# EUR-Lex - 52013DC0422 - EN

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# 52013DC0422

**COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL 4th Annual Report on Immigration and Asylum (2012) /* COM/2013/0422 final */**

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COMMUNICATION FROM THE COMMISSION TO
THE EUROPEAN PARLIAMENT AND THE COUNCIL

4th Annual Report on Immigration and
Asylum (2012)

I.            Introduction

The year 2012
saw a nearly 10% increase in the number of asylum applications due partly to
the conflict in Syria necessitating both humanitarian[1] and protection responses from
the EU. This illustrates the importance of finally completing the Common
European Asylum System, in order to have a uniform protection status across the
EU.

The economic crisis continued to focus the
minds of Europe's leaders on ensuring recovery and growth. Although unemployment remained very high, many Member States faced labour and
skills shortages in certain sectors. The share of the EU
working-age population (15-64 year old age group) from the total EU population
already reached its peak in 2006 according to Eurostat data. The old-age dependency ratio reached
26.8% in 2012[2]
and it is projected to increase sharply up to 52.6% by 2060[3]. Against that background,
well-managed migration can play a positive role in boosting growth and addressing
labour market shortages.

In 2012 key
initiatives were proposed negotiated and completed, reflecting the dynamism of policy-making
on migration and asylum and the growing need for a coherent EU response. Negotiations
continued to establish funding mechanisms beyond 2013 through the Asylum and Migration Fund Regulation[4]
and on the proposals for the recast of the EURODAC
Regulation[5],
as well as on Directives on Asylum Procedures[6],
Seasonal workers[7]
and Intra-corporate transferees[8].

Another
important development was the start of operations of the EU Agency for the
management of large-scale IT systems in the area of freedom, security and
justice,[9]
notably for the Second Generation Schengen Information System (SIS II), the
Visa Information System (VIS) and EURODAC. The Global Approach to Migration and
Mobility (GAMM)[10]
furthermore continued to serve as the overarching framework of the EU's
external migration and asylum policy. The role of the
common visa policy to spur growth in the EU has also been in focus in 2012.

This report is
principally based on the Commission's political assessments and is complemented
by a factual staff working document[11]
with an annex providing statistical details on developments at both EU and Member State levels, collected by the European Migration Network (EMN)[12]. A report on the development
of the Immigration Liaison Officers network[13]
is also included in the staff working document.

II.          A
Snapshot of EU Migration in 2012[14]

According to Eurostat data, on 1 January
2012, the EU's total population was 503.7 million, an increase of 1.3 million
from 2011 which is equivalent to an annual rate of +2.6 per 1000 inhabitants
made up of a natural increase of 0.4 million (+0.8‰) and net migration plus
statistical adjustment of 0.9 million (+1.8‰)[15].
The 20.7 million third-country nationals living in the EU amounted to some 4.1%
of the total EU population, exceeding the number of EU citizens who live in
another Member State (13.6 million or 2.7% of the total EU population).[16] First residence permits issued
to third-country nationals, amounted to almost 2.5 million in 2011[17]; the number of permits issued
for family reasons representing 30% of the total, against 26% for remunerated
activities, 21% for study and 23% for various other reasons (e.g. protection-related,
residence without the right to work). Most residence permits were in 2011 issued
to nationals of Ukraine (around 204 000), the USA (around 189 000), India (around 179 000), China (around 153 000) and Morocco (around 120 000).

While the total number of asylum
applications remained well below the peak of 425 000 in 2001, there was an
increase of 9.7 % compared to 2011 in the total number of asylum applicants in
2012, amounting to just over 330 000, primarily resulting from an increased
influx of asylum seekers from Syria (totalling some 23 510 in 2012 or 7 %,
compared to 7 885[18]
in 2011). Other important countries for asylum seekers were Afghanistan (8% of total number of applicants), the Russian Federation (7%), Pakistan (6%) and Serbia (6%). Some Member States experienced an increase in unfounded applications
from citizens of Serbia, the former Yugoslav Republic of Macedonia, and to some
extent Bosnia and Herzegovina following visa liberalisation.

In terms of protection granted in 2012, a
total of 71 580 asylum applicants received protection at first instance
(refugee (37 245), subsidiary protection (27 920) or humanitarian (6 415)),
around 27% of all decisions taken[19].

2012 witnessed
a slight increase of unaccompanied minors applying for international protection
in the EU, from 12 350 in 2011 to more than 12 610 in 2012[20], with Germany, Sweden, Belgium
and Austria receiving nearly 70% of the total number of applicants. These
unaccompanied minors come mainly from Afghanistan (5 350), Somalia (850), Guinea (430) and Pakistan (415).

Although statistics on irregular migrants continue
to be incomplete or are by the very nature of the phenomena they intend to
capture, affected by reliability weaknesses, irregular migration continues to
be a major component of migration to the EU. Indicators such as refusals,
apprehensions and returns may be used, although also subject to many caveats.

In 2012,[21]
some 316 060 persons were refused entry to the EU, a decrease of 8% from 2011,
with the vast majority (63%) being refused in Spain, notably at the external
land borders. Also in 2012, some 427 195[22] persons were apprehended (a
decrease from 2011 when it was 468 840) and in 2012 Member
States returned around 186 630 third-country nationals[23] (around 4% less than in 2011).
Quarterly Reports from Frontex[24]
have also served to inform policymakers, in a timely manner, of the situation
at the EU's external borders.

For the reference period 2008-2010 the profile
of victims of trafficking in human beings by gender and age was 68% women, 17%
men, 12% girls and 3% boys. The majority of the identified and presumed victims
are trafficked for sexual exploitation (62%). Trafficking for forced labour
(25%) comes second and trafficking in other forms such as trafficking for the
removal of organs, for criminal activities or for selling of children follow
with smaller percentages (14%).[25] Data provided by the EMN from some
Member States show that in 2012, 736 third country nationals[26] received residence permits as
victims of human trafficking in 2012, and preliminary data from some Member
States show that that 4 351 traffickers[27]
were arrested and 627 traffickers[28]
were convicted.

III.         Migration
as a Tool for Growth

The EU population of working-age (15-64
years) amounted to 335.4 million in 2012 and is projected to drop over the next
50 years to 290.6 million in 2060, according to the latest Eurostat projections[29]. With an ageing population,
and on the assumption that migration continues on average as before, the
old-age dependency ratio will rise from 26.8% in 2012 to 52.6% in 2060. With
less inward migration that ratio would be even higher[30]. The EU is already seeing the
effects of an ageing population on productivity, competitiveness and growth. Well-managed
migration may not be the panacea to this common challenge, but can play a
positive role. Political discussions are taking place during informal Justice
and Home Affairs (JHA) Councils, as well as in the European Parliament on how
migration can be more effectively managed to contribute to economic growth [31].

III.1.      Strategies to address
existing labour market shortages

There are
several complementary strategies for alleviating shortages in certain sectors
of the labour market. These include further developing job-matching instruments[32], extending the working age, raising
participation rates, improving the skills of the existing labour force, finding
jobs for those currently unemployed and increased mobility of workers within
the EU[33].
As part of this coherent strategy, making better use of the skills of
third-country nationals already present in the EU[34] requires increased attention,
as would well managed economic migration, in partnership with third countries[35]. The "Employment Package"[36], which provides a medium-term
agenda for EU and Member States action to support a job-rich recovery and to
attain Europe's 2020 goals for smart, sustainable and inclusive jobs and
growth, acknowledges that economic migration will be a key consideration for
the EU's labour market in the longer term. This is in line with the Employment
Guidelines which call on the EU Member States to ensure access and
opportunities for all throughout their lifecycle, thus reducing poverty and
social exclusion through removing barriers to labour market participation for
people furthest from the labour market, including legal migrants[37].

For the 2012
European Semester, three Member States started implementing country specific
recommendations (BE, DK, NL) for the integration of migrants on the labour
market. For the 2013 European Semester, the Commission also launched an
initiative on skills development and to make education and training more
relevant to labour market needs[38],
which is also relevant for the integration of third country nationals.

There were several initiatives in 2012 that
looked at the contribution of migrants to economic growth[39]. The socio-economic
contribution of migrants is well-documented and evidence suggests that migrants
can be complementary to EU workers rather than replacements and that they have
contributed to greater labour market flexibility and to innovation[40].

The potential
of migrant entrepreneurs[41]
and investors has gained more recognition. In its Entrepreneurship
2020 Action Plan[42],
the Commission proposed looking at initiatives to attract migrant
entrepreneurs and to facilitate entrepreneurship among migrants already present
or arriving, and to analyse the possibility of proposing legislation to remove
legal obstacles for the establishment of businesses and giving qualified
migrant entrepreneurs a stable permit.

Practical
examples can already be given of where shortages exist[43], despite the crisis and the
overall depressed labour demand. Severe skills shortages have been identified
in the field of Information Technology (IT) with the demand for IT
practitioners predicted to grow by around 3% a year and with labour demand
outstripping the supply[44].
Shortages in the health and engineering sectors are now also evident.[45] EU's migration policy should
provide facilitation for companies to recruit the right people, who may otherwise
decide to move operations away from the EU, with further negative consequences
for the EU economy[46].

III.2.      Attracting and keeping
talent

The EU increasingly has to compete with,
for example Canada, the US and Switzerland, to attract talent[47]. Europe must remain an
attractive destination[48]
while, at the same time, ensuring security and preventing abuses. A dialogue
with the rest of the world, in the context of the Global Approach to Migration
and Mobility (GAMM), can serve to facilitate migration as part of a holistic
approach to all facets of migration management[49].

EU migration legislation contributes
towards attracting certain categories of migrants. One example is the 2009 EU
Blue Card Directive[50],
which enables the entry and residence of third-country nationals taking up
highly qualified employment. The evaluation of the transposition of this
Directive by Member States is on-going, and will help to assess how far the EU
Blue Card Directive has attained its objective. The first statistics on its
implementation should be are available in 2013, and the Commission will publish
a report by mid-2014. The Commission received the notifications from some
Member States concerning the transposition of the Single Permit Directive[51], and encourages other Member
States to meet the transposition deadline set for the end of 2013. Further
efforts are needed by co-legislators in order to agree the Intra-Corporate
Transferees[52]
and the Seasonal Workers[53]
Directives, on which negotiations made progress in 2012.

The EU
Immigration Portal[54]
is an important tool for better informing potential migrants about their
options and conditions for legal migration. On average the webpage received around
7 000 visitors per month in the final quarter of 2012. The portal is currently available
in French and English and new language versions are being developed[55].

To make the EU a more attractive
destination for the most talented students and researchers and to stimulate
research, development and innovative performance, the Commission adopted a
proposal for a recast of the legislation on the rules for the conditions of
entry, residence and rights of third-country national researchers, students and
other groups[56].
This proposal addresses several weaknesses by introducing clearer admission
conditions and procedural guarantees, increasing coherence with EU mobility
programmes, such as Erasmus Mundus and Marie Curie Fellowships. It proposes to
gives students more opportunities to seek work during and after their studies. It
also aims to provide better protection and to address certain rights of equal
treatment with nationals.

A Commission
proposal for a Regulation establishing the European Voluntary Humanitarian Aid
Corps[57]
envisages the possibility for third-country nationals with long-term resident
permits to be eligible to apply for service as EU Aid Volunteer.

The Court of Justice of the EU (CJEU) gave
two judgements[58]
on the interpretation of the Long-Term Residents Directive[59]. One of these addresses the
issue of rights to equal treatment in relation to housing benefits granted to
third-country nationals covered by the Directive. The Court also upheld that a
Member State cannot impose excessive and disproportionate fees for granting of
residence permits for third-country nationals.

III.3.      Smarter
visa and border controls to contribute to growth

Facilitating border crossing of third
country nationals to enter the EU is another way to make the EU a more
attractive destination. On 28 February 2013, the Commission
adopted the "smart border package", consisting of proposals for an
"Entry-Exit System"[60],
a "Registered Traveller Programme"[61]
and subsequent amendments of the Schengen Borders Code, to speed-up, facilitate and reinforce border check procedures for
foreigners travelling to the EU.

With the number of Schengen visas issued
worldwide rising again in 2012 to 14.2 million, compared to 12.7 million in
2011, it is clear that the implementation of the Visa Code[62] is delivering results.

In 2012, the Commission outlined[63] how a smarter visa policy
could contribute to the growth objectives of Europe 2020 by facilitating travel
opportunities, especially for tourists. A report on the implementation of the
Visa Code will furthermore be accompanied by a proposal for amendments to
ensure that EU visa policy fosters economic growth and cultural exchanges by
facilitating travel of legitimate travellers, such as businessmen, tourists,
students and young people, while continuing to ensure a high level of security
for the EU. This will be subject to an impact assessment. Roll-out of the Visa
Information System (VIS) continued in 2012 to include two additional regions
(the Near East and the Gulf region). More visa applications are thus now
subject to VIS procedures, enabling them to be processed faster and tackling
identity theft more effectively.[64]
The Commission is currently conducting a fingerprint recognition study of children
below the age of 12 years, to scientifically identify if there is an age limit
for collecting fingerprint.

III.4.      Enabling integration in our
societies

The EU must ensure that effective measures
are in place to promote integration, with the participation of both migrants
and the societies in which they live.[65] Access
to education, social and health services is important for integration. In 2012
Member States started the process of implementing the 2011 Single Permit
Directives which gives third-country nationals covered by that Directive the
right to equal treatment compared to EU nationals, for instance as regards
working conditions and pay, education and vocational training and social
security.

Beyond their contribution to the EU economy
and innovation, the positive role of migrants themselves needs be respected. The
EU's rich cultural and societal diversity as well as tolerance needs to
continue to serves as a positive example. However, it
is alarming that there have been an increasing number of incidents of
xenophobic violence against migrants across the EU. With well-managed migration
and integration policies, the EU can actively contribute to counter xenophobic attitudes
by, for example, supporting dialogue and increasing understanding and trust
between different communities.

The situation
of third-country nationals compared to the EU’s population as a whole shows
that more could be done to ensure that migrants already resident in the EU are well
integrated, and can develop their full potential in an environment where their
fundamental rights are fully respected and where they can contribute to our societies'
prosperity.

According to
the report on Employment and Social Developments in
Europe 2012[66],
unemployment rates are higher for third-country nationals (21.3 % compared to
the EU average (10.5%). Third-country nationals were also found to be more likely
to be over-qualified relative to national counterparts and more at risk of falling
into poverty or social exclusion[67].
The risk of poverty and social exclusion of foreign-born people aged 25-54
exceeds on average that of others by more than 10 percentage points across the
EU as a whole. The gap in the risk of poverty after social transfer between
migrants and EU citizens is also significant, with 8 percentage points.
Further, children with a migrant background have a higher risk of leaving
school early[68].
Another study found that young people with an immigration background are
significantly more likely to become "not in employment, education or
training" (NEET) compared to their contemporaries[69]. Recognising this challenge,
the Council adopted Conclusions in November 2012
identifying the priorities needed to address the participation and
social inclusion of young people with emphasis on those with a migrant
background[70].

The Social
Investment Package provides the EU Member States with guidance and support in their
efforts to remove barriers to the participation of underrepresented workers,
including migrants, in the labour market, and urges them to take action to address
workplace discrimination, improve the schemes for recognition of skills and
qualification, and facilitate migrants' access to education (especially higher
education), employment services (including information on job vacancies),
financial services, social security benefits and social assistance[71].

Family
reunification plays a part in facilitating and promoting integration. Following a public consultation of stakeholders after the 2011 Green
Paper on Family Reunification[72], the Commission is preparing guidelines to ensure the efficient,
transparent and clear implementation of family reunification rules at EU level.
These guidelines, due by the end of 2013, will address the need to balance the
fundamental right to family life with a need to ensure that this right is
genuinely and coherently applied according to the rules of the Directive[73].

III.5.      External perspective

Migration is becoming an increasingly salient issue on the
global agenda. Within the framework of the GAMM, which provides the overarching
framework for the EU external migration policy, the EU has taken a series of
initiatives both at regional and global level. Facilitating migration and
mobility should contribute to economic growth and the competitiveness of the EU.
The important links between
migration and development issues are also clearly recognised in the EU's
development policy framework, the "Agenda for Change".

In addition to existing Mobility
Partnerships, negotiations with Morocco and Tunisia on new Mobility
Partnerships took place in 2012, including facilitation of mobility and better
managed legal migration[74].
The EU has also initiated exploratory talks with Azerbaijan. A structured
dialogue on migration, mobility and security has been launched with Jordan,
possibly leading to a Mobility Partnership. Similar dialogues will follow with
other countries in the Southern Mediterranean region, when the political
situation allows this. Another framework of cooperation, the "Common
Agendas for Migration and Mobility" is being considered with priority
countries beyond the EU neighbourhood, such as India.

The EU also engaged in a number of regional
and sub-regional dialogue and cooperation processes in 2012, covering all
mutually relevant issues and themes in the area of migration and mobility. In line
with the Council Conclusions of 29 May 2012,[75]
priority has been given to the Africa-EU Partnership on Migration, Mobility and
Employment and the Rabat Process[76]
in the South, to the Prague Process[77]
and to the Eastern Partnership panel on Migration and Asylum in the East, as
well as to the EU-LAC Migration Dialogue and the dialogue with the countries
along the Silk Route within the framework of the Budapest Process[78].

Countries of
origin also benefit from well-managed legal channels for entering the EU, and
the importance of this should not be underestimated. Remittances are still a
significant source of private income for many families in third countries and
in 2011 they amounted to EUR 28.5 billion, a 3% increase from 2010[79]. The Commission and Member
States have undertaken a number of remittance related initiatives over recent
years and improvements have been made, more work remains to be done[80]. Diaspora groups also
contribute to the development of their countries of origin in many other ways,
including by transferring skills and promoting investments.

At global level the EU is actively involved in the
preparations of the forthcoming second UN High-level Dialogue on International Migration
and Development, to be held during the sixty-eighth United Nations General
Assembly session on 3-4 October 2013, in order to contribute effectively to the
achievement of a successful meeting. In its
Communication “Maximising the
Development Impact of Migration – The EU contribution for the UN High-Level
Dialogue and next steps towards broadening the development-migration nexus”[81], the links between migration and development
are further addressed and the EUs
common position is defined with key messages for enhanced global cooperation.

IV.         Rising
to the Challenges in International Protection

IV.1.      Completing the Common
European Asylum System (CEAS)

Europe
remains an important destination for those with a genuine need to seek protection.
In order to have a uniform protection status across the EU, the European
Parliament, the Council and the Commission worked intensively throughout 2012
to complete the necessary package of instruments for the second phase of the
CEAS. After the adoption of the revised Qualification Directive[82] in 2011, political agreement
was reached in 2012 on the recasts of the Dublin Regulation[83] and the Reception Conditions
Directive[84].
The changes to the Reception Conditions Directive are particularly significant,
as they introduce, for the first time, detailed rules concerning asylum-related
detention, including an exhaustive list of restrictive grounds for such
detention, and strict requirements on detention conditions. The changes to the
Dublin Regulation will enhance both its efficiency and its protective aspects,
particularly as regards the right to appeal against transfer decisions and the
maintenance of family unity. Political agreement was reached in March 2013 on the
final two pieces of legislation forming the CEAS, the recast of two
instruments, the Asylum Procedures Directive[85] and
the EURODAC Regulation, on a biometric database for the comparison of
fingerprints[86]. The revised Asylum Procedures Directive will lead to fairer,
quicker and better quality asylum decisions, and the special needs of
vulnerable people will be better taken into account and in particular there
will be greater protection of unaccompanied minors and victims of torture. The
revised EURODAC Regulation will furthermore allow law enforcement access to the
EU database of the fingerprints of asylum seekers under strictly limited
circumstances in order to prevent, detect or investigate the most serious
crimes, such as murder, and terrorism.

Once these CEAS
measures are effectively implemented, the EU will have a comprehensive asylum
system in place, providing common procedures and a uniform status for those
granted asylum or subsidiary protection across the EU with sufficient safeguards
in place to tackle misuse. These measures are also aimed at ensuring that the
fundamental rights of asylum seekers are protected, in particular the principle
of non-refoulement and the right to an effective remedy before the
courts.

IV.2.      Promoting Practical
Cooperation and Intra-EU Solidarity

There was
intense debate on intra-EU solidarity on asylum at EU level with strategic
documents adopted by the European Parliament[87]
and the Council[88]
and Opinions by both the Committee of the Regions[89] and the European Economic and
Social Committee[90].
There was support for the broad lines of the Commission’s strategy set out in
the Communication on Intra-EU Solidarity in the field of asylum[91]. The strategy is based on furthering mutual trust and the parallel
development of a variety of tools which can respond to the different needs and
situations of Member States. These tools and frameworks can succeed in practice
only with the full engagement of Member States’ authorities together with the European Asylum Support Office (EASO).

Member States' engagement in solidarity
measures faced a particular test on three occasions during 2012, namely in
relation to the Greek National Action Plan on Asylum and Migration[92], the conflict in Syria and the
relocation of beneficiaries of international protection within the EU, notably
via the EUREMA II project. All three demonstrated the need to develop further the
implementation in practice of the solidarity commitments made.

Implementation
was the topic of an expert meeting on intra-EU solidarity held early in 2013.
The meeting confirmed that there is still scope for closer practical
cooperation between national authorities. For example, it showed that despite
the widely recognised high quality of the European Asylum Curriculum, only a
handful of Member States use it extensively. At the same time, several Member
States' experts expressed readiness for more EU-level scrutiny of national
asylum procedures in the context of furthering mutual trust through a coherent
transposition of new asylum laws. As regards crisis prevention and management,
the meeting identified key challenges such as coordination responsibilities for
solidarity actions at EU level, and contingency planning in asylum crisis
situations.

IV.2.1.   A fully functioning European
Asylum Support Office (EASO)

The European
Asylum Support Office[93]
plays a key role in implementing the CEAS, notably through enhancing practical
cooperation and co-ordinating operational support among Member States[94]. EASO gained full financial
independence in September 2012 and the main practical asylum cooperation
measures, previously managed by the Commission, were transferred to the Agency in
2012. While continuing to support the implementation of the EU Action Plan on
Migration and Asylum in Greece, a second deployment of
EASO Asylum Support Teams took place, this time in Luxembourg and provided help
in training newly recruited staff. EASO increasingly acts as an information
provider, with the goal of taking preventive actions and addressing specific concerns
before they develop into crises. The Agency is dependent on Member States'
resources to perform its duties, and Member States are also urged to increase
their support and contribution to other EASO-led projects, such as the European
Asylum Curriculum and the Country of Origin activities.

The partnership
between the European Commission and EASO will be further strengthened in 2013,
when the agency will become a crucial partner in the implementation of the new
legislation. There will be a first evaluation of EASO
in 2013, in line with the Communication on Intra-EU Solidarity[95]. The Commission will also work
with EASO to fully adopt the measures envisaged in the Joint Statement on
Decentralised EU Agencies[96].

IV.2.2.   Asylum Support to Greece

The Commission, along with EASO and other
stakeholders, took steps to support Greece in improving its asylum system. This
included missions on the ground, the provision of targeted funding and the
deployment of EASO Asylum Support Teams and experts on implementing EU funding.

Positive developments included a new independent asylum service, the setting up of measures for
addressing the backlog such as appeal committees and a special task force.
Funding, totalling some EUR 19.95M for the period 2011-2013, has been provided
to support these efforts via the European Refugee Fund, with some EUR 3.2M
allocated in 2013 alone[97].

Whilst clearly welcoming these
developments, the Commission considers that there are still gaps and further
work will be needed, particularly as regards the respect of human rights in
detention facilities, increasing access to the asylum procedure and increasing the
availability of open reception facilities. The Commission will continue to work
with the Greek authorities in order to prioritise and then facilitate the swift
implementation of the action plan. Continued support and solidarity from other
EU Member States is also necessary. The importance of continued vigilance in
this respect is borne out by the implications for the entire European asylum
system of the judgement of the Grand Chamber of the Court of Justice of the EU in
Joined Cases C-411/10 and C-493/10[98].

IV.2.3.   Protection for those fleeing
from Syria

Migration as a
consequence of the conflict in Syria is an important challenge for the asylum
systems of some Member States. The vast majority of the almost 600 000 Syrians
who fled their country during 2012 went to Jordan, Turkey, Lebanon and Iraq[99], with approximately 23 770[100] requesting asylum in the EU.
Of those, most applied in Germany and Sweden (approximately 33% of total each),
with other Member States only marginally affected. Though these numbers were
not high enough to destabilise the asylum systems, especially since the
assessment of claims could be made rapidly especially in Germany, it became
clear that there was nevertheless a need for greater preparedness given the
unpredictable developments.

Starting in
August 2012, the Commission set up a network with the relevant Agencies (EASO,
Frontex, Europol) for regular information exchanges in order to coordinate
action. This mechanism of coordination between the European Commission and EU
Agencies is a blueprint to ensure a better overall monitoring of the situation
at the EU's external borders and of its asylum systems. This will facilitate the
activation of support instruments in a timely manner, including via the early
warning mechanism envisaged in Article 33 of the revised Dublin Regulation.

IV.2.4.   Relocation within the EU

Relocation of
beneficiaries of international protection continues to be one of the most
tangible acts of solidarity available to Member States wishing to relieve
pressures on other Member States' asylum systems. It also remains one of the
most controversial. While the EUREMA II project[101], which started in 2012, has
been extended until the end of 2013, there continues to be difficulties in
relocating beneficiaries from Malta to certain participating Member States.
According to EASO and to information supplied to the Commission by UNHCR, IOM
and the Maltese Government, the reasons for this vary from the sometimes
restrictive criteria applied by Member States for selecting beneficiaries for
relocation, to perceptions by beneficiaries that family reunification and
integration prospects in the Member State offering to relocate them could cause
them difficulties.

IV.3. EU's external asylum dimension – Regional
Protection Programmes and Resettlement

Solidarity
should not stop at the EU's borders, and third countries should likewise
benefit from EU support in international protection. Within the framework of
the GAMM, the EU should increase cooperation with relevant non-EU countries in
order to assist in strengthening their protection systems and to ensure
compliance with international standards, as well as to show solidarity with the
refugees and other persons in need of protection throughout the world. Regional
Protection Programmes (RPPs) and resettlement are key instruments towards this
goal, in parallel with the EU's on-going cooperation with third countries at
both bilateral and multilateral level.

In addition to
work on existing RPPs[102],
and following a call from the Justice and Home Affairs Council[103], the Commission is responding
to the on-going conflict in Syria and the refugee situation in neighbouring
countries by setting up during 2014 a Regional Development and Protection
Programme in the Middle East, complementary to the immediate humanitarian assistance
already being provided.

The Commission is also providing financial support to the UNHCR to
support efforts enabling refugees in countries neighbouring Syria to be
properly registered and thus gain access to protection. The support includes
assisting the local authorities with the provision of transport from border
crossing points, providing the necessary equipment and supplies, as well as,
wherever necessary, providing training and familiarising non-governmental
organisations, officials, and other stakeholders with the basic principles of
international protection.

The
resettlement of refugees from outside the EU continues to be a key act of
solidarity between the EU and its Member States with third countries that are
hosting large refugee populations. The Commission's goal is to ensure that more
refugees are resettled each year by more Member States, while respecting the
voluntary nature of resettlement. In reaching agreement on the Joint EU
Resettlement Programme[104]
under the European Refugee Fund in March 2012, Member States agreed, for the
first time, on specific common EU resettlement priorities for 2013[105]. This gives a strong political
signal of unity and solidarity with the international community and refugees in
need of a sustainable solution and is an expression of the importance that the
EU and the Member States attach to directing the Union's resettlement efforts
towards protracted situations that need special attention and increased
efforts. The outlines of the Union Resettlement Programme from 2014 onwards are
under negotiation as part of the new Asylum and Migration Fund.

IV.4.      Unaccompanied Minors

Unaccompanied
minors, including also those who do not apply for asylum, form a vulnerable
group that continued to receive much attention in 2012. The mid-term report[106] on the implementation of the
Action Plan on Unaccompanied Minors (2010-2014) [107] highlighted the need to improve
data collection, prevent unsafe migration as well as trafficking in human
beings, to provide for reception and procedural guarantees in the EU and to find
sustainable solutions to address this persistent phenomenon effectively.
Integrating specific needs of (unaccompanied) minors and recognising their
vulnerable position in asylum situations adequately, remained one of the most
important points for the Commission during negotiations on the Common European
Asylum System instruments.

EASO launched a number of initiatives on
age assessment techniques and family tracing. The Commission also launched a
call for proposals for projects to analyse policies and identify best practices
for the reception, protection and integration of unaccompanied minors[108].

IV.5.      Eradicating Trafficking in
Human Beings and protecting victims of trafficking

Strong cooperation between the EU and its
Member States is needed to eradicate trafficking in human beings which is predominantly
a cross-border phenomenon. Victims from outside of the
European Union come mainly from Nigeria and China.

In 2012 there
were several significant and dynamic developments in the EU's legal and policy
framework for addressing trafficking in human beings. In June 2012, the
Commission launched the integrated EU Strategy towards the Eradication of
Trafficking in Human Beings 2012-2016[109],
putting victims at its heart and
complementing the implementation of EU legislation on trafficking[110]. The Office of the EU
Anti-Trafficking Coordinator, appointed in 2011, plays a key role in monitoring
the implementation. In October 2012, the European Council adopted Conclusions[111]
welcoming the strategy and reaffirming the political will and readiness of
Member States to act on their policy commitments. The
European Parliament, the European Economic and Social Committee and the
Committee of the Regions have also welcomed the Communication[112].

On the external dimension of trafficking in
human beings, the second (and final) report on the implementation of the
Action-Oriented Paper (AOP) on strengthening the EU external dimension on
action against trafficking in human beings[113]
acknowledged that the EU strategy should be used as the new guiding framework
for the external dimension. This envisages concerted efforts to improve
cooperation with third countries of origin, transit and destination. This is
also in line with the Council Conclusions on the Global Approach to Migration
and Mobility[114].
Trafficking in human beings is a topic in all migration and mobility dialogues
conducted between the EU and its partners both at regional and bilateral level,
as well as in Mobility Partnerships. The report included a specific list of
countries and regions for further strengthening and
streamlining such cooperation and partnership, which will
be reviewed and updated at regular intervals.

V.           EU's
Policy Response to Migratory Pressures

V.1.        A Coherent Approach to
Reduce Irregular Migration

Irregular migration continues to present
challenges to the EU and Member States who are all, albeit to varying degrees
and circumstances, affected, as are migrants themselves, often in dangerous and
inhumane conditions. The EU's clear aim is to prevent and control existing
pressures deriving of irregular migration, as well as the misuse of legal migration
routes. This is a pre-condition for a credible legal migration and mobility
policy.

On 23 April 2012, the Council adopted the 'EU
Action on Migratory Pressures – A Strategic Response'[115], highlighting six strategic
priority areas of action: (I) Strengthening cooperation with third countries of
transit and origin on migration management; (II) Enhanced border management at
the external borders; (III) Preventing illegal immigration via the
Greek-Turkish border; (IV) Better tackling of abuse of legal migration channels;
(V) Safeguarding and protecting free movement by prevention of abuse by third
country nationals and (VI) Enhancing migration management, including
cooperation on return practices.

The 'EU Action on Migratory Pressures – A
Strategic Response' provides a tool allowing the EU and its Member States to
address irregular migration, while ensuring respect for fundamental rights[116]. Implementing and following
up its elements entails close cooperation between the institutional actors
(Council, Member States, the Commission and relevant EU Agencies), each in
accordance with their respective competencies and institutional role[117]. The Commission staff working
document accompanying this report features a progress report on Member State
actions in these priority areas[118].
The strategic priorities need to be seen as part of the broader aspect of
managing migration flows, incorporating all facets ranging from dialogues with
third countries, as part of the GAMM framework, to solidarity actions with
Greece, down to actions undertaken by individual Members State within their
borders.

Those who employ irregularly staying third
country nationals have to be sanctioned. The Commission is currently assessing Member
States' transposition of the Employer Sanctions Directive[119]. On the basis of this evaluation,
the Commission will publish a report by mid-2014. Member States are requested
to submit the required annual reports on inspections, due in July each year.

V.1.1      Identifying and tackling
pressure points

Frontex plays a key role in analysing
irregular migration routes and co-ordinates actions to tackle particular
pressure points, such as the Greece-Turkey border at present. Pressure points may also build elsewhere, so it
remains important to monitor developments continuously. As part of the Greece National Action Plan on Asylum and Migration, positive
developments include improvements in the integrated management of external
borders, via electronic surveillance as well as the establishment of a national
coordination unit, plus an effective return policy, which will focus on
supporting voluntary returns and in cases where these are not possible, forced
returns.

V.1.2      Readmission agreements

The Commission continues to promote the implementation
of 13 existing EU Readmission Agreements[120]
taking into account the Council Conclusions of 9-10 June 2011 on the EU
strategy on readmission. It is also pursuing its efforts as negotiator of EU
readmission agreements. New Readmission Agreements were concluded with Cape
Verde in April 2012 and with Armenia in October 2012. An agreement was also
reached with Turkey in June 2012, which is now awaiting signature and ratification.
Negotiations with Azerbaijan have progressed at a steady pace. The Commission
is making efforts to strengthen guarantees of fundamental rights protection in
newly negotiated EU readmission agreements with third countries.

A set of Recommendations of the expert
meetings covering readmission inter alia , aiming to enhance the
implementation of the relevant provisions of Article 13 (Migration) of the Cotonou
agreement[121],
was endorsed at the ACP Ministerial Meeting in Vanuatu in June 2012.

V.1.3      Setting standards with a
common Return Policy

By the end of 2012, all States bound by the
Return Directive[122],
except Iceland, had notified full transposition to the Commission. The EU is
thus now very close to having common return standards, in full respect of
fundamental rights. The evaluation of the correct transposition of the Return
Directive into national legislation has been completed, and is currently being followed-up
by the Commission. A key 2012 judgment from the CJEU clarifies the extent to
which national law provisions criminalising irregular stay are compatible with
the Return Directive[123].
A Communication on return will be published by the end of 2013.

In 2012, 52.1% of all returns carried out
were voluntary returns or departures. Voluntary return or departure remains the
preferred option, although in some cases forced returns may be necessary.
Member States should continue to make full use of the possibilities offered by
the Voluntary Return European Network (VREN)[124],
as well as funding from the European Return Fund. The use of joint return
flights should be further promoted, making full use of the Return Fund and Frontex
coordination[125].
Procedural safeguards as prescribed by the Return Directive, including the
presence of forced return monitors, need to be reinforced.

Member States are frequently confronted
with significant numbers of third-country nationals who cannot be returned in
practice, even though a return decision has been taken. A comparative study[126] carried out for the
Commission found that a number of Member States envisage channels and
conditions through which persons with a postponed return/removal order may
enter a regularisation procedure, provided they fulfil certain conditions, such
as a minimum length of stay, co-operation and absence of public order concerns.
The Commission is currently reviewing the findings from this study and will
propose possible actions as part of its Communication on return.

V.1.4      Tackling misuse of visa
liberalisation

The Commission,
with the assistance of EASO and Frontex, continues to monitor the effects of
new visa-free regimes via the so-called post visa liberalisation monitoring
mechanism. Negotiations also continued on the proposed amendments[127] to Regulation 539/2001[128]. This revision to the
Regulation would introduce a new visa suspension and revised reciprocity
mechanisms as a last resort in cases when introducing a visa-free regime
results in a sudden and substantial rise in irregular migration or unfounded
asylum applications. Agreement has not yet been found on the reciprocity
mechanism.

V.2.        Effective Border
Management

V.2.1      EU's External Borders

Frontex continues to play an essential role in facilitating operational
cooperation between Member States on border security and return. The
implementation of its revised Regulation[129],
which entered into force in December 2011, must now be a main priority for the
Agency, in particular making active use of the appointed Fundamental Rights
Officer and the Consultative Forum on Fundamental Rights. The Commission
welcomed the EU Ombudsman's public consultation on Frontex and fundamental
rights[130].

Following annulment by the CJEU of Council Decision 2010/252/EU in
relation to guidelines on search and rescue operations[131], the Commission presented a
proposal[132]
in April 2013 replacing this Decision and taking on board a landmark judgement
of the European Court of Human Rights rendered in 2012[133].

In close
coordination with Frontex and the Member States, the Commission continued to
develop the European Border Surveillance System (EUROSUR), due to become
operational in October 2013. The Regulation establishing the system is expected
to be adopted in the first half of 2013 and the European Council and Parliament
are urged to support this schedule. In order to have a comprehensive set of
tools for managing the EU's external borders, with state-of-art technology the
Commission adopted the "Smart Borders package" in February 2013.

V.2.2      Schengen Governance

As announced in its 2011 Communication on Migration[134], the Commission published
guidelines[135],
as part of the first biannual report on the functioning of the Schengen area[136], to ensure a coherent
implementation and interpretation of rules governing the Schengen area. Two
areas were identified in which such guidelines could have an added value:
issuing of temporary residence permits and travel documents to non-EU citizens plus
police measures in the internal border zones. In regard to the latter, Member
States are invited to ensure that their national legislation and practises are
in line with relevant provisions of the Schengen acquis and the
jurisprudence of the CJEU[137].

The legislative proposals proposed in 2011[138] for enhanced Schengen
governance were intensely discussed throughout 2012 in the Council and the EP;
discussions continue in 2013.

VI.         Concluding
Remarks

Migration has been and will be a part of
what makes the EU. As shown in this report much has been achieved recently and
the years to come will bring new challenges that will need to be addressed. The increasing number of incidents of xenophobic violence against
migrants across the EU is alarming. With well-managed migration and integration
policies, the EU can actively contribute to counter such attitudes.

Europe should
welcome diversity and make migration a dynamic force for growth and progress.
To attract the talents and entrepreneurs that Europe needs, the EU must keep
pace with its global competitors. In support of the objectives of the EU 2020
Strategy, conditions need to be created for a forward-looking and comprehensive
labour migration policy and to allow economic activity to thrive in a stable
and secure environment. This includes working on a more modern and efficient
management of traveller flows at its external borders, reinforcing well-managed
legal immigration and integration policies and simultaneously, stepping up the
fight against irregular migration and trafficking in human beings while
ensuring throughout that the fundamental rights of immigrants and asylum
seekers are guaranteed. This implies that co-legislators give the necessary
priority to the adoption of the legislative packages on the table. It implies
also that a more pro-active monitoring by the Commission of the implementation
of the migration acquis is needed.

Development of immigration and asylum
policies cannot be done without the necessary budgetary support. There is still
a need to ensure that the overall framework for the European Union's budget for
the period 2014 to 2020 is agreed and effectively put in place. Agreement on
the Asylum and Migration Fund Regulation and the Internal Security Fund
Regulation proposals should be found urgently so that necessary measures can be
put in place for the beginning of 2014. The Commission will hold 'policy dialogues'
with Member States and, as regards some parts of the Internal Security Fund,
the Schengen associated states, prior to the negotiations on their multiannual
programmes. The policy dialogue should lead to a better focus on objectives,
results and impacts. In the meantime, Member States are called upon to make
full use of the funds that are currently available, to support the
implementation of EU's migration policy.

The Commission looks forward to further
debates on the basis of this report, both in the European Parliament and the
Council.

[1]               Commission
has pledged an additional €100 million of humanitarian funding for the more
than 4 million people in need of aid due to the conflict in Syria. This funding,
to be disbursed in 2013, brings the Commission's humanitarian funding to €200
million. See http://ec.europa.eu/echo/news/2013/20130129_en.htm.

[2]               Eurostat (online data code: demo_pjanind)

[3]               Eurostat (online data code: proj_10c2150p)

[4]               COM(2011)
751final

[5]               COM(2012)
254 final. Amended proposal in second reading.

[6]               COM(2011) 319 final. Amended proposal.

[7]               COM(2010)
379 final

[8]               COM(2010)
378 final

[9]               Regulation
(EU) No 1077/2011. See http://ec.europa.eu/dgs/home-affairs/what-is-new/news/news/2012/docs/20121129_agency_large_scale_it_systems_en.pdf.

[10]             COM(2011)
743 final plus subsequent Council conclusions. A biennial report on the
implementation of the GAMM will be published in June 2013, taking stock of
progress made and contributing to the further strengthening of the
implementation of the GAMM.

[11]             SWD(2013) 210

[12]             EMN, http://www.emn.europa.eu

[13]             Council Regulation (EC) No 377/2004, as amended by
Regulation (EU) No 493/2011. OJL 141, 27.5.2001, p.1.

[14]             Statistics presented here and throughout this
Communication are primarily the latest available from Eurostat. More detailed
statistics, some from the EMN, including breakdown by Member State, are given
in the Statistical Annex of the accompanying Staff Working Document (SWD(2013)
210.

[15]             Net migration to the EU, without statistical adjustment,
amounted to + 0.5 million, with 1.2 million emigrating and 1.7 million
immigrating.

[16]             Eurostat
Migration statistics. See also EU
Employment and Social Situation Quarterly review, March 2013, Special
supplement on Demographic Trends

[17]             Eurostat data for 2011, as of 31.3.2013. Eurostat data 2012
will become available in July 2013. SWD(2013) 210, Statistical Annex, includes
2012 data for most Member States submitted by the EMN.

[18]             The number including the 4 Associated States was 8,980.

[19]             Eurostat data. News release 48/2013 of 22 March 2013

[20]             Eurostat, no data for Malta and the Netherlands
available for 2012

[21]             Eurostat (as of 18.4.2013)

[22]             Eurostat (as of 18.4.2013). EU-27, excluding HU and NL

[23]             Eurostat (as of 25.4.2013). EU-27 excluding DK, CY, NL.
LU data related to March-December 2012.

[24]             http://www.frontex.europa.eu/publications

[25]             Eurostat. DG Home Affairs
Statistical Report includes data
for the years 2008, 2009 and 2010, from all 27 EU Member States, Croatia and
the following EU Candidate and EFTA/EEA countries: Iceland, Montenegro, Norway,
Serbia, Switzerland and Turkey. Available on the Europa
Anti-trafficking webpage.

[26]             BE, BG, EL, FR, IT, MT, PL, RO,
SI, SE, UK and NO. Statistical annex, Table 9, SWD(2013) 210. Source EMN.

[27]             BG, EL, ES, FR, IT, LV, LU, MT, PL, SK, FI, SE. Source :EMN

[28]             BG, EL, IT, LV, LU, MT, PL, RO, SK, FI, SE Source : EMN

[29]             Europop2010

[30]             Compared to the national populations, immigrants tend
to be younger particularly in the 20-50 year age group. http://epp.eurostat.ec.europa.eu/portal/page/portal/population/documents/Tab/ESSQR_Mar2013_demogr_suppl_final.pdf

[31]             Informal JHA Council meeting, 23-24.7.2012 and 17-18.1.2013.
EP on integration of migrants, its effects on the labour market and the
external dimension of social security coordination (vote 10.1.2013). European
Economic and Social Committee's(EESC) Opinion on migrant entrepreneurs (2012/C
351/04)

[32]             E.g. EU Skills Panorama, http://euskillspanorama.ec.europa.eu/
; the analysis undertaken by CEDEFOP.

[33]             E.g., via EURES (http://ec.europa.eu/eures/)
and including facilitating the intra-EU mobility of third-country nationals
(see EMN study).

[34]             In the age group 20-64, the over-qualification rate of
third-country nationals is much higher than the over-qualification rate of the
total population (45% to 21%). SEC(2011)957 final, p. 28.

[35]             COM(2012) 173 final, Towards a job-rich recovery, pp.
18-19. http://ec.europa.eu/europe2020

[36]             COM(2012) 173 final

[37]             2010/707/EU: Council Decision of 21 October 2010 on
guidelines for the employment policies of the Member States

[38]             Rethinking Education: Investing in skills for better socio-economic outcomes, COM(2012) 669 final

[39]             Notably in the context of projects and studies
addressing this issue. E.g.: the Commission's EU Employment and Social
Situation Quarterly Review and IOM LINET (http://www.labourmigration.eu/) and the
8th meeting of the "European Integration Forum".

[40]             Brücker, H. "The Labour Market Impact of
immigration and its Policy Consequences". Migration Policy Centre, MPC.
(2012)

[41]             EESC (2012/C 351/04)

[42]             COM(2012) 795 final

[43]             COM(2011) 815 final, Annual Growth Survey 2012, p. 11.

[44]             https://ec.europa.eu/digital-agenda/node/21022.

[45]             European Vacancy and Recruitment Report 2012, http://euskillspanorama.ec.europa.eu/docs/EVVR2012Factsheets/08-Bottleneck.pdf

[46]             For example in the IT sector : IP/13/52, Commission
issues action call in Davos - with IT sector and telecoms companies - to close
digital skills and jobs gap in Europe http://europa.eu/rapid/press-release_IP-13-52_en.htm

[47]             OECD "Settling In: OECD Indicators of Immigrant
Integration 2012", Table 1.A1.2 "Educational attainment of
foreign-born and native-born populations aged 15 to 64 not in education,
2009-10".

[48]             According to OECD figures, the share of highly-educated
people among foreign-born inhabitants is lower in the EU than in the USA or
Canada (Source data: "Settling In: OECD Indicators of Immigrant
Integration 2012", Chapter 7, Table 1.A1.2)

[49]             GAMM also addresses preventing and combating irregular
migration and eradicating trafficking in human beings; maximising the
development impact of migration and mobility; and promoting international
protection and enhancing the external dimension of asylum.

[50]             Directive 2009/50/EC of 25 May 2009.

[51]             Directive 2011/98/EU adopted on 13 December 2011.
Transposition of the Directive should be completed by 25 December 2013.

[52]             See EP
Legislative Observatory : Inter-institutional reference 2010/0209(COD)

[53]             See EP
Legislative Observatory : Inter-institutional reference 2010/0210(COD)

[54]             http://ec.europa.eu/immigration

[55]             The Spanish version was launched in January 2013. The
Arabic version will be launched later in 2013.

[56]             COM(2013)151 final adopted 25.3.2013. Existing legislation
Directives 2005/71/EC (researchers) and 2004/114/EC (students)

[57]             COM(2012) 514 final

[58]             Cases C-571/10 and C-508/10, http://ec.europa.eu/dgs/home-affairs/what-is-new/news/news/2012/20120510_en.htm

[59]             Directive 2003/109/EC, as amended by Directive 2011/51/EU extending long-term
residence to beneficiaries of international protection.

[60]             COM(2013) 95

[61]             COM(2013) 97

[62]             Regulation (EC) No 810/2009

[63]             COM(2012) 649 Final Communication from the Commission
"Implementation and development of the common visa policy to spur growth
in the EU", ,accompanied also by a report on the functioning of Local
Schengen Cooperation (COM(2012)648 Final).

[64]             Roughly 2.4 million visa applications were introduced
in VIS In 2012. That is some 16% of total visa applications in that year.

[65]             The EU's current strategy in this regard is set out in
the European Agenda for the Integration of Third-Country Nationals, see
COM(2011) 455 final and subsequent 3135th JHA Council conclusions of
13 and 14 December 2011. See also the Committee of the Regions Opinion on the
Agenda (CIVEX-V-024).

[66]             Available at http://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=1774&furtherNews=yes
and Eurostat, EU-LFS, table lfsa_urgan

[67]             Member State specific unemployment rate statistics is
available in SWD(2013) 210.

[68]             COM(2013) 83 final, pp. 6-7

[69]             Eurofound (2012), NEETs – Young people not in
employment, education or training: Characteristics, costs and policy responses
in Europe.

[70]             See http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/educ/133859.pdf.

[71]             COM(2013) 83 final, Towards Social Investment for
Growth and Cohesion – including implementing the European Social Fund 2014-2020,
pp. 11-12, SWD(2013) 39 final, Follow-up on the implementation by the Member
States of the 2008 European Commission recommendation on active inclusion of
people excluded from the labour market - Towards a social investment approach,
p. 56

[72]             COM (2011)735 final. Contributions received in response
to this Green Paper are available at http://ec.europa.eu/home-affairs/news/consulting_public/consulting_0023_en.htm.

[73]             EMN study entitled "Misuses of the Right to Family
Reunification - Marriages and convenience and false declarations of parenthood"(June
2012) informs this debate.

[74]             Political agreement was reached with Morocco on 1 March 2013.

[75]             Council conclusion on the
Global Approach to Migration and Mobility" (Doc ref. 9417/12)

[76]             Euro-African Partnership for Migration and Development,
Declaration signed in Rabat, 2006

[77]             Political process promoting
migration partnerships among the participating states of the European
Union, the Schengen Area, South Eastern and Eastern Europe and Central Asia, in
addition to Turkey, started with a Ministerial Conference in Prague 2009.
See: www.icmpd.org

[78]             Consultative forum of more than
50 governments and 10 international organisations, aiming at developing
comprehensive and sustainable systems for orderly migration. See : www.icmpd.org

[79]             Eurostat
Press Release 176/2012 of 11 December 2012.

[80]             EU Remittances for Developing Countries, Remaining Barriers, Challenges and Recommendations . http://ec.europa.eu/europeaid/what/migration-asylum/documents/eu_remittances_for_developing_countries_final_19-11-2012.pdf.

[81]             COM(2013)292 of
21.5.2013.

[82]             Directive
2011/95/EU

[83]             Recast Directive 2003/9/EC. Council press release 14556/12 JHA Council 25.10.2012.

[84]             Recast Council Regulation (EC) No 343/2003. Council Press
release 17315/12, JHA Council 6-7.12.2012

[85]             Directive 2005/85/EC on minimum standards on procedures
in Member States for granting and withdrawing refugee status. OJ L 326,
13.12.2005, p. 13. EP
legislative observatory, inter-institutional reference COD(2009)0165

[86]             Council Regulation (EC) No 2725/2000. OJ L316,
15.12.2000, p.1. EP legislative observatory link. EP
legislative observatory, inter-institutional reference COD(2008)0242. The
next EURODAC Annual Report will be published in the latter half of 2013.

[87]             http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-310

[88]             http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/130731.pdf

[89]             http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2012:277:0012:0017:EN:PDF

[90]             http://www.eesc.europa.eu/?i=portal.en.soc-opinions

[91]             COM(2011) 835
final

[92]             See also the Commission's Task Force for Greece, see http://ec.europa.eu/commission_2010-2014/president/taskforce-greece/.

[93]             EASO also launched its official website in 2012, see http://easo.europa.eu, as well as published
its first Annual Report in June 2012.

[94]             EASO's Annual Report, to be published mid-2013, will
provide more details of its various activities in 2012.

[95]             COM(2011) 835 final

[96]             http://ec.europa.eu/commission_2010-2014/sefcovic/headlines/news/2012/07/2012_07_17_joint_agreement_agencies_en.htm

[97]             For the period 2011-2013, Greece was also allocated an
amount of EUR 97.9M for the Return Fund and €129.7M for the External Borders
Fund. In 2013 alone, the amounts allocated are EUR 35.3M and EUR 44M
respectively. The EUR 19.95 M includes EUR 7.7M under
the European Refugee Fund emergency funding.

[98]             Joined Cases C-411/10 and C-493/10 (N.S., M.E. and
Others) http://ec.europa.eu/dgs/legal_service/arrets/10c411_en.pdf

[99]             http://data.unhcr.org/syrianrefugees/regional.php, Number
as of early January.2013.

[100]            Data for December not available for all Member States.
No data available for NL.

[101]            The first EU Relocation from Malta (EUREMA) project relocated 227
beneficiaries of international protection from Malta in 2010-11. For EUREMA II,
97 places were initially pledged plus a further 265 bilateral pledges outside
the project. Over the course of 2012, 105 persons were relocated either through
EUREMA II or the accompanying bilateral arrangements.

[102]            The Commission has been also very active in supporting
the development of RPPs in North Africa (included Egypt, Tunisia).

[103]            October 2012. http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/133241.pdf.

[104]            Decision 281/2012/EU of 29 March 2012. http://www.resettlement.eu

[105]            Under this scheme, the
participating Member States pledged to resettle 3 962 refugees in 2013. This is
an increase compared with 2012 when 3 083 resettlement places were pledged.

[106]            COM(2012) 554 final, and accompanying
Staff Working Document SWD(2012)281.

[107]            COM(2010) 213
final

[108]            See http://ec.europa.eu/dgs/home-affairs/financing/fundings/migration-asylum-borders/other-programmes/pilot-project-unaccompanied-minors/index_en.htm.

[109]            COM(2012) 286 final

[110]            Notably Directive 2011/36/EU on preventing and
combating trafficking in human beings and protecting its victims, OJ L 101, 15.04.2011,.
The deadline for transposition is April 2013.

[111]            http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/133202.pdf.

[112]            http://www.eesc.europa.eu/?i=portal.en.soc-opinions.23965
and http://toad.cor.europa.eu/corwipdetail.aspx?folderpath=CIVEX-V/035&id=21618

[113]            http://register.consilium.europa.eu/pdf/en/12/st13/st13661-re03.en12.pdf.

[114]            http://register.consilium.europa.eu/pdf/en/12/st09/st09417.en12.pdf.

[115]            Council document 8714/1/12 REV 1. See: http://register.consilium.europa.eu/pdf/en/12/st08/st08714-re01.en12.pdf.
To reflect the need to constantly review this strategy, each Council Presidency
has agreed to include this as part of their programme and update the "EU
Action on Migratory Pressures – A Strategic Response", regularly,
specifically within the context of the Strategic Committee on Immigration,
Frontiers and Asylum (SCIFA).

[116]            E.g., the guidance document "Apprehension of
migrants in an irregular situation – fundamental rights considerations"
developed by the Fundamental Rights Agency in 2012 should be taken into account
in apprehension practices.

[117]            E.g., readmission agreement negotiations are undertaken
by the Commission which acts in strict co-operation with the Member States
within appropriate Council groups.

[118]            SWD(2013) 210 final, Section 4.

[119]            Directive 2009/52/EC

[120]            COM(2011) 76.

[121]            http://ec.europa.eu/europeaid/where/acp/overview/cotonou-agreement/index_en.htm

[122]            Directive 2008/115/EC

[123]            Most notably, Case C-430/11 (Sagor) further clarified
the extent to which national law provisions criminalising irregular stay must
not undermine the common standards of the Return Directive. In this case, the
Court ruled that Member State legislation which allows ilrregular stays by
third country nationals to be penalised by means of a home detention order is
compatible with the common standards of the Return Directive only if that order
comes to an end as soon as the physical transportation of the individual
concerned out of that Member State is possible. This ruling further refines the
CJEUs case law on this issue basing itself on the case law already established
in cases C 61/11 (El Dridi) and C 329/11 (Achoughbabian) according to which national
law provisions criminalising irregular stay, must be proportionate and must not
delay the return procedure.

[124]            http://www.vren-community.org/

[125]            In 2012, Frontex co-ordinated a total of 39 joint return
flights for 2 110 returnees. Twenty Member States (AT, BE, BG, DE, EL, ES, FI,
FR, HU, IE, IT, LU, MT, NL, PL, RO, SE, UK) and two Schengen associated
countries (CH, NO) participated in these flights. Countries of return were
Armenia, Colombia, Ecuador, Georgia, Ghana, Gambia, Kosovo(*), Nigeria,
Pakistan, Serbia, Ukraine and Uzbekistan. (* This designation is without
prejudice to positions on status, and is in line with UNSCR 1244/1999 and the
ICJ Opinion on the Kosovo Declaration of Independence.)

[126]            Available as of 11.3.2013 on http://ec.europa.eu/dgs/home-affairs/e-library/documents/policies/immigration/return-readmission/index_en.htm

[127]            COM(2011) 290 final

[128]            OJ L81, 21.3.2001, p.1.

[129]            Regulation (EU) No 1168/2011 of 22.11.2011.

[130]            http://europa.eu/rapid/press-release_EO-12-14_en.htm?locale=en.

[131]            Decision on Case C-355/10 of 5 September 2012

[132]            COM(2013) 197

[133]            ECtHR, Hirsi Jamaa and Others v. Italy [Grand
Chamber], No. 27765/09, 23 February 2012

[134]            COM(2011) 248 final

[135]            Annex to COM (2012) 230

[136]            COM (2012) 230. This first report covered the period 1.11.2011
– 30.4.2012 and was discussed by the JHA Council on 7 June 2012 and by the European Parliament on 4.7. 2012. The
second report (COM (2012) 686), covering 1.5–31.10.2012, was adopted on 23.11.2012,
debated by the JHA Council 6-7.12.2012 and by the European Parliament on 18.12.2012..

[137]            In particular the judgment in Case C-278/12.

[138]            COM(2011) 559 (Link
to EP
legislative observatory) and COM (2011) 560 (Link to EP
legislative observatory.)