The Standing Subcommittee on European Union Affairs discussed the Commission
COM (2010) 379 final
for a Directive of the European Parliament and of the
Council on the conditions of entry and residence of third-country nationals for the
purposes of seasonal employment (34897/EU XXIV. GP) in a public session on
14 September 2010 and comes to the following conclusion:
The proposal is not compatible with the principal of subsidiarity.
The European Commission presented its proposal for a Directive on 13 July
2010. Its aim is to standardise the procedure for admitting seasonal workers and to
define minimum standards that must be met when employing such workers so as to
prevent exploitation, drifting into illegality, social dumping and distortions of
In its discussion of subsidiarity, the Commission presents four reasons why
the Member States cannot adequately achieve these welcome aims. However,
none of these reasons make the proposal compatible with the subsidiarity
The Commission states initially that the decision of a Member State regarding
seasonal workers from third countries could cause distortions of migratory flows
throughout Europe. This may be countered by pointing out that according to article
79 paragraph 5 of the Treaty on the functioning of the European Union the Member
States themselves are responsible for determining the volumes of admission of
third-country nationals. The admission procedure is not therefore a transborder
problem that can be solved only by harmonising measures at the European level.
The Commission further states that the Schengen area requires such rules.
However, the existence of the Schengen area alone does not in any way