Micheál Martin (Cork South Central, Fianna Fail)

The European Commission report of 26 September 2006 stated that Bulgaria and Romania will be in a position to join the EU on 1 January 2007, as long as they address a number of outstanding issues. The European Council of Foreign Ministers will decide at its meeting on 16 October whether accession should go ahead on 1 January 2007. The treaties of accession provide for the following transitional arrangements. During phase 1, in 2007-08, member states may liberalise access to their labour markets or continue to require nationals of Bulgaria and Romania to hold employment permits. Member states must notify the Commission before the end of 2008 of whether they plan to continue the restrictions for a further three years during phase 2. During phase 3, in 2012-13, the transitional measures which restrict access should, in principle, cease to be applied. However, in the case of a serious disturbance to its labour market or a threat thereof, a member state may continue to apply restrictions for a further two years.

The Government will make a decision on access to the Irish labour market of Bulgarian and Romanian nationals before the accession date, following consultations with the social partners. Contacts with the United Kingdom authorities have continued in recent weeks at prime ministerial and official levels. The Employment Permits Act 2006, which was signed by the President in June, provides the legal basis for three options. Nationals of Bulgaria and Romania who wish to participate in the Irish labour market during the first two years of transition will continue to require work permits with the current requirement for a labour market test to establish that the positions cannot be filled from within the European economic area or will be granted work permits on foot of a job offer without a labour market test, or will be allowed to participate without any requirement for a work permit.

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