COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Annual Report on Immigration and Asylum (2010)  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Annual Report on Immigration and Asylum (2010)
Date: 2011-05-24
Institutions: European Commission
Subjects: border control, child protection, illegal migration, immigration, report, right of asylum

EUROPEAN COMMISSION 

Brussels, 24.5.2011 
COM(2011) 291 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

Annual Report on Immigration and Asylum (2010) 

{SEC(2011) 620 final} 

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I. INTRODUCTION 

The development of a forward-looking and comprehensive European migration policy, based 
on solidarity and responsibility, is a fundamental policy objective for the European Union1.  

The Commission presented on 4th May a Communication on Migration.2 The purpose of that 
Communication  was  to  set  recent  and  future  policy  proposals  in  a  framework  that  takes 
account of all relevant aspects and allows the EU and its Member States to manage asylum, 
migration and mobility of third-country nationals in a comprehensive and coherent manner. 

The  present  Annual  Report  is  presented  in  response  to  the  request  made  by  the  European 
Council  when  adopting  the  2008  Pact  on  Immigration  and  Asylum3  and  covers  the 
developments during 2010 in the implementation of the Pact and the relevant priorities of the 
Stockholm Programme adopted in 20094, both at the EU and the national level. The report has 
been  prepared  on  the  basis  of  Member  States'  contributions  and  other  information,  in 
particular  reports  from  the  National  Contact  Points  (NCPs)  of  the  European  Migration 
Network (EMN). 

The report summarises and assesses developments at the EU and the national level5, and puts 
forward recommendations for future action. 

II. ENTERING AND RESIDING IN THE EU 

People come to Europe in different ways and for different purposes The channel by which a 
third country national enters the EU will have a direct effect on the rights he or she enjoys, in 
particular as regards access to the labour market. However, migrants who are legally residing 
in  the  EU,  whatever  their  specific  status,  need  to  be  integrated  in  their  host  society,  a  joint 
responsibility of the migrant and the society he or she has come to. 

1. Legal migration – ensuring a legal way to enter the EU 

1.1 Demographic Challenges and Labour Shortages  

From almost 501 million in 2010 the EU population is projected to rise to 520.7 million in 
2035 then fall to 505.7 million in 2060. Whereas in 2010 there were 3.5 persons of working 
age (20-64) for every person aged 65 or over, in 2060 the ratio is expected to be 1.7 to 1.6 

Migration is the main driver of population change in the EU. In 2009, net migration to the EU 
was 857 000, i.e. 63% of total population growth.  

On 1.1.2003, the number of third-country nationals in the EU-25 was 16.2 milion, i.e. 3.6 % 
of the population. In 2010, a breakdown of the population by citizenship in the EU-27 showed 
that 20.1 million were citizens of a non-EU27 country (4% of the total population). 

1 
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6 

Stockholm Programme, 2 December 2009, Council of the European Union 17024/09. 
COM(2011) 248/3. 
http://register.consilium.europa.eu/pdf/en/08/st13/st13440.en08.pdf. 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:115:0001:0038:EN:PDF. 
A Commission Staff Working Paper provides more detail. 
All data are Eurostat data, unless the contrary is indicated. 

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The largest groups of third-country nationals in the EU are Turks, Moroccans and Albanians. 

In  2009,  more  than  770  000  persons  acquired  the  citizenship  of  an  EU  Member  State, 
representing  a  rise  of  9%  with  respect  to  the  average  number  recorded  in  the  period  2004-
2008. 

Two million first residence permits were issued to third country nationals in the EU in 2009, 
eight  percent  less  than  in  the  previous  year.  The  number  of  permits  issued  for  remunerated 
activities  decreased  by  28%  ,  reflecting  the  effects  of  the  economic  crisis.  Such  permits 
represented  24%  of  the  total  number  of  permits  issued  in  2009,  against  27%  for  family 
reasons,  22%  for  study  and  another  27%  for  various  other  reasons  (protection-related, 
residence without the right to work, etc). 

This  tendency  is  also  reflected  in  the  flow  of  remittances  (extra-EU  flows);  workers' 
remittances in 2009 declined by 4% compared to 20087.  

The above figures show that the EU is facing a structural problem in terms of its demographic 
development.  Despite  an  unemployment  rate  of  almost  ten  percent,  leaving  more  than  23 
million people jobless, skills shortages are widely reported. The Annual Growth Survey 20108 
shows that demand for labour has continued to increase, and that, despite these high levels of 
unemployment, some employers are unable to find the people with the right skills to fill their 
vacancies.  To  sustain  economic  recovery  and  maintain  Europe's  welfare  systems,  the  EU 
urgently needs to address mismatches between skills supply and labour market demand. This 
is emphasised in the Europe 2020 Strategy, in particular in the employment guidelines and the 
flagship  Communication  'An  Agenda  for  New  Skills  and  Jobs'.  The  Europe  2020  strategy 
commits the EU to reaching an employment rate of 75% by 2020, as well as providing for a 
better match between the skills people obtain through education and training and actual labour 
market needs on the other hand.  

The predominant initial policy response of Member States to the skills challenge is to improve 
the  employability  of  their  national  workforce,  through  improving  education  and  training, 
increasing  the  employment  rate  of  women,  older  workers,  nationals  with  a  migration 
background  and  already  legally  residing  third  country  nationals,  as  well  as  through  Union 
preference.  However,  given  both  the  seriousness  of  the  skills  mismatch  in  European  labour 
markets  as  well  as  irreversible  demographic  developments9,  a  well  organised  legal 
immigration and integration policy, in line with the Stockholm programme and supported by 
the  EU  legal  instruments  mentioned  below,  has  a  central  role  to  play  in  ensuring  the  EU's 
long-term competitiveness and ultimately the future of its social model.  

The contribution of immigrants to the EU economies has been substantial. In the period 2000–
2005, third country immigrants to the EU accounted for more than a quarter of the overall rise 
in employment and for 21% of the average GDP growth in the EU-15. This growing migrant 
labour share consisted of both highly qualified jobs in the expanding sectors of the economy 
but  also  of  many  jobs  requiring  a  mix  of  lower  skills.  Therefore,  effectively  managing 
migration and promoting the effective participation and inclusion in employment and in our 

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Eurostat, Statistics in focus, 40/2010. 
Growth Report, MEMO/11/11, p. 3. 
Eurostat,  Statistics  in  Focus,  72/2008  "Ageing  characterises  the  demographic  perspectives  of  the 
European societies". 

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societies of the important numbers of immigrants already living legally in the EU are key to 
achieving the employment objectives set in the Europe 2020 Strategy. 

In this framework, the Commission is currently putting in place a number of instruments to 
review  the  matching  of  skills  and  supply,  such  as  the  comprehensive  EU  Skills 
Panorama available  in  2012,  the  European  Vacancy  Monitor,  the  European  Job  Mobility 
Bulletin, CEDEFOP's forecasts on longer term demand and supply of skills. The Commission 
intends to present by 2012 a Green Paper which will explore these issues.  

It  is  crucial  to  ensure  that,  once  they  are  legally  residing  in  the  EU,  migrants  should  enjoy 
non-discriminatory access to the labour markets according to their skills and experience and 
have the possibility to fully participate in the socio-economic, political and cultural life of the 
societies  to  which  they  have  come.  In  this  context,  measures  to  ensure  the  recognition  of 
acquired  skills  and  competences,  non-discriminatory  access  to  social  and  employment 
services,  as  well  as  a  strong  coordination  between  integration  and  inclusion  policies  are 
essential  for  the  achievement  of  the  Europe  2020  Strategy  objectives.  Currently  there  is  no 
agreed  EU-wide  method  of  assessing  specific  labour/skills  shortages  in  Member  States  and 
whether  workers  from  third  countries  have  the  skills  and  qualifications  needed  to  fill  them. 
Not all Member States have systems in place that allow them (or employers operating on their 
territory)  to  identify  (future)  skills  shortages  and/or  how  they  might  be  filled  by  suitably 
skilled  migrants.  While  the  nature  and  extent  of  (future)  skills  shortages  varies  between 
Member States, the urgent need to address these shortages is commonly shared across the EU.  

With regard to the health sector, for example, as already announced in the "Agenda for New 
Skills and Jobs"10, the Commission intends to put forward by 2012 an action plan in order to 
address the shortage of health professionals in the EU. The joint action on workforce planning 
announced  in  the  same  Communication  will  help  identifying  labour  /  skills  shortages  in  the 
health  sectors  of  Member  States.  The  role  that  inward  migration  of  suitably  skilled  third 
country nationals can play in meeting these shortages needs to be addressed. 

Effective measures in this area will bring benefits for all the parties involved: Member States 
will be less affected by labour shortages, both male and female migrants will be able to realise 
the full potential of their skills and qualifications and the EU will develop an attractive labour 
market  for  migrants.  The  Commission  is  ready  to  fully  support  the  efforts  of  the  Member 
States in this process and will be putting forward various tools to this effect. 

•  The  existing  mismatch  between  labour  market  needs  and  skills  supply  needs  to  be 
addressed  by  the  Member  States,  with the full support of the Commission. Meeting  these 
needs via managed inward migration of suitably skilled third country nationals should be 
central to this effort.  

•  Better  recognition  at  EU  level  of  skills  and  qualifications  from  third  countries  would 
mean that people can fully use their potential in their jobs. More geographically flexible 
labour  markets  would  allow  migrants  to  change  employers,  possibly  located  in  different 
Member States, more easily. Such mobility should preserve their residence rights and lead 
to a better matching of labour market supply and demand.  

10 

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0682:FIN:EN:PDF. 

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•  In  the  framework  of  the  EU  2020  Strategy,  the  role  immigration  could  play  in  meeting 
labour and skills shortages should be taken into account by Member States and the EU.  

1.2 EU Legal Framework 

At  the  European  level,  it  was  only  in  199911  that  Member  States  agreed  to  put  in  place  a 
common  immigration  policy,  making  this  a  relatively  new  policy  area.  Since  the  entry  into 
force  of  the  Lisbon  Treaty,  decisions  on  migration  policy  are  taken  under  the  normal 
legislative procedure.  

The effects of the economic crisis continued to have an impact on the development of legal 
migration  policy  in  2010.  This  manifested  itself  in  the  legislative  process  on  EU  proposals 
which  proved  to  be  difficult,  with  only  slow  progress  being  made  in  discussions  on  new 
proposals. This has been the case since July 2010 when the Commission presented proposals 
on  seasonal  workers12  and  intra-corporate  transferees  (ICT)13.  Moreover,  several  opinions 
were  received  from  national  Parliaments  contesting  the  respect  of  the  subsidiarity  principle. 
Discussions continued on the proposed Directive for a 'single permit' and employment related 
rights  for  migrants,  but  the  European  Parliament  and  the  Council  have  not  yet  found  an 
agreement. 

The EU needs an immigration system with flexible admission rules, while ensuring common 
standards on conditions of entry and residence and adequate safeguarding of migrant rights. 
An agreement on the 'Single Permit' proposal is therefore essential. Without it, the rights of 
legal  migrant  workers  will  not  be  ensured  at  the  EU  level  and  the  current  fragmented 
approach will continue regarding administrative formalities and simplification. The seasonal 
workers  and  ICT  proposals  are  likewise  indispensable  to  further  build  the  EU's  legislative 
framework on legal migration. The ICT Directive will help the EU to develop a knowledge-
based  and  innovative  economy,  attract  investment  by  multi-national  companies,  and  boost 
competitiveness  of  our  economy.  The  seasonal  workers  Directive  will  help  to  fight 
exploitation of a particularly vulnerable group of migrants and to provide a simple and quick 
common framework for seasonal workers to come to work temporarily in the EU.  

The situation is also far from being satisfactory as regards the transposition of the 'EU Blue 
Card' Directive, which is due to be completed by June 2011. So far, only a few Member States 
have  communicated  their  transposition  measures  to  the  Commission.  The  EU  Blue  Card 
scheme puts in place an attractive package of measures such as equal treatment with national 
workers,  favourable  conditions  for  family  reunification  and  intra-EU  mobility  to  attract 
highly-qualified  persons  to  the  EU.  The  Commission  continued  the  evaluation  of  the 
transposition of existing Directives (on long term residents, students and researchers) with the 
objective  of  presenting  reports  later  in  2011.  With  regard  to  family  reunification,  some 
Member States have identified a need to address what they perceive as the abuse of national 
family  reunification  procedures  and  have  initiated  legislative  changes.  Following  its  2008 
report on the family reunification Directive14, the Commission will launch a Green Paper on 
family reunification by the end of the year. 

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Tampere European Council conclusions. 
COM(2010) 379 final. 
COM(2010) 378 final. 
2003/86/EC. 

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With  a  view  to  the  further  development  of  the  legal  framework  for  legal  migration,  the 
Commission  sees  a  need  to  intensify  discussions  with  all  stakeholders,  including  social 
partners, to that end. 

•  Member States must transpose fully and in time by June 2011 the "Blue Card" Directive. 

•  An  agreement  on  the  draft  Single  Permit  Directive  must  be  reached  in  the  near  future. 
Significant progress in discussions on the proposals on Seasonal employment and Intra-
corporate transferees must be achieved in the coming months.  

•  Evaluation of the transposition of the existing directives shall be pursued. This will allow 
the identification of implementation problems and help to improve existing legislation or 
identify a need to consolidate the present acquis.  

2. Asylum – granting international protection and ensuring solidarity 

In 2009 Member States recorded 266 400 asylum applications, the number in 2010 was 257 
815, a slight decrease of 3%. While Poland, Italy, Hungary and Malta received less asylum-
seekers in 2010 than in 2009, significant increases were recorded in Germany, Belgium and 
Sweden.  

In  2010,  the  most  important  countries  of  citizenship  of  asylum-seekers  in  the  EU  were,  in 
order: Afghanistan (20 580), Russia (18 500), Serbia (17 715, excluding Kosovo*15), Iraq (15 
800) and Somalia (14 350).  

In  2010,  55  095  asylum-seekers  received  a  protection  status  in  the  EU  at  first  instance 
(refugee, subsidiary protection or humanitarian). Protection was therefore granted in 25% of 
decisions taken in first-instance procedures. 

In  2009,  7  147  refugees  were  resettled  in  the  EU  from  third  countries.  The  figure  for  2010 
was [until Q3] 3 848. 

Legislative progress was slow and difficult in the field of asylum in 2010. The co-legislators 
agreed on the extension of the scope of the Long-Term Residents Directive to beneficiaries of 
international protection, and made some progress on the Dublin and Eurodac Regulations as 
well as on the Qualification Directive. To give an impulse to the stalled negotiations on the 
Reception  Conditions  and  Asylum  Procedures  Directives,  the  Commission  will  adopt 
modified proposals on these two instruments in June 2011. 

The  adoption  in  2010  of  the  Regulation  for  the  creation  of  the  European  Asylum  Support 
Office (EASO) was  a  significant development. The Commission is working actively so that 
the EASO becomes operational in June this year in view of boosting practical cooperation.  

Solidarity  among  Member  States  is  needed  as  one  of  the  components  of  the  Common 
European  Asylum  System  (CEAS).  A  pilot  project  for  the  relocation  from  Malta  to  ten 
Member States of approx. 250 beneficiaries of international protection is running and will be 

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* Under UNSCR 1244/1999. 

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extended beyond its originally intended duration so as to facilitate the relocation of recently-
arrived migrants in need of international protection.  

Following  the  submission  of  an  Action  Plan  to  the  European  Commission  in  August  2010, 
Greece has embarked on a comprehensive overhaul of its asylum and migration system, and 
has  received  support  from  the  Commission,  the  Member  States,  Norway,  the  UNHCR  and 
other EU partners. Asylum Expert Teams coordinated by the EASO are now deployed there. 
Important  new  legislation  has  already  been  adopted  by  Greece  in  2010,  and  its 
implementation is underway. 

Existing Regional Protection Programmes (RPPs) in Tanzania and Eastern Europe continued; 
the implementation of a new RPP in the Horn of Africa region started in September, in close 
cooperation  with  the  UNHCR;  and  work  advanced  on  the  development  of  another  RPP  in 
North-Eastern Africa (Egypt, Libya and Tunisia).  

Resettlement  is  equally  essential  in  this  context.  Negotiations  on  the  creation  of  a  Joint  EU 
Resettlement Programme must come to an operational and positive end. A strategic approach 
and political steering on the use of resettlement is needed. 

•  Negotiations on all asylum legislative proposals must be finalised by the 2012 deadline.  

•  The recent events in the Mediterranean and the need to restructure the asylum systems of 
some  Member  States  confirm  the  necessity  of  creating  a  common  procedure  and  a 
uniform  status  at  EU  level.  This  implies  better  EU  legislation,  strengthened  practical 
cooperation coordinated by the EASO, a concrete multifaceted commitment to solidarity 
and an increased investment in cooperation with third countries. 

•  Agreement must be reached by the European Parliament and the Council on the EU Joint 

resettlement scheme. 

•  The  EU  relocation  pilot  project  with  Malta,  the  legislative  reforms  which  have  been 
adopted  by  Greece  and  the  ongoing  support  it  has  received  in  the  implementation  of  the 
Action Plan are concrete examples of the combination of responsibility and solidarity that 
are needed to build the CEAS. 

3. Integration – a key element both for migrants and receiving societies 

Integration issues were high on the political agenda across Europe during 2010. On the one 
hand,  European  leaders  increasingly  recognize  the  importance  of  coherence  between 
immigration  and  integration  policies  and  of  the  efforts  to  be  made  by  legally-residing 
migrants  and  receiving  societies  to  ensure  migrants'  economic,  social,  cultural  and  political 
participation.  On  the  other  hand,  the  attitudes  of  some  in  Europe  about  immigration  and 
integration can lead to discrimination and racism, even though anti-migration sentiments are 
often disconnected from the realities about migration and its impact on the economy. 

Despite efforts, migrants still face barriers to their participation in European societies. In order 
to address these challenges, Ministers responsible for integration met in 2010 in Zaragoza and 
confirmed their commitment to 'Integration as a driver for development and social cohesion'.16 

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http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/115346.pdf. 

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The Commission launched a pilot project to identify indicators for monitoring the results of 
integration  policies.  It  also  started  developing  so-called  'European  modules'  to  support 
national  and  local  integration  policies  and  practices.  Two  meetings  of  the  European 
Integration  Forum  were  held  and  the  European  Web  Site  on  Integration  continued  to  be 
developed. The third Handbook on Integration was published. 

At  the  national  level,  most  Member  States  have  developed  national  plans  for  integration 
and/or established advisory bodies to be consulted on integration matters. Some changed their 
legislation  to  introduce  tests  for  third  country  nationals  to  assess  their  integration.  The 
formalisation of the rights and obligations of newly arrived migrants through an "admission 
and integration contract" continued in some Member States. In many Member States special 
attention was paid to the need to learn the language of the receiving society and to tackling 
rising  unemployment  rates  of  migrants,  with  measures  taken  to  enhance  access  to 
employment.  The  trend  to  develop  comprehensive  strategies  and  monitoring  systems  to 
follow up results of these continued in most Member States. 

Further  efforts  are  needed  to  enhance  the  effectiveness  of  integration.  The  EU  needs  to 
recognise  and  support  migrants'  contribution  to  economic  growth,  while  ensuring  social 
cohesion. Only by progressively ensuring effective social and economic integration of legally-
resident third country nationals can the EU achieve a broader acceptance of migration, while 
promoting European core values. Synergy should be encouraged between the targeted policy 
initiatives in the context of migration policy and the range of horizontal policy initiatives so as 
to ensure an adequate and comprehensive policy response. For the Commission, a 'bottom-up' 
approach based on well organised governance at local/regional level is the best way to reach 
this  objective.  The  Commission  will  provide  incentives  and  support  to  these  actions.  A 
Communication  on  a  "European  Agenda  on  the  Integration  of  Third-Country  Nationals",  as 
well  as  its  accompanying  Commission  Staff  Working  Paper,  both  of  which  will  shortly  be 
adopted by the Commission , will set out the Commission's vision on integration. 

•  The EU must progressively ensure an effective social and economic integration of legally-
residing  third  country  nationals  –  both  men  and  women  -  in  order  to  realise  the  full 
potential of migration, growth and cohesion. 

•  The  EU  can  reconcile  migrants'  contribution  to  economic  growth  with  social  cohesion. 
Tangible  results  will  be  possible  only  if  Member  States  incorporate  integration  and 
inclusion issues in all relevant policy areas. A 'bottom-up' approach, based on an effective 
governance system at local/regional level, is the best way to achieve this. 

•  A  proactive  information  and  communication  strategy  should  be  put  in  place  at  EU, 

national and local levels, in order to maximise positive perceptions of migration. 

III. ADDRESSING IRREGULAR MIGRATION TO FACILITATE REGULAR MIGRATION 

In 2009, the number of irregularly staying third country nationals apprehended in the EU-27 
was  about  570  000  (7%  less  than  in  2008).  Member  States  returned  about  253  000  third 
country nationals (4.7% more than in 2008). 

In  2010  63%  (i.e.  about  20  000  detections)  of  illegal  border-crossings  into  the  EU  were 
detected in 3Q2010 at the Greek/Turkey land border.  

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Effective measures aimed at preventing irregular immigration and at securing safe borders are 
an  essential  component  of  a  coherent  and  credible  EU  immigration  policy,  but  this  policy 
must be fair and human rights must be respected.  

1. Instruments for fighting irregular migration 

Two  legal  key  instruments  have  been  adopted  in  recent  years  –  the  Return  Directive 
2008/115/EC and the Employer Sanctions' Directive 2009/52/EC. They are in place now, but 
their  state  of  transposition  is  far  from  satisfactory,  in  particular  with  respect  to  the  Return 
Directive, where the implementation deadline passed on 24 December 2010. That is why its 
full  and  timely  transposition  is  essential.  Those  provisions,  which  directly  confer  rights  on 
migrants, may be, and already are, invoked in proceedings before national courts, and directly 
applied  at  the  national  level,  regardless  of  whether  national  transposition  legislation  is  in 
place.  

Reinforced  border  control  and  cooperation  with  third  countries,  notably  via  readmission 
agreements, have already proved their effectiveness, as demonstrated in some Member States 
which have reported on their deterrent effect and on better-functioning return arrangements. 
However,  there  remains  room  for  improving  the effectiveness  of  readmission  agreements  at 
the  EU  level,  as  set  out  in  the  Commission’s  Communication  on  the  Evaluation  of  EU 
Readmission  Agreements  (COM(2011)76).  It  is  also  clear  that  the  higher  number  of  joint 
return flights coordinated by Frontex in 2010 have been a success, earning the agency further 
support and increased financial means. Moreover, the 29 measures agreed by the Council to 
reinforce  the  protection  of  the  external  borders  and  combating  illegal  immigration  are  now 
being implemented. In its Staff Working Document17 on the fulfilment of these 29 measures, 
the Commission reported in detail on progress achieved with regard to each measure, putting 
a  special  emphasis  on  the  role  played  by  Frontex,  the  development  of  EUROSUR  and  the 
ongoing  dialogue  on  migration  with  main  countries  of  origin  and  transit  as  part  of  the 
implementation  of  the  Global  Approach.  These  measures  need  to  be  accelerated  and  given 
priority. 

The  Directive  on  preventing  and  combating  trafficking  in  human  beings,  and  protecting 
victims, the EU Anti-Trafficking Coordinator appointed by the Commission and a website on 
fight against trafficking in human beings18 launched in 2010 have equipped the EU with new 
powers  and  ways  to  fight  against  this  modern  form  of  slavery.  The  recently  adopted 
implementation  report  on  Directive  2004/81/EC19  on  residence  permits  for  victims  of 
trafficking also called for their more effective protection, which should also help to dismantle 
networks of traffickers. 

•  Member  States  must  fully  transpose  the  Employer  Sanctions  Directive  by  July  2011, 

essential for fighting irregular migration and for the credibility of legal migration. 

•  Member  States  must  step  up  measures  against  trafficking  in  human  beings,  including 
assistance  given  to  victims  under  Directive  2004/81/EC  with  a  view  to  dismantling 
networks of traffickers while strengthening rights of the victims. 

17 
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SEC (2010) 1480 final of 26.11.2010.  
http://ec.europa.eu/anti-trafficking/index.action. 
COM(2010) 493. 

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•  The Return Directive must be fully transposed and implemented by the Member States who 
should continue to make use of the opportunity offered by this Directive to foster voluntary 
departure as the preferred return option. 

•  The  use  of  joint  return  flights  should  be  continued,  by  making  full  use  of  the  European 
Return  Fund  and  FRONTEX  coordination,  and  including  the  presence  of  forced  return 
monitors as required under the Return Diretcive. 

•  Member States should systematically add entry bans in the SIS in order to give full effect 

to the European dimension of entry bans issued under the Return Directive. 

2. Effective border control 

In  2010  the  Commission  proposed  a  Regulation  on  the  establishment  of  an  evaluation 
mechanism  to  verify  the  correct  application  of  the  Schengen  acquis.  In  the  light  of  recent 
experiences,  its  adoption  must  be  a  priority,  so  that  the  EU  is  better  equipped  to  enforce  a 
uniform  application  of  the  rules  and  take  the  appropriate  measures  if  this  would  not  be  the 
case.  Development  of  the  Visa  Information  System  (VIS)  continued  with  the  completion  of 
the second and third major testing phases out of a total of four. Final agreement was reached 
on the technical specifications for the interaction of SIS II with the national systems. Member 
States continued to prepare the ground for establishing EUROSUR in line with the roadmap. 
EUROSUR  will  gradually  establish  a  mechanism  whereby  Member  States'  authorities 
carrying  out  border  surveillance  can  cooperate  and  share  operational  information  with  each 
other and with Frontex, in order to reinforce the control of the external border of the Schengen 
area, especially its southern maritime and eastern land borders, and step up the fight against 
irregular  migration  and  cross  border  crime.  During  the  past  year,  the  EU  has  faced  critical 
situations at its borders, where it was confronted with high inflows of irregular migrants. This 
has been, and continues to represent, a major a test for the EU's ability to react quickly and 
efficiently, while the Member States most directly concerned by migratory movements have 
required  assistance  in  a  spirit  of  solidarity.  The  achievements  of  Frontex  are  now  broadly 
recognised  and  there  is  widespread  agreement  on  the  need  to  upgrade  its  role  in  order  to 
enable it to be more effective.  

The  results  of  concerted  EU  action  to  tackle  border-related  crises  have  been  mixed.  On  the 
one  hand,  the  EU  and  the  Member  States  have  demonstrated  that  they  are  capable  of 
responding decisively to address specific challenges faced by a Member State in effectively 
controlling its external borders. For the first time, following a request made by Greece related 
to  the  pressure  on  its  land  borders  with  Turkey,  use  was  made  of  Frontex's  Rapid  Border 
Intervention  Teams  (RABIT).  The  swift  deployment  of  the  RABIT,  strongly  supported  by 
participating Member States, stabilised the situation and brought down the number of arrivals 
compared  to  the  peaks  in  2010.  Malta  has  recently  requested  deployment  of  the  RABIT  in 
view of the situation in the southern Mediterranean.  

On  the  other  hand,  one  of  the  lessons  learnt  from  these  events  is  that  both  increased 
cooperation and uniform application of the acquis must be better and more effectively ensured 
by all Member States. Coordinated preventive EU action vis à vis countries of origin is still 
slow and weak.  

•  The European Parliament and the Council must agree on the proposed amendment to the 
FRONTEX Regulation as soon as possible, to provide a proper legal basis to strengthen 
the functioning of the agency. 

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•  All  Schengen  border-crossing  points  should  be  properly  equipped,  border  surveillance 
properly  ensured,  and  border  guards  trained  to  use  new  IT  tools,  as  stipulated  in  the 
Schengen Borders Code. 

•  The proposed Schengen evaluation mechanism must be adopted, in order to foster mutual 
trust  between  Member  States  and  EU  institutions  on  the  correct,  uniform  and  coherent 
application of the Schengen Acquis. 

•  The feasibility of setting up a European Border Guard System should be considered. 

•  Local Schengen cooperation must be fully exploited in order to ensure a fully harmonised 

and streamlined visa procedure in particular for the benefit of bona fide travellers. 

•  With  a  view  to  developing  a  fully  reliable  system  of  EU  border  control,  Member  States 
should  continue  to  prepare  the  ground  for  establishing  EUROSUR,  and  explore  the 
desirability of putting in place an entry/exit system and a registered traveller programme.  

•  To  better  coordinate  the  checks  at  the  external  borders  the  Commission  will  present 
proposals  in  2012,  in  order  to  improve  interagency  cooperation  between  FRONTEX, 
EUROPOL, national customs and police authorities. 

IV. UNACCOMPANIED MINORS – A SPECIFIC CHALLENGE 

Unaccompanied minors deserve specific attention. Many of these children are asylum seekers 
and, as such, they are protected by the asylum legislation, but there also those who arrive to 
the territory of the EU irregularly and they are the most vulnerable.  

In  recent  years,  most  Member  States  have  experienced  an  increase  in  the  number  of 
unaccompanied  minors  arriving  on  their  territory,  and  there  has  been  a  growing  realisation 
that EU action is needed. Responding to this need, in 2010 the Commission adopted an Action 
Plan on Unaccompanied Minors (2010 – 2014),20 on the basis of which, in June, the Council 
adopted  conclusions.21  The  Action  Plan  put  forward  a  common  EU  approach  based  on  the 
principle of the best interests of the child and identified several main strands for action such 
as  prevention,  reception  and  identification  of  durable  solutions.  The  Action  Plan  also 
recognised  that  the  successful  protection  of  unaccompanied  minors  necessitates  closer 
cooperation between Member States, EASO, EU institutions and stakeholders.  

The  implementation  of  the  Action  Plan  is  ongoing.  The  2010  Belgian  Presidency  seminar 
'Unaccompanied  Minors:  children  crossing  the  external  borders  of  the  EU  in  search  of 
protection'  resulted  in  the  adoption  of  a  comprehensive  set  of  recommendations  which 
stressed, amongst other aspects, the importance of establishing procedures allowing for quick 
identification of unaccompanied children at the border. According to the reports submitted by 
the Member States in 2010 there have been wide variations in the number of unaccompanied 
minors  arriving  to  their  territory,  ranging  from  a  few  to  up  to  6  000.  Some  Member  States 
carried  out  targeted  information  campaigns  in  the  countries  of  origin  on  the  dangers  of 
irregular migration of unaccompanied minors. Some Member States developed tools to assess 
the age of unaccompanied minors. 

20 
21 

COM(2010) 213. EMN provided an EU study on UAM (http://emn.intrasoft-intl.com/html/index.html). 
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/114900.pdf. 

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•  The  EU  and  the  Member  States  must  continue  to  implement  the  Action  Plan  on 

Unaccompanied Minors 

V. THE EXTERNAL DIMENSION OF EU MIGRATION POLICY – THE GLOBAL APPROACH  

In  2010,  the  existing  tools  of  the  Global  Approach  to  Migration  were  increasingly  applied 
globally to develop the external dimension of the EU's migration policy. Notably, the interest 
in Mobility Partnerships is growing. Several Member States referred to their participation in 
Mobility Partnerships, and to a willingness to further engage in new ones. Cooperation with 
the Republic of Moldova, Cape Verde and Georgia in the framework of Mobility Partnerships 
continued.  Discussions  on  new  Mobility  Partnerships  were  conducted  with  Armenia  and 
Ghana.  The  Commission  also  intends  to  launch  dialogues  in  the  near  future  aimed  at  the 
conclusion of Mobility Partnerships with the countries of the Southern Mediterranean. 

While  continuing  to  pursue  their  bilateral  cooperation,  Member  States  increasingly  acted 
together in joint initiatives at EU level. Following the revision of the Cotonou Agreement, a 
migration  dialogue  with  the  African,  Caribbean  and  Pacific  (ACP)  countries  was  launched. 
The  (ACP)  Observatory  on  Migration  was  inaugurated  in  October  2010.  Within  the  Africa-
EU  Migration  Mobility  and  Employment  (MME)  Partnership,  a  new  Action  Plan  for  2011-
2013 was adopted at the 3rd Africa-EU Summit in Tripoli in November. Work on the future 
orientation of the Prague Process (Building Migration Partnerships) started at the end of 2010. 
The European Union-Latin America Structured Dialogue on Migration was further developed. 
An  EU-U.S.  Platform  for  Cooperation  on  Migration  and  Refugee  Issues  was  launched.  A 
migration dialogue meeting was held with India in October 2010. Regarding the enlargement 
process, it is important to work closely with candidate countries to align their migration and 
asylum policies and practices with the EU standards. 

The importance of a stronger external migration policy is growing. The Lisbon Treaty and the 
setting  up  of  the  European  External  Action  Service  (EEAS)  provide  new  opportunities  and 
necessitate  a  reflection  about  the  role  of  the  Global  Approach  to  Migration  in  the  broader 
context  of  the  EU's  external  relations.  The  external  dimension  of  EU  migration  policy  also 
needs to reflect the process whereby the EU creates the conditions for modernising its labour 
markets  in  line  with  the  Europe  2020  Strategy.  The  Global  Approach  to  Migration  should 
therefore better incorporate the strategic objectives of the Union, both external and internal, as 
regards migration.  

•  The external dimension of the EU migration policy needs to reflect the EU labour market 

priorities and the role of immigration, in line with the Europe 2020 Strategy.  

•  The  Global  Approach  to  Migration  needs  to  become  a  more  long-term,  balanced  and 
sustainable policy framework to address the geographic and thematic priorities of the EU.  

•  Member States, EU institutions and relevant EU agencies will also have to cooperate in a 
more  effective  way  to  anticipate  and    prevent  sudden  mass  migration  flows,  through  a 
solid  mechanism  based  on  the  principle  of  solidarity  as  well  as  in  partnership  with  the 
third countries. 

•  The EU will offer a structured dialogue on migration, mobility and security to its partner 
countries,  and  in  particular  those  in  the  Southern  Mediterranean,  with  a  view  to 
establishing related Mobility Partnerships, which will cover initiatives on legal migration 
and visa facilitation. 

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