Article 46: Movement of Skilled Community Nationals

  1.         Without prejudice to the rights recognised and agreed to be accorded by Member States in Articles 32, 33, 37, 38 and 40 among themselves and to Community nationals, Member States have agreed, and undertake as a first step towards achieving the goal set out in Article 45, to accord to the following categories of Community nationals the right to seek employment  in their jurisdictions:

(a)        University graduates; (b)        media workers;

(c)        sportspersons; (d)        artistes; and

(e)        musicians, recognised as such by the competent authorities of the receiving Member States.


  1.         Member States shall establish appropriate legislative, administrative and procedural arrangements to:

(a)        facilitate the movement of skills within the contemplation of this Article;

(b) provide  for  movement  of  Community  nationals  into  and  within  their jurisdictions without harassment or the imposition of impediments, including:

(i)         the elimination of the requirement for passports for Community nationals travelling to their jurisdictions;

(ii) the elimination of the requirement for work permits for Community nationals seeking approved employment in their jurisdictions;

(iii)        establishment  of  mechanisms  for  certifying  and establishing equivalency of degrees and for accrediting institutions;

(iv)       harmonisation and transferability of social security benefits.

  1.         Nothing in this Treaty shall be construed as inhibiting Member States from according Community nationals unrestricted access to, and movement within, their jurisdictions subject to such conditions as the public interest may require.
  1.         The Conference shall keep the provisions of this Article under review in order to:

(a) enlarge, as appropriate, the classes of persons entitled to move and work freely in the Community; and

(b)        monitor and secure compliance therewith.