The following is a leaked draft of the Commission communication on the EU migration agenda which is due to be published on Wednesday 13th May. It might be changed before publication and may also be missing some text.
I. Introduction
Throughout
history, people have migrated from one place to another. The reasons can vary greatly:
political oppression, war, poverty, entrepreneurship, family reunification –
every person's migration tells its own story. Migration impacts society in many
different ways and calls for a variety of responses. This Agenda brings
together the different steps the European Union should take now, and in the
coming years, to meet this challenge.
The immediate imperative
must be the duty to protect those in need.
The plight of thousands of migrants putting their lives in peril to
cross the Mediterranean has shocked us all. As a first and immediate response,
the Commission put forward a ten point plan for immediate action. The European
Parliament and the European Council have lent their support to these plans and Member
States have also committed to concrete steps to avert further loss of life.
The response was
immediate but insufficient. This cannot be a one-off response. Emergency
measures have been necessary because the collective European policy on the
matter has fallen short. While most Europeans have responded to the plight of
the migrants, the reality is that across Europe, there are serious doubts about
whether our migration policy is equal to the pressure of thousands of migrants,
to the need to integrate migrants in our societies, or to the economic demands
of a Europe in demographic decline.
To try to halt
the human misery created by those who exploit migrants, we need to exploit the
EU's global role and wide range of tools to address the root causes. Some of
these are deep-seated but must be addressed. Globalisation and the
communication revolution have created opportunities and raised expectations.
Others are the consequence of wars and crises from Ukraine to the Middle East
and North Africa. The impact of global poverty and conflict do not end at
national frontiers. Europe should continue to be a safe haven for those fleeing
persecution but it is also an attractive
destination for economic migrants. Upholding our international commitments and
values while protecting our borders and at the same time creating the right
conditions for Europe's economic prosperity and societal well-being is a
difficult balancing act that requires coordinated action on the European level.
This calls for a
set of core measures and a consistent and clear common policy. We need to
restore confidence in our ability to bring together European and national
efforts to address migration, to meet our international and ethical obligations
and to work together in an effective way. A European solution is essential
because these are challenges that no Member State can effectively address
alone. But it is clear that we need a new approach. This requires using all
policies and tools at our disposal – combining internal and external policies
to best effect. This also requires us to show solidarity and shared
responsibility. All actors, Member States and EU institutions, need to work
together to make a common European migration policy a reality.
.
II. Immediate
action
The first part
of this European Agenda on Migration responds to the need for action in
response to the human tragedy in the Mediterranean. The European Council
statement of 23 April 2015[1] and
the European Parliament Resolution a few days later,[2]
illustrated the consensus for rapid action to save lives and to step up EU
action. This swift response must also serve as the blueprint for the EU's
reaction to future crises, whichever part of the common external border comes
under pressure.
Saving lives at sea
Europe cannot
stand by whilst lives are being lost at sea. Search and rescue efforts will be
stepped up to restore the level of intervention provided under the former
Italian 'Mare Nostrum' operation. To
triple the budget for the Frontex
joint-operations Triton and Poseidon, the Commission has already presented
an amending budget for 2015 and will present its proposal for 2016 by the end
of May. When implemented, this will expand both the capability and the geographical
scope of these operations, so that Frontex can fulfil its dual role of
coordinating operational border support to Member States under pressure, and
helping to save the lives of migrants at sea[3]. In
parallel to this increase in EU funding, assets (ships and aircrafts) are being
deployed by several Member States. This welcome solidarity will need to be
maintained for as long as the migratory pressure persists.
[explanation of new Triton mission to go here]
Targeting criminal smuggling networks
The criminal
networks which exploit vulnerable migrants must be targeted. The High
Representative/Vice President (HR/VP) has already presented options for
possible Common Security and Defence
Policy (CSDP) operations to systematically identify, capture and destroy
vessels used by smugglers. Such action under international law will be a
powerful demonstration of the EU's determination to act.
More will be done to pool and better use information to identify and
target smugglers. Europol will immediately strengthen its recently
established joint maritime information operation (JOT MARE) – the focal point
on smuggling. The result will be a single entry point for inter-agency
cooperation on smuggling.[4]
Frontex and Europol will also develop profiles of vessels which could be used
by smugglers, following patterns to identify potential vessels and monitor
their movements. Finally, Europol will identify illegal internet content used
by smugglers to attract migrants and refugees, and request its removal.
Responding to high-volumes of arrivals within the
EU: Relocation
Member States'
asylum systems today face unprecedented pressure and, with the summer arriving,
the flow of people to frontline Member States will continue in the months to
come. The EU should not wait until the pressure is intolerable to act: the
volumes of arrivals mean that the capacity of local reception and processing
facilities is already stretched thin. To deal with the situation in the
Mediterranean, the Commission will, by the end of May, propose triggering
the emergency
response system envisaged under Art.78.3 of the Treaty. The proposal will include a distribution
mechanism for persons in clear need of international protection to ensure a
fair and balanced participation of all Member States to this common effort. The
receiving Member State will be responsible for the examination of the
application in accordance with established rules and guarantees. A
redistribution key based on criteria such as GDP, size of population,
unemployment rate and past numbers of asylum seekers can be found in Annex.
This step will
be the precursor of a lasting solution. The EU needs a permanent system for
sharing the responsibility for large numbers of refugees and asylum seekers
among Member States. The Commission will
table legislation by the end of 2015 to provide for a mandatory and
automatically-triggered relocation system to distribute those in clear need of
international protection within the EU when a mass influx emerges. The scheme
will take account of the efforts already made on a voluntary basis by Member States.
Pending the
implementation of these two measures, Member States will need to show
solidarity and redouble their efforts to assist those countries on the
frontline.
A common approach to granting protection to
displaced persons in need of protection: Resettlement
In addition to the relocation of those
already on EU soil, the EU has a duty to contribute its share in helping
displaced persons in clear need of international protection. This is a joint
responsibility of the international community, with the United Nations High
Commissioner for Refugees (UNHCR) given the task of identifying when people
cannot stay safely in their own countries. Such vulnerable people cannot be
left to resort to the criminal networks of smugglers and traffickers. There must
be safe and legal ways for them to reach the EU. The UNHCR has endorsed a target
of 20,000 resettlement places for the EU per year by the year 2020.[5] Some
Member States have already made a major contribution to global resettlement
efforts. But others offer nothing – and in many cases they are not making an
alternative contribution in terms of receiving and accepting asylum requests or
helping to fund the efforts of others.
By the end of May, the Commission will
make a Recommendation proposing an EU-wide
resettlement scheme to offer xxx places. This scheme will cover all Member
States, with distribution criteria that can be found in the Annex, such as GDP,
size of population, unemployment rate and past numbers of asylum seekers and
will take account of the efforts already made on a voluntary basis by Member
States. The EU budget will provide dedicated funding of an extra €50 million in 2015/2016 to support this
scheme. If necessary this will be followed up with a proposal for a binding and
mandatory legislative approach beyond 2016.
In addition to this common effort, the Commission calls on Member States
to make use of the existing possibilities offered under the Asylum Migration
and Integration Fund and pledge further resettlement places under their
national programming, with the funding swiftly adjusted.
In addition, Member States should use
the other legal avenues available to persons in need of protection should be
used to the full, including private/non-governmental sponsorships and
humanitarian permits, and family reunification clauses.
Working
with third countries to tackle migration upstream
The EU can also take immediate action to
intervene upstream in regions of origin and of transit. The Commission and the
European External Action Service (EEAS) will work together with partner
countries to put in place concrete measures to process migrants before they
reach the EU's borders.
First, the EU should step up its support
to the countries bearing the brunt of displaced refugees. Regional Development and Protection Programmes will be set up or
deepened, starting in North Africa and the Horn of Africa. €30 million will be made available in
2015/2016 and should be complemented by additional contributions from Member
States.
Second, a pilot multi-purpose centre will be set up in Niger by the end of
the year. Working with the International Organisation for Migration (IOM), the
UNHCR and the Niger authorities, the
centre will combine the provision of information, local protection and
resettlement opportunities for those in need. Such centres in countries of
origin or transit would help to provide a realistic picture of the likely
success of migrants' journeys, and offer assisted voluntary return options for
irregular migrants.
Third, migration will become a specific
component of ongoing Common Security and
Defence Policy (CSDP) missions already deployed in countries like Niger and
Mali, which will be strengthened on border management. A dedicated summit will be organised in Malta in the autumn with key
partners, including the African
Union, to develop a common approach with the region addressing the
causes of irregular migration and the protection of people in need, as well as
smuggling and trafficking of people.
This work will be closely connected to
broader political initiatives to promote stability. Of particular importance is
the action led by the HR/VP to address the situation in Libya, with full support to the UN-led efforts to encourage the
process of setting up of a Government of National Unity. Persistent efforts to
address the crisis in Syria have
been accompanied by €3.6 billion in humanitarian, stabilisation
and development assistance inside Syria and to help Syrian refugees in
countries like Lebanon, Jordan, Turkey and Iraq These are only the most obvious
of the many political crises which will have a profound impact on migration to
the EU in the months to come.
Using the EU's
tools to help frontline Member States
More will be
done to help deal with the immediate challenge faced by Member States in the
frontline of migrant arrivals.
First, the
Commission will set up a new 'Hotspot' approach,
where the European Asylum Support Office, Frontex and Europol will work on the
ground with frontline Member States to swiftly identify, register and
fingerprint incoming migrants. The work of the agencies will be complementary
to one another. Those claiming asylum will be immediately channelled into an
asylum procedure where EASO support teams will help to process asylum cases as
quickly as possible. For those not in
need of protection, Frontex will
help Member States' in coordinating the return of irregular migrants.
Europol and Eurojust will assist the host Member State with
investigations to dismantle the smuggling and trafficking networks.
Second, the Commission will mobilise an additional €60 million in emergency funding, including to support the
reception and healthcare system of Member States under particular pressure[6].
An evaluation of needs is under way.
|
Key Actions
|
·
A funding package to triple the allocation for
Triton and Poseidon in 2015-16 and to finance an EU-wide resettlement scheme.
·
Immediate support to a possible CSDP mission on
smuggling migrants.
·
A proposal to activate the emergency mechanism
under article 78(3) TFEU by the end of May, on the basis of the annexed
distribution key.
·
A proposal for a permanent common EU system for
relocation by the end of 2015.
·
A Recommendation for an EU resettlement scheme by
the end of May followed if required by a proposal for more permanent approach
beyond 2016.
·
€30 million for Regional Development and
Protection Programmes.
·
Pilot Multi-purpose Centre established in Niger by
the end of 2015.
|
II. Four pillars to manage migration better
The migration crisis in the Mediterranean has put the spotlight on
immediate needs. But it has also revealed much about the structural limitations
of EU migration policy and the tools at its disposal. This is an opportunity for the EU to face up
to the need to strike the right balance in its migration policy and send a
clear message to citizens that migration can be better managed collectively by
all EU actors.
The EU must continue to offer protection to those in need. It must
also recognise that the skills needed for a vibrant economy cannot always
immediately be found inside the EU labour market or will take time to develop.
Migrants who have been legally admitted by Member States should not be faced
with reluctance and obstruction – they should be given every assistance to
integrate in their new communities. This should be seen as central to the
values Europeans should be proud of and should project to partners worldwide.
But by the same token, the EU needs to draw the consequences when
migrants do not meet the criteria to stay. Unsuccessful asylum claimants who
try to avoid return, visa overstayers, and migrants living in a permanent state
of irregularity constitute a serious problem. This corrodes confidence in the
system. It offers strong arguments for those looking to criticise or stigmatise
migration. It makes it harder to integrate those migrants staying in the EU as
of right.
This Agenda sets out four levels of action for an EU migration policy
which is fair, robust and realistic. When implemented,[7]
they will provide the EU with a migration policy which respects the right to seek
asylum, responds to the humanitarian challenge, provides a clear European
framework for a common migration policy, and stands the test of time.
II.1
Reducing the incentives for irregular
migration
There are many
different motivations behind irregular migration. But often, it ends in deep
disappointment. The journey is often far more dangerous than expected, often at
the mercy of criminal networks who put profit before human life. Those who fail
the test of asylum face the prospect of return. Those who live a clandestine
life inside Europe have a precarious existence and can easily fall prey to
exploitation. It is in the interests of all to address the root causes which
cause people to seek a life elsewhere, to crack down on smugglers and traffickers,
and to provide clarity and predictability in return policies.
Addressing the root causes in third countries
Many of the root
causes of migration lie deep in global issues which the EU has been trying to
address for many years. Migration should be recognised as one of the many
factors which show an active and engaged EU external policy is of direct
importance to EU citizens. Civil war, persecution and climate change all feed
directly and immediately into migration, so the prevention and mitigation of
these threats is of primary importance for the migration debate. This will be a
major theme of the Strategic Review initiated by the HR/VP to assess the impact
of changes in the global
environment, as well as the forthcoming review of European Neighbourhood Policy.
Partnership with countries of origin and
transit is crucial and there are a series of established bilateral and regional
cooperation frameworks on migration in place (Rabat Process, Khartoum Process,
the Budapest Process, the EU-Africa
Migration and Mobility Dialogue). These will be enriched by stepping up the
role on migration of EU Delegations in key countries. Delegations will
in particular report on major migratory related developments in the host
countries, contribute to mainstream migration issues into development
cooperation and reach out to host countries to ensure coordinated
action. European migration liaison officerswill be seconded in EU Delegations in key third countries, in close
cooperation with the Immigration Liaison Officers Network[8] and with local authorities and civil society,
with the purpose of gathering, exchanging and analysing information. As a first
step, liaison officers will be seconded to Egypt, Algeria, Morocco, Tunisia,
Niger, Senegal, Sudan, Turkey, Pakistan, Lebanon and Jordan,
A good example of where there is much to
be gained from stepping up cooperation is Turkey.
Since the beginning of 2014, Turkey has received €79 million to contribute to
its efforts to deal with the pressure on its refugee management system and to
help prevent hazardous journeys in the Eastern Mediterranean. Deploying a
dedicated Frontex liaison officer in Turkey will take cooperation one step
further.
With a budget allocation of €82 billion
for the 2014-2020 period, EU external
cooperation assistance plays an
important role in tackling global issues like poverty,
insecurity, inequality and unemployment. This includes support in some of the
greatest problem zones.
As well as addressing long-term root causes, the EU helps to mitigate
the impact of crisis at a local level. This needs a sustained effort: more than
70% of the world's refugees are trapped in situations of displacement for five
years or more. The EU is a leading international donor for refugees with €200 million in ongoing projects
from development assistance and over €1 billion of humanitarian assistance
dedicated to refugees and Internally
Displaced Persons since the
beginning of 2014. A strategic reflection is now under way to maximise the impact
of this support, with results expected in 2016.
The fight against smugglers and traffickers
Action to fight criminal networks of smugglers and traffickers is first
and foremost a way to prevent the exploitation of migrants by criminal
networks.[9] It would
also act as a disincentive to irregular migration. The goal must be to
transform smuggling networks from ‘low risk, high return' operations for
criminals into ‘high risk, low return’ ones. A action plan will be brought
forward by the Commission by the end of May.
Cooperation with
third countries is of critical importance. Most of the smugglers
are not based in Europe, and those who are arrested on the boats in the
Mediterranean are normally the last link in the chain. Cooperation to crack
down on the local and international criminal groups that control smuggling
routes will be a major focus of the intensified cooperation set out above.
EU Agencies can also assist Member States' authorities in intensifying
their action against criminal networks of smugglers. Agencies help
identify smugglers, investigate them, prosecute them and freeze their assets.
Action will build on immediate efforts to identify, capture and destroy vessels
before they are used by criminal networks (see above). Proactive financial investigations,
aiming at seizures and recovery of criminal assets, and actions against money
laundering connected to migrant smuggling will be supported through enhanced
cooperation with Financial Intelligence Units on financial flows and new
cooperation with financial institutions, such as banks, international money
transfer services, and credit card issuers. This will also draw on the improved
information-sharing set out in the European Agenda on Security.
In order to strengthen the instruments available to prosecutors to
address smuggling networks, the Commission will improve the existing EU legal
framework to tackle migrant smuggling and those who profit from it.[10] In
order to take specific action against traffickers' networks and provide
assistance to victims of trafficking, the Commission will also complete the
initiatives foreseen in the current strategy against Trafficking in Human
Beings and look at how work can be further improved in 2016. Another
potential source of exploitation comes from employers inside the EU: the
Commission will set out further measures in areas such as workplace inspections
to better apply the Employers Sanctions Directive[11],
which prohibits
the employment of third-country nationals who have no right to stay in the EU.
It will also priotise infringement
procedures relating to this Directive.
Return
One of the incentives for irregular migrants is the knowledge that the
EU's return system – to return irregular migrants or those whose asylum
applications are refused – works imperfectly. Smuggling networks often play on
the fact that relatively few return decisions are enforced – only 39.2% of
return decisions issued in 2013 were effectively enforced.
To increase the enforcement rate, we first need to ensure that third
countries fulfil their international obligation to take back their own
nationals residing irregularly in Europe.[12] The
EU should be ready to use all leverage and incentives at its disposal. The recently agreed Pilot Project on
Return will offer an important practical demonstration of the way forward.[13] The
EU will help third countries to meet their obligations by offering
support such as capacity building for the management of returns, information and awareness campaigns, and support for reintegration
measures. The Commission will also revise its approach to readmission
agreements,[14]
prioritising the main countries of origin of irregular migrants.
In parallel, Member States have to apply the Return Directive. The
Commission will give priority to monitoring implementation of the Directive,
with a more swift return system going hand-in-hand with the respect of the
procedures and standards that allow Europe to ensure a humane and dignified
treatment of returnees and a proportionate use of coercive measures, in line
with fundamental rights and the principle of non-refoulement[15].
New rules on the return of irregular migrants are now being put in place in the
framework of the Schengen Evaluation Mechanism, and a ‘Return Handbook’
will support Member States with common guidelines, best practice and
recommendations.
While the EU has common rules on return, it lacks effective operational
cooperation. Frontex is currently offering considerable support to Member
States, but its mandate must be reinforced to increase its capacity to provide
comprehensive operational assistance. Currently, Frontex can only coordinate
return missions but not initiate its own. On the basis of the ongoing
evaluation to be concluded this year, the Commission will propose to amend
the Frontex legal basis to strengthen its role on return.
|
Key Actions
|
·
Making migration a core issue for EU
delegations.
·
An action plan on smuggling in May
2015.
·
Stronger action so that third
countries fulfil their obligations to readmit their nationals.
·
Adoption of a return handbook and
monitoring of the implementation of the Return Directive.
·
Reinforcement and amendment of the
Frontex legal basis to strengthen its role on return.
|
II.2
Border management – saving lives and securing external borders
The measures
described above to address the situation in the Mediterranean today have been
developed as emergency measures in response to a specific crisis. It would be a
illusion to believe that this is a short-term need which will not return. The
reinforcement of Frontex and the setting up of new forms of cooperation with
Member States should be seen as a level of support and solidarity which is here
to stay. The rules of engagement agreed for Triton should be seen as the model for future action. Every crisis
will be different, but the EU needs to heed the lesson and be prepared to act
in anticipation of a crisis, not just in reaction.
Identifying risk trends is increasingly
necessary for effective operational preparedness. The roll-out of Eurosur[16] has
provided a good model on which to build and should be used to the full by all
civilian and military authorities with a responsibility for maritime border
surveillance. The relevant agencies should develop an effective situational
picture to feed into policy-making and response preparation at national and
European levels. [17].
The EU has an established policy
to help Member States build up sound and consistent external borders. The
Internal Security Fund already provides over €2.7 billion to Member States for the period from 2014-2020. But
while rules on border control are in place, border management today varies,
based on a patchwork of sectorial documents and instruments. In 2016, the
Commission will consolidate this into a Union
standard for border managementto cover
all aspects of the Union's external border management.
Managing our borders more
efficiently also implies making better use of the opportunities offered by IT
systems and technologies. The EU today has three large-scale IT systems,
dealing with the administration of asylum (Eurodac), visa applications (the
Visa Information System), and the sharing of information about persons
or objects for which an alert has been created by the competent authorities
(Schengen Information System). The full use of these systems can bring benefits
to border management, as well as to enhance Europe's capacity to reduce
irregular migration and return irregular migrants. A new phase would come with
the "Smart Borders"
initiative to increase the efficiency of border crossings, facilitating
crossings for the large majority of 'bona fide' third country travellers,
whilst at the same time strengthening the fight against irregular migration by
creating a record of all cross-border movements by
third country nationals, fully respecting proportionality. Following initial
discussions on the first proposal and to take into account concerns raised by
the co-legislators, the Commission intends to present a revised proposal on
Smart Borders by the beginning of 2016.
The development
of high standards inside the EU will also make it easier for Europe to support
third countries developing their own solutions to better manage their borders. Initiatives in key African and neighbourhood countries could be supported by
Frontex as well as by EU funding and related initiatives in the context of EU
neighbourhood and development policies. The goal should be to encourage more
secure borders, but also to strengthen
the capacity of countries in North Africa to intervene and save lives of
migrants in distress.
|
Key Actions
|
·
Strengthening Frontex's role and
capacity
·
Union Standard for border management.
·
A revised proposal on Smart Borders.
·
Strengthening the capacity of third
countries to manage their borders.
|
II.3. Europe's duty to protect: a strong common
asylum policy
The EU needs a
clear system for reception of asylum-seekers inside the EU. In 2014, a record
600,000 people applied for asylum in the EU. T All asylum applications must be
processed and protection granted to those who qualify. One of the weaknesses
exposed in the current policy has been the lack of mutual trust between Member
States, notably as a result of the continued fragmentation of the asylum
system. This has a direct impact on asylum seekers who seek to "asylum
shop", but also on EU public opinion: it encourages a sense that the
current system is fundamentally unfair. But the EU has common rules which
should already provide the basis for mutual confidence, and a further
development of these rules will allow for a fresh start.
A coherent implementation of the Common European
Asylum System
The priority is to ensure a full
and coherent implementation of the Common European Asylum System. This will be
supported by a new systematic monitoring
process, to look into the implementation and application of the asylum
rules and foster mutual trust. In addition, working with the Member States and
European Asylum Support Office (EASO), the Commission will give further guidance
to improve standards on reception
conditions and asylum procedures to provide Member States with well-defined and
simple quality indicators, and reinforcing protection of the fundamental rights
of asylum-seekers, paying particular attention to the needs of vulnerable
groups, such as children.[18]
The Commission will also prioritise transposition and implementation in
practice of the recently adopted legislation on asylum rules when considering infringement procedures.
EASO will at the same time step up practical cooperation, developing a
role as the clearing house of national Country of Origin Information – the
factual information on which asylum decisions are based. This would encourage
more uniform decisions. Other key measures are training[19]
and a new dedicated network of reception authorities, which could lay the
foundation for pooling reception places in times of emergency.
Strengthening the Common European Asylum
System also means a more effective approach to abuses. Too many requests are unfounded: in 2014, 55% of the asylum
requests resulted in a negative decision and for some nationalities, rejection
rates approached 100%, hampering the capacity of Member States to provide swift
protection to those in need. The legislation includes specific provisions to
fight against abuses, for example by allowing swift processing of unfounded
asylum applications. To reinforce this, the Commission will work with EASO and
Member States to develop guidelines to
maximise such possibilities.
Another problem arises with asylum
applications from third country
nationals who do not require a visa to come to the EU. These cases can be dealt
with in part through the post-visa liberalisation monitoring mechanisms,[20]
to reinforce this, the Commission will also examine whether the Safe Country of Origin provisions of
the Asylum Procedure Directive should be strengthened, to support the swift
processing of asylum applicants from countries designated as safe.
Dublin system - greater responsibility sharing
across Member States
Though the
recent legal improvements date only from 2014, the mechanism for allocating
responsibilities to examine asylum applications (the "Dublin system"[21])
is not working as it should. In 2014, five Member States dealt with 72% of all
asylum applications EU-wide. The EU can provide further assistance, but the
rules need to be applied in full.
Member States are responsible for
applying the Dublin system. In particular, they should allocate the resources
needed in order to increase the number of transfers and cut delays,
consistently apply the clauses related to family reunification, and make more
regular use of the discretionary clauses, allowing them to examine an asylum
application and relieve the pressure on the frontline Member States. At Union
level, EASO will support Member States by establishing a dedicated network of national Dublin Units.
Member States must also implement the
rules on taking migrants' fingerprints
at the borders. Member States under particular pressure will benefit from the
Hotspot system for providing operational support on the ground (see above). The
Commission will also provide, by the end of May, guidance to facilitate
systematic fingerprinting, in full respect of fundamental rights, backed up by
practical cooperation and exchange of best practices. The Commission will also
explore how more biometric identifiers can be used through the Eurodac system
(such as using facial recognition techniques through digital photos).
When the Dublin system was designed,
Europe was at a different stage of cooperation in the field of asylum. The
inflows it was facing were of a different nature and scale. When the Commission
undertakes its evaluation of the Dublin
system in 2016, it will also be able to draw on the experience from the relocation and resettlement mechanisms. This will help to
determine whether a revision of the legal parameters of Dublin will be needed
to achieve a fairer distribution of asylum seekers in Europe.
|
Key Actions
|
·
Establishing a new monitoring and evaluation
system for the Common European Asylum System and guidance to improve
standards on reception conditions and asylum procedures.
·
Guidelines to fight against abuses of the asylum
system.
·
Measures to promote systematic identification and
fingerprinting.
·
More biometric identifiers passed through Eurodac.
·
Evaluation of the Dublin Regulation in 2016.
|
II.4 A new
policy on legal migration
The EU faces a
series of long-term economic challenges. Its population is ageing, but its
economy is increasingly dependent on highly-skilled jobs. Changes in the skills
needed in the EU between 2012 and 2025 is expected to show a sharp increase in
the share of jobs employing higher-educated labour (by
23%).[22]
So Europe is competing with other economies to attract workers with the skills
it needs: shortages have already
been seen in key sectors such as science, technology and engineering. Europe
needs to build up its own skills base and equip people for inclusion in today's
labour market. The Commission will present a new Labour Mobility Package in
2015, but even with a determined effort over the medium and long term we are
unlikely to be able to fully match the needs: without migration, the EU's
working age population will decline by 17.5 million in the next decade.
Migration will increasingly be an important way to provide the EU economy with
the talent it will need for sustainable growth.
The case for
legal migration will always be difficult at a time of high unemployment and
social change. That is why it is important to have in place a clear and
rigorous common system, which reflects the EU interest, including by
maintaining Europe as an attractive destination for migrants. .[23]
Well managed regular migration and visa policy
Decisions on the
volume of admissions of third country nationals coming to seek work will remain
the exclusive competence of Member States. But there is a specific role for the
EU. Over the next seven years, European programmes such as Horizon 2020 and
Erasmus+ will attract talented individuals to the EU. The Directive on Students
and Researchers, now under negotiation by the co-legislators, aims to give
these groups new mobility and job-seeking opportunities. The swift adoption of
the legislation would allow these strategically important groups to see the EU
as a welcoming environment for their work.
The next step should be an attractive EU-wide scheme for highly qualified
third-country nationals. The Blue Card Directive already provides such a
scheme, but in its first two years, only 16,000 Blue Cards were issued and
13,000 were issued by a single Member State. By the end of May, the Commission
will launch a public consultation on the Blue Card Directive. A review of the
Directive will look at how to make it more effective in attracting talent to
Europe. The review could include looking at issues of scope such as covering
entrepreneurs who are willing to invest in Europe, or improving the
possibilities for intra EU mobility for Blue Card holders.
Another sector
with important economic impact is services.
The services sector includes well-trained, highly-skilled foreign professionals
who need to travel to the EU for short periods in order to provide services to
businesses or governments. The Commission will assess possible ways to provide
legal certainty to these categories of people, also in order to strengthen the
EU’s position to demand reciprocities when negotiating Free Trade Agreements
(FTAs).
Member States'
role in these decisions calls for a more direct and open dialogue to build
common thinking and policy approaches and exchange best practice at European level.
The Commission will support Member States in promoting a permanent dialogue and
peer evaluation at European level on issues such as labour market gaps,
regularisation and integration – issues where decisions by one Member State
have an impact on others. The Commission will also establish a platform of
dialogue to include input from business,
the trade unions, and other social partners, to maximise the benefits of
migration for the European economy and the migrants themselves.
The EU needs the
tools to identify those economic sectors and occupations that face, or will
face, recruitment difficulties or skill
gaps. Existing tools already provide some information, but a more complete
picture is needed.[24]
Existing web portals, such as the EU Migration portal and Europe’s Job Mobility
Portal (EURES) can also play an important role in facilitating job matching for
third country nationals already in the EU. In matching migrants' skills, a
particular problem is the lack of recognition of qualifications acquired by
migrants in their home country. The EU can help to improve understanding of
qualifications gained outside the EU.[25]
The efforts to
develop our new legal migration policy mirror the modernisation of our visa policy.[26]
In 2014, the Commission tabled a revision of the Visa Code and proposed the
establishment of a new type of visa: the Touring Visa.[27]
The adoption of these proposals will provide the EU with more flexible visa
policy tools, aiming to maximise the positive economic impact of attracting
more tourists, and visitors on personal or professional grounds while
minimising the risks of irregular migration and security. The Commission will
also conclude by the end of 2015 its current review of which nationalities require visas and may propose to lift
visa requirements for some nationalities, on a reciprocal basis, or to
re-impose visa requirements for others. This will take into account the ongoing
political dialogues with key countries on migration and mobility matters.
Effective integration
Our migration
policy will succeed if underpinned by effective integration policies. Although
the competence lies primarily with Member States, the European Union can
support actions by national governments, local authorities and civil society
engaged in the complex and long term process of fostering integration and
mutual trust.
Funding is
provided by the Asylum Migration and Integration Fund (AMIF). But the European
Social Fund (ESF) can also be of particular importance.[28]
For the new programming period (2014-20), at least 20% of ESF resources will
contribute to social inclusion, which includes measures for the integration of migrants with a
particular focus on those seeking asylum and refugees.[29]
The funds can support targeted initiatives to improve language and professional
skills, promote access to the labour market, foster inter-cultural exchanges
and promote awareness campaigns targeting both host communities and
migrants.
Maximising the development benefits for countries of
origin
The EU's legal
migration policy should also support the development of countries of origin.
The United Nations will shortly adopt the Sustainable
Development Goals (SDGs), and migration-related
targets should be included, alongside targets in areas such as promoting decent
work, youth employment, wage and social protection policies which can help
countries of origin to create better economic opportunities at home. This would
complement the work of the EU's Mobility
Partnerships[30] and our efforts to mainstream
migration issues into key development sectors.
The Commission
will also make available at least €30 million to support partners with capacity
building on effective management of
labour migration, focusing on empowering migrant workers and tackling
exploitation. To mirror the success of Europe in establishing a single market
underpinned by labour mobility, the EU has also launched a €24 million
initiative to support free movement in the Economic Community of West African
States. Regional labour mobility schemes encouraging South-South mobility can bring an important contribution to local
development. The Commission will also promote ethical recruitment in sectors
suffering from a lack of qualified workers in countries of origin by supporting
international initiatives in this field.
One way in which
the EU can help to ensure that countries of origin benefit from migration is
through facilitating cheaper, faster and
safer remittance transfers. Adoption of the "EU Payment Services
Directive II" would help to strengthen the regulatory environment for
remittances, and at least €15
million will be made available through the Development Cooperation Instrument
to support flagship initiatives in developing countries.
|
Key Actions
|
·
Modernisation and
overhaul of the Blue Card scheme.
·
A platform for dialogue with social partners on
economic migration.
·
Stronger action to link migration and development
policy.
·
Re-prioritising funding for integration policies
·
Cheaper, faster and safer remittance transfers.
|
IV. Moving
Beyond
This Agenda
primarily focuses on offering solutions that will allow Europe to move forward
in these areas in the short and medium term. But if we are to address these
issues in an effective and sustainable manner in the longer term, European
cooperation in the area of migration needs to go further.
The initiatives
contained in the Agenda will be critical in determining the future. The
Commission will launch parallel reflections on a number of areas:
1.
The completion
of the Common European Asylum System: The EU Treaty looks forward to a
uniform asylum status valid throughout the Union. The Commission will launch a broad debate on the next steps in
the development of the Common European Asylum System, including issues like a
common Asylum Code and the mutual recognition of asylum decisions.[31]
A longer term reflection towards establishing a single asylum decision process
will also be part of the debate, aiming to guarantee equal treatment of asylum
seekers throughout Europe.
2.
A shared
management of the European border: The scaling up of action in the
Mediterranean exposes the reality of the management of external borders
increasingly being a shared responsibility. As well as a European System of
Border Guards, [32] this
would cover a new approach to coastguard functions in the EU, looking at
initiatives such as asset sharing, joint exercises and dual use of resources as
well as a the possibility of moving towards a European Coastguard.
3.
A new model of
legal migration:
The Treaty reserves the final decision on the admission of economic migrants
for Member States. However, the EU needs to look at how to marry this
limitation with the collective needs of the EU economy. In particular, the Commission
will look at the possibility of developing, with the Member States, an
"expression of interest system". This would use verifiable criteria
to automatically make an initial selection of potential migrants, with employers
invited to identify priority applicants from the pool of candidates, and
migration taking place after the migrant is offered a job. This would allow for
the creation of an "EU-wide pool" of qualified migrants, accessible
to both employers and Member States' authorities – but with the actual
selection and the admission procedure remaining national, based on Member
States' actual labour market needs.
Annex
[1] Ref. This part
of The European Agenda on Migration incorporates and further develops the
initiatives included in the framework of the Roadmap to follow up to the
Statement of the European Council of 23 April.
[2] Ref
[3] This support is
in addition to the substantial assistance available to these Member States from
Home Affairs funds of which Italy is the major beneficiary in absolute terms
and Malta in per capita terms.
[4] The European
Maritime Security Agency, the European Fisheries Control Agency and Eurojust
could also contribute to this work.
[5] Ref the source of the UNHCR 20,000 target
[6] To this end
Member States can use funds available under the Asylum Migration and
Integration Fund. Countries particularly affected by an influx of migrants and
asylum seekers may also request assistance as appropriate from the EU civil
protection mechanism.
[7] Established
opt-outs under the Treaty would continue to apply.
[9] These efforts
will also be pursued under the European
Agenda for Security and the Maritime Security Strategy. Migrants
smuggling and trafficking are two diverse yet interlinked criminal activities
perpetrated by criminal networks. The difference between the two is that in the
former, migrants willingly engage in the irregular migration process by paying
for the services of a smuggler in order to cross an international border, while
in the latter they are the victims, coerced into severe exploitation which may
or may not be linked to the crossing of a border. In reality, the two phenomena
are not easy to disentangle as persons who start their journeys in a voluntary
manner are also vulnerable to networks of labour or sexual exploitation.
[10] In 2002, the EU
adopted rules to crack down on migrant smuggling: Directive 2002/90/EC
establishing a common definition of the offense of facilitation of unauthorised
entry, transit and residence, and Framework Decision 2002/946/JHA.
[11] Directive
2009/52/EC of the European Parliament and of the Council of 18 June 2009
providing for minimum standards on sanctions and measures against employers of
illegally staying third-country nationals , OJ L 168, 30.6.2009, p. 24–32
[12] A specific
obligation exists in the Cotonou Agreement with the ACP countries. In
accordance with Article 13 of the Cotonou Agreement, each Member State of the
European Union shall accept the return of and readmission of any of its
nationals who are illegally present on the territory of an ACP State, at that
state’s request, without further formalities; and each of the ACP States shall
accept the return of and readmission of any of its nationals who are illegally
present on the territory of a Member State of the European Union, at that
Member State’s request and without further formalities.
[13] Council
conclusions on EU Return Policy adopted at the Justice and Home Affairs Council
meeting of 5 and 6 June 2014
[14] A readmission
agreement facilitates the return of third-country nationals. Contracting
parties will readmit to their territory without any formality persons with the
nationality of that country who is residing without authorisation in the other
country or who have crossed its frontier illegally.
[15] Non-refoulement
is a principle of international law by which no expulsion measure will be
carried out as long as no decision has been taken on the asylum application.
[16] Regulation
1052/2013 of 22 October 2013 establishing the European Border Surveillance
System (EUROSUR): an information-exchange system designed to improve management
of the EU external borders. Eurosur enables near real-time sharing of
border-related data between members of the network, consisting of Schengen
countries and Frontex.
[17] Coordinated by
Frontex with input from EASO, Europol, the EU Satellite Centre and the European
Maritime Safety Agency.
[18] In order to look
at the specific vulnerabilities of children, not only those having a migrant's
background, the Commission will develop a comprehensive strategy to follow up
on the Action Plan on Unaccompanied Minors (2011-2014)
[19] EASO Training Curriculum, a common vocational training
system designed for asylum officials and other target groups such as managers
and legal officers throughout the EU.
[20] This allows the
EU to take preventive action in partnership with the countries of origin,
developing targeted information campaigns and reinforcing cooperation in border
management and the fight against smugglers.
[21] Regulation (EU)
No 604/2013 of 26 June 2013 establishing the criteria and mechanisms for
determining the Member State responsible for examining an application for
international protection lodged in one of the Member States by a third-country
national or a stateless person. The criteria for establishing responsibility
run, in hierarchical order, from family considerations, to recent possession of
visa or residence permit in a Member State, to whether the applicant has
entered EU irregularly, or regularly.
[22] Descy, Pascaline
(2014), “Projected labour market imbalances in Europe: Policy challenges in
meeting the Europe 2020 employment targets”, in OECD/European Union, Matching
Economic Migration with Labour Market Needs, OECD Publishing. http://dx.doi.org/10.1787/9789264216501-12-en
[23] The Commission
will also undertake an evaluation and assessment (fitness check) of the
existing acquis on legal migration with a view to identifying gaps and
inconsistencies and consider possible ways of simplifying and streamlining the
current EU framework in order to contribute to a better management of legal
migration flows.
[24] Such as the
Skills Panorama and the Skills Alliances
[25] For example
through the European Qualification Framework and in the context of the upcoming
revision of the EUROPASS system.
[26] The common visa policy sets out the rules for the issuing
(Schengen) short stay visas to third country nationals travelling for the
purpose of e.g. tourism, business, private visits family/friends, cultural and
sport events. In 2014, the Schengen States issued were approximately 15.8
million which represents an increase of approx. 60% compared to 2009.
[27] It is a new type
of visa both for visa-exempt and visa requiring third-country nationals with a
legitimate interest in travelling around the Schengen area for more than 90
days in any 180-day period.
[28] The
implementation of these measures will be assessed by the end of 2015to see whether Member States have met their
objectives and whether any reprogramming of ESF resources is required..
[29] Member States
can use these and other funds to support targeted initiatives to improve
language and professional skills, promote access to the labour market, enhance
inclusive education and youth participation, foster inter cultural
understanding, and addressing discrimination, racism and xenophobia.
[30] The Commission
Communication: "The Global Approach to Migration and Mobility"
(COM/2011/743 final). These are the most elaborated
bilateral cooperation frameworks in the field of migration. They offer a
political framework for comprehensive, enhanced and tailor-made dialogue and
cooperation with partner countries, including a set of targets and commitments
as well as a package of specific support measures offered by the EU and
interested Member States. They include the negotiation of visa facilitation and
readmission agreements.
[31] Mutual
recognition of positive asylum decisions means the recognition by a Member
State of the positive asylum decisions taken by another Member State.
[32] Study on the feasibility of the creation of a European
System of. Border Guards (http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/border-crossing/docs/20141016_home_esbg_frp_001_esbg_final_report_3_00_en.pdf) + ongoing study
on the future of frontex
Thank you for posting this - however, a key component, the Annex, with the distribution key, set to become a key discussion point, is missing...
ReplyDeleteThe little bird that leaked it did not have a copy of the Annex.
Delete