Background:

The ad hoc query was launched after the European Commission sent a letter of formal notice to Luxemburg. The Commission considered that Luxembourg had gone beyond the requirements of the Directive by providing that a third-country national who intends to stay in Luxembourg for a period of up to three months may be obliged to undergo a medical examination in Luxembourg and that a third-country national who wishes to stay in Luxembourg for more than three months shall undergo a medical examination in Luxembourg before his or her residence permit is issued.

The Commission also considered that Luxembourg did not correctly transpose Article 23 (1) e) of the Directive, which states that seasonal workers are entitled to equal treatment with nationals of the host Member State in respect of access to and supply of goods and services, other than housing, without prejudice to the freedom of contract in accordance with Union and national law.

Similarly, in April 2023, the Commission sent a letter of formal notice to Belgium for the incorrect transposition of the same Directive.

Respondents:

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain and Sweden answered the questions included in this ad hoc query.

Findings:

Here are some findings based on the compilation of answers: 

• Most Member States do not require third-country nationals who intend to stay on the territory for a period not exceeding 90 days to undergo a medical examination. Nonetheless, some countries (BE, BG, LU and ES) may impose this obligation. In these countries, the obligation to undergo a medical examination also applies to seasonal workers, even if their stay does not exceed 90 days. In the case of BE and ES, this medical examination does not necessarily have to be carried out after entry into the territory, while, in the case of BG and LU, it does.

• While most Member States do not require third-country nationals who intend to stay on the territory for a period exceeding 90 days to undergo a medical examination, BE, BG, CY, EL, ES, FR, LU, NL and SK may impose this obligation. In all of these countries, this obligation applied to seasonal workers. Some countries, such as EE, reported that medical examinations depended on the sector, not necessarily the nationality.

• With regard to the equal treatment clause of the seasonal workers Directive, the answers were very diverse. Many countries, such as HR, indicated that they had directly transposed the clause into their national legislation. Other countries, such as BE, did not directly transpose the clause but included this category in more general legislation.

For further details, please read the compilation of answers attached above.