Bulletinof the European Communiti.

Supplement 3/76

Action programmein favour ofmigrant workersand their families

COM(74) 225014 December 1974

Blank pages not reproduced:

EUROPEAN COMMUNITIES

Commission

, 6 , and 10

The action programme in favour of migrant workers and their families was submitted to theCouncil on 18 December 1974; having received the Opinions of the Economic and Social Com-mittee and the European Parliament, both of which Were favourable, the Council took note ofthe programme in its Resolution of 9 February 1976.

In the Resolution the Council stressed the need to continue and enhance the humanization ofthe freedom of movement for workers from the Member States and to achieve equality oftreatment for migrant workers from third countries. Particular importance should be given tomeasures concerning vocational training, social services, medical and social care, the educationof children, and information. Illegal immigration must be stopped and there should be appro-priate consultation on migration policies vis-ii-vis third countries.

In accordance with the Resolution, the Commission will put forward proposals on ways of im-plementing the programme.

contents

Council Resolution of 9 February 1976 on an action programmefor migrant workers and members of their families.

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Action programme in favour of migrant workers and their fam-ilies (transmitted by the Commission to the Council on18 December 1974) .Introduction

Living .and working conditions

. . . . . . . . . .

Free movement .SocialsecurityCommunity nationals. .

. . . . . .

Third country nationals. .

. . . . . . . . . .

Vocational training, including language teachiRg .

. .

Social services .Housing.Education of children.

. . . . . . . .

Health .Information and statistics

. . . . . . . . . .

Civic and political rights

. . . . . . . .

Illegalimmigration

Coordination of migration policies

. . . . . . . .

Council Resolution

of 9 February 1976on an action programmefor migrant workersand members of their families

The Council of the European Communities,

Having regard to the Treaties establishing theEuropean Communities

Whereas the Council resolution of 21 January1974 concerning a social action programmel pro-vides, among the measures to be adopted during

fU'st stage covering the period from 1974 to1976, for the establishment of an action pro.

gramme for migrant workers and members oftheir families;

Whereas, following the Council resolution of21 January 1974, the Commission submitted tothe Council a communication on an action pro-gramme for migrant workers and their familieson which the European Parliament and the Eco-nomic and Social Committee have given theiropinions;

Whereas the prime objective, already stated inthe Council resolution of 21 January 1974, is to

enable workers who are nationals of MemberStates to find employment in their own region;whereas , however, pending the economic and so-cial development of the regions from which theycome it is necessary to improve the conditions offreedom of movement for such workers and formembers of their families and to seek appropriatesolutions with a view to eliminating progressively

such unwarranted restrictions on their rights asmay still exist under Community Regulations inforce;

Whereas it is also necessary to strengthen themeasures designed to humanize further freedomof movement for workers who are nationals ofMember States, which , although it constitutes abasic right, can nevertheless involve serious dif-ficulties when they and members of their familiesfind themselves confronted, lacking adequate as-sistance , with the problems arising in the variousstages of migration;

Whereas it is also necessary to improve the cir-cumstances of workers who are nationals of thirdcountries and members of their families who areallowed into the Member States, by aiming atequality between their living and working condi-tions, wages and economic rights and those of

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workers who are nationals of the Member Statesand members of their families;

Whereas it is necessary to promote consultationon migration policies vis a vis third countries andto examine , where appropriate, problems facingworkers who are nationals of the Member Statesresiding in third countries;

Whereas the actions to be taken in favour of mi-grant workers and members of their familiesmust accord with activities concerning consulta-tion on the employment and social protectionpolicies of Member States;

Whereas it is necessary to implement this reso-lution in accordance with the guidelines laiddown in the Council resolution of 21 January1974;

Whereas, when the actions provided for in thisresolution are implemented, account should betaken of the policies and conditions peculiar toeach Member State and , in particular, of the dif-fering extent and the differing characteristics ofthe migratory movements and of the numbersand density of the migrant populations

1. Takes note of the Commission communica-tion on an action programme for migrant workersand their families,

2. Considers that in the Community s present

economic and social situation action in favour ofmigrant workers and members of their familiesshould concentrate on the improvement of thecircumstances of migrant workers and membersof their families within the Member States, andin particular on measures which will:

(a) continue and enhance the humanization offreedom of movement for workers provided forin Articles 48 to 51 of the Treaty establishing theEuropean Economic Community by means of ap-propriate measures designed to promote, in ac-

cordance with the rights deriving from Commu-nity acts in force, genuine equality of treatmentwith national workers and taking into account allthe requirements arising in the various stages ofmigration.

1 OJ C 13 of 12. 1974.

These shall include, in particular:

(i) taking whatever organizational steps are ap-propriate to, and strengthening cooperation be-tween, national employment services, particularlyas regards official machinery for vacancy clear-ance in order to encourage as many migrantworkers as possible to use these services,(ii) offering appropriate assistance to migrantworkers and members of their families to facili-tate their integration in the host country, particu-larly by improving the social infrastructure andmaking more information available, and by en-couraging them to take advantage of the officialservices available to nationals.

(Hi) providing, during the stages of re~u!fl toand reintegration into the country of ongm, aspart of the collaboration between the hostcountry and the country of origin, appropriate as-sistance to those migrant workers and membersof their families wishing to resettle in theircountry of origin;

(b) seek appropriate solutions with a view toeliminating progressively such unwarranted re-strictions on the rights of workers who are na-tionals of other Member States and members oftheir families as may still exist under Commun-ity Regulations in force;

(c) encourage the achievement of equality forworkers who are nationals of third countries andmembers of their families who are legally resi-dent in the Member States , with regard to livingand working conditions, wages and economicrights;

3. Considers that with a view to promoting thesocial and occupational advancement of migrantworkers and members of their families, particularimportance should be attached to measures con-cerning vocational training, housing, s?Cial ~er-vices , medical and social care schemes mcludmgpreventive medicine, schooling of children, infor-mation , and the creation of a better understand-ing among the general public of the host countryof the problems of migrant workers and membersof their families;

4. Expresses the wish that the work being ried out to implement point 11 to the commUnI-que of the Conference of Heads of Government

held in Paris on 9 and 10 December 1974, con-cerning the granting of special rights to citizens

of the Member States, will be expedited;

5. Considers that it is important to:(a) undertake appropriate consultation on migra-tion policies vis a vis third countries,

(b) strengthen cooperation between MemberStates in the campaign against illegal immigrationof workers who are nationals of third countriesand ensure that appropriate sanctions are laiddown to repress trafficking and abuses linkedwith illegal immigration and that the obligationsof employers are fulfilled and the rights of work-ers relating to the work they have carried outsafeguarded without prejudice to other conse-quences of the unlawful nature of their residenceand employment;

6. Considers that the social problems arising forworkers who are nationals of the Member Statesand resident in certain third countries and formembers of their families should be examined asnecessary;

7. Expresses the political resolve that the mea-sures referred to in this Resolution be imple-mented , with account being taken of the com-petence of the Community institutions on theone hand and that of the Member States on theother;

8. Considers that future developments of thisresolution should be examined in the frameworkof the implementation of the Council resolutionof 21 January 1974.

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Action programmein favour of migrant workersand their families(transmitted by the Commission to the Councilon 18 December 1974)

Introduction

The Council Resolution of 21 January 19741 de-fined as a main objective the attainment of fulland better employment in the Community, andwithin that context gave a special priority to theestablishment during 1974 of an action pro-gramme for migrants. This decision of the Coun-cil reflected growing concern about one of theCommunity most pressing social chal-lenges-the situation of the migrant worker andhis family.

Migration is , of course, no new phenomenon inEurope. But during the last fifteen years espe-cially, there have been dramatic changes in itsextent and nature. In 1959 about three-quartersof the migrant workers in the then Communityof Six came from the Member States, largelyItaly, and only one-quarter from Third Countries.By 1973, in the enlarged Community of theNine , these proportions had been reversed; andmoreover, the total numbers involved had greatlyincreased as a result of the great economic expan-sion of the 1960s. In 1973 it was estimated thatthere were over 6 million migrant workers em-ployed in the Community, and allowing for de-pendents, the total migrant population in theNine countries almost certainly exceeded 10 mil-lion. While the percentage of migrants variessubstantially between Member States in theCommunity as a whole, they account for some4 % of the total population, while in the indus-

trialized areas the concentration is much higher.

The influx of migrant workers on this scale hashad profound consequences for the economics ofthe Member States. First , their presence has con-tributed to a faster rate of economic growth thanwould otherwise have been attainable-at leastwithout much greater rates of capital investment.Second , they have given the system a greater de-gree of flexibility than it would otherwise have

had. The fact that the migrants are available insuch large numbers and are usually engaged onshort-term contracts-typically one year-hasfacilitated the adjustment of the labour force,both in individual enterprises and in the econ-omy as a whole, to short-term changes in de-mand, and has, therefore, facilitated anti-cyclical

policies. Third , there is evidence that the ready

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availability of a relatively cheap source of unskill-ed manpower has retarded the search for greaterproductivity in Community industries.

Migration has also had important and adverse ef-fects on the balance of activity between regions

the Community. It has contributed to the con-tinuing concentration of resources and manpowerin the Community s central, and already heavilyindustrialized areas , at the expense of the peri-pheral regions. These regions tend to lose themost dynamic elements of their population, in

many cases after they have invested considerableresources in educating and training them. In thissense the poorer regions have to some extentbeen subsidizing the richer.

In the industrialized ar~as, on the other hand, theconstant influx of migrants has aggravated prob-lems of over-concentration, particularly in rela-

tion to the overloading of the social infrastructureand adverse environmental effects.

Thus there can be no permanent solution to theproblems caused by migration within the Com-munity without an effective Community RegionalPolicy to redress the existing imbalances and re-duce the necessity for migration which at presentexists.

However, the majority of today s migrants, as al-ready indicated, come from outside the Commu-nity. It is , therefore, essential to consider also the1 OJ C 13 of 12. 1974; Supplement 2/74 Bull. Ec.Extract from the Council Resolution of 21 January 1974. TheCouncil... expresses the political will to adopt ... the meas-ures necessary:

to establish an action programme for migrant workers andmembers of their families which shall aim in particular;

to improve the conditions of free movement within theCommunity of workers from Member States, including socialsecurity, and the social infrastructure of the Member Statesthe latter being an indispensable condition for solving the spe-cific problems of migrant workers and members of their fam-ilies, especially problems of reception , housing, social services,training and education of children;

to humanize the free movement of comrounity workersand members of their families by providing effective assis-tance during the various phases, it being understood that theprime objective is still to enable workers to find employmentin their own regions;

to achieve equality of treatment for Community and non-Community workers and their families in respect of livingand working conditions , wages and economic rights, takinginto account the comrounity provisions in force;

to promote consultation on immigration policies vis-it-visthird countries.

socio-economic repercussions of migration in itspresent form on the third countries most affected.

In the past it has been argued that emigrationwould benefit these countries by providing em-ployment opportunities which the migrants couldnot find in their home countries, and that by mi-grating they could learn skills which on their ev-entual return home would be put to use in sucha way as to speed economic development in theircountry of origin.

Today these assumptions are being questioned inmany of the third countries. Most third countrymigrants never advance beyond the status unskilled workers in the Community. When theydo acquire skills, these do not necessarily matchthe needs of their home country, and the numberof permanent settlers is increasing. Thus, as inthe poorer regions of the Community, the thirdcountries suffer a growing loss of manpower.

long- term programme for migr~ts cannottherefore, confine itself to the social problemscaused by migration for the migrants themselvesand the communities within which they settle. Itmust embrace the whole range of economic, re-gional , industrial and development policies whichaffect the phenomenon of migration. It is neces-sary to examine the effects of migration not onlyon the Community but also on the third coun-tries concerned. Within this context it is neces-sary, as the programme states, to establish coor-dination at Community level of the national pol-icies of Member States towards migration andmigrants, as well as taking the problem of migra-tion into account in drawing up Community pol-icies in other areas.

Measures to correct the present imbalances whichcause migration-measures which, as indicatedabove , must involve a whole complex of policiesin many different fields-will inevitably taketime to bring to fruition. And it is unrealistic tosuppose that even in the long term the need formigration can be eliminated. While sometimesmigration results from a free decision to seek bet-ter living conditions-Community workers havethe right of free movement under the Treaty ofRome-the majority of migrations , both by Com-munity and third country workers are forcedthrough unemployment and economic pressures.

Thus, in addition to the global approach to theproblem of migration indicated above, there is anurgent need-both now and in the foreseeablefuture-for specific social and educational meas-ures to improve the conditions of the migrantworkers and their families. These were the as-pects specifically stressed by the Council in itsResolution of 21 January 1974,1 and it is withthese aspects that the present Community actionprogramme for migrants concerns itself.

Despite the efforts of all concerned, in particularGovernments and the Social Partners, the socialconditions of the migrant do indeed give causefor serious concern-especially in the case third country migrants, who have no Communityprotection and rely solely on often restrictive na-tional legislation, for example, in regard to thetype of job they can take, where they may live,and the right to be joined by their families.

For this reason solutions in common must befound, not only to the problems of Communitymigrants but also for those from third countries.These solutions must take account of the mi-grant workers' needs and their rightful place in asociety to whose prosperity and well-being theycontribute. As the migrant population increases,and they remain longer in the Community, sotheir interest in the affluent society around themincreases and their sense of exclusion from it canbecome more acute.

In fact , after more than a decade of benefit frommigrant labour, the Community finds itself witha large unassimilated group of foreign workers,

who share almost all the obligations of the so-ciety in which they live and work but , more oft-en than not , have a less than equal share in itsbenefits and rights. This situation is in the longterm intolerable-degrading for the migrant anddangerous for the Community.

As regards Community migrants, a major step to-wards the abolition of discriminations based onnationality was achieved in respect of employ-ment , remuneration and other working condi-tions by the adoption of Regulation 16122 in1968. Nevertheless, experience has shown that achieve full equality of treatment in living and

1 OJ C 13 of 12.2.1974; Supplement 2/74 Bull. Ec.2 OJ L257 of 19. 10. 1968 and L 295 of 7.12.1968.

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working conditions this Regulation needs to besupplemented.

Third country migrants, whose position is regu-lated mostly by bilateral agreements, do not en-joy the same protection.

In the Commission s view, one of the basic ob-

jectives of an action programme for migrantsmust be the progressive elimination of all discrimina-tions against them in living and working .conditions,once, in the case of third country migrants, they havebeen legally admitted to employment in the Commu-nity.

Lack of basic vocational training is a handicap

which affects a high proportion of migrants. Dur-ing their stay in the host country they rarely getthe opportunity to benefit from training courses

improving their job prospects. The shortage ofhousing at reasonable cost has led to the concen-tration of migrants in ghettoes with the associat-ed risks of racial tensions and xenophobia. Thirdcountry migrants are usually not permitted to bejoined by their families until they have been re-sident in the host country for at least one andoften two years. Deportation is often at the com-plete discretion of the authorities.

Many categories of social security benefits do notapply to third country migrants. Others are sub-ject to long qualifying periods. Family benefitsare often confined to children residing in the hostcountry, and there are severe limitations on theexport of other benefits. Periods of employmentand insurance in different Member States are notaggregated for the purpose of determining entitle-ment to benefit. At the same time third countrymigrants have equal liability for social securitycharges as compared with nationals.

Community migrants also suffer specific disad-vantages in this field. They are often excludedfrom social benefits not directly linked with thejob, for example cheaper transPQrt for children oflarge families. Certain social security bene-fits-for example, family allowances-are not ex-portable.

Migration , for children gives rise to the particularproblems of family disruption and integrationinto a new language and culture. They are facedwith the difficulty of assimilation to the new lan-

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guage and educational system while at the sametime preserving their native language and culture.

Migrant workers are particularly vulnerable to ill-ness and disease following the sudden change ofclimate and environment. The problems are ag-gravated by linguistic barriers in communicationwith medical staff. There barriers , indeed, compli-cate migrants' efforts to obtain information on awhole range of essential topics on entering thenew country, and point to the need for adequa-tely equipped reception facilities and social work-ers.

The European Social Fund can now assist MemberStates in their integrated migration programmesfor Community migrants , and with actions aimedat helping migrants from Community and thirdcountries to adapt to their new working and liv-ing environment.

An action programme for migrants must alsodeal with the problem of illegal migration whichhas been growing in recent years , and is now es-timated to amount to 10% of the total volumeof immigration.

The foregoing are some of the main questionsdealt with in the proposed action programme formigrants. Another problem which the Commis-sion considers needs to be tackled urgently is thefact that migrant workers, even those from theMember States, have no political rights, with the

exception of Commonwealth and Irish migrantsin the United Kingdom.

This programme is being presented under condi-tions which are in certain respects significantlydifferent from those obtaining during the periodin which the migrant population built up to itspresent level. The Community now faces a per-iod of insufficient job opportunities. This situa-tion has been reflected' in the actions taken by anumber of Member States to temporarily suspendthe admission of migrants from third countries.

In this situation it is necessary, not only as in-dicated above to move towards concertation ofimmigration policies , but also in the short termto try to ensure that migrants, especially thosefrom Community countries , do not suffer undulyfrom the recession in jobs. Without, howeverlosing sight of the responsibility placed upon em-ployers and the Member States, the most impor-

tant thing to be done in this context is to movetoward a Community employment policy. This isthe subject of Commission proposals which falloutside the content of this programme. Insofar asthey are successful, the migrant will be amongthe first to benefit.

The implementation of the various items in theprogramme falls in some cases within the Com-mission s own field of initiative, while in othersit will require decision by the Council, on thebasis of proposals from the Commission.

Cooperation between the Member States, the so-cial partners, and the Commission will be essen-tial for the effective carrying out of the pro-gramme.

Shortly after the submission of this programme,the Commission will follow with a number ofimplementing proposals on which a considerableamount of preparatory work has already beendone. These concern a uniform system of pay-ment of family benefits for Community mi-grants;1 the extension of the exercise of tr~deunion rights;2 and a revised proposal concernmgthe conflict of laws , which will apply protectionto the third country migrant. The Commissionhas undertaken to prepare, as soon .as possible, aCharter for Migrants , which has been requestedby the European Parliament. Another importantpart of the programme to be implemented 1975 is the putting into operation ofa Commu-nity system of job information (SEDOC).

Proposal transmitted by the Commission on 10 April 1975OJ C 96 of 29.4. 1975.

Regulation adopted by the Council on 9 February 1976, OJ

L 39 of 14. 1976.Articles 15 and 38 of the Regulation on freedom of move-

ment for workers within the Community, OJ L 257 of19. 10.1968 and L 295 of 7. 12. 1968.

Living and working conditions

The achievement of equality of treatment forCommunity and non-Community workers, aswell as for members of their families, in respectof living and working conditions, wages and eco-nomic rights, is an important objective of theCouncil Resolution of 24 January, 1974 concern-

ing a social action programme.

Although certain imperfections and gaps still re-main Community workers have, under Commu-nity legislation adopted in their favour, acquiredthe right to free movement and to equality oftreatment in regard to access to employment , so-cial security, living and working conditions ~in-cluding housing), the exercise of trade Union

rights the education of children, and the right tobe ac~mpanied by their families in the hostcountry.

By contrast, the legal situation of migrant work-ers coming from third countries depends on thestatus accorded to them by the host country.This status is frequently subject to very restric-tive legislation and depends in many cases on theexistence or not of bilateral agreements with thecountries of origin and varies according to thecontent of such agreements. The result is thatmigrant workers from third countries are gener-ally treated less favourably than workers comingfrom the Member States , and the situation ofthese third country migrants varies considerablyfrom one country to another.

Migrants originating in third countries do nothave the right to freely enter the territory of thehost country for the exercise of employment;they are required to possess a work permit andare subject to administrative. controls. The workpe,rmit is issued in accordance with national legis-lation and administrative laws which determinegeographic and professional limits, as well as cri-teria for renewal and withdrawal. Permission tostay is normally linked to possession of a workpermit and may be subject to particular condi-tions not connected with the job, e.g. prohibitionto reside in certain areas. Third country migrantsare liable to deportation, too often at the discre-tion of the host country authorities. Certain1 OJ C 13 of 12.2.1974; Supplement 2/74 Bull. Ec.

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Member States do not grant equality of treatmentto third country migrants in the matter of tradeunion rights.

In the absence of specific provisions in bilateralagreements , third country migrants do not gener-ally have the right to equality of treatment con-cerning social security allowances or other condi-tions of living and working in general.

Furthermore, migrant workers from third coun-tries may be joined by their families only withthe express permission of the host country andafter a period of employment of at least one andoften two years. Transfer of wages and savings tothe country of origin is sometimes restricted.

To achieve equality of treatment for Communitymigrants , as envisaged in the Council Resolutioncertain specific actions are proposed in this chap-ter concerning access to employment, social secu-rity and other living and working conditions.

For third country migrants , specific actions arealso envisaged in the social security field to ena-ble them to gradually acquire equality of treat-ment in this area. Moreover, it is envisaged thatthird country migrants should also benefit fromthe actions proposed in this programme in voca-tional training (including language training); so-cial services; housing, information; education ofchildren; health and conflict of laws. Further-more, greater participation in the trade union lifeof the host country should gradually be extendedto third country migrants so that they obtain therights already acquired in this field by migrantsoriginating from within the Community.

Apart from the specific actions, the other prob-lems mentioned above are to be treated in theframework of the gradual coordination of the mi-gration policies of the Member States in regard tothird country migrants (Chapter V), the objectivebeing to achieve for them equality of treatmentonce legally admitted to employment in theCommunity.

Free movement

The right of free movement provided for in theTreaty of Rome implies the abolition of discrim-ination based on nationality between workers of

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the Member States as regards employment , re-muneration, and other conditions of work andemployment , as well as guaranteeing the rights tomove freely within the Community for the pur-pose of exercising.a wage-earning activity. 1 Theregulations in force clearly lay down the princi-pies of free movement , as well as its essentialcorollaries , in order to achieve as far as possibleequality of treatment between national workersand migrant workers.

In practice, however, there remain certain barriersto freedom of movement.

Potential migrants need to have the fullest pos-sible information on available jobs in the Com-munity and the skills required to fill them.

A basic need in this context is putting into oper-ation the European system for the exchange ofinformation about labour supply and demand(SEDOC), which is being established in collabo-ration with the Member States. The system is ex-pected to be in operation by the middle of 1975.

Meanwhile, the European Office of Coordinationis being strengthened to ensure, as one of itsmain functions, the effective implementation ofthe SEDOC.

The introduction of an effective system of job in.formation is important not only in matchingsupply and demand in the Community labourmarket, but in facilitating the practical operationof Community preference, whereby Communitymigrants benefit from the same priority in accessto employment as nationals; unfilled vacancies

1 See below the chapter on ' Coordination of migration pol-icies

Principal measures:Free movement of workers , Council Regulation of 15 October1968, OJ L 257 of 19. 10. 1968 and L 295 of 7. 12.1968.Abolition of restrictions on movement and residence forworkers and families, Council Directive of 15 October 1968OJ L 257 of 19. 10. 1968.Right to remain in a Member State, after having workedthere, Commission Regulation of 29 June 1970, OJ L 142 of30. 1970.Application of social security schemes to employed personsand their families, Council Regulation of 14 June 1971 , OJL 149 of 5. 1971.Coordination in the field of public order, public security andhealth, Council Directive of 25 February 1964, OJ 56 of4.4. 1964.

may -be offered to third countries only after aninterval of 18 days.

Moreover, equality of treatment, in living andworking conditions, between national workersand migrant workers of Community states hasnot yet been fully realized; certain gaps and de-fects still remain.

To remedy this situation it is necessary:to extend these social benefits, which are not

directly related to the exercise of paid employ-ment and which are at present confined by theMember States to their own nationals, to workersfrom other Member States and their families;

that Member States give the right of entry toall the members of the migrant's family, who aredependent upon him or who lived under thesame roof in the country of origin;

to eliminate the obstacles which still exist incertain Member States with regard to the exerciseof trade union rights, including the right to par-ticipation as a trade union representative in themanagement of public law bodies and for theexercise of public law office;

to accelerate the mutual recognition of diplo-mas, certificates and other national qualificationsthe lack of which limits the access to employ-ment for workers of Member States and so im-pedes the free movement of workers;

the extension to other workers of the more fav-ourable residence rights applicable to the periodfollowing employment, which have already beenproposed in the case of the self-employed;

to protect the migrant worker by a Commu-nity regulation which would establish theprinci-pie that the applicable legislation in matters conflict of laws in labour relations , should be thatof the country in which the migrant works)

Social security

Community nationals

The establishment of free movement of workersimplies equally the implementation of a systemof coordinated social security benefits. Commu-nity legislation guarantees for the most part socialsecurity protection for the migrant worker and

his family comparable to that enjoyed by nation-als of the host country.

Nevertheless, this social security protection couldand should be strengthened, in order to eliminatethe disadvantages still confronting the migrantworkers. It is necessary to:

Adopt a uniform system for the payment offamily benefits. As regards family benefits, thereare two ways of determining the rights of a mi-grant worker the members of whose family arestill in the country of origin. Depending on theMember State in which the worker is employedhe receives either the family allowances of the

country of origin or those of the country of em.ployment , as if the members of his family residedthere. The second solution, which is the one inforce in the vast majority of the Member Stateswould eliminate the differences in treatmentarising from the residence of the members of themigrants' families in the country of origin.

Adopt Community legislation in order tocoordinate non-contributory schemes. Apart fromsocial security benefits in the strict sense of theterm, certain Member States have mixed legisla-tion relating at the same time to social securityand social assistance.4 Community regulations for

1 For example, reduced fares on public transport , aid to largefamilies and the handicapped, etc.2 A public law body is set up by legislation to carry out pub-lic functions , for example, social security schemes run jointlyby employers and workers. The distinction between privatelaw and public law bodies is significant only in Member Stateswhich draw a clear distinction between private and public law,The exercise of public law office is the holding of an officeset up by, or having powers conferred by public law. For eXaIT1-pie, membership of the Central Council of the Economy inBelgium.3 At present, in practice , the employer may impose on themigrant worker the application of a law which could be lessfavourable than the laws in force in the country where

works.4 It concerns especially the following legislation:Belgium: Guaranteed revenue for old persons. Allowances tothe handicapped.

France: Allowances for handicapped adults. Allowances fromthe National Solidarity Fund.Italy: Social Pension.Ireland: Non-contributory pensions (old-age , widows , orphans,blind persons) unemployment assistance.Luxembourg: Allowances from National Solidarity Funds.United-Kingdom: Supplementary benefits.

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social security have proved inadequate for thismixed legislation. Special Community rules needto be introduced, therefore, to give migrants theright~recognized by the Court of Justice-toequality of treatment with national workers andthe right to export the allowances provided for

under such legislation.Adopt a Community Regulation for self-em-

ployed migrants. This Regulation should extendto them the same rights as are enjoyed by wage-earning migrants in equality of treatment, theright of aggregation of periods of insurance andexport of benefits.- To eliminate progressively, and as soon possible, all other disparities still existing in theCommunity Regulation. 1 For this purpose themost appropriate solutions will be sought.

Third country nationals

Third country migrants suffer from inferior treat-ment in the field of social security arising fromthe fact that:The right to social security benefits is in somecases reserved to nationals and in others subject

to a long qualifying period;

Family benefits often apply only to children re-siding in the host country;

There are limitations on the transfer abroad offamily allowances and sickness benefits, and to alesser extent on retirement and invalidity pen-sions;Periods of employment, in the country of originand in different Member States, are not aggre-gated for the purposes of calculating entitlementto benefit.

Equality of treatment with Community workersby progressive stages should be the Communityobjective for these migrants whether or not theirpresent situation is governed by associationagreements or bilateral agreements.

To achieve this aim it is necessary to carry outthe following measures, in progressive stages:

to eliminate nationality as a condition for eli-gibility for benefits;

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to allow the export to the country of origin ofpensions (invalidity, old age, survivors) accruingfrom employment in the Member States;

to apply Community provisions relating to so-cial security to third country migrants and theirfamilies while they .are living in the Community;

to aggregate periods of insurance in thecountry of origin and in one or more MemberStates for the purpose of calculating entitlement;

as a first stage, to guarantee to all migrantworkers , in regard to family allowances, benefitsat least equivalent to those already granted to

some of them by virtue of bilateral agreementsconcluded with their countries of origin.

Vocational training

Including language teaching

The lack of vocational and linguistic training,both in the country of origin and in the hostcountry, is a serious handicap for the migrant inqualifying for worthwhile employment or ad-vancement.

The indications are that the vast majority of un-skilled migrants do not become skilled workersduring their stay in the host country.

The prime responsibility for vocational trainingrests with the Member States and employers.This problem cannot be solved without a specialeffort to meet the migrants ' needs for vocationaltraining.

To this end , the following action should be un-dertaken:

the introduction in all Member States of thepaid day-release system , to allow migrant workersto - acquire adequate language and vocationaltraining;

greatly increased provision of ' crash coursesof vocational training prior to the migrant's de-parture for his new job;

1 It is mainly a question of conditions of award, of calcu-lation and export of certain benefits; of certain special meth-ods of application of national legislation , as well as the main-tenance in force of certain provisions In bilateral agreements.

the introduction in the vocational trainingcentres of the Member States of measures to en-sure that migrant workers have sufficient facili-ties to acquire skill or improve their qualifica-tions;

the introduction of pilot schemes for trainingand exchange of language specialists and instruc-tional aids;

the extension of schemes affording training tomigrant workers in preparation for returning to

employment at home;the greater use of mass media in cultural , lan-

guage and vocational training of migrants.

Social senlces

Where there is a general lack of social services inthe Member States this affects migrants in partic-ular. Because of their special situation and needs,the social services both in the host country andthe country of origin , should give the fullest in-formation about the new country, and all neces-sary help in regard to reception , language train-ing, accommodation and social integration gener-ally. Although the available statistical informa-tion is incomplete, it is clear that this type of ser-vice in the Community is by no means adequateto meet the demands. The problem is aggravatedby the concentration of migrants for the mostpart in areas where the cost of an adequate socialinfrastructure is very high. The number of socialworkers dealing with migrants is very small in re-lation to the number of migrants. In June, 1974the Council extended the scope of the EuropeanSocial Fund to allow financial aid to MemberStates for integrated programmes, and the train-ing of social workers and teachers concerned withmigrant workers and their families. 1

Some Member States have already presented pro-jects.

The following actions need to be taken:an improvement and extension of the social

services , particularly in relation to their work con-cerning migrants;

the introduction by the Member States of in-tegrated programmes for migrants , schemes forthe training of social workers and teachers work-

ing with migrants and their families, and pilotschemes aimed at establishing the most effectivemeans of improving social services for migrants.This is essentially the responsibility of the Mem-ber States but greater use of the European SocialFund can help in the improvement of the situa-tion.

Housing

Although Community migrant workers have thesame rights as nationals in the matter of housing,in practice their position is far from satisfactory.The fl1,J.mber of houses at reasonable rents is farfrom adequate, and in comparison with the indi-genous population migrants experience consider-able delay in securing public authority housing.

The need to save as much as possible from theirwages, which are in any case generally compara-tively low , combined with the shortage of hous-ing at reasonable cost , too often forces the mi-grants to take unsatisfactory accommodation. Con-sequently, they frequently live in shanty townsand unhealthy overcrowded ghettoes. This is oneof the main obstacles to integration in the hostcountry and causes social frictions and xeno-phobia.

The difficult housing situation is a general prob-lem affecting other low-income groups, but it isessential to include the migrant workers' needs inthe social capital solution to the problem. To dealwith this question resolute efforts must be madeat national level by the public authorities.

Nevertheless, it would be necessary to undertakeat Community level an overall examination ofthe fundamental aspects of the problem, with aview to finding a solution. Studies to this endhave already been started.

The following actions should be undertaken:an examination, in cooperation with the

Member States , taking into account the .questionof the provision of adequate financing by Gov-ernments and employers. The examinationshould also extend to such matters as improvedmethods of calculation of housing requirements,public financing and modernization schemes;

1 OJ L 185 of 9. 1974.

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proposals for model schemes, on the lines the Coal and Steel Community experience, formodernized accommodation for migrants on fav-ourable terms.

Education of children

Migrants' children, estimated to number abouttwo million in the Community, are threatened bysocio-psychological problems arising from thefamily disruption which migration usually in-volves , the rapid changes accompanying the dif-ferent stages of migration , and the language dif-ficulty-which also affects the parents who,therefore, are unable to help.

The loss of native language and culture leads totensions within the family and hampers reinteg-ration on return to the country of origin.

There is a serious lack of bicultural programmesadapted to the dual need of integrating into thelife and culture of the host country, while pre-serving the native culture and language. Educa-tion legislation in most of the Member Statesmakes no provision for the special needs of mi-grants' children. Consequently, sufficient efforthas not been made by Member States to recruitteachers of the migrants ' countries of origin andto arrange for exchanges of teachers and informa-tion. As a result , the number of migrants' child-ren receiving secondary or university education isproportionately much lower than in the indige-nous population.

Because of disruption of traditional family struc-tures, the school has an essential role to play forthese children.

In this field all efforts must be concentrated on:the development in the Member States of re-

ception and accelerated training classes to assistthe migrant children to settle into the new lin-guisticand educational environment;

the provision of education in schooltime so asto preserve the original culture and mother ton-gue;

the recruitment from the emigration countries

and adequate training of teachers responsible forthe education of migrant children;

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the exchange of information and instructionalaids, as well as research and pilot schemes inteaching methods;

the development of assistance activities out-side school hours by social workers;

the equal treatment for migrant children inthe award of study grants and similar assistance.

Health

Medical services , where they are inadequate forthe needs of the indigenous population , are evenless capable of meeting the. particular problems ofmigrants. Coming from countries of different cli-mate, environment, eating habits and hygiene,the sudden change makes them more vulnerablethan the local population to psychological disor-ders , to certain infectious diseases, parasitical dis-eases, and industrial accidents.

The medical tests which they undergo on entryto or taking up employment in the host countryare too often not geared to the requirements of

industrial health and safety and preventive medi-cine. The adaptation of the migrant worker to thejob and his training in accident prevention is aserious difficulty. Linguistic difficulties both forthe migrants and medical staff add to the prob-lems. Moreover, there is a shortage of medicalpersonnel specialized in their problems.

Insufficient information is at present available onthe seriousness and the incidence of illnessesamong the migrant population , as well as on thefactors which make them prone to such illnessesand industrial accidents. This situation is ob-viously a major obstacle to the development ofadequate preventive measures.

Studies and research are already going on with aview to providing information on the situation.Action should be taken on this basis with a viewto improving the effectiveness of medical exam-inations on recruitment, preventive medicine, so-cio-medical services, as well as on the training of

migrant workers in prevention of industrial acci-dents and illnesses.

Information and statistics

Information

The general lack of information affects many as-pects of migration. Mostirnportant is the factthat the migrants do not have adequate informa~tion about the living and working conditions theycan expect to find, in a new country. Conversely,the indigenous population is not sufficientlyaware of the migrants' problems and needs, norof their considerable contribution to the prosper-

ity of the Community.

To improve the situation, certain action must beinitiated to encourage:

the employment services of the MemberStates concerned to give the migrant adequate in-formation and guidance on recruitment , as wellas on working and living conditions , and on theirrights under Community legislation , where ap-propriate;

the extended use of the information media,by both the country of origin and the hostcountry to disseminate wider information for mi-

grants on living and working conditions, and forthe local population of the host country to be bet-ter acquainted with the problems faced by themigrants.

Statistics

At the administrative level there is a shortage ofdata, such as statistics concerning employment,members of the migrant workers' families , etc.This makes it difficult for the migrants' problemsto be assessed accurately, and obviously hampersthe formulation of solutions.

To improve the situation there should be estab-lished, on a Community basis, a system for thesupply by the Member States of more accurateand detailed statistics on migrant workers andtheir families.

Civic and political rights

Migrant workers, whether they be from withinthe Community or third countries, with the ex-ception in the United Kingdom of migrants fromCommonwealth countries and Ireland, are, at thepresent moment and generally, excluded fromthe exercise of civic and political rights in thehost country. The exercise of civic and politicalrights is , in all cases, conditional on the acquisi-tion of the nationality of the host country~aqualifying process which varies from one Mem-ber State to another in regard to length of resi-dence and other conditions.

As regards nationals of Member States residentin another Member State denial of civic and pol-itical rights seems to be inconsistent with thespirit of the principle of free movement of per-sons and with the political objectives of the Com-munity with regard to European union. More-over, because of their circumstances they are inpractice unable to exercise fully their politicalrights in their own country.

The particular situation of nationals of MemberStates resident in other Member States is at pre-sent being examined with a view to drawing upappropriate proposals regarding their votingrights. 1

In any case, migrants should also be enabled to

defend their interests as far as their living andworking conditions are concerned. Because deci-sions at municipal level have a decidedly directimpact on the living conditions of migrants, re-presentation of their interests at the local level

should therefore be established.

A 'significant initiative in the promotion of theparticipation of migrant workers in the life of thehost country has been the development in oneMember State of municipal consultative commit-tees of migrant workers. Similarly, there exist, incertain Member States, bodies to assist in the en-forcement of laws against discrimination on thegrounds of race or nationality, in the fields of

1 On 3 July 1975 the Commission forwarded two reports tothe Council , on a passport union and on the granting of spe-cial rights (Supplement 7/74 Bull. EC) and these are at pre-sent under consideration by the Council.

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employment and housing and the provision ofgoods, facilities and services.

The objective to be attained is the granting tomigrants , at the latest by 1980, of full participa-tion in local elections according to conditions tobe defined relating in particular to the qualifyingperiod of residence.

Action should be taken now , as an intermediatestep, in all the Member States to pro,?ote parti-cipation of migrants in municipal affaus, by set-ting up a system of consultative organizations,which would ensure for the migrants a real in-fluence in the decisions to be taken at that levelas well as an adequate representation in the mun-icipal institutions of an educational, social andcultural nature.

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Illegal immigration

Illegal immigration has greatly increased in rece?tyears and while of its very nature accurate statis-tics are not available, there are grounds for be-lieving that there are some 600. 000 ille~al im,?i-grant workers in the Community (not mc1udmgfamilies) or one-tenth of the number of legallyadmitted migrants.

Clandestine migrants , with the constant threat ofdiscovery and deportation

, .

are vulnera1?l~ .to ex-ploitation and intimidation. The activities ofmanpower traffickers ' and certain employment

agencies operating across national frontiers, theseverity of the economic pressures on people tomigrate, and the freedo~ of movem~nt for tou~rists within the Community, all contnbute to thepresent size of this p~oblem. . Naturally, clan~es-tine migrants, not bemg subject to any medicalcontrol are an additional health risk both tothemselves and the local population.In view of the growth of this problem of illegalimmigration, it is urgently necessary for theMember States to adopt a common approach todeterrent measures. If illegal immigration is al-lowed to go unchecked, there is a serious risk offailure in the efforts to improve the social situa-tion of the rest of the immigrant population. Inorder to assist Member States in solving thisproblem, the Commission will organize disc~s-sions at expert level with a view to formulatmgproposals for minimum safeguards against illegalimmigration. These would include strong legalsanctions against exploiters of immigrant labour.

Coordination of migration

olicies

The lack of coordination at Community level ofthe migration policies of Member States has prov-ed a major factor in the haphazard .and ill-planneduse of manpower. It has also contributed to theover-development of the central regions of theCommunity with a consequent aggravation ofthe difficulties in the peripheral areas and the so-cial and economic problems which follow.

There are at present no safeguards , at Commu-nity level , against conflicts between national mi-gration policies and Community policies in socialregional and industrial affairs nor in the field development aid policy, particularly in relation tothe Mediterranean countries. The absence ofcoordination has also left unresolved the conflict-ing interests of migrants and their employers andof the economies of the Member States using mi-grant labour and those exporting workers.

All this points to the need for the Member Statesand the Commission to consider the question to-gether with a view to adopting a common stra-tegy to meet the problem. The matters to be' tak-en into account in such a Community approachshould include:

- The analysis of future developments in mat-ters of migration. Medium and long-term fore-casts of demographic trends and manpower, tak-ing into account technical and social progress.

The rhythm of immigration and its volume:Threshold of regional and national limits , leadingto the search for valid alternatives to immigra-tion. The composition of migratory movementsin relation to geographic origin and qualificationsof workers. The permanent or temporary charac-ter of immigration.

The means of avoiding migrant workers fromthird countries being recruited by one MemberState, when in another Member State, otherworkers are forced to go back to their countriesbecause of unemployment.

The choice , for policies of assimilation or inte-gration of migrant workers and their families.

- The principles of an active policy of aid fordevelopment, linked with commercial policy,

aimed at ensuring the economic competitivenessof the developing countries by: improving cooper-ation: the transfer and the creation of certain in-dustries and services in these countries , accordingto the principle of a more rational internationaldivision of work: financial and technical aid inthe field of regional planning and vocationaltraining (managerial and shop floor); ensuringthat the stay of the migrant workers in the Com-munity is availed of to prepare them for produc-tive work on return home.

This permanent process of exchange of informa-tion and discussion should be gradually extendedto lead notably to a balance of the interests of thehost country and the country of origin-by relat-ing the labour force needs of the former and thedevelopment needs of the latter-but also helptowards making the free movement of workersinside the Community more effective, within theconcept of a policy of full and better employ-ment.

The proposed coordination should be establishedwithin existing institutional bodies (ConsultativeCommittee for Free Movement, Standing Em-ployment. Committee) as well as through ad hocmeetings of high level officials from the MemberStates.

The first practical effects of this coordinated ac-tion should be:

- The creation of a Community standard formof bilateral agreement for use by the MemberStates and third countries.- The establishment of standard minimum pro-visions concerning commitments made or to bemade by the Community (association agree-ments, commercial agreements).- The evaluation, on a half-yearly basis, oflabour supply and demand.- The gradual extension to third country mi-grants of equality of living and working condi-tions, and particularly the right to be accompan-ied by their families ; and the transfer of wagesand savings to the country of origin.

The elimination of abuses arising from the ac-tivities of employment agencies and other organ-izations engaged in the recruitment and supply oftemporary workers, particularly those operationsinvolving the employment of frontier workers.

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