COMMISSION OF THE EUROPEAN COMMUNITIES COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

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1 COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, COM(2006) 735 final COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT The Glbal Apprach t Migratin ne year n: Twards a cmprehensive Eurpean migratin plicy EN EN

2 The Glbal Apprach t Migratin ne year n: Twards a cmprehensive Eurpean migratin plicy 1. RESPONDING TO THE CHALLENGES OF MIGRATION In Octber 2005 Heads f State and Gvernment discussed migratin as ne f the main challenges f glbalisatin and agreed n the urgent need t step up actin. The EU was able t react quickly. Within a mnth, the Cmmissin prduced a plan fr a cmprehensive prgramme f actin, Pririty actins fr respnding t the challenges f migratin: First fllw-up t Hamptn Curt. 1 This Cmmunicatin prpsed a set f cncrete measures that cnstituted a cmprehensive apprach t migratin and frmed the basis fr further discussin by the Eurpean Cuncil that fcused n Africa and the Mediterranean regin. In December 2005, the Eurpean Cuncil adpted the Glbal Apprach t Migratin: Pririty actins fcusing n Africa and the Mediterranean. The Glbal Apprach frmulates cherent plicies and actin n migratin, addressing a vast array f migratin issues and bringing tgether the varius relevant plicy areas including external relatins, develpment, emplyment, and justice, freedm and security. The apprach taken shws tangible, active slidarity, hinged n respnsibility-sharing between Member States and with third cuntries. Migratin is a phenmenn f all perids f histry. Tday's numbers f migrants wrldwide are nt higher in relatin t wrld ppulatin than during ther perids f histry. Hwever, migratin has becme mre imprtant fr Eurpe. In a few decades Eurpe has develped frm a regin f emigratin t a majr destinatin f immigratin. Accrding t OECD and Eurstat data, the mst imprtant migratin flws frm third cuntries int the EU in 2004 came frm Rmania, Mrcc, Bulgaria, Turkey, Ukraine and the Russian Federatin. Inflws have becme mre diversified, with increasing numbers f immigrants frm new surces in Central and Eastern Eurpe, Asia (especially China) and Central and Latin America (especially Ecuadr). Migratin frm Africa has substantially increased in recent mnths. This develpment is unlikely t stp in the freseeable future and migratry pressures may grw. At the same time, the EU will need migrants t ensure the sustainability f its labur markets given its demgraphic develpments. The EU needs t cmpete with ther wrld regins and it needs migrants with the apprpriate skills t accmplish that. This Cmmunicatin has tw aims. First, it respnds t the Eurpean Cuncil's invitatin t the Cmmissin t reprt back n prgress made in implementing the first phase f the Glbal Apprach and the pririty actins fcusing n Africa and the Mediterranean by the end f Secnd, it prpses ways t make the Eurpean Unin's apprach truly cmprehensive. This respnds t the calls t intensify effrts made by Justice and Hme Affairs Ministers in Tampere n 21 September and Heads f State and Gvernment in Lahti n 20 Octber. It therefre suggests including ther plicy areas that were nt part f the December 2005 Glbal Apprach, such as legal migratin and integratin measures. In this way, partnership with third cuntries will address the full range f issues f interest and cncern t all invlved. 1 References t all dcuments cited are listed in Annex A. EN 2 EN

3 In this framewrk, given the urgent need t strengthen EU plicies n migratin and related areas, the effectiveness f decisin-making prcedures, including in the area f legal migratin, is a necessity, since it wuld allw the Unin t respnd t citizens' expectatins in this field. The Treaty establishing a Cnstitutin fr Eurpe ffers the apprpriate slutin t the current weaknesses f the decisin-making prcess, by applying t legal migratin the rules f qualified majrity vting and rdinary legislative prcedure (c-decisin). In the present situatin, the bridging clause cntained in Article 67 TEC wuld ffer an imprtant tl t achieve this gal, while searching fr a cmprehensive institutinal settlement within the framewrk set up by the Eurpean Cuncil f June 2006, and needs t be applied. In an effrt t further strengthen the EU s cmprehensive migratin plicy, the Cmmissin set up a Grup f Cmmissiners n migratin. A similar develpment f bringing tgether different albeit related plicy areas, can be witnessed in a number f Member States and this trend is t be welcmed and, where pssible, encuraged. While this Cmmunicatin fcuses n Africa and the Mediterranean regin, cmprehensiveness als needs t be translated in gegraphic terms in the future. Serius cnsideratin shuld be given t applying the apprach t ther regins, in particular thse at the eastern and suth-eastern external brders f the EU given the challenges these migratry rutes pse. Mrever, althugh nt a shrt term pririty, the increasing imprtance f migratin-related issues in ur relatins with Asian and Latin American cuntries and the increased expectatins f these cuntries fr cperatin with the EU must be kept in mind. Furthermre, the recent Iberamerican Summit called fr intensifying dialgue and cperatin n migratin and fr giving a cncrete expressin in natinal plicies, subreginal fra and internatinal agreements, t the Mntevide Cmprmise n Migratin and Develpment. Indeed, many measures and plicies described in sectin 3 culd be applied, in a similar way, in ur cperatin and dialgue with Latin America and Asia. 2. IMPLEMENTATION OF THE GLOBAL APPROACH: ACHIEVEMENTS OF THE FIRST YEAR IN AFRICA AND THE MEDITERRANEAN REGION 2006 has been a year f agenda setting with Africa. A ministerial cnference n migratin and develpment was held last July in Rabat bringing tgether sme 60 cuntries alng West and Central African migratin rutes. African and EU states participated in the UN High Level Dialgue n Migratin and Develpment in September. An EU-Africa Ministerial Cnference n Migratin and Develpment was als held in Libya in Nvember t frmulate a jint apprach t migratin between the EU and the whle f Africa fr the first time. 'Migratin' has been a recurrent agenda item in dialgue and cperatin prgrammes with Mediterranean cuntries, building n the cnsiderable wrk already carried ut in the ENP framewrk, and the EurMed frum has been used t further exchange best practice and wrk twards a jint prgramme f activities. It has als been n the agenda f high level meetings with the African Unin and the reginal rganisatins. Dialgue n migratin issues n the basis f Article 13 f the Ctnu Agreement was pened with key Sub-Saharan African states. The Rapid Reactin Mechanism has been emplyed t supprt Mauritania and Senegal in their effrts t cpe with illegal migratin. In less than twelve mnths, wrk has indeed started n all f the pririty actins. By the end f the year, FRONTEX will have launched and crdinated several jint maritime peratins in the Atlantic and Mediterranean regins, cmpleted risk analyses n Africa and presented feasibility studies n establishing a Mediterranean Castal Patrls Netwrk and a surveillance EN 3 EN

4 system cvering the whle suthern maritime brder f the EU and the Mediterranean Sea. Reginal netwrks f Immigratin Liaisn Officers (ILOs) are being set up alng key migratin rutes thrugh Africa. The Cmmissin issued a prpsal fr the establishment f Rapid Brder Interventin Teams and has carried ut an analysis f the internatinal law f the sea. A mre detailed reprt n implementatin f the Glbal Apprach is prvided in Annex B. 3. REINFORCING COHERENCE: A COMPREHENSIVE EUROPEAN MIGRATION POLICY The cmprehensive apprach must be strngly based n three principles: slidarity between Member States, partnership with third cuntries, and the prtectin f migrants, in particular vulnerable grups such as unaccmpanied minrs and wmen. The fllwing three sectins suggest ways t develp this apprach, bth with Africa and beynd Strengthening dialgue and cperatin with African cuntries f rigin and transit Dialgue with African cuntries The verall framewrk fr EU cperatin with Africa is defined by the EU Strategy fr Africa, which was adpted by the Eurpean Cuncil n December The primary aims f this Strategy are the achievement f the Millennium Develpment Gals and the prmtin f sustainable develpment, security and gd gvernance in Africa. Future wrk in the area f migratin must be cnsistent with this Strategy, ntably in the cntext f addressing the rt causes f migratin such as pverty, cnflict and unemplyment. Other EU plicies, including trade, agriculture and fisheries, shuld serve the same bjectives thrugh enhanced Plicy Cherence fr Develpment (PCD). The EU-Africa Ministerial Cnference n Migratin and Develpment hsted by Libya n Nvember 2006 successfully identified pririties fr cperatin and adpted an ambitius declaratin that paves the way fr jint actin between Africa and the EU at cntinental, reginal and natinal level in varius areas, ranging frm the fight against illegal migratin t facilitatin f regular mvements f peple and actin t address the rt causes f migratin. Africa and the EU shuld seriusly engage in implementing the actins cntained in the final declaratin in rder t achieve cncrete results t reprt t the secnd Ministerial Cnference that will be held within three years. On a reginal level, the Rabat cnference held in July was als a success and paved the way fr actin tailred t specific migratry rutes. Effrts shuld nw be cncentrated n ensuring an apprpriate fllw-up with a view t assessing prgress at a secnd ministerial cnference in tw years time. Cntacts between the EU and East African states shuld als be further prmted t develp cncrete cperatin alng the East Africa Migratin Rutes. On the basis f the wrk carried ut n migratry rutes, the EU will fster mre specific cperatin with varius regins in Africa. Cperatin platfrms will bring tgether African cuntries, EU Member States and internatinal rganisatins in an EN 4 EN

5 effrt t manage migratin mre effectively in the interests f all. This cmmn framewrk culd then lead t the frmulatin f reginal agreements with interested African cuntries. Dialgue and cperatin with Nrth African cuntries at bilateral and reginal levels will be further develped in the framewrk f the Eurpean Neighburhd Plicy (ENP). Migratin issues are an essential element in ur ENP Actin Plans, ur plitical dialgue and financial assistance in rder t strengthen the capabilities f these cuntries t manage migratin mre effectively. Wrk must als cntinue in the cntext f EUROMED. Partners have agreed t give cncrete fllw-up t the chapter dealing with migratin, scial integratin, justice and security f the Five Year Wrk prgramme agreed at Barcelna in Nvember This shuld allw fr a ministerial cnference n migratin t be cnvened in the secnd half f The EU will als cntinue t integrate migratin issues int the regular plitical dialgue with all ACP cuntries and key Reginal Ecnmic Cmmunities (RECs). This dialgue is based n the brad agenda f Article 13 f the Ctnu Agreement, which cvers a wide range f tpics in the area f migratin and develpment. On the EU side the dialgue will be led by Cmmissin delegatins and Presidency embassies in the cuntries cncerned and invlve interested Member States, in line with the prvisins f Article 8 Ctnu. Where apprpriate, the dialgue is further enhanced thrugh specific Cmmissin missins. In 2006 three f these 'article 13 missins' tk place. Other key African cuntries will fllw in 2007, including Camern, Ethipia, Ghana and Nigeria. A jint EU-ECOWAS (Ecnmic Cmmunity f West African States) wrking grup n migratin is t meet fr the first time in The EU shuld als take an active rle in the fllw up t the UN High Level Dialgue n Migratin and Develpment, in particular as the glbal frum n migratin is established. The Cmmissin is ready and willing t cntribute actively t the first meeting f this frum that is due t take place in Belgium in the summer f Prmting the migratin and develpment agenda Turning t the migratin and develpment agenda, the prime challenge is t tackle the main push factrs fr migratin: pverty and the lack f jb pprtunities. The EU must recgnise that creating jbs in develping cuntries culd significantly reduce migratry pressure frm Africa. Migrants shuld be supprted in cntributing t the develpment f their cuntries f rigin. In additin, migrant remittances will cntinue t increase, and the Cmmissin is explring cperatin mechanisms in this area with institutins such as the Wrld Bank and the Eurpean Investment Bank. Effrts will cncentrate n imprving data cllectin, reducing the transfer csts, facilitating the use f the financial sectr as transfer channel and explring ways t further enhance the impact f remittances n develpment plicies. The EU Prgramme n Migratin and Develpment in Africa wuld seek t prvide a shrt-term develpmental respnse t the migratin challenge fr ACP cuntries. The first bjective f this jint prgramming initiative wuld be t address in a serius manner the lack f decent jbs in Africa. Prmting investments in laburintensive sectrs in regins with high utward migratin will be an imprtant pririty, EN 5 EN

6 in a wider cntext f facilitating intra-african labur migratin and mbility. Other areas f cperatin will include remittances, brain drain, diaspras, gd gvernance and illegal migratin and trafficking in human beings. Member States will be invited t jin the Cmmissin in the prgramming f these actins. The Cmmissin will reserve an amunt f 40 millin fr the first phase f this Initiative (9 th EDF resurces), t be cmplemented by Member States' cntributins. The gegraphical scpe f the Initiative will be sub-saharan Africa, but actins may fcus n specific cuntries r regins and in its first phase ntably n West Africa. The EU must cntinue helping African states t build capacity t manage migratin and asylum, including Suth-Suth flws, withut prejudice t existing reginal agreements n migratin and mbility. Imprtant initiatives are being taken in ENP cuntries n capacity-building, in particular with regard t brder management and institutinal supprt in rder t imprve the receptin f migrants as well as the prtectin f migrants' rights. Furthermre, the Cmmissin has prpsed creating migratin prfiles fr each interested develping cuntry. 2 Migratin prfiles are a plicy tl that serve t garner and analyse relevant infrmatin necessary t develp cncrete measures t a given situatin in the field f migratin and develpment. Cncise migratin prfiles are being intrduced fr all ACP cuntries as an annex t the new generatin f Cuntry Strategy Papers. Migratin prfiles shuld be established fr all relevant partner cuntries in the medium term. This infrmatin can then be used t prvide technical and financial assistance t African cuntries t slve the rt causes f migratin flws. One idea culd be t establish Migratin Supprt Teams (MISTs) cmpsed f experts frm EU Member States which culd prvide the necessary assistance t requesting African states. Eurpe shuld becme mre active and frthcming when it cmes t migratin issues. Plicies n migratin need t be based n reliable evidence and be cherent with ther, related plicies. Prmting the links between plicy and research can cntribute t a better understanding f migratin realities and plicy develpment. Inspired by the academic netwrk linking migratin research institutes in Mediterranean cuntries (CARIM), the Cmmissin will supprt initiatives stimulating the establishment f a pan-african netwrk f migratin 'bservatries' and/r migratin research institutes. Twinning measures shuld als be implemented using EC funding t assist African cuntries in develping their migratin and asylum plicies. Furthermre, Cmmissin Delegatins and Member State Missins in African cuntries shuld ensure they can deal with migratin related issues, via the designatin f ne cntact persn fr migratin issues Legal migratin The further develpment f a cmmn Eurpean plicy n labur immigratin is an imprtant cmpnent f the Glbal Apprach. Fr a truly cmprehensive Eurpean migratin plicy, legal migratin needs t be integrated int bth the external and internal EU plicies. Migratin can cntribute t meeting the changing needs f the labur market and the ecnmic aspects f migratin plicy shuld be taken int accunt. On 28 Nvember See annex 8 f the Cmmunicatin n Migratin and Develpment. EN 6 EN

7 the Ecfin Cuncil adpted cnclusins n plicies t increase the ecnmic benefits fr the EU frm migratin. As stated in the Plicy Plan n Legal Migratin, and in line with aims f the Eurpean Emplyment Strategy, the EU is taking a tw-track apprach fr the next years: facilitate the admissin f certain categries f immigrants n a needs-based apprach (e.g. highly skilled and seasnal wrkers) withut prejudice t the applicatin f the Cmmunity preference principle and prvide a cmmn secure legal status t all legal immigrant wrkers. Other actins shuld facilitate the matching between demand and supply f labur. The future Immigratin Prtal, the Eurpean Jb Mbility Prtal, the new Guidelines fr the EURES netwrk and the Eurpean Researchers Mbility Prtal are all fundamental tls t achieve this bjective. Third cuntries will be prvided with infrmatin n the legal pssibilities fr wrking in Eurpe, including thrugh specific infrmatin campaigns. By fstering prfessinal training, skills develpment prgrammes and language curses, ptential migrants can enhance their chances f finding legal emplyment. Fr this purpse, specific migratin centres culd be established in partner cuntries, supprted by EC funding. Such centres culd als play a rle in facilitating the management f seasnal wrkers, the exchanges f students and researchers and ther frms f legal mvement f peple. The ptential ffered by new frms f migratin, in particular circular migratin, shuld be further explred. In additin, it will be imprtant t supprt the develpment f tls fr better managing labur migratin t the EU in third cuntries. This will require supprt t activities such as the reinfrcement f third cuntries' administrative services respnsible fr labur migratin management, capacity building f the natinal emplyment services in third cuntries and the develpment f intermediatin establishments as well as the implementatin f pre-immigratin plans in cuntries f rigin. Once certain cnditins have been met, such as cperatin n illegal migratin and effective mechanisms fr readmissin, the bjective culd be t agree Mbility Packages with a number f interested third cuntries which wuld enable their citizens t have better access t the EU. There is a clear need t better rganise the varius frms f legal mvement between the EU and third cuntries. Mbility packages wuld prvide the verall framewrk fr managing such mvements and wuld bring tgether the pssibilities ffered by the Member States and the Eurpean Cmmunity, while fully respecting the divisin f cmpetences as prvided by the Treaty. In the cntext f brader packages, establishing readmissin agreements, strengthening cperatin n illegal immigratin and wrking tgether n effective brder management can all be prerequisites fr visa facilitatin. The Cmmissin cnsiders that facilitating mbility is an imprtant element in a cmprehensive apprach t migratin, particularly fr the cuntries cvered by the ENP where a serius examinatin f hw visa prcedures can be made less f an bstacle t legitimate travel t the EU, and vice versa, will be required. 3 In develping plicies that take accunt f the ptential benefits t third cuntries f labur migratin t Eurpe, the EU shuld be very much aware f the risks f brain drain and its sci-ecnmic cnsequences n develping cuntries. Fr example, recgnitin f the negative effects f excessive emigratin f skilled wrkers n the health service f a number 3 See the Cmmunicatin n Strengthening the ENP COM(2006) 726 final. EN 7 EN

8 f cuntries has led t the develpment f a crdinated EU Strategy, which includes the develpment f a set f principles gverning ethical recruitment f health prfessinals and the prmtin f greater self-sufficiency f health wrker prductin within Eurpe t minimise future demand n fragile health systems. Similar initiatives shuld be taken t address (ptential) skills shrtages and brain drain in ther sectrs as well. The benefits related t brain circulatin need t be given serius cnsideratin in this cntext Integratin and intercultural dialgue The nexus between migratin and integratin will be a pririty subject fr the EU. The Cmmissin will actively prmte the implementatin f the Cmmn Agenda fr Integratin, building n the Cmmn Basic Principles n integratin, cvering all areas f imprtance including labur and sci-ecnmic, public health, cultural and plitical dimensins. The Cmmissin will develp instruments that will allw fr wider participatin f the different stakehlders, including migrants themselves, thus cntributing t the prmtin f an effective integratin strategy. These will include a) the establishment f an integratin platfrm where relevant partners can exchange views n a regular basis; b) the cnslidatin f the rle played by lcal authrities building n the successful 'Integrating cities: Eurpean plicies, lcal practices' cnference held in Rtterdam n 9-10 Octber; and c) the creatin f an Integratin website and new editins f the Integratin Handbk and the Annual reprt n migratin and integratin. Imprving integratin int the labur market is essential. The High Level Grup n the Scial Integratin f Ethnic Minrities and their Full Access t the Labur Market is expected t present practical recmmendatins in 2007 that culd enrich the existing plices. The EU must keep its specific fcus n educatin f children frm immigrant backgrunds and shuld use the framewrk f the Educatin and Training 2010 prcess fr that purpse. Mre actin is als required t ensure that migrants receive civic educatin fcussed n fundamental Eurpean values and learn the language f their hst cuntry. Pssible barriers t language training need t be remved as a matter f urgency. At the same time, strengthening the ability f the hst sciety t adjust t diversity is equally imprtant. The 2007 Eurpean Year f Equal Opprtunities fr All aims t raise awareness n this issue. Intercultural dialgue shuld als be used as a tl fr integratin. The 'Eurpean Year f Intercultural Dialgue 2008' will give pririty t dialgue in daily life, fr example in schls, sprting and cultural activities, and at wrk. In additin, the EU must cntinue supprting prjects in the field f intercultural educatin, educatin f immigrants and inclusin f disadvantaged yuth via relevant prgrammes Fighting illegal migratin and trafficking in human beings At EU level, the fight against illegal immigratin has t be reinfrced in the pririty areas identified in the Cmmissin's Cmmunicatin f 19 July Pririties include the need t increase mutual trust and the exchange f infrmatin between Member States, including n regularisatin f illegal immigrants, imprving access cntrl t EU territry and enacting penalties fr thse emplyers ffering jbs t illegally staying third-cuntry natinals. Althugh the phenmenn f undeclared wrk is nt limited t migrants, new legislatin n penalties against emplyers f such persns will be prpsed in spring 2007 given that the chance t btain wrk in the EU withut the required legal status is a key pull-factr fr illegal immigratin. In parallel, mre emphasis will be placed n the enfrcement f existing legislatin that wuld als prtect migrants, in particular the directives n health and safety in EN 8 EN

9 the wrk place. In additin, states shuld be supprted in becming Parties t the UN Smuggling and Trafficking Prtcls. In 2007, EUROPOL will dedicate attentin t cmbating facilitated illegal immigratin and trafficking in human beings and will cntinue t prvide peratinal intelligence and supprt and training sessins, which are pen t law enfrcement fficers f third cuntries. Fr its part FRONTEX shuld, within the framewrk f Eurpean external relatins plicy, establish technical wrking arrangements fr jint peratins with relevant third cuntries, and invite them t participate in peratinal activities where apprpriate. Actin plans n the different migratry rutes are being prepared, using the recmmendatins f the ILOs alng the rutes. ILO netwrks must be reinfrced, with the aim f having at least ne Liaisn Officer in each key African cuntry f rigin and transit. In additin, Terms f Reference shuld be develped fr an 'EU ILO', wh wuld be able t act n behalf f several Member States. Return and readmissin will remain a fundamental part f managing migratin. Member States must be supprted in designing and implementing vluntary return prgrammes and plans fr enfrced return, including jint flights fr remval. Supprting Member States in btaining the necessary dcumentatin fr an immediate return and readmissin f illegal migrants remains a pririty. Member States have been supprted financially in their effrts t imprve the management f return in all its dimensins under the RETURN Preparatry Actins, the results f which will serve t fcus the multi-annual prgramming f the future Eurpean Return Fund. In this cntext, it is equally imprtant that the prpsed Directive establishing cmmn standards fr Member States' return prcedures is adpted as sn as pssible. Negtiatins n an EC-Ukraine readmissin agreement have been finalised while negtiatins with Mrcc are well advanced. Similar negtiatins with Mldva and Algeria are expected t be frmally launched sn. As part f a balanced apprach and based n the dialgue n migratin and visa issues freseen in the ENP Actin Plans, negtiatins n readmissin and visa facilitatin with each neighburing cuntry shuld be envisaged, nce the prper precnditins have been met. In terms f cperatin with ACP cuntries, the readmissin bligatin cntained in Article 13 Ctnu is crucial, and is an apprpriate basis fr supplementary bilateral readmissin agreements between EU Member States and selected ACP cuntries. Its applicatin, hwever, shuld be cnsidered in the wider cntext f Article 13. Experiences have demnstrated that t brker a deal the EU needs t ffer smething in return. In their bilateral readmissin negtiatins Member States are increasingly ffering als ther frms f supprt and assistance t third cuntries t facilitate the cnclusin f such agreements, and the pssibilities f applying this wider apprach at EU level shuld be explred. Integrated management f maritime brders is an imprtant part f the Glbal Apprach and is the subject f a separate Cmmunicatin, Reinfrcing the Management f the Eurpean Unin's Suthern Maritime Brders Asylum and refugee prtectin While it is imprtant t step up effrts t tackle the issue f illegal migratin, there is als the need t ensure access t asylum prcesses fr thse in mixed migratry flws wh might need internatinal prtectin. The prpsals cntained in UNHCR's '10 pint plan f actin' EN 9 EN

10 presented at the Rabat cnference shuld be used t fster peratinal cperatin. It is vital t keep asylum and prtectin issues as ne f the main elements f ur wider cperatin and dialgue with third cuntries. The implementatin f the Reginal Prtectin Prgrammes, as well as activities in ther areas giving supprt t asylum-seekers and persns in need f internatinal prtectin, such as Mauritania and suthern Africa, are t be cntinued. Funds will als be made available t finance a UNHCR-run prject fr prtectin activities in all the suthern and eastern Mediterranean cuntries Mrcc, Algeria, Tunisia, Libya, Jrdan, Syria and Lebann. 4. FINANCIAL SUPPORT FOR THE COMPREHENSIVE EUROPEAN MIGRATION POLICY 4.1. Supprting the external dimensin As already annunced in the cntext f the December 2005 Eurpean Cuncil Cnclusins, the Cmmissin cnfirms its intentin t intensify its financial assistance in areas cncerning r related t migratin in respect f its relatins with third cuntries, including by an allcatin f up t 3% f the Eurpean Neighburhd Plicy Instrument (ENPI) and cmparable effrts in respect f ther relevant financial instruments. Equivalent effrts will als be made in particular in Sub-Saharan Africa, with a view t tackling the rt causes f migratin. Funding will be channelled thrugh gegraphic prgrammes established under the relevant external assistance instruments and the thematic prgramme n migratin and asylum. As regards the Eurpean Develpment Fund (EDF), the EU Gvernance Initiative fr ACP cuntries is a relevant mechanism that allws these cuntries t btain substantial additinal financial supprt t develp and implement gvernance refrms. Access t these 10 th EDF incentive resurces will depend n the utcme f a dialgue between the Cmmissin and the partner cuntry n the past perfrmance and future cmmitments in the area f gvernance, including n migratin. Further resurces will be made available thrugh the EU Prgramme n Migratin and Develpment in Africa. In additin, fllwing the EU-Africa Tripli Cnference n migratin and develpment, ways shuld be explred t assist thse Nrthern African cuntries wishing t help alleviate migratry pressures in sub-saharan cuntries thrugh financial supprt t crdinate their effrts with thse f the EU. The new thematic prgramme n migratin and asylum has been elabrated n the basis f experience gained with the Aeneas prgramme and builds n lessns learned. A key innvatin is that the financial resurces will nw be allcated either gegraphically, taking int accunt the 'migratry rute' cncept, r transversely, thrugh glbal and multireginal initiatives nt exclusively linked t a single migratry rute. Finally, the bjective f Eurpean territrial cperatin f Reginal Plicy may als ffer measures that can help t manage migratin tgether with neighburing cuntries, fr example thrugh cmmn training measures fr brder patrl, custms authrities and plice frces, strengthened cntrls at prts and airprts, infrmatin exchange netwrks n migratin, capacity-building and adequate migratry legislatin in the cuntries f rigin. Mre specific infrmatin regarding amunts available in the different funding instruments can be fund in Annex C. EN 10 EN

11 4.2. Prmting slidarity amng Member States The 4,020 millin envelpe allcated by the budgetary authrity fr the perid t the framewrk prgramme entitled 'Slidarity and Management f Migratin Flws' is divided int fur separate financial instruments, each supprting different bjectives f the management f migratin flws t the EU: the External Brders Fund ( 1,820 millin), the Return Fund ( 676 millin), the Eurpean Refugee Fund ( 699 millin) and the Integratin Fund ( 825 millin). Fr each Fund, the bulk f the resurces will g directly t the Member States under shared management arrangements. These new instruments are specific and cmplementary t ther Cmmunity funding that supprts tackling issues f migratin, including Reginal Plicy instruments. Member States shuld actively take a strategic and lng-term apprach t the use f these resurces and supprt natinal measures that prmte slidarity between Member States. While the main purpse f the framewrk prgramme is t reinfrce the implementatin f the internal dimensin f the Cmmunity plicies n asylum, immigratin and brder cntrls, many f the actins are likely t favur the achievement f the bjectives set ut in this Cmmunicatin. In rder t underscre the relatinship, the Cmmissin will prpse strategic guidelines that will aim t incrprate the migratin plicy agenda in the peratinal framewrk f each Fund. The cmprehensive and multi-purpse nature f such actins will be acknwledged and the aim f the framewrk prgramme t supprt a cntinuum f actins relating t migratin management in Member States reinfrced. The Cmmissin will als ensure that the Cmmunity actins under these fur Funds managed directly by the Cmmissin prvide pprtunities t supprt Member States in the implementatin f a cmprehensive immigratin plicy by financing practical cperatin, the develpment f cmmn tls and reference dcuments, innvative pilt prjects and by ffering stakehlders pprtunities t cntribute their specific expertise t EC plicy develpment thrugh plicy-riented research and activities. The Cmmissin is als cmmitted t explring all pssibilities t create a leverage effect with the Funds by finding financial arrangements with ther stakehlders, such as the Eurpean Investment Bank. 5. CONCLUSIONS The Eurpean Unin must adpt a cmprehensive respnse t the grwing and evlving challenges psed by the management f migratry flws in a glbalised wrld has been a pilt year fr the Glbal Apprach. The EU and its Member States have succeeded in launching cncrete cperatin never seen befre. Hwever, 2006 has als seen a further increase in migratry pressure n the EU, particularly n its suthern brders. Actins must therefre be further increased and enhanced in a cmprehensive way t increase the capabilities f the EU t face the challenges linked t migratin, including by imprvements in the decisin-making prcess. Since 1999, the Eurpean Unin has taken a series f initiatives twards a cmmn migratin plicy, in rder t establish a cmmn asylum plicy, fight illegal immigratin and trafficking in human beings, ensure fair treatment f regular migrants, and build partnerships with cuntries f rigin and transit. The Cmmissin is determined t prceed yet further dwn this rad, including thrugh making further legislative prpsals t the Cuncil and the Parliament fr legal migratin, including the rights f migrant wrkers. But the Member EN 11 EN

12 States must als increase their effrts, s as t ensure the swift implementatin f thse measures already agreed upn and t cmplement EU actin with their wn initiatives. It is f the utmst imprtance that an assessment is made n a regular basis f the nging activities and that the EU's strategies are adjusted accrdingly, while admitting that a lasting and apprpriate respnse t the migratin phenmenn will require cnstant and lng-term effrts and substantial resurces. EN 12 EN

13 Annex A REFERENCES The fllwing list cntains the full reference f each dcument quted in the Cmmunicatin, as well as sme additinal recent dcuments f relevance. COMMISSION COMMUNICATIONS Cmmunicatin frm the Cmmissin n Reinfrcing the Management f the Eurpean Unin's Suthern Maritime Brders, COM(2006) f 30 Nvember Cmmunicatin frm the Cmmissin n Strengthening the Eurpean Neighburhd Plicy, COM(2006) 726 final f 29 Nvember Cmmunicatin frm the Cmmissin n The demgraphic future f Eurpe frm challenge t pprtunity, COM(2006) 571 f 12 Octber Cmmunicatin frm the Cmmissin n Plicy pririties in the fight against illegal immigratin f third cuntry natinals, COM (2006) 402 final f 19 July Cmmunicatin frm the Cmmissin n Implementing the Hague Prgramme: the way frward, COM (2006) 331 final f 28 June Cmmunicatin frm the Cmmissin n Prmting decent wrk fr all: The EU cntributin t the implementatin f the decent wrk agenda in the wrld, COM(2006) 249 f 24 May Plicy Plan n Legal Migratin, COM(2005) 669 final f 21 December Cmmunicatin frm the Cmmissin n an EU Strategy fr Actin n the Crisis in Human Resurces fr Health in Develping Cuntries, COM(2005) 642 f 12 December Cmmunicatin frm the Cmmissin n Pririty actins fr respnding t the challenges f migratin: First fllw-up t Hamptn Curt, COM(2005) 621 final f 30 Nvember Cmmunicatin frm the Cmmissin n Migratin and Develpment: Sme cncrete rientatins, COM(2005) 390 final f 1 September Cmmunicatin frm the Cmmissin n A Cmmn Agenda fr Integratin: Framewrk fr the Integratin f Third-Cuntry Natinals in the Eurpean Unin, COM(2005) 389 final f 1 September EN 13 EN

14 COUNCIL AND EUROPEAN COUNCIL CONCLUSIONS Presidency Cnclusins n the Glbal Apprach t Migratin: Pririty actins fcusing n Africa and the Mediterranean, Eurpean Cuncil, Brussels, December EU Strategy fr Africa, Eurpean Cuncil, SEC 15961/07, December A Strategy fr the External Dimensin f JHA: Glbal Freedm, Security and Justice, 14366/3/05, 12 December Cuncil Cnclusins n A Cmmn Agenda fr Integratin, 14390/05, 1-2 December OTHER DOCUMENTS Annual Reprt n Migratin and Integratin SEC(2006) 892. Natinal Actin Plans fr Scial Inclusin Eurpean Cmmissin, DG Justice, Freedm and Security, Handbk n integratin fr plicy makers and practitiners, Nvember 2004, written by the Migratin Plicy Grup, Brussels. The handbk can be dwnladed frm the fllwing address: andbk_en.pdf Labur Migratin Patterns in Eurpe: Recent Trends, Future Challenges, published in September 2006 in the series Ecnmic Papers and available n the fllwing website: EN 14 EN

15 ANNEX B OVERVIEW OF WORK CARRIED OUT ON EACH PRIORITY ACTION IN 2006 The fllwing gives details f wrk carried ut n the pririty actins during the curse f Its purpse is t give an idea regarding the amunt and type f wrk that has taken place, but is nt intended t be cmprehensive. I. INCREASING OPERATIONAL COOPERATION BETWEEN MEMBER STATES The FRONTEX Agency has crdinated several imprtant jint peratins t assist suthern Member States. These activities have been a first test fr the Agency and a shw f slidarity with thse Member States mst affected by high numbers f migrants arriving every day. Amng the imprtant peratins that have been carried ut in the autumn are HERA II in the Canary Islands and ff the cast f Nrth-western Africa and NAUTILUS in the central Mediterranean. The purpse f these peratins, which have als invlved the cperatin f neighburing African States, has been t enfrce the cntrl f the external maritime brders f the Eurpean Unin, thereby disrupting and preventing illegal immigratin by sea, and at the same time cntribute t saving the lives f illegal immigrants in distress at sea (search and rescue peratins). Mrever, FRONTEX has crdinated the detachment f experts in natinality identificatin frm ther Member States t Spain and Malta t assist the authrities f these tw Member States in repatriating third cuntry natinals wh cannt legally remain in their territries. Tw imprtant studies will infrm future wrk. In July FRONTEX cmpleted the feasibility study n a Mediterranean Castal Patrls Netwrk (MEDSEA). The study calls fr the establishment f Natinal Crdinatin Centres in the Member States, which wuld, twentyfur hurs a day and seven days a week, crdinate the activities f the different natinal authrities invlved, in cperatin with the natinal crdinatin centres f neighburing Member States and third cuntries. FRONTEX is als carrying ut the study n the technical feasibility f establishing a surveillance system cvering the whle suthern maritime brders f the EU and the Mediterranean Sea (BORTEC). This study will cmprise an verview f the existing mnitring and surveillance systems in use, their area f cverage and their technical slutins, as well as the needs and wishes fr further develpment with mdern technlgy t cver the entire EU suthern maritime brders. It is due t be cmpleted by the end f The develpment f Reginal Netwrks f Immigratin Liaisn Officers (ILOs) has prgressed well as part f the verall Migratin Rutes Initiative. Fur key migratin rutes frm Africa t Eurpe were identified, and the presence f ILOs alng these rutes was determined. Reprts n illegal immigratin were drafted by these ILOs, which gave a picture f the situatin in their respective cuntries and peratinal recmmendatins fr stepping up cperatin alng the rutes. Meanwhile, Spain, France, Italy and the UK accepted leadership fr each f the Reginal Netwrks, and preparatry meetings gt underway quickly. The Reginal Netwrks will nw wrk n develping an actin plan fr each rute, cnsisting f cncrete, peratinal prjects that can be implemented t help cmbat illegal immigratin. In July the Cmmissin put frward a prpsal fr the establishment f Rapid Brder Interventin Teams t be managed by FRONTEX. Such teams wuld be made up f specially trained brder guard fficers f the natinal services f Member States wh n shrt ntice EN 15 EN

16 can be deplyed t a requesting Member State t prvide technical and peratinal assistance. All csts assciated with the training and deplyment f these fficers by FRONTEX will accrding t the prpsal be cvered by the Cmmunity. The prpsal is currently being discussed in the Cuncil; quick adptin wuld mean they culd becme peratinal in the freseeable future. The Cmmissin has als been carrying ut an analysis f the law f the sea frm the pint f view f the fight against illegal immigratin. The study examines Member State cntrl pwers in the different maritime spaces, as well as third cuntries' bligatins n the basis f internatinal sea law and maritime law and as regards the fight against the smuggling f migrants. The pssibility fr an institutinalised reginal cperatin mechanism alng the lines f the ne existing amngst the Baltic States is als explred. EU Member States and the Cmmissin played an active rle in preparatins fr the UN High Level Dialgue n internatinal migratin and develpment. An EU Cmmn Psitin was develped in the Cuncil as a cntributin t the Dialgue, supplemented by a Cmmissin Cmmunicatin. It set ut the EU's apprach t issues being cvered by the Dialgue. The event itself was a success. High-level representatives frm arund the wrld jined tgether fr tw days t pledge their supprt fr clser cperatin n migratin and develpment issues. Many States expressed their wish t cntinue the dialgue thrugh a glbal, infrmal and vluntary Frum. Belgium has ffered t hst the Glbal Frum n migratin and develpment in July The aim will be t share expertise and best practice and enhance c-peratin in the area f migratin and develpment. PART I: INCREASING OPERATIONAL COOPERATION BETWEEN MEMBER STATES 1. Call n FRONTEX t: 1.1.implement brder management measures in the Mediterranean regin, in particular jint peratins and pilt prjects, as early as pssible in 2006 Several jint peratins and pilt prjects were planned and implemented during The UK negtiated a framewrk partnership agreement with FRONTEX t allw UK fficials t participate in jint peratins n a case-by-case basis. Prject prpsals were als submitted by Member States t the varius Cmmunity prgrammes, including ARGO and AENEAS. These included the Spanish prjects 'Seahrse', 'Atlantis' and 'Gate t Africa'. Actins and events: 25 June-5 July Operatin Pseidn: this prject measured the effectiveness f brder cntrl n the 'Balkan rute'. Jint actin was carried ut t cmbat illegal immigratin. It tk place at varius places alng the land brder between Greece and Turkey, as well as in harburs in Greece and Italy. EN 16 EN

17 15 July-15 September Operatin AGIOS: a jint peratin t tackle frged dcuments in Spain's Mediterranean prts. Deplyment f EU fficers started at the beginning f August. The implementatin f the AGIOS- Prject is clsely linked t the ARGO-funded prject 'Gate f Africa'. HERA I: 17 July-31 Octber HERA II: 11 August t date 31 July-31 Octber Secnd phase is freseen frm mid-nvember t mid-december Operatin HERA: a prject that aimed t reduce the flw f migrants frm Senegal and Mauritania twards the Canary Islands. The bjective was reached by raising the number f repatriatins perfrmed (HERA I Identificatin and Return), as well as establishing patrls n the pen sea near Senegal and Mauritania t reduce the departure f vessels frm these shres (HERA II - Patrlling). Operatin Migratin Flw Malta: the main bjective f this peratin was t tackle the flw f illegal immigrants embarking frm Libyan shres, t enhance knwledge and intelligence f the Maltese authrities and t increase the percentage f successfully identified illegal immigrants. 5 Octber-15 Octber Operatin NAUTILUS: the main scpe f this jint peratin was t patrl the area suth f Sicily, Lampedusa and Malta in the Mediterranean Sea t reduce the immigratin flws riginating mainly frm Libya. The invlvement f Libya in this prject was sught Nvember Operatin Amazn: s-called Fcal Pint Offices were established in internatinal airprts in Spain, Prtugal, UK, France, Italy, Netherlands and Germany, with the bjective f preventing illegal immigratin. The fcus was n Latin American migratin rutes. Cntinue carrying ut jint peratins 1.2. Present a Risk Analysis reprt n Africa, building n recent studies, by May 2006 FRONTEX shared its analysis reprt, Brief Assessment f Illegal Immigratin Flws and Rutes n the African Cntinent, in May. This reprt assisted in the identificatin f the main illegal immigratin rutes frm Africa, and was used t supprt the wrk n setting up reginal ILO netwrks. Actins and events: Spring April EUROPOL issued a study n the eastern Mediterranean. FRONTEX delivered a tailred Risk Analysis reprt n Illegal Immigratin frm Mauritania, identifying recently used illegal immigratin rutes frm Western Africa that transit Mauritania. 30 May FRONTEX delivered the Risk Analysis n illegal migratin frm Africa with special fcus n Mrcc and Libya and presented the results t its Management Bard Meeting in Sifk. EN 17 EN

18 22-23 May, Casablanca Interpl meeting n illegal migratin in Africa 7-9 June, Brd, Slvenia Jint ICMPD-EUROPOL meeting held within the framewrk f the Dialgue n Mediterranean Transit Migratin (MTM), n the tpic 'Migratin Flws and Trends in the Mediterranean' Nvember, Prt Jint ICMPD-EUROPOL-FRONTEX meeting held within the framewrk f the Dialgue n MTM, n the tpic 'Prject Twards Cmprehensive Respnse t Mixed Migratin Flws'. Risk analyses t be used in planning and preparatin f further peratins Launch a feasibility study n reinfrcing mnitring and surveillance f the suthern maritime brder f the EU, namely in the Mediterranean Sea, and n a Mediterranean Castal Patrls Netwrk invlving EU Member States and Nrth African cuntries, as early as pssible in 2006 A supprt grup currently cnsisting f 14 Member States was set up t undertake the MEDSEA study, which was cmpleted in July. The main recmmendatin f the study is t establish natinal crdinatin centres in all Member States, which shuld n a 24/7 basis crdinate the activities f Member States and third cuntries. Actins and events: 1 March A cre team f experts frm SP, IT, FR and GR started wrk in FRONTEX. Participating Member States submitted answers t a questinnaire circulated by FRONTEX. 6 April, Warsaw First meeting f MEDSEA Supprt Grup. 10 May, Warsaw Secnd meeting f MEDSEA Supprt Grup. 8 June, Helsinki Third meeting f MEDSEA Supprt Grup. 20 June, Warsaw Furth meeting f MEDSEA Supprt Grup. 6 July, Warsaw Fifth meeting f MEDSEA Supprt Grup. 24 July Study presented t the Cuncil and the Cmmissin. Recmmendatins f the study t be implemented by Member States as sn as pssible, where necessary with supprt frm FRONTEX timetable and csting t be put tgether Third cuntries t be cntacted nce the EU has a clear view n hw it wants t reinfrce mnitring and surveillance sufficient flexibility fr mdifying the EU apprach t be kept t allw fr the integratin f the wishes and views f third cuntries EN 18 EN

19 2. Explre the technical feasibility f establishing a surveillance system cvering the whle suthern maritime brder f the EU and the Mediterranean Sea by the end f Such a system wuld use mdern technlgy with the aim f saving lives at sea and tackling illegal immigratin Wrking arrangements fr the 'BORTEC' study were transferred frm the Cmmissin t FRONTEX. Actins and events: Spring Expert grup established t carry ut the study, bringing tgether bth technical and peratinal peple, including thse with expertise with the Galile system. 5 April Crdinatin meeting between Cmmissin and FRONTEX t enable transfer and cntinuatin f the wrk. 2 June Prject template apprved. 7 July First meeting f the Supprt Grup. Study due in December 3. Establish reginal netwrks f Immigratin Liaisn Officers (ILOs) invlving pririty cuntries r regins as early as pssible in 2006, and present reprts n illegal immigratin and trafficking, with the assistance where apprpriate f ILOs in key cuntries, by May 2006 The wrk t set up reginal netwrks f ILOs has been clsely linked t the migratin rutes initiative and the EU-Africa Ministerial Reginal Cnference held in Rabat. On the basis f existing data and statistics, fur key migratin rutes frm the African cntinent twards Eurpe were identified and selected fr detailed wrk. Fr each f these rutes the presence f ILOs in the relevant cuntries was determined. The ILOs were apprached t draft targeted illegal immigratin reprts and t submit cncrete, peratinal recmmendatins fr stepping up cperatin alng the rutes. EC Delegatins in the relevant third cuntries identified immigratin cntact persns wh supprted the reprting activity. The ICONet system was adapted fr specific use by the ILO Netwrks. In additin, fr each key rute a lead Member State was identified: SP, FR, IT and UK fr reginal netwrks 1 t 4 respectively. Leading Member States were requested t draft a six-mnth calendar f activities, including start-up reginal meetings, with the final bjective f develping an peratinal actin plan fr each rute. Actins and events: May-June Illegal immigratin reprts drafted by ILOs. 14 June, Madrid Jint preparatry meeting fr ILO reginal netwrks 1 and 2, rganised by SP and FR. 6 July, Las Palmas de Gran Canarias Jint start up meeting fr ILO reginal netwrks 1 and 2 rganised by SP and FR, bringing tgether ILOs alng bth rutes. 6 Octber, Lndn Jint preparatry meeting fr ILO reginal netwrks 3 and 4 rganised by IT and UK Nvember, Rme Jint start up meeting fr ILO reginal netwrks 3 and 4, bringing EN 19 EN

20 tgether ILOs alng bth rutes. Lcal meetings f ILO reginal netwrks t be held regularly Operatinal actin plans t be drafted 4. Bring frward a prpsal fr the creatin f rapid reactin teams made up f natinal experts able t prvide rapid technical and peratinal assistance at times f high influxes f migrants, in accrdance with the Hague Prgramme, by Spring 2006 In July the Cmmissin put frward a prpsal fr the establishment f Rapid Brder Interventin Teams t be managed by FRONTEX. Such teams wuld be made up f specially trained brder guard fficers f the natinal services f Member States wh n shrt ntice can be deplyed t a requesting Member State t prvide technical and peratinal assistance. All csts assciated with the training and deplyment f these fficers by FRONTEX will, accrding t the prpsal, be cvered by the Cmmunity. Actins and events: April Study n legal cmpetences f brder guards cmpleted. 19 July Prpsal fr a Regulatin n the setting up f a mechanism fr the creatin f Rapid Brder Interventin Teams (RABITs) submitted by the Cmmissin t the Eurpean Parliament and the Cuncil. Cuncil discussin f prpsal, fllwed by adptin f the Regulatin Cntinued wrk by Cmmissin n a prpsal fr expert interventin teams in the asylum cntext 5. Ensure a substantial fllw-up t the reprt f the Glbal Cmmissin n Internatinal Migratin, and prepare fr the UN High Level Dialgue n Migratin and Develpment that will be launched in September 2006 Several preparatry events were rganised in the lead-up t the HLD, and the Cmmissin and Member States tk an active part in all f them. A Cmmissin Memrandum n EU plicies, a Cmmunicatin and an EU Cmmn Psitin were all submitted as cntributins t the preparatins. The HLD itself was a success. High-level representatives frm arund the wrld cmmitted t clser c-peratin n migratin and develpment issues and agreed t cntinue dialgue thrugh a glbal frum. Actins and events: 4-7 April, New Yrk 39 th Sessin f the Cmmissin n Ppulatin and Develpment. May Cmmissin Memrandum n EU plicies sent t the UN Secretary- General by President Barrs. 12 June, Brussels BE rganised a seminar t discuss fllw up t the HLD June, Turin Internatinal Sympsium n Migratin and Develpment rganised by DESA Cmmissin rganised a sessin n EU plicies n migratin and develpment, including as a speaker a representative frm the ACP Secretariat. EN 20 EN