HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 356/90
EN
Official Journal of the European Union
22.12.2012
COMMISSION DECISION
of 20 December 2012
authorising Spain to extend the temporary suspension of 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
(2012/831/EU)
THE EUROPEAN COMMISSION,
(3)
Spain asked the Commission by letter of 13 December
2012 to extend the suspension of Articles 1-6 of Regu
lation (EU) No 492/2011 in respect of Romanian
Having regard to the Treaty on the Functioning of the European
workers until 31 December 2013.
Union,
(4) Spain
justifies
its
request
by
the
fact
that
the
two
reasons
Having regard to the Act concerning the conditions of accession
underlying Decision 2011/503/EU remain: the serious
of the Republic of Bulgaria and Romania and the adjustments to
disturbance of the Spanish labour market, affecting all
the Treaties on which the European Union is founded (
regions and sectors; and the labour market situation of

1 ), and in
particular Article 23 and paragraph 7 second subparagraph of
Romanian citizens residing in Spain as well as the risk
Annex VII, Part 1. ‘Freedom of movement for persons’, thereof,
that an unrestricted inflow of Romanian workers would
increase pressure on the Spanish labour market.
Having regard to the request from Spain of 13 December 2012,
(5) Spain
provides
statistical
evidence
indicating
that
the
economic and labour market situation has further
worsened since mid-2011, leading to record levels in
Whereas:
unemployment and youth unemployment, and that the
economic forecasts point to a contraction of the GDP in
2012 and 2013 and a further increase of unemployment.
(1)
Spain had been fully applying Articles 1 to 6 of Regu
Moreover, Spain states that the disturbance of the
lation (EEC) No 1612/68 of the Council of 15 October
Spanish labour market which seriously threatens levels
1968 on freedom of movement for workers within the
of employment is of a general nature and not limited
Community ( 2 ) to Romanian nationals since 1 January
to a particular region or sector.
2009 when it notified the Commission on 22 July
2011, with reference to a serious disturbance of the
Spanish labour market, pursuant to paragraph 7 third
(6) Spain
further
provides
statistical
data
indicating
that
the
subparagraph of Annex VII Part 1 to the Act concerning
number of Romanian residents in Spain has continued to
the conditions of accession of the Republic of Bulgaria
increase (despite restrictions on free access to the labour
and Romania and the adjustments to the Treaties on
market for Romanian workers) and that they numbered
which the European Union is founded (hereinafter ‘the
913 405 in September 2012; that the share of Romanian
2005 Act of Accession’), that it had decided on that day
nationals who contribute to the social security system is
to re-introduce restrictions on labour market access for
decreasing; that the numbers of Romanian nationals
Romanian workers. Regulation (EEC) No 1612/68 was
registered as jobseekers and of those receiving
codified and replaced by Regulation (EU) No 492/2011
unemployment benefits are relatively high, albeit
of the European Parliament and of the Council of 5 April
decreasing, and that their unemployment rate is higher
2011 on freedom of movement for workers within the
than the average. Spain concludes that the current labour
Union ( 3 ), which entered into force on 16 June 2011.
market situation affects its capacity to absorb new
inflows of Romanian workers.
(2)
In response to a request by Spain on 28 July 2011 to the
Commission pursuant to paragraph 7 second
(7) According
to
Paragraph
7
second
subparagraph
of
Annex
subparagraph of Annex VII Part 1 to the 2005 Act of
VII Part 1 to the 2005 Act of Accession a Member State
Accession to state that Articles 1 to 6 of Regulation (EU)
may request the Commission to state within two weeks
No 492/2011 be wholly suspended in respect of
that the application of Articles 1-6 of Regulation (EU) No
Romanian workers throughout Spain and in all sectors,
492/2011 be wholly or partially suspended in a given
the Commission authorised Spain by Decision
region or occupation.
2011/503/EU ( 4 ) to limit the free access of Romanian
workers to the Spanish labour market until 31 December
2012, subject to certain conditions. This Decision
(8) Analysis
in
2011
of
the
economic
data
underlying
entered into force on 12 August 2011.
Decision 2011/503/EU showed that Spain was indeed
facing a serious labour market disturbance, characterised
by the by far highest unemployment rate in the EU
( 1 ) OJ L 157, 21.6.2005, p. 203.
(Eurostat monthly unemployment data show 21,0 %,
( 2 ) OJ L 257, 19.10.1968, p. 2.
( 3 ) OJ L 141, 27.5.2011, p. 1.
against 9,4 % on average in the EU and 9,9 % in the
( 4 ) OJ L 207, 12.8.2011, p. 22.
euro area in June 2011), a particularly dramatic

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EN
22.12.2012 Official
Journal
of
the
European
Union L
356/91
unemployment among youth (45,7 % in June 2011) and
980 000 (or – 5,4 %) (source: Eurostat Labour Force
a slow economic recovery (Eurostat figures show GDP
Survey). While the construction sector displayed the
growth first quarter 2011 compared with the previous
largest drop (– 293 000 or – 20,5 %), employment in
quarter was only 0,3 %, against 0,8 % for the EU and the
agriculture, manufacturing and the services sector have
euro area), hampered in addition by the international
also decreased. Moreover, all regions are affected by high
financial turbulence requiring Spain to introduce further
levels of unemployment (from 12,0 % in Basque country
budget cuts aiming at fiscal consolidation, which could
to 30,4 % in Andalusia in 2011, source: Eurostat Labour
have further short-term negative effects on its scope for
Force Survey data) and the labour market disturbance is
economic growth. The impact of the employment decline
therefore not limited to a particular region.
had been a general one affecting all regions and all
sectors of production. Labour force survey data for the
period between 2008 and 2010 also showed a general
(13) Consequently,
the
Commission
considers
that
Spain
has
fall in the employment level of 9 %, in the construction
provided evidence that it is still undergoing a labour
sector even of 33 %, affecting all regions, varying
market disturbance in a generalised way which
between 6 % in the Basque country to 13 % in the
seriously affects the level of employment in all regions
Valenciana Autonomous Community.
and all sectors and is liable to persist in the near future.
(9) Consequently
the
Commission
considered
that
Spain (14) Moreover, the analysis by the Commission shows that,
provided evidence that it was undergoing a labour
since Spain re-introduced restrictions on labour market
market disturbance in a generalised way which
access for Romanian workers, the number of Romanian
seriously affected the level of employment in all
nationals in Spain has continued to increase, albeit at a
regions and all sectors and was liable to persist in the
slower pace than before: according to Spanish migration
near future.
statistics, it increased by 11 970 (or + 1,3 %) between
30 September 2011 (901 435) and 30 September
2012 (913 405) whereas it had increased by 83 975
(10) Moreover, the analysis in 2011 by the Commission
(or + 10,3 %) between 30 September 2010 (817 460)
established that: Romanian nationals living in Spain
and 30 September 2011 (901
435). Romanian
were strongly affected by unemployment at a rate of
nationals in Spain still experience very high levels of
more than 30 % (source: Eurostat Labour force survey
unemployment: 36,4 % in the third quarter 2012
data, first quarter 2011). The inflows of Romanian
(source: Eurostat Labour Force Survey data).
nationals arriving in Spain, despite a certain decrease
due to the economic recession, remained at substantial
levels, even though there was a low labour demand in
Spain. The number of Romanian nationals usually
(15) It
is
therefore
likely
that
the
full
application
of
EU
law
on
resident in Spain increased from 388 000 on 1 January
free movement of workers would still be a factor in
2006 to 823 000 on 1 January 2010 (source: Eurostat
increasing pressure on the Spanish labour market as it
migration statistics).
allows for the unrestricted inflow of Romanian workers.

(11) The
analysis
of
the
currently
available
economic
data
(16) Therefore, in order to restore the situation of the Spanish
show that the labour market in Spain remains seriously
labour market to normal, it is appropriate to authorise
disturbed. The economic downturn continues to have a
Spain to continue to temporarily limit the free access of
greater impact on employment in Spain than in other
Romanian workers to that labour market. As the transi
Member States and the data shows that the trend became
tional arrangements in the 2005 Act of Accession that
more pronounced throughout 2011 and the first quarters
allow for restrictions on labour market access of
of 2012. In October 2012, the unemployment rate was
Romanian nationals, of which the safeguard clause
around 26,2 %, compared to 21,3 % in June 2011,
forms part, are limited in time until 31 December
against 10,7 % on average in the EU in October 2012
2013, the authorisation cannot extend beyond that date.
(and 9,5 % in June 2011). Moreover, the unemployment
rate among young persons is dramatically high at 55,9 %
in October 2012, compared to 23,4 % on average in the
(17) Restrictions
on
access
to
the
labour
market
constitute
a
EU (source: Eurostat monthly unemployment data).
derogation from a fundamental principle of the Treaty on
the Functioning of the European Union, namely the free
movement of workers. In accordance with the well-estab
(12) The adverse economic situation and the resulting labour
lished case-law of the Court of Justice, such measures
market disturbances are likely to persist. According to the
should be restrictively interpreted and applied.
European Commission economic forecasts, the Spanish
GDP is expected to contract in 2012 and 2013
(– 1,4 % for both years) before recovering slightly in
(18) It
is
at
this
time
appropriate
that
restrictions
should
2014 (+ 0,8 %) and the unemployment rate is foreseen
continue to apply for employed activities in the entire
to continue to increase and reach 26,6 % in 2013 (and
territory of Spain and to all sectors in view of the specific
decrease to 26,1 % in 2014). The decline in employment
current situation in the Spanish labour market and the
has continued to affect all economic sectors. Between the
displacement and other potential spill-over effects
second quarter 2011 and the third quarter 2012,
between regions and sectors caused by a selective
employment in Spain has contracted by around
restriction. However, the scope of the derogation can

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L 356/92
EN
Official Journal of the European Union
22.12.2012
be reduced, should the Commission ascertain that the
HAS ADOPTED THIS DECISION:
relevant particulars underlying such derogation have
changed or that its effects prove to be more restrictive
Article 1
than its purpose requires, in particular for employed
Spain is hereby authorised under the conditions specified in
activities requiring a university degree or equivalent
Articles 2 to 4 of this Decision to suspend Articles 1 to 6 of
qualifications.
Regulation (EU) No 492/2011 with regard to Romanian
nationals until 31 December 2013.
(19) Equally,
though
in
order
for
the
restrictions
authorised
by
this Decision to have the envisaged effect on the Spanish
Article 2
labour market, it is now considered appropriate that
Without prejudice to the measures introduced by Spain on
these restrictions remain in place until the end of the
22 July 2011 pursuant to paragraph 7 third subparagraph of
transitional period on 31 December 2013, this time-
Annex VII Part 1 to the 2005 Act of Accession, this Decision
frame may be shortened if the Commission determines
shall not affect the Romanian nationals and their family
that the relevant particulars which led to the adoption of
members:
this Decision have changed or that its effects prove to be
more restrictive than its purpose requires.
who were employed in Spain on 12 August 2011, or
who were registered as jobseekers by the Public Employment
(20) To that effect, Spain is to provide quarterly to the
Services in Spain on 12 August 2011.
Commission such statistical data, as will be required to
ascertain the evolution of the labour market per sector of
Article 3
activity and occupation. The first quarterly report is to be
The application of this Decision shall be subject mutatis mutandis
presented before 31 March 2013.
to the conditions on transitional arrangements as laid down in
Annex VII Part 1 to the 2005 Act of Accession.
(21) The Decision to authorise Spain to continue its
restrictions on the free access of Romanian nationals to
Article 4
the Spanish labour market is subject to certain conditions
Spain shall take all necessary measures to continue to closely
to ensure that those restrictions are strictly limited to
monitor the development of the labour market. It shall provide
what is necessary to the envisaged purpose.
the Commission with quarterly statistical data evidencing the
evolution of the labour market per sector of activity and occu
(22) It is therefore not appropriate to authorise the re-intro
pation. The first quarterly report shall be presented before
duction of restrictions in respect of Romanian nationals
31 March 2013.
and their family members who were already employed in
the Spanish labour market or who were already
In case of any significant change in the labour market, Spain
registered as jobseekers by the Public Employment
shall provide the Commission and the Member States without
Services in Spain on 22 July 2011, that is on the date
delay with an update of the relevant particulars it has supplied
of notification by Spain of the measures referred to in
in respect of its request for a Commission decision and in
recital 1.
respect of which this Decision is adopted.
Article 5
(23) The
principles
governing
restrictions
on
access
to
the
labour market, as laid down in Annex VII Part 1 to
This Decision may be amended or repealed in particular if the
the 2005 Act of Accession, such as the standstill clause
relevant particulars referred to in Article 4 and which led to its
and the principle of Union preference mentioned in
adoption have changed or that its effects prove to be more
paragraph 14 of Part 1 of that Annex, should also be
restrictive than its purpose requires.
respected.
Article 6
Spain shall provide the Commission with details of the
(24) The right of family members of Romanian workers to
take up employment in Spain should be governed mutatis
measures it has taken on the basis of this Decision within
mutandis by paragraph 8 of Annex VII Part 1 to the 2005
two months of receipt thereof.
Act of Accession.
Article 7
This Decision shall enter into force on the day of its publication
(25) The
restrictions
on
the
rights
of
Romanian
nationals
and
in the Official Journal of the European Union.
their family members to access the Spanish labour
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
Done at Brussels, 20 December 2012.
members enjoy under Union law.
For the Commission
(26) For
monitoring
purposes,
an
obligation
to
provide
the
Commission with details of the measures that Spain has
The President
taken on the basis of this Decision should be laid down,
José Manuel BARROSO

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