HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 207/22
EN
Official Journal of the European Union
12.8.2011
COMMISSION DECISION
of 11 August 2011
authorising Spain to temporarily suspend the application of Articles 1 to 6 of Regulation (EU) No
492/2011 of the European Parliament and of the Council on freedom of movement for workers
within the Union with regard to Romanian workers
(2011/503/EU)
THE EUROPEAN COMMISSION,
(3)
By letter of 28 July 2011, pursuant to paragraph 7
second subparagraph of Annex VII to the 2005 Act of
Accession, Spain followed up the notification of 22 July
2011, requesting the Commission to state that Articles 1
Having regard to the Treaty on the Functioning of the European
to 6 of Regulation (EU) No 492/2011 be wholly
Union,
suspended in respect of Romanian workers throughout
Spain and in all sectors of the labour market and that the
Decision to be taken should be reviewed by
31 December 2012.
Having regard to the Act of Accession of Bulgaria and
Romania ( 1 ), and in particular Article 23 paragraph 7 second
subparagraph of Annex VII, Part 1 ‘Freedom of movement for
persons’, thereof,
(4) Spain
justifies
its
request
by
reference
to
the
current
serious disturbance in the labour market in Spain, in
particular the unprecedented fall in the level of
employment following the economic recession that
Having regard to the request from Spain of 28 July 2011,
started in 2008 which has resulted in a large increase
in the level of unemployment with the unemployment
rate currently exceeding 20 % and the difficulty to re-
create a substantial number of jobs in the short-term.
Whereas:
(5)
Spain states that the disturbance in the Spanish labour
(1)
Spain has been fully applying Articles 1 to 6 of Regu
market, which seriously threatens the level of
lation (EEC) No 1612/68 of the Council of 15 October
employment, is of a general nature and not limited to
1968 on freedom of movement for workers within the
a particular region or sector.
Community ( 2 ) to Romanian nationals since 1 January
2009. Regulation (EEC) No 1612/68 was codified and
replaced by Regulation (EU) No 492/2011 of the
European Parliament and of the Council of 5 April
(6) Spain
also
justifies
its
request
with
the
following
elements: the decrease in the employment rate of
2011 on freedom of movement for workers within the
Romanian nationals in Spain; the steady rise of unem
Union ( 3 ) , which entered into force on 16 June 2011.
ployment and the high increase in the number of
Romanian nationals resident in Spain which occurred
despite the adverse evolution of the labour market in
(2)
With reference to a serious disturbance of the Spanish
Spain and which had an impact on the capacity of
labour market, Spain notified the Commission on 22 July
Spain to absorb new inflows of workers.
2011, pursuant to paragraph 7 third subparagraph of
Annex VII Part 1 of the 2005 Act of Accession, that it
had decided on that day to re-introduce restrictions on
(7)
Paragraph 7 of Annex VII Part 1 of the 2005 Act of
labour market access for Romanian workers, notably
Accession constitutes a safeguard clause, the purpose of
because of the need to take immediate action in view
which is to allow a Member State that already fully
of the seasonal situation in the agricultural sector in the
applies Articles 1 to 6 of Regulation (EU) No
summer; otherwise the danger of an increase in the
492/2011 to workers, who are concerned by the transi
number of arrivals of Romanian workers while
tional arrangements of that Annex, and that undergoes
awaiting a Commission Decision, pursuant to
or foresees a serious labour market disturbance to re-
paragraph 7 second subparagraph of that Annex VII,
impose restrictions on the free movement of workers
would endanger the very effectiveness of the re-
in order to restore to normal the disturbed labour
introduced restrictions. At the same time, the Spanish
market situation in a given region or occupation.
government submitted a reasoned ex-post notification
with supporting information as to the labour market
disturbance.
(8)
Paragraph 7 of Annex VII Part 1 of the 2005 Act of
Accession provides for two connected procedures:
( 1 ) OJ L 157, 21.6.2005, p. 203.
the normal procedure under paragraph 7 second
( 2 ) OJ L 257, 19.10.1968, p. 2. English Special Edition Series I Chapter
1968(II) p. 475.
subparagraph and the urgent procedure under
( 3 ) OJ L 141, 27.5.2011, p. 1.
paragraph 7 third subparagraph. While the procedure

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EN
12.8.2011 Official
Journal
of
the
European
Union L
207/23
in paragraph 7 second subparagraph requires a Member
(13) Therefore,
in
order
to
restore
to
normal
the
situation
of
State to request the Commission to state within 2 weeks
the Spanish labour market, it is appropriate to authorise
the whole or partial suspension of Union law on free
Spain to limit temporarily the free access of Romanian
access to the labour market in a given region or occu
workers to that labour market.
pation, the procedure in paragraph 7 third subparagraph
provides that, in urgent and exceptional cases where the
Member State cannot await the outcome of a
Commission Decision under paragraph 7 second
(14) Restrictions
on
access
to
the
labour
market
constitute
a
subparagraph, it can already unilaterally suspend EU
derogation from a fundamental principle of the Treaty on
law on free movement of workers.
the Functioning of the European Union, namely the free
movement of workers. In accordance with the well-estab
lished case-law of the Court of Justice, such measures
should be restrictively interpreted and applied.
(9) The
analysis
of
the
available
economic
data
shows
that
Spain is indeed facing a serious labour market
disturbance, characterised by the by far highest unem
(15) Therefore,
although
with
a
view
to
the
specific
current
ployment rate in the EU (Eurostat monthly unem
situation in the Spanish labour market and considering
ployment data show 21,0 %, against 9,4 % on average
displacement and other potential spill-over effects
in the EU and 9,9 % in the Euro area in June 2011), a
between regions and sectors caused by a selective
particularly dramatic unemployment among youth
restriction, it is at this time appropriate that restrictions
(45,7 % in June 2011) and a slow economic recovery
should apply for employed activities in the entire
(Eurostat figures show GDP growth first quarter 2011
territory of Spain and to all sectors, the scope of the
compared with the previous quarter was only 0,3 %,
derogation can be reduced, should the Commission
against 0,8 % for the EU and the Euro area), hampered
ascertain that the relevant particulars which led to its
in addition by the current international financial
acceptance have changed or that its effects prove to be
turbulence requiring Spain to introduce further budget
more restrictive than its purpose requires, in particular
cuts aiming at fiscal consolidation, which could have
for employed activities requiring university degree and
further short-term negative effects on its scope for
equivalent qualifications.
economic growth. The impact of the employment
decline has been a general one affecting all regions and
all sectors of production. Labour force survey data for the
period between 2008 and 2010 also shows a general fall
(16) Equally,
though
in
order
for
the
restrictions
authorised
by
in the employment level of 9 %, in the construction
this Decision to have the envisaged effect on the Spanish
sector even of 33 %, affecting all regions, varying
labour market, it is now considered appropriate that
between 6 % in the Basque country to 13 % in the
these restrictions remain in place until 31 December
Valenciana Autonomous Community.
2012. This timeframe may be shortened if the
Commission determines that the relevant particulars
which led to the adoption of this Decision have
changed or that its effects prove to be more restrictive
than its purpose requires.
(10) Consequently
the
Commission
considers
that
Spain
has
provided evidence that it is undergoing a labour market
disturbance in a generalised way which seriously affects
the level of employment in all regions and all sectors and
(17) To
this
effect,
Spain
will
be
required
to
provide
quarterly
is liable to persist in the near future.
to the Commission such statistical data, as will be
required to ascertain the evolution of the labour market
per sector of activity and occupation. The first quarterly
report is to be presented before 31 December 2011.
(11) Moreover, the analysis by the Commission has estab
lished that: Romanian nationals living in Spain are
strongly affected by unemployment at a rate of more
than 30 % (source: Eurostat Labour force survey data,
(18) The Decision to authorise Spain to re-introduce
first quarter 2011). The inflows of Romanian nationals
restrictions on the free access of Romanian nationals to
arriving in Spain, despite a certain decrease due to the
the Spanish labour market is further made under certain
economic recession, remain at substantial levels, even
conditions to ensure that these restrictions are strictly
though there is a low labour demand in Spain. The
limited to what is necessary to meet the envisaged
number of Romanian nationals usually resident in
purpose.
Spain has increased from 388 000 on 1 January 2006
to 823 000 on 1 January 2010 (source: Eurostat
migration statistics).
(19) It is therefore not appropriate to authorise the re-intro
duction of restrictions in respect of Romanian nationals
and their family members who are already employed in
the Spanish labour market and in respect of those
(12) It
is likely that a continuing unrestricted inflow of
Romanian nationals and their family members already
Romanian workers would be a factor in increasing
registered as jobseekers by the Public Employment
pressure on the Spanish labour market.
Services in Spain.

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L 207/24
EN
Official Journal of the European Union
12.8.2011
(20) The
principles
governing
restrictions
on
access
to
the
Article 3
labour market, as laid down in Annex VII Part 1 of
the 2005 Act of Accession, such as the standstill clause
The application of this Decision shall be subject mutatis mutandis
and the principle of Union preference in paragraph 14,
to the conditions on transitional arrangements as laid down in
should also be respected.
Annex VII Part 1 of the 2005 Act of Accession.
(21) The right of family members of Romanian workers to
Article 4
take up employment in Spain should be governed mutatis
mutandis by paragraph 8 of Annex VII Part 1 of the 2005
Spain shall take all necessary measures to continue to monitor
Act of Accession.
closely the development of the labour market. It shall provide to

the Commission quarterly statistical data evidencing the
evolution of the labour market per sector of activity and occu
(22) The
restrictions
on
the
rights
of
Romanian
nationals
and
pation. The first quarterly report is to be presented before
their family members to access the Spanish labour
31 December 2011.
market authorised by this Decision are strictly limited
to the scope of this Decision and can in no way affect
any other rights that Romanian nationals and their family
Spain shall provide the Commission and the Member States
members enjoy under Union law.
without delay in case of any significant change with an
update of the relevant particulars it has supplied in respect of
its request for a Commission decision and in respect of which
(23) A
quarterly
monitoring
and
information
process
on
the
this Decision is taken.
development of the Spanish labour market has to be
ensured.
Article 5
(24) For
monitoring
purposes,
an
obligation
to
provide
the
This Decision may be amended or repealed in particular if the
Commission with details of the measures that Spain has
relevant particulars referred to in Article 4 and which led to its
taken on the basis of this Decision has to be ensured,
adoption have changed or that its effects prove to be more
restrictive than its purpose requires.
HAS ADOPTED THIS DECISION:
Article 6
Article 1
Spain shall provide the Commission with details of the
Spain is hereby authorised under the conditions specified in
measures it has taken on the basis of this Decision within 2
Articles 2 to 4 of this Decision to suspend Articles 1 to 6 of
months of receipt thereof.
Regulation (EU) No 492/2011 with regard to Romanian
nationals until 31 December 2012.
Article 7
Article 2
This Decision shall enter into force on the day of its publication
This Decision shall not affect the Romanian nationals and their
in the Official Journal of the European Union.
family members:
1. who are employed in Spain on the day of entry into force of
Done at Brussels, 11 August 2011.
this Decision;
For the Commission
2. who are registered as jobseekers by the Public Employment
Services in Spain on the day of entry into force of this
The President
Decision.
José Manuel BARROSO

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