Disclaimer

This document is a European Commission staff working document for information purposes. It does not represent an official position of the Commission on this issue, nor does it anticipate such a position.

Contents

I. Introduction. 4

I.1. Proposal for a Regulation establishing an Asylum and Migration Fund. 4

II. Legal Migration and Mobility. 5

II.1. Promoting legal migration channels. 5

II.2 Economic migration. 6

II.1.1 Satisfying labour market needs. 8

II.1.2 Skills recognition. 10

II.1.3 Global Approach to Migration and Mobility. 11

II.1.4 Mobility Partnerships and other (bilateral) agreements with third countries. 13

II.1.5 Highly qualified workers. 15

II.1.5 Students and Researchers. 15

II.2. Family Reunification. 17

II.3. Integration. 20

II.3.1 Promoting and exchanging information on integration. 23

II.3.2 Mainstreaming in other policy areas. 24

II.3.3 Involving other stakeholders. 24

II.3.4 Promoting values and cohesion. 25

II.4. Managing Migration and Mobility. 26

II.4.1 Visa Policy. 26

II.4.2 Frontex. 28

II.4.3 Schengen Governance. 31

II.4.4 Agreements with third countries. 32

II.4.5 Use of modern technology. 33

II.4.6 Training of Border Guards. 35

III. Reducing Irregular Migration and Trafficking in Human Beings. 37

III.1 Reducing Irregular Migration. 37

III.1.1 Information Exchange and Training. 38

III.1.2 Cooperating with (third) countries. 42

III.1.3 Readmission Agreements. 44

III.1.4 Return. 46

III.1.5 Employer Sanctions. 50

III.1.6 Regularisations. 52

III.2 Actions against Trafficking in Human Beings. 52

IV. Promoting International Protection. 55

IV.1. Common European Asylum System.. 55

IV.2. European Asylum Support Office (EASO) 57

IV.3. Intra-EU Solidarity. 57

IV.4. Enhancing the External Dimension. 58

IV.5 Unaccompanied Minors. 59

V. Maximising the Development Impact of Migration and Mobility. 62

V.1 Remittances. 64

V.2 Working with diasporas. 65

VI. Provision and Exchange of Information to support Policy Development 67

VII. Statistical Annex. 69

Table 1: Provisional First residence permits, by reason, in 2011. 69

Table 2: Unemployment rate of third-country nationals, in 2011. 71

Table 3: Number of visas issued, by type, in 2011. 73

Table 4: Training of border guards on asylum, in 2011. 75

Table 5: Third-country nationals Refused Entry, Apprehended, ordered to leave and returned, in 2011 77

Table 6: Number of third-country nationals regularised, in 2011. 80

Table 7: Data on human trafficking, in 2011. 82

Table 8: Asylum Applicants and First Instance Decisions by Outcome, in 2011. 84

Table 9: The number of third-country nationals relocated and resettled, in 2011. 87

Table 10: Unaccompanied minors, in 2011. 88

VIII. .... Abbreviations Used. 89

I. Introduction

This paper provides a factual overview of the main developments in migration and international protection during 2011 at both EU and national level. It complements the accompanying Communication from the Commission.[1] The reporting period is from 1 January 2011 to 31 December 2011.

Following an introduction to the more horizontal, cross-cutting proposal for future Union funding of asylum and migration beyond 2013, the paper is then structured according to the following main sections: Legal Migration and Mobility; Reducing Irregular Migration and Trafficking in Human Beings; Promoting International Protection; and Maximising the Development Impact of Migration and Mobility; plus one on Provision and Exchange of Information to support Policy Development. Further sub-sections on more specific topics within these broad categories are also included. In addition, a detailed Statistical Annex (Section VII) providing data primarily for 2011 is also given.

Information on developments at EU level were provided primarily by the Commission, with developments at national level[2] based primarily on the information provided by National Contact Points of the European Migration Network (EMN NCPs), including Norway,[3] as part of its Annual Policy Report activity.[4]

I.1. Proposal for a Regulation establishing an Asylum and Migration Fund[5]

On 15 November 2011, the Commission published a proposal for a Regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund in view of the new multiannual financial framework 2014-2020. Discussions on this proposal with the co-legislators have started. The Fund intends to focus on people flows and the integrated management of migration. It also proposes to support actions in relation to inter alia asylum and migration, the integration of third-country nationals and return management.

The proposal foresees that more than 80% of the Fund's resources will be channelled through national programmes of Member States covering the whole period 2014-2020. Following a policy dialogue with the Commission, each Member State would design its programme pursuing the objectives of the Fund and taking into account its respective policy needs. Approximately one fifth of the Fund's resources would be managed directly by the Commission to support Union actions, the functioning of the European Migration Network and to provide emergency assistance. An important part of the financial resources for Union actions would be for the external dimension in the field of asylum and migration policy to cater for the EU interests in its relations with third countries. It would be possible to support the cooperation with third countries on the implementation of readmission agreements, mobility partnerships and regional protection programmes. Based on the experience with the latest crisis in the Mediterranean, the Fund also foresees an emergency assistance mechanism able to respond quickly to different aspects of migratory pressure in Member States and third countries.

In the field of legal migration and integration, the Fund would encourage the development of proactive immigration strategies relevant to and supportive of the integration process of third-country nationals, including during the pre-departure stage. It will promote a local approach to integration by fostering the regional and local cooperation in the development of integration strategies and measures. Particular attention in the integration process is paid to the specific needs of asylum seekers and beneficiaries of international protection, as well as to vulnerable groups of migrants (unaccompanied minors, women, youth and children, the elderly, etc.).

In the field of return, the Fund would further support fair and effective return management with emphasis on voluntary return, promote a more strategic focus on EU standards through implementation of actions linked to the requirements of the EU acquis on return and through co-operation with other Member States.

In the field of asylum, the Fund would continue to strengthen and develop the Common European Asylum System by ensuring the efficient and uniform application of the EU acquis on asylum and enhance the solidarity and responsibility sharing between the Member States, in particular towards those most affected by migration and asylum flows. In this respect, the Fund contains an ambitious resettlement and relocation component allowing Member States to support not only the preparatory actions related to resettlement and relocation operations, but also the setting up and development of necessary infrastructure and services.

II. Legal Migration and Mobility

Table 1 in the Statistical Annex gives a provisional overview of the residence permits issued in 2011 by reason (family, education, remunerated activities and other). Of the Member States providing such data, most residence permits were issued by IT (331 100) and FR (193 400). Member States which issued permits mainly for family reasons were EL (57.1% of all permits they issued), PT (45.2%), and FI (43.5%). The highest proportions of permits issued for the purpose of education were by MT (32.4%), HU (31.4%) and DE (31.0%). Those who issued permits mostly for the purpose of remunerated activities were CY (72.6%), LT (52.6%) and PL (49.7%). The highest share of permits issued for ‘other reasons’ was by LV (48.5%).

II.1. Promoting legal migration channels

At EU level, the Commission launched in November 2011 the 'EU Immigration Portal,'[6] a website with hands-on information for migrants interested in moving to the EU. The site is also directed at already legally residing migrants who would like to move from one Member State to another. It provides specific information about migration procedures in all 27 Member States, plus links to their national immigration websites. Migrants and potential migrants can also find a vast contact directory of governmental and non-governmental organisations which can help them. Most Member States (BE, CZ, IE, EE, EL, ES, IT, CY, LV, LT, HU, MT, NL, AT, SK, FI, SE, UK) reported making contributions or planning to make contributions to the EU Immigration Portal.

At national level, almost all Member States and NO provided information on the possibilities and conditions of legal migration. Such information was mainly available on the official websites of Ministries and/or employment agencies (BE, CZ, DK, DE, EE, EL, ES, FR, IT, CY, LT, LU, NL, AT, PL, PT, SI, SK, FI, SE, UK), or in specific brochures published in different languages and/or in other media (ES, IT, LV, LT, LU, PL, PT, UK). A number of Member States (DE, EL, HU, AT, SI, FI, UK) worked towards, or launched, a “one-stop shop” providing inter alia information on legal migration, integrating all its online information into one single site to provide improved quality of information and easier access for applicants. For example, in FI, the JUPO project continued, developing the website of the Finnish Immigration Service together with the Info Bank Online Services aimed at migrants. A user panel of 15 migrants was set up to help with the task. In DE, next to its one-stop shop, the Federal Agency for Employment also offers a Migration Check on the internet, by means of which employers and interested third-country nationals can obtain initial information whether the intended employment could be admitted. In IT, a number of thematic sites exist, providing information regarding the entry visa, entry for study reasons and circular mobility. In LV, the Ministry of Culture published a booklet for third-country nationals entering the Member State for employment, family reunification or study, available in Latvian, English and Russian, with information provided on administrative procedures. AT launched a migration platform (www.migration.gv.at) which contains information, in both German and English, on the main requirements for entering Austria, as well as on living and working there. Similarly, SI launched a migration platform (www.infotujci.si) which contains information in seven foreign languages (SI, EN, FR, ES, RU, BA, AL) on the main requirements for entering Slovenia, as well as on living and working there. The UK also used student fairs and conferences and television series to raise awareness of visa requirements and legal migration.

Some Member States (FR, NL, SK, UK) made use of their embassies abroad to disseminate information on the possibilities and conditions of legal migration. For example, the NL used a joint knowledge bank with the Ministry of Foreign Affairs to answer questions from third-country nationals. In 2011, a project was launched to make the knowledge bank “Atlas” available to diplomatic posts.

With regard to future measures, CY plans to publish information leaflets on legal migration for 2012, covering the procedures of entry, residence and employment and others on the rights and obligations of third-country national workers. These will be available in the languages of the main countries of origin of the workers, with the financial support from the European Integration Fund. For third-country nationals with a risk of exploitation, CY will also take steps for their employment contracts to be translated in their mother tongue. In its strategy document "Polish Migration Policy: Current state of play and further actions" adopted in 2011, PL envisages the organisation of information campaigns in the main countries of origin of third-country nationals coming to Poland, providing comprehensive single-source information on legal migration to the country. As part of its new Migration Policy, SK plans to create information and consultation centres for migrants to improve their access to information about entry and residence, and about living and working conditions including information on countries of origin.

II.2 Economic migration

At EU level, the Single Permit Directive[7] was finally adopted in December 2011. The new legislation provides for a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for legally residing third-country national workers, in order to simplify migration procedures and ensure that workers from countries outside the EU, legally residing in a Member State, will enjoy a common set of rights on equal footing with nationals. Member States must transpose the Directive by 25 December 2013.

The Commission assisted in the negotiations of the European Parliament and the Council on the proposals for Directives on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment[8] and on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer.[9] An evaluation report on the Long term Residents' Directive (2003/109/EC)[10] was presented in September 2011.

Table 2 in the Statistical Annex gives a provisional overview of the unemployment rate of third-country nationals. Of those Member States able to provide data, the highest rates are reported by ES (35.3%) and SE (31.6%).

At national level, many Member States (CZ, LV, AT, PL, RO, SK) plus NO adopted new policies for labour migration or introduced legislation to implement policies for labour migration. This included the adoption of strategic policy documents (CZ, PL, RO, SK) and the introduction of a new points-based migration model primarily for qualified and highly qualified third-country nationals (AT). With regard to new policy documents, in CZ, the strategic policy document “New System of Economic Immigration” provided for the setting up of transparent conditions for economic migration (including employment, self-employment and for business) of third-country nationals, increasing the responsibilities of various entities involved in the migration process and strengthening the links between immigration and integration of third-country nationals. For RO, the new National Strategy on Immigration (2011-2014) set as a strategic objective the promotion of legal migration for the benefit of all parties: Romanian society, immigrants and their countries of origin. SK outlined a number of measures in its new policy for migration – these include, inter alia the establishment of an Immigration and Naturalisation Office, the promotion of economic immigration in line with the economy’s needs, and emphasis on highly qualified migrants.

Several Member States (BE, EE, EL, ES, LV, LT, LU, HU, PL, SI, SK) and NO made changes to their existing policies. For example, BE adopted a Royal Decree adapting the existing law on the employment of third-country national workers exempting family members of EU citizens from the labour card obligation. EE, LV, LU and SI made several legislative changes to their respective Aliens Act following the transposition of the Blue Card Directive. This included, amongst others, the abolition of the labour market test (LV) when extending the residence permit for employment (EE), the placement of an obligation on employers to notify the Police about third-country nationals’ commencing work or failing to commence work when expected to (EE), granting residence permits to family members for a maximum of six months after the application date (LU), and of an identical duration as that of the Blue Card holders (LU). SI introduced a new Employment and Work of Aliens Act which inter alia abolishes seasonal work in catering and tourism and in construction. In SK, amendments were made to existing legislation relating to Employment Services in order to prevent abuse. These included placing an obligation on employers to request a valid residence document from third-country nationals prior to their employment, as well as obliging employers to inform the Office of Labour, Social Affairs and Family regarding the start and end of an employment relationship of a third-country national or an EU national and their family members. These changes were made within the framework of the transposition of the Blue Card Directive and the Employer Sanctions Directive.

The new Aliens Act implementing Regulation in ES consolidated a model based on legal migration linked to the labour market, encouraging social cohesion and integration. In LV, a new Regulation was adopted which facilitated the process for acquiring a work permit, by marking residence permits for “commercial activity”, thus removing the need for third-country nationals to reapply for separate work permits each time they change job. The Regulation also extended the group of migrants able to work in the territory without a work permit to those entering for family reunification and studies. In LT, the Law on Employment through Temporary Agencies entered into force, which aimed to promote the flexibility of the labour market and its adaptation to different market conditions. In PL, the Act on the Promotion of Employment and Labour Market Institutions and certain other Acts and Ordinances were amended, affecting who (i.e. citizens from Belarus, Georgia, Republic of Moldova [henceforth Moldova], Russian Federation and Ukraine) and how long (i.e. maximum six months) third-country nationals can work in Poland on the basis of a statement of the employer, and what this statement registered in a Poviat Labour Office should consist of. The UK made several changes to the Points Based System (PBS). For workers, the changes included applying an upper numerical limit and greater selectivity for workers admitted to fill specific vacancies at higher skill levels, while improving the routes available to those migrants who would generate wealth or become leaders in their field. In NO, a new rule was introduced which enabled failed asylum applicants to reapply for a residence permit as a labour migrant and subsequently avoid multiple-year entry bans.

II.1.1 Satisfying labour market needs[11]

To ensure that labour migration meets the various needs of the labour market, some Member States (CZ, EE, IT, PT, UK) and NO reported on the implementation of their annual quotas as well as, in AT, changes experienced in their quota system. In EE, after the annual immigration quota set for 2011 was attained already in August 2011, the quota was raised to 1 344 – i.e. 0.1% of the Estonian population. In IT, after an initial Flow Decree enabling the entry of 60 000 seasonal workers (March 2011), a further Flow Decree enacted in December 2010 and implemented in 2011, foresaw 98 080 employed third-country nationals. The UK also placed a limit of 21 000 on the third-country nationals permitted to enter for Tier 1 (high-value migrants) and Tier 2 (skilled migrants with a job offer) of the PBS combined in 2011-2012. In NO, the quota for new permits for skilled labour migrants was maintained at 5 000 persons, but was not reached in 2011.

In addition, some Member States (DK, DE, ES, FR, LT, CY, UK) made changes to their list of professions and/or sectors where labour shortages existed. DK developed a ‘Positive list,’ which gives easy access for professions where there is a shortage of qualified professionals and DE adopted the Skilled Labour Concept, which comprised the setup of a shortage occupation list checked and updated on a bi-annual basis and for which priority checks are no longer required. In ES, these changes included the reduction in the number of occupations included in the Catalogue of Occupations in Short Supply, a self-regulated instrument which reflects changes in the labour market, produced on a quarterly basis in ES. The new Aliens Act Implementing Regulation aims at improving labour needs forecasting mechanism mainly by increasing the number of information sources to be used in the preparation of this catalogue (i.e. statistics on persons registered as job seekers in the National Public Employment Services). The list of occupations in short supply is produced on a bi-annual basis in LT. Elsewhere, FR created a new list of 14 occupations, fixing the regional occupation list for third-country nationals; CY placed restrictions on sectors for employment for third-country nationals; and LT listed shipbuilding and repair, transportation and services as understaffed occupations. In the UK, the Government adopted recommendations made by the Migration Advisory Committee (MAC) to revise the shortage occupation list. AT considered the implementation of a new shortage occupation list for 2012.

The particular groups of migrants favoured in some Member States included the following: highly-qualified workers (NL, AT, SK, UK), skilled workers and key workers (AT), scientific workers (SK), and migrants who are investors or entrepreneurs or who are leaders in the fields of science, engineering, humanities or the arts (UK).

In regard to links with third countries, DK concluded a reciprocal Working Holiday Agreement with Argentina to allow young Argentinean citizens to travel in DK for up to a year and work for up to six months to explore the possibilities of studying and working there. Such Working Holiday Agreements also exist between DK and Australia, Canada, Chile, Japan, New Zealand and South Korea. In ES the new Aliens Act implementing Regulation enables the representatives of employers’ organisations and trade unions in both Spain and the country of origin to participate as advisers in the selection process of recruiting abroad, when the relevant administrations request this. Moreover, information on the national employment situation prepared by the National Public Employment Service and proposals from employers and trade union organisations are taken into account in order to prepare the annual forecast of positions to be recruited from abroad. FI entered into negotiations for a Memorandum of Understanding with China which aimed to enhance the exchange of information of both authorities on labour market issues.

ES, IT, CY and UK reported on changes experienced as a result of the economic crisis. ES, which also focused on the professional retraining of unemployed, including migrant workers, experienced a reduction of 40% in the number of occupations in its Catalogue of Occupations in Short Supply, in the fourth quarter of 2011, compared with the fourth quarter of 2010. In CY, the Ministerial Committee for the Employment of Third-Country Nationals restricted approvals to employers only for sectors where needs could not be met by Cypriot or EU citizens and suspended the employment of citizens of Vietnam, Ethiopia and Myanmar as domestic workers, deemed vulnerable to exploitation. In IT the government announced that no annual quotas for subordinate employment would be applied, with 280 000 unemployed third-country nationals given priority placement. In the UK, the shortage occupation list became substantially more selective due to the economic crisis and to the Government's aim to limit numbers of non-EEA migrants coming to the UK. It now concerns only 190 000 employees, 1% of the total UK work force.

Many Member States (BE, CZ, DK, DE, IE, EE, EL, ES, FR, IT, LV, LU, AT, PL, SK, FI, UK) reported on the methods and tools used to analyse labour market needs and shortages and to satisfy labour demand, as well as the actors involved in the process. Methods included forecasting (EE, IT, LV, LU, FI) and longitudinal studies (LU); undertaking an annual prognosis on the development of the structure of the workforce and labour reserves (LU, FI); publishing biannually, a labour market analysis on the employment prospects for different types of jobs (DK); undertaking employer surveys (PL, FI); and drawing up shortage occupation lists (BE, CZ, DE, IE, EL, ES, FR, AT, SK, UK). In addition, IE reported that the National Skills Bulletin published in 2011 indicated no change in occupations for which new work permits would be issued. The Bulletin showed that no labour shortages exist in the Irish labour market and that skills shortages continued to be confined to senior positions, skilled professionals and particularly "niche" areas, such as positions with foreign languages. By contrast, in LV, the Ministry of Economics published a report forecasting labour demand and supply to 2016, as affected by demographic trends, economic activity, education and professional mobility. The Report predicted that 7.1% to 9.9% of labour demand would not be met in 2016. With regard to the actors involved in the process, in LU, the reform of the Employment Office included the introduction of an Observatory of the Labour Market to enable a better understanding of the functioning of the labour market. PL plans to set up a system for monitoring labour market needs and shortages, as laid down in the strategy document “The Polish Migration Policy” adopted by the inter-ministerial Committee on Migration on 20th July 2011 and to be implemented in 2012. In SE, many national authorities and research institutes are involved in analysing the future labour market needs, with the government giving its assessment in the annual budget bill. In the UK, the identification of shortage occupations and revisions to the list were based on detailed analysis of labour market indicators and evidence from employers, unions and other organisations. The MAC (Migration Advisory Committee) also works closely with the UK’s skills and employment body, the UK Commission for Employment and Skills.

Concerning points systems, developments occurred in both AT and UK. AT introduced a points system, dependent on a number of criteria, such as level of education, work experience, language skills, age, effects on the labour market, capability of the national economy and security aspects. In UK, a model was introduced for operating the Tier 2 limit where Certificates of Sponsorship are prioritised according to a points table and distributed to employers on a monthly basis. Priority is given to those applying for a shortage occupation, as specified on the Shortage Occupation List, secondly to those applying for a job requiring PhD-level skills and a Resident Labour Market Test, and lastly to other Resident Labour Market Test applicants. Points are also awarded for higher salaried jobs.

A few Member States (IE, LV, SI, SK) and NO reported on future measures. In IE, the adoption of the Qualifications and Quality Assurance (Education and Training) Bill 2011 was planned. LV reported that the Office of Citizenship and Migration Affairs was in the process of developing an Immigration Conception by December 2012 which would, amongst others, address the possibility of introducing quotas for labour migration. In SI there will be changes and amendments to the Act on the Procedure of Recognising the Qualifications of EU, EEA and Swiss Confederation nationals performing regular occupations or activities in Slovenia. It extends the scope of beneficiaries to the procedure for recognising professional qualifications also to certain third-country nationals. SK acknowledged the need to improve labour matching due to the absence of a comprehensive strategy. The need to have an efficient collection and processing of labour market data and the creation of regularly updated list of jobs that encounter a lack of labour forces was highlighted. SK also planned to undertake analysis of the national economy’s needs and the benefits of economic migrants as a basis for considering the adoption of regulatory and control measures, as well as incentives for third-country nationals wishing to work in SK. In NO, recommendations proposed in the "Better Integration" report were under consideration.

ES, FR and LV described the effects of the economic crisis on national policies for skills recognition and labour matching. For instance, in FR, the list of occupations open to third-country nationals was re-examined due to the economic situation. LV’s forecasting reports noted a number of drivers which would impact on the balance between labour demand and supply.

II.1.2 Skills recognition

Many Member States undertook actions related to skills recognition and labour matching. For skills recognition, some Member States (DE, IT, CY, LT, NL, PT) and NO undertook actions to facilitate procedures. These included introducing the Act for improving the establishment and recognition of professional qualifications acquired abroad, in order to promote the legal right to an evaluation procedure of the professional qualifications acquired abroad and to remove the requirement of German citizenship to access employment in a number of occupations (DE); approving a Standard Procedure for Recognition of Regulated Professional Qualifications to ensure that third-country nationals can work in similar professions in the Member State (LT); modifying the accreditation of credentials (NL); and establishing a database online for academic records/recognition of qualifications (PT). In addition, IE introduced future legislative changes through the Qualifications and Quality Assurance (Education and Training) Bill which seeks to provide for the establishment of a Qualifications and Quality Assurance Authority, amalgamating responsibilities currently falling under a number of authorities. In 2011, NL offered legally residing third-country nationals the same rights to skills recognition as citizens, meaning that they were entitled to the recognition of diplomas, with accreditation of prior learning expedited. NL is looking into options to extend this system to persons benefiting from international protection. PT’s Institute for Employment and Professional Training provided information online relating to the recognition of qualifications from third countries, with training also provided to mediators at the National Immigrant Support Centre in Lisbon on mechanisms for academic and professional recognition. SE's National Agency for Higher Education is responsible for developing a national framework for validation of foreign professional qualifications, as well as providing certificates and synchronising joint efforts with relevant stakeholders in the field. In NO, a report on “Better Integration” was published which analysed skills recognition for migrant workers and recommended a faster and more accessible skills recognition process.

II.1.3 Global Approach to Migration and Mobility

At EU level, and following an extensive evaluation and external consultation process, the Commission adopted a Communication on the new Global Approach to Migration and Mobility (GAMM)[12] which defines the overarching framework of the EU external migration policy and includes a more consistent, systematic and strategic approach in the EU relations with third counties. The GAMM highlights the need to include the external EU migration policy in other relevant EU policies (both with the external and development policies and with other internal policies, such as economic, employment, education and social policies). The migrant's perspective is at the centre of the new framework: special attention is paid to their aspirations and concerns, to the compliance with human rights standards in all actions and to the situation of vulnerable groups, such as unaccompanied minors or the victims of trafficking.

The new framework is based on four pillars: facilitating and organising legal migration and mobility; preventing and reducing irregular migration and trafficking in human beings; promoting international protection and enhancing the external dimension of asylum policy; and maximising the development impact of migration and mobility. The GAMM is global in its geographical scope, though the intensity of the cooperation will be more intense with certain regions, in particular with countries in the EU Neighbourhood. Migration Dialogues continue to drive EU cooperation with third countries and regions. Once progress is achieved, cooperation can step up through the conclusion of a Mobility Partnership, the main framework for cooperation which should include provisions on visa facilitation and readmission, or a Common Agenda on Migration and Mobility, a lighter form of cooperation that can eventually evolve into a Mobility Partnership (see Section II.1.4). Concrete results were achieved with Southern Mediterranean countries, where dialogues on migration, mobility and security have started with Tunisia and Morocco in October 2011.

The issue of brain drain is systematically addressed in these dialogues and cooperation's with third countries. The "EU Blue Card" Directive encourages Member States to refrain from pursuing active recruitment in developing countries in sectors suffering from a lack of personnel. Furthermore, Member States may reject an application for an EU Blue Card in order to ensure ethical recruitment in sectors suffering from a lack of qualified workers in the countries of origin. This issue is identified as a priority in the four Mobility Partnerships signed so far, including the latest, the EU-Armenia Mobility Partnership signed in October 2011. Migration and development is an important part of the Prague Process Action Plan, adopted at the Ministerial Conference in Poznan. The EU has approved financial assistance for projects aiming to minimise the negative effects and maximise the positive impact of migrants on their countries of origin.

At national level, some Member States (DE, IE, ES, NL, PT, SE) reported on ongoing actions to prevent or not aggravate brain drain. These included a Returning Experts programme offering, amongst others, individual counselling on return and career planning, help in networking with important local organisations and financial support (DE); initiating a recruitment campaign with Pakistan and India for non-consultant level hospital doctors in compliance with the World Health Organisation Guidelines on Ethical Recruitment (IE); establishing an Immigration Integration Plan Working Group dealing with measures aimed at brain drain which, among others, re-established the need to align the granting of scholarships with the labour market situation of the country of origin (PT); developing data and indicators for the phenomena of brain drain (SE); and developing a system giving preferential access to the labour market for migrants committed to return to their country of origin and potentially rejecting future applications in the case of non-return (ES). In addition, in NL, the second stage of the IOM’s Temporary Return of Qualified Nationals project was extended to 2012, providing migrants with the opportunity to help with the reconstruction of their country of origin. This included the temporary outsourcing of migrants to their country of origin in order to carry out work for which there is no local expertise.

In order to prevent brain drain relating to students, ES reported that it does not permit the issuance of residence and work permits to students who have been subsidised by the Member State or the country of origin to undertake their studies on its territory.

With regard to temporary and circular migration,[13] some Member States (CZ, ES, FR, SE) undertook actions or introduced legislation to favour these types of migration. Measures included clarifying and speeding up procedures to facilitate a ‘circular migration model’ of seasonal work and strengthening the rights of the workers involved or developing a system giving preferential access to the labour market for migrants committed to return to their country of origin and potentially rejecting future applications in the case of non-return (ES); and the publication of a parliamentary report proposing legislative changes and other recommendations to facilitate and stimulate circular migration with third countries so as to promote positive development (SE). In addition, in FR, in order to better articulate migration and development policies, a new concept of Solidarity Development was adopted for partnerships with countries of origin. The new policy encourages the migration of students who study in France and then return to their country of origin in order to use their skills obtained. After completing their studies (at least a master’s degree), students are entitled to stay for six months in order to receive a “first experience” in the French market with a view to bring their experience to their country of origin.

Some Member States (CZ, IT, SK, UK) planned future actions relating to temporary and circular migration. CZ plans to introduce a new admission category for temporary-circular labour migrants with simplified admission rules for circular migrations. In IT, investments were planned to promote circular migration. SK, as part of its new Migration Policy, developed plans to update the provisions of the legal framework enabling the entry of migrants to the labour market for short-term employment. In the UK, it was proposed to break the link between temporary and permanent migration by reducing the number of migrants eligible to stay permanently in the UK.

II.1.4 Mobility Partnerships and other (bilateral) agreements with third countries

At EU level, concrete proposals were made to enhance further the level of political and operational cooperation in the area of Justice and Home Affairs between the EU and its Eastern Partners (so-called "Eastern Partnership"), including inter alia investigating the further opening of legal migration channels for migrants.[14]

The implementation of the Mobility Partnerships signed with Moldova (2008), Cape Verde (2008) and Georgia (2009) progressed with new projects approved for funding. For Moldova, a High Level Meeting took place in November 2011. A number of new initiatives have been launched, including on mobility of health workers and strengthening the capacity of the Moldovan authorities to negotiate and implement social security agreements. In Georgia, the Mobility Centre established with the support of the EU was inaugurated in March 2011. A new Mobility Partnership between the EU, involving 10 EU Member States, and Armenia was signed in October 2011. The EU has started a process towards negotiating new Mobility Partnerships with other countries, including Tunisia and Morocco.

At national level, ten Member States (BE, BG, CZ, DE, FR, IT, NL, PL, RO and SE) entered into the fourth EU Mobility Partnership concluded with Armenia on 27th October 2011, to promote mobility and co-operation on migration issues. Member States continued their participation in all EU Mobility Partnerships, including those with Moldova (reported by BG, DE, EL, CY, IT, PL, PT, SK, SE), Georgia (reported by BE, BG, DE, EE, EL, LV, PL, SE, UK) and Cape Verde (reported by ES, FR, LU, NL, PT). NL noted that whilst with Georgia the emphasis is on return and reintegration, for Armenia and Cape Verde their emphasis is on strengthening migration management. Other than their involvement in the current Mobility Partnerships with Armenia, Cape Verde, Georgia and Moldova, no Member States reported the development of new multilateral agreements.

Six Member States (BE, CZ, DE, HU, PL, RO) explicitly referred to the EU Mobility Partnerships with Armenia, Moldova and Georgia as tools to facilitate labour migration with nationals of partner countries to the East and South East of Europe. In DE, for example, through these partnerships, citizens of Moldova and Georgia (as well as Armenia in the future), who have legal residence titles in DE, are able to leave DE for longer periods than the usual 6 months (i.e. for up to 24 months) without losing their residence titles. CZ has specifically developed cooperation on (circular) labour migration with Georgia. HU concluded a project to inform potential migrants from Moldova about legal migration routes to the EU and legal employment in Member States, as well as the risks of irregular migration, and assistance for returning migrants.

The UK described its involvement in negotiating the planned new Mobility Partnership with Ghana, which it expects will be concluded in 2012. The Partnership will include support (including funding) for capacity building project work, where the UK aims to focus on border capacity management. The Partnership will be the first of its kind in Sub-Saharan Africa to offer practical solutions in a key source country to address the issue of irregular migrants coming to the EU.

Under a new, simplified system, aimed at reducing irregular migration, citizens of Ukraine, Belarus, Russian Federation, Moldova and Georgia were granted the possibility to work in PL for up to 6 months within a period of 12 months, without the need to obtain a work permit.

In the main, however, Member States have not reported that their labour migration policy specifically favours labour migration from countries to the East and South of Europe. However, three Member States (EL, EE, IT) have adopted policies to facilitate opportunities for labour migration from countries to the East and South of Europe. To promote its work with the Eastern partnership, EE and LT exempted citizens of Belarus from paying the state fee when submitting an application for long-stay ‘D’-visa.[15] EL has amended the provisions of its laws on national visas for seasonal workers and fisheries employees, which facilitates the employment of, amongst others, third-country nationals from Egypt in the fisheries sector. Most countries with which IT has signed labour mobility and readmission agreements benefit from a privileged treatment in the entry procedures, through the assignment of specific quotas. These include countries from the East and South of Europe. In relation to the development of circular migration, no Member States have reported that they favoured circular migration from East and South of Europe in their labour market policy.

A number of Member States (ES, FI, HU, IT, LV, NL, SK) referred to new bilateral agreements concluded in addition to those outlined above. ES developed new bilateral agreements with Cameroon, Brazil, Bosnia and Herzegovina, Croatia and Jordan for combating criminality, including human trafficking and organised crime. FI concluded a bilateral social security agreement with India to enable the co-ordination of pension rights of persons moving between the two countries. FI also highlighted a planned memorandum of understanding, to be signed with China, regarding labour market issues. PL signed a bilateral local border traffic agreement with the Russian Federation (Kaliningrad Oblast).

IT signed a new agreement with Tunisia in relation to departure controls and readmissions. LV developed an agreement with Belarus to enhance its cooperation and develop its relations with and to simplify travel procedures for residents at borderlands, respecting geographical proximity and a shared cultural heritage. SK concluded a bilateral agreement with Canada for the promotion of university education. These Member States worked independently of the EU in developing these agreements.

BE, HU and SE reported that they were in the process of negotiating or re-negotiating new bilateral agreements. BE described its work in supporting the Rabat Process on Migration and Development, and negotiated with the Moroccan government a renewal of their bilateral agreement on social security rights. The purpose of this action was to ensure the equal treatment of Moroccan and Belgian nationals in terms of social security rights and obligations, as well as the portability of rights acquired. HU aims to conclude a bilateral readmission agreement with Kosovo,[16] as part of its commitment to deepen cooperation between countries of origin and transit, to address irregular migration. SE referred to their negotiation of bilateral agreements with both India and the Russian Federation concerning labour migration. Again, the Member States involved worked independently of the EU in developing these agreements.

ES has played a major role in the elaboration of the strategy in the Third Euro-African Ministerial Conference on Migration and Development which contains three pillars for cooperation and dialogue: organising legal migration, fight against irregular migration and strengthening the synergies between migration and development.

II.1.5 Highly qualified workers

At EU level, the Commission launched a first set of infringement procedures for non-communication of national measures transposing the "EU Blue Card" Directive[17] by sending reasoned opinions to Malta, Germany, Sweden, Poland, Portugal and Italy in October 2011. At the end of December 2011 only the case against Malta was closed. The next step will be referral to the European Court of Justice and the possible imposition of a financial sanction. A second set of infringements was launched in February 2012 with the sending of reasoned opinions to Slovenia, Austria, Cyprus, Greece and Finland.

At national level, many Member States (BE, CZ, DK, DE, EE, ES, FR, IT, LV, LT, LU, NL, AT, SI, SK, SE, UK) reported on new steps taken to increase the attractiveness of the EU for highly qualified workers. For example, in ES, the new Aliens Act Implementing Regulation includes a preferential and privileged procedure for Blue Card holders and their family members. Following the introduction of the “Red-White-Red Card” in AT, no quota system applies to highly qualified workers. In addition, certain highly qualified third-country nationals are now entitled to obtain a “visa for the purpose of a job search” and stay for six months in the territory (to look for employment) without already having been guaranteed work. The Government in DK has undertaken general measures to attract highly qualified workers, and specific measures to facilitate access of such workers to the ‘cleantech’ sector. There is also a Job Card Scheme, informed by DK’s bi-annual labour market analysis, which allows easier and faster access to a residence permit for priority professions. In DE, the Federal government adopted a draft law to lower the annual salary threshold from €66 000 to €48 000 and to immediately obtain a permanent right of residence in DE for highly qualified workers. Furthermore, scientists with special expertise, teaching personnel and scientific staff in leading positions continue to be exempted from this salary threshold. In LU, new tax provisions for highly qualified people, approved in December 2010, became applicable in 2011, resulting in a tax relief regarding certain expenses paid for by the employer within the context of recruitment or expatriation, subject to not exceeding a reasonable amount. NL prepared the launch of a pilot project, due in 2012, which would facilitate stays of shorter than three months for highly qualified workers. This new system would no longer require the verification of labour supply in the market for those wishing to work for fewer than three months. UK launched an “Exceptional Talent” route (Tier 1 of its Points Based System (PBS)) for third-country nationals recognised, or having the potential to be recognised, as leaders in the fields of science, engineering, humanities and arts. Changes were also introduced relating to the settlement rights of migrants. Fast track settlement rights for investors and entrepreneurs were introduced, with those in Tier 1, investing €6 million, gaining settlement after three years, for example. Though the UK introduced these incentives for specific types of highly qualified workers, it required those wishing to obtain highly skilled employment to apply through Tier 2 of the PBS, where they need to have an offer of a graduate level job from a licensed employer prior to arrival. With regard to intra-corporate transferees, the UK excluded these workers from the annual limit but introduced a new salary threshold linked to the length of their stay.

II.1.5 Students and Researchers

At EU level, evaluation reports on the Students Directive (2004/114/EC)[18] and on the Researchers' Directive (2005/71/EC)[19] were presented. These reports identified a number of shortcomings which could be taken into consideration in order to revise the current legal framework and possibly merge the Researchers and the Students Directives into a single instrument.

At national level, a number of Member States undertook actions or put forward proposals for future changes to their policy area concerning students (IE, DE, ES, FR, LV, LT, AT, PL, PT, SK, UK) and researchers (DE, ES, FR, LU, PL).

For students, a few Member States (IE, ES, FR, LV, LT, AT, PT, SK) undertook new actions or modified procedures to facilitate the entry and stay of third-country nationals through the simplification of procedures. For example, LT introduced new rules regulating the issuance of visas which expanded the range of students to whom multi-entry national visas may be issued. Moreover, a Programme was launched concerning the Internationalisation of Higher Education which included the promotion of academic mobility of students and teachers and the elimination of barriers for these individuals to enter the Member State. To facilitate access of third-country nationals to higher education in PT, the system of Simplified Certification of Foreign Citizens, which streamlines the process of validating documents of candidate students from third countries, was consolidated. SE introduced tuition fees for third-country nationals coming to study, as well as two scholarship schemes. The Swedish Aid Programme, for example, targeted highly-qualified students from 12 countries, covering tuition and accommodation.

DE, ES, AT and SK amended legislation in order to modify entry and stay procedures for third-country national students. In DE, a newly adopted draft law aims at allowing international students with a degree from a German university to work without restrictions during the twelve months they are authorised to look for a job after the completion of their degree. After two years of work, they are eligible for a permanent residence permit. This draft law also plans to facilitate the process of admitting researchers. In AT, new provisions were introduced through the amendment of past legislation, allowing third-country nationals who have completed a university degree there to stay for a further six months following completion of their studies for the purpose of finding a job. The new Aliens Act Implementing Regulation in ES implemented the provisions for studying, student mobility, unremunerated internships and voluntary work, allowing mobility and, in some cases, permits for paid employment or self-employment for students. In IE, the new Immigration Regime for full-time non-EEA students entered into force.

In the UK, changes were made to Tier 4 (Student Tier) of the PBS to tackle abuse and improve the support and oversight given to flows of international students. Changes included increasing the level of English language requirements, refusing entry at the border to students who cannot communicate with UK Border Agency staff without an interpreter, placing restrictions on the right to work for some students and reserving the right to bring dependents only for postgraduate university students and some government sponsored students. Institutions were also required to be licensed as Highly Trusted Sponsors by the UK Border Agency. These changes provided greater guarantees for genuine students that they were studying at bona fide institutions.

Concerning cooperation with third countries, SK and LT negotiated with New Zealand concerning the “Work-Leave Programme.” Upon its entry into force, this programme will increase the opportunities for young people of these Member States to take up short-term training, study and/or employment opportunities in New Zealand. SK also entered into an agreement regarding Youth Mobility with Canada which aimed to simplify the administrative procedures governing the entry and stay of young citizens between 18 and 35 years for the purpose of completing their higher education, attending special preparation with an internship programme or obtaining work experience.

Concerning future actions, a five year strategy continued in IE entitled “Investing in Global Relationships.” The strategy set the objectives of increasing the number of international students in both higher education and English language schools by 50% and 25% respectively by 2015 and of raising the economic impact of the international education sector for IE by €300 million to approximately €1.2 billion in 2015. It also aimed to align immigration rules with specific courses, by introducing fast-track visas for some degree programmes. LT in its draft law proposes more favourable rules for employment of students during their studies, as well as in the period following their studies. In LU, the draft Act on Foreigners foresees the issuing of temporary residence permits for third-country nationals starting their studies for the duration of one year and three additional months and of a two-year residence permit if they continue their studies, in line with Council Directive 2004/114/EC.

For researchers, legislative instruments were introduced in ES and FR in order to facilitate the applications for researchers wishing to enter these Member States. In ES, the new Regulation encouraged researchers to relocate to Spain, with a new regime for work and residence permits introduced enabling third-country nationals to initiate projects with research bodies there. In FR, a 2011 Decree extended the possibility of benefiting from a long-stay visa providing exemption from a residence permit to scientists, researchers and trainees. With regard to future measures, as part of its 2020 National Reform Programme, the LU Government intends to develop, in agreement with the public research institutions, a range of consistent actions focusing on recruitment, training, skills and career prospects for researchers of third country and EU origin to develop an environment favourable to the boom in research. Concerning University lecturers, LT, in its draft law, proposes to facilitate the entry of lecturers and their family members and to distinguish it as a separate group in the law. Amending legislation in SK newly defined the conditions of admission of third-country nationals for the purposes of research and development, including conditions and requirements for hosting a third-country national and the responsibilities of the admitting organisations. DE plans to introduce further facilitations in relation to the admission of scientists and their family members.

II.2. Family Reunification

At EU level, the Commission has launched a public debate on family reunification via a Green Paper,[20] in view of the call of the Stockholm Programme and the findings of the 2008 implementation report on Directive 2003/86/EC[21] on the right to family reunification identifying national implementation problems and shortcomings of the Directive. The Green Paper invites stakeholders to reflect on more effective family migration at EU level without losing sight of the objective of the Directive to determine the condition of the existing right to family reunification. The deadline for reply was 1 March 2012.

At national level, many Member States (BE, DK, DE, ES, FR, IT, LV, LT, NL, AT, SK, FI, UK) and NO documented changes to family reunification regulations. Several Member States (BE, DK, ES, FR, LV, LT, AT, SK, UK) developed or adopted new legislation relating to the rights and conditions for family reunification. New legislation adopted in LV and SK provided access to the labour market for third-country nationals entering for the purpose of family reunification. For example, in SK, new legislative provisions included the modification of conditions for the granting of a temporary residence permit for the purpose of family reunification and provided the possibility for these migrants to run a business immediately after being granted a residence permit.

LT and UK modified certain aspects of their family reunification legislation to make it less restrictive. In LT, family members of third-country nationals entering the Member State for pedagogical work/research may now be issued a long-term national visa which facilitates their arrival. UK reinstated a minimum age of 18 for those wishing to sponsor a spouse or partner and for those applying to enter or remain in the UK on that basis. This change was a result of a Supreme Court hearing which found that a minimum age of 21 was unlawful when applied to genuine couples. The requirement for a person subject to immigration control to obtain the Secretary of State’s permission to marry or enter into a civil partnership was also withdrawn.

Conversely, BE, DK and ES introduced additional requirements for family reunification. BE introduced a number of changes including an income requirement and tightening the preconditions for reunification with unmarried partners on the grounds of a “stable relationship” with the control period increasing from two to three years. Changes in DK included a PBS for applicants, with points allocated according to work experience, language skills and educational attainment. There is also a requirement on the spouse to demonstrate sufficient collateral to meet any public assistance requirements of the applicant, and a need to demonstrate that the spouse and applicant’s combined ‘attachment’ to DK is stronger that their attachment to another country. DK also implemented an initiative to introduce fees for submitting an application for family reunification (currently €1 081) and for any appeals made, under legislation agreed in 2010. Such changes are likely to be modified in the future under the new Danish Government, who took office in October 2011. In ES, the Aliens Regulation introduced provisions on procedures, processes and means of proof for family reunification, thereby clarifying financial and housing requirements and the methods for proving a relationship analogous to marriage by formal registration or other means to justify an unregistered relationship.

LV and SK reported on the assessment criteria for family reunification in their Member States. In LV, the family’s capacity to integrate is not examined, with the only criterion being whether the family member wishing to receive a residence permit belongs to one of the categories of family members listed in the Immigration Law. Moreover, in SK, the new act on the stay of aliens, which was adopted in October 2011 and entered into force in January 2012, stipulates that the extent of integration into society is not given by a requirement for language knowledge, level of education or work experience.

FI and UK undertook assessments of their family reunification policy. In FI, a Working Group was established to examine the effects of previous legislative changes made to family reunification legislation and to consider whether new changes would be needed in view of aligning Finnish legislation with other Nordic countries. The UK launched a consultation on family migration proposing a number of recommendations to tackle abuse, promote integration and reduce burdens on the taxpayer, including introducing a minimum income threshold for those sponsoring a third-country national spouse, partner or dependants, extending the probationary period before spouses and partners can apply for settlement and increasing the English language requirement for spouses, partners and adult dependants under 65 applying for settlement. These recommendations were under consideration by the government in 2011.

Several Member States (BE, DE, ES, FR, HU, NL, AT, UK) undertook actions to promote stronger integration of third-country nationals who migrated to the respective Member States for the purpose of family reunification. In FR, new legislation provided the French Office for Immigration and Integration with the competence to receive requests for family reunification. The Office deals with the integration of this category of persons following their requests, with this development considered as beneficial in the efficiency of integration policy in France. In order to ensure integration and prevent marriages of convenience, NL reported that the government agreed to a proposal from the Ministry of Immigration and Asylum to tighten the requirements for family migration. The proposal included limiting eligibility to core family (including spouses and those with a registered partner); introducing a one year waiting period so that the third-country national could firstly integrate themselves; extending the qualification period for continued independent residence from three to five years; and prohibiting access to social benefits until two years have passed. Following the publication of the EU Green Paper on family reunification, the government stressed the need to promote the emancipation and integration of migrants as well as the promotion of economic self-reliance of migrants. In DE, the Act on Residence was changed, extending the minimum marital cohabitation time for a foreign spouse to be granted an independent right of residence in case of a break up from two to three years. In AT, the integration of family members continued to be a priority, with the integration of family members coming and living in the Member State emphasised through stricter standards of the Integration Agreement and by the introduction of German language skill requirements before immigration (dependent on the kind of residence title the third-country national applies for). In ES the new Aliens Act Implementing Regulation establishes that victims of gender-based violence and their children will have the right to an individual residence permit, completely independent from the sponsor’s one, in order to promote their integration in the host society as they will be able to enjoy all the rights granted by an independent residence and work permit.

Some Member States (DE, FR, IT, NL, AT) and NO introduced or changed language requirements for third-country nationals residing in their Member State following family reunification. A decision of the Federal Administrative Court in DE resulted in changes to the regulation for the provision of evidence of language skills: a third-country national who has applied for a visa for subsequent unification of spouses without having a basic knowledge of German may be granted a visa in order to acquire these language skills in Germany in particular circumstances. In FR, from 1 January 2012, persons wishing to acquire nationality by marriage with a French national will need to prove they have a level of French that corresponds to “B1 oral," defined by the repository of languages used in Europe. Additionally, NL raised the level of the Spoken Dutch Test from A1 minus to A1 of the Common European Framework of Reference for Languages and added a literacy and understanding written texts test. IT planned to implement the Integration Agreement between the state and the newly-entered third-country nationals. One of the main provisions relates to language learning, with the agreement applicable to third-country nationals reunited, with the exception of children under 16 years of age. The UK considered introducing changes to its language requirements. In NO, the obligatory number of hours for studying the Norwegian language increased in 2011 from 250 hours to 550 hours, and the eligibility for free tuition was extended to a wider number of migrant groups.

LV, HU and SK undertook other actions to better integrate family members into society. For example, under the Integration Fund, LV implemented the programme “Open to Integration 2011” which was aimed at specific vulnerable groups, such as women, children and young people with low levels of education and special needs to provide access to support groups, language classes, interest groups, etc. The project also aimed to raise awareness amongst its nationals of the importance of integration. An education summer camp was also organised for third-country nationals up to the age of 25 years in order to teach them about Latvian culture, society, history and geography.

Concerning future actions, in HU, a four weekend-long festival will be organized in 2012 in five Hungarian cities for third-country nationals and Hungarians to meet each other and socialise together. The festival will show films, exhibitions and concerts featuring the topic of migration. Following a Government Enquiry in SE in 2010, which proposed extending the target group for civic orientation to all newly-arrived third-country national adults with a residence permit valid for more than one year, it was planned to spend 40 million SEK (approx. €4.5M) for this purpose in the 2012 Budget.

II.3. Integration

At EU level, whilst the main responsibility lies with Member States, the Commission continues to provide a framework for dialogue and knowledge exchange between stakeholders at different levels and for monitoring results of integration policies, including through the European Fund for the Integration of third-country nationals. The European Agenda for the Integration of Third-Country Nationals was adopted in July 2011[22] to promote a stronger economic, social, cultural and political participation of legally resident third-country nationals in their receiving countries in order to fully benefit of the potential of migration. Integration through participation, more action at local level and the involvement of countries of origin in support of the integration process were the main targeted areas. Actions should include improved coordination and monitoring of policy developments at EU level, the development of a flexible European toolbox and European modules to support integration practices in the Member States and the further development of common European indicators for monitoring of results of integration policies. Contextually, the results of the first Eurobarometer on integration were published.[23] Council Conclusions on the European Agenda for the Integration of Third-Country Nationals were adopted in the Justice and Home Affairs Council of December 2011.[24]

The aforementioned proposal for a Regulation establishing an Asylum and Migration Fund[25] will encourage the development of proactive immigration strategies for the integration process of third-country nationals, including during the pre-departure stage. It will promote a local approach to integration by fostering the regional and local cooperation in the development of integration strategies and measures. Particular attention in the integration process is paid to the specific needs of asylum seekers and beneficiaries of international protection, as well as to vulnerable groups of migrants (unaccompanied minors, women, youth and children, the elderly, etc.).

At national level, many Member States (BE, DK, IE, EE, EL, ES, FR, IT, CY, LV, LT, LU, MT, AT, PT, SI, SK, FI, UK) and NO reported on policy developments in relation to integration. This included legislative changes (FR, IT, AT, SK, FI), the introduction of new policy documents (BE, EE, EL, ES, LV, LU, PT, AT) or an update thereof (CZ, SK) and institutional changes (CY, SK, AT).

New legislation on integration entered into force in FI. The Integration Act introduced provisions to cover the integration of all immigrants residing in Finland (whose residence is legally registered) from the point of arrival, e.g. by providing information, an initial assessment of immigrants’ employment, training and other integration capabilities along with their needs for language training and individual integration plans. Elsewhere, other legislative changes were introduced, including the adoption of the Integration Agreement stipulating mutual obligations for the State and third-country nationals in the integration process with emphasis on the role of local authorities, the regions and non-profit organisations (IT), and new requirements to demonstrate knowledge of the national language in order to be granted citizenship or long-term residence permit (AT).

Several Member States (BE, EE, EL, ES, LV, LU, PT, AT) introduced new policy documents. For example, in order to facilitate migrants’ integration, BE published a concept note on ‘Integration and Civic Integration’ aimed at a more efficient and effective integration policy. In EL, the National Strategy for Third-Country Nationals’ Integration was developed in order to promote an extended consultation process between public institutions and civil society and enhance migrants’ participation in social life and the labour market. ES approved the second ‘Strategic Plan for Citizenship and Integration 2011-2014’ to increase social cohesion and LU officially introduced the National Action Plan on Integration and Against Discrimination, covering a number of common basic principles in order to facilitate the political and social integration of migrants. The National Action Plan is strengthened by the Law of 13 February 2011 on Communal Elections and its provisions, such as the "passive" right to vote for non-EU nationals within the framework of the municipal elections of 2011, the abolition of the condition of nationality to access the positions of mayor and deputy mayor by the law of 13 February 2011 or renewal of consultative bodies at the national and municipal level (including Consultative Integration Committees in every municipality with more than 20% foreigners). Furthermore, PT began implementing its ‘Immigration and Integration Plan’, which was adopted in 2010.

CZ updated its ‘Policy for Integration of Immigrants in the Territory of the Czech Republic – Living Together’ whereby a strong focus was placed on migrants’ language skills, economical independence, orientation and their contacts with the host society. It also opened a debate on increased language requirements for obtaining a permanent residence permit.

CY, AT, SK and FI introduced institutional changes. CY appointed the Advisory Committee on Integration to monitor the implementation of National Action Plan on Integration 2010-2012. AT established the State Secretariat for Integration under the Ministry of the Interior, aiming to address opportunities and challenges of integration, whilst SK set up the Centre for the Coordination of Foreigners’ Integration under the Ministry of Labour, Social Affairs and Family. Similarly, in FI integration matters were transferred to the Ministry of Employment and the Economy.

Other initiatives with regard to improving integration included the establishment of an interdepartmental working group to consider issues of payment for health care services for persons under subsidiary and temporary protection (LT); the implementation of the project ‘To Live in Latvia’ (LV); the introduction of health education sessions in open and closed centres and cultural mediators at local health centres (MT); the establishment of a Forum for Integration stimulating discussions between actors in the field of integration and meetings with migrant communities (SK); and the launch of a project to update the handbook ‘Life in the UK’ (UK). Furthermore, IE introduced a formal citizenship ceremony and EE carried out a monitoring exercise of Estonian society in order to gain better understanding of migrants’ needs.

With regard to future measures, DK, LU, NL, PL and FI planned developments in their integration policy. DK supplemented its existing policy with new initiatives contributing to equal opportunities and social inclusion. The Government also aims to launch a new national integration survey tool for monitoring the effectiveness of integration measures, in employment, education and citizenship. NL produced a ‘Memorandum on Integration, Cohesion and Citizenship’ setting out its policy intentions, including the future obligation for migrants to finance their (compulsory) civic integration course themselves. PL included in its draft Act on Foreigners a requirement to speak Polish when applying for a residence permit for an undefined period and is working on a draft nationwide integration policy. FI has set several policy objectives for the coming years including the introduction of a governmental integration programme, better integration of migrants into the labour market and improvement of the recognition of foreign qualifications making access to further education and training easier. NO published a report on long-term strategies to increase the labour market participation of migrants and recommended to focus on migrant women and extension of programmes providing free classes in Norwegian language and social studies. In 2012/2013, LU will reform professional training programmes to increase the range of professional training courses with a specific linguistic framework (SLF) in order to address the difficulties that a growing number of students encounter in the trilingual education system and notably with regard to classes held in German.

Many Member States (CZ, DE, IE, EE, EL, IT, CY, LV, LU, NL, AT, PL, SI, SK, SE, UK) and NO commented on measures in place to enable migrants to learn the language of the host country and to acquire knowledge of the host society’s history and culture (CZ, DE, EE, IT, CY, LV, NL, PL, SI, SK, UK). With financial support of the European Integration Fund, EL organised information campaigns to promote the integration of migrants and training for intercultural mediators; IT carried out 103 territorial projects, plus 16 language training projects; SK implemented several projects, for example, the continuation of the operation of a Migration Information Centre and the launch of a television programme to support Third-Country Nationals’ integration; and UK supported projects that increased interaction between migrants and the established community and helped migrants access the labour market. LU launched the Welcome and Integration Contract, a reciprocal and optional contract between a migrant and the State, under which the signatory agrees to undertake language training, attend civic instruction courses and participate in an orientation day. Completion of such a course is taken as evidence of good integration in order to obtain long-term residence status and the signatory is then exempted from obligatory civic courses for acquisition of Luxembourgish nationality. SI launched a media campaign entitled "I learn Slovene so that I will be able to say who I am" to promote State sponsored language courses for foreigners. The UK published a handbook ‘Life in the UK’ containing information about history and society.

Several Member States (CZ, IE, EL, ES, AT, PL, PT, FI, SE) reported on support services, programmes and/or projects to enhance migrants’ access to employment including individual action/integration plans (PL, FI, SE), social support and training (IE, PL, PT), the promotion of entrepreneurship (DK, PT), employment preparation activities (IE, SE) and assessment of labour market possibilities for migrants (FI). ES set out in their Strategic Plan for Citizenship and Integration and in the labour market reforms with several priority measures for employment of migrants, for example, including migrants in retraining opportunities. DK established a National Centre for Immigrant Entrepreneurship, which aims to improve the survival and growth of enterprises owned by immigrants, by improving the quality of business advice. IE implemented several measures with the involvement of the business sector and trade union organisations, including the ‘Workplace Diversity Initiative’ embedding diversity and quality in the workplace, in addition to the Employment of People from Immigrant Communities (EPIC) Programme which provides workplace and social skills training to third-country nationals. EL established the opportunity for immigrants to participate in the projects entitled ‘Job creation at local level through programmes of public benefit’ and ‘Local Integrated Programs Supporting Employment of Vulnerable Social Groups.’ In order to combat discrimination on the labour market, PT carried out awareness raising campaigns.

Some Member States (CZ, IE, EL, ES, PT) also commented on measures to facilitate migrants’ access to public and social services. CZ enhanced access to public and social services through projects implemented by NGOs and the Regional Foreign Nationals Integration Support Centres, funded by the European Social Fund and the European Fund for the Integration of third-country nationals. ES worked towards the objective of guaranteeing public access to participatory and public services on equal terms for all citizens and PT continued to implement their ‘Borders and Foreigners Service On The Move Programme’, which aims to provide a set of services for vulnerable groups, such as the elderly and children who find it difficult to access Aliens and Borders Service (SEF - Serviço de Estrangeiros e Fronteiras) facilities. ES has signed new agreements on reciprocal participation on local elections with Cape Verde and the Republic of Korea, in addition to the existing ones with Colombia, Peru, Iceland, Ecuador, Chile, Paraguay, New Zealand, Bolivia and Norway.

II.3.1 Promoting and exchanging information on integration[26]

At EU level, the aforementioned European Agenda for the Integration of Third-Country Nationals again emphasised the importance for the exchange of knowledge and good practice between Member States in the context of the National Contact Points on Integration, indicating that this could be further developed through targeted meetings and benchmarking exercises. Coordination and monitoring of policy developments within existing policy frameworks among the EU institutions, and in close cooperation with the Member States, was also identified as a means to contribute to more efficient and effective integration policies. The measures proposed in the resultant JHA Council conclusions[27] included to develop a non-binding coordination mechanism in order to improve the structures and tools for European knowledge exchange mentioned in the Stockholm Programme by reinforcing the already existing structures, such as the network of National Contact Points on Integration, and exploring possible further measures to enhance coordination and mutual learning; to consider further development of a monitoring system including appropriate data collection and analysis to monitor the degree of integration (outcomes of policies) based on agreed common indicators, recognising the principle of subsidiarity; and to explore ways of improving the cooperation of the National Contact Points on Integration who should concentrate on the exchange of best practice as well as on horizontal aspects of integration.

The exchange of information via the European Website on Integration[28] continued. Draft European modules on integration[29] were also developed in cooperation between the Commission and the Member States in a pilot project finalised in 2011. A pilot study on Indicators of Immigrant Integration was published by Eurostat in June 2011[30] and the study on the socio-economic situation of migrants entitled 'Migrants in Europe - A statistical portrait of the first and second generation' was published in December 2011.[31]

At national level, several Member States outlined their participation and/or contribution in the European Integration Forum (BE, IE, EE, EL, LV, HU, PL, SE) and/or the European Website on Integration (CZ, IE, IT, CY, LV, HU, PL, AT, SE). With regard to the European Integration Forum, BE further reported that it enabled close consultation with authorities, civil society and other stakeholders and EE shared materials from the forum with minority communities.

Several Member States also referred to national websites enabling the publication of information on integration matters (CZ, DK, IE, EE, ES, CY, AT, SI, SK, UK), the organisation of thematic conferences gathering a range of stakeholders (LT, HU, SK, SE) and the launch of other initiatives involving civil society (BE, DE, PL) and migrant communities (DE, SK, PL). To this end, SE and SK each organised a national conference on integration gathering representatives from national authorities, municipalities, civil society and academic institutions and SK organised meetings with migrant communities. In DE, the Migration Counselling for Adult Immigrants and the Germany Islam Conference supports the integration process of particular migrant groups in a continuous manner. DK launched the initiative ‘Knowledge that works’, which aims to identify and disseminate existing knowledge on integration, and to support dialogue between knowledge providers and practitioners, via a knowledge portal (www.integrationsviden.dk). IT developed and launched in 2012 a ‘Portal for Integration’ aimed at ensuring access to national and local integration services for third-country nationals, promoting good practice and monitoring the course of the institutional interventions made by the government. Other measures implemented included, for example, an increase of the number of Advisory Boards for Ethnic Relations and the extension of the mandate from three to four years (FI).

II.3.2 Mainstreaming in other policy areas

Most Member States (BE, CZ, DK, DE, IE, EE, EL, ES, FR, IT, CY, LV, LU, HU, NL, AT, PT, SI, SK, FI, SE, UK) and NO reported on approaches and/or measures to better incorporate integration issues in a comprehensive way in all relevant policy areas. Some Member States (BE, EL, LV, PT, AT, SK) described national policy documents aimed at placing integration objectives in the mainstream and/or targets in other sectoral policy areas including a national action plan (BE, CY, LU, AT) or guidelines (LV). In LV, for example, the ‘Guidelines on National Identity and Society Integration Policy’ provided for the development of a system of coordinated cooperation and information exchange between the institutions involved in development and implementation of the integration policy.

Other Member States set up interdepartmental working groups or committees (EE, FR, IT, AT, FI, SE, SI, UK) and CZ reported on inter-ministerial cooperation complemented by a Board on Integration that comprises representatives of these ministries. In FR, representatives of ministries plus national social protection organisations and associations suggested actions enabling access to entitlements (e.g. welfare payments, retirement) to be facilitated for elderly migrants. All Ministries in NO must report on their integration measures in the annual budget report and integration issues are also mainstreamed into labour policy.

Institutional changes in DK resulted in the abolition of the former Ministry of Refugees, Immigration and Integration Affairs, resulting in a new mainstreaming approach to integration across all political areas, for example, labour markets, education and housing, consistent with DK’s aim to improve equal opportunities and social inclusion of immigrants.

II.3.3 Involving other stakeholders

At EU level, two meetings of the European Integration Forum[32] continuing the involvement of civil society were organised, one in May 2011 on 'Integration through local action' and the other in November 2011 on 'The involvement of countries of origin in the integration process.' A conference on Promoting migrant integration through media and intercultural dialogue was organised during the Hungarian Presidency in May 2011. Another one on Common Integration Policy: Preventing Exclusion of Immigrants in the EU was also held during the Polish Presidency in October 2011.

At national level, most Member States (BE, CZ, DE, IE, EE, EL, ES, FR, IT, CY, LV, LU, HU, MT, AT, PL, PT, SI, SK, FI, SE, UK) and NO regularly involved civil society organisations in integration policymaking and measures. In 2011, this included consultation of civil society organisations and members of the public for the elaboration (CZ, EE, EL, ES, CY, MT, PL, PT, UK) and implementation (DE, FR) of national integration policy and plans. Other Member States mentioned the strategic role that NGOs play in specifying the annual priorities and actions of the European Integration Fund (IT, LV) and the establishment of an advisory board including representatives from civil society, as well as other stakeholders (CY, ES, AT).

In CZ, information seminars were organised encouraging debates and exchange of views between NGOs and the Ministry of Interior. Also, the Regional Foreign Nationals Integration Support Centres organise regional platforms on integration including the participation of local stakeholders, NGOs and municipalities. DE organized Integration Summits, where dialogue forums were held to define strategic goals, operational goals and specific individual measures. EL held online consultations on their draft National Strategy for Third Country Nationals’ Integration via a web dialogue platform addressed to all stakeholders, including civil society. ES reported on a ‘Forum for the Integration of Immigrants’ which included a wide range of actors from civil society, and in SE there were discussions on how civil society can play a more active role in the introduction of newly arrived migrants and how to facilitate the access of NGOs to the integration fund projects and SK published press releases on integration. For SI, the work of the Alien Integration Council includes representatives from local communities, NGOs and various ministries. In the UK, the voluntary sector is represented on UK Border Agency stakeholder forums and funding is provided to three large refugee organisations to act on behalf of the refugee sector, including contributing to and responding to government policy. In NO, the Directorate of Integration and Diversity (IMDi) funded civil society organisations helping migrants to participate in public debates and discussions, and the Contact Committee for Immigrants and the Authorities (KIM) supported dialogue between civil society and authorities active in the field of migration.

II.3.4 Promoting values and cohesion

Most Member States (CZ, DE, IE, EE, EL, ES, FR, IT, CY, LV, LU, HU, AT, PL, PT, SI, SK, SE, UK) and NO reported on actions undertaken to enhance democratic values and social cohesion in relation to immigration and integration of migrants and promoted intercultural dialogue and contact. CZ, HU and SK reported on the organisation of multicultural events. CZ, for example, organised regional cultural events, in PL the National Platform for Cooperation run by the IOM organised a seminar on the active role of foreigners in democratic society, and in SK the IOM organised an international conference on ‘Dialogue on Integration’ in cooperation with EMN and EIF support. Other Member States engaged and/or continued formalised and active dialogue with representatives of migrant communities, including the organisation of a Diversity Consultation Day by the Garda (Police) Racial, Intercultural and Diversity Office (IE) aimed to engage with representative organisations and persons within a wide spectrum of communities. UK encouraged actions at neighbourhood level to bring people together, to support migrant integration and tackle community conflict, extremism and race inequality.

Other measures included training on intercultural communication for teachers and youth workers (EE) and for medical and social services practitioners (LV), the implementation of projects on multiculturalism and tolerance (EE), and intercultural and/or religious dialogue and contact (SK, SE). AT listed intercultural dialogue as a key priority on their national integration plan, EL implemented actions to promote intercultural dialogue (including painting, photography and theatre workshops, and a cultural event on “Immigrants' day”) and FR used the Reception and Integration Contract as a basis for integration grounded on the values of the French Republic. ES approved a Comprehensive Strategy to combat racism, racial discrimination, xenophobia and other related forms of intolerance. It includes seven priority areas for action: education, employment, health, housing, mass media, Internet, sports and awareness-raising.

Both IT and PT carried out campaigns and/or awareness raising initiatives. In IT, for example, civil society implemented numerous initiatives including campaigns on literacy, discrimination against women and citizenship.

NO undertook several actions to enhance democratic values and social cohesion. Following the right-wing terrorist attack of July 2011, integration was put on the agenda for public debate and religious groups increased their actions aimed at social cohesion. The Norwegian Centre against Racism ran a so-called ‘tea time campaign’ encouraging Muslim families and ethnic Norwegians to come together and thereby promoting interreligious dialogue.

II.4. Managing Migration and Mobility

II.4.1 Visa Policy

At EU level, further progress was made in the development of the EU acquis on short stay visas. In this regard particular attention should be drawn to the proposed amendments[33] to Regulation 539/2001 in order to make a number of technical modifications and to introduce a visa safeguard mechanism that can be used as a last resort measure in situations where the visa-free regime with a given third country would lead to sudden and substantial increases of irregular migrants or unfounded asylum applications from that third country.

In the same framework, the Commission expressed readiness to revise the existing reciprocity mechanism - applied in cases where a third country on the EU positive list introduces a visa requirement for the citizens of one or more Member States - in order to make it more efficient. Taking into account the call for a new reciprocity mechanism made by the European Parliament in its declaration adopted in March 2011 and the suggestions made by certain Member States during the negotiations on the amendment to Regulation 539/2001, the Commission closely worked with the European Parliament and the Council in order to improve the current reciprocity mechanism, while respecting the institutional and legal framework of the Treaty. The Commission continued its efforts, in close cooperation with the Member States concerned, in order to achieve full mutual visa-free travel for the citizens of all EU Member States with the third countries which are exempt from the visa requirement by the EU. Full reciprocal visa-free travel for all EU Member States was established with Brunei Darussalam. However, a handful of cases of non-reciprocity still remained, mainly with the US and Canada.

The Visa Information System (VIS) successfully started operations in the first region North Africa (Algeria, Egypt, Libya, Mauritania, Morocco and Tunisia) on 11 October 2011. On visa facilitation agreements, the Commission opened negotiations on upgrading the existing Visa Facilitation Agreements with the Russian Federation in April 2011 and with Ukraine and Moldova in May 2011.[34] By the end of 2011 substantial progress was achieved on all three negotiations and for Ukraine negotiations on the amendment of the visa facilitation agreement were finalised.[35] Substantial progress was also achieved in the ongoing negotiations on a Visa Facilitation Agreement with Cape Verde. The Visa Facilitation Agreement with Georgia entered into force on 1 March 2011. The existing Visa Facilitation Agreements with Albania, Bosnia and Herzegovina, former Yugoslav Republic of Macedonia, Georgia, Moldova, Montenegro, Ukraine, the Russian Federation and Serbia continued to be implemented.

On the other hand, following also an initiative by the European Commission, Member States made, in the course of 2011, concrete efforts not only to harmonise their procedures for issuing visas to the benefit of Turkish applicants, but also to improve the conditions by applying some of the optional facilitations provided for by the existing EU visa legislation.

Table 3 gives a provisional overview of the number of short-term and long-stay visas issued. Member States which issued the highest number of [Schengen] short-term ("C" type) visas were FR (1 938 555), DE (1 588 595), IT (1 445 745), ES (1 337 990) and FI (1 244 680). For [National] long-stay ("D" type) visas, provisional figures show that the largest number were issued by IT (237 810), FR (165 745) and DE (162 260).

At national level, a number of Member States reported on progress in the collection of biometric data in relation to visas, and on consular cooperation.

With regard to the collection of biometric data from visa applicants, many Member States (BE, BG, CZ, DE, IE, EL, ES, EE, FR, IT, CY, LV, LT, LU, AT, PT, SK, FI, SE and UK) and NO reported progress. In relation to the roll out of the Visa Information System (VIS) - which applies to 22 (Schengen) Member States plus three associated states of NO, Switzerland and Iceland - several Member States (BE, CZ, DE, EE, EL, ES, FR, IT, LV, LT, NL, PT, SK, FI, SE) have referred specifically to their experience in using the VIS in the first region (i.e. North Africa) from 11 October 2011 and in the second and third region in the course of 2012 (e.g. in the Near East and Gulf Regions). Also NO started using the VIS in a first phase for applications lodged at its consulates in Rabat, Algiers, and Cairo and will deploy it in a second phase in the Near East and Gulf Regions. Meanwhile BG, RO established its National Visa Information System as part of the process for its accession to Schengen and BG declared its readiness to use VIS in the 1st and 2nd regions. Some Member States indicated the extent to which their consular and diplomatic posts were equipped with equipment for collection of biometric data (BE – 90%, FR – 88%, LV – 100%). Other Member States referred to national developments, such as the purchasing and installation of the necessary equipment (AT, LV), legislative changes in view of the implementation of VIS (EE, LT, LV, AT, SK, FI), the organisation of training to consular staff (LT, LV), efforts to ensure the compatibility of national informatics systems with the VIS (BE, BG, CZ, IT, LT, NL, RO, SE) and the organisation of testing phases to ensure compliance (LT, PT).

IE and UK do not participate in the VIS, but have undertaken other actions to collect biometric data from visa applicants. IE continued to collect fingerprints from third-country nationals applying for visas through Visa Application Centres in Nigeria (Abuja / Lagos). This data will be checked on entry to IE. In January 2011, the Minister for Justice and Equality announced plans to introduce the collection of biometric data from visa applicants in Pakistan in order to increase the traceability of Pakistani migrants which was prompted by the high number of marriages between Pakistani nationals and EU citizens from the Baltic States. For the UK, in view of the 2012 Olympics and Paralympics, biometric data will be collected in advance of entry or on arrival, following the passing of legislation allowing for multiple entry visits valid from date of issue until 8 November 2012 for holders of the Games Family accreditation card. The fee corresponds to that of a six month visit visa. In addition, a member of the UK Border Agency Identity Services was seconded to Canada to contribute expertise to the Canadian project to roll out and deploy biometric systems in Canadian Visa Application Centres (VAC).

Many Member States referred to representation arrangements concluded with other Member States (BE, CZ, DE, EE, EL, IT, CY, LV, LT, LU, AT, SK, FI, SE), or, in the case of FI, the termination of visa representation arrangements. Following the signing of representation agreements, EE is represented by 14 Schengen Member States (AT, HU, FI, DE, SI, LV, LT, NL, ES, PL, FR, DK, SE and Switzerland) in 84 countries regarding the processing and issuing of short-stay visas, and represents six Member States (DE, LV, NL, PL, SI, FI) in four countries (Russian Federation (Pskov), Belarus (Minsk), Bulgaria (Sofia) and Georgia (Tbilisi)). In addition to having concluded representation arrangements with CZ and LV, SK was negotiating such arrangements with DE, EE, ES, FR, LT and PL.

In a similar vein, the Schengen House in Kinshasa, DR Congo has been set up as a Common Application Centre in accordance with Article 41(2) of the Visa Code in the framework of a Belgian-Portuguese project co-financed by the External Borders Fund. It is open to the public since 5 April 2010. BE also represents AT, FI, FR, LT, LU, NL and PT for Schengen visa applications, and enrols biometric identifiers for applications for DE in the Schengen House. SE participates with an own desk and also represents DK plus Iceland and Norway. Long-stay visa applications for BE and LU are lodged in the Schengen House as well.

II.4.2 Frontex

At EU level, an amendment to the Frontex Regulation[36] was adopted in order for the agency to be better prepared to face the challenges at the EU external borders together with Member States. Frontex may now acquire or lease its own technical equipment, such as vessels or helicopters for the coordination of border control activities. In addition Frontex will be deploying European Border Guard Teams in the near future. These teams will consist of national border guards assigned or seconded by Member States. Frontex will also be able to strengthen its cooperation with third countries and will have the possibility to provide them with technical assistance. The full respect of fundamental rights and obligations under various international law instruments received specific attention. For instance a Fundamental Rights Officer will be created within the Agency to assist in matters having implications for fundamental rights and a Consultative Forum on Fundamental Rights will be set up with the participation of relevant international organisations and NGOs.

The first Frontex specialised branch entitled "Frontex Operational Office (FOO)," which became operational in October 2010, continued with its main tasks, notably: Contribution to the preparation and evaluation of the Joint Operations being launched in the Eastern Mediterranean region; Coordination activities in the implementation of those Joint Operations; Providing information for the situational awareness in the region and reporting on events related to the Joint Operations; and Gathering and assessing information and intelligence for risk analysis purposes. These tasks are to be undertaken in the Eastern Mediterranean region (Italy, Malta, Greece and Cyprus) and the Agency should report back to the Council on the evaluation of the functioning of the FOO in the course of 2012. The outcome of the independent evaluation forms the basis for the decision of the Management Board on whether to pursue the pilot project and/or to establish other similar operational offices.

Due to the persistently high migratory pressure on the external land borders with Turkey, and following a request from Greece in October 2010, the deployment of Rapid Bord