EUobserver.com

EUOBSERVER / BRUSSELS - The European Commission is planning to come up with a law harmonising penalties for businesses exploiting illegal workers - from both third countries and EU member states - in a bid to prevent situations similar to the recently discovered slave camp with Polish workers in southern Italy.

Tackling the black market in labour is one of the key priorities of a package aimed at fighting illegal immigration adopted by Brussels on Wednesday (19 July).

Commission vice-president Franco Frattini announced he would explore the possibility of presenting a special European instrument to "punish those businessmen who accept, encourage or actively support black work."

Some member states have already introduced penalties ranging from blacklists of employers involved in the black market and their exclusion from public procurement contracts to criminal sanctions and the obligation to bear costs for the return of illegal immigrants they unlawfully employed.

Mr Frattini wants to see a common EU list of similar measures implemented across the bloc.

He argued this approach would be in line with the EU's pledge to the countries of origin of immigrants coming to Europe, but it would also help prevent the exploitation of EU nationals involved in undeclared work.

He was referring to the case of Polish workers freed by Italian and Polish police on Tuesday (18 July) from a forced labour camp where workers were kept in inhumane conditions, leading four people to commit suicide.

EU employment commissioner Vladimir Spidla is due to conduct a study into the economic implications of black market employment and its expansion across Europe.

EU states "pulling" illegal immigrants
Brussels argues that the current illegal work possibilities in several countries - mainly in the construction, catering and textile industries - create a "pull factor" for illegal immigration to Europe.

Member states should enforce stricter controls to prevent undeclared work and more stringent sanctions for "rough businessmen" who exploit illegal immigrants, while a harmonised list of such sanctions "could be an additional tool" to prevent this phenomenon, says the commission.

"Either the EU takes initiative or everything remains as it is," noted Mr Frattini.

He highlighted cases where children and seasonal farm workers are exploited and expressed special concern for illegal workers who do not get health care as their employers fear getting into trouble with the immigration authorities.

The commission paper also pointed to the selling of counterfeit merchandise and domestic work in private households, as typical examples of black market work across Europe.

"There is a certain amount of acceptance among businessmen of this situation," noted the commissioner, adding that he was ready to take steps to protect the well-being of those being exploited.

Early warning on regularisation move
The commission also said the EU is next year due to start a new system of "early warning" on the regularisation of illegal immigrants.

The move is a reaction to Spain's 2004 decision to regularise a large number of third country nationals illegally residing on its territory which sparked concerns in other member states of the EU's Schengen borderless zone.

Brussels is also planning to conduct a study into the practise, effects and impacts of regularisation across the bloc.

Brussels moots EU penalties for black market employers