Opinion of the Committee of the Regions on the Green Paper on an EU approach to managing economic migration
Date: 2005-07-07
Institutions: European Committee of the Regions
Subjects: EU migration policy, admission of aliens, migrant worker

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Opinion of the Committee of the Regions on the Green Paper on an EU approach to managing
economic migration

(2006/C 31/09)

THE COMMITTEE OF THE REGIONS,

Having regard to the Commission's Green Paper on an EU approach to managing economic migration
(COM(2004) 811 final),

Having regard to the Commission's decision to consult the CoR on the subject under the first paragraph
of Article 265 of the Treaty establishing the European Community,

Having regard to the decision of its President of 22 February to instruct the Commission for Economic
and Social Policy to draw up an opinion on the subject,

Having regard to the Conclusions of the Tampere (1999), Nice and Lisbon (2000) and Seville (2002)
European Councils,

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 Communication from the Commission on a common policy on
illegal immigration (COM(2001) 672 final) and on the Communication from the Commission on an open
method of coordination for the Community immigration policy (COM(2001) 387 final) of 16 May 2002
(CdR 93/2002 fin) (2),

Having regard to its opinions on a Community immigration policy and a common asylum procedure
(CdR 90/2001 fin) (3) and on the Proposal for a Council Directive laying down minimum standards on the
reception of applicants for asylum in Member States (CdR 214/2001 fin) (4),

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) (5),

Having regard to its Opinions 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 rev. 1) and on the Proposal for a Council Directive on the conditions of entry and
residence of third-country nationals for the purposes of studies, vocational training or voluntary service
(COM(2002) 548 final) (CdR 2/2003 fin) (6),

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 Commission Report requested by the Stockholm European Council:
Increasing labour force participation and promoting active ageing (COM(2002) 9 final) (CdR 94/2002
fin) (7),

Having regard to the Opinion of the Economic and Social Committee on Immigration, integration and
the role of civil society organisations (CES 365/2002 fin) (8),

Having regard to Article 13 of the EC Treaty, and to Council Directive 2000/78/EC establishing a general
framework for equal treatment in employment and occupation and Council Directive 2000/43/EC imple-
menting the principle of equal treatment between persons irrespective of racial or ethnic origin,

(1) OJ C 73 of 26.3.2003, p. 16
(2) OJ C 278 of 14.11.2002, p. 44
(3) OJ C 19 of 22.1.2002, p. 20
(4) OJ C 107 of 3.5.2002, p. 85
(5) OJ C 19 of 22.1.2002, p. 18
(6) OJ C 244 of 10.10.2003, p. 5
(7) OJ C 287 of 22.11.2002, p. 1
(8) OJ C 125 of 27.5.2002, p. 112

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

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 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 (CdR223/2003 fin) (9),

Having regard to the Communication from the Commission to the Council and the European Parliament
— Area of Freedom, Security and Justice: Assessment of the Tampere programme and future orientations
(COM(2004) 401 final),

Having regard to the UN Convention on the protection of the rights of all migrant workers and members
of their families,

Having regard to its draft opinion (CdR 82/2005 rev. 1), adopted on 3 May 2005 by the Commission for
Economic and Social Policy (rapporteur: Mr Alvaro Ancisi, Member of the municipal council of Ravenna
(IT-EPP),

Whereas

1)

2)

3)

4)

5)

widespread economic migration is not in itself a solution to the demographic problems of the
ageing population and the falling birth rate, nor is it the only possible answer to the needs of the
labour market. Notwithstanding the need to absorb the potential labour force of the EU whilst facili-
tating the immigration of highly-skilled workers in particular sectors, more sustained immigration
flows are increasingly required to meet the needs of the European labour market and to ensure the
economic competitiveness of European businesses;

one of the key points of the Hague programme — the new EU agenda for developing immigration
and asylum policies, adopted in 2004 — is legal migration and the fight against illegal employment;
and although responsibility for determining the level of legal immigration lies with the individual
Member States, the Commission is invited to present a policy plan on legal migration by the end of
2005;

the aim of this Green Paper is to launch a pre-legislative consultation process involving the EU insti-
tutions, the Member States and civil society on the most appropriate forms of Community rules for
admitting economic migrants and on the added value of adopting a Community approach;

the new Constitutional Treaty further extends the EU's competences (Article III-267) and provides
for the EU to develop a common immigration policy aimed at ensuring the efficient management of
migration flows, fair treatment of third-country nationals residing legally in Member States and
measures to combat illegal immigration and trafficking in human beings, and for EU law to lay
down conditions of entry and residence, and standards on the issue by Member States of visas and
residence permits;

the new Constitutional Treaty also provides for European laws or framework laws to establish
‘measures to provide incentives and support for the action of Member States with a view to
promoting the integration of third-country nationals residing legally in their territories’ (Article III-
267(4)). In this context harmonisation of the laws and regulations of the Member States is excluded.
The CoR underlines the fact that responsibility for arrangements in respect of access by third-
country nationals to the labour market lies with the Member States;

unanimously adopted the following opinion at its 60th plenary session, held on 6-7 July 2005
(meeting of 7 July):

(9) OJ C 109 of 30.4.2004, p. 46

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1. The Committee of the Regions' comments

Admission procedures
permits

for migrant workers; work and residence

The Committee of the Regions

With regard to the following key issues raised in the Green
Paper:

The degree of harmonisation that
should aim at

future Community legislation

1.7
reiterates the importance of a visa and residence and
work-permit policy which facilitates the entry of migrant
workers; suggests,
individual Member States
provide a single national application procedure leading to a
combined title, encompassing both residence and work permit
within one administrative act, in order to simplify and harmo-
nise the diverging rules currently applicable in Member States;

therefore,

that

notes that the aim in developing a migration policy is,
1.1
inter alia,
to provide a short- and medium-term economic
response to Europe's demographic decline and to create an area
of freedom, security and justice for all citizens; this is a priority
objective for the Committee of the Regions;

1.8
reiterates the points already made regarding the prin-
ciple of encouraging the mobility of migrants who are long-
the Community labour
term residents and already part of
market (CdR 337/2004 rev. 1);

1.2
points out that there is a clear link between the diffi-
culty for migrants to use legal channels for economic migra-
tion, the lack of coordination between Member States' policies
in that field and the levels of illegal migration;

stresses that the interdependence of economic, employ-
1.3
ment and social policy is a feature of the European social
model, which seeks to promote better-quality jobs, modernisa-
tion of economic structures and greater social cohesion;

1.4
notes, however, that while, in some European regions,
the population is falling and there is a labour shortage, in other
regions the rising population is putting pressure on local
services and housing;

1.5
considers that any future Community legislation should
establish a comprehensive legal framework covering all immi-
grants into the EU, although initially it could begin by taking a
focusing on specific groups of migrant
sectoral approach,
workers such as seasonal workers, workers with particular
skills, workers transferred within a company, or service provi-
ders;

supports, therefore, the option proposed by the Commission
in its Green Paper concerning the creation of a common frame-
work of minimum standards governing the admission of non-
EU nationals wishing to take up paid employment or to work
on a self-employed basis;

regrets that the proposal for a directive on the conditions of
entry and residence of third-country nationals for the purpose
of paid employment and self-employed economic activities,
which the CoR welcomed in its Opinion 386/2001 of 13
March 2002 (10), has not been endorsed by the Council;

also considers that common fast-track procedures
1.6
could be adopted by agreement between a number of Member
States where there are skills gaps; any Member State carrying
out such procedures should have the obligation to inform, and
coordinate them in advance with, the remaining EU Member
States;

(10) OJ C 192 of 12.08.2002, p. 20

also to explore

the possibility of

given that Council Directive 2003/109/EC gives mobi-
1.9
lity rights to long-term immigrants as of 2006, considers it
important
adopting
minimum common rules facilitating the mobility within the EU
of workers who have not lived in a Member State for a long
period of time, as soon as free movement of workers is intro-
duced for the Member States that joined the EU in 2004, e.g.
by issuing job-seeker residence permits which would enable
job-seekers to find and apply for vacant posts. Moreover,
it
would be a good idea to introduce basic training in third coun-
tries of origin, as this can be a decisive factor in some sectors,
and adopt minimum common rules
for certifying skills
possessed or acquired in the country of entry into the EU;

1.10
should in principle be conditional upon specific job vacancies.

the admission of

individual workers

believes that

However, in certain specific labour market sectors where it is
more difficult to disseminate information in the country of
origin about specific job vacancies, Community legislation for
legal admission of migrants could include a temporary resi-
dence permit for seeking work, which would be valid for a
limited period of time and managed by each Member State.

Any future legislation should also address possibilities for chan-
ging the place/sector of work, stipulating maximum unemploy-
ment periods applying up until the expiry of the job-seeker
permit, after which a migrant worker would have to return to
their country of origin. However, such a stringent requirement
would result in many immigrants continuing to resort to smug-
gling mafias. Therefore, there should be some flexibility which
on the one hand provides migrants with hope and leads them
away from the mafias, and on the other hand provides Member
States with the flexibility to admit third-country nationals based
on foreseeable labour needs. Any future legislation concerning
maximum unemployment periods before a migrant worker
would have to return to their country of origin must take into
the worker, e.g.
consideration the degree of
presence of family members, schooling of children, period of
residence, number of years employed prior to the unemployed
period, amongst other considerations;

integration of

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such as green cards,

notes that entry systems which are more flexible than
1.11
‘individual assessment’,
intended to
respond to variable and long-term labour requirements, can be
addressed by Community legislation only if an information
system for publishing and consulting job offers at European
level is adopted and if minimum common selection rules are
laid down for the admission of migrant workers;

believes that, under the subsidiarity principle,

1.12
the
question of whether to combine work and residence permits
should not be regulated at European level but should be left to
the individual Member States to decide.

Rights, accompanying measures and cooperation with third countries

1.13
notes that appropriate Community legislation needs to
be introduced to guarantee third-country citizens who are
migrant workers fundamental civil and social rights;

1.14
reiterates previous comments on the need to limit the
brain drain from third countries and to help these countries
keep migration to a level which is sustainable and beneficial for
both host and home countries (CdR 223/2003): strategies
designed to reduce poverty, improve living and working condi-
tions, create jobs and develop training in migrants' countries of
origin help in the long term to normalise migration flows;

1.15
considers that, within the framework of cooperation
measures, measures to promote vocational and other training
and recruitment in countries of origin should be supported,
and that it would be beneficial to plan specific bilateral or
multilateral agreements with bordering or nearby countries or
countries most exposed to immigration flows, in order to estab-
lish admission preferences;

A key role for local and regional authorities

1.16
stresses the fundamental regional and local dimension
of economic migration, considering its impact on local labour
markets and services provided by local and regional authorities
(social services, education, housing etc.); therefore, considera-
tion should be given to these authorities when assigning Com-
munity funds for the integration of immigrants;

stresses the essential

1.17
in
ensuring security and social cohesion, which are fundamental
aspects of an economic migration policy;

local authorities

role of

therefore,

points out,

that, when the kinds and
1.18
volumes of immigrant labour to be admitted are established,
procedures must be laid down which take into account the
proposals of local and regional authorities as well as national
requirements;

1.19
local and regional authorities could
play an essential role in the social integration and cultural and

considers that

language education of immigrant workers, in helping them to
acquire skills and in certifying these, and in cooperation
processes with third countries to provide training for workers
hoping to emigrate from those countries.

2. The Committee of the Regions' recommendations

The Committee of the Regions

while taking into account the provisions of the future
2.1
Constitutional Treaty, stresses the close connection between
immigration policy
(Title VIII,
Article 137 (3) TEC) and therefore considers that it should
mandatorily be consulted on the legislation developed from the
Green Paper;

and employment policy

2.2
urges all EU Member States to ratify the UN Convention
on the protection of the rights of all migrant workers and
members of their families;

considers that issues related to immigration and the
2.3
labour market can be addressed most effectively at European
level but that, at the same time, it must be ensured that (i)
entry and residence conditions do not conflict with Member
States' rights to regulate the volume of admissions and (ii) these
rights do not have an adverse impact on other states. Condi-
tions which are too restrictive would prevent Member States
from admitting the number of immigrants they wish to and
that could have serious
repercussions on their economic
competitiveness or that of their regions. It therefore recom-
mends measures to ensure that any future legislation on admis-
sion criteria is compatible with the various national, regional
and local situations;

2.4
while noting that common rules can bring added value,
in view of the transnational considerations and the effect that
one Member State's policy has on another Member State,
recommends that evidence should be provided of the added
value of any future European legislation before it is adopted
and that areas be identified which do not have transnational
implications and can therefore be regulated more effectively at
Member-State level;

2.5
given that the Green Paper (pre-legislative consultation)
does not specify the kind of legislative instrument that might
be adopted, considers that it should be a directive, as this
would provide national-policy guidelines but
each
Member State free to decide on certain matters and to cater for
specific regional and local characteristics. Furthermore, it would
establish guidelines for conditions of entry and residency,
in
order to avoid one state's immigration policy impinging on
that of another. The use of a directive could ensure that
Member States have enough flexibility,
inter alia to cater for
specific local and regional characteristics;

leave

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also considers that the option of a regulatory instru-

2.6
ment to define social and civil rights could be explored;

that

recommends

consultation
2.7
process should be extensive and involve regional and local
authorities, given that
the Commission itself sees them as
major stakeholders in immigration policy;

the pre-legislative

given the vague reference to the need to take regional
2.8
and local considerations into account (page 8 of the Green
Paper), calls upon the Commission to give greater recognition
in the future legislation to the role of regional and local autho-
rities in identifying areas of the labour market which are in
need of migrant workers.

Moreover, it reiterates the need for a programme promoting
the exchange of best practice in migration policy and suggests
that the European Union support the establishment of regional
contact points for companies interested in the migrant work-
force, in order to respond to the fall in available labour and
promote economic development.

Brussels, 7 July 2005

It considers that a specific assessment of the regional and local
dimensions of economic migration policy and of the economic
and social impact of the proposed measures, as well as of the
financial support needed, would be useful.

The CoR itself should set in motion the measures necessary for
an impact assessment (studies, surveys, hearings, conferences,
questionnaires) with a view to better regulation and coordina-
tion of immigration and integration policies;

2.9
having noted the Commission's insistence that any
future measures should minimise the administrative burden for
Member States and third countries and its failure to make any
reference to the question of cost, whereas many
direct
measures do clearly entail cost, deems necessary an assess-
ment of the administrative and financial constraints that such
measures may impose on regional and local authorities. These
kinds of programmes are costly and so their impact needs to
be assessed. They will have to be funded by central government
and the EU, without prejudice to local authorities' power to
decide on their content and to implement them.

The President

of the Committee of the Regions

Peter STRAUB