Opinion of the Committee of the Regions on the communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on immigration, integration and employment
Date: 2004-02-11
Institutions: European Committee of the Regions
Subjects: EU migration policy, employment policy, immigration, integration of migrants

C 109/46

EN

Official Journal of the European Union

30.4.2004

Opinion of the Committee of the Regions on the ‘communication from the Commission to the
Council, the European Parliament, the Economic and Social Committee and the Committee of the
Regions on immigration, integration and employment’

(2004/C 109/08)

THE COMMITTEE OF THE REGIONS,

Having regard to the Communication from the Commission to the Council, the European Parliament, the
Economic and Social Committee and the Committee of the Regions on Immigration, Integration and
Employment, COM(2003) 336 final;

Having regard to the Commission Staff Working Paper on the Extended Impact Assessment on the
Communication on Immigration, Integration and Employment (COM(2003) 336 final) SEC(2003) 694;

Having regard to the decision of the Commission of 3 June 2003 to consult it on this subject, under the
first paragraph of Article 265 of the Treaty establishing the European Community;

Having regard to the decision of its President of 19 March 2003 to instruct its Commission for Economic
and Social Policy to draw up an opinion on this subject;

Having regard to the Nice European Council Conclusions of 9 December 2000;

Having regard to the Conclusions of the European Council in Seville on 21 and 22 June 2002;

Having regard to the Conclusions of the European Council in Tampere on 15 and 16 October 1999;

Having regard to the Conclusions of the Lisbon European Council on 24 March 2000;

Having regard to its Opinion on the Amended Proposal for a Council Directive on the right to family
reunification (CdR 243/2002 fin) (1);

Having regard to its Opinion on the Communications from the Commission on a common policy on
illegal immigration (COM(2001) 672 final) and on an open method of coordination for the Community
immigration policy (COM(2001) 387 final) adopted on 16 May 2002 (CdR 93/2002 fin) (2);

Having regard to its Opinion on a Community immigration policy and a common asylum procedure (CdR
90/2001 fin) (3);

Having regard to its Opinion on the Proposal for a Council Directive concerning the status of third-
country nationals who are long-term residents (CdR 213/2001 fin) (4);

Having regard to its Opinion on the Proposal for a Council Directive laying down minimum standards for
the reception of asylum seekers (CdR 214/2001 fin) (5);

Having regard to its Opinion on the Proposal for a Council Directive on the conditions of entry and resi-
dence of third-country nationals for the purpose of paid employment and self-employed economic activ-
ities (CdR 386/2001 fin) (6);

Having regard to its Opinion on the Proposal for a Council Directive on the conditions of entry and resi-
dence of third-country nationals for the purposes of studies, vocational training or voluntary service
(COM(2002) 548 final) (CdR 2/2003 fin) (7);

Having regard to the Communication from the Commission on integrating migration issues in the Euro-
pean Union's relations with third countries (COM(2002)703 final);

Having regard to its Opinion on the process of drawing up a Charter of Fundamental Rights of the Euro-
pean Union (CdR 327/99 fin) (8);

(1) OJ C 73, 26.3.2003, p. 16
(2) OJ C 278, 14.11.2002, p. 44
(3) OJ C 19, 22.1.2002, p. 20
(4) OJ C 19, 22.1.2002, p. 26
(5) OJ C 107, 3.5.2002, p. 85
(6) OJ C 192, 12.8.2002, p. 20
(7) OJ C 244, 10.10.2003, p. 5
(8) OJ C 156, 6.6.2000, p. 1

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C 109/47

Having regard to its opinion on the report of the Commission requested by the Stockholm European
Council: Increasing labour-force participation and promoting active ageing (COM(2002) 9 final) (CdR
94/2002 fin) (9);

Having regard to the Opinion of the Economic and Social Committee on immigration, integration and the
role of civil society organisations (CES 365/2002);

Having regard to Article 13 TEC and related Council Directive 2000/78/EC establishing a general frame-
work for equal treatment in employment and occupation and Council Directive 2000/43/EC implementing
the principle of equal treatment between persons irrespective of racial or ethnic origin;

Having regard to the Council of Europe report in July 2000 on Diversity and Cohesion: new challenges for
the integration of immigrants and minorities;

Having regard to its draft opinion (CdR 223/2003 rev. 2) adopted on 16 December 2003 by its Commis-
sion for Economic and Social Policy (rapporteur: Councillor Derek Boden, Leader of the North West
Regional Assembly, (UK/PES));

Whereas the Nice European Council of 9 December 2000 reaffirmed that employment is the best protec-
tion against social exclusion and called for a more vigorous integration policy for third-country nationals
legally resident on Union territory which should aim at granting them rights and obligations comparable
to those of European Union citizens;

Whereas the Seville Council in June 2002 agreed to the need to develop a European Union common
policy on immigration and to the integration of immigrants lawfully present in the Union: and the decision
to adopt provisions on the status of long-term permanent residents by June 2003;

Whereas the Tampere Council in October 1999 acknowledged the need for harmonisation of national
legislation on the conditions for the admission and residence of third-country nationals, to be based on a
common evaluation both of economic and demographic trends within the Union and the situation in the
countries of origin;

Whereas the Tampere Council in October 1999 declared that the European Union must ‘enhance non-
discrimination in economic, social and cultural life and develop measures against racism and xenophobia’;

Whereas the Presidency Conclusions of the Lisbon European Council of March 2000 referred to main-
streaming the promotion of social inclusion in Member States' employment, education and training, health
and housing policies;

Whereas the enlargement of the EU will change the patterns of migration in Europe, probably to the
overall benefit of European labour markets, leading to greater freedom of movement between new and
existing Member States, whilst recognising that integration measures also assist intra-EU migrants;

adopted the following opinion at its 53rd plenary session, held on 11 and 12 February 2004 (session of
12 February).

1. The Committee of the Regions' views

The Committee of the Regions

1.4
recognises Member States' sensitivities in the area of
integration policy and believes that the EU could contribute
added value to the action taken at national level to achieve inte-
gration primarily through supporting programmes and initia-
tives rather than through harmonising legislation;

1.1
welcomes the opportunity for joint consideration of
policy proposals on the integration of third-country nationals
resident in the European Union;

1.2
welcomes, in terms of the future of European integra-
tion, and especially enlargement, the development of a compre-
hensive strategy on the integration of immigrants;

welcomes the Commission's commitment to establishing
1.5
a series of actions and initiatives designed to support the inte-
gration of
immigrants into civil society and the European
Union labour market;

1.3
reinforces the value and requirement for common prin-
ciples, policies and procedures in respect of immigration and
integration policy on both legal and illegal immigration;

(9) OJ C 287, 22.11.2002, p. 1

1.6
calls on the Commission to apply an approach in line
with the principle of subsidiarity in which the Union, the
Member States, the regional and local
levels, as well as the
social partners and civil society, will be actively involved;

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1.7
regrets the lack of recognition in the Communication
and in the Extended Impact Assessment of the crucial role local
and regional government play in the successful implementation
of integration policies, in their capacity as direct service provi-
ders, partners with other statutory and voluntary service provi-
ders, and community leaders, at the point of service provision
to immigrant communities, and the closest point of political
accountability towards our respective electorates;

regrets the lack of consultation of local and regional
1.8
government in drawing up the Extended Impact Assessment on
the Communication on immigration, integration and employ-
ment;

the citizens of those countries, removing the causes of the
to
discomfort and hardship which lead their
emigrate, and to limit migration to levels which are sustainable
for and beneficial to both the receiving countries and the coun-
tries of origin;

inhabitants

1.16
points out that immigration alone will not make up
for the labour shortage in the EU in the long term and draws
attention to the Committee's Opinion on the contribution of
older people to the labour market, and more generally to the
need to develop training, retraining and vocational guidance
policies, and policies to regulate the instruments for balancing
supply and demand, so as to promote the full employment;

1.9
emphasises the crucial role of local authorities whose
responsibilities for housing, planning, education, health and the
labour-market impact directly on integration and can promote
social inclusion and sustainable communities:

1.17
notes with concern the absence of a gender perspective
in the Communication and highlights the importance of special
gender focused integration measures as unemployment is often
high among women immigrants;

firmly believes that a successful

1.10
implementation of
integration policies can only be achieved by detailed attention
to local and regional agencies, particularly those with a demo-
cratic mandate, since the latter behoves them to be sensitive to
their people's concerns;

notes that poor knowledge of the language of the
1.18
receiving country constitutes a major barrier integration,
in
particular to finding employment, benefiting from vocational
training or attaining good school results;

welcomes that local and regional authorities are invited
1.11
to contribute to the development of national action plans on
social inclusion and employment. This facilitates the compar-
ison and identification of best practice and the analysis of the
real impact and the results of strategies adopted by Member
States;

1.12
underlines its belief that immigration is positive for the
receiving countries but that for immigrants to be able to maxi-
mise their potential, Member States need to provide a proper
basis for their integration, in the framework of an appropriate
policy for planning immigration flows; nevertheless at the same
time expresses its support for the statement in Article III – 168
(5) of the Convention's draft, to the effect that, in the course of
further European coordination, ‘the right of Member States to
determine volumes of admission of
third-country nationals
coming from third countries to their territory in order to seek
work, whether employed or
shall not be
affected;

self-employed’

1.13
stresses that integration is a two-way process and that
efforts are needed from the immigrant as well as from the indi-
genous population in order to achieve genuine social cohesion;

1.14
stresses the importance of involving immigrants and
refugees themselves in the development of services delivered at
local and regional level, as a means of achieving relevant and
effective services and as a first step in promoting the active
integration of immigrants and refugees into civic and working
life in the Member States;

1.15
insists that Community migration policy should attach
great importance to economic and social development in the
countries of origin in order to improve the quality of life for

1.19
reaffirms that
the Lisbon objectives cannot be met
immigration policy, and that therefore
without a successful
Community structural policy instruments should promote the
social
integration of immigrants and refugees after 2006 by
mainstreaming these issues with economic and social policies
under the new Objective 2;

1.20
encourages that the Commission has retreated from
the ambition, voiced in its communication on a Community
immigration policy (COM(2000) 757 final), of a legal status for
third-country nationals on a basis of equality with European
union nationals, and which could be expanded into a form of
civic citizenship, based on the EC Treaty.

2. The Committee of the Regions' recommendations

The Committee of the Regions

2.1
urges the Commission to recognise to a greater extent
the role of local and regional authorities in implementing and
promoting successful
integration and employment initiatives,
due to their role as community leaders and main service provi-
ders with on-the-spot knowledge of immigrants' problems, not
least because of their direct relationship with immigrants and
their delegations;

2.2
urges the recognition of the existence of a large number
of illegal migrant workers and the need to establish mechan-
isms to enable migrants who are in breach of immigration law
to have their status legalised where appropriate without undue
delay, with cases being dealt with on an individual basis,
provided this is done in a way compatible with the capacity for
decent reception and excluding those who have committed
serious offences; and insists that action should be taken to
penalise those who profit from illegal employment;

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C 109/49

2.3
calls on the Commission and the Council to develop
guidelines on the recruitment of skilled labour from developing
countries, which recognise our responsibility for ensuring that
the countries of origin do not suffer a ‘brain drain’, and fully
respecting migrant workers' human rights;

draws attention to the need for the introduction of
2.4
active policies to prevent illegal immigration, which also supply
a shameful trade in human beings. This calls for a framework
of measures concerted between the EU and the Member States
– particularly those more directly exposed to immigration
flows – which would on the one hand give the countries of
origin and transit outside the Union the responsibility – albeit
accompanied by measures of help and support – for combating
and nipping in the bud the illegal organisation of migrant jour-
neys to the target countries, while on the other hand guarding
the EU's frontiers to stop people entering illegally;

2.5
urges the Commission to build on local and regional
authorities expertise developed in international partnership
working with local and regional authorities in sending coun-
tries to further social and economic development
in those
countries, and to facilitate participation by local and regional
authorities in the debate on the EU's migration cooperation
programme with third countries;

2.6
calls on the Commission to strengthen Community
programmes such as EQUAL, which aims to promote social
inclusion through support to disadvantaged groups and those
facing potential discrimination in access to education and
employment, since they provide resources which can be drawn
on by local and regional authorities to support the integration
of refugees into society and the labour market;

2.7
considers that the Commission should establish activities
aimed at facilitating the social integration of immigrants in the
form of programmes specifically aimed at assisting regions and
local authorities to provide appropriate services;

2.8
supports the teaching of national languages as foreign
languages to migrant groups of all ages to ensure better inte-
gration and urges the identification and dissemination of best
practice in this area;

2.9
insists that integration policies need to be accompanied
by supporting strategies to tackle racism and xenophobia, in
particular:

Brussels, 12 February 2004.

— education to foster

tolerance

and non-discrimination,
mutual appreciation of different ethnic minority groups and
cultures, and to demonstrate the damaging effects upon the
whole community of racism, so as to unite the whole com-
munity in support of integration and against racism; the
CoR acknowledges the important work carried out by the
European Monitoring Centre on Racism and Xenophobia in
this field,

— fair immigration and asylum principles, policies and prac-
tices accompanied by adequate funding for support and
integration of migrants and refugees, with special attention
to the needs of women who are faced with potential double
discrimination,

— adequate resourcing of local authorities and non-govern-
mental organisations to enable them to successfully deal
with immigration and refugee issues,

— welcomes Article III – 168 (4) of the Convention's draft,
which states: ‘European laws of framework laws may estab-
lish measures to provide incentives and support for the
action of Member States with a view to promoting the inte-
gration of third-country nationals residing legally in their
territories, excluding any harmonisation of the laws and
regulations of the Member States.’;

2.10
calls for the future annual reports on the development
of the common immigration policy to include an evaluation of
funding programmes promoting the integration of non-EU
nationals to identify best practice and to make policy recom-
mendations on this basis;

2.11
urges the Commission to take account, in its debate on
the future of European cohesion policy, of the efforts made by
certain regions who may experience a reduction in financial
support from the Structural Funds and whose immigrant popu-
lations have increased significantly in recent years;

calls for guidelines to be laid down for granting civic
2.12
rights to immigrants, according to the length of their residence
in an EU Member State, as a fundamental principle for their
effective integration.

The President
of the Committee of the Regions
Peter STRAUB