COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(94) 23 final 
Brussels, 23.02.1994 
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 
AND THE EUROPEAN PARLIAMENT 
ON I ... IGRATION AND ·ASYLUM POLICIES 
FOREWORD -PURPOSE AND CONTENT OF THE COMMUNICATION 
Immigration, together with the separate but related subject of asylum, 
has ccntlnued to occupy an Increasingly prominent place In the 
pol ltlcal agenda of the European Union and Its Member States. lt gives 
rise to publ le and pari lamentary debate of growing Intensity, and 
occasionally is the focus of acts of violence total Jy out of character 
with Europe's traditions and laws. 
There is increased recogn it I on that the issues i nvo I ved need to be 
tackled on a cooperative basis. That has found expression In the 
provisions of the Treaty on European Union which formally designates 
the subjects as being matters of common interest, to be addressed in 
the context of a single Institutional framework. 
That Is as it should be. The deepening of the European integration 
process cal Is for an integrated and coherent response, which combines 
realism with solidarity, to the challenges which migration pressures 
and the Integration of legal immigrants pose for the Union as a whole. 
Fal lure to meet those challenges would be to the detriment of attempts 
to promote cohesion and solidarity within the Union and could, Indeed, 
endanger the future stabi I lty of the Union itself. 
The Commission therefore looks to this Communication as a basis to 
stimulate a new and wide-ranging debate as to how the ·new posslbl 1 I ties 
which the Treaty on European Union creates can be used to provide the 
coordinated response necessary, and the framework, to guide the Union 
in its future work. 
To that end the Communication takes account of the work already done 
and developments on the ground. In addition, it takes as its base a 
number of agreed starting points drawn from earlier discussion, In 
part i cuI ar the need for a comprehensive approach wh i eh addresses the 
key components of an effective immigration policy: 
action on migration pressure, particularly through co-operation 
with the main countries of would-be emigration to Europe; 
action on controlling Immigration In order to keep it within 
manageable structures; 
action to strengthen pollc ies for legal Immigrants. 
The advantage of a comprehensive approach of that kind Is that lt 
enables control and admission measures to be matched by long-term 
co-operatIon with countr les and regions of origin and an active 
policy of advancing the situation of those third country nationals 
already legal IY resident In the Union. 
The Communication looks beyond the existing work programmes of the 
Union In the relevant areas In ways designed to complement those 
progranmes. lt seeks to be realistic while putting forward new 
Ideas and a new emphasis on how polIcy objectives can be pursued In· 
operational terms: 
Action on the causes of migration oressure 
The COmmunication argues that this reQuires ensuring that 
lnvnlgrat Ion and asylum policies are fully Integrated Into the 
Union's external pol lcles, and that the various external 
policy Instruments available to the Union are.used to address 
the root causes of those pressures. That could Involve action 
at a number of different levels such as In the areas of trade, 
development and co-operation policies, humanitarian assistance 
and human rights policies. 
Effective action In this area also reQuires ensuring the 
availability of accurate Information ·on current migration 
patterns and likely future trends. 
Action on controlling migration flows 
Action to control migration flows will also reQuire a policy 
response at a number of levels. lt wi 11 mean defining and 
Implementing cOIMlOn approaches to adml.ssion pol icles as regards 
. admission of workers, self-employed persons and students and 
the approximation of admission policies for humanitarian 
reasons. lt calls for policies to deal more effect lvely with 
the problem of illegal. immigration by way of preventive 
measures and measures to address the Issue of persons Illegally 
resident In the Community, with a particular focus on 
combattlng Illegal employment. 
Policies In respect of refugees and other persons In need of 
lnternat Iona I protect Ion a I so need to be addressed but the 
Communication suggests that the focus here Is of necessity 
different. The focus for the purpose of asylum pol lcles should 
be on ensuring that the examination of asylum applications can 
continue to operate In a fair and efficient manner. The 
Convnunlcat Ion als.o deals with new Issues thrown up by the war 
In ex-Yugoslavla by way of the development of schemes for 
temporary protect ion. lt suggests that a Union committed to 
cooperative action could examine how best to show sol ldarlty to 
help Member States caught in a front-line position In 
responding to such situations. 
Action to strengthen integration ool icies for legal immigrants 
The Communication stresses that action In this area remains an 
essential element of the wider need to promote solidarity and 
Integration In the Union. What this requires wl I I be to ensure 
that Integration policies are directed In a meaningful way 
towards improving the situation of third country nationals 
1 ega 11 y res I dent wIthIn the CommunIty by takIng steps wh I eh 
wl 11 go further towards asslml latlng their rights with those of 
citizens of the Member States. 
Strengthening Integration policies will also involve action to 
create the right economic and socio-cultural conditions for 
successful integration by way, for example, of actions in the 
field of emp~oyment and education. Equally it requires 
promoting information and dialogue and combattlng racial 
discrimination and all forms of racism and xenophobia. 
The various Ideas which the Commission invites the Pari lament and 
Counc I I to exam I ne are set out In summary form In Chapter IV of the 
Communication in terms of a possible new framework for action by the 
Union. The Ideas set out there are not Intended to lay down a 
definitive work plan at thl~ stage. They do, however, represent a 
coherent set of proposals which Member States and the Commission Itself 
wl I I want to consider In drawing up a long term action programme that 
Is now requIred to take account of both the new cha I I enges and new 
poss I b I I I t I es offered by European UnIon. The proposa Is contaIned 1 n 
Chapter IV should therefore be regarded as Ideas to be discussed and 
elaborated upon In the debate which the Commission would wish this 
Communication to launch. 
Translating those ideas into action wi I I represent the next phase. The 
Commission wl I I equally seek to contribute to that process by using the 
various Instruments at Its disposal, both in rel~t.lon to the Plan of 
Action adopted by the European Council in December 1993, and the new 
framework for action by the Union suggested In Chapter IV. 
IlL 
TABLE OF CONTENTS 
1. INTRODUCTION- Background to Preparation of the Communication 
I I . FACTUAL DEVELOPMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 
1 1.1. Evolution of public and political perceptions of Immigration 
and asy I UJI I ssues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 
1 1.2. The Treaty on European Union ................................. 5 
1 1 . 3. Developments on the ground. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 
1 1.4. Legislative changes In Member States ......................... 7 
11 .5. Developments In regard to the 1991 work programme ............ 9 
I I I. THE DEVELOPMENT OF A EUROPEAN MIGRATION AND ASYLUU POLICY.: .. 11 
1 1 1 . 1 . I n t r oduc t I on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 
11 1.2. Taking action on migration pressure .......................... 12 
111.2.1 .The need for accurate Information ............................ 12 
111 .2.2.Deal lng with root causes of migration pressure .............. 13 
1 1 1 . 3 . Con t ro I I I ng m I g rat I on f I ows . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 0 
Ill .3.1. lntroduct Ion ................................................ 20 
I I I . 3. 2. AdmIssIon po I I c I es. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 
11 I .3.3.Refugees and other persons In need of International 
protect I on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 
I I I . 3. 4. I I I ega I I mm I gr at I on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 
1 I 1.4. Strengthening Integration pol lcles for the benefit of 
legal Immigrants ............................................ 32. 
I I 1 .4.1. Improving the situation of third country nationals legally 
resident within the Community ............................... 33 
I I I .4.2.Creatlng the right economic and socio-cultural con9ltlons 
for succesful lntegrat Ion ................................... 36 
111.4.3.1nformatlon and dialogue .................................... 37 
I I I .4.4.Combatlng racial discrimination and tack I lng the problem 
of racIsm and xenophobIa .................................... 38 
I V. Sl..WARY: A NEW FRAMEWORK FOR ACT I ON BY THE UN I ON. . . . . . . . . . . . 4,1 
ANNEX 1: DESCRIPTION OF MAIN MIGRATORY FLOWS 
ANNEX 11: IMPLEMENT AT ION OF THE 1991 WORK PROGRAWE ON ASYLUM AND 
IMMIGRATION POLICIES 
ANNEX Ill: RECENT DEVELOPMENTS WITHIN THE UNION 
ANNEX IV: RECENT DEVELOPMENTS IN INTERNATIONAL FORA 
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1. INTRODUCTION -Background to PreparatIon of the eo-unlcat Ion 
1. In October 1991 the COmmission submitted two separate COIMlunica­
tlons on the Right of Asylum and Immigration respectively 
(SEC(91)1855 final ind SEC(91)1857 final). The purpose of this Com­
munication Is to develop further the Ideas contained in those Com­
munications against the background of the new possibl I ities created 
by the Treaty on European Union (TEU) In the fields of asylum and 
Immigration. The decision to submit two separate COmmunications In 
1991 was 1 ntended to under I I ne the human I tar I an basIs of asy I urn 
rights as distinct from questions raised by Immigration Issues In 
general. This distinction la as valid today as lt was then; but lt 
has become Increasingly difficult to examine either subject without 
reference to the other. In thIs COmmuni cat ion, therefore, both 
subjects are addressed In a single document without losing sight of 
the characteristics of each.which continue to make them distinct in 
nature. 
2. The Communication also deals, as did the 1991 Communication on Im­
migration, with the Important Issue of the measures now necessary 
to strengthen Integration policies for the benefit of legal immi­
grants. lt has long been recognised that Immigration Is not a tem­
porary phenomenon and that assumptions to that effect which were 
sometimes current In the 1950s and 1960s were based on fundamental 
misconception as to the nature of the migration patterns which be­
came establ lshed In the post-war period. More Importantly, lmmlgra­
t ion has been a positive process wh I eh has brought economic and 
broader cultural benefits both to the host countries and the Immi­
grants themselves. Some have called for a complete halt to Immigra­
tion: this Is neither feasible nor deslrable: what Is necessary is 
proper management of Immigration policy. The Community has always 
been a multi-cultural and multi-ethnic entity whose diversity en­
riches the COmmunity Itself and benefits al I its citizens, but not 
without creating challenges for society as a whole and Its Immi­
grant communities. A .. comprehensive approach needs, therefore, 
to take account of that fact and address the Issue of the presence 
of those third country nationals and their families- which often 
Include a second generation born In the Community -and of newly 
arrived Immigrants In ter·ms of Integration policies. 
3. The commission's ear Iter communi cat Ions on lmmlgrat Ion and Asylum 
were tabled In r.esponse to the Invitation from the Luxembourg Euro­
pean COUncil In June 1991 to Ministers responsible for Immigration 
to'submlt to the following meeting of Heads of State and Government 
In Maastrlcht proposals on the harmonisation of polIcy In these ar­
eas. That decision lntrodu~ed a new dimension to Member States' co-
operation In these fields. Hitherto the efforts of the Community 
and Ita Member States had been primarily directed towards preparing 
new forms of co-operation In Immigration and ~S¥1um pollcles,that 
would be needed to manage the frontier-free area due to come Into 
existence on 1 January 1993. To this end, they had drawn to a suc­
cessful conclusion the negotiations which had led to the signature 
of the Dublin Convention and the resolution of all questloAs re­
lated to the External Frontiers Convention, except that of Its ter-
ritorial application. The Luxembourg European Council's Invitation 
- 2 -
to Ministers to move beyond this Important but clearly I imited ob­
jective reflected not only the fact that the substantive work on 
this first phase was now virtually complete. but also a recognition 
that the geopolitical and socio-economic background against which 
Immigration and asylum Issues had to be viewed was changing rapidly 
and called for a different level of co-operation than before. mov­
Ing beyond procedure Into substance. 
4. 1 f the Luxembourg European Counc 11 decIsIon rep.resented an Impor­
tant turning point In the way In which the COmmunity and Its Member 
States approached co-operation In these areas, the entry Into force 
of the Treaty on European Union constitutes an even more signifi­
cant advance, Introducing as lt does a Treaty obligation to ·co­
operate within a single Institutional structure on matters now 
recognised formally as being of common interest. The possibi I ities 
offered by the coming Into force of the TEU were recognised by the 
European Council at Its meeting on 10 and 11 December In Brussels. 
On that occasion, the Council expressed Its determination to use to 
the full those new possibilities. The Counci I also approved a Plan 
of Action drawn up by the Counci I of Ministers of Justice and Home 
Affairs and a work programme which Includes a number of measures in 
the area of Immigration and asylum which are to receive p.riority 
during 1994. 
5. In addition to these Important Institutional developments within 
the Union, other relevant changes which have taken place since 1991 
make this a good moment to look again at these subjects. Although 
one thing that has not changed Is the continuing, ind~ed increas-
Ing, high level of political and public interest surrounding them, 
some recent developments have made the development of an effective 
approach on Immigration and asylum even more urgent now than be­
fore. The tragedy of ex-Yugoslavia has opened up a range of 
refugee-related Questions, both old and new, which need answers of 
a co-operative nature. Legislation in certain key countries ha~ 
changed or is changing. Public opinion has been further perturbed 
by and reacted to a number of violent and well-publicised Incidents 
Involving Immigrants and asylum seekers. The subject In general 
now forms part of much wider international debate going beyond the 
European Union and on to the agendas of the UN Agencies, the CSCE, 
the OECD, the COUncil of Europe, the G-7 and the Transatlantic dia­
logue. 
6. Just as the COmmission felt lt right to contribute, through Its 
Communications of October 1991 on Immigration and on the Right of 
Asylum, to the debate which led to the adoption at the Maastrlcht 
European Council of the exlstln; work programmes In these areas, it 
now considers lt appropriate to transmit this further Communication 
to the European Parliament and the Council In order to stimulate 
debate In the new framework of the TEU. The Communi cat Ion takes 
stock of what has been achieved so far and Identifies what remains 
to be done either within or going beyond those progranvnes. lt 
therefore looks beyond the scope of the Plan of Action adopted by 
the European COUncil In December 1993, and offers a framework for a 
long-term strategy on lnnigratlon and asylum which ·it believes can 
- 3 -
provide the basis for the comprehensive and act lve policies the 
Union needs In these fields. ·The Convnunlcatlon Is confined to Immi­
gration and Integration of third country nationals. With regatd to 
citizens of the Member States, asylum as between Member States 
should In general not proceed, because all Member States of the 
Union are fully committed to the respect of human rights and 
fundamental freedoms. 
7. Th·e convnunlcatlon Is presented In two parts: a factual and a policy 
-oriented part. The factual part covers the following subJects: 
(a) the evolution of publ le and political perceptions of lmmlgra­
t I on and asy I urn Issues, I ne I ud I ng suggest Ions on how the se 
might be made less negative; 
(b) the Institutional changes which the TEU introduces; 
(c) the factual changes on the ground in the sense of migratory 
movements and the extent to which these correspond with what 
was expected; 
(d) changes in legislation and attitude in Member States and else­
where; 
(e) the state of progress in Implementing the work programmes ap­
proved by the European Councl I in December 1991. 
The Communication Is supported by the fol lowlng Annexes: 
Annex 1: Description of main migratory flows; 
Annex 11: lmplementat ion of the 1991 work programme on asylum 
and Immigration pol lcies; 
Annex I I I: Recent developments in the Union; _ 
Annex IV: Recent developments In international fora. 
11. 
11.1. -4 -
FACTUAL DEVELOPMENTS 
Eyoll.tt Ion of oubl le and DOll t lea I oerceot Ions of lmmlgrat Ion 
and asY I wa l.ssues 
a. The migration phenomenon Is as old as the world, I Inked as lt Is to 
human nature. Europe Itself experienced significant emigration 
during the 19th and early 20th centuries. The very large scale 
population movements which took place then were to benefit both the 
countries of destination and Europe Itself. 
9. That situation was reversed In the 1950s and 1960s when some Euro­
pean countries relied on Immigration both from within Europe and 
from outside to meet their labour requirements. Those Immigrants 
were In turn to make a significant contribution to the reconstruc­
tion of Europe and the economic expansion which followed. 
Workforce Immigration was slowed down progressively In the face of 
the recessions caused by the oi I crises of the 1970s and the possi­
bilities for legal Immigration to the Community were greatly re­
duced. Nevertheless, former EU-emlgration countries started evolv­
Ing slowly Into de facto Immigration ones. Taking such a long-term 
perspective, it should not be excluded that this process would once 
again be reversed and that In the long run, for example, for demo­
graphic reasons Europe would have to Increase posslbl I I ties for le­
gal Immigration. 
10. Today's debate In which Immigration polIcy continues to have an im­
portant place on the pol ltlcal agenda needs to be seen against that 
longer term background. Western Europe has a well-established and 
solidly anchored tradition of respect for human values and social 
justice. At the same time, there has been something of a 
polarisation In the attitudes of different sectors of society to­
wards the Issue of new Immigration and towards established Immi­
grant ctommunltles. This development has been aggravated by the 
present economic situation which is characterised by high unemploy­
ment rates generating social tension. 
11. The vast majority of people retain their positive attitudes towards 
non-nationals. Those attitudes are better reflected In the ~ubllc 
protest marches against racist attacks than In such attacks them­
selves. There are also people who are genuinely concerned by the 
perception that large numbers of people are Immigrating to Europe. 
This, however, Is often based on fee 11 ng rather than facts. But 
equally, it Is perhaps this perception which has played Its part In 
the Increase In the number and ferocity of racially motivated at­
tacks which have scarred the Immediate past. 
12. This poses an Increasing problem for governments. They must retain 
credlbl I lty with moderate people on both sides of the argument In a 
situation where anti-democratic elements have sought to exploit the 
Immigration Issue. To counter the dangers this poses, governments 
need to build on the public's tradlt Ion of tolerance, by putt lng 
more energetic emphasis on ·the benefits of Immigration, both eco­
nomic and social, while at the same time showing that Immigration 
Is under control by putting a coherent long-term strategy In place. 
- 5 -
13. An essential element of such a strategy would be to ensure that the 
public Is wel 1-lnformed: publ le perceptions could be influenced by 
providing reliable information on actual and potential migratory 
flows. At present, such figures are primarily avai table concerning 
asylum· applicants. As a consequence, the pub I ic debate tends to 
concentrate quite heavily on asylum, whereas other migratory move­
ments, such as Illegal migration, are generally more substantial. 
A good Information pot Icy Is therefore Indispensable. 
14. These national concerns are also European concerns. Not only have 
Member States recognized this through Increased co-operation and 
Institutional reform, but the European Parliament has become more 
act lve l.n this domain as well. In November 1992 the Par I lament 
adopted two Important resolutions as Its response to the Commis­
sion's 1991 COmmunications on Immigration and Asylum1. Since then 
it has discussed a number of further reports on subjects referred 
to in this Convnunlcatlon. One of the latest resolutions in this 
respect has been the resolution adopted by the Parliament on 19 
January 1994 on the basis of the Lambr i as report on a European 
refugee pol icy2. 
15. The Union has to tackle these Issues and, although each national 
situation may require a specific solution, it should examine how it 
might contribute by providing a general framework within which a 
European Immigration and Asylum PolIcy can be developed. 
11.2. The TreatY on EuroPean Union 
16. The Treaty on European Union offers new opportunities for the de­
velopment of policies relating to Immigration and asylum, as it 
brings Into the single framework of the Treaty aspects of foreign 
and securIty po 11 cy (TIt le V) and of justice and home affaIrs 
(Title VI). As argued In Chapter 11 I, the development of a compre­
hensIve approach requIres a combInation of po I I c I es: It requires 
the co.ordlnatlon of traditional areas of activity, such as social 
policy, aspects of convnon foreign and security policy and trade, 
co-operation and development Instruments as well as migration and 
migration management policies. The TEU brings all of these policies 
within a single institutional framework and therefore creates new 
possibi I it les for the development of the comprehensive approach 
which Is now required. 
17. Title VI of the Treaty enshrines In a binding Instrument the obli­
gation, which Member States of the Union have assumed, to cooperate 
In a number of areas of Identified •common lnterestM, Including In 
particular asylum and Immigration. To some extent, this forMal 
commitment consolidates and codifies a cooperation which was al­
ready happening through more ad hoc machinery to deal with Ques­
tions agreed to require a joint rather than a dispersed response. 
1 Resolutions A3-0280/92 and· A3-0337/92. Annex 11 I contains a 
summary of the maJor paragraphs of these resolutions. 
2 A3-0402/93. 
- 6 -
The move from ad hoc Intergovernmental cooperation, theoretically 
reversible at any moment, to a Treaty commitment to cooperate on a 
perManent basis nevertheless constitutes a considerable political 
signal both to pub I le opinion in Member States and to the outside 
world. 
18. Title VI also lays down clear rules and procedures for cooperation 
In these new areas, spelling out the respective roles of Member 
States, the COmmission and the European Parliament, and opening up 
the possibility of engaging the Interpretative authority of the 
court of Justice. If less streamlined than the most evolved of the 
Community's decision making procedures as Introduced by the Single 
European Act, Title VI nevertheless allows, where Immigration and 
asylum are concerned, for all Member States and the Commission to 
come forward wIth InItIatIves; for the European Par I I ament to be 
regularly Informed and consulted; for joint positions, joint ac­
tions and conventions as Instruments of cooperation; and for a more 
rational, more stratified and more coordinated structure of offi­
cial committees and groups leading to political decision-making in 
the Council within the unified framework of a Single Treaty. 
19. Article K9 of Title VI also creates the possibi I ity for further in­
stitutional developments in that it provides that ~the Counci I act­
Ing unanimously on the initiative of the Commission or a Uember 
State, may decide to apply Article 100C of the EC Treaty establish­
ing the European COmmunity to action in areas referred to in Arti­
cle K1(1) to (6)". This Article therefore opens the door for a pos­
sible transfer of certain areas of Title VI, Including asylum and 
Immigration policies, to the EC Treaty domain_. The Declaration on 
Asylum attached to the Final Act of the Treaty required the Counci I 
to consider, by the end of 1993 the possibi I ity of applying Article 
K9 to asylum policy. In November 1993 the Commission submitted a 
report on that Issue to the Counci I. In Its report the Commission 
stated that In Its view Ndespite the advantages offered by Article 
100C ··~ the time (was) not yet right to propose the appl icatlon of 
Art lcle K9 so soon after the entry into force of TEU'', but also In­
dicated Its belief that Nthose advantages demonstrate that the 
QUe$tlon of the possible application of Article K9 to asylum polIcy 
should be examined again In the I lght of experience. M 
20. The Treaty on European Union provides, therefore, a new political 
commitment; a clear set of rules, procedures and possible Instru­
ments; an opportunity for all the Institutions and Member States of 
the Union to Involve themselves In new areas of major public and 
political concern; and rationalised and better coordinated struc­
tures for preparing political-level decisions. Since there Is also 
a potent I a I I y signIfIcant agenda for the se new structures to ad­
dress, the Union owes lt to Itself and to Its citizens to put the 
possibilities offered by the Treaty to early and effective use. 
- 7 -
11.3. Deyelooments on the ground 
21. Annex 1 gives an Indication, albeit on the basis of available sta­
tistics which are not always directly comparable, of the trends In 
migratory movements since the COmmission's 1991 Communications. lt 
Is clear that, although there have been changes in the patterns and 
a number of unanticipated developments, the overall pressures have 
not diminished and are unlikely to do so. According to EUROSTAT, 
total Immigration Into the Union In 1992 has been estimated as In­
volving 2 ml,llon persons, half of which related to third country 
nationals. In 1992, Member States received about 570.000 asylum ap­
plications, but figures available for 1993 Indicate a significant 
drop. In addition, the figures In the Annex show that despite some 
common trends, the situation with regard to Immigration and asylum 
d 1 ffers between the Member States wIth Germany, for ex amp I e, re­
ceiving more asylum applications than all other Member States taken 
together. 
22. On one side of the balance sheet, the concerns about mass movements 
of people towards Western Europe from the ex-Soviet Union and Its 
previous sphere of Influence have not yet materialised, even if 
significant movements have taken place within the area east of the 
former Iron curtain, particularly within the component parts of the 
ex-Soviet Union Itself. On the other hand, migration pressures from 
the South, particularly from North Africa, have If anything in­
creased for both demographic and economic reasons. Furthermore, on 
the Union's own doorstep, the tragedy of the former Yugoslavia has 
produced large-scale movements of people forced from their homes by 
developments which do not fit patterns ·with which Western Europe Is 
~amlllar or equipped and which reQuire new and tailored responses. 
Moreover, a combination of modern travel possibilities and the 
readiness of .unscrupulous traffickers in human beings to exploit 
them has swelled the numbers of would-be Immigrants Into Europe 
from more distant parts of the world. 
23. Changes which have taken place since 1991 do not Imply that there 
will not be further changes In future. They merely point to the 
Increasing need for close monitoring of what is happening at any 
given moment and for putt lng to max lmum use whatever Instruments 
may exist for predicting accurately whet might happen next. 
11.4. Ltglslatlye changes In Mtmbtr States 
24. One of the most Important developments since 1991 has been the In­
troduction of the concept of •temporary protection". This has been 
developed to avoid an over-burdening of asylum procedures In cases 
of mass Influxes. Responding primarilY to developments In former 
Yugos I av I a, 111any Member States have adopted. ·•~ec I a I I eg is I at I ve 
provisions on temporary protection. These provisions generally con­
stitute the l~gal basis for temporary admission of people In need 
of International protection. Although the actual contents of,these 
provisions vary among Member States, some convnon features can be 
distinguished: 
- 8 -
the schemes are set up for mass Influx situations only; 
although the persons concerned may have applied for asylum, or 
may do so at a later stage, their asylum applications are often 
not being dealt with, I.e. as long as the temporary protection 
scheme is appl lcable; 
the temporary nature of the need for protection makes it par­
ticularly Important to develop and, the situation In the coun­
try of origin allowing, to Implement orderly return and reha­
b I I I tat I on po I I c I es . 
25. There Is no uniform pattern In the secondary rights of those who 
enjoy temporary protection: the right to family reunlflcatlon, for 
example, differs between Member States. There Is a tendency In Mem­
ber States to allow people under the temporary protection scheme to 
work during their stay but the right to work Is sometimes limited 
to vacancies that cannot be fi I led by the resident workforce. 
26. Since 1991, all Member States have adopted measures to deal with 
the Increasing numbers of asylum applicants. In general, the mea­
sures taken can be sub-divided into two categories: measures aimed 
at reducing the number of asylum applications to be considered In 
substance by I nt roduc I ng new procedures for the rece i vab i I i ty of 
such applications; and measures aimed at reducing the time needed 
for the substantive examination of asylum applications, for exam­
ple, by reducing the appeal rights of appl lcants. 
27. The lntroduct Ion by Member States of rapid procedures for mani­
festly unfounded applications and the Implementation of the third 
host country principle are examples of the first set of measures. 
Although the majority of Member States have Introduced such proce­
dures, this Is not to say that the procedures are similar. The 
third host country principle, for Instance, has been Interpreted 
differently In various Member States. According to this principle, 
an asylum applicant can be sent to a third country If he or she has 
already received protection from that country or had the posslbl 1: 
lty of asking for asylum while translttlng through lt or If it is 
clear that he or she wl 11 be admitted to the third country. Differ­
ences between Member States In applying this principle relate In 
particular to the Interpretation of the criteria with respect to 
the general situation In the host third country. 
28. The most common measure to speed up substantIve procedures for 
dealing with asylum applications Is the Increase of staff. France, 
Germany, the UK, Belgium and the Netherlands, for example, have 
considerably Increased the number of staff dealing with Individual 
asylum appl lcatlons, but alml lar developments can be noted In other 
Member States as well. Some Member States have also limited the ap­
peal rights of applicants. Alongside a restriction of appeal 
rights, a withdrawal of the auspenslve effect of an appeal In cer­
tain cases has been Introduced In some Member States. 
29. Special mention should be made of recent constitutional changes In 
Germany and France. In both cases the amendments adopted were aimed 
at making lt possible to apply the Dublin Convention and other sim­
Ilar arrangements In relat~on to the Issue of which country has re­
sponsibility for dealing with Individual asylum appl lcatlons. 
- 9 -
30. There have been fewer changes In other areas of immigration law and 
policy. There Is, however, a tendency to restrict conditions for 
family reunlflcatlon. Certain Member States Introduced waiting pe­
riods, while Income and housing requirements have been Implemented 
more vigorously. Opportunities for admission for family formation 
have also been reduced In some Member States. Pot lcles on admission 
for employment have been restrictive since the mid-1970's and this 
has not changed In the past few years. If anything, these pol lcies 
have become more restrictive, due to the significant increase In 
unemployment .figures throughout the Union. 
31. Many of these legislative trends have been reflected in work at Eu­
ropean level, notably In the resolutions, recommendations and dec­
larations adopted by the Immigration Ministers of the Twelve. 
11.5~ Qoyelopments In regard to the 1991 work orogramrne 
32. In 1991, the European Councl I adopted a work programme aimed at the 
harmonisation of asylum and immigration policies of Member States 
and at achieving significant results towards the end of 1993. This 
Is, therefore, a good moment to measure the degree of implementa­
tion of the 1~91 work programme. Annex I I contains a detal led sur­
vey of each of the elements of the work programme and its implemen­
tation. The following paragraphs describe in more general terms 
both the achievements and the fai I ings of the harmonisation process 
thus far. 
33. Although the work programme does not contain any definition of the 
t.erm "harmonIsatIon", that term Is usua 11 y understood to mean the 
development of common rules and practices. This Interpretation 
corresponds with the Introductory part of the 1991 work programme, 
which clearly states that it is not sufficient for Member States 
to develop harmonised legislation, but that their .Implementation 
practices should also be slmi lar. 
34. During the past two years, Member States have devoted much time and 
energy to analysing the differences between their national asylum 
and Immigration policies. They have developed guiding principles 
on some aspects of asylum policies and family reunlfication. The 
development of common rules and practices, however, Is still at a 
preliminary stage. Immigration Ministers have adopted a number of 
res.olutlons, which are not of a legally binding nature and their 
Interpretation Is left to each Member State. There has been no at­
tempt yet to create a mechanism to monitor the implementation of 
those resolutions. The present stage of the process could there­
fore best be described as approximation rather'" than harmonisation 
of immigration and asylum policies. 
35. A closer examination of the resolutions adopted thus far also re­
veals significant gaps even with regard to the subject matters they 
are Intended to address. For example, the resolution adopted on 
family reunification does not deal with admission for family forma­
tion. Nor does it specify the criteria for admission of unmarried 
partners or second-d~gree relatives, leaving it Instead to Member 
-10 -
States to develop their own policies. ·Similarly, the resolution on 
manifestly unfounded asylum applications leaves it up to Member 
States to decide whether they introduce a separate procedure for 
these cases or just speed up regular procedures. 
36. Another feature of the Implementation of the 1991 work programme is 
that more progress has been made on asylum than on general admis­
sion policies. Even there, however, work has concentrated on spe­
cific aspects, I.e. mainly on those policies and practices that 
would counter the abuse of asylum procedures. No significant 
progress has been made In the attempt to reach a harmonized Inter­
pretation of the definition of refugee according to Article lA of 
the Geneva Convent Ion. The European Counc 11, however, adoptett a 
plan of action at Its meeting In Brussels on 10 December 1993 which 
specifies the harmonised application of the definition of refugees 
an area for common action. As for general admission policies, the 
main achievement thus far has been the adoption of a resolution on 
family reunlflcatlon and of a recommendation concerning expulsion 
and Internal checks. Work Is also under way on the harmonisation of 
policies on the admission of workers, the self-employed and stu­
dents, but progress has been slow. 
37. lt Is clear that much remains to be done, If the Union wishes to 
develop and Implement a common policy on immlgrat Ion and asylum. 
Achieving and Implement lng a common policy wi 11 not be possible 
without greater rei lance on legally binding Instruments, procedures 
to ensure uniform Interpretation of those common rules and the de­
velopment of common pol lcles In relation to areas of both substan­
tive and procedural law that have not yet been addressed (some of 
which will probably prove to be the most sensitive). 
-11 -
Ill. THE DEVELOPMENT OF A EUROPEAN I ... IGRATION AND ASYLlll POLICY 
111.1. Introduction 
38. The 1991 Communication on Immigration proposed a comprehensive ap-· 
proach ·based on three separate but interrelated elements: 
Taking action on migration pressure; 
control 1 lng migration flows; 
Strengthening Integration pol lcles for the benefit of legal Im­
migrants. 
Developments since 1991 have served to underline the wisdom of a 
comprehens 1 ve mu 1 t 1-d lsc I p 11 nary approach of thIs kInd. DespIte 
changes In the patterns of migratory movements, the overall pres­
sures have not diminished and are unlikely to do so. Indeed devel­
opments In the neighbouring countries of the Union are more I ikely 
to Increase than to reduce the pressures. 
39. The general political climate rema~ns favourable to the development 
of a comprehensive approach. No international forum, however, has 
yet proved capable of making such a policy operational. The Union 
has the Institutional means to do so and has made a start. The 
three basic approaches mentioned above deserve equal attention, and 
one of the challenges facing the Union is how to ensure the right 
balance between them. When there are Imbalances the whole Idea of 
a comprehensive approach may easily be distorted. The basic phi los­
ophy of this approach is that short-term control measures, includ-
Ing admission measures need to be matched by long-term co-operation 
with countries and regions of origin, and an active polIcy of rein­
forcing the rights of those already legally residing within the 
Member States. 
40. The Convnunication therefore presents a balanced and Integrated ap­
proach and offers the framework within which specific actions can 
be considered and developed. Some of the act ions indicated wi 11 
produce short term effects, other actions wi I I be effective only in 
the medium or long term. They are nevertheless Interrelated. lt 
has, for example, become clear that an indispensable condition for 
successful Integration policies with respect to third country na­
tionals resident In the Union Is control of migration flows (see, 
for example, the •sraun report•, cJted In paragraph 118). 
Harmonisation of admission policies which are discussed In section 
111.3.2., wl 11 have a crucial role to play In that regard. 
-12 -
111.2. Taking action on •lgratlon oressure 
111 .2.1. The need for accurate Information 
41. An essential element In the development of a comprehensive approach 
Is ensuring the availability of accurate information, based on 
harmonised statistics, on migratory movements. The Union needs 
that Information In order to formulate and justify the polIcy mea­
sures necessary at Its level to give effect to the comprehensive 
approach. Member States also need accurate Information to take ap­
propriate measures at the national level. The availability of re­
liable statistics will also go a long way towards meeting the con-
cerns of the public at large as those concerns are often fuel led by 
the absence of a clear picture of the existing situation and I ikely 
future trends. 
42. The existence of directly comparable data collected on a Union-wide 
basis would make it possible to: 
analyse the data in order to establish trends; 
compare the •data with information provided by third countries 
and International as wel I as non-governmental ~rganJzatlons; 
estimate follow-up migration (notably, on the basis of family 
reunificatlon); 
forecast major migratory movements (early warning). 
43. As long ago as~ December 1990 the General Affairs Council, in re­
sponse to a suggestion from the President of the Commission, called 
on the Commission to conduct studies to establish the resources 
aval table to obtain harmonised Information on migration flows with 
the help of Member States. The Commission rapidly drew up an 
agreed Questionnaire but Member States either failed to reply at 
al I or in some cases did so too slowly to be useful. 
44. The monitoring of migratory movements was identified as a matter of 
priority in both the 1991 Communication on Immigration and the 1991 
work programme. This led to the setting up of two "clearing 
hou!tes" -the Centre for Information, Discussion and Exchange on 
Asylum (CIREA) and the Centre for Information, Discussion and Ex­
change on the Crossing of Borders and Immigration (CIREFI) -which 
are Informal structures enablihg national experts to be brought to­
gether on an occasional basis. Their mandates Include exchanging 
data on the number of applications for admission, the numbers of 
persons admItted and the number of returnees. The eo I I ect I on of 
data has become a regular exercise and its compilation Is done by. 
means of a computer I sed system. That lnformat ion, however, Is as 
yet not always directly comparable. 
45. Although CIREA has Initiated some work towards defining the assump­
tions underlying the data provided by Member States, the main ex­
pertise on harmonising statistics I ies with EUROSTAT, which has 
created a working group of specialists from the Member States in 
order to work towards such harmonized statistics. The other ele­
ments of monItorIng 11 lgratory movements ment toned above have not 
yet been fully tackled, although EUROSTAT has taken initiatives in 
some of these areas. · 
-13 -
46. A fu 1 1 y deve 1 oped rnon I tor I ng system shou Id be cap ab I e of meetIng 
al 1 the needs Identified In paragraph 42 above. Whl le the creation 
of CIREA and CIREFI and the work of EUROSTAT can contribute to the 
Union's Information needs In this area, I lmlts exist on what can be 
done within those frameworks, especially in the area of collecting 
and analyzlng data on causes of migration pressure. The Commission 
therefore sees value In the creation of a mechanism to monitor mi­
gration flows and patterns on the most comprehensive possible basis 
and from a Union-wide perspective. Accordingly, the Commission has 
Initiated a study on a variety of possible options for the estab-
1 lshment of an observatory in response to the creation for 1993 and 
1994 by .the European Par 11 ament of a separate budget I I ne for an 
Immigration observatory whose mandate would not be confined to the 
collection and Interpretation of statistical data. If the results 
of that study Indicate that the creation of an observatory would 
best meet the Information needs for the effective development of 
the comprehensive polIcy, the Commission wl I I make an appropriate 
proposa I . ·Any proposa Is to that ef feet w i I I be consIstent wIth the 
Commission's and the Councl I 's long-held view that the creation of 
an observatory shou Id not I ead to more bureaucracy. The studIes 
currently under way focus therefore on efficient methods to collect 
and analyse relevant data rather than on the creation of new struc­
tures. 
1 I I .2.2. Deal lng with root causes of migration pressure 
47. Another essential step in responding to migration pressures wl I I be 
to define what Is meant by that term and what, in fact, needs to be 
addressed. Migration pressure relates to al I actual and potential 
migratory movements directed towards Europe. Migration pressures 
whose root causes need to be addressed take a varIety of forms. 
Economic disparities wl I I generally represent tha most significant 
pressure. Other pressures derive from demographic and environmental 
factors. In other cases the pressures relate to the human rights or 
pol ltlcal situation In the country of origin as would be the case 
for persons in need of International protection. lt Is these 
pressures which is the focus of this section. Hence, the discussion 
of other forms of migration, for example, family reuniflcation wi 11 
be dealt with in the next chapter. 
48. In addressing migration pressures, the Union and its Member States 
must, of course, honour their International obl igatlons and basic 
traditions of resp~ct for human rights, fundamental freedoms and 
social Justice. That wl I I mean retaining their traditional openness 
for refugees, for other persons in need of international protection 
and for those whose admission Is justified for humanitarian rea­
sons. 
49. That openness should not, however, deter the Union from seeking to 
address the underlying causes of migration pressures. For example, 
refugees, although their protection Is part and parcel of the tra­
ditional openness, would normally have preferred to stay In their 
country of origin, had the human rights situation been better 
there. In the case of i I legal Immigration the economic situation In 
-1~ -
the country of origin is often the major underlying cause. If the 
economic situation In the country of origin had provided the person 
concerned with sufficient opportunities, he or she might not even 
have considered emigrating. 
50. A comprehensive approach to migration pressure requires coordina­
tion of action In the field of foreign polIcy, trade polIcy, devel­
opment cooperation and Immigration and asylum policy by the Union 
and Its Member States. The European Council, at Its meeting In 
Edinburgh on December 12, 1992, adopted a Declaration on Principles 
governing External Aspects of Migration Policy, which lt agreed 
should guide and Inform the approach of the Union In this regard. 
Those Principles Identified the following elements as being impor­
tant for the reduction of migration pressure: 
the preservatIon of peace and the terminatIon of armed con­
flicts; 
ful I respect for human rights; 
the creation of democratic societies and adequate social condi­
tions; 
a liberal trade policy, which should Improve economic condi­
tions In the countries of emigration; 
the effective use of the appropriate volume of' development aid 
to encourage susta i nab I e soc i a I and economic development, In 
particular to contribute to job creation and the alleviation of 
poverty in the countries of origin; 
coordination of action in the fields of foreign policy, eco­
nomic cooperation and immigration and asylum policy by the Com­
munity and Its Member States. 
51. The external policies pursued by the Union in the fields of common 
foreign and security policy, trade, co-operation and development 
pol lcles can In themselves contribute to achieving these objectives 
and In practice often do so. Those Instruments will therefore con­
tinue to play an essential part In any comprehensive approach to 
migration pressures. There are, however, additional ways and means 
of giving effect to the principles concerned, based on ~he premise 
that account will often need to be taken of both the specific na­
ture of the migratory flows concerned and the region or country of 
origin they stem from. The three major flows to be considered are: 
refugees; other persons In need of International protection; other 
migratory movements. As the causes behind the first two categories 
of flows are less diversified than those behind the third category, 
the number of measures suggested , Is more llm I ted. ThIs does not 
mean, however, that they are any less Important. 
<a> Refugees 
52. By definition, refugees must have a well-founded fear of persecu­
tion In their country of origin and the pressures which cause refu­
gees to seek asylum will therefore always be human rights related. 
The emphasis which the Union and Its Member States place on respect 
for human rights and the rule of law In their external relations 
can therefore contribute to reducing those pressures. 
-15 -
53. A potential source of Information which Is underutl I lzed at present 
Is the Information obtained during the examination of wel 1-founded 
asylum. appl !cations. Information provided by refugees may wel I 
contain very precise indications on human rights violations In 
their countries of origin, which could easily form the basis for 
follow-up action at bilateral or multi lateral level against the 
country concerned. Such Information should be systematlcal ly exam­
Ined and generalized with the aim of preparing follow-up action, 
whenever feas 1 b 1 e, wh 11 st fu 11 y respectIng the persona I Interests 
of the refugees providing this Information. These ~ctlons should be 
seen as supplementary to and not as a replacement for general human 
rights policies. Moreover the existing policies for dealing with 
human rights violations in other countries must continue to be ac­
tively pursued. 
(b) Other oeople In need of international protection 
54. Other persons in need of International protection refers to those 
persons who, although they may not fulfi I I the definition of refu­
gee as laid down In the Geneva Convention, require protection. In 
the 1 r case, root causes wIll equa I I y i nvo I ve v io I at ion of human 
rights of, for example, ethnic or religious minorities. But In 
these cases, the very nature of the mass migratory movements in­
volved Indicates that there Is more to them than that: ethnic or 
rei igious tensions wl I I generally have escalated to such an extent 
that there is a situation of civil war or at least of wide-spread 
violence. Human rights policies should therefore be supplemented by 
pol lcles aimed at putting an immediate end to the violence itself. 
As was mentioned in the Edinburgh Declaration, In those cases ac­
tion by the Union wil I have to be directed to the restoration and 
preservation of peace. In addition, humanitarian assistance may 
contrIbute to a 11 ev I at I ng the pI I ght of d I sp I aced p-ersons In the 
region of origin; such assistance should, In particular, enable 
displaced persons to stay in the nearest safe area to their home. 
55. The development of a framework In cases of armed confl lets Involves 
a mix of human rights pol lcies, other elements of foreign and secu­
rity pol lcles, and humanitarian assistance. As has been emphasized 
by UNHCR within the framework of the Comprehensive Response to the 
Human I tar I an CrIsIs In former Yugos I av I a, it is necessary to de­
ve I op Inter-agency co-oper at Ion at I nternat Iona 1 1 eve 1 . 1 t w 1 1 1 be 
up· to the Union and Its ~ember States to contribute as effectively 
as possible to such strategies. 
<c> Other migratorY movements 
56. The third category of migratory flows is of a mrxed character. To­
day, most often, these movements wl I I amount to i I legal migration. 
This category also comprises, however, those mass movements that do 
not come under the second category, for example, those fol lowlng a 
famine or ecological disaster. The pressures underlying these 
movements are different in nature from (a) and (b). They require a 
different response and polIcy mix. The root causes are generally 
identifiable: economic disparities, demographic pressures and some 
-16 -
times ecological developments wi 11 normally explain the greater 
part of these pressures. As was st~ted in the Edinburgh Declara­
tion, addressing these migration pressures reQuires action at the 
macro level by way of economic cooperation, Including a liberal 
trade policy and effective forms of development cooperation. Ac­
tion at the micro-level can also contribute to reducing those pres­
sures. 
economic disparities 
57. Tackling economic disparities as a root cause creating migration 
pressure presents the Union and its Member States with special 
challenges. Past experience has shown that development cooperat.lon 
a lone cannot so I ve these economic disparitIes: they need to be 
linked with policies on debt management, international trade and 
investment, since the general economic scope of the developing 
countries is determined to a large extent by their terms of trade 
and their ability to attract or obtain foreign Investment. Another 
area of economic development Is the furtherance of regional eco 
nomic Integration. The experience of the European Community itself 
shows that such a process can consIder ab I y enhance opportunities 
for economic growth. Including al I of these aspects In the compre­
hensive approach and making them operational will reQuire the in­
volvement of the greater part of the external economic and develop­
ment relations of the Union and Its Member States. 
58. In Its Communication of May 1992 on development co-operation policy 
In the run-up to 2000, the Commission noted the existing relation­
ship between certain migratory movements and the development co­
operatIon policy. The best remedy to those migratory pressures 
would be the promotion of economic growth in the developing coun­
tries. The Integration of an active migration policy Into general 
development co-oper at Ion po 11 c ies and externa I economIc re I at Ions 
should be strengthened. The concentration and the co-ordination of 
development co-operation policies of the Commission and the Member 
States could contribute to this. The effects of such a global ap­
proach would, however, be felt only In the long run. 
59. There are, however, particular cases which might justify specific 
development assistance: developing countries which are affected by 
the phenomenon of a severe brain-drain, developing countries sub­
Ject to large-scale migratory movements from other countries and 
developing countries who are willing to cooperate actively with the 
Implementation of an orderly return programme. 
60. The Commission has financed a project Implemented by the Interna­
tional Organization for Migration CIOM) to stimulate and facl 1 ltate 
the return and re-Integration of qualified African nationals resid­
Ing In Industrialised countries. In this way, the Commission alms 
to contribute to reversing brain-drain effects for certain sub­
Saharan AfrIcan countr les. The resu Its of that project have been 
evaluated with a view to a decision on continued support for such a 
programme. 
-17 -
61. A related possibl I ity would be the development of special exchange 
programmes. such programmes which exist already within the frame­
work of co-operation with third medlterranean countries, offer 
Identified target groups a chance to stay within the Union for a 
temporary period In order to continue their studies or to gain em­
Ployment ex per lence. Such 'progranvnes requIre a carefu I formu I at Ion 
of the conditions under which such temporary stay should be al-
lowed: lt should be clear from the beginning that eventually the 
people concerned have to return to their countries of origin. 
62. In practice, most refugees do not reach Europe at all,.but stay In 
developing countries. The efforts undertaken by these countries, 
regularly In close co-operation with the Office of the UN High Com­
missioner for Refugees (UNHCR), is supported by the Union and its 
Member States. Part of the development ass I stance, and~ in par­
ticular of the humanitarian assistance, provided by the Union and 
Its Member States is used to help these countries. 
63. UNHCR and IOM have also been extremely active in the past in set­
ting up orderly return programmes, whenever possible. For example, 
the Comprehensive Plan of Action for Viet Nam has made it possible 
for a considerable number of people to return in safety and dignity 
to their country of origin. Such programmes rely heavily on sup­
port from, Inter al la, the Union and its Uember States. The Minis­
ters reponslble for migration affairs of the 32 Member States of 
the Council of Europe, meeting In Athens In November 1993, also 
drew attention to the development of carefully designed schemes to 
assist persons voluntarily returning to their countries of origin, 
e.g. for refugees able and willing to·return to their home coun­
tries and contribute to the rebuilding of democratic societies 
there. 
demographic pressures 
64. A factor already present which may become even more Important Is 
the demographic situation In a number of countries of origin. In 
Its report on the State of the World Population 1993, the UN Popu­
lation Fund (UNFPA) states the fol towing: 
•Though rates of population growth may have fallen In most devel­
oping countries, numbers are rapidly Increasing. The rapid In­
crease In the number of young people entering their peak years of 
fertility has the potential for even greater Increases In the fu­
ture. Every demographic Impetus towards migration will be multi­
plied over the next two or three decades as populat Ions -and 
therefore the number of potential migrants- rl~e. The combination 
of population pressures and economic Imbalances could produce mass 
migration from poorer to richer countries.• 
65. lt will be necessary for the Union and the Member States to con­
tinue to assist developing countries with their own efforts In the 
field of demographic policies and to contribute to effective a.ctlon 
at International level. As Mentioned In the Resolution adopted by 
the Development COUncil In November 1992, such areas of assistance 
-18 -
should Include: promotion of the health of women In their societ­
Ies, promotIon of 11 teracy, Improvement of the qua 11 ty of the so­
cial services available to communities and the provision of faml ly 
planning services as long as these are not In any way coercive, 
discriminatory or preJudicial to fundamental human rights. 
environmental considerations 
66. Env 1 ronmenta 1 factors can a I so const t tute root causes for et ther 
Incidental or long-term migration pressure. UNHCR and UNFPA have 
argued that these factors are often neglected. At the most obvious 
level, natural disasters, such as flooding or extreme drought tend 
to produce migratory 1n0vements, pr lmar ily away from the affec.ted 
areas Into safer regions or countries. Longer-term processes such 
as erosion and desertlflcatlon as well as the rising sea level can 
also bring about migratory movements. The Union and Its Member 
States will need to continue to respond to Incidents of natural di­
saster by offering an appropriate level of humanitarian assistance. 
The Incorporation of the environmental dimension, already advocated 
In the Commission's Communication "Towards Sustainabi I lty" and 
foreseen 1 n the context of the mid-term revIew of Lome I V, w i I I 
a I so address the root causes of migratory pressure in the long 
term, by ensuring a better management of the natural resources of 
the developing countries. 
action at micro-level 
67. In addition to the longer-term measures of a macro-eco~omlc nature 
(which by definition will take time to produce tangible results, 
perhaps even after an In It I a 11 y counterproductive Impact In terms 
e.g. of potential brain-drain), actions wi 11 also be required at 
micro-level. In this context, the key question that needs to be ad­
dressed Is what motivates potential illegal Immigrants to leave 
their countries of origin and choose to come to the Community. lt 
would appear that not all groups behave alike and that there Is a 
tendency, for example, for qual tfied rather than unqual I fled people 
to mtgrate3. This suggests that the "profiling" of actual and 
potential Immigrants could make a significant contribution to the 
development of strategies and programmes to be applied at the level 
of countries or regions of origin themselves.~ 
3 StudIes for varIous countrIes poInt to thIs tendency: a study 
prepared by the University of Amsterdam for the Dutch Ministry of 
Welfare, Health and CUlture, In 1992, showed this for asylum 
applicants. Studies the Commission prepared on the MAGHREB­
countrles Identify similar tendencies for Illegal migrants coming 
from these countries. 
The Migration Information Programme, set up In Budapest, following 
a Joint undertaking of the Counci I of Europe and IOU, is also 
producing useful studies on the profile of potential migrants from 
Central and Eastern European countries and their motivations. 
-19 -
68. lt will be necessary to Involve the country of or1g1n in this pro­
cess from the beginning: only within the framework of a dialogue 
with the countries concerned can effective measures be taken. They 
cou 1 d, for ex amp I e, I nvo I ve economIc and soc I a I measures. 1 t may 
turn out that International migration Is the seQuel of internal mi­
gration from rural into urban areas. In such cases, it may be fea­
sible to concentrate on these Internal movements, either by intro­
ducing labour-Intensive development proJects for these rural areas 
or by Improving housing and work conditions in the urban areas, es­
pec I a I I y In the sma I I and medIum-s I zed towns and c 1 t 1 es, and 
preferably by a combination of these policies. 
-20 -
111.3. Qontrolllng migration flows 
Ill .3.1. lntroduct Ion 
69. Within the framework of the comprehensive approach control I lng mi­
gration flows will continue to represent an Indispensable element. 
The "root causes" policies described in section 111.2 above are 
primarily aimed at long-term reduction of migration pressure. Mea­
sures a lmed at contro 11 I ng mIgration w i I I therefore remaIn neces­
sary for the foreseeable future. 
70. The first task In control I ing migration is to formulate basic prin­
ciples in order to reflect the distinction between migration pres­
sure and other forms of migration. Admission pol icles will neces­
sari IY represent this distinction: they cannot be purely restric­
tive, as they should respect international obl igatlons and humani­
tarian traditions in general. Hence, control I ing migratIon does 
not necessar 1 1 y Imp I y brInging it to an end: It means mIgration 
management. Defining grounds for admission in clear terms makes it 
possible to translate those concepts into practical pol icles. The 
definition and implementation of pol icles In order to deal with 
Irregular forms of migration wi 11 be another essential element in 
the control of migration flows. 
71. Throughout this chapter emphasis wi I I be put on the need to 
harmonise lmmlgrat Ion and asylum policies. This Is by no means a 
new Idea but reflects an approach endorsed by the European Counci I 
which reQuested Immigration Ministers In 1991 to make substantial 
progress with the harmonisation of both Immigration and asylum law 
before the end of 1993. The reasons which justify such a common ap­
proach are related In part to the Intensification of migration 
pressures felt by almost al I Member States. Member States recognize 
that their Immigration and asylum pol lcies have become Increasingly 
Interdependent as the adoption of new measures in one Member State 
can directly affect migratory movements towards the neighbouring 
Member States. 
1 1 1 .3.2. Admission policies 
72. Although both the 1991 Communication on Immigration and the 1991 
Maastricht work programme contained references to basic principles 
underlying admission pol icles, discussion between Member States has 
generally concentrated on the more specific proposals for 
harmonisation included in the work programme. This approach seems 
justified, as long as the general principles governing each spe­
cific ground for admIssion are defIned during the harmonisatIon 
process. The fol lowlng paragraphs review the work done In these ar­
eas and seeks to IdentIfy matters wh I eh remaIn to be addressed 
while setting out some basic considerations which are relevant to 
Individual gro~nds for admission. 
73. The first area adressed by ·Immigration Ministers was admission for 
faml ly reunlfication. On this, they adopted a resolution In 
Copenhagen In June 1993. That resolut'lon reflects the principle 
-21 -
that family reunlftcatlon Is intrinsically linked to the right of 
family life as recognized by the European Convent Ion on Human 
Rights. The resolution spells out which categories of faml ly mem­
bers are entitled to the right of family reunificatlon and lays 
down genera I cond I t.l ons for admIssIon. 
74. Family reunlflcatlon Is of considerable importance to third country 
nat Iona 1 s I ega 11 y res I dent In the CommunIty and the success of 
Integration pol lcles can be affected by the pot icies which apply in 
this matter. Given the Importance of legal certainty In this area 
for th 1 rd country nat Iona Is I ega I I y res I dent In the CommunIty, a 
legally binding Instrument, such as a Convention, could usefully 
constituie a firmer basis and could address remaining differences 
in the practices of Member States in this regard. These include 
wa 1 t i ng per lods, maxI mum age of eh i I dren ent it I ed to be admItted 
for family reunlfication, policies on family formation as wel I as 
policies regarding the admission of unmarried partners and second­
degree family members, the admission of adopted children and the 
legal status of the admitted family members. 
75. Other aspects of admission pol icles currently being examined within 
the Council relate to the admission of students, workers and the 
self-employed. That work needs to be brought to a conclusion. In 
the case of students, the Commission bel leves that admission pol i­
cies should be based upon the general principle that migration 
which promotes a better understanding and an Improved knowledge of 
each other's societies Is be welcomed. tt wi 11 also be important, 
however, to avoid policies creating a brain-drain effect on the 
countries of origin. Hence, policies should be developed to prevent 
people from staying after completion of their studies. 
76. Admission policies concerning workers and self-employed have varied 
over the years, corresponding to the economic needs of the Commu­
nity. In this area it seems highly relevant to agree on the basic 
principles governing admission policies with regard to third 
country nationals legally resident in one of the Member States. 
This subJect wi I I be dealt with more extensively in chapter 1 I 1.4. 
as it Is closely I inked to integration pol icles. 
77. As a next step in formulating the basic principles underlying ad­
mission pol icles concerl'11ng workers and self-employed, principles 
should be defined concerning the admission of other third country 
nationals. With the present economic and labour market situation 
these admission PO! icies wi 11 generally have to remain of a re­
strictive nature In the short term. This impl les that the setting 
of Quotas, a measure which has been suggested as a means to al levi­
ate migration pressure, does not correspond with the existing eco­
nomic situation In the short run. 
78. The longer term approach to the issue of labour-related migration 
wl I I also of necessity have to take account of developments In the 
economic and labour market situation in the Community. A new empha­
sis has been given to the promotion of growth and competitiveness 
and combat t I ng unemployment by the CommIssIon's WhIte Paper on 
Growth, Competitiveness and Employment. A longer term perspective 
will eQually reQuire the impact of demographic changes on the 
-22 -
labour market to be taken Into account. lt wi I I therefore be neces­
sary to monitor closely labour market developments In order to en­
sure that admission policies are capable of adapting to new de­
mands. such analyses should also be able of distinguishing between 
short-term conjunctural developments and structural changes, as 
what Is needed Is a clear picture of the long term development of 
labour supply and demand. If lt were to be established that there 
was a 1 ong -term need for add It Iona I I abour supp I y, the ana I ys is 
should proceed defining costs and benefits of allowing for migra­
tion In order to fill up these gaps. Only If it were to be estab­
lished that the net effects would be positive, the setting of quo­
tas should be considered. 
79. Irrespective of the outcome of such a general analysis, there are 
good reasons to refrain from applying restrictive policies In case 
of temporary work schemes, especially those developed under the 
root causes approach, provided that this does not amount to "Job 
rotation" and admission of seasonal and frontier workers, catego­
ries which would need to be precisely defined. 
80. An area of admission policy which has yet to be addressed is the 
Question of admission on humanitarian grounds. As was explained In 
the 1991 work programme, harmonIsatIon of thIs po I Icy Is d I ff i cuI t ,. 
as by definition admission for humanitarian reasons Is based upon 
the specific circumstances of each Individual case. What might use­
fully be done at this stage, however, Is to examine the extent to 
which Member States' existing practices allow for the admission of 
specific vulnerable groups In this regard. Special attention could, 
for example, be paid to the position of women who are the victims 
of trafficking or sexual harassment as one such category, a group 
about which the European Parliament has recently expressed its con­
cern. 
I 11.3.3. Re~ugees and other persons In need of international protection 
81. From an analytical point of view, migratory movements and migration 
pressure should be examined in all their forms, I.e. lrrespect lve 
of the Question whether they are asylum-related or not. At the same 
time, however, the arguments that were developed In the 1991 Commu­
nication on the right of asyium are still valid: asylum policies 
are distinct In that they are aimed at meeting a humanitarian chal­
lenge·. The principle of non-refoulement, as embodied In the 1951 
Geneva Convention, reQuires States Parties to be scrupulous In es­
tablishing which asylum-seekers are refugees In the sense of arti­
cle 1A of the Geneva Convention. Refugees are entitled to protec­
tion. By not providing such protection, States Parties would con­
travene the most basic principle of the Geneva Convention and, 
alnce this Convention has been explicitly mentioned In Article K2 
of the TEU, even violate that Treaty Itself. lt Is by definition 
Impossible to curb the number of refugees to whom Member States are 
reQuired to give protection. Asylum policies are therefore differ­
ent as they ar~ aimed at managing the examination of asylum appl 1-
catlons in such a way that every application can be considered In a 
fair and efficient manner. 
-23 -
82. The 1991 work programme and the 1991 Communication on the Right of 
Asylum analysed the various aspects of asylum policy that would 
have to be harmonised. Considerable progress has been made In set­
ting out the guiding principles In various resolutions. The plan of 
action approved by the European Council at Its meeting In Brussels 
In December 1993 Identifie-d the following Issues for priority at­
tention In 199~: 
(a) harmonised appllca.tlon of the definition of "refugee" In accor­
dance with Article 1A of the Geneva convention; 
(b) the estab'l lshment of minimum standards for asylum procedures. 
The steps necessary to give effect to these priorities are consid­
ered In the fol lowlng paragraphs together with some suggestions for 
actions on other related Issues. 
(a) harmonised aool icatlon of the definition of ''refugee" 
83. Harmonisation of the appl lcation of the definition of "refugee" re­
quires attention to be given to two distinct aspects: on the one 
hand, general Indicators need to be developed with regard to legal 
aspects of the concept of refugee; on the other hand, country of 
·origin related Indicators are needed to supplement these general 
Indicators In order to make them applicable to Individual cases. 
The Councl I has therefore decided that the appropriate expert 
groups within the Council framework should take forward the work on 
both of these aspects. UNHCR has already stated Its readiness to 
contribute to this work. The COmmlsslon.welcomes these developments 
w~lch may pave the way for an important standard setting exercise. 
(b) minimum standards for asYlum Procedures 
84. The Increase In the number of asy I urn-seekers has prompted Member 
States to take action In order to develop more efficient asylum 
procedures and to set up a mechanism between themselves for deter­
mining which Member State should be responsible for dealing with a 
particular asylum application (i.e. the Dublin Convention). That 
Convent Ion a I so represents an Important compensatory measure for 
the real lsatlon of a European area without Internal borders. 
85. Whereas these approaches all have a useful role to play, the Intro­
duction of pre-screenlng procedures aimed at excluding certain cat­
egories of asylum applications from the more substantive examina­
tion procedures, with a view In particular to Identifying mani­
festly unfounded applications, carries the risk that Member States, 
unless they take great care, may Involuntarily find themselves vio­
lating the principle of non-refoulement. lt will therefore be dif-
ficult to exclude whole categories from the subat~ntlve part of the 
asylwn procedure: as reaff lrmed In the 1992 resolutIon on mani­
festly un.tounded asylum applications, each request should be exam­
Ined on an Individual basis, as the asylum seeker needs to be given 
the chance to explain why he or she would be an exception to the 
general rule of Inadmissibility, even If he or she comes from a 
country In which there Is generally no reason to fear persecution 
or If there Is a third host country. 
-2~ -
86. The resolutions adopted in 1992 on manifestly unfounded asylum ap­
P 1 1 cat ions and on the thIrd host country concept were the fIrst 
step Immigration Ministers took to lay down harmonised standards 
for the asy 1 urn procedure. The Convn I ss I on be I I eves that ensurIng 
legal certainty In this matter for both asylum applicants and the 
Member States may warrant the subJect matter of those resolutions 
also being dealt with more comprehensively by way of a COnvention. 
87. In addition, the development of fair and efficient procedures re­
quires agreement among Member States on the basic principles under­
lying the asylum procedure In their countries. Although this sensi­
tive question touches on the basic legal tradition of each Individ­
ual Member State, consideration could be given to the posslbiJity 
of defining objective criteria for fairness and efficiency, which 
would set a certain general framework, while leaving it to each In­
dividual Member State to fi 11 in the exact nature of the asylum 
procedure. Guidance on the principles Involved can be found In var-
-Ious EXOOM5 Cone Ius ions as we 11 as In the UNHCR Handbook on Pro­
cedures and Criteria for Determining Refugee Status. 
88. Criteria for efficiency would relate to the access to and duration 
of the various stages of the asylum procedure. They should reflect 
the need to keep asylum accessible. Apart from the considerations 
mentioned above based on Internationally approved texts, migration 
management requires such an approach: In the absence of active mea­
sures to reduce mIgratIon pressures, wou Id-be asy I um seekers may 
turn to Illegal Immigration If asylum procedures are no longer ac­
cessible to all. lt Is unlikely that the costs lnvolv~d In effec­
tively countering such I I legal movements would be any l'ess than ac­
tual costs of dealing with the asylum requests. The advantage of 
the asylum procedure, however, Is that In the majority of cases, 
and especially In case of manifestly unfounded applications, the 
whereabouts of asy I um app 11 cants Is known or Is read i 1 y 
ascertainable, whereas, In the case of Irregular movements, almost 
by definition a considerable effort wi 11 be needed to locate the 
people concerned. 
89. Criteria for fairness would, Inter alia, relate to appeal rights 
and reception conditions. As for the latter, Member States' prac­
tices are still quite different and it may be difficult to achieve 
fUll harmonization: the 1991 work programme and the 1991 Communica­
tion on the right of asylum did, however, Indicate that approxima­
tion of reception policies should be possible. These criteria 
should moreover give attention to the procedures that would apply 
with respect to particularly vulnerable groups, such as women and 
(unaccompanied) Minors. These groups often require special treat­
Ment, taking Into account the specific difficulty they may have In 
presenting their asylum case. 
90. The adoption of criteria for fair and efficient procedures of Union 
-wide application would represent a significant step forward to­
wards a common asylum policy. 
5 Executive Committee of UNHCR. 
-~~ -
<cl Other necessary actions 
91. Beyond the Immediate priorities Identified by the European Councl I 
attention could also now usefully be given to the problem mentioned 
In the 1991 work programme concerning cases that do not fa I I within 
the terms of Article 1A of the Geneva Convention, but where it Is 
the general policy of each Member State, not always for Identical 
reasons, not to requIre the I nd I vI dua Is concerned to return to 
their country of origin. As this Involves In practice considerable 
numbers of cases, some degree of harmonlsat ion would seem worth 
seeking. 
92. Moreover, recent experience, notably the lessons to be drawn from 
the tragedy In former Yugoslavia, suggests that the Issues of tem­
porary protection and temporary absorption problems should now be 
addressed too. 
93. Member States have responded in a number of different ways to the 
problem of people fleeing former Yugoslavia, often by Introducing 
schemes offering temoorary Protection for vulnerable groups, hence 
avoiding a massive recourse to asylum procedures. These schemes are 
Indeed to be welcomed as a positive step to deal with mass Influx 
situations. Some Member States have adopted specific legislation to 
provide for a sol Id legal basis; other Member States used the mech­
anism of extending temporary stay. At least two Member States have 
gone further by examining the Individual asylum applications and 
allowing a large number of the persons concerned admission as a 
refugee or for humanitarian reasons. lt would be possible to bui Id 
on this experience and harmOnise these .schemes with a view to elab­
orating a uniform European scheme for temporary protection. Such a 
harmonisation would avoid the redirection of this type of migratory 
flows on the basis of differences in national legislation. lt would 
also guarantee a minimum level of protection to the persons con­
cerned, Irrespective of the Member State offering this protection. 
94. Such a harmonised approach would have to address the following 
questions: 
how to Identify a particular situation as giving rise to the 
need for temporary protection; 
the legll rights of people who have been granted temporary pro­
tection; 
the period of time after which admission for long-term stay 
should be granted. 
95. As for the first question, the factors to be taken Into account 
would Include: the occurrence of mass lnfluxes~or the expectation 
that such mass Influxes are about to reach the Union; an Indica­
tion from UNHCR that no adequate asslstanc.e.-and protection Is 
available In the region of origin, or that the Onion Itself could 
be considered to be part of the region of origin, as In the case of 
former Yugoslavia. A decision that a particular situation gave rise 
to the need for temporary protection would also have to address the 
Issue of who should benefit. In some cases, temporary protection 
would have to be extended to all groups Involved; In others, it 
might be possible to draw up criteria for specific vulnerable 
-26 -
groups; and 1 n others, the scheme might be open on I y to those 
groups that have been Identified· by UNHCR or oth~r rei lef 
organisations. 
96. Any temporary protection scheme would need to establish the legal 
r 1 ghts of those concerned. The key feature of these schemes Is 
their temporary nature but the total duration of the protection de­
pends on the developments In the country of origin. lt would there­
fore be necessary to evaluate at regular Intervals whether the pro­
tection scheme has to be continued or whether orderly return 
programmes could be Initiated. An equitable balance between the In­
terests of the persons Involved and the Interests of Member States 
would need to be found. 
97. The third question wl I I arise where the situation In the country of 
origin remains of such a nature that temporary protection Is neces 
sary for a long period of time. The Issue then will be whether it 
Is still Justified to send the persons In need of International 
protection back to their country of origin when the situation in 
that country has finally Improved. lt Is Inevitable that the longer 
a person stays In a country, the more ties he or she develops with 
lt. When temporary protection stretches out for a period of several 
years, it is very likely to be accompanied by a certain level of 
Integration, until the point is reached when it is no longer rea­
sonable to require the people concerned to go back to a country 
with which they may no longer feel close links, even though it Is 
their country of origin. 
98. Another Issue to be addressed in the context of migration control 
Is an effective policy to cope with temporary absorption Problems. 
ExperIence has shown that In the case of sudden mass I nf I uxes of 
people In need of International protection, there may be temporary 
shortages of housing and other facll ities. So far, no consistent 
monitoring of absorption problems takes place. The Union could take 
the lead In setting up such a monitoring system, on the basis of 
an exchange of views on best practice learned from past experience. 
A permanent form of co-ordination between the various departments 
Involved could be set up. lt would then be possible to make the 
necessary arrangements on the basis of estimations of numbers and 
costs Involved and to create contingency plans for emergency situa­
tions. On the basis of this Information, the Union could try toes­
tablIsh some Matching of national absorbtlon capacities. 
99. such a matching system would not necessarily have to amount to a 
formal arrangement for burden sharing, but would offer reciprocal 
assurance among Member States that, when they are confronted with 
serious problems In Implementing their reception policies, they 
would not stand alone, but could reckon with active support from 
other Member States and from the Union Itself. 
100. In the context of such a matching system, it Is noteworthy that 
the European Parliament has asked the COnvnlsslon to submit a pro­
posal for the creation of a European Fund for Refugees6. lt seems 
6 Paragraph 7 of ResolutIon A3-0280/92 adopted by the EP on 18 
November, 1992. 
-27 -
logical that any such fund might be used for emergency situations 
facing Member states, for example mass Influxes, where, on a 
strictly voluntary basis and/or for geographical reasons a Member 
state may find itself undertaking responsibility for more people 
in need of International protection than it would have to under 
the criteria laid down In the Dublin Convention. lt could equally 
be used to assist Member States which lack the necessary adminis­
trative capacity when faced with new pressures. 
101. The community and its Member States should not just look inward: 
the application of the principle of third host countries to 
countrl~s of transit will affect In particular the neighbouring 
countries of Central and Eastern Europe which often turn out to be 
countries of transit. Debates within the Councl I of Europe and a 
recent UNHCR report demonstrate that the implementation of asylum 
pol lcles poses severe budgetary and operational problems for these 
countries. In order to assist them, UNHCR Is Involved In 
Institution-building focusslng on the setting up of fair and effi­
cient asylum procedures. The Union should take an active Interest 
In these activities, since the successful application of the prin­
ciple of third host country vis-a-vis the Central and Eastern Eu­
ropean States wi I I depend on how these countries can cope. A Euro­
pean Fund for Refugees might be a source of finance for projects 
Involving NGOs operating- in Central and Eastern Europe. 
111.3.4. Illegal immigration 
102. With migration pressures increasing and opportunities for legal 
migration being increasingly restricted, people wanting to enter 
the Union are likely to continue to turn to Illegal lmmlgrat Ion. 
The comprehensIve po I Icy as advocated In this communI eat I on re­
quires a firm and clear policy to counter these movements. I I legal 
forms of migration undermine the effect of admission pol lcles, are 
detrimental to policies aimed at the integration of legal immi­
grants and put the people concerned in a vulnerable position. The 
Union there fore requires an act i ve po I Icy to prevent and combat 
I I legal migratory movements. 
103. I-llegal immigration takes a number of forms. Persons may, on the 
one hand, seek to enter the territory of the Community i 1 legally 
by evading Immigration controls or by the use of false documents. 
In other cases persons who have entered the Community lawfully may 
place themselves in an irregular situation by overstaying or oth­
erwise acting In breach of the terms of their admission (e.g., 
taking up employment). 
104. Work on the relevant measures contained In the 1991 work programme 
has focussed on expulsion. lmmlgrat Ion Ministers In June 1993 
adopted a Recommendation concerning checks on and expu Is ion of 
third-country nationals residing or working without authorization. 
The comprehensive approach to counter the problem of I I legal Immi­
gration requires action at a number of levels. Four main elements 
can be distinguished: 
-28 -
(a) measures designed to prevent illegal Immigrants entering the 
territory of the Community; 
(b) measures designed to Identify persons I I legally resident In the 
CommunIty; 
(c) defining minimum standards for the treatment of Illegal Immi-
grants; and · 
(d) measures to faci I ltate the repatriation of I I legal Immigrants. 
<a> preventive measures 
105. Actions to deal with root causes of migration pressure have been 
discussed In sect Ion 111.2.2. Beyond those measures, combatt lng 
Illegal Migration requires preventive action before the people 
concerned reach the Union. Work Is under way within the framework 
of the Councl 1 In regard to exchange of Information on. routes and 
traffickers, but needs to be made more systematic. In this respect 
close co-operation with transit countries and countries of origin 
would provide valuable help in obtaining the necessary information 
In order to take action against the ~raffickers concerned. In 
countering identified traffickers care must be taken not to block 
off any possibility for persons in need of international protec­
tion to leave their country of origin. 
106. Rigorous controls at the external frontiers and visa policy will 
also play their part In discouraging and combattlng 11 legal Immi­
gration. The revised draft Convention on the crossing of external 
borders, recently tabled by the Commission, clearly sets the 
framework for systematic and effective border controls. The first 
priority should now be adoption of this Convention. There wl I I in 
the longer term also be a need to monitor its implementation. Con­
s I de rat Ion w I I I a I so be gIven to measures to support specIfic 
projects in the case of Member States who face problems because of 
their particular geographical position. 
Cbl Measures designed to ldent lfy Persons Illegally resident In the 
Community 
107. Prevent lve measures and more systemat le border controls of the 
kind envisaged above w·t I I be Important In combattlng I I legal Immi­
gration, but cannot be compl"etely effective in stopping it. Mea­
sures which permit the Identification of persons within the Commu­
nlti In an Irregular situation will therefore continue to have an 
Important role to play as well. This Issue has been touched upon 
by the 1993 Recommendation on expulsion policies which mentions, 
Inter al la, the Importance of Internal checks. This Is undoubtedly 
sensitive territory since the location of migrants In an Illegal 
altuat Ion la generally a police matter which needs to be set In 
the context of a wide range of other priorities, of which the gen­
eral fight against crime la probably the most Important. 
108. The 1991 work. programme together with the 1991 Communi cat Ion on 
Immigration offered other solutions to this complex problem. The 
focus there was on efforts aimed at making lt difficult In prac­
tice for people In an Irregular sltua~ion to remain. The various 
" -29 -
Income sources for such people offer a useful point of departure. 
Generally, there are two main sources of income: benefits from 
various publ le support schemes and Income from 11 legal employment. 
In the Introduction to the 1991 work programme lt was stated that 
"lt must be ensured that social measures do not offer an invita­
tion to illegal residence given that, for humanitarian or emer­
gency reasons, I 11 ega I I y res I dent persons cou Id qua I I fy for such 
measures". And secondly, that "policies for reducing Illegal em­
ployment will have to be Intensified. Here the role of the em­
ployer as guilty party who takes advantage of the precarious posi­
tion of the foreigner In a situation of Illegal residence must 
take centre stage". The 1991 Communication on Immigration was even 
more specific on the latter subject: 
The Commission would be prepared, In the interest of effi­
ciency, to submit a suitably revised version of Its proposal on 
the approximation of Member States' legislation on measures to 
combat i I legal Immigration and the attendant question of 
unauthor 1 sed work. In this connect ion, succesfu I pub I I c con­
tract tenderers could be ob I iged to provide evi~ence of compl l­
ance with the rules of labour law and principals could be held 
liable In the event of non-compliance with the rules on clan­
destine employment by their sub-contractors, or the temporary 
employment businesses used by them." 
In Its resolution of 18 November 1992, the European Parliament 
also Identified combattlng 11 legal employment as an Important ele­
ment In the fight against I I legal Immigration. The Commission re­
mains of the view that the approximation of legislation to combat 
Illegal employment would contribute to the fight against illegal 
lnvnigrat Ion. The Commission wi 11 table proposals to secure that 
objective. 
(c) Defining minimum standards for the treatment of I I legal immigrants 
109. Although generally firm and effective action against 11 legal Immi­
gration is essential for the reasons out I lned above, lt should not 
be for~otten that the persons concerned can be subject to exploi­
tation and be In an extremely vulnerable position. lt should 
therefore be taken Into account that they are entitled to a fair 
procedure ensuring full protection of the human rights and funda­
mental freedoms as provided by International law. To this effect, 
defining minimum standards will be a necessary step which wi 11 
equally help ensure the credibility of restrictive policies con­
cerning Illegal Immigration. 
110. A measure which would give practical expression to this goal would 
be signature and ratification by Member States of the UN Conven­
tion on Migrant Workers and Members of their Famllles7. This con­
vent Ion Is unique, as lt lays down the human r lghts of migrant 
workers, Including those who are In an Irregular situation. The 
7 Ratification of this Convention Is also desirable 
protection of the rights of third country nationals 
resident In the Community (see section 111.4.) for the 
legally 
-30 -
Convention makes it clear that human rights and fundamental free­
doms are applicable, Irrespective of the legal status of the mi­
grant concerned. This could be supplemented, if necessary, by an 
Instrument of the Union. 
Cd> measyres to facilitate the reoatrlatlon of i I legal· immigrants 
111. The fourth element la the repatriation of those who are found to 
be In an Irregular situation. The best form of repatriation re­
mains voluntary return and schemes that have been set up In some 
Member States, often In close co-operation with the IOU, to stlmu-
1 ate vo 1 untary return offer one such poss i b i I i ty. These schemes 
can be cost-effective, when compared with the costs Involved In 
Involuntary repatriation, and can therefore be attractive to both 
governments and the people concerned. lt is important, however, 
that these schemes should not have the unintended effect of en­
couraging i I legal Immigration. Although no effort has been made to 
approximate such schemes among Member States, there would seem to 
be a case for doing so, In order to avoid disparities in this re­
spect between Member States. 
112. Expulsion Is the solution of last resort with _regard to people 
found In an Irregular situation who ~re not prepared to leave the 
territory voluntarl ly. Expulsion is a necessary Instrument to make 
lt clear that Illegal lmrnlgrat Ion wi 11 not be tolerated. Member 
States have, however, faced practical difficulties In implementing 
repatriation policies In specific Instances. Such difficulties can 
arise where there are no direct transport connections between the 
Member State and country of origin concerned -or where the country 
of origin Is unwilling to cooperate. 
113. Immigration Ministers no doubt had the first of these difficulties 
In mind when they adopted a Recommendation regarding transit for 
the. purposes of expulsion in November 1992. According to this Rec­
ommendation, Member States have undertaken to facilitate transit 
through their territories with a view to enable the expulsion re­
patriation to take place. Consideration should be given whether 
similar arrangements could be established with third countries. 
114. Readmission agreements with third countries were Identified In the 
1991 Communication on Immigration and the 1991 work programme as a 
means of solving the problems that can sometimes arise with coun­
tries of origin or transit. Conclusions on the guiding principles 
for ·the purpose of the elaboration of such agreements with third 
countr les have been recent I y approved by the Counc I I of Just 1 ce 
and Home Affairs. Those principles now need to be translated Into 
formal agreements of the Member States with relevant third coun­
tries. In this respect it Is to be welcomed that the Budapest 
Conference which as held In February 1993 and In which almost all 
Central and Eastern European States participated, agreed on the 
relevance of such readmission agreements In the European context. 
115. The Council also approved the pr inclple of establishing a link, 
wherever practicable, between readmission agreements and practices 
on the one hand and the external agreements of the Convnunity and 
-"'' -
Its Member States on the other. In this way the con~lusion and Im­
plementation of such readmission agreements could be faci I itated. 
Giving effect to that decision requires follow-up action from both 
the COmmission and the Counci 1. 
116. such readmission agreemer:'ts may have Important consequences for 
the countries concerned. As transit countries, they may be faced 
with considerable burdens, not only of a financial but also of a 
technical nature, as they wl 11 have to take charge of the repatri­
ation of the persons concerned. Even the re-Integration of Its own 
nationals ••Y put addltlona• strains on the national labour market 
or government assistance schemes. The Union will need to show sen­
al t 1 v 1 ty for these aspects In an actIve ass I stance po ~Icy wh I eh 
can be Incorporated Into Its general policies towards such agree­
ments with the countries concerned. 
117. Specific policies could also usefully be considered for certain 
vulnerable groups. An example of such a group would be 
unaccompanied children. Many Member States have developed guide­
lines on the extent that children below a certain age should not 
be returned, If there are no relatives or guardians that wl 11 take 
care of them upon return. Other Member States. however, do regu­
larly repatriate children, even without such guarantees. This 
therefore offers another area where the establishment of minimum 
standards would be desirable. Similarly, policies In regard to 
victims of sexual exploitation should ensure that repatriation of 
the victims does not prevent legal action to be taken against per­
sons responsible for that exploitation. 
-32 -
111 .4. strengthening Integration pol lcles for the benefit of legal Im­
migrants 
118. The Commission bel leves that Integration pol lcles and Immigration 
policies are closely linked. Society's readiness to accept the 
Inflow of new migrant groups depends on how it perceives govern­
ment to be In control of the phenomenon. As was stated already In 
the Braun report<8>: 
"We cannot refer to the Integration of Immigrants already es­
tab 1 1 shed wIthout a I so consIderIng the new Inflows of m I grant 
workers, faml ly members, asyl~m seekers and i I legal or clandestine 
Immigrants, since the rate and volume of arrival of such people 
undoubtedly affect the Integration process". 
More Importantly, nearly all Community countries have now become 
countries of Immigration. The immigrant population Is estimated at 
nearly 10 ml I I Ion third country nationals legally resident In the 
Member States. The nationalities representing a total population 
within the Community of more than 100.000 persons were: Austria, 
Turkey, Yugoslavia, Algeria, Morocco, Tunisia, USA and lndia<9>. 
119. Integration Is therefore an issue for all the Member States. lt 
means offering migrants and their descendants the opportunity to 
1 lve "normal IY" In the host country. That requires providing mi­
grants with sufficient resources (knowledge of the local language, 
housing, education, vocational training etc.) to enable them grad­
ually to attain "parity" with the national population. From the 
immigrants themselves it requires the wi I I lngness to adapt to the 
·lifestyle of the host society without losing their cultura·l Iden­
tity and acceptance of the fact that equality of rights entails 
equality of obllgat Ions. This approach now seems to be widely 
favoured In the Community countries. 
120. Whl le there Is now a general recognition of the need for an active 
Integration polIcy In al I the Member States, those pol lcles them­
selves need to be continuously monitored and developed If they are 
to be capable of responding effectively to the changing character­
Istics and needs of those migrant communities already establ lshed 
within the Convnunlty and new entrants. That Is why Integration 
pol lcles remain at the very heart of the pol ltlcal debate. 
121. The tendency within Member States Is for bodies at both central 
and local level to be given responslbi I lty for Implementing policy 
and for those bodies to be supported by a variety of voluntary as­
sociations. Difficulties in achieving consistency become greater 
where the number of actors involved Is large. The allocation of 
subsidized housing, which often entails the involvement of the 
State, district authorities and special 1st bodies, offers one such 
example. The effectiveness of Integration policies can also be 
endangered by those who seek to exploit the issue of immigration 
(8) "Policies on lnvnlgrat Ion ~nd the social lntegrat Ion of Migrants In 
the European CommunIty", SEC(90) 1813 f I na I, po 1 nt 21. 
(9) See Annex I, table 8 A,B,C. 
-33 -
for political purposes. These difficulties must, however, not be 
allowed to obscure the rewards, for each Member State and the Com­
munity, of successful Integration policies. 
122. There have been many ea I Is by the European Par I i ament sI nee the 
publication of the 1991 Communication on Immigration for the Com­
mission to prepare and table framework directives relating to in­
tegration pol lcles for thl:d-country Immigrants and resolutions on 
the fight against racism and xenophobia. The Commission sees con­
siderable value In use being made of the possibilities offered by 
the TEU, Including Its Title VI, which provides for the possibil­
Ity of joint action on policy regarding nationals of third coun­
tries, for the development of common approaches of these issues. 
some spec 1 f 1 c suggest Ions for such an approach are contaIned In 
subsequent paragraphs of this section. 
123 .· For th 1 s purpose, It 1 s usefu I to d I st I ngu Ish between po 11 c I es 
for lmprov I ng the sItuatIon of third-country nat Iona Is, po I I c I es 
aimed at creating the right economic and socio-cultural environ­
ment for successful Integration, policies to meet Information 
needs and to promote dIalogue, and po I i c i es aimed at combat t I ng 
racism an xenophobia. 
111.4.1. Improving the situation of third-country nationals legally 
resident within the Community 
124. Any successful integration policy must of necessity include sev­
era 1 components. The fIrst essent i a I e I ements are the prospect 
and security of permanent residence status. _Security of stay and 
·permanent residence for all those satisfying stability criteria 
constItute the fundament a I prerequIsites for successfu I Integra­
t Ion. Without this foundation, uncertainty wi I I pervade other as­
pects of the Integration process such as family reunlflcatlon, ac­
cess to employment, housing, health, education and training etc. 
Moreover, an Immigrant's own commitment to integration depends to 
a large extent on whether he feels secure in his residence status. 
For this reason the ~ission suggested In its 1991 Communication 
that consideration should be given to the creation of a jointly 
agreed permanent residence entitlement which could be granted af­
ter a qualifying period. 
125. Special attention also needs to be given to the residence status 
ot members of the faml ly of legally resident Immigrants. A situa­
tion where family members continue to be dependent on the status 
of the Immigrant , even after a long term residency Is unsatisfac­
tory. Children or grandchl ldren of lmmigrants~who have not become 
nat Iona Is of the Member State In which they I ive but who them­
selves have been resident In the Member Stat~ •for an appropriate 
QUalifying period should be able to enjoy security Of status When 
they are above school age. Similarly, foreign-born spouses of es­
tablished Immigrants or nationals should enjoy Independent resi­
dence rights after a Qualifying period. For these persons·there 
must be a reasonable expectation that they can stay In the event 
of the breadwinner's death, divorce or departure from the country. 
-34 -
126. Another area which would merit attention Is the reQuirement, In 
some Member States, for a separate residence permit where a permit 
for economic activity was already granted. Such reQuirements cre­
ate overlap and Insecurity for the Immigrant. Overlap Is costly 
and unnecessary whl 1st Insecurity runs counter to the goal of In­
tegration. 
127. In Its 1991 eonnunlcation the Commission also expressed as Its 
opinion that the logic of the Internal market Imp I led the el lmlna­
tion of the condition of nationality for the exercise of certain 
rights. A first step In this respect would be to enable third 
country nationals to move freely around within the Union on the 
basis of their residence permit, which would replace any existing 
visa reQuirement. The Schengen Agreement provides such a right of 
free circulation, but Is appl lcable to the Schengen-countrles 
only. The COmmission believes that this right should also be en­
sured for the Union as a whole. In this respect, on the one hand, 
as far as the crossing of external frontiers Is concerned lt has 
proposed giving residence permits of third country nationals le­
gally resident in one of the Member States the eQuivalent value to 
a visa. This proposal has been included in the draft Convention on 
the crossing of the external frontiers of the Member States which 
lt has submitted to the Counc1110. On the other hand, in order to 
allow third country citizens legally resident In a member State to 
circulate freely within the Union for short-stay periods, the Com­
mission Intends to come forward with a proposal which would allow 
them to enter the terrItory of another Member State wIthout a 
vI sa. even In cases where the Member State concerned .wou Id other­
wise reQuire one for nationals of the third countries 'in Question. 
128. Another element to which consideration should be given Is free 
movement for the purpose of engaging In an economic activity. The 
Social Partners represented In the Permanent Committee on Employ­
ment reQuested on 14 May 1992 that obstacles to taking up employ­
ment In another Member State for nationals of third countries who 
have a permanent residence status In one Member State should be 
eliminated. This Idea had already been reflected In the 1991 work 
programme, which foresaw the •examination, within the appropriate 
fora. of the possibility of granting third-country nationals who 
are long-term residents In a Member State certain rights or possl­
bll~tles, for example concerning access to the labour mar­
ket.~ •11 . 
129. Steps now need to be taken to realise that obJective. A first 
step towards Improvement In this area would be for Member States 
to accord priority to third-country nationals permanently and le­
gal~y resident In another Member State, when Job vacancies cannot 
be filled by EC nationals. Allowing such third country nationals 
access to •ploy~nent In another Member State In response to an 
of fer of etnp I oy~~ent wou Id represent a further step r,n t h 1 s d 1-
rectlon. The situation of self-employed persona seeking the right 
of establishment In another Member State would also need to be 
addressed. 
10 COM(93)684 final, submitted to the Councl I on 10 December 1993. 
11 WGI 930, page 6 
-35 -
130. In the Introductory part of the 199-1 work progranvne it was stated 
that "from the view point of social justice, the general approach 
... should be to examine which rights third-country nationals 
should be able to enjoy among those enjoyed by Member States na­
tlonals12. In Its 1991 COmmunication on Immigration, the Com­
mission stated that " ... equal lty of treatment for legally resident 
lnvnlgrants Is a fundamental objective for the whole of soci­
ety•13. Member States should now review their legislation In or­
der to remove conditions of national lty for the exercise of 
rights or the granting of benefits, which are no longer Justified 
for objective reasons. 
131. In the 1991 Communication, the Commission stated that the obser­
vance of commitments undertaken In agreements with third 
countr les providing for equal treatment of the workers of these 
countries In matters of remuneration, working conditions and 
social security, should be ensured. The Commission continues to 
use the means at Its disposal to monitor strict Implementation of 
the provisions of these agreements In the Member States, In the 
light of the case-law of the Court of Justice. 
132. The International Convention on the Protection of the Rights of 
al I Migrant Workers and Members of their Fami I ies, adopted by the 
General Assembly of the U.N. on 18 December 1990, requires 20 
rat lficatlons for its entry into force. Ratification of this 
Convention by the Member States would constitute the expression 
of the value attached by the Union to improving the position of 
migrant workers and their families resident in the Union and en­
sure that the rights accorded to them correspond to the highest 
International norms. 
133. The laws governing natural lsatlon and national lty vary greatly as 
between Member States, reflecting different historical and phi lo­
sophlcal concepts of citizenship. As Is made clear by the 
•oec I a rat Ion on Nat Iona 11 ty of a Member State"· annexed to the 
Treaty on European Union, the Question of whether an individual 
possesses the nationality of a Member State shall be settled 
solely by reference to the laws of the Member State concerned. 
Natural I sat Ion Is nevertheless potent tally an Important legal in­
strument to facilitate the Integration of resident Immigrants and 
subsequent generations born In the country. The benefits of 
natural I sat Ion for legally resident Immigrants Include permanent 
residence, freedom of mbvement In the Community and the enjoyment 
of full civic and political rights. lt can also be an Important 
factor In motivating the Immigrant to learn the language and use 
and contribute to national and social Institutions. 
12 WGI 930, page 28 
13 SECC91)1855 final, paragraph 59 
I I I . 4. 2. -36 -
Creating the right economic and socio-cultural conditions 
for successful Integration 
134. Employment of. Immigrants and ethnic minorities continues to be 
hampered by 1 nequa I It I es In the I abour market wh I eh resu It from 
the absence of qual lficatlons, the vulnerabl I lty of the Industries 
In which Immigrants have traditionally been employed, Inadequate 
school lng or poor knowledge of the language of the Member State In 
which they reside, the I lmlted employment and career perspectives 
open to Immigrants and discrimination (generally disguised) at the 
recruitment stage. Community Instruments and policy to combat 
unemployment and exclusion should pay particular attention to the 
position of Immigrants. Measures taken under the Social Fund 
should take account of their special needs. 
135. Other elements relevant for successful Integration are housing and 
health. Difficult housing conditions and access to health services 
are not I imited to immigrants, however. These questions are there­
fore addressed in the Community programme against exclusion. 
136. Immigrants face the same labour market pressures as nationals of 
Member States but can also suffer disadvantages ~peclflc to them. 
The problems encountered by immigrants on the labour market also 
vary with age and sex. While special measures and training oppor 
tunltles are offered to the 15-25 year old age group, these should 
be capable of taking account of the special needs of Immigrants 
and members of ethnic communities. Likewise, persons In the 23-30 
year age group can be particularly vulnerable: often they have ar­
rived to Join their families and started school at a late stage. 
In those cases their qual lflcatlons may be Inadequate and they may 
not speak the language very well. This age group, together with 
the first-generation unemployed, have I lttle I lkel lhood of finding 
a suitable Job and require special measures. Immigrant women and 
young.glrls can encounter even more serious barriers In regard to 
traInIng, emp I oyment and f I na I I y promotIon. Those prob I ems re­
flect only part of the picture. The majority of Immigrants are of 
course, wel I Integrated In the labour market and continue to make 
an Important contribution to national economies as workers and 
professionals and through the creation of smal I and medium-sized 
enterprises. 
137. Artrcle 2(3) of the Agreement on Social PolIcy, which provides for 
Community legislation in the area of employment conditions of 
third-country nationals who are legally resident In the territory 
of the Community, creates a new basis for proposals by the Commis­
sion In this area.<14) 
138. The Dlrectlve<15) on the education of migrant workers' children 
represents a basic point of reference although Its appl lcatlon Is 
limited to children of nationals of the Member States who move 
(14) See the Communication concerning the appl !cation of the Agreement 
on social polIcy presented by the Comm!sslon to the councl 1 and to 
the European Pari lament -COM(93)600 final of 14 December 1993). 
(15) Directive of 25 July 1977, O.J. no. L199 of 06.08.1977 
-37 -
within the community. In a Declaration In the Minutes of the Coun­
cl 1, however, Member States expressed the pol ltlcal wl I I that the 
measures taken by them shou Id eQua I I y respond to the needs of 
chl ldren from third countries. 
139. 1 n add 1 t ion, si nee 1976, the Commission has, in cooper at ion with 
Member States, promoted pi lot projects on the education of migrant 
children, including children from third countries. These gave pri­
ority to improving school provision for the teaching and learning 
of the host country, as well as on the training of teachers re-. 
sponslble for such teaching, as the key prereQuisites for success­
ful educ.ation Integration of young Immigrants, including those of 
the second generation, many of whom continue to have specific lan­
guage needs. Additional emphasis was given to mother tongue edu­
cation for Immigrants, to support their self-esteem and cognitive 
development, and as a contribution to Member States' effort to di­
versify their language education provision. lt Is expected that 
such cooperation wl I I be extended further in the framework of the 
new action programme (SOCRATES). The Commission's proposal for a 
programme on vocational training (LEONARDO), includes action to 
support eQual opportunities for access to initial and continuing 
t r a 1 n 1 ng for dIsadvantaged groups. ThIs opens the way for such 
measures to be targeted more specifically at young Immigrants, 
especially as the Commission's policy is to articulate, at both 
policy and operational level, the implementation of the policy ob­
jectives as set out in Articles 126 and 127 of the TEU. ELAINE, 
see below, Is also Involved In an urban education co-operation 
project focussing on language learning in multicultural settings 
which the EuroCity network conducts with support from the Commis­
sion. 
Ill .4.3. Information and dialogue 
140. The spread of Information through expert networks contributes 
greatly to the know-how of persons Involved In Integration. The 
Commission supports two such networks, one of which RIMET (Reseau 
d' Information sur les Migrations Des Etats Tiers) publishes a 
yearly report on the situation In the Member States. The report 
covering 1992 describes attitudes towards control, labour market 
reQuirements and the challenge of lntegration<16). The other, 
ELAINE (European Local Authorities Interactive Network for Ethnic 
Minorities Pol icles), promotes an interactive exchange of experi­
ence between local. authority officers dealing with Immigrants at 
the local level. Use of these networks wi I I be expanded. 
141. A mechanism at the Union level which would enable agencies respon-
s I b I e for coordInatIng IntegratIon po 11 cy at the nat Iona 1 1 eve 1 
and others responsible within national administrations for polIcy 
In these matters to monitor developments and exchange Information 
and experiences would be valuable. Such a network could be 
organised within the framework of the concertatlon procedure, in­
stituted by the Commission's decision of 8 June 1988(17). 
(16) V/5819/93, June 1993 
(17) 88/384/CEE 
-38-
142. In 1 ts Reso I ut Ion of 16 Ju I y 1985 on guIde I i nes for a CommunIty 
Policy on mlgratlon18, the Councl I recognized the deslrabl I lty of 
a dialogue at COmmunity level with associations of migrant work­
ers. For this purpose the Migrants Forum has been founded on a 
European Parll~ment Initiative with Commission funding but po­
t ltlcal ly Independent. 
The Forum has defined the fol lowlng objectives: 
-establishing dialogue and exchanging Information between the 
European convnunlty lnst ltut Ions and the populat Ions result lng 
from migration; 
Improving Inter-ethnic and Inter-community relations In the Eu­
ropean Community through Its own Initiatives; 
-promoting generally the Interests of migrants and refugees 
originating In non-COmmunity countries (third countries); 
achieving eQual rights, free movement including the right to 
work and the right of establishment, and the right to vote, for 
Immigrants. 
Support groups have been or are beIng founded In each Member 
State, with the objective of broadening the democratic base, 
structures and representation of the Forum. The Commission will 
continue to support the Forum. 
I I I. 4. 4. Combating racial discrimination and tackling the problem 
of racism and xenophobia 
143. As demonstrated by the adoption of a formal Declaration and a Plan 
of Action by the Heads of State and Government of the Council of 
Europe Member States (VIenna, October 1993), policies on non­
discrimination have become the more urgent with the recent surge 
of racial and xenophobic tendencies. Manifestations of racism and 
xenophobia In several Member States which have Included physical 
attacks, arson and murder, demand and reQuire a response. Al­
though the responsibility for tackling this Issue lies with Member 
States, the Commission has sought to promote and facl I ltate debate 
at Union level on this Issue. To that end lt undertook a compre­
hens-Ive assessment of the legal Instruments Implemented In the 
various Member States to combat al I forms of discrimination, rac­
Ism and xenophobia. The results of that survey were pub I lshed un­
der the title •Legal Instruments to combat Racism and Xenophobia". 
That study concluded that Member States need to look to the sys­
tems of I ega I redress for rac 1st acts ava I I ab I e to the 1 r res 1-
dents, to provide the means for legal redress when they are lack­
Ing, ensure they are Implemented with vigour and campaign to In­
spire confidence, In victim and perpetrator al lke, that transgres­
sions will be prosecuted. The Commission intends to arrange for 
that study to be revised and updated In 1994. 
18 O.J. C186, 26.07.1985 
-39 -
144. The Commission has also sought to faci I ltate action at other lev­
els and supports financially many NGO projects under the headings 
of •human rights" and •migrant integration" whose focus Is either 
directly or Indirectly anti-discriminatory and pro-integration. 
The Commission will continue to use the different Instruments 
aval table to lt to promote initiatives of this kind. 
145. National systems of monitoring racial harassment Incidents to pro­
vide reliable statistical Information on trends are needed. Con­
currently with the above, education of publ le servants coming Into 
contact with ethnic minorities should be Improved, specifically 
teachers, police and staff of Immigration, housing, health and so­
cial security departments. The attention of those responsible for 
prov 1 d 1 ng 1 nforma t 1 on shou Id be drawn to the Import a nee of the 
role they can play In eliminating racial prejudice, via codes of 
good practice. 
146. The Social Partners should also be Involved in this process and 
could usefully be encouraged to draw up codes of practice on good 
community relations In the work place, such as a Community Code of 
Practice prohibiting racial discrimination in employment for which 
the framework of the Social Dialogue, Instituted by the Agreement 
on Social Policy attached to the TEU could be used. The aim of 
such a Code would be to combat racism in the workplace through 
the preparation of COmmunity-level guidelines prohibiting race 
discrimination and offering guidance to the social partners on 
good practice. Preparatory work to this end is already under way, 
In consultation with the Social Partners and In cooperation with 
national experts and researchers. 
147. ·The Issue of racism and xenophobia was the subject of a Joint Dec­
laration by Parliament, Counci I and the Commission In 1986. Since 
then, the fight against racism and xenophobia has been Identified 
as a priority objective by the European Counci I, and the European 
Parliament has many times called for appropriate action. In order 
to encourage young people to become aware of and recognize the In­
trinsic value of cultural diversity, the Commission's recent pro­
posal for an action programme In the field of youth (Youth for Eu­
rope Ill) provides for support for projects aimed at combatt lng 
racism and xenophobia and Is addressed to all young people living 
In the Member States. 
148. The Council of Justice and Home Affairs recently adopted conclu­
sions recognizing the Importance of the work of the European Par­
liament In this area and endorsing a series of measures intended 
as a f I rat step to promote Improved cooper at Ion between Member 
States to prevent racIst and xenophobIc acts: The Counc 11 a 1 so 
recognized that further concrete measures may be necessary . 
. .. 
149. The Commission believes that scope ex lsts for ·Improving coopera­
tIon at· the Union level In the fight against racism and xenopho­
bia. The conclusions adopted by the Council recognize the need for 
a comprehensive response Involving a multi-agency approach ·and a 
number of different elements- Improved data collection, training 
and cross-border co-operation. Work will now be needed to further 
-40 -
develop proposals In these and other areas as tools In counteract­
Ing racist attitudes, acts and dlscrtmlnatlon so as to ensure that 
all the possiblllt ies offered by the new Treaty framework are 
fu I I y ut Ill zed. 
-41 -
IV. SUUMAAY: A NEW FRAMEWORK FOR ACTION BY THE UNION 
150. Chapter Ill contains a number of proposals designed to develop a 
European Immigration and Asylum policy. Those proposals are In­
tended as _Ideas to be discussed and elaborated. They are not In­
tended to lay down a definitive work plan at this stage but offer 
Instead a framework, which Member States and the Commission Itself 
w 1 1 1 want to consIder, In drawIng up the new act I on programme 
which Is now required to take account of the posslbi I itles offered 
by European.Unlon and enable lt to pursue an active and comprehen­
sive migration policy. This final chapter summarizes these ideas. 
fAKING ACTION ON MIGRATION PRESSURE 
1. Improvement of the col lectlon of accurate information on, for ex­
ample: 
migratory flows Into the Union; 
the causes underlying these flows; 
estimated migration pressure and corresponding migratory flows. 
2. Consideration to the establishment of an •observatory• for migra­
tion and the role lt could play in meeting the information needs of 
a comprehensIve appr.oach to the cha I I enges of I mm i gr at ion and asy­
lum. 
3. Definition of actions to be taken in order to tackle root causes of 
var lous types of migratory movements ·In accordance with the Eu­
ropean Council's 1992 DeclaratIon on Pr lnclples governing the Ex­
ternal Aspects of Migration Policy. Those actions could involve: 
human rights policies; 
humanitarian assistance; 
se cur i t y po I Icy; 
demographic policies; 
trade, development, co-operation policies; 
exchange programmes for certain target groups from countries of 
origin, and especially from neighbouring countries, 
specified, where necessary, for individual countries or regions 
of origin. 
CONJROLL I NG M I GRAJ I ON FLQWS 
General admission Dol lcles 
4. COmpletion of the 1991 work programme, with partlcular emphasl~ on: ... 
the elaboration of a Convention on family reunlflcatlon. 
the completIon of work In the area of admission of workers, 
ae If-employed, students and thIrd country nat Iona 1 s l~ga 11 y 
resident In the Community. 
-42 -
5. Approximation and where possible harmonisation of admission poli­
cies for humanitarian reasons with special attention to the posi­
tion of certain vulnerable groups, such as women who are the vic­
tims of trafficking. 
Refugees and other Dersons In need of International protection 
6. Implementation of the Plan of Action approved by the European Coun­
cl 1 In December 1993 In regard to: 
harmonised application of the definition of refugees In accor­
dance with Article 1A of the Geneva Convention; 
development of minimum standards for fair and efficient asylum 
procedures. 
7. The elaboration of a Convention on manifestly unfounded asylum ap­
plications and the Implementation of the third host country prin­
·clple. 
8. Harmonisation of pol icles concerning those who cannot be admitted 
as refugees, but whom Member States would nevertheless not reQuire 
to return to their country of origin In view of the general pre­
val I lng situation In that country. 
9. Harmonisation of the schemes for temporary protection. 
10. Deve I opment of a monItorIng system for absorpt I on capacItIes and 
creation of a mechanism which would make lt possible to support 
Member States who are w I Ill ng to assIst other. Member States faced 
with mass Influx situations; slml larly to support proJects of Mem­
ber States or third transit countries faced suddenly with new pres­
sures. 
I I I ega 1 I mm i g rat I on 
11. Improving procedures for the exchange of Information on routes and 
carriers and the taking of appropriate follow-up measures of a pre­
ventive nature. 
12. Adoption and Implementation of the revised draft Convention on the 
Crossing of External Borders. 
13. Development of Measures designed to Identify persons Illegally res­
~dent In the Community focusslng In particular on combating Ille­
gal employment. 
14. Definition of minimum standards for the treatment of those who have 
been found to be In an Irregular situation. (See also point 22) 
15. Development of guidelines on repatriation policies concerning par­
ticularly vulnerable groups, such as unaccompanied minors. 
16. Approximation of schemes for the voluntary repatriation of Illegal 
Immigrants and Intensification of cooperation between Member States 
In order to facilitate rep~trlatlon In appropriate cases and exten­
sion of this cooperation to relevant third countries. 
-~3 -
17. conclusion of readmission agreements with relevant third countries 
and making the necessary linkage between these agreements and cor­
responding external agreements of the Community and examination of 
the consequences of such readmission agreements for certain rele­
vant countries of origin or transit. 
STRENGTHENING INTEGRATION POLICIES FOR THE BENEFIT OF LEGAL MI­
GRANTS 
lmoroying the situation of third country nationals within the Com­
muni tv 
18. Harmonisation of legal status of third country nationals legally 
resident· In the COmmunity with a view to ensuring a permanent res­
Idence entitlement for Immigrants and members of their faml I les who 
satisfy stabl I lty criteria. 
19. Steps to realize the objective of free movement for legally resi­
dent third-country nationals. 
20. Review of Member States' legislation In order to remove condltions 
of nationality for the exercise of rights or granting of benefits 
which are not Justified for objective reasons. 
21. Monitoring of Implementation by the Member States of the agreements 
with third countries as regards equal treatment of workers of these 
countries. 
22. Ratification by the Member States of the International Convention 
on the Protection of the Rights of AI I Migrant Workers and Members 
of Their Families, adopted by the U.N. on 18 December 1990. 
Creating the right economic and socio-cultural conditions for sue 
cessful Integration 
23. Actions to combat unemployment of third country nationals. 
2~. Actions In relation to employment conditions of third country na­
tionals who are legally resident in the territory of the Community. 
25. Further development of special programmes for invnlgrants in the 
context of the new education action programme (SOCRATES) and the 
vocational training programmme (LEONARDO). 
Information and Dialogy~ 
26. £xpanslon of the RIMET and ELAINE networks. 
27. Extension of the concertatlon procedure provided for in Commission 
Decision 88/38~ to ensure Involvement of all bodies responsible for 
Integration pot Icy within national administrations. 
28. Continuing support for the Migrants Forum. 
-44 -
Combating racial discrimination and tackling the problem of racism and 
xenophobia 
29) Revision and up.datlng of the Report "Legal Instruments to combat 
Racism and Xenophobia" . 
. 30) Est ab I I shment of systems for rnon i tor i ng i ne i dents of rac I a I ha­
rassment. 
31) A Community Code of Practice prohibiting racial discrimination in 
employment. 
32) Development of proposals In the field of education, Information 
and legislation to promote Improved cooperation between Member 
States to prevent racism and xenophobia. 
1 
ANNEX 1: DESCRIPTION OF MAIN MIGRATORY FLOWS 
L General immigration and emigration figures 
1. The following tables describe general immigration and emigration patterns for the 
Member States from 1989 until 1992. Although the Communication does not deal with 
migration of EC citizens, the tables are illustrative as they show that these movements 
are more important in quantative tenns than migratory movements of third country 
nationals. Unfortunately, the statistics are not available for all Member States 
throughout the relevant period. This affects especially the numbers mentioned as 
"total", as these represent merely aggregate figures for a number of Member States 
and do not represent the aggregate number for immigration or emigration to or from 
the Union as a whole. The total immigration figure for 1992, for example, is estimated 
by EUROSTAT at about 2 mln. persons, whereas the table indicates a much lower 
figure due to lack of full data from all Member States. In addition, the following 
should be taken into account when reading these tables: 
The 1992 figures for Gennany relate only to the first half of that year~ 
Immigration data for France do not include French nationals returning to 
France~ 
Emigration data for Spain refer only to nationals~ 
Figures for Ireland, Portugal and the UK are of a provisional nature only and 
are rounded. Immigration data for Portugal do not include Portuguese nationals 
returning to Portugal. 
2 
Table IA· Total immigration in the Member States 
Member State 1989 1990 1991 1992 
Belgium 54,149 62,682 67.460 66.763 
Denmark 38,391 40,715 43.567 43.337 
Gennany 1522,190 1256,250 1182,027 666,585 
Greece 38,644 42,021 24,346 32,132 
Spain 33,910 33,988 24.320 38.882 
France 94.855 102,108 110.867 
Ireland 33,300 40.800 
Italy 81.201 168.754 128.935 
Luxembourg 9.143 10,281 10.913 10.698 
Netherlands 98,916 117.350 120.237 116.928 
Portugal 13.700 
United Kingdom 249.752 288.787 288.522 2J5.900 
"total" 2,128.285 2,150,973 2,035.226 1.317.784 
~ource: EUROST.AT 
Table IB: Immi(Uation of non-EC nationals in the Member States 
Member State 1989 1990 1991 1992 
Belgium 21,071 25.837 29.294 27.971 
Denmark 15,977 16.283 18.457 17.708 
Germany 649,213 328.800 792.737 
Greece 22,081 19.760 10,374 11.235 
Spain 7,880 '8,381 7,273 12.735 
France 85,339 92.789 88.470 
Ireland 3,200 4,600 
Italy 20,571 89.020 83,977 
Luxembourg 1,585 1,938 2,321 2,887 
Netherlands · 50.318 83,301 84,285 
Portugal 12,200 
United Kingdom ll5,917 128.404 116.938 95.000 
"total" 906.602 789,053 1.243.636 2.74.798 
~ource: EUROSTAT 
3 
Table IC· Total emigration from the Member States 
Member State 1989 1990 1991 1992 
Belgium 33.458 32.502 33.752 33.707 
Denmark 34,949 32,383 32.629 31,915 
Germany 544,987 610.595 582,240 321,472 
Greece 
Spain 12,044 9.149 
France 
Ireland 
Italy 
Luxembourg 6,288 6.339 6.740 6.441 
Netherlands 47,485 45.321 45.297 
Portugal 25.700 
United Kingdom 142.081 163.884 168.515 149.700 
"total" 811.237 905.058 880.313 570.927 
~ource: FlJF OSl1\ 1 '· 
Table ID: Emigration of non-EC nationals from EC Member States 
Member State 1989 1990 1991 1992 
Belgium 7,342 8,949 8,014 8.328 
Denmark 6,773 6,369 7,639 8.330 
Germatl)' 348.371 380.930 400,897 
Greece 
Spain 
France 
Ireland. 
Italy 3,340 4,172 3,913 
Luxembourg 1,172 1)15 1,221 1.195 
Netherlands 12)42 12,023 12:150 
Portugal .900 
United Kingdom 62,447 67,131 70,425 77,300 
"total" 443,676 482.779 506.250 98.045 
~ource: FITROSJAT 
4 
. 
£. Intra-European migration 
2. In the case of intra-European migratory movements of non-EC citizens, two major 
developments can be noted. First, the States of Central Europe have become important 
transit countries. Second, ethnic conflicts and the vulnerable position of minority 
groups have produced large-scale migratory movements from certain Eastern European 
countries. While the civil war in former Yugoslavia produced millions of displaced 
persons, minority groups, such as the gypsies in Romania, have also migrated in large 
numbers. 
3. The expected large scale movements of citizens from the former Soviet Union to 
Western Europe has not happened. There has been migration by ethniC minorities 
(ethnic Germans, ethnic Greeks, ethnic Jews, Annenians, Poles, Bulgarians, 
Hungarians) who were the first to make use of the new emigration opportunities 
provided by the political changes of 1989 and 1990. They migrated to the USA, 
Canada and Israel as well as to Member States. There were, however, only 12,000 
asylum requests lodged in Member States in 1992 by ~itizens of the· former Soviet 
Union, of which Germany bore the brun~ receiving 84% of them. 
4. There has been a marked increase in short-term movements from the former Soviet 
Union ostensibly for tourist purposes. These visits, for example to Poland (which 
received 7 million tourists from the former Soviet Union in 1991) ar~, in fact, mainly 
commercial, involving trade in commodities like vodka. They pose· problems when 
the "tourists" overstay, in the hope of finding work. 
5. However, the main migratory movements with respect to the former Soviet Union will 
be internal. Statistics from the Rand Corporation indicate that there will be a great 
number of Russians returning from other republics of the former Soviet Union. For 
example, 81 o/o of Russians living in Tadjikistan intend to return. The desire to move 
may stem from ethnic tensions (discrimination against Russians) or economic factors 
(severe agrarian overpopulation in e.g. Central Asia, Caucasus, Moldova). Since over 
27 million Russians live outside Russia, this is an enormous potential migration factor. 
Russia has also had to cope with the return of its servicemen stationed in Eastern 
Europe. 
6. With regard to Central and Eastern Europe, excluding former Yugoslavia, table 2 
provides the figures for the number of asylum seekers in Member States originating 
from these countries. With the exception of Polish citizens, the number of citizens of 
each of these countries who applied for asylum in the Member States has practically 
doubled. About 60-800/o of these asylum requests have been lodged in Germany, but 
the number of applications there has dropped considerably after the recent changes of 
the German asylum laws. It is still too soon to predict whether this will be a long­
term development or whether there will be a redirection of these asylum requests to 
other Member States. For the time being, however, it seems risky to extrapolate the 
figures of 1991 and 1992 to 1994 and beyond. 
5 
Table 2: number of asylum-seekers from Central and Eastern Europe (excluding former 
Yugoslavia) in the Member States 
Country of origin 1991 1992 
Bulgaria 15,094 33,203 
Czechoslovakia 1,873 3,109 
Hungary 646 1,163 
Poland 5,899 5,979 
Romania 50,872 111,346 
Total 76,375 156,792 
Source: Member States 
7. The states of Central.and Eastern Europe have also recently become important transit 
countries. Reliable figures are hard to obtain, but it is estimated that important 
migratory flows are involved. It is clear, for example, that Somalians and Chinese use 
these countries for transit. Poland has faced important migratory movements from 
Romania, Czechoslovakia, Bulgaria and Vietnam. In 1992 Hungary and Poland faced 
a sharply increased number of attempted illegal -border crossings. 
8. The situation in former Yugoslavia has produced the most dramatic intra-European 
migratory movement. According to UNHCR, by March 1993 the number of displaced 
persons and other victims in need of protection had increased to 3.8-million. It clearly 
shows that within Europe, violent ethnic conflicts can quickly generate massive 
migratory movements. Figures provided by UNHCR show that a relatively small 
number of countries have received the largest share of displaced persons from the 
former Yugoslavia1. The following table shows the figures relating to the number of 
persons offered special protection as they are considered to belong to vulnerable 
groups. These figures only represent a small proportion of the total number of former . 
Yugoslavs legally residing in the Community, as the number of asylum seekers and 
of p.ersons who have been granted temporary protection (over 400.000 in the Union 
alone) should be added. 
1 "Survey of Implementation of Temporary Protection", issued as a working document 
during the session of the Humanitarian Issues Working Group of the International 
Conference on the Former Yugoslavia, Geneva, July 1993. 
r ~ V1 I 
! ' 
6 
Tables 3A and 3B: Number of places offered to vulnerable groups from former Yugoslavs 
by the end of April 1993/EU and other receiving countries (figures 
marked with + do not include family members) 
COUNTRY NUMBER 
OF 
PERSONS 
Belgium 200 
Denmark 200 
France 1,320 
Germany 17,000 
Greece 150 
Ireland 340 
Italy 400 
Luxembourg 10 
Netherlands 200+ 
Spain 1,000 
United Kingdom 1,000+ 
COUNTRY NUMBER 
OF 
PERSONS 
Australia 250 
Austria 200+ 
Canada 500 
Czech Republic 500 
Finland 72+ 
Malaysia 100 
New Zealand 50+ 
Sweden 150+ 
Switzerland (incl. refugees 5,635 
and temporary protected 
status) 
Turkey 270 
USA 1,000 
7 
9. At present, displaced persons from former Yugoslavia have found refuge in a large 
number of countries. Although most of them stay in a European country, countries 
like the USA, Australia, Canada, Pakistan and Malaysia have also offered hospitality 
to differing numbers of them. Although sometimes, as in the case of Pakistan, the 
government concerned has indicated that it reckons with an eventual return of the 
former Yugoslavs to their region of origin, there seems to be no risk of these people 
having to return before the situation in former Yugoslavia has improved. In some of 
the neighbouring countries the outlook may be different. It is not clear, for instance, 
what the position will be for the almost 300 000 Muslims from Bosnia-Herzegovina, 
at present sheltering in Croatia, given that Croatians and Muslims have engaged in 
direct fighting against each other in Bosnia-Herzegovina. It cannot be assumed that 
even in the event of a breakthrough in the peace process there will be an immediate, 
dignified and orderly return of the displaced former Yugoslavs: first of all, the 
necessary facilities will not be available in those areas that were directly affected by 
the conflict. Secondly, some of the former Yugoslavs may already have stayed for 
such a long time in the host country that they have become integrated and would not 
wish to return to tl:eir country of origin. It will depend on the policies of the host 
countries whether such a continued stay will be permitted. It may therefore be 
concluded that with the Yugoslav crisis, Europe has experienced massive migratory 
movements, eventually leading to a diaspora of a large part of the population of 
former Yugoslavia . 
.l. Migratory flows from Northern Africa and Turkey 
10. Migratory movements from Northern Africa into the Community are of a quite 
different character from the intra-European movements. Whereas the migratory 
movements from Central and Eastern Europe are, with a few exceptions, a relatively 
recent phenomenon, immigration from Northern Africa has long-established roots. 
Some of these relate to the colonial past of Member States. Reference can be made 
to the immigration into France from, for example, Algeria. But most of the regular 
migratory movements go back to the recruitment programmes a number of European 
Member States adopted between 1960 and 1973. As a consequence of the realization 
that the "guest workers" would actually become real immigrants and were not just 
temporary visitors, they came to benefit from the right of family reunification which 
resulted in continuing follow-up migratory effects. 
11. The number of persons legally resident in the Member States in 1992 are included in 
table 8. These figures have to be interpreted with some caution. In particular, due 
regard should be given to the effect of nationality laws: if the jus soli applies, as is, 
for example, the case in France, children of first-generation migrants automatically 
obtain the nationality of the host country and are no longer counted as third country 
national. The figures in table 8 cannot therefore be used as indicators for the actual 
population originating from the countries concerned. Nevertheless, compared to 1980 
most Member States have shown an increase of the resident population from the 
MAGHREB countries and Turkey. This increase can almost entirely be attributed to 
admission for family reunion. This form of migration would normally be expected to 
8 
diminish in the future, since family reunion for the first generation has already been 
completed. The decrease to be expected could be smaller, however, if second and third 
generations also marry people from their country of origin. ~ 
12. Although regular migration from Northern Africa and Turkey may be expected to 
decline in the years to come, there is reason to believe that irregular migration from 
these countries may still increase. The push and pull factor involved are too 
significant to assume that migration pressures will not increase considerably in the 
future. In order to give a follow-up on the 1991 Communication on Immigration in 
this respect, the Commission had two local institutes investigate the nature of existing 
migratory movements from Algeria, Morocco, Tunisia and Turkey, as well as their 
causes and effects upon the respective national economies. On the basis of these 
studies a stocktaking seminar was organised on 2 April 1993, which also provided the 
basis for further possible studies on the subject. In addition, mention should be made 
of the seminar organised by IOM on the same subject, on 19-22 April 1993 which 
provided important additional information. 
13. The studies mentioned in the preceding paragraph confirmed that since the mid-1970's 
famii'Y reunion has been the main source of regular migration from the countries under 
examination. Since the mid-1980's irregular migration has been quantitatively more 
important than regular migration and has affected southern European countries like 
Spain and Italy in particular. Another important finding was that the majority of those 
emigrating were relatively highly qualified people leaving their jobs behind; the 
number of unemployed emigrating was much smaller. As for the push and pull 
factors involved, it was concluded that the availability of (clandestine) jobs in the· 
Community was the more important pull factor, whereas the demographic situation in 
the countries of origin and its economic effects was considered to be the important 
push factor. 
14. According. to estimations from ILO and UNFPA, the population in the MAGHREB­
countries would almost double between 1990 and 2025. In Turkey population would 
increa-se over the same period by about 70%. Demographic developments would also 
have a severe affect on the age structure of the population. These countries share the 
following features: a young population, large labour forces and high unemployment. 
However, they each have different push factors: Morocco's include a rural exodus and 
strong disparities between the regions; while in Turkey, ethnic tensions play an 
important part. Moreover, the migratory movements which result from these factors 
are not all directed at the same countries. For example, 97% of Algerians who 
emigrate go to France, while 590/o of Tunisian migratory movements are directed 
towards Libya. 
15. The fact that the previous paragraphs concentrated on four countries in particular, 
should not be seen as implying that the situation in other North African countries 
would be any better. Egypt, for example, has to cope with similar demographic 
imbalances to Turkey, and had an unemployment rate in 1991 of 14% or 2 million. 
On top of that, Egypt has had to absorb the return of half a million Egyptians who had 
been working in Iraq and Kuwait, but had to give up their jobs during the Gulf War. 
9 
16. Summarizing these findings, it can be concluded that demographic imbalances exist 
in all countries mentioned above. So far, these imbalances have led to regular and 
clandestine migration on the basis of economic push and pull factors. It is to be 
expected, however, that if these demographic imbalances persist -and it should be 
noted that demographic developments can only be influenced in the longer term. Push 
factors are likely to increase. They can equally lead to social and economic unrest 
with political consequences for the countries concerned. That can, in turn, have 
implications for migration pressures by way of asylum applications, etc. To some 
extent, this development has already started: the number of asylum applications by 
Algerian nationals arriving into the Member States has risen from 1,730 in 1991 to 
8, 15 8 in 1992. 
4. Migratoty flows from other parts of the woild 
17. Migratory flows from other countries can be divided into two categories: firstly, flows 
related to traditional, colonial ties with certain parts of the world and secondly, 
asylum-related flows. Only recently has clandestine migration from non-neighbouring 
countries gained any significance, but so far it is still of an incidental character, since 
generally the long distances involved make it difficult to succeed in reaching Member 
States in an irregular way. 
18. Member States have traditionally experienced migration from a wide range of 
countries as an almost logical consequence of past colonial ties. In almost all of these 
cases, the admission policies applicable to citizens of the former colonies have become 
more restrictive, so that regular migration patterns have gradually become less 
important. On the other hand, there may still be certain provisions in aliens or 
nationality laws that grant preferential treatment to these citizens. Furthermore, there 
are continued possibilities for temporary stay, for example, for students, where these 
categories may be major beneficiaries, just because tradition would make these 
Member States the more logical country to stay. 
19. For the UK, the major groups of immigrants that would come under this category 
originate from India, Pakistan, the West Indies and certain African countries. For the 
Netherlands, they would originate from Indonesia and Surinam. Belgium and France 
have seen migration from their former colonies in West and Central Africa. For 
Spain, these groups stem mainly from Latin America and sometimes from the 
Philippines, and for Portugal, the main groups come from Brasil, Angola, Cape Verde 
and Mozambique. 
20. It is hard to predict how migratory pressures from these countries will develop in 
future. First of all, some Member States have only recently restricted their admission 
policies, either because their former colonies have become independent only recently, 
or because for political reasons Governments did not wish to curtail immigration from 
these countries. Secondly, in some instances, overseas tenitories still formally belong 
to a Member State, such as the French departments d'outre mer and the Dutch 
Antilles; often the introduction of restrictive admission policies to those born or living 
in these tenitories, as long as they are nationals of the Member State, is inconceivable. 
[ 
10 
21. For the rest, it will depend on the actual push and pull factors involved whether 
irregular migration from former colonies will become a significant factor in future. 
The colonial heritage may already provide a number of elements which facilitate 
migratory movements or act as pull factors: familiarity with the language, direct 
transport links and the presence of fellow nationals in the Member State concerned, 
who can provide a continuous flow of information about immigration and employment 
opportunities and who can provide practical assistance on arrival. As for the push 
factors, demographic and socio-economic factors are of great importance, together 
with the general political climate. A striking example in this respect is India, where, . 
according to UNFP A, demographic developments are disquieting~ in addition, 
economic development seems to be stagnating and ethnic/religious tensions are 
building up. All of this may create a climate, in which migration seems to be a way 
of escaping the domestic situation. But even if push and pull factors are such that 
migration pressures are expected to increase, large-scale migratory movements will not 
develop until there are practical ways of bridging the great distance between the 
country of origin and Member States. So it is relevant whether intermediaries offer the 
necessary arrangements. This can be illustrated by recent movements of Chinese 
citizens: at large cost for the migrants involved, intermediaries .have taken care of the 
necessary transportation as well as documentation, and irregular migration from China 
into the Union as well as into the USA has followed these planned for patterns. 
22. The other phenomenon which brings about long-distance migratory movements is the 
flow of asylum-seekers and refugees. Table 3 gives an idea about the nationalities 
involved in the recent past. It is extremely difficult to make any reliable predictions 
on the basis of these figures. First, the figures themselves are difficult to compare, as 
Member States have not yet harmonised their statistical methods in this respect and 
therefore the underlying assumptions differ. Second, no migratory flows are as 
unpredictable as those relating to asylum applications. In 1992 compared to 1991, 
there has generally been a certain decrease in the number of asylum requests from the 
countries listed; if general asylum figures have risen in a number of Member States, 
this ~an normally be attributed to the number of asylum requests put forward by 
former Yugoslavs (see para 9), but not to a sudden rise of other categories. What 
caused such a slowing down of the number of asylum requests lodged by citizens of 
non-neighbouring countries, has not been examined on any systematic basis. In some 
cases, the human rights situation in the country of origin may have improved~ but this 
could hardly explain why there would be an almost general trend downward. 
According to major migration ·theories, employment prospects in the host countries 
constitute the dominant pull factor, so the recession Europe has been experiencing 
since the second half of 1992 may offer some explanation. But, then again, 1993 
shows both the continuation and intensification of recessionist tendencies and yet at 
the same time, a number of Member States faced sudden and substantial increases in 
the number of asylum requests. 
11 
Table 4: Number of asylum-seekers arriving in Member States from non-neighbouring 
countries 
COUNTRY OF ORIGIN 1991 1992 
Afghanistan 9,740 7,362 
Angola 10,322 2,056 
Ethiopia 6,626 3,194 
Ghana' 9,739 9,989 
India 10,380 8,725 
Iran 12,031 6,036 
Iraq 6,816 6,032 
Nigeria 10,284 11,426 
Pakistan 10,919 8,330 
Somalia 7,896 10,449 
Sri Lanka 15,205 10,957 
Zaire 16,123 15,431 
Source: Member States 
23. The 1993 figures concerning the number of asylum requests put forward in the 
Member States actually show a rich variety of tendencies. In some Member States, the 
number has further decreased, but in other Member States the number is more than 
three times the comparable number in 1992. Table 5 lists the number of asylum 
applications in each Member State in 1991, 1992 and 1993 respectively. Lower figures 
in one Member State as against higher figures in another indicate that there is not a 
universal pattern. The significant drop in Germany, however, affects the overall picture 
and provides for a certain downward trend after 1992 for the Union as a whole. 
12 
Table 5: Number of asylum-seekers in each Member State 
MEMBER STATE 1991 1992 1993 
BELGIUM 15,354 17,647 22,039 
GERMANY 256,112 438,191 322,599 
DENMARK 4,609 13,884 6,121 
SPAIN 8,138 11,708 5,778 
FRANCE 47,380 27,000 
GREECE 5,944 4,000 827 
IRELAND 31 250 65 
,-
ITALY 28,000 2,500 1,075 
LUXE:MBOURG 238 2,000 381 
NETHERLANDS 21,615 20,346 35,399 
PORTUGAL 163 200 2,091 
UNITED 57,700 32,000 22,350 
KINGDOM 
"TOTAL" 447,275 571,718 420,718 
Source: 1991 and 1992- NIDI-report "Asylum-seekers and Refugees -Statistics and 
Backgrounds in the Twelve EC-countries; 
1993 - Member States 
Figures for 1991 and 1992 exclude dependent children in case of Belgium, France, 
Italy and Portugal. Similarly, figures for Denmark exclude applications outside 
Denmark and rejected applications at the border. Figures for Portugal exclude 
manifestly unfounded asylum applications. 
24. Finally, tables 6A and 6B show the Member States' share in receiving asylum-seekers 
coming from the main non-neighbouring countries of origin. Tables 7 A, 7B and 7C 
provide the absolute numbers concerning the major groups of asylum-seekers. These 
tables demonstrate that in absolute terms there is no equal distribution among Member 
States and that this distribution varies considerably with each nationality examined. 
Traditional relationships between a Member State and a country of origin seem to play 
a certain role in directing the flows, but their effect is not crucial: one can see, for 
example, a higher than average proportion of asylum-seekers in the UK coming from 
India and Pakistan, but Gennany is still the more popular country with these asylum­
seekers. In general, Gennany is the most popular host country for two reasons: firstly 
its relatively liberal asylum policy (though the tightening of the national legislation has 
caused a drop in the number of asyium-seekers); and secondly its economic prosperity. 
13 
Tables 6A and 6B: Percentage of asylum-seekers from certain countries of origin in each 
Member State for 1992 
·Member Afghan- Angola Ethiopia Ghana India Iran 
State istan 
B 0.23 0.72 0.75 9.35 12.53 1.90 
D 86.27 94.01 49.80 70.00 66.45 63.51 
DK 8.41 0.07 6.47 0.22 0.45 4.46 
ES 0.16 0.31 0.62 
F 3.35 0.50 2.21 2.73 1.42 
GR 0.16 0.02 0.13 
IRL 0.02 
I 0.15 0.02 11.26 0.03 0.06 0.27 
LUX 0.02 0.05 
NL 4.78 1.80 9.32 1.40 1.08 21.50 
p 0.10 0.07 0.03 
UK 21.43 16.06 16.62 6.71 
total 100.00 99.99 100.00 99.99 100.01 100.00 
14 
Member Iraq Nigeria Pakistan Somalia Sri Lanka Zaire 
State 
B 1.66 4.99 8.58 1.02 1.31 24.21 
D 22.81 91.77 62.61 26.33 48.40 53.63 
DK 23.67 0.46 0.55 13.00 4.14 0.32 
ES 6.29 0.25 0.90 1.70 
F 1.44 0.39 5.29 0.38 17.37 9.32 
GR 21.10 0.06 0.01 0.02 
IRL 0.02 0.01 
I 0.46 0.20 3.56 0.27 0.15 
LUX 0.09 0.07 0.02 0.03 0.12 
NL 11.83 2.04 1.30 40.64 9.44 3.08 
p 0.04 0.07 0.02 1.78 
UK 10.68 20.41 15.03 19.03 5.68 
total 100.05 100.01 99.99 100.01 100.00 99.99 
Source: Member States 
15 
Tables 7A. 7B and 7C: Asylum applications from maior countries of origin 
ALBANIA BULGARIA INDIA 
1991 1992 1991 1992 1991 1992 
BELGIUM 203 93 407 503 1,291 1,093 
GERMANY 4,227 5,957 12,056 31,540 5.523 5.798 
DENMARK 26 10 41 19 36 39 
SPAIN 27 - 522 426 1 -
FRANCE 247 37 569 41 1,128 238 
GREECE 494 3 3 - 29 2 
IRELAND . 1 
ITALY 18,723 161 629 297 2 5 
LUXEM- 5 3 1 - - -
BOURG 
NEIHER- 215 138 440 197 318 94 
LANDS 
PORTUGAL I 7 6 
UNITED 370 180 2.045 1.450 
KINGDOM 
EU 26,158 8,394 17,030 35,196 12.371 10.717 
Source: Member States 
16 
IRAN NIGERIA PAKISTAN 
1991 1992 1991 1992 1991 1992 
BUGIUM 165 115 743 570 913 715 
GERMANY 8,643 3,834 8,355 10,486 4,364 5,215 
DENMARK 463 269 35 52 68 46 
SPAIN 47 - 287 28 55 75 
FRANCE 305 86 211 44 1 892 441 
GREECE 115 8 3 0 185 5 
IRELAND - 1 ---
ITALY 26 16 2 - 23 17 
LUXEM- 6 3 1 8 2 2 
BOURG 
NElliER- 1,726 1,298 640 233 218 108 
LANDS 
PORTUGAL - 1 4 5 4 6 
UNITED 535 405 3,195 1,700 
KINGDOM 
EU 14,022 8,028 12.272 13.418 12.910 10.322 
Source: Member States 
17 
Romania Sri Lanka Za1rc 
1991 1992 1991 1992 1991 1992 
BELGIUM 2,418 3,463 29 144 1,960 3,749 
GERMANY 40,504 103,787 5,628 5,303 2,134 8,305 
DENMARK 135 98 340 454 18 50 
SPAIN 718 868 24 164 264 
·FRANCE 2,486 710 3,400 1,903 4.402 1,443 
GREECE 35 0 78 2 1 
IRELAND 12 
ITALY 2,164 942 138 30 36 23 
LUXEM- 45 15 16 19 
BOURG 
NETHER- 1,662 960 1,821 1,034 297 477 
LANDS 
PORTIJGAL 53 160 3 2 85 221 
UNITED 552 305 3,750 2,085 7,010 880 
KINGDOM 
EU 52,763 113,312 17.202 12.949 18.114 17.423 
Source: Mernber States 
25. To sum up, apart from traditional colonial ties, other factors affecting migratory flows 
are: the presence of compatriots in a Member State, the general reputation of a country 
as being prosperous or as having a relatively liberal asylum and/or immigration policy, 
the availability of intermediaries to take care of transport and documents. The latter 
factor might explain certain flows that may seem arbitrary at first sight: intermediaries 
generally offer their services for a particular route that may involve only one or very 
few Member States. 
18 
4. Third countty nationals legally residing in the Member States 
26. Apart from the figures on migratory movements, as discussed in the previous 
paragraphs, figures O!l the number of third country nationals resident in the Member 
States deserve separate attention. The number of third country nationals legally 
residing in a Member State may also tell something about the capacity of that country 
for further immigration. These figures are also highly important for a proper 
definition of integration policies. 
27. Tables 8 and 9 provide the necessary figures. Tables 8A, 8B and 8C list absolute 
numbers of the major third country populations. It shows those nationalities 
representing a total population within the Community of more than 100.000 persons 
on 1 January 1992. Table 8D contains total figures relating to third country nationals 
legally resident in the Community on 1 January 1991 divided up by continent. It 
should be noted that the figures for France in these tables refer to the I990 census 
data. 
Table 8A: Population by citizenship on I Januazy I992/Citizens of.Eur~pean Countries 
AUSTRIA POLAND ROMANIA TIJRKEY "YUGO-
SLAVIA" 
BELGIUM 1,073 4,821 88.365 6.459 
DENMARK 588 4,868 920 32.018 10.719 
GERMANY 188,885 271,198 92,135 1.779,586 775.082 
GREECE 2,149 11,393 4,620 2,303 3,052 
SPAIN 1,458 3,122 179* 584* 
FRANCE 3,280 47,127 5,114 197,712 52,453 
IRELAND 300* 100* 
ITALY 4,878 9,073 5,155 2,767 20.735 
LUXEMBOURG 420 218 3,110 
NE'IHERLANDS· 2,896 4,636 1,954 214,830 15,148 
PORTIJGAL 274* 107* 28 35* 80* 
UNTIED KINGDOM 4,800 29,400 29,400 9,000 
EU 211.001 385,845 110,105 2,347,234 8%.422 
. Source: EUROST AT (Figures marked with an asterisk relate to I January I99I) 
6z 
19 
Table 8B: Population by citizenship on 1 January 1992/Citizens of Mrican countries 
ALGERIA MOROCCO TUNISIA 
BELGIUM 10,971 145,800 6,385 
DENMARK 347 3,170 342 
GERMANY 9,073 75,145 27,205 
GREECE 269 387 408 
SPAIN 2,263 49,513 355* 
FRANCE 614,207 572,652 206,336 
IRELAND 
ITALY 2,592 81,695 30,374 
LUXEMBOURG 
NETHERLANDS 809 163,697 2,576 
PORTUGAL 33* 71* 17* 
UNITED 2,000* 9,500 1,600 
KINGDOM 
EU 642,564.00 1,101,630.00 275,598.00 
Source: EUROSTAT (Figures marked with an asterisk relate to 1 January 1991) 
20 
Table 8C: Population by citizenship on 1 January 1992/Citizens of America and Asia 
USA INDIA 
.BELGIUM 11,697 3,024 
DENMARK 4,358 932 
GERMANY 99,712 32,769 
GREECE 19,699 2,121 
SPAIN 13,184 5,352 
FRANCE 24,236 4,579 
IRELAND 9,274 
ITALY 19,610 6,625 
LUXE:MBOURG 1,385 
NETHERLANDS 12,093 3,293 
PORTUGAL 7,210 600* 
UNITED 117,300 151,500 
KINGDOM 
EU 339,758 210,795 
Source: EUROST AT (Figures marked with an asterisk relate to 1 January 1991) 
21 
Table 8D: Population by citizenship on January 1991/total figures for 
Europe/ Africa! America! Asia 
EUROPE AFRICA AMERICA ASIA 
(non-EU) 
BELGIUM 107,227 181,284 19,348 22,205 
DENMARK 71,271 7,063 7,920 38,247 
GERMANY 3,016,091 197,974 144,633 513,420 
GREECE 40,213 19,117 28,647 36,130 
SPAIN 33,336 39,875 98,438 36,130 
FRANCE 349,594 1 ,633,142 72,758 226,956 
IRELAND 1,800 7,600 
ITALY 118,024 238,565 128,362 140,279 
LUXEMBOlJRG 5,132 1,724 1,836 1,612 
NETHERLANDS 234,210 186,225 42,153 52,956 
PORTUGAL 2,646 45,255 26,369 4,154 
UNITED 149,000 148,000 221,000 453,000 
KINGDOM 
EU 4,128,544 2,698,224 799,064 1,525,089 
Source: EUROSTAT 
28. Table 9 shows the percentage of third country nationals legally resident in the Member 
States. It reflects an increase in certain countries (especially Germany), but also 
shows a drop in others (France, Greece) between 1986 and 1992. This is not to say 
there· has been a net emigration from France and Greece: part of the decrease should 
also be attributed to the fact that third country nationals have obtained French or 
Greek nationality. Furthermore, the figures do not inclu~ any numbers for third 
country nationals residing illegally in the Member States. Although such figures 
would also be of interest to the development of integration .policies -especially since 
the presence of illegal migrants may affect negatively the position of legally resident 
third country nationals -there are hardly any reliable figures available. 
Table 9: 
MEMBER 
STATE 
BELGIUM 
DENMARK 
FRANCE 
GERMANY 
GREECE 
IRELAND 
ITALY 
LUXEM-
BOURG 
NElHER-
LANDS 
POR11JGAL 
SPAIN 
UNITED 
KINGDOM 22 
Total population and third country nationals legally resident in Member States 
(* 1 000) 
1986 1992 
TOTAL NON-EU o/o TOTAL NON-EU o/o 
POP. NAT. POP. NAT. 
9,858.9 308.4 3.13 10.022.0 367.9 3.67 
5,116.3 91.1 1.78 5,162.1 141.1 2.73 
53,173.9 2,285.7 4.30 56.163.2 2,357.7 4.14 
61,020.5 3,022.3 4.95 64,484.8 4.395.0 6.82 
9,949.1 185.3 1.86 10,120.0 174.9 1.73 
3,541.3 17.9 0.51 3,524.0 --
57,202.4 -- 56.757.0 425.9 0.75 
367.2 - - 389.8 13.9 3.56 
14,529.4 391.0 2.69 15,129.2 557.4 3.68 
10,185.0 59.0 0.58 9,846.0 83.9. 0.85 
38,542.1 121.9 0.32 39,055.9 202.4 0.52 
55,913.6 1,052.1 1.88 56,960.3 1 207.2 2J2 
Source: EUROST AT 
29. Despite these deficiencies, table 9 indicates that there are wide discrepancies between 
Member States as for the percentage of third country nationals who are legally 
resident. Whereas Germany has a percentage of 6.82, third country nationals in Italy 
account for 0.75% of its total population. In order to develop to develop efficient 
integration policies, other data would have to be added. It is, for example, highly 
important whether third country nationals are evenly spread throughout the country or 
tend to concentrate in certain cities or regions. Integration policies will also have to 
take into account social data, such as the level of unemployment and the level of 
educational development. In fact, immigrant populations often group together in big 
cities, so that for example ethnic minorities form 25.7% of the population of Inner 
London, although according to table 8, third countty nationals make up only 2.12% 
of the UK popuJation. On these more specific data, the 1992 RIMET-report contains 
useful information2. 
2 Commission of the European Communities -DG Employment, Industrial Relations 
and Social Affairs. General Report by the Information Network from Non-Member 
States: Immigration -the situation in the EC Member States in 1992. 
- 1 -
ANNEX 11: IMPLEMENT AT ION OF THE 1991 WORK PROGRAMME ON ASYLtAt AND IM­
MIGRATION POLICIES 
1. Since the submission of the 1991 Communications, Ministers respon­
sible for Immigration Intensified their work on the harmonisation 
of Immigration and asylum pol tctes. One of their first achievements 
on this was the submission to and subsequent adoption by the Euro­
pean council In Maastrlcht, In 1991, of a work programme for the 
harmonisation of Immigration and asylum pol lcies to be carried out 
before the end of 1993. Immigration Ministers also agreed In 1991 
on an even more detailed work programme for the harmonisation of 
asylum policies. This work programme laid down In great detal I the 
questions to be tackled. 
2. The following paragraphs provide a survey of what has been accom­
plished since the adoption of the work programme. 
1 . Asy I urn DO I I c I es 
3. The state of play on the various elements of the 1991 work 
programme on asylum polIcy Is as follows: 
a. oublln Convention 
oreoaratory measures relating to the aool lcatlon and ImPlementation 
of the Dub 11 n Convent Ion. Agreement has been reached on most of 
th'ese measures concernIng, Inter a I I a, means of proof, I i a i son 
officers and a graphical representation of the criteria of the 
Convention. A remaining point is the possible setting up of a 
system for the comparison of fingerprints to combat asylum 
appl lcatlons under false or multiple Identities CEURODAC). The 
feaslbl I lty study for such a system has yet to be undertaken. 
b. harmonIsatIon of substantIve asylum I aw. 
the formulation of unambiguous conditions for determining which ap­
Plications for asylum are clearly unJustified. In November 1992 Im­
migration Ministers adopted a resolution on manifestly unfounded 
asylum aoollcatlons. The resolution provides the conditions asked 
for by the work programme, but lt does not require the Introduction 
of specific accelerated procedures for this kind of application. 
However, the resolution does cal I for a speedy examination of mani­
festly unfounded asylum requests, I.e. the first decision to be 
taken within one month. 
the definition and harmonised aoollcatlon of the orlnclole of first 
host country. To this end, at their meeting on 30 November 1992, 
Immigration Mlnlster.s adopted a resolution establishing the basic 
principles underlying the concept of first host countries. The res­
olution Is actually broader In scope than the corresponding Item tn 
the work progranne, as lt also Includes the principle of third host 
countries, I.e. countries which an asylum applicant has not neces­
sarily passed through, but which were nevertheless the more logical 
countries to examine the asylum application, for example, If they 
Issued a visa to the asylum seeker. On the other hand, the resolu­
tion does not provide for full harmonisation, as any Member State 
retains the right, for humanitarian reasons, not to remove the asy­
lum applicant to a host third country. Finally, it should be noted 
that the resolution calls for a review of the operation of these 
- 2 -
procedures, in co-operation with the Commission and in consultation 
with UNHCR, as wel I as for the consideration of any additional nec­
essary measures. 
the guest ion of countries where there is generally no risk of oer­
secutlon. Although Immigration Ministers did not draw up a I ist of 
such countries, they did agree on a number of basic criteria. The 
conclusions were adopted at Immigration Ministers' meeting in No-· 
vember 1992. They also decided to exchange information on this sub­
ject on a regular basis. 
convnon assessment of the situation In countries of origin with a 
view to both admission and expulsion. This work Is carried out by 
.the Center for Information, Reflection and Exchange on Asylum set 
up by Immigration Ministers at their meeting In Lisbon in 19921. 
Although CIREA Is responsible for the examination of ·country re­
ports, these are prepared within the framework of PESC. Although 
the number of country reports prepared this way is still limited, 
this procedure wl 11 probably be Invoked on a more or less continu­
ous basis. 
the harmonised aopl lcation of the definition of a refugee as given 
In article 1A of the Geneva Convention. Immigration Ministers have 
since 1991 at their disposal a survey of the most striking similar­
itles and differences in the substantive asylum law of the Member 
States. The first Council of Justice and Home Affairs has now iden­
tified it as a matter of priority. 
c. harmonisation of exPulsion Policy 
At their meeting In Copenhagen, in June 1993, Immigration Ministers 
adopted a Reconvnenda t ion concerning checks on and expu 1 s 1 on of 
third-country nationals residing or working without authorization. 
The recommendation does provide at least In part for the determina­
tion of various aspects of an expulsion policy, as asked for by the 
work programme, although it goes beyond the cases of rejected asy­
lum seekers. Moreover, at their meeting in London, Immigration Min-
Isters also adopted a Recommendation on transit for the purposes of 
expulsion. This recommendation sees to it that the expulsion via 
the territory of another Member State can take place without exces­
sive formalities. An addendum to this Recommendation further en­
hanGing flexibi I ity In this respect was adopted by Immigration Min­
Isters at thet'r meeting in Copenhagen, In June 1993. Here again, 
the recommendation addresses expulsion policies generally, i.e. Ir­
respective of whether the au,horltles deal with rejected asylum­
seekers or others. 
d. the setting UP of a clearing house 
The establishment of CIREA should be seen as serving the Implemen­
tation of this part of the work programme. CIREA has only been In 
operation since mld-1992, but the necessary exchange of information 
Is gradually starting to take place. The co-operation between CIREA 
and COR of UNHCR may soon lead to the computerized exchange of In­
formation on legislation as well as on country reports. Further­
more, the Counci I SecretarIat has Improved the systems governing 
the collection of statistical data, although def initional problems 
remain. The examination of case law has not yet started, but the 
mandate of C I REA wou Id a I I ow· for such a process. 
1 See below. 
- 3 -
e~ guaranteeing harmonised appl tcatton of asylum polIcy 
This was addressed more explicitly in the Commission's Communica­
tion on the right of asylum. In that Communication lt was concluded 
that studies should begin on the role, structure and operation of 
possible common Judicial machinery. This would aim to reduce dis­
parities between Member States in the interpretation of the law on 
asylum and, at the same time, as an Indirect effect, harmonize ad­
ministrative practices. lt should be noted that no such examination 
or studies have been started yet. 
f. conditions for receiving apol icants fo~_as~lum 
In order to give effect to this part of the work programme, the Ad 
Hoc Group on Immigration approved a Questionnaire, the answers to 
which are at present being analysed. No proposals have yet been put 
forward to approximate reception conditions. 
4. The 1991 Communication of the Commission contains also a few other 
areas of suggested further co-oper at ion. One of these areas con­
cerns the harmonisation of rules and practices regarding de facto 
refugees. Immigration Ministers have not adopted specific proposals 
In this area. However, at their meeting in Copenhagen in June 1993, 
they did adopt a resolution on the protection to be offered to par­
ticularly vulnerable groups from the former Yugoslavia. As many of 
t~e people belonging to these groups would come under the above­
ment loned defInItIon of "de facto refugees", one might ma 1 nta 1 n 
that the temporary protection called for with respect to these 
groups of former Yugoslavs represents a particular example of deal­
Ing with a sudden mass Influx situation of persons In need of In­
ternational protection. The resolution does not attempt, however, 
to harmonize the kind of temporary protection- which national laws 
and legislation provide. 
2. admission col icies 
5. The 1991 work programme also contained a wide range of Issues on 
the harmonisation of general admission pol lcies. Much, however, re­
mains to be done on this. 
harmonisation of Policies on admission for Purooses such as family 
reunion and formation and admission of students. Immigration Minis­
ters adopted a resolution on the admission for family reunion at 
their meeting In Copenhagen In June 1993. This resolution does not, 
however. provide for full harmonisation. however. Firstly, the res­
olution does not Include any criteria for admission for faml ly for­
mation. Secondly, the it deals only with the admission of spouses 
and children and leaves it up to Member States to define policies 
on the admission of other family members. Thirdly, not all of the 
criteria concerning the admission for family reunion have been har­
monized; sometimes the resolution contains only Indications, as Is, 
for example. the case for the maximum age limit for the admission 
of children. As for the admission of students, Immigration Minis­
ters have approved a questionnaire on current national legislation. 
A compilation of the answers to this Questionnaire has been made 
and may constitute the basis for harmonisation proposals. 
-4 -
harmonisation of policies on admission for other PUrPoses such as 
humanitarian aims and work as an emPloYed or self-employed Person. 
The Belgian Presidency has been the first to attempt to tackle this 
subject by organizing a seminar on it. Work on the harmonisation of 
admission policies for employment started in 1992, when the UK 
Presidency submitted a first proposal for a resolution on this sub­
ject. However, no agreement could be reached on the text of this 
proposed resolution. Work on the harmonisation of admission pol 1-
cles for the self-employed has started on the basis of a proposal 
from the Belgian Presidency, but here too much remains to be done 
In order to agree on a text. 
harmonisation of legal Provisions governing Persons authorized to 
reside. No progress has yet been made on this. 
3 . I I I ega I I mm I g rat ion 
6. Sect Ion B of the work programme on mlgrat Ion policy addresses a 
Question that has also been dealt with extensively in the 1991 Com­
munlcat Ion on lmmlgrat ion, I.e. the development of a common ap­
Proach to the auest Ion of I I legal lmmlgrat Ion. Some progress has 
been made In this field, although there are stl 11 a number of as­
pects to be discussed. 
co-oPeration on border controls within the framework of the Conven­
tion on the crossing of external frontiers. A revised draft Conven­
tion on the crossing of external frontiers was recently tabled by 
the Commission to take account of the coming into force of the TEU. 
Informal exchanges of Information also take place, however, within 
the framework of the Centre for lnformat Ion, Reflect Ion and Ex­
change on Immigration establ lshed by Immigration Ulnlsters at their 
meet 1 ng In London, In November 1992. Its terms of reference are 
similar to those of CIREA, but CIREFI deals with non-asylum issues. 
Exchange of Information takes place on traffickers, carriers and on 
travel routes used for irregular migration. 
har't'Onlsatton of conditions for combating unlawful immigration and 
Illegal employment and checks for that Purpose both within the ter­
ritory and at borders. As mentioned above, in June 1993 Immigration 
Ministers adopted a Recommend~tton concerning checks on and expul­
sion of third-country nationals residing or working without autho­
rlzat_lon. The recommendation can be seen as a first step towards 
the harmonisation as envisaged In the work programme. The area Is 
extremely wide, however, and the recommendation provides only for 
the first Indications In this respect. Reference should also be 
made to the previously mentioned Recommendation regarding transit 
for the purposes of expulsion. 
harmonisation of Prlncloles on exPulsion. Including the rights to 
be guaranteed to excelled oersons. Although some attempts were made 
under the Portuguese Presidency to define rights of people to be 
expelled, this ~ppeared to be a difficult exercise, as it Involves 
re-writing texts of International hum~n rights Instruments. This 
specific point of the work programme has not yet -been completed. 
Jf 
- 5 -
definition of guiding crincicles on the auestlon of col Icy regard­
Ing third-country nationals residing unlawfully In Member States. 
Although at first sight this Item may seem to overlap with the pre­
viously mentioned Items of this section. the Introduction to the 
work programme makes clear that behind this phrase lies the desire 
to adopt a common posit ion on regularisation pol icles. Although 
this aspect has not been dealt with in any explicit way, the Recom­
mendation on expulsion departs from the general principle that un-
lawfully resident third-country nationals should be expel led. Only 
1 n 1 nd 1 v 1 dua 1 cases cou Id admIssion for humanitarIan reasons be 
considered. 
co-oceratlon ·with countries of decarture and transit In combating 
unlawful Immigration. In garticular as regards re-admission. The 
first Council of Justice and Home Affairs adopted a set of princi­
ples which would be used for possible re-admission agreements with 
third countries. The same Council also adopted a number of conclu­
sions on the deslrabl lity of linking, whenever practical, external 
agreements of the Union with third countries to readmission agree­
ments or practices. 
4. migration of labour 
7. Another section of the 1991 work programme concerns the development 
of a policy on the migration of labour. This section partly in­
volves COmmunity law and Ministers of Labour also therefore take a 
natural interest in the matter. 
harmonisation of national POlicies on admission to employment for 
third-country nationals taking account of cossible labour reaulre­
ments In Member States over the year.s to come. As referred to 
a~ove, a resolution on this matter is being negotiated. This reso­
lution would not, however, cover the entire field of admission for 
employment reasons. In particular. it would not include admission 
of temporary, seasonal and frontier workers. 
Increased mobl I ltv of Community nationals. In Particular by Improv­
Ing the functioning of the SEDOC system. The Commission has set up 
a new. computerised system, EURES. wh i eh has a I ready produced 
substantial results. 
5. situation of third country nationals 
8. Th la aect Ion of the 1991 work programme contaIns one 1 tem on 1 y, 
I.e. the examination. within the accrocrlate fora. of the Possibil­
Ity of granting third-countrY nationals who are long-term residents 
In a Member State certain rights or Possibilities held by Member 
State nationals. for examPle concerning accesscto the labour mar­
ket. once nationals of the twelye Member States enloy the same con­
dItIons of freedom of movement and access to th«i 1 abour market. No 
study has yet been undertaken but the first Council of Justice and 
Home Affairs Indicated that work In this field should be started in 
1994. . 
- 6 -
9. Apart from the specific points relating to migration and asylum 
policies, the work programme also mentions a number of more general 
points of Interest. The points mentioned are: 
analysis of the causes of immigration pressure; 
removal of the causes of migratory movements by an adjusted 
policy In the field of development aid, trade policy, human 
rights, food, environment and demographics; 
et rengthen 1 ng of auppor t for accommodating refugees In theIr 
countries of origin; 
Incorporation of the migration aspect Into economic, financial 
and social co-operation. 
These particular areas have been defined In more detal I In the 1991 
Convnunlcat Ion on lmmlgrat Ion. In this Convnunicat ion it was argued 
that such Issues should be Incorporated Into the external relations 
of the Union. WithIn the framework of the i ntergovernmenta 1 co­
operation no specific actions have taken place on the Issues men­
tioned under this Item of the work programme. 
i{ 
- 1 -
ANNEX Ill: RECENT DEVELOPMENTS WITHIN TH~ UNION 
1. Since 1991 the major developments concerning the harmonization of 
Immigration and asylum pol lcles have taken within the framework of 
Intergovernmental cooperation by Immigration Ministers and subse­
quently within the framework of Title VI of the TEU. These develop­
ments were described In Annex 11. The following paragraphs high-
light other developments within the Union that are relevant to Im­
migration and asylum policies In a broad sense. 
1. peclaratlon on Prlnclcles governing External Asoects of Migration 
PolIcy: cont~nts and fol low-uc 
2. On December 12, 1992, the European Counc I I meeting In Edinburgh 
adopted a number of conclusions, constituting the principles gov­
erning external aspects of migration policy. These principles 
largely set the framework for the broader migration policy called 
for In both the 1991 work programme on migration policies and the 
1991 Communication on Immigration. 
3. The Declaration mentions the following factors as being Important 
for the reduction of migratory movements into the Member States: 
-the preservation of peace and the termination of armed conflicts; 
-ful I respect for human rights; 
-the creation of democratic societies and adequate soc-Ial condi-
tions; -a liberal trade polIcy, which should improve economic conditions 
In the countries of emigration; 
-co-ordination of action In the fields of foreign polIcy, economic 
co-operation and Immigration and asylum policy by the Community 
and Its Member States. 
4. The Declaration Is of major political Importance as lt constitutes 
the recognition at the highest level of the need to develop a com­
prehensive approach on Immigration and asylum and to use the exter­
nal relations of the Union to this effect. 
2. DemograPhic Policies 
5. In November 1992 the Commission submitted to the Councl I and to the 
European Parliament a Communication on Demography, Family Planning 
an~ co-operation with Developing COUntries. On the basis of this 
Communication, the Development Council and Representatives of Gov­
ernments of Member States adopted a Resolution on 18 November 1992. 
In this Resolution the Council recalled its previous Resolution of 
11 November 1986 on Population and Development, ~In which the Commu­
nity expressed Its re~dlness to assist developing countries in this 
field. In Its 1992 Aesolut ion, the Council •mpr\lslzed that rapid 
demographic changes affecting developing countries had profound Im­
plications for future progress towards the Improvement of living 
standards across the developing wor Id. The Counci 1 further noted 
that the relationships between demographic trends and factors and 
environmental change should be subject to continuous analysis. 
- 2 -
6. The Resolution went on to Indicate areas of assistance that may 
contribute towards more balanced demographic developments. lt men­
tions In particular: policies which promote the health of women and 
children, which seek to Improve the status of women In their soci­
eties, which promote 1 lteracy and which seek to Improve the qual lty 
of the social services available to communities. In addition, the 
Resolution calls the provision of family planning services one In­
dispensable way In which the range of social services available to 
people in developing countries can be enhanced. At the same time, 
the Counc 1 1 emphasIzes that assistance shou Id not be gIven to 
programmes which are In any way coercive, discriminatory or preju­
dicial to fundamental human rights. 
7. on familY planning, the Council points to the continued and press­
Ing need to respond to the large unmet demands for such services In 
developing countries. lt Is estimated that 300 million women and 
men wor ldwlde would like, but do not have access to, the means 
freely to plan the number and spacing of their children. Programmes 
to Improve family planning services should, however, whenever ap­
propriate, be combined with other family health measures, offer 
women and men al I suitable methods and means of contraception, in­
form them about their respective advantages and risks and include 
education on health and relationships. The Community and Its Member 
States agreed to consider what further means they could make avai 1-
able, Including real location of existing resources, In order to In­
crease further their efforts to assist developing countries to 
strengthen family planning-services. 
8. After the adoption of the Resolution, two expert-meetings took 
pI ace to consIder ope rat iona I fo I low-up. These experts defined a 
number of specific themes to consider and engaged ·in country­
oriented studies. lt Is to be expected that on the basis of this 
add it Iona I information, the experts wi 11 eventually propose a more 
specific action programme. 
9. The demographic preoccupations have also been taken Into account bY. 
the CommunIty In Its proposa Is concernIng the mId-term~ I ew of 
Lome IV. 
3. Furtherance of freedom of movement between the Union and other Eu­
rooean States 
10. Most of the measures mentioned In previous paragraphs were aimed at 
reducing migration pressures. The following paragraphs will high­
light a different set of measures taken by the Community and Its 
Member States, aimed at furthering free movement within Europe, 
hence looking upon migration as a positive rather than a negative 
phenomenon. 
11. In this respect, mention should be made first of all of the signing 
on 2 May 1992 of the EEA Agreement between the COmmunity and Its 
Member States on the one hand and the EFTA countries on the other 
hand. On the basis of article 28 of this Agreement and the juris­
prudence of the Court of Justice relating to the corresponding ar­
ticle 48 of the EEC Treaty, citizens of the participating States 
acquire the right to move Jreely on the territories of these States 
In order to apply for work as well as the right to stay In order to 
do the work found. Equally, the EEA Treaty copied articles 59 and 
- 3 -
60 of the EEC Treaty on the freedom of services. These freedoms 
will also create some freedom of movement, especially considering 
the Interpretation given to these respective articles by the Court 
of Justice. These provisions will also affect border controls for 
citizens from the participating States: checks wl I I have to be con­
fined to verification of the identity of the person concerned and 
to the existence of possible risks for public order, public secu­
rity or publ le health, as defined within the framework of directive 
64/221. 
12. secondly, the Europe Agreements with a number of Central and East­
ern European countries also provide the framework for granting free 
movement to certain categories of people. This is especially true 
for the establ lshment of freedom of movement of services. 
4. Activities of the Eurooean Pari lament 
13. Since 1991 the European Parliament has also undertaken a number of 
studies on migration and asylum pol lcies and adopted several reso­
lutions. In October 1992, MEP Mrs. van den Brink submitted to Par­
liament a report of the Committee on Civil Liberties and Internal 
Affairs on the European Immigration Policy. In November 1992, MEP 
Ur. Cooney submitted a report from the same Committee on the harmo­
n l zat Ion wIth 1 n the European Commun l ties of Asy I urn Law and Po I 1-
cles. On the basis of these two reports, the Pari lament adopted at 
lt·s plenary session on 18 November 1992 two resolutions, A3-0280/92 
and A3-0337/92. 
14. These resolutions taken together present their own action 
programmes on migration and asylum policies. Their general thrust 
Is to adopt as generous an approach as possi~le towards those In 
need of International protection and to strengthen the legal status 
of those who have been legally residing In the Community for some 
time. This lmpl ies, Inter alia, the creation of generous opportuni­
ties for family teunification. On the other hand~ the resolutions 
cal I for a stiff polIcy against irregular migration. 
15. lt would go beyond the scope of this Communication to quote al 1 the 
various measures proposed In these resolutions; the following list 
therefore represents a selection of the more Important proposals: 
-the setting up of a European monitoring centre to supervise mi-
gratory movements; . 
-the conclusion of agreements between the Community Member States 
and the Immigrants' countries of origin on estimated labour de­
mand and supply; 
-the Introduction of Community regulations to control Illegal em­
ployment and severe penalties for employers employing I I legal Im­
migrants; 
-the setting up of campaigns to Inform people in Immigrants' coun­
tries of origin about the risks and problems associated with Il­
legal Immigration; 
-the conclusion of readmission agreements with the main countries 
of origin; 
-co-ordination between migration policy, policy on International 
development aid, trade polIcy and economic and social co­
operation with third countries on the part of the Community and 
Its Member States; 
, r 
-.. -
-the drawing up of proposals for extending the freedom of move­
ment, freedom of establishment and access to the labour market 
enJoyed by EC citizens to al I citizens of third countries legally 
resident In the EC; 
-the creation of a European Fund for Refugees; 
-the drawing up of a statute for those who flee from war or disas-
ters on groun~s of poverty or hunger, and are not covered by the 
Geneva Convention or the New York Protocol; -the adoption of a policy for the provision of protection to de 
facto refugees; 
-the establishment of ~rrangements for Member States to come to 
the assistance of one Member State which Is receiving a large 
number of refugees; 
-the setting up on an ad hoc basis of a group of experts from each 
of the Member States together with a representative of the Com­
mission and the UNHCR to advise on cases which are novel and the 
compl latlon of a Book of Precedents of such cases; 
-the establishment of a European Committee on Asylum and Refugees 
with the task of providing prel imlnary rulings on quest Ions of 
country of origin; -the transfer of the ultimate power of decision on the Interpreta­
tion of asylum law provisions In the Community Member States and 
the Interpretation of the various conventions (the Convention on 
Human Rights and the Geneva Convention on Refugees) to an Inter­
national Court. 
16. The European Pari lament has been extremely concerned with the 
Intergovernmental character of the co-operation by Member States on 
migration and asylum policies in the past. lt would have preferred 
that these policies .be dealt with through communautarian proce­
dures. This became evident not only from the resolutions mentioned 
above and the underlying reports, but also from the report by MEP 
Robles Piquer that was submitted to Parliament on 12 May 1993. In 
the resolution which Parliament adopted on the basis of this re­
port, a strong plea Is made in favour of the communautar ian ap­
proach. Nevertheless, the debate on the report that took place on 
13 July 1993 showed that a large number of UEPs do accept that un­
der the· Treaty on European Union, the co-operation within the Com­
munity on migration and asylum policies wi I I take place on the ba­
sis· of the special arrangements as laid down in Title VI of the 
Treaty. The views expressed by these MEPs show their desire to use 
these arrangements to the ful I, as they cal I for: 
full use of the Commission's newly acquired shared right of Ini­
tiative; 
-Introduction of the necessary provisions establishing the compe­
tence of the Court of Justice with respect to the Conventions to 
be adopted by Ministers of Justice and Internal Affairs; 
-use of the opportunity rendered by article K9 to transfer migra­
tion and asylum policies to the domain of article 100C of the 
Treaty. 
In addition, the Parliament hopes for the Introduction of new, 
communautarlan procedures during the new Intergovernmental Confer­
ence that shoul~ take place In 1996. 
- 1 -
ANNEX IV: RECENT DEVELOPMENTS IN INTERNATIONAL FORA 
1. Follow-up to the Conference In Vienna on East-West Migration 
1. In 1991, Austria took the initiative to convene a Conference of 
Ministers on the Movement of Persons from Central and Eastern Euro­
pean countries. such a COnference was held in Vienna on 24 and 25 
January 1991. Altogether, 32 European States as wel I as Australia, 
Canada and the United States participated In this Conference, which 
dealt with a large variety of sabjects concerning East -West migra­
tion. The COnference was assisted from the very beginning by the 
Council of Europe and Its follow-up has taken place under the aus­
pices of this organization. The COnference had been Initiated out 
of growing concerns about possible massive migratory movements from 
Central and Eastern Europe towards the other European countries. 
2. The final communique adopted by the Conference reaffirms the Impor­
tance of existing International human rights Instruments and cal Is 
upon all participating States to become party to the Geneva Conven­
t Ion and the New York Protoco I, If they have not a I ready done so. 
As a general principle, the communique laid down the need to de­
velop closer co-operation between participating States on the basis 
of solldar I ty. 
3. Despite the fact that the feared massive migratory flows from Cen­
tr~l and Eastern Europe did not take place, with the exception of 
displaced persons from former Yugoslavia, the Vienna Conference was 
followed-up by a number of meetings. This can be attributed to the 
fact that a number of Central and Eastern European countries them­
selves faced serious problems concerning transit migration towards 
Western Europe and that it was found to be of interest to al I par­
ticipating States, presently 37, to discuss these problems and to 
monitor the potential and actual East-West migration. To this pur­
pose a Group of Senior Officials was held 5 meetings between Janu­
ary 1991 and December 1993. This Group of Senior ~fficials in its 
turn created a number of Working Parties in order to study the fol­
,1 owIng themes: 
-Freedom of movement of persons; 
-International exchange on migration Information; 
-the Profile of potential migrants; 
-the Right to asylum; 
-VIsa practices; 
-Burden-Sharing. 
4. At Its meeting In July 1993, the Group of Senior Officials took 
stock of what had been achieved so far as a follow-up to the VIenna 
Conference. The V I enna Conference has provIded a more ba 1 anced 
framework than the Ber I In and Budapest Conferences In that the 
former Identified more clearly the basic needs and problems of Cen­
tral and Eastern European countries, whereas the latter was essen­
tially concerned with combattlng I I legal migration and action 
against traffickers. 
- 2 -
5. Senior Officials have agreed to set up an open-ended Consultative 
Group to further necessary follow-up activltles.What Is more, the 
report of Senior Officials has been submitted to the Conference of 
Heads of States and Governments of the Member States of the Counci I 
of Europe held In Vienna on 8 and 9 October 1993. 
6. lt Is difficult to predict how intensive the remainder of the 
VIenna process wl 11 be. On the one hand, there has been a growing 
number of participating States, but on the other hand ever more 
delegations have pointed out that the co-ordination with lnterna­
t Iona 1 organ 1 zat Ions, 11 ke the Counc 11 of Europe. CSCE, IOM and 
UNHCR deserved close attention. Some delegations, notably Sweden, 
Poland, the USA and Canada have made it clear that their preference 
would be to Increase CSCE's role In this respect. Other delegations 
emphasized the Importance of a better co-ordination with and possi­
bly of a transfer to existing Council of Europe bodies. There Is 
therefore a tendency to bring back the Informal co-operation that 
has grown as a follow-up of the Vienna Conference into more tradi­
tional International frameworks. 
2. Fol low-uo to the Conference in Berlin 
7. On 30 and 31 October 1991 at the invitation of the German Govern-
8. ment, the Interior or Justice Ministers of 27 European States met 
In Berlin to discuss the problem of Illegal Immigration from and 
through Centra I and Eastern Europe. The f I na I commun 1 Que of th·t s 
conference contaIned a 11 st of measures Intended to Improve co­
operation In administering and policing controls and, to a lesser 
degree, to make complementary legislative changes. A working group, 
which became known as the Berlin Group, was established to imple­
ment these recommendations. 
The 
ary 
set 
a. 
b. 
c. 
d. 
e. 
f. 
g. 
h. 
I. first meeting of the Working Group took place in Graz In Janu-
1992 under Austrian chairmanship. The Working Group agreed to 
up nine sub-groups according to the following themes: 
harmonising sanctIons against smuggling Illegal Immigrants; 
mutual legal assistance in prosecuting smugglers of 11 legal lm-
'mtgrants; 
establishment of special forces to combat clandestine immigra­
tion networks; 
exchange of Information about I I legal Immigration; 
p~ocedures and standards to Improve frontier controls; 
readmission agreements; 
Implementation of readmission; 
securing the external borders away from authorised crossing 
points; 
obltgatlon of carrier companies to prevent Illegal entry. 
9. Two plenary sessions of the Berlin Group took place In May 1992 and 
In January 1993, which were mainly devoted to the formulation of 
recommendations to be adopted at Ministerial level. On 15 and 16 
February 1993, .a Ministerial Conference was held In Budapest which 
adopted the outcome of all of these previous deliberations In the 
form of a recomrnendat ion. ·rh Is recommendatIon followed the same 
pattern as the sub-division of the Working Group had done. 
- 3 -
10. In addition to the recommendation mentioned above, the Conference 
also had before lt an Austrian proposal for a Convention covering a 
range of Issues concerning migration and asylum pol lcles. This pro­
posal was not adopted, however. No agreement was reached either on 
a German proposal concerning burden sharing. As for the follow-up 
to the Conference, lt was agreed that, whenever necessary, a Work­
Ing Group would be convened, but so far no such meeting has taken 
place. As a number of delegations at the Conference pointed out, 
however, many of the aspects dealt with by the Berlin Group may be 
picked up by the Vienna Group In future. 
11. The Berlin and Budapest Conferences have certainly highlighted Im­
portant Issues In order to combat I I legal Immigration. They offered 
a good opportunity to stimulate the dialogue between Western, Cen­
tral and Eastern European States on these matters. 
3'. Counc I I of EuroPe 
12. The Council of Europe's main fora on migration and asylum policies 
are the European Committee on Migrati~n (CDMG) and the Ad Hoc Ex­
pert Committee on the legal aspects of territorial Asylum, Refugees 
and Stateless Persons (CAHAR). In addition, mention should be made 
of the Convention on the Legal Status of Migrant Workers: of the EC 
Member States, France, the Netherlands, Portugal and Spain have 
rat 1 fled thIs Convent Ion and Be I g ium, Germany, Greece, Ita I y and 
Luxembourg have signed lt. Under the terms of the Convention a Con­
sultative Committee Is established, Inter al la, to discuss the Im­
plementation of the Convention by the States Parties to lt. Four 
periodic reports have been submitted by the Committee to the Com­
mittee of Ministers. 
13. One of the tasks of CDMG has been to prepare periodic Ministerial 
Conferences of European Ministers responsible for Migration Poli­
cies. The fourth of these Conferences took place on 17 and 18 Sep­
tember 1991 In Luxembourg and the fifth was held In .Athens on 18 
and 19 November 1993. Just I lke the work of CDUG, these Conferences 
are concerned wIth ml grat Ion po I i c I es and mIgration flows as a 
whole, but also focus on the situation and Integration of migrants 
already admitted Into the_ territory of Member States and on the re­
lations between lnnigrant populations and the host society. The 
Conference In Luxembourg, for example, concentrated on the actual 
and future evolution of migratory phenomena affecting Europe on the 
one hand and on the evaluation of the Community Relations Project 
of the Council of Europe on the other. The Conference In Athens to­
cussed on the ways of handling migratory flows and on racism, xeno­
phobia and Intolerance. 
14. CDMG' s work programme a I so covers the fo I low i ng areas: first, 1 n 
1991, CDMG together with the European Population Committee launched 
a project ea lied •w1grat Ion. demography and empJ.orment •. 1 n a f. I rst 
phase, three studies have been completed on South-North migration, 
on statistical questions relating to migration stock and flow fig­
ures and on the tension between humanitarian and economic consider­
ations, when dealing with migration pressures. The second phase of 
this project will Include a comparative study on Integration poli­
cies. Secondly, CDUG has studied the legal, economic and social 
status of migrant workers and members of their families. Thirdly, 
-~ -
In 1987 CDMG set up the Community Relations Project which concen­
trates on Integration pol lcies. This Project was completed in 1991, 
when the final report on it was presented to the Ministerial Con­
ference In Luxembourg. A more detailed discussion of this report 
also took place during a special Closing Conference In the Hague In 
November 1991. The main elements of the report have subseQuently 
been Incorporated In a Recommendation which was adopted by the Com­
mittee of Winlsters of the Counci I of Europe In 1992. The Community 
Relations Project has now been replaced by a project aimed at 
achieving eQuality of opportunity for Immigrants. lt deals In par­
ticular with the situation of Immigrants on the labour market, with 
their chances of obtaining proper housing and cultural rights, as 
wel 1 as with the fight against xenophobia. Finally, CDMG has under­
taken studies concerning short term migration and the reintegration 
of emigrants Into their country of or I gin·. 
15. The activities of CAHAR have been overshadowed by the recent enor­
mous Increase In the number of fora dealing with asylum policies. 
Although In the past, CAHAR produced a number of creative Ideas and 
proposals in this area, the main task for this Committee at present 
Is exchange of Information on these pol lcles. As Central and East­
ern European States are IncreasIng I y beIng represented at these 
meetings, CAHAR may become one of the fora where discussions with 
these countries could be further developed. 
16. Since the adoption of the Convention on reduction of cases of 
multiple nationality and ml I itary obligations in cases of multiple 
nationality 30 years ago, many States now favour a more liberal 
approach to cases of multiple nationality. A Committee of Experts 
Is currently examining the Convent Ion In the context of 
developments In the legislation and practice of European States and 
In the light of migratory movements In Europe and the opening of 
the Council of Europe towards the countries of Central and Eastern 
Europe. The Committee has made proposals for the preparation of a 
new Convention In the field of national lty. 
17. Following the Declaration and Plan of Action on combating racism •• 
xenophobia, antisemitism and Intolerance adopted by the Head of 
State and Government of the Counc I I of Europe Member States 1 n 
VIenna on 9 October 1993, the Counci I of Europe has embarked on the 
organisation of a broad European Youth Campaign to mobilise the 
public In favour of a tolerant society based on the eQual dignity 
of all Its ~~embers and against Manifestations of racism, xenopho­
bia, antlsemltlsm and Intolerance, which will culminate mid 1995. 
FurtherMOre. It est ab I I shed a CommIt tee of government a I experts 
with a Mandate to: 1) review ~~ember States' legislation, pot icles 
and other measures to combat racism, xenophobia, antlsemltlsm and 
Intolerance, and their effectiveness; 2) propose further action at 
local, national and European level; 3) formulate general policy 
recommendations to Member States; 4) study International legal In­
struments applicable In the matter with a view to .their reinforce­
ment where appropriate. For the same reason, ·1t was decided to 
start act I vI t lea on the teachIng of hI story and on awareness­
raising of Media professionals. 
18. Reference should also be made to the case-law under the European 
COnvention on Human Rights. The European Court of Human Rights has 
placed particular emphasis,on the principle of family unity guaran­
teed under Art. 8 of the Convention which can be Invoked to protect 
- 5 -
migrant workers In cases of expulsion or refusal for entry for pur­
poses of family reunion In a European State. In the context of the 
Union's work on family reunion, express reference has been made to 
the case-law of the European Court of Human Rights. For some time 
already, the organs of the Convention and the Court In particular, 
have also been able to apply Art. 3 of the Convention, which pro­
hibits Inhuman or degrading treatment, to persons claiming that re­
turn to their countries of origin could expose them to persecution; 
the Court has thus found lt necessary to reaffirm that, even if the 
right of asylum Is not guaranteed as such In the Convention, such 
measures of repatriation c~uld ralse problems from the standpoint 
of Art. 3 (as well as from that of Art. 13 which guarantees the 
right to an effective remedy). 
4. EuroPean PoPulation Qonference 
19. From 23 to 26 March 1993 the European Population Conference took 
place In Geneva within the context of the preparation of the United 
Nations 1994 International Conference on Population and De­
ve 1 opment. It was organised by the UN Economic CommissIon for Eu­
rope, the Council of Europe and the UN Population Fund. The Con­
ference was at tended by representatives from 39 European States, 
Israel, Canada and the USA as wel I as by representatives of the EC. 
As this was a regional conference, it dealt exclusively with the 
European and North American situation, while naturally taking more 
global developments Into account. lt adopted a set of Important 
recommendations not only covering demographic policies In a strict 
sense, but also migration and asylum policies. The most Important 
of these wl I I be high I lghted In the following paragraphs. 
20. On family planning the Conference adopted the following recommen­
dations. First, it was recommended that Governments should adopt 
measures to enable Individuals and couples to exercise their right 
to decide freely and responsibly the number and spacing of their 
children. These measures should increase the access of individuals 
and couples to education, Information and the means of regulating 
their fertl I lty, Including the treatment of inferti I ity, regardless 
of overall demographic goals. Counselling and quality family plan­
ning should be provided to reduce the number of abortions. Public 
authorItIes at nat iona·l and loca I I eve Is. non-government a 1 
organisations and other institutions concerned should support non­
coercive family planning services, which respect the values.of re­
cipients. Maternal and child health programmes and related repro­
ductive health services should also be supported. 
21. Against this background lt Is recommended that developing and de­
veloped countries alike should Increase their political commitment 
to populatIon-related programmes and policies, .. In accordance with 
their national priorities and goals and with due respect for funda­
Mntal hwnan r lghts. PopulatIon-related progriJM'eS and policies 
should thus be an Integral part of national dev61opment strategies. 
22. On the relationship between demographic tendencies In Europe and 
North America and the possible need for Immigration, the rec~en­
dat Ions adopted are quIte cautious. They state that Governments 
should appreciate that while certain Imbalances in the labour mar­
ket may be compensated for by Immigration, Immigration may not be a 
~( 
full solution for the adjustment of the age structure. Heavy reil­
ance on Immigration to solve demographic imbalances could in the 
long run lead to substantial fluctuations in the age structures of 
national populatlons. 
23. on migration and development lt was recommended that Governments of 
countries of origin and destination should seek to address the 
causes of emigration In order to alleviate the massive and uncon­
trolled International migration flows. To counter these causes an 
Increased effort would be needed to: 
-achieve sustainable economic and social development; 
-avo 1 d 1 nte.·nat Iona I and I nterna I conf ll·cts; 
-respect the rule of law; 
-promote good government; 
strengthen democracy; 
-promote human rights; 
-support education, nutrition, health and population programmes; 
-ensure effective environmental protection. 
24. Taken from a demographIc perspectIve, the Conference managed to 
formulate Quite wide-ranging reconvnendat Ions. These will be fur­
ther considered at the Glotal Conference on these Issues to be held 
In CaTro In 1994. 
5. Transatlantic dialogue 
25. Trad It Iona 11 y, po 11 c les on migration and asylum of the European 
States were very different from those of the North American conti­
nent. The USA and Canada have always considered themselves Immi­
gration countries, whereas the European States have nbt. However, 
attitudes have recently been changing on both sides. 
26. Whereas a I most a 11 of the European States have to admIt that at 
least de facto they have become net lnvnlgrat Ion countries, In the 
USA and Canada there Is a growing feeling that uncontrolled migra­
tion can no longer be tolerated, as there are limits to the amount 
of Immigration these countries can absorb. These developments lead 
towards a certain convergence of policies and an Increased mutual 
Interest In each others' policies. Such an Interest In Intensified 
co-operation on migration and asylum policies has been expressed by 
the Canadian Government and more recently by the US Government. 
27. There have been a number of Instances showing the desire for a more 
Intensified form of co-operation. As early as 1990, the Declaration 
on EC-canada Rei at Ions envisaged Joint efforts In meet lng 
transnatlonal challenges posed by Irregular migration. In December 
1992, lt was proposed at the transatlantic summit In Ottawa to cre­
ate an EC-canada workIng group on thIs. sI m 11 ar I y, the USA Govern­
ment has recently mentioned Immigration and asylum as one of the 
topics to be discussed within the framework of the Transatlantic 
Declaration, which provided the basis for a regular EC-USA dialogue 
In 1991. 
28. Before the entry Into force of the Treaty on European Union, ml­
grat Ion and asylum policies were pr lmar IIY discussed within the 
Intergovernmental framewo~k, so lt has proved difficult to estab­
lish the necessary contacts wl thIn these structures. There have 
- 7 -
been other channels of communication, however. One of these Is the 
regular Trolka-meetlng with representatives of a number of third 
countries during the formal TREVI-Winlsterlal meetings. Proposals 
to further enhance these structures are under consideration In the 
context of spec 1 f 1 c areas of Interest I dent If I ed by the UnIted 
States and Canada. 
29. Discussions taking place within the framework of the 
tntergoverrvnental Consultations on Asylum, Refugee and Migration 
Policies in Europe, North America and Australia are of a more In­
formal character and not al I Member States are represented; neither 
Is the Commission or the Counci I Secretariat. 
30. The key areas Canada and the USA are interested In, are the elabo­
ration of a comprehensive approach on immigration and asylum, the 
fight ag~lnst Illegal lnrnlgratlon and the setting up of fair and 
efficient asylum procedures. 
31 . Both Canada and the USA face IncreasIng prob I ems wIth I r regu I ar 
movements. In Canada, the Immigration Policy Group1 Issued a re­
port stating that the consensus on Canada's traditional immigration 
policies "could be threatened if Canadians feel the Government is 
not In control of who enters Canada, and In what numbers". Apart 
from the curative measures that could be taken at national level, 
the PolIcy Group concludes that in the long run preventive measures 
reQuiring International co-operation with other receiving countries 
as well as with countries of origin may turn out to be just as Im­
portant. 
32. As for asylum policies, the USA Is facing a backlog of about 
200.000-250.000 cases. With a yearly Inflow of about 100.000 cases 
and staffing arrangements to deal with 50.000 cases a year, this 
backlog Is bound to Increase substantially In the years .to come. 
Against this background, the US Administration has shown Interest 
In the harmonisation process the Convnunity and Its Member States 
are engaged In on asylum law and policy. Secondly, the us Adminis­
tratIon would, like Its Canadian counterpart, _be Interested In 
working together on the collection and analysis of country of ori­
gin Information. 
6. Other International fora 
33. lt would be almost Impossible to present within the present context 
an exhaustive list of all the International fora dealing with mi­
gration Issues. Migration has become such a politically relevant 
phenomenon that by now practically all major International organi­
zations have done some work In this area. Without going Into any 
detail, mention shOuld be made of the relevant activities of ILO, 
IOM, and ECE, but even organizations that did not traditionally de­
vote attention to the m~gratton Issue, such as the IMF, World Bank 
and GATT have now taken an active Interest In the subject. 
34. Traditionally, OECD has done important work by collecting data on 
migrant workers (SOPEMI). The Working Party on Migration has long 
discussed migration Issues, originally from the perspective of the 
1 Employment and Immigration Canada: An Approach to International 
migration, January 1993. 
~ 8 -
Interaction between the labour market and migration, and now In­
cluding more general elements of migration pol icles. More recently, 
the Development Assistance Committee has also developed an Interest 
in migration. Together with Canada, the OECD organised a Conference 
on migration and development in March 1993 in Madrid. 
35. CSCE Increasingly pays attention to various aspects of migration. 
The CSCE Human Dimension Implementation Meeting which was held In 
Warsaw from 27 September till 15 October 1993 dealt, Inter alia, 
with Involuntary migrants and refugees. Siml larly, a Seminar on MI­
grant Workers will take place In the last week of March 1994. Al­
though these meetings do not produce any formal conclusions, they 
nevertheless provide an Interesting forum for an exchange of views 
betw8en all CSCE-partners. Part:cular reference should be made to 
the work undertaken by the High Commissioner on Minority Rights: 
his concern Is to prevent mass movements of minority groups by set­
ting up a proper system of protection for ethnic minorities. 
36. Ever more organizations belonging to the UN have become active In 
·the field of immigration and asylum policies. Of these, UNHCR (UN 
High Commissioner for Refugees) Is the most directly relevant orga­
nization. At the global level, UNHCR implements since 1952 Its man­
date to protect and assist refugees. According to Article 35 of the 
1951 Convention, UNHCR has furthermore the duty of supervising the 
app 11 cat ion of the provIsIons of the Convent ion .. EXCOM (Execut I ye 
Committee of the High Commissioner's Programme) provides UNHCR and 
the International community guidance for responding to refugee sit­
uations and implementing refugee and asylum polIcy. Its conclusions 
are confirmed by ECOSOC and the General Assembly of the United Na­
tions and constitute highiy important principles of refugee law and 
policy, even though they are not legally binding. The Union and Its 
Member States are engaged In a close co-operation with UNHCR. Eight 
are members of EXCOM. The combined contribution from the Commission 
and the Individual Member States amounted In 1993 to US$ 450 mil­
l Ion, being almost half of the total contributions to UNHCR. In De­
cember 1993, a European Commlssion-UNHCR framework partnership 
agreement for the financing of humanitarian operations was signed. 
On the ·basis of this agreement, the Commission will enter Into a 
dialogue with UNHCR, within the framework of a joint high level 
gro4p, Commission -UNHCR, which has been created upon request of 
the UN High Commissioner for Refugees, Mrs. Ogata. 
37. Recognition of UNHCR's global responsibi llty and role In developing 
principles of International refugee law has been expressed In the 
regul~r Informal dialogue with UNHCR In matters relating to the 
harmonization of asylum law and policy. UNHCR advocates the devel­
opment of a comprehensive refugee policy, Including prevention, 
protection and durable solutions and based on close International 
and lnteragency co-operation with other UN bodies and regional In­
stitutions. In this connection, UNHCR welcomed the recognition by 
the European Council of Edinburgh of the need for such a policy and 
Indicated to stand ready to be associated In Its formulation. 
ISSN 0254-1475 
COM(94) 23 final 
DOCUMENTS 
EN 06 os 
Catalogue number : CB-C0-94-031-EN-C 
Office for Official Publications of the European Communities 
L-2985 Luxembourg ISBN 92-77-64713.:.2