Tag Archives: Free movement of workers

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

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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.

Living and working in the internal market

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Living and working in the internal market

Outline of the Community (European Union) legislation about Living and working in the internal market

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

Living and working in the internal market

The free movement of persons is one of the fundamental principles guaranteed by the European Union (EU). Any EU resident has the right to travel, live, study, work, become established or provide a service in another Member State without being subject to nationality-based discrimination. The EU works towards making freedom of movement effective and simple within its borders, in particular concerning social security schemes.
The counterpart of the free movement of persons is an external border policy which is designed to guarantee an area of freedom, security and justice and covers the entry and stay of non-Europeans.

Free movement of workers

Free movement of workers: taking stock of their rights
Free movement of workers: general provisions
Right of Union citizens and their family members to move and reside freely within the territory of the Member States
Achieving the full benefits and potential of free movement of workers

Skills and mobility

System for the recognition of professional qualifications
Lawyers: freedom of establishment
European Qualifications Framework
EUROPASS – Serving citizen mobility
EURES: the European Employment and Job Mobility Network
European Job Mobility Action Plan (2007-2010)
Action plan for skills and mobility
European Year of Workers’ Mobility (2006)

Social Protection

Coordination of social security systems
European health insurance card
Combating social security fraud and undeclared work (Code of conduct)
Tackling tax obstacles to the cross-border provision of occupational pensions
Workers’ mobility: facilitating the acquisition and preservation of supplementary pension rights
Safeguarding supplementary pension rights

Nationals of non-EU member countries

Entry and residence of highly qualified workers (EU Blue Card)
Admission and residence of researchers from third countries
Conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service
Sanctions against the employment of illegally staying non-EU nationals
Policy plan on legal migration
Limitations on the admission of third-country nationals for employment
Limitations on the admission of third-country nationals for the purpose of pursuing activities as self-employed persons
Agreement with the Swiss Federation: free movement of persons
Agreement on the European Economic Area

Free movement of workers: general provisions

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Free movement of workers: general provisions

Outline of the Community (European Union) legislation about Free movement of workers: general provisions

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: general provisions

Document or Iniciative

Council Regulation (EEC) No 492/2011 of 15 October 1968 on the free movement of workers within the Community (Text with EEA relevance).

Summary

Any person from a European Union (EU) Member State has the right to take up gainful employment on the territory of another Member State.

Similarly, an employer is free to circulate vacancies, and conclude and perform employment contracts with European citizens from other Member States.

3. No national legislation may limit offers of, access to, and pursuance of employment by European citizens from other Member States, except if related to the linguistic knowledge required by reason of the nature of the post.

Similarly, the Directive forbids any provision which subjects European citizens from other Member States to:

special recruitment procedures;
limits on the advertising of vacancies;
special conditions related to assistance in finding employment and registering with employment offices.

Exercising an occupation and equal treatment

The Regulation prohibits any discrimination between national workers and those from another Member State concerning:

working and employment conditions (dismissal, remuneration and reintegration into the workplace);
social and tax advantages;
vocational education and retraining;
collective or individual agreements;
membership to trade unions and the exercise of rights attaching thereto.

Workers’ families

The children of a European worker who is or has been employed in another Member State shall be admitted to that State’s general educational, apprenticeship and vocational training courses under the same conditions as the nationals of that State. All measures must be taken to ensure their education proceeds under the best possible conditions.

Clearance of vacancies and applications for employment

Member States cooperate and exchange information with each other concerning any study of employment, the labour market and the free movement of workers in the EU.

In addition, each Member State shall establish specialist services for the employment of workers from other European countries, in order to deal with vacancies and applications which may be targeted at them.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EU) No 492/2011	16.6.2011	–	OJ L 141, 27.5.2011

Tackling tax obstacles to the cross-border provision of occupational pensions

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Tackling tax obstacles to the cross-border provision of occupational pensions

Outline of the Community (European Union) legislation about Tackling tax obstacles to the cross-border provision of occupational pensions

Topics

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

Internal market > Single market for capital

Tackling tax obstacles to the cross-border provision of occupational pensions

Document or Iniciative

Communication from the Commission to the Council, to the European Parliament and to the European Economic and Social Committee, of 19 April 2001, entitled, “The elimination of tax obstacles to the cross-border provision of occupational pensions” [COM(2001) 214 final – Not published in the Official Journal].

Summary

Through this communication the Commission:

seeks a coordinated approach adapted to the diversity of Member States’ rules rather than attempting to achieve harmonisation;
calls for the elimination of unduly restrictive or discriminatory tax rules;
presents measures to safeguard Member States’ tax revenues.

To do this, the Commission proposes to monitor Member States’ national rules in this field and take the necessary steps to ensure their compliance with the EC Treaty, in particular with the rules on non-discrimination. It reserves the right to initiate legal action against any Member State failing to comply with the rules.

The Commission also proposes adopting measures to maintain the tax revenues of Member States for the cross-border provision of pensions. It further proposes a coordinated approach to eliminating the tax obstacles, in particular double taxation, which result from the different taxation systems for occupational pensions in the Member States.

Application of the EC Treaty rules

The Commission notes that the EC Treaty rules on the free movement of capital, labour and services must be applied in the area of cross-border pension provision. Member States are consequently required to eliminate all discrimination against occupational schemes established in other Member States.

Discrimination means privileged treatment of domestic schemes, in particular more favourable rules on deductibility of contributions or taxation of benefits.

The Commission accordingly intends to examine the compliance of the relevant national rules with the fundamental freedoms of the EC Treaty and, where necessary, to bring cases before the Court of Justice so as to allow the emergence of a fully functioning single market for occupational pensions.

Exchange of information

A Community legislative framework for information exchange already exists, in particular under the Directive on mutual assistance between Member States in the field of direct taxation. In the interests of better coordination between Member States on the collection of taxes applicable to cross-border pensions, the Commission recommends that Member States agree on an automatic exchange of information on occupational pensions.

The Council has already decided upon the principle of automatic information exchange in the area of taxation of savings income. The extension of that principle to pensions will help prevent distortions by ensuring the same level of information exchange for comparable products.

Mismatch of tax systems

Different Member States have different rules in terms of whether they tax or exempt pension contributions, investment income and capital gains of the pension institution, and pension benefits. These differences can create problems where employees spend their working careers in one Member State but retire to another. Pensions are sometimes taxed, for example, even though the contributions are not tax deductible or the pension is not taxed even though the contributions are deductible.

Concerning problems of double taxation and non-taxation arising from the mismatch of tax systems, the Commission recommends wider application of the “EET system” (Exempt contributions, Exempt investment income and capital gains of the pension institution, Taxed benefits) already applied in eleven Member States, entailing the deductibility of pension contributions and investment income coupled with the taxation of benefits, together with better coordination of Member States’ taxation rules.

The Commission acknowledges that completely uniform rules for occupational pensions will not be easy to achieve while the reliance on social security and occupational pension schemes varies so significantly from one Member State to another.

The Commission therefore explores how double taxation and double non-taxation problems can be addressed by better coordination of Member States’ taxation rules.

Solutions could include unilateral tax relief, bilateral agreements or a multilateral convention or coordinating measures at European Union level.

Background

Pensions are an issue of universal concern: for individual citizens who want adequate provision for their retirement; for employers who seek cost-effective pension provision for their employees and for governments who, throughout the Union, are seeking to maintain adequate pension provision in the face of ageing populations.

The potential benefits of better cross-border pension provision are substantial. At present citizens who take up employment or residence outside their home State are often unable to remain in their existing occupational pension schemes. The number of European citizens aged 15 years and over residing in a Member State other than their Member State of origin is increasing, and enlargement of the Union will contribute further to this trend. Impediments to cross-border pension provision may also prevent European businesses from choosing the most efficient way of providing pensions for their employees by centralising their pension provision.

At the Stockholm European Council of 23 and 24 March 2001, as part of the new strategy to open up pan-European labour markets, the Commission promised an initiative in the tax field to complement the Directive on occupational retirement provision that would facilitate cross-border pension provision and investment.

Safeguarding supplementary pension rights

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Safeguarding supplementary pension rights

Outline of the Community (European Union) legislation about Safeguarding supplementary pension rights

Topics

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

Safeguarding supplementary pension rights

Document or Iniciative

Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community.

Summary

This Directive applies to members of supplementary pension schemes and others holding entitlement under such schemes who have acquired or are in the process of acquiring rights in one or more Member States.

This Directive provides for four main measures to safeguard the supplementary pension rights of workers moving within the Community:

Equality of treatment as regards preservation of pension rights

Member States must, for persons who have left a supplementary pension scheme as a consequence of going to work in another Member State, take the necessary measures to ensure the preservation of vested pension rights to the same extent as for persons in respect of whom contributions are no longer being made but who remain within the same Member State.

Cross-border payments

Member States shall ensure that supplementary pension schemes make payment in other Member States, net of any taxes and transaction charges, of all benefits due under these supplementary schemes.

Posted workers and supplementary pensions

Posted workers have the option of remaining within the pension scheme in their country of origin during the period of posting in another Member State. Posted workers and, where applicable, their employers are thus exempted from any obligation to make contributions to a supplementary pension scheme in another Member State.

Information to scheme members

Employers, trustees or others responsible for the management of supplementary pension schemes shall provide adequate information to scheme members, when they move to another Member State, as to their pension rights and the choices which are available to them under the scheme.

Background

While coordination of social security schemes allows migrant workers to fully preserve their accrued statutory pension rights, the portability of supplementary pensions (both occupational schemes and group insurance contracts) still needs to be improved.

In a Communication in 1991, the Commission opened the debate on supplementary pensions and gave a high-level group the task of identifying obstacles to the free movement of workers. The group concluded that legislative measures were needed but that these should be restricted to the following three areas:

preservation of vested rights;
cross-border payments;
easier access for posted workers.

The Commission continued the discussions with all bodies involved in relation to the Green Paper on supplementary pensions published in June 1997 and confirmed the need for an act covering the aspects set out in this Directive.

Key terms used in the act
‘Supplementary pension’ means retirement pensions and, where provided for by the rules of a supplementary pension scheme established in conformity with national legislation and practice, invalidity and survivors’ benefits, intended to supplement or replace those provided in respect of the same contingencies by statutory social security schemes. ‘Supplementary pension scheme’ means any occupational pension scheme established in conformity with national legislation and practice such as a group insurance contract or pay-as-you-go scheme agreed by one or more branches or sectors, funded scheme or pension promise backed by book reserves, or any collective or other comparable arrangement intended to provide a supplementary pension for employed or self-employed persons.

Key terms used in the act

‘Supplementary pension’ means retirement pensions and, where provided for by the rules of a supplementary pension scheme established in conformity with national legislation and practice, invalidity and survivors’ benefits, intended to supplement or replace those provided in respect of the same contingencies by statutory social security schemes.
‘Supplementary pension scheme’ means any occupational pension scheme established in conformity with national legislation and practice such as a group insurance contract or pay-as-you-go scheme agreed by one or more branches or sectors, funded scheme or pension promise backed by book reserves, or any collective or other comparable arrangement intended to provide a supplementary pension for employed or self-employed persons.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 98/49/EC	25.7.1998	25.1.2002 25.5.2001 Article 6	OJ L 209 of 25.7.1998

Related Acts

Green Paper of 7 July 2010 towards adequate, sustainable and safe European pension systems [COM(2010) 365 final – Not published in the Official Journal].

Amended proposal for a Directive of the European Parliament and of the Council on minimum requirements for enhancing worker mobility by improving the acquisition and preservation of supplementary pension rights [COM(2007) 603 final – Not published in the Official Journal].

Achieving the full benefits and potential of free movement of workers

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Achieving the full benefits and potential of free movement of workers

Outline of the Community (European Union) legislation about Achieving the full benefits and potential of free movement of workers

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

Achieving the full benefits and potential of free movement of workers

Document or Iniciative

Communication from the Commission of 11 December 2002 – Free movement of workers: achieving the full benefits and potential [COM(2002) 694 final – Not published in the Official Journal].

Summary

Citizens who exercise their right to free movement of workers * within the European Union, which is a fundamental freedom under Community law, are contributing to the creation of a genuine European labour market.

However, practical, administrative and legal obstacles remain, preventing workers from taking full advantage of the benefits and potential of geographical mobility.

In this Communication, the Commission outlines the current state of Community law on the free movement of workers, with a view to clarifying its complex, technical legislative framework and the considerable case law of the European Court of Justice (ECJ) in this area. It identifies a number of recurring difficulties in four distinct but interrelated areas.

Free movement of workers

Any national of a Member State has the right to work in another Member State.

Community law on free movement of workers applies whenever a national of an EU Member State exercises his right to mobility, even if he has returned to his Member State of origin after exercising his right to free movement of workers.

The family members * of an EU citizen who is a migrant worker, irrespective of their nationality – i.e. including third country nationals – are entitled to reside with him. In addition, children of migrant workers are entitled to access to education in the host Member State, irrespective of their nationality.

The right of residence is an integral part of free movement of workers. Under current Community law, Member States must issue a residence permit to a migrant worker on the basis of his identity card or passport and proof of employment alone. Under no circumstances may an EU citizen’s access to employment be made conditional upon obtaining a residence permit.

It follows from the Community principle of non-discrimination on the grounds of nationality that migrant workers must be treated in the same way as national workers with regard to access to employment, conditions of employment and work and social and fiscal advantages.

On occasion, access to employment may be conditional upon linguistic requirements, provided they are reasonable and justified. Moreover, while a very good command of a particular language may be justifiable for certain jobs, a requirement for that language to be the worker’s mother tongue is not acceptable.

Under the system of mutual recognition of qualifications, a Community citizen who is fully qualified in one Member State is entitled to exercise a regulated profession * in another Member State. Depending on the activity in question and the training completed, recognition will be either automatic or preceded by a period of adaptation or an aptitude test.

Social security

To facilitate the exercise of the right to free movement, migrant Community nationals must not suffer disadvantages in their social security rights.

Regulation (EEC) No 1408/71 establishes a system for coordinating social security systems. It lays down common rules aimed at ensuring that the various national social security systems are not applied in such a way that they discriminate against persons who are exercising their right to free movement. Community law has never sought to harmonise the field of social security, and the Member States have therefore retained their competences with regard to the organisation of their respective social security systems.

As a general rule, social security benefits are paid regardless of the beneficiary’s Member State of residence. Special non-contributory benefits represent an exception to this rule. These benefits are paid only in the Member States in which such benefits are provided. As a result, they cannot be exported, but a migrant EU citizen is entitled to the benefits provided by the host Member State. To satisfy the conditions for non-exportability, a benefit must be special and non-contributory. The ECJ has ruled that a benefit is special when it is closely linked to the social environment of the Member State in question (benefits related to the prevention of poverty or to care for the disabled).

Regulation (EEC) No 1408/71 also lays down the conditions for access to health care for people moving within the European Union. Depending on personal status and/or type of stay, EU citizens are entitled to immediately necessary care, to care which becomes necessary, or to all sickness benefits in kind in a Member State other than the one in which they are insured against sickness as if they were insured there, but at the expense of the institution of insurance. For persons wishing to go to another Member State specifically to obtain treatment, the costs of such treatment will, under the co-ordination system set up by Regulation (EEC) No 1408/71, only be covered by the Member State in which they are insured if they received prior authorisation. However, the Court has held that, in the light of other fundamental freedoms, such as the free movement of goods and the freedom to provide services, such prior authorisation, if not justified, could be regarded as an infringement of these fundamental freedoms. It follows that, under certain conditions, patients may apply for reimbursement of medical costs incurred in connection with health care received in another Member State, even in the absence of prior authorisation.

Finally, determination of the Member State whose social security legislation is applicable is based on two basic principles: a person is subject to the legislation of only one Member State at a time and is normally covered by the legislation of the Member State where he or she engages in occupational activity.

The complex nature of Regulation (EEC) No 1408/71 does, however, make it difficult to apply. For this reason, it is currently being revised.

Frontier workers

As they divide their time between two Member States, frontier workers * are often faced with practical problems related not only to social security and social advantages but also to income taxation and retirement. In principle, frontier workers enjoy all the benefits available to migrant workers in the Member State of employment, but some Member States impose residence conditions for entitlement to social advantages. Frontier workers are entitled to unemployment benefit in the Member State of residence rather than the Member State of employment. They may choose the Member State in which to obtain health care, but when they retire, this choice between Member State of employment and Member State of residence disappears.

Context

The legal texts which form the basis for the free movement of workers date back to the 1960s. They have since been supplemented by the Community institutions and, in particular, the case law of the ECJ.

Key terms used in the act
Worker: a person who undertakes genuine work under the direction of someone else, for which he is paid. Family members: the spouse of the worker, his/her descendants who are under the age of 21 or are dependant, and dependant relatives in the ascending line. The term “spouse” means married partner and does not cover cohabiting partners. Regulated profession: a profession that cannot be practised without certain specified vocational qualifications Frontier worker: a person who lives in one Member State and works in another.

Key terms used in the act

Worker: a person who undertakes genuine work under the direction of someone else, for which he is paid.
Family members: the spouse of the worker, his/her descendants who are under the age of 21 or are dependant, and dependant relatives in the ascending line. The term “spouse” means married partner and does not cover cohabiting partners.
Regulated profession: a profession that cannot be practised without certain specified vocational qualifications
Frontier worker: a person who lives in one Member State and works in another.

Related Acts

Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC . [Official Journal L 158 of 30.04.2004].

This Directive is a partial response to some of the problems raised in the Communication. It makes the framework of legislation on freedom of movement for workers, which is both technical and complex, more accessible by combining into a single instrument provisions that are currently scattered among several different directives. It also provides a more precise definition of the concept of family member of a Union citizen and simplifies the formalities involved in exercising the right of stay.

Reassessing the regulatory social framework for more and better seafaring jobs in the EU

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Reassessing the regulatory social framework for more and better seafaring jobs in the EU

Outline of the Community (European Union) legislation about Reassessing the regulatory social framework for more and better seafaring jobs in the EU

Topics

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

Reassessing the regulatory social framework for more and better seafaring jobs in the EU

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and Committee of the Regions of 10 October 2007, entitled Reassessing the regulatory social framework for more and better seafaring jobs in the EU (first phase consultation of the social partners at Community level provided for in Article 138(2) of the Treaty) [COM(2007) 591 final – Not published in the Official Journal].

Summary

The maritime sector is currently developing in a highly globalised context, and there is an already extensive body of international conventions and standards applicable to it.

The European Union (EU) strongly supports efforts and initiatives aimed at strengthening international rules, such as the conventions of the International Labour Organization (ILO) on maritime labour (2006) and on work in fishing (2007).

The Commission is seeking to promote ratification (authorised by Council Decision 2007/431/EC) and enforcement of these international standards with a view to completing EU internal and external policies.

European social legislation

EU social regulations make provision for a number of exclusions or derogations affecting workers in maritime professions. Four situations exist, namely:

non-exclusion (lack of specific provisions in general instruments);
specific legislation or general instruments containing specific provisions;
the possibility for Member States to introduce exclusions in their national legislation when transposing general directives. This situation concerns Directives 2002/74/EC, 94/45/EC and 2002/14/EC;
exclusion from the scope of application. This is the case of Directives 98/59/EC, 2001/23/EC and 96/71/EC.

As regards the latter two categories, the Commission is calling for a more detailed analysis, and concludes that certain exclusions might not be totally justified insofar as they make no contribution to the application of specific solutions that are better adapted to the workers’ concrete situation. Where sufficiently strong reasons exist to maintain the existing exclusions or derogations, consideration should be given to whether specific EU legislation for the sector would be a better solution. Such a solution should guarantee to seafaring professions the same level of protection as that enjoyed by other workers under the general directive. In that case, the particular legal conditions applying in the Member States need to be examined in order to make sure that the seagoing professions enjoy adequate levels of protection. Such an examination is relevant particularly in the case of conditional exclusions, which oblige Member States to establish more specific regulations or alternative guarantees, ensuring the same level of protection.

Health and Safety

Generally speaking, in EU legislation, those in the seafaring professions enjoy the same levels of protection in terms of health and safety as workers in other sectors. Furthermore, directives specific to the sector supplement the general directives, such as the directive concerning the minimum safety and health requirements for work on board fishing vessels. This latter directive applies only to fishing vessels with a length between perpendiculars of 15 m or over. Therefore, the Commission is promoting the development of non-restrictive tools (good practices) aimed at improving practical implementation of existing Community legislation on the protection of health and safety of fishermen on board small fishing vessels.

Free movement of workers and coordination of social security

According to case-law, the provisions of the EC Treaty on the free movement of workers are also applicable to maritime transport. On the one hand, as regards coordination of social security schemes, Community legislation provides that workers and members of their families do not lose their social security protection when moving within the Community. This also applies to third-country workers legally resident in the EU and in a situation that is not confined in all respects within a single Member State.

Role of social dialogue

The social partners have regularly addressed issues relating to the improvement of onboard safety and welfare and are promoting the adoption of a strong European position. They are currently involved in negotiations with a view to reaching a European agreement transposing relevant provisions of the ILO Maritime Labour Convention. A similar approach could be envisaged as far as promoting application of the recent ILO Work in Fishing Convention is concerned.

Within the context of the current consultation process, the Commission invites the social partners in the maritime sector to state their position regarding the issues raised in the Communication.

Background

The Commission has called for a comprehensive maritime policy as part of its strategic objectives for 2005-2009. Current consultations are taking place as an extension of the 2006 Green Paper on future maritime policy. This raised the issue of the exclusion of the maritime sector from certain parts of European social and labour legislation.

EURES: the European Employment and Job Mobility Network

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EURES: the European Employment and Job Mobility Network

Outline of the Community (European Union) legislation about EURES: the European Employment and Job Mobility Network

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

EURES: the European Employment and Job Mobility Network

Document or Iniciative

Commission Decision 8/2003/EC of 23 December 2002 implementing Council Regulation (EEC) No 1612/68 as regards the clearance of vacancies and applications for employment.

Summary

The Commission’s objective is to reinforce and consolidate EURES as a fundamental instrument by networking the employment services of the EEA countries and Switzerland.

The members and partners of EURES are:

the national and local employment services;
the employment services responsible for the cross-border regions;
the other specialised employment services notified to the Commission;
the trade union and employers’ organisations designated by the members.

The activities of the members and partners include:

creation of placement services for jobseekers, including customised services, matching services for workers and employers, and support services for employers wishing to recruit staff in another European country;
dissemination of up-to-date information on living and working conditions and trends on the labour market;
development of cooperation between the employment and social services, the social partners and other institutions concerned at the level of the Member States, the cross-border regions and the various employment sectors;
surveillance and evaluation of obstacles to mobility, including differences in legislation and administrative procedures, skilled labour surpluses and shortages and migration flows.

The members and partners undertake to integrate their vacancy databases into the EURES database and to:

provide the other members and partners with full and up-to-date information about vacancies and applications, the labour market, living and working conditions, obstacles to mobility and any other information required for the creation of a European network. Moreover, they undertake to protect personal data and to provide the necessary infrastructure and services, such as computer terminals;
appoint and train EURES managers and advisers, as well as other service providers. The managers are responsible for the European dimension of the organisation, including the coordination and implementation of EURES activities, the achievement of the objectives, the dissemination of information and representing the member in the EURES working group. The advisers, having received initial training, provide occupational guidance in the area of placements and integrate the EURES services in their own organisations;
evaluate all the EURES activities in terms of quantity, quality and impact and inform the EURES Coordination Office of the results.

Jointly, the members and partners are developing partnerships of the cross-border regions. Pursuing the same activities and objectives, these partnerships are managed by a framework agreement with a term of at least three years which commits the signatories to providing EURES services to the other members. Decisions are made by the steering committee comprising representatives of the members of the partnership.

Administrative coordination is provided by the European Coordination Office (or “EURES Coordination Office”), managed by the European Commission’s Employment, Social Affairs and Equal Opportunities DG. It is also responsible for analysing mobility in Europe, formulating a general approach and monitoring and evaluating EURES activities.

For strategic planning purposes, the Commission consults the High-Level Strategy Group, comprising the heads of the members of the network and chaired by a Commission representative.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 8/2003	10.1.2003	–	OJ L 5, 10.1.2003

Iceland – Internal market

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Iceland – Internal market

Outline of the Community (European Union) legislation about Iceland – Internal market

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

Internal market > Single Market for Goods > Single market for goods: external dimension

Iceland – Internal market

acquis) and, more specifically, the priorities identified jointly by the Commission and the candidate countries in the analytical assessment (or ‘screening’) of the EU’s political and legislative acquis. Each year, the Commission reviews the progress made by candidates and evaluates the efforts required before their accession. This monitoring is the subject of annual reports presented to the Council and the European Parliament.

Document or Iniciative

Commission Report [COM(2011) 666 final – SEC(2011) 1202 final – Not published in the Official Journal].

Summary

The 2011 Report reported that the country has a high level of alignment with the European Union (EU) acquis due to their participation in the European Economic Area. However, further progress must be made in order to complete alignment, particularly concerning the free movement of goods, workers, services and capital.

EUROPEAN UNION ACQUIS (according to the Commission’s words)

The principle of the free movement of goods implies that products must be traded freely from one part of the Union to another. In a number of sectors, this general principle is complemented by a harmonised regulatory framework, following the “old approach” (imposing precise product specifications) or the “new approach” (imposing general product requirements). The harmonised European product legislation, which has to be transposed, represents the largest part of the acquis under this chapter. In addition, sufficient administrative capacity to notify the restrictions to trade and to apply horizontal and procedural measures in areas such as standardisation, certification, accreditation, metrology and market surveillance is essential.

The acquis in respect of the free movement of workers states that citizens of an EU Member State have the right to work in another Member State. EU migrant workers must be treated in the same manner as national workers with regard to working conditions, social benefits and tax allowances. The acquis also provides a mechanism for coordinating national social security provisions for those tax contributors and their families who move to another Member State.

Member States are required to remove all restrictions with regard to the free movement of services. Member States must ensure that the right of establishment and the freedom to provide services anywhere in the EU is not hampered by national legislation. In some sectors, the acquis prescribes harmonised rules which must be respected if the internal market is to function; this concerns mainly the financial sector (banking, insurance, investment services and securities markets). Financial institutions may carry out their activities throughout the European Union according to the principle of ‘home country control’ by opening branches or by providing cross-border services. The acquis also provides harmonised rules for some specific professions (craftsmen, traders, farmers, commercial agents), for certain information society services, and matters relating to personal data protection.

Member States must remove all restrictions on the free movement of capital between themselves, within the European Union, but also with third countries (with some exceptions) and adopt EU rules applicable to cross-border payments and to credit transfers concerning transferable securities. The money laundering and financing of terrorism directives require banks and other economic operators to identify their clients and be aware of certain operations, particularly in the case of cash transactions for high-value items. In order to tackle financial crime, it is essential that administrative and enforcement capacities are put in place, particularly by establishing cooperation between those authorities responsible for surveillance, implementing law and carrying out criminal proceedings.

The acquis on public procurement covers the general principles of transparency, equal treatment, free competition and non-discrimination. In addition, specific Community rules apply to the coordination and granting of public works, supplies and services contracts for traditional contracting entities and specific sectors. The acquis also defines the rules relating to the court procedures and means of action available. Its implementation requires specialised bodies.

The acquis relating to intellectual property rights defines the harmonised rules for the legal protection of copyright and related rights. Specific provisions are applicable to the protection of databases, data processing programmes, topographies of semi-conductors, satellite broadcasting and cable retransmission. In the field of intellectual property rights, the acquis details harmonised rules for the legal protection of trademarks and designs. Other specific provisions apply to biotechnological inventions and to pharmaceutical and phytopharmaceutical products. The acquis also establishes a Community trademark system and a Community design system.

The acquis on company law includes rules applicable to the constitution, registration, merger and division of companies. In the field of financial information, the acquis specifies the rules to be complied with regarding the presentation of consolidated annual accounts and provides simplified rules for small and medium-sized enterprises, in particular. The application of international accounting standards is obligatory for certain entities of public interest. Furthermore, the acquis also includes provisions relating to the approval, professional integrity and independence of persons responsible for legal controls.

The Customs union
acquis consists almost exclusively of legislation which is directly binding on the Member States. It includes the Community’s Customs Code and its implementing provisions; the Combined Nomenclature, Common Customs Tariff and provisions on tariff classification, customs duty relief, duty suspensions and certain tariff quotas; and other provisions such as those on customs control of counterfeit and pirated goods, drugs precursors and the export of cultural goods and on mutual administrative assistance in customs matters and transit. Member States must also have the required implementing capacities, particularly connectivity with the EU’s computerised customs systems. Customs authorities must also have sufficient capacity for implementation and compliance with the specific provisions established in related fields of the acquis, such as foreign trade.

EVALUATION (according to the Commission’s words)

Iceland maintains a high level of alignment with the acquis on the free movement of goods. Further improvement is required concerning horizontal measures and product legislation under the ‘Old Approach’ (which imposes precise product specifications in opposition to the ‘New Approach’ which imposes general specifications which products must meet), particularly in the automobile sector.

Similarly, the country has already achieved a high level of alignment on the free movement of workers. Preparations are continuing to implement the new regulations on the coordination of social security.

Alignment concerning the right of establishment and the freedom to provide services is satisfactory. However, alignment with the Services Directive and transposition of the third postal services directive is not complete. The administrative capacity must be strengthened in order to implement the EU rules and policies effectively. Finally, the country achieved a good level of alignment on financial services, although the reforms remain partially introduced. Implementation of European provisions is incomplete in certain key sectors, such as the insurance and securities sectors, and the monitoring capacity must be improved. The Icesave dispute remains unresolved.

Iceland largely applies the acquis on the free movement of capital, although it is still incomplete due to the large restrictions still applicable to capital. The legal framework has been strengthened, and the administrative capacity of the financial information unit must be improved.

The country achieved a high level of alignment on intellectual property rights and its administrative capacity is appropriate. Measures have been taken to improve the application of provisions.

Implementation of the EU acquis is satisfactory in the field of company law. However, alignment is not yet complete concerning accounting standards and international audit standards.

Customs legislation is largely aligned, although legislative discrepancies still need to be addressed, particularly concerning customs rules, procedures with economic impact, duty free and security aspects. The administrative capacity of the country is insufficient in this field. Lastly, preparations to implement the acquis effectively must be made, particularly concerning the interconnectivity of the European and Icelandic IT customs systems.

Croatia – Internal market

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Croatia – Internal market

Outline of the Community (European Union) legislation about Croatia – Internal market

Topics

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

Internal market > Single Market for Goods > Single market for goods: external dimension

Croatia – Internal market

Document or Iniciative

Commission Report [COM(2010) 660 final – SEC(2010) 1326 – Not published in the Official Journal].

Summary

The 2010 Report presents the improvements made in terms of the free movement of goods, workers, services and capital. These improvements have particularly taken place in coordinating social security systems, the recognition of vocational qualifications, postal services and the protection of intellectual property. Effort is required with regard to product safety, security of payment systems and combating money laundering. Progress has also been made in the development of the Customs Union.

EUROPEAN UNION ACQUIS (according to the Commission’s words)

EVALUATION (according to the Commission’s words)

Good progress has been made in the field of free movement of goods and alignment with the acquis in this chapter is well advanced. However, further efforts are necessary, particularly on conformity assessment, metrology and market surveillance. Croatia needs to complete alignment with the acquis and to strengthen implementation capacity.

Good progress can be reported in the area of free movement of workers, and a satisfactory level of legal alignment has been achieved. Additional efforts are needed to strengthen, in particular, the coordination of social security systems.

Progress has been made in the field of right of establishment and freedom to provide services, in particular on mutual recognition of professional qualifications and on postal services. Overall alignment with the acquis is satisfactory. Increased efforts are required to complete alignment, in particular in the area of mutual recognition of professional qualifications and to transpose the Services Directive. Work on improving administrative capacity needs to be continued.

Further progress has been made in aligning with the acquis in the field of free movement of capital. Continued efforts are needed to complete liberalisation of capital movements and to consolidate the enforcement of anti-money laundering legislation.

Good progress has been made with regard to customs union. Croatia’s customs legislation is aligned with the acquis to a very large extent. Croatia has continued to make progress in the area of IT, notably in interconnectivity. Further progress towards removing the last discrepancies in Croatia’s legislation, implementing the Anti-Corruption Strategy and preparing for IT interconnectivity is required.

Related Acts

Commission Report [COM(2009) 533 final – SEC(2009) 1333 final – Not published in the Official Journal].

Commission Report [COM(2008) 674 final – SEC(2008) 2694 final – Not published in the Official Journal].

The 2008 report highlighted the progress made in the free movement of goods and capital. Freedom of movement for workers was however not yet in line with the Union rules on access to the labour market, whilst obstacles still hampered the right of establishment and freedom to provide services.

Commission Report [COM(2007) 663 final – SEC(2007) 1431 – Not published in the Official Journal].
In its 2007 report, the Commission noted some progress with regard to the free movement of goods, workers, capital and services, and the right of establishment. It advised that efforts to align legislation with the acquis should be continued.

Commission Report [COM(2006) 649 final – Not published in the Official Journal].
The 2006 report stated that limited progress had been made with regard to customs union, public procurement, right of establishment, financial services, intellectual property and the free movement of capital. Croatia would need to invest a lot more effort into aligning its legislation with the Community acquis on the free movement of goods, workers, services and capital.

Commission Report [COM(2005) 561 final – SEC(2005) 1424 – Not published in the Official Journal].
The 2005 report pointed out that, in spite of the efforts made in 2004, there were still several barriers to the free movement of goods in Croatia. There had been very limited progress as regards the free movement of workers, services and capital.

Commission Opinion [COM(2004) 257 final – Not published in the Official Journal].
In its 2004 report, the Commission pointed out that the key elements of the Community acquis covering the free movement of goods were not yet in place. Considerable delays had been noted with respect to the free movement of workers. The Commission considered additional efforts to be urgently required in the area of the free movement of services and capital.