Employment Permits Act 2003

Non-application of section 2 to nationals of certain states.

3

3.—(1) In addition to the persons to whom, by virtue of subsection (10) of section 2 , that section does not apply, that section shall not, subject to subsection (3), apply to a national of a state to which this section applies if—

( a) that state becomes a member of the European Union after the passing of this Act, and

( b) Articles 1 to 6 of Council Regulation (EEC) No. 1612/68 of 15th October 1968 on freedom of movement for workers within the Community 1 do not apply to that state in accordance with the Treaty of Accession.

(2) This section applies to the following states, namely, the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Poland, the Republic of Slovenia and the Slovak Republic.

(3) If, in the opinion of the Minister, the labour market is experiencing or is likely to experience a disturbance, then, notwithstanding subsection (1), the Minister may, during the transitional period, make an order providing that section 2 shall apply to a national of a state to which this section applies during a specified period or periods within the transitional period and if he or she does so, that section shall apply in accordance with the order.

(4) An order under this section shall not apply to a national of a state specified in the order if that person has been in employment in the State for a period of not less than 6 weeks immediately before the commencement of the order and has been in receipt of remuneration for such employment.

(5) The Minister may by order amend or revoke an order under this section.

(6) In this section, unless the context otherwise requires—

“disturbance” shall be construed in accordance with the Treaty of Accession;

“labour market” shall be construed in accordance with the Treaty of Accession;

“transitional period”, in relation to a state to which this section applies, shall be construed in accordance with the Treaty of Accession;

“Treaty of Accession” means any treaty between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union.

1 O.J. No. L257, 19.10.68, p.2