Opinion of the Economic and Social Committee on the 'Elaboration of an initiative aimed at establishing a regulatory framework for the employment of migrant agricultural workers from non-EU states'
Date: 2000-05-24
Institutions: European Economic and Social Committee
Subjects: agricultural labour force, labour law, migrant worker, third country

C 204/92

EN

Official Journal of the European Communities

18.7.2000

4.3. Annex

4.4. Appendix B: Analytical methods

First table, second column: In English this starts
4.3.1.
correctly with ‘Azodyes’.
In several other languages the
distinction between azodyes and azocolourants has been lost.
The Commission therefore needs to check that all language
versions reflect the intention of the Directive.

Brussels, 25 May 2000.

4.4.1.
The analytical methods in the Annex are copied from
one Member State only. There have been some problems with
the reproducibility of these methods. They have therefore been
evaluated by work carried out under the MTI (Measurement,
Testing and Infrastructure) Programme of the fourth Frame-
work research programme and improved methods are being
agreed. The methods in the Proposal therefore should be
replaced by EU ones as soon as these have been finalised.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI

Opinion of the Economic and Social Committee on the ‘Elaboration of an initiative aimed at
establishing a regulatory framework for the employment of migrant agricultural workers from
non-EU states’

(2000/C 204/19)

On 21 October 1999 the Economic and Social Committee decided to draw up an opinion, under
Rule 23(3) of its Rules of Procedure, on the ‘Elaboration of an initiative aimed at establishing a regulatory
framework for the employment of migrant agricultural workers from non-EU states’.

The Section for Agriculture, Rural Development and the Environment, which was instructed to prepare
the Committee’s work on the matter, adopted its opinion on 10 May 2000. The rapporteur was
Mr Wilms.

The Committee adopted the following opinion, with 65 votes in favour and one abstention at its
373rd plenary session on 24 and 25 May 2000 (meeting of 24 May).

1.

Introduction — Reasons for the opinion

1.1. Migrant workers — both male and female — are
employed in various sectors of the EU economy. They are,
however, concentrated in agriculture as it is in this sector
— more than in all the other sectors of the economy — that
they help determine the structure of the industry.

In contrast

agricultural workers, who represent an important group of
workers, have poor social security cover.
to
travelling journeymen (skilled craftsmen), who form part of an
old tradition and whose travelling is viewed positively, migrant
agricultural workers are, in the Committee’s view, victims of a
social taboo which can only be removed by taking long
overdue action. The fact remains, however, that there have
been no improvements in the situation of migrant agricultural
workers since the ESC adopted an own-initiative opinion on
this matter in April 1991, setting out detailed proposals for
improvements.

The Economic and Social Committee is addressing
1.2.
the
in this own-initiative opinion to the Council,
itself
European Parliament, the European Commission and the social
partners with a view to highlighting the fact that migrant

1.3. Migrant agricultural workers provide a major and
indispensable service to agriculture in the EU. Against a
background of an increasing shortage of skilled workers in
various Member States, their services are particularly vital.
Recent events, in particular the intensification of the single

18.7.2000

EN

Official Journal of the European Communities

C 204/93

market, the proposed enlargement of the EU, the disappearance
of ideological frontiers in central and eastern Europe and the
migratory movements in the Mediterranean area triggered by
civil war and poverty have, however, wrought major changes
in the situation of migrant agricultural workers. These changes
are reflected in the way employment is organised in agricultural
enterprises and have also had a considerable impact on the
labour market at both local and national levels.

1.4.
In view of the high level of unemployment in the
individual EU Member States, EU labour market policy is of
particular importance. The aim of this policy is to bring down
the level of unemployment. In its different guises as a self-
contained sector, in its relation to upstream and downstream
markets and as a player in both land-use policy and structural
policy — agriculture is of key importance to the labour market
as it could make an effective contribution towards combating
unemployment.

Agriculture in the EU will have to contend with further
1.5.
dramatic changes in future. The planned accession of new
Member States from central and eastern Europe will, unlike
the earlier enlargements of the EU, result in a tremendous
increase in the numbers of migrant agricultural workers,
particularly in the northern and central European Member
States. Considerable changes are also on the horizon in the
southern European Member States. In the case of these states,
additional factors come into play, such as the movements of
war refugees from south-eastern Europe and population
influxes, particularly from North Africa. Greater clarity is
therefore required as regards the legal differences between
migrant workers from non-EU states and migrant workers
from the applicant states.

1.6.
It is essential for the Council, the European Parliament,
the European Commission and the social partners to address
the problems raised in this own-initiative opinion and to work
out suitable solutions in order to safeguard the harmony of
the labour market, to promote economic growth and cut
unemployment. The Committee’s opinion provides adequate
starting points in this respect. The aim of all solutions put
forward should be to end the social and political taboo
surrounding this issue and to provide agricultural workers
with legitimate protection.

2. Urgent nature of the opinion

2.1.
There has been a sharp increase in the number of
migrant workers in the EU; in some cases the number of
migrant agricultural workers already exceeds the number
of indigenous agricultural workers. In a number of places
indigenous workers are being displaced by migrant workers.
Migrant workers in the central European EU States come
almost exclusively from states which have applied to join the
EU;
in the case of south-eastern European Member States,
however, the migrant workers come in particular from North
Africa and, to an increasing extent, also from south eastern-
Europe and Asia.

In the applicant states a very high proportion of the
2.2.
work-force is employed in the agricultural sector (e.g.
in
Poland approx. 25 % and in Hungary approx. 10 %). As
agriculture in these states is aligned with that in the EU, it is
likely that very few new jobs will be created as a result of
restructuring but that the majority of the existing jobs will
soon disappear. Developments which go against the prevailing
trend, such as those currently taking place in Poland and
Bulgaria, where the agricultural workforce has expanded, have
been partly brought about by industrial and commercial
restructuring but are, for the most part, an indication of dire
poverty.

2.3.
People are migrating from a number of African states
to the southern EU Member States, driven, in particular, by a
desire to escape economic deprivation and political instability
in their home countries. As only bilateral arrangements for
freedom of movement have been concluded with these
countries — unlike the applicant states — EU law on freedom
of movement will also not apply to them in future.

2.4.
The Commission departments concerned do not have
adequate resources for tackling this pan-European problem. In
spite of the ESC’s demands, the Commission’s Agriculture DG
does not have responsibility for addressing this agricultural
problem. The Social Affairs DG also does not have adequate
resources for tackling it.

3. Employment of migrant agricultural workers in the

EU

3.1.
As a result of increasing specialisation, agricultural
enterprises require additional workers particularly at peak
times. Seasonal workers have traditionally been taken on to
meet peak demands for labour, particularly at harvest time.
Such workers generally used to be drawn from the indigenous
workforce, but
they now increasingly come from other
countries.

There are many reasons why agricultural enterprises
3.2.
employ migrant workers — generally as seasonal workers —
namely:

— because of the demographic changes resulting from the
restructuring of agriculture, there is a shortfall in local or
indigenous labour;

— the available, indigenous unemployed do not always match
up to the requirements of agricultural enterprises in terms
of motivation, skills and mobility;

— as a result of disparities in currency values and the
attendant purchasing power benefits, non-EU workers are
ready to work for much lower wages;

— some migrant workers have jobs in their own countries
and regard migrant work as an additional source of
income; they are therefore ready to work for low wages, or
less than the standard rate;

C 204/94

EN

Official Journal of the European Communities

18.7.2000

— it is in many cases easier to deal with migrant workers as

they are employed on a temporary basis;

— by taking on migrant workers, some savings can be made
as regards additional social security contributions (e.g. for
additional benefits provided under wage agreements).

states. The social partners in the central and eastern European
states maintain that a higher percentage of illegal migrant
workers than legal migrant workers enter these states from
their eastern neighbours, in particular Ukraine and Romania.
These migrant workers do take up some jobs previously
occupied by indigenous workers who have themselves moved
to the EU to work as migrant workers (‘corridor migration’).

Unemployed persons,

3.3.
interested in seasonal employment for the following reasons:

for their part, are not very

— it may involve unaccustomed working hours, climatic
conditions and physical efforts, such as having to work in
fixed positions;

— the pay is usually too low and it is rarely possible to secure

lasting employment;

— if unemployed workers receive a relatively small wage,
their unemployment benefit may be reduced accordingly.

Problems arise primarily as a result of migration from
3.4.
non-EU states. Driven by the need to find additional workers,
agricultural undertakings are taking on foreign workers, above
all from central and eastern European countries; in southern
Europe, migrant agricultural workers tend to come from
central European states and, in particular, also from north
Africa, the Maghreb states and recently, to an increasing extent,
also from Asia.

Observations have highlighted two trends. On the one
3.5.
hand, as a result of changes in work organisation, brought
about by, for example, the slotting-together of arrangements
for migrant work (interlinked labour contracts), local workers
may lose their jobs with migrant workers being taken on in
their place. On the other hand, jobs which are under threat
may be safeguarded for long periods by the employment of
migrant workers.

4. Employment of migrant workers in the EU

There are increasing differences in the way in which
4.1.
the employment of migrant workers is viewed in Europe. A
number of EU Member States are regulating the access of
migrant workers by issuing labour permits, whose number
varies from state to state. The social partners are involved to
differing extents in the establishment of quotas in the individ-
ual Member States.

4.2.
The quotas which have been set do not, however,
match the demand for jobs with the result that, in addition to
the legally-authorised migrant workers, a number of unde-
clared (illegal) migrants are offering their services in the
agricultural sector.

4.3.
Legally-employed migrant workers are by law subject
to collective agreements, labour law and social legislation in
the respective host state.

4.5.
It became clear during the preparation of this opinion
that, in spite of previous work in this field, including work by
the ESC (1), there is still insufficient data available — in both
quantitative and qualitative terms — on migrant agricultural
workers. Individual states are recording only piecemeal data
on migrant workers. Virtually no analyses are available in
respect of specific groups and data is not being collated at EU
level.

4.6.
There are many bilateral and international agreements
on the exchange of migrant workers. Poland alone has adopted
about 30 Treaties, government declarations and protocols with
ten different states (both EU and non-EU states) to regulate
reciprocal arrangements in respect of the employment of
workers and trainees.

4.7. Migrant workers employed in agricultural enterprises
in the EU usually carry out unskilled work and routine tasks
which sometimes fall below their level of skills. As a result, the
supplier countries are deprived a potential pool of skilled
workers.

4.8.
The employment of migrant workers does, however,
also have a beneficial impact on the supplier countries. It
temporarily eases the pressure on the labour market and
workers bring home foreign currency which boosts incomes
and purchasing power. The professional experience acquired
by migrant workers may also in some cases serve as a transfer
of ‘know-how’.

4.9.
Legal residency periods for migrant workers varies
from Member State to Member State; it can be as short as three
months or as long as one year.

4.10.
The accession of the applicant states to the EU will
usher in radical changes as regards employment in agriculture.
Agricultural workers losing their jobs in their respective
countries will probably not be able to find sufficient work
outside agriculture. There is a danger that — as has been the
case in the new ‘Länder’ of the Federal Republic of Germany,
from 1990 to the present day — a radical restructuring of
agriculture would lead to mass unemployment in the rural
areas of the applicant states. Against this background use of
migrant work can ease the pressure on the labour market of
the labour-supply states. This impact will be considerably
strengthened if migrant work is incorporated into comprehen-
sive labour-market blueprints. The regional cross-border
labour markets which have developed will also be extended
and intensified.

4.4.
Fewer migrant workers are being admitted to the
applicant states because of the labour-market situation in those

(1) OJ C 355, 21.11.1997, p. 51 et seq.

18.7.2000

EN

Official Journal of the European Communities

C 204/95

4.11.
The employment of illegal migrant workers is a
phenomenon which is particularly inhumane, poses a threat
to the labour market and is economically destabilising. The
Committee recognises the scope and importance of
this
phenomenon. Despite the fact that, by the very nature of this
work, data is not available,
the Committee would draw
attention to the fact that illegality is a particular problem with
regard to migrant agricultural workers.

5. Conclusions — Need for regulation

5.1. General conditions

The negotiations with the central and eastern Euro-
5.1.1.
pean applicant states must take account of national levels of
development in the respective states. The actual
level of
economic and social development is a key factor in determin-
ing the progress of the accession negotiations between the
applicant states and the EU. This should apply both as regards
the timetable for accession and also the legal aspects of
the negotiations. Structural aid measures to help the states
concerned develop their infrastructure and to help create jobs
are of major importance here. Greater emphasis needs to be
placed on promoting rural development.

The ESC is fundamentally in favour of establishing adequate
transitional arrangements — including derogations for limited
periods — in order to control the impact of freedom of
movement for workers. Such transitional arrangements or
derogations should take account of actual developments in
each individual applicant state. Once the measures have had
the desired impact with regard to these developments, the
transitional arrangements or derogations should be terminated.

5.1.2.
The plethora of bilateral agreements on influxes of
migrants, quotas, etc. clearly demonstrate that there is a need
for (a) an EU policy on migration, which should include
the necessary provisions for tackling the issue of migrant
agricultural workers in future, particularly as regards the
examination of priority employment offers, and (b) to start
negotiations in the Council with a view to finally consolidating
the wide range of national provisions under an EU Directive.

5.2. Proposed initiative

5.2.1.
The Committee puts forward the initiative set out
below with a view to providing a future legislative framework
for migrant agricultural work.

5.2.2.
The social partners in the EU agricultural sector have
been discussing the problems of migrant workers for a number
of years. Many efforts have been made, at different levels, to
improve the economic and social lot of these workers. The
Committee intends to monitor and support these efforts.

The Committee notes that the social partners have
5.2.3.
indicated that they intend to pursue their efforts under the
sectoral social dialogue and to introduce measures under

Articles 138 and 139 of the EC Treaty. The Committee asks
the Commission to open consultations on this initiative by the
social partners and to give the initiative its support.

5.3. Observatory

is vital

5.3.1.
To permit informed discussion, to draw the necessary
conclusions from this discussion and to formulate initiatives,
it
for those involved in the process to have a
quantitatively and qualitatively comprehensive fact-finding and
advisory machinery at their disposal. A key element should be
the establishment by the Commission, with the participation
of the social partners, of an agricultural migrant work observ-
atory.

5.3.2.
The observatory’s role is to work together with
official bodies to record and analyse migration movements
and to formulate proposals, addressed to the EU institutions
and the other parties involved, for improving the situation of
migrant workers. The observatory could provide information
and advice for employers associations, trade unions, self-help
groups, administrations and political bodies. It should tie in
with the existing EU initiatives and help to network their
operations.

5.3.3.
The Committee urges the Commission to support
the efforts of the social partners and to provide funding
for the establishment of an observatory to monitor the
employment of migrant agricultural workers in the EU. The
Commission should also encourage the Member States, too, to
establish networks at national or regional
level, with the
involvement of the social partners, to provide information and
advisory services.

5.3.4.
The relevant data can be made available in electronic
form which is accessible to the social partners, the administrat-
ive bodies concerned, the European Commission, politicians
and all other interested parties. This work should be linked to
Commission projects in areas such as the establishment of
data bases.

5.4.

Identity card

5.4.1.
The social partners in the agricultural sector in the
EU and the applicant states have started to draft bilateral
agreements providing for closer cooperation. One aspect of
these agreements is the provision of improved protection for
migrant workers.

5.4.2.
A written work permit should be introduced in order
to protect migrant workers; this permit should be carried by
the migrant worker when working and produced on request.
In addition to personal data, the permit should include, in
particular, data in respect of social security and skills. The
introduction of such a written work permit would make it
possible to verify the legal status of migrant workers. Unregis-
tered migrant workers could be identified via these permits,
which would thus provide individual migrant workers with
real protection against the effects of illegal work. Written work
permits would also entitle individual migrant workers to

C 204/96

EN

Official Journal of the European Communities

18.7.2000

obtain protection from trade unions in the host country and
to receive support from institutions such as employment
services, chambers of trade and industry and educational
organisations. The Committee calls upon the Commission to
promote pilot schemes for written work permits, in the form
of ID cards, by promoting pilot schemes.

5.5. Management of the measures

5.5.1.
Seasonal workers will continue to be needed in the
future to ensure an effective EU agricultural sector. There will
be a need in future to draw up rules governing the conditions
of employment of workers from non-EU states.

5.5.2.
Freedom of movement in the European Union also
includes the right of migrant workers to change jobs. Once
workers from non-EU states have been issued with a work
permit by one EU Member State, they are entitled to migrate
to other EU Member States. Hence the importance for all
Member States of the issue of admitting migrant workers. The
ESC urges the Commission to clarify the legal issues involved
and to find an overall EU solution to the question of migrant
workers from non-EU states, in conjunction with the Member
States and the social partners.

5.5.3.
The Committee urges the Commission to encourage
the Member States to involve the social partners in the
establishment of national quotas.

5.6. Administration

5.6.1.
State bodies, enterprises and migrant workers have
to comply with an almost impenetrable array of rules, laws
and regulations. As harmonisation advances within the EU,
these provisions need to become more transparent. Making
administrative provisions simpler and more transparent, par-
ticularly those concerning employers and employees is, in the
Committee’s view, a matter of urgency.

5.6.2.
The Commission is called upon to survey all the
existing bilateral agreements on matters relating to migrant
workers concluded between EU Member States and the
accession states. The Committee expects this survey to provide
facts which will enable it to put forward proposals and
initiatives for simplifying the existing provisions. There is a
need to establish uniform EU criteria for provisions governing
migrant workers, in the interests of both the supplier countries
and the host countries.

Brussels, 24 May 2000.

5.7. Further training

Training measures are a key instrument for enabling
5.7.1.
not just migrant workers to find employment in agriculture in
future. Such measures can also provide other groups, such as
those with low skills, unemployed persons and persons
suffering other disadvantages, with a good basis for finding
employment in agriculture. There is therefore an urgent need
to give the employment services in the Member States the
requisite instruments to enable interested parties to find out
about the abovementioned training facilities and to gain access
to them.

5.8.

Inspections

Stricter controls are not the only way to ensure that
5.8.1.
legislation and wage agreements are adhered to, or to tackle
illegal employment, in order to protect migrant workers. The
requisite funding must be made available to inform and
educate workers, enterprises and also members of the public.

5.8.2.
The education campaign does, however, also need to
be backed up by closer cooperation between investigating
bodies at EU level, as illegal trafficking in migrant workers is a
cross-frontier operation. The Commission is therefore called
upon to press for (a) greater EU level coordination in investigat-
ing and prosecuting those involved in illegal employment and
(b) the provision of the requisite staff and funding.

5.9. Social security

5.9.1. Migrant workers play a crucial role in agriculture in
the EU. They must enjoy the same economic and social rights
as all other workers. They make a key contribution to the
development of the primary sector and they should also
benefit from its achievements. Two important achievements
are the social security systems and the supplementary pension
funds which exist in some EU States. All forms of discrimi-
nation against migrant workers must be stamped out.

The Committee urges the Commission to review the
5.9.2.
social security schemes operating in the agricultural sector and
to work with the social partners to devise possible ways of
covering migrant workers. In this context, the entitlements
earned by migrant workers under social security schemes
should be safeguarded and pension rights earned by individuals
should be transferable to their respective home states.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI