COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL 3rd Annual Report on Immigration and Asylum (2011)_
Date: 2012-05-30
Institutions: European Commission
Subjects: EU visa policy, Greece, Schengen Agreement, border control, external border of the EU, free movement of workers, illegal migration, right of asylum

EUROPEAN COMMISSION 

Brussels, 30.5.2012  
COM(2012) 250 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

3rd Annual Report on Immigration and Asylum (2011)_ 

{SWD(2012) 139 final} 

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I. INTRODUCTION 

This  Report  presents  a  forward-looking  analysis  of  EU  policy  on  immigration  and 
international protection based on developments in 2011, an important year for the EU in many 
respects, with consequent impact also on migration policy. Not only did the economic crisis 
continue to burden the EU's economy and growth, there were also the dramatic events of the 
Arab  Spring  and  increasing  migratory  pressure  on  the  EU's  external  borders,  notably  those 
bordering  the  Mediterranean  and  in  the  South  East,  plus  the  consequences  arising  from  the 
misuse  of  visa  liberalisation.  These  events  served  to  further  emphasise  the  need  for  a 
coherent,  balanced  EU  migration  policy  which  is  both  dynamic,  to  respond  to  short-term 
needs, and strategic, providing a longer-term vision. 

In this context, there were several key initiatives, such as the new strategic framework set out 
in  the  Global  Approach  to  Migration  and  Mobility  (GAMM),  bringing  added  value  to  the 
EU's  and  its  Member  States'  actions  notably  in  relation  to  its  external  migration  policy,  as 
well  as  the  Visa  Information  System  going  live,  the  launch  of  the  EU  Immigration  Portal, 
proposals  to  strengthen  the  governance  of  the  Schengen  area  and  the  presentation  of  the 
EUROSUR proposal. Other notable achievements were the political agreement on extending 
the mandate of Frontex and on the amended Asylum Qualification Directive; the conclusion 
of a mobility partnership with Armenia; inauguration of the European Asylum Support Office 
(EASO); and the establishment of a new European Agency for the operational management of 
large-scale  IT  systems  in  the  area  of  freedom,  security  and  justice.  Along  with  the  co-
legislators,  some  progress  was  made  towards  achieving  the  goal  of  a  Common  European 
Asylum System in 2012. 

Progress in EU acquis was also made with the adoption of Directives on the single permit for 
third-country nationals to reside and work in the EU and on a common set of rights for legally 
residing third-country national workers;1 on extending the scope of long-term resident status 
to  beneficiaries  of  international  protection;2  and  on  preventing  and  combating  trafficking  in 
human beings and protecting its victims.3 Member States also took further steps to transpose 
the Return and the Employer Sanctions Directives.  

Last  year's  Annual  Report4  followed  the  May  2011  Communication  on  Migration,5  which 
gave a perspective on policy development in light of events at that time. Both of these then 
served  to  inform  the  subsequent  Justice  and  Home  Affairs  (JHA)6  and  European  Council7 
conclusions  in  June  2011  which  set  orientations  for  the  development  of  the  EU's  migration 
policy, specifically in regard to the governance of the Schengen area, the control of external 
borders,  the  development of partnerships  with the countries of the Southern Neighbourhood 
and the completion of the Common European Asylum System by 2012.  

1 
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5 
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7 

Directive 2011/98/EU of 13 December 2011 
Directive 2011/51/EU of 11 May 2011 
Directive 2011/36/EU of 5 April 2011 
COM(2011) 291 final and SEC(2011) 620 
COM(2011) 248/3 
Council  conclusions  on  Borders,  Migration  and  Asylum  Stocktaking  and  the  way  forward,  3096th 
JUSTICE and HOME AFFAIRS Council meeting, Luxembourg, 9 and 10 June 2011 
Conclusions of the European Council, Brussels, 23/24 June 2011 

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This year's report first gives an overview portraying the migration picture in the EU from a 
statistical  perspective.  The  EU's  response  to  the  aforementioned  key  events  which  impacted 
on  migration  policy  is  then  addressed,  along  with  the  Commission's  contribution  to  the 
roadmap  addressing  increased  migratory  pressures.  The  report  is  again  based  principally  on 
the  Commission's  and  Member  States'  political  assessments  and  complemented  by  a  factual 
paper  with  statistical  annex8  detailing  developments  that  have  occurred  at  both  EU  and,  via 
the European Migration Network,9 Member State level. 

II. A SNAPSHOT OF EU MIGRATION

10 

It is instructive to first place the EU's migratory situation in the wider global context. In a year 
in which the world's population surpassed seven billion, there are estimated to be some 214 
million  migrants  worldwide  (approximately  3.1%  of  the  total  world  population),11  meaning 
that 9.4% (around 20.2 million) of the world's migrants are third-country nationals residing in 
the EU. By comparison, Canada has around 3.4% of the world's total (7.2 million representing 
21.3% of its national population), whilst the USA has around 20% of the world's total (42.8 
million representing 13.5% of its national population).12 

On  1st  January  2011,  the  EU's  total  population  was  502.5  million,  with  an  increase  of  1.4 
million from 2010 which is equivalent to an annual rate of +2.7 per 1000 inhabitants made up 
of a natural increase of 0.5 million (+1.0‰) and net migration of 0.9 million (+1.7‰). The 
20.2  million  third-country  nationals  in  the  EU  amounts  to  some  4%  of  the  total  EU 
population, which is more than the number of EU citizens (12.3 million or 2.5% of the total 
EU  population)  who  have  moved  to  another  Member  State.13  The  largest  resident  third-
country nationality groups in 2009 were from Turkey (approx. 2.4million), Morocco (approx. 
1.8million)  and  Albania  (approx.  1million).14  Using  the  UN  Human  Development  Index 
(HDI), around 47% of non-EU born migrants are from high HDI, around 46% from medium 
HDI and around 7% from low HDI countries.15 

In terms of first residence permits issued to third-country nationals, this amounted to almost 
2.5  million  in  2010;  the  number  of  permits  issued  for  remunerated  activities  representing 
32.5%  of  the  total,  against  30.2%  for  family  reasons,  20.6%  for  study  and  17%  for  various 
other reasons (protection-related, residence without the right to work, etc). Broken down by 
nationality,  most  residence  permits  were  issued  to  nationals  of  the  USA  (around  212  000), 
India  (around  200  000),  China  (around  172  000),  Ukraine  (around  167  000)  and  Morocco 
(around 157 000). 

The  60th  anniversary  year  of  the  Geneva  Convention  saw  a  significant  increase  of  16.8% 
compared to 2010 in the total number of asylum applicants, amounting to just over 302 000 

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SWD(2012) 139 
EMN, http://www.emn.europa.eu  
More detailed statistics, including a breakdown by Member State, are given in the Statistical annex of 
the accompanying Commission Staff Working Paper (SWD(2012) 139). 
Source: United Nations, Department of Economic and Social Affairs, Population Division International 
Migration 2009 
Figures  from  United  Nations  Department  of  Economic  and  Social  Affairs  Population  Division 
International Migration 2009 
Figures based on Eurostat 2010 data, see News Release 105/2011 
Figures from Eurostat Statistics in Focus 24/2010. 
Migrants in Europe: a statistical portrait of the 1st and 2nd generation, Eurostat, December 2011. Note 
that these percentages relate to 2008. 

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and  further  affecting  the  asylum  systems  of  several  Member  States.  The  most  important 
countries of citizenship of asylum seekers were Afghanistan (28 000), Russian Federation (18 
200), Pakistan (15 700), Iraq (15 200) and Serbia (13 900). In terms of protection granted in 
2011,  a  total  of  59  465  received  protection  at  first  instance  (refugee  (28  995),  subsidiary 
protection (21 400) or humanitarian (9 065)), around 25% of all decisions taken.16 

As  addressed  in  Section  IV,  irregular  migration  continues  to  be  a  major  component  of 
migration  to  the  EU.  By  its  very  nature,  no  reliable  figures  on  the  number  of  irregular 
migrants in the EU exist, with estimates of fewer than 2 million up to 4.5 million most often 
cited.17  More  reliable  indicators  such  as  refusals,  apprehensions  and  returns  may  be  used, 
though they are subject to many caveats. In 2011,18 some 343 000 persons were refused entry 
to the EU, a decrease of 13% from 2010, with the vast majority (nearly 70%) being refused in 
Spain,  notably  at  their  external  land  borders.  Also  in  2011,  some  468  500  persons  were 
apprehended (a decrease from 2010 when it was about 505 000) and Member States returned 
around 190 000 third-country nationals (almost 15% less than in 2010).  

III. CONTRIBUTION OF MIGRATION TO THE EU'S GROWTH AGENDA

19 

At first sight, the EU's current economic challenges might make it difficult to understand the 
necessity for legal migration and mobility channels. But it is necessary to bear in mind that, 
even with an overall EU unemployment rate of around 10%, equating to 23.8 million citizens, 
and  increasing  to  22.1%  for  youths  (under  25),20  many  Member  States  are  already 
experiencing labour and skills shortages21 in different sectors and for varying reasons.22 Most 
Member States are concentrating their efforts on addressing unemployment and increasing the 
employability  of  their  own  resident  population  and  then  using  Union  preference  to  address 
labour  shortages.  Currently,  Member  States  tend  to  focus  their  approach  to  economic 
migration of third-country nationals more on (highly-) skilled workers, although several also 
require low skilled workers, albeit, in most cases, for a temporary period. 

Economic  migration  thus  remains  an  important  component  part  of  efforts  to  address  the 
challenge of labour shortages, notably in the context of the EU's ageing population23 and an 
increasingly competitive international market for talent, with other countries outside Europe 
also  experiencing  skills  shortages.  The  lack  of  recognition  of  expertise  and  formal 
qualifications  of  those  third-country  nationals  already  residing  in  the  EU,  as  well  as  of  the 
portability  of  social  security  rights,  represent  additional  barriers  to  benefit  fully  from  this 
source of labour. 

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Figures based on Eurostat data, see News Release 46/2012 
Figures are from the EU funded CLANDESTINO project for 2008. 
Figures based on Eurostat data and exclude Luxembourg for whom data were not available. 
http://ec.europa.eu/europe2020. See also 'Towards a job rich recovery' (COM(2012) 173 final). 
Eurostat News Release 16/2012 
The  European  Vacancy  Monitor  provides  a  quarterly 
review  of  available  vacancies, 
http://ec.europa.eu/social/main.jsp?catId=955&langId=en.  In  January  2012,  for  example,  it  noted  that 
the  number  of  job-finders  in  the  ‘professionals’  group  has  grown  by  +34%  in  the  second  quarter  of 
2011. Longer-term projections are produced by the European Centre for the Development of Vocational 
Panorama 
Training 
(http://www.cedefop.europa.eu/EN/Files/5191_en.pdf).  
Further  details  in  Satisfying  Labour  Demand  though  Migration,  EMN,  June  2011  and  by  the  IOM's 
Independent Network of Labour Migration and Integration Experts, http://www.labourmigration.eu/.  
2012 is the European Year of Active Ageing and Solidarity between Generations. One of the findings of 
a Eurobarometer survey on Active Ageing found that majority of Europeans (71%) are aware that the 
population is getting older, but this is a concern for only 42 %. 

(Cedefop), 

including 

Skills 

EU 

its 

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In addition to the potential of migrants to contribute to economic growth,24 they also bring to 
our societies a social and cultural contribution.  

Given  all  this,  the  Commission  proposes  to  launch,  before  the  end  of  2012,  a  consultation 
inviting broad debate with Member States, social partners and stakeholders on what the role 
of EU policies should be regarding the opportunities of economic migration. 

In  fact,  the  EU  has  already  undertaken  several  forward-looking  measures  and  future 
developments,  in  the  framework  of  the  Global  Approach  to  Migration  and  Mobility,25  will 
look  into  facilitating  better  the  match  between  employers  and  employees  within  a  global 
labour  market,  with  a  view  also  to  enhance  and  mutually  benefit  from  "brain  circulation" 
rather  than  increasing  "brain  drain."  Mobility  partnerships  form  part  of  this  approach  and, 
following  those  already  in  place  with  the  Republic  of  Moldova  (henceforth  Moldova), 
Georgia and Cape Verde, an agreement with Armenia was concluded in October 2011.26 The 
Commission has also launched negotiations with some Southern Mediterranean countries with 
the aim to conclude Mobility Partnerships or other cooperation frameworks, such as Common 
Agendas for Migration and Mobility (see also Section IV.1).  

In order to better inform migrants of the possibilities and conditions for legal migration, the 
EU  Immigration  Portal27  was  launched.  It  provides  a  first  point  of  entry  for  up-to-date, 
targeted and practical information on EU and national immigration procedures and policies. It 
also  explains  the  rights  and  the  risks  related  to  irregular  migration  in  order  to  dissuade 
migrants from entering the EU via often dangerous routes. 

The  Global  Approach  to  Migration  and  Mobility,  along  with  an  accompanying  paper  on 
Migration  and  Development,28  also  proposed  a  number  of  measures  to  maximise  the 
development impact of migration and mobility. These included promoting the WHO Code of 
practice on the international recruitment of health personnel29 and monitoring application of 
the 'EU Blue Card' Directive, which allows Member States to reject applications in order to 
ensure ethical recruitment, to mitigate brain drain. Another facet was to explore the setting up 
of diaspora investment vehicles that could channel the voluntary contributions of the diaspora, 
supplemented by EU resources to boost the development-oriented initiatives and investments 
in priority countries, such as in the Southern Mediterranean. Further measures aim to develop 
private-public  partnerships  to  engage  migrant  entrepreneurs  and  SMEs  in  trade,  investment 
and  skills  transfers  between  EU  Member  States  and  partner  countries;  to  explore  the 
usefulness  of  an  annual  remittances  forum;  and  consider  the  added  value  of  a  common  EU 
portal on remittances.30 Providing assistance to partner countries to identify and monitor bona 

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27 
28 
29 
30 

See, for example, The Causes and Effects of International Migrations: Evidence from OECD Countries, 
Francesc  Ortega,  Giovanni  Peri,  NBER  Working  Paper  No.  14833  (April  2009)  whose  results  imply 
that immigration increases the total GDP of the receiving country in the short-run one-for-one, without 
affecting average wages and average income per person.  
COM(2011) 743 final 
Commission  Press  Release  IP/11/1257  of  27  October  2011.  Mobility  partnerships  with  Armenia, 
Moldova  and  Georgia  are  part  of  the  EU's  Eastern  Partnership  strategy  (COM(2011)  564  final). 
Negotiations with Ghana are ongoing and it is planned to open discussions with Egypt, Morocco and 
Tunisia. 
http://ec.europa.eu/immigration  
SEC(2011) 1353 final. 
http://www.who.int/hrh/migration/code/practice/en/  
Outflows  of  workers'  remittances  was  €31.2  bn  in  2010,  a  3%  increase  compared  to  2009.  Eurostat 
Statistics in Focus 4/2012 

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fide  recruiters  in  order  to  empower  migrants,  notably  with  a  view  to  facilitating  circular 
migration31  is  a  further  aspect.  Finally,  proposals  were  included  to  broaden  the  traditional 
migration and development agenda to better address issues such as the social consequences of 
migration  on  countries  of  origin  and  the  protection  of  the  rights  of  migrants  in  transit.  The 
Commission stands ready to address these various measures through dialogue and cooperation 
with non-EU countries. Indeed, this is already an integral part of all the political dialogues and 
cooperation  frameworks  the  EU  has  developed  with  third  countries  and  regions,  currently 
amounting  to  seven  regional  processes,  covering  more  than  a  hundred  countries  and  over 
twenty bilateral processes. 

Another significant achievement has been the adoption of the 'Single Permit' Directive,32 with 
transposition  into  national  legislation  required  by  December  2013.  This  serves  to  simplify 
migration procedures and ensure that legally residing third-country nationals enjoy a common 
set  of  rights  on  an  equal  footing  with  nationals.  Elsewhere,  some  Member  States  have 
transposed  the  'EU  Blue  Card'  Directive.33  However,  overall  progress  has  been  limited, 
leading  the  Commission  to  launch  infringement  procedures  for  non-communication  of 
national  measures.  For  students34  and  for  researchers,35  who  also  contribute  to  and  are  an 
investment  for  the  EU's  economy,  a  number  of  shortcomings  have  been  identified.  For 
example,  for  students  there  was  an  identified  need  to  strengthen  mobility  clauses  in  the 
Directive, to stimulate synergies with EU programmes that facilitate third-country nationals' 
mobility into the EU and reinforce procedural guarantees; whilst for researchers there was an 
identified  need  to provide clear  and unambiguous  definitions of researchers'  rights, to  make 
clear distinctions between permits for  researchers and other types of permits and to  provide 
better guidance and information on the possibilities provided by the Directive. Consequently, 
in order to make better use of these instruments and to promote further the attractiveness of 
the  EU,  a  proposal  to  amend  and  merge  these  two  Directives  is  planned  to  be  tabled  in 
December 2012 with the aim also to promote greater mobility of students and researchers. 

There  was  some  progress  in  negotiations  on  the  proposed  Directives  for  seasonal  workers36 
and for intra-corporate transferees.37 The former will provide legal means by which seasonal 
workers may enter and work in the EU, as well as preventing exploitation and protecting their 
health and safety, ensuring also that EU employers have the necessary workforce. The latter 
serves to address an identified need of multinational companies to more easily transfer their 
highly-skilled  staff  to  their  premises  and  related  enterprises  in  the  EU  by  overcoming  the 
plethora  of  different  rules  and  red  tape  in  the  Member  States.  It  thus  has  the  potential  to 
enhance growth, to reinforce EU competitiveness, improve the ability to deliver on the goals 
of the EU 2020 Strategy and ensure equal access and opportunity to all relevant stakeholders. 
Whilst there are a number of issues still to be resolved during the negotiations, Member States 

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36 

37 

The EMN study on EMN Study on Temporary and Circular Migration looked at empirical evidence, 
current policy practice and future options for these types of migration. 
Directive 2011/98/EU of 13 December 2011 on a single application procedure for a single permit for 
third country nationals to reside and work in the territory of a Member State and on a common set of 
rights for legally residing third-country workers. 
2009/50/EC of 25 May 2009. See also Commission Press Release IP/11/1247 of 27.10.2011.  
2004/114/EC of 13 December 2004 and including also pupils, unremunerated trainees and volunteers. 
See also report on implementation of this directive, COM(2011) 587. 
2005/71/EC of 12 October 2005. See also report on implementation of this directive, COM(2011) 901. 
Proposal  for  a  Directive  on  the  conditions  of  entry  and  residence  of  third-country  nationals  for  the 
purposes of seasonal employment (COM(2010) 379) 
Proposal  for  a  Directive  on  conditions  of  entry  and  residence  of  third-country  nationals  in  the 
framework of an intra-corporate transfer (COM(2010) 378) 

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are urged to reach political agreement as soon as possible so that these EU instruments may 
also become part of the tools needed to tackle the current economic crisis and the challenges 
ahead.  

Also,  the  report  on  the  Long-Term  Residents'  Directive38  concluded  that,  for  a  variety  of 
identified reasons, the potential of this EU instrument is far from being fully exploited. The 
Commission  will  step  up  its  efforts  to  ensure  that  the  Directive  is  correctly  transposed, 
primarily  through  technical  meetings  with  Member  States  and,  if  necessary,  also  via 
infringement proceedings.  

The  corollary  of  legal  migration  is  the  need  to  have  effective  integration  policies.  Whilst 
developing  and  implementing  integration  policies  falls  within  the  competence  and 
responsibility of the Member States, the Commission continues to play a supportive role, as 
most recently recognised by the JHA Council.39 However, while there are many examples of 
ambitious integration policies,40 not all measures have met their objectives. Much still needs 
to  be  done  to  fully  benefit  from  the  potential  offered  by  the  20.2  million  third-country 
nationals  in  the  EU.  With  reference  also  to  the  Europe  2020  headline  targets,41  in  2010  the 
average  employment  rate  of  third-country  nationals  aged  20-64  was  58.5%,  compared  to 
68.6% of the total population aged 20-64. Some 19.4% of third-country nationals in the same 
age  group  were  unemployed,  compared  to  9.3%  of  the  total  population  and  46.4%  of  third-
country nationals were overqualified for their jobs, compared to 21.2% of the total population. 
For  those  third-country  nationals  who  become  unemployed,  there  is  the  additional  risk  that 
they might then lose their legal residence status too. In 2010, 32.4% of third-country nationals 
aged 20-64 were at risk of poverty, compared to 15.0% of the total population in the same age 
group. Also in 2010, the rate of early school leaving among third-country nationals aged 18-
24 was 33.0%, compared to 14.1% of the total population in the same age group.42 

The European Agenda for the Integration of Third-Country Nationals43 sets out the next steps 
in  order  for  migrants,  and  thus  the  EU,  to  make  full  use  of  their  capacities  and  skills, 
underpinned  by  the  respect  for  and  promotion  of  fundamental  rights.  Measures  proposed  in 
order  to  fully  benefit  from  the  potential  of  migration  include  stronger  economic,  social, 
cultural and political participation of legally resident third-country nationals in their receiving 
societies,  as  well  as  knowledge  of  their  rights  and  obligations  and  a  positive  approach  to 

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42 

43 

COM(2011) 585 final 
3135th JUSTICE and HOME AFFAIRS Council meeting, Brussels, 13 and 14 December 2011 
The  Migrant  Integration  Policy  Index  (MIPEX),  which  serves  to  assess,  compare  and  improve 
integration  policy,  is  a  useful  reference.  Work  has  also  begun  to  develop  and  evaluate  common 
European  "Indicators"  to  comparatively  monitor  results  of  integration  policies.  A  pilot  study  on 
Indicators of Immigrant Integration was published by Eurostat in June 2011 and a dedicated webpage 
see 
created, 
http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_social_policy_equality/migrant_integrat
ion/indicators.  
Specifically,  raise  to  75%  the  employment  rate for women  and  men  aged  20-64, […..]  and  the better 
integration of legal migrants; and improving education levels, in particular by aiming to reduce school 
drop-out rates to less than 10% and by increasing the share of 30-34 years old having completed tertiary 
or equivalent education to at least 40%. [European Council, 17th June 2010] 
These  data  come  from  Eurostat's  Labour  Force  Survey  and  their  EU  Statistics  on  Income  and  Living 
Conditions.  
COM(2011) 455 final and subsequent 3135th JHA Council conclusions of 13 and 14 December 2011. A 
Eurobarometer 
Integration 
(http://ec.europa.eu/public_opinion/archives/quali/ql_5969_migrant_en.pdf) was also published. 

Migrant 

on 

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diversity.  The  Commission  is  also  strengthening  cooperation  with  local  and  regional 
authorities and developing a role for countries of origin.  

Another  related  component  concerns  family  reunification  with  certain  Member  States 
explicitly  stating  their  desire  to  limit  this  form  of  legal  migration.  Within  such  a  context,  a 
public debate44 on family reunification was launched in November 2011 on how this type of 
migration  might  be  developed  further  without  losing  sight  of  the  objective  in  Directive 
2003/86/EC,  including  preserving  the  fundamental  right  to  family  life.  On  the  basis  of  the 
feedback received, the Commission shall then decide on the next steps.  

IV. EU'S POLICY RESPONSE TO MIGRATORY PRESSURES 

Whilst only 4% (or 27 465 out of 706 000)45 of those fleeing the civil strife in Libya travelled 
North to the EU, the resulting impact, combined with the increase in irregular migration flows 
from Tunisia46 and at the Turkey-Greece border47 along with a significant increase of asylum 
applicants arriving at the EU's southern external borders,48 served to demonstrate that the EU 
is  still  under  increased  migratory  pressure49  with  no  expectation  of  this  declining  in  the 
future.50 Indeed, the consequences of the Arab Spring,51 principally in Italy but also in Malta, 
plus the migration flows at the Greece-Turkey border during 2011, led to serious reflections 
on  how  the  EU  should  best  respond  to  these  migratory  pressures,  whilst  at  the  same  time 
having efficient entry mechanisms to permit orderly and managed migration. 

Irregular migration to the EU is often a risky endeavour and, for those trafficked or smuggled, 
an  abhorrent  exploitation  of  human  beings.  Even  within  the  EU,  migrants  may  be  in  an 
irregular situation as a result of, for example, overstaying their visa limit or not returning to 
their country of origin upon receiving a negative asylum decision. The EU has always placed 
particular  emphasis  on  identifying  measures  aimed  at  reducing  irregular  migration  and  in 

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47 

48 

49 

50 

51 

The 

COM  (2011)735  final.  Contributions  received  in  response  to  this  Green  Paper  are  available  at 
http://ec.europa.eu/home-affairs/news/consulting_public/consulting_0023_en.htm. 
European 
Migration  Network  also  undertook  a  study  on  abuses  though  marriages  and  convenience  and 
declarations of parenthood to inform this debate. 
Humanitarian Emergency Response to the Libyan Crisis, IOM, December 2011. 
Some  26  354  primarily  Tunisian  nationals  fleeing  from  Tunisia  arrived  in  Lampedusa  (Source: 
Humanitarian Emergency Response to the Libyan Crisis, IOM, December 2011). 
According  to  Frontex,  throughout  2011  there  were  over  55  000  detections  at  the  Greek-Turkish  land 
border in the Evros region, an increase of approximately 17% compared to 2010. 
For example, and according to Eurostat, the number of asylum applications in Italy in 2011 was 34 115, 
a 239% increase from 2010, and for Malta it was 1 890, a 980% increase from 2010. The number of 
applications from Tunisia increased 12-fold to 6 335 in 2011 with the vast majority lodged in Italy.  
According  to  Frontex,  the  majority  of  irregular  border  crossings  are  limited  to  'hotspots'  such  as  the 
Eastern, notably at the Greek land border with Turkey, and Central Mediterranean routes (50% and 33% 
of the EU total respectively), plus increasingly the Western Mediterranean route (almost 10% of total). 
The most commonly detected migrants were from Afghanistan. These increased flows have also been 
matched  by  an  increase  in  the  number  of  applications  for  international  protection.  Frontex  Quarterly 
Report, Issue 3, July-September 2011 
For  example,  the  ACP  Observatory  on  Migration's  Human  Mobility  Report  2011  estimates  that  the 
population in sub-Saharan Africa was 802 million, increasing on average by 2.7% per year. The report 
also states that more than two-thirds of the population in Africa are under 25 years of age implying "a 
large  increase  in  the  share  of  working-age  persons  likely  to  seek  greener  pastures  abroad."  See  also 
population projections for Africa in Eurostat Statistics in Focus 19/2012 of 27 March 2012. 
See  MEMO/11/918  of  16  December  2011  for  an  overview  of  the  EU's  overall  response  to  the  Arab 
Spring. 

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2011  several  Council  Conclusions52  addressing  irregular  migration  were  adopted.  The 
Commission Communications of 4 May53 and 24 May 201154 included priorities for reducing 
irregular  migration.  They  also  extensively  examined  the  situation  of  irregular  migration, 
including composition of flows, nature and scale of the impact, as well as measures and best 
practices  undertaken  by  the  EU  and  its  Member  States.  Whilst  it  is  clear  that  the  situation 
across the EU differs, given the geographical and political specificities, there is now a need 
for  more  effective  implementation  of  the  already  existing  processes  and  measures  agreed  at 
EU  level.  The  EU's  response  should  be  tailor-made  to  the  different  challenges,  but  the 
objectives  to  be  achieved  and  the  means  at  the  disposal  of  the  EU  and  the  Member  States 
remain the same. 

This is a common challenge for the EU and its Member States. No Member State is able to 
respond to these challenges on its own, yet each has a responsibility to ensure their effective 
implementation of agreed measures. The added value of action at EU level, and between the 
EU  and  our  partners,  and  in  particular  our  neighbours,  is  therefore  essential.  It  is  also 
important  to  identify  and  jointly  support  a  strategic  and  comprehensive  approach  to 
addressing  irregular  migration,  including  ensuring  that  the  external  borders  of  the  EU  are 
effectively managed with appropriate legal channels for entry.  

Migration  and  mobility  should  therefore  be  placed  in  the  context  of  the  need  to  maintain 
orderly  movements  and  in  full  respect  of  fundamental  rights.  This  implies  dialogue  and 
cooperation  with  non-EU  countries  with  a  view  to  facilitating  legitimate  migration  and 
mobility,  while  at  the  same  time  efficiently  tackling  irregular  migration  and  having  an 
effective  return  policy.  It  also  implies  properly  functioning  external  border  controls  and 
solidarity with those Member States most affected. Without this, it will not be possible for the 
EU to offer more opportunities for legal migration and mobility. It is also an essential element 
to  preserve  freedom  of  movement  and  internal security  inside  of  the  EU.  The  legitimacy  of 
any policy framework relies on this. As the following will demonstrate, existing acquis and 
the  initiatives  tabled  in  2011  would,  if  effectively  implemented,  provide  the  EU  with  the 
necessary tools to address these challenges. 

Under  the  guidance  of  the  Polish  Presidency  of  the  Council  of  the  EU,  the  latest  trends  in 
irregular  migration  were  addressed  on  several  occasions  with  a  view  to  preparing  a  set  of 
proposals  for  possible  common  actions.55  Working  with  the  Commission  and  the  Member 
States, the Danish Presidency then took forward the work and developed a coherent response 
which resulted in the adoption by the JHA Council in April 2012 of the roadmap EU Action 
on  Migratory  Pressures  –  a  Strategic  Response.56  The  Commission's  contribution  to  the 
development of this roadmap is outlined in Section IV.6.  

IV.1. Dialogues on Migration, Mobility and Security57 

As part of the Global Approach to Migration and Mobility, dialogues on migration, mobility 
and  security  leading  to  the  conclusion  of  Mobility  Partnerships  were  launched  on  6  and  13 

52 

53 
54 
55 
56 
57 

On 25/26 February 2010, 3rd June 2010, 11-12 April 2011 and 9-10 June 2011 and most recently on the 
basis of a Note (Council Doc 18302/11) from the Polish Presidency in December 2011. 
COM(2011) 248/3 
COM(2011) 291 final 
Council Doc 18302/11 
Council Doc 8714/1/12 
See also COM(2011) 292/3  

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October 2011 with Tunisia and Morocco respectively, and the necessary preparations to start 
the dialogue with Egypt have been made. Similar dialogues will follow with other countries in 
the  Southern  Mediterranean  region,  notably  with  Libya,  as  soon  as  the  political  situation 
permits.  These  dialogues  allow  the  EU  and  the  partner  countries  to  discuss  in  a 
comprehensive manner all aspects of their possible cooperation in managing migration flows 
and  circulation  of  persons  with  a  view  to  inter  alia  establishing  Mobility  Partnerships.  The 
principle  of  conditionality  is  applied  in  these  dialogues  in  order  to  encourage  effective 
commitment in preventing irregular migration flows, in managing borders and in cooperating 
on the return and readmission of irregular migrants. 

It is also time to re-consider the proposal made by the Commission at the beginning of 2011 – 
as  noted  by  the  conclusions  of  the  JHA  Council of 25  February 2011-  to  launch  a dialogue 
with Turkey. 

Dialogues  of  a  similar  format,  aimed  at  jointly  addressing  mobility  and  related  security 
elements,  have  been  in  place  with  the  Western  Balkan  countries  since  2008.  The  process  is 
based on country-tailored roadmaps with benchmarks including inter alia document security; 
strengthening  capacities  in  migration,  border  management  and  readmission;  and  the  fight 
against transnational organised crime, terrorism and corruption. Following the lifting of visa-
requirements, the Commission has been working intensively with Western Balkans countries 
to  prevent  and  remedy  the  situation  of  misuse  of  the  visa  free  regime.  The  countries 
concerned have adopted a series of targeted measure to address this phenomenon.  

Likewise,  concrete  proposals  were  made  to  enhance  further  the  level  of  political  and 
operational  cooperation  in  the  area  of  Justice  and  Home  Affairs  between  the  EU  and  its 
Eastern  Partners.58  Particular  priorities  were  to  consolidate  the  existing  frameworks  for 
dialogue and cooperation, including by identifying the principles for such cooperation; and to 
analyse  the  progress  made  to  then  propose  orientations  for  further  strengthening  of 
cooperation, including its thematic priorities.59 

IV.2. Support to Greece 

The land border between Greece and Turkey is particularly vulnerable to irregular migratory 
movements  and  particular  attention  has  been  devoted  to  reinforcing  controls  at  this  border, 
with political and material support provided mainly under Frontex coordination. Frontex also 
assisted Greece via the Attica Project, which supported the Hellenic Police in return capacity 
building.  The  Commission  was  actively  engaged  with  the  Greek  authorities  and  regularly 
undertook  missions  to  Greece  to  review  progress  in  the  implementation  of  the  Action  Plan, 
then reporting back to the JHA Council.  

In  view  of  the  need  for  Greece to make  rapid progress in implementing  the Action Plan on 
Asylum  Reform  and  Migration  Management,  adopted  in  September  2010,60  the  External 
Borders  Fund  has  provided  and  will  continue  to  provide  substantial  financial  support61 
towards  improving  border  management,  in  particular,  by  supporting  the  establishment  of 
modern  screening  and  detention  facilities  in  the  Evros  region  at  the  Greece-Turkey  land 

58 
59 
60 

61 

Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine. See COM(2011) 564 final. 
Conclusions were adopted by the JHA Council meeting in December 2011. 
MEMO/10/450 of 27 September 2010. The quarterly reports of the Task Force for Greece places this 
Action Plan in the wider context of other technical assistance to Greece. 
In the period 2007-2011, Greece received €119 million and  a further €44.7 million is foreseen for 2012. 

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border.  High  priority  was  also  given  to  enhancing  Greece's  capacity  to ensure  that  irregular 
migrants are returned to their countries of origin, in accordance with the standards set out in 
the Return Directive (2008/115/EC), again with substantial financial support62 available from 
the Return Fund to support forced return operations and the introduction and implementation 
of  voluntary  return  programmes.  The  Fund  also  financed  measures  reinforcing  Greece's 
operational  capacity  for  return  management  and  the  effective  transposition  of  the  Return 
Directive. The Commission has made, and continues to make suggestions to Greece on how 
to  maximise  the  effectiveness  of  the  support  available,  including  through  working  with 
organisations such as the IOM. 

However,  these  actions  in  themselves  would  not  be  sufficient  without  parallel,  enhanced 
cooperation  with  the  immediate  neighbours,  and  in  particular  Turkey.  In  this  respect,  and 
referring also to Section IV.1, the conclusion of the readmission agreement with the Turkish 
authorities  and  ensuring  their  commitment  to  combat  irregular  migration  remain  a  high 
priority.  

The Commission, Member States, EASO and UNHCR supported Greece also in the reform of 
its asylum system, including financially,63 and a number of positive developments occurred, 
such as the adoption of new asylum laws, the creation of a new independent Asylum Service, 
Initial  Reception Service  and Appeals Authority, a reduction  in the backlog of  applications, 
and EASO developing an Operating Plan to deploy Asylum Support Teams from May 2011. 
However,  significant  concerns  still  remain  over  inter  alia  the  inappropriate  reception 
conditions,  in  particular  in  the  Evros  region.  The  Greek  authorities  are  requested  to  address 
these  concerns  swiftly,  whilst  ensuring  the  respect  of  the  fundamental  rights  of  the  persons 
concerned.  

IV.3. Safeguarding the EU's External Borders 

The added value of Frontex in facilitating operational cooperation between Member States on 
border  security  and  return  was  once  again  demonstrated,  notably  in  respect  to  assisting  the 
Greek authorities, including via a RABIT,64 at its border with Turkey and  in Mediterranean 
Sea  operations.  Its  budget  was  reinforced  by  €30  million  to  enable  the  Agency  to  further 
expand its operational capacity.  

Amongst  the  notable  evolutions,  following  the  agreement  on  amending  its  founding 
Regulation,65 is for the Agency to be able to strengthen its cooperation with third countries, 
including providing technical assistance;66 the deployment of European Border Guard Teams; 
and  the  establishment  of  a  Fundamental  Rights  Officer  plus  a  Consultative  Forum  on 
Fundamental  Rights,  which  should  serve  to  mainstream  fundamental  rights  in  all  of  its 
activities.  Member  States  are  requested  to  continue  to  share  operational  information  and 

62 

63 

64 

65 
66 

In  the  period  2008-2011,  Greece  received  €52.2  million  and  a  furthe r  €37.3  million  is  foreseen  for 
2012.  
In the period 2008-2011, Greece received €35.5 m illion (including emergency support for 2008-2011) 
and a further €4 million is foreseen for 2012.  
Rapid  Border  Intervention  Teams,  as  established  by  Council  Regulation  (EC)  863/2007.  See  also 
Frontex's RABIT Operation 2010 Evaluation Report, August 2011. 
Regulation (EU) No 1168/2011 of 25 October 2011 
This shall be done, for example, via the Immigration Liaison Officers (ILOs) network which, following 
adoption of Regulation (EU) 493/2011 of 5 April 2011, is now integrated into Frontex operations.  

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cooperate  with  each  other  and  Frontex  in  order  to  reduce  the  loss  of  lives  at  sea  and  the 
number of irregular immigrants entering the EU undetected. 

Elsewhere, the adoption of the legal basis for the establishment of a European Agency for the 
operational  management  of  large-scale  IT  systems  in  the  area  of  freedom,  security  and 
justice67  will  ensure,  once  it  becomes  fully  operational  at  the  end  of  2012,  the  continuous, 
uninterrupted  exchange  of  data  between  national  authorities  using  EURODAC,  the  Visa 
Information System (VIS) and the second-generation Schengen Information System (SIS II). 
Apart from managing these systems, the Agency will also be responsible for the development 
and  operational  management  of  these  systems,  as  well  as  for  other  large-scale  IT  systems 
based on Title V of the TFEU.  

Looking to the future, the Commission tabled its proposal to establish the European Border 
Surveillance  System  (EUROSUR),68  aiming  to  reinforce  the  surveillance  of  the  Schengen 
external  border,  especially  the  southern  maritime  and  eastern  land  borders,  from  2013 
onwards.  It  also  launched  its  vision69  on  the  next  generation  of  border  management,  using 
new  technologies  to  simplify  life  for  those  travelling  frequently  to  the  EU  and  to  better 
monitor border crossings. This "Smart Borders" initiative consists principally of an Entry/Exit 
System  (EES)  and  a  Registered  Travellers  Programme  (RTP).  Following  consultations  with 
the  European  Parliament,  the  Council  and  the  European  Data  Protection  Supervisor,  the 
Commission intends to table legislative proposals for an EES and RTP in 2012 on the basis of 
an extensive impact assessment. 

IV.4. A Common EU Visa Policy 

Some 12.7 million Schengen visas were issued in 2011,70 a number likely to increase in the 
coming years. With the launching of the Visa Information System (VIS) on 11th October 2011 
in  North  Africa,  and  to  be  progressively  deployed  worldwide,  applications  are  processed 
much faster and identity theft tackled more effectively. Since its launch and up to the end of 
2011, the system had stored almost 300 000 visa applications, with some 243 000 decisions 
made to issue a visa and 38 000 not to. Most of the applications came from Morocco (around 
74 000), Algeria (around 71 000), Tunisia (around 29 000) and Egypt (around 23 000). More 
than 50% of all applications were processed by France (some 116 000 applications) and Spain 
(some 44 000 applications). About 500 persons were registered with multiple applications, all 
of which were rejected.71  

In  part  also  as  a  result  of  the  sudden  and  substantial  increase  of  unfounded  asylum 
applications  following  the  introduction  in  November  2009  of  visa  liberalisation  with  the 

67 
68 
69 
70 

71 

Regulation (EU) No 1077/2011 of 25 October 2011 
COM(2011) 873 final 
COM(2011) 680 final 
Such visas entitle the holder to stay in the EU for up to three months in any six-month period. In 2011, 
the highest number, around 41% of the total, of Schengen visas were issued in the Russian Federation. 
Corresponding figures in 2012, up to the end of April 2012, are around 453 900 visa applications, with 
about 368 400 decisions made to issue a visa and 63 000 not to. Most of the applications came from 
Algeria (around 122 000), Morocco (around 119 000), Egypt (around 41 000) and Tunisia (around 39 
000).  More  than  50%  of  all  applications  were  processed  by  France  (some  185  000  applications)  and 
Spain (some 78 000 applications). About 3 000 persons were registered with multiple applications, all 
of which were rejected. 

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Balkan  States,  the  amendments  to  Regulation  539/200172  proposed  in  May  2011  included  a 
visa safeguard mechanism that could be used as a last resort measure.  

Substantial  progress  was  made  on  negotiating  visa  facilitation  agreements  with  Cape  Verde 
and on upgrading the existing visa facilitation agreements with Moldova, Russian Federation 
and  Ukraine.73  Negotiations  with  Ukraine  were  finalised  in  December  2011.74  The 
Commission  will  continue  to  make  use  of  visa  facilitation  agreements  in  order  to  promote 
people-to-people contacts, including in the framework of the Eastern Partnership75 and, in the 
future,  in  the  Southern  Mediterranean.  The  dialogue  on  visa  liberalisation  has  started  with 
Kosovo76 and is continuing with Moldova, Russian Federation and Ukraine.  

IV.5. Schengen governance 

Schengen, as an area without internal border controls, is one of the principal pillars of the EU 
and has facilitated travel for over 400 million Europeans in 26 countries. However, the influx 
to other Member States, notably France, of Tunisian nationals granted temporary permits in 
Italy77 and the plan to introduce border measures by Denmark, put Schengen under strain and 
brought  into  focus  the  need  to  enhance  Schengen  governance.  In  order  to  improve  the 
functioning  of  Schengen,  the  Commission  tabled  proposals78  to  enhance  the  evaluation  and 
monitoring  of  the  application  of  the  Schengen  rules,  in  order  to  transform  the  current 
mechanism  into  an  effective  and  preventive  tool.  The  proposals  also  included  a  mechanism 
for the reintroduction of internal border controls as a last resort,79 which should occur only in 
exceptional circumstances, and ensuring that a coordinated EU response is available to protect 
the functioning and the integrity of the Schengen Area as a common good. 

Several  amendments80  to  the  Schengen  Borders  Code  (SBC)  were  proposed  as  well.  The 
Commission believes they improve clarity and narrow the scope for divergent interpretations, 
while  responding  to  practical  problems  that  have  arisen  plus  serve  to  strengthen  further  the 
protection of fundamental rights. Negotiations have advanced in Autumn 2011 and adoption 
can be expected in the course of 2012.  

In  order  to  ensure  a  coherent  implementation  and  interpretation  of  the  rules  governing 
Schengen,  the  Commission  also  developed  guidelines,  in  consultation  with  Member  State 
experts,  on  the  issuing  of  temporary  residence  permits  and  travel  documents  to  non-EU 

72 

73 

74 
75 
76 

77 

78 
79 
80 

COM(2011) 290 final proposing a Regulation to amend Council Regulation (EC) No 539/2001 listing 
the third countries whose nationals must be in possession of visas when crossing the external borders 
and those whose nationals are exempt from that requirement. 
The Action Plan on Visa Liberalisation was presented to Moldova on 24 January 2011 and to Ukraine 
on 22 November 2010. Both contain benchmarks in the area of migration and asylum.  
Ukraine-EU Summit Joint Statement, 19 December 2011 
COM(2011) 564 final 
This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the 
ICJ Opinion on the Kosovo Declaration of Independence. All subsequent mentions of Kosovo are also 
to be understood within the context of this statement. 
It  is  estimated  that  up  to  12  000  permits  had  been  issued  and  subsequently  renewed  by  the  Italian 
authorities.  Whilst  it  is  known  that  many  Tunisian  nationals  then  travelled  to  other  Member  States, 
notably France, the actual numbers are unknown. 
COM (2011)559 final 
COM (2011)560 final 
COM(2011) 118 final 

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citizens and police measures in the internal border zones. These guidelines are expected to be 
presented in 2012. 

In  addition,  and  following  the  endorsement  of  the  JHA  Council  in  December  2011,  the 
Commission plans to present regular reports on the functioning of the Schengen cooperation, 
serving  as  a  basis  for  a  political  discussion  in  the  Council  and  in  the  European  Parliament. 
The first report was published in May 2012.81 

Positive to note was the formal accession of Liechtenstein82 to Schengen; the inclusion of the 
Kaliningrad  oblast  as  an  eligible  area  for  local  border  traffic;83  and  the  progress  made  by 
Bulgaria and Romania towards joining Schengen.84  

IV.6. Next Steps – a verifiable roadmap 

As the previous sections have demonstrated, the EU already has a number of instruments in 
place  to  reduce  irregular  migration,  with  not  only  Frontex  but  also  Europol  and  EASO 
expected to play key roles. There is thus no need to create new structures or mechanisms, but 
rather to concentrate on a more effective implementation of the already existing processes and 
measures agreed at EU level. These should be used to their full potential and Member States 
are urged to work closely with the Commission to ensure that this happens. 

Indeed, following on from the aforementioned extensive discussions in Council during 2011, 
in particular during the Polish Presidency, the way forward is now set out within the coherent 
framework  of  the  roadmap  EU  Action  on  Migratory  Pressures  -  A  Strategic  Response, 
developed under the Danish Presidency, which gives clear goals and measurable priorities. On 
the  basis  also  of  priorities  identified  by  the  Member  States  and  the  recognition  that  only  a 
strategic  and  holistic  response  at  EU  level  would  be  successful  in  addressing  them,  the 
Commission contributed to the development of this roadmap on the basis of the following five 
priorities: 

(1)  concrete  solidarity  between  Member  States,  most  notably  for  those  most  affected,  while 
ensuring that Member States makes all necessary efforts to effectively manage their external 
borders; 

(2) an enhanced role at operational level of EU Agencies (in particular Frontex, EUROPOL 
and EASO); 

(3)  a  stronger  capacity  to  persuade  third  countries  to  act  more  effectively  and  to  cooperate 
with the EU in preventing irregular migration and in readmitting85 irregular migrants in full 
respect of their fundamental rights, to be obtained by offering more substantial incentives and 
rewards  for  their  cooperation,  as  well  as  through  dialogue  and  partnership  to  address  all 
aspects of migration management; 

81 
82 
83 

84 
85 

COM(2012) 230 final 
Council Decision 2011/842/EU of 13 December 2011  
Regulation  (EU)  1342/2011  of  13  December  2011.  Certain  administrative  districts  of  Poland  in  the 
eligible border area are also included. 
3135th JUSTICE and HOME AFFAIRS Council meeting, Brussels, 13 and 14 December 2011 
See COM(2011) 76 final for a review of EU readmission agreements. 

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(4)  mobilisation  of  appropriate  financial  resources,  including  via  the  future  Asylum  and 
Migration Fund;86 and 

(5)  full  transposition  and  use  of  existing  acquis,  notably  the  Return  Directive,87  with 
continued emphasis on voluntary departure, reintegration and monitoring of the fundamental 
rights  safeguards;  and  the  Employer  Sanctions  Directive,88  plus  progress  on  already  tabled 
relevant proposals, notably on seasonal workers and EUROSUR.  

The roadmap adopted by the JHA Council in April 2012 has, to a large extent, incorporated 
the approach proposed by the Commission. 

V. INTERNATIONAL PROTECTION FOR THE 21ST CENTURY 

The EU has a long-standing tradition of providing protection to those who need it and shall 
continue to do so, in accordance also with its international obligations. A key priority, also of 
many  Member  States,  remains  the  achievement  of  a  Common  European  Asylum  System  in 
2012 and some progress towards this goal was made. Following extensive and often difficult 
negotiations with the co-legislators, political agreement was reached on the extension of the 
Long-Term  Residents Directive  to include  beneficiaries of international  protection89 and the 
recast Qualification Directive.90 Progress has also been made with the Asylum Procedures and 
the Reception Conditions Directives following amended proposals in June 2011. Less positive 
were  negotiations  on  the  recast  Dublin  Regulation  and  the  EURODAC  Regulation,  which 
were  stalled  for  most  of  2011.  In  order  to  move  forward,  the  Commission  calls  on  the 
European Parliament and the Council to adopt a constructive approach to negotiations in order 
that  a  fair  and  balanced  compromise,  acceptable  for  all  parties  concerned  and  increasing 
harmonisation,  is  reached.  In  this  respect,  the  Commission  has  expressed  its  will  to  move 
forward with a proposal, including law enforcement access to EURODAC, if real progress in 
the negotiations on the whole package can then be made. 

EASO has been operational since mid-2011 and the office will present an activity report on its 
first year in June 2012. As well as its support to Greece, EASO's main commitment has been 
on recruitment, the setting up of the necessary structures in Malta and taking responsibility for 
practical  cooperation  measures,  such  as  the  European  Asylum  Curriculum.  Formal 
negotiations  on  the  participation  of  associated  countries,  including  Norway,  to  EASO  are 
expected to be concluded during the first half of 2012. EASO should achieve independence by 
mid-2012, making full use of the practical cooperation measures and tools provided for in its 
founding  Regulation.91  Likewise,  Member  States  should  also  support  EASO  by  making 
relevant experts and assets available on a structural basis, and not only in cases of particular 
pressure.  

Solidarity continues to be an essential component of EU asylum policy. The Communication 
on  intra-EU  solidarity  in  asylum92  seeks  to  reinforce  practical,  technical  and  financial 
cooperation among Member States, moving towards a better allocation of responsibilities and 

86 
87 
88 
89 
90 
91 
92 

COM(2011) 751 final 
Directive 2008/115/EC of 16 December 2008 
Directive 2009/52/EC of 18 June 2009 
See Footnote 2. 
Directive 2011/95/EU of 13 December 2011 
Regulation (EU) No 439/2010 of 19 May 2010 
COM(2011) 835 final 

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an  improved  governance  of  the  asylum  system.  All  actors,  in  particular  Member  States,  are 
requested  to  engage  constructively  in  the  follow-up  to  this  Communication.  In  terms  of 
existing  actions,  and  with  the  agreed  launching  of  the  second  phase  of  the  EU  Relocation 
from  Malta  (EUREMA)  project,93  the  Commission  will  undertake  a  thorough  evaluation  of 
the project in order to assess how relocation may then be further developed.  

Third countries also benefit from the EU's solidarity in the area of asylum and a new priority, 
within  the  context  of  the  Global  Approach  to  Migration  and  Mobility,  is  to  increase 
cooperation  with  relevant  third  countries  in  order  to  strengthen  their  asylum  systems  in 
compliance  with  international  standards.  Regional  Protection  Programmes  (RPPs)  are  a  key 
instrument towards this goal.94 Another facet concerns resettlement95 in the EU in cooperation 
with third countries. The Commission thus welcomes the Council's and Parliament's decision 
to  establish  common  EU  resettlement  priorities  for  2013,  paving  the  way  for  new  rules 
concerning  the  financial  support  that  EU  Member  States  receive  through  the  European 
Refugee Fund.96  

Unaccompanied minors, and not only those who applied for asylum, continue to be a priority 
in the context of the Action Plan on Unaccompanied Minors (2010 – 2014).97 In 2011, at least 
11 800 unaccompanied minors applied for asylum,98 more than in 2010 (around 10 700). Less 
is  known  about  the  numbers  of  those  not  in  the  asylum  system.99  As  well  as  integrating 
specific actions for unaccompanied minors into the anti-trafficking Directive (see below); the 
technical Schengen Borders Code proposal;100 and those to be undertaken by EASO, notably 
with  regard  to  age  assessment;  emphasis  is  also  placed  on  continuous  dialogue  and  close 
cooperation with the countries of origin and transit. A mid-term review of the implementation 
of the Action Plan will be presented in 2012.  

The fight  against trafficking in  human beings, along with smuggling,  also remain  priorities. 
Again owing to its nature, data are scarce,101 but indications are that trafficking is increasing 
in scale. With the adoption of the Directive on preventing and combating trafficking in human 
beings and protecting its victims,102 the Commission,  supported  by the EU Anti-Trafficking 
Coordinator,  shall  table  its  Integrated  Strategy  on  Trafficking  in  Human  Beings  in  2012 
focussing on concrete actions to more effectively tackle this phenomenon in order to inter alia 
realise  the  full  potential  of  this  Directive.  Related  to  this,  the  outcomes  of  an  initiative 
launched by the Commission in 2011 to obtain reliable and comparable data on trafficking in 

93 
94 
95 

96 

97 
98 

99  
100 
101 

102 

The second phase aims to resettle over 360 refugees in 2011-2012. 
A new RPP in North Africa (Egypt, Tunisia and when possible Libya) started in December 2011. 
About  3  000  refugees  were  resettled  in  EU  Member  States  in  the  course  of  2011,  10  of  whom  have 
annual resettlement programmes.  
Council Press Release 6838/12 of 8 March 2012 on Common EU resettlement priorities for 2013 and 
new rules on EU funding, 
COM(2010) 213 final 
Figure  excludes  numbers  in  ES  and  PL  which  were  not  available  when  this  report  was  published.  In 
2010, there were 15 unaccompanied minors in ES and 230 in PL. 
Some estimates are given in Table 10 of the accompanying Commission Staff Working Paper. 
COM(2011) 118 final 
Available data on the number of residence permits issued to victims of trafficking are now recorded by 
Eurostat. In 2010, for example, this was 462 in IT, 304 in NL and in 108 in BE. Some numbers are also 
reported  by  Member  States  on  the  Commission's  Anti-Trafficking  website,  http://ec.europa.eu/anti-
trafficking/. Austria and Hungary in particular saw increased smuggling during 2011. According to the 
ICMPD  yearbook  2010,  the  number  of  persons  found  being  smuggled  to  Hungary  was  350  in  2010, 
whilst a total of 6 664 persons were apprehended as being smuggled to Austria.  
Directive 2011/36/EU of 5 April 2011 

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human  beings  at  EU  level  will  be  presented  in  2012.  Following  the  first  implementation 
report  on  the  Action-Oriented  Paper  on  the  EU  external  dimension  on  action  against 
trafficking in human beings,103 and in line with the Council’s subsequent recommendations, 
this issue is and will continue to be systematically included in all relevant EU agreements and 
strategic partnerships with non-EU countries and also in all political dialogues on migration 
and mobility. Capacity-building is a key element of the EU's external action in this field, as 
well  as  compliance  with  international  standards  in  this  area,  in  particular  ratification  and 
implementation of the UN Convention on Transnational Organised Crime and its protocols on 
trafficking in human beings and smuggling of migrants.  

VI.  CONCLUDING  REMARKS  –  A  FRAMEWORK  FOR  ADDRESSING  COMMON  CHALLENGES 

TOGETHER 

Migration  is  and  will  continue  to  be  an  essential  enhancement  for  the  EU,  not  only  in 
economic  terms,  but  also  in  respect  to  the  social  and  cultural  aspects  of  our  societies. 
Understandably, it has also contributed to certain perceptions which need to be aired through 
open  and  balanced  debates,  not  dominated  solely  by  anti-immigration  rhetoric.  Whilst  the 
downsides  of  migration  are  often  widely  reported,  one  should  not  forget  the  positive 
contributions  that  migration  brings  and  will  need  to  bring  in  order  for  the  EU  to  grow  and 
continue to thrive. Effective integration benefits our increasingly diversified societies and this 
can  only  be  achieved  through  further  improvement  of  our  societies'  understanding  and 
attitudes  towards  migrants,  as  well  as  for  migrants  themselves  to  have  the  incentives  to 
become fully involved in the society in which they live.  

A coherent EU migration policy needs to instil confidence in EU citizens that it is effectively 
managed to meet the needs of the EU, in partnership with third countries and in full respect of 
fundamental  rights  and  freedoms.  The  caricature  of  a  so-called  "Fortress  Europe"  is  not  an 
accurate  representation  of  EU  policy.  Rather,  the  EU  has  a  duty  to  ensure  that  Europe's 
borders  are  safe  and  secure  with  appropriate  legal  channels  for  entry.  This  can  only  be 
achieved  through  the  continued  positive  engagement  of  the  EU,  its  institutions  and  its 
Member  States,  as  well  as  of  wider  civil  society,  including  migrant  associations,  plus  the 
business community and trade unions, in order to have a policy which meets the needs of the 
EU and provides a safe haven to those requiring protection. Clearly, the EU cannot work in 
isolation,  and  dialogue  with  the  outside  world  is  an  essential  aspect  to  show  inter  alia  the 
benefits that can result when migrating to the EU. Given this, the Commission considers that 
the EU should further strengthen its external migration policy, for which the Global Approach 
to Migration and Mobility provides the overarching framework. 

Much has already been achieved since the initial development of  a  common  policy in 1999 
and  the  EU  now  has  in  place  a  comprehensive  set  of  tools  able  to  meet  most  needs.  These 
tools must, however, be used more effectively and consistently. The historic events of 2011 
demonstrated the need to have appropriate measures able to react in a dynamic manner and 
served  to  identify  certain  obstacles  in  the  implementation  of  EU  migration  policy.  The 
Commission  played  its  role  in  reacting  to  these  challenges,  and  will  continue  to  do  so, 
including  by  proposing  how  they  might  be  addressed  in  the  future.  As  well  as  the 
developments  already  described,  the  tabling  of  a  proposed  Asylum  and  Migration  Fund 
Regulation104 showed how funding could be used to support and promote EU actions in both 

103 
104 

Council document 12401/11 
COM(2011) 751 final 

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the  short-  and  long-term  with  its  focus  on  people  flows  and  the  integrated  management  of 
migration. 

The Commission looks forward to further debates, notably in the European Parliament and the 
Council  on  the  basis  of  this  report,  and  in  particular  to  taking  forward  the  EU  Action  on 
Migratory Pressures - A Strategic Response.  

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