Communication from the Commission to the Council and the European Parliament to present an Action Plan for the collection and analysis of Community Statistics in the field of migration
Date: 2003-04-15
Institutions: European Commission
Subjects: EU migration policy, EU statistics, action programme, statistical method, statistics

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.4.2003
COM(2003) 179 final

COMMUNICATION FROM THE COMMISSION
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

to present an Action Plan for the collection and analysis of Community Statistics in the
field of migration

Executive Summary

On  1  May  1999,  the  Treaty  of  Amsterdam  entered  into  force.  One  of  the  Treaty’s
main objectives is the progressive establishment, within a transitional period of five
years, of an area of freedom, security and justice in the European Union. To that end,
inter alia,  asylum and  migration have become matters of Community  responsibility
under the new Title IV of the amended Treaty establishing the European Community
(Art. 63 TEC).

Following  the  establishment  of  Community  competence,  the  Commission  has  put
forward proposals  for  a Community asylum and migration  policy. The  objective of
this  Community  policy  will be  to ensure the more efficient management  of  asylum
and migration flows at all their stages. The policy is based on a two-step approach:
the  adoption  of  a  common  legal  framework  as  outlined  in  the  Treaty  and  the
development of an open co-ordination method to work in full complementarity and
synergy with other EU policies. In the field of asylum, the aim is the establishment of
a  Common  European  Asylum  System,  based  on  a  full  and  inclusive  application  of
the  1951  Geneva  Convention.  These  proposals  are  accompanied  by  additional
measures to combat illegal immigration, in particular the smuggling and trafficking
of human beings and to develop a readmission policy and a return policy.

In  addition,  Article  285  of  the  TEC  allows  the  Council  to  adopt  measures  for  the
production of statistics where necessary  for  the performance of the activities of the
Community. The Article requires conformity to standards of impartiality, reliability,
objectivity, scientific independence, cost-effectiveness and statistical confidentiality.

The  Council  in  its  28/29  May  2001  Conclusions  considered,  regarding  common
analysis and the improved exchange of statistics on asylum and migration, that there
is  a  need  for  a  comprehensive  and  coherent  framework  for  future  action  on
improving  statistics.  It  invited  the  Commission  to  submit  a  proposal  to  this  end,
taking into account principles and objectives given in an Annex to the Conclusions.

The purpose of this Communication is twofold.

1.

2.

Firstly  to  present  an  Action  Plan  that  is  already  underway,  aimed  at  the
development  and  improvement  of  Community  statistics  and  their  analysis  in
the field of asylum and migration.

Secondly,  a  discussion  is  proposed  about  the  form  and  main  principles  of
possible future legislation to underpin all statistical work in this field.

The Communication identifies progress made so far and identifies action needed on
the  part  of  the  Member  States  in  order  to  complete  the  activities  identified  in  the
Action Plan.

There  is  a  need  to  reinforce  the  exchange  of  statistical  information  on  asylum  and
migration  and  to  improve  the  quality  of  Community  statistical  collections  and
outputs  which  have,  hitherto,  taken  place  on  the  basis  of  a  series  of  “gentleman’s
agreements”.  A  co-ordinated  action  plan  and  future  legislation  will  enable  the
Community  effectively  to  formulate,  apply,  monitor  and  assess  the  policies  of  the
Community,  as  required  in  Article  1.  of  Regulation  322/97.  This  requirement

2

becomes  applicable,  with  the  introduction  of  Community  policies,  in  the  field  of
asylum and migration.

In addition, enlargement of the Union in 2004 will bring an added geographical and
political dimension to the scale of the phenomena associated with migration. It will
also  bring  a  further  impetus  to  the  demand  for  accurate,  timely  and  harmonised
statistical  information.  There  is  also  an  increasing  need  for  statistical  information
regarding the profession, education, qualifications and type of activity of migrants.

The Action Plan is designed to meet the current legal requirements and to implement
the  Council  Conclusions,  bringing  a  new,  proactive  and  dynamic  approach  to  the
Commission’s activities in this field. Several activities in the Action Plan are already
underway,  notably  in  the  initiation  of  ad-hoc  exchanges  of  views,  enhanced  co-
operation and the preparation of an  annual report.  However it is envisaged  that  the
bulk of activities (outlined in Annex I) shall run from 1 January 2003 to 1 January
2004 (to be developed and extended to 1 January 2005 covering the remainder of the
transitional  period  of  Article  67  EC  Treaty).  Future  proposals  for  legislation  on
statistics  will  be  based  on  providing  continuity  of  the  principles  which  lie  behind
work  undertaken  during  this  transitional  phase,  whilst  laying  a  clear  and
unambiguous foundation for future work in the field. At the heart of the Action Plan
is the political objective expressed in the Council Conclusions, that national asylum
and migration figures should become widely available once produced as Community
statistics  and  that  there  shall  be  a  common  analysis  at  Community  level.  As  this
objective pre-supposes the availability of reliable and comparable statistics, delivered
in  time  and  processed  in  accordance  with  a  common  statistical  methodology,  a
considerable  number  of  changes  to  current  practice  are  required  in  the  transitional
period  and  these  principles  should  be  at  the  core  of  any  future  legislation.  The
measures will apply to all statistical data collection, processing and dissemination in
the field of asylum and migration, including those actions taking place on a monthly,
quarterly and annual basis.

Thus, the Action Plan envisages

A. Adoption of new practices, common statistical methods and new forms of co-

operation.

This will lay the ground for future work which will have a legal basis;

B.

Activities to enhance information exchange and promote decision making.

This will include annual meetings and ad hoc seminars bringing together under
the  aegis  of  the  Commission  the  Member  States  and  other  providers  (the
Candidate  Countries,  Norway  and  Iceland),  other  relevant  actors  (UNHCR,
UNSD,  UNPD,  UNECE,  OECD,  ILO,  Council  of  Europe,  IOM,  IGC)  and
potential new providers;

C.

Changes in the current data collection or database

This  includes  the  extension  of  the  data  collection  to  include  data  on  legal
the
aentry  and  stay;  second  instance  asylum  decisions  and  data  on 
implementaiton  of  procedures,  criteria  and  mechanisms  for  deciding  which
Member State is responsible for the examination of asylum applications.

3

D.

Production of user-friendly statistical outputs by the Commission;

This  implies  the  production  of  a  variety  of  statistical  outputs  with  the  aim  of
meeting the needs of all groups of users of the statistics.

E.

Action relating to the legal and political framework

This  includes  the  adoption  of  Community  legislation  on  statistics  and  the
evaluation of the implementation of this Action Plan.

The European Refugee Fund and the budget line created by the European Parliament
for the Migration Observatory currently fund work in this field. The Action Plan will
result  in  a  substantial  increase  in  work  and  statistical  output.  Future  budgetary
arrangements may be revised.

The  current  and  new  migration  and  asylum  statistics  activities  described  in  this
Action  Plan  imply  considerable  work  on  the  part  of  the  Commission.  It  should  be
noted, however, that the success of these measures is, to a large part, dependent on
the active co-operation of the authorities in the  Member States and  other  countries.
Where national authorities fail to supply the relevant statistical data, the Commission
is unable to produce statistics to the appropriate levels of timeliness and quality.

1.

INTRODUCTION

This  Communication  presents  an  Action  Plan  to  develop  and  improve  Community
statistics  and  their  analysis  in  the  field  of  asylum  and  migration  and  introduces
discussion  about  the  possible  future  legal  basis  for  this  work.  Some  activities
contained in this Action Plan are already being implemented following consultation
with relevant national authorities. This Communication represents the formal launch
of this work. There is a need to improve the quality of Community statistical outputs
as  proposed  in  the  Council  Conclusions  regarding  common  analysis  and  the
improved  exchange  of  statistics  on  asylum  and  migration,  adopted  on  28/29  May
2001.

This Action Plan succeeds the 1998 Action Plan, on the basis of which the Statistical
Office of the European Communities, the Commission Directorate General Eurostat,
started collecting monthly statistics on asylum and illegal entry within the context of
respectively the CIREA1 and CIREFI2 Council working  parties. With  the extension
of the collections to the Candidate Countries and Norway and Iceland, the objectives
of the 1998 Action Plan have now been implemented.

The  Action  Plan  proposed  here  also  has  an  extended  scope,  incorporating  the  on-
going annual collection of migration statistics, which has, hitherto, taken place on a
voluntary  basis.  This  collection,  carried  out  jointly  by  the  Commission  with  the
United  Nations  Statistical  Division,  the  United  Nations  Economic  Commission  for

1

2

Centre  for  Information,  Discussion  and  Exchange  on  Asylum.  Following  a  decision  by  Coreper  on
6 March 2002, and in consultation with the Danish Presidency, CIREA has ceased to exist from 1 July
2002. The Commission has been entrusted  with the responsibility of taking over the tasks of CIREA.
For  this  purpose  it  has  created  a  new  expert  group  called  EURASIL  (EU  Network  for  asylum
practitioners).
Centre for Information, Discussion and Exchange on the Crossing of Frontiers and Immigration

4

                                                
TEurope, the  International Labour Organisation and the Council of Europe was not
covered by the 1998 Action Plan.

In drafting the Action Plan, the Commission has been guided by the different needs
of the providers and main users of the relevant collections. The providers of data, i.e.
the  Member  States,  acceding  and  candidate  countries,  Norway  and  Iceland,  need
timely  and  adequate  access  to  all  statistics  for  administrative  and  policy-making
purposes.  On  the  other  hand,  for  the  users,  i.e.  providers,  EC  Institutions  and  the
public in general, statistical information should give insight into the situations at EU
and national level, invite comparison and inform discussion on policy matters.

Hence  it  is  imperative  that  agreement  is  found  on  simple  and  effective  working
methods on delivery, exchange and dissemination of data and Community statistics.
It is essential that EU  wide  information  is available for  the purposes of  monitoring
the  development  and  implementation  of  Community  legislation  and  policy.  In  the
main,  current  practice  does  not  sufficiently  ensure  uniformly  regular,  timely  and
rapid delivery and dissemination of harmonised data, or public availability.

The activities contained in this Action Plan are highly dependent on the co-operation
of  the  relevant  national  authorities  participating  in  the  work.  Without  the  full  and
active involvement of national experts and data suppliers in the data collections, and
in  the  planned  activities  to  develop  and  monitor  these  data  collections,  the
Commission will be unable to ensure the successful outcome of this work.

In addition to the Council Conclusions, other documents and events have served as a
source.

The Swedish Presidency issued a questionnaire to the Member States and published
an analysis of the replies. It subsequently convened an expert meeting, preparing the
ground for the adoption of the Council Conclusions.

The Commission services (DG Justice and Home Affairs and DG Eurostat) brought
forward a staff working paper3 evaluating the practice resulting from the 1998 Action
Plan. The paper argued that:

(a)

the  collections  should  be  maintained  and,  where  necessary  extended  and  fine
tuned;

(b)

the comparability and availability of statistics improved; and

(c)

a reporting system be established in accordance with the needs of the Member
States  and  the  EC  institutions,  subject  to  finding  new  resources.  The  paper
further highlighted that the 1998 Action Plan did not cover legal entry statistics
and that the development of a common EU migration policy required migration
data which were not available from the existing annual data collection.

The Action Plan of the Council to combat illegal immigration and the trafficking of
human  beings,  following  the  Communication  on  a  common  policy  on  illegal

Commission staff working paper on the exchange of statistical information in the field of asylum and
migration (SEC(2001) 602).

5

– 

– 

– 

3

                                                
immigration4  indicates  the  need  for  statistical  estimates  and  indicators  to  be
developed. The Plan suggests using administrative hard data sources such as those on
refused entries, apprehensions, rejections and returns.

– 

– 

The  Commission  Communication  on  Financial  Instruments  in  the  field  of  asylum,
migration, control of external borders and co-operation with third countries, sets out
as a priority the improvement of the quality and exchange of statistical information
on  asylum  and  migration.  It  sees  this  improvement  as  essential  to  the  successful
operation  of  the  European  Refugee  Fund  and  the  European  Migration  Monitoring
Centre (which has now become known as the European Migration Network).

The  Commission  staff  working  paper,  Revisiting  the  Dublin  Convention5,  which
outlines the considerable problems faced in attempting to monitor the impact of the
Convention in the absence of adequate statistical information.

2.

ACTIVITIES FOR THE PERIOD 2002-2004

The  actions  mentioned  in  the  paragraphs  below  are  organised  in  Annex  I  in  five
Tables according to the type of activity envisaged

A. Adoption of new practices, common statistical methods and new forms of co-

operation.

This will lay the ground for future work which will have a legal basis;

B.

Activities to enhance information exchange and promote decision making.

This will include annual meetings and ad hoc seminars bringing together under
the  aegis  of  the  Commission  the  Member  States  and  other  providers  (the
Candidate  Countries,  Norway  and  Iceland),  other  relevant  actors  (UNHCR,
UNSD,  UNPD,  UNECE,  OECD,  ILO,  Council  of  Europe,  IOM,  IGC)  and
potential new providers;

C.

Changes in the current data collection or database

This  includes  the  extension  of  the  data  collection  to  include  data  on  legal
aentry  and  stay;  second  instance  asylum  decisions  and  data  on 
the
implementaiton  of  procedures,  criteria  and  mechanisms  for  deciding  which
Member State is responsible for the examination of asylum applications.

D.

Production of user-friendly statistical outputs by the Commission;

This  implies  the  production  of  a  variety  of  statistical  outputs  with  the  aim  of
meeting the needs of all groups of users of the statistics.

E.

Action relating to the legal and political framework

This  includes  the  adoption  of  Community  legislation  on  statistics  and  the
evaluation of the implementation of this Action Plan.

4

5

COM(2001) 672 final.
SEC(2000) 522

6

                                                
These  actions,  in  particular  actions  A,  B  and  C  will  be  closely  linked  with  the
development  of  the  European  Migration  Network  which  will  gradually  build  up  a
systematic  basis  for  monitoring  and  analysing  migration  and  asylum  by  covering  a
variety  of  its  dimensions  -  political,  legal,  demographic,  economic,  social  and
identifying its root causes. At present 10 national contact points of this network are
being set up, some of which may also act as the national contact points for statistics.

The  specific  network  could  serve  as  testing  ground  for  new  practices  and  methods
aiming  at  improving  co-operation,  exchange,  availability  and  comparability  of
information the field of migration and asylum. It has already become clear from the
initial stages of the implementation of these actions,  that  the  active  participation of
the Member States is crucial if the Action Plan is to be successfully implemented.

The final action will be an evaluation of progress made during the implementation of
the Action Plan and the drawing of conclusions for possible future co-ordinated work
on information and statistics in the field of asylum and migration.

2.1

Actions in light of the objectives and principles of the Council Conclusions

2.1.1

Transparency, confidentiality and sensitivity

The  Council  Conclusions  recall  the  principle  of  transparency  in  the  Tampere
Conclusions  and  state  that  statistics  in  the  area  of  asylum  and  migration  should  be
brought  in  line  with  the  rules  and  procedures  adopted  for  statistics  in  other
Community  policy  areas.  Consequently,  previous  restrictions  on  publication  have
now been replaced by rules and methods based on the need to avoid the disclosure of
confidential information about identifiable individuals.

The  appropriate  rules  are  laid  down  in  Council  Regulation  322/97  of  17  February
1997  on  Community  statistics6.  The  Regulation  provides  that  Community  statistics
shall  be  governed  by  inter  alia  the  principles  of  impartiality  and  statistical
confidentiality.  Impartiality  implies  the  availability  of  statistics,  with  a  minimum
delay,  to  all  users  (Community  institutions,  governments,  social  and  economic
operators,  academic  circles  and  the  public  in  general).  It  is  conditioned  by  the
obligation  that  data  used  by  the  national  authorities  and  the  Commission  for  the
production  of  Community  statistics  be  considered  confidential  when  they  allow
statistical  units  to  be  identified,  either  directly  or  indirectly,  thereby  disclosing
individual  information.  Protecting  the  confidentiality  of  the  individual  is  generally
the only acceptable reason for restricting publication of statistics.

In the particular case of asylum and migration statistics the Council Conclusions also
required due consideration to be given to demonstrable sensitivity concerns.

Consequently, two activities have being undertaken to ensure appropriate publication
of  Community  statistics.  The  first  is  the  implementation  of  rules  on  statistical
confidentiality  according  to  the  above-mentioned  obligation  in  the  Council
Regulation.  These  new  rules  are  based  on  good  statistical  practice.  The  second
activity is the implementation of a common interpretation of demonstrable sensitivity
concerns  relating  to  recent  data  on  enforcement  measures.  The  Commission
consulted providers at the expert working group on asylum and immigration statistics

6

OJ L 52, 22.2.1997, p. 1-7.

7

                                                
held  in  Luxembourg,  November  2001  on  the  necessary  changes  to  the  publication
rules  that  these  actions  entail.  Further  discussion  on  these  revised  publication  rules
took place in CIREA and CIREFI working groups of the Council late in 2001.

The  new  publication  rules  for  Community  statistics  based  on  the  monthly  data
collections on asylum and illegal migration enforcement measures (formerly referred
to as the CIREA and CIREFI data collections) are as follows:

–  Monthly  and  annual  reports  and  quarterly  summary  reports  on  asylum  and
migration  Community  statistics  will  be  made  available  to  the  public
immediately after production. The reports will be placed on Commission web
sites open to the public. The statistics will be placed on New Cronos, the on-
line statistical dissemination database

– 

In the case of illegal entry and enforcement measures, only annual Community
statistics  will  be disclosed.  In  recognition  of  the  concerns  expressed  by  some
national  authorities  about  the  potential  for  mis-use  of  these  statistics,  recent
monthly  or  quarterly  statistics  on  illegal  entry  shall  not  be  available  to  non-
official  users.  However,  monthly  or  quarterly  statistics  that  are  at  least
12 months old may be made available to non-official users.

As an  additional safeguard  to  protect  individual  confidentiality,  these  statistics  will
be rounded to the nearest five before publication. This is a standard statistical method
and is used in several Member States for the publication of this type of statistic.

As  the  new  publication  rules  have  been  extensively  discussed  with  Member  State
authorities over the past 15 months, they are being introduced with immediate effect.
The  new  publication  rules  will  be  applied  immediately  to  national  data  relating  to
January 2002 onwards7. Data for 2001 and earlier years continued to be subject to the
previous publication rules during 2002. However, the new publication rules will be
applied  to  these  earlier  data  with  effect  from  the  beginning  of  2003  -  i.e.  when  all
such data are at least 12 months old.

Publication  will  automatically  take  place  after  expiry  of  the  deadlines  for  Member
States to deliver data to the Commission8

2.1.2.

Rapid electronic dissemination of all reports

The  Council  Conclusions  call  for  the  introduction  of  electronic  dissemination  of
monthly statistics to ensure a quick exchange of information between the appropriate
authorities providing data and the Commission.

Electronic  dissemination  will  satisfy  the  provider’s  need  to  keep  some  of  the
information in a secure  environment, while it  would  also  allow  direct  access to the
database or some of the tables by the designated governmental users (statistical units
in Ministries of Justice, Interior or Foreign Affairs).

7

8

Consequently,  documents  outlining  the  definitions  for  the  asylum  and  illegal  entry  data  collections
developed in the context of CIREA and CIREFI in the late nineties shall also be publicly available as of
that date.
When disclosing Community statistics, through the Community database “New Cronos” or in an annual
statistical  report,  Eurostat  will  of  course  flag  statistics  which  are  considered  an  estimate  or  liable  to
revision by providers.

8

                                                
As of January 2003 the Commission has been producing in electronic format:

– 

short  monthly  reports  (around  10  pages),  containing  basic  tables  and  graphs
giving results for the most recent month, together with time series allowing a
comparison with earlier months. The format and structure of the reports will be
designed to ensure that they are simple to open, print and circulate. There will
be  a  separate  series  of  reports  for  asylum  and  illegal  entry  data,  and  within
these  series,  separate  reports  for  the  European  Union  and  for  the  Candidate
Countries,  Iceland  and  Norway.  The  first  monthly  reports  on  asylum  for
September  –  November  2002  have  been  prepared  and  distributed  to  data
suppliers. The report for December 2002, containing rounded figures for public
consumption will be placed on the appropriate Commission website(s).

– 

quarterly  summary  reports.  Quarterly  summary  tables  and  graphs  will  be
included in the monthly reports at the end of each quarter.

The reports will be released as soon as possible after the end of the reference period9.
Due  to  the  need  to  publish  statistics  in  a  timely  manner,  it  will  not  be  possible  to
delay publication where national data have not been supplied to the agreed deadlines.
The first monthly reports on CIREFI data have been prepared and distributed to data
suppliers.

2.1.3

An EU annual report on asylum and migration

The Council Conclusions provide that to stimulate the political debate on the nature
of  asylum  and  migration  and  the  consequences  for  Community  policy  and
legislation, as soon as possible an annual public report should be produced based on
statistical  information.  The  report  would  contain  data  on  asylum,  illegal  entry  and
from  the  annual  migration  data  collection,  including  data  from  candidate  and  other
countries, and a statistical analysis of trends and indicators. If possible, it should also
include statistical data from asylum appellate bodies.

While  monthly  reports  and  quarterly  summaries  provide  a  basic  statistical
comparison,  leaving  it  up  to  the  reader  to  develop  further  analysis,  annual  reports
should  satisfy  the  demands  for  a  meaningful  and  thorough  analysis  of  statistical
developments in asylum and migration flows and  the  implementation of policies at
national and EU level.

The structure of the first public annual report, on the situation in 2001, was approved
following an expert meeting on 17 June 2002. Questionnaires were sent out to data
providers in the Member States, Candidate Countries and Norway and Iceland. The
information received in response to this  questionnaire  forms  the  basis  of  the  report
which  shall  be  finalised  in  close  co-operation  with  the  data  providers.  It  will  be
prepared for publication as soon as possible in 2003.

For this first annual report, the delivery of figures relating to appeals in asylum cases
is  optional  and  little  information  has  been  received.  However,  as  the  Council
Conclusions called for the inclusion of statistical data from asylum appellate bodies,
the Commission shall lead a taskforce with 5 Member States to investigate into the

9

This means that, for example, the monthly report on January will be released at the end of March. The
quarterly summary report for July to September will be released at the end of November.

9

                                                
availability of this kind  of data.  A  discussion  with  appellate  bodies  shall  precede  a
decision to extend the data collection (see under 2.1.5).

The annual report on asylum and migration will constitute an important input to the
European Migration Network database.

This first exercise has been a clear reminder of the inter-dependence of the Member
States  and  the  Commission  in  the  preparation  of  such  outputs.  There  remain
significant  gaps  in  the  information  supplied  to  the  Commission,  which  have
contributed to delays in the production of the report.

2.1.4. Ways and means of regular consultation

The  Council  Conclusions  call  for  the  development  of  ways  and  means  to  facilitate
regular consultation and exchange of statistical information between the appropriate
authorities  providing  data  and  the  Commission.  As  has  been  noted  above,  this
process  of  consultation  and  active  co-operation  is  essential  to  the  success  of  the
Commission’s activities in this field.

One  of  the  ideas  suggested  during  the  expert  meeting  convened  by  the  Swedish
Presidency  is  that  a  secure  internet  web-site  should  be  developed  as  a  means  to
facilitate more  consultation. The website  would have two functions:  documentation
and  discussion.  It  would  facilitate  regular  exchange  of  statistical  information  and
analysis  at  working level  and  enhance  the  ability of authorities to share  knowledge
and  expertise  on  national  developments  concerning  administrative  sources,  data
collections,  databases,  the  contents  and  quality  of  statistical  outputs  etc.  The
Commission intends to develop such a secure facility in the form of a CIRCA web-
site. Efforts will be made to avoid duplication of  work and overlap of  content with
the other CIRCA web-sites currently being developed e.g. EURASIL.

The  specific  web-site  could  be  extended  to  cover,  in  addition  to  statistics,  other
categories of information as they have been identified in the context of the European
Migration  Network  to  cover  legislation,  policy,  demographic,  economic  and  social
aspects of the phenomenon of migration and asylum.

Regular  consultation  among  statistical  experts  shall  also  be  facilitated  by  the
Commission through:

– 

– 

Contact  officers  responsible  for  answering  queries  on  migration  and  asylum
statistics.  Each  state  participating  in  the  collection  will  be  requested  to
establish  a  single  national  reference  point  within  a  central  authority10.  This
contact  officer,  preferably  at  senior  level,  would  be  responsible  as  the  sole
interlocutor for the exchange of information between his or her administration
and the Commission in the field of statistics. They may, or may not also be the
national contact for the EMN.

Annual  expert  meetings  dealing  with  technical  matters  and  preparing  the
ground  in  matters  pertaining  to  the  exchange  of  statistical  information  on
migration and asylum. The Commission will chair the meetings and invite  all

10

Introducing a sole interlocutor vis-à-vis the Commission does not pre-empt Member States from having
several statistical experts working on different data collections.

10

                                                
providers  and  other  relevant  actors  (notably  UNHCR,  UNECE,  ILO,  Council
of Europe, OECD, and IGC).

2.1.5

Improving co-operation with other actors and providers

The Council Conclusions state that to avoid duplication and increase efficiency and
comparability  of  statistics,  co-ordination  and  co-operation  among  authorities
providing  data,  the  Commission  and  other  relevant  actors,  including  international
organisations, should be further developed, inter alia through a network of statistical
experts.

The co-operation with international organisations shall be reinforced through regular
contacts  at  working  level.  Yet  it  must  be  recognised  that  there  are  different
organisational  approaches  to  statistics.  While  co-operation  can  begin  with  sharing
information  about  formats  and  developments  on  the  collection,  dissemination  and
analysis  of  statistics  within  each  of  the  organisations,  it  must  respect  these
differences.  Once  co-operation  has  further  developed,  e.g.  through  joint  projects  or
questionnaires, a more formal  agreement could form the basis for a more structural
approach.

As regards co-operation with other countries the Commission shall:

– 

– 

– 

– 

– 

– 

Fully  involve  Acceding  Countries  in  conformity  with  the  rules  applicable,
bearing in mind their particular needs, the need to take account of a new and
emerging migration regime in Central Europe and in full awareness of resource
constraints

fully  and  appropriately  inform  Candidate  Countries  and  Norway  and  Iceland
of  further  developments,  given  that  they  are  data  providers  and  share  in  the
data collection;

review  the  possibilities  for  improving  the  exchange  of  statistical  information
with  the  United  States  and  Canada  in  the  interest  of  developing  the
Transatlantic Dialogue in the field of asylum and migration;

examine possible co-operation with Switzerland that already participates in the
Commission's annual collection of migration statistics;

continue  work  under  the  MEDSTAT  programme  to  assist  the  Mediterranean
partner  countries  in  the  development  of  systems  for  the  production  and
dissemination of good quality harmonised statistics on migration and asylum;

consider ways of improving  co-operation in this domain with other countries,
in  particular  those  that  have  significant  migration  flows  to  or  from  the
European Union.

Finally, it is important to organise ad hoc expert meetings and seminars to consult all
participants  on  particular  issues.  The  Commission  shall  use  this  method  when  the
objective  is  to  introduce  new  Community  statistics  or  to  address  co-operation  with
new actors.  Operational conclusions  should  provide  guidance  on  further  action  and
the appropriate ways and means.

11

The  Commission  shall  organise  such  meetings  as  appropriate.  Probable  themes
include:

– 

– 

– 

Administrative  co-operation  between  Ministries  and  National  Statistical
Offices in this area. It is in the interest of all parties to improve the quality of
information on the scale and nature of movement of persons.

Collection  of  asylum  appeal  data.  Following  an  initial  investigation  into  the
possibility to extend the asylum data collection to data on appeals, a discussion
between  providers  of  first  instance  data  and  second  instance  data  on  co-
ordination will be organised.

Co-operation  with  other  actors  producing  statistics  in  this  area.  Formats  and
general approaches will be compared and the potential for co-operation, e.g. in
the form of joint projects or questionnaires, examined.

–  Ways  and  means  to  improve  the  quality  of  administrative  sources  for  asylum
and  migration  statistics  (population  registers,  visa  and  border  card  systems,
records  of  issue  and  withdrawal  of  residence  permits).  It  is  important  to
develop  long  term  strategies  to  increase  the  reliability  and  accuracy  of  these
systems.

The  general  background  to  these  meetings  and  seminars  will  include  the  need  to
encourage moves towards greater quality and harmonisation in both the existing and
the new migration and asylum statistics activities.

2.2

Other actions to improve the data collection and dissemination

2.2.1 Modification of the collection and its definitions

The Council Conclusions do not address the scope of the current data collection. The
emphasis  in  the  discussion  during  the  Swedish  Presidency  was  laid  on  better
implementation:  strengthening  the  common  capacity  for  analysis,  improving  the
reporting  system  and  the  co-operation  between  all  relevant  actors.  Moreover,  it  is
stated  in  the  Conclusions  that  the  present  definitions  used  for  the  collection  of
Community statistics are to be maintained until forthcoming Community legislation.

The  Commission  proposes  that  further  modification  of  the  existing  asylum  and
illegal entry collections be only:

(cid:1)  examined  after  the  adoption  of  Community  legislation  on  asylum  and  migration

on the basis of Article 62 and 63 EC Treaty;

(cid:1)  Effected once such above-mentioned legislation is in force.

An exception is justified for the extension of the collection to asylum appeals.

As  to  the  adoption  of  the  Regulation  to  replace  the  Dublin  Convention  the
Commission shall take over the collection of administrative data on its application in
the Member States from the Council Secretariat in order for it to fulfil its role under
the  Treaty 
legislation.  The
Commission  shall  subsequently  propose  a  new  data  collection  on  the  basis  of  the
Regulation.

implementation  of  Community 

to  monitor 

the 

12

2.2.2

Introduction of a legal entry data collection

The situation is different where migration data is concerned.

At  present  the  Commission  collects  annual  data  on  migration  directly  from  the
National  Statistical  Institutes  in  co-operation  with  the  United  Nations  Statistical
Division,  the  United  Nations  Economic  Commission  for  Europe,  the  International
Labour Organisation and the Council of Europe This collection includes not only the
Member States but also the EEA countries, the Candidate Countries, Switzerland and
some other central and eastern European countries and Israel.

However,  due to the  annual nature  of  the  present  migration  data  collection  and  the
widely  differing definitions used, the figures do  not  give  information  about  current
trends  and  are  of  little  use  for  developing  and  implementing  policy.  The  existing
statistical information cannot therefore provide the information infrastructure needed
to  effectively  monitor  and  evaluate  a  Community  immigration  policy.  This  was
recognised by the European Parliament in its Resolution on family reunification.

The  Commission  commissioned  a  study  on  the  availability  in  Member  States  of
statistics  on  legal  entry  and  stay  of  third  country  nationals  by  different  categories
(such  as  employment,  studies/vocational  training  etc),  by  different  characteristics
(citizenship, age etc) both for requests and issues of permits. Following receipt of the
findings of this study, the Commission has led a taskforce with 5 Member States to
prepare the introduction of a legal entry data collection at EU level. Proposals for the
content  of  this  data  collection  are  attached  at  Annex  II.  A  pilot  Project  will  be
launched early in 2003, with up to 6 participating states.

2.2.3.

Adapting the collection to the needs of non-governmental users

A number of more technical actions need to be undertaken to improve the access to
and the user friendliness of the data such as:

– 

– 

– 

– 

The  collection  of  missing  and  corrected  historic  data  on  asylum  and  illegal
entry;

The publication of statistical outputs on a website of the Commission;

The introduction of a standard report on frequently asked questions on asylum
and migration statistics on this website;

Access to all Community statistics in this area through New Cronos, the on line
dissemination database.

2.3

Legislation

The Commission envisages proposing legislation relating to  the supply of monthly,
quarterly  and  annual  asylum  and  migration  statistics,  from  national  administrative
and  statistical  sources.  This  would  offer  legal  certainty  and  predictability  for  all
parties  involved.  Given  the  sensitivity  of  the  subject  area  and  the  complicated
methodological questions involved, it is the current intention that a Draft Framework
Regulation  will  be  prepared  to  provide  the  legal  basis  for  the  general  activities
associated  with  the  production,  supply,  collection,  processing  and  dissemination  of
Community  statistics  in  the  field  of  asylum  and  migration.  Future  legislative

13

instruments  introduced  under  this  framework  would  set  out  the  precise  definitions
and  variables  in  the  data  collections,  according  to  existing,  new  and  forthcoming
legislation  on  asylum  and  migration.  The  terms  and  definitions  used  in  the  data
collection would reflect those used in the relevant legislation.

2.3.1

Scope

The scope of the legislation will be monthly, quarterly and annual statistical data on
asylum and migration. The sources to be used will be administrative and permit data,
censuses  and  surveys.  The  national  institutions  concerned  will  be  the  relevant
Ministries  of  the  Interior,  Justice  and  Employment  and  the  National  Statistical
Institutes.  The  statistical  information  to  be  included  in  the  regulation  will  be  the
subject of consultation with data suppliers and users.

The  starting  point  for  these  discussions  will  be  the  existing  and  planned  migration
and asylum data collections as outlined in Annex II of this Communication.

The  aim  will  be  to  establish  a  regular,  timely  collection  of  national  statistics,
according  to  harmonised  definitions,  in  order  that  Community  statistics  might  be
processed, analysed and disseminated by the Commission in an equally regular and
timely fashion, on a monthly, quarterly and annual basis. An important starting point
for  the  development  of  harmonised  definitions  for  migration  and  asylum  statistics
will  be  the  definitions  contained  in  the  United  Nations  Recommendations  for
Statistics on International Migration (Revision 1).

2.3.2

Procedure

Alongside  the  importance  and  urgency  of  the  need  to  establish  a  comprehensive
legislative  framework,  lies  the  sensitivity  of  this  topic  and  the  great  differences
between  Member  States  in  terms  of  the  existing  national  statistical  methodologies
and  definitions.  Therefore,  extensive  consultation  is  planned.  The  technical  and
methodological discussions will take place with data suppliers and users during 2003
and  will  inform  the  preparation  of  draft  legislation.  Based  on  this  consultation,  the
Commission’s  aim  is  to  make  a  formal  proposal  for  a  framework  regulation  at  the
end of 2003.

14

3.

RECOMMENDATIONS

The Commission:

– 

– 

– 

Invites 
Communication;

the  Council 

to  endorse 

the  Action  Plan  presented 

in 

this

Calls for greater efforts on the part of the Member States to deliver data on a
timely  basis  to  the  Commission  and  to  assist  with  the  preparation  of  its
statistical outputs;

Calls  on  the  Member  States  to  prioritise  participation  by  their  experts  in  the
forthcoming  Task  Force (see  Annex  I) and relevant technical discussions  and
consultations  on  the  preparation  of  the  proposal  for  a  legislative  base  to  the
collection, processing and dissemination of Community asylum and migration
statistics.

15

ANNEX I

ACTION  PLAN  COVERING  THE  PERIOD  2002  -  2004  FOR  THE  COLLECTION  AND  ANALYSIS  OF  COMMUNITY  STATISTICS  IN  THE  FIELD  OF
MIGRATION

Objective

Action

Time frame

Results

Activity A. Adoption of new practices, common statistical methods and new forms of co-operation

Transparency

Common rules on statistical confidentiality

(privacy of the individual)

Common rules on demonstrable sensitivity concerns

Following consultation  with data providers on
the  revision  of  publication  rules  at 
the
7 November  2001  expert  meeting  and  at
CIREA / CIREFI working parties during 2001

Incremental  implementation  by  the  Commission  of
common  publication  rules  on  asylum  and  international
migration  statistics  during  2002.  Full  implementation
started in January 2003

Full  implementation  of  new  rules  by  January
2003.

Full  implementation  by  the  Commission  of  electronic
reports  and  quarterly
dissemination  of  monthly 
summaries  of  asylum  and 
international  migration
statistics started in January 2003

Commission evaluation paper by the end of 2004

Electronic Dissemination

Electronic  exchange  of  data  and  statistical  outputs
between data providers and the Commission

Co-operation

Co-operation  with  UNHCR  and  IGC  on  asylum
statistics

Following consultation  with data providers on
the  revision  of  the  reporting  system  at  the
7 November 
meeting,
establishment  of  regular  working  contacts  as
of January 2003

expert 

2001 

Publication in this Communication

Following 
Commission/UNHCR/IGC 
2002

a 

joint 

meeting
late  November

Examine  possibilities  for  joint  questionnaires
and joint projects

16

Objective

Action

Time frame

Results

Co-operation with the United States and Canada

Commission  document 
in  2003  after  an
exchange  of  views  with  United  States  and
Canada

Examine possibilities to share data between the EU and
the United States and Canada

Co-operation with Switzerland

Commission  document 
exchange of views with Switzerland

in  2003  after  an

Examine possibilities to share data between the EU and
Switzerland

Improvement of data quality and verification

Commission document in 2003

Implementation  of  a  common  approach  before  the
second edition of the public annual report.

Common  approach  to  the  revision  and  correction  of
data in all Eurostat asylum and migration databases;

And to ensuring their timely publication

Development  of  policy  sensitive 
estimates

indicators  and

A scientific study to be commissioned in 2003

Production  of  estimates  and  indicators  for  the  Eurostat
database, monthly reports and the annual report

17

Activity B. The enhancement of information exchange and the promotion of decision making

Objective

Action

Timeframe and results

Establish  regular  working  contacts,
annual  meetings  of  experts  and
regular exchanges of views

Establish  a  network  of  contact  officers  in  Member  States  and  in  the  Commission,  to  be  responsible  for
queries and regular working contacts between the Member States and the Commission

In place by March 2003

Establish  a  CIRCA  restricted  access  web-site  for  the  exchange  of  information  relating  to  migration  and
asylum statistics

In place by March 2003

Annual expert meeting for providers and the Commission

On-going each autumn

Co-operation with other actors producing statistics on asylum (including UNHCR and IGC)

Meeting held late November 2002

Second Task Force on legal entry statistics

Task  force  to  discuss  proposals  for  statistical  legislation  on  migration  and  asylum.  Subsequent  and  on-
going written consultation on technical matters, with data providers and users

July 2003

June 2003

Task force on ways of improving administrative co-operation between Ministries and National Statistical
Offices  on  asylum  and  migration  statistics.  Recommended  future  activities  may  include  a  seminar  or
conference late in 2004

Task Force early 2004

Exchange via contact points  for appeal bodies, National Statistical Institutes  and  asylum  administrations
on the possible extension of the asylum data collection to second instance and subsequent decisions

Task Force - November 2003

Ways and means to improve the quality of administrative sources for asylum and migration statistics

Task Force 2004

Seminars and conferences

Seminars and meetings of experts from national administrations, international organisations, Community
institutions  and  academia  to  promote  the  production  and  dissemination  of  good  quality  statistics  on
migration and asylum; to address common related problems and opportunities for development.

18

required 

As 
available budgetary resources

and 

according 

to

Objective

Action

Time frame

Results

Activity C. Changing the data collections and databases

To increase  the  policy  relevance  and  use  of
the databases

Introduction  of  a  data  collection  on
legal entry (permit data)

second 

Introduction  of  a  data  collection  on
(initially) 
instance  asylum
decisions  with  a  view  to  developing  a
system  of  collecting  data  on  final
decisions

Introduction  of  a  data  collection
relating to the criteria and  mechanisms
for  deciding  which  Member  State  is
responsible  for 
the  examination  of
asylum applications

Update  historical  data  and  make
publicly  available  an  historical  set  of
statistical outputs

of 

validation
Introduction 
procedures,  linked  to  the  updating  of
the annual report

data 

Pilot data collection in a few countries
during  2003,  based  on  outcome  of
feasibility  study  and  September  2002
task force meeting

Preparation  of  a  proposal  for  a  data  collection  on  legal
entry to begin in 2004

Task  force  led  by  Commission  to
prepare a document in 2003

Preparation  in  late  2003  of  a  proposal  for  amending  or
extending the asylum data collection to  include  data  on
second instance decisions

to 

Commission 
a
questionnaire  to  the  Member  States,
Norway and Iceland in 2003

send 

out 

Commission  to  prepare  a  document  in
2003, taking into account the replies to
the  questionnaire  and  in  parallel  with
the  negotiations  on 
the  Dublin
Convention document

to 

out 

send 

a
Commission 
questionnaire  to  providers  in  2003,  to
follow-up gaps shown up in the annual
report and in the responses to  all  three
Eurostat questionnaires

Preparation  during  2003  of  a  proposal  for  a  data
collection  after  adoption  of  a  Council  Regulation
establishing the criteria and mechanisms for determining
the Member State  responsible  for  examining  an  asylum
application  lodged  in  one  of  the  Member  States  by  a
third country national

on: 

An  annual  process  of  updating  and  completing  the
databases 
asylum;
administrative  data  on  applications  for  and  issues  of
permits;  return  and  the  implementation  of  enforcement
measures

international  migration; 

19

Activity D. Production of user-friendly statistical outputs by the Commission

Objective

Action

Time frame and results

the
Promotion  of 
Commission and the wider use of statistical
outputs

the  activities  of 

Preparation  by 
monthly 
quarterly summaries

electronic 

the  Commission  of
and
reports 

Full implementation took place in January 2003

the 

Including 
and
updating  of  electronic  dissemination
networks

improvement 

Annual reports

the  Commission 

Preparation  by 
in
close  co-operation  with  data  providers
of  the  report  on  the  first  annual  report
on asylum and migration

the  Commission 

in
Preparation  by 
close  co-operation  with  data  providers
for  the  report  on  2002  asylum  and
migration statistics

the  Commission 

in
Preparation  by 
close  co-operation  with  data  providers
for  the  report  on  2003  asylum  and
migration statistics

Statistical  Factsheet  for  the  general
public on asylum and migration

Commission documents on the time schedule, structure and a uniform format for a country profile
were  discussed  at  the  7th  November  2001  expert  meeting  and  at  an  ad  hoc  meeting  on  17th  June
2002.  Significant  delays  to  this  timetable  have  occurred  in  the  production  timetable,  because  of
gaps in the data supplied by the Member States and in human resources to produce the publication.

The first annual report will be adopted by the Commission and published in electronic format

To start in the spring of 2003

To start in the spring of 2004

Preparation by the Commission during first quarter 2003

Overview statistical tables will be available on a Commission website from April 2003.

Factsheets are in preparation

20

Activity E. The establishment of a sound and comprehensive legal and political framework

Objective

Action

Time frame

Results

Preparation  of  proposals  for  framework
legislation  on  statistics  in  the  field  of
asylum,  entry  and  immigration  (current,
proposed and future data collections)

Informal  and  written  consultation  with
data suppliers during 2003, including a
Task Force on legislative proposals

Activities  to  take  place  throughout
2003

Commission Proposal for a Regulation to be presented at
the end of 2003

Data  collections  to  be  adjusted  to  the
newly adopted Community legislation

Preparation  of  the  “Illegal  entry”  data
collection

Commission  document  after  adoption
of  all  Community 
instruments  on
illegal entry and border controls on the
basis of Article 62 and 63 EC Treaty

All collections and statistical definitions brought in line
with the Community legislation at its date of  entry  into
force.  Where  appropriate,  changes  integrated  into  the
statistical legislation e.g. through Comitology

Preparation  of 
collection

the 

asylum  data

all 

Commission  document  after  adoption
of 
stage  Community
instruments  on  asylum  on  the  basis  of
63(1) and (2) EC Treaty

first 

Preparation  of  the  legal  entry  data
collection

Commission  document  after  adoption
of  all  Community  instruments  on  the
basis of 63(3) and (4) EC Treaty

Full implementation of the Action Plan

Evaluation of the progress made during
the implementation of the Action Plan

Commission 
to  request  a  Progress
report  by  an  independent  evaluating
authority early 2005

Commission  and  Council  to  draw  conclusions  on  the
report  in  2005  for  possible  future  work  on  statistics  in
the field of asylum and migration

21

ANNEX II

The following statistical data collections are either already in place (Collections A-C below),
under  development  (collection  D)  or  anticipated  (collection  E).  The  exact  content  of  the
collections  to  be  covered  by  the  proposed  legislation  will  be  decided  in  consultation  with
Commission  services  and  national  data  suppliers.  There  is  an  increasing  need  for  statistical
information  regarding  the  profession,  education,  qualifications  and  type  of  activity  of
migrants and for a breakdown by sex and age. Ways of including this information within the
data collections covered by the legislation will also be the subject of consultation.

A.

ANNUAL COLLECTION OF STATISTICS RELATING TO MIGRATION AND ASYLUM

– 

– 

– 

– 

– 

– 

– 

– 

– 

Long-term immigration by country of last residence and sex

Long-term immigration by citizenship, age and sex

Long-term emigration by country of next residence and sex

Long-term emigration by citizenship, age and sex

New asylum applications by citizenship and type of application

Asylum decisions by citizenship and type of decision

Acquisition and loss of citizenship

Population by citizenship, age and sex

Population by country of birth and sex

–  Workers by citizenship, sex and age group

–  Workers by economic activity (2-digit NACE), broad group of citizenship, and

sex

–  Workers by citizenship and region (NUTS II level)

–  Workers  by  economic  activity  (1-digit  NACE,  Rev.  1),  broad  group  of

citizenship and region (NUTS II level)

–  Main characteristics of the active population by broad group of citizenship, age

group, sex and employment status

B.

MONTHLY DATA COLLECTION ON ASYLUM

– 

– 

– 

– 

New asylum applications by citizenship and type of application

Asylum decisions by citizenship and type of decision

Rejected asylum applicants returned by citizenship

Asylum applications by unaccompanied minors by citizenship and type

22

– 

Grants of temporary protection

C.

MONTHLY  DATA  COLLECTION  ON  ENFORCEMENT  MEASURES  RELATING  TO
ILLEGAL MIGRATION

– 

– 

– 

– 

– 

Refused aliens by citizenship and type of border

Apprehended aliens illegally present by citizenship and type of border

Apprehended facilitators by citizenship

Apprehended facilitated aliens by citizenship and type of border

Removed aliens by citizenship and type of border

D.

ANNUAL  DATA  COLLECTION  ON  THE  LEGAL  MIGRATION  AND  STAY  OF  NON-EEA
CITIZENS

– 

– 

Residence permits issued, by sex, citizenship, duration, and reason for issue

Stock  of  valid  residence  permits  (issued,  not  withdrawn  and  not  expired)  by
sex and citizenship

– 

Long-term legally resident population by sex and citizenship.

E.

STATISTICS ON THE CRITERIA AND MECHANISMS FOR DETERMINING THE MEMBER
STATE RESPONSIBLE FOR EXAMINING AN ASYLUM APPLICATION LODGED IN ONE OF
THE MEMBER STATES BY A THIRD COUNTRY NATIONAL.

Variables  and  tables  to  be  decided  following  consultation  with  data  providers  and
users.

23