L 20722 Official Journal of the European Union 12.8.2011 COMMISSION DECISION of 11 August 2011 authorising Spain to temporarily suspend the application of Articles 1 to 6 of Regulation (EU) No 492/2011 of the European Parliament and of the Council on freedom of movement for workers within the Union with regard to Romanian workers (2011/503/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to the Act of Accession of Bulgaria and Romania ('), and in particular Article 23 paragraph 7 second subparagraph of Annex VII, Part 1 ‘Freedom of movement for persons, thereof, Having regard to the request from Spain of 28 July 2011, Whereas: Spain has been fully applying Articles 1 to 6 of Regu- lation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (}) to Romanian nationals since 1 January 2009. Regulation (EEC) No 1612/68 was codified and replaced by Regulation (EU) No 4922011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (’) , which entered into force on 16 June 2011. With reference to a serious disturbance of the Spanish labour market, Spain notified the Commission on 22 July 2011, pursuant to paragraph 7 third subparagraph of Annex VII Part 1 of the 2005 Act of Accession, that it had decided on that day to re-introduce restrictions on labour market access for Romanian workers, notably because of the need to take immediate action in view of the seasonal situation in the agricultural sector in the summer; otherwise the danger of an increase in the number of arrivals of Romanian workers while awaiting a Commission Decision, pursuant to paragraph 7 second subparagraph of that Annex VII, would endanger the very effectiveness of the re- introduced restrictions. At the same time, the Spanish government submitted a reasoned ex-post notification with supporting information as to the labour market disturbance. () OJ L 157, 21.6.2005, p. 203. () OJ L 257, 19.10.1968, p. 2. English Special Edition Series I Chapter 1968(1l) p. 475. () OJ L 141, 27.5.2011, p. 1. G) By letter of 28 July 2011, pursuant to paragraph 7 second subparagraph of Annex VII to the 2005 Act of Accession, Spain followed up the notification of 22 July 2011, requesting the Commission to state that Articles 1 to 6 of Regulation (EU) No 492/2011 be wholly suspended in respect of Romanian workers throughout Spain and in all sectors of the labour market and that the Decision to be taken should be reviewed by 31 December 2012. Spain justifies its request by reference to the current serious disturbance in the labour market in Spain, in particular the unprecedented fall in the level of employment following the economic recession that started in 2008 which has resulted in a large increase in the level of unemployment with the unemployment rate currently exceeding 20 % and the difficulty to re- create a substantial number of jobs in the short-term. Spain states that the disturbance in the Spanish labour market, which seriously threatens the level of employment, is of a general nature and not limited to a particular region or sector. Spain also justifies its request with the following elements: the decrease in the employment rate of Romanian nationals in Spain; the steady rise of unem- ployment and the high increase in the number of Romanian nationals resident in Spain which occurred despite the adverse evolution of the labour market in Spain and which had an impact on the capacity of Spain to absorb new inflows of workers. Paragraph 7 of Annex VII Part 1 of the 2005 Act of Accession constitutes a safeguard clause, the purpose of which is to allow a Member State that already fully applies Articless 1 to 6 of Regulation (EU) No 492/2011 to workers, who are concerned by the transi- tional arrangements of that Annex, and that undergoes or foresees a serious labour market disturbance to re- impose restrictions on the free movement of workers in order to restore to normal the disturbed labour market situation in a given region or occupation. Paragraph 7 of Annex VII Part 1 of the 2005 Act of Accession provides for two connected procedures: the normal procedure under paragraph 7 second subparagraph and the wurgent procedure under paragraph 7 third subparagraph. While the procedure