

Document or Iniciative

Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council of 21 November 2008 on youth mobility [Official Journal C 320 of 16.12.2008].

Summary

The mobility of young people is essential in promoting a sense of belonging to Europe, enhancing social and occupational integration, and ensuring a competitive European economy. However, the mobility of young people is not widespread, regardless of the success of the Erasmus programme.

All young people in Europe should have opportunities for mobility. This should consist of physical mobility, whereby the young person will stay in another European country to study, do an internship, volunteer or carry out other training. In the educational context, “virtual mobility” may also contribute to the mobility of young people. Through mobility, young people may develop their skills and competences, thus improving their versatility and employability.

A European policy for mobility should be cross-cutting, provide for the arrangements with which opportunities for mobility are prepared and supported, and promote the recognition of learning outcomes from periods of mobility and the development of opportunities for mobility for teachers and trainers. Young people coming from disadvantaged backgrounds or having special needs must receive particular consideration.

In light of the above, Member States are encouraged to:

  • provide further opportunities for cross-border mobility within education, training and volunteering, thereby transforming mobility into a widespread phenomenon;
  • take steps to attain the objectives of the current European Union (EU) programmes for education, youth, culture, citizenship and research;
  • build on the work of the High Level Expert Forum in order to facilitate the participation of all young people in mobility schemes and enhance the mobility of all educational staff;
  • take action at various levels and in partnership with various stakeholders to increase opportunities for mobility.

The Member States and the Commission are invited to set out measures to remove possible barriers to mobility and to ensure the recognition of cross-border mobility periods. In particular, they should:

  • develop scope for mobility by promoting active coordination between stakeholders so that the management of public sector support is enhanced, taking advantage of relevant EU programmes, considering the needs of disadvantaged youth and encouraging the establishment of new opportunities for mobility;
  • inform about mobility programmes by disseminating information via various means to young people and their families, educational staff and youth workers, as well as by supporting the implementation of relevant EU programmes;
  • simplify procedures for implementing the EU programmes, for creating the financial incentive strategies and for enhancing the recognition of learning outcomes from periods of mobility;
  • provide funding sources for mobility through appropriate Community financial instruments such as the Structural Funds and by promoting funding from public and private sectors, with particular support given to disadvantaged youth and youth with special needs;
  • enhance the application of the European Quality Charter for Mobility principles in mobility schemes by promoting the exchange of best practices concerning reception conditions, the provision of proper living and working conditions as well as preparation for mobility, in particular from a linguistic and cultural point of view;
  • increase knowledge of youth mobility through comparable statistics and survey results, as well as by conducting impact assessments on the cultural, educational and professional benefits of mobility.

Furthermore, the Commission is invited to set up a work plan for the incorporation of cross-border mobility into other EU programmes. Information on these programmes should then be disseminated as widely as possible, in order to promote them among young people. To this end, national “one-stop-shops” and a European youth mobility portal should be created. In addition, the Commission must provide a mid-term report on the developments of youth mobility in Europe before the end of 2010, followed by regular reports. Finally, the Commission is requested to provide national authorities and other stakeholders with a guide on European policies that may be used to support mobility, as well as to investigate new financial support mechanisms.

Background

The European Council decided in March 2008 to establish a “fifth freedom” whereby barriers to the free movement of knowledge would be removed. This also entails improved cross-border mobility of students, researchers, scientists and educational staff.

Agreement with the Swiss Federation: free movement of persons

Agreement with the Swiss Federation: free movement of persons

Outline of the Community (European Union) legislation about Agreement with the Swiss Federation: free movement of persons

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Internal market > Living and working in the internal market

Agreement with the Swiss Federation: free movement of persons

Document or Iniciative

Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation [Official Journal L 114 of 30.4.2002].

Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons [OJ L 114 of 30.4.2002].

Summary

This Agreement establishes the principle of free movement of persons between the territory of the European Community and that of the Swiss Confederation.

European and Swiss nationals both enjoy the right of entry, residence, access to paid work, establishment on a self-employed basis and the right to stay in the territory after their employment has finished. The right of entry and residence applies to everyone, including those without an economic activity in the host country.

The host State must accord foreign nationals the same living, employment and working conditions as those accorded to nationals. The Agreement provides protection against discrimination based on nationality.

There are other rights related to the free movement of persons. They concern:

  • the right to personal and geographical mobility;
  • the right of residence for members of the family and their right to pursue an economic activity, irrespective of their nationality;
  • the right to acquire immovable property, specifically in order to establish a main or secondary residence in the host State;
  • the right to return to the host State after the end of an economic activity or period of residence there.

The Agreement also provides for the coordination of social security systems under the principle of equal treatment, as well as the mutual recognition of professional qualifications.

Service provision

Service providers, including companies, may temporarily provide a service on the territory of another Contracting Party to the Agreement under the same conditions as nationals of that State. This right does not apply to services carried out on the territory of a Contracting Party for persons receiving services who are located in the territory of the other party.

This service must not exceed 90 days of work in a calendar year. After that period the provider must apply for a residence permit for the period of their service provision.

Persons receiving a service have the right of entry and residence in the territory of the other Party to the Agreement. They shall not require a residence permit if their stay is less than three months. After that period, a residence permit shall be issued by the competent authorities for the duration of the service provision.

Management by Joint Committee

A Joint EU-Swiss Committee made up of representatives from the two Parties shall be established to ensure compliance with, and application of, the Agreement. The Committee shall decide on any amendments required concerning specific annexes to the Agreement. They shall be responsible for settling any disputes related to compliance with the Agreement.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 2002/309/EC, Euratom

1.6.2002

OJ L 114 of 30.4.2002

RELATED ACTS

Council Decision2006/245/EC of 27 February 2006 on the conclusion, on behalf of the European Community and its Member States, of a Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation, as contracting parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, pursuant to their accession to the European Union [Official Journal L 89 of 28.3.2006].

Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons regarding the participation, as contracting parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic pursuant to their accession to the European Union [Official Journal L 89 of 28.3.2006].

Council Decision2009/392/EC of 27 November 2008 on the conclusion, on behalf of the European Community and its Member States, of a Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons regarding the participation, as contracting parties of the Republic of Bulgaria and Romania pursuant to their accession to the European Union[Official Journal L 124 of 20.5.2009].

Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation, as contracting parties of the Republic of Bulgaria and Romania pursuant to their accession to the European Union [Official Journal L 124 of 20.5.2009].

Free movement of workers: taking stock of their rights

Free movement of workers: taking stock of their rights

Outline of the Community (European Union) legislation about Free movement of workers: taking stock of their rights

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Living and working in the internal market

Free movement of workers: taking stock of their rights

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 13 July 2010 – Reaffirming the free movement of workers: rights and major developments [COM(2010) 373 final – Not published in the Official Journal].

Summary

Since the establishment of the principle of the free movement of persons in the European Union (EU), many obstacles to mobility have been abolished. The Commission therefore presents the main legal developments which have improved the rights of European migrant workers. In addition, the promotion of mobility is an objective of the new Europe 2020 Strategy.

Free movement of workers

The principle of the free movement of persons applies to all European citizens whose period of residence does not exceed three months. After that period, the exercise of the freedom of movement is subject to certain conditions. However, migrant workers enjoy better conditions than non-active citizens.

The principle of free movement of workers entitles all European citizens to work in another EU country (Article 45 of the Treaty on the Functioning of the EU (TFEU)). Certain countries may impose registration formalities on workers after a period of three months, but no other residence condition.

Self-employed workers (Article 49 of the TFEU) and posted workers in the context of the provision of services are subject to other provisions.

Migrant workers are those who have:

  • an income, including a limited income or benefits in kind. Only voluntary work is excluded from the definition;
  • a relationship of subordination, which characterises gainful employment (i.e. the employer determines the choice of activity, remuneration, working conditions, etc.);
  • genuine and effective work, because the activity must not be marginal or accessory. However, part-time work, traineeships and certain forms of training are recognised;
  • a cross-border link, i.e. the worker must reside or work in an EU country other than his or her country of origin.

Other categories of citizen may benefit from the freedom of movement of workers if their period of residence exceeds three months:

  • members of the migrant worker’s family, irrespective of their nationality. They have access to the social advantages of the host country;
  • people retaining the status of worker, even if they are no longer employed in the host country (in the case of temporary inability to work, involuntary unemployment, etc.);
  • jobseekers, if they can prove that they are actively seeking employment.

Access to employment

Migrant workers must be able to pursue their professional activities under the same conditions as national workers. They may not be discriminated against with regard to:

  • the exercise of a regulated profession, because they can apply for recognition of their professional qualifications or training;
  • language requirements, which must only be reasonable and necessary for the job in question;
  • access to the public sector, except for certain types of job which require participation in the exercise of powers conferred by public law;
  • the free movement of professional and semi-professional sportsmen.

Jobseekers have access to public employment services and financial benefits intended to facilitate access to employment in the labour market of the host Member State.

Equal treatment of workers

Any discrimination with regard to employment, remuneration and working conditions is prohibited.

Migrant workers are treated in the same way as national workers:

  • they are subject to the laws and collective agreements of the host State;
  • they enjoy the same social advantages linked to their status as residents or workers, from the first day of their employment;
  • they may not be discriminated against in the area of tax on the basis of their nationality or their status as migrant workers.

Coordination of social security systems

Coordination of social security systems

Outline of the Community (European Union) legislation about Coordination of social security systems

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Social protection

Coordination of social security systems

Document or Iniciative

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems [See amending act(s)].

Summary

The social security systems of the countries of the European Union (EU) are coordinated. However, social benefits and the conditions under which they are granted are determined at national level, depending on the traditions and culture of each country.

European law lays down rules and principles to guarantee the right of free movement of persons in the EU.

Persons concerned

This Regulation applies to all nationals of an EU country who are or who have been covered by the social security legislation of one of those countries, as well as to the members of their family and their survivors.

It also applies to third country nationals living legally in the EU and whose situation connects them to several Member States. The Regulation also applies to members of their families and their survivors.

According to the principle of equal treatment, nationals of an EU country and persons residing in that country without being nationals of it are equal in terms of the rights and obligations provided for by the national legislation.

The provisions of this Regulation apply to all the traditional branches of social security:

  • sickness,
  • maternity,
  • accidents at work,
  • occupational diseases,
  • invalidity benefits,
  • unemployment benefits,
  • family benefits,
  • retirement and pre-retirement benefits,
  • death grants.

The Regulation also recognizes the principle of the aggregation of periods, pursuant to which periods of insurance, employment or residence in an EU country are taken into account in all the other EU countries. This means that the acquisition of the right to benefits in one State must take account of periods of insurance, employment, self-employment or residence in another EU Member State.

Determination of the applicable legislation

The insured person is subject to the legislation of a single Member State only. The Member State concerned is the one in which he or she pursues a gainful activity.

Particular rules are provided for certain categories of workers, such as civil servants who are subject to the legislation of the Member State to which the administration employing them is subject, and workers who are employed or self-employed in several EU countries.

Benefits in kind (sickness, maternity and paternity)

Frontier workers are affiliated to the body of the country in which they work, while residing in another EU country and having access to health care in both States. Special provisions are provided concerning benefits in kind intended for members of their family.

Persons staying in an EU country other than their country of residence, in particular during holidays, must be able to receive necessary medical benefits during their stay. It is the legislation of the State in which they are staying which determines the financial conditions for the award of the benefits, but the costs are borne/reimbursed by the social security body of the country of origin. This right is certified by the European Health Insurance card, which every insured person may request from his/her social security body.

Members of the retired worker’s family are entitled to certain benefits in kind, even if they reside in a Member State other than that of the holder of the pension.

Retired frontier workers

This category of insured person can receive benefits in the last State in which they worked if it concerns the continuation of medical treatment which began in that State.

They, as well as their families, can continue to receive medical treatment in the last Member State in which they worked:

  • without restriction if they have pursued a frontier activity for two years during the five years preceding the retirement or invalidity;
  • provided the Member States concerned have opted for this.

Benefits for accidents at work and occupational diseases

Persons staying or residing in a Member State other than that in which they are affiliated to social security nevertheless benefit from the scheme covering accidents at work and occupational diseases. These benefits are provided by the institution of the place of stay or residence in accordance with the legislation which is applicable there.

The institution of the State in which the worker is affiliated bears the costs of transporting him/her to his/her place of residence. The institution must have previously reached agreement on this form of transport, except in the case of frontier workers.

Death grants

When an insured person or member of his/her family dies in a Member State other than the competent Member State, death is deemed to have occurred in the competent Member State. Hence the competent institution must provide the death grants payable under the legislation it applies even if the person entitled resides in another Member State.

Invalidity benefits

As regards invalidity benefits, Member States may decide to determine the amount of the benefits on the basis of the duration of periods of insurance or residence (see Annex VI to the Regulation).

Old-age pensions

All Member States in which a person has been insured must pay an old-age pension when the insured person reaches the age of retirement. The calculation of the amount of the benefits takes into consideration all the periods completed in another Member State.

The Regulation also contains rules concerning the way in which the competent institutions calculate benefits and establishes rules to prevent overlapping.

If a worker is entitled to benefits in several EU countries, the total amount of the benefits must not be less than the minimum provided for in the legislation of his/her Member State of residence, if the State of residence has a minimum pension scheme. Otherwise, the institution of the Member State of residence must pay compensation.

Unemployment benefits

As regards unemployment benefits, the competent institution of a Member State must take into account the periods of insurance, employment or self-employment completed under the legislation of any other Member State as though they were completed under the legislation it applies.

An unemployed person may move to another Member State in order to seek work while retaining entitlement to benefits for three months. The competent services or institutions may extend this period up to a maximum of six months. If the unemployed person does not return on or before the expiry of this period he/she loses all entitlement to benefits.

Preretirement

Beneficiaries of statutory pre-retirement schemes may receive their benefits and be covered for their health care and family benefits in another European country. Based on the principle of equal treatment, they must have the same rights and obligations as other citizens of the country.

Since statutory pre-retirement schemes exist only in a very small number of Member States, this Regulation excludes the rule concerning the aggregation of periods for the acquisition of entitlement to pre-retirement benefits.

Family benefits

A person is entitled to family benefits in a competent Member State, including for members of his/her family residing in another Member State, as if they were residing in the former Member State.

In the case of overlapping benefits, family benefits are provided in line with the priority rules set out.

Special non-contributory cash benefits

Contrary to the general rule, these benefits are not exportable if they are listed in Annex X and if they fulfil certain criteria. Besides, these criteria apply to all Member States, with the result that similar benefits will be treated in the same way.

Coordination instruments in social security systems

This Regulation reinforces the principle of good administration. The institutions must respond to all queries within a reasonable period of time and must in this connection provide the persons concerned with any information required for exercising the rights conferred on them by this Regulation. Besides, in the event of difficulties in the interpretation or application of this Regulation, the institutions involved must contact one another in order to find a solution for the person concerned.

The Regulation provides for mechanisms designed to guarantee smooth functioning and enhanced cooperation between Member States and institutions in the field of social security, notably:

  • an Administrative Commission, responsible for handling any question of interpretation arising from the provisions of this Regulation or any accord or agreement concluded in the framework of the Regulation;
  • a Technical Commission within the Administrative Commission, responsible for assembling technical documents, studies and the associated activities;
  • an Audit Board which will establish the average costs for reimbursement of healthcare costs in Member States;
  • an Advisory Committee, responsible for preparing opinions and proposals for the Administrative Commission.

Context

Coordination of social security systems got under way in 1971 with the adoption of Council Regulation (EEC) No 1408/71. This Regulation guaranteed equal treatment and social security benefits to all workers who are Member State nationals, regardless of their place of employment or residence.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 883/2004

20.5.2004

OJ L 314 of 7.6.2004

Amending Act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 988/2009

30.10.2009

OJ L 284 of 30.10.2009

Regulation (EC) No 1231/2010

1.1.2010

OJ L 344 of 29.12.2010

Regulation (EU) No. 465/2012

28.6.2012

OJ L 149 of 8.6.2012

Successive amendments and corrections to Regulation (EC) No 883/2004 have been incorporated in the basic text. This consolidated versionis for reference purpose only.

Related Acts

Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland) [Official Journal L 284 of 30.10.2009]
This Proposal details the implementation procedures which should ensure that benefits are granted quickly and efficiently, despite the wide range of national social security systems.

Mobility for students, persons undergoing training, young volunteers, teachers and trainers

Mobility for students, persons undergoing training, young volunteers, teachers and trainers

Outline of the Community (European Union) legislation about Mobility for students, persons undergoing training, young volunteers, teachers and trainers

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Education training youth sport > Youth

Mobility for students, persons undergoing training, young volunteers, teachers and trainers

acquis in the field of free movement.

Document or Iniciative

Recommendation of the European Parliament and of the Council of 10 July 2001 on mobility within the Community for students, persons undergoing training, young volunteers, teachers and trainers [Official Journal L 215 of 9.8.2001].

Summary

Free movement of persons, which is one of the basic principles of the Treaty on European Union (EU), is not confined to workers. As the idea of European citizenship gains credence within the Union, arrangements need to be made to ensure that people who do not yet work can take advantage of it. Despite the existence of a legislative framework concerning freedom of movement for workers and recognition of vocational qualifications, and the existence of numerous European exchange programmes, obstacles still exist to the effective mobility of students, persons undergoing training, young volunteers, teachers and trainers.

Obstacles to be overcome

The remaining obstacles to freedom of movement must be removed in order to ensure that educational and vocational training programmes have a European dimension.

The Recommendation indicates a series of conditions that need to be fulfilled by the Member States in order to ensure effective freedom of movement of students, persons undergoing training, young volunteers, teachers and trainers within the EU. These include:

  • recognition of vocational qualifications and experience acquired in the host Member State;
  • harmonisation of the status accorded by Member States to students, persons undergoing training, teachers and trainers, particularly with regard to right of residence, employment law, social security and taxation;
  • effective elimination of double taxation.

Measures recommended

Appropriate measures to encourage the mobility of persons covered by the Recommendation should complement measures already implemented in the European programmes in the fields of education, training and youth, such as the Lifelong Learning Programme and Youth in Action.

Member States are called on to take the measures they consider appropriate in order to:

  • remove the legal and administrative obstacles to the mobility of persons;
  • reduce linguistic and cultural obstacles;
  • promote the development of the various forms of financial support for mobility, facilitate the portability of scholarships, national aids and other support arrangements;
  • extend to persons participating in mobility schemes the benefits (other than social security benefits) available to the same categories of persons in the host State, such as fare reductions for public transport, financial assistance with accommodation and meals, etc.;
  • encourage the creation of a European qualification area;
  • facilitate access to all useful information.

Measures proposed by the Recommendation which specifically concern students include:

  • facilitate the recognition in the home Member State of the period of study undertaken in the host Member State. To this end, use of the European Credit Transfer System (ECTS), which guarantees the recognition of academic experience as a result of a contract drawn up in advance between the student and the home and host establishments, should be encouraged;
  • ensure that the decisions of the competent authorities responsible for academic recognition are made within reasonable timescales, are justified and are open to administrative and/or legal appeal;
  • encourage educational establishments to issue a European supplement as an administrative annexe to the diploma, describing the studies undertaken, in order to facilitate their recognition;
  • take appropriate measures to make it easier for students on mobility schemes to prove that they have the health cover or insurance needed in order to obtain a residence permit.

Measures proposed by the Recommendation which specifically concern persons undergoing training include:

  • facilitate the recognition of the training undertaken in another country, particularly using the Europass Training document;
  • encourage the use of more transparent models for vocational training certificates. For example, official national certificates should be accompanied by a translation of the certificate and/or a European certificate supplement;
  • take appropriate measures to make it easier for persons undergoing training to prove that they have the financial resources needed in order to obtain a residence permit.

Measures proposed by the Recommendation which specifically concern young volunteers include:

  • ensure that the specific nature of voluntary activity is taken into account in national legal and administrative measures;
  • promote the introduction of a certificate of participation for persons who have taken part in voluntary activity projects (such as Youthpass), with a view to bringing about a common European format for curricula vitae;
  • avoid any discrimination against volunteers on transnational mobility schemes in terms of entitlement to social protection measures.

Measures proposed by the Recommendation which specifically concern teachers and trainers include:

  • promote the European mobility of teachers and trainers by making arrangements for the temporary replacement of teachers and introducing European training periods;
  • encourage the introduction of a European dimension in training programmes for teachers and trainers by encouraging contacts between establishments within Europe which train teachers and trainers;
  • promote inclusion of European mobility experience as a component of the careers of teachers and trainers.

The Commission is specifically called on to:

  • set up a group of experts in order to permit exchanges of information and experience concerning the implementation of the Recommendation and of the Action Plan for Mobility;
  • submit every two years an analytical summary of the national reports on the implementation of the Rrecommendation;
  • study the procedures for introducing a pass for schoolchildren/students/trainees/volunteers within the EU, giving holders entitlement to various concessions during their period of mobility;
  • draw up proposals designed to promote the transparency of professional qualifications and the exchange of information on opportunities for studying, performing voluntary work or teaching in other Member States.

Related Acts


Council Recommendation

of 28 June 2011 – ‘Youth on the move’ – promoting the learning mobility of young people [OJ C 199 of 7.7.2011].

Recommendation (EC) No 2006/961 of the European Parliament and of the Council of 18 December 2006 on transnational mobility within the Community for education and training purposes: European Quality Charter for Mobility [Official Journal L 394 of 30.12.2006].

The Charter concentrates on the quality aspects of mobility. It constitutes a reference document for stays abroad in order to ensure a positive experience for participants, young people and adults.

Report on the follow-up to the Recommendation of the European Parliament and the Council of 10 July 2001 on mobility within the Community of students, persons undergoing training, volunteers and teachers and trainers [COM(2004) 21 final – not published in the Official Journal].

Readmission agreement with Sri Lanka

Readmission agreement with Sri Lanka

Outline of the Community (European Union) legislation about Readmission agreement with Sri Lanka

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Free movement of persons asylum and immigration

Readmission agreement with Sri Lanka

Document or Iniciative

Council Decision 2005/372/EC of 3 March 2005 concerning the conclusion of the Agreement between the European Community and the Democratic Socialist Republic of Sri Lanka on the readmission of persons residing without authorisation.

Agreement between the European Community and the Democratic Socialist Republic of Sri Lanka on the readmission of persons residing without authorisation.

Summary

The Agreement between the European Community and the Democratic Socialist Republic of Sri Lanka on the readmission of persons residing without authorisation and is annexed to and approved by the Decision.

The Agreement meets the need to establish, on the basis of reciprocity, rapid and effective procedures for the identification and safe and orderly return of persons who do not, or no longer, fulfil the conditions for entry to, presence in, or residence on the territories of Sri Lanka or one of the Member States of the European Union, and to facilitate the transit of such persons in a spirit of cooperation.

Readmission obligations by Sri Lanka

Sri Lanka must readmit, upon application by a Member State:

  • all persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of the requesting Member State provided that it is proved that they are nationals of Sri Lanka;
  • all third-country nationals or stateless persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of the requesting Member State.

The latter case applies where it is proved that the person:

  • at the time of entry held a valid visa or residence authorisation issued by Sri Lanka; or
  • entered the territory of the Member States unlawfully coming directly from the territory of Sri Lanka by air or ship without having entered another country in-between.

The readmission obligation does not apply if:

  • the third country national or stateless person has only been in airside transit via Colombo international airport; or
  • the requesting Member State has issued to the third country national or stateless person a visa or residence authorisation before or after entering its territory;
  • (in the latter case) unless that person is in possession of a visa or residence permit, issued by Sri Lanka, which has a longer period of validity.

At the request of a Member State, Sri Lanka must issue the person to be readmitted with the travel document required for his or her return that is of a period of validity of at least six months.

Readmission obligations by the Community

A Member State shall readmit, upon application by Sri Lanka, all persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of Sri Lanka provided that it is proved that they are nationals of that Member State. It must also readmit all third-country nationals or stateless persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of Sri Lanka provided that it is proved that such persons:

  • at the time of entry held a valid visa or residence authorisation issued by the requested Member State; or
  • entered the territory of Sri Lanka unlawfully coming directly from the territory of the requested Member State.

If two or more Member States issued a visa or residence authorisation, the readmission obligation is for the Member State that issued the document with a longer period of validity or, if one or several of them have already expired, the document that is still valid. If all of the documents have already expired, the readmission obligation is for the Member State that issued the document with the most recent expiry date.

Readmission procedure

Any transfer of a person requires the submission of a readmission application to the competent authority of the requested State. The readmission application is to contain the particulars of the person to be readmitted, and an indication of the means with which proof or prima facie evidence of nationality, transit and unlawful entry and residence will be provided.

Where possible, the readmission application should also contain a statement indicating that the person to be transferred may need help or care and any other protection or security measure that may be necessary in the individual transfer case.

The application for readmission must be submitted to the competent authority of the requested State within a maximum of one year after the requesting State’s competent authority has gained knowledge that a third-country national or a stateless person does not, or does no longer, fulfil the conditions in force for entry, presence or residence. Where there are legal or factual obstacles to the application being submitted in time, the time limit may be extended.

A readmission application must be replied to within no more than 15 calendar days. Reasons must be given for refusal of a readmission request.

Before a person is returned, arrangements must be made in writing and in advance regarding the point of entry, possible escorts and other information relevant to the transfer. All means of transport, whether by air, land or sea, are possible.

Transit operations

The transit of third-country nationals or stateless persons is confined to cases where such persons cannot be returned direct to the State of destination.

Transit can be refused by Sri Lanka or a Member State:

  • if the third-country national or the stateless person runs the risk of persecution, or could be subject to criminal prosecution or sanctions in another State of transit or in the State of destination; or
  • on grounds of public health, domestic security, public order or other national interests of the requested State.

The Agreement is without prejudice to the rights, obligations and responsibilities of the Community, the Member States and Sri Lanka arising from international law and, in particular, from any applicable International Convention or agreement to which they are Parties.

The Agreement provides for the establishment of a joint readmission committee to assist with its application and interpretation. Sri Lanka and a Member State may draw up implementing Protocols to cover rules on:

  • the designation of the competent authorities, the border crossing points and the exchange of contact points;
  • the conditions for escorted returns, including the transit of third-country nationals and stateless persons under escort;
  • means and documents additional to those listed in Annexes 1 to 4 to the Agreement.

The Agreement applies to the territory in which the Treaty establishing the European Community is applicable (excepting the Kingdom of Denmark) and Sri Lanka.

The Agreement is to be ratified or approved by the Contracting Parties in accordance with their respective procedures.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 2005/372/EC 01.05.2005 OJ L 124, 17.05.2005

 

Free movement of persons, asylum and immigration

Free movement of persons, asylum and immigration

Outline of the Community (European Union) legislation about Free movement of persons, asylum and immigration

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Free movement of persons asylum and immigration

Free movement of persons, asylum and immigration

The free movement of persons is a fundamental right guaranteed to European Union (EU) citizens by the Treaties. It is realised through the area of freedom, security and justice without internal borders. Lifting internal borders requires strengthened management of the Union’s external borders as well as regulated entry and residence of non-EU nationals, including through a common asylum and immigration policy.
The concept of free movement of persons came about with the signing of the Schengen Agreement in 1985 and the subsequent Schengen Convention in 1990, which initiated the abolition of border controls between participating countries. Being part of the EU legal and institutional framework, Schengen cooperation has gradually been extended to include most EU Member States as well as some non-EU countries.

FREE MOVEMENT OF EUROPEAN CITIZENS WITHIN THE UNION

  • Right of Union citizens and their family members to move and reside freely within the territory of the Member States
  • The Schengen area and cooperation
  • Strengthening the Schengen area
  • The Stockholm Programme
  • Action plan on the Stockholm Programme

SCHENGEN INFORMATION SYSTEM II

  • Legal instruments governing migration from SIS 1+ to SIS II
  • Second generation Schengen Information System (SIS II) – former 1st pillar regulation
  • Second generation Schengen Information System (SIS II) – former 3rd pillar decision
  • Access of vehicle registration services to SIS II
  • IT agency for the area of freedom, security and justice
  • New functions for the Schengen Information System in the fight against terrorism
  • Improved effectiveness, enhanced interoperability and synergies between European databases

PENETRATING EXTERNAL BORDERS

  • Schengen Borders Code
  • Local border traffic at external land borders
  • Rapid border intervention teams (RABIT)
  • European Agency for the Management of External Borders – Frontex
  • External Borders Fund (2007-13)
  • Obligation of air carriers to communicate passenger data
  • Standing Committee on operational cooperation on internal security
  • EU internal security strategy
  • Next steps in border management in the EU
  • European external border surveillance system (EUROSUR)
  • Reinforcing the management of the EU’s southern maritime borders

VISAS

Visa policy

  • Visa Code
  • Visa requirements for non-EU nationals
  • Uniform format for visas
  • Facilitated Transit Document (FTD) and Facilitated Rail Transit Document (FRTD)
  • Facilitating procedures for issuing visas for those taking part in sporting events
  • Airport transit arrangements

Information system on visas

  • VIS Regulation
  • Establishment of the Visa Information System (VIS) – Stage 1
  • Access to the Visa Information System (VIS) by the national authorities and Europol

Consular cooperation and document fraud

  • Integration of biometric features in passports and travel documents
  • Exchange of information to combat counterfeit travel documents
  • FADO image-archiving system
  • Detecting forged documents
  • Local consular cooperation regarding visas

ASYLUM

European asylum system

  • European Asylum Support Office
  • Joint EU resettlement programme
  • Policy plan on asylum
  • Entry of refugees into the EU and enhancing protection for them in the countries of first asylum
  • Future common European asylum system

Minimal harmonisation of national legislation

  • Minimum standards for procedures for granting and withdrawing refugee status
  • Conditions governing eligibility for refugee status or international protection
  • Minimum standards on the reception of applicants for asylum in Member States
  • Minimum guarantees for asylum procedures
  • Temporary protection in the event of a mass influx of displaced persons

Cooperation and coordination of asylum systems

  • Dublin II Regulation
  • “Eurodac” system
  • Closer practical cooperation

Financial programmes

  • European Refugee Fund (2008-13)

IMMIGRATION AND RIGHTS OF NATIONALS OF NON-EU COUNTRIES

Immigration policy

  • European Pact on Immigration and Asylum
  • A comprehensive European migration policy
  • A common immigration policy for Europe
  • Policy plan on legal migration
  • Actions and tools for integration
  • Common framework for the integration of non-EU nationals

Entry and residence

  • Uniform format for residence permits
  • Admission and residence of researchers from third countries
  • Entry and residence of highly qualified workers (EU Blue Card)
  • Conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service
  • Residence permit for victims of human trafficking
  • Status of non-EU nationals who are long-term residents
  • Family reunification
  • Single application procedure for a residence and work permit and a common set of rights for Non-EU Member Country workers
  • Limitations on the admission of third-country nationals for the purpose of pursuing activities as self-employed persons
  • Limitations on the admission of third-country nationals for employment

Illegal immigration

  • Defining the facilitation of illegal immigration
  • Penal framework for preventing the facilitation of illegal immigration
  • Sanctions against the employment of illegally staying non-EU nationals
  • Financial penalties on carriers
  • Immigration liaison officers’ network
  • Protocol against the Smuggling of Migrants by Land, Air and Sea
  • Policy priorities in the fight against illegal immigration
  • Links between legal and illegal immigration

Return and expulsion

  • Common standards and procedures for returning illegal immigrants
  • Mutual recognition of expulsion decisions
  • Joint flights for the removal of illegal immigrants

Information and cooperation

  • Community statistics on asylum and migration
  • The European Migration Network (EMN)
  • Mutual information mechanism for national asylum and immigration measures
  • Information management in the area of freedom, security and justice

Financial programmes

  • Integration Fund (2007-13)
  • Return Fund (2008-13)
  • Framework programme on solidarity and management of migration flows for the period 2007-2013

RELATIONS WITH NON-EU COUNTRIES

  • Strengthening the Global Approach to Migration
  • Migration: Global Approach to the Eastern and South-Eastern regions of the EU
  • Circular migration and mobility partnerships 
  • Towards a comprehensive European migration policy
  • Cooperation with Non-EU Member Countries in the areas of migration and asylum
  • The external dimension of the area of freedom, security and justice
  • Migration and development: some concrete orientations
  • Integration of concerns related to migration within the external policy

External borders and visas

  • Agreements with the countries of the Western Balkans on the facilitation of the issuance of visas
  • Facilitating the issuance of short-stay visas with Russia
  • Transit Kaliningrad – Russian mainland: proposals and implementation

Asylum

  • Regional Protection Programmes

Return and readmission

  • Readmission agreements with Macao and Hong Kong
  • Agreement with Pakistan on readmission
  • Readmission agreements with Eastern European countries
  • Agreement on readmission with Russia
  • Readmission agreements with the countries of the western Balkans
  • Readmission agreement with Sri Lanka

Cross-border healthcare: patients’ rights

Cross-border healthcare: patients’ rights

Outline of the Community (European Union) legislation about Cross-border healthcare: patients’ rights

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Public health > European health strategy

Cross-border healthcare: patients’ rights

Document or Iniciative

Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare.

Summary

This Directive makes provision for the introduction of a general framework to:

  • clarify patients’ rights with regard to accessing cross-border healthcare provision *;
  • guarantee the safety, quality and efficiency of care that they will receive in another EU Member State;
  • promote cooperation between Member State on healthcare matters.

This Directive does not concern:

  • long-term care services;
  • public vaccination programmes.

Member States’ responsibilities

Each Member State shall designate one or several national contact points for cross-border healthcare. These contact points shall consult with patient associations, healthcare providers and healthcare insurers. They are responsible for providing patients with information on their rights when they decide to take advantage of cross-border healthcare and with the contact details of the other contact points in the other Member States.

The Member State of treatment
* organises and provides the healthcare. They are responsible for ensuring the quality and safety of the healthcare provided, in particular by implementing control mechanisms. They also ensure the protection of personal data and equal treatment for patients who are not nationals of their country. The national contact point in the Member State of treatment shall provide patients with the necessary information.

Following the provision of care, it is the Member State of affiliation
* who takes care of the reimbursement of the insured person on the condition that the treatment received is provided for under reimbursable care in their national legislation.

Procedures for reimbursing cross-border care

The Member State of affiliation shall ensure that the costs incurred by an insured person who receives cross-border care shall be reimbursed, on the condition that the person has the right to the type of care received. The amount of the reimbursement is equivalent to the amount which could have been reimbursed by the statutory social security system if the care was provided in their country. It must not exceed the actual costs of the care.

The Member State of affiliation may reimburse related costs, such as accommodation and travel costs.

An insured person may also receive reimbursement for services provided through the means of telemedicine.

With regard to certain cross-border healthcare *, the State of affiliation can implement a system of prior authorisation in order to avoid the risk of undermining the planning and/or financing of their health system. It must provide this authorisation automatically if the patient has the right to the healthcare in question and when this healthcare cannot be provided on its territory within a time limit which is medically justifiable. However, the State of affiliation may refuse to grant prior authorisation to a patient in very specific cases (as detailed in the Directive *).

If a patient requests prior authorisation and the conditions are met, authorisation must be granted in accordance with the Regulation relating to the coordination of social security systems, except if the patient requests to be treated under the framework of this Directive.

Administrative procedures relating to the provision of healthcare must be necessary and proportional. They should be implemented in a transparent manner, within fixed deadlines and based on objective and non-discriminatory criteria. When processing a request for cross-border healthcare, Member States must take into account the patient’s medical condition and the urgency of the specific circumstances.

Cooperation on healthcare

Member States will cooperate on the implementation of the Directive. In particular, they will support the creation of European reference networks of healthcare providers, which aim to facilitate the mobility of expertise and access to highly specialised care through the concentration and joining up of available resources and expertise.

Member States shall recognise the validity of medical prescriptions issued in other Member States if those medicines are authorised in their country. Measures must be taken to help health professionals mutually recognise and verify the authenticity of prescriptions.

Member States are also encouraged to cooperate in the treatment of rare diseases through the development of diagnostic and treatments methods. The Orphanet database and European networks can be used in this respect.

E-health systems or services also enable the provision of cross-border care. This Directive provides for the establishment of a network of national authorities responsible for ‘e-health’ with the aim of improving the continuity of care and guaranteeing access to high quality healthcare.

Lastly, the creation of a network of authorities or bodies responsible for evaluating health technologies will facilitate cooperation between the national competent authorities in this field.

Context

This Directive is in line with the Court of Justice jurisprudence following the Kohll and Decker judgement delivered on 28 April 1998 and which established the right of patients to be reimbursed for medical treatment in a Member State other than their own. It does not bring into question the Regulation principles on the coordination of social security systems, in particular the principles regarding equality between resident and non-resident patients of a Member State and the European Health Insurance Card.

Key terms of the act
  • Cross-border healthcare: healthcare provided or prescribed in a Member State other than the Member State of affiliation.
  • Member State of affiliation: the Member State where the patient is an insured person.
  • Member State of treatment: the Member State on whose territory cross-border healthcare is actually provided.
  • Care that may be subject to prior authorisation: 1. Care which is subject to planning and requires: (a) either overnight hospital accommodation of at least one night, or (b) that requires the use of highly specialised and cost-intensive medical infrastructure or medical equipment; 2. involves treatments presenting a particular risk for the patient or the population; 3. is provided by a healthcare provider that could give rise to serious and specific concerns relating to the quality or safety of the care.
  • Reasons for refusal to grant authorisation: 1. In the case of patient-safety risk; 2. In the case of a safety risk to the general public; 3. When there are serious and specific concerns relating to the healthcare provider regarding the respect of standards on quality of care and patient safety; 4. when this healthcare can be provided on its territory within a time limit which is medically justifiable.

Reference

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2011/24/EU

24.4.2011

25.10.2013

OJ L 88, 4.4.2011