30. 3. 77 Official  Journal  of the European  Communities No C 77/9 
ANNEX 
to the opinion  of the Economic  and Social  Committee 
The following  amendment  was  rejected  during  discussions: 
Add  the following  passage  on Article  9 after  2.6.3: 
'2.6.4.  There  is no need  in this  Directive  for  a provision  on civil  liability.  Such  a 
provision  would  provide  an unsatisfactory  and  incomplete  solution  to the question  of civil 
liability  in the special  field  of waste  dumping.  The  Commission  is working  on general  rules 
on liability:  these  rules  should  not  be prejudged,  and  the results  of these  endeavours  should 
be awaited.  At the  same  time,  this  would  avoid  a fragmentation  of the  laws  on this 
matter.' 
Reasons 
The amendment  is self-explanatory. 
Voting: 
For: 4, against:  large  majority,  abstentions:  10. 
Opinion  on the proposal  for a Council  Directive  on the harmonization  of laws  in the 
Member  States  to combat  illegal  migration  and  illegal  employment 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 277  of 23 November  1976,  page  2. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 15 November  1976  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  in accordance  with  Article  100  of the  Treaty 
establishing  the European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 
146th  plenary  session,  held  in Brussels  on 23 and 24 February  1977. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  100  thereof, 
Having  regard  to the request  for an opinion  made  by 
the Council  of the  European  Communities  on 15 
November  1976, Having  regard  to the Decision  taken  by its Bureau  on 
29 June  1976,  instructing  the  Section  for  Social 
Questions  to draw  up an opinion  and  a report  on the 
matter, 
Having  regard  to the opinion  issued  by the Section 
for Social  Questions  on 10 February  1977, 
Having  regard  to the  report  drawn  up  by  the 
rapporteur,  Mr Kirschen, 
No C 77/10 Official  Journal  of the European  Communities 30. 3. 77 
Having  regard  to the discussions  at its 146th  plenary 
session  held  on 23 and  24 February  1977  (meeting  of 
23 February), 
Considering  the  Social  Action  Programme,  and  the 
Council  resolution  of 21 January  1974;  the  Action 
Programme  in favour  of migrant  workers  and  their 
families  and  the  Council  resolution  of 9 February 
1976,  and  the  Committee's  opinions  on these  two 
programmes  (*), 
Whereas  the  current  proposal  had  been  made 
pursuant  to the  Action  Programme  in favour  of 
migrant  workers  and  their  families,  and  to the 
Council  resolution  of 9 February  1976  on  the 
abovementioned  programme; 
Considering  the importance  that  must  be attached  to 
ratification  by  the  Member  States  of  ILO 
Convention  143; 
Whereas  the  continuing  economic  crisis  has 
highlighted  the  serious  plight  of illegal  immigrant 
workers.  Such  workers  are  completely  at the  mercy 
of manpower  traffickers,  their  employers  and  other 
persons  in a position  to exploit  them;  and  they  are 
always  liable  to suffer  disadvantages  — and  indeed 
be penalized,  often  unjustly  — because  of their 
status; 
Whereas  illegal  migrations  and  illegal  employment 
make  it impossible  to carry  out  a thorough  analysis 
of the  labour  market  and  cause  serious  problems 
for migrant  workers  themselves,  for  employers  who 
respect  the  employment  and  labour  laws,  for  the 
Community  as  a whole  and  for  the  public 
authorities, 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
with  no votes  against  and  two  abstentions: 
1. General  comments 
1.1. Introduction 
1.1.1.  The  Committee  notes  with  satisfaction  the 
Commission's  choice  of legal  instrument  (a Directive) 
and legal  basis  (Article  100  of the EEC  Treaty)  for its action.  However,  the Committee  feels  that  Article  235 
should  be invoked  also.  It has  repeatedly  called  for 
use of Article  235  in this  matter.  In its resolution  of 
21 January  1974  on the Social  Action  Programme,  the 
Council  stated  its intention  to invoke  that  Article. 
1.1.2.  Turning  to the aims  and  proposals  set out in 
the Commission's  document,  the  Committee  would 
like to stress,  first  of all,  the  special  importance 
which  it attaches  to the  earliest  possible  ratification 
by all nine  Member  States  of International  Labour 
Convention  No 143. 
1.1.3.  In  the  Committee's  view,  the  proposed 
Directive  is to be seen  as a major  means  of amending 
Member  States'  laws  and  regulations  on lines  which 
will favour  ratification  of the  ILO  Convention.  The 
Directive  must  be implemented  with  this  aim  in view. 
In this  context  the  Committee  would  ask  the 
Commission  to draw  up — in collaboration  with 
trade  unions  and  employers'  organizations  —  a 
report  on the  progress  made  in implementing  the 
abovementioned  Convention  in  the  individual 
Member  States,  and  on  the  measures  which  it 
proposes  in this  field.  The  Committee  should  receive 
copies  of these  reports  for information  purposes. 
1.1.4.  The  current  proposal  has  been  drawn  up 
after  long  and  sometimes  difficult  discussions.  The 
main  aim  of the  proposal  is to bring  about  an 
alignment  of national  provisions  designed  to prevent 
and curb  illegal  migration  and  illegal  employment,  to 
strengthen  cooperation  between  Member  States  and 
to alleviate  the  special  hardships  faced  by illegal 
immigrant  workers. 
1.2. Illegal  migration 
1.2.1.  In  its  explanatory  memorandum,  the 
Commission  reckons  that  there  are  some  600  000 
illegal  migrant  workers  (excluding  dependent 
relatives)  living  in  the  Community.  This  is 
approximately  one-tenth  of the  number  of migrant 
workers  who  have  entered  the  Community  legally. 
Because  of the very  nature  of illegal  migration,  and  in 
view  of the  fact  that  the  situation  varies  very 
considerably  from  one  Member  State  to another,  the 
Committee  has  serious  doubts  about  the 
Commission's  tentative  estimate.  The  Committee 
thinks  that  the figure  of 600  000  is too  high,  bearing 
in mind  that  since  its publication  some  Member 
States  have  either  legalized  the  status  of illegal 
immigrants,  expelled  a number  of such  migrants  or 
tightened  up frontier  checks. 
(!) OJ  No C 37, 1. 4. 1974;  OJ No C 12, 17. 1. 1976. 1.2.2.  It  is much  more  difficult  to get  a clear 
picture  of the  labour  market  if there  is inadequate 
knowledge  about  the  scale  of migration.  This  is 
30. 3. 77 Official  Journal  of the European  Communities No C 77/11 
damaging  to the  interests  of workers  as a whole. 
Moreover,  the  illegal  use  of migrant  workers  may 
distort  conditions  of competition  between  businesses. 
1.2.3.  The  employment  of migrant  workers  is 
bound  up with  the structure  of the labour  market.  A 
large  number  of Member  States  have  resorted  to 
illegal  immigrant  workers  in order  to make  good 
labour  shortages  at times  when  their  economy  was 
booming.  But  the situation  is different  in periods  of 
economic  recession,  for in such  periods  jobs  are  in 
short  supply  and  the  whole  problem  of  the 
employment  of illegal  immigrants  takes  on dramatic 
proportions 
1.2.4.  During  the  boom  years,  unpunished 
violations  of the law  multiplied  in the Member  States. 
This  was  detrimental  to migrant  workers.  The 
measures  taken  were,  regrettably,  applied  more  or 
less strictly  according  to needs,  because  there  was  no 
coherent  policy  on immigration. 
1.2.5.  At  present,  all  the  Member  States  have 
reduced  recruitment  from  non-member  countries  to a 
minimum  or  even  stopped  such  recruitment 
altogether,  and  many  of the  Member  States  are no 
longer  renewing  residence  or work  permits.  In 
addition,  it must  be stressed  that  immigrants  still  take 
on the least-skilled  jobs,  and  that  these  are the jobs 
which  are  the  most  vulnerable  to  short-term 
economic  fluctuations  and structural  changes. 
1.2.6.  The  Committee  would  also  quote  the 
following  passage  from  the  Social  Action 
Programme: 
'The  overseas  recruitment  and  immigration 
policies  of the  Member  States  are,  in their 
diversity,  not  consistent  with  the  aims  of the 
Community  policy  towards  the  developing 
countries.' 
The Committee  regrets  that  the  Community  has  so 
far not  taken  any  concrete  steps  to solve  this 
problem. 
1.2.7.  Current  economic  trends,  the  present  state 
of labour  market  and  the future  prospects  all suggest 
that,  in the years  to come,  immigration  will  not play 
such  an important  role  as it has  done  in the  past. 
Measures  have  been  taken  to promote  development 
and create  jobs  in the  traditional  countries  of 
emigration.  The  Committee  attaches  considerable 
importance  to  such  measures  as  part  of  an 
international  employment  policy.  In spite  of these 
measures,  however,  unemployment  and  destitution 
still induce  workers  to seek  jobs  in the  traditional host countries.  These  workers  are  often  ready  to 
accept  any  job whatsoever.  This  helps  to explain  why 
illegal  migration  is still  continuing.  It should  also  be 
pointed  out  that  there  are not  enough  opportunities 
for migrants  to obtain  training  in their  home 
countries,  and  insufficient  attention  is paid  in the 
Member  States  to providing  them  with  such  facilities. 
1.2.8.  Without  a purposeful  policy  on immigration 
it is difficult  to solve  the  problem  of the  illegal 
employment  of  workers  from  outside  the 
Community.  The  Committee  would  consequently 
draw  attention  to the  need  for  the  measures  to 
combat  illegal  migration  and  illegal  employment  to 
go hand-in-hand  with  coordination  of policies  on 
migration.  In this  context,  the Action  Programme  in 
favour  of migrant  workers  and  their  families  draws 
attention  to the fact  that  'the  lack  of coordination  at 
Community  level  of the  migration  policies  of 
Member  States  has  proved  a major  factor  in the 
haphazard  and  ill-planned  use  of manpower'.  The 
programme  goes  on to point  out that  'the  absence  of 
coordination  has  also  left  unresolved  the conflicting 
interests  of migrants  and  their  employers  and  of the 
economies  of the  Member  States  using  migrant 
labour  and  those  exporting  workers'  (1). 
1.3. The  Committee's  standpoint  on illegal  migration 
1.3.1.  The  Committee  has considered  this  problem 
on several  occasions  and  has  expressed  particular 
concern  about  the plight  of illegal  migrant  workers. 
In its opinion  of 30 October  1975  on the  Action 
Programme  in favour  of migrant  workers  and  their 
families  (2), the Committee  points  out that: 
'The  Action  Programme  in favour  of migrant 
workers  and  their  families  devotes  a chapter  to 
illegal  immigration.  In this  chapter,  the  Com-
mission  condemns  illegal  migration,  identifies 
its causes,  outlines  its adverse  effects  on the 
labour  market  — as well  as on the protection  of 
workers  — and  concludes  with  a promise  to 
propose  concrete  remedies. 
On 24  June  1975,  the  International  Labour 
Conference  adopted  Convention  No  143  on 
illegal  migration  and  the  fostering  of equal 
opportunities  and  equal  treatment  for  migrant 
workers.  This  Convention  requires  contracting 
States  to eradicate  illegal  migration  and  the illegal 
(!) OJ No C 12, 17. 1. 1976,  pp. 27 and 28. 
(2) OJ No C 12, 17. 1. 1976,  p. 27. 
No C 77/12 Official  Journal  of the European  Communities 30. 3. 77 
employment  of migrants.  Persons  behind  the 
traffic  in illegal  immigrants  are to be prosecuted. 
The Committee  shares  the Commission's  concern. 
It welcomes  the  Commission's  interest  and 
determination  to use  every  means  to combat 
illegal  immigration. 
In addition,  the Committee: 
(a) Urges  the Commission: 
to call  on the  Member  States  to ratify 
International  Labour  Convention  No 143, 
or at least  Part  One  thereof; 
2. to arrange  meetings  between  the  relevant 
politicians  and  officials  of the  Member 
States  with  a view  to  harmonizing 
administrative  provisions,  regulations  and 
penalties; 
(b) Calls  on the  Member  States  to carry  out  a 
survey  of illegal  immigration  within  their 
respective  territories.' 
1.3.2.  The  Committee  renews  its call  for studies  to 
be carried  out by the Member  States  to find  out what 
the trend  in illegal  immigration  has  been  like  in 
recent  years.  It should  be pointed  out that  figures  are 
available  on  expulsions,  applications  to become 
authorized  residents,  etc.;  if properly  processed,  these 
figures  could  shed  light  on the main  trends. 
1.3.3.  In  the same  vein,  the Committee  stated  in its 
1974  opinion  on  employment  and  the  changed 
situation  in the Community  (1): 
'Governments  must  endeavour  to regularize  the 
situation  of migrant  workers  who  are  illegally 
employed.' 
1.3.4.  The  Committee  would  point  out  that 
although  such  regularization  has sometimes  helped  to 
solve  pressing  social  problems  faced  by  illegal 
employed  immigrants,  it is no  substitute  for  a 
coherent  policy  on the employment  of migrants. 
1.3.5.  The  Committee's  continuing  concern  over 
the plight  of illegal  migrant  workers  has  also  been expressed  in several  of its annual  opinions  on the 
development  of  the  social  situation  in  the 
Community  (2). The  Committee  would  reiterate  and 
confirm  its previous  stand  on this  matter.  It attaches 
particular  importance  to the  comments  on illegal 
migration  which  were  made  in its recent  opinion  on 
the action  programme  in favour  of migrant  workers 
and their  families.  The  Committee  considers  that  the 
measures  suggested  in that  opinion,  particularly  those 
concerning  ways  to get  a better  picture  of illegal 
migration,  are much  more  likely  to be successful  if 
trade  unions  and  employers'  organizations  are 
consulted. 
1.4. Assessment  of  the  proposed  Directive's  likely 
contribution  towards  a fair  and  just  solution  of 
the problem  of illegal  migration 
1.4.1.  The  measures  to combat  illegal  migration 
must  be based  on recognition  of the fact  that  it is the 
illegal  migrant  worker  himself  who  is generally  the 
victim.  It is necessary,  for obvious  humanitarian  and 
social  reasons,  to take  measures  to protect  illegal 
migrant  workers.  These  measures  should  be drawn 
up and  implemented  with  the  assistance  of trade 
unions  and  employers'  associations. 
1.4.2.  In  its opinion  on the  Action  Programme  in 
favour  of migrant  workers  and  their  families,  the 
Committee  considered  that  'absolute  priority'  should 
be given  to measures  to combat  illegal  immi-
gration  (3). The  Committee  would  reiterate  this 
point  of view.  It believes  that  the main  aims  must  be 
to: 
1. prevent  illegal  migration; 
2. penalize  those  who  profit  from  this  fringe  labour 
market,  i.e. those  who  deliberately  arrange  illegal 
migration  and  those  who  knowingly  give  jobs  to 
illegal  immigrants; 
3. protect  migrant  workers  who  are  the  victims  of 
such  persons,  inter  alia,  by giving  these  workers 
legal  remedies  against  arbitrary  decisions. 
1.4.3.  In  its present  form  the proposed  Directive, 
including  its explanatory  memorandum,  will  not fully 
achieve  the abovementioned  aims.  The  Committee: 
M OJ No C 109,  19. 9. 1974,  p. 55. (2) OJ No C 197,  23. 8. 1976. 
(8) OJ No C 12, 17. 1. 1976,  p. 28. 
30. 3. 77 Official  Journal  of the European  Communities No C 77/13 
— notes  that  the  Commission  has  put  insufficient 
stress  on  prevention,  especially  as  regards 
information, 
— wishes  to refer  to its  specific  comments  on 
stamping  out  manpower  trafficking,  contained  in 
points  2.4 to 2.4.3  of this  opinion, 
— considers  that  the  question  of protecting  illegal 
migrant  workers  has not really  been  tackled.  Such 
workers  are  very  frequently  the  victims  of 
unscrupulous  individuals,  and  in many  cases  they 
believe  that  they  have  complied  with  the laws  of 
the host  country. 
1.4.4.  The  Committee  asks  the  Commission  to 
consider  how  the  proposal  could  be amplified  in 
order  to (a) ensure  a greater  measure  of protection 
for illegal  migrant  workers  and  (b) ensure  that  the 
laws,  regulations  and  administrative  provisions 
governing  the residence  and  employment  of workers 
from  outside  the Community  are not interpreted  in a 
narrow  manner  by Member  State  authorities. 
1.4.5.  A  number  of important  points  regarding  the 
protection  of migrant  workers  are not covered  by the 
proposed  Directive. 
Protection  should  embrace: 
(a) migrants  who  have  been  deceived  when  entering 
a Member  State  illegally  and  have  not been  able 
to find  work  or have  their  situation  regularized; 
(b) migrants  who  have  worked  for an employer. 
The protection  shall  take  the following  forms: 
— the  rights  of workers  relating  to the  work  they 
have  carried  out must  be safeguarded, 
— measures  must  be taken  to ensure  that  employers 
fulfil  their  obligations, 
— the  possibility  of giving  illegal  migrant  workers 
permission  to stay  once  they  have  become  de 
facto  employees. 
1.4.6.  The  ideas  in the  first  two  indents  were 
expressly  mentioned  in the  Council  resolution  of 9 
February  1976,  point  5 of which  was  worded  as 
follows: 
'(The  Council  of the  European  Communities) 
considers  that  it is important  to: (a) undertake  appropriate  consultation  on 
migration  policies  vis-a-vis  third  countries; 
(b) strengthen  cooperation  between  Member 
States  in  the  campaign  against  illegal 
immigration  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.' 
1.4.7.  In  view  of the above,  the Committee  would 
like to make  a number  of specific  comments,  the 
main  aim  of which  is to amplify  the  proposed 
Directive  and  its  explanatory  memorandum  by 
incorporating  optimum  safeguards  for the victims  of 
illegal  migration,  together  with  provisions  ensuring 
clear  identification  and  just  punishment  of the guilty 
parties. 
2. Specific  comments 
2.1. Explanatory  memorandum 
2.1.1.  The  proposed  Directive  is, regrettably,  silent 
on the  questions  of  providing  migrants  with 
information  and  combating  misleading  publicity 
(point  9 of the  explanatory  memorandum).  No 
mention  is made  of two  very  important  matters, 
namely  the  provision  of  information  in  the 
non-member  countries  concerned  and  the  requisite 
cooperation  in this  respect  between  authorities  in the 
labour-importing  and  labour-exporting  countries. 
This  cooperation  involves  for example,  the  passing 
on of information  regarding  (i) the  employment 
situation  in the Community,  (ii) the  conditions  and 
formalities  which  have  to be fulfilled  in order  to 
obtain  authorization  to work  and  reside  in Member 
States,  and  (iii)  the consequences  of illegal  migration 
and illegal  employment. 
2.1.2.  The  Committee  also  asks  the Commission  to 
take account  of the guidelines  on information  which 
are given  in the Community's  Action  Programme  in 
favour  of migrant  workers  and  their  families  (page 
22). These  guidelines  deal  with  the  information 
which  must  be provided  in the  labour-exporting 
countries  on  the  subject  of living  and  working 
conditions  in the  labour-importing  countries.  The 
Committee  has already  endorsed  these  guidelines  (see 
item 10.1.3  of the abovementioned  opinion). 
2.1.3.  As  regards  the  remarks  in point  10 of the 
explanatory  memorandum  on  the  alignment  of 
sanctions  at Community  level,  the Committee  would 
No C 77/14 Official  Journal  of the European  Communities 30. 3. 77 
stress  the importance  it attaches  to the approximation 
of criminal  law  on the offences  listed  in Article  3 (a) 
and (b),  so as to ensure  that  sanctions  are uniformly 
applied  everywhere  and  prevent  illegal  trafficking  in 
labour  becoming  centred  in Member  States  where  the 
law is less stringent. 
2.1.4.  An  'agreement'  between  the  Nine  at the 
Council  of Ministers  giving  rise  to an experiment  in 
'Community  criminal  law'  would  be welcome.  This 
would  be  of  great  significance  politically  — 
Community-wide  approximation  of certain  aspects  of 
criminal  law  would  be  a major  step  towards 
European  unity. 
2.2. Article  1 
2.2.1.  The  Committee  takes  note  of  the 
information  given  by the Commission  representative 
to the effect,  that  the proposed  Directive  also  covers 
illegal  workers  'in transit'  through  a Member  State's 
territory. 
2.2.2.  However,  the Committee  would  like  Article 
1 of the  proposal  to make  explicit  mention  of this 
case. 
2.2.3.  The  Committee  also  notes  that  persons  who 
have  obtained  political  asylum  in a Member  State 
and who  cannot  under  any  circumstances  be 
considered  as illegal  migrants  (see  Article  31 of the 
New  York  International  Convention  of 28 July  1951 
on the status  of refugees.  This  convention  has  been 
ratified  by all the Member  States  of the Community). 
2.3. Article  2 of the  proposal  should  state  that 
workers'  and  employers'  associations  are  to be 
consulted  on  the  issue  of adequate  controls  of 
labour  flows. 
The Committee  particularly  supports  the  call  for 
checks  on temporary  work  agencies,  as laid  down  in 
Article  2 (b) of the draft  Directive. 
Steps  should  be taken  to see  that  the  controls 
provided  for in Article  2 are applied  systematically. 
2.4. The  Committee  considers  that  Article  3 (a) of 
the proposed  Directive  must  take  account  of Article  6 
of ILO  Convention  No  143  and  be  interpreted 
accordingly. 2.4.1.  Article  3 should  stipulate  that  traffickers  of 
immigrant  labour  must  be prosecuted  in any  Member 
State  in which  they  operate. 
2.4.2.  The  Committee  considers  that  the sanctions 
referred  to in Article  3 must  apply  to activities  the 
purpose  of which  is or may  be: 
— illegal  migration, 
— illegal  employment, 
— both  illegal  migration  and  illegal  employment. 
2.4.3.  The  different  versions  of the  proposal 
should  therefore  be standardized  so that  Article  3 (a) 
reads: 
\ .. illegal  migration  or illegal  employment'. 
2.5. The  Committee  asks  that  Article  4 of the 
proposal  should  expressly  state  that  migrant  workers 
may not  be deemed  to be in breach  of the law  or in 
an irregular  position  merely  because  they  remain  in a 
Member  State  after  having  been  dismissed  from  their 
jobs.  Mere  loss  of job should  not automatically  entail 
forfeiture  of work  permits  or residence  permits. 
2.5.1.  In  addition  the  proposal  should  state 
explicitly  and  without  prejudice  to Article  3 (b) that  a 
worker  and  his  family  must  not  bear  the  cost  of 
deportation  if they  are expelled  from  a country. 
2.5.2.  As  regards  the more  general  issue  of appeals 
against  decisions  imposing  penalties  for alleged  illegal 
employment,  the appeal  proceedings  must  take  into 
consideration  social  and  humanitarian  factors,  and 
the possible  legal  repercussions  the worker  may  have 
to suffer  when  he returns  to his country  of origin.  The 
migrant  workers  involved  in such  appeals  must 
genuinely  have  the possibility  of receiving  legal  aid, 
so that  the principle  set out in Article  4 (namely  that 
where  a worker  lodges  and  appeal  against  a sentence 
of deportation,  such  appeal  will  involve  a stay  of 
execution)  is applied. 
2.6. Article  5 should  be  clarified  so  as  to 
distinguish  between: 
(a) general  cooperation  between  the Member  States; 
and 
(b) cooperation  in the specific  field  of criminal  law. 
30. 3. 77 Official  Journal  of the European  Communities No C 77/15 
2.7. Finally,  in accordance  with  the  general 
remarks  made  in point  1.4.5,  the Committee  proposes 
that one  or more  provisions  should  be inserted  in the 
proposed  Directive  stipulating  that  illegally  employed 
Done  at Brussels,  23 February  1977. workers  must  enjoy  parity  with  indigenous  workers, 
especially  as regards  pay,  social  security  cover  and 
other  social  benefits,  for the periods  for which  they 
are employed. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
ANNEX 
to the opinion  of the Economic  and Social  Committee 
The following  amendment  was  rejected  by the Committee  during  its discussion: 
Items  2.4.2  and  2.4.3  should  be re-worded  to read: 
'The  Committee  considers  that  Article  3 must  not  apply  to workers  who  are  employed 
illegally.  Although  Article  3 does  not  expressly  cover  such  workers,  the  possibility  of this 
occurring  is inherent  in the wording  of Article  4. The  last  sentence  of this  Article  does  in 
fact say  that  "Where  the  sentence  is of deportation,  ..."  which  implies  that  sanctions  as 
described  in Article  3 are also  possible.' 
Reasons 
The aim  of this  amendment  is to ensure  that  illegal  employment  is not  punished  unnecessarily. 
Moreover,  it is in accordance  with  ILO  Convention  No 143. 
Voting 
For:  26, against:  42, abstentions:  9. 
Opinion  on the Commission  proposals  on the fixing  of prices  for certain  agricultural 
products  and on certain  related  measures 
The text  referred  to the Committee  has not yet been  published  in the Official  Journal 
of the European  Communities. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 14 February  1977  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  47 and  198  of the Treaty  establishing 
the European  Economic  Community.