Commission staff working document - Annexes accompanying the Communication from the Commission to the European Parliament and the Council - Action Plan on Unaccompanied Minors (2010 – 2014) {COM(2010) 213}
Date: 2010-05-06
Institutions: European Commission
Subjects: area of freedom, security and justice, children's rights, fundamental rights, immigration, residence permit, right of asylum, third country, trafficking in human beings, young person

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EUROPEAN COMMISSION 

Brussels, 6.5.2010 
SEC(2010) 534 final 

COMMISSION STAFF WORKING DOCUMENT 

ANNEXES 

accompanying the 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

Action Plan on Unaccompanied Minors (2010 – 2014) 

{COM(2010) 213} 

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COMMISSION STAFF WORKING DOCUMENT 

Annexes to the Action Plan on Unaccompanied Minors (2010-2014) 

This  Commission  Staff  Working  Document  includes  two  annexes  to  the  Action  Plan  on 
Unaccompanied Minors (2010-2014). The first one outlines an overview of the EU’s policy 
framework  and  tools  for  the  promotion  and  protection  of  the  rights  of  the  child,  relevant  to 
unaccompanied children  and the main requirements of the UN Convention on the Rights of 
the Child. It also outlines the main provisions in the EU legislative and financial instruments 
on asylum, immigration and trafficking in human beings addressing the specific situation of 
unaccompanied  minors  and  provides  examples  of  concrete  projects  financed  by  the  EU  to 
support  Member  States  and  third-countries  in  addressing  different  aspects  of  this 
phenomenon.  

The  second  annexe  lists  the  main  international  and  EU  instruments  –  directly  or  indirectly 
addressing  unaccompanied  minors  –  which  have  been  adopted  or  proposed,  as  well  as  the 
main EU documents and studies on the subject. Data and factual information used as a basis 
for  the  Action  Plan  can  be  found  in  the  European  Migration  Network  Synthesis  Report  on 
'Policies on Reception, Return and Integration for, and numbers of, Unaccompanied Minors – 
An EU Comparative Study' and in the Member States' reports1.  

ANNEX I 

I. 

AN  OVERVIEW  OF  THE  POLICY  FRAMEWORK  FOR  THE  PROMOTION  AND 
PROTECTION OF THE RIGHTS OF THE CHILD 

1. 

EU STRATEGY ON THE RIGHTS O THE CHILD  

1.1. 

General objectives 

With  the  aim  of  developing  a  common  basis  for  effective  protection  and  promotion  of 
children's  rights  in  internal  and  external  EU  policies,  the  Commission  adopted  in  2006  the 
Communication 'Towards an EU strategy on the Rights of the Child'.  

The main objective of this document was to establish an EU strategy which would encompass 
a broad number of dimensions of the EU children's rights policy. One of its specific objectives 
is to maximise the use of existing policies and instruments in order to address urgent needs 
concerning trafficking and exploitation.  

The European Union has a responsibility to ensure that its own activities respect the standards 
set  by  the  1989  UN  Convention  on  the  Rights  of  the  Child2  and  to  promote  and  protect 

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See EMN website: 
http://emn.sarenet.es/Downloads/prepareShowFiles.do;jsessionid=6363CAFD8D18C0094C099F5D523
DC770?directoryID=115 
Case C-540/03 European Parliament v Council of the European Union, para 37. 

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children's rights in all its actions affecting children. All EU policies are potentially concerned 
by the rights of the child – i.e. the principle of the primacy of the interests of the child, the 
child's right to life, survival and development, non-discrimination and respect for the child's 
opinions – as stated in Article 24 of the EU Charter of Fundamental Rights and in the United 
Nations Convention on the Rights of the Child. 

As announced in the Stockholm Programme, the Commission will further develop its Strategy 
on  children's  rights  with  a  more  focused  approach.  Particular  attention  will  be  paid  to 
protection of the rights of the most vulnerable children.  

1.2.  Children's' Rights in the External Relations 

As  part  of  the  EU  Strategy  on  the  Rights  of  the  Child,  the  European  Union  is  firmly 
committed  to  promoting  children’s  rights  and  responding  to  their  basic  needs  as  an  integral 
part  of  both  its  internal  and  external  policies.  As  regard  external  aspects,  it  is  based  on  the 
existing policy framework that involves an active promotion of the rights of the child as an 
integral  part  of  the  EU’s  external  policy  on  human  rights,  including  in  development, 
humanitarian, peace and security context. 

•  EU Guidelines on Children in Armed Conflicts (2003, updated 2008) 

This policy document commits the EU to address the short, medium and long term impact of 
armed conflict on children, making use of the variety of tools at its disposal, and building on 
past and ongoing activities. Some of the actions provided in the Guidelines include: tracing of 
family  members,  redress  and  social  reintegration,  psycho-social  rehabilitation  programmes, 
participation in disarmament, demobilisation and reintegration programmes as well as within 
transitional  justice  frameworks.  The  Guidelines also  recognise  that  girls  and  those  children, 
who are refugees, displaced, separated, abducted, affected by HIV/AIDS, disabled, subject to 
sexual  exploitation  or  in  detention  are  particularly  vulnerable.  The  EU  focuses  the 
implementation of the Guidelines on 19 priority countries, which are in accordance with the 
priority list of the Special Representative of the UN Secretary General for Children in Armed 
Conflicts. 

•  EU Guidelines on the Promotion and Protection of the Rights of the Child (2007) 

This EU policy document aims to promote the rights of the child worldwide, in particular by 
advancing the implementation of the UN Convention on the Rights of the Child and its two 
Optional Protocols and by ensuring that the rights of the child are taken into account in all EU 
policies  and  actions.  In  the  first  phase,  the  implementation  of  the  Guidelines  focuses  on 
combating  all  forms  of  violence  against  children,  with  a  special  focus  on  10  pilot  countries 
selected  by  the  EU  after  consulting  other  stakeholders.  In  the  context  of  unaccompanied 
children, the Guidelines address the specific situation of vulnerable children who experience 
threats to survival, lack opportunities for quality education, proper health and social care; are 
victims  of  worst  forms  of  child  labour,  sexual  exploitation  and  abuse,  diseases,  armed 
conflict,  various  forms  of  violence;  are  forced  into  early  marriages  and  have  to  endure 
harmful traditional practices. 

•  Commission  Communication  “A  Special  Place  for  Children  in  the  EU’s  External 

Action” (2008) 

The  Communication  identifies  the  policy  framework,  priority  areas,  programming  tools  and 
guiding principles to progress on children’s rights in selected priority areas: 

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–  Development  cooperation  –  by  making  full  use  of  development  cooperation  and  poverty 

eradication measures designed to address the root causes of poverty; 

–  Trade  policy  –  by  ensuring  children’s  rights  protection  as  part  of  a  broader  agenda  of 

sustainable development and in bilateral agreements; 

–  Political  dialogue  – 

through  systematic  consideration  of 

the 

implementation  of 

commitments under the Convention on the Rights of the Child in such dialogues; 

–  Regional and global actions – by appropriate actions at a regional and at the global level 

addressing issues that have a supra-national character; 

–  Empowerment  of  children  –  by  addressing  the  lack  of  capacity  to  meet  obligations  with 
regard to children’s rights by empowering children and adolescents to play an active role in 
those matters that affect them directly; 

–  Children  in  humanitarian  aid  -  by  addressing,  inter  alia,  three  crucial  issues  related  to 
children  during  crises  and  emergencies:  separated  and  unaccompanied  children,  children 
associated with armed forces or armed groups and children’s education in emergencies. 

The Communication is accompanied by the Action Plan and Staff Working Paper. 

•  Council Conclusions on the promotion and protection of the rights of the child in the 
European  Union's  external  action  the  development  and  humanitarian  dimensions 
(2008) 

In  this  policy  document,  the  Council  of  the  European  Union  underlines  its  commitment  to 
enhance  the  EU’s-wide  external  policy  on  children’s  rights  especially  in  development  and 
humanitarian dimensions, focusing on the most vulnerable groups and recognising the need to 
progress on achieving the Millennium Development Goals. In the context of unaccompanied 
children,  the  Council  highlighted  the  need  to  address  the  issue  of  separated  and 
unaccompanied  children,  including  measures  to  prevent  separation,  to  re-establish  family 
links  and  to  support  orphans  and  vulnerable  children  affected  by  HIV/AIDS;  children 
associated with armed forces or armed groups, in line with the 2007 Paris Commitments and 
Principles,  in  particular  in  the  areas  of  preventing  their  recruitment  and  ensuring  their 
unconditional release and reintegration, with special attention being paid to girls. 

2. 

PROVISIONS  OF  THE  UN  CONVENTION  ON  THE  RIGHTS  OF  THE  CHILD  RELEVANT 
TO UNACCOMPANIED CHILDREN 

The  UN  Convention  on  the  Rights  of  the  Child  (CRC),  which  has  been  ratified  by  all  EU 
Member  States,  lays  out  the  fundamental  human  rights  of  children.  It  also  provides  for  the 
protection,  care  and  proper  treatment  of  unaccompanied  children,  as  interpreted  by  the  UN 
Committee on the Rights of the Child in its General Comment No. 6 (2005).  

Provisions relevant to unaccompanied children: 

–  Legal obligations and implementation measures of State parties (art. 4)  

–  Non-discrimination (art. 2) 

–  Best interest of the child (art. 3)  

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–  The right to life and development (art. 6)  

–  The right of the child to express their views (art. 12) 

–  Confidentiality (art. 16)  

–  Initial assessment measures (arts. 8, 9 (3), 10 (2), 22 (2))  

–  Protection of the child, guardian or adviser and legal representative (arts. 18 (1), (2) and 20 

(1))  

–  Care and adoption arrangements (arts. 20, 21)  

–  Full access to education, cultural, religious and linguistic rights (arts. 28, 29 (1) (c), 30, 32)  

–  Right to an adequate standard of living (art. 27)  

–  Right to health (arts. 23, 24 and 39)  

–  Prevention of trafficking and of sexual and other forms of exploitation, abuse and violence 

(arts. 34, 35 and 36) 

–  Prevention of military recruitment and protection against effects of war (arts. 38 and 39)  

–  Prevention of deprivation of liberty and treatment in cases thereof (arts. 31, 37)  

–  Access to asylum procedure (art. 22)  

–  Procedural safeguards and support measures (art. 3(3), 22(1))  

–  Full enjoyment of all international refugee and human rights by children granted refugee 

status (art. 22)  

II. 

PROVISIONS  IN  THE  EU  LEGISLATIVE  AND  FINANCIAL  INSTRUMENTS  ON  ASYLUM, 
IMMIGRATION  AND  TRAFFICKING  IN  HUMAN  BEINGS  ADDRESSING  THE  SPECIFIC 
SITUATION OF UNACCOMPANIED MINORS 

1. ASYLUM POLICY  

1.1 Legislation 

In the development of a Common European Asylum System, particular attention is paid to the 
protection of children as a general rule, notably by always referring to the best interests of the 
child. Specifically, each legislative act addresses the vulnerable situation of minors: 

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•  Directive on “Reception conditions”3 

This Directive lays down minimum standards for the reception of asylum seekers in Member 
States. 

Firstly,  concerning  the  situation  of  minors  in  general,  the  Directive  specifies  that  the  best 
interests of the child shall be a primary consideration for Member States when implementing 
relevant  provisions  that  involve  minors  (Article  18).  Moreover,  it  introduces  certain 
entitlements such as the right to family unity (Article 8), access to education (Article 10) and 
to rehabilitation services, including appropriate mental health care and qualified counselling, 
for those minors who have been victims of any form of "abuse, neglect, exploitation, torture 
or cruel, inhuman and degrading treatment, or who have suffered from armed conflicts". 

Secondly, the Directive includes specific provisions for unaccompanied minors. In particular, 
Member  States  are  required  to  ensure  representation  of  the  unaccompanied  minor  by 
appointing a legal guardian, a person acting on behalf of an organisation responsible for the 
care  and  well  being  of  minors,  or  any  other  appropriate  representation  and  to  ensure  that 
regular assessments are carried out by the appropriate authorities. 

Concerning  accommodation  arrangements,  Member  States  are  required  to  ensure  that 
unaccompanied  minors  are  placed  with  adult  relatives,  with  a  foster-family,  in  reception 
centres with special provisions for minors or in other suitable accommodation. Member States 
may,  however,  place  unaccompanied  minors  aged  16  or  over  in  accommodation  centres  for 
adult asylum seekers. The Directive further specifies that as far as possible, siblings shall be 
kept together, taking into account the best interests of the minor concerned and, in particular, 
his / her age and degree of maturity. Changes of residence of unaccompanied minors shall be 
limited  to  a  minimum.  Furthermore,  the  Directive  stipulates  that  Member  States  shall 
endeavour  to  trace  the  family  members  of  unaccompanied  minors  as  soon  as  possible  with 
due regard for their safety. Finally, it ensures that those working with unaccompanied minors 
shall have had or receive the appropriate training. 

Taking into consideration the evaluation of the implementation of the Reception Conditions 
Directive  during  the  first  stage  of  the  Common  European  Asylum  System,  the  Commission 
adopted on 3 December 2008 an amending proposal4 aimed at ensuring better and more equal 
standards of treatment for asylum seekers. 

The  proposal  aims  inter  alia  to  ensure  an  adequate  standard  of  living  for  all  persons  with 
special  needs  including  minors  by,  for  example,  requiring  Member  States  to  set  up  national 
procedures in order to timely identify such needs and by facilitating access to health care. The 
proposal  also  specifies  that  minors  shall  not  be  detained  unless  it  is  in  their  best  interests, 
whereas  unaccompanied  minors  shall  never  be  detained.  Concerning  accommodation 
facilities, it is maintained that minors shall be able to access leisure-activities, including play 
and recreational activities. Finally the proposal facilitates access and integration of minors to 
the national schooling system. 

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Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of 
asylum seekers (OJ L 31, 6.2.2003, p. 18), available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:031:0018:0025:EN:PDF  
Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  laying  down  minimum 
standards for the reception of asylum seekers (Recast), COM(2008)0815 final, available at: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0815:FIN:EN:PDF.  

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•  Directive on “Qualification for refugee”5 

This Directive lays down minimum standards for the qualification of third country nationals 
or stateless persons as refugees or as persons who otherwise need international protection and 
the content of the protection granted. 

As far as the content of the protection granted is concerned, this Directive specifies that the 
best  interest  of  the  child  shall  be  of  primary  consideration  and  the  specific  situation  of 
vulnerable  persons  such  as  unaccompanied  minors  shall  be  taken  into  account  by  Member 
States  when  implementing  relevant  provisions  (Article  20).  This  Directive  has  some 
provisions  addressing  the  specific  situation  of  minors,  such  as  the  right  to  education  and  to 
family unity, as well as a specific article dedicated to the protection granted to unaccompanied 
minors (Article 30): 

(1) 

As  soon  as  possible  after  the  granting  of  refugee  or  subsidiary  protection  status, 
Member  States  shall  take  the  necessary  measures  to  ensure  the  representation  of 
unaccompanied minors by legal guardianship or, where necessary, by an organisation 
responsible  for  the  care  and  well-being  of  minors,  or  by  any  other  appropriate 
representation including that based on legislation or court order. 

(2)  Member States shall ensure that the minor's needs are duly met in the implementation 
of  this  Directive  by  the  appointed  guardian  or  representative.  The  appropriate 
authorities shall make regular assessments. 

(3)  Member  States  shall  ensure  that  unaccompanied  minors  are  placed  either:  (a)  with 
adult  relatives;  or  (b)  with  a  foster  family;  or  (c)  in  centres  specialised  in 
accommodation for minors; or (d) in other accommodation suitable for minors. 

(4) 

(5) 

In this context, the views of the child shall be taken into account in accordance with 
his or her age and degree of maturity. 

As far as possible, siblings shall be kept together, taking into account the best interests 
of  the  minor  concerned  and,  in  particular,  his  or  her  age  and  degree  of  maturity. 
Changes of residence of unaccompanied minors shall be limited to a minimum. 

(6)  Member States, protecting the unaccompanied minor's best interests, shall endeavour 
to trace the members of the minor's family as soon as possible. In cases where there 
may  be  a  threat  to  the  life  or  integrity  of  the  minor  or  his  or  her  close  relatives, 
particularly if they have remained in the country of origin, care must be provided to 
ensure that the collecting, processing and circulating of information concerning those 
persons is undertaken on a confidential basis. 

(7) 

Those  working  with  unaccompanied  minors  shall  have  had  or  receive  appropriate 
training concerning their needs. 

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Council Directive 2004/83 of 29 April 2004 on minimum standards for the qualification and status of 
third country nationals or stateless persons as refugees or as persons who otherwise need international 
protection and the content of the protection granted (OJ L 304, 30.9.2004, p. 12), available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004L0083:EN:HTML 

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The  Commission  adopted  on  21  October  2009  an  amending  proposal6  aimed  inter  alia  at 
ensuring higher standards of treatment for refugees and beneficiaries of subsidiary protection. 
The  amendments  relating  to  unaccompanied  minors  are  amended  with  a  view  to  ensuring 
consistency with the Commission's proposal for the amendment of the Reception Conditions 
Directive  and  require  Member  States  to  establish  procedures  for  tracing  the  family  of 
unaccompanied  minors  as  soon  as  possible  after  protection  has  been  granted  and  to  ensure 
that  those  working  with  unaccompanied  minors  have  had  –  but  also  continue  to  receive  – 
appropriate training. 

•  Procedures Directive7  

The  purpose  of  this  Directive  is  to  establish  minimum  standards  on  procedures  in  Member 
States for granting or withdrawing refugee status. 

Besides  specific  provisions  relating  to  minors,  such  as  the  possibilities  for  interviewing  a 
minor,  this  Directive  also  spells  out  special  guarantees  for  unaccompanied  minors.  In 
particular, Member States are required to ensure representation of the unaccompanied minor 
by appointing a legal guardian, a person acting on behalf of an organisation responsible for 
the  care  and  well  being  of  minors,  or  any  other  appropriate  representation.  Member  States 
may refrain from appointing a representative under certain conditions, for instance when the 
minor  will  in  all  likelihood  reach  the  age  of  maturity  before  a  decision  at  first  instance  is 
taken; or where he / she is 16 or older, unless he / she is unable to pursue his / her application 
without  a  representative.  The  Directive  also  insists  on  the  appropriate  skills  for  persons 
dealing with minors; it contains a provision on the use of medical examinations to determine 
the age of an unaccompanied minor, and underlines that the best interests of the child shall be 
of primary consideration for MS when implementing procedures provided for in the Directive. 

On  21  October  2009,  the  Commission  adopted  a  proposal  for  a  revised  asylum  procedures 
Directive8  which  inter  alia  aims  at  reinforcing  procedural  guarantees  for  unaccompanied 
asylum seeking minors. In particular, the recast explicitly stipulates the right of every minor 
to  apply  for  international  protection,  and  maintains  that  appropriate  bodies  involved  in  the 
return procedures, as described in Article 10(1) of the Return Directive, should be allowed to 
lodge  an  application  for  international  protection  for  an  unaccompanied  minor.  The  proposal 
invites  Member  States  to  ensure  that  applicants  with  special  needs,  including  minors,  are 
given an adequate opportunity to substantiate their applications for international protection. It 
is  further  underlined  that  personal  interviews  with  minors  should  be  conducted  in  a  child 
friendly  manner.  As  regards  representation,  the  proposal  makes  it  clear  that  unaccompanied 
minors should be represented by impartial and qualified guardians, that the guardians should 
both  assist  and  represent  unaccompanied  minors  throughout  the  procedure,  and  that  a 
guardian and/or a legal advisor should always be present when minors are interviewed. The 

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Proposal for a Directive of the European Parliament and of the Council on minimum standards for the 
qualification  and  status of  third-country  nationals or  stateless  persons  as  beneficiaries of  international 
protection  and  the  content  of  the  protection  granted  -  COM(2009)  551,  available  at:  http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0551:FIN:EN:PDF  
Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member 
States for granting and withdrawing refugee status (OJ L 326, 13.12.2005, p. 13), available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:326:0013:0034:EN:PDF 
Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  minimum  standards  on 
procedures  in  Member  States  for  granting  and  withdrawing  international  protection  (Recast)  - 
COM(2009) 554, available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0554:FIN:EN:PDF. 

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amendments reduce exceptions to an obligation to appoint a representative (guardian). In this 
respect,  provisions  allowing  Member  States  to  refrain  from  appointing  a  representative 
(guardian) where the minor is 16 years or older, or where free legal assistance is available, are 
deleted.  The  proposal  underlines  that,  subject  to  limited  exceptions,  unaccompanied  minors 
should  have  access  to  free  legal  assistance  at  first  instance  and  appeals  procedures,  and 
introduces additional safeguards with respect to medical examinations to determine the age of 
unaccompanied  minors.  In  the  latter  case,  Member  States  are  encouraged  to  employ  less 
invasive  exams  and  consider  other  evidence  before  taking  a  decision  to  use  a  medical 
examination. Finally, unaccompanied minors are explicitly exempted from accelerated, safety 
third country and border procedures.  

•  Dublin Regulation 

The Dublin Regulation lays down the criteria and  mechanisms  for  determining  the  Member 
State responsible for examining an asylum application lodged in one of the Member States by 
a third-country national. 

It contains several rules to deal with the specific situation of unaccompanied minors. It states 
that  the  Member  State  responsible  for  examining  his/her  application  is  the  Member  State 
where a member of his/her family is legally present. If no family member is legally present, 
the  Member  State  where  the  asylum  claim  is  lodged  is  responsible.  In  addition,  the 
unaccompanied minor has a relative or relatives in another Member State who can take care 
of him/her, Member States shall, if possible, unite the minor with his or her relatives. 

In  its  recent  proposal  amending  the  Dublin  Regulation9,  the  Commission  proposed  to 
strengthen these rules in order to guarantee absolute compliance with the principle of the best 
interests of the child. In particular, a new Article 6 has been added which requires Member 
States to closely cooperate with each other in assessing the best interests of the child and in 
particular to take due account of the following factors: the family reunification possibilities; 
the minor's well-being and social development; safety and security considerations as well as 
the  views  of  the  minor,  in  accordance  with  his/her  age  and  maturity.  The  Commission  also 
proposed to make the reunification of an unaccompanied minor with a relative who can take 
care of him/her a fully binding criterion for determining responsibility and clarified that in the 
absence  of  a  family  member  or  another  relative,  the  Member  State  responsible  is  the  one 
where  the  applicant  lodged  his/her  most  recent  application  for  international  protection, 
provided this is in his/her best interests. 

•  Directive on “Temporary Protection”10 

This Directive establishes minimum standards for giving temporary protection in the event of 
a  mass  influx  of  displaced  persons  from  third  countries  who  are  unable  to  return  to  their 

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Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and 
mechanisms  for  determining  the  Member  State  responsible  for  examining  an  application  for 
international  protection  lodged  in  one  of  the  Member  States  by  a  third-country  national  or  a  stateless 
person (Recast) - COM(2008) 820, available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0820:FIN:EN:PDF  
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection 
in  the  event  of  a  mass  influx  of  displaced  persons  and  on  measures  promoting  a  balance  of  efforts 
between  Member  States  in  receiving  such  persons  and  bearing  the  consequences  thereof  (OJ  L  212, 
7.8.2001, p. 12), available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0055:EN:NOT. 

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country of origin and to promote a balance of efforts between Member States in bearing the 
consequences of receiving such persons. 

Besides specific provisions relating to minors, such as the access to education and the right to 
family  unity,  particular  attention  is  given  to  unaccompanied  minors:  the  Directive  requests 
that  Member  States  provide  for  necessary  medical  care  or  other  assistance  for  persons  with 
special  needs,  such  as  unaccompanied  minors.  Member  States  shall  also  take  measures,  as 
soon  as  possible,  to  ensure  the  necessary  representation  of  unaccompanied  minors  by  legal 
guardianship, or, where necessary, representation by an organisation which is responsible for 
the  care  and  well-being  of  minors,  or  by  any  other  appropriate  representation.  During  the 
period  of  temporary  protection  Member  States  shall  ensure  that  unaccompanied  minors  are 
placed  with  adult  relatives,  a  foster-family,  in  reception  centres  with  special  provisions  for 
minors,  or  with  the  person  who  looked  after  the  child  when  fleeing.  Finally,  the  Directive 
specifies that the views of the child shall be taken into account in accordance with his / her 
age and maturity.  

1.2 Practical cooperation – Exchange of information and best practices 

The  future  European  Asylum  Support  Office  (EASO)  will  soon  facilitate,  coordinate  and 
strengthen  practical  cooperation  among  Member  States  on  the  many  aspects  of  asylum  and 
help to improve the implementation of the Common European Asylum System, including its 
external  dimensions.  The  Regulation  of  the  European  Parliament  and  of  the  Council 
establishing  the  Support  Office  will  be  adopted  during  the  first  months  of  201011.  The 
Commission is committed to proceeding as quickly as possible with the establishment of the 
Support Office.  

11 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  establishing  a  European 
Asylum Support Office - COM(2009) 66, available at 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0066:FIN:EN:PDF; 
Proposal  for  a  Decision  of  the  European  Parliament  and  of  the  Council  amending  Decision  No 
573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 by removing funding 
for  certain  Community  actions  and  altering  the  limit  for  funding  such  actions  -  COM(2009)  67, 
available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0067:FIN:EN:PDF. 

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2. 

IMMIGRATION POLICY 

•  Directive on family reunification12 

This  Directive  –  which  also  applies  to  refugees  –  contains  specific  provisions  in  case  the 
refugee is an unaccompanied minor: in this case the Member States shall authorise the entry 
and residence of his/her first-degree relatives in the direct ascending line and may authorise 
the  entry  and  residence  of  his/her  legal  guardian  or  any  other  member  of  the  family,  if  the 
refugee  has  no  relatives  in  the  direct  ascending  line  or  they  cannot  be  traced.  No  such 
provisions  exist  however  in  the  Directive  for  unaccompanied  minors  who  have  not  been 
recognised  with  refugee  status.  A  report  on  the  transposition  and  implementation  of  the 
Directive by Member States has been published by the Commission in 2008 (COM(2008)610 
final of 8.10.2008). 

3. 

RETURN POLICY 

•  Return Directive13  

Recital 22 of the preamble states that in line with the 1989 United Nations Convention on the 
Rights  of  the  Child,  the  “best  interests  of  the  child”  should  be  a  primary  consideration  of 
Member States when implementing this Directive. In line with the European Convention for 
the Protection of Human Rights and Fundamental Freedoms, respect for family life should be 
a primary consideration for Member States when implementing this Directive.  

Article 5 expressly obliges Member States to take due account of the best interests of the child 
and family life when implementing the Directive. 

According  to  this  Directive,  Member  States  are  obliged,  before  deciding  to  issue  a  return 
decision,  to  grant  assistance  to  unaccompanied  minors  by  appropriate  bodies  other  than  the 
authorities enforcing return. Furthermore, before removing an unaccompanied minor from the 
territory of a Member State, the authorities of that Member State shall be satisfied that he or 
she  will  be  returned  to  a  member  of  his  or  her  family,  a  nominated  guardian  or  adequate 
reception facilities in the State of return. 

Where  necessary,  Member  States  shall  extend  the  period  for  voluntary  departure  by  an 
appropriate period, taking into account the specific circumstances of the individual case, such 
as  the  length  of  stay,  children attending  school  and the  existence  of other family  and  social 
links.  

During the period for voluntary departure and periods for which removal has been postponed, 
Member  States  shall  ensure  that  the  following  principles  are  taken  into  account  as  far  as 
possible in relation to third-country nationals: 

12 

13 

Council  Directive  2003/86/EC  of  22  September  2003  on  the  right  to  family  reunification  (OJ  L  251, 
3.10.2003, p. 12), available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:251:0012:0018:EN:PDF 
Directive  2008/115/EC  of  the  European  Parliament  and  of  the  Council  of  16  December  2008  on 
common  standards  and  procedures  in  Member  States  for  returning  illegally  staying  third-country 
nationals (OJ L 348, 24.12.2008, p. 98), available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:348:0098:0107:EN:PDF  

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–  Family unity with family members present in their territory is maintained; 

–  Emergency health care and essential treatment of illness are provided; 

–  Minors are granted access to the basic education system subject to the length of their stay; 

–  Special needs of vulnerable persons are taken into account. 

As  regards  detention  of  minors,  the  Directive  contains  specific  safeguards  providing  that 
unaccompanied minors and families with minors shall only be detained as a measure of last 
resort and for the shortest appropriate period of time. Families detained pending removal shall 
be provided with separate accommodation guaranteeing adequate privacy. 

Minors  in  detention  shall  have  the  possibility  to  engage  in  leisure  activities,  including  play 
and recreational activities appropriate to their age, and shall have, depending on the length of 
their  stay,  access  to  education.  Unaccompanied  minors  shall  as  far  as  possible  be  provided 
with  accommodation  in  institutions  provided  with  personnel  and  facilities  which  take  into 
account  the  needs  of  persons  of  their  age.  The  best  interests  of  the  child  shall  be  a  primary 
consideration  in  the  context  of  the  detention  of  minors  pending  removal.  Recital  17  of  the 
Preamble  recalls  the  general  principle  that  third-country  nationals  in  detention  should  be 
treated  in  a  humane  and  dignified  manner  with  respect  for  their  fundamental  rights  and  in 
compliance with international and national law. 

•  Readmission Agreements 

Minors are fully covered by the scope of the EU readmission agreements currently in force or 
those  still  negotiated14.  Furthermore,  the  recent  EU  readmission  agreements  contain  clauses 
according  to  which  minor  unmarried  children  of  the  person  to  be  readmitted  shall  also  be 
covered by the readmission procedure of that person regardless of the child's place of birth or 
nationality unless the child has an independent right to stay.  

The EU readmission agreements do not contain any particular provisions regarding protection 
of minors. 

Obviously those readmission agreements are applicable only following the accomplishment of 
the return procedure. Hence, any person including a minor will first be in the position to use 
all the safeguards provided for by the Return Directive. 

Finally,  all  readmission  agreements  contain  a  non-affection  clause  with  the  European 
Convention of Human Rights. 

•  Regulation on Community Statistics on Migration and International Protection15 

14 

15 

The EU Readmission Agreements with the following third countries are currently in force: Hong-Kong, 
Macao, Sri Lanka, Albania, Russian Federation, Ukraine, FYROM, Serbia, Bosnia and Herzegovina, 
Montenegro and Moldova.  
Regulation  (EC)  n.  862/2007  of  the  European  Parliament  and  of  the  Council  of  11  July  2007  on 
Community statistics on migration and international protection and repealing Council Regulation (EEC) 
No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23), available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:199:0023:0029:EN:PDF.  

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Article 4(3), of Regulation No 862/2007 sets the obligation for the Member States to transmit 
annual  figures  on  applicants  for  international  protection  who  are  considered  to  be 
unaccompanied  minors.  This  data  must  be  disaggregated  by  age  and  sex,  and  by  the 
citizenship  of  the  persons  concerned.  They  shall  relate  to  reference  periods  of  one  calendar 
year and shall be supplied to the Commission (Eurostat) within three months of the end of the 
reference year. The first reference year shall be 2008.  

The  Regulation  also  provides  that  general  demographic  data  on  immigrants,  emigrants  and 
stock  and  statistics  on  apprehensions  must  be  disaggregated  by  age.  Residence  permit  data, 
statistics  on  returns  and  statistics  on  refusals,  on  the  contrary,  must  not16.  However, 
disaggregation  by  age  does  not  provide  any  information  on  whether  these  minors  are 
unaccompanied or not. 

4. 

POLICY ON BORDER CONTROL 

•  Regulation  (EC)  No  562/2006  of  the  European  Parliament  and  of  the  Council  of  15 
March 2006 establishing a Community Code on the rules governing the movement of 
persons across borders (Schengen Borders Code)17 

Point  6  of  Annex  VII  of  the  Schengen  Borders  Code  provides  that  border  guards  shall  pay 
particular  attention  to  minors,  whether  travelling  accompanied  or  unaccompanied.  Minors 
crossing an external border shall be subject to the same checks on entry and exit as adults, as 
provided for in the Code. In the case of minors travelling unaccompanied, border guards shall 
ensure, by means of thorough checks on travel documents and supporting documents, that the 
minors do not leave the territory against the wishes of the person(s) having parental care over 
them. 

Furthermore, point 3.7 of Part Two, Section I of the Practical Handbook for Border Guards 
(Schengen Handbook)18 provides that if there is doubt whether a minor who is a citizen of the 
EU or a third-country national legally residing in the EU is authorised to cross the border on 
exit, the national point of contact of the Member State of the minor's nationality or residence 
should be contacted. A list of national points of contact for consultation purposes on minors is 
attached to the Handbook and is accessible on the circa network. 

In  accordance  with  its  mandate,  the  European  Agency  for  the  Management  of  Operational 
Cooperation  at  the  External  Borders  of  the  Member  States  of  the  European  Union 
(FRONTEX)  prepares  both  general  and  tailored  risk  analysis  related  to  illegal  immigration 
across  the  external  borders  of  MS  in  which  particular  attention  is  paid  to  the  situation  of 
minors. The Agency has also been developing special training tools for border guards aimed 
at improving their skills on interviewing unaccompanied minors. 

16 

17 

18 

For  all  the  categories  which  do  not  need  to  be  disaggregated  by  age,  the  age  disaggregation  can  be 
added  at  a  later  stage  through  the  additional  disaggregations,  as  provided  by  Article  8  of  Regulation 
(EC) No 862/2007. 
Regulation  (EC)  No  562/2006  of  the  European  Parliament  and  of  the  Council  of  15  March  2006 
establishing  a  Community  Code  on  the  rules  governing  the  movement  of  persons  across  borders 
(Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1), available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0001:0032:EN:PDF. 
Practical Handbook for Border Guards (Schengen Handbook) available at 
http://register.consilium.europa.eu/pdf/en/08/st11/st11253.en08.pdf  

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5. 

TRAFFICKING AND EXPLOITATION OF HUMAN BEINGS  

•  Framework  Decision  on  combating  trafficking  in  human  beings  and  Commission's 

proposal for a revision19 

The  Framework  Decision  responded  to  a  generally  perceived  need  to  address  the  serious 
criminal  offence  of  trafficking  in  human  beings  at  EU  level,  providing  a  minimum  level  of 
approximation in national legislation. 

On  29  March  2010,  the  Commission  tabled  a  Proposal  for  a  Directive  of  the  European 
Parliament and of the Council on preventing and combating trafficking in human beings, and 
protecting  victims,  repealing  Framework  Decision  2002/629/JHA.  Some  provisions  are  of 
particular relevance to unaccompanied minors that are victims of trafficking. This includes a 
presumption of minor age in case of doubt, special assistance and support measures for child 
victims for their recovery, and to facilitate their participation in criminal proceedings, such as 
a special representative, free legal counselling and free legal representation, or child-sensitive 
ways to obtain their testimony. It also includes the possibility of not prosecuting or imposing 
penalties on victims of trafficking in human beings for their involvement in criminal activities 
they have been compelled to commit as a direct consequence of being trafficked, as well as 
training for officials likely to come into contact with victims and potential victims (front-line 
police  officers,  border  guards,  labour  inspectors,  health  care  personnel  and  consular  staff), 
aimed at enabling them to identify and deal with victims and potential victims of trafficking in 
human beings. 

•  Framework  Decision  on  combating  the  sexual  exploitation  of  children  and  child 

pornography and Commission's proposal for a revision20 

This  Framework  Decision  introduces  a  minimum  of  approximation  of  Member  States’ 
legislation  to  criminalise  the  most  serious  forms  of  child  sexual  abuse  and  exploitation,  to 
extend domestic jurisdiction, and to provide for a minimum of assistance to victims. 

On  29  March  2010,  the  Commission  tabled  a  Proposal  for  a  Directive  of  the  European 
Parliament and of the Council on combating the sexual abuse, sexual exploitation of children 
and child pornography, repealing Framework Decision 2004/68/JHA. Some provisions are of 
particular  relevance  to  unaccompanied  minors  that  are  victims  of  sexual  abuse  and  sexual 
exploitation. This includes a presumption of minor age in case of doubt, special assistance and 
support  measures  for  child  victims  for  their  recovery,  and  to  facilitate  their  participation  in 
criminal  proceedings,  such  as  a  special  representative,  free  legal  counselling  and  free  legal 
representation,  or  child-sensitive  ways  to  obtain  their  testimony.  It  also  includes  the 
possibility of not prosecuting or imposing penalties on child victims of sexual exploitation for 
their  involvement  in  unlawful  activities  as  a  direct  consequence  of  being  subjected  to  those 
offences (i.e. sanctions on prostitution). 

19 

20 

Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings 
(OJ L 203, 1.8.2002, p. 1) available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2002:203:0001:0004:EN:PDF  
Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation 
of  children  and  child  pornography  (OJ  L  13,  20.1.2004,  p.  44),  available  at:  http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004F0068:EN:NOT  

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•  Directive on the residence permit issued to third-country nationals who are victims of 

trafficking in human beings who co-operate with the competent authorities21 

Member States may decide to apply the Directive to minors who are or have been victims of 
trafficking in human beings. In this case, specific provisions are applicable: Article 10 stresses 
that the best interests of the child must be taken into due account and that minors must have 
access to the educational system. In case of unaccompanied minors, Member States shall take 
the necessary steps to establish their identity and nationality, shall ensure legal representation 
if necessary and shall make every effort to locate the families as quickly as possible. Article 9 
also states that minors shall be provided with necessary medical or other assistance in order to 
meet their special needs. A report on the transposition and implementation of the Directive by 
Member States will be published by the Commission in 2010. 

6. 

EU FINANCIAL INSTRUMENTS 

Several  European  financial  instruments  can  be  used  to  address  the  issue  of  unaccompanied 
minors.  

6.1 

Solidarity and management of migratory flows 

Under  the  Framework  Programme  "Solidarity  and  management  of  migratory  flows",  which 
has  an  overall  amount  of  about  4020  million  €  for  the  period  2007-2013,  the  "European 
Integration  Fund"  covers  unaccompanied  minors'  integration  if  they  are  considered  legally 
resident as well as the "European Refugee Fund" if they are asylum seekers, refugees or with 
subsidiary protection status. Moreover, under the "European Refugee Fund", Member States 
receive a fixed amount of EUR 4 000 for each resettled person falling into one of four specific 
categories, including unaccompanied minors22. 

The  "European  Return  Fund"  covers  measures  in  the  framework  of  the  return  procedure  or 
specific  actions  addressed  to  unaccompanied  minors,  like  information  on  return,  costs  of 
travel  and  food  for  returnees,  family  reunification  in  the  country  of  origin  as  well  as 
reintegration measures, etc. This fund can also be used to implement the specific provisions 
provided  on  the  issue  by  the  Return  Directive23.  The  Commission  intends  to  launch  in  the 
framework of the Return Fund 2009 Community Actions a specific study on the situation of 
minors in the return process. The comparative study should be carried out to analyse practices 
and  highlight  best  practices  relating  to  return  of  minors  in  Member  States.  The  study  shall 

21 

22 

23 

Council  Directive  2004/81/EC  of  29  April  2004  on  the  residence  permit  issued  to  third-country 
nationals who are victims of trafficking in human beings or who have been the subject of an action to 
facilitate illegal immigration, who co-operate with the competent authorities (OJ L 261, 6.8.2004, p. 19) 
available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004L0081:EN:HTML  
Article 13 (3) of Decision No 573/2007/EC of the European Parliament and of the Council of 23 May 
2007  establishing  the  European  Refugee  Fund  for  the  period  2008  to  2013  as  part  of  the  General 
programme  ‘Solidarity  and  Management  of  Migration  Flows’  and  repealing  Council  Decision 
2004/904/EC (OJ L 144, 6.6.2007, p. 1) available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:144:0001:0021:EN:PDF  
Directive  2008/115/EC  of  the  European  Parliament  and  of  the  Council  of  16  December  2008  on 
common  standards  and  procedures  in  Member  States  for  returning  illegally  staying  third-country 
nationals (OJ L 348, 24.12.2008, p. 98), available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:348:0098:0107:EN:PDF  

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focus on, but not be limited to unaccompanied minors. The scope of the study shall cover the 
whole  range  of  legal  obligations  laid  down  in  Directive  2008/115/EC  covering  in  particular 
the  general  treatment  of  minors  during  the  return  procedure,  the  detention  conditions  and 
alternatives  to  detention,  measures  taken  by  Member  States  to  guarantee  a  reception  in  the 
country of return in accordance with Article 10 of the Directive and measures taken to prepare 
a  smooth  and  sustainable  reintegration.  The  study  may  also  deal  with  more  favourable 
national provisions and shall finally provide concrete recommendations.  

6.2 

DAPHNE II  

The  Daphne  Programme  aims  at  combating  violence  against  women,  young  people  and 
children  and  protecting  victims  and  groups  at  risk.  Daphne  started  in  1997  and  is  financing 
targeted actions by NGOs, local public authorities and universities/research institutes to fight 
all  forms  of  violence  against  women,  young  people  and  children  and  support  victims  and 
groups at risk. The current DAPHNE III Programme (2007-2013), adopted in June 2007, has 
a total budget of 116.85 million €. Since its esta blishment in 1997, Daphne has funded more 
than  500  projects,  including  projects  addressing  violence  or  the  risk  of  violence  against 
unaccompanied minor migrants (UAM). Details on funded projects are found on the website 
Daphne Toolkit http://ec.europa.eu/justice_home/daphnetoolkit/.  

The  Daphne  Programme  has  funded  several  projects  focusing  on  the  phenomenon  of  UAM 
travelling into and through Europe. These children, commonly in the 12 to 17 age bracket, are 
exposed to great risk of falling into the hands of exploiters, since the children often have no 
other  way  to  survive  than  by  earning  money  in  the  grey  economy,  or  in  begging  or  street 
hawking.  Older  children  may  end  up  in  prostitution  and  girls  in  particular  are  at  risk  of 
entering  exploitative  domestic  service  or  the  sex  trade.  Research  funded  by  Daphne  has 
showed  that  there  are  generally  two  specific  groups  of  UAM  in  Europe:  those  who  seek 
asylum  and  use  legal  ways  of  entry  in  order  to consolidate their residency status, and those 
who cross borders illegally and who, in fear of being deported, soon go ‘underground’. While 
there are quite extensive networks of help for the first group, including family reunification 
programmes, the second group of children is without protection and support. They are at high 
risk  of  exploitation  and  trafficking.  Results  from  these  Daphne-funded  projects  include  a 
broad-ranging list of priority recommendations to help such children pointing to their right, as 
children, to the same protections as children who migrate legally, and to the specific need to 
get  them  into  school  or  vocational  training.  Research  has  also  found  that  the  children  in 
general have a relatively high need for medical and therapeutic support.  

6.3 

Prevention of and fight against crime 

The  current  Prevention  of  and  Fight  against  Crime  Programme  (2007-2013),  adopted  in 
February  2007,  has  a  total  budget  of  600  million  €  and  is  destined  for  law  enforcement 
agencies,  including  local,  regional  and  national  authorities,  social  partners,  universities, 
statistical  offices,  and  non-governmental  organisations.  It  provides  financial  support  to 
activities  regarding  all  types  of  crime  in  particular  terrorism,  trafficking  in  persons  and 

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offences  against  children,  illicit  drug  trafficking  and  illicit  arms  trafficking,  corruption  and 
fraud24. 

The  Programme  is  currently  financing  seven  projects  aimed  on  combating  the  sexual 
exploitation  of  children  and  protection  of  victims  and  groups  at  risk.  Four  out  of  the  eight 
projects aim at strengthening children's right to criminal procedures and are implemented by 
law  enforcement  authorities  in  Bulgaria,  Italy,  Germany  and  United  Kingdom  with  partners 
from Austria, Romania, Greece, Slovakia, Finland, Croatia and Portugal. 

Activities involve cooperation between child care and criminal justice agencies in case of sex 
offences against children, elaboration of national strategies to improve the situation of child 
victims of crime that are involved in legal procedure and dissemination of knowledge and best 
practices.  

Two  projects  implemented  by  Italian  and  French  non  governmental  organisation  focus  on 
training  of  professionals  in  the  police,  judicial  and  social  services  working  with  children 
victims  of  sexual  exploration.  Another  project  implemented  by  Sweden's  Crime  Prevention 
Board seeks to create a European coalition of stakeholders to combat as a unified taskforce 
internet child exploitation and sexual abuse images in the European Union. The total amount 
awarded to these projects is so far 1.562.123,00 €.  

The programme is also financing five projects to combat trafficking of children, implemented 
by  Poland,  Italy,  United  Kingdom  and  Belgium  involving  partners  from  law  enforcement 
authorities in Spain, Romania, France and the Netherlands. 

Activities involve practical joint investigation teams into organised crime networks criminally 
exploiting  and  trafficking  children,  development  of  new  monitoring  and  reporting  tools  and 
awareness raising actions towards the victims at risk. The amount awarded to these projects is 
so far 1.872.069,00 €.  

6.4 

Thematic  programme  for  cooperation  with  Non-EU  Member  Countries  in  the 
areas of migration and asylum 

As regards the external dimension, the "Thematic  programme for  cooperation with Non-EU 
Member  Countries  in  the  areas  of  migration  and  asylum",  successor  of  the  AENEAS 
programme,  offers  financial  and  technical  assistance  to  third  countries  in  the  field  of 
migration and asylum.  

The  Aeneas  and  the  Thematic  programme  are  currently  financing  eleven  projects  aimed  at 
addressing,  directly  or  indirectly,  the  phenomenon  of  unaccompanied  minors  in  non-EU 
countries.  

Four of these projects are carried out in Morocco. 

24 

Council  Decision  of  12  February  2007  establishing  for  the  period  2007  to  2013,  as  part  of  General 
Programme on Security and Safeguarding Liberties, the Specific Programme ‘Prevention of and Fight 
against Crime’ (2007/125/JHA), available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:058:0007:0012:EN:PDF  

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Two of the projects are implemented by Spanish organisations (the Communidad de Madrid 
and  the  Secretariat  for  Immigration  of  Catalonia),  and  both  aim  at  assisting  Moroccan 
unaccompanied  minors  intercepted  in  the  two  respective  destination  areas  (Madrid  and 
Catalonia) and facilitating, when possible, their return and reintegration back to their country 
of origin, as well as raising public awareness amongst minors on the risks of illegal migration. 
The  project  of  the  Secretariat  for  Immigration  of  Catalonia  has  also  established  a  centre  in 
Tangier,  which  also  tries  to  contribute  to  the  prevention  of  further  departures,  by  offering 
some assistance and training to minors at risk. 

A third project in Morocco has been carried out between 2005 and 2009 by the Italian NGO 
MLAL (Movimento Laici America Latina), with the aim of providing information specifically 
to Moroccan youngsters and students of the Tadla Azilal region, in order to clarify the rules 
related to legal admission and entry in the EU, and to discourage attempts to embark in illegal 
migration towards the EU.  

A  fourth  project  has  just  been  launched  in  Morocco  by  another  Italian  NGO  called  CISS 
(Cooperazione Internazionale Sud Sud). This project, which aims at promoting the prevention 
of departures of unaccompanied minors by raising awareness on the risk of illegal migration 
and  offering  training  among  minors  at  risk  and  authorities  and  persons  (like  teachers  etc.) 
having contacts with them, will also be carried out in Algeria and Tunisia.  

Two other projects are implemented in Albania and both of them specifically target minors at 
risk or who are victims of trafficking.  

One  project,  which  has  being  carried  out  since  2008  by  the  Italian  NGO,CIES  (Centro  di 
Informazione ed Educazione allo Sviluppo), jointly with the Federation of Industrial Workers' 
Unions  of  Greece,  the  Ministries  of  Interiors  of  Italy  and  of  Albania,  and  two  Albanian 
NGOs, aims at contributing to the prevention of trafficking in human beings, with a focus on 
children and women. The project will support prevention of trafficking in human beings with 
a focus on women and children living in two of the most deprived areas of Albania: Elbasan 
and Kinestudio. The project aims at raising awareness on the risks of trafficking, promoting 
the creation of specialised staff who are capable of dealing with persons at risk or who have 
been victims.  

The  other  project,  carried  out  by  the  Italian  Ministry  for  Social  Solidarity  aims  at 
strengthening the mechanisms of transnational cooperation both at central and local levels for 
the superintendence of Albanian minors who migrated alone towards Italy. This project will 
train social service actors in Albania with the aim to prevent further departures of minors and 
to facilitate social reintegration of unaccompanied minors accepting to return voluntarily. The 
project  will  also  facilitate  the  establishment  of  networking  and  the  dissemination  of  best 
practices  and  carry  out  information  campaigns  in  schools.  It  will  focus  on  200  Albanian 
unaccompanied  minors  coming  from  Diber,  Shkoder,  Tirana  and  Elbasan  and  hosted  in  the 
Italian cities of Trento and Florence, and on their families. 

Three projects are implemented in several developing countries:  

The  Belgian  Red  Cross  has  carried  out  from  2006  to  2008  a  project  aimed  at  providing 
information specifically to youngsters and students of the Kinshasa region in the Democratic 
Republic  of  Congo,  in  order  to  help  them  to  understand the risks of death at sea and in the 

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desert,  or  of  being  trafficked  and  exploited,  all  linked  to  irregular  migration,  and  the  true 
dangers and sufferance to which an irregular migrant is normally exposed.  

Recently,  the  Spanish  organisation  FIIAP  (Fundacion  Internacional  y  para  Iberoamerica  de 
Administration y politcas publicas) has started to carry out a project in Senegal, consisting in 
the  establishment  of  a  vocational  training  centre,  which  could  at  the  same  time  offer  an 
alternative to irregular migration to youngsters at risk of embarking in attempts of clandestine 
departure,  as  well  as  a  support  for  the  social  and  professional  reintegration  of  youngsters 
being returned to Senegal after an experience abroad as unaccompanied minors.  

The  French  NGO,  "Groupe  Développement  Association"  carries  out  a  project  aimed  at 
preventing  unsafe  migration  and  trafficking  in  children  and  adolescents  from  India  (West 
Bengal and Andhra Pradesh), Bangladesh and Nepal. 

Through  this  thematic  programme,  the  Commission  also  provides  financial  support  to  two 
projects  dealing  with  minors,  but  whose  specific  target  are  in  fact  minors  that  are  asylum 
seekers and refugees:  

The  Danish  refugee  Council  is  implementing  in  Ukraine  a  project  aimed  at  providing 
assistance  to  minors  that  are  asylum  seekers  and  refugees,  both  through  providing  material 
support for their specific needs (for instance schooling etc.) and through raising the awareness 
and  capacities  of  Ukrainian  authorities  on  the  most  appropriate  modalities  to  address  their 
situation.  

The UNHCR is carrying out since 2007 a project aiming at disseminating in non-EU countries 
(on a worldwide scale), among practitioners of migration and asylum, best practices related to 
the  specific  modalities  and  standards  to  be  followed  for  the  identification,  protection, 
assistance  of  minors  that  are  asylum  seekers  and  refugees.  The  project  includes  a  strand  on 
child protection systems in Sudan, Nepal, Yemen, Ethiopia and Colombia. 

Finally,  the  thematic  programmes  support  also  several  projects  dealing  with  human 
trafficking, some of them with special focus on trafficking of children, for example, this is the 
case  of  a  project  implemented  by  the  NGO  World  Vision  UK  which  aims  at  preventing 
trafficking  in  children,  youth  and  women  in  Myanmar  and  at  supporting  their  return  and 
reintegration in the communities of origin.  

In addition, it must be noted that the issue of unaccompanied minors and human trafficking is 
amongst the priorities of the last call for proposals of the Thematic Programme launched in 
August 2009, and therefore more projects on unaccompanied minors and child trafficking are 
likely to be selected in the near future.  

6.5  Other external financial instruments 

It  should  also  be  noted  that  support  for  projects  aiming  to  address  the  problem  of 
unaccompanied  minors,  in  particular  child  trafficking,  is  provided  also  through  other  EU 
external  financial  instruments,  both  geographical  and  thematic.  The  majority  of  the  EU’s 
development assistance for the promotion and protection of children’s rights is covered under 
various  geographical  instruments.  These  instruments  are  complemented  by  thematic 
instruments,  such  as  the  European  Instrument  for  Democracy  and  Human  Rights  (EIDHR). 
One  of  the  objectives  of  the  EIDHR  is  to  implement  the  EU  Human  Rights  Guidelines, 

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including the EU Guidelines on Children in Armed Conflicts and the EU Guidelines on the 
Rights of the Child.  

This is the case for instance of a project implemented by UNDP/ILO in Zambia financed by 
EDF  funds  which  aims  at  capacity  building  and  raising  the  awareness  of  public  bodies  on 
child  trafficking,  a  project  under  the  former  "Co-financing  with  NGOs"  programme 
implemented by the Italian NGO ALISEI in Gabon aimed at promoting children's rights and 
protecting  them  against  traffic  and  exploitation,  a  project  supported  through  the  thematic 
programme "Investing in People" implemented by the Czech NGO CLOVEK V TISNI aimed 
at preventing child trafficking and rehabilitation of trafficking victims in Ethiopia, or finally a 
project funded through the "European Initiative on Democracy and Human Rights (EIDHR)" 
implemented  by  an  Albanian  NGO  whose  purpose  is  to  prevent  trafficking  of  vulnerable 
youth and women in Kosovo. As regards candidates and potential candidates for enlargement 
of  the  EU,  Instrument  for  Pre-Accession  Assistance  (IPA)  is  a  key  instrument.  It  helps  to 
strengthen  capacity  of  Western  Balkans  region  and  Turkey  to  cope  with  migration  and 
trafficking  in  human  beings.  It  also  builds  capacities  of  law  enforcement  agencies  to 
investigate possible organised crime activities in these areas. It supports their cooperation and 
strengthens their ability to protect the borders. In addition to the law enforcement, IPA also 
targets protection of human rights and fundamental freedoms as well as of vulnerable groups. 

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ANNEX II :  BIBLIOGRAPHY 

A. 

(1) 

(2) 

(3) 

(4) 

B. 

(1) 

(2) 

(3) 

(4) 

(5) 

International Conventions: 

Convention  on  the  Rights  of  the  Child  of  20  November  1989,  available  at 
http://www2.ohchr.org/english/law/crc.htm;  

Optional Protocol to the Convention on the Rights of the Child on the sale of children, 
child  prostitution  and  child  pornography  of  25  May  2000,  available  at 
http://www2.ohchr.org/english/law/crc-sale.htm; 

Optional Protocol to the Convention on the Rights of the Child on the involvement of 
children 
at 
http://www2.ohchr.org/english/law/crc-conflict.htm ; 

25  May 

available 

conflict 

armed 

2000, 

of 

in 

the  Rights  of 

Convention  on 
the  Child,  General  Comment  No.  6  (2005) 
CRC/GC/2005/6 on the "Treatment of Unaccompanied and Separated Children outside 
at 
their 
http://www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/532769d21f
cd8302c1257020002b65d9/$FILE/G0543805.pdf;  

available 

country 

origin", 

of 

EU Legislative instruments:  

Charter  of  Fundamental  Rights  of  the  European  Union,  OJ  C  364  of  18.12.2000, 
available at http://ec.europa.eu/justice_home/unit/charte/index_en.html; 

Council  Directive  2001/55/EC  of  20  July  2001  on  minimum  standards  for  giving 
temporary  protection  in  the  event  of  a  mass  influx  of  displaced  persons  and  on 
measures  promoting  a  balance  of  efforts  between  Member  States  in  receiving  such 
persons and bearing the consequences thereof, OJ L 212/12 of 7.08.2001, available at 
http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0055:EN:NOT;  

Regulation (EC) n. 862/2007 of the European Parliament and of the Council of 11 July 
2007 on Community statistics on migration and international protection and repealing 
Council  Regulation  (EEC)  No  311/76  on  the  compilation  of  statistics  on  foreign 
workers,  OJ 
http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:199:0023:0029:EN:PDF;  

31.7.2007, 

available 

199/23 

of 

at 

L 

Council  Directive  2004/81/EC  of  29  April  2004  on  the  residence  permit  issued  to 
third-country  nationals  who  are  victims  of  trafficking  in  human  beings  or  who  have 
been the subject of an action to facilitate illegal immigration, who co-operate with the 
competent  authorities,  OJ  L  261/19  of  6.08.2004,  available  at  http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004L0081:EN:HTML;  

Directive  2008/115/EC  of  the  European  Parliament  and  of  the  Council  of  16 
December 2008 on common standards and procedures in Member States for returning 
illegally  staying  third-country  nationals,  OJ  L  348/98  of  24.12.2008,  available  at 

EN 

21 

   EN 

 
http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:348:0098:0107:EN:PDF;  

Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for 
the  reception  of  asylum  seekers,  OJ  L  31/18  of  6.2.2003,  available  at  http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:031:0018:0025:EN:PDF; 

Council  Directive  2004/83/EC  of  29  April  2004  on  minimum  standards  for  the 
qualification and status of third country nationals or stateless persons as refugees or as 
persons who otherwise need international protection and the content of the protection 
granted,  OJ 
http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004L0083:EN:HTML; 

30.09.2004, 

available 

304/12 

of 

at 

L 

Council  Directive  2005/85/EC  of  1  December  2005  on  minimum  standards  on 
procedures  in  Member  States  for  granting  and  withdrawing  refugee  status,  OJ  L 
326/13 
http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:326:0013:0034:EN:PDF; 

13.12.2005, 

available 

of 

at 

Council  Directive  2003/86/EC  of  22  September  2003  on  the  right  to  family 
reunification,  OJ  L 
http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:251:0012:0018:EN:PDF; 

3.10.2003, 

available 

251/12 

of 

at 

(6) 

(7) 

(8) 

(9) 

(10)  Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking 
in  human  beings,  OJ  L  203/1  of  01.08.2002,  available  at  http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2002:203:0001:0004:EN:PDF;  

(11)  Council  Framework  Decision  2004/68/JHA  of  22  December  2003  on  combating  the 
sexual  exploitation  of  children  and  child  pornography  (OJ  L  13,  20.1.2004,  p.  44), 
available 
http://eur-
at 
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004F0068:EN:NOT;  

(12)  Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 
2008 concerning the Visa Information System (VIS) and the exchange of data between 
Member  States  on  short-stay  visas  (VIS  Regulation),  available  at  http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:218:0060:0081:EN:PDF;  

C. 

(1) 

(2) 

(3) 

EU Proposals: 

Proposal for a Framework Decision on preventing and combating trafficking in human 
beings,  and  protecting  victims,  repealing  Framework  Decision  2002/629/JHA 
(COM(2009)136), 
http://eur-
available 
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0136:FIN:EN:PDF;  

at 

Proposal for a Framework Decision on combating sexual abuse, sexual exploitation of 
children  and  child  pornography,  repealing  Framework  Decision  2004/68/JHA 
(COM(2009)135), 
http://eur-
available 
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0135:FIN:EN:PDF;  

at 

Proposal for a Directive of the European Parliament and of the Council laying down 
minimum  standards  for  the  reception  of  asylum  seekers  (Recast),  COM(2008)0815 
http://eur-
final, 
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0815:FIN:EN:PDF;  

available 

at: 

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22 

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(4) 

(5) 

(6) 

(7) 

D. 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

Proposal for a Regulation of the European Parliament and of the Council establishing 
the  criteria  and  mechanisms  for  determining  the  Member  State  responsible  for 
examining  an  application  for  international  protection  lodged  in  one  of  the  Member 
States by a third-country national or stateless person, COM(2008) 820 final, available 
at 
http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0820:FIN:EN:PDF;  

Proposal for a Directive of the European Parliament and of the Council on minimum 
standards on procedures in Member States for granting and withdrawing international 
protection 
http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0554:FIN:EN:PDF; 

COM/2009/0554 

available 

(Recast), 

final, 

at: 

Proposal for a Regulation of the European Parliament and of the Council establishing 
a  European  Asylum  Support  Office,  Com(2009)0066  final,  available  at:  http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0066:FIN:EN:PDF; 

Proposal  for  a  Decision  of  the  European  Parliament  and  of  the  Council  amending 
Decision  No  573/2007/EC  establishing  the  European  Refugee  Fund  for  the  period 
2008  to  2013  by  removing  funding  for  certain  Community  actions  and  altering  the 
limit  for  funding  such  actions,  COM(2009)0067  final,  available  at:  http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0067:FIN:EN:PDF; 

Commission Communications and other documents: 

Communication from the Commission to the European Parliament and the Council on 
“An area of freedom, security and justice serving the citizen”, COM(2009) 262 final, 
available 
http://eur-
at 
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0262:FIN:EN:PDF; 

Communication from the Commission "Towards an EU Strategy on the Rights of the 
Child", 
http://eur-
final, 
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2006:0367:FIN:EN:PDF; 

COM(2006) 

available 

367 

at 

Communication from the Commission to the European Parliament and the Council on 
"the  Establishment  of  a  Joint  EU  Resettlement  Programme",  COM(2009)  447  final, 
http://eur-
at 
available 
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0447:FIN:EN:PDF; 

"Guidance note on eligibility of actions (and related costs) under the Return Fund in 
relation  to  the  directive  on  common  standards  for  return  procedures  in  the  Member 
States" - SOLID/2008/21.  

EU Guidelines on the Promotion and Protection of the Rights of the Child, available at 
http://www.consilium.europa.eu/uedocs/cmsUpload/16031.07.pdf  

EU  Guidelines 
http://consilium.europa.eu/uedocs/cmsUpload/10019.en08.pdf  

in  Armed 

Children 

on 

Conflicts, 

available 

at 

Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the 
European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions  “A 
Special place for Children in EU External Action”, COM(2008) 55 final, available at 

EN 

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(8) 

E. 

(1) 

F. 

(1) 

(2) 

G. 

(1) 

(2) 

http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0055:FIN:EN:PDF  

Council Conclusions on the promotion and protection of the rights of the child in the 
European  Union's  external  action  the  development  and  humanitarian  dimensions, 
at 
available 
http://www.eu2008.si/en/News_and_Documents/Council_Conclusions/May/0526_GA
ERC-pravice_otrok.pdf  

European Parliament Resolutions: 

European  Parliament  Resolution  of  25  November  2009  on  the  Communication  from 
the  Commission  to  the  European  Parliament  and  the  Council  –  an  Area  of  Freedom 
Security  and  Justice  Serving  the  Citizen  –  Stockholm  programme  TA  (2009)  0090 
25/11/2009,  available  at  http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-
//EP//TEXT+TA+P7-TA-2009-0090+0+DOC+XML+V0//EN;  

Council Documents: 

Council of the European Union document no. 17024/09 "The Stockholm Programme – 
an  Open  and  Secure  Europe  serving  and  protecting  the  citizens",  available  at 
http://ec.europa.eu/justice_home/news/intro/doc/stockholm_program_en.pdf;  

Council of the European Union document no. 16869/09 "Analysis of the replies to the 
questionnaires on unaccompanied minors arriving to the EU"; 

Studies: 

European  Migration  Network  Synthesis  Report  "Policies  on  Reception,  Return  and 
Integration  for,  and  numbers  of,  Unaccompanied  Minors  –  An  EU  Comparative 
Study"; 

European  Union  Agency  for  Fundamental  Rights'  Report  “Separated  asylum  seeking 
children  in  EU  Member  States:  an  examination  of  living  conditions,  provisions  and 
decision-making  procedures  in  selected  EU  Member  States  through  child  centred 
participatory research”. 

EN 

24 

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