COMMISSION STAFF WORKING DOCUMENT  SUMMARY OF THE IMPACT ASSESSMENT   accompanying the Proposal for a  DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  on the conditions of entry and residence of third-country nationals for the purpose of seasonal employment
Date: 2010-07-13
Institutions: European Commission
Subjects: EU migration policy, admission of aliens, foreign national, impact study, labour law, migrant worker, residence permit, rights of aliens, seasonal employment, work permit

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EUROPEAN COMMISSION 

Brussels, 13.07.2010 
SEC(2010) 888 

COMMISSION STAFF WORKING DOCUMENT 

SUMMARY OF THE IMPACT ASSESSMENT 

accompanying the 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the conditions of entry and residence of third-country nationals for the purpose of 
seasonal employment 

{COM(2010) 379 final} 
{SEC(2010) 887} 

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1. 

PROBLEM DEFINITION 

EU  economies  face  a  structural  need  for  seasonal  workers.  It  is  expected  to  be 
increasingly  difficult  to  fill  these  gaps  with  EU  national  workers,  mostly  owing  to  the 
unattractiveness  of  seasonal  work  for  EU  national  workers.  The  impact  of  the  global 
economic  crisis  remains  difficult  to  predict.  However,  according  to  the  International 
Organisation for Migration (IOM), it is expected that in certain labour market sectors in 
destination  countries, there is  likely  to  be  a  continued  stable  need  for  migrant  workers, 
particularly in healthcare, household/domestic employment and care work (as well as in 
agriculture in some countries) where the demand for such workers is structural’1.  

There  is  significant  evidence  that  certain  third-country  seasonal  workers  face  sub-
standard working conditions and exploitation, such as absence of work contracts, salaries 
below the legal minimum, absence of social security coverage, no access to basic sanitary 
services, flimsy accommodation and no access to healthcare.  

Sectors  of  the  economy  that  feature  a  strong  presence  of  seasonal  workers  —  notably 
agriculture,  horticulture  and  tourism  —  are  repeatedly  identified  as  the  sectors  most 
prone to work undertaken by illegally staying third-country nationals. 

From the sending countries’ perspective, potential migrants are faced with diverse rules 
set  by  the  different  EU  Member  States,  on  which  information  is  not  always  readily 
available.  This  is  particularly  relevant  for  the  seasonal  work  sector,  and  improving 
conditions and creating a common legal framework in this sector would be of interest to 
countries with high unemployment and strong migration pressure, notably in North and 
sub-Saharan Africa and, to a lesser extent, Eastern Europe. This would help increase the 
contribution of the EU's legal migration policies to the development of third countries.  

1. 1. 

Size and sectors of seasonal work 

Size and sectors of seasonal work vary across the European Union. For example, only in 
2008 Spain admitted 24 838 non-EU seasonal workers2. For the 2008 calendar year, only 
by  7  February  2008,  Italy  received  11 273  applications3  (for  2008,  2009  and  2010,  the 
quota set by the Italian Ministry of Interior for seasonal work by non-EU nationals has 
been 80 000)4. In 2009, Germany admitted 4 248 non-EU seasonal workers, France 2 215 
(the corresponding number for 2008 was 3 860) whereas Sweden 7 2525. 

Non-EU  seasonal  workers  have  been  also  working  in  the  new  Member  States.  For 
example,  Hungary  admitted  919  and  892  third-country  nationals  in  2008  and  2009 
respectively.  The  data  available  for  Poland  concerns  temporary  work  undertaken  by 
third-country nationals and, as a result, the numbers are considerably higher - 181 030 for 
2009. However, the main sector of employment is agriculture. In Slovenia over 10 000 
non-EU nationals have been admitted as seasonal workers in 2008 and 2009. 

1 

2 

3

4 
5 

IOM  Policy  brief:  The  impact  of  the  global  economic  crisis  on  migrants  and  migration,  March 
2009, pp. 5-6. 
Ad-Hoc Query on Seasonal Workers and Intra-Corporate Transferees Requested by Commission 
to EMN NCP on 17 March 2010. 

http://www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/immi

grazione/0848_APP_domande_pervenute_STAGIONALI.html 
Above, at 2.  
Ibid. 

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Although trends are short and not comparable given the gaps in data, general increases of 
foreign seasonal labour were registered in recent years in Member States such as France, 
United Kingdom and Slovenia.  

The scarcity of very recent data does not allow a proper assessment of the impact of the 
current  economic  crisis  on  the  demand  for  non-EU  seasonal  workers.  Nonetheless,  the 
comparison of the data for 2008 and 2009 does not show any falling off in respect of the 
demand.  Whereas  there  are  Member  States  where  the  numbers  of  the  admitted  third-
country nationals for 2009 are lower (Austria, Slovenia, Hungary) or even considerably 
lower  in  2009  (France),  there  are  also  Member  States  in  which  an  increase  has  been 
observed (Germany and Sweden)6.  

Further,  it  should  be  emphasised  that  seasonal  work  sectors  are  very  prone  to  work 
undertaken  by  illegally  staying  workers  or  otherwise  unregistered  workers,  so  that  the 
total  numbers  of  seasonal  workers  can  be  assumed  to  be  much  higher  (well  above 
100 000 per year). 

For  certain  regions  in  certain  Member  States  seasonal  labour  recruited  from  third 
countries is crucial. Thus, regarding agriculture in Andalusia, in particular in the province 
of Huelva, 35 000 third-country nationals were recruited from non-EU countries in 2008. 
An estimated 12 000 agricultural seasonal workers from third countries are employed in 
southern Italy, especially in Apulia, and an estimated 5 000 Moroccan seasonal workers 
in the French department of Bouches-du-Rhône. Those third-country workers are thought 
to  represent  about  80-90%  of  total  seasonal  workers.  In  tourism,  certain  regions  of 
Austria, most notably Tyrol and Salzburg, strongly rely on seasonal workers from third 
countries  to  cover  seasonal  peaks:  the  quota  was  set  at  8 000  for  the  2008/09  winter 
season. 

In many Member States seasonal workers from third countries take up low-skilled jobs in 
specific sectors such as agriculture (e.g. 60% of total seasonal labour force in Italy, 20% 
of total labour force in agriculture in Greece) and tourism (e.g. in Spain work permits for 
work  in  the  hotels  and  catering  sector  reached  13%  of  the  total  work  permits  issued  in 
2003),  which  generally  require  low-skilled  or  manual  workers  and  where  there  are 
significant shortages of manpower. 

1.2. 

Principle of subsidiarity 

Any measure  proposed will  respect the competence of Member States to determine the 
numbers of economic migrants seeking access to the EU, including by means of national 
quotas.  Thus,  it  remains  up  to  the  respective  Member  State  to  assess  whether  it  has  an 
economic need for the admission of third-country seasonal workers. 

Although third-country workers enter a specific Member State within the EU, a Member 
State’s decision on the rights of third-country nationals could affect other Member States. 
The  difference  in  treatment  granted  to  third-country  nationals  in  the  different  Member 
States consequently has a supranational dimension that lies outside the scope of national 
legislation. 

The  Schengen  area  without  internal  borders  requires  a  common  discipline,  that  is, 
common minimum rules to reduce the risk of overstaying and illegal entries that may be 
caused by lax and diverse rules on admission of seasonal workers.  

6 

Above, at 2.  

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Exploitation  and  sub-standard  working  conditions  of  third-country  national  seasonal 
workers need to be overcome, by granting certain socio-economic rights in a binding, and 
thus enforceable, EU-level instrument, in line with the call by the 1999 Tampere Council 
for third-country nationals to be granted fair treatment and a secure legal status, as well 
as the EU's general commitments to human rights and fundamental freedoms. 

An  EU  instrument  on  seasonal  workers  is  important  to  improve  effective  cooperation 
with third countries, both in allowing the EU to facilitate low/non-skilled legal migration 
and in strengthening third countries’ commitment to fighting illegal immigration. 

1. 3. 

EU added value 

Member  States  and  employers  of  seasonal  workers  would  benefit  from  a  flexible 
admission system to cope with seasonal labour shortages.  

Third-country  seasonal  workers  would  benefit  from  a  common,  transparent  and 
accessible European framework, allowing them to move legally towards Member States 
in  need  of  labour.  Such  legal  migration  opportunities  may  also  diminish  illegal 
immigration and illegal employment. 

EU action would send a cooperation-oriented message to third countries concerning the 
management of labour migration. A commitment on behalf of the EU as a whole in the 
field of economic migration in the non-skilled and low-skilled sector is likely to facilitate 
cooperation  with  third  countries,  including  in  fighting  illegal  migration  and  fostering 
mutually beneficial circular migration (according to which migrant workers could come 
to a Member State to work temporarily, go back to their countries and come again in the 
EU etc.). 

2. 

OBJECTIVES 

2.1. 

The global objectives:  

1. To respond to seasonal fluctuations in the economy and offset labour shortages faced 
in specific industries/economic sectors and regions; 

2. To contribute to preventing exploitation and poor working conditions for third-country 
seasonal workers and illegal immigration; 

3. To contribute to the development of third countries. 

2.2. 

The specific objectives:  

1.  To  provide  for  flexible  rules  to  facilitate  the  temporary  legal  migration  of  seasonal 
workers and to promote their circular migration;  

2.  To  provide  for  equal  conditions  for  employers  of  third-country  seasonal  workers 
legally entering the EU labour market; 

3.  To  ensure  a  secure  legal  status  and  protection  against  exploitation  of  third-country 
seasonal workers; 

4. To enhance cooperation with third countries in the management of seasonal migration. 

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3. 

POLICY OPTIONS 

Under  all  of  the  options  examined,  the  Member  States  would  remain  free  to  determine 
the overall numbers of seasonal workers they admitted, in accordance with Article 79(5) 
of the Treaty on the Functioning of the European Union. 

3.1. 

Option 1: Status quo 

Current  developments  in  Member  States  and  at  EU  and  international  level  would 
continue  within  the  existing  legal  framework.  Employers  will  be  under  certain 
obligations under the Directive on employer sanctions, namely as regards notifications to 
authorities and penalties in case of illegal employment. The effect of this option would be 
limited. 

3.2. 

Option 2: Directive on entry and residence conditions of seasonal workers 
and rights 

Common  rules  would  be  established,  including  the  definition  of  seasonal  work, 
admission  criteria,  maximum  duration  of  stay  as  a  seasonal  worker  and  provisions  on 
equal  treatment  with  EU  national  seasonal  workers  with  respect  to  certain  socio-
economic  rights,  to  a  differing  extent  (sub-option  2A:  clear  determination  of  working 
conditions; sub-option 2B: clear determination of working conditions and equal treatment 
with EU nationals with respect to certain socio-economic rights such as such as freedom 
of  association,  right  to  social  security,  etc.).  This  option  would  help  establish  equal 
conditions for EU employers and prevent exploitation. However, seasonal workers would 
still be faced with diverging and complex procedures for entry.  

3.3. 

Option 3: Directive laying down common admission procedures  

In  addition  to  option 2,  a  single  permit  would  be  introduced  for  work  and  residence  of 
third-country seasonal workers, to be issued in a single procedure. Provisions would be 
made for facilitating re-entry of a seasonal worker in subsequent seasons (sub-option 3A: 
introduction  of  a  multi-seasonal  permit;  sub-option  3B:  introduction  of  a  facilitated 
procedure  for  re-entry).  Hiring  procedures  would  be  more  efficient,  and  a  more 
predictable workforce would be available for EU employers. However, the playing field 
for EU employers would not be levelled and seasonal workers would continue to face a 
risk of exploitation.  

3.4. 

Option 4: Directive on measures to ensure effective return  

Measures  would  include  limitation  of  the  length  of  stay,  and  an  explicit  obligation  to 
return at the end of the period. An explicit obligation to report to the consular authorities 
after  return  is  also  considered.  Overstaying  of  seasonal  workers  would  be  prevented  to 
some  extent.  Effects  on  the  functioning  of  the  EU  internal  market  would  be  marginal. 
Seasonal workers would still be faced with diverging and complex entry procedures. 

3.5. 

Option  5:  Communication,  coordination  and  cooperation  among  Member 
States  

No  new  legislation  is  introduced  but  complementary  and  supporting  activities  are 
provided for with  a view to approximating Member States’ practices. Effects would be 
limited,  as  the  measures  would  not  be  binding;  potential  seasonal  workers  would 
continue to face an array of different rules for admission and different rights during their 
residence. 

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4. 

COMPARING THE OPTIONS 

Table 1: Impacts 

Assessment 
criteria 

PO 1: Status 
quo 

PO 2 

PO 3 

PO 2A 

PO 2B 

PO 3A 

PO 3B 

PO 4 

PO 5 

√ 

√√ 

√ 

-√ 

-√ 

√√ 

√√ 

√√ 

-√√ 

-√√ 

-√√ 

-√√√ 

Relevance 

•  Global 

objective 1  

•  Global 

objective 2  

•  Global 

objective 3  

Feasibility 

Difficulty/risks  for 
transposition 

Simplification 
administrative 
burden 

of 

and 

Financial 
administrative 
costs 

0 

0 

0 

N/A 

N/A 

N/A 

EN 

√√√ 

√√√ 

√√√√ 

√√ 

√√(√) 

√√√ 

-√√√√ 

-√√√ 

0 

-√ 

-√ 

-√ 

6 

0√ 

√√ 

√ 

-√√√ 

-√√√ 

-√√√√ 

0/√ 

0/√ 

0 

0 

-√√√ 

-√√√ 

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Assessment 
criteria 

PO 1: Status 
quo 

PO 2 

PO 3 

PO 2A 

PO 2B 

PO 3A 

PO 3B 

PO 4 

PO 5 

Expected impacts 

Economic  impacts 
at EU level 

Impacts on SMEs 

impacts  at 

Social 
EU level 

Impacts  on 
countries 

third 

Impacts  on  third-
country 
seasonal 
workers 

Impacts  on  EU 
national 
seasonal 
workers 

0 

0 

0 

0 

0 

0 

√√ 

-√√ 

√√ 

√ 

√√ 

√ 

√√√ 

-√√√ 

√√√ 

√√ 

√√√ 

√√ 

EN 

√√√√ 

√√√√ 

√√√√ 

√√√√ 

√√ 

√ 

7 

√√√ 

√√√ 

√√√ 

√√ 

√√ 

√ 

√ 

√ 

√√ 

√√ 

-√√√ 

√ 

0 

0 

0/√ 

0/√ 

0/√ 

0 

EN 

 
  
 
 
 
 
Table 2: The preferred option 

The preferred option is a combination of different aspects of policy options 2B, 3A/B and 4. 

Main areas of 
EU action 

Admission 
conditions 

Re-entry in 
subsequent 
years 

Rights and 
benefits granted 
to TCN SWs 

Provisions 
ensuring return 
of TCN SWs  

Provisions of the preferred policy options 

Policy options and sub-options 
considered 

•  Common definition of seasonal workers; 
•  Common  admission  criteria,  such  as  the  need  to  perform  a  labour  market 

Policy option 2B 

test, the need for a work contract or a binding job offer; 

•  Definition of the maximum duration of the permit; 
•  Single permit for work and residence on the territory of the Member State; 
•  Admission  allowed  on  the  basis  of  a  visa  bearing  the  words  ‘seasonal 

worker’ for short periods of stay (up to 3 months);  
Definition  of  a  maximum  time  for  processing  applications  for  the  single 
permit. 

•  Multi-seasonal  permit,  with  a  maximum  duration  defined  (e.g.  up  to  three 

years), or facilitated procedure for re-entry (optional for Member States); 
•  Previous compliance of the third-country seasonal workers with all rules as a 

condition for re-entry. 

•  Comprehensive set of rights in the field of working conditions; 
•  Equal  treatment  with  EU  nationals  with  respect  to  social  security  rights, 
such as occupational diseases, accidents at work, sickness benefits, invalidity 
benefits, family benefits, death grants;  

•  Right to change employer (e.g. in the event of situation of exploitation/poor 
working  conditions,  in  the  case  of  consecutive  short  harvests)  and  within  the 
duration of authorised stay.  

•  Explicit obligation to return after the end of each season; 
•  Maximum duration of the authorisation to stay per season; 
•  Possibilities  for  facilitated  re-entry  in  subsequent  years  that  are  accessible 
only  to  TCN  SWs  who  have  complied  with  all  conditions  during  their 
previous stay as a seasonal worker. 

Sub-option 3 A/B 

Sub-option 2 B 

Options 4, 3 A/B 

4.1.  Main benefits 

The preferred option would achieve better results than any of the policy options alone, or any 
other combination of options. Common admission standards with simplified entry procedures 
would  provide  Member  States  with  a  flexible  instrument  for  the  admission  of  the  seasonal 
labour force they need. The preferred option requires Member States to either introduce multi-
seasonal permits or set up a facilitated procedure. This would have positive impacts on labour 
market needs, as the supply of seasonal workers should be more easily guaranteed, and would 
offer prospects to third-country seasonal workers for legal, circular migration.  

Equal  treatment  in  a  broader  range  of  areas  would  reduce  risks  of  exploitative  working 
conditions  and  increase  remittances.  Several  provisions  should  help  ensure  the  return  of  the 
third-country seasonal workers and thus reduce the risk of overstaying and illegal work.  

Safeguards are  introduced to address the problem  of  lax enforcement.  Thus,  authorities  will 
have  to  carry  out  checks  before  the  entry  of  a  seasonal  worker  (e.g.  existence  of  a  work 
contract  with  a  salary  equivalent  to  national  seasonal  workers).  Under  the  Directive  on 
employer  sanctions  labour  inspections  in  certain  risk  sectors  for  illegal  employment  will  be 
undertaken that are expected to have positive spill-over effects for sectors of seasonal work. 

4.2. 

Administrative costs 

The  number  of  third  country  national  seasonal  workers  to  be  admitted  to  the  EU  to  meet 
future labour needs is estimated at 230 000 per year. At least half of these, thus 115 000, are 
estimated to be eligible for a multi-seasonal permit/facilitated re-entry. The hourly tariffs of 
Member  States’  personnel  are  estimated  to  be  € 23.  The  examination  of  an  application  is 
calculated  to  require  6  h;  information  on  multi-seasonal  permits  0.5  h  and  annual  reporting 
10 h. 

The preferred option would lead to the following additional administrative costs (per annum) 
for  Member  State's  authorities:  transmission  of  information  by  regional/local  foreigners’ 

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to 

the  Member  State's  authority  handling 

offices 
the  database  of  multi-seasonal 
permits/facilitated re-entry procedures (€ 57 500) and obligation to submit annual statistics to 
the Commission and other Member States on numbers of residence permits or visas issued to 
third-country seasonal workers (€ 5 980), thus in total € 63 480. Initial costs could be expected 
to reduce as the Member State administrations become familiar with the scheme.  

4.3. 

Proportionality and EU added value 

Proposing binding rules on the admission and residence conditions of third-country national 
seasonal workers is proportionate to the problem to be tackled. The proposed Directive puts in 
place  a  common  EU  wide  procedure  while  respecting  the  Member  States'  competence  over 
immigration.  Furthermore  it  is  the  only  way  to  ensure  a  clear  legal  framework  for  migrant 
workers who, unfortunately, are a group open to exploitation. The choice of a Directive as the 
legal instrument used leaves flexibility to the Member States whilst ensuring a common end 
result.  The  Commission  has  underlined  since  2001  that  binding  common  standards  are 
required.  Their  implementation  and  application  can  be  effectively  monitored,  especially  as 
regards  approximation  of  the  rights  that  legally  staying  migrants  enjoy  compared  to  EU 
nationals,  in  line  with  the  call  made  by  the  1999  Tampere  European  Council  for  action 
‘granting legally resident third-country nationals rights and obligations comparable to those 
of EU citizens’.  

The  Directive  leaves  a  great  deal  of  flexibility  for  Member  States  in  implementation.  The 
preferred option  would  constitute  a relatively minor change from  the status  quo in terms of 
both  the  weight  of  the  legislation  and  the  burden  on  legitimate  employers.  Some  Member 
States may have increased burdens resulting from the need to set up (more) specific rules, but 
these are justified in relation to the objectives and in view of their expected future need for 
this  category  of  third-country  workers.  It  will  remain  for  Member  States  to  determine  the 
volumes of third-country seasonal workers admitted. 

This  combination  of  policy  options  has  the  potential  to  generate  the  following  EU  added 
value: 

–  simplified  admission  procedures  and  residence  conditions  for  third-country  national 
in  specific 
seasonal  workers  contribute 
industries/economic  sectors  and  regions  where  shortages  exist  and  are  expected  to 
increase; 

labour  shortages 

to  offsetting 

faced 

–  better protection against exploitation for third-country seasonal workers; 

–  reduced  risk  of  overstaying  and  illegal  employment  owing  to  a  common  discipline  for 

admission and stay of seasonal workers; and 

–  impetus to the further development of third countries and of the external aspects of the EU 

migration policy. 

Third-country  national  seasonal  workers  would  not  be  treated  in  a  more  preferential  way 
compared to EU nationals to whom transition periods for free movement of workers apply. In 
particular,  equal  treatment  in  certain  socio-economic  areas  would  only  be  granted  once  the 
third-country national seasonal worker was admitted to a Member State to work.  

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5. 

MONITORING AND EVALUATION 

In  accordance  with  the  Commission  Communication  ‘A  Europe  of  results  –  Applying 
Community law’7, the Commission suggests setting up an expert group of representatives of 
the  Member  States  and  the  Commission  (the  ‘Contact  Committee’),  which  would  meet  to 
discuss  issues  concerning  the  transposition  of  the  proposed  directive,  along  the  lines  of  the 
Contact  Committees  that  meet  regularly  to  consider  the  implementation  of,  for  example, 
Directives 2009/50/EC and 2009/52/EC. The proposed expert group would ensure improved 
information  flow  between  EU  and  national  authorities  on  how  the  directive  is  implemented 
and would help anticipate and resolve problems more effectively.  

Member States would be required to communicate to the Commission and the other Member 
States statistics on the volumes of third-country national seasonal workers in respect of whom 
a seasonal work permit has been granted, renewed or withdrawn during the previous calendar 
year, indicating their nationality, age and sex, length of validity of the permit and economic 
sector.  

Monitoring and evaluation arrangements will be also carried out in the form of a Commission 
evaluation  report  three  years  after  the  transposition  deadline  of  the  Directive,  on  basis  of 
Member States’ reporting. 

7 

COM(2007) 502. 

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