FABACB ( 3 )
\C)
EC Aspects
(i) ACCESS TO EC
6.
Under EC law, employed and self-employed workers, their dependents and those seeking work are free to move between member states and have rights of residence throughout the EC, subject to limitations justified on grounds of public policy, public security or public health and those transitional provisions contained in the Spanish and Portuguese Treaty of Accession. However, there is no general "right of residence" for those who are not "economically active".
7. Under the transitional provisions of the Spanish and Portuguese Treaty of Accession, provisions governing the free movement of labour do not come into effect until 1 January 1993. UK nationals (and nationals of other member states) require a work permit to work in Portugal (and in Spain), and vice versa. Portuguese (and Spanish) visitors to the UK are routinely questioned at points of entry to establish whether they are genuine visitors or are attempting to work without a work permit.
(ii) CONTACTS WITHIN THE EC
8. During and after the Portuguese EC Accession negotiations we approached the Portuguese both in Lisbon and in Brussels in an attempt to persuade them to make a declaration limiting the definition of Portuguese nationals for EC purposes to citizens of the European Territory of Portugal. The Foreign Secretary raised the matter with the Portuguese Foreign Minister in 1985. The Portuguese replied that their constitution did not permit a distinction between different classes of Portuguese nationals. were, however, able to secure the agreement of EC partners and Portugal to a statement in the conclusions of the negotiating conference that further consideration of the status of residents of Macao would probably be necessary. The matter has been raised on a number of occasions bilaterally since then. In October 1985 the
We