A Member State referred to in the first subparagraph may, in urgent
and exceptional cases, suspend the application of Articles 1 to 6 of
Regulation (EEC) No 1612/68, followed by a reasoned ex-post notifi-
cation to the Commission.
8.
As long as the application of Articles 1 to 6 of Regulation (EEC)
No 1612/68 is suspended by virtue of paragraphs 2 to 5 and 7 above,
Article 11 of the Regulation shall apply in Slovakia with regard to
nationals of the present Member States, and in the present Member
States with regard to Slovak nationals under the following conditions:
— the members of a worker's family referred to in Article 10(1)(a) of
the Regulation, legally residing with the worker in the territory of a
Member State at the date of accession, shall have, upon accession,
immediate access to the labour market of that Member State. This
does not apply to family members of a worker legally admitted to
the labour market of that Member State for a period of less than
12 months;
— the members of a worker's family referred to in Article 10(1)(a) of
the Regulation, legally residing with the worker in the territory of a
Member State from a date later than the date of accession, but
during the period of application of the transitional provisions laid
down above, shall have access to the labour market of the Member
State concerned once they have been resident in the Member State
concerned for at least eighteen months or from the third year
following the date of accession, whichever is the earlier.
These provisions shall be without prejudice to more favourable
measures whether national or resulting from bilateral agreements.
9.
Insofar as certain provisions of Directive 68/360/EEC may not be
dissociated from those of Regulation (EEC) No 1612/68 whose
application is deferred pursuant to paragraphs 2 to 5 and 7 and 8,
Slovakia and the present Member States may derogate from those
provisions to the extent necessary for the application of paragraphs
2 to 5 and 7 and 8.
10.
Whenever national measures, or those resulting from bilateral
agreements, are applied by the present Member States by virtue of the
transitional provisions laid down above, Slovakia may maintain in force
equivalent measures with regard to the nationals of the Member State
or States in question.
11.
If the application of Articles 1 to 6 of Regulation (EEC)
No 1612/68 is suspended by any of the present Member States,
Slovakia may resort to the procedures laid down in paragraph 7
with respect to the Czech Republic, Estonia, Latvia, Lithuania,
Hungary, Poland or Slovenia. During any such period work permits
issued by Slovakia for monitoring purposes to nationals of the Czech
Republic, Estonia, Latvia, Lithuania, Hungary, Poland or Slovenia shall
be issued automatically.
12.
Any present Member State applying national measures in
accordance with paragraphs 2 to 5 and 7 to 9, may introduce,
under national law, greater freedom of movement than that existing at
the date of accession, including full labour market access. From the
third year following the date of accession, any present Member State
applying national measures may at any time decide to apply Articles 1
to 6 of Regulation (EEC) No 1612/68 instead. The Commission shall be
informed of any such decision.
13.
In order to address serious disturbances or the threat thereof in
specific sensitive service sectors on their labour markets, which could
arise in certain regions from the transnational provision of services, as
defined in Article 1 of Directive 96/71/EC, and as long as they apply,
by virtue of the transitional provisions laid down above, national
measures or those resulting from bilateral agreements to the free
movement of Slovak workers, Germany and Austria may, after
notifying the Commission, derogate from the first paragraph of
Article 49 of the EC Treaty with a view to limit in the context of
the provision of services by companies established in Slovakia, the
temporary movement of workers whose right to take up work in
Germany and Austria is subject to national measures.
The list of service sectors which may be covered by this derogation is
as follows:
— in Germany:
Sector
NACE (
1
) code, unless otherwise
specified
Construction, including related
branches
45.1 to 4;
Activities listed in the Annex to
Directive 96/71/EC
Industrial cleaning
74.70 Industrial cleaning
Other Services
74.87 Only activities of interior
decorators
— in Austria:
Sector
NACE (
1
) code, unless otherwise
specified
Horticultural service activities
01.41
Cutting, shaping and finishing of
stone
26.7
Manufacture of metal structures
and parts of structures
28.11
Construction, including related
branches
45.1 to 4;
Activities listed in the Annex to
Directive 96/71/EC
Security activities
74.60
Industrial cleaning
74.70
Home nursing
85.14
Social work and activities without
accommodations
85.32
EN
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Official Journal of the European Union
23.9.2003
To the extent that Germany or Austria derogate from the first
paragraph of Article 49 of the EC Treaty in accordance with the
preceding
subparagraphs,
Slovakia
may,
after
notifying
the
Commission, take equivalent measures.
The effect of the application of this paragraph shall not result in
conditions for the temporary movement of workers in the context of
the transnational provision of services between Germany or Austria
and Slovakia which are more restrictive than those prevailing on the
date of signature of the Treaty of Accession.
14.
The effect of the application of paragraphs 2 to 5 and 7 to 12
shall not result in conditions for access of Slovak nationals to the
labour markets of the present Member States which are more restrictive
than those prevailing on the date of signature of the Treaty of
Accession.
Notwithstanding the application of the provisions laid down in
paragraphs 1 to 13, the present Member States shall, during any
period when national measures or those resulting from bilateral
agreements are applied, give preference to workers who are nationals
of the Member States over workers who are nationals of third countries
as regards access to their labour market.
Slovak migrant workers and their families legally resident and working
in another Member State or migrant workers from other Member
States and their families legally resident and working in Slovakia
shall not be treated in a more restrictive way than those from third
countries resident and working in that Member State or Slovakia
respectively.
Furthermore,
in
application
of the
principle
of
Community preference, migrant workers from third countries
resident and working in Slovakia shall not be treated more favourably
than nationals of Slovakia.
(
1
) NACE: see 31990 R 3037: Council Regulation (EEC) No 3037/90 of
9 October 1990 on the statistical classification of economic activities in the
European Community (OJ L 293, 24.10.1990, p. 1), as last amended by
32002 R 0029: Commission Regulation (EC) No 29/2002 of 19.12.2001
(OJ L 6, 10.1.2002, p. 3).
2. FREEDOM TO PROVIDE SERVICES
31997 L 0009: Directive 97/9/EC of the European Parliament and of
the Council of 3 March 1997 on investor-compensation schemes (OJ L
84, 26.3.1997, p. 22).
By way of derogation from Article 4(1) of Directive 97/9/EC, the
minimum level of compensation shall not apply in Slovakia until
31 December 2006. Slovakia shall ensure that its investor-compen-
sation scheme provides for cover of not less than EUR 10 000 until
31 December 2004, of not less than EUR 13 000 from 1 January 2005
until 31 December 2005, and of not less than EUR 16 000 from
1 January 2006 until 31 December 2006.
During the transitional period the other Member States will retain the
right to prevent a branch of a Slovak investment firm established on
their territories from operating unless and until such a branch has
joined an officially recognised investor-compensation scheme within
the territory of the Member State concerned in order to cover the
difference between the Slovak level of compensation and the
minimum level referred to in Article 4(1).
3. FREE MOVEMENT OF CAPITAL
Treaty on European Union;
Treaty establishing the European Community.
Notwithstanding the obligations under the Treaties on which the
European Union is founded, Slovakia may maintain in force for
seven years from the date of accession the rules regarding the
acquisition by non-residents of agricultural land and forests laid
down in Foreign Exchange Act No. 202/1995 Coll. and in Act
No. 229/1991 Coll. on Ownership of Land and Agricultural
Property, as amended. In no instance may a national of a Member
State be treated less favourably in respect of the acquisition of agri-
cultural land and forests than at the date of signature of the Accession
Treaty or be treated in a more restrictive way than a national of a third
country.
Nationals of the other Member States who want to establish themselves
as self-employed farmers and who have been legally resident and active
in farming in Slovakia for at least three years continuously, shall not be
subject to the provisions of the preceding paragraph or to any
procedures other than those to which nationals of Slovakia are subject.
A general review of these transitional measures shall be held before the
end of the third year following the date of accession. To this effect, the
Commission shall submit a report to the Council. The Council may,
acting unanimously on a proposal from the Commission, decide to
shorten or terminate the transitional period indicated in the first
paragraph.
Should Slovakia introduce authorisation procedures for the acquisition
of real estate in Slovakia by non-residents during the transitional
period, they shall be based on transparent, objective, stable and
public criteria. These criteria shall be applied in a non-discriminatory
manner and shall not differentiate between nationals of Slovakia and of
other Member States.
If there is sufficient evidence that, upon expiry of the transitional
period, there will be serious disturbances or a threat of serious distur-
bances on the agricultural land market of Slovakia, the Commission, at
the request of Slovakia, shall decide upon the extension of the transi-
tional period for up to a maximum of three years.
EN
23.9.2003
Official Journal of the European Union
917