EN    EN EN 
 
EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 17.6.2008 
SEC(2008) 2027 
COMMISSION STAFF WORKING DOCUMENT 
 
Accompanying the 
 
COMMUNICATION FROM THE CO MMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMI TTEE OF THE REGIONS 
 
on common principles for the further deve lopment of the Common Immigration Policy: 
a platform for a new European approach 
  
SUMMARY OF THE IMPACT ASSESSMENT  
 
{COM(2008) 259 final} 
{SEC(2008) 2026} 
 
EN 2   EN 1. INTRODUCTION 
This report has been drafted by the Directorate-General fo r Justice, Freedom and Security 
with input from a number of other services of the Commission. It is a simplified version of an 
impact assessment insofar as it only consists of a problem definition which takes into account 
the existing acquis, an overview on the main or ientations (explanatory memorandum), and an 
insight into the future methodology. The fo llowing measures implementing the common 
principles will be subject to a full impact assessment. 
Immigration is a complex issue and has become one of the most visibl e challenges posed by 
globalisation to EU Member States. Realising that a new approach to managing migration was 
necessary, EU leaders set out the elements for a common EU immigration policy at the 
October 1999 European Council in Tampere, building on the new provisions adopted by the 
Treaty of Amsterdam. The approach agreed in Tampere in 1999 was confirmed by The Hague 
Programme (2004-2009). In December 2007 the Eu ropean Council asked for further policy 
developments and rapid progress towards a Comprehensive EU Immigration Policy on the 
basis of a renewed political commitment.  
2. PROBLEMS  AND  CHALLENGES  TO TACKLE  (PROBLEM DEFINITION ) 
2.1. SHRINKING EU POPULATION  AND DEMOGRAPHIC AGEING 
As a result of diverse shifts in demographic fe atures of the EU population, and further to the 
withdrawal from the labour ma rket of the baby boomers cohor t, the working age population 
will face, in the coming years,  a sizeable decline. The doub ling of the old-age dependency 
ratio, a growing pressure on the health-care and long-te rm care system, as well as the pension 
expenditure and a declining a nnual average potential GDP grow th rate in the EU-25 are 
projected. Against this backdrop, migration has become a major determinant of demographic 
evolution in the EU since over recent years it  has outweighed the contribution from natural 
change. 
2.2. LABOUR AND SKILLS SHORTAGES 
A number of Member States already encounter labour and skills shortages, exacerbated by a 
low mobility of workers across the EU. According to recent me dium term forecasts, demand 
for many high-skilled non-manual jobs but also  for some lower-skilled categories will 
continue growing. Non-EU nationals already play an important role in meeting labour market 
demands, since working age migrants from third countries tend to be sl ightly overrepresented 
at the highest skill levels and more significantly  overrepresented at the lowest skill levels. In 
order to attenuate the labour market shortages, improving the labour market performance of 
non-EU residents and, in the short term, set up strategies aiming at  attracting new labour 
migrants, are therefore needed.  
2.3. INSUFFICIENT INTEGRATION OF LEGAL IMMIGRANTS  
Effective sharing of information, coordinating w ith all tiers of author ities and stakeholders 
and paying due attention to gender issues and the specific need s of migrant youth and 
children, are still major challenges. The capacity to collect, analyse and disseminate integration-related information, as well as mon itoring, evaluation of inte gration policies and 
identification of specific indicators are to date insufficient. Structural initiatives targeting the 
host population to reinforce its ab ility to adjust to diversity as well as  participation of 
immigrants in the elaboration of integration policies are still under represented in national 
 
EN 3   EN strategies. Improving the educatio nal attainment of non-nationals , their integration into the 
labour market and knowledge of the host soci ety and of its language , ensuring that all 
immigrants understand, respec t and benefit from the full scope of values and rights 
established by the EU and Member State la ws, promoting non-discrimination and equal 
opportunities are also key issues  of integration policies.  
2.4. CONTINUOUS PRESSURE OF ILLEGAL IMMIGRATION  
From a security perspective, illegal immigration may be linked with terrorism, trafficking in 
human beings, smuggling of drugs and weapons, e xploitation, slavery-like working conditions 
and other serious crimes. Besides, illegal immigr ation is often associated with humanitarian 
tragedies, linked to attempts to enter into the EU territory with the help of criminal networks. 
Moreover, illegal entry, transit and stay unde rmine the credibility of the EU and Member 
States' immigration policies and results in mu ltiple and diverse social costs. Illegal 
immigration is maintained by insufficient return measures, boosted by criminal networks 
engaged in smuggling and trafficking, and fed by the possibility of finding work and the 
prospect of a regularisation.  
2.5. AN INSUFFICIENT PARTNERSHI P WITH THIRD COUNTRIES 
In the last decades the European Union has be come a destination continent for immigrants 
from various parts of the world and the volume of this migration has been growing until the 
early 2000s. Economic reasoning underpins all deci sions to migrate; however, the process is 
complex and susceptible to a number of addi tional factors search of better livelihoods, 
underperforming governance, bad business climate due to corruption and instability, disrupted 
labour markets, natural disaster s and conflicts, etc. The attenua tion of the root causes of 
migration is an important element of the Global Approach.  
2.6. INSUFFICIENT ADAPTATION OF BORDER MANAGEM ENT AND VISA 
POLICY TO THE NEEDS OF A GLOBALIZED WORLD  
Given that border controls are a key component in the fight agai nst illegal immigration and in 
countering cross-border crime, it is indispensabl e to ensure an efficient and extensive border 
control. Two areas are of partic ular importance to ensure the efficiency of borders controls: 
identification of overstayers a nd strengthening of surveillance at  borders. At the same time, 
most of the passengers do not pose  any threat to secu rity and should be ab le to cross borders 
in a streamlined and not too burdensome manner . Moreover, the appro ach of national visas 
giving access to the entire Sche ngen territory do not allow for full equal treatment of all 
applicants, nor for a fully harmonised application of  the criteria for security checks. Finally, in 
a number of countries applicants may have to  travel long distances in order to reach a 
consulate of a Member State. 
2.7. UNSATISFACTORY GOVERNANCE OF MIGRATION 
Asylum and immigration measures  taken by one Member State ar e more than likely to have 
an impact on other Member States; this is a consequence of the absence of border checks in 
the Schengen area, the common visa policy, the tight economic and soci al relations between 
EU Member States and the development of common immigration and asylum policies since 
the entry into force of the Treaty of Amsterdam. Due to the transnational nature of migration issues, national measures prove to be insufficient and action needs to be taken at an EU level, 
e.g. to set out common rules across Europe, de liver a common message towards prospective 
migrants or negotiate with third countries. A parallel and harmonious development of national 
 
EN 4   EN and Community asylum and immigration policies is therefore needed. This has so far been 
hindered by a number of factors, including the unanimity rule in the Council, the low level of 
mutual information, the lack of comparable Community statistics, an uneven share of 
responsibilities, an insufficien tly comprehensive approach of migration and weak monitoring 
and evaluation mechanisms. 
3. WHAT  ARE  THE  MAIN  POLITICAL  ORIENTATIONS  AND  OBJECTIVES? 
Based on the needs and problems analysis outlin ed above, and on the EC legal and political 
framework in the immigration and borders policy area, a series of objectives for the further 
development of the common policy should be se t out. The European Council already decided 
on a number of objectives and policy options: indeed, with two exceptions - the issue of 
regularizations, and the active involvement of  social partners and regional and local 
authorities - all of the objectives of this policy have already been fixed at the highest political 
level. 
The Commission has compiled and summarised these objectives into  eleven principles. Each 
of these principles shall be translated in concrete policy options and operational measures, 
which should constitute the contribution from  the Commission's side to the major policy 
debate which shall take place in 2009 in order to  define the specific contents of the successor 
of The Hague Programme (2009-2014)  in the field of immigration. 
Principle 1 – Clear rules  
Drawing up clear and transparent rules is a pre-re quisite for the definition of an efficient and 
effective migration policy. Migrants should th erefore be provided with objective and clear 
information on the diverse existing legal channels to be admitted in Europe, on their future rights and obligations, includi ng to respect the basic values  of the European Union, and 
should also be provided, in orig in and destination countries, with concrete and realistic 
possibilities to fulfil the requirements enabling them  to be issued with a visa and a residence 
permit. The objective of better integration will also follow from an enlarged set of rights 
granted to third-country nationa ls, who should benefit as far as  possible from the same rights 
as EU citizens. 
Principle 2 – Economic migration 
 
Benefits of migration are maximized when th e economic needs of the host society are taken 
into consideration, without, of course, prejudi ce to forms of migration other than labour 
migration. As regards economic migration, conditi ons of admission should, as far as possible, 
build on a needs assessment – to which the upcoming assessment of the future skills requirement in Europe until 2020 will contribut e –, immigration profil es and labour matching 
policies, using possibly training  in countries of origin. This  policy therefore accompanies 
employment and education po licies seeking to harness existing potential and to reduce 
unemployment of third-country nati onals already legally residing in the EU, and is also to be 
carried out in full respect of the principle of Community preference. 
Principle 3 – Integration 
 
Integration of third-country nationals is a process of mutual accommodation by both the host 
societies and the immigrants, and is an essential factor in realising the full benefits of 
immigration. The mainstreaming approach base d on the Common Agenda for Integration has 
already been followed and shoul d be further strengthened. Speci fic integration programmes 
for newcomers, adaptation of public services to  migrants' particularities, fighting against 
 
EN 5   EN discrimination, promotion of diversity manageme nt at the work place and awareness raising 
amongst all actors concerned, fall under the obl igations of the host society. Gender issues 
should be paid specific attenti on. Development of indicators a nd regular evalua tion are also 
indispensable prerequisite for improving the situation. 
Principle 4 – Political solidarity, mutual trus t, transparency, shared responsibility and 
information  
In order to achieve efficiency and coherence in  migration policies at national and EU level, it 
is necessary further to strengthen coordi nation between the diffe rent competent tiers. 
Coordination requires that, at Member State level,  as well as at the EU level, migration policy 
is designed and implemented in a transparen t manner, and in full compliance with the 
competencies of each level. To that end, the Mutual Information System mechanism, created 
in 2006, exchange of information, as well as exch ange of best practices, should be further 
promoted, allowing to establish mutual trus t and to send clear and unambiguous messages. 
Principle 5 – Solidarity  
Financial solidarity is a valuable tool ensuring a similar application of  Community legislation 
and policies without imposing a disproportionate task on i ndividual Member States and 
promoting mutual trust through cooperation, disse mination of best practice and enhancement 
of knowledge. Designed as a flexible inst rument, implementation of the Framework 
Programme needs to be carried  out at regular intervals. Total appropriations of the 
Programme, in the context of the budget review  2009, as well as the distribution key for the 
allocation of the resources to the Member States, will be questioned, following an evaluation 
of the implementation, with a view to  adapt to new national situations. 
Principle 6 – Need for a genuine partnership with third countries  
An effective management of migration flow s requires a genuine pa rtnership with third 
countries. This implies that the EU needs to work much closer during the coming years with 
partner countries on opportunities for legal mobility, building capacities for migration 
management, a better matching between la bour markets trends and human capital 
development, protecting fundamental rights an d fighting irregular flows. Moreover, more 
resources will be focused on compliance with g ood standards at work, and the EU will further 
develop policies on ethical recruitment, preven tion and mitigation of brain drain and brain 
waste, possibilities for ci rcular migration, harnessing the development potential of 
remittances, facilitating returnee entrepreneur businesses. Exploratory work is taking place on mobility partnerships, paving the way towards firm arrangements for the management of 
labour immigration, with selected  long-term strategic allies.  
Principle 7 – Enhance security and facilit ate the entry of bona fide travellers
 
It is necessary to build on the achievements currently under way with a greater degree of 
harmonisation, through the proposed visa code  and increased coopera tion between Member 
States. Only development towards truly European short-stay visas will ensure an equal treatment of all visa applicants. A logical and necessary development towards managing the 
visa applications at common European visa centres should accompany the move toward 
European visas. The pooling of resources and the economies of s cale that would be achieved, 
would also ensure easy access of applicants to the premises where such visas would be issued. 
 
EN 6   EN Principle 8 – Integrity of Schengen territory  
Diverse responses are needed, including action to  develop border surveillance, measures to 
reinforce the operational coordination betw een Member States through FRONTEX, and 
introduction of an entry-exit system to record the dates of entry and ex it of each third-country 
national admitted to the Schengen area. It is also necessary to ensure coherence between 
internal and external policies in the field of border management. A more strategic approach in 
selecting key partners for this purpose is need ed, with a clearer definition of comprehensive 
long-term objectives. The mechanisms for en suring burden-sharing and mutual solidarity 
between Member States in managing the EU's external borders must also be continuously 
refined. 
Principle 9 – Enhancing the fight agains t illegal employment and undeclared work  
Initiatives in this area should focus on prev ention, sanctions and enforcement and must 
involve European institutions, Me mber States and key stakeholde rs, such as social partners. 
An important step forward will be made with  the adoption of the proposal for a Directive 
providing for sanctions against employers of illegally staying third-country nationals1. 
Incentives towards declared work should be bolst ered and further effort s to enforce sanctions 
should be undertaken, materia lising in additional national fi nancial and human resources, 
including the establishment of specialised control bodies, risk analysis, enhanced coordination 
and a better evaluation of contro ls. Moreover, legislation, m onitoring and sanctions schemes 
must adapt to new kinds of fraud such as sub-contracting and false self-employment. 
Principle 10 – Fighting smuggling of mi grants and trafficking in human beings  
National and Community legislation must be reviewed in order better to reflect new criminal 
phenomena and to offer an enhanced protection to victims. Accordingly, existing the legal 
framework on the facilitation of illegal entry a nd stay as well as the sexual exploitation of 
children should be strengthened and adapted to today's reali ties. Moreover, it should be 
ensured that investigative techniques, fundi ng of civil society organisations, and more 
generally all prosecution and protection measur es are endowed sufficient resources by 
Member States. On the other hand, owing to th e cross-border nature of the phenomena, EU 
action should be stepped up at regional and inte rnational level, especially making use of 
international instruments against human trafficking. 
Principle 11 – Sustainable and effective return policy – regularisations  
An effective readmission and return policy, whilst respecting the human rights and 
fundamental freedoms of the person concer ned, requires an im proved operational co-
operation among Member States, an enhanced ro le of FRONTEX in supporting joint return 
operations, and intensified coopera tion and partnership with thir d countries and the setting up 
of common standards. Furthermor e, experience has shown that is  indispensable to go beyond 
the Council Decision of 5 October 2006 on the establishment of a mutual information 
mechanism concerning Member States' measures in the areas of asylum  and immigration, in 
particular when it comes to regularisation meas ures, which could have spill-over effects on 
other Member States. 
                                                 
1 COM(2007) 249, 16.5.2007. 
 
EN 7   EN 4. FUTURE  METHODOLOGY:  BETTER  GOVERNANCE  OF IMMIGRATION 
Immigration, being a complex and multifaceted  phenomenon, requires a mixture of policy 
actions covering a wide range of issues and fi elds: demographic constraints, economic needs, 
social expectations, health impacts, trade commitments, development needs, education 
opportunities, security dimension, etc. Moreover, as a consequence of a shared competence policy area, coordination between the EU and the national level, especially on economic, 
social and development policies, must be si gnificantly fostered. Timely, transparent and 
systematic consultation of all re levant stakeholders on further policy developments has to be 
ensured. 
Any further policy development will have to take into account the immigration situation in 
each Member State with regard to stock and flow data. To this end, specific immigration 
profiles should be developed for each individual Member State, in  order to establish the skills 
composition of the existing immi grant population, and possible fu ture labour needs. On the 
basis of individual immigration profiles, mu ltiannual guidelines and objectives should be 
defined. It is also necessary to devise ev aluation and monitoring mechanisms providing 
regular feedback to policy makers. To allow for policy improvements, quantifiable performance indicators and benchmarks should be developed. Availability of statistics and of 
the necessary analytical capacity is a key co mponent in the development of any evaluation 
system. Annual immigration reports by the Eu ropean Commission should be presented to 
provide a comprehensive overview, analyse po ssible labour market needs and allow the 
Council to make a political assessmen t and issue policy recommendations.