Communication from the Commission to the Council and the European Parliament on a Community immigration policy
Date: 2000-11-22
Institutions: European Commission
Subjects: admission of aliens, approximation of laws, immigration, migration control, migration policy

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22.11.2000
COM(2000) 757 final

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND
THE EUROPEAN PARLIAMENT

ON A COMMUNITY IMMIGRATION POLICY

TABLE OF CONTENTS

EXECUTIVE SUMMARY
1.

WHY A NEW APPROACH TO IMMIGRATION? .................................................... 5

3

2.

THE TAMPERE FRAMEWORK FOR A COMMON EU ASYLUM AND

IMMIGRATION POLICY ....................................................................................... 7

2.1.

2.2.

2.3.

2.4.

Partnership with countries of origin .......................................................................... 7

A common European asylum system ........................................................................ 9

Fair treatment of third country nationals ................................................................... 9

Management of migration flows ............................................................................. 12

3.

TOWARDS A COMMUNITY IMMIGRATION POLICY........................................ 12

3.1.

3.2.

3.3.

3.4.

Impact of existing immigration policies.................................................................. 12

Developing a new approach to immigration............................................................ 13

Framework for an EU immigration policy .............................................................. 15

Admission of migrants ........................................................................................... 16

3.4.1. Assessing appropriate immigration levels............................................................... 16

3.4.2. Defining a common legal framework for admission................................................ 17

3.5.

3.6.

Integration of third country nationals...................................................................... 19

Information, research and monitoring ..................................................................... 20

4.

CONCLUSIONS AND FOLLOW UP ....................................................................... 21

ANNEX 1
ANNEX 2

THE DEMOGRAPHIC AND ECONOMIC CONTEXT
OVERVIEW OF RECENT OR PLANNED COMMISSION
PROPOSALS RELATING TO IMMIGRATION POLICY

2

EXECUTIVE SUMMARY

The Treaty of Amsterdam establishes for the first time Community competence for
its meeting in Tampere in
immigration and asylum. The European Council, at
October 1999, agreed that «The separate but closely related issues of asylum and
migration call for the development of a common EU policy» and set out the elements
which it should include namely partnership with countries of origin, a common
European asylum system, fair treatment of third country nationals and management of
migration flows. In this framework, the European Council also stressed the need for
rapid decisions on «the approximation of national legislations on the conditions for
admission and residence of third country nationals based on a shared assessment of
the economic and demographic developments within the Union as well as the
situation in the countries of origin» (paragraph 20 of the Presidency conclusions). It
did not, however, give any detailed indications as to how this policy should be
developed and implemented.

The Commission has already made proposals on the rights and status of third country
nationals and to combat racism and xenophobia, and other legislative measures are
being prepared according to the programme agreed in Tampere (see overview in
Annex 2). However, in view of the complex nature of immigration policy and its
impact over a wide range of areas, social, economic,
the
Commission believes that we cannot rely simply on a piecemeal approach to the
legislative programme foreseen in Article 63 of the EC Treaty. This view has been
supported by the European Parliament which has called on the Commission to set
these measures into an overall framework.

legal and cultural,

In addition it is clear from an analysis of the economic and demographic context of
the Union and of the countries of origin, that there is a growing recognition that the
«zero» immigration policies of the past 30 years are no longer appropriate. On the
one hand large numbers of third country nationals have entered the Union in recent
years and these migratory pressures are continuing with an accompanying increase in
illegal immigration, smuggling and trafficking. On the other hand, as a result of
growing shortages of labour at both skilled and unskilled levels, a number of Member
States have already begun to actively recruit third country nationals from outside the
Union. In this situation a choice must be made between maintaining the view that the
Union can continue to resist migratory pressures and accepting that immigration will
continue and should be properly regulated, and working together to try to maximise
its positive effects on the Union, for the migrants themselves and for the countries of
origin.

In this new situation, the Commission believes that channels for legal immigration to
the Union should now be made available for labour migrants. However, in view of
the strongly divergent views in the Member States on the admission and integration of
third country nationals, the Commission feels that it is essential to discuss these issues
openly and to try to reach a consensus on the objectives of the policy to be followed.
The purpose of this Communication is to stimulate this debate, taking into account the
essential structural reforms the EU economy is undergoing in the framework of the
European Employment Strategy and which are now showing the expected benefits.
The admission of labour migrants can make a contribution to this strategy, but,

3

because of the very important human issues involved, one on which there should be a
clear understanding between the Member States on its role and contribution.

Both Article 63 of the EC Treaty and the Tampere conclusions call for a common EU
immigration policy. To reach this goal it is essential to co-ordinate and to ensure the
transparency, within a Community framework, of actions which at the moment are
carried out at Member State level since they have an effect on other areas of EU
policy, e.g. abolition of controls at internal borders, Community commitments at
international
level under the GATS agreement and the European Employment
strategy.

This will provide a background for the formulation of commonly agreed objectives
for channels of legal immigration which could underpin the detailed legislative
proposals concerning migrants which the Council called for in Tampere. These
concern not only the conditions for the admission and residence of third country
nationals for employment and other reasons, but also standards and procedures for the
issue of long-term visas and residence permits, the definition of a set of uniform rights
for third country nationals and the criteria and conditions under which third country
nationals might be allowed to settle and work in any Member State (see Annex 2)
together with the Charter of Fundamental Rights. At the same time, the procedure put
in place for the monitoring of migration flows will provide a framework for
consultation between the Member States on migration issues, for the co-ordination of
policy, for setting common objectives and for developing accompanying measures
with respect to the integration of migrants. This mechanism is designed to enable the
Community to provide a co-ordinated reaction both to fluctuations in migratory
pressures and to changes in the economic and demographic situation in the Union.

4

1.

WHY A NEW APPROACH TO IMMIGRATION?

the Treaty of Amsterdam, Community
With the coming into force of
competence was firmly established in the areas of immigration and asylum.
From being a matter for inter-governmental co-ordination under the “third
pillar” arrangements, responsibility for developing policy was moved to the “1st
pillar” with a programme of action to be adopted by the Council in order to
establish progressively an area of freedom, security and justice (Articles 61-63).
Accordingly, in October 1999, the elements of a common EU asylum and
immigration policy were agreed by the European Council in the Tampere
Conclusions1 which, together with the Action Plan which had been approved by
the Council in Vienna in 19982, now form the basis of a work programme for
the Commission and the Member States that is being made operational in a
«scoreboard»3. The present Communication is being issued as part of this
programme but in a context which, in a number of respects, is very different
from the situation of the Union in 1993-94. On the one hand there is now a
more acute recognition than a few years ago of the importance of immigration
and asylum matters at the EU level as well as of the necessity for a common
approach to them. This is emphasised by the fact that these areas are now the
subjects of specific Community policies and no longer simply complementary
to those related to the free movement of persons within the Union. On the other
hand – and this is a direct consequence - by adopting the conclusions of
Tampere, the Heads of State and Government, have defined clearly the political
framework in which they wish to see a common EU asylum and immigration
policy developed.

This new Commission Communication fits firmly within this framework.
It
constitutes above all a first response to the specific request of the European
Council for a clear definition of the conditions of admission and of residence of
third country nationals. This, it was agreed, should be based on a common
assessment of the economic and demographic development of the Union and of
the situation in the countries of origin, and take account of the capacity of
reception of each Member State as well as of their historical and cultural links
with the countries of origin4.
In addition, it is not possible to develop an
integrated approach to immigration without considering the impact of migration
policies on the host society and on migrants themselves. The social conditions
which migrants face, the attitudes of the host population and the presentation by
political leaders of the benefits of diversity and of pluralistic societies are all
vital to the success of immigration policies. Therefore, and the two aspects are
intrinsically linked, this Communication will also touch on integration policy in

1 SN 200/99 (Presidency Conclusions of the Tampere European Council 15 & 16 October 1999)
2 JO N°C 19 of 23.1.1999
3 COM (2000) 167 (Scoreboard to review progress on the creation of an area of “Freedom, Security

and Justice” in the European Union)

4 The Tampere conclusions acknowledge “the need for approximation of national legislations on the
conditions for admission and residence of
third country nationals, based on a shared
assessment of the economic and demographic developments within the Union, as well as the
situation in the countries of origin” (paragraph 20).

5

the context set out in Tampere, namely fair treatment of third country nationals
residing legally in the Union and the promotion of diversity. In this context the
impact of the Charter of Fundamental Rights will also be reviewed.

However, with a view to maintaining the coherent approach agreed in Tampere,
the Commission also intends to clarify the way in which the other components
of an overall immigration policy must be taken into consideration. These
include the fight against illegal immigration, relations with countries of origin
and of transit and, especially, the humanitarian dimension – asylum policy - the
importance of which has been repeatedly emphasised in recent years and which
will be the subject of a separate Communication which is being presented
jointly with this one.5 It also includes the reinforcement of integration policies
so as to provide the necessary means for a rapid integration of the migrant
population into European society and aiming at combating racism and
xenophobia.

Finally, this Communication comes at a time when the question of the role of
the EU with respect to immigration is of particular pertinence for a number of
reasons. The projected decline in population in the EU over the next few
decades has caught the attention of public opinion. At the same time labour
shortages in some sectors are creating difficulties in a number of countries.
There is a growing recognition that, in this new economic and demographic
the existing “zero” immigration policies which have dominated
context,
thinking over the past 30 years are no longer appropriate.

Programmes to regularise the position of illegal migrants, which often give rise
to difficult internal political debates, are developing in a number of Member
States. Tragic incidents, such as the one in Dover in July 2000 in which 58
Chinese nationals trying to enter illegally into the United Kingdom lost their
lives, which are taking place in almost all Member States, point not only to the
importance of the fight against the trafficking of human beings, but also to the
existence of a demand for clandestine manpower and of the exploitation of such
undocumented migrants. The Commission has also taken account of the
debates initiated under the French Presidency, notably the discussions at the
informal ministerial meeting in Marseilles in July 2000 and at three conferences
– on Co-development and Migrants (6-7 July); on Illegal Migration Networks
(20-21 July); and on the Integration of Immigrants (5-6 October 2000).

In the light of these changing circumstances and bearing in mind the emergence
of different political points of view and of the divergent reactions and growing
concerns of the public which have been expressed in all Member States in
recent months, the Commission believes that it is timely to contribute to this
debate and to take a fresh look at how immigration policy should be developed
within the Tampere mandate.
In particular the Commission proposes to
examine how the complex issues related to the admission of economic migrants,
which were only touched on briefly in the Tampere Council, should be
developed within a Community immigration policy. This will provide a

5 COM (2000)…”Towards a common asylum procedure and a uniform status for those who are

granted asylum valid throughout the Union”

6

background for the formulation of commonly agreed objectives for channels of
legal
the
immigration which would underpin the detailed proposals for
admission and residence of third country nationals which the Council called for
in Tampere. Furthermore, it will be of equal importance to develop adequate
policies aiming at promoting the integration of migrants, including those already
living in the EU, and supporting the fight against the phenomena of racism and
xenophobia.

2.

THE TAMPERE FRAMEWORK FOR A COMMON EU ASYLUM

AND IMMIGRATION POLICY

The European Council in Tampere agreed on a number of milestones to realise
an area of freedom, security and justice. One of these was the development of a
common EU asylum and immigration policy and progress with its
implementation is set out below.

2.1.

Partnership with countries of origin

The Member States at the Tampere Council acknowledged the principle that an
EU asylum and immigration policy must necessarily involve co-operation with
the countries of origin and transit of migrants. The Council recognised that
developing a comprehensive approach to immigration also involves addressing
political, and human rights issues in partnership with these countries. With such
programmes as TACIS and PHARE, the Commission has developed strategies
which address not only the need to reduce push factors, primarily through
economic development in countries of origin and transit, but also support such
activities as legislative reform, law enforcement capabilities and modern border
management systems. A new integrated approach has also begun through the
work of the High Level Group on Asylum and Migration. Six action plans,
each based on a coherent programme of co-operation and development
involving dialogue with the countries concerned, have been drawn up for
specific countries or regions and it is expected that financial resources will be
made available in the near future for community action to contribute to the
implementation of the plans.

In future, while developing measures to understand and try to influence the
reasons which cause migration, the EU must, therefore, also examine and take a
responsible attitude towards the effects of emigration on the countries of origin
taking into account the very different economic, demographic, social, political
and human rights situations in each one which cause the migratory flows. Not
only does this reflect European values but is also in the interests both of the EU
and of the countries themselves.

In most cases the situation is complex and there are both positive and negative
impacts of migration. During the initial period of settlement in the host country
remittances sent home by migrants can become an important part of the national
budget. Transfers on a large scale can be a disincentive for the sending country
to cooperate in controlling emigration. For the receiving families remittances
can bring significant improvements in standards of living and contribute to the
development of the local economy although there is some evidence to suggest
that it is the larger towns which benefit most perhaps to the detriment of other

7

areas. On the negative side there can be less favourable impacts on the local
economy when it
is the most highly skilled and the most entrepreneurial
sections of the population who emigrate. The brain drain is of particular
concern for developing countries who can least afford to lose the investments
which they have made in education and training particularly of those who
benefited from tertiary education. The scale of this problem is increasing for a
number of countries, notably in Africa and in India, and is likely to grow as
shortages in Europe and other parts of the developed world in certain highly
skilled sectors, together with important wage differentials, continue to attract
qualified people from the developing world to emigrate.

With today’s increasingly mixed flows of migrants caused by economic and
other reasons and with populations straddling two cultures as part of survival
strategies it is possible to develop policies which use migration to the mutual
benefit of the country of origin and the receiving country.
In this way the
effects of the brain drain can be mitigated and the benefits of remittances can be
maximised. Since the issues of immigration and asylum have become matters
of Community competence they will, where possible, be incorporated more
specifically into Community programmes with third-countries, both in the area
of trade and of development. This is particularly true for the TACIS, PHARE
and MEDA programmes and migration issues must increasingly form part of the
dialogue which takes place within the framework of the Partnership and Co-
operation Agreements, the Common Strategies of the EU on Russia, the Ukraine
and the Mediterranean region and the discussions with the African, Caribbean
and Pacific (ACP) countries.

The partnership approach should provide a framework for dealing flexibly with
new trends in migration which are now developing in the world, with the
concept of migration as a pattern of mobility which encourages migrants to
maintain and develop their links with their countries of origin. This includes
ensuring that the legal framework does not cut migrants off from their country
of origin e.g. that they have possibilities to visit without losing their status in
their host country, and of moving on or going back as the situation develops in
the country of origin and elsewhere in the world.

Such a concept would encourage migrants to participate in the economic
development of their country of origin not only through remittances to family
members, but also through supporting development projects, business ventures
etc. Such action can lead in some cases to their voluntary return within a
supported reintegration framework. The fact that at present in many Member
States, visa policies and other legislation, restrict the possibility for migrants to
move freely between their country of residence and their country of origin even
when retired, creates a barrier to such developments. Co-operation between
countries of origin and residence of migrants must be based on dialogue with
governments and with the migrants themselves and their associations to ensure
that migratory movements are taken into account in developmental, economic
and social strategies of the countries concerned (e.g. by promoting more
training and manpower skilling
efficient public and financial
programmes as well as the inflow of foreign capital to projects (including those
carried out by emigrants in their countries of origin)). In this way it can help to

institutions,

8

mitigate the effects of the brain drain and the loss of the most entrepreneurial
members of society and contribute to the sustainable development of the
country of origin which in the long term could reduce the incentive to emigrate.

It should be recognised, however, that the partnership approach to managing
migrant flows should be seen as part of a medium to long-term strategy and that
the impact will vary depending on the situation in the countries of origin.

2.2.

A common European asylum system

The Tampere Council reiterated that the right to seek asylum must continue to
be guaranteed as the cornerstone of EU policy. The objective of a common
European asylum system must be to ensure the full application of the Geneva
Convention on refugees and that nobody is sent back to persecution. The Treaty
of Amsterdam requires the enactment of common measures.

The Commission tabled in May 2000 a proposal on temporary protection in case
of mass influx of displaced persons and in September 2000 put forward a
proposal on procedures in Member States for granting and withdrawing refugee
status. Early in 2001, proposals will be made on reception conditions for asylum
seekers and on a system for the clear and workable determination of the State
responsible for the examination of an asylum application. The preparation for
the setting up of the EURODAC system is on going. Further proposals will be
made on the approximation of rules on the recognition and content of refugee
status and also on subsidiary forms of protection offering an appropriate status
to any person in need of such protection.
In addition, the Council adopted in
September 2000 the Commission’s proposal for the establishment of a European
Refugee Fund to promote a balance of effort between Member States in
receiving refugees and displaced persons.

At the request of the Tampere Council, further proposals for the development of
Community rules leading to a common asylum procedure and a uniform status
for those who are granted asylum valid throughout the Union are being made in
a separate Communication which is being presented jointly with this one and
which aims at providing a clear picture of the method and content of the
measures to be taken from 2004 under the humanitarian heading6.

2.3.

Fair treatment of third country nationals

A key element of the development of the European Union as an area of
freedom, security and justice agreed in Tampere is ensuring fair treatment of
third country nationals residing legally on the territories of the Member States
through an integration policy aimed at granting them rights and obligations
comparable to those of EU citizens.

With respect to the setting up a legislative framework for the integration of
those already resident on the territory of the Member States, the Commission
has already proposed the extension of Community co-ordination of social

6 COM(2000)…”Towards a common asylum procedure and a uniform status for those who are granted

asylum valid throughout the Union”

9

security schemes, as laid down in Regulation (EEC)No. 1408/71 to employed
persons and self-employed persons who are insured in a Member State and who
are third country nationals7. The Commission has also put forward a proposal to
modify regulation 1612/68 aimed at enhancing the legal status of third country
national family members of EU workers.8 These proposals are still, however,
under consideration in the Council.

In line with the Tampere mandate, further proposals concerning the status of
third country nationals who are long-term residents will be made. These will
include the rights to be granted, the conditions under which the status may be
lost, protection against expulsion and the right to reside in another Member
State. The right of abode in another Member State for long-term residents could
be an important factor of mobility within the labour market of the Union.
In
this connection the Commission has already presented two proposals concerning
the rights of third country workers and independent operators already legally
established in a Member State to provide services in other Member States.

The Commission submitted in November 1999 a package of proposals to
combat discrimination. On 29 June 2000 the Council adopted the first of the
package's three elements, the proposal for a Directive combating discrimination
on grounds of racial or ethnic origin, which will apply in the fields of
employment, training, social protection (including health and social security),
education and the supply of goods and services, including housing.9

Political agreement on the second element, the Commission's proposal for an
anti-discrimination action programme, was reached in the Council on 17
October 2000. The programme is to run for six years from 1 January 2001, and
€
will have a budget of almost M
100 for activities combating discrimination on
the grounds of race or ethnic origin, religion or belief, disability, age or sexual
orientation. The activities are to be focused on (i) analysing discrimination in
the Member States and evaluating methods of combating it, (ii) strengthening
the capacity of organisations combating discrimination via transnational
exchanges and the core-funding of NGOs, and (iii) promoting awareness of
discrimination and the measures to combat it in the EU. The Council also
reached agreement on the third part of the anti-discrimination package, the
Commission's proposal
for a framework directive on discrimination in
employment on the grounds of religion or belief, disability, age or sexual
orientation.10

The Amsterdam Treaty, in its provisions on police and judicial co-operation in
criminal matters, expressly states that the Union will take steps to prevent and
combat racism and xenophobia as one of the prime objectives of its efforts to
create an area of freedom, security and justice.
In 1996 the Council adopted a
Joint Action to facilitate effective judicial co-operation between the Member
States to prevent perpetrators of racism and xenophobia from taking advantage

7 COM(97)561 final, 12.11.1997
8 COM(98)394 of 22.7.1998
9 Directive 2000/43, OJ 19/7/2000 L180
10 COM(1999)565 final

10

In the
of differences in legislation within the Union in order to escape justice.
light of an evaluation of the Joint Action to be submitted at the end of 2000, the
Commission will present a framework decision under Article 29 of the Treaty to
enhance judicial co-operation in the fight against racism. This initiative will
cover, among other things, the spread of this type of crime on the Internet.

In the area of conditions of admission and residence, the first initiative of the
Commission since the entry into force of the Treaty of Amsterdam has been a
draft Directive on the right to family reunification. 11 This is justified for several
reasons: firstly, family reunification is not simply regulated by national laws
since many international and regional instruments lay down rules or principles
on this issue; secondly, family reunification has been one of the main vectors of
immigration over the last twenty years; thirdly, it is an essential element in the
integration of persons already admitted and finally, this subject has been a
priority for the Council since 1991. This reflects the Commission’s view that
successful integration of third country nationals to maintain economic and
social cohesion is one of the major challenges which the EU faces with respect
to immigration policy. The establishment of stable family communities ensures
that migrants are able to contribute fully to their new societies.

The proposal establishes a conditional right to family reunification on the part
of third country nationals.
It would allow third country nationals meeting
certain criteria to be reunited with the members of their nuclear family, or even,
in strictly defined cases, with other members of their wider family. The
proposal also defines a number of rights which should be granted to family
members. After
the
Commission has adopted an amended proposal which is currently under
consideration in the Council.

receiving the opinion of the European Parliament,

Finally, the proposed Charter of Fundamental Rights which should be adopted
in December 2000, sets out a number of principles which, because of the
universality of certain rights, will apply to third country nationals. This will be
particularly important with respect
to a number of social rights such as
protection against unjustified dismissal and the application of national and
Community laws concerning working conditions. The Charter also includes the
possibility, on the conditions set out
in the Amsterdam Treaty, of free
movement and stay for third country nationals legally resident in a Member
State.

2.4.

Management of migration flows

The European Council at Tampere stressed the need to take a comprehensive
approach to the management or regulation of migrant flows including political,
human rights and development issues and to involve the countries of origin and
of transit.

The Council stressed that regulating migration flows includes intensive dialogue
between reception countries, transit countries, countries of origin and migrants

11 JOCE C 116 E of 24/4/2000 and amended version COM(2000)624

11

themselves. A key element should be information campaigns by which
potential migrants can be informed about legal possibilities for migration and
what they may expect in the destination country and of the dangers of illegal
migration and trafficking. The Council requested that steps to develop a
common visa policy for the EU be intensified, combined with measures against
forgery and the fraudulent use of travel documents.

Efficient management of migration flows requires monitoring and must be
accompanied by measures to regulate movements. This requires action at all
phases of movement of persons, in order both to safeguard legal channels for
admission of migrants and for those who seek protection on humanitarian
grounds while at the same time combating illegal immigration. A coherent and
co-ordinated approach to illegal immigration will be an essential part of a more
open immigration policy at the European level. The phenomenon of illegal
immigration consists of a number of interlinked phases and each has to be
tackled systematically with specific measures. These include action in source
and transit countries, police co-operation to pool knowledge of trafficking
operations which by their nature are international, action at the point of entry
including border controls and visa policies, legislation against traffickers, help
for victims and their humane repatriation.

One element in the regulatory process to which greater priority must be given is
the voluntary return of persons who are refused admission to a Member State or
who have no longer the right to remain in the EU. In cases when calls for
voluntary return have no effect, the integrity of the European immigration
policy has to be guaranteed in the end by forced return. The most valuable
In
instrument to facilitate returns is by means of readmission agreements.
addition the Commission will be bringing forward proposals
the
for
development of common standards for expulsion decisions, detention and
deportation, which should be both efficient and humane.

3.

3.1.

TOWARDS A COMMUNITY IMMIGRATION POLICY

Impact of existing immigration policies

Immigration to the EU falls into three broad categories, namely that based on
humanitarian considerations, family reunion and then immigration which can be
generally described as driven by economic and market forces.

Under the humanitarian heading, all Member States are signatories to the
1951 Geneva Convention relating to the status of refugees and adhere to its
principles. The Convention provides for access to work as a direct individual
right stemming from the status of refugee and cannot be made dependent on an
economic needs test. A programme for the co-ordination of the EU approach to
humanitarian immigration was agreed at the Tampere Council and this will be
pursued as outlined in the Scoreboard (see section 2.2.2 above).

With respect to family reunion, all Member States allow, though using a
variety of different criteria, family members to join migrants already legally
resident on their territory. A Directive to co-ordinate national legislation in this
area is now under discussion in the Council (see section 2.2.3 above).

12

This Communication concerns primarily the third category; economic
migration which has been said to be close to zero since the 1970’s and which,
given the economic opportunities now available in the EU, no longer seems
appropriate. Many economic migrants have been driven either to seek entry
through asylum procedures or to enter illegally. This allows for no adequate
response to labour market needs and plays into the hands of well organised
traffickers and unscrupulous employers. In addition, there is substantial illegal
immigration into the EU which Europol estimates at 500.000 people per annum,
many of these being employed as undeclared workers. Given such numbers and
the practical difficulties of returning people to the countries from which they
came, several Member States have resorted to regularisation or amnesty
measures and the total number of those permitted to stay legally as a result is
estimated at approximately 1,8 million since the 1970’s12.

While procedures are already in place at EU level to co-ordinate policies in a
number of areas to facilitate the operation of the Single Market, notably the free
movement of goods, capital, services and EU workers and other citizens,
sufficient attention has not yet been given to the role of third country nationals
in the EU labour market nor to the need for accompanying measures in support
of the integration of existing and prospective migrants.

3.2.

Developing a new approach to immigration

The analysis of the current situation with respect to migration flows in the EU
suggests that a different, more flexible approach common to all Member States
on the issue of legal immigration now needs to be taken. Such a proactive
immigration policy should be based on the recognition that migratory pressures
will continue and that there are benefits that orderly immigration can bring to
the EU, to the migrants themselves and to their countries of origin. The opening
up of channels for immigration for economic purposes to meet urgent needs for
both skilled and unskilled workers has already begun in a number of Member
States.
situation the
Commission believes that it is now time to review longer term needs for the EU
as a whole, to estimate how far these can be met from existing resources and to
define a medium-term policy for the admission of third country nationals to fill
those gaps which are identified in a gradual and controlled way.

Given the present economic and labour market

Many of the elements of such a policy were already put forward in the 1994
Communication on Immigration and Asylum Policies but the approach now
should also take into account the changing nature of migration itself which has
become a much more flexible process of movement between countries rather
than simply a one-way flow. Globally, migratory movements change direction,
rise and fall depending on the evolution of the economic and demographic
situations both in receiving and sending countries. In order to regulate migrant
flows successfully, therefore, and to reduce illegal immigration, the EU needs to
the various
adopt a co-ordinated approach which takes into account all

12 “Regularisations of illegal immigrants in the European Union”, Academic network for legal studies
on immigration and asylum law in Europe, under the supervision of Philippe de Bruycker,
Collection of the Law Faculty, Free University of Brussels, 2000

13

interlinked aspects of the migratory system and to work in close partnership
with the countries of origin and transit.

The benefits of a more open and transparent policy on migration movements,
together with the co-ordination of policies designed to reduce push factors in
countries of origin and greater efforts to enforce labour legislation in the
Member States, could also help to reduce illegal immigration, in particular the
worst forms of smuggling and trafficking. Member States will be in a better
position to address the problem of irregular migration if they are equipped with
a broad range of migration management policies going beyond measures to curb
the perceived or real misuse of their asylum systems. Opening up legal
this,
admission policies for labour migration will not completely prevent
however, and they should be accompanied by both appropriate anti-smuggling
measures and effective asylum adjudication systems which are capable of
identifying refugees expeditiously and accurately thereby balancing refugee
protection with immigration control.

It should be stressed that such strategies do not constitute the adoption of a
policy of replacement migration as proposed in the UN report on Replacement
Migration as a possible scenario to counteract demographic decline.13 Rather
they make up a controlled approach which is based on a common assessment of
the economic and demographic development of the Union, and of the situation
in the countries of origin, and takes account of its capacity of reception.

Bringing the issue of labour migration into the discussion on the development of
economic and social policy for the EU, would also provide an opportunity to
reinforce policies to combat irregular work and the economic exploitation of
migrants which are at present fuelling unfair competition in the Union. A
corollary of an economic immigration policy must be a greater effort
in
ensuring compliance with existing labour legislation by employers for third
country nationals. Equality with respect to wages and working conditions is not
only in the interests of the migrants, but of society itself which then both
benefits fully from the contribution migrants make to economic and social life.

Given the differences between Member States with respect to links to countries
of origin, the capacity of reception, the development of integration policies and
labour market needs the Commission proposes that the best way to achieve a
regulated immigration policy is to establish an overall framework at EU level,
with common standards and procedures and a mechanism for setting objectives
and indicative targets, within which Member States would develop and
implement national policies.

3.3.

Framework for an EU immigration policy

Any EU immigration policy needs to take into account migration of all types –
humanitarian, family reunion and economic – and to deal with the impact on the

13 “Replacement Migration: is it a solution to declining and ageing populations?” Population Division,
Department of Economic and Social Affairs, United Nations Secretariat, 21 March 2000
(ESA/P/WP.160)

14

sending and receiving countries as a whole. It will need to respond to the
difficult political debates taking place in some countries and will require strong
political leadership to help shape public opinion. In dealing with all types of
migration,
it should present an integrated approach, taking account of the
benefits of diversity in society, the need for a balanced framework of rights and
obligations for third country nationals resident in the Union, the importance of
developing support for integration and the effects on the labour market. The
policy should be developed under a new framework for co-operation at
Community level, which would be based on co-operation, exchange of
information, and reporting and would be co-ordinated by the Commission.

Admission to the EU for humanitarian reasons would continue in full
recognition of Member States international obligations to provide protection for
refugees, asylum seekers and those in need of temporary protection. The
programme to develop a common European asylum system as set out in Section
2.2. above will be pursued. While many people admitted to the EU for
humanitarian reasons do return to their countries of origin when the situation
there changes, the discussion on the number of economic migrants needed in
the numbers of persons under
different sectors should take into account
international protection, since better use of their skills could also be made, and
of family members admitted to the EU who will also be entering the labour
market.

Admission for economic migrants should clearly address the needs of the
market place particularly for the very highly skilled, or for lesser or unskilled
workers or for seasonal labour. Admission policies for economic migrants must
enable the EU to respond quickly and efficiently to labour market requirements
at national, regional and local
level, recognising the complex and rapidly
changing nature of these requirements and consequently of the need for greater
mobility between Member States for incoming migrants. Such policies must
also respect relevant provisions of existing Community law and bilateral and
multilateral agreements already in force between the Community, or the
Community and its Member States, on the one hand, and third countries on the
other hand.14

The underlying principle of an EU immigration policy must be for different
purposes,.that persons admitted should enjoy broadly the same rights and
responsibilities as EU nationals but that these may be incremental and related
to the length of stay provided for in their entry conditions.15 The Commission
has already tabled proposals on rights to service provision within the EU for

14

In particular, under the General Agreement on Trade in Services (GATS), the EC and its Member
States have committed themselves to allow third country nationals to pursue economic
activities in the EU according to schedules allowing the presence of natural persons without
requiring an “economic needs test” for the provision of services under specific cases. Future
commitments will be agreed under the GATS 2000 negociations

15 This is already the case with respect to labour legislation for the nationals of certain third countries
e.g. Turkey, Morocco, and the Countries of Eastern and Central Europe (CEEC) within the
framework of specific EU Association or Co-operation Agreements with the countries
concerned.

15

third country nationals legally established in a Member State. 16 The measures
under article 13 of the Treaty of Amsterdam to counteract
racism and
xenophobia must be vigorously pursued and action to integrate migrants into
our societies must therefore be seen as the essential corollary of the admission
policy. At the same time the fight against illegal immigration should be
intensified with priority to combating trafficking and smuggling.

Finally the policy must be developed and implemented in partnership with
countries of origin and transit.

3.4.

Admission of migrants

3.4.1.

Assessing appropriate immigration levels

Given the difficulties of assessing economic needs it would not be the intention
to set detailed European targets. The responsibility for deciding on the needs
for different categories of migrant labour must remain with the Member States.
However, a new process would be established based on co-operation, exchange
of information, and reporting.

Under such a scenario, Member States could be asked to prepare periodic
reports in two parts. The first would review the development and overall impact
of their immigration policy over the previous period, including the numbers of
third country nationals admitted under the various categories and their situation
in the labour market. The second would set out the Member States’ future
intentions on immigration, including a projection of labour migrants they would
wish to admit with an indication of skills levels. The need for a flexible
that quotas are
approach to changing economic needs would suggest
impracticable and that an appropriate system of indicative targets would be
preferable. This would be closely related to labour market needs but would also
take into consideration agreements in place with countries of origin and a range
of other factors (e.g. public acceptance of additional migrant workers in the
country concerned,
the
possibilities for social and cultural adaptation etc).

reception and integration,

resources available for

In compiling these reports Member States would need to consult widely and to
work closely with the social partners and also with regional and local authorities
and all the other actors concerned with the integration of migrants. The reports
would follow a commonly agreed structure so as to enable the Commission to
prepare a synthesis which would be presented to the Council.
Following
discussion, the Council would then lay down the principles of the common
approach to be implemented in the next period. In this process, the Commission
and the Council should take account of the progress made in the implementation
of the European Employment Strategy and its impact on labour-market
conditions in the Union. The Commission would ensure the monitoring and

16 COM(1999) 3 final of 27.01.99

16

evaluation of the policy, including its impact on countries of origin, on a regular
basis.

3.4.2. Defining a common legal framework for admission

As already announced in the Scoreboard, the Commission will be adopting early
next year proposals for Directives dealing with the conditions of entry and
residence to the EU of third country nationals for the exercise of employment,
self-employment or unpaid activities and for study or vocational training. The
Commission has already funded comparative studies on the conditions of
admission and residence of third country nationals which provide an overall
view of the legislation and practice of the Member States.

In presenting its proposals, the Commission intends to establish a coherent legal
framework which will take into account concepts which have already been
successfully applied in the Member States. The framework would determine the
basic conditions and procedures to be applied whilst
leaving it up to each
Member State to adopt national measures on the admission of third country
Preliminary
nationals based on the criteria set out
consultation with the Member States, the social partners, and non-governmental
organisations will precede the adoption of the proposals by the Commission.
This framework approach would be based on the following principles:

in the Directives.

Transparency and rationality: laying down clearly the conditions under which
third country nationals may enter and stay in the EU as employed or self-
employed workers, setting out their rights and obligations and ensuring that they
have access to this information and that there are mechanisms in place to see
that it is applied fairly. This could imply, amongst others, provisions to facilitate
the swift adoption of decisions on individual applications for admission both in
the interest of the applicant and of the enterprise seeking to recruit, on the basis
of objective and verifiable criteria. A general provision on access to
information would greatly enhance transparency.

Differentiating rights according to length of stay - The principle that the
length of residence has an influence on the rights of the person concerned has a
long tradition in the Member States and this is referred to in the Tampere
In addition, responding to labour market needs means that
conclusions.
admission must be facilitated for a wide range of workers, both skilled and un-
skilled, and ensure a rapid and flexible response. The case of students could be
considered separately with special arrangements for third country nationals who
have studied for several years in the EU, to provide for easier access to the EU
is clear that a hard-core of rights should be
labour market. However,
available to migrants on their arrival,
in order to promote their successful
integration into society. The Community should explore how this core of rights
might be extended with the length of stay with a view to coming to broadly
comparable arrangements across the Union.

it

EU legislation should therefore provide for a flexible overall scheme based on a
limited number of statuses designed so as to facilitate rather than create barriers
to the admission of economic migrants. The aim should be to give a secure

17

legal status for temporary workers who intend to return to their countries of
origin, while at the same time providing a pathway leading eventually to a
permanent status for those who wish to stay and who meet certain criteria. One
option would be to start with a temporary work permit– with special
arrangements for certain types of workers e.g. seasonal workers, transfrontier
workers, intra-corporate transferees. This permit could be renewable and would
then be followed by a permanent work permit, after a number of years to be
determined, with the possibility of long-term residence status after a certain
period. Agreement would be needed on the rights and obligations to be
provided for at each stage, based on the principle of equal treatment with
nationals, and these should be cumulative leading to those of long term
residents. Based on a “best practice” approach the details of the scheme would
be worked out
in close consultation with Member States who would be
responsible for implementing national admissions policies within the general
framework.

Application and assessment procedures - Application procedures should be
clear and simple.
Initiating them in the country of origin in co-operation with
governments, international bodies, NGOs, regional and local authorities could
improve the effectiveness of monitoring procedures, the transparency of the
procedures and the information available for potential migrants while at the
same time respecting the employer’s right to choose. However it is recognised
that many potential labour migrants will present themselves for employment
having already been admitted to a Member State for another reason and the
provision of a job-seeker visa could help to regulate and monitor this practice.

To facilitate the availability of information more extensive use of new
communications technology could be used to provide information on job
opportunities, conditions of work etc. A European information point (e.g. a
website) could be created and maintained which contains a complete set of
information relating to the admission of third country nationals to each Member
State and giving contact details of national authorities competent to receive
applications for permits in accordance with the Directives. The establishment
of a special visa for job seekers from third countries could also be considered.

In order to allow European industry, particularly small and medium sized
industries, to recruit – in cases of real need - successfully and quickly from third
countries, employers need a practical tool for demonstrating that there is a
concrete shortage on the EU labour market. One way of tackling this problem
would be to foresee that the “economic needs test” is deemed to be fulfilled if a
specific job vacancy has been made public via the employment services of
several Member States for a certain period (e.g. by means of the European
Employment Services (EURES) network) and no suitable candidate from EU
applicants (or certain persons privileged under international agreements17) has
been received.

17 Specific cases as defined by the GATS agreement: intra-corporate transferees, business visitors and

the supply of services from outside the EU.

18

3.5.

Integration of third country nationals

The importance of the fair treatment of third country nationals was underlined
by the European Council in Tampere and an EU immigration policy must,
therefore, incorporate steps to ensure that migrants benefit from comparable
living and working conditions to those of nationals. Failure to provide the
resources necessary to ensure the successful integration of such migrants and
their families will in the longer term exacerbate social problems which may lead
to exclusion and related problems such as delinquency and criminality. While
many legally resident migrants have integrated successfully and make an
important contribution to the economic and social development of their host
countries, social exclusion affects migrants disproportionately and they are
often the victims of racism and xenophobia. The legal framework and other
actions being proposed by the Commission to fight discrimination and
xenophobia will need to be complemented by specific integration programmes
at national, regional and local level. In its proposals for 2001, the Commission
in its new employment guideline 7 already invites Member States to meet the
needs of disadvantaged groups, including migrant workers already resident in
the Union, as regards their integration into the labour market and to set national
targets for this purpose in accordance with the national situation18.

However, it is also essential to create a welcoming society and to recognise that
integration is a two-way process involving adaptation on the part of both the
immigrant and of the host society. The European Union is by its very nature a
pluralistic society enriched by a variety of cultural and social traditions, which
will in the future become even more diverse. There must, therefore be respect
for cultural and social differences but also of our fundamental shared principles
and values: respect for human rights and human dignity, appreciation of the
value of pluralism and the recognition that membership of society is based on a
series of rights but brings with it a number of responsibilities for all of its
members be they nationals or migrants. The provision of equality with respect
to conditions of work and access to services, together with the granting of civic
and political rights to longer-term migrant
residents brings with it such
responsibilities and promotes integration. By co-ordinating their efforts to
ensure that employers respect the provisions of labour law in the case of third
country nationals, Member States would greatly contribute to the integration
process, which will be particularly important in attracting migrants to highly
skilled jobs for which there is world-wide competition.
In this connection the
Commission has already tabled proposals concerning the rights of third country
national workers and independent operators legally established in one Member
State to the free provision of services within the EU.

The Charter of Fundamental Rights could provide a reference for
the
development of the concept of civic citizenship in a particular Member State
(comprising a common set of core rights and obligations) for third country
nationals. Enabling migrants to acquire such a citizenship after a minimum
period of years might be a sufficient guarantee for many migrants to settle

18 Amended proposal for a Council Decision on Guidelines for Member States’ employment policies

for the year 2001.

19

successfully into society or be a first step in the process of acquiring the
nationality of the Member State concerned.

Successful integration policies need to start as soon as possible after admission
and rely heavily on partnership between the migrants and the host society.
Political leaders need to create the environment necessary for the acceptance of
diversity within which integration policies must be anchored. In order to
promote integration, settlement packages could be developed for all new
migrants tailored to their
individual needs (these could include language
training, information on political and social structures, accessing services etc
with special attention to the needs of migrant women and children). It must be
integration is a long-term process and special
recognised, however,
attention needs to be paid to second generation migrants, including those born in
the EU, to ensure that problems do not lead to social exclusion and criminality.
In this context, women and the family should be an important focus of
integration policies.

that

While integration is primarily the role of Member States, governments should
share this responsibility with civil society notably at the local level where
integration measures must be implemented.
The key to success is the
establishment of micro-level actions based on partnerships between all the many
actors who need to be involved: regional and local authorities and their political
leaders, especially those of the larger towns where many migrants settle,
providers of education, healthcare, social welfare, the police, the media, the
social partners, non-governmental organisations and migrants themselves and
their associations. Each has a part to play in the design and implementation of
integration programmes, which will need to be properly resourced.

Such a horizontal approach requires co-ordination at national and local level and
the EU could contribute by developing a pedagogical strategy, promoting the
exchange of information and good practice, especially at local level and the
development of guidelines or common standards for integration measures. A
Community Action Programme to promote the integration of third country
nationals could be developed aimed at improving the understanding of the
issues concerned through evaluation of practices, developing benchmarks and
other
indicators, promoting dialogue between the actors concerned and
supporting European networks and the promotion of awareness raising
activities.

3.6.

Information, research and monitoring

More information is needed about migration flows and patterns of migration
into and out of the EU, including illegal immigration, the role of migrants in the
labour market and the overall impact of migration (including its social, cultural
and political aspects) on the EU and on the countries of origin and transit. The
EU immigration policy itself must be closely monitored and evaluated. Efforts
to improve the comparability of migration statistics and to support comparative
research on migration should be continued. As suggested already by the
European Parliament consideration should be given to reinforcing the work of
existing research and data networks and by providing a European focus. Such a

20

European network could co-ordinate current activities in different Member
States and promote new research both in the EU and in the countries of origin.

The Commission is aware of the need to improve the collection and analysis of
statistics on migration and asylum and will participate actively in the on-going
debate as to how this can best be done. In this context consideration will be
given to the establishment of a legal basis for the collection and analysis of
statistical data in these fields.

4.

CONCLUSIONS AND FOLLOW UP

Implementing the Tampere mandate implies making an assessment of present
and future migration flows to the EU within the context of developing a
common policy on asylum and immigration taking into account demographic
the situation of the labour market and migration pressures from
changes,
countries and regions of origin of migrants.

In the light of demographic decline which will become increasingly important in
the EU over the next 25 years and of the current strong economic prospects and
growing skills shortages in the labour market, it advocates the development of a
common policy for the controlled admission of economic migrants to the EU as
part of an overall immigration and asylum policy for the Union. Without
prejudice to the pursuit of structural reforms through the European Employment
Strategy, and within the context of a policy strategy aiming at higher growth,
higher employment and a more cohesive society, the Commission believes that,
while immigration will never be a solution in itself to the problems of the labour
market, migrants can make a positive contribution to make to the labour market,
to economic growth and to the sustainability of social protection systems.
It
must be borne in mind, however,
immigration is a multi-dimensional
that
phenomena which has legal, social and cultural as well as economic impacts.
Developing a common policy therefore implies defining an appropriate policy
mix. The Communication sets out a framework within which such a common
policy might be regulated and managed.

Within this framework the Commission proposes a procedure for co-ordination
at Community level, based on an assessment by the Member States,
in
consultation with the social partners and those involved in the integration of
migrants, with the provision of periodic reports from which an overall policy for
the EU for the admission of new migrants would be agreed by the Council.
This open approach is justified by the fact that effective migration management
must be based on partnership since a horizontal approach to the various
elements is essential.

Such a policy must be accompanied by long-term, comprehensive integration
programmes developed through partnerships involving national, regional and
local authorities and civil society in order to maximise the positive effects in
terms of employment, economic performance and social cohesion within a clear
framework of rights and obligations. In this context concerted use of available
Community policy instruments should be made (e.g. the anti-discrimination and
the
social

inclusion measures introduced under Articles 13 and 137 of

21

Amsterdam Treaty, the employment strategy, the European Social Fund and
other Community initiatives such as EQUAL and URBAN). In order to support
this policy, the Commission should play a role in encouraging action at local
and national level and the exchange of good practice.

A shift to a proactive immigration policy will require strong political leadership
and a clear commitment
to the promotion of pluralistic societies and a
condemnation of racism and xenophobia. It will be necessary to emphasise the
benefits of immigration and of cultural diversity and, in commenting on issues
related to immigration and asylum, avoid language which could incite racism or
aggravate tensions between communities. They will need to demonstrate
support for measures to promote the integration of newly arrived migrants and
their
families, and promote the recognition and acceptance of cultural
differences within a clear framework of rights and obligations. The media also
has considerable responsibility in this respect in its role as an educator of public
opinion.

The Commission proposes that a common legal framework for admission of
third country nationals should be developed, in consultation with the Member
States, which would be based on the principles of transparency, rationality and
flexibility. The legal status granted to third country nationals would be based on
the principle of providing sets of rights and responsibilities on a basis of
equality with those of nationals but differentiated according to the length of stay
while providing for progression to permanent status.
In the longer term this
could extend to offering a form of civic citizenship, based on the EC Treaty and
inspired by the Charter of Fundamental Rights, consisting of a set of rights and
duties offered to third country nationals.

Partnership with countries of origin and transit is considered crucial to ensure
the regulation of migration flows. The development of differentiated co-
operation policies with the various types of countries of origin (e.g. applicant
countries, countries parties to regional programmes funded by the Community,
other countries) will be necessary. In the longer term, such partnerships should
also help to mitigate the effects of emigration by co-ordinated efforts to promote
development in the countries concerned, particularly by mobilising migrants
themselves in this process. They would provide support for the new patterns of
mobility which are developing and facilitate migrants’ contacts with their
countries of origin as well as their participation in the development of these
countries.

This more open and transparent immigration policy would be accompanied by a
strengthening of efforts to combat illegal immigration and especially smuggling
and trafficking, not only through increased co-operation and strengthening of
border controls but also by ensuring the application of labour legislation with
respect to third country nationals.

Given the complex nature of the issues involved and the need to ensure the
participation of a wide range of actors in the implementation of such a policy,
the Commission proposes to forward this Communication to the European
Parliament,
the Committee of the Regions and the Economic and Social
Committee for their opinion and to distribute it widely for debate to national and

22

regional authorities, the social partners, the economic and industrial world, and
international and non-governmental organisations concerned with migration and
migrant associations.

It is proposed that the results of this debate be discussed at a conference to be
held under the Belgian Presidency in the second half of 2001 and that the
conclusions of this conference be presented for discussion to the Council at its
meeting in Brussels at the end of 2001 which will also be considering a mid-
term review of the implementation of the Tampere programme.

23

ANNEX 1

The Demographic and Economic Context

The demographic context

During the 1990’s the world’s population increased more rapidly than ever before to
reach 6 billion in 1999 and the UN estimates that about 150 million people (or some
2.5% of the total world population) now live outside of their country of origin. The
world population increase is expected to continue at least in the short term and it is
also estimated that improvements in communication, combined with the persistence
of economic disparities, conflict and ecological factors, will ensure that migratory
movements continue to ebb and flow during the 21st century.

to the overall world situation,

The demographic situation in the EU has also been changing significantly, but in
two trends are particularly striking: a
contrast
slowdown in population growth and a marked rise in the average age of the
population. Figures prepared by Eurostat show that between 1975 and 1995, the
population of the EU grew from 349 to 372 million people, and the proportion of the
elderly (aged 65 and over) rose from 13% to 15.4%. Between 1995 and 2025
Eurostat estimates that the population of EU15 will grow more slowly (from 372 to
386 million) and will then begin to decline. However, the working age population
(those aged 20-64) will begin to decline within the next 10 years (from 225m in 1995
to an estimated 223m in 2025), while the over-65 age group will continue to rise and
is expected to reach 22.4% of the population in 2025.

The general trend among all the Central and Eastern European countries is one of
even slower population growth than that of the EU15 for the first quarter of this
century19. Overall, the accession states will experience a similar ageing of the
population to that of EU15. The expected fall in their working-age population will
raise, in most of these States, similar challenges to those faced by EU15. However,
the implications of the demographic trends will also depend upon the speed of the
economic recovery and the labour market conditions in these countries. Regional
disparities between urban and rural areas will be particularly pronounced in certain of
them. Such disparities are also a feature of EU15 where some (D, I, S) have already
entered negative natural growth (births minus deaths), while others (FIN, F, IRL, NL)
will continue to experience relatively high natural growth for some years20. However
across the EU as a whole, it is net migration that has become the principal component
of population growth21.

Eurostat figures show that net migration to the EU declined rapidly over the last
decade after peaking in the early 1990s at over 1 million per year before starting to
climb again and reaching just over 700 000 in 1999.22 On average for the years 1990-

19 Demographic Report 1997, DG Employment and Social Affairs, p. 29
20 Eurostat Working Paper on National and Regional Population Trends in the European Union,

3/1999/E/n°8, p. 39

21 Ibid, page 16
22 Figures from Eurostat.

In these figures on net migration (the difference between immigration and
emigration in a particular year) the effect of births and deaths in the year concerned is also
taken into account

24

98 the net migration rate for the EU was 2.2 per 1 000 population against 3 for the
USA, 6 for Canada and close to 0 for Japan. The flows are now composed of a mix of
people: asylum seekers, displaced persons and those seeking temporary protection,
family members coming to join migrants already settled in the EU, labour migrants
and growing numbers of business migrants. Family reunion and the existence of
ethnic communities from the countries of origin in a particular host country have
become important factors in their size and direction. The flows have become more
flexible - in particular there has been an increase in short-term and cross-border
movements – with a complex pattern of people entering but also leaving the Union.

A recent report by the UN, based purely on demographic considerations,23 suggested
that replacement migration could be an important factor in solving the problems
caused by the declining and ageing populations in Europe. The Commission believes
that, while increased legal immigration in itself cannot be considered in the long term
as an effective way to offset demographic changes, since migrants once settled tend to
adopt the fertility patterns of the host country, it could, in the short term, be an
important element in population growth which could accompany other responses to
demographic change, such as more friendly family policies. Equally,
increased
immigration will not, of itself, be an effective long-term way to deal with labour
market imbalances, including skill shortages, which should be addressed by an overall
strategy of structural policies in the field of employment and human resources
development. However, controlled immigration may help to alleviate shortages
provided it takes place within the context of an overall structural strategy.

The economic context and the situation of the EU labour market

The macro-economic prospects for the EU are currently the best for some years with
low inflation and interest rates, reduced public sector deficits and a healthy balance of
payments. The benefits to the economy of the introduction of the Euro and the
completion of the internal market are leading to improved growth and job creation
with a consequent drop in unemployment.

The process initiated by the European Council in Luxembourg in 1997 has established
an ambitious framework for policy co-ordination in the EU in the area of
employment. According to Article 126 of the Amsterdam Treaty, Member States
implement
their employment policies in a way which is consistent with the
employment guidelines and the broad economic policy guidelines drawn up each year
In the light of these guidelines, Member States prepare National
by the Council.
Action Plans whose implementation is monitored on a regular basis by the
Commission and the Council.

the Lisbon
A number of weaknesses in the EU economy were highlighted at
European Council
in March 2000, notably the high number of people still
unemployed, which although the unemployment rate has fallen to an average of 9.2%
in 1999, remains at over 15 million.24 The labour market is characterised by the
insufficient participation of women and older people in the work force and by long-

23 “Replacement migration: is it a solution to declining and ageing populations”, UN Secretariat

(ESA/P/WP.160), 21 March 2000

24 The rate has continued to fall during 2000 and is currently at 8.4% or just over 14 million

unemployed.

25

term structural unemployment, with marked regional differences. The European
Council emphasised the problems caused by the under-development of the services
sector, especially in the areas of telecommunications and the Internet and the
widening skills gap, especially in information technology where increasing numbers
It also drew attention to the need to modernise social
of jobs remain unfilled.
protection systems and in particular to secure their sustainability in the face of an
ageing population.25 Adaptation of pension schemes both to encourage more gradual
forms of retirement with flexible forms of work and leisure for older age groups
would also encourage people, who today are generally in better health and have easier
working conditions than their grandparents, to work longer. Making pension schemes
less sensitive to demographic changes through sharing responsibility more broadly
between government, the social partners and the individual would also reduce the
dependency on the working age population. The European Employment Strategy is
beginning to tackle these problems.

In Lisbon the Council set a new strategic goal for the EU for the next decade namely
that it should become the most competitive and dynamic knowledge-based economy
able to sustain economic growth and create more and better jobs with greater social
cohesion. An overall strategy was adopted in order to achieve this with the objective
of raising the employment rate overall from an average of 61% in 2000 to near 70% in
2010 and for women from 51% to over 60% in this period. This would also reinforce
the sustainability of existing social protection systems. The Commission believes that
the strategies now in place will reduce the effects of the ageing population in the EU
and the level of dependency between those in work and those who have retired.

The Joint Employment Report 200026 charts the progress which has been made in
raising the employment rate which reached 62.2% in 1999. It also highlights the areas
where further efforts are needed and reports on a worrying growth in skills shortages
and miss-matches in supply and demand for labour. While this is becoming acute in
to the
relation to some sectors employing the highly skilled who are essential
development of a knowledge-based economy, shortages in the traditional low-skilled
areas, such as agriculture and tourism, are continuing even where there are high levels
of unemployment in spite of the efforts being made to combat this phenomena. These
shortages could threaten the EU’s competitivity in the global economy.

In fact, the ability of different countries and regions in the EU to compensate for
demographic effects and to mobilise unused labour resources varies considerably and
immigration, therefore, will have a contribution to make in offsetting these problems
in some countries as an element in the overall strategy to promote growth and reduce
unemployment. While procedures are already in place at EU level to co-ordinate
policies in a number of areas to facilitate the operation of the Single Market, notably
the free movement of goods, capital, services and EU workers and other citizens,
sufficient attention has not yet been given to the role of third country nationals in the
EU labour market which, given its increasing importance, is an issue which now
needs to be addressed.

25 “The future evolution of social protection from a long-term point of view: safe and sustainable

pensions” (COM(2000)622)

26 COM(2000)551 (final)

26

The situation of migrants in the EU labour market

Reviewing the situation of migrants in the EU labour market there has been, since the
mid 1980’s, an increasing polarisation between the situations of skilled and unskilled
migrants. The number of migrants in the labour force with low or no qualifications
has been increasing since 1992 where they are meeting a demand e.g. in agriculture,
construction, domestic and personal services and seasonal work in tourism (hotel and
catering industry) as well as in some manufacturing sectors. With respect to skilled
workers, there is now a new willingness to recruit migrants with special skills into the
labour market to meet demands which cannot be met by the existing work force, even
in areas of high unemployment. At the same time global competition for such skilled
personnel is becoming fiercer (e.g. in the IT sector).

rate patterns are generally worse for

Although data on newly arrived migrants is not comprehensive, partly due to the large
numbers of irregular and clandestine workers thought to be working in a number of
that
Member States, official data (European labour
employment
first generation migrants –
especially for women – than for the population as a whole. Recent studies by the ILO
on ethnic discrimination in the labour market have revealed statistically significant
levels of discrimination in a number of Member States. Moreover, migrant
populations often show a higher rate of school drop-out than indigenous populations.
This may often reflect language difficulties, especially among newcomers, but also
problems associated with assimilation into the school system.

force survey)

suggests

Over the past few years a number of studies have tried to assess the economic impact
of legal immigration in different Member States notably Germany, Denmark and
Austria. These indicate that, while there are both positive and negative effects,
especially at local level, these tend to balance out and that overall, migrants generally
have a positive effect on economic growth, and do not place a burden on the welfare
state. The perception that immigration contributes to unemployment is not borne out
in these studies which show, on the contrary, that migrants generally take jobs which
have remained unfilled even where there is high unemployment
in the local
population. This reflects earlier work in the USA, Canada and Australia where it has
provided a justification for continuing immigration policies, which seek to attract
annual quotas of migrants to specific sectors. It is, of course difficult to evaluate the
impact of irregular migrants working in the EU since their number and whereabouts
cannot be estimated with any precision. Although they, and in many areas also low-
skilled legal migrants, undoubtedly make a contribution to the economy in the short-
term, their presence may also hinder the implementation of structural changes which
are necessary for long-term growth.

Economic benefits may be more positive with respect to highly qualified migrants
who are meeting skills needs, than for the low qualified who may, in some cases, be
competing with national workers for jobs.
It is in the lower skilled sectors (e.g.
agriculture and related industries, catering, cleaning) where the largest numbers of
undocumented migrants tend to find employment, often receiving wages which
undercut
the local workforce and sometimes in conditions which may lead to
exploitation and to social unrest. On the other hand, the regional and sectoral
concentration of migrants can mean that they represent an important force in the local
economy.

27

While difficulties in some of the sectors which have traditionally attracted migrants
(notably construction, mining and manufacturing) have contributed to higher levels of
unemployment among migrants than nationals in some countries,
there is also
evidence that migrants have proved more flexible in dealing with such problems in
recent years, in particular by moving into the service sector and by setting up their
own small businesses. It is also the case that there are often overall productivity gains
in sectors employing migrants and in related industries.
In agriculture, some
manufacturing industries and some business services it is estimated that a shortage of
migrants would have negative consequences on the sector concerned27.

With respect to social security systems the presence of legal labour migrants and their
families may, in the short term at least, be a positive factor in face of an ageing and
declining population although there may be initial settlement costs. The availability of
effective integration measures for third country nationals ensuring them decent living
and working conditions reinforces their socio-economic contribution to their host
society. The absence of such policies, leading to discrimination and social exclusion,
may result in the end in greater long-term costs to society.

27 “Assessment of possible migration pressure and its labour market impact following EU enlargement
to Central and Eastern Europe, Part 1, John Salt et al, Research Report RR138, Department of
Education and Employment (UK), December 1999

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ANNEX 2

Overview of recent or planned Commission proposals relating to immigration
policy

Proposal for a Council Regulation amending Regulation (EEC) No 1408/71 as regards
its extension to nationals of third countries (COM (97) 561 final (presented 1997)

Proposal for a European Parliament and Council Regulation amending Council
Regulation (EEC) No 1612/68 on freedom of movement for workers within the
Community (COM (98) 394 final (presented 1998)

Directive implementing the principle of equal treatment between persons irrespective
of racial or ethnic origin (Directive 2000/43, OJ 19/7/2000 L 180,adopted June 2000)

Directive on discrimination in employment on the grounds of religion or belief,
disability, age or sexual orientation (COM (99) 565 final) (presented October 1999)

Council Decision establishing a Community Action Programme to combat
discrimination 2001-2006 (COM (2000) 649) (adopted October 2000)

Directive on the right to family reunification (presented December 1999) amended
version October 2000

Directive concerning the status of third county nationals who are long term residents
in a Member State (February 2001)

Directive on the conditions of entry and residence for the purpose of study or
vocational training (first half of 2001)

Directive on the conditions of entry and residence for the purpose of unpaid activities
(first half of 2001)

Directive on the conditions of entry and residence for paid employment and self
employed economic activity (first half of 2001)

Mobilisation on collection of statistics relating to migration on the basis of the
collection which started in 1998 (first half 2001)

Communication on return policy (first half of 2001)

Proposals for a co-ordination and monitoring procedure for the implementation of the
Community immigration policy

Proposals for a Community Action Programme to promote the integration of third
the exchange of
country nationals concerning horizontal measures to support
experience and the development of good practice

29