Communication from the Commission to the Council and the European Parliament - Priority actions for responding to the challenges of migration - First follow-up to Hampton Court
Date: 2005-11-30
Institutions: European Commission
Subjects: Africa, EU migration policy, cooperation policy, summit meeting, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.11.2005 
COM(2005) 621 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

Priority actions for responding to the challenges of migration: First follow-up to 
Hampton Court 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

Priority actions for responding to the challenges of migration: First follow-up to 
Hampton Court 

This Communication represents the starting point for the follow-up to the informal meeting of 
the  EU  Heads  of  State  and  Government  at  Hampton  Court  on  27  October  2005.  At  that 
meeting  Heads  of  State  called  for  comprehensive  approach  to  tackle  migration  issues. 
President Barroso announced after Hampton Court that ‘the Commission would develop a list 
of priority actions for improving global migration, with a special focus on the African region’. 
Both  the  security  and  development  aspects  of  migration  are  addressed  here.  This  is  in  line 
with the call for a coherent approach across a number of areas, as set out in the Conclusions 
on migration and external relations adopted by the Council on 21 November 2005. 

The Commission is fully committed to focusing on all aspects of migration. The initiatives on 
migration  issues  will  be  taken  forward  within  the  existing  framework  of  the  Commission 
work  in  the  fields  of  Development,  External  Relations,  in  particular  the  European 
Neighbourhood  Policy,  Freedom,  Security  and  Justice,  and  Employment.  They  should  be 
provided  with  the  appropriate  means  to  ensure  success.  Subject  to  the  decision  on  the 
financial  perspectives,  the  Commission  is  ready  to  intensify  its  financial  assistance  in  the 
areas concerning or related to migration. 

The  EU  has  recognised  on  many  occasions  the  importance  of  taking  a  balanced  and 
comprehensive  approach,  aimed  at  promoting  the  synergies  between  migration  and 
development,  and  based  on  a  long  term  strategy  to  address  the  root  causes  of  forced 
migration.  It  is  in  this  context  that  EU  development  cooperation  has  its  most  important 
contribution to make.  

The  Commission  recognises  the  need  for  a  coherent,  overall  and  balanced  approach  on 
migration issues, and the fact that setting up a clear and consolidated EU immigration policy 
adds  to  the  credibility  of  the  EU  on  the  international  stage  and  in  its  relations  with  third 
countries.  In  this  respect,  an  action  plan  on  legal  migration  will  be  presented  by  the 
Commission  by  the  end  of  2005.  While  immigration  should  be  recognised  as  a  source  of 
cultural and social enrichment, in particular by contributing to entrepreneurship, diversity and 
innovation, its economic impact on employment and growth is also significant as it increases 
labour  supply  and  helps  cope  with  bottlenecks.  In  addition,  immigration  tends  to  have  an 
overall  positive  effect  on  product  demand  and  therefore  on  labour  demand.  However,  it  is 
worth  noting  that  the  aspects  related  to  legal  migration  are  not  addressed  in  detail  in  this 
Communication.  

This Communication is focused mainly on certain aspects of the management of migration in 
relation  to  the  Mediterranean  area  and  Africa,  notwithstanding  the  importance  of  efforts  to 
manage  migration  flows  from  the  East.  More  specifically,  it  identifies  a  framework 
responding  to  a  series  of  short  term,  medium  term  and  long  term  actions  to  respond  to  the 
challenges of migration. 

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The  Hague  Programme,  endorsed  on  4  and  5  November 2004, provides an  ambitious set of 
measures  and  commitments  designed  to  improve  migration  management.  With  the 
establishment of the European Agency for the management of operational cooperation at the 
External Borders (FRONTEX), the EU has equipped itself with an important tool to promote 
the  enforcement  of  the  EU’s  integrated  border  management  policy  together  with  Member 
States  and  third  countries.  Furthermore,  on  1  September  2005,  the  Commission  adopted  a 
package  of  initiatives  that  deal  with  various  important  dimensions  of  migration,  including 
integration, the linkages between migration and development and return. The Action Plan on 
legal  migration  that  the  Commission  will  put  forward  in  December  2005  and  the 
Communication on illegal migration to be presented in 2006 will represent further important 
contributions to the deepening of the EU’s policies in these areas. Nevertheless, recent events 
in  Ceuta  and  Melilla  and  the  situation  in  Lampedusa  and  Malta,  as  well  as  in  some  Greek 
Islands, are clear indications that urgent action is required.  

Migration, if well managed, can be beneficial both to the EU and to the countries of origin. 
However, with increased migration comes the challenge of combating illegal immigration and 
human trafficking, including to avert the human tragedy that is a frequent consequence. The 
European Union is committed to enhance its efforts to respond effectively to these challenges 
showing responsibility and a strong sense of solidarity. Member States must support the EU in 
its endeavours and collaborate with each other in their management of migration flows and, at 
the  same  time,  the  EU  has  to  work  in  partnership  with  countries  of  origin  and  transit  and 
secure financial means to assist them.  

Heads  of  State  and  Government  at  Hampton  Court  called  for  renewed  action  to  manage 
migration  flows,  and  for  the  development  of  a  series  of  immediate,  practical  actions  to  be 
taken forward in partnership with source and transit countries. 

While  acknowledging  that  migration  is  a  global  phenomenon,  three  categories  of  actions 
should be envisaged:  

•  strengthening cooperation and action between Member States on migration issues; 

•  working with key countries of origin in Africa;  

•  working with neighbouring countries. 

On  each  of  these  subjects  several  actions  are  already  in  place;  policies  have  already  been 
developed; dialogues are underway; and significant financial means have been made available 
for a wide range of migration and development related initiatives. Yet, more can and will be 
done.  

I. 

Approaching migration as a global phenomenon  

The EU is faced with a number of migration-related challenges that stem from various parts of 
the  world.  In  this  sense,  it  is  important  to  bear  in  mind  that  Africa  and  the  Mediterranean 
countries,  even  though  they  are  the  main  focus  of  this  Communication,  are  only  two  of  the 
relevant  regions  of  origin.  Migration-related  issues  are  an  important  part  of  the  dialogue 
between the EU and its Eastern neighbours, whether as part of the enlargement process, or of 
the  stabilisation  and  association  process  with  the  countries  of  the  Western  Balkans,  in  the 
framework of the European Neighbourhood policy with regard to the Western NIS or in the 
context  of  the  EU’s  relations  with  Russia.  Similarly,  Latin  America  and  the  Caribbean  are 

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another  source  of  migratory  flows,  and  the  EU-Latin  America  Summit  scheduled  for  May 
2006 in Vienna will provide an opportunity to discuss a number of migration-related issues of 
interest to the respective sides. Likewise, Asia is also an important source of migratory flows, 
including significant flows of illegal migrants who transit via Africa or countries in Europe’s 
neighbourhood.  

Europe’s commitment to support the development efforts of countries of origin and transit is 
an obvious response to these challenges. By helping create livelihood opportunities that offer 
alternatives to emigration, EU development policy, centred on the eradication of poverty and 
the  achievement  of  the  Millenium  Development  Goals,  including  through  the  promotion  of 
economic growth and job creation and the promotion of good governance and human rights, 
helps  address  the  root  causes  of  migration.  In  this  respect,  the  EU  must  honour  its  recent 
commitments to increase its development assistance effort both in quantity and in quality, as 
stated  in  the  “European  consensus  on  development”  and  in  the  May  2005  Council 
Conclusions on the Millennium Development Goals.  

The  increasing  perception  of  the  importance  of  the  linkages  between  migration  and 
development is demonstrated by the organisation in September 2006, in the context of the 61st 
General  Assembly  of  the  United  Nations,  of  a  High  Level  Dialogue  on  International 
Migration and Development. The Commission will actively participate in the preparation of 
this  event.  It  intends  to  present  in  the  next  semester  a  Communication  to  this  effect,  taking 
into  consideration  the  EU’s  policies  on  migration  issues  related  to  development  in  the 
perspective  of  a  comprehensive  dialogue  on  globalisation  and  regional  cooperation  with 
developing countries. 

II. 

Increasing operational co-operation between Member States 

Member  States  already  work  together  on  many  initiatives  to  better  manage  migration.  The 
establishment of the FRONTEX Agency has provided the EU with a necessary tool to make a 
decisive  step  towards  strengthening  operational  cooperation.  In  its  proposals  on  the  new 
financial  perspectives  the  Commission  has  demonstrated  a  clear  commitment  to  securing 
significant financial resources to support these efforts. The Hague Programme identifies the 
prevention  of  humanitarian  tragedies  that  occur  in  the  Mediterranean  Sea  and  of  illegal 
migration  as  the  most  pressing  issue  and  calls  on  Member  States  to  intensify  their 
cooperation. In order to respond to this call for action, the following short-term actions should 
be taken forward: 

•  FRONTEX: 

•  will,  among  its  priorities,  implement,  as  a  matter  of  urgency,  the  border 
management  measures  envisaged  in  its  2006  work  programme  to  combat  illegal 
migration  in  the  Mediterranean  region,  in  particular  by  pilot  projects  and  joint 
operations. 

•  will present a Risk Analysis report on Africa to the Council by May 2006.  

•  will  be  requested  to  launch  in  2006  a  study  on  the  possibilities  to  reinforce  the 
monitoring  and  surveillance  of  the  Mediterranean  Sea.  This  study  will  consider 
the  feasibility  of  a  Mediterranean  Coastal  Patrols  Network.  This  network 
would  ensure  permanent  contact  and  coordination  between  Member  States’  sea 
border  surveillance  authorities  and  search  and  rescue  services  if  necessary  and 

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would  also  connect  similar  services  of  North  African  countries  that  could  be 
involved in the development of this project. To promote the timely launch of the 
Coastal  Patrols  Network,  FRONTEX  will  launch  a  pilot  project  for  the 
organisation and the day-to-day running of a network of national contact points in 
Member States for control and surveillance of the external maritime borders in the 
Mediterranean.  In  parallel,  FRONTEX,  together  with  Member  States,  should 
organise pilot projects aimed at better patrolling the EU maritime borders. If the 
experience proved positive, the network could be the basis for a more permanent 
structure under FRONTEX which would promote cooperation between all sides of 
the Mediterranean Sea, east and west. In these endeavours, it would be important 
to  make  use  of  modern  technology.  The  EU  must  look  into  the  technical 
feasibility of establishing a surveillance system to eventually cover the whole of 
the  Mediterranean  Sea,  thereby  providing  the  necessary  tools  to  detect  illegal 
immigration and save lives at sea in a timely and efficient way.  

•  Networks  of  Immigration  Liaison  Officers:  Member  States  and  the  Commission  will 
promote  the  use  of  Member  States’  Immigration  Liaison  Officers  (ILOs)  posted  in,  and 
responsible for liaison with priority countries of origin and transit, and establish regional 
ILO  networks.  ILOs  present  in  the  key  African  countries  of  origin  and  transit,  in 
connection with those already present in the Mediterranean countries, will report in close 
cooperation  with  EU  Delegations  on  the  situation  in  priority  countries  on  illegal 
immigration  and  trafficking  in  human  beings  towards  the  EU  with  the  aim  of  preparing 
joint cooperation between the EU and these countries. These reports shall be submitted to 
the Commission and Council by May 2006.  

•  Rapid reaction teams: The Commission will bring forward by spring 2006 a proposal for 
the  creation  of  teams  of  national  experts  able  to  provide  rapid  technical  and  operational 
assistance on border control to Member States faced with exceptional migratory pressures 
or influxes of migrants. 

•  Tackling  immigration  in  the  Mediterranean  region  and  the  law  of  the  sea:  The 
Commission will present its analysis of the existing international instruments on the law of 
the sea and their efficiency in the fight against illegal migration by March 2006.  

III. 

Dialogue and cooperation with Africa and in particular sub-Saharan countries 
of origin  

Migration,  if  well  managed,  can  be  a  positive  force  for  development  in  both  Africa  and 
Europe. In its Conclusions of 21 November the Council provided the political guidelines for 
the implementation of the proposals presented by the Commission in its Communication on 
migration and development on 1 September 2005. The Commission, in close cooperation with 
Member States, will play an active role in promoting an integrated and coherent approach and 
should take measures to begin early implementation, including encouraging the involvement 
of migrants themselves.  

As agreed in the Council conclusions on the EU Strategy for Africa adopted on 21 November 
2005, the EU will develop approaches on migration to optimise the benefits of migration for 
all partners in a spirit of partnership, with the following elements: 

•  a balanced dialogue on a broad range of migration issues, in partnership with the African 

Union, regional organisations and African states; 

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•  building  capacity  for  better  management  of  migration,  including  providing  technical  and 

financial assistance (to be agreed in context of new Country Strategy Papers); 

•  addressing the root causes of migration, such as poverty and insecurity; 

•  fostering the linkages between migration and development, e.g. by promoting safer, easier 
and cheaper remittance transfers, facilitate the role of diasporas as agents for development; 
explore options for temporary or circular migration; mitigate the impact of skill losses in 
vulnerable sectors; 

•  combating  smuggling  and trafficking in human beings and illegal immigration, including 
implementing  readmission  obligations,  as  provided  for,  inter  alia,  in  Article  13  of  the 
Cotonou Agreement; 

•  strengthening  protection  for  displaced  persons  and  refugees  and  their  access  to  durable 

solutions, in accordance with the relevant international instruments.  

More specifically, the following priorities will be pursued: 

•  Migration as an integral part of the political dialogue between the EU, the African Union 
and  other  regional  organisations  The  work  undertaken  by  the  African  Union  presents  an 
excellent  opportunity  for  the  AU  and  the  EU  to  cooperate  in  a  spirit  of  constructive 
partnership on a series of migration related issues that are of interest to both continents. 

•  EU-Africa  Ministerial  conference:  Given  the  importance  of  developing  a  clear  common 
political approach, a Ministerial conference on migration between Africa and the EU will 
take place in the first half of 2006.  

•  Migration  routes  initiative:  Joint  initiatives  to  develop  a  strategy  and  operational 
cooperation  between  countries  of  origin,  transit  and  destination  in  order  to  manage 
migration  more  effectively  along  key  migration  routes  should  be  encouraged.  This 
dialogue,  based  on  solidarity,  could  cover  actions  aimed  at  making  legal  migration  a 
success  while  ensuring  a  more  effective  fight  against  illegal  migration  and  trafficking  in 
human beings. 

•  Dialogue  with  key  countries  of  origin:  migration  issues  will  be  discussed  within  the 
framework of the dialogue with ACP countries. Where appropriate, concrete actions in the 
area of migration and development will be identified in the context of the dialogue on the 
new  Country  Strategy  Papers,  in  partnership  with  the  countries  concerned.  In  this 
framework, specific attention will be paid to a number of specific area: 

•  Remittances: the EU is taking action aimed at increasing competition in the EU 
payments market1. This should have a positive impact on the remittances market 
and  reduce  the  cost  of  remitting  money  by  improving  market  access  and 
competition.  It  may  also  help  to  foster  transparency  and  support  innovative 
remittance  schemes.  Moreover,  the  EU  should  work  to  improve  financial 
intermediation  in  countries  of  origin  so  as  to  facilitate  productive  use  of 

1  

Reference to the draft payment services directive, to be adopted in principle on 1 December 2005. 

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remittances in the framework of its assistance to the development of the financial 
services sector, including micro-financial institutions.  

•  Capacity  building  on  migration  management:  the  EU  and  developing  countries 
should  further  enhance  their  cooperation  in  the  area  of  migration  management, 
e.g.  by  improving  national  legislation  and  management  of  legal  migration  and 
asylum; making national legislation more effective to prevent and combat illegal 
immigration,  and  to  strengthen  the  fight  against  criminal  activities,  organised 
crime  and  corruption;  institution  building  and  technical  assistance  to  strengthen 
developing  countries’  capacities  to  combat  the  trafficking  and  smuggling  of 
human  beings;  capacity  building  in  the  field  of  visas  and  border  management, 
including  providing  equipment  when  necessary,  but  with  all  the  necessary 
safeguards in particular regarding potential dual use. 

•  Management of migration flows and skills: In order to raise the awareness on 
legal channels for migration to the Member States – as suggested in paragraph 6 
of  the  Council  Conclusions  on  Migration  and  External  Relations  –  the 
Commission will provide an overview of the possibilities and procedures for legal 
migration  to  the  Member  States,  and  will  evaluate  possible  methods  to  raise 
awareness thereof in countries of origin. The EU and the respective countries of 
origin should identify and support projects through which the legal movement of 
students,  researchers  and  workers,  on  a  permanent  or  temporary  basis,  can  be 
favoured. In addition, the Commission will soon present proposals for addressing 
the  human  resources  crisis  in  the  African  health  sector,  which  is  partly  due  to 
brain drain to the EU.  Preventing and combating  illegal  work should  be another 
priority,  where  the  EU  and  the  identified  key  countries  should  start  their 
cooperation by exchanging experiences and expertise. 

•  Improving  integration  in  destination  countries:  further  efforts  should  be 
undertaken  by  EU  Member  States  to  ensure  that  integration  of  migrants  will  be 
effective and sustainable, recognising the rights and responsibilities of the migrant 
and  the  host  society.  Particular  attention  should  be  paid  to  the  necessity  to 
facilitate  the  swift  and  early  integration  of  migrants  arriving  legally  as  well  as 
asylum  seekers  by  ensuring  appropriate  reception  conditions  as  well  as,  where 
possible, pre-arrival training courses. Similarly, projects will be supported in view 
of  raising  awareness  in  EU  Member  States  of  the  contribution  immigration  can 
bring  to  the  host  societies.  It  is  also  important  to  recognise  the  link  between 
members of the diaspora and their country of origin.  

IV.  Work with neighbouring countries 

Strengthening cooperation on migration issues with countries neighbouring the EU is crucial 
and  must  take  into  account  their  double  role  as  countries  of  origin  and  of  transit.  For  those 
countries  that  have  already  negotiated  an  Action  plan,  the  European  Neighbourhood  Policy 
provides  both  sides  with  a  structured  framework  for  dialogue,  including  a  specialised  sub-
committee. Such joint approach has already allowed the EU to develop a tailor-made response 
to  the  requests  and  concerns  expressed  at  bilateral  level  by  its  neighbouring  partners, 
including  those  reflecting  their  national  sensitivity.  For  those  countries  that  have  not  yet 
negotiated  an  Action  plan,  the  Association  Agreements  or  the  Partnership  and  Cooperation 
Agreements provide a legal basis for further action and dialogue.  

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In Eastern European, Southern Caucasus and Central Asia countries financial assistance has 
been  provided  in  the  past  years  for  improving  border  management  both  under  bilateral  and 
regional  assistance  programmes.  The  Commission  intends  to  continue  to  provide  financial 
assistance in this domain in the future Country and Regional ENPI programmes. 

Conclusion  of  readmission  agreements  is  an  important  part  of  the  comprehensive  approach 
towards migration. When implementing these agreements, human rights implications need to 
be given careful attention and solidarity and partnership with the neighbouring countries must 
be ensured. 

EU neighbouring partners, and in particular EUROMED partners, must intensify their efforts, 
in  a  spirit  of  constructive  partnership,  to  improve  the  management  of  migration.  With  the 
political framework now in place, the following steps should be taken:  

•  The EU will work with North African and other neighbouring countries to assist them in 
their  efforts  to  better  manage  migration,  including  helping  them  meet  their  obligations 
under  the  1951  Geneva  Convention  and  other  relevant  international  instruments  on 
international protection, fighting illegal migration, trafficking in human beings, as well as 
promoting  legal  channels  for  migration.  The  EU  will  support  these  countries  by  making 
available technical experts, increasing the use of twinning programmes, providing training, 
providing equipment where necessary and providing financial support to initiatives by EU 
Mediterranean  partners.  In  order  to  increase  the  EU’s  efforts  to  provide  international 
protection,  a  Commission  Communication  of  1  September  2005  encourages  the 
establishment of Regional Protection Programmes. 

•  Legal  migration:  the  Commission  will  explore  the  establishment  of  an  adequate 
information  flow  on  legal  migration  with  interested  neighbouring  countries.  Its  main 
purpose will be to collect, in a structured manner, information about the work on offer and 
skills  available  in  Mediterranean  partner  countries.  This  would  also  have  a  role  in 
informing partners about employment opportunities in Europe and the procedures that are 
in  place  to  apply  for  jobs  in  the  EU  Member  States.  This  would  need  to  be  done  in 
compliance with the principle of Community preference, as it is clear that full use has to be 
made of the labour resources available within the EU. 

•  EUROMED  Ministerial  Meeting:  A  meeting  of  JHA  EUROMED  Ministers  on  justice, 
security, migration and social integration of migrants will take place as early as possible in 
2006. 

•  Mediterranean Coastal Patrols Network: in order to make the Coastal Patrols network (see 
above)  as  effective  as  possible,  it  should  be  extended  as  soon  as  technically  feasible  to 
Mediterranean  third  countries.  A  pilot  project  to  be  launched  in  2006  will  explore  the 
possibility of associating them closely in the development of this initiative. 

•  Morocco:  increase  EU  efforts  to  assist  this  country  in  migration  management,  especially 
through effective implementation of projects to help combat trafficking in human beings, 
concluding  negotiations  of  the  EC-Morocco  readmission  agreement  and  improving  the 
controls of its southern and eastern borders.  

•  Algeria: Take forward cooperation with Algeria on the basis of the migration provisions of 
the  EC-Algeria  Association  Agreement  including  on  legal  migration,  control  of  illegal 

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migration, integration of the migration and development agenda and open negotiations on 
an EC-Algeria readmission agreement. A first meeting should be held in early 2006. 

•  Libya: in light of the significant progress made in EU-Libya relations a first EU-Libya ad 
hoc  senior  level  meeting  on  migration  will  be  held  in  December  and  will  agree  the  EU-
Libya Action Plan on illegal migration. The Action Plan will include joint cooperation on 
search and rescue in the Mediterranean Sea and Saharan desert. Implementation of several 
projects contained within the Action Plan in 2006 should be ensured. 

•  EU/Mediterranean  dialogue  on  migration:  The  ways  to  facilitate  these  bilateral  and 
multilateral cooperation initiatives should be explored. While fully respecting the political 
and  institutional  frameworks  in  place,  which  allow  flexible  intra-regional  initiatives,  and 
avoiding duplication, this work could advantageously take into account the experience of 
the existing informal 5+5 Ministerial Western Mediterranean dialogue and linked with the 
overall framework of the Barcelona process and the technical subcommittees. It could also 
aim at identifying matters of common concern and possibilities for further cooperation, in 
areas such as the fight against illegal migration and trafficking in human beings. 

•  Intensifying research: in order to improve the understanding of migratory movements, their 
causes  and  consequences  for  countries  of  origin,  transit  and  destination,  the  activities 
started under  the migration component of the regional JHA I MEDA programme will be 
continued  and  further  consolidated  in  order  to  ensure  coordination  with  the  European 
Migration Network (EMN). 

Conclusion:  

These priority actions mark an important step towards improving migration management by 
making  better  and  more  coordinated  use  of  existing  EU  instruments  and  policies.  The 
Commission  will  work  in  close  partnership  with  the  Member  States  and  third  countries  to 
further develop these actions in a true spirit of solidarity and partnership. In doing so, the EU 
will  be  able  to  respond  to  the  opportunities  migration  presents  and  provide  the  appropriate 
answers to the challenges that come with it. The monitoring of the proposed initiatives should 
enable  the  Commission  to  report  back  to  the  Council  on  the  first  results  of  the  suggested 
initiatives by the end of 2006. These results should be taken into account when adjusting the 
general priorities as part of the mid-term review of the Hague programme. 

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