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towns are school-age children (Collectif National Droits de l’Homme Romeurope,
Rapport 2009-2010 sur la situation des Roms migrants en France, footnote No. 162,
p.98).
29.
The Committee underlines that, as EU citizens, migrant Roma of Romanian and
Bulgarian origin have the right to enter the French territory and the right to reside in
France for up to three months without any conditions or any formalities other than the
requirement to hold a valid identity card or passport (Directive 2004/38/EC of the
European Parliament and of the Council 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, Art. 6). After three months, their right of residence continues only if they
are workers or self-employed persons, have student status or have sufficient resources
for themselves and their family members not to become a burden on the social
assistance system of the host member state and have medical insurance. With regard to
the access to the labour market and the freedom of movement, Romanian and Bulgarian
citizens are subjected to restrictive measures during a transitional period running from
the date of the membership to the European Union by their countries of nationality (to
1 January 2014). Since 2007, the jobs accessible to nationals of the new member states
have been specified in a list of 150 occupations in seven economic sectors. In addition,
employers taking on a worker from a new state party had to pay until 26 August 2012 a
tax of € 893. Therefore, access to formal employment in France is for these nationals
being particularly difficult, therefore they have very limited income and, as a
consequence, lose their right of residence. The Committee highlights also that, among
the migrant Roma, some reside lawfully or work regularly in France, even if they are only
a small proportion of the 15.000 to 20.000 migrant Roma living in France.
30.
The Committee notes the interministerial Circular NOR INTK 1233053C of
26 August 2012 which announces, in particular, the abolition, with immediate effect, of
the tax that employers had to pay as well as the promise to enlarge the list of
occupations open to Romanian and Bulgarian citizens. The Committee also notes the
announcement made by the Government on 22 August 2012 according to which the
Government will examine the possibility of abolishing the transitional measures limiting
access to the French labour market for Romanian and Bulgarian citizens. Since, on the
one hand the impact of the suppression of the tax on the access to official employment
in France for Romanian and Bulgarian citizens cannot be established at the day of the
present decision and, on the other hand, the other measures have not yet been
implemented, the Committee considers that the situation of the Romanian and Bulgarian
citizens remains that as described above.
31.
The Committee notes that, in the complaint, Médecins du Monde does not
differentiate between migrant Roma of Romanian and Bulgarian origin lawfully residing
on the French territory and those who are in an irregular situation.