Opinion of the Committee of the Regions on A global approach to migration: Developing a European policy on labour immigration in conjunction with relations with third countries
Date: 2008-06-18
Institutions: European Committee of the Regions
Subjects: EU migration policy, clandestine worker, international cooperation, labour market, occupational migration, residence permit, skilled worker, work permit

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Opinion of the Committee of the Regions on ‘A global approach to migration: Developing a
European policy on labour immigration in conjunction with relations with third countries’

(2008/C 257/04)

THE COMMITTEE OF THE REGIONS

— considers that the EU must equip itself as soon as possible with a genuine European immigration
policy, respecting the powers of the different levels of government, while assuming those which are
within its remit;

— welcomes the Commission's initiatives to establish mechanisms to facilitate regular labour migration,
insofar as an imbalance exists between the implementation of restrictive measures to combat irregular
migration and those intended to promote regular migration, and calls on the Commission to develop
a comprehensive European migration policy, ensuring that European-level measures offer added value,
as in the case of highly skilled labour;

— agrees that illegal employment is one of the main pull factors for irregular immigration and that, in
intensify and improve their work, so that all necessary

the Member States must

consequence,
measures to combat the irregular labour market are taken;

— regrets that the role of the Committee of the Regions is not mentioned in any of the reference docu-
ments, and voices its concern at the lack of attention to the territorial dimension, whereas until
present the role of local and regional authorities in managing migration had been recognised, as had
been the Committee of the Regions' consultative role in this sphere;

— argues that hand-in-hand with the development of the external dimension of the policy and of Euro-
pean instruments for managing immigration, the territorial dimension must also be strengthened,
involving local and regional authorities in providing a global approach to migration. To this end, it
must be ensured that the European Commission promotes a more proactive role for the Committee
of the Regions at the initial stage of Community action;

— welcomes the initiative to promote circular migration, considering that this may make a positive
contribution to the Member State labour markets and to development in the countries of origin.

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Rapporteur: Anna TERRÓN I CUSÍ (ES/PES), Secretary for European Union Affairs, Government of Cata-

lonia (the Generalitat)

Reference documents

Communication from the Commission on circular migration and mobility partnerships between the Euro-
pean Union and third countries

COM(2007) 248 final

Proposal for a Directive of the European Parliament and of the Council providing for sanctions against
employers of illegally staying third-country nationals

COM(2007) 249 final

Proposal for a Council Directive on the conditions of entry and residence of third-country nationals for
the purposes of highly qualified employment

COM(2007) 637 final

Proposal for a Council Directive on a single application procedure for a single permit for third-country
nationals to reside and work in the territory of a Member State and on a common set of rights for third-
country workers legally residing in a Member States

COM(2007) 638 final

POLICY RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS

General recommendations

considers that the European Union must equip itself as
1.
soon as possible with a genuine European immigration policy,
respecting the powers of the different levels of government,
while assuming those which are within its remit;

initiatives

welcomes

the Commission's

2.
to establish
mechanisms to facilitate regular labour migration, insofar as an
imbalance exists between the implementation of
restrictive
measures to combat irregular migration and those intended to
promote regular migration, and calls on the Commission to
develop a comprehensive European migration policy, ensuring
that European-level measures offer added value, as in the case of
highly skilled labour;

3.
agrees that illegal employment is one of the main pull
factors for irregular immigration and that, in consequence, the
Member States must intensify and improve their work, so that
all necessary measures to combat the irregular labour market
are taken;

believes that when it comes combating the illegal labour
4.
those persons,
market efforts must be directed primarily at
employers or individuals, who recruit third-country nationals
with irregular status in a Member State. Immigrants often find
themselves in a very vulnerable position and may be exploited
in an immoral or illegal way;

that Article 41 of the Charter of Fundamental Rights of the
European Union sets out the right to good administration;

considers cooperation with third countries to be crucial
6.
for a global and coherent view of immigration, as recognised by
the European Council
in its 2005 conclusions, recalling that
‘migration issues are a central element in the EU's relations with
a broad range of third countries,
in particular, the
regions neighbouring the Union’ (1);

including,

7.
points out that when it comes to setting up ‘partnerships
for mobility’, priority should be given to third countries which
are prepared to take action to tackle illegal migration and
human trafficking;

8.
welcomes the proposals to develop closer cooperation
with third countries by means of ‘mobility partnerships’ or tech-
nical and/or financial assistance, and urges the Commission to
devise new forms of cooperation, based on an approach of
equality, with countries of origin and transit, creating a climate
of trust in which these countries can cooperate in combating
irregular immigration and introduce mechanisms to organise
regular migration;

9.
points to the key role that local and regional authorities
play in negotiations and relations with countries of origin and
transit, especially in areas such as development and cooperation.
It recalls the substantial part local and regional authorities have
played in ensuring
and Tacis
programmes, amongst others, have functioned properly, and
underlines the contacts with, and knowledge of, the countries of
origin and transit acquired thanks to immigrant communities;

the Aeneas, Meda

that

5.
considers that a single permit is a valid tool for preventing
the type of irregular immigration that has occurred, and recalls

(1) Presidency Conclusions. Brussels European Council, 15 and

16 December 2005. Section IV, point 8.

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10.
regrets that the role of the Committee of the Regions is
not mentioned in any of the reference documents, and voices its
concern at the lack of attention to the territorial dimension,
whereas until present the role of local and regional authorities
in managing migration had been recognised, as had been the
Committee of the Regions' consultative role in this sphere;

11.
argues that hand-in-hand with the development of the
external dimension of the policy and of European instruments
for managing immigration, the territorial dimension must also
involving local and regional authorities in
be strengthened,
providing a global approach to migration. To this end, it must
be ensured that the European Commission promotes a more
proactive role for the Committee of the Regions at the initial
stage of Community action (2);

12.
highlights the work of local and regional authorities in
immigrant integration policies, and their role in ensuring that
mechanisms for access to the labour market operate properly,
and also points to the role they can play in training immigrant
workers to join both European labour markets and the labour
markets of their countries of origin in the event of return;

13.
recalls that local and regional authorities play a key role
in providing public services for immigrants (both regular and
irregular), reception, health care, education and housing policies
being prominent among these. As recalled by the Fifth Confer-
ence of Parliaments of EU Capital City Regions (April 2006), for
some regions and local authorities immigrations has entailed
and continues to entail a significant cost for public services.
New methods should therefore be devised that would allow
local and regional administrations to play a more important
part in implementing national initiatives and strategies regarding
access and entry to the labour market;

14.
indicates that it prefers the term ‘irregular immigration’,
since in many official languages the term ‘illegal’ clearly implies
criminal behaviour, and in any case urges that use of the term
‘illegal immigrant’ be discarded;

respect national competences regarding the admission of third-
country nationals to labour markets;

17.
points to the importance of a reliable, up-to-date statis-
tical system of enabling states to exchange experiences and
information concerning employment and labour market policies
on a voluntary basis, as set out in Directive (EC) No 862/2007
on Community statistics on migration and international protec-
tion (3);

highlights the important role that

18.
local and regional
authorities can play in gathering information and statistical data,
and draws attention to the contribution they could make to a
European immigration portal, or
to extending the services
offered by the EURES network, for example. Regional and local
authorities already operate many web portals which could
complement such initiatives;

19.
voices its concern at the lack of clear reference to the
international agreements that the Member States have signed
under International Labour Organisation auspices, and recalls
that they must work in compliance with the Declaration on
Fundamental Principles and Rights at Work (ILO, 1998), and
the Plan of action on migrant workers (ILO, 2004) and, more
broadly, with the fundamental rights of the person, as enshrined
in current international conventions;

20.
considers it to be extremely important to establish a
network of local and regional authorities to develop common
statistical tools and indicators that help to provide a more accu-
rate picture of migration;

21.
wishes to highlight the importance of promoting the
establishment of permanent working groups and forums
(conferences, seminars, etc.)
for exchanging experiences and
good practice in receiving migrants and in integrating them into
society and into work;

22.
supports the ratification of the International Convention
on the Protection of the Rights of All Migrant Workers and
Their Families by the Member States;

Concerning circular migration and relations with third
countries

15.
notes that other EU policies that may affect migrants are
mentioned, such as development policy, the European Employ-
ment Strategy and other social and economic policies, and
therefore calls for closer coordination with all those policies
affecting the immigrant population;

23.
welcomes the initiative to promote circular migration,
considering that this may make a positive contribution to the
Member State labour markets and to development in the coun-
tries of origin;

calls on the Commission to take account of the Member
16.
States' estimates of labour force requirements, on the basis of
information supplied by the Member States to Eurostat and of
lists of occupations that are difficult to fill, in order to gain a
more detailed view of
the
should
different Member States. However,

the actions and estimations of

in doing so it

(2) In accordance with the Cooperation Protocol between the Committee
of the Regions and the European Commission of November 2005.

24.
recognises that circular migration may forge a valuable
link between the countries of origin and the host countries, and
may serve to promote dialogue, cooperation and mutual under-
standing;

(3) Recital (5) of Regulation No 862/2007 recognises that there is ‘… an
increasing need for statistical information regarding the profession,
education, qualifications and type of activity of migrants’. Recital (6)
also states that ‘Harmonised and comparable Community statistics on
migration and asylum are essential for the development and moni-
toring of Community legislation and policies relating to immigration
and asylum, and to the free movement of persons’.

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25.
warns that circular migration must function properly if it
is not to become a channel for irregular immigration, by estab-
lishing effective channels to ensure migrants' return and facili-
tating circularity. At the same time, it understands that circular
migration cannot replace permanent migration, nor restrict
Member States' initiatives regarding immigrant integration poli-
cies;

26.
advocates a closer connection between immigration
policy and other policies of EU scope, with a view to improving
the economic and social environment of the countries of origin
and contributing ‘to reducing the incentives for irregular migra-
tion’ (4);

32.
underlines the need to promote mechanisms that encou-
rage mobility within the EU for immigrant workers legally
residing and working in a Member State;

33.
stresses that third countries which participate in partner-
ships for mobility must endeavour to effectively promote the
return and reintegration of migrants by taking active measures
to promote the creation of production infrastructure and decent
employment
should
remind mobility partner countries of origin of this, and provide
them with advisory and other support, without such support
involving financial outlay;

conditions. Host

authorities

country

27.
applauds the mobility partnerships with third countries
and recognises the importance of promoting association agree-
ments with the countries of origin. The Commission emphasises
in its Communication that the division of competences between
the EU and Member States should be taken into account when
concluding mobility partnerships These must contain instru-
ments for the joint management of migration flows, measures
to combat irregular immigration and facilitate the readmission
and return of irregular migrants, and mechanisms to foster the
economic development of these countries;

34.
agrees with the idea of long-period multiple entry visas
to facilitate circular mobility, and supports initiatives geared to
boosting the activity on Member State labour markets of those
third-country nationals previously admitted as students and
those who, having taken part in circular migration mechanisms,
have met the conditions for return;

35.
calls on the Commission to strive to ensure that,
following their return to their countries of origin, circular
migrants may transfer their accumulated pension rights;

28.
notes the importance of concluding readmission agree-
ments with third countries as part of their commitments, and
points to the need to make repatriation of this kind easier while
respecting immigrants'
rights and internationally-recognised
rights;

takes a positive view of incentives for cooperation with
36.
third countries that are complementary with other measures
and promote the participation of local and regional authorities
in development projects;

the role of

calls for acknowledgement of

29.
local and
regional authorities in international cross-border cooperation;
and encourages the facilitation of local and regional participa-
tion in the European Neighbourhood Policy urging local and
regional authorities to work together with the regional authori-
ties in the countries of origin, making use, to this end, of the
programmes established by the European Commission and in
regional cooperation
particular
between the outermost regions and neighbouring third coun-
tries; as it recalls that these authorities are the most aware of the
economic and social
immigration and the corre-
sponding repercussions in the regions of origin;

the joint pilot

scheme for

impact of

30.
recalls that the effects of circular migration on the coun-
tries of origin must be analysed, and the impact on them of
in the light of
remittances must be examined. It urges that,
these studies, the necessary instruments be introduced to facili-
tate the transfer of remittances;

31.
calls for consideration to be given to involving the towns
and regions of origin and destination of migration flows in the
mobility partnerships, since they can facilitate mobility for
immigrants and exert a positive influence on the social integra-
tion of immigrants;

(4) COM(2007) 248 final.

37.
supports the idea of setting up common visa application
centres in third countries, and urges that this initiative should
not lead to more red tape, but rather simpler and more straight-
forward procedures;

Concerning action against irregular work

illegal
backs the Commission's intentions to combat
38.
work by third-country nationals. The application of economic,
administrative or, when deemed to be of sufficient seriousness,
criminal nature sanctions to secure compliance with EU rules is
a matter for the national level, except for sanctions designed to
secure the effectiveness of EU law;

points to the need to assess whether the word ‘employer’
39.
or ‘entrepreneur’ is appropriate in each language version of the
directive and considers that, where the legal system of a
Member State makes a distinction between the two words,
it
would be preferable to use ‘employer’ rather than ‘entrepreneur’,
in order to distinguish the spirit of enterprise from criminal
behaviour and to cover situations in which a person may
provide regular employment without having the legal status of
an entrepreneur;

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40.
argues that action against irregular work must take the
form of penalties for those who employ illegally, but also of
stepping up labour inspections,
improving channels for legal
recruitment, and examining alternative systems that enable best
practices to be promoted. The results of
labour inspections
should be made public to allow consumers and potential
employees to make informed choices;

41.
considers that action against irregular work, one of the
main pull factors for continuing irregular migration flows, must
be a priority in EU measures concerning immigration policy,
and that the legal basis of the directive should focus on action
against irregular work leading to a reduction in irregular immi-
gration rather than the other way round;

recalls that local and regional authorities, in accordance
42.
with the national
legislation, can play an important part in
implementing labour market control and supervision measures,
and that there may be a need to expand human and material
resources in order to increase the number of inspections;

considers that, as part of the efforts to combat irregular
43.
work, particular attention should be given to countering illegal
smuggling of migrants and human trafficking, and condemns
the role of
the mafias and organised criminal networks in
sustaining irregular immigration in general, and labour exploita-
tion in particular: this has become a profitable criminal activity;

supports the initiatives to combat irregular work, and
44.
urges that joint initiatives be promoted between the various
levels of administration (national, regional and local) and social
actors (principally employers and trade unions, but also NGOs
and associations defending rights) in this area. It calls for aware-
ness-raising and information campaigns to be launched in
specific employment sectors with the aim of dissuading those
who recruit workers by irregular means and informing them of
the benefits of employing legally;

45.
agrees that it would make no sense to exclude individuals
who take on irregular workers within the scope of the directive,
but warns that
is impossible to prevent such situations
without providing straightforward, additional arrangements for
the regular recruitment of staff who are in short supply on the
labour market;

it

46.
highlights the importance of making temporary, and
especially seasonal, employment more flexible and rapid, and
also of defining paths for seasonal immigration in accordance
with the 2005 Policy Plan on Legal Migration, as factors that
can help to prevent the continuation of irregular recruitment;

48.
supports the decision not to impose sanctions on third-
country nationals covered by the proposal, although the require-
ment for a return or removal decision (5) may be interpreted as
a penalty, and welcomes the economic sanctions to be imposed
on offenders, and in particular the payment of the costs of
return,
the immigrant
pending the conclusion of the return procedure could be added;
the European Union should guarantee the
emphasises that
to return
legislative
consistency of
measures, and their compliance with fundamental human rights;

to which the board and lodging of

instruments

relating

urges that the necessary measures be taken to guarantee

49.
that returned migrants receive any outstanding pay;

calls for better protection on the part of the competent
50.
Member State authorities for abused workers, and asks that
consideration be given to the possibility of granting long-term
residency to them, especially in the most serious cases, in line
with the provisions of Directive 2004/81/EC on the resident
permit issued to third-country nationals who are victims of traf-
ficking in human beings or who have been the subject of an
action to facilitate illegal immigration, who cooperate with the
competent authorities;

Concerning highly qualified workers

51.
welcomes initiatives advocating the promotion of legal
channels for immigration into the EU, together with attempts to
harmonise the various and complex mechanisms for access to
the Member State labour markets;

believes that there is a need for measures such as the
52.
‘Blue Card’ with the aim of making the EU more attractive to
migration flows of qualified and highly qualified workers,
meeting the needs of
the European labour markets, and
ensuring the implementation of the Lisbon Strategy; however
the Commission is asked to provide a clearer definition of what
is meant by ‘qualified’ and ‘highly qualified’ migrants; further
suggests that the definition should take into account a migrant's
standard of education, work experience,
language skills and
other relevant factors;

53.
points out that the contribution of unskilled or semi-
skilled workers to the labour markets of some European coun-
tries should not be underestimated, and reminds the Commis-
sion –after it has analysed and evaluated employment possibili-
ties for unskilled and semi-skilled workers– of the Council's
commitments concerning the alignment of admission proce-
dures for labour market reasons, as set out in the Policy Plan on
Legal Migration;

draws attention to the extremely vulnerable employment
47.
and personal circumstances of many immigrant women in the
European Union, and urges that greater attention be devoted to
this question;

54.
considers that the ‘Blue Card’ should not only be granted
to qualified workers applying for admission to EU territory, but
also to those already resident in a Member State;

(5) COM(2005) 391 and COM(2007) 248.

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55.
considers it essential to obtain reliable, basic information
on the need for qualified labour on the Member State employ-
ment markets, and asks the Commission to work on an effec-
tive, uniform method to compile and present statistics in this
area in keeping with Regulation (EC) No 862/2007;

56.
calls on the Member States to promote the involvement
of local and regional authorities in deciding on the volume of
admissions of third-country nationals for highly qualified job
vacancies, and regrets that this is not explicitly mentioned in the
draft directive;

57.
is concerned that the mobility for employment purposes
of highly qualified workers may be affected by the requirement
to live in the first Member State for at least two years, and urges
the Commission to seek alternative formulas to ensure labour
mobility and to meet the needs of the national labour markets;

takes a positive view of the entry conditions regarding
58.
members of the families of highly qualified workers: this can be
a decisive element in recruiting highly qualified personnel, as
illustrated by the experience of other countries such as Australia,
Canada and the United States;

59.
recalls the importance of preventing a brain drain from
the developing countries, and is concerned to note that,
according to the ILO, skilled worker admission programmes
(amongst which it points to the Commission's recent initiatives
drain
on
concerns’ (6);

circular migration)

intensify

brain

‘tend

to

60.
requests that the brain drain and its effects on the coun-
tries of origin be analysed using reliable data and statistics, in
order to devise joint responses with the countries of origin that
prevent, as far as possible, the risks and repercussions it entails;

61.
urges the Commission to take all appropriate measures
to promote ‘brain circulation’ as an alternative to the ‘brain
drain’, a concept under which migrants return to their countries
of origin and share the benefits of the skills they acquire in the
destination countries (7), and which allows relations between the
communities of origin and of destination to be forged and
deepened;

Brussels, 18 June 2008.

Concerning the single residence and work permit

welcomes the proposal

62.
for a single application for a
combined residence and work permit, and calls for administra-
tive procedures geared to processing these permits
to be
upgraded;

63.
applauds all proposals that simplify EU access procedures
for work purposes, and calls for the permit application and
approval procedures to be streamlined in order to guarantee
that the system operates efficiently;

64.
considers the single permit to be a useful tool in coun-
tering the irregular situations that have occurred and which
represent a large-scale problem in the countries of
the EU,
undermining the right to good administration recognised by the
European Union's Charter of Fundamental Rights;

welcomes the recognition of a common set of rights for
65.
all holders of the single permit, and recalls that these rights
should be recognised as being connected with the international
framework of labour protection provided by the ILO;

recalls that, as recognised in opinion CdR 233/2006 (8),
66.
to improve mechanisms for recognising the
it
is important
equivalence of
immigrants' occupational qualifications and,
more broadly, professional skills, with the aim of facilitating
their entry onto the labour market best matching their skills;

67.
warmly welcomes the inclusion of guarantees in proce-
dure for submitting the single application for the combined
permit, particularly regarding the requirement to give reasons
rejecting an application, and the possibility of seeking
for
remedy in the event of rejection;

68.
stresses that the Member States, in compliance with the
principle of subsidiarity, must involve local and regional autho-
rities in drawing up their immigration policies, especially in
areas regarding integration and the labour market, so that they
can take part
third-country
in deciding on the number of
nationals to be admitted to their territory, and on their employ-
ment profiles.

The President

of the Committee of the Regions

Luc VAN DEN BRANDE

(6) Securing the benefits, diminishing the risks of worker mobility. Issue paper for
Session 3: Migration for work, within borders and internationally. ILO
forum, 2007.

(7) ACP-EU Joint Parliamentary Assembly. Draft Report on migration of
skilled workers and its effect on national development. ACP-EU/
100.012/B/2007.

(8) Opinion of the Committee of the Regions on the Policy plan on legal
migration, Fight against illegal immigration, Future of the European Migra-
tion Network, CdR 233/2006 of 13.2.2007.