CELEX: 51976PC0331
Language: en
Date: 1976-10-30
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE HARMONIZATION OF LAWS IN THE MEMBER STATES TO COMBAT ILLEGAL MIGRATION AND ILLEGAL EMPLOYMENT

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