Opinion of the Committee of the Regions on the Communication from the Commission to the Council and to the European Parliament establishing a framework programme on Solidarity and the Management of Migration Flows for the period 2007-2013
Date: 2005-11-16
Institutions: European Committee of the Regions
Subjects: EU financing, EU migration policy, EU programme, European neighbourhood policy, admission of aliens, integration of migrants, local authority, migratory movement, regional authority

16.5.2006

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Official Journal of the European Union

C 115/47

Opinion of the Committee of the Regions on the Communication from the Commission to the
Council and to the European Parliament establishing a framework programme on Solidarity and
the Management of Migration Flows for the period 2007-2013

(2006/C 115/10)

THE COMMITTEE OF THE REGIONS,

HAVING REGARD TO the Communications from the Commission to the Council and to the European
Parliament establishing a framework programme on Solidarity and the Management of Migration Flows for
the period 2007-2013 (COM(2005) 123 final);

HAVING REGARD TO the European Commission's decision of 6 April 2005 to consult it under the first
paragraph of Article 265 of the Treaty establishing the European Community;

HAVING REGARD TO the decision of its Bureau of 22 February 2005 to instruct its Commission for
External Relations to draw up an opinion on this subject;

HAVING REGARD TO its opinion of 7 July 2005 on the Green Paper on an EU approach to managing
economic migration (CdR 82/2005 fin);

HAVING REGARD TO its draft opinion (CdR 144/2005 rev. 1), adopted by the Commission for External
Relations on 15 September 2005 (rapporteur: Mr Paleologos, Member of the Municipal Council of Livadia
(EL/PES));

WHEREAS this Solidarity Programme will provide a new policy tool for the establishment of an Area of
Freedom, Security and Justice for all residents of the Union;

WHEREAS it intends to draw the balance between the efficient support of all European policies on
Freedom, Security and Justice and the national, regional and local needs, in line with the idea of burden
sharing;

WHEREAS the push and pull factors will continue to cause migratory flows from the less developed and
insecure countries all over the world towards the Union, while criminal networks, racist and xenophobic
ideas and movements and administrative gaps can jeopardise a regulated, managed and socially and
economically inclusive migration for the benefit of both the migrants and the sending and receiving socie-
ties;

WHEREAS the broadening involvement of the Union in a series of policies and action needs the support
of adequate financial resources and instruments;

WHEREAS the ageing population and the shrinking working-age population will probably lead to more
immigration flows that will become increasingly necessary to meet the needs of the wider Union;

WHEREAS the Framework Programme contains a solid legal basis concerning regional and local bodies,
which stresses that: ‘Each Member State shall organise, in accordance with current national rules and prac-
tices, a partnership with the authorities and bodies which it designates, namely (a) the competent regional,
local, urban and other public authorities’;

adopted the following opinion unanimously at
17 November 2005 (meeting of 16 November):

its 62nd plenary session, held on 16 and

1. The Committee of the Regions' views

tion policy within the European Union. This is even more
important now in the enlarged Community;

The Committee of the Regions:

1.1 welcomes the Commission's proposal for the establish-
ment of a framework programme on Solidarity and the
Management of Migration Flows for the period 2007-2013;

recognises the significance and scope of global migra-
1.2
tion and its importance for diversity and development, particu-
larly in the local community. The CoR fully endorses the
importance of coordinating immigration, asylum and integra-

1.3
recognises the importance of a Community driven,
comprehensive and sustainable policy for the management of
the migratory flows, including security at the frontiers, efficient
international protection,
protection of persons in need of
effective
illegally
repatriation of
residing on the European soil, integration of legal migrants in
the economic, social, cultural and political life;

third country nationals,

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is

level

the national

stresses that

1.4
responsible for
designing and implementing legislation, while the task of facili-
tating immigrant reception, settlement and integration falls
mainly to the regional and local level. The CoR would therefore
particularly stress the important role of the local and regional
authorities, whose responsibilities include planning, housing,
education and the labour market, which impact directly on
integration and can promote social cohesion, social integration
and sustainable societies;

1.5
stresses that local and regional authorities hope to form
a key link in the chain of solidarity and help to eradicate the
causes of migration by strengthening measures for financial
cooperation and by developing a common strategy for
promoting cross-border regional and nation cooperation in the
field of Management of Migration Flows. Their powers in the
areas of migration,
immigration and integration, as well as
their position as operators or owners of infrastructures, place
the forefront of processes to prevent,
these authorities at
finance and manage migration flows;

1.6
emphasises that in many parts of the European Union,
tax revenues are collected at national level, while the economic
burden of dealing with immigration-related exclusion falls on
the local level. Lack of consultation between the different levels
can be an obstacle to best use of economic resources. That type
of burden sharing could complement the exercise at Union
level and give positive results in the field;

1.7 a) recalls that women are discriminated against both on
grounds of gender and ethnic origin. If gender issues
are taken into account, efforts for better management
of migration flows will be more target-oriented and
effective. The importance of women for successful inte-
gration must not be underestimated since they often
provide a direct link with children in the family;

b) emphasises that the achievement of a successful migra-
tion policy requires other values — in addition to
economic ones — to be taken into account. Immigra-
tion opens up perspectives that can enrich individual
citizens' lives, just as it can provide the EU with skills
that are valuable in a global context;

c) calls upon the Council and the Commission to further
exploit the expertise local and regional authorities have
acquired after decades of hands-on experience of imple-
menting migration policy;

local and regional levels must be given the freedom to
choose their approach;

b) urges to consider, in the debate about future European
cohesion policy, the initiatives carried out in certain
regions where Structural Fund support might be
reduced and where the immigrant population has
increased significantly in recent years. This applies
particularly in the major towns and cities;

1.9
stresses that immigration is not sufficient to cover EU
labour shortages in the long term, and would refer to its
opinion on the contribution of older people to the labour
market;

1.10
there is an urgent need for strategies to deal with the
large group of immigrants that are outside the labour market,
for economic, social and political reasons;

immigration legislation to legalise

1.11
calls for measures in order to address effectively the
issue that a large number of working persons have entered and
live in the EU illegally. Measures must be considered and
mechanisms introduced to enable immigrants in breach of
their position
current
without delay, especially if their illegal stay is due to adminis-
trative shortages or special geopolitical circumstances, faced by
Member States. Those measures must be of exceptional nature,
not repetitive, and combined with a) decent standards of recep-
tion of the interested persons, b) establishment of the idea that
illegal immigration is not tolerated, c) strict fight against traf-
ficking in human beings and social exclusion d) adoption of
effective structures and policies in support of
labour
migration;

legal

stresses that the individual immigrant's need to work
1.12
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;

1.13 welcomes the increasing awareness within the EU of
immigrants' creativity and entrepreneurship. The growth of
entrepreneurship and new businesses is of crucial importance
to successful integration processes and represents an important
contribution towards achieving the Lisbon Strategy;

1.8 a) emphasises that

initiatives designed to ensure that
economic support for a common immigration policy is
effective must
take account of regional differences.
Support should encourage flexible solutions, and the

1.14
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 migration related policies and actions (such as integration
into the political and social life of the country etc.);

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1.15 welcomes the Decision establishing the European
Refugees Fund, and especially the provision on the integration
of the targeted populations. The CoR reminds that the vast
for the
majority of
improvement of the reception conditions and for the integra-
tion of refugees, fall in the field of intervention of the regional
and local authorities;

the actions proposed as eligible both,

1.16 welcomes
the Decision establishing the External
Borders Fund and recalls the fact that some regions of Europe
in terms of development and social
suffer collateral
cohesion, for being at the frontiers of the Union. That reality
should be reflected in the decision;

losses,

1.17
notes that the EU's failure on the integration front is
partly due to the fact that the local and regional authorities
have not been involved in policy framing. The local and
regional authorities are the tier of government that is closest to
citizens, but the consequences of implementation at local level
have most often been disregarded and not always taken into
consideration;

1.22
stresses that the disparity between the national level's
focus on the need for immigrant labour, and the local level's
efforts to combat exclusion, marginalisation and xenophobia,
reinforces the need for dialogue and cooperation between all
levels concerned;

considers that actions and policies leading progres-
1.23
sively to the formal right to vote, which will help to increase
the involvement of
immigrants in the democratic process,
should be a decisive part of the Solidarity Programme;

1.24 welcomes the Decision establishing the European
Return Fund, recalling that integrated management of return
must include a regional parameter, especially acknowledging
the contribution of regional and local authorities at EU borders
in the support of voluntary return schemes.

2. The Committee of the Regions' recommendations

The Committee of the Regions

1.18
recalls that integration issues must be included in all
policy areas if social cohesion is to be achieved. The Communi-
ty's immigration and integration policy must be in harmony
with the EU's more overarching objectives in social policy,
economic policy, and foreign and development policy, and
comply with such fundamental European values as equal
opportunities, human rights, human dignity, tolerance, respect
for diversity, measures to combat discrimination, and promo-
tion of increased participation in the community;

2.1
stresses that a balanced policy which will promote
measures to ensure equable levels of legal migration together
with measures to discourage illegal migration and fight against
smuggling and trafficking in human beings,
is essential. The
CoR emphasises also 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;

1.19 would highlight the fact that integration is a duty for
society as a whole, requiring input from both immigrants and
the local population in order to achieve sustainable social cohe-
sion and growth;

immigrants,

acknowledges that, while labour market issues are of
1.20
crucial
they
importance for the integration of
cannot be taken out of context since the degree of integration
also depends on a number of other factors, such as social back-
ground, education and language skills, and participation in the
life of the community. The successful integration of immigrants
is a step towards achieving a society in which everyone has a
stake, to the benefit of both the individual, the local com-
munity and society in the broader sense;

1.21
deplores the fact that in the Solidarity Programme
there is a lack of sufficient coverage for the almost 500,000
asylum seekers in the European Union who are awaiting a deci-
sion on residence or similar permits,
the vast majority of
whom are outside the regular labour market;

stresses that the local and regional authorities should
2.2
be more involved in framing and implementing of the asylum
policies. The CoR proposes considering extension of the scope
of funding under Regional Cooperation and the New Neigh-
bourhood Policy, which are included in the third main objec-
tive of the Structural Funds for the 2007-2013 period, to cover
these tasks and hopes that 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;

2.3
stresses that it is imperative to provide for concrete
involvement of regional and local authorities both in designing
and executing of actions under all four Funds, in order to mate-
rialise the horizontal provision on partnership;

proposes the strengthening of actions and measures
2.4
involving education in the efforts for the management of
migratory flows, especially in the fields of
integration of
migrants and refugees;

proposes the inclusion of specific horizontal provisions

2.5
— clauses as follows:

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Recommendation 1

Article 3

Text proposed by the Commission (COM(2005) 123 final —
2005/0049 (COD))

Article 3

Specific objectives

The Fund shall contribute to the following specific

1.
objectives:

(a) The introduction and improvement of the organisation
and implementation of integrated return management
by Member States;

(b) The

enhancement of

co-operation between
the
Member States in the framework of integrated return
management and its implementation;

(c) The promotion of an effective and uniform application
of common standards on return according to the
policy development in the field.

CoR Amendment

Article 3

Specific objectives

The Fund shall contribute to the following specific

1.
objectives:

(a) The introduction and improvement of the organisation
and implementation of integrated return management
by Member States, notably by establishing, where
appropriate,
cooperation mechanisms between
national, regional and local public authorities;

(b) The

enhancement of

co-operation between
the
Member States in the framework of integrated return
management and its implementation;

(c) The promotion of an effective and uniform application
of common standards on return according to the
policy development in the field.

R e a son

Since the Commission proposal is based on legal basis for which co-decision applies, the Committee of the
Regions should strive to present concrete amendments to the Commission proposal according to the
model used by the European Parliament.

Recommendation 2

Article 4.1

Text proposed by the Commission (COM(2005) 123 final —
2005/0049 (COD))

Article 4

CoR Amendment

Article 4

Eligible actions in the Member States

Eligible actions in the Member States

1.
Actions relating to the objective laid down in Article
3(1), point a), and in particular the following, shall be
eligible for support from the Fund:

1.
Actions relating to the objective laid down in Article
3(1), point a), and in particular the following, shall be
eligible for support from the Fund:

(a) Establishment or improvement of an effective, stable
and lasting operational co-operation of Member States'
authorities with consular authorities and immigration
services of third countries, with a view to obtaining
travel documents for
third country
nationals and ensuring speedy and successful removal
procedures;

the return of

(a) Establishment or improvement of an effective, stable
and lasting operational co-operation of Member States'
authorities with consular authorities and immigration
services of third countries, with a view to obtaining
travel documents for the return of
third country
nationals and ensuring speedy and successful removal
procedures;

(b) Promotion and facilitation of voluntary returns of illeg-
in particular
ally staying third country nationals,
through assisted voluntary return programmes, with a
view to ensuring the sustainability of returns;

(b) Promotion and facilitation of voluntary returns of
illegally staying third country nationals, in particular
through assisted voluntary return programmes, with a
view to ensuring the sustainability of returns;

(c) Simplification and implementation of enforced returns
of illegally staying third country nationals, with a view
to enhancing the credibility and integrity of immigra-
tion policies and reducing the period of custody of
persons waiting for forced removal.

(c) Simplification and implementation of enforced returns
of illegally staying third country nationals, with a view
to enhancing the credibility and integrity of immigra-
tion policies and reducing the period of custody of
persons waiting for forced removal.

(d) actions which would help to improve the coordi-
nation between different
levels of national,
regional, local, urban and other public authorities.

R e a son

Since the Commission proposal is based on legal basis for which co-decision applies, the Committee of the
Regions should strive to present concrete amendments to the Commission proposal according to the
model used by the European Parliament.

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Recommendation 3

Article 4.2

Text proposed by the Commission (COM(2005) 123 final —
2005/0049 (COD))

Article 4

CoR Amendment

Article 4

Eligible actions in the Member States

Eligible actions in the Member States

(…)

(…)

2.
Actions relating to the objective laid down in Article
3(1), point b), and in particular the following, shall be
eligible for support from the Fund:

2.
Actions relating to the objective laid down in Article
3(1), point b), and in particular the following, shall be
eligible for support from the Fund:

(a) Cooperation in the gathering and provision to poten-
tial returnees of information on the country of origin;

(a) Cooperation in the gathering and provision to poten-
tial returnees of information on the country of origin;

(b) Cooperation in developing effective, stable and lasting
operational working relationships between Member
States' authorities and consular authorities and immi-
gration services of third countries, to facilitate consular
assistance in obtaining travel documents for the return
of third country nationals and ensuring speedy and
successful removal procedures;

(b) Cooperation in developing effective, stable and lasting
operational working relationships between Member
States' authorities and consular authorities and immi-
to facilitate
gration services of
consular assistance in obtaining travel documents for
the return of third country nationals and ensuring
speedy and successful removal procedures;

third countries,

(c) Design of joint integrated return plans and their imple-
return
mentation,
programmes on specific countries or regions of origin,
former residence or transit;

voluntary

including

joint

(c) Design of

joint
integrated return plans and their
including joint voluntary return
implementation,
programmes on specific countries or regions of origin,
former residence or transit;

(d) Studies on the current situation and possibilities for
enhancing administrative co-operation among Member
States in the field of return as well as on the role of
international and non-governmental organisations to
be played in this context;

(d) Studies on the current situation and possibilities for
enhancing
among
Member States in the field of return as well as on the
role of international and non-governmental organisa-
tions to be played in this context;

administrative

co-operation

(e) Exchange of

information,

support and advice in
dealing with the return of particularly vulnerable
groups;

(e) Exchange of

information,

support and advice in
dealing with the return of particularly vulnerable
groups;

(f) Organization of seminars for practitioners on best
practices focusing on specific third countries and/or
regions;

(f) Organization of seminars for practitioners on best
practices focusing on specific third countries and/or
regions;

(g) Joint measures enabling the reception of readmitted
former residence or

persons in countries of origin,
transit;

(g) Joint measures enabling the reception of readmitted
persons in countries of origin, former residence or
transit;

(h) Joint development of actions to ensure the durable
reintegration of persons in the country of origin or
former residence;

(h) Joint development of actions to ensure the durable
reintegration of persons in the country of origin or
former residence;

(i) Joint measures to monitor the situation of returnees

(i) Joint measures to monitor the situation of returnees

and sustainability of their situation after return.

and sustainability of their situation after return.

(j) organization of seminars and joint training for the
local,
law

staff of the competent national, regional,
urban and other competent administrative,
enforcement and judicial bodies

(k) promotion of a ‘Handbook of Best Practices’, a
common initiative of the Council of the European
Union, the European Commission, the European
Parliament and the CoR. This handbook should
comprise contributions from national, regional
and local public authorities and include strategies
for bringing citizens closer together, for coopera-
tion with associations and non-governmental
organisations,
local
networks, data collection and studies, and for
cooperation with police forces and institutions;

the establishment of

for

Where appropriate, action shall take into account
regional and local, public authorities.

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R e a son

Since the Commission proposal is based on the legal basis for which co-decision applies, the Committee of
the Regions should strive to present concrete amendments to the Commission proposal according to the
model used by the European Parliament.

2.6
regrets that expenditure for technical assistance in all four Decisions is low although public aware-
ness campaigns are crucial in the success and effectiveness of all policies in the field of Freedom, Security
and Justice;

encourages local and regional administrations to exchange training programmes and to work

2.7
towards synergy and partnership with appropriate European and national authorities;

encourages local and regional authorities to contribute to a fast and effective implementation of

2.8
measures proposed in the framework Programme;

2.9
launches a Committee of the Regions action plan to foster the spirit of a fair share of responsibil-
ities between Member States and within the Member States between national, regional, local, urban and
other public authorities in the field of migration;

2.10
stresses that it must be considered as a relevant and Community-focused partner, helping more
effectively to clarify the responsibilities of local and regional representatives as regards issues of funding
and managing of migration flows for the period 2007-2013 and thus helping to integrate these into the
cooperation mechanism that the Union wishes to implement.

Brussels, 16 November 2005.

The President

of the Committee of the Regions

Peter STRAUB