# EUR-Lex - 52011DC0743 - EN

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# 52011DC0743

**COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS The Global Approach to Migration and Mobility /* COM/2011/0743 final */**

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Introduction

Globalisation, demographic change and
societal transformation are affecting the European Union, its Member States and
countries around the world. According to United Nations assessments, there are
214 million international migrants worldwide and another 740 million internal
migrants. There are 44 million forcibly displaced people. An estimated 50
million people are living and working abroad with irregular status[1]. Dialogue at global
level can address some of the shared challenges and concerns. However, it
is at regional, national and local levels that each individual
and each stakeholder will seize the opportunities brought by migration and by
mobility.

Migration is now firmly at the top of the
European Union’s political agenda. The Arab spring and events in the Southern
Mediterranean in 2011 further highlighted the need for a coherent and comprehensive
migration policy for the EU. The Commission has already presented a range of
policy proposals and operational measures on migration, mobility, integration
and international protection in its Communications of 4 and 24 May 2011[2]. Those proposals were fully
endorsed by the European Council in June this year[3] and since then the EU has taken
immediate action by launching dialogues on migration, mobility and
security with Tunisia and Morocco in early October and making the
necessary preparations to start the dialogue with Egypt. Similar
dialogues will follow with other countries in the Southern Mediterranean
region, notably with Libya, as soon as the political situation permits.
The dialogues allow the EU and the partner countries to discuss in a
comprehensive manner all aspects of their possible cooperation in managing
migration flows and circulation of persons with a view to establishing Mobility
Partnerships.

In its Communication of 4 May, the
Commission highlighted the need for the EU to strengthen its external
migration policy by setting up partnerships with non-EU countries that
address issues related to migration and mobility in a way that makes
cooperation mutually beneficial. To this end and reflecting the Stockholm
Programme and the Stockholm Programme Action Plan[4], the European Council’s June
Conclusions invited the Commission to present an evaluation of the Global
Approach to Migration and set a path towards a more consistent, systematic
and strategic policy framework for the EU’s relations with all relevant non-EU
countries. This should include specific proposals for developing the Union’s
key partnerships, giving priority to the Union’s neighbourhood as a whole.

Moreover,
despite the current economic crisis and unemployment rates, European countries are facing labour market
shortages and vacancies that cannot be filled by the domestic workforce in
specific sectors, e.g. in health, science and technology. Long-term population ageing in Europe is expected to halve the ratio between
persons of working age (20-64) and persons aged 65 and
above in the next fifty years. Migration
is already of key importance in the EU, with net migration contributing 0.9 million people or 62 % of total population growth in 2010. All
indicators show that some of the additional and specific skills needed in the
future could be found only outside the EU[5].

This is the context in which the EU’s Global Approach to Migration
has evolved since it was adopted in 2005. It was designed to address all
relevant aspects of migration in a balanced and comprehensive way, in
partnership with non-EU countries. The Global Approach was evaluated in the
first half of 2011 through an online public consultation and several dedicated
consultative meetings[6].
The consultations confirmed the added value of the Global Approach and the
valuable results it has delivered. They also indicated a need for stronger policy
coherence with other policy areas and a better thematic and geographical
balance. The Global Approach should, therefore, reflect the strategic
objectives of the Union better and translate them into concrete proposals
for dialogue and cooperation, notably with the Southern and Eastern Neighbourhood,
Africa, enlargement countries and with other strategic partners.

In order to
reap the benefits that well-managed migration can bring and to respond to the
challenges of changing migration trends, the EU will need to adapt its policy
framework. This Communication puts forward a renewed Global Approach to
Migration and Mobility (GAMM) designed to meet that objective.

1.
Key objectives

The
Global Approach must become more strategic and more efficient,
with stronger links and alignment between relevant EU policy areas and between
the external and internal dimensions of those policies.

Mobility of third country nationals across the external EU borders is
of strategic importance in this regard. It applies to a wide range of people, e.g. short-term
visitors, tourists, students, researchers, business people or visiting family
members. It is thus a much broader concept than migration. Mobility and visa
policy are interlinked and around 11 million visas were granted by the Member
States issuing Schengen visas in 2009. Visa policy is an influential instrument
for a forward-looking policy on mobility, as stated in the Commission’s
Communication of 4 May 2011[7].
Therefore, it is now necessary to take full account of the links between the
common EU visa policy for short stays, Member States’ national policies
concerning long stays and the Global Approach to Migration. This is a key reason
to expand the scope of this policy framework to include mobility, making it the
Global Approach to Migration and Mobility (GAMM).

The
existing (and possible future) visa dialogues launched by the EU should,
therefore, be fully assessed in the wider framework of the GAMM. The aim
is to ensure that before visa obligations are facilitated or lifted, a number
of specific benchmarks are fulfilled by the partner countries, including in
areas such as asylum, border management and irregular migration. This process
can ensure mobility in a secure environment.

The
Global Approach should be even more linked and integrated with the EU’s external
policies. The Global Approach is to be defined in
the widest possible context as the overarching framework of EU
external migration policy, complementary to other, broader, objectives that
are served by EU foreign policy and development cooperation[8]. Major progress has been made in this direction since 2005, but more
efforts are needed in order to harness fully all potential synergies between
these policies and with trade policy. The EU and its Member States should
develop strategies and programmes that address migration and mobility, foreign
policy and development objectives in a coherent and integrated way. The
creation of the European External Action Service (EEAS) should facilitate the
use of the variety of policies and instruments at the EU’s disposal in a
coherent manner.

The Migration and Mobility Dialogues
are the drivers of the GAMM and should be standardised as much as possible.
They will be carried out as part of the broader frameworks for bilateral
relations and dialogue (e.g. Strategic Partnerships, Association Agreements or
Partnership and Cooperation Agreements, Joint Cooperation Councils or JLS
Subcommittees). Dialogues are to be pursued both by regional processes
and at bilateral/national level with key partner countries. Where
relevant, they should be undertaken according to the Common Foreign and
Security Policy. Dialogues will build on regular political steering,
through high-level and senior officials meetings, action plans, cooperation
instruments and monitoring mechanisms, where relevant. In addition, they should
also be pursued at local level, notably in the framework of policy/political
dialogue, through the EU Delegations.

Migration and mobility in the context of
the Europe 2020 Strategy aim to contribute to the vitality and
competitiveness of the EU. Securing an adaptable workforce with the
necessary skills which can cope successfully with the evolving demographic and
economic changes is a strategic priority for Europe. There is also an
urgent need to improve the effectiveness of policies aiming at integration of
migrants into the labour market. Policies in place need to be reviewed and
strengthened as the Union faces pressing labour market challenges, particularly
shortfalls in skill levels and serious labour mismatches. Labour market strategies
for meeting needs and promoting the integration of legal migrants should
be discussed with the Member States and reflected in the dialogue with partner
countries where there could be mutual interests. There must also be a dialogue
with the private sector and employers to explore why some vacancies are
difficult to fill and the potential for a more demand-driven legal immigration
policy. Portability of social and pension rights could also be a
facilitator for mobility and circular migration, as well as a disincentive for
irregular work, and should therefore be improved. Closer cooperation between
Member States on social security coordination with non-EU countries will
promote progress in this area. The Commission intends in 2012, to produce a Green
Paper on policies needed to effectively integrate the dimension of economic migration into the
EU strategic thinking for employment and growth.

Education and training play a crucial role in successfully integrating migrants into
society and the labour market. Fuller account should therefore be taken of lifelong
learning policies in the context of migration and mobility..

Recommendations

·
The Global Approach to Migration and Mobility
(GAMM) should be considered and promoted as the overarching framework
of the EU External Migration Policy, based on genuine partnership with
non-EU countries and addressing migration and mobility issues in a comprehensive
and balanced manner. The GAMM should respond to the opportunities and
challenges that the EU migration policy faces, while at the same time supporting
partners to address their own migration and mobility priorities, within
their appropriate regional context and framework.

·
The GAMM should establish a comprehensive framework
to manage migration and mobility with partner countries in a coherent and
mutually beneficial way through policy dialogue and close practical
cooperation. It should be firmly embedded in the EU’s overall foreign policy
framework, including development cooperation, and well aligned with
the EU’s internal policy priorities.

·
The GAMM should be driven by Migration and
Mobility Dialogues. They constitute the fundamental process by which EU
migration policy is transposed into the EU’s external relations. They aim to
exchange information, identify shared interests and build trust and commitment
as a basis for operational cooperation for the mutual benefit of the EU and its
partner(s).

·
The GAMM should be jointly implemented by the
European Commission, the European External Action Service (EEAS), including the
EU Delegations, and the EU Member States, in accordance with the respective institutional
competences.

2.
Thematic priorities

People-to-people contacts through education
and training, trade and business, cultural exchanges, tourism or visiting family
members across borders form an essential part of today’s world. Good governance
of migration and mobility of third countries nationals can create value
on a daily basis for the development of millions of people, increase the EU’s
competitiveness and enrich European societies. This makes the Global Approach a
core strategic interest of the EU and its Member States. With an increasingly global
labour market for the highly skilled, there is already strong competition for
talent. Dialogue and cooperation with non-EU countries should also place
migration and mobility in the perspective of the need to maintain orderly
movements. Without well-functioning border controls, lower levels of irregular
migration and an effective return policy, it will not be possible for the
EU to offer more opportunities for legal migration and mobility. The legitimacy
of any policy framework relies on this. The well-being of migrants and successful
integration largely depend on it. The EU will step up its efforts to prevent
and reduce trafficking in human beings. It will continue to improve the
efficiency of its external borders on the basis of
common responsibility, solidarity and greater practical cooperation. It will
also reinforce its operational cooperation geared
towards capacity-building with its partner countries.

The EU and its Member States should also be
among the frontrunners in promoting global responsibility-sharing based on the
Geneva Refugee Convention and in close cooperation with the UNHCR, other
relevant agencies and non-EU countries. The EU is already actively engaged in
supporting international protection, but the external dimension of
asylum must be given higher visibility in interaction with its partners.
Council Conclusions have also highlighted the commitment to strengthen the
external dimension of EU asylum policy and stressed the importance of Regional
Protection Programmes (RPPs) in this regard[9].

Good governance of migration will also
bring vast development benefits. Evidence shows that migrant households
can increase their well-being thanks to opportunities abroad to acquire new
skills and work experience. Migration and mobility can also foster more foreign
direct investment and trade links, especially bearing in mind the role of
diaspora communities. It is thus in the interest of the migrant source
countries, as well as of the destination countries, to work together to ensure
maximum development benefits from the transfer of remittances, know-how and
innovations. While the potential of migrants to contribute to the development
of their country of origin should be fully recognised and assisted by a wide
range of measures, efforts should also be made to counteract brain drain and
brain waste and promote brain circulation.

These four themes  legal
migration and mobility, irregular migration and trafficking in human beings,
international protection and asylum policy, and maximising the development
impact of migration and mobility  should be covered under the GAMM as
its four pillars. If the EU is to engage more systematically in
facilitating and managing migration and mobility, this latter aspect
should be visible in the pillars on legal migration and on migration and
development. Addressing trafficking in human beings is of key importance
and should be a visible dimension of the pillar on irregular migration. The
aim of launching a comprehensive approach under the GAMM justifies raising the
profile of international protection and asylum as one of its pillars.

The GAMM should also be migrant-centred.
In essence, migration governance is not about ‘flows’, ‘stocks’ and ‘routes’,
it is about people. In order to be relevant, effective and sustainable,
policies must be designed to respond to the aspirations and problems of the
people concerned. Migrants should, therefore, be empowered by gaining access to
all the information they need about their opportunities, rights and
obligations. The Commission has set up the EU Immigration Portal to
provide such information together with other measures.

The human rights of migrants are a cross-cutting dimension, of relevance to all four pillars in
the GAMM. Special attention should be paid to protecting and empowering vulnerable
migrants, such as unaccompanied minors, asylum-seekers, stateless persons
and victims of trafficking. This is also often a priority for migrant source
countries. Respect for the Charter of Fundamental Rights of the EU is a key
component of EU policies on migration. The impact on fundamental rights of
initiatives taken in the context of the GAMM must be thoroughly assessed. More
will also need to be done to explain the EU legal framework, including the new
Single Permit Directive, to the EU’s partners and to migrants.

The migrant-centred approach should be
articulated and implemented through an enhanced dialogue with the diaspora,
migrant groups and relevant organisations. This dialogue should include human
rights issues in relation to migrants in the EU and, in particular, in non-EU
countries. Where appropriate, cooperation on this theme should be streamlined
with dialogue and cooperation on all four pillars of the GAMM.

Finally, the Stockholm Programme recognised
climate change as a global challenge that is increasingly driving
migration and displacement and invited the Commission to present an analysis of
this phenomenon, beyond merely its potential effects on immigration into the
European Union. Addressing environmentally induced
migration, also by means of adaptation to the adverse effects of climate
change, should be considered part of the Global Approach.

Recommendations

·
The GAMM should be based on four equally
important pillars:

(1)          organising
and facilitating legal migration and mobility;

(2)          preventing
and reducing irregular migration and trafficking in human beings;

(3)          promoting
international protection and enhancing the external dimension of asylum
policy;

(4)          maximising
the development impact of migration and mobility.

·
The GAMM should be migrant-centred. It is
to be based on the principle that the migrant is at the core of the analysis
and all action and must be empowered to gain access to safe mobility.

·
The human rights of migrants are a
cross-cutting issue in the GAMM, as this dimension is relevant to all four
pillars. The GAMM should strengthen respect for fundamental rights and the
human rights of migrants in source, transit and destination countries
alike.

3.
Geographical priorities

The Global Approach should not be
restricted geographically. It is a general approach and a method.
What will differ across regions are the intensity and degree to which the approach
is applied and the mix of instruments used. The EU should ensure a coherent
approach to use of those instruments in accordance with its objectives and
consistent with its overall political dialogue with non-EU countries. The principle
of differentiation means that the EU will seek closer cooperation with
those partners that share interests with and are ready to make mutual
commitments with the EU and its Member States. New initiatives will be assessed
in the light of the EU’s present regional and bilateral priorities.

Regional
dialogues

Over time, a large number of regional and
sub-regional dialogue and cooperation processes have emerged.
Some of them started without a direct EU link but have gradually grown to take
on an EU dimension. Others engage only a very limited number of EU Member
States. Some of these processes overlap. This is unsustainable, from a
political, financial and human resources perspective. There is a need for better
definition of the geographical priorities, in line with the EU’s overall
foreign policy and with the reality of migration trends towards the EU and its Member
States.

The first priority should be the EU Neighbourhood,
notably the Southern Mediterranean[10]
and the Eastern Partnership (EaP)[11],
where the migration and mobility dimensions are closely interwoven with the
broader political, economic, social and security cooperation, with dialogues
taking place both in the regional context and at bilateral level. The aim
should be systematically to move towards strong, close partnerships that
build on mutual trust and shared interests, paving the way for further regional
integration.

Secondly, looking at more targeted
migration dialogue processes with wider geographical scope, to the south of the
EU priority should be given to the EU-Africa Strategic Partnership on
Migration, Mobility and Employment[12].
Towards the east the main priority should be the Prague process[13]. These two processes need to
be further consolidated as the key regional frameworks for GAMM
dialogue. This should be facilitated by means of appropriate support
programmes.

Thirdly, these regional processes will be
supplemented by existing, specific sub-regional processes that should be
aligned as much as possible with the overarching frameworks. In the south, this
means the Rabat process[14]
(for Western Africa) and a possible additional sub-regional framework in the Horn
of Africa/East Africa (to be further explored). In
the east, there is a need to address the overlap between the Prague and Budapest
processes[15],
to make them more geographically complementary. Following the 2010 initiative of the Turkish Chair to include the
countries of the Silk Routes, the Budapest process has gained further
relevance for the EU as a unique platform for informal dialogue with key
countries of origin and transit. Well-planned refocusing of all the activities
under this process towards the Silk Routes and possibly other Asian countries would
be timely.

Finally, the dialogue on migration
between the EU and the countries of the African, Caribbean and Pacific
group (EU-ACP dialogue) will be intensified, with a focus on the
strengthening of the operational aspects of implementation of Article 13 of the
Cotonou Cooperation Agreement. The migration dialogue between the EU and
Latin America and the Caribbean region (EU-LAC dialogue) is a more
recent process that needs to continue in order to cater for an increasingly
important region. Ways to set up a Brussels-based forum should be explored with
a view to making the migration dialogue between the EU and relevant
Asian countries more effective and comprehensive, as the EU-Asia dialogue
on migration is expected to become increasingly important.

Bilateral
dialogues

EU enlargement remains a separate path,
where a committed process helps candidate and potential candidate countries to
adapt their national policies and legislative frameworks to the EU acquis.
Turkey and Western Balkans countries are developing close
partnerships and cooperation with the EU on migration and mobility. Dialogues
on migration and mobility matters with these countries are already intense and
will remain so up to the time of actual accession.

Russia is a
key partner country for the EU. Recently very good progress has been made in
the area of migration and mobility by establishing the EU-Russia Migration
Dialogue and identifying the Common Steps in the framework of the visa
liberalisation dialogue.

The Commission proposes to strengthen the
migration and mobility dialogue and operational cooperation with large
global/regional economies in the east (India and China) and in
the south (Nigeria and South Africa), as with other developing
countries with which the EU shares a mutual interest, when considered feasible.

The dialogue with industrialised countries,
such as the USA, Canada and Australia, will continue to focus on
exchanges of information on common priorities and strategies in relation to
global governance of migration and mobility.

The Global Approach should also further expand
its geographical scope and pertinence. It should, therefore, not only focus on
migration into the EU, but also address inter- and intra-regional migration
and mobility in other parts of the world where relevant. While not
necessarily having a direct impact on the EU, this dimension might nevertheless
be highly relevant for some of the EU’s partners and, thus, for the EU’s overall
political dialogue and cooperation with such countries.

The Global Approach also provides an
appropriate framework for addressing the role of the EU in global migration
and mobility governance. The Global Approach allows the EU to speak with
one voice on migration and mobility matters at global level, in particular at
the Global Forum on Migration and Development (GFMD), while starting to build
broad alliances towards the UN High-Level Dialogue in 2013 and beyond.

Recommendations

·
The GAMM should be truly global. Dialogue
and cooperation on migration issues should be pursued across the globe with all
interested and relevant partners based on their and the EU's respective
priorities.

·
The GAMM should keep its strong focus on regional
dialogue processes. They aim at improving dialogue and cooperation between
countries of origin, transit and destination, covering all mutually relevant
issues and themes in the area of migration and mobility. While the EU Neighbourhood
remains a main and broader priority, the overarching regional framework towards
the south should be the Africa-EU partnership. Towards the east it
should be the Prague process. Other sub-regional processes should be
aligned and streamlined accordingly.

·
At bilateral level, the GAMM should focus on a
relatively limited number of key partners. These bilateral dialogues complement
the regional processes and, where possible, should be connected to agreements
that cover the entire spectrum of cooperation between the EU and the country
concerned.

·
The GAMM is also open to addressing intra-regional
migration and mobility in other parts of the world when identified
in the dialogue as relevant for obtaining the set objectives. The GAMM should also
allow the EU to move towards a more active role in global migration governance.

4.
Implementation mechanisms

Since 2005
approximately 300 migration-related projects in non-EU countries have been
funded under various thematic and geographical financial instruments of the
European Commission, amounting to a value of € 800 million. These projects
include the major joint initiatives between the European Commission and United
Nations agencies, the International Organisation for Migration (IOM) or the
International Centre for Migration Policy Development (ICMPD) addressing a wide
range of international migration issues. Examples include the Migrant Service
and Resource Centres in the Western Balkans and Asia, the ACP Observatory on
Migration, Regional Protection Programmes (RPPs) in Africa and Eastern Europe
and numerous projects supporting the implementation of Mobility
Partnerships in Eastern Europe (Moldova and Georgia) and Africa (Cape Verde).

In the past, the Global Approach mainly relied
on a few specific tools: (a) migration profiles, which are now applied worldwide
in more than 70 countries, (b) migration missions, which have taken place to 17
non-EU countries, (c) cooperation platforms, set up for a limited period in Ethiopia,
and (d) Mobility Partnerships, launched with Moldova, Cape Verde, Georgia and,
most recently, with Armenia. These have been developed gradually, but are of uneven
relevance and importance and have no clear logical interrelationship.

However, the EU’s
external migration policy also builds on EU legislation and legal
instruments (so far, nine visa facilitation and thirteen EU readmission
agreements, plus seven Directives on legal and irregular migration), political
instruments (a large number of policy dialogues, often backed up by action
plans), operational support and capacity-building (including via the
EU agencies such as FRONTEX, the EASO and the ETF and technical assistance
facilities such as MIEUX and TAIEX)[16]
and the wide range of programme and project support that is made
available to numerous stakeholders, including civil society, migrant
associations and international organisations.

The GAMM is
based on this entire spectrum of tools and instruments, which should be applied in a structured and systematic way. This
will be done through tailor-made bilateral partnership frameworks that will
be negotiated between the EU and each priority country concerned.

The first of these frameworks is the Mobility
Partnership (MP). The MP is beyond its pilot phase and should be upgraded
and promoted as the principal framework for cooperation in the area of
migration and mobility between the EU and its partners, with a primary focus on
the countries in the EU Neighbourhood. The proposal to negotiate an MP
should be presented once a certain level of progress has been achieved in the
migration and mobility dialogues, also taking into consideration the broader
economic, political and security context.

The
MP provides the comprehensive framework to ensure that movements of persons
between the EU and a partner country are well-governed. The MP brings together all
the measures to ensure that migration and mobility are mutually beneficial for
the EU and its partners, including opportunities for greater labour mobility.

The
MP is tailor-made to the shared interests and concerns of the partner country
and EU participants. The renewed MP offers visa facilitation based on a
simultaneously negotiated readmission agreement. A ‘more for more’ approach,
implying an element of conditionality, should continue to be applied as a way
to increase transparency and speed up progress towards concluding these
agreements. An appropriately sized support package geared to capacity-building,
exchanges of information and cooperation on all areas of shared interest should
be offered by the EU and by Member States on a voluntary basis.

The
MP will help to ensure that the conditions necessary for well-managed
migration and mobility in a secure environment are in place.
Provided legal instruments (visa facilitation and readmission agreements) and
political instruments (policy dialogue and action plans) are implemented
effectively, the EU would be able to consider taking gradual and conditional steps
towards visa liberalisation for individual partner countries on a case-by-case
basis, taking into account the overall relationship with the partner country
concerned.

A second and alternative framework
would be the Common Agenda on Migration and Mobility (CAMM). The
CAMM is a viable option for partner countries and for the EU and its Member
States in cases where both sides want to establish an advanced level of
cooperation, but where one side or the other is not ready to enter into the
full set of obligations and commitments. Like the MP, the CAMM should set a
number of common recommendations, targets and commitments for dialogue and
cooperation and should include a package of specific support measures offered by
the EU and interested Member States. If both parties agree, the Common Agenda
could be upgraded to a Mobility Partnership at a later stage.

Both frameworks are to be established by a
joint political declaration between the EU and interested Member States, on the
one hand, and the partner country on the other. Both are based on mutual
commitments, while remaining formally non-binding.

Recommendations

·
The GAMM should be supported by an extensive
set of tools and two partnership frameworks, applied in a flexible and
tailor-made manner, depending on the overall political dialogue between the
EU and the non-EU country and on both the EU’s interests and the interests and
needs of its partner.

·
The Mobility Partnership (MP) is to be
built in a balanced way around all four pillars of the GAMM, notably with
commitments on mobility, visa facilitation and readmission agreements. It may,
where appropriate, also include linkages to broader security concerns.
Cooperation will be backed up by a support package geared to capacity-building
and cooperation in all areas of shared interest.

·
The Common Agenda on Migration and Mobility
(CAMM) should be introduced as an alternative framework to agree common
recommendations, targets and commitments within each of the four thematic
pillars of the GAMM. The fundamental difference from the MP is that this
framework would not necessarily require negotiating visa facilitation and
readmission agreements. If both parties agree, the Common Agenda could be
upgraded to a Mobility Partnership at a later stage.

·
The following tools can be applied within the
various stages of dialogue and operational cooperation with EU partners and
will find their place in the MP/CAMM frameworks:

(1)          Knowledge
tools, including migration profiles, mapping instruments, studies,
statistical reports, impact assessments and fact-finding missions;

(2)          Dialogue
tools, including migration missions, seminars and conferences;

(3)          Cooperation
tools, including capacity-building, cooperation platforms, exchanges of
experts, twinning, operational cooperation and targeted projects and
programmes.

5.
Operational priorities

The European Union’s dialogue and
cooperation with non-EU countries should aim at implementing a series of
priority activities within each of the four pillars of the GAMM. Each of the
operational activities should be in line with the EU’s geographical priorities
and, as far as relevant, give priority to the EU’s main partner countries.

First pillar: Organising and facilitating legal migration and mobility

European policy on the organisation and
facilitation of legal migration and mobility within the GAMM is based on the
premise of offering employers wider opportunities to find the best individuals for
vacancies on the global labour market. It equally seeks to offer new European
employment possibilities for talented people from around the globe, fully respecting Member States'
competence to manage their labour
markets.

The European Union’s dialogue and cooperation
with non-EU countries should reflect evolving EU legislation on legal migration
with a view to providing greater access to information on rights and
opportunities. It should take into account the views and concerns of partner
countries and identify shared interests. The skills demand in the EU should be
an area where possible complementarities with priority partner countries
could be further explored.

The EU legislation on long-term
residents, family reunification, students, researchers and highly qualified
people has harmonised conditions for admission and migrants’ rights in some
key areas, while Member States retain the right to decide on the numbers of
migrants they admit for work. The EU Blue Card Directive is the first
direct EU response to shortages of highly skilled workers.

The Directives on seasonal workers
and on intra-corporate transferees, both of direct relevance to the
labour market, are under negotiation with the Council and the European
Parliament. They would introduce a common, simplified
and quicker procedure. The proposal on seasonal workers also includes
protection from exploitation and is of relevance for many partner countries,
especially in agriculture and tourism. The second proposal aims to allow, under
certain conditions, companies established outside the EU temporarily to transfer
managers, specialists and graduate trainees from non-EU countries to their entities
and linked enterprises in Member States.

The Single Permit Directive,
expected to be adopted soon by the European Parliament and the Council, will
bring simplification by establishing a single procedure and a single permit. It
defines a list of areas where, irrespective of their initial reason for
admission, all legally staying and working non-EU nationals will be granted
equal treatment to nationals. Possible revisions of the Directives on
researchers and students could further facilitate admission, residence and
intra-EU mobility of these key groups for preserving the EU’s future innovation
capacity and competitiveness.

Through dialogue with its partners, the EU
will explain this legal framework with a view to facilitating application. In
addition, the EU Immigration Portal has been launched as an online tool
for non-EU nationals interested in learning about opportunities and the procedures
necessary to move to the EU and for those already in the EU who would like to
move from one Member State to another. Where relevant, this source of
information should be combined with pre-departure measures focusing on
upgrading skills and proficiency in EU languages.

Effective integration, in particular in the labour market, is the
key to ensuring that both migrants and receiving societies can benefit from the
potential of migration, including via stronger diaspora communities and migrant
entrepreneurs. The Communication on the European Agenda for the Integration of
Third-Country Nationals[17]
suggests new approaches and areas for action. Dialogue with EU partners should
further explore the role of diaspora communities and transnational networks in
this context, e.g. in preparing migrants better for residence in the Member
States.

The Europe 2020 Strategy highlights the
need for special efforts to attract highly skilled migrants in the global
competition for talent and to further the integration of people with a migrant
background in European societies. The Employment Guidelines call on
Member States to pay due attention to integration of migrants in EU labour
markets, providing a framework for information-sharing and coordination of employment
policies. While the EURES network provides information on vacancies, the
Public Employment Services also play an important role by facilitating
access to employment for mobile and migrant workers. The European Social
Fund (ESF) provides financial support and help to increase the
participation of migrants in employment.

Moreover, particular emphasis is placed
on strengthening the Union’s capacity to anticipate labour market and skills
needs. In 2012 the European Vacancy Monitor will be supplemented by the EU
Skills Panorama, providing updated forecasts of skills supply and labour
market needs up to 2020. In the area of validation of diplomas,
qualifications and skills within the EU, the Professional Qualifications
Directive is a key instrument for intra-EU mobility, which also applies to non-EU
diplomas. Meanwhile, over-qualification or brain waste is a widespread and
serious problem amongst non-EU migrant workers which needs to be further
addressed.

Regarding
the portability of social security rights, the EU rules on social
security coordination remove disadvantages and protect acquired rights for EU
citizens moving within the EU and also for all legally resident non-EU
nationals with a cross-border dimension. In October 2010, six Council decisions
were adopted concerning the EU position on social security coordination with
Algeria, Morocco, Tunisia, Croatia, the Former Yugoslav Republic of Macedonia
and Israel. When these decisions are formally adopted by the Association
Councils, the EU will have created a limited external social security
coordination system applying to persons — both EU nationals and nationals of
these six countries — who move into and out of the EU. In addition, the Single
Permit Directive will, once adopted, secure the right for all migrant workers
covered by it to export their acquired pensions under the same conditions and
at the same rates as the nationals of the Member States concerned when they
move to a non-EU country.

As mobility of third country nationals is
closely interlinked with the common EU visa policy for short stays, all
the possibilities under the Visa Code should be used to simplify procedures and
increase transparency. Local Schengen cooperation and an enhanced consular
coverage in non-EU countries should add to the quality of services. Future
revisions of EU visa policy should take into account visible progress within EU
dialogues. Moreover, efforts should
be stepped up to coordinate more closely the
awarding of research grants, scholarships and trainee programmes and the
issuing of the required visas and/or residence permits for the researchers
concerned.

Exchanges of practical information on the subjects of recruitment, recognition of non-EU qualifications,
skills matching and labour market intermediation should be facilitated by
strengthening cooperation between the Public Employment Services in the
Member States and encouraging cooperation between them and other employment
service providers such as private agencies and sectoral organisations in EU
Member States. Work already done on recognition of foreign qualifications, led
by the European Training Foundation (ETF) and by the ENIC-NARIC network with a view
to implementing the Lisbon Convention on the Recognition of Qualifications,
should be taken into account in this context.

Greater mobility for students and
researchers from third countries could also be a
promising path towards catering for labour market needs in Europe if some
students were to be able to work after completing their studies. This issue
could be further explored, taking into account Member State competence and measures
to combat brain drain, e.g. through circular migration. This could be done, in
particular, by making better use of existing Mobility Partnerships to enhance
and facilitate exchanges, of current international mobility programmes and,
from 2014 on, of the future single programme for education, training and youth,
and Horizon 2020 (the future Framework Programme for research and innovation).
Establishment of institutional networks and twinning of universities in
EU Member States and priority partner countries should be supported, so that curricula
and certification processes are better adapted to the labour market needs
in both places. The EU should support Member States to extend their range of
bilateral youth mobility agreements and also offer them to Mobility
Partnership countries.

In the framework of both Mobility
Partnerships and Common Agendas, dedicated Migration and Mobility Resource
Centres (MMRC) should be set up in the partner countries. These should be
integrated within the relevant national authorities or employment agencies, building
upon the experiences gained from the EU-Moldova Mobility Partnership and CIGEM
in Mali[18].
Focusing on migrants’ needs they should (1) serve as a one-stop shop for
individuals seeking information and support on validation of their
qualifications, skills upgrading and skills needs at national or regional levels
or in the EU and (2) provide pre-departure, return and reintegration measures. The
EU Immigration Portal would also be a useful information tool for this
purpose. The MMRCs should assist the relevant authorities in the partner
countries and EU Member States, including Public
Employment Services with a view to improving labour
matching and supporting positive development outcomes. In the medium term,
these centres should also be linked up with the Common Visa Application Centres
and with the EU Delegations to enhance and facilitate visa procedures for
specific categories of third country nationals.

The Immigration Liaison Officers (ILOs)
network should be supplemented with migration experts, including seconded
national experts from Member States in EU Delegations, who can follow migration
matters from a broader, more comprehensive policy perspective than consular
services normally do. Every opportunity to involve EU agencies in such
exchanges of information and closer cooperation with non-EU countries should be
seized.

Recommendations

Under the first pillar, the GAMM should focus on the following priorities:

·
Dedicated mobility offers for young people,
students, artists and cultural workers, researchers and academics in the form
of additional scholarships, fellowship and trainee programmes and youth
mobility agreements. Commitments to apply fully and, if appropriate, possibly
amend the Directives on students and researchers.

·
Full application of the Visa Code and
possible amendments to improve local Schengen cooperation and to enhance
consular coverage, where relevant by establishing Common Visa Application
Centres.

·
Twinning between higher
education and training institutions, to encourage cross-border cooperation
and exchanges on aligning curricula, certification and qualifications
and ensuring efficient recognition thereof (through effective quality assurance,
comparable and consistent use of EU transparency tools and linking
qualifications to the European Qualifications Framework) with a view to
improving long-term labour market complementarity.

·
Encouraging Public Employment Services at EU
level to monitor recruitment procedures and exchange good practice on employment
and labour matching between Member States, counterparts in partner countries
and other stakeholders.

·
In the framework of both Mobility Partnerships
and Common Agendas, dedicated Migration and Mobility Resource Centres
should be set up in the partner countries. Building on information available from
the EU Immigration Portal, they would facilitate pre-departure measures
focusing on skills matching, skills upgrading and proficiency in EU languages
in cooperation with Public Employment Services, EU agencies and other stakeholders.

Second pillar: Preventing and reducing irregular migration and trafficking in
human beings

The legitimacy of any framework for
migration and mobility depends on effectively addressing irregular migration. Safe
and secure migration is undermined by those who operate outside the legal
framework. Intra-EU cooperation is essential, and so is the goal of reinforcing
partnerships with non-EU countries in order to ensure that mobility and
migration can be organised in an orderly fashion.

Migration and mobility are embedded in the
broader political, economic, social and security context. A broad
understanding of security means that irregular migration also needs to be considered
in connection with organised crime and lack of rule of law and justice, feeding
on corruption and inadequate regulation.

The EU should continue to give priority to transfers
of skills, capacity and resources to its partners, in order to prevent and
reduce trafficking, smuggling and irregular migration, and to strengthening integrated
border management. Within the EU, implementation of the Directives on
Return and Employer Sanctions should be ensured and combined with other
relevant measures in closer interaction with non-EU partners.

The dialogue and cooperation with partners
should strive to protect the human rights of all migrants throughout their
migration process. Unscrupulous employers should be targeted and action taken
to prevent and prosecute criminal acts and human rights violations committed
against migrants. Measures should be taken to ensure decent living conditions
for migrants in reception centres and to avoid arbitrary or indefinite
detention. Special attention should be given to unaccompanied minors in the
context of implementation of the Action Plan adopted in 2010.

The capability of FRONTEX to work in
partnership with non-EU authorities should be fully utilised. Immigration
Liaison Officers (ILOs) should expand their exchanges of information with their
counterparts to more partner countries. There is a need for closer cooperation
between the relevant EU agencies[19]
which would allow better exchanges of information on migration and organised
crime.

It is increasingly clear that document
security and identity theft are areas where closer cooperation could bring
mutual benefits. Frequent travellers (business people, government officials,
students and researchers) from non-EU partner countries that have biometric
travel documents and enhanced document security in place could be offered
easier access to the EU. Forthcoming Commission proposals on smart borders,
including an entry/exit system and a registered travellers programme, should
pave the way for such developments.

Linking readmission agreements to visa
facilitation agreements as part of the EU’s external migration policy can
be of benefit to non-EU countries by providing opportunities for mobility while
safeguarding security and reducing risks of irregular migration. Readmission and return should be firmly embedded in the broader
Global Approach. The Commission will facilitate country-specific initiatives to
monitor some of the returns.

The EU policy on trafficking in
human beings (THB) takes a holistic approach focusing on prevention,
prosecution of criminals and protection of victims. This integrated view is
consistent with a human rights- and victim-centred approach, taking into
account the gender perspective. It aims to prevent this crime and give people
who have been reduced to a slavery-like condition an opportunity to recover and
to be re-integrated into society. Taking into account the Council’s recommendations[20], THB will continue to be
systematically included in relevant EU agreements and strategic partnerships
with non-EU countries and also in all political dialogues on migration and
mobility. A multi-stakeholder approach across relevant policy fields will be
stressed. Capacity-building will be a central component, as will compliance
with international standards in this area, in particular ratification and
implementation of the UN Convention on Transnational Organised Crime and its
protocols on THB and smuggling of migrants. The new integrated strategy on THB (planned
for 2012) will provide for closer coordination and greater coherence between stakeholders.

Recommendations

Under the second pillar, the GAMM should focus on the following
priorities:

·
Transfer of skills, capacity and resources to partners to prevent and reduce trafficking, smuggling and
irregular migration, to ensure return and readmission, and to strengthen integrated
border management.

·
Cooperation on document security, paving
the way for visa facilitation for frequent travellers from priority partner
countries.

·
Initiatives to provide better protection for and
empower victims of trafficking in human beings.

·
Precise monitoring of implementation by the EU
Member States of the Directives on return and employer sanctions, in
close cooperation with partners.

·
Strategic use of the new possibilities for
FRONTEX and more comprehensive thematic exchanges of information between EU
Immigration Liaison Officers (ILOs) and counterparts in more partner
countries.

Third pillar: Promoting international protection and enhancing the external
dimension of asylum policy

The EU needs to enhance solidarity with refugees and displaced persons
and such efforts should become an integral part of the GAMM. The EU should increase
cooperation with relevant non-EU countries in order to strengthen their asylum
systems and national asylum legislation and to ensure compliance with
international standards. This could enable these countries to offer a higher
standard of international protection for asylum-seekers and displaced people
who remain in the region of origin of conflicts or persecution. The EU should
encourage its partner countries to incorporate this dimension in their national
poverty reduction strategies, where appropriate. These strategies should also
look at the relations between refugees and displaced persons and local
populations where relevant, in line with the 2009 Stockholm Programme, which
stressed that the external dimension of asylum must be built up in order to
contribute more effectively to solving protracted refugee situations.

The EU should also encourage non-EU countries
to address the issue of stateless persons, who are a particularly vulnerable
group, by taking measures to reduce statelessness. The EU should further
promote the development of an international legal framework for the internally
displaced persons (IDPs), another particularly vulnerable group.

The EU should work with its partners to articulate better the links
between international protection and development. The concepts and devices for
improving the transition between humanitarian and development aid should also
be further developed.

Asylum policy frameworks and protection capacity in non-EU countries
must be strengthened. This is to be achieved by means of more extensive
cooperation with non-EU countries, inter alia under Regional
Protection Programmes (RPPs). An RPP in North Africa encompassing Egypt,
Tunisia and Libya is one notable example in this regard.

Gradually, the EASO should become more involved in building
asylum capacity in non-EU countries, including support for resettlement
activities.

RPPs should be enhanced as the key instrument for this new pillar,
as they have been underutilised up to now. Existing RPPs should be strengthened
and additional RPPs should be proposed, where relevant, including as part of EU
migration dialogues with the regions and countries concerned. The RPPs should
continue to focus on building up protection capacity and asylum systems in
partner countries and regions. Development programmes for refugees and
internally displaced persons (IDPs) and disaster risk reduction programmes in
these regions should continue and, where necessary, be enhanced, consistent
with and complementary to RPPs. An enhanced resettlement component
should be added to each RPP as a sign of international solidarity and a key
instrument for pursuing orderly access to durable solutions in the EU.

For many of the most vulnerable refugees,
resettlement remains the only viable durable solution. Against this background,
the EU has prepared a ‘Joint EU Resettlement Programme’ with the aim of increasing
resettlement in Europe, whilst making more strategic use of it. More
resettlement places should be offered in the EU, alongside procedural
guarantees for more resettlement cases to be processed in the countries of
first asylum. This requires increased funding, identification of procedures and
improved logistical and technical capacity.

Recommendations

Under the
third pillar, the GAMM should focus on the following priorities:

·
Regional Protection Programmes (RPPs) to strengthen the protection capacity and asylum systems of partner
countries and regions.

·
Support from the EASO for building asylum
capacity in non-EU countries, including in the form of support for resettlement
activities.

·
Enhanced resettlement in the EU in
cooperation with partners.

·
Stronger efforts to solve protracted refugee
situations, including targeted assistance for displaced persons.

Fourth pillar: Maximising the development impact of migration and mobility

The EU and the international community have
made great strides to promote the beneficial development outcomes of migration.
Much progress has been made on facilitating the positive impact of remittances
and voluntary initiatives by the diaspora. However, the downsides, such
as brain drain, social costs and dependence on foreign labour markets, also
need to be tackled jointly in partnerships. Procedures for access to the
limited number of opportunities for legal migration are often non-transparent
and over-bureaucratic. As a consequence, many migrants turn to informal
intermediaries, often with links to organised crime. The migrants will not only
be exposed to more risks, abuse and exploitation, but will also see their
potential savings reduced.

Inter- and intra-regional migration in developing regions far exceeds migration to the EU. This ‘south-south’
migration often brings benefits to migrants in the form of better job
opportunities and higher incomes than available at home. Here again, many
migrants are subjected to exploitation, abuse and deception. Recruiters,
intermediaries, employers or organised crime rings can all prey on unaware
migrants. Making information and support available to protect the rights of
migrants is thus of key importance. The EU can help migrants to move in orderly
fashion and take back home the resources and skills their countries of origin often
badly need[21].

Much has been achieved by the EU and its
partner countries on making remittance services cheaper, more
transparent, more competitive and more reliable. Bi-annual reports on policy
coherence for development, have improved a whole-of-government approach in the
EU. The engagement of diaspora associations in development of their home
country has been facilitated, most recently by supporting the setting-up of an
EU-wide diaspora platform. Stronger involvement of diaspora and migrant
groups can also help to attain the objective of the renewed Global Approach
to address, more systematically, migrant rights and the empowerment of
migrants.

Efforts to mitigate brain drain have
been advanced by supporting the WHO Code of practice on the international
recruitment of health personnel. The EU should promote Member States’ endeavours
to facilitate circular migration of health personnel, so that skills and
knowledge can be acquired to the benefit of both source and destination
countries. The EU Blue Card Directive allows Member
States to reject applications in order to ensure ethical recruitment and enables the Commission to monitor application of the Directive with a view to mitigating brain drain.

The EU should reinforce its support for capacity-building
in partner countries. Coordination and coherence between national migration and
development policies and links with employment creation and policies on
education, health and housing should be strengthened. The sometimes overly
sanguine debate on the ‘win-win potential’ needs to be better balanced by
taking the downsides of migration seriously, in particular its social costs
and the risks of households becoming dependent on income from remittances.
Partner governments could receive EU assistance to put in place national
frameworks for the transfer and portability of pensions from abroad, taking due
account of Member States’ competence in this area.

Successful mainstreaming of migration in
development thinking requires making it an integral part of a whole range
of sectoral policies (on agriculture, health, education, etc.). In parallel,
targeted migration-related initiatives should be promoted. The often still
limited awareness, amongst practitioners, of the relevance of migration issues
to development should be addressed, both in the EU and in its partner
countries. In this regard, it is essential to integrate challenges related to
intra-regional migration as one of the issues under the GAMM, so that the
potentially beneficial role of migration in regional cooperation and
development can be properly identified and promoted. Partner countries should
also be made more aware of their possibilities to earmark development funding
for migration-related initiatives in the National Indicative Programmes that
define their development cooperation with the EU. This link should be further
deepened in the framework of development policy.

Policy
coherence can also be facilitated by Extended Migration Profiles, which
are increasingly being used to produce a better and more sustainable evidence base
on the migration and development nexus. They bring together all stakeholders in
a country-specific process in order to identify and address data gaps and needs
regarding current migration patterns, labour market trends, legislation and
policy frameworks, information on remittance flows, diasporas and other
development-related data. Ownership should be in the
hands of the partner country, and sustainability should be ensured through
adequate capacity-building.

Recommendations

Under the
fourth pillar, the GAMM should focus on the following priorities:

·
Promoting the WHO Code of practice on the
international recruitment of health personnel and monitoring application of the
EU Blue Card Directive to mitigate brain drain.

·
Exploring setting up diaspora investment vehicles
that could channel the voluntary contributions by the diaspora and
adding EU resources to boost the development-oriented initiatives and
investments in priority countries, such as in the Southern Mediterranean.

·
Private-public partnerships to engage migrant entrepreneurs and SMEs in trade,
investment and skills transfers between EU Member States and partner countries.

·
Exploring the usefulness of an annual remittances
forum and recommendations by the end of 2012 on the basis of a study on the
feasibility of a common EU portal on remittances.

·
Assistance to partner countries to identify
and monitor bona fide recruiters in order to empower migrants,
notably with a view to facilitating circular migration.

6.
Funding and monitoring

Successful implementation of the Global
Approach depends on adequate funding. Geographical and thematic
financial instruments remain of key importance for external cooperation and
will have to be used in a comprehensive and coherent way, building on lessons learned
from, for example, the Thematic Programme on Migration and Asylum (2007-2013). Future
programming and allocation modalities of EU external instruments should continue
to contribute to the goals of the Global Approach, while respecting the overall
objectives of these instruments and in accordance with their rules.

In addition to these external instruments
and in line with the principles of subsidiarity and complementarity, the future
EU Asylum and Migration Fund and the Internal Security Fund (notably
on border management) should also be able to cater for financing the GAMM. These
funds will be of particular relevance for activities that primarily serve the
interests of the EU, but are being implemented in a non-EU country. They shall,
therefore, be used for specific activities complementing those financed under
geographical or other instruments in order to avoid duplication, and in
consistency and coherence with foreign policy considerations and/or development
policy purposes.

Member States should continue to contribute directly to financing the Global
Approach, e.g. when applying the Global Approach in their bilateral
cooperation, when engaging in regional processes and when participating in
Mobility Partnerships and Common Agendas with priority partners. While
relations between the EU and partner governments are at the core of the GAMM,
the role of civil society is also important for implementation of specific
initiatives. Their role should be reflected in the financial and contractual
arrangements.

Finally, implementation of the GAMM needs
to be efficient and should include a monitoring process. A GAMM report should
be adopted every second year, starting in June 2013. It should be based on
information provided by Member States, EU Delegations, EU agencies and partner
countries and will be presented under the responsibility of the Commission in
association with the EEAS.

The aim of the report will be to monitor
the policy objectives outlined in this Communication and cover all major EU
dialogue and cooperation processes. It will assess progress on the four pillars
of the GAMM and on the tools and instruments being used by applying a
comparable method of assessment that will reflect change over time. The report
will assess if and how targets have been met and make recommendations. Information
on progress on the various dialogues, MPs and CAMMs should be collected and
disseminated systematically, including on a dedicated GAMM website (with
one public and one EU-internal interface, which should also aim to develop a
network of EU focal points). A specific GAMM support project could be
set up for this purpose.

Recommendations

·
The GAMM should continue to be supported by a mix
of mutually reinforcing financial instruments, provided by both the EU
and its Member States.

·
At EU level these instruments should include the
geographical and thematic external instruments, the future
Asylum and Migration Fund and the future Internal Security Fund.

·
In order to ensure transparency and improve
implementation, the results of the GAMM should be presented in a biennial progress
report, and further communicated through a dedicated website.

Conclusions

The EU is affected by a multitude of
challenges and opportunities in the area of migration and mobility. To make
the EU more prosperous, it needs to become more competitive, attracting talent
and investments. To manage mobility in a secure environment, the EU needs to
continue its prioritised dialogue and cooperation with partner countries in the
EU Neighbourhood and further afield. To offer international protection to those
in need, and to improve the development impact of migration and mobility for
its partners, the EU must be a leading actor in global governance.

The Commission is confident that the policy
proposals and operational measures proposed in this Communication will allow
the EU and its Member States to address these challenges.

Building on the comprehensive political and
legal framework for migration and mobility presented by the Commission in its
Communications of 4 and 24 May 2011, and on six years of experience of
implementation of the previous approach, the Commission is convinced that it is
now time for the EU to consider how to consolidate this as the overarching
framework of the EU’s external migration policy. To achieve this
objective, the Global Approach should be firmly embedded in the EU’s overall
foreign policy, including development cooperation, and better
aligned with the EU’s internal policy priorities. In line with the Treaty of
Lisbon, the EU will need to speak with one voice, also when it comes to its
external migration policy.

To structure and facilitate this process,
the EU needs an agreed strategic policy framework which is clear, consistent
and easy to communicate. The EU will be better equipped for migration
governance at home and globally only if it further reinforces its dialogue and
cooperation with partner countries.

The Commission considers that the new EU
Global Approach to Migration and Mobility (GAMM) represents the strategic
framework which is necessary to bring added value to the EU’s and Member
States’ action in this area. It can address the EU’s concerns and aspirations
in the area of migration and mobility more effectively and more efficiently
than individual Member States. It provides valuable support and impetus for
Member States’ bilateral and national policies in this domain. The Commission,
the EEAS and Member States must work together closely to ensure coherent
action within this common EU framework.

ANNEX

Conclusions of the CSWP on migration and development

Maximising the positive impact of migration on development of partner
countries (both of origin and destination) while
limiting its negative consequences will
remain a key priority of the GAMM. A more migrant-centred approach will be
pursued without underestimating partner countries’ responsibility for designing
adequate policies. As for the traditional migration and development agenda,
significant results have been achieved so far, but further challenges remain
and will be tackled.

Migration is now an integral part of a
number of national and regional development strategies. Several partner
countries and regions have been given support to develop and implement their
own migration strategies, to gather and analyse migration data and to build up
the capacity of the relevant institutions. The EU will continue supporting
these efforts to manage migration in a coherent development framework and in
line with local specifics and priorities.

Development objectives are being taken into
account more and more in the EU and partner countries’ migration policies. At
the same time the migration dimension is increasingly being taken into account
within development strategies. The EU will continue to promote the Policy
Coherence for Development agenda, with a view to identifying and addressing
possible inconsistencies in the legislation and policies of the EU and its
Member States and to reinforcing capacity and mechanisms in non-EU countries in
this domain.

The EU is widely recognised as a leading
stakeholder at international level with regard to facilitating cheaper and more
secure private remittance flows to developing countries while adding to their
impact on development. The European Commission has launched a study to help it propose
new recommendations and assess the expedience and feasibility of a common EU
portal on remittances. More efforts should also be put into capacity-building
to support partner countries interested in designing regulatory frameworks and
into promoting financial literacy, new technologies and access to credits to
stimulate productive investment and job creation. An annual remittances forum
(either formal or informal) might be an idea to consider. In any case, more exchanges
of information between EU Member States and the European Commission on the
projects in the area of remittances would be required to avoid duplication and
identify best practice.

The EU has stepped up its efforts to
support and work with diaspora groups based in Europe willing to
contribute to development projects in their countries of origin. It is also
increasingly supporting similar efforts by partner countries. The EU will
continue to work on establishing a database of diaspora organisations based in
the different Member States in order to engage them more fully in policy
dialogue and disseminate information. It will continue to invest in leveraging
its contribution to development and will seek to harness its partners’ knowledge
and expertise better, notably for supporting entrepreneurs and SMEs. The EU will
also assess how to contribute more to adding to the value of migrants’ skills
and knowledge in their countries of origin and whether to support diaspora
volunteering and diaspora funds put in place by partner countries.

Some progress has been achieved on fighting
brain drain, especially in the health sector, while support for labour
market policies and decent work in partner countries is another key strategy to
help them attract and retain skilled workers. The EU will continue to analyse examples
of brain gain and assess how to scale up successful ones and also how to fight
brain waste. Including strategies for retention of skilled workers in political
dialogues on migration with partner countries could be one option to consider.

Circular mobility has been encouraged by a number of national and EU legislative
measures and by specific projects. Greater portability of social security
rights should be promoted as a key incentive to circular migration and,
more generally, to legal labour mobility. The EU and its Member States should
continue to establish legal frameworks that provide for multiple entry permits
and periods of absence from the country of temporary residence so that the
benefits of migration can be maximised, for the migrants, source countries and
destination countries alike.

Going beyond the traditional agenda, the EU
is working towards putting in place a more comprehensive framework to accompany
and protect migrants along their migratory route, which should also take into
account the social consequences of migration.

This includes addressing the consequences
of emigration flows in countries of origin, in particular by increasing
knowledge about, and mitigating, the adverse effects suffered by children and families left behind and taking into account the potentially negative social impact of
remittances on families and communities. The EU is also supporting additional
efforts being made on sustainable returns, including on securing livelihoods
and reintegration into the national labour market.

This approach includes protecting the human
rights of all migrants in transit by focusing on: protecting
vulnerable migrants (unaccompanied minors, asylum-seekers, victims of
trafficking, stranded migrants, etc.) and on the specific needs of women;
supporting capacity-building for law enforcement forces and referral systems;
supporting prevention, protection and prosecution of criminal acts and human
rights violations committed against migrants, including those travelling
irregularly; and guaranteeing decent living conditions for migrants in
reception centres in non-EU countries.

Stepping up efforts to improve integration
of migrants in countries of destination is a key component of this approach, as
it is linked to diaspora networks and trade, skills and investment flows. Understanding
of and action need to be improved on social integration and adaptation of
social policies (especially health and education), economic and labour
integration and fighting xenophobia and social exclusion. In this regard,
mainstreaming of the specific needs of forced migrants in non-EU countries’
development policies should be enhanced.

In order to make operational cooperation
more efficient and to achieve these goals, efforts will be made to support
EU Delegations, including specific training and exchanges of knowledge and
experience on migration issues, and to coordinate and mobilise the EU financial
instruments available better, including via more exchanges with Member States
on their own migration and development projects.

The recent consultations held by the
Commission confirm that the reality and challenges faced by partner countries
regarding the link between development and migration are much broader and more complex
than the policy area addressed so far.

Migration has a significant impact on the development
of non-EU countries. Several governments have based their economic development
model partly on immigration or emigration, without taking into account either the
economic and social costs and consequences or the expected contribution to
growth and sustainable development. Numerous non-EU countries face migration
flows that are essential for their economies but lack a structured and targeted
policy framework. Awareness about synergies and interdependencies between
migration and other policies, such as domestic employment policy or trade
agreements, is often lacking. The influence of a number of public policies on
migration patterns is usually overlooked. In case of crises or conflicts,
variations in flows are difficult to cope with and could destabilise economies
and weaken social cohesion. The predominance of the informal sector in many
developing countries contributes to employment of irregular workers with all
the subsequent problems of exploitation, trafficking, smuggling and social consequences
(e.g. ‘social dumping’).

There is a growing need to promote migration
governance from a development perspective at all levels and to
improve the understanding of the development and migration nexus, be it in
migration/asylum government policies or in other sectors that may impact on or
be impacted by migration. The reflection on those aspects should be in line
with the Policy Coherence for Development Work Programme, as well as to respond
to evolving needs of partner countries.

[1]               UNDP (2009) Overcoming barriers: Human mobility
and development, Human Development Report; UNHCR
(2011) Global Trends 2010.

[2]               COM(2011) 292/3: Communication on ‘A dialogue
for migration, mobility and security with the Southern Mediterranean countries’.

[3]               European Council Conclusions,
23/24 June 2011.

[4]               Stockholm Programme: Council Document 17024/09,
approved by the European Council on 1‑2 December 2009:
http://ec.europa.eu/home-affairs/policies/intro/policies_intro_en.htm Action
Plan Implementing the Stockholm Programme, COM(2010) 171 final of 20 April
2010: http://ec.europa.eu/home-affairs/policies/intro/policies_intro_en.htm.

[5]               European Migration Network (2011) Key EU Migratory Statistics; Eurostat (2011) Population and social
conditions, 38/2011, 34/2011.

[6]               http://ec.europa.eu/home-affairs/news/consulting_public/consulting_0021_en.htm.

[7]               COM(2011) 292/3.

[8]               See, for example, Commission Communication COM(2011) 637
on ‘Increasing the Impact of EU Development Policy: an
Agenda for Change’.

[9]               Council of the European Union, Council Conclusions on Borders, Migration and Asylum, 9 and
10 June 2011.

[10]             Morocco, Algeria, Tunisia, Libya and Egypt.

[11]             Ukraine, Belarus, Moldova, Georgia, Armenia and
Azerbaijan.

[12]             Partnership between the EU and all 53 African States.

[13]             Process covering the EU and 19 countries in the east
(Western Balkans, Eastern Europe, Russia, Central Asia, Southern Caucasus and
Turkey).

[14]             Process covering the EU and 27 countries in Western,
Northern and Central Africa.

[15]             Consultative forum bringing
together more than 50 countries and 10 international organisations, including
China, Bangladesh, Pakistan, Afghanistan, Iran, Iraq, Syria, Turkey and the
countries of Central Asia.

[16]             FRONTEX is the European Agency
for operational cooperation at the external borders. EASO
is the European Asylum Support Office. ETF is the European Training Foundation.
TAIEX is the Technical Assistance and Information Exchange instrument managed
by the European Commission. MIEUX (Migration EU Expertise) is a Joint EC-ICMPD
initiative that aims at enhancing the migration management capacity of partner
countries.

[17]             COM(2011) 455 final.

[18]             The two examples are the project on Strengthening
Moldova’s capacity to manage labour and return migration within the framework
of the Mobility Partnership with the EU, and the Centre d’Information et de
Gestion des Migrations, based in Mali.

[19]             Relevant agencies are FRONTEX, EUROPOL, EUROJUST, the European
Police College, the European Asylum Support Office, the Fundamental Rights
Agency and the European Institute for Gender Equality.

[20]             European Council: First implementation report on the
Action-Oriented Paper on strengthening the EU external dimension on action
against trafficking in human beings.

[21]             As outlined in Commission Communication COM(2011) 637
on ‘Increasing the Impact of EU Development Policy: an
Agenda for Change’, the EU assists developing countries
with strengthening their policies, capacity and activities in the context of
both regional and global mobility of people. It supports the decent work agenda
and social protection and encourages policies to facilitate regional labour
mobility and will support targeted efforts to make full use of the
interrelationship between migration, mobility and employment.