Report from the Commission to the European Parliament and the Council - First Annual Report on Immigration and Asylum (2009) {SEC(2010) 535}
Date: 2010-05-06
Institutions: European Commission
Subjects: border control, economic recession, illegal migration, immigration, report, right of asylum

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EUROPEAN COMMISSION 

Brussels, 6.5.2010 
COM(2010)214 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

First Annual Report on Immigration and Asylum (2009) 

{SEC(2010) 535} 

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1. 

INTRODUCTION 

In the European Pact on Immigration and Asylum, adopted in October 20081,  the European 
Council  made  five  basic  commitments  on  legal  immigration  and  integration,  illegal 
immigration,  border  controls,  asylum,  and  partnership  with  countries  of  origin  and  transit 
(Global Approach). 

This  is  the  Commission's  1st  Annual  Report  on  the  implementation  of  the  Pact.  It  will 
contribute  to  preparing  the  European  Council’s  annual  debate  on  immigration  and  asylum 
policies. 

Section  2  summarises  and  assesses  developments  at  EU  and  national  levels2  and  presents 
recommendations, looking in turn at each of the five areas of the Pact. Given that this will be 
an  annual  exercise,  the  recommendations  highlight  points  which  the  Commission  considers 
need  particular  attention  over  the  coming  year.  The  commitments  in  the  Pact  will  also  be 
developed under the Stockholm Programme3 and its Action Plan. 

The  reporting  period  is  from  October  2008  to  end  2009.  The  economic  crisis  was  a  major 
factor, so section 3 looks at its effects on migration. Section 4 touches on the methodology for 
this report, followed by the conclusions. An annexe presents key statistics. 

2. 

PROGRESS IN THE FIVE AREAS OF THE PACT 

2.1. 

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 

Legal  migration.  EU  level:  Adoption  of  the  EU  Blue  Card  Directive  will  offer  an  EU 
admission  procedure  for  highly  qualified  workers.  Discussion  continued  on  the  proposed 
Framework Directive for a single permit and rights for migrant workers. The New Skills for 
New  Jobs  initiative4  considered  how  migrant  workers’  skills  can  be  linked  to  EU  labour 
needs.  A  Commission  report  identified  possible  problems  in  transposing  the  Family 
Reunification  Directive.  Mutual  information  was  developed,  notably  through  the  European 
Migration Network. However, an evaluation of the Mutual Information Mechanism showed it 
did not meet expectations. 

National  level:  Labour  migration  continued  to  be  managed  by  reference  to  labour  market 
needs  and  preference  to  EU  citizens.  The  economic  crisis  reduced  inflows,  but  not  in  all 
Member States. Some Member States therefore tightened entry criteria or quotas, but others 
relied  on  the  flexibility  of  demand-driven  systems.  Improvements  to  governance  of  legal 
migration  included  new  policy  concepts,  new  bodies  and  simplified  procedures.  Changes  to 
family  reunification  policies  included  tighter  conditions  and  increased  action  against 
marriages of convenience. 

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14368/08 (Presidency Conclusions) and 13440/08 (Pact). 
An accompanying Commission Staff Working Paper provides more detail. 
EUCO 6/09 (Presidency Conclusions) and 17024/09 (Programme). 
COM(2008) 868. 

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Assessment:  In  line  with  the  Pact,  labour  migration  is  in  general  managed  by  reference  to 
labour market needs and EU preference. There was a welcome trend to simplify procedures. 
However, there is room for better matching of EU labour needs with skills in third countries. 

Recommendations:  Member  States  and  Commission  should,  in  cooperation  with  third 
countries, continue to improve labour matching and skills recognition in line with action to 
promote a comprehensive labour migration policy under the flagship initiative “An agenda for 
new  skills  and  jobs”  of  the  Europe  2020  strategy.  This  will  also  help  meet  demographic 
challenges. 

The Policy Plan on Legal Migration should be pursued: 

–  Member States should work towards timely and ambitious transposition of the EU Blue 

Card, 

–  Council and Parliament should take advantage of the new dynamic of the Lisbon Treaty to 
reach  agreement  on  the  Framework  Directive  for  a  single  permit  and  basic  socio-
economic rights for migrant workers. 

Mutual  information  remains  important:  Member  States  and  Commission  should  improve 
reporting  on  important  national  developments  through  future  Annual  Reports  on 
Immigration and Asylum. 

Integration. EU level: Two new instruments were launched: the European Integration Forum 
and European Web Site on Integration. Work was undertaken in priority areas identified in the 
November  2008  Council  Conclusions:  promoting  European  values,  working  on  public 
perception of migrants and legal immigration, developing European modules and identifying 
indicators to evaluate results. The third Handbook on Integration was prepared. Details are in 
the  Report  to  the  2010  Ministerial  Conference  on  Integration5.  Council  adopted  the 
Framework  Decision  on  Racism  &  Xenophobia,  and  discussions  continued  on  the  proposed 
Framework  Directive  prohibiting  discrimination  outside  employment.  In  March  2010  the 
European  Council  agreed  that  better  integration  of  migrants  would  help  achieve  the  Europe 
2020 target of a 75% employment rate for 20-64 year olds. 

National  level:  Member  States  reported  adopting  or  preparing  national  legislation,  plans  or 
strategies. Several Member States referred to mechanisms for consultation and dialogue. Key 
themes  for  policies  were  language  learning,  access  to  employment  and  action  against 
discrimination.  Some  Member  States  focus  polices  on  refugees.  A  few  formalise  rights  and 
obligations  in  an  ‘integration  contract’.  Some  reported  on  policies  to  improve  the  status  of 
migrants,  into  long-term  residence  or  citizenship.  An  increasing  number  of  Member  States 
mention monitoring and efforts to develop indicators. 

Assessment:  The  EU  framework  was  consolidated.  Integration  policy  continued  to  be 
developed  at  EU  and  national  levels  in  line  with  the  EU  common  basic  principles  for 
integration and the 2005 common agenda for integration. Attention is being paid both to rights 
(employment,  anti-discrimination)  and  obligations  (language  learning).  A  welcome  trend  is 
continued development of EU and national structures, for policies as a whole, for information 
exchange and for dialogue. 

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SEC(2010) 357. 

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Recommendations: Priority should still be given to indicators for monitoring the results of 
integration policies. 

Work should start on a new EU agenda for migrants’ integration to be adopted in 2011, as 
called for by the Europe 2020 strategy, and taking account of the Stockholm Programme and 
of an explicit legal basis (Art. 79(4) TFEU) introduced by the Lisbon Treaty. 

2.2. 

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 

EU level: Two key instruments were adopted: the Return and Employer Sanctions Directives. 
The  Commission  proposed  an  instrument  to  enhance  preventing  and  combating  human 
trafficking  and  protecting  victims.  FRONTEX  increased  its  activities  in  the  area  of  return. 
Efforts  to  conclude  readmission  agreements  were  pursued:  an  agreement  was  signed  with 
Pakistan;  negotiations  advanced  with  Morocco  and  resumed  with  Turkey  (see  2.5); 
negotiations directives were adopted for Georgia and Cape Verde. Negotiations on a number 
of  Partnership  and  Cooperation  Agreements  continued.  The  effectiveness  of  readmission 
agreements  is  regularly  monitored  in  joint  readmission  committees.  Tackling  illegal 
immigration was a key component of Mobility Partnerships (see 2.5). 

National  level:  Work  began  on  transposing  the  Return  Directive.  Measures  were  taken  in  a 
several  Member  States  to  promote  voluntary  departure.  More  stringent  policies  on  forced 
return and higher enforcement rates were occasionally considered to lead also to a decrease of 
illegal  immigration.  Certain  Member  States  pointed  to  large  numbers  of  illegally  staying 
migrants who temporarily cannot be returned and stated that measures should be taken to find 
solutions.  Considerable  support  was  given  to  joint  return  flights.  Several  Member  States 
indicated measures taken to fight human trafficking. Many Member States reported on efforts 
to conclude bilateral readmission agreements and stressed the importance of cooperation with 
third states at EU level, subject to proper consultation. Individual Member States mentioned 
regularisation  measures  they  have  taken;  some  others  strived  to  avoid  such  measures  or  to 
tailor them to return policy. A few Member States reported on mechanisms to prevent abuse 
of  legal  migration  schemes  and  free  movement,  e.g.  by  improving  coordination  between 
different parts of the national administration. 

Assessment:  Return  policy  and  readmission  agreements  were  a  major  focus  of  attention. 
Voluntary  departure  appears  to  have  become  the  preferred  option  of  return,  in  line  with  the 
Return  Directive.  On  the  other  hand,  several  Member  States  also  adopt  a  more  stringent 
policy  on  forced  return,  pointing  to  the  deterrent  effect.  Many  Member  States  reported 
positive  experiences  with  FRONTEX-coordinated  joint  return  flights.  Cooperation  with 
countries of origin and transit is essential for policies on illegal immigration. The existence of 
large  numbers  of  illegally  staying  migrants  who  temporarily  cannot  be  returned  deserves 
further  attention.  As  for  regularisation  measures,  there  seems  no  consistent  view  among 
Member States on their use as a tool to tackle illegal immigration. 

Recommendations:  Member  States  should  pay  particular  attention  to  full  and  timely 
transposition of the Return and Employer Sanctions Directives. 

Member States should increase numbers and effectiveness of inspections at workplaces in 
sectors where there is particular risk of exploitation of illegally staying workers. 

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Member  States  should  use  the  opportunity  offered  by  the  Return  Directive  to  foster 
voluntary departure and make use of the Return Fund. 

The  use  of  joint  return  flights  should  be  further  promoted,  by  making  full  use  of  the 
Return Fund and FRONTEX coordination. 

Taking  into  account  different  approaches,  exchange  of  information  and  monitoring  of 
national regularisation measures should be promoted, in line with the recommendations of 
the Pact. 

Further efforts should be made to negotiate and conclude readmission agreements with key 
third countries. 

Given  large  numbers  of  illegally  staying  migrants  who  temporarily  cannot  be  returned, 
the  Commission  will  carry  out  a  study  on  their  treatment  whilst  maintaining  the  primary 
objective of carrying out return (ending of illegal stay) as soon as possible. 

The EU and Member States should ensure that measures aiming at better control of migration 
take  full  account  of  fundamental  rights  and  children’s  rights  in  accordance  with  the  EU 
Charter of Fundamental Rights and the UN Convention on the Rights of the Child. 

2.3. 

Border Control 

Main commitment: Make border controls more effective 

EU  level:  Preparatory  work  was  undertaken  for  the  recent  (February  2010)  proposal  to 
upgrade  FRONTEX  and  for  a  proposal  for  an  EU  Entry/Exit  System  and  EU  Registered 
Traveller  Programme.  Technical  problems  which  postponed  the  Visa  Information  System 
(VIS) were tackled. Discussions took place on an improved Schengen evaluation mechanism 
proposed  by  the  Commission.  The  Common  Consular  Instructions  (CCI)  were  amended, 
providing  a  legal  framework  for  enhanced  cooperation  between  Member  States’  consulates, 
and implementing measures were prepared. In order jointly to manage mixed migration flows, 
reinforced international cooperation took place in particular with Turkey and Libya (see 2.5). 

National level: All Member States reported on efforts to put in place or maintain reinforced 
border control mechanisms — where appropriate with support from the Borders Fund. Several 
took measures to foster better cooperation between migration, border and police authorities. 
Member States reported on their active involvement in FRONTEX activities; many expressed 
support for upgrading FRONTEX’s role. Several Member States mentioned intensified border 
management  cooperation  with  third  countries.  Preparation  for  the  VIS  was  undertaken; 
several  Member  States  underlined  the  need  to  deal  with  the  remaining  obstacles  as  soon  as 
possible. Some Member States aimed to promote the role of Immigration Liaison Officers in 
visa services, and active support was given to cooperation between consulates at local level. A 
number  of  Member  States  implemented  projects  for  registered  traveller  programmes  and 
entry/exit systems. 

Assessment:  All  Member  States  took  seriously  the  commitment  to  ensure  more  effective 
control  of  external  borders.  Significant  efforts  were  made,  including  deployment  of  modern 
technology.  The  usefulness  of  funding  from  the  Borders  Fund  was  frequently  mentioned. 
There is broad support for and involvement in FRONTEX activities. Several followed the call 
to reinforce consular cooperation. Several Member States — particularly at the EU’s eastern 

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and southern border — intensified border management cooperation with third countries. The 
technical  problems  and  subsequent  delay  of  operation  of  VIS  was  deplored  by  several 
Member  States  and  some  expressed  doubts  about  further  development  of  large-scale  IT 
systems  (such  as  EU  Entry/Exit  System)  at  this  time.  The  commitment  to  improve  the 
Schengen evaluation process could not be followed up yet. 

Recommendations:  Member  States  and  the  Commission  should  make  best  use  of,  and 
ensure  correct  application  of,  the  key  legal  instruments  (Border  Code,  Visa  Code 
(repealing  the  CCI),  Frontex  Regulation,  VIS,  Borders  Fund),  and  take  the  necessary 
implementing measures. 

Where  there  is  broad  support  for  further  harmonisation  (such  as  upgrading  the  role  of 
FRONTEX  as  proposed  by  the  Commission,  or  amending  certain  provisions  of  existing 
legislation), efforts should be made in legislative discussions to stand by the commitments in 
the Pact to mobilise all available resources to ensure more effective border control and to give 
Frontex the resources to fulfil its mission. 

Schengen  cooperation  has  been  an  outstanding  success  story  and  the  Schengen  evaluation 
process is a unique review mechanism which should be maintained and strengthened in 
line with the provisions of the Treaty. This mechanism must be built upon trust between all 
involved  and  a  clear  allocation  of  competencies.  Now  the  Lisbon  Treaty  has  entered  into 
force,  the  Commission  will  submit  a  new  proposal  shortly.  To  achieve  a  result,  flexibility 
from all EU institutions and recognition of legal realities will be required. 

2.4. 

Asylum 

Main commitment: Construct a Europe of asylum 

EU level: The Commission presented all the legislative initiatives requested by the Pact and 
others which had been announced in the June 2008 Policy Plan on Asylum. The amendments 
to the Directives on Asylum Procedures and Qualification, in particular, answer the Pact's call 
for a single procedure and uniform status, and are expected to improve coherence between EU 
asylum  instruments.  They  should  simplify,  streamline  and  consolidate  substantive  and 
procedural  standards  of  protection  across  the  EU  and  lead  to  more  robust  determinations  at 
first instance, thus preventing abuse and improving efficiency of the asylum process. 

Amendments  to  the  Dublin  and  Eurodac  Regulations  and  to  the  Directive  on  Reception 
Conditions  were  also  proposed,  and  there  were  proposals  for  a  Joint  EU  Resettlement 
Scheme,  and  a  European  Asylum  Support  Office  (EASO)  to  facilitate,  coordinate  and 
strengthen  practical  cooperation.  Council  and  Parliament  reached  political  agreement  in 
November 2009 on the EASO. 

Non-legislative  action  was  also  taken.  An  external  evaluation  of  Regional  Protection 
Programmes  concluded  that  they  are  a  first  and  successful  mechanism  to  provide  more 
protection  for  refugees  close  to  regions  of  origin,  but  that  their  impact  was  limited  due  to 
limited  flexibility,  funding,  visibility  and  coordination  with  other  EU  humanitarian  and 
development policies, and insufficient engagement of third countries. It has been decided to 
improve and expand them, in particular in the Horn of Africa (Kenya, Djibouti, Yemen) and 
north Africa (Libya, Egypt, Tunisia). 

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Work has been ongoing since July 2009 on a pilot project for voluntary relocation from MT to 
other Member States of beneficiaries of international protection, with financial support from 
the European Refugee Fund, which in 2009 also supported the relocation to FR from MT of 
95 beneficiaries of international protection. In total, ten Member States (DE, FR, LU, HU, PL, 
PT, RO, SI, SK, UK) accepted to relocate from MT beneficiaries of international protection. 

National  level:  By  the  start  of  the  reporting  period  most  Member  States  had  already 
transposed the first-phase instruments of the asylum acquis, although there were some which 
notified transposition measures in 2009, with significant delay. The main activities reported 
were  resettlement  and  practical  cooperation  activities.  Some  non-traditional  resettling 
Member  States  offered  resettlement  (BE,  PT)  while  at  least  two  Member  States  (RO,  SK) 
temporarily hosted refugees to be resettled elsewhere. 

MT and EL were supported by some Member States (NL, UK) by practical cooperation such 
as training and secondment of officials. Several Member States (BE, CZ, DE, FR, NL, AT, 
SE, UK) continued their efforts to create a European Asylum Curriculum. 

Assessment:  Efforts  are  ongoing  to  implement  all  asylum-related  commitments  of  the  Pact. 
However,  while  progress  has  been  significant  in  setting  up  the  EASO,  which  will  be 
operational  in  2010,  and  in  resettlement,  with  an  increasing  number  of  Member  States 
showing an interest, discussions on amending the first-phase instruments are difficult and are 
progressing  slowly.  The  majority  of  Member  States  have  not  shown  much  interest  in 
solidarity  measures  in  the  form  of  intra-EU  relocation  of  beneficiaries  of  international 
protection. 

Recommendations:  Additional  efforts  should  be  made  by  Council  and  Parliament  in  the 
ongoing  legislative  discussions  to  stand  by  their  commitment  to  a  Common  European 
Asylum System offering a higher degree of protection and standards. 

All stakeholders should provide full support for a quick start of EASO’s operations. 

More  Member  States  should  step  up  efforts  to  support  Member  States  most  affected  by 
asylum  pressures,  by  accepting  relocation  of  beneficiaries  of  international  protection  or  by 
other  means,  e.g.  through  providing  technical  assistance,  in  line  with  the  principle  of 
solidarity and fair sharing of responsibility (Art. 80 TFEU) introduced by the Lisbon Treaty. 

2.5. 

Global Approach to Migration 

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

EU  level:  Building  on  the  2008  Commission  Communication  on  ‘Strengthening  the  Global 
Approach  to  Migration’,  which  suggested  improvements  to  coordination,  coherence  and 
synergies,  the  tools  of  the  Global  Approach  have  been  further  developed.  In  addition  to 
ongoing  Mobility  Partnerships  (MPs)  with  the  Republic  of  Moldova  (15  Member  States 
participating)  and  Cape  Verde  (5  Member  States),  in  November  2009  the  EU  signed  a  MP 
with Georgia (16 Member States). A September 2009 Commission Staff Working Document 
evaluated  the  pilot  MPs.  The  main  elements  of  the  evaluation  were  reflected  in  December 
2009 Council Conclusions. Other tools were deployed such as migratory missions to Georgia, 
Tanzania, Belarus and Kenya. Migration profiles were completed in 10 countries in Western 

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Africa  and  17  in  East  and  South-East  Europe,  as  well  as  those  annexed  to  the  Country 
Strategy Papers of ACP countries. A cooperation platform was set up in Ethiopia. 

The June and October 2009 European Council conclusions on the Mediterranean have been 
successfully followed up. As regards Turkey, stalled negotiations on a readmission agreement 
were  resumed,  and  FRONTEX  made  progress  in  negotiating  a  working  arrangement.  As 
regards  Libya,  the  Commission  continued  negotiating  the  EU-Libya  Framework  agreement, 
including a migration article, and developed dialogue and cooperation. 

In relation to Africa, the Commission supported actions under the EU-Africa Partnership on 
Migration,  Mobility  and  Employment  and,  at  regional  level,  the  Rabat/Paris  Cooperation 
Programme.  In  Eastern  Europe  the  Commission  supported  the  April  2009  Ministerial 
Conference  in  Prague  and  the  follow-up  project  Building  Migration  Partnerships.  In  other 
regions,  the  EU  launched  a  Structured  Dialogue  on  Migration  with  Latin  American  and 
Caribbean  countries,  and  held  meetings  with  ASEM  and  India.  The  Thematic  Programme 
funded  projects  on  brain  drain,  circular  migration,  legal  and  illegal  migration,  diaspora 
involvement  in  development  and  remittances.  Funding  under  geographical  instruments  has 
been programmed for migration-related activities.  

A September 2009 Commission Communication highlighted the need for coherence between 
migration and development policy, as did November 2009 Council Conclusions. 

National level: Member States reported strong interest in better synergy (i.e. links) between 
migration  policies  and  external  relations,  especially  with  countries  on  migratory  routes  to 
Europe.  Member  States  report  having  contributed  well  to  the  Global  Approach,  with 
participation  in  Mobility  Partnerships,  migratory  missions,  launching  of  Building  Migratory 
Partnerships,  and  progress  with  the  Cooperation  Platform  in  Ethiopia.  Individual  Member 
States  have  negotiated  bilateral  agreements  on  migratory  issues  with  Morocco,  Russia, 
Georgia, Ukraine, Congo, Burundi, Malawi, Libya, Albania, and Cape Verde. Some Member 
States  have  adopted  a  medium-term  Strategy  for  Development  Cooperation  that  includes 
development linked to migration. On specific issues, there are programmes on transparency in 
the remittances sector and on countering ‘brain drain’ by ethical recruitment of medical staff 
from developing countries. 

Assessment:  Dialogue  with  third  countries  on  migration  has  considerably  developed. 
However,  the  various  dialogue  processes  need  rationalising,  while  synergies  between 
migration  and  development  need  strengthening.  The  cooperation  under  the  Thematic 
Programme  needs  to  be  strengthened  by  using  EU  geographical  instruments  and  Member 
States’ contributions; cooperation on migration and development should now go beyond pilot 
cases.  Migration  profiles,  a  key  instrument  for  an  evidence-based  migration  policy,  were 
successfully  promoted.  The  tools  of  the  Global  Approach  need  to  be  systematised  and 
consolidated with the active involvement of all actors to ensure better coordination, coherence 
and synergies. 

Recommendations:  The  EU  should,  with  continued  Member  State  support, further  develop 
and  consolidate  the  Global  Approach  to  Migration,  on  the  basis  of  the  Stockholm 
Programme,  by  strategic,  evidence-based  and  systematic  use  of  all  its  instruments, 
rationalisation  of  dialogue  processes  and  strengthening  of  operational  cooperation.  Balance 
between  the  three  areas  (legal  migration,  illegal  migration,  migration  and  development) 
should be reinforced. 

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The focus should remain on cooperation with the more relevant countries of origin and 
transit in Africa and Eastern and South-Eastern Europe. Dialogue and cooperation should 
also be furthered with countries in Asia, e.g. India and China, and in Latin America and the 
Caribbean. 

3. 

EFFECTS OF THE ECONOMIC CRISIS 

Immigration  from  third  countries  has  contributed  to  growth  in  many  Member  States.  The 
economic downturn poses new challenges, although its effects on migration flows are difficult 
to  assess.  Two-thirds  of  Member  States  have  seen  an  impact  of  the  economic  crisis  on 
migration flows, mainly reflected in reduced demand for foreign workers. 

Migrants  are  among  the  hardest  hit  by  the  crisis.  The  impact  differs  widely,  however, 
especially by sector (the worst hit include construction, manufacturing, tourism and financial 
services),  education  level  and  professional  qualifications.  Unemployment  rates  of  non-EU 
citizens climbed from  13.6 %  in 3Q2008 to 18.9 % in 3Q2009 — a higher increase than for 
nationals (6.4 % to 8.4 %), but similar to workers from other Member States (8.6 % to 12 %). 

Remittance  flows  to  developing  countries  have  declined  —  from  $ 338  billion  in  2008, 
according to the World Bank; the estimate for 2009 is $ 317 billion. EU support has focused 
on the hardest hit developing countries. 

The  EU  has  responded  resolutely  to  the  effects  of  the  crisis.  Many  of  the  overall  measures 
such  as  economic  stimulus  packages  and  labour  market  interventions  through  job  creation 
have benefited EU citizens and migrants. 

The economy is already recovering. Although in the short term the crisis will attenuate labour 
and  skills  shortages,  in  the  longer  term  a  well  organised  legal  immigration  policy  will 
continue  to  play  an  important  role  in  filling  labour  shortages  and  meeting  demographic 
challenges  (the  EU’s  active  population  will  start  to  shrink  as  from  2013/2014).  In  fact,  an 
over-restrictive policy could worsen the effects of the crisis by aggravating labour shortages. 
In  this  context,  due  regard  should  be  paid  to  the  need  to  respect  the  principle  of  Union 
preference and the relevant transitional arrangements of recent acts of accession. 

Recommendations:  The  EU  and  Member  States  should  maximise  the  benefits  of  labour 
migration as an important tool to address labour market shortages as part of the Europe 
2020 strategy. 

The EU should address the economic crisis with third countries that are particularly hit by 
its long-term effects. 

4. 

METHODOLOGY 

Using  the  ‘tracking  method’  described  in  its  June  2009  Communication6,  the  Commission 
assembled this report from Member States’ contributions and other information, in particular 
reports  from  National  Contact  Points  (NCPs)  of  the  European  Migration  Network  (EMN). 

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The  2nd  Annual  Report,  to  be  presented  in  2011,  will  also  cover  the  Stockholm  Programme 
and Action Plan in relation to immigration and asylum. 

Recommendation: For the next report, Member States should continue to provide a political 
report  to  the  Commission  but  relevant  factual  information  should  be  provided  in  the 
reports of the EMN NCPs. 

5. 

CONCLUSIONS 

Progress  has  been  made  at  national  and  EU  levels  in  developing  immigration  and  asylum 
polices  in  line  with  the  Pact.  A  first  generation  of  instruments  of  the  comprehensive  EU 
migration  policy  are  now  in  place:  legislation,  the  four  Funds,  agencies  and  networks, 
agreements with third countries. These should be fully implemented, used to best advantage 
and  evaluated7.  Some  policy  frameworks  need  to  be  further  developed,  such  as  the  Policy 
Plan for Legal Migration and the Global Approach. 

In  some  areas  the  Commission  has  presented  proposals  to  upgrade  the  first-generation 
instruments by creating a Common European Asylum System and upgrading FRONTEX. The 
Commission  encourages  the  European  Parliament  and  Council  to  agree  on  ambitious 
legislative texts. 

Further  development  of  the  EU’s  migration  policy  is  however  needed,  as  recognised  by  the 
Stockholm Programme. The Europe 2020 strategy calls for a comprehensive labour migration 
policy and better integration of migrants including in the workplace. The recommendations in 
this  Report  identify  priorities  for  the  coming  year.  Further  impetus  will  also  come  from 
changes under the Lisbon Treaty, notably the enhanced role of the European Parliament, and 
from the Action Plan Implementing the Stockholm Programme8. 

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In 2010 the Commission will present a Communication on evaluating JLS policies. 
‘Delivering an area of freedom, security and justice for Europe's citizens’, COM(2010) 171. 

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EU demographic perspectives9 

Annex: Statistical summary 

•  From 495.4 million in 2008 the EU-27 population is projected to rise to 520.7 million in 
2035 then fall to 505.7 million in 2060. Whereas in 2008 there were 4 persons of working 
age (15-64) for every person aged 65 or over, in 2060 the ratio is expected to be 2 to 1. 

Migration and integration 

•  On 1.1.2003, the number of third-country nationals (TCNs) in the EU-25 was 16.2 million, 
i.e. 3.6 % of the population. Five years later, on 1.1.2008, the number of TCNs in the EU-
27 was 19 million, i.e. 3.9 % of the EU-27 population (4.15 % of the EU-25 population). 

•  The largest groups of TCNs in 2008 were Turks, Moroccans and Albanians. 

•  In 2008, 1.62 million first residence permits were issued in the EU10. 35 % were issued for 
family  migration,  33 %  for paid  employment,  14 % for  study;  the  rest  for  various  reasons 
(protection-related, residence without right to work, etc). 

•  As shown in the table, the unemployment rate for nationals wishing to work in their own 
Member State was lower than that for TCNs. Although the current economic crisis has hit 
both  groups  of  workers,  TCNs  have  suffered  more:  the  unemployment  rate  increased  by 
31 % for nationals and by 39 % for TCNs between 3Q2008 and 3Q2009. 

EU citizens 

Nationals 

Other EU citizens 

3Q2007 

3Q2008 

3Q2009 

6.6 % 

7.7 % 

6.4 % 

8.6 % 

8.4 % 

12 % 

Third-country nationals (TCNs) 

13.4 % 

13.6 % 

18.9 % 

Illegal immigration and return 

•  In  2008,  the  number  of  illegally  staying  TCNs  apprehended  in  the  EU-27  was  about 
609 000  (in  2003  in  EU-25  the  number  was  425 000).  Member  States  issued  around 
608 000 return decisions. The number of effected returns was much lower, about 241 000 
(in 2003 in EU-25, 245 000). 

•  The Clandestino project11 estimated the size of the illegally staying population in 2008 at 

between 1.8 and 3.3 million for the EU15 (down from 3.1–5.3 million in 2002). 

Asylum 

•  In 2008, Member States recorded slightly over 240 000 asylum applicants, an increase of 
about  6 %  compared  to  2007.  Preliminary  data  indicate  that  the  number  of  asylum 

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Eurostat Statistics in focus 72/2008. 
Excluding LU, UK. 
Research project financed by the 6th Framework Programme. 

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applications in 2009 remained at the same level as in 2008; but this apparent stability hides 
significant  differences  at  national  level:  the  Mediterranean  Member  States  (EL,  ES,  IT, 
CY, MT) experienced decreases but there are large increases in DK (59 %), HU (50 %), PL 
and  FI  (47 %),  BE  (40 %),  DE  (25 %),  AT  (23 %)  and  FR  (19 %).  Moreover,  those  total 
figures for asylum applications hide significant differences between Member States when 
the numbers are expressed as a proportion of population. 

•  In 2009, the most important countries of citizenship of asylum-seekers in the EU were, in 
order:  Afghanistan,  Somalia,  Russia,  Iraq  and  Serbia  (including  Kosovo).  Numbers  were 
down  by  36 %  for  Iraqis  compared  to  2008,  but  they  were  up  by  more  than  30 %  for 
Afghanistan and Serbia. 

•  In  2008,  more  than  65 000  asylum-seekers  received  international  protection  status  in  the 
EU. This status was granted in almost 24 % of decisions taken in first-instance procedures. 
In addition nearly 11 000 persons were authorised to stay for humanitarian reasons. 

•  4 886 refugees were resettled in the EU from third countries. 

•   

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