COUNCIL RESOLUTION of 9 February 1976 on an action programme for migrant workers and members of their families

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaties establishing the European Communities,

Whereas the Council resolution of 21 January 1974 concerning a social action programme (1) provides, among the measures to be adopted during a first stage covering the period from 1974 to 1976, for the establishment of an action programme for migrant workers and members of their families;

Whereas, following the Council resolution of 21 January 1974, the Commission submitted to the Council a communication on an action programme for migrant workers and their families on which the European Parliament and the Economic and Social Committee have given their opinions;

Whereas the prime objective, already stated in the Council resolution of 21 January 1974, is to enable workers who are nationals of Member States to find employment in their own region ; whereas, however, pending the economic and social development of the regions from which they come it is necessary to improve the conditions of freedom of movement for such workers and for members of their families and to seek appropriate solutions with a view to eliminating progressively such unwarranted restrictions on their rights as may still exist under Community Regulations in force;

Whereas it is also necessary to strengthen the measures designed to humanize further freedom of movement for workers who are nationals of Member States, which, although it constitutes a basic right, can nevertheless involve serious difficulties when they and members of their families find themselves confronted, lacking adequate assistance, with the problems arising in the various stages of migration;

Whereas it is also necessary to improve the circumstances of workers who are nationals of third countries and members of their families who are allowed into the Member States, by aiming at equality between their living and working conditions, wages and economic rights and those of workers who are nationals of the Member States and members of their families;

Whereas it is necessary to promote consultation on migration policies vis à vis third countries and to examine, where appropriate, problems facing workers who are nationals of the Member States residing in third countries;

Whereas the actions to be taken in favour of migrant workers and members of their families must accord with activities concerning consultation on the employment and social protection policies of Member States;

Whereas it is necessary to implement this resolution in accordance with the guidelines laid down in the Council resolution of 21 January 1974;

Whereas, when the actions provided for in this resolution are implemented, account should be taken of the policies and conditions peculiar to each Member State and, in particular, of the differing extent and the differing characteristics of the migratory movements and of the numbers and density of the migrant populations, 1. Takes note of the Commission communication on an action programme for migrant workers and their families,

2. Considers that in the Community's present economic and social situation action in favour of migrant workers and members of their families should concentrate on the improvement of the circumstances of migrant workers and members of their families within the Member States, and in particular on measures which will: (a) continue and enhance the humanization of freedom of movement for workers provided for in Articles 48 to 51 of the Treaty establishing the European Economic Community by means of appropriate measures designed to promote, in accordance with the rights deriving from Community acts (1) OJ No C 13, 12.2.1974, p. 1. in force, genuine equality of treatment with national workers and taking into account all the requirements arising in the various stages of migration.

These shall include, in particular: (i) taking whatever organizational steps are appropriate to, and strengthening cooperation between, national employment services, particularly as regards official machinery for vacancy clearance, in order to encourage as many migrant workers as possible to use these services,

(ii) offering appropriate assistance to migrant workers and members of their families to facilitate their integration in the host country, particularly by improving the social infrastructure and making more information available, and by encouraging them to take advantage of the official services available to nationals.

(iii) providing, during the stages of return to and reintegration into the country of origin, as part of the collaboration between the host country and the country of origin, appropriate assistance to those migrant workers and members of their families wishing to resettle in their country of origin;

(b) seek appropriate solutions with a view to eliminating progressively such unwarranted restrictions on the rights of workers who are nationals of other Member States and members of their families as may still exist under Community Regulations in force;

(c) encourage the achievement of equality for workers who are nationals of third countries and members of their families who are legally resident in the Member States, with regard to living and working conditions, wages and economic rights;

3. Considers that with a view to promoting the social and occupational advancement of migrant workers and members of their families, particular importance should be attached to measures concerning vocational training, housing, social services, medical and social care schemes including preventive medicine, scholling of children, information, and the creation of a better understanding among the general public of the host country of the problems of migrant workers and members of their families;

4. Expresses the wish that the work being carried out to implement point 11 to the communiqué of the Conference of Heads of Government held in Paris on 9 and 10 December 1974, concerning the granting of special rights to citizens of the Member States, will be expedited;

5. Considers that it is important to: (a) undertake appropriate consultation on migration policies vis à vis third countries,

(b) strengthen cooperation between Member States in the campaign against illegal immigration of workers who are nationals of third countries and ensure that appropriate sanctions are laid down to repress trafficking and abuses linked with illegal immigration and that the obligations of employers are fulfilled and the rights of workers relating to the work they have carried out safeguarded without prejudice to other consequences of the unlawful nature of their residence and employment;

6. Considers that the social problems arising for workers who are nationals of the Member States and resident in certain third countries and for members of their families should be examined as necessary;

7. Expresses the political resolve that the measures referred to in this Resolution be implemented, with account being taken of the competence of the Community institutions on the one hand and that of the Member States on the other;

8. Considers that future developments of this resolution should be examined in the framework of the implementation of the Council resolution of 21 January 1974.