European Parliament resolution on the Commission communication to the Council and the European Parliament on a Community immigration policy (COM(2000) 757 - C5-0100/2001 - 2001/2047(COS))
Date: 2001-10-03
Institutions: European Parliament
Subjects: admission of aliens, approximation of laws, immigration, migrant worker, migration control, migration policy

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Wednesday 3 October 2001

13.
Concerned that, in its legal acts so far, the Commission has submitted no proposals on a common
repatriation policy for asylum-seekers whose applications have been rejected, and calls on the Commission
to remedy this omission without delay;

14.
Calls on the Commission to develop resettlement programmes for asylum seekers whose appli-
cations have been rejected, devoting particular attention to ethnic minorities and unaccompanied minors;

Calls on the Commission, the Council and the Member States to work closely together with the
15.
UNHCR, the High Commissioner for Refugees, and other important international organisations in order to
enable them to fulfil effectively their coordinating role in the reception of refugees in regions affected by
conflict; appropriate financial support for the UNHCR from the Union and the Member States is urgently
needed;

16.
Calls for the EU organisation, ECHO, which carries out good work, to cooperate even more closely
in many third countries with the relief organisations of the Member States and with the UNHCR, in order
to avoid the fragmentation of assistance and in view of the fact that providing relief to refugees in their
own region is generally preferable to large flows of refugees to distant countries; considers that EU del-
egations in third countries should play a coordinating role in this regard;

17.
Considers that there is an urgent need to set up educational projects in refugee camps in regions
affected by conflict, as such projects can help prevent large groups of young people who are denied an
education for a long period going to countries far from their native land; education should therefore come
within the definition of humanitarian assistance;

18.
Urges the Member States to make a formal request to the Commission for a Commission proposal
on asylum, prior to making use of the powers conferred upon them pursuant to Article 67(1) of the EC
Treaty, and urges the Council to give full consideration to the views of the European Parliament pending
the forthcoming introduction of co-decision in this area;

19.

Instructs its President to forward this resolution to the Council and Commission.

*

*

*

8.

Immigration policy

A5-0305/2001

European Parliament resolution on the Commission communication to the Council and the Euro-
pean Parliament on a Community immigration policy (COM(2000) 757 % C5-0100/2001 % 2001/
2047(COS))

The European Parliament,

5 having regard to the Commission communication (COM(2000) 757 5 C5-0100/2001),

5 whereas, for the first time, the Treaty of Amsterdam confers on the Community powers and respon-

sibility in the fields of immigration and asylum,

5 having regard to the conclusions of the Tampere European Council meeting of October 1999,

5 having regard to Article 15(3) of the Charter of Fundamental Rights of the European Union: ‘Nationals
of third countries who are authorised to work in the territories of the Member States are entitled to
working conditions equivalent to those of citizens of the Union’,

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5 having regard to Article 63 of the EC Treaty,

5 having regard to its resolution of 6 July 2000 on illegal migration and the discovery of the bodies of

58 illegal immigrants in Dover (1),

5 having regard to the proposal for a Council Act establishing the Convention on rules for the admis-

sion of third-country nationals to the Member States (2),

5 having regard to the Council Decision of 11 June 1992 on the establishment of a Centre for

Information, Consultation and Data Exchange on Asylum (CIREA),

5 having regard to the Council Resolution of 4 March 1996 on the status of third-country nationals

residing on a long-term basis in the territory of the Member States (3),

5 having regard to the Council Resolution of 20 June 1994 on limitation on admission of third-country

nationals to the territory of the Member States for employment (4),

5 having regard to the Council Resolution of 30 November 1994 relating to the limitations on the
admission of third-country nationals to the territory of the Member States for the purpose of pursuing
activities as self-employed persons (5),

5 having regard to its resolution of 8 October 1998 on cooperation with Mediterranean countries on

matters of immigration (6),

5 having regard to the Council Recommendation of 27 September 1996 on combating the illegal

employment of third-country nationals (7),

5 having regard to the amended proposal for a Council directive on the right to family reunification (8),

5 having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal

treatment between persons irrespective of racial or ethnic origin (9),

5 having regard to the amended proposal for a Council Directive establishing a general framework for

equal treatment in employment and occupation (10),

5 having regard to the proposal for a Council directive concerning the status of third-country nationals

who are long-term residents (11),

5 having regard to the proposal for a Council regulation laying down a uniform format for residence

permits for third-country nationals (12),

5 having regard to Rule 47(1) of its Rules of Procedure,

5 having regard to the report of the Committee on Citizens’ Freedoms and Rights, Justice and Home
Affairs and the opinions of the Committee on Foreign Affairs, Human Rights, Common Security and
Defence Policy, the Committee on Legal Affairs and the Internal Market, the Committee on Employ-
ment and Social Affairs and the Committee on Petitions (A5-0305/2001),

A. whereas the Tampere European Council of 15/16 October 1999 emphasised the need to manage all

stages of migration flows more effectively (Conclusion 22),

(1) OJ C 121, 24.4.2001, p. 396.
(2) OJ C 337, 7.11.1997, p. 9.
(3) OJ C 80, 18.3.1996, p. 2.
(4) OJ C 274, 19.9.1996, p. 3.
(5) OJ C 274, 19.9.1996, p. 7.
(6) OJ C 328, 26.10.1998, p. 184.
(7) OJ C 304, 14.10.1996, p. 1.
(8) OJ C 62 E, 27.2.2001, p. 99.
(9) OJ L 180, 19.7.2000, p. 22.
(10) OJ C 62 E, 27.2.2001, p. 152.
(11) OJ C 240 E, 28.8.2001, p. 79.
(12) OJ C 180 E, 26.6.2001, p. 304.

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B. whereas the Tampere European Council expressly stated that ‘The European Union must ensure fair
treatment of third country nationals who reside legally on the territory of its Member States. A more
vigorous integration policy should aim at granting them rights and obligations comparable to those of
EU citizens. It should also enhance non-discrimination in economic, social and cultural
life and
develop measures against racism and xenophobia’ (Conclusion 18),

C. whereas, with this Communication, the Commission has made an important contribution to imple-
menting the decisions of the Tampere European Council on migration policy, which are marked by
new political approaches,

D. whereas demographic trends show a slowing down in population growth, a reduction in the size of

the working population and an increase in the number of people aged over 65,

E. whereas the implications of those demographic trends are leading to concerns about the maintenance
of social security schemes and the economic damage caused by the lack of a corresponding number of
workers with appropriate qualifications,

F. whereas several Member States have taken steps to legalise the situation of a large number of immi-

grants who are long-term residents in the Union without established residence status,

G. whereas the Member States ought to adopt legislative means of opening up legal channels for entry
into the EU, so as to make for structured immigration resulting in manageable migratory flows,

H. whereas legal immigration into the Member States is currently governed by national legislation, which
varies widely from country to country, and has increased sharply since the early 1990s, and whereas it
is exacerbated by illegal immigration, trafficking in, and the smuggling, of human beings; recalls that
illegal residence and illegal employment marginalise and isolate large sections of the population, creat-
ing social and economic dysfunction in the Member States,

I. whereas the purpose of the future Community policy on immigration is to combat all the forms of

crime often linked to trafficking in human beings,

J. whereas more openness and transparency with respect to migratory movements, together with a
greater commitment to implementing labour law in the Member States, will help to reduce illegal
immigration, particularly its worst forms, namely smuggling and trafficking in human beings,

K. whereas some Member States have begun taking on labour from third countries in order to offset

shortages in certain categories of workers,

L. whereas it is desirable that the Member States should pursue an immigration policy within a Com-
munity framework of rules and procedures based on indicative target figures, taking into account the
fact that there are differences between the Member States with respect, inter alia, to links with coun-
tries of origin, integration policy and labour market needs,

M. whereas the situation in national labour markets and the immigration policies pursued by the indi-
vidual Member States differ so widely from one another that it is nearly impossible to lay down
detailed provisions at European level on which and how many workers will be authorised to enter
and reside in the respective Member State, but that they may be laid down for the entry, residence and
integration of migrant workers,

N. whereas the problems resulting for the Member States from current demographic trends cannot be
resolved simply by immigration, and whereas more effective measures to develop human resources in
the EU and structural social and employment policy reforms are required,

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O. whereas a properly managed immigration policy 5 combined with cooperation measures, including
information campaigns in the countries of origin of potential immigrant workers 5 would help to
combat illegal immigration,

Wednesday 3 October 2001

P. whereas effective management of immigration presupposes the availability of reliable and detailed

statistics about immigration into the Union,

Q. whereas the EU has shared responsibilities for cooperation and development aid vis-à-vis the least-
developed and other countries and whereas, in accordance with its historic experience as a region
from which people emigrated, the EU should adopt an exemplary common immigration policy on a
par with its economic importance and in accordance with that responsibility,

R. welcoming the creation, in the general budget for the 2001 financial year, of a preparatory action
(heading B7-667: ‘Cooperation with third countries on migration’) which is intended to restrict illegal
immigration and to strengthen democracy and the rule of law through the implementation of projects
and programmes for cooperation with countries of origin and of transit, but considers its funding and
its objectives to be inadequate,

1.
Notes that, pursuant to the Treaties of Amsterdam and Nice, as well as the outcome of the Tampere
European Council, various measures are to be taken and legal instruments adopted at EU and/or Member
State level with respect to migrant workers, asylum-seekers and temporary refugees;

Understands by the term ‘migrant worker’ a third-country national who, for the purpose of taking up

2.
paid employment or pursuing activities as a self-employed person, enters the EU legally;

3. Welcomes the Commission document as an opportunity to debate thoroughly the most important
aspects of migration with a view to laying the foundations for a European policy in that field;

4. Welcomes the fact that, in its communication, the Commission is making a first attempt to discuss
the complex issue of migration as a whole and, in so doing, to highlight migration on economic grounds
and to propose the properly managed reception of migrant workers in accordance with the Member States’
requirements and capacities;

5. Welcomes, given the emphasis in the communication on the immigration of skilled labour, a long-
term in-depth discussion on measures to mitigate negative effects (i.e. brain drain) and promote positive
effects (e.g. migrant participation in development projects, etc.) in the migrants’ home countries, as well as
the role of partnerships and Union programmes in this context; points out the importance of cooperation
and networks on labour market issues between regions inside and outside Member States;

6.
Regrets that the need for partnerships between the Union and countries of origin and transition,
though stressed by the Tampere European Council, has not been further developed in the communication,
calls for the Commission to include this in its work in the near future;

Notes, further, that, in the short term, immigration may well contribute to population growth and to
7.
offsetting sectoral labour shortages but that, in the long term, it cannot counter demographic shifts and
solve the problems 5 such as the maintenance of social security schemes 5 resulting therefrom;

Supports the right of long-term residents who are third-country nationals and lawfully resident in a

8.
Member State to freedom of movement and residence within the European Union;

Recalls that, pursuant to Rule 174(10) of its Rules of Procedure (Right of petition), citizens of third

9.
countries may lodge petitions;

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10.
Endorses the Commission’s view that a well-shaped Community immigration policy could counter-
act undeclared work and thus contribute to action against unemployment and promote stable, secure
employment; points out that undeclared work has a significant negative impact on public finances and
leads to the evasion of rules on health and safety at the workplace, agreements on working hours and
minimum wages and distorts cooperation between the social partners;

Stresses the need to take action against those who knowingly supply, employ and exploit illegal

11.
migrants;

Managing immigration

12.
Takes the view that the various historical, economic and social features in the individual Member
States make it impossible to lay down a uniform requirement in labour from third countries which would
cover the entire territory of the Union and that the Union has no powers in law in this field;

13. Welcomes measures to regulate freedom of travel for third-country nationals resident in the Union;

14.
Notes that immigrants are expected to respect the community of values 5 as set out in the EU
Charter of Fundamental Rights 5 and to show a willingness to integrate into society in the Member States,
but stresses that Member States are also obliged to respect the rights and freedoms of third-country
nationals; takes the view that integration into society in the Member States must be promoted;

Considers that, among integration measures, special emphasis should be placed on the various
15.
forms of political involvement and in particular the right of long-term residents to vote in local elections;

16.
Stresses that migrants’ countries of origin must be consulted on the ‘brain drain’ issue, while the
question of admission of students and researchers on the basis of our national needs and the interests of
the third countries should be addressed in parallel;

17.
Stresses, like the Commission, that EU legislation should 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;

Framework legislation at European level

Calls, therefore, on the Commission and Council to lay down uniform European framework legis-

18.
lation which covers at least:

(a)

the conditions governing entry and residence for migrant workers,

(b) a flexible, coherent concept for the issuing of visas,

(c) a graduated system of residence permits for migrant workers,

(d) mobility within the Union of third-country nationals holding a residence permit for one Member State

and the conditions for free movement of third-country nationals within the Union;

19.

Calls for Parliament to have a clear role in this process;

20.
Considers that current procedures do not allow the Union and its Member States to establish an
effective immigration policy in a democratic manner; calls for the introduction of democratic and trans-
parent decision-making processes, through the application of Article 251 of the EC Treaty to decisions in
this field;

Calls on the Commission to make use of the experience of the Member States who have taken in

21.
and integrated waves of immigrants in previous decades;

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22.
Calls on the Commission to issue a proposal for the introduction of a combined work and residence
permit for immigrants, allowing free movement within the Union while restricting in the short term the
right to live and work to a single Member State, for short-term residents;

23.
Endorses the Commission’s view that practical tools for recruitment from third countries are
needed; stresses that systems developed for this purpose should be non-bureaucratic, uncomplicated and
admit successful and quick recruitment; acknowledges the particular needs of SMEs for high-quality,
reliable information, training and support; proposes to examine both the development of the EURES net-
work and the development of effective schemes under the aegis of the Commission and involving the
social partners;

24.
Calls, therefore, for each Member State to retain the power to lay down, on the basis of its labour
market requirements, its demographic trends and its capacities for accommodating migrant workers, the
skills profile and the number of migrant workers that it requires; believes that national admission of
migrants should be based on indicative targets and a list of requested skills and qualifications identified
by the social partners and regional/local authorities on an ongoing basis;

25.
Asks the Council, the Commission and the Member States to take the appropriate measures to
ensure application of EU policies for the professional and social integration of migrant workers in particu-
lar for women, who face difficulties in entering the labour market;

26.
Expects the Council and Commission to take due account of the forthcoming enlargement and its
possible implications for Member States’ labour markets when drawing up its immigration policy and, as
accompanying measures, to work together with the countries of origin of potential migrants, informing
them of genuine employment prospects and requirements in the Member States, and to implement stra-
tegies to combat illegal immigration;

Calls on the Commission and Council to support social, statistical, economic, geographical, legal

27.
and political research in these areas, inter alia by establishing a European migration network;

28.
Calls on the Commission and Council to promote the foundation and operation of the European
Migration Network which will assist in creating a uniform registration system and producing reliable and
detailed data on migration;

29.
Stresses the importance of close links between an immigration policy and the Employment Guide-
lines; calls on the Commission to further discuss and develop how the Employment Strategy will be
effected by a Community immigration policy and how migrants will make a contribution in this area;

Hopes that an EU initiative will be launched for the purpose of supporting the efforts made by the

30.
countries of origin in order to encourage the return of skilled immigrants working in the EU;

Calls on the Commission to draw up a report on the impact which the forthcoming enlargement is
31.
likely to have on the movement of migrants to the enlarged European Union of the future and to include
in that report an analysis of the effects which applying the Schengen visa system would have on trade and
cross-border cooperation between the applicant countries and their neighbours to the east;

Fine tuning at national level

Calls on the Member States to gear authorisation for entry and residence in their territory to the
32.
requirements of their own labour markets, with the long-term objective of migrant workers becoming
integrated into local society;

Calls on the Member States to enforce strictly labour inspection rules and legislation outlawing

33.
worker exploitation in order to combat illegal employment;

34.
Stresses that the Member States should find solutions for immigrants who are residing illegally;
considers that the of Member States should also combat illegal employment and thwart the activity of
networks of traffickers;

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Wednesday 3 October 2001

35.
Expects, therefore, that, with a view to the successful integration of migrant workers, the Member
States will take account of the availability of a job, accommodation and educational opportunities for
children as a precondition for the issuing of residence permits;

36.
Urges the Member States to take decisions on authorisation of residence irrespective of the gender,
race, ethnic origin, religion or philosophy of life, disability, age or sexual orientation of the third-country
national concerned;

Urges the Member States, further, to fill job vacancies initially with third-country nationals already

37.
resident in the Member States and to recruit further migrant workers only as a fallback;

38.
Urges the Member States to devise information campaigns to heighten public awareness of the
phenomenon of immigration and the objectives of national and European policies, and to provide their
civil servants with information and training in legislation and European programmes in order to establish
more rational and efficient methods for the reception and integration of immigrants;

Urges each Member State, finally, to monitor immigration into its territory with the aid of a uni-
39.
form statistical system and to forward that data to the Commission annually so that it may monitor immi-
gration flows and assess the overall impact and put forward targets with a view to future approximation of
immigration laws;

40.
Stresses in this connection that databases on third-country nationals have been set up in a number
of Member States without any particular data protection being provided for; calls therefore for the data
protection provisions that apply to Member State nationals to be applied to third-country nationals as well;

*

*

*

Instructs its President to forward this resolution to the Council and Commission and to the parlia-

41.
ments of the Member States.

9. Arms exports

A5-0309/2001

European Parliament resolution on the Council’s Second Annual Report according to Operative
Provision 8 of the European Union Code of Conduct on Arms Exports (13177/1/2000 % C5-0111/
2001 % 2001/2050(COS))

The European Parliament,

5 having regard to the Council’s Second Annual Report according to Operative Provision 8 of the

European Union Code of Conduct on Arms Exports (13177/1/2000 5 C5-0111/2001) (1),

5 having regard to Article 3 of the Treaty on European Union, on consistency in the Union’s external

activities, and to Article 11, on the objectives of the Common Foreign and Security Policy,

5 having regard to the EU’s Development Declaration of May 2000 with its commitment to policy
coherence, including coherence between the EU’s policy on arms exports and the EU’s development
objectives,

5 having regard to the Guidelines on EU Policy towards third countries on torture and other cruel,

inhuman or degrading treatment as adopted by the General Affairs Council on 9 April 2001,

(1) OJ C 379, 29.12.2000, p. 1.