欧洲议会和理事会条例(EU) No 492/2011,关于联盟内部工人的行动自由(1)
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32011R0492
OJ编号:OJ L 141, 27.5.2011, p. 1-12
中文标题:欧洲议会和理事会条例(EU) No 492/2011,关于联盟内部工人的行动自由(1)
原文标题: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 (1)
分类:05.10_劳务自由流动
文件类型:二级立法 Regulation|条例
生效日期:2011-06-16
废止日期:2058-12-31
法规全文:查看欧盟官方文件
HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" EN
27.5.2011 Official
Journal
of
the
European
Union L
141/1
I
(Legislative acts)
REGULATIONS
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
regards employment, remuneration and other conditions
EUROPEAN UNION,
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
Having regard to the Treaty on the Functioning of the European
limitations justified on grounds of public policy, public
Union, and in particular Article 46 thereof,
security or public health.
Having regard to the proposal from the European Commission,
(3) Provisions
should
be
laid
down
to
enable
the
objectives
laid down in Articles 45 and 46 of the Treaty on the
Functioning of the European Union in the field of
After transmission of the draft legislative act to the national
freedom of movement to be achieved.
parliaments,
Having regard to the opinion of the European Economic and
(4) Freedom
of
movement
constitutes
a
fundamental
right
of
Social Committee ( 1 ),
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
Acting in accordance with the ordinary legislative procedure ( 2 ),
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
Whereas:
their choice within the Union should be affirmed.
(1) Regulation
(EEC)
No
1612/68
of
the
Council
of
15 October 1968 on freedom of movement for
(5)
Such right should be enjoyed without discrimination by
workers within the Community ( 3 ) has been substantially
permanent, seasonal and frontier workers and by those
amended several times ( 4 ). In the interests of clarity and
who pursue their activities for the purpose of providing
rationality the said Regulation should be codified.
services.
(2) Freedom
of
movement
for
workers
should
be
secured
within the Union. The attainment of this objective
entails the abolition of any discrimination based on
(6) The
right
of
freedom
of
movement,
in
order
that
it
may
be exercised, by objective standards, in freedom and
nationality between workers of the Member States as
dignity, requires that equality of treatment be ensured
in fact and in law in respect of all matters relating to
( 1 ) OJ C 44, 11.2.2011, p. 170.
the actual pursuit of activities as employed persons and
( 2 ) Position of the European Parliament of 7 September 2010 (not yet
to eligibility for housing, and also that obstacles to the
published in the Official Journal) and decision of the Council of
mobility of workers be eliminated, in particular as
21 March 2011.
( 3 ) OJ L 257, 19.10.1968, p. 2.
regards the conditions for the integration of the
( 4 ) See Annex I.
worker’s family into the host country.
L 141/2
EN
Official Journal of the European Union
27.5.2011
(7) The
principle
of
non-discrimination
between
workers
in
Article 3
the Union means that all nationals of Member States
have the same priority as regards employment as is
1. Under
this
Regulation,
provisions
laid
down
by
law,
regu
enjoyed by national workers.
lation or administrative action or administrative practices of a
Member State shall not apply:
(8) The
machinery
for
vacancy
clearance,
in
particular
by (a) where they limit application for and offers of employment,
means of direct cooperation between the central
or the right of foreign nationals to take up and pursue
employment services and also between the regional
employment or subject these to conditions not applicable
services, as well as by coordination of the exchange of
in respect of their own nationals; or
information, ensures in a general way a clearer picture of
the labour market. Workers wishing to move should also
be regularly informed of living and working conditions.
(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.
(9) Close
links
exist
between
freedom
of
movement
for
workers, employment and vocational training,
particularly where the latter aims at putting workers in
The first subparagraph shall not apply to conditions relating to
a position to take up concrete offers of employment
linguistic knowledge required by reason of the nature of the
from other regions of the Union. Such links make it
post to be filled.
necessary that the problems arising in this connection
should no longer be studied in isolation but viewed as
interdependent, account also being taken of the problems
of employment at the regional level. It is therefore
2. There shall be included in particular among the provisions
necessary to direct the efforts of Member States toward
or practices of a Member State referred to in the first
coordinating their employment policies,
subparagraph of paragraph 1 those which:
(a) prescribe a special recruitment procedure for foreign
HAVE ADOPTED THIS REGULATION:
nationals;
CHAPTER I
(b) limit or restrict the advertising of vacancies in the press or
through any other medium or subject it to conditions other
EMPLOYMENT, EQUAL TREATMENT AND WORKERS’
than those applicable in respect of employers pursuing their
FAMILIES
activities in the territory of that Member State;
SECTION 1
Eligibility for employment
(c) subject eligibility for employment to conditions of regis
Article 1
tration with employment offices or impede recruitment of
1. Any national of a Member State shall, irrespective of his
individual workers, where persons who do not reside in the
place of residence, have the right to take up an activity as an
territory of that State are concerned.
employed person, and to pursue such activity, within the
territory of another Member State in accordance with the
provisions laid down by law, regulation or administrative
Article 4
action governing the employment of nationals of that State.
1. Provisions
laid
down
by
law,
regulation
or
administrative
action of the Member States which restrict by number or
percentage the employment of foreign nationals in any under
2. He
shall,
in
particular,
have
the
right
to
take
up
available taking, branch of activity or region, or at a national level, shall
employment in the territory of another Member State with the
not apply to nationals of the other Member States.
same priority as nationals of that State.
2. When
in
a
Member
State
the
granting
of
any
benefit
to
undertakings is subject to a minimum percentage of national
Article 2
workers being employed, nationals of the other Member States
Any national of a Member State and any employer pursuing an
shall be counted as national workers, subject to Directive
activity in the territory of a Member State may exchange their
2005/36/EC of the European Parliament and of the Council
applications for and offers of employment, and may conclude
of 7 September 2005 on the recognition of professional qualifi
and perform contracts of employment in accordance with the
cations ( 1 ).
provisions in force laid down by law, regulation or adminis
trative action, without any discrimination resulting therefrom.
( 1 ) OJ L 255, 30.9.2005, p. 22.
EN
27.5.2011 Official
Journal
of
the
European
Union L
141/3
Article 5
The first paragraph of this Article shall not affect laws or regu
lations in certain Member States which grant more extensive
A national of a Member State who seeks employment in the
rights to workers coming from the other Member States.
territory of another Member State shall receive the same
assistance there as that afforded by the employment offices in
that State to their own nationals seeking employment.
Article 9
1. A worker who is a national of a Member State and who is
Article 6
employed in the territory of another Member State shall enjoy
all the rights and benefits accorded to national workers in
1. The engagement and recruitment of a national of one
matters of housing, including ownership of the housing he
Member State for a post in another Member State shall not
needs.
depend on medical, vocational or other criteria which are
discriminatory on grounds of nationality by comparison with
those applied to nationals of the other Member State who wish
to pursue the same activity.
2. A
worker
referred
to
in
paragraph
1
may,
with
the
same
right as nationals, put his name down on the housing lists in
the region in which he is employed, where such lists exist, and
shall enjoy the resultant benefits and priorities.
2. A
national
who
holds
an
offer
in
his
name
from
an
employer in a Member State other than that of which he is a
national may have to undergo a vocational test, if the employer
expressly requests this when making his offer of employment.
If his family has remained in the country whence he came, they
shall be considered for this purpose as residing in the said
region, where national workers benefit from a similar
presumption.
SECTION 2
Employment and equality of treatment
Article 7
SECTION 3
1. A worker who is a national of a Member State may not,
Workers’ families
in the territory of another Member State, be treated differently
Article 10
from national workers by reason of his nationality in respect of
any conditions of employment and work, in particular as
The children of a national of a Member State who is or has
regards remuneration, dismissal, and, should he become unem
been employed in the territory of another Member State shall be
ployed, reinstatement or re-employment.
admitted to that State’s general educational, apprenticeship and
vocational training courses under the same conditions as the
nationals of that State, if such children are residing in its
2. He
shall
enjoy
the
same
social
and
tax
advantages
as territory.
national workers.
Member States shall encourage all efforts to enable such
3. He
shall
also,
by
virtue
of
the
same
right
and
under
the children to attend these courses under the best possible
same conditions as national workers, have access to training in
conditions.
vocational schools and retraining centres.
CHAPTER II
4. Any clause of a collective or individual agreement or of
CLEARANCE OF VACANCIES AND APPLICATIONS FOR
any other collective regulation concerning eligibility for
EMPLOYMENT
employment, remuneration and other conditions of work or
dismissal shall be null and void in so far as it lays down or
SECTION 1
authorises discriminatory conditions in respect of workers who
Cooperation between the Member States and with the
are nationals of the other Member States.
Commission
Article 11
Article 8
1. The
Member
States
or
the
Commission
shall
instigate
or
A worker who is a national of a Member State and who is
together undertake any study of employment or unemployment
employed in the territory of another Member State shall enjoy
which they consider necessary for freedom of movement for
equality of treatment as regards membership of trade unions
workers within the Union.
and the exercise of rights attaching thereto, including the right
to vote and to be eligible for the administration or management
posts of a trade union. He may be excluded from taking part in
The central employment services of the Member States shall
the management of bodies governed by public law and from
cooperate closely with each other and with the Commission
holding an office governed by public law. Furthermore, he shall
with a view to acting jointly as regards the clearing of
have the right of eligibility for workers’ representative bodies in
vacancies and applications for employment within the Union
the undertaking.
and the resultant placing of workers in employment.
L 141/4
EN
Official Journal of the European Union
27.5.2011
2. To
this
end
the
Member
States
shall
designate
specialist (d) information, by region and by branch of activity, on
services which shall be entrusted with organising work in the
applicants who have declared themselves actually willing
fields referred to in the second subparagraph of paragraph 1
to accept employment in another country.
and cooperating with each other and with the departments of
the Commission.
The specialist service of each Member State shall forward this
The Member States shall notify the Commission of any change
information to the appropriate employment services and
in the designation of such services and the Commission shall
agencies as soon as possible.
publish details thereof for information in the Official Journal of
the European Union.
2. The
details
of
vacancies
and
applications
referred
to
in
paragraph 1 shall be circulated according to a uniform system
Article 12
to be established by the European Coordination Office referred
to in Article 18 in collaboration with the Technical Committee.
1. The
Member
States
shall
send
to
the
Commission
information on problems arising in connection with the
freedom of movement and employment of workers and
particulars of the state and development of employment.
This system may be adapted if necessary.
2. The
Commission,
taking
the
utmost
account
of
the
opinion of the Technical Committee referred to in Article 29
Article 14
(‘the Technical Committee’), shall determine the manner in
1. Any vacancy within the meaning of Article 13
which the information referred to in paragraph 1 of this
communicated to the employment services of a Member State
Article is to be drawn up.
shall be notified to and processed by the competent
employment services of the other Member States concerned.
3. In
accordance
with
the
procedure
laid
down
by
the
Commission taking the utmost account of the opinion of the
Technical Committee, the specialist service of each Member
Such services shall forward to the services of the first Member
State shall send to the specialist services of the other Member
State the details of suitable applications.
States and to the European Coordination Office referred to in
Article 18 such information concerning living and working
conditions and the state of the labour market as is likely to
2. The applications for employment referred to in point (c)
be of guidance to workers from the other Member States. Such
of the first subparagraph of Article 13(1) shall be responded to
information shall be brought up to date regularly.
by the relevant services of the Member States within a
reasonable period, not exceeding 1 month.
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
3. The
employment
services
shall
grant
workers
who
are
by all suitable means of communication for informing the
nationals of the Member States the same priority as the
workers concerned.
relevant measures grant to nationals vis-à-vis workers from
third countries.
SECTION 2
Machinery for vacancy clearance
Article 15
Article 13
1. The
provisions
of
Article
14
shall
be
implemented
by
the
specialist services. However, in so far as they have been au-
1. The
specialist
service
of
each
Member
State
shall
regularly thorised by the central services and in so far as the organisation
send to the specialist services of the other Member States and to
of the employment services of a Member State and the placing
the European Coordination Office referred to in Article 18:
techniques employed make it possible:
(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;
(i) on the basis of the information referred to in Article 13,
on which appropriate action will be taken, directly bring
(c) details of applications for employment by those who have
together and clear vacancies and applications for
formally expressed a wish to work in another Member State;
employment;
EN
27.5.2011 Official
Journal
of
the
European
Union L
141/5
(ii) establish direct relations for clearance:
the Commission shall at least once a year analyse jointly the
results of Union arrangements regarding vacancies and appli
cations.
— of vacancies offered to a named worker,
— of individual applications for employment sent
2. The
Member
States
shall
examine
with
the
Commission
all
either to a specific employment service or to an
the possibilities of giving priority to nationals of Member States
employer pursuing his activity within the area
when filling employment vacancies in order to achieve a
covered by such a service,
balance between vacancies and applications for employment
within the Union. They shall adopt all measures necessary for
this purpose.
— where the clearing operations concern seasonal
workers who must be recruited as quickly as
possible;
3. Every
2
years
the
Commission
shall
submit
a
report
to
the
European Parliament, the Council and the European Economic
(b) the services territorially responsible for the border regions of
and Social Committee on the implementation of Chapter II,
two or more Member States shall regularly exchange data
summarising the information required and the data obtained
relating to vacancies and applications for employment in
from the studies and research carried out and highlighting
their area and, acting in accordance with their arrangements
any useful points with regard to developments on the Union’s
with the other employment services of their countries, shall
labour market.
directly bring together and clear vacancies and applications
for employment.
SECTION 4
If necessary, the services territorially responsible for border
European Coordination Office
regions shall also set up cooperation and service structures
to provide:
Article 18
The European Office for Coordinating the Clearance of
Vacancies and Applications for Employment (‘the European
— users with as much practical information as possible on
Coordination Office’), established within the Commission, shall
the various aspects of mobility, and
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 Regu
— management and labour, social services (in particular
lation, are assigned to the Commission, and especially for
public, private or those of public interest) and all insti
assisting the national employment services.
tutions concerned, with a framework of coordinated
measures relating to mobility,
It shall summarise the information referred to in Articles 12
(c) official employment services which specialise in certain
and 13 and the data arising out of the studies and research
occupations or specific categories of persons shall
carried out pursuant to Article 11, so as to bring to light any
cooperate directly with each other.
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
2. The
Member
States
concerned
shall
forward
to
the Committee referred to in Article 21 and the Technical
Commission the list, drawn up by common accord, of
Committee.
services referred to in paragraph 1 and the Commission shall
publish such list for information, and any amendment thereto,
in the Official Journal of the European Union.
Article 19
Article 16
1. The
European
Coordination
Office
shall
be
responsible,
in
particular, for:
Adoption of recruiting procedures as applied by the imple
menting bodies provided for under agreements concluded
between two or more Member States shall not be obligatory.
(a) coordinating the practical measures necessary for vacancy
clearance at Union level and for analysing the resulting
SECTION 3
movements of workers;
Measures for controlling the balance of the labour market
Article 17
(b) contributing to such objectives by implementing, in coop
1. On
the
basis
of
a
report
from
the
Commission
drawn
up
eration with the Technical Committee, joint methods of
from information supplied by the Member States, the latter and
action at administrative and technical levels;
L 141/6
EN
Official Journal of the European Union
27.5.2011
(c) carrying out, where a special need arises, and in agreement
on questions of principle, in particular on exchange of
with the specialist services, the bringing together of
information concerning developments in the labour
vacancies and applications for employment for clearance
market, on the movement of workers between Member
by those specialist services.
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,
2. It
shall
communicate
to
the
specialist
services
vacancies
including social assistance and the housing of workers.
and applications for employment sent directly to the
Commission, and shall be informed of the action taken thereon.
Article 23
Article 20
1. The
Advisory
Committee
shall
be
composed
of
six
members for each Member State, two of whom shall
The Commission may, in agreement with the competent
represent the Government, two the trade unions and two the
authority of each Member State, and in accordance with the
employers’ associations.
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.
2. For
each
of
the
categories
referred
to
in
paragraph
1,
one
alternate member shall be appointed by each Member State.
CHAPTER III
3. The term of office of the members and their alternates
COMMITTEES FOR ENSURING CLOSE COOPERATION
shall be 2 years. Their appointments shall be renewable.
BETWEEN THE MEMBER STATES IN MATTERS CONCERNING
THE FREEDOM OF MOVEMENT OF WORKERS AND THEIR
EMPLOYMENT
On expiry of their term of office, the members and their
SECTION 1
alternates shall remain in office until replaced or until their
appointments are renewed.
The Advisory Committee
Article 21
The Advisory Committee shall be responsible for assisting the
Article 24
Commission in the examination of any questions arising from
The members of the Advisory Committee and their alternates
the application of the Treaty on the Functioning of the
shall be appointed by the Council, which shall endeavour, when
European Union and measures taken in pursuance thereof, in
selecting representatives of trade unions and employers’
matters concerning the freedom of movement of workers and
associations, to achieve adequate representation on the
their employment.
Committee of the various economic sectors concerned.
Article 22
The list of members and their alternates shall be published by
The Advisory Committee shall be responsible in particular for:
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
Article 25
policies, with a view to coordinating the employment
The Advisory Committee shall be chaired by a member of the
policies of the Member States at Union level, thus
Commission or his representative. The Chairman shall not vote.
contributing to the development of the economies and to
The Committee shall meet at least twice a year. It shall be
an improved balance of the labour market;
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;
Article 26
The Chairman may invite individuals or representatives of
bodies with wide experience in the field of employment or
(d) delivering, either at the request of the Commission or on its
movement of workers to take part in meetings as observers
own initiative, reasoned opinions on general questions or
or as experts. The Chairman may be assisted by expert advisers.
EN
27.5.2011 Official
Journal
of
the
European
Union L
141/7
Article 27
2. Each
Government
shall
appoint
an
alternate
from
among
its other representatives — members or alternates — on the
1. An
opinion
delivered
by
the
Advisory
Committee
shall Advisory Committee.
not be valid unless two thirds of the members are present.
2. Opinions
shall
state
the
reasons
on
which
they
are
based;
Article 32
they shall be delivered by an absolute majority of the votes
The Technical Committee shall be chaired by a member of the
validly cast; they shall be accompanied by a written statement
Commission or his representative. The Chairman shall not vote.
of the views expressed by the minority, when the latter so
The Chairman and the members of the Committee may be
requests.
assisted by expert advisers.
Article 28
Secretarial services shall be provided for the Committee by the
The Advisory Committee shall establish its working methods by
Commission.
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
Article 33
same procedure.
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
SECTION 2
proposals and opinions shall be accompanied by a written
The Technical Committee
statement of the views expressed by the various members of
the Technical Committee, when the latter so request.
Article 29
The Technical Committee shall be responsible for assisting the
Commission in the preparation, promotion and follow-up of all
Article 34
technical work and measures for giving effect to this Regulation
The Technical Committee shall establish its working methods
and any supplementary measures.
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
Article 30
amendment which the Committee decides to make thereto
The Technical Committee shall be responsible in particular for:
shall be subject to the same procedure.
(a) promoting and advancing cooperation between the public
CHAPTER IV
authorities concerned in the Member States on all technical
questions relating to freedom of movement of workers and
FINAL PROVISIONS
their employment;
Article 35
The rules of procedure of the Advisory Committee and of the
(b) formulating procedures for the organisation of the joint
Technical Committee in force on 8 November 1968 shall
activities of the public authorities concerned;
continue to apply.
(c) facilitating the gathering of information likely to be of use
Article 36
to the Commission and the undertaking of the studies and
research provided for in this Regulation, and encouraging
1. This
Regulation
shall
not
affect
the
provisions
of
the
exchange of information and experience between the
Treaty establishing the European Atomic Energy Community
administrative bodies concerned;
which deal with eligibility for skilled employment in the field
of nuclear energy, nor any measures taken in pursuance of that
Treaty.
(d) investigating at a technical level the harmonisation of the
criteria by which Member States assess the state of their
labour markets.
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
Article 31
by the above-mentioned Treaty or measures.
1. The
Technical
Committee
shall
be
composed
of
represen
tatives of the Governments of the Member States. Each
Government shall appoint as member of the Technical
2. This
Regulation
shall
not
affect
measures
taken
in
Committee one of the members who represent it on the
accordance with Article 48 of the Treaty on the Functioning
Advisory Committee.
of the European Union.
L 141/8
EN
Official Journal of the European Union
27.5.2011
3. This
Regulation
shall
not
affect
the
obligations
of
Member
Article 39
States arising out of special relations or future agreements with
certain non-European countries or territories, based on institu
The administrative expenditure of the Advisory Committee and
tional ties existing on 8 November 1968, or agreements in
of the Technical Committee shall be included in the general
existence on 8 November 1968 with certain non-European
budget of the European Union in the section relating to the
countries or territories, based on institutional ties between them.
Commission.
Workers from such countries or territories who, in accordance
Article 40
with this provision, are pursuing activities as employed persons
in the territory of one of those Member States may not invoke
This Regulation shall apply to the Member States and to their
the benefit of the provisions of this Regulation in the territory
nationals, without prejudice to Articles 2 and 3.
of the other Member States.
Article 37
Article 41
Member States shall, for information purposes, communicate to
Regulation (EEC) No 1612/68 is hereby repealed.
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
References to the repealed Regulation shall be construed as
into force.
references to this Regulation and shall be read in accordance
with the correlation table in Annex II.
Article 38
The Commission shall adopt measures pursuant to this Regu
Article 42
lation for its implementation. To this end it shall act in close
cooperation with the central public authorities of the Member
This Regulation shall enter into force on the 20th day following
States.
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 European Parliament
For the Council
The President
The President
J. BUZEK
GYRI E.
EN
27.5.2011 Official
Journal
of
the
European
Union L
141/9
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)
L 141/10
EN
Official Journal of the European Union
27.5.2011
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
EN
27.5.2011 Official
Journal
of
the
European
Union L
141/11
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)
L 141/12
EN
Official Journal of the European Union
27.5.2011
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
27.5.2011 Official
Journal
of
the
European
Union L
141/1
I
(Legislative acts)
REGULATIONS
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
regards employment, remuneration and other conditions
EUROPEAN UNION,
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
Having regard to the Treaty on the Functioning of the European
limitations justified on grounds of public policy, public
Union, and in particular Article 46 thereof,
security or public health.
Having regard to the proposal from the European Commission,
(3) Provisions
should
be
laid
down
to
enable
the
objectives
laid down in Articles 45 and 46 of the Treaty on the
Functioning of the European Union in the field of
After transmission of the draft legislative act to the national
freedom of movement to be achieved.
parliaments,
Having regard to the opinion of the European Economic and
(4) Freedom
of
movement
constitutes
a
fundamental
right
of
Social Committee ( 1 ),
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
Acting in accordance with the ordinary legislative procedure ( 2 ),
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
Whereas:
their choice within the Union should be affirmed.
(1) Regulation
(EEC)
No
1612/68
of
the
Council
of
15 October 1968 on freedom of movement for
(5)
Such right should be enjoyed without discrimination by
workers within the Community ( 3 ) has been substantially
permanent, seasonal and frontier workers and by those
amended several times ( 4 ). In the interests of clarity and
who pursue their activities for the purpose of providing
rationality the said Regulation should be codified.
services.
(2) Freedom
of
movement
for
workers
should
be
secured
within the Union. The attainment of this objective
entails the abolition of any discrimination based on
(6) The
right
of
freedom
of
movement,
in
order
that
it
may
be exercised, by objective standards, in freedom and
nationality between workers of the Member States as
dignity, requires that equality of treatment be ensured
in fact and in law in respect of all matters relating to
( 1 ) OJ C 44, 11.2.2011, p. 170.
the actual pursuit of activities as employed persons and
( 2 ) Position of the European Parliament of 7 September 2010 (not yet
to eligibility for housing, and also that obstacles to the
published in the Official Journal) and decision of the Council of
mobility of workers be eliminated, in particular as
21 March 2011.
( 3 ) OJ L 257, 19.10.1968, p. 2.
regards the conditions for the integration of the
( 4 ) See Annex I.
worker’s family into the host country.
L 141/2
EN
Official Journal of the European Union
27.5.2011
(7) The
principle
of
non-discrimination
between
workers
in
Article 3
the Union means that all nationals of Member States
have the same priority as regards employment as is
1. Under
this
Regulation,
provisions
laid
down
by
law,
regu
enjoyed by national workers.
lation or administrative action or administrative practices of a
Member State shall not apply:
(8) The
machinery
for
vacancy
clearance,
in
particular
by (a) where they limit application for and offers of employment,
means of direct cooperation between the central
or the right of foreign nationals to take up and pursue
employment services and also between the regional
employment or subject these to conditions not applicable
services, as well as by coordination of the exchange of
in respect of their own nationals; or
information, ensures in a general way a clearer picture of
the labour market. Workers wishing to move should also
be regularly informed of living and working conditions.
(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.
(9) Close
links
exist
between
freedom
of
movement
for
workers, employment and vocational training,
particularly where the latter aims at putting workers in
The first subparagraph shall not apply to conditions relating to
a position to take up concrete offers of employment
linguistic knowledge required by reason of the nature of the
from other regions of the Union. Such links make it
post to be filled.
necessary that the problems arising in this connection
should no longer be studied in isolation but viewed as
interdependent, account also being taken of the problems
of employment at the regional level. It is therefore
2. There shall be included in particular among the provisions
necessary to direct the efforts of Member States toward
or practices of a Member State referred to in the first
coordinating their employment policies,
subparagraph of paragraph 1 those which:
(a) prescribe a special recruitment procedure for foreign
HAVE ADOPTED THIS REGULATION:
nationals;
CHAPTER I
(b) limit or restrict the advertising of vacancies in the press or
through any other medium or subject it to conditions other
EMPLOYMENT, EQUAL TREATMENT AND WORKERS’
than those applicable in respect of employers pursuing their
FAMILIES
activities in the territory of that Member State;
SECTION 1
Eligibility for employment
(c) subject eligibility for employment to conditions of regis
Article 1
tration with employment offices or impede recruitment of
1. Any national of a Member State shall, irrespective of his
individual workers, where persons who do not reside in the
place of residence, have the right to take up an activity as an
territory of that State are concerned.
employed person, and to pursue such activity, within the
territory of another Member State in accordance with the
provisions laid down by law, regulation or administrative
Article 4
action governing the employment of nationals of that State.
1. Provisions
laid
down
by
law,
regulation
or
administrative
action of the Member States which restrict by number or
percentage the employment of foreign nationals in any under
2. He
shall,
in
particular,
have
the
right
to
take
up
available taking, branch of activity or region, or at a national level, shall
employment in the territory of another Member State with the
not apply to nationals of the other Member States.
same priority as nationals of that State.
2. When
in
a
Member
State
the
granting
of
any
benefit
to
undertakings is subject to a minimum percentage of national
Article 2
workers being employed, nationals of the other Member States
Any national of a Member State and any employer pursuing an
shall be counted as national workers, subject to Directive
activity in the territory of a Member State may exchange their
2005/36/EC of the European Parliament and of the Council
applications for and offers of employment, and may conclude
of 7 September 2005 on the recognition of professional qualifi
and perform contracts of employment in accordance with the
cations ( 1 ).
provisions in force laid down by law, regulation or adminis
trative action, without any discrimination resulting therefrom.
( 1 ) OJ L 255, 30.9.2005, p. 22.
EN
27.5.2011 Official
Journal
of
the
European
Union L
141/3
Article 5
The first paragraph of this Article shall not affect laws or regu
lations in certain Member States which grant more extensive
A national of a Member State who seeks employment in the
rights to workers coming from the other Member States.
territory of another Member State shall receive the same
assistance there as that afforded by the employment offices in
that State to their own nationals seeking employment.
Article 9
1. A worker who is a national of a Member State and who is
Article 6
employed in the territory of another Member State shall enjoy
all the rights and benefits accorded to national workers in
1. The engagement and recruitment of a national of one
matters of housing, including ownership of the housing he
Member State for a post in another Member State shall not
needs.
depend on medical, vocational or other criteria which are
discriminatory on grounds of nationality by comparison with
those applied to nationals of the other Member State who wish
to pursue the same activity.
2. A
worker
referred
to
in
paragraph
1
may,
with
the
same
right as nationals, put his name down on the housing lists in
the region in which he is employed, where such lists exist, and
shall enjoy the resultant benefits and priorities.
2. A
national
who
holds
an
offer
in
his
name
from
an
employer in a Member State other than that of which he is a
national may have to undergo a vocational test, if the employer
expressly requests this when making his offer of employment.
If his family has remained in the country whence he came, they
shall be considered for this purpose as residing in the said
region, where national workers benefit from a similar
presumption.
SECTION 2
Employment and equality of treatment
Article 7
SECTION 3
1. A worker who is a national of a Member State may not,
Workers’ families
in the territory of another Member State, be treated differently
Article 10
from national workers by reason of his nationality in respect of
any conditions of employment and work, in particular as
The children of a national of a Member State who is or has
regards remuneration, dismissal, and, should he become unem
been employed in the territory of another Member State shall be
ployed, reinstatement or re-employment.
admitted to that State’s general educational, apprenticeship and
vocational training courses under the same conditions as the
nationals of that State, if such children are residing in its
2. He
shall
enjoy
the
same
social
and
tax
advantages
as territory.
national workers.
Member States shall encourage all efforts to enable such
3. He
shall
also,
by
virtue
of
the
same
right
and
under
the children to attend these courses under the best possible
same conditions as national workers, have access to training in
conditions.
vocational schools and retraining centres.
CHAPTER II
4. Any clause of a collective or individual agreement or of
CLEARANCE OF VACANCIES AND APPLICATIONS FOR
any other collective regulation concerning eligibility for
EMPLOYMENT
employment, remuneration and other conditions of work or
dismissal shall be null and void in so far as it lays down or
SECTION 1
authorises discriminatory conditions in respect of workers who
Cooperation between the Member States and with the
are nationals of the other Member States.
Commission
Article 11
Article 8
1. The
Member
States
or
the
Commission
shall
instigate
or
A worker who is a national of a Member State and who is
together undertake any study of employment or unemployment
employed in the territory of another Member State shall enjoy
which they consider necessary for freedom of movement for
equality of treatment as regards membership of trade unions
workers within the Union.
and the exercise of rights attaching thereto, including the right
to vote and to be eligible for the administration or management
posts of a trade union. He may be excluded from taking part in
The central employment services of the Member States shall
the management of bodies governed by public law and from
cooperate closely with each other and with the Commission
holding an office governed by public law. Furthermore, he shall
with a view to acting jointly as regards the clearing of
have the right of eligibility for workers’ representative bodies in
vacancies and applications for employment within the Union
the undertaking.
and the resultant placing of workers in employment.
L 141/4
EN
Official Journal of the European Union
27.5.2011
2. To
this
end
the
Member
States
shall
designate
specialist (d) information, by region and by branch of activity, on
services which shall be entrusted with organising work in the
applicants who have declared themselves actually willing
fields referred to in the second subparagraph of paragraph 1
to accept employment in another country.
and cooperating with each other and with the departments of
the Commission.
The specialist service of each Member State shall forward this
The Member States shall notify the Commission of any change
information to the appropriate employment services and
in the designation of such services and the Commission shall
agencies as soon as possible.
publish details thereof for information in the Official Journal of
the European Union.
2. The
details
of
vacancies
and
applications
referred
to
in
paragraph 1 shall be circulated according to a uniform system
Article 12
to be established by the European Coordination Office referred
to in Article 18 in collaboration with the Technical Committee.
1. The
Member
States
shall
send
to
the
Commission
information on problems arising in connection with the
freedom of movement and employment of workers and
particulars of the state and development of employment.
This system may be adapted if necessary.
2. The
Commission,
taking
the
utmost
account
of
the
opinion of the Technical Committee referred to in Article 29
Article 14
(‘the Technical Committee’), shall determine the manner in
1. Any vacancy within the meaning of Article 13
which the information referred to in paragraph 1 of this
communicated to the employment services of a Member State
Article is to be drawn up.
shall be notified to and processed by the competent
employment services of the other Member States concerned.
3. In
accordance
with
the
procedure
laid
down
by
the
Commission taking the utmost account of the opinion of the
Technical Committee, the specialist service of each Member
Such services shall forward to the services of the first Member
State shall send to the specialist services of the other Member
State the details of suitable applications.
States and to the European Coordination Office referred to in
Article 18 such information concerning living and working
conditions and the state of the labour market as is likely to
2. The applications for employment referred to in point (c)
be of guidance to workers from the other Member States. Such
of the first subparagraph of Article 13(1) shall be responded to
information shall be brought up to date regularly.
by the relevant services of the Member States within a
reasonable period, not exceeding 1 month.
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
3. The
employment
services
shall
grant
workers
who
are
by all suitable means of communication for informing the
nationals of the Member States the same priority as the
workers concerned.
relevant measures grant to nationals vis-à-vis workers from
third countries.
SECTION 2
Machinery for vacancy clearance
Article 15
Article 13
1. The
provisions
of
Article
14
shall
be
implemented
by
the
specialist services. However, in so far as they have been au-
1. The
specialist
service
of
each
Member
State
shall
regularly thorised by the central services and in so far as the organisation
send to the specialist services of the other Member States and to
of the employment services of a Member State and the placing
the European Coordination Office referred to in Article 18:
techniques employed make it possible:
(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;
(i) on the basis of the information referred to in Article 13,
on which appropriate action will be taken, directly bring
(c) details of applications for employment by those who have
together and clear vacancies and applications for
formally expressed a wish to work in another Member State;
employment;
EN
27.5.2011 Official
Journal
of
the
European
Union L
141/5
(ii) establish direct relations for clearance:
the Commission shall at least once a year analyse jointly the
results of Union arrangements regarding vacancies and appli
cations.
— of vacancies offered to a named worker,
— of individual applications for employment sent
2. The
Member
States
shall
examine
with
the
Commission
all
either to a specific employment service or to an
the possibilities of giving priority to nationals of Member States
employer pursuing his activity within the area
when filling employment vacancies in order to achieve a
covered by such a service,
balance between vacancies and applications for employment
within the Union. They shall adopt all measures necessary for
this purpose.
— where the clearing operations concern seasonal
workers who must be recruited as quickly as
possible;
3. Every
2
years
the
Commission
shall
submit
a
report
to
the
European Parliament, the Council and the European Economic
(b) the services territorially responsible for the border regions of
and Social Committee on the implementation of Chapter II,
two or more Member States shall regularly exchange data
summarising the information required and the data obtained
relating to vacancies and applications for employment in
from the studies and research carried out and highlighting
their area and, acting in accordance with their arrangements
any useful points with regard to developments on the Union’s
with the other employment services of their countries, shall
labour market.
directly bring together and clear vacancies and applications
for employment.
SECTION 4
If necessary, the services territorially responsible for border
European Coordination Office
regions shall also set up cooperation and service structures
to provide:
Article 18
The European Office for Coordinating the Clearance of
Vacancies and Applications for Employment (‘the European
— users with as much practical information as possible on
Coordination Office’), established within the Commission, shall
the various aspects of mobility, and
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 Regu
— management and labour, social services (in particular
lation, are assigned to the Commission, and especially for
public, private or those of public interest) and all insti
assisting the national employment services.
tutions concerned, with a framework of coordinated
measures relating to mobility,
It shall summarise the information referred to in Articles 12
(c) official employment services which specialise in certain
and 13 and the data arising out of the studies and research
occupations or specific categories of persons shall
carried out pursuant to Article 11, so as to bring to light any
cooperate directly with each other.
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
2. The
Member
States
concerned
shall
forward
to
the Committee referred to in Article 21 and the Technical
Commission the list, drawn up by common accord, of
Committee.
services referred to in paragraph 1 and the Commission shall
publish such list for information, and any amendment thereto,
in the Official Journal of the European Union.
Article 19
Article 16
1. The
European
Coordination
Office
shall
be
responsible,
in
particular, for:
Adoption of recruiting procedures as applied by the imple
menting bodies provided for under agreements concluded
between two or more Member States shall not be obligatory.
(a) coordinating the practical measures necessary for vacancy
clearance at Union level and for analysing the resulting
SECTION 3
movements of workers;
Measures for controlling the balance of the labour market
Article 17
(b) contributing to such objectives by implementing, in coop
1. On
the
basis
of
a
report
from
the
Commission
drawn
up
eration with the Technical Committee, joint methods of
from information supplied by the Member States, the latter and
action at administrative and technical levels;
L 141/6
EN
Official Journal of the European Union
27.5.2011
(c) carrying out, where a special need arises, and in agreement
on questions of principle, in particular on exchange of
with the specialist services, the bringing together of
information concerning developments in the labour
vacancies and applications for employment for clearance
market, on the movement of workers between Member
by those specialist services.
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,
2. It
shall
communicate
to
the
specialist
services
vacancies
including social assistance and the housing of workers.
and applications for employment sent directly to the
Commission, and shall be informed of the action taken thereon.
Article 23
Article 20
1. The
Advisory
Committee
shall
be
composed
of
six
members for each Member State, two of whom shall
The Commission may, in agreement with the competent
represent the Government, two the trade unions and two the
authority of each Member State, and in accordance with the
employers’ associations.
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.
2. For
each
of
the
categories
referred
to
in
paragraph
1,
one
alternate member shall be appointed by each Member State.
CHAPTER III
3. The term of office of the members and their alternates
COMMITTEES FOR ENSURING CLOSE COOPERATION
shall be 2 years. Their appointments shall be renewable.
BETWEEN THE MEMBER STATES IN MATTERS CONCERNING
THE FREEDOM OF MOVEMENT OF WORKERS AND THEIR
EMPLOYMENT
On expiry of their term of office, the members and their
SECTION 1
alternates shall remain in office until replaced or until their
appointments are renewed.
The Advisory Committee
Article 21
The Advisory Committee shall be responsible for assisting the
Article 24
Commission in the examination of any questions arising from
The members of the Advisory Committee and their alternates
the application of the Treaty on the Functioning of the
shall be appointed by the Council, which shall endeavour, when
European Union and measures taken in pursuance thereof, in
selecting representatives of trade unions and employers’
matters concerning the freedom of movement of workers and
associations, to achieve adequate representation on the
their employment.
Committee of the various economic sectors concerned.
Article 22
The list of members and their alternates shall be published by
The Advisory Committee shall be responsible in particular for:
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
Article 25
policies, with a view to coordinating the employment
The Advisory Committee shall be chaired by a member of the
policies of the Member States at Union level, thus
Commission or his representative. The Chairman shall not vote.
contributing to the development of the economies and to
The Committee shall meet at least twice a year. It shall be
an improved balance of the labour market;
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;
Article 26
The Chairman may invite individuals or representatives of
bodies with wide experience in the field of employment or
(d) delivering, either at the request of the Commission or on its
movement of workers to take part in meetings as observers
own initiative, reasoned opinions on general questions or
or as experts. The Chairman may be assisted by expert advisers.
EN
27.5.2011 Official
Journal
of
the
European
Union L
141/7
Article 27
2. Each
Government
shall
appoint
an
alternate
from
among
its other representatives — members or alternates — on the
1. An
opinion
delivered
by
the
Advisory
Committee
shall Advisory Committee.
not be valid unless two thirds of the members are present.
2. Opinions
shall
state
the
reasons
on
which
they
are
based;
Article 32
they shall be delivered by an absolute majority of the votes
The Technical Committee shall be chaired by a member of the
validly cast; they shall be accompanied by a written statement
Commission or his representative. The Chairman shall not vote.
of the views expressed by the minority, when the latter so
The Chairman and the members of the Committee may be
requests.
assisted by expert advisers.
Article 28
Secretarial services shall be provided for the Committee by the
The Advisory Committee shall establish its working methods by
Commission.
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
Article 33
same procedure.
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
SECTION 2
proposals and opinions shall be accompanied by a written
The Technical Committee
statement of the views expressed by the various members of
the Technical Committee, when the latter so request.
Article 29
The Technical Committee shall be responsible for assisting the
Commission in the preparation, promotion and follow-up of all
Article 34
technical work and measures for giving effect to this Regulation
The Technical Committee shall establish its working methods
and any supplementary measures.
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
Article 30
amendment which the Committee decides to make thereto
The Technical Committee shall be responsible in particular for:
shall be subject to the same procedure.
(a) promoting and advancing cooperation between the public
CHAPTER IV
authorities concerned in the Member States on all technical
questions relating to freedom of movement of workers and
FINAL PROVISIONS
their employment;
Article 35
The rules of procedure of the Advisory Committee and of the
(b) formulating procedures for the organisation of the joint
Technical Committee in force on 8 November 1968 shall
activities of the public authorities concerned;
continue to apply.
(c) facilitating the gathering of information likely to be of use
Article 36
to the Commission and the undertaking of the studies and
research provided for in this Regulation, and encouraging
1. This
Regulation
shall
not
affect
the
provisions
of
the
exchange of information and experience between the
Treaty establishing the European Atomic Energy Community
administrative bodies concerned;
which deal with eligibility for skilled employment in the field
of nuclear energy, nor any measures taken in pursuance of that
Treaty.
(d) investigating at a technical level the harmonisation of the
criteria by which Member States assess the state of their
labour markets.
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
Article 31
by the above-mentioned Treaty or measures.
1. The
Technical
Committee
shall
be
composed
of
represen
tatives of the Governments of the Member States. Each
Government shall appoint as member of the Technical
2. This
Regulation
shall
not
affect
measures
taken
in
Committee one of the members who represent it on the
accordance with Article 48 of the Treaty on the Functioning
Advisory Committee.
of the European Union.
L 141/8
EN
Official Journal of the European Union
27.5.2011
3. This
Regulation
shall
not
affect
the
obligations
of
Member
Article 39
States arising out of special relations or future agreements with
certain non-European countries or territories, based on institu
The administrative expenditure of the Advisory Committee and
tional ties existing on 8 November 1968, or agreements in
of the Technical Committee shall be included in the general
existence on 8 November 1968 with certain non-European
budget of the European Union in the section relating to the
countries or territories, based on institutional ties between them.
Commission.
Workers from such countries or territories who, in accordance
Article 40
with this provision, are pursuing activities as employed persons
in the territory of one of those Member States may not invoke
This Regulation shall apply to the Member States and to their
the benefit of the provisions of this Regulation in the territory
nationals, without prejudice to Articles 2 and 3.
of the other Member States.
Article 37
Article 41
Member States shall, for information purposes, communicate to
Regulation (EEC) No 1612/68 is hereby repealed.
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
References to the repealed Regulation shall be construed as
into force.
references to this Regulation and shall be read in accordance
with the correlation table in Annex II.
Article 38
The Commission shall adopt measures pursuant to this Regu
Article 42
lation for its implementation. To this end it shall act in close
cooperation with the central public authorities of the Member
This Regulation shall enter into force on the 20th day following
States.
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 European Parliament
For the Council
The President
The President
J. BUZEK
GYRI E.
EN
27.5.2011 Official
Journal
of
the
European
Union L
141/9
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)
L 141/10
EN
Official Journal of the European Union
27.5.2011
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
EN
27.5.2011 Official
Journal
of
the
European
Union L
141/11
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)
L 141/12
EN
Official Journal of the European Union
27.5.2011
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
附件:
托管标准,您可以接收以下服务:
1 标准定期系统查新,若有最新版本,会以站内短信或邮件的形式通知用户;
2 随时在标准托管页面中查看到该条标准的最新状态;
3 若用户有在学习和科研中的需要,可以在标准托管页面中试阅标准;
4 企业如果需要上新产品,我院及时提供标准查询、采购等方面的支持;
5 为企业在标准制修订、企业良好行为创建以及标准化试点过程中遇到的困难,可联系我院指定相关专家负责进行指导帮助、提供政策咨询;
6 为企业提供标准化政策的解读、标准化知识的推广培训、标准自我公开声明、标准文献的免费查询、企业标准化体系建设等方面的标准化服务;
标准资讯点击排行榜 全部
资讯标题点击
[[ n.title ]] [[ n.read ]]大连标准化公共服务平台
版权:大连标准化研究院有限公司
地址:大连市中山区高原街56号
电话:0411-82740851