Opinion of the Committee of the Regions on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions — Study on the links between legal and illegal migration
Date: 2005-04-13
Institutions: European Committee of the Regions
Subjects: EU migration policy, illegal migration, immigration, impact study

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2.16
stresses that the individual immigrant's need to work
to support himself must be acknowledged and encouraged. In
addition to the economic aspects, entrepreneurship and small
businesses contribute to positive social development. The
opportunity to own and run a company impacts on integration
and it should therefore be given increased public support;

recalls that women are discriminated against both on
2.17
grounds of gender and ethnic origin. If gender issues are taken
into account, efforts for better integration of immigrants will
be more target-oriented and effective;

2.18
emphasises that the achievement of a successful inte-
gration policy requires other values — in addition to economic
Immigration opens up
ones — to be taken into account.

perspectives that can enrich individual citizen's lives, just as it
can provide the EU with skills that are valuable in a global
context;

2.19
stresses the importance of the work of non-govern-
mental organisations in close cooperation with the local and
regional authorities and supports their programmes to speed
up immigrants' integration into the political and social life of
the country (learning the language, getting to know the coun-
try's culture and democratic principles, social and political
education, safeguarding immigrants' own national
identity,
etc.). It is always the absolute responsibility of the national level
to work to achieve the smooth integration of immigrants into
society, in close cooperation with local and regional authorities,
and to maintain a dialogue with non-governmental organisa-
tions.

Brussels, 13 April 2005.

The President

of the Committee of the Regions

Peter STRAUB

Opinion of the Committee of the Regions on the Communication from the Commission to the
the European Economic and Social Committee and the
Council,

the European Parliament,

Committee of the Regions — Study on the links between legal and illegal migration

(2005/C 231/06)

THE COMMITTEE OF THE REGIONS,

Having regard to the Communication from the Commission to the Council, the European Parliament, the
European Economic and Social Committee and the Committee of the Regions — Study on the links
between legal and illegal migration (COM(2004) 412 final);

Having regard to the decision of the European Commission of 4 June 2004 to consult it on this matter,
under the first paragraph of Article 265 of the Treaty establishing the European Community;

Having regard to the decision of its president of 5 April 2004 to instruct the Commission for External
Relations to draw up an opinion on this subject;

Having regard to the Treaty establishing the European Community, and in particular Article 63(2)(b)
thereof;

Having regard to the Presidency Conclusions on the Hague Programme: Strengthening Freedom, Security
and Justice in the European Union, and in particular Specific Orientations on Asylum, Migration and
Border Policy (p. 1.2) and the External Dimension of Asylum and Migration (p. 1.6.);

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Official Journal of the European Union

C 231/51

Having regard to its opinion 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, inte-
gration and employment (COM(2003) 336 final, CdR 223/2003 fin (1));

Having regard to its opinion on the Communication from the Commission to the Council and the Euro-
pean Parliament on the presentation of a proposal for a directive and two proposals for recommendations
on the admission of third-country nationals to carry out scientific research in the European Community
COM(2004) 178 final — 2004/0061 (CNS) — 2004/0062 (CNS) — 2004/0063 (CNS), adopted on 17
November 2004 (CdR 168/2004 fin);

Having regard to other of its opinions dealing specifically with refugee policy (CdR 90/2001 fin (2); CdR
214/2001 fin (3); CdR 93/2002 fin (4); CdR 249/2003 (5));

Having regard to its draft opinion (CdR 337/2004 rev. 1) adopted on 7 February 2005 by the Commission
for External Relations (rapporteur: Cllr Keith Brown, Member of Clackmannanshire County Council (UK/
UEN-EA));

1)

2)

3)

4)

5)

Whereas, the study concludes that ‘there is a link between legal and illegal migration but the rela-
tionship is complex and certainly not a direct one’;

Whereas, the study outlines a number of policy initiatives in the development of a common migra-
tion;

Whereas the study emphasises the need for more reliable and comparable statistics at an EU level;

Whereas the ageing population and shrinking work-age population will lead to skill shortages in the
EU labour market and cause a continued need for migration into the EU;

Whereas the Hague Programme agreed by the European Council in November 2004 outlines a work
programme in the development of a common migration policy,

adopted the following opinion at its plenary session of 13 and 14 April 2005 (session of 13 April):

1. The Committee of the Regions' views

THE COMMITTEE OF THE REGIONS

1.3
wishes to view the study in the context of the develop-
ment of an EU migration and asylum policy particularly the
undertakings made at
in
October 1999 and the adoption by the European Council of
the Hague Programme in November 2004 which emphasises
the importance of migration policy;

the Tampere European Council

a. Appreciation period

1.1
welcomes the European Commission's study on the
links between legal and illegal migration and feels that it makes
a worthwhile contribution to the development of an EU immi-
gration policy, particularly in the outline of policy initiatives
contained in the study;

1.2
takes a keen interest in the study in view of the major
role played by regional and local authorities in the reception,
settlement and integration of migrants. Local and regional
authorities play a leading role in the provision of public
services to migrants and these services include housing, educa-
tion, health and employment services;

(1) OJ C 109, 30.4.2004 pp 46-49.
(2) OJ C 19, 22.1.2002 pp 20-22.
(3) OJ C 107, 3.5.2002 pp 85-88.
(4) OJ C 278, 14.11.2002 pp 44-48.
(5) OJ C 23, 27.1.2004 pp 30-32.

is concerned at the slow progress made by the European
1.4
Council in the development of an EU migration policy based
on the conclusions agreed at the Tampere Council;

notes that

the study concludes that

‘there is a link
1.5
between legal and illegal migration but
the relationship is
complex and certainly not a direct one since a variety of
different factors has to be taken into consideration;’ would
stress however that illegal migration is a major concern in the
EU as it can undermine policies designed to promote regular
migration and can promote hostility in host communities.
Therefore, effective prevention of the illegal migration is crucial
for the internal security and safety within the EU. In addition,
illegal migrants can be placed in personal danger and subject to
In view of these considerations, a
the risk of exploitation.
balanced policy which will promote measures
to ensure
equable levels of regular migration together with measures to
discourage illegal migrants is essential;

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1.6
stresses its concern about the use of the term illegal
migration, especially when many migrants in this category are
not the subject of criminal proceedings and so we would prefer
to use the phrase irregular migration where appropriate;

immigration policy and urges the European Council to adopt
the European Commission's proposals in this area;

1.7
notes that the study outlines a significant number of
gaps in research and calls upon the European Commission to
construct a research programme to fill these gaps and so influ-
ence policy-making;

1.8
notes that the study refers to other EU policies which
affect migrants such as development policy and the European
Employment Strategy. In addition, is aware of a wide range of
EU policies that have an influence on migration policy particu-
larly in areas of social and economic policy and calls for the
formation of a group in the European Commission across the
Directorates General
to coordinate activities which affects
migrants;

b. Re-enforcing consultation and information at EU level

1.9
agrees with the study's conclusions that there is a lack
of reliable and comparable data at EU level and believes that
the Commission's action plan for Community statistics in the
field of
immigration (COM(2003) 179 final) and the first
annual report on migration and integration (COM(2004) 508
final) begins to address this issue;

1.10
emphasises the important role played by local and
regional authorities in the collection of data and statistics and
calls for the full involvement of local and regional authorities
in consultations about the introduction of reliable and compar-
able data across the European Union after comparable data has
been collected;

supports the study's call

1.11
for ‘a more intensive and
targeted use of consultation and information exchange’ and
welcomes the establishment of an expert group known as the
Committee on Immigration and Asylum and a network of
National Contact Points for Integration;

agrees with the establishment of a European Migration
1.12
Network and an Observatory and believes that
local and
regional authorities have an important role to play in this
Network as they can contribute with concrete direct experience
and best practices;

1.13
believes that there should be greater opportunities for
the exchange of experience and best practice including activ-
ities such as peer-group review in terms of immigration policy
and notes that this could be done through the adoption of the
open method of coordination in the development of EU

c. Development of new policy initiatives within the framework of the

EU common immigration policy

L e g a l mi g r a ti o n

1.14
supports the European Commission's view that due to
the demographic decline and ageing of the population, recruit-
ment of third-country nationals and immigration into the EU is
likely to continue and increase. This theme is mentioned in the
Kok Report which states that ‘ageing will raise the demands for
pensions and healthcare assistance at
the same time as it
reduces the number of people of working age to produce the
necessary wealth.’ (1) In addition, Kok reminds us of European
Commission projections that ‘estimate that the pure impact of
ageing populations will be to reduce the potential growth rate
of
the EU from the present rate of between 2–2.25 % to
around 1.2 % by 2040 (2) moreover, other positive economic
and social externalities in the context of migration should be
stressed i.e. new human capital, specialisation, human enrich-
ment’;

1.15
emphasises the pivotal regional dimension in the EU
immigration and integration policies and believes that this is an
important area of debate. The regional dimension is a crucial
one as some EU regions are losing population and suffering
from severe skills shortages while other regions have rapidly
growing populations with pressures on local services and
affordable housing; believes that there is much work to be
done in developing the regional and local dimension of migra-
tion particularly in the area of integration. Currently, this is
being developed through the INTI programme. In 2004, the
programme was allocated EUR 6 million but 158 grant appli-
cations were received requesting total grants of EUR 42.58
million. The Committee calls for a substantial increase in the
funding of this programme for the period 2007-2013;

1.16
welcomes the European Commission's intention of
launching a comprehensive consultation process on the admis-
sion of labour migrants The Green Paper on An EU approach to
(COM(2004) 811 final) was
managing economic
published in 2005 and feels that its involvement in the consul-
tation process is essential given the potential effects of migra-
tion on regional labour markets and the services provided by
local and regional authorities;

integration'

1.17
agrees with the study when it states that strengthening
the integration of third-country nationals legally resident in
Member States is ‘an essential objective of EU immigration
policy’ and is achieved through integration into the labour
market,
third-country nationals
within the EU and the recognition of the qualifications of third-
country nationals;

facilitating the mobility of

(1) ‘Facing the challenge – The Lisbon Strategy for growth and employ-
ment’ – Report from the High Level Group chaired by Wim Kok:
page 13. (November 2004)

(2) Kok: page 13.

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welcomes the principle of mobility established in the
1.18
Directive on the status of
long term residents (November
2003.) This introduced mobility rights for those resident in the
EU for more than five years and mobility for third-country
nationals has been facilitated by an extension of Regulation
1408/71; agrees a degree of mobility can be found in the
Commission's proposals for the admission of foreign students
and for researchers;

1.19
stresses the need to recruit more researchers in the EU
so that the goals of Lisbon can be met. The Committee feels
that this area of recruitment will be an important test for the
development of a EU migration policy and its ability to fill skill
shortages. In its Communication to the Council and European
Parliament on the Admission of third-country nationals to carry out
scientific research (COM(2004) 178 final), the European Commis-
sion estimated that 700,000 additional researchers were needed
by 2010 if the EU was to meet its Lisbon targets;

the

1.20
notes that the Justice and Home Affairs Council agreed
a general approach to the Directive in November 2004. While
this approach includes
recognition of qualifications,
it does not seem to
working conditions and tax benefits,
include a relaxation of the conditions of entry for the families
of short-term researchers. The Committee feels that this is a
key factor in the recruitment of researchers and would bring
the EU Member States into line with other countries such as
the USA and Canada;

the

role of

emphasises

1.21
the European
important
Employment Strategy and the European Social Fund in
providing training and employment skills which are crucial in
the integration of recent migrants. The integration into the
labour market of disadvantaged groups has been a key theme
of the European Employment Strategy to sustain labour supply,
maximise adaptability, and respond to sectoral and regional
shortages of labour. The new EU Employment Guidelines have
the objective of reducing the employment gap between EU
national and non-EU nationals which showed a difference of
11.7 % in 2002. The study makes no reference to activities
under the European Social Fund to promote the integration of
immigrants into the labour market and the innovative work
done by local and regional government in this area;

1.22
notes the study's conclusions about the effectiveness of
regularisation measures from both the point of the view of the
migrant and of the Member States and believes that large scale
regularisation measures are not usually the most appropriate
irregular migration.
way of

the problems of

solving

Nevertheless, regularisation on a case-by-case basis can be a
useful instrument when dealing with many examples of irre-
gular migration;

1.23
agrees with the study's findings that ‘gives weight to
the view that regularisations should not be considered as a way
of managing migration flows as in reality they often appear as
a negative consequence of immigration policy’ but regularisa-
tion may be necessary, on a case-by-case basis, when immi-
grants become embedded within local communities to bring
people out of the hidden economy, increase tax revenues and
promote social cohesion. The comments of a House of Lords'
report is interesting in this context; (1)

agrees with the House of Lords' report which stated
1.24
‘some form of regularisation of long term illegal immigrants is
unavoidable if a growing underclass of people in an irregular
situation, who are vulnerable to exploitation,
to be
created.’ The House of Lords' report emphasises the need to
factors caused from regularisation and
minimise the ‘pull’
suggests that this can be to a large extent overcome by looking
at individual cases rather than a large scale amnesty. Lastly, the
House of Lords believes that amnesties can ‘provide a rare
opportunity to obtain reliable information on the size and
nature of the illegal immigrant population’; (2)

is not

Ille g a l i mmi g r a ti on

1.25
takes note of the many forms of illegal migration and
the difficulties in conducting research in these areas. However,
feels that there needs to be further research on the different
types of illegal immigrant so that policies can be formulated
more effectively. In this respect it should be important to differ-
entiate between:

— people who have entered legally but have overstayed;

— people who have permission to stay in the country but are

in breach of their conditions of entry;

— people who have had asylum applications refused;

— irregular entrants who have not been granted leave to enter
because they entered at places not authorised to allow entry
and without the necessary papers;

1.26
supports the views expressed in the study that the
development of a Community return policy, the setting-up of
key cooperation agreements with countries of origin, and trans-
forming undeclared work into regular employment are key
elements in the fight against irregular immigration;

(1) House of Lords Select Committee on the European Union: ‘A Com-
Immigration’: Session 2001-2002: 37th

munity Policy on Illegal
Report

(2) House of Lords Report: paragraph 112.

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1.27
welcomes the proposals in the study relating to the
development of a Community return policy. A proposal for a
Return Action Programme was agreed by the European Council
in November 2002 and more rapid progress on its implemen-
tation now needs to be made;

1.28
agrees with the study when it states that ‘the coopera-
tion of third countries is vital if illegal migration flows are to
be reduced’ and recent conclusions from European Councils
which have ‘underlined the need for a comprehensive approach
to migration, addressing human rights, political and develop-
ment issues in countries of origin and transit’;

1.29
endorses the synergy between migration and develop-
ment policies which is outlined in the study and believes that
development policy can improve the economic and social
conditions in third countries and so reduce the ‘push’ factors
which lead to migration to the EU;

It

1.30
emphasises the need for the European Union to be
active in the promotion of joint initiatives with neighbouring
countries through programmes such as the New Neighbour-
hood Instrument, Tacis, Meda, Encas and INTERREG.
is
important that a ‘ring of friends’ is created so that peace and
solidarity can be extended in the countries bordering the EU
now that the Union has been enlarged. The European Union
needs to work in partnership with these countries to improve
their economic and social situation and reduce ‘push’ factors
such as high unemployment, poor wages, lack of democracy
and organised crime. One of the priority areas for cooperation
will be the management of migration. Some neighbouring
countries have developed action plans specifically targeted at
irregular migration and the EU is ready to support their imple-
mentation, also actions against irregular migration of those
countries which will prepare such plans;

in programmes

1.31
stresses the key role played by local and regional
like Tacis, Meda, Encas and
authorities
INTERREG and reminds the Commission and Member States
that local and regional authorities should play a key role in the
development of successor programmes;

1.32
broadly welcomes the proposals for the New Neigh-
bourhood Instrument but is disappointed that the Instrument
(which is the subject of a separate opinion of the Committee of
the Regions) does not give a greater role for local and regional
government especially as many policy areas covered by the
Instrument cover local and regional government competencies;

included as one of the ten priorities of the 2003 employment
guidelines. Several Member States outlined special measures for
foreign workers and migrants in an irregular situation in their
2003 National Employment Action Plans (NAPs) and the
Committee welcomes the call
in the Hague programme for
Member States to hit the targets for the reduction of the unre-
gulated labour market which are set out
in the European
Employment Strategy;

points out

1.34
the need for greater support of border
regions as they are in comparison with other regions affected
especially by irregular entry to a larger extent and supports the
establishment of the European Corps of Border Guards together
with the early warning system as
the effective common
the Union's external borders have to be
management of
judicial cooperation and cooperation
achieved, moreover,
level
among police corps on both central and regional/local
should be further promoted;

2. The Committee of the Regions' recommendations

THE COMMITTEE OF THE REGIONS

reminds the EU institutions of the important part that
2.1
regional and local authorities play in the integration of
migrants and, in view of this role, emphasis the key role that
local and regional authorities play in a number of initiatives
outlined in the study. These include the exchange of experience
on integration measures, the development of programmes such
as the New Neighbourhood Instrument and the successor
programmes to Tacis and INTERREG etc., and therefore recom-
mends the full involvement of local and regional government
in these programmes;

2.2
argues that there should be greater opportunities for the
exchange of experience and best practice including activities
such as peer-group review in terms of immigration policy and
notes that this could be done through the adoption of the open
method of coordination in the development of EU immigration
policy and urges the European Council to adopt the European
Commission's proposals in this area;

2.3
calls upon the European Commission to form a Group
involving staff Directorates General whose policies and actions
affect third-country nationals so that existing activity can be
more effectively integrated and coordinated;

2.4
calls for the publication of a research programme by the
European Commission to fill the gaps in research noted in the
study;

1.33
agrees with the study when it emphasises the need to
tackle the unregulated labour market and the shadow economy
stating that ‘the shadow economy is estimated to be between 7-
16 % of EU GDP although this is by no means entirely made
up of illegal immigrants’. There is a need for the transformation
of undeclared work into regular employment and this was

calls for a substantial increase in the INTI programme so
2.5
that local and regional authorities can take part in a greater
number of EU-funded transnational projects dealing with the
integration of migrants;

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2.6
emphasises the important role of migration in terms of
filling skill shortages and calls upon the European Council to
develop effective policy initiatives in these areas including the
recruitment of third-country nationals for scientific research;

Paper on An EU approach to managing economic
integration
(COM(2004) 811 final) and reminds the Commission of need
to consult fully with it and local and regional government in
this process;

2.7
stresses the opportunity to devise suitable development
policies in third countries. It is also important for studies on
migration to take account of the new features of migration
flows, such as the high proportion of women involved, as this
is crucial to the formulation and implementation of immigra-
tion policies;

calls for the full

2.8
local and regional
government in the development of reliable and comparative
data at EU level;

involvement of

welcomes

2.9
intention of
launching a comprehensive consultation process on the Green

the European Commission's

Brussels, 13 April 2005

2.10
believes that urgent action is necessary to develop
further the European Migration Network and Observatory with,
again, the full involvement of local and regional government;

2.11
expresses concern on the slow progress made by the
European Council in the development of an EU immigration
policy and actions resulting from the Tampere European
Council
in 1999. In view of these concerns emphasises the
need to make prompt decisions on issues laid out in the Hague
Programme.

The President

of the Committee of the Regions

Peter STRAUB

Opinion of the Committee of the Regions on the Communication from the Commission to the
Council and the European Parliament on the managed entry in the EU of persons in need of inter-
national protection and the enhancement of the protection capacity of the regions of origin:
‘improving access to durable solutions’

(2005/C 231/07)

THE COMMITTEE OF THE REGIONS,

Having regard to the Communication from the Commission to the Council and the European Parliament
on the managed entry in the EU of persons in need of international protection and the enhancement of the
protection capacity of the regions of origin: ‘improving access to durable solutions’ COM (2004) 410 final;

Having regard to the decision of the European Commission of 25 August 2004 to consult it on this
matter, under the first paragraph of Article 265 of the Treaty establishing the European Community;

Having regard to the decision of its president of 5 April 2004 to instruct the Commission for External
Relations to draw up an opinion on this subject;

Having regard to the Treaty establishing the European Community, and in particular Article 63(2)(b)
thereof;

Having regard to the Treaty establishing a Constitution for Europe, in particular Articles II-61, II-78, II-79
and III-266, III-267 and III-268;

Having regard to the Geneva Convention relating to the status of refugees of 28 July 1951, supplemented
by the New York Protocol of 31 January 1967;

Having regard to the Presidency Conclusions on the Hague Programme: Strengthening Freedom, Security
and Justice in the European Union, and in particular Specific Orientations on Asylum, Migration and
Border Policy (point 1.2) and the External Dimension of Asylum and Migration (point 1.6.);