Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union Text with EEA relevance - Main contents
27.5.2011 EN Official Journal of the European Union L 141/1
I
(Legislative acts)
REGULATION (EU) No 492/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 5 April 2011
on freedom of movement for workers within the Union (codification)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, |
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 46 thereof, regards employment, remuneration and other conditions of work and employment, as well as the right of such workers to move freely within the Union in order to pursue activities as employed persons subject to any limitations justified on grounds of public policy, public security or public health. |
Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, |
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Having regard to the opinion of the European Economic and Social Committee ('),
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
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(4)Freedom of movement constitutes a fundamental right of workers and their families. Mobility of labour within the Union must be one of the means by which workers are guaranteed the possibility of improving their living and working conditions and promoting their social advancement, while helping to satisfy the requirements of the economies of the Member States. The right of all workers in the Member States to pursue the activity of their choice within the Union should be affirmed.
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21 March 2011.
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Article 3
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(a) where they limit application for and offers of employment, or the right of foreign nationals to take up and pursue employment or subject these to conditions not applicable in respect of their own nationals; or (b) where, though applicable irrespective of nationality, their exclusive or principal aim or effect is to keep nationals of other Member States away from the employment offered. The first subparagraph shall not apply to conditions relating to linguistic knowledge required by reason of the nature of the post to be filled.
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HAVE ADOPTED THIS REGULATION: CHAPTER I EMPLOYMENT, EQUAL TREATMENT AND WORKERS’ FAMILIES SECTION 1 Eligibility for employment Article 1
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(a) prescribe a special recruitment procedure for foreign nationals; (b) limit or restrict the advertising of vacancies in the press or through any other medium or subject it to conditions other than those applicable in respect of employers pursuing their activities in the territory of that Member State; (c) subject eligibility for employment to conditions of registration with employment offices or impede recruitment of individual workers, where persons who do not reside in the territory of that State are concerned. Article 4
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Article 2 Any national of a Member State and any employer pursuing an activity in the territory of a Member State may exchange their applications for and offers of employment, and may conclude and perform contracts of employment in accordance with the provisions in force laid down by law, regulation or administrative action, without any discrimination resulting therefrom. |
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The Member States shall notify the Commission of any change in the designation of such services and the Commission shall publish details thereof for information in the Official Journal of the European Union. Article 12
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(d) information, by region and by branch of activity, on applicants who have declared themselves actually willing to accept employment in another country. The specialist service of each Member State shall forward this information to the appropriate employment services and agencies as soon as possible.
This system may be adapted if necessary. |
The specialist services of the other Member States shall ensure that wide publicity is given to such information, in particular by circulating it among the appropriate employment services and by all suitable means of communication for informing the workers concerned. |
Article 14
Such services shall forward to the services of the first Member State the details of suitable applications.
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SECTION 2 Machinery for vacancy clearance Article 13
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Article 15
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(a) details of vacancies which could be filled by nationals of other Member States; |
(a) the regional employment services of the Member States shall: |
(b) details of vacancies addressed to third countries;
(c) details of applications for employment by those who have formally expressed a wish to work in another Member State; |
(i) on the basis of the information referred to in Article 13, on which appropriate action will be taken, directly bring together and clear vacancies and applications for employment; |
(ii) establish direct relations for clearance: — of vacancies offered to a named worker, — of individual applications for employment sent either to a specific employment service or to an employer pursuing his activity within the area covered by such a service, — where the clearing operations concern seasonal workers who must be recruited as quickly as possible; (b) the services territorially responsible for the border regions of two or more Member States shall regularly exchange data relating to vacancies and applications for employment in their area and, acting in accordance with their arrangements with the other employment services of their countries, shall directly bring together and clear vacancies and applications for employment. If necessary, the services territorially responsible for border regions shall also set up cooperation and service structures to provide: — users with as much practical information as possible on the various aspects of mobility, and — management and labour, social services (in particular public, private or those of public interest) and all institutions concerned, with a framework of coordinated measures relating to mobility, (c) official employment services which specialise in certain occupations or specific categories of persons shall cooperate directly with each other.
Article 16 Adoption of recruiting procedures as applied by the implementing bodies provided for under agreements concluded between two or more Member States shall not be obligatory. SECTION 3 Measures for controlling the balance of the labour market Article 17 |
SECTION 4 European Coordination Office Article 18 The European Office for Coordinating the Clearance of Vacancies and Applications for Employment (‘the European Coordination Office’), established within the Commission, shall have the general task of promoting vacancy clearance at Union level. It shall be responsible in particular for all the technical duties in this field which, under the provisions of this Regulation, are assigned to the Commission, and especially for assisting the national employment services. It shall summarise the information referred to in Articles 12 and 13 and the data arising out of the studies and research carried out pursuant to Article 11, so as to bring to light any useful facts about foreseeable developments on the Union labour market; such facts shall be communicated to the specialist services of the Member States and to the Advisory Committee referred to in Article 21 and the Technical Committee. Article 19
(a) coordinating the practical measures necessary for vacancy clearance at Union level and for analysing the resulting movements of workers; (b) contributing to such objectives by implementing, in cooperation with the Technical Committee, joint methods of action at administrative and technical levels; |
(c) carrying out, where a special need arises, and in agreement with the specialist services, the bringing together of vacancies and applications for employment for clearance by those specialist services.
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on questions of principle, in particular on exchange of information concerning developments in the labour market, on the movement of workers between Member States, on programmes or measures to develop vocational guidance and vocational training which are likely to increase the possibilities of freedom of movement and employment, and on all forms of assistance to workers and their families, including social assistance and the housing of workers. |
Article 20 The Commission may, in agreement with the competent authority of each Member State, and in accordance with the conditions and procedures which it shall determine on the basis of the opinion of the Technical Committee, organise visits and assignments for officials of other Member States, and also advanced programmes for specialist personnel. |
Article 23
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CHAPTER III COMMITTEES FOR ENSURING CLOSE COOPERATION BETWEEN THE MEMBER STATES IN MATTERS CONCERNING THE FREEDOM OF MOVEMENT OF WORKERS AND THEIR EMPLOYMENT SECTION 1 The Advisory Committee Article 21 The Advisory Committee shall be responsible for assisting the Commission in the examination of any questions arising from the application of the Treaty on the Functioning of the European Union and measures taken in pursuance thereof, in matters concerning the freedom of movement of workers and their employment. |
On expiry of their term of office, the members and their alternates shall remain in office until replaced or until their appointments are renewed. Article 24 The members of the Advisory Committee and their alternates shall be appointed by the Council, which shall endeavour, when selecting representatives of trade unions and employers’ associations, to achieve adequate representation on the Committee of the various economic sectors concerned. |
Article 22 The Advisory Committee shall be responsible in particular for: |
The list of members and their alternates shall be published by the Council for information in the Official Journal of the European Union. |
(a) examining problems concerning freedom of movement and employment within the framework of national manpower policies, with a view to coordinating the employment policies of the Member States at Union level, thus contributing to the development of the economies and to an improved balance of the labour market; |
Article 25 The Advisory Committee shall be chaired by a member of the Commission or his representative. The Chairman shall not vote. The Committee shall meet at least twice a year. It shall be convened by its Chairman, either on his own initiative, or at the request of at least one third of the members. |
(b) making a general study of the effects of implementing this Regulation and any supplementary measures; |
Secretarial services shall be provided for the Committee by the Commission. |
(c) submitting to the Commission any reasoned proposals for revising this Regulation; (d) delivering, either at the request of the Commission or on its own initiative, reasoned opinions on general questions or |
Article 26 The Chairman may invite individuals or representatives of bodies with wide experience in the field of employment or movement of workers to take part in meetings as observers or as experts. The Chairman may be assisted by expert advisers. |
Article 27
Article 28 The Advisory Committee shall establish its working methods by rules of procedure which shall enter into force after the Council, having received an opinion from the Commission, has given its approval. The entry into force of any amendment that the Committee decides to make thereto shall be subject to the same procedure. SECTION 2 The Technical Committee Article 29 The Technical Committee shall be responsible for assisting the Commission in the preparation, promotion and follow-up of all technical work and measures for giving effect to this Regulation and any supplementary measures. Article 30 The Technical Committee shall be responsible in particular for: (a) promoting and advancing cooperation between the public authorities concerned in the Member States on all technical questions relating to freedom of movement of workers and their employment; (b) formulating procedures for the organisation of the joint activities of the public authorities concerned; (c) facilitating the gathering of information likely to be of use to the Commission and the undertaking of the studies and research provided for in this Regulation, and encouraging exchange of information and experience between the administrative bodies concerned; (d) investigating at a technical level the harmonisation of the criteria by which Member States assess the state of their labour markets. Article 31
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Article 32 The Technical Committee shall be chaired by a member of the Commission or his representative. The Chairman shall not vote. The Chairman and the members of the Committee may be assisted by expert advisers. Secretarial services shall be provided for the Committee by the Commission. Article 33 The proposals and opinions formulated by the Technical Committee shall be submitted to the Commission, and the Advisory Committee shall be informed thereof. Any such proposals and opinions shall be accompanied by a written statement of the views expressed by the various members of the Technical Committee, when the latter so request. Article 34 The Technical Committee shall establish its working methods by rules of procedure which shall enter into force after the Council, having received an opinion from the Commission, has given its approval. The entry into force of any amendment which the Committee decides to make thereto shall be subject to the same procedure. CHAPTER IV Article 35 The rules of procedure of the Advisory Committee and of the Technical Committee in force on 8 November 1968 shall continue to apply. Article 36
Nevertheless, this Regulation shall apply to the category of workers referred to in the first subparagraph and to members of their families in so far as their legal position is not governed by the above-mentioned Treaty or measures.
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Workers from such countries or territories who, in accordance with this provision, are pursuing activities as employed persons in the territory of one of those Member States may not invoke the benefit of the provisions of this Regulation in the territory of the other Member States. Article 37 Member States shall, for information purposes, communicate to the Commission the texts of agreements, conventions or arrangements concluded between them in the manpower field between the date of their being signed and that of their entry into force. Article 38 The Commission shall adopt measures pursuant to this Regulation for its implementation. To this end it shall act in close cooperation with the central public authorities of the Member States. |
Article 39 The administrative expenditure of the Advisory Committee and of the Technical Committee shall be included in the general budget of the European Union in the section relating to the Commission. Article 40 This Regulation shall apply to the Member States and to their nationals, without prejudice to Articles 2 and 3. Article 41 Regulation (EEC) No 1612/68 is hereby repealed. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II. Article 42 This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union. |
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 5 April 2011.
For the Council The President GYORI E.
For the European Parliament The President
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J.BUZEK
ANNEX I
REPEALED REGULATION WITH LIST OF ITS SUCCESSIVE AMENDMENTS
Council Regulation (EEC) No 1612/68 (OJ L 257, 19.10.1968, p. 2)
Council Regulation (EEC) No 312/76 (OJ L 39, 14.2.1976, p. 2)
Council Regulation (EEC) No 2434/92 (OJ L 245, 26.8.1992, p. 1)
Directive 2004/38/EC of the European Parliament and of the Council Only Article 38(1)
(OJ L 158, 30.4.2004, p. 77)
ANNEX II
Correlation Table
Regulation (EEC) No 1612/68 |
This Regulation |
Part I |
Chapter I |
Title I |
Section 1 |
Article 1 |
Article 1 |
Article 2 |
Article 2 |
Article 3(1), first subparagraph |
Article 3(1), first subparagraph |
Article 3(1), first subparagraph, first indent |
Article 3(1), first subparagraph, point (a) |
Article 3(1), first subparagraph, second indent |
Article 3(1), first subparagraph, point (b) |
Article 3(1), second subparagraph |
Article 3(1), second subparagraph |
Article 3(2) |
Article 3(2) |
Article 4 |
Article 4 |
Article 5 |
Article 5 |
Article 6 |
Article 6 |
Title II |
Section 2 |
Article 7 |
Article 7 |
Article 8(1) |
Article 8 |
Article 9 |
Article 9 |
Title III |
Section 3 |
Article 12 |
Article 10 |
Part II |
Chapter II |
Title I |
Section 1 |
Article 13 |
Article 11 |
Article 14 |
Article 12 |
Title II |
Section 2 |
Article 15 |
Article 13 |
Article 16 |
Article 14 |
Article 17 |
Article 15 |
Article 18 |
Article 16 |
Title III |
Section 3 |
Regulation (EEC) No 1612/68 |
This Regulation |
Article 19 |
Article 17 |
Title IV |
Section 4 |
Article 21 |
Article 18 |
Article 22 |
Article 19 |
Article 23 |
Article 20 |
Part III |
Chapter III |
Title I |
Section 1 |
Article 24 |
Article 21 |
Article 25 |
Article 22 |
Article 26 |
Article 23 |
Article 27 |
Article 24 |
Article 28 |
Article 25 |
Article 29 |
Article 26 |
Article 30 |
Article 27 |
Article 31 |
Article 28 |
Title II |
Section 2 |
Article 32 |
Article 29 |
Article 33 |
Article 30 |
Article 34 |
Article 31 |
Article 35 |
Article 32 |
Article 36 |
Article 33 |
Article 37 |
Article 34 |
Part IV |
Chapter IV |
Title I |
— |
Article 38 |
— |
Article 39 |
Article 35 |
Article 40 |
— |
Article 41 |
— |
Title II |
— |
Article 42(1) |
Article 36(1) |
Regulation (EEC) No 1612/68 |
This Regulation |
Article 42(2) |
Article 36(2) |
Article 42(3), first subparagraph, first and second indents |
Article 36(3), first subparagraph |
Article 42(3), second subparagraph |
Article 36(3), second subparagraph |
Article 43 |
Article 37 |
Article 44 |
Article 38 |
Article 45 |
— |
Article 46 |
Article 39 |
Article 47 |
Article 40 |
— |
Article 41 |
Article 48 |
Article 42 |
— |
Annex I |
— |
Annex II |
workers within the Community (3) has been substantially
Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for
amended several times (4). In the interests of clarity and
rationality the said Regulation should be codified.
He shall, in particular, have the right to take up available employment in the territory of another Member State with the same priority as nationals of that State.
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