Communication from the Commission to the Council and the European Parliament - Tracking method for monitoring the implementation of the European Pact on Immigration and Asylum
Date: 2009-06-10
Institutions: European Commission
Subjects: EU action, EU programme, European citizenship, immigration, right of asylum

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.6.2009 
COM(2009) 266 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

Tracking method for monitoring the implementation of the European Pact on 
Immigration and Asylum 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

Tracking method for monitoring the implementation of the European Pact on 
Immigration and Asylum 

1. 

INTRODUCTION 

The European Pact on Immigration and Asylum was adopted by the European Council of 15-
16  October  20081,  following  the  Commission’s  Communication  of  June  2008  “A  Common 
Immigration  Policy  for  Europe:  Principles,  actions  and  tools”2.  Building  on  the  progress 
already achieved over 10 years, the Pact is a further stepping-stone towards a comprehensive 
EU  migration  policy.  The  European  Council  makes  five  basic  commitments,  which  will 
continue  to  be  developed  and  transposed  into  concrete  measures  in  particular  in  the 
programme to follow on from the Hague Programme: 

–  to  organise  legal  immigration  to  take  account  of  the  priorities,  needs  and  reception 

capacities determined by each Member State, and to encourage integration; 

–  to control illegal immigration by ensuring that illegal immigrants return to their countries 

of origin or to a country of transit; 

–  to make border controls more effective; 

–  to construct a Europe of asylum; 

–  to create a comprehensive partnership with the countries of origin and of transit in order to 

encourage the synergy between migration and development. 

When  adopting  the  Pact,  the  European  Council  decided  to  hold  an  annual  debate  on 
immigration  and  asylum  policies.  This  annual  debate  will  enable  the  European  Council  to 
monitor implementation, by both the European Union and the Member States, of the Pact and 
of  the  next  multi-annual  programme  on  freedom,  security  and  justice  that  will  from  2010 
follow on from the Hague Programme. 

As regards this debate, in the Pact itself the European Council: 

–  invited  the  Commission  to  present  a  report  to  the  Council  each  year,  based  on  Member 
States' contributions and accompanied, as necessary, by proposals for recommendations on 
the implementation, by both the European Union and the Member States, of this Pact and 
of the programme that will follow on from the Hague Programme; 

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Presidency Conclusions, document 14368/08. The Pact itself is in document 13440/08. 

COM(2008) 359 final. 

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–  stated  that  the  debate  will  also  enable  the  European Council  to  be  kept  informed  of  the 
most  significant  developments  planned  by  each  Member  State  in  conducting  its 
immigration and asylum policy. 

To prepare for the debate, the European Council invited the Commission to propose a tracking 
method to the Council. This Communication responds to that request. 

The purpose of the tracking method as described in this Communication is to prepare for the 
European Council’s first annual debate which will be held in June 2010. 

The  tracking  method  will  be  the  process  by  which  the  Commission  will  prepare  an  annual 
report to the Council (hereafter, “the Commission’s annual report”) using contributions from 
Member States and factual information from various sources in the manner and according to 
the timing indicated below. 

2. 

THE COMMISSION’S ANNUAL REPORT (“OUTPUT”) 

Given  the  nature  of  the  annual  debate  as  described  in  the  Pact,  the  Commission’s  annual 
report will consist of two parts: 

–  a  short  summary  political  report  highlighting  the  main  developments  over  the  reporting 
period  and  the  most  significant  developments  planned,  at  both  EU  and  Member  State 
levels, and any recommendations suggested by the Commission; 

–  a longer and more detailed report indicating the main action taken, and the most significant 
developments planned, at EU level and at Member State level for each of the commitments 
made in the Pact. 

As from 2011 the tracking method should be extended to cover commitments made under the 
programme  that  will  follow  on  from  the  Hague  Programme  and  under  its  accompanying 
Action  Plan.  Furthermore,  the  tracking  method  will  be  refined  and  further  developed  in  the 
light  of  experience  and  the  common  methodology  proposed  in  the  Commission’s 
Communication of June 2008 “A Common Immigration Policy for Europe: Principles, actions 
and tools”3. In particular, the commitments made in the Pact and in the successor programme 
to  the  Hague  Programme  could  as  appropriate  be  translated  into  common  objectives  and 
indicators  in  order  to  enhance  the  comparability  of  action  taken  and  to  ensure  transparency 
and mutual trust. Any new commitments agreed by the European Council would also need to 
be included. 

3. 

SOURCES OF INFORMATION FOR THE COMMISSION’S ANNUAL REPORT (“INPUT”) 

The information required for the tracking method will either need to be provided by Member 
States  or  will  be  available  directly  to  the  Commission  through  mechanisms  that  have  been 
developed as part of the EU’s migration policy. 

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COM(2008) 359 final. 

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3.1. 

Information to be provided by Member States 

Identification of the main actions undertaken, and the most significant developments planned, 
at  Member  State  level  will  require  input  from  the  Member  States.  The  European  Pact 
recognises this when stating that the Commission’s annual report should be based on Member 
States’  contributions.  Consequently,  the  competent  authorities  in  the  Member  States  should 
provide an annual contribution consisting of a short “political” report and factual information. 
Member  States  will  be  asked  to  use  a  common  structure  for  these  contributions.  For  the 
Commission’s report in 2010, the common structure is based on the commitments made in the 
Pact  and  is  attached  as  an  Annex.  In  order  to  increase  the  comparability  of  the  national 
contributions, the Commission will provide further guidance in September 2009 in a formal 
request to Member States. 

The  effects  on  migration  flows  of  the  current  economic  crisis  will  have  started  to  be  felt  in 
2009.  However,  as  described  in  the  next  section,  the  harmonised  Community  statistics  for 
2009 will not be available (other than for the asylum area) in time to be taken account of in 
the Commission’s annual report in 2010. The Commission will therefore as indicated in the 
Annex  request  Member  State  to  provide,  if  available,  appropriate  data  for  the  first  part  of 
2009.  Such  data  will  not  be  collected  according  to  harmonised  standards  and  will  therefore 
not be comparable; the data may however be able to indicate trends. 

Member  States’  contributions  should  meet  the  needs  of  the  tracking  process  while  not 
imposing reporting burdens that are excessive or lead to duplication of work. In this respect, 
Member States, when providing their annual contribution could, if they consider it appropriate 
in order to avoid duplication of work, refer to factual information in the annual policy report 
of the relevant National Contact Point of the European Migration Network. Those reports are 
among  the  several  sources  of  information  from  Member  States  that  are  directly  available  to 
the Commission and that are considered in the next section. 

3.2. 

Information available to the Commission 

As regards statistical data, the Statistics Regulation (862/2007) provides for the collection of 
harmonised  and  comparable  Community  statistics  on  migration  and  asylum,  and  related 
procedures  and  processes4.  Under  the  Regulation,  Member  States  are  to  provide  to  the 
Commission (Eurostat) data according to different timetables depending on the type of date in 
question;  certain  data  on  asylum  is  to  be  provided  sooner  than  data  on  migration5.  The 
resulting data released by the Commission (Eurostat), which are already used for other reports 
such as European Migration Network’s statistical reports, will be a key source of information 
for the tracking method. 

In relation to asylum, the Commission’s annual report will be able to refer to data on asylum 
applications and first instance decisions that are relatively up to date; the report in 2010 will 

4 

5 

Regulation (EC) No 862/2007 of 11 July 2007 on Community statistics on migration and international 
protection, OJ L 199, 31.7.2007, p. 23. 
In relation to asylum, Member States are to provide to the Commission (Eurostat) statistics relating to 
(depending on the data category) monthly, quarterly or yearly periods. Monthly (asylum applications) 
and quarterly (first instance decisions on asylum applications) data are to be sent after two months of 
the end of reference period. In relation to other migration statistics Member States are to provide yearly 
data within three, six or 12 months (depending on the data category) of the end of the reference year. 
These  timetables  are  laid  down  in  the  Regulation  and  represented  the  earliest  dates  by  which 
comparable data would be available in all Member States. 

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be able to include such data for at least the first three quarters of 2009. Although 2009 annual 
data on final asylum decisions will not be available for the Commission’s 2010 report, they 
will however be made available by the Commission (Eurostat) before the annual debate at the 
European Council in June 2010. 

Other  migration  statistics  for  2009  will  unfortunately  not  yet  be  available  to  be  taken  into 
account  in  the  Commission’s  2010  report.  However,  the  2009  annual  data  that  under  the 
Regulation are to be provided by Member States to the Commission (Eurostat) within three 
months of the end of the year (which include data on illegal entry and stay, and on returns) 
will  be  made  available  by  the  Commission  (Eurostat)  before  the  annual  debate  at  the 
European Council. 

Source of information on legislative and policy developments include in particular: 

(a) 

(b) 

(c) 

Annual  policy  reports  from  the  European  Migration  Network  (EMN).  The 
EMN’s  aim  is  to  meet  the  information  needs  of  Community  institutions  and 
national authorities by providing up-to-date, objective, reliable and comparable 
information on migration and asylum, with a view to supporting policymaking 
in the EU6. Each National Contact Point (NCP) is required to provide each year 
a report describing the migration and asylum situation in the Member State in 
question,  which  should  include  policy  developments7.  The  Commission  will 
call  on  the  EMN  to  re-examine  the  specifications  for  and  the  timing  of  its 
annual  policy  reports  in  order  to  make  them  more  useful  for  the  tracking 
method. 

Information  provided  by  Member  States  in  the  context  of  implementing  the 
four  funds  of  the  General  programme  ‘Solidarity  and  Management  of 
Migration Flows’: the European Refugee Fund, the External Borders Fund, the 
European Fund for the Integration of third-country nationals, and the European 
Return Fund. 

The  mutual  information  mechanism  (MIM)  concerning  Member  States’ 
measures  in  the  areas  of  asylum  and  immigration8:  this  is  a  channel  for 
exchanging  information  and  views  on  national  asylum  and  immigration 
measures that are likely to have a significant impact on several Member States 
or on the EU as a whole. 

(d) 

Existing  reports  prepared  by  the  Commission,  such  as  the  annual  report  on 
illegal immigration9 and reports on labour market developments10.  

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Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network, OJ L 131, 
21.5.2008, p. 7, Article 1(2). 
Article 9(1) of the Decision. 
Council  Decision  2006/688/EC  of  5  October  2006  on  the  establishment  of  a  mutual  information 
mechanism  concerning  Member  States'  measures  in  the  area  of  asylum  and  immigration,  OJ  L  283, 
14.10.2006, p. 40. 
Third  annual  report  on  the  development  of  a  common  policy  on  illegal  immigration,  smuggling  and 
trafficking of human beings, external borders, and the return of illegal residents, SEC(2009) 320 final. 
See  for  example  the  Employment  in  Europe  2008  Report,  which  included  a  chapter  on  the  labour 
market situation and impact of recent third-country migrants. 

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(e) 

(f) 

(g) 

Reports  from  agencies  (in  particular  Frontex)  and  bodies  (for  example 
Cirefi11). There will be limits to the use of some sources of information as the 
Commission’s  annual  report  will  be  a  public  document  and  will  therefore  be 
based only on publicly accessible information. 

Information obtained in the context of implementing the Common Agenda for 
Integration12  (e.g.  information  from  National  Contact  Points  for  Integration, 
Handbooks on Integration, European Web Site on Integration). 

Transposition  information  from  external  studies,  Commission  reports  and 
infringement procedures. 

There are also further sources of information that could be taken into account, including work 
undertaken in international forums such as the OECD and research projects, particularly those 
funded under Community research programmes. 

4. 

PROCESS AND TIMING 

Indicative timetable for the 2010 annual report from the Commission: 

Date 

Member States 

Commission 

early September 
2009 

from November 

mid-November 

Member States to provide 
contribution on 
implementation at national 
level. 

Formal request to Member 
States to provide contribution. 

To start preparing the annual 
report as regards 
implementation at EU level. 

mid-January 2010  Member States to update their 

contribution, if necessary. 

mid-April 

To adopt and present the 
annual report. 

April to mid-June  Preparatory discussions in the Council. 

3rd week June 

Annual debate at the European Council meeting. 

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12 

The  Centre  for  Information,  Discussion  and  Exchange  on  the  Crossing  of  Frontiers  and  Immigration 
(Cirefi)  was  set  up  by  a  decision  of  the  Ministers  responsible  for  immigration  in  1992.  Its  activities 
were expanded in 1994 to include the collection of information on legal migration, illegal immigration 
and  unlawful  residence,  facilitating  of  illegal  immigration  and  the  use  of  false  or  falsified  travel 
documents, OJ C 274, 19.9.1996, p. 50. 
COM(2005) 389 final. 

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July, September 

Review and evaluate the process and propose improvements 
for the following cycle. 

The  annual  review  and  evaluation  should  make  for  gradual  improvement  of  the  process.  A 
first important step towards developing the tracking method will be to include the programme 
that follows on from the Hague Programme. The method will also be able to benefit from new 
reporting  mechanisms,  in  particular  the  annual  reports  on  the  situation  of  asylum  in  the  EU 
that  the  Commission  has  proposed  be  drawn  up  by  the  future  European  Asylum  Support 
Office13. 

In  addition,  other  existing  reporting  duties  of  the  Commission,  in  particular  the  reports  on 
illegal immigration14 and the information transmitted under the MIM15, should in due course 
be  brought  to  an  end,  and  the  respective  information  provided  instead  in  the  Commission’s 
annual report on the implementation of the Pact. 

5. 

CONCLUSION 

The tracking method will add a structured annual cycle of reporting and high-level political 
debate  to  the  area  of  immigration  and  asylum.  The  annual  report  will  be  a  key  political 
statement from the Commission on policies on immigration and asylum implemented at EU 
and  national  levels.  Holding  an  annual  debate  in  the  European  Council  signals  that 
immigration and asylum are major political issues of European integration. The process will 
thus  ensure  that  the  new  impetus  of  the  European  Pact  and  of  the  future  multi-annual 
programme  on  freedom,  security  and  justice  is  maintained,  and  that  the  EU’s  common 
immigration and asylum policy will continue to be developed taking account of the specific 
needs of each Member State and in the common interest of the European Union. 

13 

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Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  establishing  a  European 
Asylum  Support  Office,  COM(2009)  66  final,  Article  12.  With  a  view  to  consistency  between  the 
various  legal  instruments  in  the  field  of  asylum,  the  Commission  will  look  into  the  possibility  of 
amending Council Decision establishing the EMN. 
Requested by the 2003 Thessaloniki European Council. 
Required by Article 4 of Council Decision 2006/688/EC. 

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ANNEX: COMMON STRUCTURE FOR MEMBER STATES’ CONTRIBUTIONS 

I. SHORT “POLITICAL” REPORT 

In relation to the five policy areas of the Pact, please summarise what is your Member State’s political assessment of progress since the Pact was 
adopted in October 2008. 

I. Legal immigration – integration 

Main commitment: Organise legal immigration to take account of the priorities, needs and reception capacities determined by each Member State, and 
to encourage integration 

II. Illegal immigration 

Main commitment: Control illegal immigration in particular by ensuring that illegal immigrants return to their countries of origin or to a transit country 

III. Border Control 

Main commitment: Make border controls more effective 

IV. Asylum 

Main commitment: Construct a Europe of asylum 

V. Global Approach to migration 

Main  commitment:  Create  a  comprehensive  partnership  with  the  countries  of  origin  and  of  transit  to  encourage  the  synergy  between  migration  and 
development 

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II. FACTUAL INFORMATION 

The Commission will identify the main actions undertaken at the EU level. Member States should use the table below to report on the main actions 
undertaken, and those planned, at the national level. The commitments set out below are copied from the European Pact. 

Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

I. Legal immigration – integration 

Main  commitment:  Organise  legal  immigration  to  take  account  of  the  priorities,  needs  and  reception  capacities  determined  by  each  Member 
State, and to encourage integration 

(a) 

to 
the 
invite  Member  States  and 
Commission  to  implement  policies  for 
labour migration, with due regard to the 
acquis  communautaire  and  Community 
preference,  bearing 
in  mind  potential 
human resources within the EU, and using 
the  most  appropriate  resources,  which 
take account of all the needs of the labour 
market of each Member State, pursuant to 
the  conclusions  of  the  European Council 
of 13 and 14 March 2008; 

(b) 

to increase the attractiveness of the EU for 
highly qualified workers 

Please also report on how your national labour 
migration legislation and/or policy has been 
affected by the economic crisis. 

Please provide, if available, data and trends for 
labour migration in the first part of 2009. 

Please  also  report  on  how  your  national 
legislation  and/or  policies  for  the  entry  of  highly 
qualified  workers  have  been  affected  by  the 
economic crisis. 

Please  provide,  if  available,  data  and  trends  for 
highly qualified workers in the first part of 2009. 

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Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

reception 

and take new measures to further facilitate 
and 
of 
the 
researchers  and  their  movement  within 
the EU; 

students 

Please  also  report  on  how  your  national 
legislation and/or policies for the entry of students 
and  researchers  have  been  affected  by 
the 
economic crisis. 

Please  provide,  if  available,  data  and  trends  for 
students and researchers in the first part of 2009. 

(c) 

(d) 

to  ensure,  in  encouraging  temporary  or 
circular  migration,  pursuant 
the 
conclusions  of  the  European  Council  of 
14 December 2007, that those policies do 
not aggravate the brain drain; 

to 

family  migration  more 
to  regulate 
inviting  each  Member 
effectively  by 
State,  in  compliance  with  the  European 
Convention  for  the  Protection  of  Human 
Rights  and  Fundamental  Freedoms,  to 
take  into  consideration  in  its  national 
legislation,  except  for  certain  specific 
categories,  its  own  reception  capacities 
and  families'  capacity  to  integrate,  as 
and 
their 
by 
evaluated 
country  of 
accommodation 
in 
destination  and, 
their 
knowledge of that country's language; 

for  example, 

resources 

the 

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(e) 

(f) 

(g) 

Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

to  strengthen  mutual  information  on 
existing 
by 
migration 
instruments where necessary; 

improving 

Please  also  report  on  whether  you  have  changed 
your  information  policies  as  a  result  of  the 
economic crisis. 

Please  also  report  on  whether  you  have  changed 
your  integration  policies  as  a  result  of  the 
economic crisis. 

improve 

information 

the 
on 
to 
possibilities  and  conditions  of 
legal 
migration, particularly by putting in place 
the instruments needed for that purpose as 
soon as possible; 

to invite Member States, in line with the 
common  principles  approved  by 
the 
Council  in 2004,  to  establish  ambitious 
policies,  in  a  manner  and  with  resources 
that  they  deem  appropriate,  to  promote 
the harmonious integration in their host 
countries of immigrants who are likely to 
settle permanently;  

the 

implementation  of 
those  policies, 
which will call for a genuine effort on the 
part of the host countries, should be based 
on  a  balance  between  migrants'  rights  (in 
particular  to  education,  work,  security, 
and public and social services) and duties 
(compliance with the host country's laws). 

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Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

They  will  include  specific  measures  to 
promote  language-learning  and  access  to 
employment, 
for 
essential 
integration;  

factors 

they will stress respect for the identities of 
the  Member  States  and  the  EU  and  for 
their  fundamental  values,  such  as  human 
rights,  freedom  of  opinion,  democracy, 
tolerance,  equality  between  men  and 
women,  and  the  compulsory  schooling  of 
children.  

The European Council also calls upon the 
Member  States  to  take  into  account,  by 
means  of  appropriate  measures,  the  need 
to  combat  any  forms  of  discrimination  to 
which migrants may be exposed; 

to  promote  information  exchange  on 
best  practice  implemented,  in  line  with 
the  common  principles  approved  by  the 
Council in 2004, in terms of reception and 
integration,  and  on  EU measures  to 
support national integration policies. 

(h) 

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Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

II. Illegal immigration 

Main commitment: Control illegal immigration in particular by ensuring that illegal immigrants return to their countries of origin or to a transit 
country 

(a) 

(b) 

to  use  only  case-by-case  regularisation, 
rather 
than  generalised  regularisation, 
under  national  law,  for  humanitarian  or 
economic reasons; 

Please also report on whether you have changed 
your policies on regularisation as a result of the 
economic crisis. 

to  conclude  readmission  agreements  at 
EU or bilateral level with those countries 
with which this is necessary, so that each 
Member State has the legal instruments to 
ensure 
are 
expelled;  

immigrants 

illegal 

that 

Please report on bilateral agreements that you 
have concluded. 

the  effectiveness  of  EU  readmission 
agreements will be evaluated;  

negotiating  directives 
succeeded should be reviewed;  

that  have  not 

Member  States  and  the  Commission  will 
consult 
future  EU 
closely  when 
readmission agreements are negotiated; 

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(c) 

(d) 

(e) 

Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

to  ensure  that  the  risks  of  irregular 
the 
migration  are  prevented  within 
framework  of 
the 
the  modalities  of 
policies  for  the  entry  and  residence  of 
or,  where 
nationals 
third-country 
appropriate,  other  policies,  including  the 
modalities  of  the  framework  for  freedom 
of movement; 

develop 

cooperation 

to 
between 
Member  States,  using,  on  a  voluntary 
basis  and  where  necessary,  common 
arrangements  to  ensure  the  expulsion  of 
illegal 
(biometric 
identification  of  illegal  entrants,  joint 
flights, etc.); 

immigrants 

to 
the 
step  up  cooperation  with 
countries of origin and of transit, under 
the  Global  Approach  to  Migration,  in 
order  to  control  illegal  immigration,  in 
particular 
them  an 
ambitious  policy  on  police  and  judicial 
international 
cooperation 
in 
criminal 
engaged 
trafficking  migrants  and 
in  human 
trafficking, 

follow  with 

organisations 

combat 

to 

to 

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Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

and  to  provide  better  information  to 
communities under threat so as to avoid 
the tragedies that can occur, particularly at 
sea; 

(f) 

to invite Member States, specifically with 
the support of Community instruments, to 
devise 
to  assist 
incentive 
voluntary return 

systems 

Please also report on whether your policy on 
voluntary return has been affected by the economic 
crisis. 

and to keep each other informed on this 
point  in  order  to  prevent  the  fraudulent 
return  to  the  EU  of  those  who  receive 
such aid; 

(g) 

in 

interest  of 

to  invite  Member  States  to  take  rigorous 
action,  also 
the 
the 
immigrants,  by  way  of  dissuasive  and 
proportionate  penalties  against  those 
immigrants 
who 
(employers, etc.); 

exploit 

illegal 

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Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

(h) 

pursuant 

decision 
State 

to  which 
taken 

to  put  into  full  effect  the  Community 
an 
provisions 
by 
expulsion 
one Member 
applicable 
throughout  the  EU,  and,  within  that 
framework,  an  alert  for  such  a  decision 
entered 
the  Schengen  Information 
System (SIS) obliges other Member States 
to  prevent  the  person  concerned  from 
entering or residing within their territory. 

in 

is 

III. Border Control 

Main commitment: Make border controls more effective 

(a) 

(b) 

invite Member States and the Commission 
to mobilise all their available resources to 
ensure  more  effective  control  of  the 
external land, sea and air borders; 

generalise the issue of biometric visas as 
from  1  January  2012  at  the  latest,  as  a 
result  of  the  Visa  Information  System 
(VIS),  

immediately 
between Member States' consulates,  

improve 

cooperation 

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Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

pool  resources  as  far  as  possible  and 
gradually  set  up,  on  a  voluntary  basis, 
joint consular services for visas; 

(c) 

give the Frontex agency, with due regard 
for  the  role  and  responsibilities  of  the 
Member  States,  the  resources  to  fulfil  its 
mission of coordinating the control of the 
external border of the European Union, to 
to 
cope  with  crisis 
undertake, 
of 
Member States,  any  necessary  operations, 
whether 
in 
accordance, in particular, with the Council 
conclusions of 5 and 6 June 2008.  

situations  and 
the 

temporary  or  permanent, 

request 

at 

taken 

In the light of the results of an evaluation 
of  the  agency,  its  role  and  operational 
resources  will  be  strengthened  and  a 
create 
decision  may  be 
specialised  offices  to  take  account  of  the 
diversity of situations, particularly for the 
land border to the East and the sea border 
to the South: creating such offices should 
on no account undermine the unity of the 
Frontex agency.  

to 

EN 

17 

EN 

 
  
 
 
 
 
 
 
(d) 

(e) 

Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

Ultimately,  the  possibility  of  setting  up  a 
European system of border guards may be 
examined; 

give  fuller  consideration,  in  a  spirit  of 
solidarity,  to  the  difficulties  of  those 
Member 
to 
disproportionate influxes of immigrants 
and, to that end, invite the Commission to 
submit proposals; 

subjected 

States 

the 

enable 

deploy  modern  technological  means  to 
ensure  that  systems  are  interoperable  and 
to 
integrated 
management of the external border, in line 
with  the  conclusions  of  the  European 
Council  on  19  and  20  June  2008  and  of 
the Council on 5 and 6 June 2008.  

effective 

on 

the 
depending 
From 2012, 
Commission's proposals, the focus should 
be on establishing  electronic recording of 
entry  and  exit,  together  with  a  fast-track 
procedure for European citizens and other 
travellers; 

EN 

18 

EN 

 
  
 
 
 
 
 
 
 
 
Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

(f) 

(g) 

intensify cooperation with the countries 
of  origin  and  of  transit  in  order  to 
strengthen  control  of  the  external  border 
and  to  combat  illegal  immigration  by 
increasing  the  European  Union's  aid  for 
the 
those 
training  and  equipping  of 
countries'  staff  responsible  for  managing 
migration flows; 

improve  the  modalities  and  frequency  of 
the  Schengen  evaluation  process 
in 
accordance  with  the  Council  conclusions 
of 5 and 6 June 2008. 

EN 

19 

EN 

 
  
 
 
 
 
Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

IV. Asylum 

Main commitment: Construct a Europe of asylum 

(a) 

(b) 

administrations 

establish  in  2009  a  European  support 
office  with  the  task  of  facilitating  the 
exchange  of  information,  analyses  and 
experience  among  Member  States,  and 
developing  practical  cooperation  between 
the 
of 
examining  asylum  applications.  That 
office will not have the power to examine 
applications  or  to  take  decisions  but  will 
use  the  shared  knowledge  of  countries  of 
origin  to  help  to  bring  national  practices, 
procedures,  and  consequently  decisions, 
into line with one another; 

charge 

in 

the  Commission 

invite 
to  present 
proposals  for  establishing,  in  2010  if 
possible and in 2012 at the latest, a single 
asylum  procedure  comprising  common 
guarantees  and  for  adopting  a  uniform 
status for refugees and the beneficiaries of 
subsidiary protection; 

EN 

20 

EN 

 
  
 
 
 
 
Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

(c) 

establish  procedures,  in  the  case  of  crisis 
in  a  Member  State  faced  with  a  massive 
influx  of  asylum-seekers,  to  enable  the 
secondment  of  officials 
from  other 
Member  States  to  help  that  State  and  the 
demonstration  of  effective  solidarity  with 
that  State 
existing 
by  mobilising 
EU programmes more rapidly.  

to 

with 

specific 

For  those  Member  States  which  are 
faced 
and 
disproportionate  pressures  on  their 
national  asylum 
in 
systems,  due 
particular 
their  geographical  or 
demographic  situation,  solidarity  shall 
also  aim  to  promote,  on  a  voluntary  and 
coordinated  basis,  better  reallocation  of 
beneficiaries  of  international  protection 
from such Member States to others, while 
ensuring  that  asylum  systems  are  not 
those 
abused. 
principles, 
in 
consultation with the Office of the United 
Nations High Commissioner for Refugees 
where  appropriate,  will  facilitate  such 
voluntary and coordinated reallocation.  

accordance  with 
the 

Commission, 

In 

EN 

21 

EN 

 
  
 
 
 
 
Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

(d) 

Specific 
funding  under  existing  EU 
financial  instruments  should  be  provided 
for  this  reallocation,  in  accordance  with 
budgetary procedures; 

strengthen  cooperation  with  the  Office 
of 
the  United  Nations  High 
Commissioner  for  Refugees  to  ensure 
better  protection  for  people  outside  the 
territory  of  EU  Member  States  who 
request protection, in particular by: 

– 

– 

moving,  on  a  voluntary  basis, 
towards  the  resettlement  within  the 
EU  of  people  placed  under  the 
protection  of  the  Office  of  the 
UNHCR,  particularly  as  part  of 
regional protection programmes; 

inviting  the  Commission,  in  liaison 
with  the  Office  of  the  UNHCR,  to 
present  proposals  for  cooperation 
with  third  countries  in  order  to 
strengthen  the  capacities  of  their 
protection systems; 

EN 

22 

EN 

 
  
 
 
 
 
 
 
Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

(e) 

invite  the  Member  States  to  provide  the 
personnel  responsible 
for  external 
border  controls  with  training  in  the 
rights  and  obligations  pertaining 
to 
international protection. 

V. Global Approach to migration 

Main commitment: Create a comprehensive partnership with the countries of origin and of transit to encourage the synergy between migration 
and development 

(a) 

or 

EU-level 

conclude 
bilateral 
agreements with the countries of origin 
and of transit containing, as appropriate, 
clauses  on  the  opportunities  for  legal 
migration  adapted  to  the  labour  market 
situation in the Member States, the control 
of  illegal  immigration,  readmission,  and 
the development of the countries of origin 
and of transit;  

invites 

the  European  Council 
the 
Member States  and  the  Commission  to 
inform  and  consult  each  other  on  the 
objectives  and  limits  of  such  bilateral 
agreements, 
readmission 
agreements; 

and 

on 

EN 

23 

EN 

 
  
 
 
 
 
 
 
Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

(b) 

(c) 

(d) 

opportunities 

encourage  Member  States,  as  far  as  they 
are able, to offer the nationals of partner 
countries  to  the  East  and  South  of 
Europe 
legal 
immigration adapted to the labour market 
situation in Member States, enabling those 
nationals 
or 
acquire 
professional  experience  and  accumulate 
savings that they can use for the benefit of 
their home countries.  

training 

for 

to 

The  European  Council  invites  Member 
States  to  encourage  in  this  context  forms 
of  temporary  or  circular  migration,  in 
order to prevent a brain drain; 

pursue  policies  of  cooperation  with  the 
countries  of  origin  and  of  transit  in  order 
to deter or prevent illegal immigration, in 
particular by capacity-building in those 
countries; 

integrate  migration  and  development 
policies  more  effectively  by  examining 
how such policies may benefit the regions 
of  origin  of  immigration,  in  coherence 
with  other  aspects  of  development  policy 
and the Millennium Development Goals.  

EN 

24 

EN 

 
  
 
 
 
 
 
 
 
 
Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

The  European  Council  invites  Member 
States and the Commission in this context 
to  focus,  within  the  sectoral  priorities 
identified  with  the  partner  countries,  on 
that 
solidarity  development  projects 
raise  the  living  standards  of  citizens,  for 
example  in  the  areas  of  nutrition,  health 
care,  education,  vocational  training  and 
employment; 

(e) 

promote  co-development  actions  that 
the 
in 
to 
enable  migrants 
development of their home countries.  

take  part 

financial 

The  European  Council  recommends  that 
Member  States  support  the  adoption  of 
specific 
for 
remittances 
transferring  migrants' 
securely  and  more  cheaply 
their 
countries  for  the  purposes  of  investment 
and welfare insurance; 

instruments 

to 

EN 

25 

EN 

 
  
 
 
 
 
 
 
Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

(f) 

in 

of 

the 

implement 

December 2007, 

firmly 
the  partnership 
between  the  EU  and  Africa  agreed  in 
Lisbon 
the 
conclusions 
first  Euro-
Mediterranean  ministerial  meeting  on 
migration  held  in  Albufeira  in  November 
2007  and  the  Rabat  action  plan  and  to 
that  end  call  on  the  second  Euro-African 
ministerial  conference  on  migration  and 
development  in  Paris  in  autumn 2008  to 
decide on practical measures;  

in 

accordance  with 

develop, 
its 
conclusions  of  June  2007,  the  Global 
Approach to Migration to the East and 
this 
South-east  of  Europe,  and, 
respect,  welcome 
initiative  of  a 
the 
ministerial  conference  on  this  topic  in 
April 2009 in Prague;  

in 

and 

sectoral 

continue  to  make  use  of  the  existing 
political 
dialogues, 
particularly with the countries of Latin 
America,  the  Caribbean  and  Asia,  in 
order to consolidate mutual understanding 
of what is at stake in the field of migration 
and intensify current cooperation; 

EN 

26 

EN 

 
  
 
 
 
 
 
 
Commitment 

Main actions undertaken at Member State level  Most significant developments 
planned at Member State level 

(g) 

(h) 

speed up the deployment of the key tools 
of  the  Global  Approach  to  Migration 
(migration 
cooperation 
balances, 
platforms,  partnerships  for  mobility  and 
circular migration programmes), to ensure 
a  balance  between  the  migration  routes 
from  the  South  and  those  from  the  East 
and  South-east  and  take  account  of  the 
lessons  learned  in  these  matters  when 
negotiating  EU  and  bilateral  agreements 
on  migration  and 
readmission  with 
countries  of  origin  and  of  transit,  as  well 
as Pilot Mobility Partnerships;  

ensure  when  implementing  these  various 
actions  that  they  are  consistent  with 
other  aspects  of  the  EU's  development 
cooperation  policy,  particularly 
the 
European  Consensus  on  Development  of 
2005, and other policies, particularly the 
neighbourhood policy. 

EN 

27 

EN