Commission Report 2002 (Romania)

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

Chapter 2: Free movement of persons

Progress since the last Regular Report

In the area of free movement of persons some developments can be recorded during the reporting period.

As regards mutual recognition of professional qualifications a number of laws were adopted in July and August, which aim to transpose the acquis as regards medical doctors, dentists, nurses, midwives and pharmacists.

Romania has reversed the discriminatory measures in respect of lawyers that were highlighted in last year`s Regular Report (see chapter 3 - Freedom to provide services).

No significant progress was made as regards citizens' rights.

As regards free movement of workers, a bilateral agreement on free movement of workers was concluded with Spain in January 2002 and ratified in July 2002. Agreements with Portugal and Luxembourg, signed in 2001, have subsequently been ratified. In August 2002 Romania adopted a law intended to transpose the acquis regarding organization and developing of certain economic activities by natural persons. Also in August 2002, the decision was taken to establish an Information and Documentation Centre for Migrant Workers within the Office for Labour Migration. The new Office will be responsible for the dissemination of information on Romanian and Community legislation.

With regard to the future co-ordination of social security systems, in November 2001, Romania signed an agreement on the export of social security benefits with the Netherlands, which was ratified in July 2002. In May 2002 it signed the European Social Security Code, which still has to be ratified by Parliament.

Overall assessment

Measures to ensure mutual recognition of professional qualifications and diplomas should be intensified, and the introduction of the necessary administrative structures and education and training programmes accelerated. The compliance with the acquis of the recently adopted legislation on the mutual recognition of qualifications for doctors, nurses, dentists, midwives and pharmacists needs further assessment. Shortcomings identified in the curricula and training for these professions need to be overcome. It is important that appropriate provisions are in place to allow midwives to work autonomously. With respect to professional qualifications obtained before harmonisation, Romania should introduce measures to ensure that all its professionals can, as from accession, meet the requirements laid down by the directives.

By accession, it has to be ensured that all Romania`s legislation is aligned with Community rules, in particular with respect to nationality, residence and language requirements. Legislation on mutual recognition will need to include simpler procedures to allow the provision of services. Romania should continue efforts to bring legislation in line with Community acquis in the area of right of residence. Romania should also amend the law on aliens` status to ensure full compliance with the acquis in this area. Preparations to align with the acquis on voting rights upon accession should continue.

Although some progress has been made with respect to equal treatment and work permits, further alignment with the acquis is needed. A clarification of existing arrangements is needed with regard to the employment and residence of migrant workers and their families as well as visa and residence requirements for self-employed persons.

Further progress is necessary to strengthen public employment services with a view to future participation in the European Employment Services (EURES) network. Particular emphasis should be placed on language training for staff.

As regards future co-ordination of social security systems, the development of sufficient administrative structures, in particular in relation to the training and recruitment of additional staff, is needed in order to apply Community provisions on social security from accession. Romania 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 Community provisions from accession, in particular in the health care field. Romania is encouraged to conclude further bilateral social security agreements, in particular with Member States, as these normally rely on the same principles as the Community rules in this field.

Conclusion

In its 1997 Opinion, the Commission concluded that without a major effort to harmonise legislation and set up and strengthen implementing structures in this field, it would not be possible to achieve recognition for Romanian diplomas and qualifications in the Community in the medium term. The Commission noted that the acquis had not been transposed, and that the situation was further exacerbated by the fact that institutions had not been set up to certify diplomas and implement the acquis.

Since the Opinion, limited progress has been made. The legislative framework remains inadequate but is now at a stage where the foundations for future progress have been laid. Bilateral agreements on access to labour markets have been signed or are being negotiated with a majority of EU Member States and elements of the administrative infrastructure have been put in place.

Negotiations on this chapter continue. Romania has not requested any transitional arrangements in this area. Romania 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 Romania 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.

Romania should focus further efforts on addressing shortcomings identified in the area of mutual recognition, in particular with respect to curricula and training. Romania is in the process of establishing the required administrative structures and these efforts will need to be maintained. It will also need to prepare, in good time, to meet the financial and administrative obligations which will result from application of the rules on co-ordination of social security.

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