Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council on Community statistics on migration and international protection  COM(2005) 375 final — 2005/0156 (COD)
Date: 2006-04-21
Institutions: European Economic and Social Committee
Subjects: ESC opinion, EU statistics, migratory movement, population statistics, right of asylum

8.8.2006

EN

Official Journal of the European Union

C 185/31

Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the
European Parliament and of the Council on Community statistics on migration and international
protection

COM(2005) 375 final — 2005/0156 (COD)

(2006/C 185/06)

On 15 November 2005 the Council decided to consult the European Economic and Social Committee,
under Article 262 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee's work on the subject, adopted its opinion on 22 February 2006. The rapporteur was
Ms Sciberras.

At its 426th plenary session, held on 20 and 21 April 2006 (meeting of 20 April 2006), the European
Economic and Social Committee adopted the following opinion by 131 votes in favour with 3 abstentions.

1. Introduction

1.1
In 1999, the Treaty of Amsterdam came into force. One
of the objectives of this Treaty is the maintenance and develop-
ment of ‘… the Union as an area of freedom, security and
in which the movement of persons is assured in
justice,
conjunction with the appropriate measures, with respect to
external border controls, asylum, immigration and the preven-
tion and combating of crime’ (1).

1.2
This signified a revolutionary milestone, in that migra-
tion policy was transferred from the third pillar of the Euro-
pean Union, based on intergovernmental cooperation to the
first pillar, where policies are initiated by the European
Commission. First May 2004 also marked the beginning of a
new phase in the field of migration policy in the 25 Member
States, as this gradual change from national policy to a collec-
tive policy was further extended.

1.3
On 17 December 2005 the British Presidency was
successful in concluding an agreement on the financial perspec-
tive for 2007-2013, the framework for the Union's finances
over the next period (2).

1.5
The Thessaloniki European Council of 2003 also urged
the exploration of ‘legal means for third country nationals to
migrate to the Union, taking into account the reception capaci-
ties of the Member States’ (3).

1.6
Deliberations in this regard, particularly the assessment
of the reception capacity of individual Member States, must
take into consideration not just the population, land area and
economic size of the individual State but also the existing
migrant population and current migration flows. These in turn
cannot be correctly assessed without
the harmonisation of
statistical meta-data (data collection rules) across the Member
States, to assure the internal consistency of EU-wide statistics.

1.7
The lack of harmonisation of statistics is partly the
result of differences in definitions of migration, that may in
turn be related to differences in legislation relating to migra-
tion. There are also inefficiencies and deficiencies in data collec-
tion which hinder
the establishment and development of
gradual harmonisation.

Under the heading,

‘Citizenship, Freedom, Security and
1.4
Justice’, the security of the EU citizens in the 25 Member States
is being seen to with an expected expenditure on various initia-
tives in such fields as border protection. The expenditure under
this heading is expected to increase significantly in the next
eight years. However, there are also initiatives in the field of
social policies reflected in social projects such as the European
Refugee Fund and the integration fund, aimed at improving the
service provision to immigrant populations of Member States.

(1) Article 1-B.
(2) EESC opinion of 19.1.2006 on Fundamental Rights and Justice,

rapporteur: Ms King (OJ C 69 of 21.3.2006).
EESC opinion of 14.2.2006 on Management of migration flows,
rapporteur: Ms Le Nouail-Marlière (OJ C 88 of 11.4.2006).
EESC opinion of 14.12.2005 on Proposal for a Council Decision
establishing the specific Programme Prevention, Preparedness and
Consequence Management of Terrorism, for the Period 2007-2013,
rapporteur: Mr Cabra de Luna (OJ C 65 of 17.3.2006).

In addition, illegal immigration and undeclared work are
1.8
common and on the increase, prompted in part by the restric-
tions on legal channels for legal migration. Such unrecorded
migration is an area where statistical measurement is more
likely to be inaccurate. Particularly in this case the extent and
method of statistical calculation are likely to vary between
different national
statistical authorities, making meta-data
harmonisation between the Member States all the more essen-
tial. In the United States, for example, the issue of the underre-
porting of illegal immigrants came up in the form of a discus-
sion concerning whether census figures should be adjusted by
use of data on unrecorded residents collected through sampling
techniques. There are also other methods apart from sampling
techniques that can be applied for statistical collection.
In
France, for example, the local authorities are involved in the
area of data collection.

(3) Point 30 of Presidency Conclusions.

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1.9
The draft of the Constitutional Treaty recognises ‘the
right of Member States to determine volumes of admission of
third-country nationals coming from third countries to their
territory in order to seek work, whether employed or self-
employed’ (4). The EESC has expressed the opinion that this
constitutional constraint does not prevent
the Union from
reaching a high level of legislative harmonisation for the admis-
sion of migrants. The EESC has emphasised the need for an
active EU policy on economic migration, and for harmonised
legislation (5).

the EU. Moreover such intra-EU flows would alleviate the
adjustment difficulties faced by migrant-receiving communities
that have a lower absorptive capacity.

1.14
The Committee is proceeding from the position that in
order to guarantee human rights respect and protection of
human dignity of every individual, each process of personal
data collection/processing for statistical reasons or/and any
other official use of personal data, collected in this way, should
be highly protected against any misuse of procedure or other
violations.

1.10
The further development of the legal framework for
immigration is justified in part by demographic realities and
the pursuit of the Lisbon strategy. The EESC has noted that
‘demographic trends in the EU and the Lisbon Strategy mean
that Europe will need to adopt active policies for admitting
economic migrants. Although each country has its own needs
and specifics, the opening of channels for economic migration
is a characteristic common to all Member States’ (6). The Euro-
pean Union and the Member States require legislation that
allows labour migration through legal and transparent chan-
nels. The Committee acknowledges that although the emphasis
here is on the economic aspect of migration, this is on its own
a reductive approach and acknowledges that Member States
also need to adopt active policies for the entry of non-
economic migrants.

1.11
Large migratory flows also bring about adjustment
difficulties in the receiving countries, as a result of the resulting
pressure on public services and also possible consequences on
labour market conditions. These consequences vary with the
absorptive capacity of
the receiving country. An informed
public opinion on the implications of migration flows requires
accurate statistical
information that is consistent across the
Member States. The presence of statistical accuracy can also
contribute to challenging xenophobic tendencies which may
exist as part of public opinion, such as attitudes like ‘immi-
grants are taking the jobs of locals’ and ‘they are invading us’.

Reliable statistical

information can help promote a
1.12
common legal
framework, which would contribute to the
protection of the rights of migrants. The Committee encourages
the Commission to place an emphasis on the importance of the
accurate collation and interpretation of statistical information
so as to avoid mis-interpretation of data.

2. Importance of statistical data within a legal framework

2.1
Statistical information reflecting the political, social and
economic position as well as the national attitude of EU coun-
tries in relation to the migration issue can influence and contri-
bute to the formulation, analysis and review of migration
policy in these countries.

demographic

2.2
Accurate statistical data is very important in mapping
out the migrant populations of EU States, including size and
other
The
characteristics,
Committee urges the Commission to emphasise the need for
accurate statistical data in this area, so that Member States
recognise the importance of
this subject and place more
resources here.

among

others.

3. Data on migration

3.1
The features of the migration scenario have to be kept
in mind. First the east-west direction of migration in search of
there are more
better living conditions prevails. Secondly,
immigrants to the new EU states from outside the European
Union, obviously attracted by the potential advantages resulting
from EU membership of these countries, with the added bonus
of using these countries as a stepping stone to the West. Statis-
tical information about the patterns of the migration is essential
for Member States to analyze past and current migration flows,
as well as forecast future ones; and analyze the impact upon
and potential for demographic, social and economic aspects,
which in turn will influence policies in these areas.

1.13
Since migrant workers constitute such an important
part of the labour force, pursuit of the objective of labour
market mobility across the EU has to take into consideration
the implications of restrictions on intra-Member State move-
ment and relocation of migrant workers who originate outside

4. Benefits of statistical data

(4) Article III-267-5.
(5) EESC Opinion of 9.6.2005 on Green paper on an EU approach to
managing economic migration, rapporteur: Mr Pariza Castaños (OJ
C 286 of 17.11.2005).
(6) See footnote 5, point 1.5.

4.1 Most EU Member States have developed thorough statis-
tics on the country of origin of the asylum seekers. However,
there is still a great need for a more in-depth statistics based on
consistent criteria between the members for future transna-
tional comparisons.

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4.2
The proposed regulation for a common framework for
the collection and compilation of statistics is especially neces-
sary in countries where not even a central data-base on migra-
tion and asylum is kept, with the various authorities keeping
their own data-bases.

4.3
One of the fundamentally important roles that statistics
play is the influence in the development and review of policies.
For example, where statistics revealed that among the irregular
immigrant population there were children, unaccompanied
minors, pregnant women and disabled persons, this led to the
development of national policies on the release of ‘vulnerable
groups’ from detention and on ‘unaccompanied minors’. Hence,
the further breakdown of statistics to gather more demographic
and socio-economic
language
spoken, apart from just incoming numbers has an impact on
policies. Also, the latter can have implications for the integra-
tion of migrants in the labour market.

including the

information,

and comprehensive

4.4 More precise
statistic keeping
permits better projections to be made, and accordingly provides
a platform on which to base future planning for resources, for
example. Statistics also provide a solid tool to support the allo-
cation of resources. For example, if yearly statistics show that a
steady number of unaccompanied minor irregular immigrants
are entering a country, then resources need to be planned/
expanded to provide special accommodation facilities and
support services for this group.

Good statistics keeping will contribute to ensuring that
4.5
the services provided are meeting the needs of the service user;
and that resource allocation between Member States can be
carried out justly and proportionately.

4.6
Also, a comparative survey of all immigration laws prac-
tised in the EU-25 would definitely help the European Commis-
sion to better coordinate immigration policy at EU level.
Although immigration falls under the pillar of
Justice and
Home Affairs, there is an ever-increasing pressure from Euro-
pean citizens, especially from countries hit by this human
phenomenon, for this issue to be tackled at EU level. The aim
of such a survey would be to work towards statistical harmoni-
sation in order to aid EU policies on immigration become
more coherent.

Reliable statistical information and surveys on the char-
4.7
acteristics of illegal
immigrants would help the EU Member
States to analyse the underlying causes of irregular immigra-
tion. Such data could include the socio-economic background
of these immigrants, their skills base, their aspirations and their
reasons
for emigrating. These surveys could lead to an
improved standard of information being kept about immigrants
educational
and the organisation of
programmes and training ones for them. The collection of
statistics — e.g. on the number of immigrants informed about
applying for international protection, the number of applica-

resources

such as

tions submitted, approved and rejected for the different types
of status (Article 4) — is also crucial for drawing up a policy
for the protection of immigrants. The collection and processing
of data should be placed under the control of public authorities
in the Member States, equipped with new resources in terms of
manpower, skills and tools. These authorities would then be
given the task of guaranteeing the confidentiality of
the
personal data collected and producing annual reports for their
respective parliaments. The collation of such information and
statistical data requires a joint effort among Member States in
the recruitment of professional interpreters who could commu-
nicate with the immigrants in order to elicit all the data neces-
sary for a successful survey. Such data collection would also
assist Member States in implementing appropriate policies. The
above-mentioned programmes contribute to the integration of
immigrants into the societies of Member States, and funds are
available for the collection of data on the social background of
immigrants, among other criteria. Such statistical tools would
also assist entities as the European observatory in the protec-
tion of human rights.

Statistics are also needed on detention centres and open
4.8
centres hosting illegal
the European
immigrants
Commission could propose some form of a common policy on
this issue.

so that

4.9 Member States should also cooperate on the collation of
data regarding the jobs (legal and illegal) and housing of immi-
grants. This data will provide the EU-25 with trends that could
lead to policies aimed at improving the life and conditions of
these immigrant workers. Thus Member States would be
required to ensure that the confidentiality of the personal data
collected is respected in practice and set up appropriate bodies
with the remit of drawing up annual reports for their respective
parliaments.

4.10
Statistics could also be used in awareness campaigns
and integration campaigns. Statistical data, especially on the
social and educational background of immigrants, could further
assist EU citizens to help integrate these immigrants. Hence,
the Committee encourages
the Commission regarding the
adoption of the importance of social and educational data.

4.11
Statistics on expenses incurred by the recipient country
in the control, detention, return and integration of immigrants
are also of utmost importance so that the EU-25 would help in
drafting some form of a common fund and policy on immigra-
tion based on solidarity. Statistics can also contribute to a
better assessment of the need for funding.

4.12
The Committee encourages the Commission to intro-
duce new criterion of arrivals, to include those by air, land or
sea, in order for more comprehensive statistics on prevention
of illegal entry and stay (Article 5) and improvement on data
sources and standards (Article 9).

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5. The necessity of ensuring international protection for

immigrants

In recent years Europe has witnessed an influx of irre-
5.1
gular immigrants from sub-Saharan Africa and other African
countries. Irregular immigrants and asylum seekers are often
persons who have escaped from their country of origin to flee
from persecutions based on religion, race and politics, among
others, as well as from civil war, famine, poverty, natural disas-
ters and economic reasons. Many have witnessed family
members being killed, tortured, suffering other atrocities, and/
or have been separated from them. Their
experiences
throughout their journeys often render them to being trauma-
tised, vulnerable and in need of protection. Quality statistical
information on the reasons for emigration can identify the
causes of immigration and assist in further developing and eval-
uating policies on asylum and human trafficking.

Countries receiving irregular immigrants and all persons
5.2
who will be working with them must comply with interna-
tional human rights' obligations and domestic immigration and
refugee legislation, in order to be able to offer them protection.
The security forces (army and police) of the recipient countries
are initially obliged to offer rescue and life-saving operations
and EU minimum standards of reception. In the latter, medical
treatment is offered where necessary, as well as establishing as
far as possible the country of origin of the irregular immigrant
and other demographic data. The immigrant also has a funda-
mental right to information about how to apply for asylum.
The collection of statistics such as the number of immigrants
informed about applications for international protection, about
the number of applications submitted, the numbers of accep-
tance and rejections of the different types of status (Article 4),
is also imperative in the formulation of policies regarding the
protection of immigrants.

Brussels, 20 April 2006.

5.3
Receiving countries must observe the international
human rights' obligations undertaken by them when they
became signatories to international and or regional Conven-
tions/ Declarations/Treaties. The European Union requires as
part of the core requisites of the Acquis, that Member States
are party to the 1951 Refugee Convention, 1967 Protocol and
the European Convention for the Protection of Human Rights
and Fundamental Freedoms (ECHR). The fundamental docu-
the Universal
ment underpinning these Conventions was
declaration of Human Rights, 1948 (UNHR), which includes
the right to claim asylum. The Refugee Convention is a vital
part of the framework of international human rights. Other
conventions have subsequently followed, including the Conven-
tion against Torture 1984, and the Convention on the Rights
of the Child (7). Member States must also observe EU directives,
notably 2003/9/CE on minimum standards on reception (8),
2004/83/CE on minimum standards for the qualification and
status (9) and 2005/85/EC on minimum standards on proce-
dures in Member States for granting and withdrawing refugee
status (10).

Therefore,

it is essential that receiving countries abide
5.4
by these conventions to firstly ensure that asylum seekers are
offered basic protection, and should not be ‘refouled’ before
their application for asylum has been assessed and humani-
tarian, refugee status or otherwise has been established.

5.5
Comparative surveys of Member States' application of
definitions related to immigration as set out in Article 2 and
application of Article 4 as above-mentioned (both Articles from
the above-mentioned source), greatly contribute to ensuring the
international protection of immigrants.

The President

of European Economic and Social Committee

Anne-Marie SIGMUND

(7) Mackey, Allan (Senior Immigration Judge, U.K). Paper entitled ‘Poli-
cies serving migratory purposes and the need to assure protection
to asylum seekers and refugees’, presented at the TAIEX Seminar,
Malta, 15-16 December 2005.

(8) EESC opinion of 7.11.2001 on Proposal for a Council Directive
laying down minimum standards on the reception of applicants for
asylum in Member States. Rapporteurs: Mr Mengozzi and Mr Pariza
(OJ C 48 of 21.2.2002).

(9) EESC opinion of 13.5.2002 on Proposal for a Council Directive on
minimum standards for the qualification and status of third-country
nationals and stateless persons as refugees or as persons who other-
wise need international protection. Rapporteur: Ms Le Nouail
Marlière (OJ C 221 of 17.9.2002).

(10) EESC opinion of 6.4.2001 on Proposal for a Council Directive on
minimum standards on procedures in Member States for granting
and withdrawing refugee status. Rapporteur: Mr Melícias (OJ C 193
of 10.7.2001).