No C 277/2 Official  Journal  of the  European  Communities 23.11.76 
II 
(Preparatory  Acts) 
COMMISSION 
Proposal  for a Council  Directive  on the harmonization  of laws  in the Member  States 
to combat  illegal  migration  and  illegal  employment 
(Submitted  by the Commission  to the Council  on 4 November  1976) 
THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  100  thereof, 
Having  regard  to the proposal  from  the Commission, 
Having  regard  to the  opinion  of the  European 
Parliament, 
Having  regard  to the  opinion  of the  Economic  and 
Social  Committee, 
Whereas,  as stated  in the preamble  to the Treaty,  the 
social  advancement  and  constant  improvement  in the 
living  and  working  conditions  of the  people  of 
Europe  constitutes  one  of  the  aims  of  the 
Community;  whereas  these  social  aims  involve  the 
full employment  of the workers  of the Member  States 
under  the best  conditions; 
Whereas  the illegal  employment  of non-Community 
workers  on the territory  of the Community  generally 
occurs  under  abusive  conditions  such  as 
discrimination  in remuneration,  misuse  of social 
security  laws  and  ignoring  the  provisions  in labour 
laws  on the  protection  of workers;  whereas  this 
is prejudicial  to the  employment  of all workers; 
whereas  it therefore  constitutes  an obstacle  to the 
achievement  of the  social  aims  of the  Community 
and, in particular,  the improvement  of the living  and 
working  conditions  which  the  Member  States  have 
recognized  the  need  to promote  as provided  for  in 
Article  117  of the Treaty; Whereas,  moreover,  in  view  of  the  growing 
interdependence  and  integration  of the  national 
labour  markets,  the measures  taken  by the Member 
States  individually  against  migration  for the purpose 
of illegal  employment,  or the  absence  of such 
measures,  inevitably  impinge  on the  effectiveness  of 
the measures  taken  by the  other.  Member  States; 
whereas,  in addition  to the  measures  within  the 
sphere  of  competence  of  the  Member  States 
themselves,  Community  action  is needed  to combat 
the illegal  employment  of non-Community  workers; 
Whereas,  in the  absence  of any  express  and  direct 
reference  to Community  action  in this  sphere  in the 
Treaty,  the  general  system  of the  Treaty  and  the 
means  set up therein  must  be invoked,  in this  case, 
the harmonization  of provisions  laid  down  by law, 
regulation  or administrative  action  in the  Member 
States  concerning  the prevention  and  suppression  of 
migration  for the purpose  of illegal  employment, 
HAS  ADOPTED  THIS  DIRECTIVE: 
Article  1 
1. The  aim  of this  Directive  shall  be to harmonize 
the legislation  of the Member  States: 
(a) in regard  to the  prevention  and  suppression  of 
the migration  and  the  employment  of workers, 
who do not enjoy  the rights  granted  by Article  48 
23.11.  76 Official  Journal  of the{  European  Communities No C 277/3 
of the  Treaty  and  the  legislation  derived 
therefrom,  who  enter  a Member  State  and  seek 
or take  employment,  in violation  of the national 
legislation  regulating  such  matters; 
(b) to mitigate  the  harmful  effects  which  such 
workers  suffer,  through  no fault  of their  own,  as 
a result  of their  illegal  migration  or illegal 
employment. 
2. For  the purposes  of this  Directive  the migration 
as defined  in subparagraph  (a) of this  Article  shall  be 
termed  'illegal  migration'  and  any  employment 
arising  as  a result  shall  be  termed  'illegal 
employment'. 
Article  2 
The Member  States  shall  take  the measures  necessary 
to ensure  that: 
(a) workers  subject  to the provisions  of the  present 
Directive  are duly  and  accurately  informed  of the 
employment,  living  and  working  conditions  and 
of the  conditions  and  procedures  laid  down  by 
their  national  regulations  governing  the  entry, 
residence  and  employment  of such  workers; 
(b) for  the  purposes  of preventing  and  identifying 
illegal  migration  and  illegal  employment  there 
shall  be an adequate  control: 
— at places  of entry  to their  territory  or at 
places  of employment, 
— of temporary  employment  agencies  which 
make  manpower  available  to third  parties  in 
another  Member  State. 
Article  3 
The Member  States  shall  take  the measures  necessary 
to ensure  that: 
(a) sanctions  shall  be applied  to natural  or legal 
persons  who  knowingly  either  organize  or 
participate  in activities  which  either  are intended 
to lead  or lead  to illegal  migration  and  illegal 
employment,  as defined  in Article  1 of this 
Directive. (b) the  sanctions  foreseen  against  the  persons 
referred  to in subparagraph  (a) of this  Article 
shall  include  the  possibility  of imprisonment  in 
serious  cases  of  violation  of the  national 
legislation  concerning  entry,  residence  and 
employment,  and  liability  in  respect  of 
repatriation  costs  of the workers  concerned. 
Article  4 
The Member  States  shall  take  the necessary  measures 
to ensure  that  workers  sentenced  for taking  up illegal 
employment  may  appeal  against  such  sentence. 
Where  the  sentence  is of deportation,  appeal  shall 
involve  a stay  of execution. 
Article  5 
The Member  States  shall  collaborate  with  one 
another  in order  to achieve  the aims  of this  Directive, 
and the Commission  shall  assist  in this  collaboration. 
Article  6 
1. The  Member  States  shall  institute  the necessary 
provisions  in laws,  regulations,  and  administrative 
acts to comply  with  this  Directive  within  24 months 
of the  date  of its notification  and  shall  inform  the 
Commission  thereof. 
2. Once  notification  of this  Directive  has  been 
effected,  the Member  States  shall,  in sufficient  time  to 
enable,  it to submit  its  comments,  inform  the 
Commission  of  all  draft  laws,  regulations  or 
administrative  provisions  which  they  intend  to adopt 
in the field  covered  by this  Directive. 
Article  7 
Within  two  years  from  the expiry  of the period  of 24 
months  provided  for  in Article  6 (1),  the  Member 
States  shall  forward  to the Commission  all relevant 
information  which  will  enable  it to submit  to the 
Council  a report  on the application  of this  Directive. 
Article  8 
This  Directive  is addressed  to the Member  States.