Communication from the Commission to the European Parliament and the Council - Action Plan on Unaccompanied Minors (2010 – 2014) SEC(2010)534
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 
COM(2010)213 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

Action Plan on Unaccompanied Minors (2010 – 2014) 

SEC(2010)534 

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1. 

INTRODUCTION 

The challenge of unaccompanied minors is growing: a considerable number of third-country 
nationals or stateless persons below the age of 18 arrive on EU territory unaccompanied by a 
responsible adult, or are left unaccompanied after they have entered EU territory1. Although 
some Member States experience this far more than others, all are affected.  

Statistics  on  unaccompanied  minors  are  not  widespread  or  consistent.  They  are  most 
comprehensive  and  comparable  for  those  unaccompanied  minors  who  apply  for  asylum. 
According to the data presented by the European Migration Network2, there were in 2008 a 
total of 11 292 applications for asylum lodged by unaccompanied minors in the 22 Member 
States3 participating in this study. In 2007 a total of 8 030 asylum applications were lodged. 
The applications in 2008, thus represent an increase of +40.6% for these Member States. The 
country  of  nationality  of  the  unaccompanied  minors  varied,  although  overall  nationals  of 
Afghanistan, Iraq and some African states were prominent. 

The  reasons  behind  the  arrival  of  this  particularly  vulnerable  category  of  children  are 
manifold: to escape from wars and conflicts, poverty or natural catastrophes, discrimination or 
persecution; to be sent by their family in the expectation of a better life or in order to access 
education  and  welfare,  including  medical  attention;  to  join  family  members;  as  victims  of 
trafficking destined for exploitation, etc.  

In its June 2009 Communication4 the Commission outlined the further development of the EU 
strategy on the rights of the child5 and announced an action plan on unaccompanied minors. 
The  Stockholm  Programme,  endorsed  by  the  European  Council  on  10-11  December  20096, 
welcomed  the  Commission’s  intention  to  develop  an  Action  Plan,  to  be  adopted  by  the 
Council, combining measures on prevention, protection and assisted return.7 In its Resolution 
on  the  Stockholm  Programme,  the  European  Parliament  insisted  that  an  EU  Action  Plan 
should  address  issues  such  as  protection,  durable  solutions  in  the  best  interests  of  the  child 
and cooperation with third countries8.  

The Stockholm Programme expressly asks the Commission to ‘examine practical measures to 
facilitate  the  return  of  the  high  number  of  unaccompanied  minors  that  do  not  require 
international protection’. But analysis shows that the solution cannot be limited to return — 
that  is  only  one  of  the  options  —  because  the  issue  is  much  more  complex  and 
multidimensional  and  there  are  clear  boundaries  to  the  Member  States’  freedom  of  action 
when dealing with unaccompanied minors.  

The  Commission  places  the  standards  established  by  the  United  Nations  Convention  on  the 
Rights of the Child (UNCRC) at the heart of any action concerning unaccompanied minors. 

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available 

and  National  Reports 

For the purpose of this paper, the definition of an ‘unaccompanied minor’ derives from Article 2(f) of 
Council Directive 2001/55/EC. 
Synthesis 
http://emn.sarenet.es/Downloads/prepareShowFiles.do;?directoryID=115 
Exceptions are Bulgaria, Cyprus, Denmark, Luxembourg, and Romania. 
COM(2009) 262.  
COM(2006) 367. 
17024/09, p. 68. 
See also 'Action Plan Implementing the Stockholm Programme' COM(2010) 171 final. 
P7_TA(2009)0090. 

at  European  Migration  Network  website: 

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The  EU  legislative  and  financial  instruments  on  asylum,  immigration  and  trafficking  in 
human  beings  already  directly  or  indirectly  address  the  specific  situation  of  unaccompanied 
minors  and  provide  for  enforced  protection  of  their  rights.  But  there  is  a  need  for  greater 
coherence  and  more  cooperation  within  the  EU  and  with  countries  of  origin  and  transit,  so 
that  the  EU  and  Member  States  provide  concrete  and  effective  responses.  An  EU  common 
approach is therefore needed.  

This common approach should be based on the respect for the rights of the child as set out in 
the EU Charter of Fundamental Rights and the UNCRC, in particular the principle of ‘the best 
interests of the child’ which must be the primary consideration in all action related to children 
taken  by  public  authorities9.  It  is  fundamental  to  ensure  that  any  child  needing  protection 
receives  it  and  that,  regardless  of  their  immigration  status,  citizenship  or  background,  all 
children  are  treated  as  children  first  and  foremost.10  It  must  also  be  based  on  solidarity  and 
sharing of responsibilities between Member States and with the countries of origin and transit, 
as well as on enhanced cooperation with expert civil society organisations  and international 
organisations.  

Following  consultations  with  Member  States11  and  civil  society  organisations,  and  on  the 
basis of dedicated  research, primarily reports by the European Migration Network12 and the 
Fundamental Rights Agency13, several problems and solutions have been identified. They are 
presented in the Action Plan as firstly insufficient data, and then three main strands for action: 
prevention, regional protection programmes, reception and identification of durable solutions. 
Protection  and  the  principle  of  the  best  interests  of  the  child  have  been  mainstreamed 
throughout all actions. 

2. 

DATA 

The  situation  cannot  be  properly  assessed,  nor  appropriate  solutions  found,  without  a  clear 
evaluation based on comprehensive, reliable and comparable data.  

The  Statistics  Regulation14  creates  an  obligation  for  Member  States  to  transmit  annual 
disaggregated  figures  only  on  unaccompanied  minors  who  are  applicants  for  international 
protection. This limitation creates shortcomings in harmonised and complete statistics on all 
unaccompanied  minors  arriving  on  EU  territory.  Statistics  should  therefore  cover  all 
unaccompanied minors.  

The  Commission  and  agencies15  already  assist  through  studies  on  this  subject.  Existing 
networks such as the European Migration Network should support exchanges of information 
and data between Member States.  

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Article 24 of the EU Charter of Fundamental Rights and Article 3 of the UNCRC. 
Article 24 of the Charter and 3 of the UNCRC. 
Including the replies to a fact-finding questionnaire, Council document 16869/09. 
See EMN report.  
Published on 30 April 2009, available at www.fra.europa.eu  
Regulation (EC) No 862/2007. 
Fundamental Rights Agency, the European Agency for the Management of Operational Cooperation at 
the External Borders of the Member States of the European Union (FRONTEX), the European Asylum 
Support Office. 

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To  develop  effective  cooperation  with  countries  of  origin  and  transit,  more  information  is 
necessary on migration routes and criminal networks. These could be gathered in cooperation 
with international organisations and could be systematically included in the migration profiles 
of  countries  concerned.  Furthermore,  FRONTEX  has  implemented  the  FRONTEX  Risk 
Analysis Network and developed data collection on several indicators on irregular migration. 
As regards criminal activities, Europol is already active in this field.  

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Legislative assessment and implementation 

•  The  Commission  will  propose  that  Member  States  use  the  full  potential  of  current  and 
additional  disaggregations  of  the  Statistics  Regulation  to  gather  comprehensive  data  on 
unaccompanied  minors.  If  this  does  not  reach  its  objectives,  the  required  information 
should be collected directly from the administrations in the Member States. 

Agencies and networks 

•  The EU and its Member States should use existing agencies and networks to improve data 

collection and the exchange of information on unaccompanied minors, by: 

–  Significantly  improving  the  exchange  of  information  between  Member  States  in  the 

framework of European Migration Network and European Asylum Support Office; 

–  Reinforcing the roles of FRONTEX and Europol in data collection and analysis using all 
available  sources,  including  information  collected  by  the  Immigration  Liaison  Officers’ 
networks.  

•  FRONTEX is invited to develop:  

–  Annual assessment based on FRONTEX Risk Analysis Network data collection in order to 
provide Member States with risk analysis on unaccompanied minors crossing the external 
borders of EU Member States;  

–  Indicators on vulnerable groups such as unaccompanied minors in joint operation reports;  

–  Tailored risk analysis on the nature of the threats faced by unaccompanied minors. 

•  European Asylum Support Office is invited to:  

–  Collect data and develop country of origin information and analysis relevant for assessing 
the  protection  needs  of  unaccompanied  minors  with  a  view  to  better  supporting  quality 
decisions; 

–  Monitor  the  issue  of  unaccompanied  minors  who  are  asylum  seekers,  particularly  in  the 

most affected Member States.  

Information raising 

•  The  Commission  will  encourage  Member  States  and  relevant  agencies  and  networks  to 

improve the comprehensiveness of data concerning unaccompanied minors.  

•  The  Commission  will  promote  the  inclusion  of  a  section  on  unaccompanied  minors  in 

migration profiles of the main countries of origin and transit. 

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3. 

PREVENTION  OF  UNSAFE  MIGRATION  AND  TRAFFICKING  —  INCREASING 
PROTECTION CAPACITIES IN THIRD COUNTRIES 

3.1. 

Prevention 

Prevention  of  unsafe  migration  and  trafficking  of  children  is  the  first  step  for  effectively 
tackling  the  issue  of  unaccompanied  minors.  Actions  and  policies  must  be  differentiated 
according to the group the unaccompanied minors belongs to (e.g. asylum seekers, victims of 
trafficking in human beings, minors illegally entering the EU territory for the purpose of work 
or  other)  and/or  the  country  or  region  of  origin.  The  involvement  of  the  countries  of  origin 
and  transit  is  fundamental,  as  well  as  the  cooperation  of  civil  society  organisations  and 
international  organisations  operating  on  the  ground,  and  will  be  without  prejudice  to  the 
unaccompanied minors' right to seek international protection in the EU. 

Four  main  axes  of  intervention  can  be  identified.  First,  the  EU  and  Member  States  need  to 
continue their efforts to integrate migration, and in particular the migration of unaccompanied 
minors, in development cooperation, in key areas such as poverty reduction, education, health, 
labour  policy,  human  rights  and  democratisation  and  post-conflict  reconstruction.  These 
efforts will help to address the root causes of migration and to create an environment allowing 
children to grow up in their countries of origin with good prospects of personal development 
and decent standards of living. 

Two further axes could be directed at the children themselves and at those who are — or are 
likely to be — in contact with them. Targeted awareness-raising activities and training should 
be promoted in countries of origin and transit to improve early identification and protection of 
potential victims of trafficking in human beings. They should be aimed at a wider public as 
well  as  at  potential  victims  and  their  communities,  law  enforcement  officers,  border  guards 
and  other  relevant  actors.  Similar  activities  should  focus  on  informing  children  and  their 
families  about  the  risks  associated  with  irregular  migration  to  the  EU,  about  alternative 
possibilities  of  studying,  training  and  working  in  the  country  of  origin  and  about  the  legal 
paths  to  study  in  the  EU.  Other  actions  could  include  targeted  work  at  local  level,  through 
schools  and  by  interacting  with  communities  of  origin.  Specifically trained  personnel in the 
main areas of emigration and trafficking in human beings could assess risk situations and take 
action at an early stage.  

It is also important to involve diasporas in the EU in these awareness-raising activities in their 
countries  of  origin,  as  well  as  to  use  informal  channels  of  communication  with  the 
communities of origin to dispel false myths about life in Europe. The role of the media in the 
countries of origin should also be considered.  

Finally, the EU will continue promoting the development of child protection systems, which 
link the services needed across all social sectors to prevent and respond to risks of violence, 
abuse, exploitation and neglect of children, to support children who are not in the care of their 
families  and  to  provide  protection  to  children  in  institutions.  The  EU  will  also  continue 
supporting  birth  registration  systems  which,  through  ensuring  that  all  children  have  a  legal 
identity and thus access to their legal rights, play an important role in child protection. 

Activities in these areas can be supported by the EU external cooperation instruments, such as 
the Thematic Programme for Cooperation with Third Countries in the areas of Migration and 
Asylum  (hereinafter  the  Thematic  Programme),  geographical  instruments  such  as  the 
European  Development  Fund,  the  Instrument  for  Pre-Accession  Assistance,  the  European 

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Neighbourhood and Partnership Instrument, the geographic programmes of the Development 
Cooperation Instrument. Coordination with the relevant internal funds should also be ensured. 

Funding 

EU and national external cooperation instruments should: 

•  Be fully used in a well coordinated manner to fund  projects  in third-countries to prevent 
unsafe  migration  and  trafficking  in  human  beings  of  children,  particularly  by  providing 
alternatives in the country/region of origin that aim to benefit children. 

•  Fund in partnership with central and local authorities from countries of origin, civil society 

organisations and international organisations: 

–  Targeted  awareness-raising  programmes  for  children  at  risk,  as  well  as  other  types  of 

preventive actions at local level, in schools, communities and families.  

–  Training  of  specialised  personnel  in  main  areas  of  origin  to  detect  situations  at  risk  and 

intervene with families and communities.  

–  Studies in the main countries of origin to better understand the causes leading children to 

undertake dependent and independent migration.  

•  Support activities aiming to protect children from any form of violence or exploitation, in 

particular development of child protection and birth registration systems. 

Relations with third countries 

The EU and Member States should: 

•  Regularly address child protection issues in human rights and migration dialogues between 

the EU and third countries.  

•  Systematically examine the possibility of introducing, in agreements with third countries, 
specific  provisions  addressing  the  migration  of  unaccompanied  minors  and  enabling 
cooperation on issues such prevention, family tracing, return or reintegration. 

The Fight against trafficking in human beings 

The EU and Member States should: 

•  Reinforce actions regarding child victims of trafficking in human beings by assisting and 
protecting these children at the very earliest stage, by referring them to specific services in 
the  country  where  they  are  found.  Such  assistance  should  at  least  include  the  measures 
provided for by the Directive on victims of trafficking in human beings16. 

•  Reinforce the capacities of third countries to combat trafficking in human beings, as well 
as to protect and assist unaccompanied minors in accordance with the best interests of the 
child and international standards and conventions, regardless of their nationality.  

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Council Directive 2004/81/EC. 

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•  Implement the prevention measures of the Action-oriented paper on trafficking in human 

beings and support regional instruments against trafficking in human beings.  

Visas and information 

•  Member States’ consular services should thoroughly assess visa applications submitted on 

behalf of children. 

•  The  Commission  will  include  specific  reference  to  unaccompanied  minors  in  the 

Immigration Portal, in order to improve information to potential migrants. 

3.2. 

Protection programmes in third countries 

Without prejudice to EU obligations to provide protection to those in need, minors should not 
be  forced  to  embark  on  dangerous  journeys  to  the  EU  to  seek  international  protection.  It  is 
thus important to set up and/or continue to finance protection programmes close to countries 
of origin.  

In line with the EU Guidelines on the Rights of the Child17, the EU will continue to impose on 
beneficiaries  of  EU  funding  high  standards  of  protection  and  assistance  for  unaccompanied 
minors;  projects  shall  at  least  include  education  facilities,  medical  care,  and  information  on 
their rights and on the procedures.  

The EU and Member States should continue to: 

Funding 

•  Fund  activities  aiming  to  provide  protection  and  assistance  to  minor  asylum  seekers  and 
refugees,  including  activities  against  exploitation  and  forced  recruitment,  for  example  by 
criminal groups.  

Relations with third countries 

•  Support  third  countries  in  improving  their  legislative  and  administrative  capacity  to 
identify  minor  asylum  seekers  and  victims  of  trafficking  in  human  beings  and  set  up 
specific assistance programmes. 

•  Include  activities  to  assist  and  protect  children  in  the  framework  of  Regional  Protection 
Programmes, which should be expanded to cover other key regions in terms of migratory 
flows to the EU and protection needs. 

4. 

RECEPTION AND PROCEDURAL GUARANTEES IN THE EU 

Reception  measures  and  access  to  relevant  procedural  guarantees  should  apply  from  the 
moment  an  unaccompanied  minor  is  detected  at  external  borders  or  on  EU  territory,  until  a 
durable solution is found. Specialised civil society organisations should be invited to play a 
more  active  role  throughout  the  entire  process.  Appropriate  measures  need  to  be  taken  to 

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EU  Guidelines  on  Promotion  and  Protection  of  the  Rights  of  the  Child,  Council  of  the  EU,  EU 
Guidelines on Human Rights and International Humanitarian Law, 2009.  

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ensure a smooth transition period for those children who – due to turning 18 and becoming 
adults – may be in the danger of loosing protection and support.  

4.1. 

Procedures at first encounter and standards of protection 

The relevant EU migration instruments already contain provisions on reinforced protection of 
unaccompanied minors. However these provisions are context-specific, in that they apply to 
asylum  applicants,  refugees,  illegally-staying  migrants  and  victims  of  trafficking  in  human 
beings. Moreover, they do not provide the same standards of reception and assistance. Also, 
in  some  Member  States  a  specific  difficulty  arises  in  relation  to  border  cases/transit  zones. 
These potential protection gaps must be addressed. 

In particular, EU legislation does not provide for the appointment of a representative from the 
moment  an  unaccompanied  minor  is  detected  by  the  authorities,  namely  before  the  relevant 
instruments  are  triggered.  Representation  is  only  explicitly  stipulated  for  asylum  applicants. 
Although  important  safeguards  for  unaccompanied  minors  are  provided  by  the  Return 
Directive,  the  Temporary  Protection  Directive,  the  Directive  on  Victims  of  trafficking  in 
human beings18 and relevant international instruments19, a margin for interpretation is left to 
Member States. Moreover, no common understanding exists on the powers, the qualification 
and the role of representatives. Unaccompanied minors should be informed of their rights and 
have access to complaint and monitoring mechanisms in place.  

Wherever  unaccompanied  minors  are  detected,  they  should  be  separated  from  adults,  to 
protect them and  sever  relations with traffickers or smugglers and prevent (re)victimisation. 
From the first encounter, attention to protection is paramount, as is early profiling of the type 
of minor, as it can help to identify the most vulnerable unaccompanied minors. Applying the 
different measures provided for by the legislation and building the trust are indispensable to 
gain  useful  information  for  identification  and  family  tracing,  ensuring  that  unaccompanied 
minors do not disappear from care, identifying and prosecuting traffickers or smugglers. 

Unaccompanied minors should always be placed in appropriate accommodation and treated in 
a  manner  that  is  fully  compatible  with  their  best  interests.  Where  detention  is  exceptionally 
justified, it is to be used only as a measure of last resort, for the shortest appropriate period of 
time and taking into account the best interests of the child as a primary consideration. 

The disappearance of unaccompanied minors who should be in the care of national authorities 
is another major concern. Some (re-)fall prey to traffickers, others try to join members of their 
families or communities in other Member States and/or end up working in the grey economy 
and living in degrading situations.  

Legislative action 

•  The  EU  should  adopt  higher  standards  of  protection  for  unaccompanied  minors  by 
completing  negotiations  on  the  revision  of  the  asylum  acquis20  and  by  adopting  more 

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Directives 2008/115/EC, 2001/55/EC and 2004/81/EC. 
International  standards  on  treatment  of  unaccompanied  minors  deriving  from  the  UNCRC  have  been 
identified by the Committee on the Rights of the Child in the General Comment No 6 (2005) Treatment 
of unaccompanied children outside their country of origin. 
Proposals amending: Council Directive 2003/9/EC laying down minimum standards for the reception of 
asylum  seekers,  COM(2008)815;  Council  Regulation  (EC)  No  343/2003  establishing  the  criteria  and 
mechanisms for determining the Member State responsible for examining an asylum application lodged 

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comprehensive  legislation  on  trafficking  in  human  beings21  and  sexual  exploitation  of 
children22. 

•  The Commission will ensure that EU legislation is correctly implemented and, on the basis 
of  an  impact  assessment,  evaluate  whether  it  is  necessary  to  introduce  targeted 
amendments  or  a  specific  instrument  setting  down  common  standards  on  reception  and 
assistance  for  all  unaccompanied  minors  regarding  guardianship,  legal  representation, 
access  to  accommodation  and  care,  initial  interviews,  education  services  and  appropriate 
healthcare, etc.  

Information analysis and exchange 

•  The  EU  should  assess  different  experiences  to  counter  disappearance  and  promote  best 

practices.  

•  Member States are invited to: 

–  prioritise the use of missing person alerts in the Schengen Information System for cases of 

absconding or disappearance from care;  

–  consider introducing review mechanisms to monitor the quality of guardianship in order to 
ensure that the best interests of the child are represented throughout the decision-making 
process and, in particular, to prevent abuse.  

Agencies 

•  European Asylum Support Office is invited to organise training activities and develop best 
integration  of 

practices  regarding  reception  conditions,  asylum  procedures  and 
unaccompanied minors. 

•  FRONTEX is invited to: 

–  Include in the training programme for border guards a specific training module on how to 
detect  particularly  vulnerable  situations  related  to  unaccompanied  minors,  such  as 
trafficked minors. 

–  Include  a  separate  paragraph  on  vulnerable  groups,  including  unaccompanied  minors,  in 

working arrangements to be concluded with third countries. 

in one of the Member States by a third-country national, COM (2008)820; Council Regulation (EC) No 
2725/2000  concerning  the  establishment  of  ‘Eurodac’  for  the  comparison  of  fingerprints  for  the 
effective  application  of  the  Dublin  Convention,  COM  (2008)  825;  Council  Directive  2005/85/EC  on 
minimum  standards  on  procedures  in  Member  States  for  granting  and  withdrawing  refugee  Status, 
COM(2009)554;  and  Council  Directive  2004/83/EC  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, COM(2009)551.  
Proposal  for  a  Directive  on  preventing  and  combating  trafficking  in  human  beings  and  protecting 
victims, repealing Framework Decision 2002/629/JHA, COM(2010)95 final. 
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, 
COM(2010)94 final. 

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–  Provide  technical  assistance  to  border  authorities  in  third  countries  on  border-related 

measures regarding unaccompanied minors.  

Funding 

The Commission will:  

•  Use  available  funds  effectively,  to  support  European  networks  of  guardians,  to  exchange 

best practices and develop guidelines, common curricula and training, etc.  

•  Fund  Member  States,  where  eligible,  in  establishing  reception  facilities  meeting  the 

specific needs of unaccompanied minors.  

4.2. 

Age assessment and family tracing 

The issue of age assessment is critical, triggering a number of procedural and legal guarantees 
in  relevant  EU  legislation,  as  well  as  the  obligation  to  respect  data  protection  requirements 
when recording information on unaccompanied minors in databases such as EURODAC.  

Age  assessment  procedures  and  techniques  vary  and  concerns  on  their  reliability  and 
proportionality often arise. The possibility of appeal is not always guaranteed23. As underlined 
by experts, the guardian should be present at all stages of the procedure and children should 
be treated as such until the contrary is proven.  

Family-tracing is a key element of the principle of ensuring family unity. It is also linked to 
obligations set out in the relevant EU instruments, i.e. a minor cannot be removed if he/she is 
not  returned  to  a  member  of  his/her  family,  a  nominated  guardian  or  adequate  reception 
facilities in the state of return. However, Member States encounter great difficulties in family 
tracing. 

•  The  Commission  will  issue  best  Practice  Guidelines,  in  collaboration  with  scientific  and 
legal experts and in cooperation with European Asylum Support Office who will prepare 
technical documents on age assessment.  

•  European  Asylum  Support  Office  is  invited  to  organise  training  activities  on  age 
assessment, prepare a module within the European Asylum Curriculum and a best practice 
handbook. 

•  Member States should use the Visa Information System (VIS), once operational, to verify 
the identity of a unaccompanied minor if he/she is registered and under the conditions of 
Article 19 of the VIS Regulation24. 

•  The Commission will: 

–  Support  Member  States  in  mutual  assistance  in  family  tracing  in  countries  where  one 

Member State has established functioning networks for this purpose.  

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See EMN report. 
Regulation (EC) No 767/2008. 

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–  Promote  a  common  approach (i.e. best practice guidelines) to  age  assessment  and  family 

tracing including on how to address these issues in the context of appeals. 

5. 

FINDING DURABLE SOLUTIONS 

Durable  solutions  should  be  based  on  the  individual  assessment  of  the  best  interests  of  the 
child and shall consist of either:  

–  return and reintegration in the country of origin;  

–  granting  of  international  protection  status  or  other  legal  status  allowing  minors  to 

successfully integrate in the Member State of residence; 

–  resettlement. 

•  A decision on the future of each unaccompanied minor should be taken by the competent 
authorities  within  the  shortest  possible  period  (if  possible  maximum  six  months)  taking 
into  account  the  obligation  to  try  to  trace  the  family,  explore  other  possibilities  for 
reintegration in their home society and assess which solution is in the best interests of the 
child.  

5.1. 

Return and reintegration in the country of origin 

It is likely that in many cases the best interest of the child is to be reunited with his/her family 
and  to  grow  up  in  his/her  own  social  and  cultural  environment.  Taking  this  into  account, 
Member  States should be  encouraged to develop innovative partnership  solutions with third 
countries  of  origin  and  transit,  for  example  through  funding  a  range  of  educational  and 
training  activities.  However,  return  is  only  one  of  the  options  and  the  best  interests  of  the 
child must always be a primary consideration. Voluntary departure must be prioritised.. 

The  Return  Directive25  contains  several  binding  legal  safeguards  relating  to  minors  which 
have  to  be  transposed  into  national  legislation  by  December  2010  bringing  significant 
improvements  in  several  Member  States.  However,  certain  gaps  in  the  protection  of 
unaccompanied  minors  exist  in  EU  legislation.  In  particular,  Member  States  have  the 
possibility  to  exclude  from  the  scope  of  the  Directive  third-country  nationals,  who  are 
apprehended in connection with the irregular crossing of their external border. Consequently, 
unaccompanied minors falling under this category may not benefit from the legal safeguards 
of  the  Directive.  Member  States  are  nevertheless  bound  by  the  guarantees  and  fundamental 
rights  contained  in  national  legislation,  the  Charter  of  Fundamental  Rights  of  the  EU,  the 
UNCRC and the Council of Europe instruments. This situation should be further analysed. 

Additionally,  although  guardianship  provided  for  asylum  seekers  and  assistance  required  in 
the return process differ, the need for continuity of assistance in asylum and return procedures 
must be taken into account. EU readmission agreements fully cover minors. However, since 
they  have  to  be  applied  in  accordance  with  the  guarantees  laid  down  elsewhere  in  the  EU 
acquis, they do not contain any particular provision on minor protection.  

25 

Council Directive 2008/115/EC. 

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Assistance  to  minors  should  be  a  continuous  and  stable  process,  which  should  include  the 
return  and  post-return  phase.  In  all  cases,  the  return  must  be  conducted  in  a  safe,  child-
appropriate and gender-sensitive manner. The challenges in this respect are to ensure that the 
minors are returned in full respect of international standards and that they will be accepted in 
their  home  environment.  Work  on  the  ground  is  fundamental  in  convincing  families  and 
communities to welcome the minor’s return, as well as to prevent stigmatisation and further 
victimisation in cases of trafficking in human beings. This could be achieved by offering the 
possibility to follow an educational or training course and by helping the countries of origin to 
offer children and young people prospects in terms of study and work using existing financial 
instruments. Reintegration should also be monitored to ensure that no major problems arise.  

Measures  aimed  at  complying  with  minor-related  provisions  of  the  Return  Directive  are 
eligible26  under  the  European  Return  Fund.  Supporting  third  countries  in  addressing  the 
problems  of  unaccompanied  minors  also  continues  to  be  a  priority  of  the  Thematic 
Programme.  Member  States  and  non-EU  countries  should  make  more  targeted  use  of  these 
resources. 

The Commission will: 

Funding 

•  Prioritise funding of unaccompanied minors-specific activities by the Return Fund and the 

Thematic Programme, including:  

–  projects providing for post-return monitoring and follow-up, especially in the case of child 

victims of trafficking in human beings; 

–  promote  reunification  of  children  with  their  parents  through  family  tracing  activities  in 

Member States and countries of origin; 

–  support to families and communities for reintegration; 

–  support  to  authorities  of  countries  of  origin  in  managing  the  return,  creating  training 
centres,  supporting  families  and  returned  minors,  protecting  victims  of  trafficking  in 
human beings and preventing re-victimisation, etc.; 

–  studies and research; 

–  support for projects and policies creating study and training opportunities in the countries 

of origin, open to all minors. 

Legislative monitoring 

•  Publish  a  study  on  existing  Member  State  practices  and  legislation  on  the  return  of 
unaccompanied minors and situation of unaccompanied minors falling under readmission 
agreements. 

•  Promote child-friendly best practices in Member States. 

26 

See document SOLID 2008-21. 

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5.2. 

International  protection  status,  other 
unaccompanied minors 

legal  status  and 

integration  of 

Unaccompanied  minors  could  be  granted  refugee  or  subsidiary  protection  status  under  the 
conditions set out in EU legislation. Given their particularly vulnerable situation, measures to 
support  their  integration  into  the  host  society  are  essential.  The  European  Refugee  Fund 
(ERF) could finance relevant activities. 

EU  legislation  and  policies  do  not  address  the  situation  of  minors  who  cannot  be  returned, 
leaving the granting of residence permits for compassionate, humanitarian or other reasons to 
national  legislation.  In  cases  where  return  is  not  possible  or  integration  in  the  country  of 
residence  is  considered  in  the  best  interests  of  the  child,  a  legal  status  should  be  granted  to 
unaccompanied minors entitling them to at least the same rights and protection as beforehand, 
and suitable accommodation should be found. The minors should be supported in their path 
toward successful integration in the host society.  

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Funding 

Member  States  are  invited  to  maximise  use  of  existing  funding  possibilities  available  under 
the ERF and the Fund for the Integration of third-country nationals.  

•  The Commission will: 

–  Strengthen  unaccompanied  minors-related  activities  when  defining  the  priorities  for 

Community Action in the annual work programmes adopted for these funds. 

–  Reflect  on  how  to  better  include  the  unaccompanied  minors  dimension  in  the  next 

generation of financial instruments, as of 2014, in the field of migration management. 

–  Finance  projects  for  the  integration  of  unaccompanied  minors  having  legal  status,  with 
particular  attention  to  programmes  aimed  at  supporting  the  recovery  of  victims  of  child-
specific violence or trafficking in human beings. 

Policy development 

•  The  specific  issue  of  unaccompanied  minors  should  be  further  developed  in  EU  and 

national integration policies by exchanging and developing best practices, etc.  

•  The Commission will: 

–  Address the specific challenges posed by unaccompanied minors in the new EU agenda for 

migrants' integration.  

–  Examine  the  specific  situation  of  unaccompanied  minors  in  the  planned  study  on  the 
treatment  of  illegally  staying  third-country  nationals  who  temporarily  cannot  be  returned 
and assess the need for and advisability of establishing a common framework in relation to 
unaccompanied minors who cannot be returned.  

5.3. 

Resettlement 

Resettlement to the EU of unaccompanied minors who are refugees in third countries could 
also be an option after careful examination of the best interests of the child and if there is no 
other durable solution.27 In making these assessments, Member States will continue to work 
closely with UNHCR and relevant civil society organisations.  

•  The  Commission  will  encourage  Member  States  to  continue  to  make  maximum  use  of 

funding possibilities available under the ERF in relation to resettlement activities.  

•  The Commission and  Member  States should ensure  that  the  specific  needs  of  minors  are 
taken into account when implementing the proposed Joint EU Resettlement Programme. 

27 

COM(2009) 447. 

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6. 

CONCLUSION 

This Action Plan aims to provide concrete responses to the challenges posed by the arrival of 
significant  numbers  of  unaccompanied  minors  in  EU  territory,  while  fully  respecting  the 
rights of the child and the principle of the best interest of the child. It should be regarded as 
the starting point in a long-term process and its implementation depends on the support and 
work  of  all  stakeholders:  EU  institutions  and  agencies,  Member  States,  third  countries  and 
civil society. Further action will be proposed in future years and studies, analysis and impact 
assessments may be carried out.  

The  Commission  will  report  on  its  implementation  by  mid-2012  and  by  2015,  and  might 
propose a revision of the Action Plan and/or additional actions. 

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