WRITTEN QUESTION E-2382/02

by Geoffrey Van Orden (PPE-DE) to the Commission

(2 August 2002)

Subject: Treatment of asylum-seekers in the EU

1. How does each Member State count the number of migrants (refugees, asylum-seekers, etc.) seeking admission (i.e. do they include all family members in their calculations or just heads of families)?

2. What State benefits are these migrants entitled to in each of the Member States of the EU?

3. At what stage are migrants entitled to vote in each of the Member States of the European Union?

Answer given by Mr Vitorino on behalf of the Commission

(14 October 2002)

Member States count in different ways the number of third country nationals seeking admission to their territory making a distinction in particular as to whether they are refugees, asylum seekers, labour migrants or persons seeking temporary protection.

For the purpose of producing Community statistics, definitions have been agreed with respect to the counting of asylum applications and the positive decisions resulting from these applications, including the granting of refugee status, humanitarian status and all other types of subsidiary protection equivalent to asylum (e.g. protection granted under Article 3 of the European Convention on

Human Rights). However, the set of definitions used allows Member States to deliver data to Eurostat referring either to individual persons (one application = one person) or cases (one application = one or more persons, e.g. a family). Thus, Germany and the United Kingdom report cases, the other Member States normally report individual persons. Nor is there a harmonised approach on counting withdrawals and abandonment of applications for asylum. Moreover, applicants may be counted twice in total figures for repeat applications that are not separated from first applications and in the cases of persons who are (re) transferred to another Member State according to the Dublin Convention.

There is, however, as yet no agreed definition of general migration used for the production of Community statistics. National statistical authorities are requested to supply data according to the 1997 United Nations Recommendations for Statistics of International Migration (Revision 1). These Recommendations define a long-term migrant as any person who changes their country of usual residence for 12 months or more, so that their country of destination becomes, in effect, their new country of residence. However, many Member States are unable to comply with these recommendations and instead supply data based on national definitions and data sources. Some Member States base migration statistics on administrative information such as applications for residence permits (e.g. France). Others (e.g. United Kingdom) do not directly count migrants, but estimate migration using survey data. These variations in definitions and data sources result in problems when comparing the migrant counts for different countries. For all Member States, migration statistics generally relate to the individual migrant, that is a migrant worker and his family would each be counted separately. Certain national statistical systems are able to supply a breakdown of migrants according to reason for or category of migration to work, to accompany/join a family member etc.) but such a breakdown has not yet been collected for Community statistics.

The Commission is currently examining ways to improve the exchange of statistics and policy information relating to asylum and immigration to the Union and will be bringing forward an Action Plan. This will cover a variety of measures such as new statistical methods and the extension of existing data collections in order to include data on the reasons for migration and the category of permit requested or granted.

The social benefits to which third country nationals are entitled, together with the right to vote, differ according to the national legislation of each Member State and to the status of the person concerned (e.g. legally resident (including refugees)), registered asylum seeker, person granted temporary protection or person otherwise in need of international protection). In line with the conclusions of the Tampere European Council, the Commission has proposed a common legal framework for the admission of third country nationals for employment, for study and other purposes not specifically covered by Community legislation, for the reception of asylum seekers, for the status of refugees and for persons otherwise in need of international protection as well as arrangements in the event of a mass influx of persons needing temporary protection (see list below of relevant proposals). This legislation provides for the harmonisation of the benefits which should be made available for each category. The Directive on temporary protection should enter into force in 2003 while other proposals are still under discussion in the Council.

The Commission has also put forward proposals for the harmonisation of national legislation, including access to certain social benefits, with respect to long-term resident third country nationals and concerning those admitted under family reunion arrangements. These proposals are also still in discussion in the Council.

With respect to the right to vote for third-country nationals, it should be noted that the Commission has no competence to legislate in this field which is a matter for each Member State to decide. The Commission's proposals (list sent direct to the Honourable Member and to Parliament's Secretariat) do not, therefore, contain any provisions on this issue.