CHAPTER IEMPLOYMENT, EQUAL TREATMENT AND WORKERS’ FAMILIES
SECTION 1 Eligibility for employment
Article 3
1.
Under this Regulation, provisions laid down by law, regulation or administrative action or administrative practices of a Member State shall not apply:
(a)
where they limit application for and offers of employment, or the right of foreign nationals to take up and pursue employment or subject these to conditions not applicable in respect of their own nationals; or
(b)
where, though applicable irrespective of nationality, their exclusive or principal aim or effect is to keep nationals of other Member States away from the employment offered.
The first subparagraph shall not apply to conditions relating to linguistic knowledge required by reason of the nature of the post to be filled.
2.
There shall be included in particular among the provisions or practices of a Member State referred to in the first subparagraph of paragraph 1 those which:
(a)
prescribe a special recruitment procedure for foreign nationals;
(b)
limit or restrict the advertising of vacancies in the press or through any other medium or subject it to conditions other than those applicable in respect of employers pursuing their activities in the territory of that Member State;
(c)
subject eligibility for employment to conditions of registration with employment offices or impede recruitment of individual workers, where persons who do not reside in the territory of that State are concerned.