Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-03-13-Speech-1-171"
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"en.20060313.22.1-171"2
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". Mr President, first of all, the Accession Treaty provides for a nuanced approach and clear solutions which allow both the long-term residents directive and the transitional arrangements for the free movement of workers to be applied in full legal compatibility. Let me explain this in detail.
First of all, there is the question of first-time access to the labour market. In such a case the Accession Treaty – during any period in which any old Member State applies transitional measures – provides that it must give preference to nationals of the new Member States over third-country nationals as regards access to the labour market.
The second situation concerns nationals from the new Member States who are already resident in an old Member State. In that case the Accession Treaty again provides that nationals of new Member States who already reside and work in a Member State applying transitional measures must not be treated in a more restrictive way than those from third countries also resident and working in that Member State. This means that where by virtue of the directive, a third-country national has been given long-term status, the Accession Treaty operates so as to ensure that the old Member States must treat citizens from new Member States who are already legally resident and working in the territories at least according to the standards guaranteed in the directive – thus including the right of free access to the labour market.
The same logic also applies in the third situation covered by the directive: movement by long-term residents between Member States. Here the rule is the following: workers from a third country who are long-term residents in a new Member State should not be treated more favourably than nationals of that state. In other words, in the situation of mobility to a second Member State, an old Member State cannot give free access to its labour market to a long-term resident who is a third-country-national if and where the same free access is not given to a national of a new Member State. The same applies to equivalent situations between two old Member States. In both cases of mobility between Member States, if both the national of a new-Member-State and the long-term resident are subject to national measures such as a work permit, Community preference would operate in favour of the national of the new Member State, who is a European citizen.
From the above, it results that the rights provided by the directive can be reconciled with the provisions of the Accession Treaty. There is no need to submit proposals to change the rules, because it is impossible to have less favourable treatment for citizens of the new Member States of Europe.
The Commission agrees, however, that there is a need for better information clarifying the issue to be sent to the Member States and I intend to do this by sending all Member States a letter clearly stating the existing rules."@en1
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