13. Concerned that, in its legal acts so far, the Commission has submitted no proposals on a common
repatriation policy for asylum-seekers whose applications have been rejected, and calls on the Commissionto remedy this omission without delay;
14. Calls on the Commission to develop resettlement programmes for asylum seekers whose appli-
cations have been rejected, devoting particular attention to ethnic minorities and unaccompanied minors;
15. Calls on the Commission, the Council and the Member States to work closely together with the
UNHCR, the High Commissioner for Refugees, and other important international organisations in order toenable them to fulfil effectively their coordinating role in the reception of refugees in regions affected byconflict; appropriate financial support for the UNHCR from the Union and the Member States is urgentlyneeded;
16. Calls for the EU organisation, ECHO, which carries out good work, to cooperate even more closely
in many third countries with the relief organisations of the Member States and with the UNHCR, in orderto avoid the fragmentation of assistance and in view of the fact that providing relief to refugees in their
own region is generally preferable to large flows of refugees to distant countries; considers that EU del-
egations in third countries should play a coordinating role in this regard;
17. Considers that there is an urgent need to set up educational projects in refugee camps in regions
affected by conflict, as such projects can help prevent large groups of young people who are denied aneducation for a long period going to countries far from their native land; education should therefore comewithin the definition of humanitarian assistance;
18. Urges the Member States to make a formal request to the Commission for a Commission proposal
on asylum, prior to making use of the powers conferred upon them pursuant to Article67(1) of the ECTreaty, and urges the Council to give full consideration to the views of the European Parliament pendingthe forthcoming introduction of co-decision in this area;
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**
19. Instructs its President to forward this resolution to the Council and Commission.
8. Immigration policy
A5-0305/2001
European Parliament resolution on the Commission communication to the Council and the Euro-
pean Parliament on a Community immigration policy (COM(2000)757 fdash C5-0100/2001 fdash 2001/
2047(COS))
The European Parliament,
)dash having regard to the Commission communication (COM(2000)757 )dash C5-0100/2001),
)dash whereas, for the first time, the Treaty of Amsterdam confers on the Community powers and respon-
sibility in the fields of immigration and asylum,
)dash having regard to the conclusions of the Tampere European Council meeting of October 1999,
)dash having regard to Article15(3) of the Charter of Fundamental Rights of the European Union: ‘Nationals
of third countries who are authorised to work in the territories of the Member States are entitled toworking conditions equivalent to those of citizens of the Union’,C87E/130 EN 11.4.2002 Official Journal of the European Communities
Wednesday 3 October 2001
)dash having regard to Article63 of the EC Treaty,
)dash having regard to its resolution of 6 July 2000 on illegal migration and the discovery of the bodies of
58 illegal immigrants in Dover(1),
)dash having regard to the proposal for a Council Act establishing the Convention on rules for the admis-
sion of third-country nationals to the Member States(2),
)dash having regard to the Council Decision of 11 June 1992 on the establishment of a Centre for
Information, Consultation and Data Exchange on Asylum (CIREA),
)dash having regard to the Council Resolution of 4 March 1996 on the status of third-country nationals
residing on a long-term basis in the territory of the Member States(3),
)dash having regard to the Council Resolution of 20 June 1994 on limitation on admission of third-country
nationals to the territory of the Member States for employment(4),
)dash having regard to the Council Resolution of 30 November 1994 relating to the limitations on the
admission of third-country nationals to the territory of the Member States for the purpose of pursuingactivities as self-employed persons(
5),
)dash having regard to its resolution of 8 October 1998 on cooperation with Mediterranean countries on
matters of immigration(6),
)dash having regard to the Council Recommendation of 27 September 1996 on combating the illegal
employment of third-country nationals(7),
)dash having regard to the amended proposal for a Council directive on the right to family reunification(8),
)dash having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal
treatment between persons irrespective of racial or ethnic origin(9),
)dash having regard to the amended proposal for a Council Directive establishing a general framework for
equal treatment in employment and occupation(10),
)dash having regard to the proposal for a Council directive concerning the status of third-country nationals
who are long-term residents(11),
)dash having regard to the proposal for a Council regulation laying down a uniform format for residence
permits for third-country nationals(12),
)dash having regard to Rule 47(1) of its Rules of Procedure,
)dash having regard to the report of the Committee on Citizens’ Freedoms and Rights, Justice and Home
Affairs and the opinions of the Committee on Foreign Affairs, Human Rights, Common Security andDefence Policy, the Committee on Legal Affairs and the Internal Market, the Committee on Employ-ment and Social Affairs and the Committee on Petitions (A5-0305/2001),
A. whereas the Tampere European Council of 15/16 October 1999 emphasised the need to manage all
stages of migration flows more effectively (Conclusion 22),
(1) OJ C 121, 24.4.2001, p. 396.
(2) OJ C 337, 7.11.1997, p. 9.
(3) OJ C 80, 18.3.1996, p. 2.
(4) OJ C 274, 19.9.1996, p. 3.
(5) OJ C 274, 19.9.1996, p. 7.
(6) OJ C 328, 26.10.1998, p. 184.
(7) OJ C 304, 14.10.1996, p. 1.
(8) OJ C 62 E, 27.2.2001, p. 99.
(9) OJ L 180, 19.7.2000, p. 22.
(10) OJ C 62 E, 27.2.2001, p. 152.
(11) OJ C 240 E, 28.8.2001, p. 79.
(12) OJ C 180 E, 26.6.2001, p. 304.11.4.2002 EN C87E/131 Official Journal of the European Communities
Wednesday 3 October 2001
B. whereas the Tampere European Council expressly stated that ‘The European Union must ensure fair
treatment of third country nationals who reside legally on the territory of its Member States. A morevigorous integration policy should aim at granting them rights and obligations comparable to those ofEU citizens. It should also enhance non-discrimination in economic, social and cultural life anddevelop measures against racism and xenophobia’ (Conclusion 18),
C. whereas, with this Communication, the Commission has made an important contribution to imple-
menting the decisions of the Tampere European Council on migration policy, which are marked bynew political approaches,
D. whereas demographic trends show a slowing down in population growth, a reduction in the size of
the working population and an increase in the number of people aged over 65,
E. whereas the implications of those demographic trends are leading to concerns about the maintenance
of social security schemes and the economic damage caused by the lack of a corresponding number ofworkers with appropriate qualifications,
F. whereas several Member States have taken steps to legalise the situation of a large number of immi-
grants who are long-term residents in the Union without established residence status,
G. whereas the Member States ought to adopt legislative means of opening up legal channels for entry
into the EU, so as to make for structured immigration resulting in manageable migratory flows,
H. whereas legal immigration into the Member States is currently governed by national legislation, which
varies widely from country to country, and has increased sharply since the early 1990s, and whereas itis exacerbated by illegal immigration, trafficking in, and the smuggling, of human beings; recalls thatillegal residence and illegal employment marginalise and isolate large sections of the population, creat-
ing social and economic dysfunction in the Member States,
I. whereas the purpose of the future Community policy on immigration is to combat all the forms of
crime often linked to trafficking in human beings,
J. whereas more openness and transparency with respect to migratory movements, together with a
greater commitment to implementing labour law in the Member States, will help to reduce illegalimmigration, particularly its worst forms, namely smuggling and trafficking in human beings,
K. whereas some Member States have begun taking on labour from third countries in order to offset
shortages in certain categories of workers,
L. whereas it is desirable that the Member States should pursue an immigration policy within a Com-
munity framework of rules and procedures based on indicative target figures, taking into account thefact that there are differences between the Member States with respect, inter alia, to links with coun-tries of origin, integration policy and labour market needs,
M. whereas the situation in national labour markets and the immigration policies pursued by the indi-
vidual Member States differ so widely from one another that it is nearly impossible to lay down
detailed provisions at European level on which and how many workers will be authorised to enterand reside in the respective Member State, but that they may be laid down for the entry, residence andintegration of migrant workers,
N. whereas the problems resulting for the Member States from current demographic trends cannot be
resolved simply by immigration, and whereas more effective measures to develop human resources inthe EU and structural social and employment policy reforms are required,C87E/132 EN 11.4.2002 Official Journal of the European Communities
Wednesday 3 October 2001
O. whereas a properly managed immigration policy )dash combined with cooperation measures, including
information campaigns in the countries of origin of potential immigrant workers )dash would help tocombat illegal immigration,
P. whereas effective management of immigration presupposes the availability of reliable and detailed
statistics about immigration into the Union,
Q. whereas the EU has shared responsibilities for cooperation and development aid vis-à-visthe least-
developed and other countries and whereas, in accordance with its historic experience as a regionfrom which people emigrated, the EU should adopt an exemplary common immigration policy on apar with its economic importance and in accordance with that responsibility,
R. welcoming the creation, in the general budget for the 2001 financial year, of a preparatory action
(heading B7-667: ‘Cooperation with third countries on migration’) which is intended to restrict illegalimmigration and to strengthen democracy and the rule of law through the implementation of projectsand programmes for cooperation with countries of origin and of transit, but considers its funding andits objectives to be inadequate,
1. Notes that, pursuant to the Treaties of Amsterdam and Nice, as well as the outcome of the Tampere
European Council, various measures are to be taken and legal instruments adopted at EU and/or MemberState level with respect to migrant workers, asylum-seekers and temporary refugees;
2. Understands by the term ‘migrant worker’ a third-country national who, for the purpose of taking up
paid employment or pursuing activities as a self-employed person, enters the EU legally;
3. Welcomes the Commission document as an opportunity to debate thoroughly the most important
aspects of migration with a view to laying the foundations for a European policy in that field;
4. Welcomes the fact that, in its communication, the Commission is making a first attempt to discuss
the complex issue of migration as a whole and, in so doing, to highlight migration on economic groundsand to propose the properly managed reception of migrant workers in accordance with the Member States’requirements and capacities;
5. Welcomes, given the emphasis in the communication on the immigration of skilled labour, a long-
term in-depth discussion on measures to mitigate negative effects (i.e. brain drain) and promote positiveeffects (e.g. migrant participation in development projects, etc.) in the migrants’ home countries, as well asthe role of partnerships and Union programmes in this context; points out the importance of cooperationand networks on labour market issues between regions inside and outside Member States;
6. Regrets that the need for partnerships between the Union and countries of origin and transition,
though stressed by the Tampere European Council, has not been further developed in the communication,
calls for the Commission to include this in its work in the near future;
7. Notes, further, that, in the short term, immigration may well contribute to population growth and to
offsetting sectoral labour shortages but that, in the long term, it cannot counter demographic shifts andsolve the problems )dash such as the maintenance of social security schemes )dash resulting therefrom;
8. Supports the right of long-term residents who are third-country nationals and lawfully resident in a
Member State to freedom of movement and residence within the European Union;
9. Recalls that, pursuant to Rule 174(10) of its Rules of Procedure (Right of petition), citizens of third
countries may lodge petitions;11.4.2002 EN C87E/133 Official Journal of the European Communities
Wednesday 3 October 2001
10. Endorses the Commission’s view that a well-shaped Community immigration policy could counter-
act undeclared work and thus contribute to action against unemployment and promote stable, secureemployment; points out that undeclared work has a significant negative impact on public finances andleads to the evasion of rules on health and safety at the workplace, agreements on working hours andminimum wages and distorts cooperation between the social partners;
11. Stresses the need to take action against those who knowingly supply, employ and exploit illegal
migrants;
Managing immigration
12. Takes the view that the various historical, economic and social features in the individual Member
States make it impossible to lay down a uniform requirement in labour from third countries which wouldcover the entire territory of the Union and that the Union has no powers in law in this field;
13. Welcomes measures to regulate freedom of travel for third-country nationals resident in the Union;14. Notes that immigrants are expected to respect the community of values )dash as set out in the EU
Charter of Fundamental Rights )dash and to show a willingness to integrate into society in the Member States,
but stresses that Member States are also obliged to respect the rights and freedoms of third-country
nationals; takes the view that integration into society in the Member States must be promoted;
15. Considers that, among integration measures, special emphasis should be placed on the various
forms of political involvement and in particular the right of long-term residents to vote in local elections;
16. Stresses that migrants’ countries of origin must be consulted on the ‘brain drain’ issue, while the
question of admission of students and researchers on the basis of our national needs and the interests ofthe third countries should be addressed in parallel;
17. Stresses, like the Commission, that EU legislation should provide for a flexible overall scheme based
on a limited number of statuses designed so as to facilitate rather than create barriers to the admission ofeconomic migrants;
Framework legislation at European level
18. Calls, therefore, on the Commission and Council to lay down uniform European framework legis-
lation which covers at least:
(a) the conditions governing entry and residence for migrant workers,(b) a flexible, coherent concept for the issuing of visas,(c) a graduated system of residence permits for migrant workers,(d) mobility within the Union of third-country nationals holding a residence permit for one Member State
and the conditions for free movement of third-country nationals within the Union;
19. Calls for Parliament to have a clear role in this process;20. Considers that current procedures do not allow the Union and its Member States to establish an
effective immigration policy in a democratic manner; calls for the introduction of democratic and trans-parent decision-making processes, through the application of Article251 of the EC Treaty to decisions inthis field;
21. Calls on the Commission to make use of the experience of the Member States who have taken in
and integrated waves of immigrants in previous decades;C87E/134 EN 11.4.2002 Official Journal of the European Communities
Wednesday 3 October 2001
22. Calls on the Commission to issue a proposal for the introduction of a combined work and residence
permit for immigrants, allowing free movement within the Union while restricting in the short term theright to live and work to a single Member State, for short-term residents;
23. Endorses the Commission’s view that practical tools for recruitment from third countries are
needed; stresses that systems developed for this purpose should be non-bureaucratic, uncomplicated andadmit successful and quick recruitment; acknowledges the particular needs of SMEs for high-quality,reliable information, training and support; proposes to examine both the development of the EURES net-work and the development of effective schemes under the aegis of the Commission and involving thesocial partners;
24. Calls, therefore, for each Member State to retain the power to lay down, on the basis of its labour
market requirements, its demographic trends and its capacities for accommodating migrant workers, theskills profile and the number of migrant workers that it requires; believes that national admission ofmigrants should be based on indicative targets and a list of requested skills and qualifications identifiedby the social partners and regional/local authorities on an ongoing basis;
25. Asks the Council, the Commission and the Member States to take the appropriate measures to
ensure application of EU policies for the professional and social integration of migrant workers in particu-lar for women, who face difficulties in entering the labour market;
26. Expects the Council and Commission to take due account of the forthcoming enlargement and its
possible implications for Member States’ labour markets when drawing up its immigration policy and, asaccompanying measures, to work together with the countries of origin of potential migrants, informingthem of genuine employment prospects and requirements in the Member States, and to implement stra-tegies to combat illegal immigration;
27. Calls on the Commission and Council to support social, statistical, economic, geographical, legal
and political research in these areas, inter alia by establishing a European migration network;
28. Calls on the Commission and Council to promote the foundation and operation of the European
Migration Network which will assist in creating a uniform registration system and producing reliable anddetailed data on migration;
29. Stresses the importance of close links between an immigration policy and the Employment Guide-
lines; calls on the Commission to further discuss and develop how the Employment Strategy will beeffected by a Community immigration policy and how migrants will make a contribution in this area;
30. Hopes that an EU initiative will be launched for the purpose of supporting the efforts made by the
countries of origin in order to encourage the return of skilled immigrants working in the EU;
31. Calls on the Commission to draw up a report on the impact which the forthcoming enlargement is
likely to have on the movement of migrants to the enlarged European Union of the future and to includein that report an analysis of the effects which applying the Schengen visa system would have on trade andcross-border cooperation between the applicant countries and their neighbours to the east;
Fine tuning at national level
32. Calls on the Member States to gear authorisation for entry and residence in their territory to the
requirements of their own labour markets, with the long-term objective of migrant workers becomingintegrated into local society;
33. Calls on the Member States to enforce strictly labour inspection rules and legislation outlawing
worker exploitation in order to combat illegal employment;
34. Stresses that the Member States should find solutions for immigrants who are residing illegally;
considers that the of Member States should also combat illegal employment and thwart the activity ofnetworks of traffickers;11.4.2002 EN C87E/135 Official Journal of the European Communities
Wednesday 3 October 2001
35. Expects, therefore, that, with a view to the successful integration of migrant workers, the Member
States will take account of the availability of a job, accommodation and educational opportunities forchildren as a precondition for the issuing of residence permits;
36. Urges the Member States to take decisions on authorisation of residence irrespective of the gender,
race, ethnic origin, religion or philosophy of life, disability, age or sexual orientation of the third-countrynational concerned;
37. Urges the Member States, further, to fill job vacancies initially with third-country nationals already
resident in the Member States and to recruit further migrant workers only as a fallback;
38. Urges the Member States to devise information campaigns to heighten public awareness of the
phenomenon of immigration and the objectives of national and European policies, and to provide theircivil servants with information and training in legislation and European programmes in order to establishmore rational and efficient methods for the reception and integration of immigrants;
39. Urges each Member State, finally, to monitor immigration into its territory with the aid of a uni-
form statistical system and to forward that data to the Commission annually so that it may monitor immi-gration flows and assess the overall impact and put forward targets with a view to future approximation ofimmigration laws;
40. Stresses in this connection that databases on third-country nationals have been set up in a number
of Member States without any particular data protection being provided for; calls therefore for the dataprotection provisions that apply to Member State nationals to be applied to third-country nationals as well;
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**
41. Instructs its President to forward this resolution to the Council and Commission and to the parlia-
ments of the Member States.
9. Arms exports
A5-0309/2001
European Parliament resolution on the Council’s Second Annual Report according to Operative
Provision 8 of the European Union Code of Conduct on Arms Exports (13177/1/2000 fdash C5-0111/
2001 fdash 2001/2050(COS))
The European Parliament,
)dash having regard to the Council’s Second Annual Report according to Operative Provision 8 of the
European Union Code of Conduct on Arms Exports (13177/1/2000 )dash C5-0111/2001)(1),
)dash having regard to Article3 of the Treaty on European Union, on consistency in the Union’s external
activities, and to Article11, on the objectives of the Common Foreign and Security Policy,
)dash having regard to the EU’s Development Declaration of May 2000 with its commitment to policy
coherence, including coherence between the EU’s policy on arms exports and the EU’s developmentobjectives,
)dash having regard to the Guidelines on EU Policy towards third countries on torture and other cruel,
inhuman or degrading treatment as adopted by the General Affairs Council on 9 April 2001,
(1) OJ C 379, 29.12.2000, p. 1.C87E/136 EN 11.4.2002 Official Journal of the European Communities
Wednesday 3 October 2001