Commission Report (2002): Latvia

• Progress since the last Regular Report
• Overall assessment
• Conclusions

Chapter 2: Free movement of persons

Progress since the last Regular Report

During the last year, Latvia made further progress in aligning its legislation and in strengthening administrative capacity in the field.

In the area of mutual recognition of professional qualifications, some progress has been made in adopting regulations to implement the Law on Regulated Professions and Recognition of Professional Qualifications, adopted in June 2001. In early 2002, legislation on minimum requirements of educational programmes for doctors, architects, dentists, pharmacists, nurses, midwives and veterinarians were adopted.

Limited progress can be reported on citizens' rights. The Law on Personal Identification Documents was adopted in May 2002. According to the Law, identification cards, in conformity with international standards, will be issued to foreigners instead of the existing residence permits. There were no notable developments in the area of voting rights.

There have been no developments in the area of free movement of workers. Preparatory work has continued to facilitate Latvia`s participation in the European Employment Services system (EURES).

Latvia has continued to strengthen administrative capacity for the future co-ordination of social security matters. An inter-institutional working group to supervise preparations in this field has been established and internal training activities have been carried out. Latvia has continued to implement its bilateral agreements on social security.

Overall assessment

Framework legislation in the area of mutual recognition of professional qualifications is in place. However, further legislative work is still necessary in the form of the adoption of implementing regulations. In addition, further amendments are still necessary to achieve alignment with several sectoral directives, including for veterinarians, lawyers, dentists, nurses, midwives and pharmacists, in order to reach full harmonisation. Shortcomings have been identified with regard to curricula and training for nurses which need to be addressed. Specific legislation is needed to enable midwives to work autonomously. With respect to professional qualifications obtained before harmonisation, Latvia needs to introduce measures to ensure that all its professionals can, as of accession, meet the requirements laid down by the directives. A major effort is needed in the short term to improve considerably training for midwives. The administrative structures and institutions involved in the field of mutual recognition of professional qualifications will also need to be considerably strengthened.

While preparatory work has already taken place, these efforts will need to be maintained to ensure full alignment by accession. By accession, it has to be ensured that all Latvia`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.

Concerning citizens` rights, the legislation on the right of residence as well as the legislation on voting rights, in particular relating to the European Parliament elections, still need to be adopted. Moreover, implementation of the legislation on voting rights will still require certain changes to Latvia`s Constitution.

In the area of the free movement of workers, legislation is only partially aligned and 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, further work to develop the necessary administrative structures is needed. Institutional capacity needs to be strengthened further so as to enable Latvia to apply the acquis on co-ordination of social security. The implementation of several agreements on social security will facilitate Latvia`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.

As already stated last year, the Language Law and the implementing regulations provide for certain linguistic requirements in areas relating to this chapter; for example, there is a list of professions and positions for which certain levels of language proficiency are required. It will be important to ensure that this legislation is implemented in full respect of the principles of justified public interest, proportionality and non discrimination, Latvia`s international obligations and the Europe Agreement.

Conclusions

In its 1997 Opinion, the Commission concluded that a number of changes would have to be introduced in order to comply with the acquis on free movement of persons. As regards mutual recognition of professional qualifications, the preparation of the necessary legislative and enforcement measures would need to be very much intensified and sustained if they were to be in place in the mid-term perspective.

Since the Opinion, Latvia has made progress in aligning with the acquis in this area, and has further strengthened the relevant institutions, including with regard to the future co-ordination of social security systems. The process of bringing Latvia`s legislation and structures in relation to the free movement of persons into line with the acquis has developed satisfactorily although further efforts are required.

Negotiations on this chapter have been provisionally closed. Latvia has not requested any transitional arrangements. Latvia 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 Latvia 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. Latvia is generally meeting the commitments it has made in the accession negotiations in this field.

In order to complete preparations for membership, Latvia's efforts now need to focus on the adoption or completion of outstanding legislation with regard to voting rights, free movement of workers and mutual recognition of professional qualifications, as well as on further strengthening institutional capacity. Curricula and training for nurses will need to be adapted in line with Community requirements.

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