Ad-Hoc Query on Council Directive 2004/38/EC of 29 th April Requested by CY EMN NCP on 28 th June 2011

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1 Ad-Hoc Query on Council Directive 2004/38/EC of 29 th April 2004 Requested by CY EMN NCP on 28 th June 2011 Compilation produced on 1 st November 2011 Responses from Austria, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Netherlands, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, United Kingdom plus Norway (19 in Total) Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does not necessarily represent the official policy of an EMN NCPs' Member State. 1. Background Information According to Article 7, paragraph (1), point (a) of the Council Directive 2004/38/EC of 29 April 2004 on the Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, union citizens shall have the right of residence on the territory of another member state for a period of longer than three months if they are workers or self-employed persons in the host member state. Page 1 of 6

2 Following the administrative formalities declared in Article 8, paragraph 3 of the directive, it is foreseen that for a registration certificate to be issued for the above persons, workers and self-employed persons present a valid ID or passport and respectively a confirmation of engagement from the employer or a certificate of employment (workers) and a proof that they are self-employed persons (self-employed persons). The respective provision in the national legislation N. 7(I)/2007 was transposed as article 10, paragraph (4), point (a) and provides that workers and self-employed persons should respectively present, beyond an ID or passport, a confirmation of engagement from the employer or a certificate of employment (workers) and a registration certificate as self-employed persons from the Social Security Services (self-employed persons). Questions 1. Is a minimum standard of a wage or salary taken into consideration for workers for the registration certificate to be issued? What if a payment below these minimum wages/salaries or collective agreements is stated? 2. What kind of proof does the national legislation of other member states provide to be presented by self-employed persons? 2. Responses Wider Dissemination? Austria No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. Estonia Yes 1. No, there is no minimum salary requirement for EU citizens. 2.An EU citizen acquires a temporary right of residence in Estonia by registering his or her address in Estonia in the population register Finland Yes 1. No but employment in Finland should be proven by means of payslips or other. If registration is issued upon employment in Finland, employment contract should be valid for more than three months. 2. When registering his or her right to reside in Finland, the self-employed person must present a certificate of the registration of a trade or other reliable account of self-employment.

3 Germany Yes 1. No. The right to freedom of movement extends to any EU citizen who wants to reside in Germany as an employee. 2.Pursuant to paragraph 5a of the Law on the Freedom of Movement of Union Citizens, an EU citizen who has settled in Germany as a self-employed person, may be required (in addition to his valid passport or identity card) to present a proof of his or her self-employed status. This proof can be provided, for example, in form of the business registration and the tax identification number issued by the competent tax authority. Greece Yes 1. There is no minimum standard of wage or salary taken into consideration for workers for the registration certificate. In our case, according to Presidential Degree no. 106/07, with which Directive 2004/38 was integrated to national law, in order to be issued a registration certificate for workers, EU nationals must appear in person at the local police authority of their residence s area and provide the following: 1. Passport or any valid residence permit, and 2. Certificate of engagement by his/her employer proving the exercise of salaried activity or any other attestation/document that certificates existing working relation (e.g. Formal declaration of the employer). 2. According to the above mentioned legislation, in case of self-employment EU nationals, is required: 1. Passport or any valid residence permit, and 2. Any kind of document that proves exercise of independent economic activity by him/her. For example, relevant evidence from the competent social security agency or/and tax office. Hungary Yes 1. EEA nationals shall be required to register if wishing to exercise their right of residence for periods of longer than three months within ninety- three days from the time of entry by communicating their personal data. At the time of registration EEA nationals shall produce or enclose the documents to certify compliance with the requirements prescribed in specific other legislation for residence. Upon evidencing compliance with the requirements prescribed in this Act the competent authority shall issue a certificate for the registration of residence ( registration certificate ) immediately. To get a registration certificate, the condition for EEA citizen shall be the following. The applicant has to make a statement that he or she has sufficient means of subsistence and financial resources to cover their accommodation costs for the duration of the intended stay. There is no minimum standard. Ireland Yes Union citizens are not required to register with the Irish authorities. After 5 years residence, Union citizens may apply for a permanent residence certificate in accordance with Article 16 of Directive 2004/38/EC. Italy Yes 1. Yes. It has to be at least equal to the annual minimum social salary. Otherwise, the registration certificate cannot be issued. 2. The beneficiary has to provide competent documentation of his/her income.

4 Latvia Yes 1. Latvia legislative acts regulating entry and residence of EU citizens do not require any minimum salary. A salary amount indicated in a work agreement should correspond to the minimum salary level, stipulated in the Cabinet of Ministers Regulations on minimum salary in the country. 2. Self-employed persons should not provide any documents regarding their income; they only have to declare that they will have sufficient resources for themselves and their family members. Amount of these resources has not been set in the legislative acts. Lithuania Yes 1. There is no minimum standard established for the EU citizens. Every case is examined individually. 2. There is no exhaustive list established for possible proofs. There could be a certificate of individual activity (issued by tax authorities, when a person decides to work individually), or a certificate of registered enterprise, or any other document confirming that the person is engaged in some sort of economic activity. Netherlands Yes 1. There is no minimum standard of a wage or salary taken into consideration for workers for the registration certificate to be issued. Workers are registrated if their labour is effective and genuine. Effective and genuine labour is interpreted according to the jurisprudence of the Court of Justice of the European Union. 2.If a self-employed worker wants to registrate, he is obliged to hand over a certificate of recording in the trade register and a proof of the fact that he performs effective and genuine labour in the Netherlands and not just marginal and incidental labour. For example a balancesheet, a profit and loss account, monthly statements of business results or, if these documents are not available, a prognosis that is drafted by an accountant or financial advisor. Portugal Yes 1. Minimum wage is not a strict formal criteria for this purpose. Sufficient resources condition is evaluated on a case by case basis. Romania Yes 1. Registration of residence as employed person does not provide for the fulfillment of a certain condition regarding the minimum salary. To be registered in this purpose it is compulsory to show a work contract, original and copy, concluded according to the law. To be valid a work contract must respect the provisions of the law in this area, including those on salaries. 2. For registration of residence as self- employed person, the EU citizens are obliged to show the proof they are doing that activity according to the law. The proof may consist of an authorization/ notification/approval issued by the competent authority. Slovak Republic Yes 1. No, the Slovak Republic does not consider this.

5 2. An EEA citizen must submit only travel document and document on the accommodation in Slovakia when applying for a first permit. No other proofs are needed. For more information see: Slovenia Yes 1. No, means of subsistence are not checked in case of workers and self-employed. 2. Valid ID or passport, proof of being self-employed, valid work permit (if required). Spain Yes 1. No. According to article 7 of Spanish Regulation approved by Royal Decree 240/2007 of 16 February regarding the transposition of the above mentioned directive, EU citizens are not required any minimum wage or salary in order to obtain a registration certificate. EU citizens (and EEA and Swiss citizens) must apply personally registration in the Central Register of Foreigners. The application must be submitted at the Immigration Office of the province where the stay or take up residence or, failing that, to the Police Station. Such application shall be submitted within three months from the date of entry into Spain, and immediately they will be issued a certificate of registration which shall contain the name, nationality and address of the registered person, the foreigner identification number (in Spain, NIE) and the date of registration. Along with the application form, the applicant must present their passport or national identity document valid and in force. 2.As mentioned before, according to Spanish Regulation approved by Royal Decree 240/2007 of 16 February, EU citizens are not required to present any proof of being self-employed persons to obtain the certificate of registration (nevertheless, self-employed persons must register themselves in the Social Security System as in employment). Sweden Yes 1. No minimum standard of a wage or salary is taken into consideration. The only consideration is that the activities are regarded as effective and genuine work. 2. The enterprise must not have started or given results, but the self-employed person must show that he/she is planning and preparing for this. If there already is an enterprise registered, it must be shown that it is currently active. There are no list of documents always needed but to proof that there are plans or that there are an existing enterprise the self-employed can show e.g. - Tax certificates, - Registration certificate for the company - Marketing plan for the company - Lease agreement for premises necessary for the company s operations - Invoices from the company - VAT accounts etc.

6 United Kingdom Yes 1. There is no minimum standard of wage or salary taken into account. Each case is assessed on its merits. The level of wages are taken into account along with the number of hours worked and working pattern in order to assess if the work is genuine and effective. Although there is no set standard a low level of wages may lead to the work being considered to be marginal and ancillary and therefore lead to the applicant not being considered as a worker for the purposes of the Directive. 2. There is no set list of documents that are required to submit given that the Directive does not itself give a list and so it is open to the applicant to provide whatever documents they believe prove that they are self-employed. Our application forms give advice on the preferable types of documents that can b provided and suggest the following: - Invoices or receipts - Accountant s letter s - Proof of registration with HMRC - Business bank statements - Lease on business premises if applicable - Inland Revenue self-assessment forms. Having such evidence then makes it easier or caseworkers to assess that the applicants genuinely self-employed. Norway Yes 1. There is no minimum pay legislation in Norway, but in some sectors/activities it has been made compulsory to pay according to the wages fixed in collective agreements between workers and employers organizations. 2.When registering as employee or self employed the EU-citizen will have to present proof of employment from an employer, proof of registration of a business with the Norwegian business registration authorities, or a contract with a Norwegian firm/institution (for service providers located in a EU member state). The proof of employment should document pay and hours of work. For further information see ************************