Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-12-14-Speech-3-510-000"
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"en.20111214.32.3-510-000"2
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"Madam President, the free movement of workers is one of the fundamental freedoms, together with the free movement of goods, services and capital. It is a pillar of the single market and, for 50 years, it has contributed to making European integration a success. I know that the free movement of workers and the lifting of the restrictions in place are of significant importance to you and it is also important for the Commission.
At the Employment, Social Policy, Health and Consumer Affairs (EPSCO) Council earlier this month, I encouraged governments to consider with great care, not only in light of the situation of the labour market, but also on the basis of the facts contained in the Commission’s report, whether it is necessary to maintain restrictions on the labour market access of Bulgarian and Romanian workers. I reminded Member States to keep in mind that the transitional arrangements aim at allowing Member States to prepare gradually for the full application of EU law on free movement of workers and not at delaying its application until the very end of the transitional period.
Free movement of workers is one of the fundamental freedoms enshrined in the EU Treaty and a strong symbol for all European citizens.
Apart from the right to work itself, working and living conditions are an important aspect here. Bulgarian and Romanian workers who have been admitted to work in a Member State – even in ones that still apply restrictions – benefit fully from the provisions of EU law on free movement of workers that grant the right to equal treatment with nationals as regards conditions of employment and work, including pay. The labour market and social situation has been analysed in the Commission report as well as in a specific chapter of the Employment and Social Developments in Europe review, a report to be adopted and presented on 15 December.
However, as regards, ‘irregular’ Bulgarian and Romanian workers, the Commission regrets that there is no detailed information or data about their number or social situation, which is precisely due to the hidden character of their presence in other Member States.
In its 2008 and 2011 reports on the functioning of transitional arrangements of Bulgarian and Romanian workers, the Commission has already underlined that the restrictions to free movement of workers do not necessarily have the expected impact of protecting the national labour markets. In some cases, the restrictions can even exacerbate the incidence of undeclared work, leading to undesired social consequences both for undeclared workers and the regular labour force.
The Commission will continue to develop and promote, in relation with the Member States, specific activities to fight undeclared work.
Finally, the Posting of Workers Directive fully applies to Bulgarian and Romanian workers who are posted. It defines the core of mandatory working conditions to be respected in the host country by companies posting workers temporarily to that country, in particular, with respect to maximum work periods and minimum rest periods; minimum paid annual holidays; the minimum rates of pay, and health and safety at work.
The directive thus provides for a significant level of protection of posted workers and avoids that working conditions in the host country are undermined as an effect of competition.
The Commission is currently preparing a legislative proposal which will aim to improve and reinforce the implementation, application and enforcement in practice of the Posting of Workers Directive. It will include measures to prevent and sanction any abuse and circumvention of the applicable rules. The adoption of the proposal is foreseen for February 2012. The incoming Danish Presidency will immediately start negotiations on this proposal.
As you know, the transitional arrangements aim at allowing Member States to prepare gradually for the full application of EU law on the free movement of workers. The transitional arrangements were agreed for a maximum period of seven years, in three phases. Each phase requires more and stronger justification from Member States if they want to maintain the restriction to the free movement of workers. We are approaching the third and final phase of these seven years.
In 2007, ten of the 25 other Member States opened their labour markets for Bulgarian and Romanian workers immediately. By now, this number has increased for Bulgarian workers to 15, and for Romanian workers to 14 Member States. Even in the Member States that still apply restrictions, several apply less strict conditions or simplified procedures in comparison to the conditions and procedures that applied to Bulgarian and Romanian workers prior to joining the EU.
According to the transitional arrangements, a Member State that currently still restricts the free movement of workers can only continue to do so for the final two years of the transitional period if it notifies the Commission before 1 January 2012 of a serious disturbance of its labour market, or a threat thereof. This restriction can last until 31 December 2013 at the very latest.
However, the transitional arrangements do not define what a serious disturbance of the labour market, or the threat thereof, is. As labour markets across the EU vary widely between Member States, each Member State will therefore have to assess itself whether it undergoes, or is threatened by, a serious labour market disturbance.
The Commission cannot lay down criteria that Member States would have to use. The Commission has made it clear though, that it expects any Member State that wishes to extend restrictions on labour market access to explain why it considers it is undergoing or is threatened by a serious labour market disturbance and to provide justification with data and convincing, pertinent arguments when notifying the Commission.
As the Commission stated in the report adopted on 11 November on the functioning of the transitional arrangements, it expects more than a simple reference to the unemployment rate. What is, however, important to remember is that the transitional arrangements do not stipulate that the serious labour market disturbance, or the threat thereof, must be caused by an influx of Romanian and Bulgarian workers.
What is also important to note is that a Member State only needs to send a notification within the deadline, without needing the Commission’s assent to the notification. In that case, national law on labour market access will continue to apply after 31 December 2011. Concerning the disclosure of a letter of notification, the Commission must, in accordance with existing procedures, consult in respect of each such request the Member State from where the notification originates.
In any case, the Commission will check whether the notifications were sent within the deadline, which means before 1 January 2012. If not, EU law on free movement of workers will apply fully."@en1
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