EN    EN EN 
EN    EN  EUROPEAN COMMISSION 
Brussels, 6.5.2010 
SEC(2010) 534 final 
  
COMMISSION STAFF WORKING DOCUMENT 
ANNEXES  
 
 
accompanying the 
 
COMMUNICATION FROM THE CO MMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 
 
Action Plan on Unaccompanied Minors (2010 – 2014) 
    
{COM(2010) 213} 
EN 2   EN COMMISSION STAFF WORKING DOCUMENT 
Annexes to the Action Plan on  Unaccompanied Minors (2010-2014) 
This Commission Staff Working Document in cludes two annexes to the Action Plan on 
Unaccompanied Minors (2010-2014). The first one outlines an overview of the EU’s policy 
framework and tools for the prom otion and protection of the right s of the child, relevant to 
unaccompanied children and the main requirem ents of the UN Conven tion on the Rights of 
the Child. It also outlines the main provisions in  the EU legislative and financial instruments 
on asylum, immigration and trafficking in human beings addressing the specific situation of 
unaccompanied minors and provides examples of concrete projects financed by the EU to 
support Member States and third-countries in addressing different aspects of this 
phenomenon.  
The second annexe lists the main  international and EU instrume nts – directly or indirectly 
addressing unaccompanied minors – which have b een adopted or proposed, as well as the 
main EU documents and studies on the subject. Data and factual information used as a basis 
for the Action Plan can be found in the Euro pean Migration Networ k Synthesis Report on 
'Policies on Reception, Return and Integration for, and numbers of, Unaccompanied Minors – 
An EU Comparative Study' and in the Member States' reports1.  
 
ANNEX I 
I. A N OVERVIEW OF THE POLICY FR AMEWORK FOR THE PROMOTION AND 
PROTECTION OF THE RIGHTS OF THE CHILD  
1. EU STRATEGY ON THE RIGHTS O THE CHILD  
1.1. General objectives 
With the aim of developing a common basis for effective protection and promotion of 
children's rights in internal and external EU policies, th e Commission adopted in 2006 the 
Communication 'Towards an EU stra tegy on the Rights of the Child'.  
The main objective of this document was to es tablish an EU strategy which would encompass 
a broad number of dimensions of the EU children' s rights policy. One of its specific objectives 
is to maximise the use of existing policies and instruments in order to address urgent needs 
concerning trafficking and exploitation.  
The European Union has a responsi bility to ensure that its own activities respect the standards 
set by the 1989 UN Convention on the Rights of the Child2 and to promote and protect 
                                                 
1 See EMN website:  
http://emn.sarenet.es/Downloads/prepareShowF iles.do;jsessionid=6363CAFD8D18C0094C099F5D523
DC770?directoryID=115 
2 Case C-540/03  European Parliament v Council of the European Union , para 37. 
EN 3   EN children's rights in all its actions affecting ch ildren. All EU policies are potentially concerned 
by the rights of the child – i.e.  the principle of the primacy of  the interests of the child, the 
child's right to life, survival and developmen t, non-discrimination and respect for the child's 
opinions – as stated in Article 24 of the EU Charter of Fundamental Rights and in the United 
Nations Convention on the Rights of the Child. 
As announced in the Stockholm Programme, the Commission will further develop its Strategy 
on children's rights with a more focused appr oach. Particular attent ion will be paid to 
protection of the rights of th e most vulnerable children.  
1.2. Children's' Rights in the External Relations 
As part of the EU Strategy on the Rights of the Child, the European Union is firmly 
committed to promoting children’s rights and responding to their basic needs as an integral part of both its internal and ex ternal policies. As regard external aspects, it is based on the 
existing policy framework that involves an activ e promotion of the rights of the child as an 
integral part of the EU’s external policy on human rights, including in development, 
humanitarian, peace and security context. 
• EU Guidelines on Children in Armed Conflicts (2003, updated 2008) 
This policy document commits the EU to address the short, medium and long term impact of 
armed conflict on children, making use of the va riety of tools at its disposal, and building on 
past and ongoing activities. Some  of the actions provided in th e Guidelines include: tracing of 
family members, redress and social reintegr ation, psycho-social rehabilitation programmes, 
participation in disarmament, demobilisation a nd reintegration programmes as well as within 
transitional justice frameworks. The Guidelines also recognise that girls and those children, 
who are refugees, displaced, separated, abducted, affected by HIV/AIDS, disabled, subject to 
sexual exploitation or in detention are particularly vulnerable. The EU focuses the implementation of the Guidelines on 19 prior ity countries, which are in accordance with the 
priority list of the Special Representative of the UN Secretary General for Children in Armed 
Conflicts. 
• EU Guidelines on the Promotion and Prot ection of the Rights of the Child (2007) 
This EU policy document aims to promote the right s of the child worldwide, in particular by 
advancing the implementation of the UN Conven tion on the Rights of the Child and its two 
Optional Protocols and by ensuring th at the rights of the child are taken into account in all EU 
policies and actions. In the first phase, the implementation of the Guidelines focuses on 
combating all forms of violence against childr en, with a special focu s on 10 pilot countries 
selected by the EU after consulting other stakeholders. In the c ontext of unaccompanied 
children, the Guidelines address the specific s ituation of vulnerable ch ildren who experience 
threats to survival, lack opport unities for quality educ ation, proper health a nd social care; are 
victims of worst forms of child labour, sexu al exploitation and abuse, diseases, armed 
conflict, various forms of violence; are for ced into early marriages and have to endure 
harmful traditional practices. 
• Commission Communication “A Special Place for Children in the EU’s External 
Action” (2008) 
The Communication identifies the policy framew ork, priority areas, programming tools and 
guiding principles to progress on children’s  rights in selected priority areas: 
EN 4   EN – Development cooperation – by making full use of development cooperation and poverty 
eradication measures designed to ad dress the root causes of poverty; 
– Trade policy – by ensuring childre n’s rights protection as part  of a broader agenda of 
sustainable development and in bilateral agreements; 
– Political dialogue – through systematic co nsideration of the implementation of 
commitments under the Convention on the Ri ghts of the Child in such dialogues; 
– Regional and global actions – by appropriate actions at a regi onal and at the global level 
addressing issues that have  a supra-national character; 
– Empowerment of children – by addressing the lack of capacity to meet obligations with 
regard to children’s rights by empowering childr en and adolescents to play an active role in 
those matters that affect them directly; 
– Children in humanitarian aid - by addressing, inter alia, thr ee crucial issues related to 
children during crises and emergencies: se parated and unaccompan ied children, children 
associated with armed forces  or armed groups and children’ s education in emergencies. 
The Communication is accompanied by the Action Plan and Staff Working Paper. 
• Council Conclusions on the promotion and protec tion of the rights of the child in the 
European Union's external action the development and humanitarian dimensions 
(2008) 
In this policy document, the Council of the European Unio n underlines its commitment to 
enhance the EU’s-wide external policy on childr en’s rights especially in development and 
humanitarian dimensions, focusing on the most  vulnerable groups and r ecognising the need to 
progress on achieving the Millenni um Development Goals. In the context of unaccompanied 
children, the Council highlighted the need to address the issue of separated and 
unaccompanied children, including measures to prevent separation, to re-establish family 
links and to support orphans and vulnerable children affected by HIV/AIDS; children 
associated with armed forces or armed groups , in line with the 2007 Paris Commitments and 
Principles, in particular in the areas of preventing their recruitment and ensuring their 
unconditional release an d reintegration, with special at tention being paid to girls. 
2. PROVISIONS OF THE UN CONVENTION ON THE RIGHTS OF THE CHILD RELEVANT 
TO UNACCOMPANIED CHILDREN  
The UN Convention on the Rights  of the Child (CRC), which ha s been ratified by all EU 
Member States, lays out the fundamental human  rights of children. It also provides for the 
protection, care and proper trea tment of unaccompanied child ren, as interpreted by the UN 
Committee on the Rights of the Child in its General Comment No. 6 (2005).  
Provisions relevant to unaccompanied children: – Legal obligations and impl ementation measures of State parties (art. 4)  
– Non-discrimination (art. 2) 
– Best interest of the child (art. 3)  
EN 5   EN – The right to life and de velopment (art. 6)  
– The right of the child to e xpress their views (art. 12) 
– Confidentiality (art. 16)  
– Initial assessment measures (art s. 8, 9 (3), 10 (2), 22 (2))  
– Protection of the child, guardian or adviser and legal representa tive (arts. 18 (1), (2) and 20 
(1))  
– Care and adoption arrangements (arts. 20, 21)  
– Full access to education, cultural,  religious and linguist ic rights (arts. 28, 29 (1) (c), 30, 32)  
– Right to an adequate sta ndard of living (art. 27)  
– Right to health (arts. 23, 24 and 39)  
– Prevention of trafficking and of sexual and other forms of exploitation, abuse and violence 
(arts. 34, 35 and 36) 
– Prevention of military recruitment and protecti on against effects of war (arts. 38 and 39)  
– Prevention of deprivation of liberty and tr eatment in cases thereof (arts. 31, 37)  
– Access to asylum pr ocedure (art. 22)  
– Procedural safeguards and support measures (art. 3(3), 22(1))  
– Full enjoyment of all international refugee and human rights by chil dren granted refugee 
status (art. 22)  
II. P ROVISIONS IN THE EU LEGISLATIVE AND FINANCIAL INSTRUMENTS ON ASYLUM , 
IMMIGRATION AND TRAFFICKING IN HUMAN BEINGS ADDRESSING THE SPECIFIC 
SITUATION OF UNACCOMPANIED MINORS  
1. ASYLUM POLICY  
1.1 Legislation 
In the development of a Common European Asylum System, particular attention is paid to the 
protection of children as a general rule, notably by  always referring to the best interests of the 
child. Specifically, each legisl ative act addresses the vulnerable situation of minors: 
EN 6   EN • Directive on “Reception conditions”3 
This Directive lays down minimum standards for the reception of asylum seekers in Member 
States. 
Firstly, concerning the situation of minors in general, the Directive specifies that the best 
interests of the child shall be a primary cons ideration for Member States when implementing 
relevant provisions that involve minors (A rticle 18). Moreover, it introduces certain 
entitlements such as the right to family unity (Article 8), access to educ ation (Article 10) and 
to rehabilitation services, incl uding appropriate mental health care and qualified counselling, 
for those minors who have been victims of any fo rm of "abuse, neglect,  exploitation, torture 
or cruel, inhuman and degrading treatment, or who have suffered from armed conflicts". 
Secondly, the Directive includes sp ecific provisions for unaccompanied minors. In particular, 
Member States are required to ensure re presentation of the unaccompanied minor by 
appointing a legal guardian, a person acting on beha lf of an organisation responsible for the 
care and well being of minors, or any other a ppropriate representation and to ensure that 
regular assessments are carried out by the appropriate authorities. 
Concerning accommodation arrangements, Member  States are required to ensure that 
unaccompanied minors are placed with adult rela tives, with a foster-family, in reception 
centres with special provisions for minors or in other suitable accommodation. Member States 
may, however, place unaccompanied minors aged  16 or over in accommodation centres for 
adult asylum seekers. The Directive further specifi es that as far as possible, siblings shall be 
kept together, taking into account the best interests of  the minor concerned and, in particular, 
his / her age and degree of ma turity. Changes of residence of unaccompanied minors shall be 
limited to a minimum. Furthermore, the Direc tive stipulates that Member States shall 
endeavour to trace the family  members of unaccompanied minors as soon as possible with 
due regard for their safety. Finally, it ensure s that those working with unaccompanied minors 
shall have had or receive the appropriate training. 
Taking into consideration the evaluation of the implementati on of the Reception Conditions 
Directive during the first stage of the Comm on European Asylum Sy stem, the Commission 
adopted on 3 December 2008 an amending proposal4 aimed at ensuring better and more equal 
standards of treatment for asylum seekers. 
The proposal aims inter alia  to ensure an adequate standard of living for all persons with 
special needs including minors by, for example, re quiring Member States  to set up national 
procedures in order to timely identify such n eeds and by facilitating access to health care. The 
proposal also specifies that minors shall not be de tained unless it is in their best interests, 
whereas unaccompanied minors shall never be detained. Concerning accommodation facilities, it is maintained that minors shall be  able to access leisure-activities, including play 
and recreational activities. Finally the proposal facilitates access and integration of minors to 
the national schooling system. 
                                                
 
3 Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of 
asylum seekers (OJ L 31, 6.2.2003, p. 18), available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriServ .do?uri=OJ:L:2003:031:0018:0025:EN:PDF  
4 Proposal for a Directive of the European Par liament and of the Council laying down minimum 
standards for the reception of asylum seekers (Recas t), COM(2008)0 815 final, available at: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0815:FIN:EN:PDF.  
EN 7   EN • Directive on “Qualification for refugee”5 
This Directive lays down minimum standards fo r the qualification of third country nationals 
or stateless persons as refugees or as persons  who otherwise need international protection and 
the content of the protection granted. 
As far as the content of the pr otection granted is concerned, th is Directive specifies that the 
best interest of the child shall be of prim ary consideration and th e specific situation of 
vulnerable persons such as unaccompanied minors shall be taken into account by Member States when implementing relevant provisions  (Article 20). This Directive has some 
provisions addressing the specific situation of minors, such as the right to education and to 
family unity, as well as a specific article dedicat ed to the protection granted to unaccompanied 
minors (Article 30): 
(1) As soon as possible after th e granting of refugee or s ubsidiary protection status, 
Member States shall take the necessary m easures to ensure the representation of 
unaccompanied minors by legal guardianship or , where necessary, by an organisation 
responsible for the care and well-being of minors, or by any other appropriate 
representation including that based on legislation or court order. 
(2) Member States shall ensure that the minor 's needs are duly met in the implementation 
of this Directive by the appointed guard ian or representati ve. The appropriate 
authorities shall make regular assessments. 
(3) Member States shall ensure that unaccomp anied minors are placed either: (a) with 
adult relatives; or (b) with a foster fa mily; or (c) in centres specialised in 
accommodation for minors; or (d) in ot her accommodation suitable for minors. 
(4) In this context, the views of the child sh all be taken into account in accordance with 
his or her age and degree of maturity. 
(5) As far as possible, siblings shall be kept together, taking into account the best interests 
of the minor concerned and, in particular , his or her age and degree of maturity. 
Changes of residence of unaccompanied mi nors shall be limited to a minimum. 
(6) Member States, protecting the unaccompanied minor's best interests, shall endeavour 
to trace the members of the minor's family as soon as possible. In cases where there 
may be a threat to the life or integrity of  the minor or his or her close relatives, 
particularly if they have remained in the country of origin, care must be provided to 
ensure that the collecting, processing and circulating of information concerning those 
persons is undertaken on  a confidential basis. 
(7) Those working with unaccompanied minors shall have had or receive appropriate 
training concerning their needs. 
                                                
 
5 Council Directive 2004/83 of 29 April 2004 on minimum standards for the qualification and status of 
third country nationals or stateless persons as refugees or as persons who otherwise need international 
protection and the content of the protection granted (OJ L 304, 30.9.2004, p. 12), available at:  
http://eur-lex.europa.eu/Lex UriServ/LexUriServ.do?uri= CELEX:32004L0083:EN:HTML 
EN 8   EN The Commission adopted on 21 October 2009 an amending proposal6 aimed inter alia  at 
ensuring higher standards of treatment for refuge es and beneficiaries of subsidiary protection. 
The amendments relating to unaccompanied mi nors are amended with a view to ensuring 
consistency with the Commission's proposal for the amendment of the Reception Conditions 
Directive and require Member States to esta blish procedures for tracing the family of 
unaccompanied minors as soon as possible after protection has been granted and to ensure 
that those working with unaccompanied minors ha ve had – but also continue to receive – 
appropriate training. 
• Procedures Directive7  
The purpose of this Directive is to establis h minimum standards on procedures in Member 
States for granting or withdrawing refugee status. 
Besides specific provisions relating to minors,  such as the possibilities for interviewing a 
minor, this Directive also spells out spec ial guarantees for unaccompanied minors. In 
particular, Member States are required to ensure representation of the unaccompanied minor 
by appointing a legal guardian, a person acting on behalf of an organisation responsible for 
the care and well being of minors, or any othe r appropriate representation. Member States 
may refrain from appointing a representative und er certain conditions, for instance when the 
minor will in all likelihood reach the age of matu rity before a decision at first instance is 
taken; or where he / she is 16 or  older, unless he / she is unabl e to pursue his / her application 
without a representative. The Directive also insists on the appropriate skills for persons 
dealing with minors; it contains  a provision on the use of medica l examinations to determine 
the age of an unaccompanied minor, and underlines th at the best interests of the child shall be 
of primary consideration for MS when implemen ting procedures provided for in the Directive. 
On 21 October 2009, the Commission adopted a pr oposal for a revised asylum procedures 
Directive8 which inter alia  aims at reinforcing procedural guarantees for unaccompanied 
asylum seeking minors. In particular, the recast explicitly stipulates th e right of every minor 
to apply for international protection, and mainta ins that appropriate b odies involved in the 
return procedures, as described in Article 10(1) of the Return Directive, should be allowed to 
lodge an application for international prot ection for an unaccompanied minor. The proposal 
invites Member States to ensure that applican ts with special needs, including minors, are 
given an adequate opportuni ty to substantiate thei r applications for intern ational protection. It 
is further underlined that pe rsonal interviews with minors should be conducted in a child 
friendly manner. As regards representation, the proposal makes it clear that unaccompanied minors should be represented by impartial and qua lified guardians, that  the guardians should 
both assist and represent unaccompanied minor s throughout the procedure, and that a 
guardian and/or a legal advisor should always be presen t when minors are interviewed. The 
                                                
 
6 Proposal for a Directive of the Eu ropean Parliament and of the Council on minimum standards for the 
qualification and status of third-country nationals or stateless persons as beneficiaries of international 
protection and the content of the protection gran ted - COM(2009) 551, av ailable at: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0551:FIN:EN:PDF  
7 Council Directive 2005/85/EC of  1 December 2005 on minimum sta ndards on procedures in Member 
States for granting and withdrawing refugee status (OJ L 326, 13.12.2005, p. 13), available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriSe rv.do?uri=OJ:L:2005:326:0013:0034:EN:PDF 
8 Proposal for a Directive of the European Parliament and of the Council on minimum standards on 
procedures in Member States for granting and withdrawing international protection (Recast) - 
COM(2009) 554, available at:  
http://eur-lex.europa.eu/LexUriServ/LexUri Serv.do?uri=COM:2009:0554:FIN:EN:PDF. 
EN 9   EN amendments reduce excepti ons to an obligation to appoint a re presentative (gua rdian). In this 
respect, provisions allowing Member States to refrain from appointing a representative 
(guardian) where the minor is 16 years or older, or where free legal assistance is available, are 
deleted. The proposal underlines that, subject to limited exceptions, unaccompanied minors should have access to free legal assistance at first instance and appeals procedures, and 
introduces additional safeguards with respect to medical examinations to determine the age of unaccompanied minors. In the latter case, Member States are encouraged to employ less invasive exams and consider other evidence be fore taking a decision to use a medical 
examination. Finally, unaccompanied minors are explicitly exempted from accelerated, safety third country and border procedures.  
• Dublin Regulation 
The Dublin Regulation lays down the criteria and mechanisms for determining the Member 
State responsible for examining an asylum appli cation lodged in one of the Member States by 
a third-country national. 
It contains several rules to deal  with the specific s ituation of unaccompanied minors. It states 
that the Member State responsib le for examining his/her app lication is the Member State 
where a member of his/her family is legally present. If no family member is legally present, the Member State where the asylum claim is  lodged is responsible. In addition, the 
unaccompanied minor has a relative or relatives in another Member State who can take care 
of him/her, Member States shall, if possible,  unite the minor with his or her relatives. 
In its recent proposal amending the Dublin Regulation
9, the Commission proposed to 
strengthen these rules in order to guarantee abso lute compliance with the principle of the best 
interests of the child. In particular, a new Ar ticle 6 has been added which requires Member 
States to closely cooperate with each other in assessing the best interests of the child and in 
particular to take due account of the following factors: the family reunification possibilities; 
the minor's well-being and social development; sa fety and security considerations as well as 
the views of the minor, in accordance with hi s/her age and maturity. The Commission also 
proposed to make the reunification of an unacco mpanied minor with a relative who can take 
care of him/her a fully binding criterion for determ ining responsibility and clarified that in the 
absence of a family member or another relati ve, the Member State responsible is the one 
where the applicant lodged his/ her most recent application for internationa l protection, 
provided this is in hi s/her best interests. 
• Directive on “Temporary Protection”10 
This Directive establishes minimum standards fo r giving temporary protect ion in the event of 
a mass influx of displaced persons from third countries who are unable to return to their 
                                                 
9 Proposal for a Regulation of the European Parliament  and of the Council esta blishing the criteria and 
mechanisms for determining the Member State responsible for examining an application for 
international protection lodged in one of the Member  States by a third-country national or a stateless 
person (Recast) - COM(2008) 820, available at:  
http://eur-lex.europa.eu/LexUriServ/LexUri Serv.do?uri=COM:2008:0820:FIN:EN:PDF  
10 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection 
in the event of a mass influx of displaced person s and on measures promoting a balance of efforts 
between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 
7.8.2001, p. 12), available at:  
http://eur-lex.europa.eu/Lex UriServ/LexUriServ.do?ur i=CELEX:32001L0055:EN:NOT. 
EN 10   EN country of origin and to promot e a balance of efforts between Member States in bearing the 
consequences of receiving such persons. 
Besides specific provisions relating to minors, su ch as the access to education and the right to 
family unity, particular attention is given to unaccompanied minors: the Directive requests 
that Member States provide for necessary medical care or other assistance for persons with special needs, such as unaccompanied minors. Member States shall also take measures, as soon as possible, to ensure the necessary representation of unaccompanied minors by legal 
guardianship, or, where necessary, representation by an organisa tion which is responsible for 
the care and well-being of minors, or by any other appropriate representation. During the 
period of temporary protection Member States shall ensure that unaccompanied minors are 
placed with adult relatives, a foster-family, in  reception centres with special provisions for 
minors, or with the person who looked after the child when fleeing. Finally, the Directive 
specifies that the views of th e child shall be taken into acco unt in accordance with his / her 
age and maturity.  
1.2 Practical cooperation – Exchange of information and best practices 
The future European Asylum Support Office (EASO) will soon facilitate, coordinate and 
strengthen practical cooperation among Member States on the many aspects of asylum and 
help to improve the implementation of the Common European Asylum System, including its 
external dimensions. The Regulation of th e European Parliament and of the Council 
establishing the Support Office will be adopted during the first months of 2010
11. The 
Commission is committed to proceeding as quickly as possible with the establishment of the Support Office.  
                                                
 
11 Proposal for a Regulation of the European Parliament and of the Council establishing a European 
Asylum Support Office - COM(2009) 66, available at  
http://eur-lex.europa.eu/LexUriServ/LexUri Serv.do?uri=COM:2009:0066:FIN:EN:PDF;  
Proposal for a Decision of the European Parliament and of the Council amending Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 by removing funding 
for certain Community actions and altering the limit for funding such actions - COM(2009) 67, 
available at: http://eur-lex.europa.eu/LexUriServ /LexUriServ.do?uri=COM:2 009:0067:FIN:EN:PDF. 
EN 11   EN 2. I MMIGRATION POLICY  
• Directive on family reunification12 
This Directive – which also applies to refuge es – contains specific provisions in case the 
refugee is an unaccompanied minor: in this case the Member States shall authorise the entry and residence of his/her first- degree relatives in the direct ascending line and may authorise 
the entry and residence of his/ her legal guardian or any other member of the family, if the 
refugee has no relatives in the direct ascen ding line or they cannot be traced. No such 
provisions exist however in the Directive for unaccompanied minors who have not been recognised with refugee status. A report on the transposition and implementation of the 
Directive by Member States has been pub lished by the Commission in 2008 (COM(2008)610 
final of 8.10.2008). 
3. R
ETURN POLICY  
• Return Directive13  
Recital 22 of the preamble stat es that in line with the 1989 United Nations Convention on the 
Rights of the Child, the “best in terests of the child” should be  a primary consideration of 
Member States when implementing this Directiv e. In line with the European Convention for 
the Protection of Human Rights and Fundamental Freedoms, resp ect for family life should be 
a primary consideration for Member States  when implementing this Directive.  
Article 5 expressly obliges Member States to take  due account of the best interests of the child 
and family life when implementing the Directive. 
According to this Directive, Member States are obliged, before deciding to issue a return 
decision, to grant assistance to unaccompanied minors by appropriate bodies other than the 
authorities enforcing return. Furthermore, be fore removing an unaccompanied minor from the 
territory of a Member State, the authorities of th at Member State shall be  satisfied that he or 
she will be returned to a member of his or her family, a nominated guardian or adequate 
reception facilities in the State of return. 
Where necessary, Member States shall extend  the period for voluntary departure by an 
appropriate period, taking into account the specif ic circumstances of the individual case, such 
as the length of stay, children attending school and the existence of other family and social 
links.  
During the period for voluntary departure and pe riods for which removal has been postponed, 
Member States shall ensure that the following  principles are taken into account as far as 
possible in relation to third-country nationals: 
                                                 
12 Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 
3.10.2003, p. 12), available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriSe rv.do?uri=OJ:L:2003:251:0012:0018:EN:PDF 
13 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on 
common standards and procedures in Member States for returning illegally staying third-country 
nationals (OJ L 348, 24.12.2008, p. 98), available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriServ .do?uri=OJ:L:2008:348:0098:0107:EN:PDF  
EN 12   EN – Family unity with family members pres ent in their territory is maintained; 
– Emergency health care and essential treatment of illness are provided; 
– Minors are granted access to the basic education system subject to the length of their stay; 
– Special needs of vulnerable pe rsons are taken into account. 
As regards detention of minors,  the Directive contains specific safeguards providing that 
unaccompanied minors and families with minors sha ll only be detained as a measure of last 
resort and for the shortest appropriate period of time. Families detained pending removal shall be provided with separate accommod ation guaranteeing adequate privacy. 
Minors in detention shall have the possibility to  engage in leisure activities, including play 
and recreational activities appropriate to their age, and shall have, de pending on the length of 
their stay, access to education. Unaccompanied minors shall as far as possible be provided 
with accommodation in institutions provided with  personnel and facilities which take into 
account the needs of persons of th eir age. The best interests of  the child shal l be a primary 
consideration in the context of the detention of minors pending removal. Recital 17 of the 
Preamble recalls the general prin ciple that third-country nati onals in detent ion should be 
treated in a humane and dignified manner with respect for their fundamental rights and in 
compliance with international and national law. 
• Readmission Agreements 
Minors are fully covered by the sc ope of the EU readmission agreem ents currently in force or 
those still negotiated
14. Furthermore, the recent EU read mission agreements contain clauses 
according to which minor unmarried children of the person to be readmitted shall also be 
covered by the readmission procedure of that pers on regardless of the child's place of birth or 
nationality unless the child has an  independent right to stay.  
The EU readmission agreements do not contain a ny particular provisions regarding protection 
of minors. 
Obviously those readmission agreements are app licable only following the accomplishment of 
the return procedure. Hence, any person including a minor will first be in the position to use all the safeguards provided for by the Return Directive. 
Finally, all readmission agreements contain a non-affection clause with the European 
Convention of Human Rights. 
• Regulation on Community Statistics on  Migration and International Protection
15 
                                                 
14 The EU Readmission Agreements with the following th ird countries are currently  in force: Hong-Kong, 
Macao, Sri Lanka, Albania, Russian Federation, Uk raine, FYROM, Serbia, Bosnia and Herzegovina, 
Montenegro and Moldova.  
15 Regulation (EC) n. 862/2007 of the European Parliament and of the Council of 11 July 2007 on 
Community statistics on migration and international protection and repealing Council Regulation (EEC) 
No 311/76 on the compilation of statistics on foreign wo rkers (OJ L 199, 31.7.2007, p. 23), available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ .do?uri=OJ:L:2007:199:0023:0029:EN:PDF.  
EN 13   EN Article 4(3), of Regulation No 862/2007  sets the obligation for the Member States to transmit 
annual figures on applicants for internationa l protection who are considered to be 
unaccompanied minors. This data must be  disaggregated by age and sex, and by the 
citizenship of the persons concerned. They sha ll relate to reference periods of one calendar 
year and shall be supplied to th e Commission (Eurostat) within th ree months of the end of the 
reference year. The first refe rence year shall be 2008.  
The Regulation also provides that general de mographic data on immigrants, emigrants and 
stock and statistics on apprehen sions must be disaggregated by age. Residence permit data, 
statistics on returns and statistics on refusals, on the contrary, must not16. However, 
disaggregation by age does not provide any information on whether these minors are unaccompanied or not. 
4. P
OLICY ON BORDER CONTROL  
• Regulation (EC) No 562/2006 of the Europe an Parliament and of the Council of 15 
March 2006 establishing a Community Code on the rules governing the movement of 
persons across borders (Schengen Borders Code)17 
Point 6 of Annex VII of the Sc hengen Borders Code provides that border guards shall pay 
particular attention to minors, whether travelling accompanied or unaccompanied. Minors 
crossing an external border shall be subject to the same checks on entry and exit as adults, as 
provided for in the Code. In the case of minors travelling un accompanied, border guards shall 
ensure, by means of thorough checks on travel documents and supporting documents, that the 
minors do not leave the territory against the wishes  of the person(s) having parental care over 
them. 
Furthermore, point 3.7 of Part Two, Section I of the Practical Handbook for Border Guards 
(Schengen Handbook)18 provides that if there is doubt whet her a minor who is a citizen of the 
EU or a third-country na tional legally residing in the EU is  authorised to cross the border on 
exit, the national point of contact  of the Member State of the mi nor's nationality or residence 
should be contacted. A list of national points of contact for co nsultation purposes on minors is 
attached to the Handbook and is accessible on the circa network. 
In accordance with its mandate, the European Agency for the Management of Operational 
Cooperation at the External Borders of th e Member States of the European Union 
(FRONTEX) prepares both general and tailored ri sk analysis related to illegal immigration 
across the external borders of MS in which par ticular attention is paid to the situation of 
minors. The Agency has also been developing special training tools for border guards aimed 
at improving their skills on interviewing unaccompanied minors. 
                                                 
16 For all the categories which do not need to be disaggregated by age, the age disaggregation can be 
added at a later stage through the additional disagg regations, as provided by Article 8 of Regulation 
(EC) No 862/2007. 
17 Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 
establishing a Community Code on the rules governing the movement of persons across borders 
(Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1), available at:  http://eur-lex.europa.eu/LexUriServ/LexUriSe rv.do?uri=OJ:L:2006:105:0001:0032:EN:PDF. 
18 Practical Handbook for Border Guards  (Schengen Handbook) available at  
http://register.consilium.europa.eu/pdf/en/08/st11/st11253.en08.pdf  
EN 14   EN 5. T RAFFICKING AND EXPLOITATION OF HUMAN BEINGS  
• Framework Decision on combating traffi cking in human beings and Commission's 
proposal for a revision19 
The Framework Decision responded to a generall y perceived need to address the serious 
criminal offence of trafficki ng in human beings at EU level, providing a minimum level of 
approximation in national legislation. 
On 29 March 2010, the Commission tabled a Proposal for a Directive of the European 
Parliament and of the Council on preventing an d combating trafficking in human beings, and 
protecting victims, repealing Framework Decision 2002/629/JHA . Some provisions are of 
particular relevance to unaccompanied minors that  are victims of trafficking. This includes a 
presumption of minor age in case of doubt, speci al assistance and support measures for child 
victims for their recovery, and to facilitate thei r participation in criminal proceedings, such as 
a special representative, free legal counselling an d free legal representati on, or child-sensitive 
ways to obtain their testimony. It  also includes the possibility of not prosecuting or imposing 
penalties on victims of trafficki ng in human beings for their invol vement in criminal activities 
they have been compelled to commit as a direct  consequence of being tr afficked, as well as 
training for officials likel y to come into contact with victim s and potential victims (front-line 
police officers, border guards, labour inspectors, he alth care personnel a nd consular staff), 
aimed at enabling them to identify and deal with victims and potential victims of trafficking in 
human beings. 
• Framework Decision on combating the sexu al exploitation of children and child 
pornography and Commission's proposal for a revision20 
This Framework Decision introduces a mini mum of approximation of Member States’ 
legislation to criminalise the most serious fo rms of child sexual abus e and exploitation, to 
extend domestic jurisdiction, and to provide for a minimum of assistance to victims. 
On 29 March 2010, the Commission tabled a Proposal for a Directive of the European 
Parliament and of the Council on  combating the sex ual abuse, sexual exploitation of children 
and child pornography, repealing Framework Decision 2004/68/JHA . Some provisions are of 
particular relevance to unaccompanied minors that are victims of sexual abuse and sexual 
exploitation. This includes a presumption of minor age in cas e of doubt, special assistance and 
support measures for child victims for their recove ry, and to facilitate their participation in 
criminal proceedings, such as a special repres entative, free legal c ounselling and free legal 
representation, or child-sensitiv e ways to obtain their test imony. It also includes the 
possibility of not prosecuting or imposing penalt ies on child victims of sexual exploitation for 
their involvement in unlawful activities as a di rect consequence of be ing subjected to those 
offences (i.e. sanctions on prostitution). 
                                                 
19 Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings 
(OJ L 203, 1.8.2002, p. 1) available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriServ .do?uri=OJ:L:2002:203:0001:0004:EN:PDF  
20 Council Framework Decision 2004/68/JHA of 22 Decem ber 2003 on combating the sexual exploitation 
of children and child pornography (OJ L 13, 20.1.2004, p. 44), available at: http://eur-
lex.europa.eu/LexUriServ/LexUriSer v.do?uri=CELEX:32004F0068:EN:NOT  
EN 15   EN • Directive on the residence permit issued to third-country nationals who are victims of 
trafficking in human bein gs who co-operate with the competent authorities21 
Member States may decide to apply the Directiv e to minors who are or have been victims of 
trafficking in human beings. In this case, specif ic provisions are applicab le: Article 10 stresses 
that the best interests of the child must be ta ken into due account and that minors must have 
access to the educational system. In case of un accompanied minors, Member States shall take 
the necessary steps to establish their identity and nationality, sh all ensure legal representation 
if necessary and shall make every effort to locat e the families as quickly as possible. Article 9 
also states that minors shall be provided with necessary medical or other assistance in order to 
meet their special needs. A report on the transp osition and implementation of the Directive by 
Member States will be published by the Commission in 2010. 
6. EU  FINANCIAL INSTRUMENTS  
Several European financial instruments can be  used to address the issue of unaccompanied 
minors.  
6.1 Solidarity and manageme nt of migratory flows 
Under the Framework Programme "Solidarity a nd management of migr atory flows", which 
has an overall amount of about 4020 milli on € for the period 2007-2013, the "European 
Integration Fund" covers unaccompanied minors' integration if they are considered legally 
resident as well as the "European Refugee Fund" if  they are asylum seekers, refugees or with 
subsidiary protection status. Moreover, under the "European Refugee Fund", Member States 
receive a fixed amount of EUR 4 000 for each resett led person falling into one of four specific 
categories, including unaccompanied minors22. 
The "European Return Fund" covers measures in  the framework of the return procedure or 
specific actions addressed to unaccompanied minors, like information on return, costs of 
travel and food for returnees, family reunifica tion in the country of origin as well as 
reintegration measures, etc. This fund can also be used to implement the specific provisions 
provided on the issue by the Return Directive23. The Commission intends to launch in the 
framework of the Return Fund 2009 Community Ac tions a specific study on the situation of 
minors in the return process. The comparative study should be carried out to analyse practices 
and highlight best practices relating to return  of minors in Member States. The study shall 
                                                 
21 Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country 
nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who co-operate with the competent authorities (OJ L 261, 6.8.2004, p. 19) 
available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriS erv.do?uri=CELEX:320 04L0081:EN:HTML  
22 Article 13 (3) of Decision No 573/2007/EC of the European Parliament and of the Council of 23 May 
2007 establishing the European Refugee Fund for the period 2008 to 2013 as part of the General 
programme ‘Solidarity and Management of Migration Flows’ and repealing Council Decision 
2004/904/EC (OJ L 144, 6.6.2007, p. 1) available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriSe rv.do?uri=OJ:L:2007:144:0001:0021:EN:PDF   
23 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on 
common standards and procedures in Member States for returning illegally staying third-country 
nationals (OJ L 348, 24.12.2008, p. 98), available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriServ .do?uri=OJ:L:2008:348:0098:0107:EN:PDF  
EN 16   EN focus on, but not be limited to unaccompanied mi nors. The scope of the study shall cover the 
whole range of legal obligations  laid down in Directive 2008/ 115/EC covering in particular 
the general treatment of minors during the retu rn procedure, the detention conditions and 
alternatives to detention, measures taken by Member States to guarantee a reception in the 
country of return in accordance with Article 10 of the Directive and measures taken to prepare 
a smooth and sustainable reintegration. The study may also deal with more favourable 
national provisions and shall finally  provide concrete recommendations.  
6.2 DAPHNE II  
The Daphne Programme aims at combating violence against women, young people and 
children and protecting victims and groups at risk. Daphne star ted in 1997 and is financing 
targeted actions by NGOs, local pu blic authorities and universitie s/research institutes to fight 
all forms of violence against women, young pe ople and children and support victims and 
groups at risk. The current DAPHNE III Prog ramme (2007-2013), adopted in June 2007, has 
a total budget of 116.85 million €. Since its esta blishment in 1997, Daphne has funded more 
than 500 projects, including projects addressing  violence or the risk of violence against 
unaccompanied minor migrants (UAM). Detail s on funded projects ar e found on the website 
Daphne Toolkit  http://ec.europa .eu/justice_home/daphnetoolkit/ .  
The Daphne Programme has funded several pr ojects focusing on the phenomenon of UAM 
travelling into and through Europe . These children, commonly in the 12 to 17 age bracket, are 
exposed to great risk of falling into the hands of exploiters, since the children often have no 
other way to survive than by earning money in the grey economy, or in  begging or street 
hawking. Older children may end up in prostitution and girls in particular are at risk of 
entering exploitative domestic service or th e sex trade. Research funded by Daphne has 
showed that there are generally two specifi c groups of UAM in Europe: those who seek 
asylum and use legal ways of entry in order to  consolidate their residency status, and those 
who cross borders illegally and who, in fear of being depor ted, soon go ‘underground’. While 
there are quite extensive networks of help fo r the first group, including family reunification 
programmes, the second group of children is with out protection and support. They are at high 
risk of exploitation and trafficking. Results  from these Daphne-funded projects include a 
broad-ranging list of priority recommendations to help such children pointi ng to their right, as 
children, to the same pr otections as children who migrate le gally, and to the specific need to 
get them into school or vocati onal training. Research has al so found that the children in 
general have a relatively high need fo r medical and therapeutic support.  
6.3 Prevention of and fight against crime 
The current Prevention of and Fight agains t Crime Programme ( 2007-2013), adopted in 
February 2007, has a total budget of 600 million € and is destined for law enforcement 
agencies, including local, regi onal and national authorities, so cial partners, universities, 
statistical offices, and non-governmental orga nisations. It provides financial support to 
activities regarding all types of crime in part icular terrorism, trafficking in persons and 
EN 17   EN offences against children, illicit drug traffi cking and illicit arms trafficking, corruption and 
fraud24. 
The Programme is currently financing seve n projects aimed on combating the sexual 
exploitation of children and protection of vict ims and groups at risk. Four out of the eight 
projects aim at strengthening children's right to criminal procedures and are implemented by 
law enforcement authorities in Bulgaria, It aly, Germany and United Kingdom with partners 
from Austria, Romania, Greece, Slov akia, Finland, Croatia and Portugal. 
Activities involve cooperation betw een child care and criminal jus tice agencies in  case of sex 
offences against children, elaboration of nationa l strategies to improve the situation of child 
victims of crime that are involved in legal pr ocedure and dissemination of knowledge and best 
practices.  
Two projects implemented by Italian and French non governmental organisation focus on 
training of professionals in the pol ice, judicial and social services  working with children 
victims of sexual exploration.  Another project implemented by Sweden's Crime Prevention 
Board seeks to create a European coalition of st akeholders to combat as a unified taskforce 
internet child exploitation and sexual abuse im ages in the European Union. The total amount 
awarded to these projects is so far 1.562.123,00 €.  
The programme is also financi ng five projects to combat trafficking of children, implemented 
by Poland, Italy, United Kingdom and Belgium involving partners from law enforcement 
authorities in Spain, Romania, France and the Netherlands. 
Activities involve practical  joint investigation teams into organised crime networks criminally 
exploiting and trafficking child ren, development of new mon itoring and reporting tools and 
awareness raising actions towards the victims at  risk. The amount awarde d to these projects is 
so far 1.872.069,00 €.  
6.4 Thematic programme for cooperation with Non-EU Member Countries in the 
areas of migration and asylum 
As regards the external dimension, the "The matic programme for c ooperation with Non-EU 
Member Countries in the ar eas of migration and asylum ", successor of the AENEAS 
programme, offers financial and technical assi stance to third countries in the field of 
migration and asylum.  
The Aeneas and the Thematic programme are currently financing eleven projects aimed at 
addressing, directly or indirectly, the phenomenon of unaccompanied minors in non-EU 
countries.  
Four of these projects ar e carried out in Morocco. 
                                                 
24 Council Decision of 12 February 2007 establishing for the period 2007 to 2013, as part of General 
Programme on Security and Safeguarding Liberties, the Specific Programme ‘Prevention of and Fight 
against Crime’ (2007/125/JHA), available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriServ .do?uri=OJ:L:2007:058:0007:0012:EN:PDF  
EN 18   EN Two of the projects are implemented by Spanis h organisations (the Communidad de Madrid 
and the Secretariat for Immigration of Cata lonia), and both aim at assisting Moroccan 
unaccompanied minors intercepted in the two respective destination areas (Madrid and 
Catalonia) and facilitating, when possible, their return and reinte gration back to their country 
of origin, as well as raising public awareness amongst minors on the risks of illegal migration. 
The project of the Secretariat for Immigration of  Catalonia has also established a centre in 
Tangier, which also tries to contribute to th e prevention of further departures, by offering 
some assistance and training to minors at risk. 
A third project in Morocco has been carri ed out between 2005 and 2009 by the Italian NGO 
MLAL ( Movimento Laici America Latina ), with the aim of providi ng information specifically 
to Moroccan youngsters and students of the Tadla Azilal region, in order to clarify the rules 
related to legal admission and entry in the EU, an d to discourage attempts to embark in illegal 
migration towards the EU.  
A fourth project has just been launched in  Morocco by another Italian NGO called CISS 
(Cooperazione Internazionale Sud Sud ). This project, which aims at promoting the prevention 
of departures of unaccompanied minors by raisi ng awareness on the risk of illegal migration 
and offering training among minors at risk and au thorities and persons (like teachers etc.) 
having contacts with them, will also be carried out in Algeria and Tunisia.  
Two other projects are implemented in Albania and both of them specifically target minors at 
risk or who are victims of trafficking.  
One project, which has being carried out since 2008 by the Italian NGO,CIES ( Centro di 
Informazione ed Educazione allo Sviluppo ), jointly with the Federation of Industrial Workers' 
Unions of Greece, the Ministries of Interiors of Italy and of Albani a, and two Albanian 
NGOs, aims at contributing to the prevention of trafficking in human beings, with a focus on 
children and women. The project will support prev ention of trafficking in human beings with 
a focus on women and children livi ng in two of the most deprived  areas of Albania: Elbasan 
and Kinestudio. The project aims at raising aw areness on the risks of trafficking, promoting 
the creation of specialised staff who are capable of dealing with persons at risk or who have 
been victims.  
The other project, carried out by the Italia n Ministry for Social Solidarity aims at 
strengthening the mechanisms of transnational c ooperation both at central and local levels for 
the superintendence of Albanian minors who mi grated alone towards Italy. This project will 
train social service actors in Albania with the aim to prevent further departures of minors and to facilitate social reintegr ation of unaccompanied minors accepting to return voluntarily. The 
project will also facilitate the establishmen t of networking and the dissemination of best 
practices and carry out inform ation campaigns in schools. It  will focus on 200 Albanian 
unaccompanied minors coming from Diber, Shkode r, Tirana and Elbasan and hosted in the 
Italian cities of Trento and Florence, and on their families. 
Three projects are implemented in  several developing countries:  
The Belgian Red Cross has carried out from  2006 to 2008 a projec t aimed at providing 
information specifically to youngsters and students of the Kinshasa region in the Democratic 
Republic of Congo, in order to help them to u nderstand the risks of death at sea and in the 
EN 19   EN desert, or of being trafficked and exploited, all linked to irregular migration, and the true 
dangers and sufferance to which an irre gular migrant is normally exposed.  
Recently, the Spanish organisation FIIAP (Fund acion Internacional y para Iberoamerica de 
Administration y politcas publicas) has started to carry out a proj ect in Senegal, consisting in 
the establishment of a vocational training centr e, which could at the same time offer an 
alternative to irregular migrati on to youngsters at risk of embark ing in attempts of clandestine 
departure, as well as a support for the social  and professional rein tegration of youngsters 
being returned to Senegal after an experience abroad as unaccompanied minors.  
The French NGO, "Groupe Développement Asso ciation" carries out a project aimed at 
preventing unsafe migration and trafficking in children and adolescents from India (West 
Bengal and Andhra Pradesh), Bangladesh and Nepal. 
Through this thematic programme, the Commi ssion also provides financial support to two 
projects dealing with minors, bu t whose specific target are in  fact minors that are asylum 
seekers and refugees:  
The Danish refugee Council is implementing in Ukraine a project aimed at providing 
assistance to minors that are asylum seekers and refugees, both throu gh providing material 
support for their specific needs (for instance sc hooling etc.) and through raising the awareness 
and capacities of Ukrainian authorities on the most appropriate modalities to address their 
situation.  
The UNHCR is carrying out since 2007 a project aiming at disseminating in non-EU countries 
(on a worldwide scale), among practitioners of migr ation and asylum, best practices related to 
the specific modalities and standards to be followed for the identification, protection, 
assistance of minors that are asylum seekers and refugees. The project includes a strand on 
child protection systems in Sudan, Ne pal, Yemen, Ethiopia and Colombia. 
Finally, the thematic programmes support also  several projects dealing with human 
trafficking, some of them with sp ecial focus on trafficking of child ren, for example, this is the 
case of a project implemented by the NGO Wo rld Vision UK which aims at preventing 
trafficking in children, youth a nd women in Myanmar and at supporting their return and 
reintegration in the communities of origin.  
In addition, it must be noted that the issue of  unaccompanied minors and human trafficking is 
amongst the priorities of the last call for propo sals of the Thematic Programme launched in 
August 2009, and therefore more projects on un accompanied minors and child trafficking are 
likely to be selected in the near future.  
6.5 Other external financial instruments 
It should also be noted that support for projects aiming to address the problem of 
unaccompanied minors, in particular child tra fficking, is provided al so through other EU 
external financial instruments,  both geographical and thematic . The majority of the EU’s 
development assistance for the promotion and pr otection of children’s rights is covered under 
various geographical instruments. These in struments are complemented by thematic 
instruments, such as the European Instrume nt for Democracy and Human Rights (EIDHR). 
One of the objectives of the EIDHR is to implement the EU Human Rights Guidelines, 
EN 20   EN including the EU Guidelines on Children in Armed Conflicts and the EU Guidelines on the 
Rights of the Child.  
This is the case for instance of a project implemented by UNDP/ILO in Zambia financed by 
EDF funds which aims at capacity building an d raising the awareness of public bodies on 
child trafficking, a project under the form er "Co-financing with NGOs" programme 
implemented by the Italian NGO ALISEI in Ga bon aimed at promoting children's rights and 
protecting them against traffi c and exploitation, a project supported through the thematic 
programme "Investing in People" implement ed by the Czech NGO CLOVEK V TISNI aimed 
at preventing child trafficking a nd rehabilitation of trafficking vi ctims in Ethiopia, or finally a 
project funded through the "E uropean Initiative on Democracy  and Human Rights (EIDHR)" 
implemented by an Albanian NGO whose purpose is to prevent trafficking of vulnerable 
youth and women in Kosovo. As regards candidate s and potential candidat es for enlargement 
of the EU, Instrument for Pre-Accession Assist ance (IPA) is a key instrument. It helps to 
strengthen capacity of Western Balkans regi on and Turkey to cope with migration and 
trafficking in human beings. It also builds capacities of law enforcement agencies to 
investigate possible organised cr ime activities in these areas. It supports their cooperation and 
strengthens their ability to prot ect the borders. In addition to the law enforcement, IPA also 
targets protection of human rights and fundame ntal freedoms as well as of vulnerable groups. 
EN 21   EN ANNEX  II : BIBLIOGRAPHY 
 
A. International Conventions: 
(1) Convention on the Rights of the Child  of 20 November 1989, available at 
http://www2.ohchr.org/english/law/crc.htm ;  
(2) Optional Protocol to the Convention on the Righ ts of the Child on the sale of children, 
child prostitution and child por nography of 25 May 2000, available at 
http://www2.ohchr.org/eng lish/law/crc-sale.htm ; 
(3) Optional Protocol to the Convention on the Ri ghts of the Child on the involvement of 
children in armed conflict of  25 May 2000, available at 
http://www2.ohchr.org/englis h/law/crc-conflict.htm  ; 
(4) Convention on the Rights of the Ch ild, General Comment No. 6 (2005) 
CRC/GC/2005/6 on the "Treatment of Unaccomp anied and Separated Children outside 
their country of orig in", available at 
http://www.unhchr.ch/tbs/ doc.nsf/898586b1dc7b4043c1256a450044f331/532769d21f
cd8302c1257020002b65d9/$FILE/G0543805.pdf ;  
B. EU Legislative instruments:  
(1) Charter of Fundamental Rights of th e European Union, OJ C 364 of 18.12.2000, 
available at http://ec.europa.eu/justic e_home/unit/charte/index_en.html ; 
(2) Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving 
temporary protection in the event of a mass influx of displaced persons and on 
measures promoting a balance of efforts between Member States in receiving such 
persons and bearing the consequences th ereof, OJ L 212/12 of 7.08.2001, available at 
http://eur-
lex.europa.eu/LexUriServ/LexU riServ.do?uri=CELEX:32001L0055:EN:NOT ;  
(3) Regulation (EC) n. 862/2007 of the European Pa rliament and of the Council of 11 July 
2007 on Community statistics on migration a nd international protection and repealing 
Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign 
workers, OJ L 199/23 of 31.7.2007, available at http://eur-
lex.europa.eu/LexUriServ/LexUriSe rv.do?uri=OJ:L:2007:199:0023:0029:EN:PDF ;  
(4) Council Directive 2004/81/EC of  29 April 2004 on the residence permit issued to 
third-country nationals who are victims of trafficking in human beings or who have 
been the subject of an action to facilitate illegal immigration, who co-operate with the 
competent authorities, OJ L 261/19 of 6.08.2004, available at http://eur-
lex.europa.eu/LexUriServ/LexUri Serv.do?uri=CELEX:32004L0081:EN:HTML ;  
(5) Directive 2008/115/EC of the European Parliament and of the Council of 16 
December 2008 on common standards and proce dures in Member States for returning 
illegally staying third- country nationals, OJ L 348/98 of 24.12.2008, available at 
EN 22   EN http://eur-
lex.europa.eu/LexUriServ/LexUriSe rv.do?uri=OJ:L:2008:348:0098:0107:EN:PDF ;  
(6) Council Directive 2003/9/EC of  27 January 2003 laying down  minimum standards for 
the reception of asylum seekers, OJ L 31/18 of 6.2.2003, available at http://eur-
lex.europa.eu/LexUriServ/LexUriSe rv.do?uri=OJ:L:2003:031:0018:0025:EN:PDF ; 
(7) Council Directive 2004/83/EC  of 29 April 2004 on minimum standards for the 
qualification and status of third country nationa ls or stateless persons  as refugees or as 
persons who otherwise need international pr otection and the conten t of the protection 
granted, OJ L 304/12 of 30.09.2004, available at http://eur-
lex.europa.eu/LexUriServ/LexUri Serv.do?uri=CELEX:32004L0083:EN:HTML ; 
(8) Council Directive 2005/85/EC  of 1 December 2005 on minimum standards on 
procedures in Member States for granti ng and withdrawing re fugee status, OJ L 
326/13 of 13.12.2005, available at http://eur-
lex.europa.eu/LexUriServ/LexUriSe rv.do?uri=OJ:L:2005:326:0013:0034:EN:PDF ; 
(9) Council Directive 2003/86/EC of 22 Se ptember 2003 on the right to family 
reunification, OJ L 251/12 of 3.10.2003, available at http://eur-
lex.europa.eu/LexUriServ/LexUriSe rv.do?uri=OJ:L:2003:251:0012:0018:EN:PDF ; 
(10) Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking 
in human beings, OJ L 20 3/1 of 01.08.2002, available at http://eur-
lex.europa.eu/LexUriServ/LexUriSe rv.do?uri=OJ:L:2002:203:0001:0004:EN:PDF ;  
(11) Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the 
sexual exploitation of children and child pornography (OJ L 13, 20.1.2004, p. 44), 
available at http://eur-
lex.europa.eu/LexUriServ/LexU riServ.do?uri=CELEX:32004F0068:EN:NOT ;  
(12) Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 
2008 concerning the Visa Information System (VIS) and the exchange  of data between 
Member States on short-stay visa s (VIS Regulation), available at http://eur-
lex.europa.eu/LexUriServ/LexUriSe rv.do?uri=OJ:L:2008:218:0060:0081:EN:PDF ;  
C. EU Proposals: 
(1) Proposal for a Framework Decision on preven ting and combating trafficking in human 
beings, and protecting victims, rep ealing Framework Decision 2002/629/JHA 
(COM(2009)136), available at http://eur-
lex.europa.eu/LexUriServ/LexUri Serv.do?uri=COM:2009:0136:FIN:EN:PDF ;  
(2) Proposal for a Framework Decision on combati ng sexual abuse, sexual exploitation of 
children and child pornogr aphy, repealing Framework Decision 2004/68/JHA 
(COM(2009)135), available at http://eur-
lex.europa.eu/LexUriServ/LexUri Serv.do?uri=COM:2009:0135:FIN:EN:PDF ;  
(3) Proposal for a Directive of the European Parliament and of the Council laying down 
minimum standards for the reception of asylum seekers (Recast), COM(2008)0815 final, available at: http://eur-
lex.europa.eu/LexUriServ/LexUri Serv.do?uri=COM:2008:0815:FIN:EN:PDF ;  
EN 23   EN (4) Proposal for a Regulation of the European Pa rliament and of the Council establishing 
the criteria and mechanisms for determ ining the Member State responsible for 
examining an application for international protection lodged in one of the Member 
States by a third-country na tional or stateless person, CO M(2008) 820 final, available 
at http://eur-
lex.europa.eu/LexUriServ/LexUri Serv.do?uri=COM:2008:0820:FIN:EN:PDF ;  
(5) Proposal for a Directive of the European Parliament and of the Council on minimum 
standards on procedures in Member States  for granting and wit hdrawing international 
protection (Recast), COM/2009/0554 final, available at: http://eur-
lex.europa.eu/LexUriServ/LexUri Serv.do?uri=COM:2009:0554:FIN:EN:PDF ; 
(6) Proposal for a Regulation of the European Pa rliament and of the Council establishing 
a European Asylum Support Office, Com(2009)0066 final, available at: http://eur-
lex.europa.eu/LexUriServ/LexUri Serv.do?uri=COM:2009:0066:FIN:EN:PDF ; 
(7) Proposal for a Decision of the European Parliament and of the Council amending 
Decision No 573/2007/EC esta blishing the European Re fugee Fund for the period 
2008 to 2013 by removing funding for certain  Community actions and altering the 
limit for funding such actions, CO M(2009)0067 final, available at: http://eur-
lex.europa.eu/LexUriServ/LexUri Serv.do?uri=COM:2009:0067:FIN:EN:PDF ; 
D. Commission Communications and other documents: 
(1) Communication from the Commission to the European Parliament and the Council on 
“An area of freedom, security and justice serving the citizen”, COM(2009) 262 final, 
available at http://eur-
lex.europa.eu/LexUriServ/LexUri Serv.do?uri=COM:2009:0262:FIN:EN:PDF ; 
(2) Communication from the Comm ission "Towards an EU Strategy on the Rights of the 
Child", COM(2006) 367 fi nal, available at http://eur-
lex.europa.eu/LexUriServ/LexUri Serv.do?uri=COM:2006:0367:FIN:EN:PDF ; 
(3) Communication from the Commission to the European Parliament and the Council on 
"the Establishment of a Joint EU Resett lement Programme", COM(2009) 447 final, 
available at http://eur-
lex.europa.eu/LexUriServ/LexUri Serv.do?uri=COM:2009:0447:FIN:EN:PDF ; 
(4) "Guidance note on eligibility of actions (and related costs) under the Return Fund in 
relation to the directive on common standard s for return procedures in the Member 
States" - SOLID/2008/21.  
(5) EU Guidelines on the Promotion and Protecti on of the Rights of the Child, available at 
http://www.consilium.europa.eu/uedocs/cmsUpload/16031.07.pdf   
(6) EU Guidelines on Children in Armed Conflicts, available at 
http://consilium.europa.e u/uedocs/cmsUpload/10019.en08.pdf   
(7) Communication from the Comm ission to the Council, the European Parliament, the 
European Economic and Social Committee and the Committee of the Regions “A 
Special place for Children in EU External  Action”, COM(2008) 55 final, available at 
EN 24   EN http://eur-
lex.europa.eu/LexUriServ/LexUri Serv.do?uri=COM:2008:0055:FIN:EN:PDF   
(8) Council Conclusions on the promotion and prot ection of the rights of the child in the 
European Union's external action the development and humanitarian dimensions, available at http://www.eu2008.si/en/News_and_Docum ents/Council_Conclusions/May/0526_GA
ERC-pravice_otrok.pdf   
E. European Parliament Resolutions: 
(1) European Parliament Resolution of 25 November 2009 on the Communication from 
the Commission to the European Parliament  and the Council – an Area of Freedom 
Security and Justice Serving the Citi zen – Stockholm programme TA (2009) 0090 
25/11/2009, available at http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-
//EP//TEXT+TA+P7-TA-2009-0090+0+DOC+XML+V0//EN ;  
F. Council Documents: 
(1) Council of the European Union documen t no. 17024/09 "The St ockholm Programme – 
an Open and Secure Europe serving and protecting the citizens", available at 
http://ec.europa.eu/justice_home/ne ws/intro/doc/stockholm_program_en.pdf ;  
(2) Council of the European Union document no. 16869/09 "Analysis of the replies to the 
questionnaires on unaccompanied minors arriving to the EU"; 
G. Studies: 
(1) European Migration Network Synthesis Re port "Policies on Reception, Return and 
Integration for, and numbers of, Unacco mpanied Minors – An EU Comparative 
Study"; 
(2) European Union Agency for Fundamental Rights' Report “Separated asylum seeking 
children in EU Member States: an examin ation of living conditions, provisions and 
decision-making procedures in selected EU Member States through child centred 
participatory research”.