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Source: Arrabe asesores 27 July 2011

The Council of Ministers approved the Agreement establishing the reactivation of the transitional period in terms of access to the Spanish labor market for Romanian citizens.

Romanian citizens who want to come to work in Spain must obtain a prior authorization based on the existence of an employment contract, as no effect on those Romanians who are already part of the Spanish labor market.

The Council of Ministers at its meeting on July 22, 2011 proposal from the Ministers of Labour and Immigration, Foreign Affairs and Cooperation and the Interior, has adopted an Agreement Establishing the reactivation of the transitional period relation to the free movement of workers from Romania.

For general information publication is available as an annex to this order.

ANNEX

Agreement establishing the reactivation of the transitional period in relation to the free movement of workers from Romania

The Accession Treaty of Romania to the European Union, which was completed on January 1, 2007, provides in Annex VII of the Act concerning the conditions of accession and the adjustments to the Treaties on which the European Union is founded, the existence of a transitional period of seven years during which Member States may introduce measures to regulate the access of Romanian nationals in the labor market.

By agreement of the Council of Ministers of December 22, 2006 it was decided that the transitional period established by the Treaty of Accession of Romania to the European Union would last two years and yet, at the end of the first year, the Government together with the social partners, assess the effects of application of this transitional period, if any, agree to continue the same up to two years or give it to an end.

Subsequently, by agreement of the Council of Ministers of December 28, 2007 it was decided that the transitional period will continue for 2008 and, once this year, the Community acquis on free movement of workers for full implementation in Spain Romanian workers.

However, that Annex VII of the Act concerning the conditions of accession provides for Member States to relaunch the transitional period when they suffer disturbances in their labor market which could seriously compromise the level of employment and suspension, so the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 on the free movement of workers.

The situation of the Spanish labor market now meets these requirements, so it was concluded that it is appropriate to revive the transitional period provided for in the Accession Treaty.

In these circumstances, the Council of Ministers, on proposal of the Ministers of Labour and Immigration, Foreign Affairs and Cooperation and the Interior, in its meeting of July 22, 2011, agrees:

First.

Activated again the transitional period provided for in the Act concerning the conditions of accession and the adjustments to the Treaties on which the European Union is founded, which referred to the Council of Ministers Agreement of December 22, 2006, in concerning the free movement of Romanian workers, and thus suspending the application of Articles 1 to 6 of Regulation No 1612/68.

Second.

This measure of regulation of access to the labor market for Romanian workers is effective from the date of approval of this Agreement. In late 2012, the Government will evaluate the effects of the transitional period indicated and in accordance with the conclusions reached, agree the continuity of the same or will terminate the transitional period, fully operational, since that time, the acquis on free movement of workers to Romanian nationals.

Third.

Authorizing the Ministry of Labour and Immigration, Foreign Affairs and Cooperation and the Interior, within their respective jurisdictions, to issue appropriate instructions and carry out the actions necessary for the execution and implementation of the provisions this Agreement.

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