Communication from the Commission on Policy priorities in the fight against illegal immigration of third-country nationals
Date: 2006-07-19
Institutions: European Commission
Subjects: EU migration policy, cooperation policy, illegal migration, migration control, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.7.2006 
COM(2006) 402 final 

COMMUNICATION FROM THE COMMISSION 

on Policy priorities in the fight against 
illegal immigration of third-country nationals 

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COMMUNICATION FROM THE COMMISSION 

on Policy priorities in the fight against 
illegal immigration of third-country nationals 

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INTRODUCTION  

This Communication forms an integral part of the EU´s comprehensive and structural 
approach  towards  effective  migration  management  and  complements  recent  policy 
initiatives  in  this  area,  such  as  the  Policy  Plan  on  Legal  Migration1,  the 
Communication on Migration and Development2, and the Communication proposing 
a Common Agenda for Integration3. 

Addressing  illegal  immigration  of  third-country  nationals  specifically  has  been  a 
central part of the EU's common migration policy since its inception. In particular, in 
its  2001  Communication  on  a  common  policy  on  illegal  immigration,  the 
Commission announced its intention to ´address the issue of illegal immigration with 
a  comprehensive  approach´  that  addresses  the  different  stages  of  the  migration 
process.  The  three  2002  Council  Action  Plans  on  illegal  immigration,  external 
borders and return listed a comprehensive set of measures. The Commission’s 2003 
Communication assessed progress made under these Action Plans and announced an 
annual stocktaking, to which the 2004 report responded. A similar report is annexed 
to  this  Communication,  covering  progress  made  in  2005.  A  further  annex  contains 
statistical data on migration flows to the EU-25. 

The  term  ‘illegal  immigration’  is  used  to  describe  a  variety  of  phenomena.  This 
includes  third-country  nationals  who  enter  the  territory  of  a  Member  State  illegally 
by land, sea and air, including airport transit zones. This is often done by using false 
or forged documents, or with the help of organised criminal networks of smugglers 
and  traffickers.  In  addition,  there  is  a  considerable  number  of  persons  who  enter 
legally  with  a  valid  visa  or  under  a  visa-free  regime,  but  “overstay”  or  change  the 
purpose of stay without the approval of the authorities; lastly there are unsuccessful 
asylum seekers who do not leave after a final negative decision. 

The  Hague  Programme  sets  the  agenda  for  stepping  up  the  fight  against  all  these 
forms  of  illegal  immigration  in  a  number  of  policy  areas;  border  security,  illegal 
employment,  return  and  cooperation  with  third  countries.  Five  years  after  the  first 
Communication on illegal immigration and six months after the presentation of the 
Policy  Plan  on  Legal  Migration,  time  has  come  to  revisit  this  crucial  topic,  in  the 
light  of  mounting  migratory  pressure  at 
the  EU´s  external  borders.  This 
Communication  therefore  sets  out  new  policy  priorities  and  proposes  a  number  of 
practical and action-oriented measures. 

1 
2 
3 

COM(2005) 669, 21.12.2005. 
COM(2005) 390, 1.9.2005. 
COM(2005) 389, 1.9.2005. 

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ELEMENTS OF THE EU APPROACH 

Illegal  entry,  transit  and  stay  of  third-country  nationals  who  are  not  in  need  of 
international protection undermine the credibility of the common immigration policy. 
Without reinforced Community action, the crisis as already seen and perceived today 
would increase both in qualitative and quantitative terms. 

The comprehensive EU approach to combat illegal immigration is guided by a set of 
fundamental  principles  which  aim  to  reconcile  the  need  for  solidarity  within  the 
Union, fundamental rights, expectations of third countries, and public perception in 
Member States. 

Solidarity,  mutual  trust  and  shared  responsibility  between  Member  States  is  a 
key requirement in an area without internal borders, which poses a particular burden 
with respect to pressure from illegal immigration on Member States who control an 
external border. 

Fundamental  rights  must  be  protected  and  promoted.  Irregular  migrants  must  be 
offered  a  humane  and  dignified  treatment  particularly  as  they  are  often  victims  of 
traffickers'  networks  and  exploited  by  employers.  Any  legislative  initiative  in  this 
field  therefore  should  be  subject  to  an  assessment  to  evaluate  its  impact  on 
fundamental  rights.  Any  limitation  must  be  in  compliance  with  the  Charter  on 
Fundamental  Rights  and  the  European  Convention  on  Human  Rights  and 
Fundamental Freedoms, and thus be in accordance with the law and necessary in a 
democratic society. 

Mixed  migratory  flows  where  there  are  a  plethora  of  reasons  for  individuals´ 
attempts  to  enter  the  EU,  including  for  international  protection,  present  Member 
States  with  an  array  of  challenges.  For  this  reason,  an  effective  policy  on  illegal 
immigration  has  to  respond  to  different  areas  of  concern  and,  at  the  same  time, 
ensure that international human rights obligations are fully respected, including the 
right to seek asylum. 

An  essential  component  of  EU  migration  management  is  partnership  with  third 
countries with a view to ensuring coherence between internal and external action. In 
addition  to  cooperation  with  the  immediate  aim  of  reducing  and  preventing  illegal 
immigration, this also encompasses measures to help countries of origin address the 
root  causes  and  push-factors  of  irregular  migration  flows.  Illegal  immigration  is  a 
complex phenomenon that must be tackled in all its dimensions. 

A  firm  policy  to  prevent  and  reduce  illegal  immigration  could  strengthen  the 
credibility of clear and transparent EU rules on legal migration, as foreseen in the 
Policy  Plan  adopted  by  the  Commission4.  Conversely,  the  existence  of  such  rules 
may in itself reduce illegal immigration by offering perspectives to those who may 
otherwise  migrate  illegally.  Generally,  labour  migration  can  contribute  both  to 
tackling the effects of demographic change in the EU and in the satisfaction of labour 
market needs. 

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See footnote 1. 

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12. 

3. 

13. 

It  is  important  not  to  create  false  or  disproportionate  expectations  in  the  public 
opinion: The reasons that push third-countries nationals to seek to immigrate illegally 
are  so  wide  and  complex  that  it  would  be  unrealistic  to  believe  that  illegal 
immigration  flows  can  be  completely  stopped.  Public  perception  which  tends  to 
establish a link between some societal problems and illegal immigration should also 
be taken into account. The EU and its Member States must promote a rational debate 
based on objective information in order to eradicate racism and xenophobia including 
by adopting and implementing effective EU legislation in this area.  

POLICY PRIORITIES 

A multi-faceted approach that targets measures at all stages of the migration process 
is  necessary  given  both  the  scale  of  the  challenge  and  the  complexity  of  the 
phenomenon. This Communication therefore addresses nine different priority areas. 
For each issue, the current state of play is examined and the context set out. On that 
basis, perspectives for action and activities are presented. 

a. 

Cooperation with third countries 

14. 

15. 

Dialogue and cooperation on migration between the EU and countries of origin and 
transit  is  crucial  and  will  be  further  strengthened.  Such  cooperation  has  been 
developed  with  the  countries  of  the  Eastern  and  Southern  neighbourhood  and  the 
Balkans Intensified engagement with other key countries such as Libya is required to 
secure commitment to effective cooperation. Illegal immigration is also increasingly 
on the agenda of relations with Latin America and with certain Asian countries.  

In  response  to  recent  and  ongoing  illegal immigration  in  the  Mediterranean  region, 
the  European  Council  of  15-16  December  2005  underlined  the  need  for  a  global 
approach  based  on  concrete  actions  and  decided  to  allocate  up  to  3%  of  the 
relevant financial instruments to intensify financial assistance in areas concerning 
or  related  to  migration.  Short  and  mid-term  measures,  such  as  joint  patrols, 
surveillance  and  reinforced  response  capability  have  been  implemented  and  are 
aimed  at  preventing  loss  of  life  at  sea.  Furthermore  a  25M€  Migration  Capacity 
Building  Facility  for  ACP  countries  has  been  adopted,  targeting  mainly  technical 
assistance for a better managed migration. Enhanced cooperation and dialogue on 
a broad range of migration issues with Sub-Saharan African states and neighbouring 
countries  across  the  entire  Mediterranean  region  is  part  of  the  longer  term  agenda. 
Relevant frameworks include (a) the political dialogue under the Cotonou Agreement 
between EU and ACP countries, notably its Article 13; (b) the political dialogue with 
the  EU´s  Mediterranean  partners;  (c)  dialogue  with  and  between  (sub)  regional 
the  Economic  Community  of  West  African  States 
organisations, 
(ECOWAS) and the African Union (AU); and (d) specific ad hoc regional initiatives 
such as the Rabat conference.  

including 

16. 

In  the  context  of  development  cooperation  policies  and  programmes,  the  EU  will 
continue  to  address  the  push-factors  for  illegal  immigration,  such  as  poverty, 
unemployment, conflict, environmental degradation, bad governance, lack of access 
to  education,  health,  etc.  Migration  aspects  will  continue  to  be  integrated  into  the 
EU's  strategies  for  assisting  developing  countries,  in  close  partnership  with  the 
countries concerned. Where appropriate and by mutual agreement, the EU will help 

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partners  in  the  developing  world  to  enhance  their  capacity  to  better  manage 
migration flows and fight against human trafficking.  

17. 

Furthermore,  and  as  announced  in  the  Policy  Plan  on  legal  migration,  the 
Commission  will  take  steps  to  expand  the  sources  of  information  available  in 
countries of origin on the possibilities and conditions of legal immigration to the EU. 
To that end, the Policy Plan foresees that the Commissions starts work to establish an 
EU immigration portal in 2006. This portal will comprise both information on legal 
migration opportunities and on the dangers and consequences of illegal immigration 
into  the  EU.  In  addition,  the  possibility  of  establishing  information  points,  for 
instance in selected African countries, will be considered, as well as the feasibility of 
information campaigns. 

b. 

Secure Borders – Integrated Management of External Borders 

18. 

19. 

20. 

21. 

The Community Borders Code, including the non-binding practical guide for border 
guards to be issued in September 2006, the Regulation on local border traffic and the 
Regulation  establishing  the  European  Agency  for  the  Management  of  Operational 
Cooperation  at  the  External  Borders  (FRONTEX)  together  represent  a  legal  and 
operational framework through which border controls can be further developed to a 
high standard.  

The  future  External  Borders  Fund  will  further  increase  solidarity  between  Member 
States by supporting the fair share of responsibilities concerning the financial burden 
arising from the management of the Union’s external borders. 

With a view to further enhancing the effectiveness of joint border control operations, 
technical  cooperation  and  conclude  necessary 
FRONTEX  will 
arrangements  with  third  countries,  in  particular  neighbouring  and  candidate 
countries. 

facilitate 

A  common  understanding  of  integrated  border  management  to  cover  the  full 
spectrum  of  border  management  activities  at  EU  level  should  be  developed.  This 
approach  would  include  the  identification  of  best  practices  for  an  integrated  border 
management  model.  To  support  this,  the  Commission  proposed  a  regulation  to 
establish  a  mechanism  to  provide  rapid  assistance  to  a  Member  State  facing  a 
situation  of  particular  pressure  at  the  external  border5.  It  will  also  carry  out  an 
evaluation of FRONTEX in 2007 which will comprise a review of its current tasks 
including  an  assessment  of  whether  its  remit  should  be  extended.  Furthermore  a 
supervisory  mechanism  to  supplement  current  Schengen  evaluation  arrangements 
including unannounced inspections is envisaged. 

22. 

Biometric technology will have a significant impact on border control systems. The 
potential  of  this  technology  should  be  exploited  to  enhance  the  effectiveness  of 
border  control  operations  while  taking  into  account  ethical  concerns  and  the 
protection of fundamental rights. 

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COM(2006) 401, 19.7.2006. 

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23. 

24. 

25. 

26. 

27. 

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To this end, an integrated technological approach - e-borders - should be included 
in  the  fight  against  illegal  immigration.  In  the  context  of  intelligence-led  border 
management6,  advance  passenger  information  is  used  for  border  control  purposes. 
Directive 2004/82/EC provides for an obligation for certain carriers to communicate 
data  contained  in  their  passenger’s  passports  to  the  authorities  which  carry  out 
checks  on  persons  at  the  external  border.  Further  to  the  full  implementation  of  the 
Directive  by  September  2006,  this  system  should  be  extended  to  other  carriers  and 
further  enhanced,  with  a  view  to  developing  threat  analyses  and  risk  assessments. 
This  implies  a  more  comprehensive  targeted  use  of  data.  Here,  the  pursuit  of  the 
general interest of the Union in combating illegal immigration shall fully respect data 
protection obligations. 

Technology  should  also  be  used  in  the  entry/exit  context.  Community  rules 
currently  do  not  provide  for  automated  registration  of  third-country  nationals  on 
entry  into  or  exit  from  the  territory  of  the  EU7.  Member  States  are  obliged  to 
systematically  stamp  travel  documents  of  third-country  nationals,  both  at  entry  and 
exit which is done manually by border guards when a third country national crosses 
the border. Overstayers are thus only identified by comparing entry and exit stamps. 

The Visa Information System (VIS) will enable border control authorities to check a 
visa application history and to verify whether a person presenting a visa is the same 
person to whom it was issued. However, it will not keep track of the various entries 
of third-country nationals or check on whether persons have left by the end of their 
entitlement to stay. Moreover, the VIS does not concern third country nationals who 
are  not  required  to  hold  a  visa  to  enter  the  EU.  The  second  generation  Schengen 
Information  System  (SIS  II)  will  contribute  to  maintaining  a  high  level  of  security 
within  an  area  without  internal  border  controls.  The  alerts  registered  in  respect  of 
third  country  nationals  only  concern  persons  to  be  refused  entry  into  the  Schengen 
area, which is a very limited number compared to those required to be registered by 
an entry-exit system. 

To address the above-mentioned constraints on the VIS and SIS II, the creation of a 
generalised  and  automated  entry-exit  system  to  complement  existing  databases 
would  facilitate  checks  on  the  immigration  and  residence  status  of  third  country 
nationals  entering  and  exiting  EU  territory.  This  would  reinforce  Member  States´ 
capacity to verify if a third country national was ´overstaying´ or had done so in the 
past. Such a system could also be used as a register of workers from third countries 
to facilitate legal migration management, in particular for seasonal workers schemes, 
in line with the 2005 Policy Plan on legal migration.  

Given  the  huge  impact,  the  large  financial  implications,  and  the  technological 
complexity  of  such  a  system,  the  Commission  will  carry  out  a  comprehensive 
study, to be initiated in 2006, to assess the feasibility and proportionality of such a 
system,  as  well  as  its  legal  implications  and  here  in  particular  the  respect  of  data 
protection rules 

Intelligence-led  border  management  describes  a  process  of  gathering  and  analysing  data  for  threat 
analysis and risk assessment, with a view to establishing certain risk criteria. This would allow border 
control authorities to filter out passengers who fall under one of these categories, in order to carry out 
additional checks. 
See also COM(2005) 597, 24.11.2005. 

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c. 

Fight against Human Trafficking 

28. 

29. 

30. 

The  EU  Plan  on  best  practices,  standards  and  procedures  for  combating  and 
preventing trafficking in human beings, adopted by the Council on 1 December 2005 
and based on the Commission Communication8, sets the agenda in this field for the 
medium term. The Action Plan covers a range of issues such as measures to improve 
the  understanding  of  the  crime  and  its  dimensions,  prevent  trafficking,  reduce 
demand,  more  efficient  investigation  and  prosecution,  protection  and  support  of 
victims, safe return and reintegration and also issues linked to anti-trafficking in third 
countries.  The  Action  Plan  explicitly  requires  that  this  should  include  prevention 
strategies specific to vulnerable groups such as women and children. 

The Community will – notably through the EU development policy, which focuses 
on  the  primary  objective  of  poverty  reduction,  and  the  achievement  of  the 
Millennium Development Goals – continue funding measures addressing factors that 
make  persons  vulnerable  to  trafficking,  e.g.  poverty,  discrimination  and  lack  of 
access  to  basic  and  higher  education.  In  this context  it  is  to  be  highlighted  that  the 
high  sums  that  have  to  be  paid  to  human  traffickers  are  a  net  loss  for  the  persons 
concerned. 

Current Commission priorities with respect to the implementation of the Action 
Plan are the development of coordination and cooperation mechanisms needed at EU 
level,  promotion  of  best  practices  in  the  identification  of  and  support  for  victims, 
networking, involving international and non-governmental organizations, as well as 
the development of guidelines for data collection. 

d. 

Secure travel and ID documents 

31. 

Document security relates to border controls but is also an important factor in post 
entry  measures.  Biometric  identifiers  enhance  the  security  of  visa  and  residence 
permits,  which  in  addition  facilitates  border  crossing  for  bona  fide  travellers.  It  is 
crucial not only to secure travel and ID documents, but also to ensure that they are 
not obtained by deception, for instance using falsified documents or by identity theft. 
Common  guidelines  should  be  developed  on  minimum  security  standards,  in 
particular with respect to issue procedures.  

32. 

The  Commission  is  also  actively  cooperating  with  third  countries,  especially 
neighbouring  countries  and  countries  in  the  Western  Balkans,  to  help  secure  their 
travel documents with biometrics. 

e. 

Addressing regularisations 

33. 

Current  Community  law,  including  Schengen  rules,  does  not  contain  provisions  on 
regularisations,  i.e.  the  discretionary  decision  to  grant  a  legal  stay  on  the  territory; 
such decisions are at present a matter of the exercise of Member States´ discretion. 
Given  the  difficulties  in  tolerating  the  sustained  presence  of  significant  numbers  of 
third-country  illegal  immigrants  on  their  territories,  some  Member  States  have 
undertaken  large-scale  regularisation  programmes  in  recent  years.  These  national 

8 

COM(2005) 514, 18.10.2005. 

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measures  have  given  rise  to  expressions  of  concern  and  interest  in  other  Member 
States. Furthermore, such measures may have implications for other Member States 
as  a  consequence  of  the  abolition  of  internal  border  controls  within  the  Schengen 
area.  Also,  the  long-term  residents  Directive  2003/109/EC  provides  for  the 
possibility for third-country nationals to move to and reside in another Member State 
after five years of legal residence in the first Member State of residence. 

In  response  to  recent  events,  including  regularisations,  and  as  requested  by  the 
Council,  the  Commission  has  proposed  the  establishment  of  a  mutual  information 
system on national measures in the area of migration and asylum which may have an 
impact  on  other  Member  States  or  on  the  Community  as  a  whole.  This  system  is 
expected to become operational in 2007. 

In  addition,  and  in  order  to  address  the  lack  of  sound  evidence  and  up-to-date 
information,  a  study  will  be  launched  in  2007  on  current  practices,  effects  and 
impacts of regularisation measures in Member States. This study will constitute the 
basis for future discussion, including on whether there is a need for a common legal 
framework on regularisations at EU level.  

34. 

35. 

f. 

Tackling a key pull factor: illegal employment 

36. 

37. 

9 

A  central  tenet  of  how  the  EU  addresses  illegal  immigration  is  the  removal  of 
incentives  in  destination  countries.  Pull  factors  are  quite  simply  related  to  the  fact 
that as migrants seek a better life, they will continue to head for the EU as long as 
life  chances  are  better  here  than  in  their  home  countries.  However,  Member  States 
also  create  pull  factors  by  tolerating  the  illegal  employment  of  third-country 
nationals.  The  possibility  of  finding  work  whilst  illegally  present  in  the  EU9  is  a 
significant  pull  factor,  as  the  risk  of  being  detected  by  competent  authorities  is 
currently  very  low  both  for  the  employer  and  the  employee.  Moreover,  illegal 
employment,  in  particular  in  small  and  medium-sized  enterprises  and  in  seasonal 
work,  seriously  undermines  the  credibility  of  legal  migration  channels  and  erodes 
Member States´ tax revenues. It can also lead to serious exploitation or even slavery-
like  conditions,  which  cannot  be  tolerated  in  the  European  Union.  Such  conditions 
are  not  limited  to  cases  where  organised  crime  is  involved.  Illegal  employment 
prevents workers from benefiting from social welfare and creates an uneven playing 
field for employers. Also, where jobs are shifting from the regular labour market to 
the  black  economy,  this  may  lead  to  resentment  when  these  jobs  are  taken  by 
illegally  staying  third-country  nationals.  Reducing  employment  of  this  kind  might 
contribute to reducing intolerable forms of exploitation, increasing tax revenues and 
diminishing xenophobic attitudes. 

The European Employment Strategy and the Employment guidelines call for action 
to foster regular employment. Initiatives such as the modernisation of social security, 
the  reduction  of  non-wage  labour  costs  and  reducing  the  tax  burden  on  low-
income/low-skilled  workers  are  likely  to  contribute  to  lowering  incentives  to 
undeclared work and, in turn, to recruiting illegal immigrants. 

For the purpose of this Communication, such illegal employment is understood to comprise any kind of 
remunerated economic activity undertaken by a third-country national who is illegally present in the EU 
(covering all third-country nationals not in possession of a valid permit for stay or residence). 

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38. 

39. 

40. 

41. 

In  addition,  the  employment  of  illegally  present  third-country  nationals  or  persons 
working in violation of their residence status should be specifically targeted. At the 
same time, attention should be paid to the general functioning of EU labour markets. 
In  this  respect,  three  widespread  phenomena  stand  out,  work  undertaken  in  the 
construction,  catering  and  textile  industries,  frequently  through  recruitment  by 
organized  criminal  networks;  the  selling  of  often  counterfeited  merchandise;  and 
domestic  work  in  private  households  where  extreme  forms  of  exploitation  often 
occur.  Some  Member  States  have  taken  measures  further  to  a  1995  Council 
Recommendation  on  harmonising  means  of  combating  illegal  immigration  and 
illegal  employment  and  improving  relevant  means  of  control10,  including  obliging 
employers to verify the immigration status of third country nationals before offering 
employment  through  checks  with  the  authorities  responsible  for  issuing  residence 
and  work  permits.  There  has  also  been  the  introduction  of  penalties  for  employers, 
ranging  from  exclusion  from  public  procurement  contracts,  to  limitations  on  future 
recruitment  (black  lists),  to  criminal  sanctions,  and  to  the  obligation  to  bear  return 
costs.  A  first  priority  should  be  the  adoption  of  similar  measures  by  Member 
States who have not already taken such action, and effective implementation by 
all  Member  States.  Member  States  should  also  apply  effective  sanctions  for 
breaches of legislation in particular on health and safety at the workplace which often 
occur in the context of illegal employment. 

At the same time, the Commission will launch in 2006 an evaluation of impact and 
possible  shortcomings  with  respect  to  the  ‘facilitators  package’,  comprising 
Directive 2002/90/EC and Council Framework Decision 2002/946/JHA which define 
the facilitation of unauthorised entry, transit and residence and strengthen the penal 
framework  to  prevent  the  facilitation  of  such  phenomena.  This  evaluation  will 
consider the impact of the recent judgment of the Court of Justice in case C-176/03. 
Although  the  nature  of  these  measures  was  per  definition  much  broader,  they  were 
first EU level instruments to target unlawful assistance to illegal entry and stay. The 
Commission will start discussions with Member States and relevant stakeholders, in 
particular  employers´  organisations  and  trade  unions,  on  employers’  liability  in 
respect of employment by enterprises of illegally staying third country nationals. At 
the end of this process, the Commission will evaluate whether additional measures at 
EU  level  designed  to  harmonise  sanctions  targeting  enterprises  employing  illegally 
staying third-country nationals are needed. 

Policies to fight illegal work should be supported by improved information both on 
the phenomenon of work undertaken by illegally staying third country nationals and 
Member  States´  measures  to  reduce  such  employment.  This  should  include 
information to be collected directly from undocumented workers in cooperation with 
NGO´s. 

EU  rules  for  the  admission  of  economic  migrants  were  announced  in  the  recent 
Policy Plan on legal migration11. Measures have to be built-in to reduce the risk of 
abuse. The Policy Plan announced a proposal for a general framework Directive for 
2007  to  guarantee  a  common  framework  of  rights  for  all  third-country  nationals  in 
legal  employment  which  will  also  include  measures  to  combat  illegal  employment. 

10 
11 

OJ C 5, 10.1.1996, p. 1. 
COM(2005) 669, 21.12.2005. 

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These  should  comprise  the  establishment  of  a  single  work/residence  permit  that 
would  contain  biometric  identifiers  in  order  to  create  a  reliable  link  between  the 
document  and  its  holder.  Moreover,  the  financial  responsibility  of  employers  could 
be engaged, in line with the principle established in the Directive on third- country 
national researchers (2005/71/EC).  

g. 

Return policy 

42. 

43. 

44. 

45. 

46. 

47. 

Return, in full respect of fundamental rights, remains a cornerstone of EU migration 
policy. An effective return policy is key in ensuring public support for elements such 
as legal migration and asylum.  

The  conclusion  of  readmission  agreements  will  also  remain  a  priority.  Ongoing 
negotiations should be completed and new negotiating mandates be adopted, starting 
with  the  Western  Balkan  countries  and,  as  soon  as  possible,  with  selected 
Neighbourhood countries. 

The proposal for a Directive on common standards and procedures in Member States 
for returning illegally staying third-country nationals is currently under discussion in 
the  European  Parliament  and  Council.  It  provides  for  common  rules  concerning 
return, use of coercive measures, temporary custody and re-entry.  

With the future Return Fund, the Community will be endowed with an instrument to 
support  and  encourage  the  efforts  made  by  Member  States  to  improve  the 
management of return in all its dimensions, including enhanced cooperation, which 
will further increase solidarity between them. 

The  organisation  of  joint  return  flights  is  supported  through  three  elements; 
Council  Decision  2004/573/EC  sets  out  a  legal  basis  for  such  flights;  return 
preparatory  actions  and  the  future  return  fund  provide  in  financial  terms;  and 
communication  support  provided  by  the  ICONet  web-based  network  allows  for 
necessary  information  exchange  between  Member  States.  These  constitute  the 
current  basis  for  cooperation.  FRONTEX  will  provide  the  necessary  assistance  for 
organising  and  coordinating  the  joint  return  operations  of  Member  States. 
Furthermore,  Council  Directive  2003/110/EC  strengthens  cooperation  among 
Member  States  in  cases  of  transit  by  air.  The  Commission  will  consider  further 
proposals building on the 2003 Council conclusions encouraging Member States to 
facilitate short-term transit by land or sea. 

Lack of documentation remains an obstacle to the effective return of illegal migrants, 
in  particular  as  the  EU  travel  document  is  still  not  accepted  by  a  large  number  of 
third  countries.  The  current  EU  travel  document  is  based  on  a  1994  Council 
recommendation,  and  the  Council  adopted  conclusions  in  June  2004  on  its  re-
examination.  FRONTEX  is  to  undertake  work on  the identification of best practice 
on the acquisition of travel documents and the return of third country nationals.  

48. 

Common standards for the training of officers responsible for return should also 
be established, for instance through the elaboration of a common training manual and 
EU-wide standardised and specialised seminars.  

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h. 

Improving exchange of information through existing instruments 

49. 

50. 

51. 

52. 

Operational  cooperation  between  Member  States  can  only  be  successful  if  they  are 
able to share information of a technical and strategic nature swiftly and easily. 

ICONet  is  now  operational.  The  access  foreseen  for  Europol  and  Frontex  in  the 
course of 2006 should increase effectiveness. For future use, ICONet could function 
as  an  early  warning  system,  in  the  coordination  of  return  operations,  and  as  a 
platform for information exchange for Immigration Liaison Officers (ILOs).  

Member  States´  ILOs  provide  crucial  information  from  countries  of  origin  with 
respect to illegal immigration. Cooperation among ILOs should be facilitated and 
intensified  to  make  better  use  of  this  information.  In  order  to  respond  to  current 
pressure from illegal immigration, priority regions for the establishment of such ILO 
networks should be relevant African countries and the Western Balkans. 

Europol  offers  operational  and  strategic  support  to  Member  States  as  part  of  its 
mandate  to  prevent  people  smuggling.  However,  operational  cooperation  and 
communication  between  Member  States  and  Europol  should  be  improved  and 
reinforced.  To  that  end,  structured  cooperation  between  national  immigration 
services,  border  guards,  police  and  other  law  enforcement  agencies  responsible  for 
combating  facilitated 
trafficking  should  be 
established, which should also include exchange  of intelligence data and their joint 
analysis.  Also,  Member  States  should  make  enhanced  use  of  Joint  Investigation 
Teams  to  dismantle  facilitators´  networks,  in  accordance  with  the  relevant 
Framework Decision 2002/465/JHA and with the participation of Europol. 

immigration  and  human 

illegal 

i. 

Carriers’ liability  

53. 

4. 

54. 

55. 

With respect to carriers´ obligations to prevent illegal immigration, Article 26 of the 
Convention implementing the Schengen Agreement, the Carriers Liability Directive 
2001/51/EC and Directive 2004/82/EC on the obligation of carriers to communicate 
passenger  information  are  particularly  relevant.  An  assessment  of  the  effects  of 
these  measures  will  be  undertaken  with  a  view  to  addressing  any  shortcomings  or 
gaps.  The  forum  set  up  in  2001  and  composed  of  representatives  from  Member 
States, 
industry,  and  humanitarian  organizations,  should  explore 
possibilities  of  cooperation  between  migration  authorities  and  carriers,  and  identify 
best practice in the course of 2007. 

transport 

CONCLUSION 

The Hague Programme confirms that the implementation of measures already agreed 
is an integral part of how the EU continues to address illegal immigration. Informal 
exchange of information between Member States as well as monitoring of Member 
States' compliance with the existing acquis by the Commission is crucial in order for 
the measures to take their full intended effects. 

Against  the  background  of  the  multi-strand  approach  described,  the  Community 
should foster a joint approach based on mutual trust and the sharing of expertise and 
knowledge with a view to deepening cooperation and developing common policies. 

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The measures proposed build upon an already sound basis and will contribute to the 
Hague  Programme  objective  to  improve  the  ability  of  the  Union  to  regulate 
migration flows. The Commission will report to the Council on progress made in the 
implementation of these measures one year after adoption of this Communication. 

EN 

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