WRITTEN QUESTION No. 3735/98 by Aline PAILLER International convention on the rights of migrant workers
Date: 1998-12-11
Institutions: European Parliament, PAILLER
Subjects: EU Member State, European Commission, UN convention, accession to an agreement, action programme, family, migrant worker, private international law, right to work, social policy

C 320/72

Official Journal of the European Communities

EN

6.11.1999

Answer given by Mr Monti on behalf of the Commission

(8 February 1999)

The Commission confirms its intention to report to Parliament and Council in 1999 on the situation resulting
from the application of Council Directive 91/477/EEC on control of the acquisition and possession of
weapons, accompanied if appropriate by proposals.

This report will contain information on the implementation by Member States. The Honourable Member may
already find such information in the Commission’s fifteenth annual report on the application of Community
law ’1997 (1).

(1) OJ C 250, 10.8.1998.

(1999/C 320/097)

WRITTEN QUESTION E-3735/98

by Aline Pailler (GUE/NGL) to the Commission

(11 December 1998)

Subject: International convention on the rights of migrant workers

In its reply to Written Question E-2283/96 (1) by the same author as this question, the Commission stated that
no Member State had ratified the United Nations convention on the protection of the rights of all migrant
workers and members of their families, and that it intended to take steps to encourage the Member States to
ratify the convention, as called for by the European Parliament.

Can the Commission state what steps it has taken to that end? What results have been achieved from the
Member States? What does it consider to be the obstacles which are preventing the Member States ratifying the
convention?

(1) OJ C 365, 4.12.1996, p. 103.

Answer given by Mr Flynn on behalf of the Commission

(16 February 1999)

The International Convention on the protection of the rights of all migrant workers and the members of their
families has not yet entered into force, as it has not been ratified by a sufficient number of countries. As far as
the Commission is aware, no Member States have ratified it as yet. It would appear that one of the major
obstacles to ratification by the Member States lies in the fact that the Convention recognises rights in respect of
all migrant workers, regardless of whether they are in a regular or irregular situation in the country of
establishment.

Nevertheless, within the framework of its powers, the Commission has taken positive action with a view to
strengthening protection for the rights of migrant workers and the members of their families. Regarding
Community migrant workers, it has presented a proposal (1) aimed at improving the conditions under which
they can exercise freedom of movement, including consolidation of the right of migrant workers and the
members of their families to full and effective integration in the host Member State.

Secondly, concerning migrant workers who are nationals of third countries, the Commission has proposed an
extension of the rules on the coordination of social security (Council Regulation (EEC) 1408/71 of 14 June
1971 on the application of social security schemes to employed persons and to members of their families
moving within the Community) to nationals of third countries who are legally established in a Member
State (2).

Finally, the Commission has proposed a Council Act (3) establishing a Convention on rules for the admission of
third-country nationals to the Member States, which lays down the conditions of residence for third-country
nationals in the territory of the Member States,
including rules on family reunification and access to
employment.

(1) OJ C 344, 12.11.1998.
(2) OJ C 6, 10.1.1998.
(3) OJ C 337, 7.11.1997.