Commission Report (2002): Poland

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

Chapter 2: Free movement of persons

Progress since the last Regular Report

Significant progress has been made in transposing the acquis under this chapter during the reporting period. Considerable efforts have also been undertaken to strengthen the administrative capacity to implement the acquis.

In the area of mutual recognition of professional qualifications, the Act laying down the Rules for the Recognition of Qualifications in respect of taking up or pursuing certain activities was adopted in May 2002. In accordance with this Act, the Ministry of Economy will be responsible for co-ordinating tasks relating to its implementation and for providing information about the system of recognition to individuals and employers.

Progress was also achieved in the field covered by the sectoral directives. The Law on the Provision of Legal Services by Foreign Lawyers within the Territory of the Republic of Poland adopted in July 2002 aligns Poland's legislation in the field of the legal professions. Several legislative measures were adopted in the field of the medical professions (nurses and midwives, profession of medical doctor and pharmacists). Parts of this legislation and of the formerly adopted legislation on architects and the legislation on veterinary surgeons, entered into force during the reporting period. For the sectoral directives, the relevant ministries are responsible for decisions on the recognition of qualifications (possibly relying on self-regulating bodies and professional associations). The Ministry of National Education and Sports co-operates with the competent authorities and the Bureau for Academic Recognition and International Exchange (the Polish contact point in the NARIC/ENIC network) to ensure that this system functions properly. To this end Poland prepared for July 2002 lists of competent authorities in the field of mutual recognition of professional qualifications in the regulated professions.

There has been further progress with respect to alignment with the acquis in the field of citizens' rights. The Minister of National Education and Sport issued an ordinance aligning Polish legislation with the acquis on taking up and conducting of studies by foreigners and their participation in scientific research and training. This will allow, as from accession, EU citizens to take up studies in Poland and to participate in scientific research and training without discrimination (see Chapter 18 -- Education and training). Furthermore, with regard to right of residence Poland adopted in July 2002 the Law on principles and conditions of entry and stay of citizens of Member States of the European Union and members of their families in the Republic of Poland.

Regarding free movement of workers, Poland adopted an amendment to the Act on Employment and Combating Unemployment in April 2002 which will grant EU nationals, as well as their family members, the right to take up and pursue an occupation without the necessity to obtain a work permit, as well as the right to receive unemployment benefits (under reciprocal conditions). The Ministry of Labour and the voivodship and powiat self-governments were also given by this law the responsibility for co-ordinating social security systems with regard to unemployment benefits. An amendment to the Act on General Health Insurance came into force in July 2002 which gives migrant workers equal treatment as regards health care.

All legislation in this field will be supplemented by a horizontal law specifying the dates when measures relating to the free movement of workers will enter into force.

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

Some progress has been made regarding the preparation and development of the institutional capacity with a view to future participation in the system of co-ordination of social security systems. Within the reporting period, no new bilateral agreements concerning social security were concluded.

Overall assessment

Poland has achieved a good degree of alignment with the acquis in the area of mutual recognition of professional qualifications. Further legislative work is however necessary to achieve full alignment and to provide for the establishment of the necessary administrative capacity. By accession it has to be ensured that all Poland's legislation is aligned with the acquis, in particular with regard to nationality, language and residency requirements. Poland still needs to amend the official title ``lekarz stomatologii'' to ``dentist''. Furthermore, implementing regulations will need to be adopted under the framework legislation on veterinary surgeons. The number and qualifications of staff in the respective bodies in charge of the implementation of the acquis in this area will need to be given particular attention. Shortcomings have been identified in the curricula and training of nurses and midwives. A major effort is needed in the short term to improve considerably training for these professions. With respect to professional qualifications obtained before harmonisation, Poland needs to introduce measures to ensure that all its professionals can, as of accession, meet the requirements laid down by the directives.

Attention should be drawn to the importance to be attached to the transposition of the EC acquis on voting rights. Relevant legislation, in particular relating to European Parliament elections, has still to be adopted. Moreover, it will have to be determined whether there is a need to amend the Polish Constitution.

Alignment seems largely to have been achieved as regards free movement of workers but decisions on the dates of entering into force of the legislation still need to be taken.

As regards future participation in the European Employment Services system (EURES), efforts should continue, in particular for language training.

Efforts should be pursued with a view to achieving the necessary administrative capacity (additional staffing and training) to participate in the system of co-ordination of social security systems. Poland also needs to ensure the financial stability of its social security system in order to be able to meet the additional costs arising from the application of the EC provisions in this field from accession onwards. Poland should establish reliable statistics concerning these financial implications, in particular regarding the reimbursement of health care costs.

Conclusion

In its 1997 Opinion, the Commission concluded that with regard to the mutual recognition of qualifications and diplomas, the task of compliance would be achievable in the medium term if efforts made at that time were intensified. The Opinion further concluded that significant efforts were required to resolve outstanding issues regarding the free movement of persons in the medium term.

Since the Opinion, Poland 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 Poland's legislation and structures in relation to the free movement of persons into line with the acquis has developed satisfactorily and, although further efforts are required, legislative and other work has generally been carried out in a timely manner. In overall terms, a high level of alignment with the acquis has been achieved and administrative capacity is developing satisfactorily.

Negotiations on this chapter have been provisionally closed. Poland 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 Poland to the EU will apply for a minimum two-year period as of the date of accession and may remain in place for a maximum of seven years. Poland is generally meeting the commitments it has made in the accession negotiations in this field

In order to complete preparations for membership, Poland's efforts now need to concentrate on the adoption of outstanding legislation with regard to voting rights and with regard to the mutual recognition of diploma's and qualifications of dentists. Shortcomings in curricula and training for nurses and midwives in both existing and new legislation need to be addressed. Institutional capacity should continue to be given high priority both in the field of mutual recognition and the co-ordination of social security systems.

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