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 international protection and the enhancement of the protection capacity of the regions of origin: ‘improving access to durable solutions’
Date: 2005-04-14
Institutions: European Committee of the Regions
Subjects: admission of aliens, aid to refugees, international cooperation, international human rights law, refugee, right of asylum

20.9.2005

EN

Official Journal of the European Union

C 231/55

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.);

C 231/56

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Official Journal of the European Union

20.9.2005

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 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 338/2004 rev. 1) adopted on 7 February 2005 by the Commission
for External Relations (rapporteur: Mr Sértő-Radics, Mayor of Uszka municipality (HU/ELDR));

1)

2)

Whereas, in order to achieve durable solutions, sharing of responsibilities among Member States
concerning the managed entry in the EU of persons in need of international protection should be
improved, and the protection capacity of the countries of origin should be enhanced with a view to
framing and implementing a common refugee policy in all Member States;

Whereas, for this objective to be achieved, there is a need for the Member States and regions
concerned — including countries or regions of origin or transit — to be provided with the requisite
funding, taking EU enlargement and the needs of new Member States into special consideration;

adopted the following opinion at its 59th plenary session, held on 13 and 14 April 2005 (session
of 14 April).

1. The Committee of the Regions' views

THE COMMITTEE OF THE REGIONS

1.1
endorses the European Commission's proposals on the
managed entry in the EU of persons in need of international protec-
tion and the enhancement of the protection capacity of the regions of
origin ‘improving access to durable solutions’ and supports in par-
the proposed EU Regional Protection Programmes
ticular
improving the protection capacity of countries in the regions
of origin (neighbouring and transit countries);

1.2
points to the need to follow the recommendations of
the United Nations High Commissioner for Refugees regarding
gender-related persecution as one of the grounds for recog-
nising refugee status;

European Commission's proposal does not provide for suffi-
ciently wide consultation of local and regional authorities in
planning the implementation of the programme and taking
decisions on its funding. The proposal does not do enough to
ensure that local and regional players have an opportunity to
participate in developing good practice in connection with
Community actions;

1.6
believes it is important, in that respect, to secure greater
coherence and integration between domestic and foreign policy
objectives,
instruments and procedures, especially regarding
issues of a cross-border nature;

1.3
appreciates the European Commission's intention to
involve transit countries in its approach to persons in need of
international protection, but considers that there should be
more emphasis on transit countries with regard to the role of
the regions and the provision of appropriate support for them;

draws attention to the fact that cooperation and joint
1.7
action by the
concerned,
local and regional authorities
including local and regional authorities in Member States of
reception, countries of origin and countries of
transit, can
make a substantial contribution to support for persons in need
of international protection;

emphasises that the effects of the reception of persons
1.4
in need of international protection are most evident at local
level in the communities which receive these groups; it is there-
fore of vital importance to involve local and regional authori-
ties in making decisions on the reception and integration of
asylum seekers and refugees;

1.5
draws particular attention to the key role of local and
regional players as regards the responsibility they bear in the
reception of persons in need of international protection and in
actions promoting integration; consequently regrets that the

(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.

1.8
considers that further analysis and examination of the
EU Resettlement Scheme is needed with regard to its likely
social impact, particularly on labour markets, in less developed
territories suffering from high unemployment in the Member
States and regions concerned;

1.9
acknowledges the importance of EU policy supporting
the population living in underdeveloped poor countries and
regions, but on the other hand emphasises the importance of
in order to give the
equitable treatment for all EU citizens,
opportunity for measures under
the Resettlement Scheme
enjoying wider support among citizens of Member States;

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Official Journal of the European Union

C 231/57

1.10
proposes that the European Commission, in coopera-
tion with NGOs and other stakeholders, should engage in
further study of the legal issues involved, with a view to estab-
lishing objective and uniform criteria enabling cases of persons
requiring international protection for their settlement to be
identified, and thus to ensure respect for human rights and the
absence of discrimination, and to guarantee the requisite legal
support for countries and regions of reception. It also feels that
it is important to ensure integration into the labour market of
refugees arriving in Member States under resettlement schemes,
on the basis of which they should enjoy equal rights with all
EU citizens.

2. The Committee of the Regions' recommendations

THE COMMITTEE OF THE REGIONS

2.1
supports the communication of the Commission as a
good basis of the further evaluation works, but in particular
with regard to the EU resettlement scheme, considers that
further analysis and examination are needed, and therefore
recommends extending the deadline for submission of
the
resettlement scheme proposal to the Council to enable drafting
of a more carefully prepared document;

2.2
rities

calls for greater involvement of local and regional autho-
in framing and implementing the immigration and

Brussels, 14 April 2005

asylum policies, at the same time providing them with the
requisite financial support;

proposes considering extension of the scope of funding
2.3
under Regional Cooperation and the New Neighbourhood
Policy, which are included in the third main objective of the
Structural Funds for the 2007-2013 period, to cover these
tasks; and hopes
the joint multilateral programmes
conducted under that objective and the bilateral action plans
that will be implemented as part of neighbourhood policy will
be coordinated effectively;

that

2.4
given the scale of migration in the Mediterranean zone,
it is proposed that in future calls under programmes for regu-
lating migration flows, such as the AENEAS programme,
priority be given to projects focusing on action in this area;

calls for an implementation of

2.5
the EU resettlement
schemes which ensures the equal treatment both of refugees to
be resettled in Member States and of all EU citizens;

2.6
supports the implementation of the Presidency's Conclu-
sion of the Hague Programme and considers it desirable to
invite the local and regional authorities into the proposed inter-
cultural dialogue between all members of
society within
common forums and activities in order to improve mutual
understanding of all policy areas related to integration.

The President

of the Committee of the Regions

Peter STRAUB