EU-Report Accession Bulgaria

Chapter 2: Free movement of persons

Bulgaria has made further progress in alignment with Community provisions, as well as in the establishment of the required administrative structures.

Some progress can be reported on mutual recognition of professional qualifications. With the adoption of the law on the chambers of architects and the chambers of engineers in investment design, Bulgaria has made progress in aligning with provisions on mutual recognition of qualifications and freedom to provide services as an architect.

In the area of citizens' rights, there are no particular developments to report. It should be recalled that the Constitution will need to be amended to allow full alignment with the acquis in this area.

Bulgaria has made further progress in the area of free movement of workers. The new Employment Promotion Act, which entered into force in January 2002, makes it possible to remove the work permit regime for EU citizens upon accession. With the adoption of an ordinance in April 2002, family members of foreign workers have access to the labour market without being required to wait for 24 months. Bulgaria has also introduced new rules as regards residence permits for self-employed workers.

Preparatory work has continued to facilitate Bulgaria's participation in the European Employment Services system (EURES).

Bulgaria has continued to strengthen bilateral relations with a view to the future coordination of social security matters and development of institutional capacity has accelerated. A bilateral agreement with Spain, covering health insurance, pensions, unemployment benefits and family allowances, has entered into force.

Overall assessment

Further legislative work is necessary in the area of mutual recognition of qualifications, both as regards the legislative framework and alignment with the individual directives. Outstanding issues include alignment with EC legislation on lawyers, pharmacists and vets. By accession, it has to be ensured that all Bulgaria's legislation is aligned with Community rules, in particular with respect to nationality, residence and language requirements. Legislation on mutual recognition needs to be monitored to ensure that it distinguishes between academic and professional recognition and includes simpler procedures to allow the provision of services. With respect to professional qualifications obtained before harmonisation, Bulgaria needs to introduce measures to ensure that all its professionals can, as of accession, meet the requirements laid down by the directives. Curricula and training will need to be adjusted in a number of cases to ensure full compliance with the sectoral directives. Specific training is needed to enable midwives to work autonomously.

Bulgaria has taken some steps to align with the acquis on citizens' rights, but preparations must continue and include amendments to the provisions on voting rights.

The adoption of the new employment promotion law is a step forward in the area of the free movement of workers. However, further efforts are required to ensure complete alignment by accession, including the social and cultural integration of migrant workers and their families.

As regards future participation in the European Employment Services system (EURES), efforts should continue, especially with regard to language training.

With a view to the future co-ordination of social security systems, Bulgaria must ensure that it will have reached the required level of budget capacity as well as the necessary administrative capacity to carry out the required financial transfers by the time of accession. Agreements such as that signed with Spain on social security will facilitate Bulgaria's compliance with the regulations as of accession, as they normally rely on the same principles as the social security co-ordination regulations, and this will familiarise the administration with the relevant procedures.

Conclusion

In its 1997 Opinion, the Commission concluded that Bulgaria's transposition and implementation of the acquis were very limited. Notwithstanding progress in several areas, a major legislative policy and administrative reform effort was required in order that Bulgaria could accomplish the full acquis on the free movement of persons in the medium term.

Since the Opinion, Bulgaria has made substantial progress in aligning with the acquis in this area. It has taken further steps to ensure that its administrative structures will be sufficiently developed by the time of accession in order to meet the requirements for full implementation of the acquis, including with regard to the future co-ordination of social security systems. Bulgaria is now partially aligned with the acquis in this area, but further work is needed to achieve full alignment and to provide for the establishment of the necessary administrative bodies.

Negotiations in this chapter have been provisionally closed. Bulgaria has not requested any transitional arrangements in this area. Bulgaria has agreed to a transitional arrangement in respect of the free movement of workers put forward by the EU. Restrictions on the movement of workers from Bulgaria to the EU will apply for a minimum two-year period as of the date of accession and may remain in force for a maximum of seven years. Bulgaria is generally meeting the commitments it has made in the accession negotiations in this field.

Bulgaria should focus further efforts in particular on ensuring that the curricula and training of health professionals covered by the sectoral directives are in line with the acquis. It will also need to prepare, in good time, to meet the financial and administrative obligations that result from the application of the rules on co-ordination of social security.

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