REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT Mid-term report on the implementation of the Action Plan on Unaccompanied Minors
Date: 2012-09-28
Institutions: European Commission
Subjects: child protection, children's rights, development aid, illegal migration, right to justice, third country, trafficking in human beings, young person

EUROPEAN COMMISSION 

Brussels, 28.9.2012  
COM(2012) 554 final 

REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN 
PARLIAMENT 

Mid-term report on the implementation of the Action Plan on Unaccompanied Minors 

{SWD(2012) 281 final} 

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   EN 

 
 
 
  
 
I. INTRODUCTION 

In  May  2010  the  Commission  adopted  the  Action  Plan  on  Unaccompanied  Minors  (2010-
2014)1, followed by the adoption of Council conclusions on unaccompanied minors in June 
2010.2  The  Action  Plan  and  the  Council  conclusions  put  forward  a  common  EU-wide 
approach based on the principle of the best interests of the child. They identified main strands 
for  action,  such  as  prevention,  reception  and  identification  of  durable  solutions  to  be 
implemented through a series of practical measures undertaken by the European Union (EU) 
institutions and agencies, EU Member States and stakeholders. 

The  Action  Plan  and  the  Council  conclusions  invited  the  Commission  to  report  on  their 
implementation  by  mid-2012.  This  Mid-term  Report  highlights  the  developments  between 
May 2010 and June 2012 and identifies the areas which require more attention and targeted 
action during the next two years. The report is accompanied by a Staff Working Document3, 
which provides a more detailed description of the actions of the EU institutions and agencies, 
as  well  as  the  national  administrations  of  the  EU  Member  States.  It  also  refers,  where 
appropriate, to activities of other actors. The Report and Staff Working Document are based 
on  research,  consultations  with  Member  States  and  on-going  dialogue  with  civil  society 
organisations.  

II. CURRENT SITUATION 

The developments of the last two years show that the arrival of unaccompanied minors4 is not 
a temporary phenomenon, but a long-term feature of migration into the EU, and that there is 
the need for a common approach by the EU to this group of migrants.  

The  reasons  behind  the  arrival  of  unaccompanied  children  continue  to  be  diverse  and  inter-
related. Some are fleeing armed conflicts, natural catastrophes, discrimination or persecution. 
In  this  context,  world  events  such  as  the  conflict  in  Afghanistan  and  Iraq,  or  the  political 
unrest related to the events of the Arab Spring, may be seen as important factors contributing 
to  such  flows.  Afghanistan  and  Iraq  were  the  main  countries  of  origin  of  unaccompanied 
minors in the EU in 20095, and in most Member States they continued to be important source 
countries alongside the countries in the 'horn of Africa' in 20106. Some children do not leave 
of  their  own  free  will,  but  are  sent  away  by  their  families  in  order  to  avoid  political 
persecution, to have access to the education and welfare denied to them at home, or simply to 
escape  poverty  and  find  employment  in  the  EU7,  while  others  seek  to  join  family  members 
already  in  EU  territory.  Finally,  some  unaccompanied  minors  arrive  as  victims  of  human 
trafficking destined for exploitation. 

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3 
4 
5 

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COM(2010) 213 final. 
Council  Conclusions  on  unaccompanied  minors,  3018th  Justice  and  Home  Affairs  Council  meeting, 
Luxembourg, 3 June 2010. 
Commission Staff Working Document, SWD(2012)281 
The definition of ‘unaccompanied minors’ derives from Article 2(f) of Council Directive 2001/55/EC. 
In 2009, Afghanistan, Somalia and Iraq were the top three source countries for unaccompanied minors 
in the EU. Frontex (2010) 'Unaccompanied Minors in the Migration Process'. 
'Ad-Hoc  query  on  Unaccompanied  Minors  –  updated 
http://www.emn.europa.eu available under 'EMN Ad-Hoc Queries/Protection' (no. 367). 
Particularly in France. Frontex (2010) 'Unaccompanied Minors in the Migration Process'. 

statistics',  EMN, 

facts  and 

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As  noted  in  the  Action  Plan,  statistics  about  this  group  of  migrants  are  limited  and,  despite 
some  improvements  in  data  collection,  this  continues  to  be  the  case.  The  most  reliable  data 
available  are  those  on  unaccompanied  minors  who  applied  for  asylum.  In  2011,  there  were 
12,225  asylum  applications  across  the  EU27  –  a  number  comparable  to  previous  years8  – 
suggesting that this type of migration is still very important. Less information is available on 
other  types  of  flows  of  unaccompanied  minors.  In  2011,  the  reported  number  of  residence 
permits  issued  by  Member  States  to  unaccompanied  minors  totalled  4,406.9  Overall,  the 
evidence  suggests  that  there  has  been  no  substantial  reduction  in  the  numbers  of  children 
arriving in the EU, and this is unlikely to change in the coming years. 

The extent and nature of flows continues to differ from one Member State to another. In some 
Member  States,  unaccompanied  minors  arrive  predominantly  as  asylum  seekers.  Sweden, 
where the number of asylum applications submitted by unaccompanied children has increased 
consistently year on year from 1,510 in 2008 to 2,655 in 2011, is one example. Similarly, in 
Germany over the same period, numbers of asylum applications from this group of migrants 
almost tripled from 765 to 2,12510.  

In other Member States, asylum flows are relatively less significant in comparison to children 
arriving as irregular migrants. This is the case in Italy and Spain, which issued first permits to 
2,278  and  819  unaccompanied  children  not  seeking  asylum  in  201011.  An  increasing 
proportion of these irregular flows are due to political turmoil in North African countries and 
elsewhere.  For  example,  Italy  noted  that,  in  recent  years,  flows  of  unaccompanied  minors 
from  traditional  countries  of  origin,  such  as  Albania,  had  decreased,  while  there  was  an 
increase  in  those  flows  from  countries  in  Africa  and  the  Middle  East  which  were  socio-
politically unstable. 

A  final  group  of  Member  States  are  transit  countries,  which  receive  very  few  asylum 
applications  from  unaccompanied  children  –  typically  less  than  60  a  year12  –  but  through 
which some children travel to reach their destination country. Most of the Central and Eastern 
European countries fall into this category. 

III. DATA COLLECTION 

Data  collection  continues  to  be  one  of  the  key  challenges.  The  fact  that  unaccompanied 
minors are not a homogeneous group, and are looked after by different authorities, means that 
not  all  unaccompanied  minors  are  part  of  the  regular  collection  of  data  by  Member  States. 
Whereas  there  are  reliable  statistical  data  on  unaccompanied  children  seeking  asylum,  there 
are fewer statistics on those who migrated irregularly or were trafficked.  

However,  there  have  been  significant  improvements  in  both  the  collection  and  exchange  of 
quantitative and qualitative data during the past two years. The revision of the Guidelines for 
data collection under Article 6 of the Statistics Regulation13 in 2011 has enabled Eurostat to 

8 
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10,845 in 2010, 12 245 in 2009 and 11 715 in 2008 respectively. Eurostat. 
Eurostat 
Eurostat. 
The  corresponding  numbers  for  unaccompanied  minors  who  applied  for  asylum  in  2010  were  15  in 
Spain and 305 in Italy. Eurostat. 
For example, in 2011 there were 10 asylum applications submitted by unaccompanied children in the 
Czech  Republic  and  Lithuania,  20  in  Slovakia,  25  in  Bulgaria,  55  in  Romania,  60  in  Hungary  and 
Slovenia. No such applicants were recorded in Estonia and Latvia. Eurostat. 
Regulation (EC) No 862/2007. 

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collect  data  on  an  additional  category  of  permits,  namely  residence  permits  issued  to 
unaccompanied  minors  who  do  not  apply  for  asylum  or  who  have  not  been  granted  a 
residence permit as victims in trafficking in human beings, which gives an idea of the scale 
and  dynamics  of  non-asylum  related  migration.14  In  September  2010,  Frontex  published  a 
targeted risk assessment analysing numbers, nationalities, routes and ways of facilitating the 
migration of those unaccompanied minors who are asylum seekers.15 The European Migration 
Network  (EMN)  continued  to  play  an  important  role  in  the  exchange  of  data  on 
unaccompanied  children.  An  ad-hoc  query  carried  out  in  the  first  quarter  of  2012  provided 
updated statistics and information on practices concerning these applying for asylum.16  

The  newly  established  European  Asylum  Support  Office  (EASO)17  is  also  involved  in  the 
sharing and monitoring of data. The 2012 Work Programme provides for the setting up of an 
EASO  information  sharing  and  monitoring  system  on  unaccompanied  children  and  the 
collection of data and the development of Country of Origin Information (COI).18  

Way ahead  

Additional  efforts  invested  in  quantitative  and  qualitative  data  gathering  and  exchange  — 
including  gender  desegregated  statistics  —  need  to  be  undertaken  by  Member  States,  EU 
institutions,  EU  agencies,  as  well  as  non-governmental  and  international  organisations.  It  is 
necessary  to  further  improve  the  comparability  of  data  collected  across  the  EU.  Member 
States are encouraged to continue to collect data on unaccompanied minors who are asylum 
seekers, but also on those who are irregular migrants or victims of trafficking. In particular, 
the data on trafficking in minors should be further broken down in order to obtain information 
on unaccompanied minors who are victims of trafficking. 

The  data  gathering  should  not  be  limited  to  the  initial  collection,  i.e.  at  the  moment  when 
unaccompanied children enter a Member State. It is also necessary to improve understanding 
of  what  happens  to  them  once  they  are  within  EU  territory.  Wherever  possible,  Member 
States  should  collect  quantitative  and  qualitative  data  concerning 
the  number  of 
unaccompanied  minors  absconding  from  care  facilities,  the  types  of  services  and  support 
provided  at  the  various  stages  of  applicable  procedures  (such  as  accelerated  procedures, 
border  procedures,  age  assessments,  tracing  of  families,  appointing  of  guardians,  etc.). 
Finally,  statistical  data  should  also  be  gathered  on  the  numbers  of  returned  unaccompanied 
minors.19  

In  2013-14,  the  Commission  will  carry  out  a  study  to  collect  EU-wide  data  on  the 
involvement of children in criminal, civil and administrative judicial proceedings as part of a 
pilot  project  supported  by  the  European  Parliament.  In  this  context,  it  will  gather  statistics 

14 

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16 

17 
18 

19 

Eurostat,  First  permits  issued  for  other  reasons  by  reason,  length  of  validity  and  citizenship 
http://appsso.eurostat.ec.europa.eu/nui/show.do?dataset=migr_resoth 
Frontex (2010) 'Unaccompanied Minors in the Migration Process'. 
'Ad-Hoc  Query_Unaccompanied  Minors  -  updated  facts  and  statistics'  Ref.  No.  367.  EMN  website, 
http://emn.intrasoft-intl.com/html/index.html 
Regulation (EU) No 439/2010 of 19 May 2010 establishing a European Asylum Support Office. 
2012 
affairs/policies/asylum/docs/easo/EASO_2011_00110000_EN_TRA.pdf 
European  Commission  Directorate-General  Home  'Comparative  Study  on  Practices  in  the  Field  of 
Return  of  Minors'  HOME/2009/RFXX/PR/1002;  FINAL  REPORT,  December  2011,  available  at 
http://ec.europa.eu/home-affairs/doc_centre/immigration/immigration_studies_en.htm p 27. 

http://ec.europa.eu/home-

Programme, 

EASO 

Work 

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based  on  relevant  indicators  and  provide  a  narrative  overview  on  the  involvement  of 
unaccompanied minors in administrative judicial proceedings in the EU.  

EASO will facilitate further information exchange and sharing of knowledge through expert 
meetings dedicated to unaccompanied children. By the end of 2012, EASO will produce the 
Afghanistan  COI  Report,  which  will  include  relevant  specific  issues  relating  to  vulnerable 
groups, including unaccompanied minors.  

IV. PREVENTION OF UNSAFE MIGRATION AND TRAFFICKING  

The Action Plan acknowledges that prevention of unsafe migration and trafficking of children 
is the first step in dealing effectively with the issue of  migration of unaccompanied minors. 
To this end, the EU and its Member States continued to integrate migration, and particularly 
migration of children, into development cooperation. They have also undertaken awareness-
raising  and  training  to  improve  early  identification  of  trafficking  victims,  and  to  inform 
children and their families about the risks of irregular migration. A final area of activity was 
the development of integrated child protection systems. 

Under  the  Thematic  Programme  on  Asylum  and  Migration,  the  Thematic  Programme 
Investing  in  People,  the  European  Instrument  for  Democracy  and  the  Human  Rights  and 
Development Cooperation Instrument20, the EU funded projects preventing unsafe migration 
and  trafficking,  raising  awareness  for  children  at  risk,  and  training  specialised  personnel  to 
detect  risk  situations.  The  EU  also  continued  to  support  third  countries  in  improving  their 
legislative  and  administrative  capacity  to  identify  children  who  are  asylum  seekers  and 
victims of trafficking in human beings21.  

National  and  EU  financing  of  centres  in  countries  of  origin  such  as  Senegal,  Morocco, 
Moldova,  Egypt,  Kenya,  Guatemala  and  Bolivia,  which  provides  shelter  and  education  to 
minors,  has  had  encouraging  results22.  Information  campaigns  are  also  being  launched,  and 
capacity building activities for national authorities and border guards are being carried out23. 

An  important  part  of  preventing  unsafe  migration  and  trafficking  has  been  the  continuous 
engagement with third countries. Unaccompanied minors were discussed in the context of the 
Human  Rights  Dialogues24.  The  EU  continued  to  implement  the  EU  Guidelines  on  the 
Promotion and Protection of the Rights of the Child25. It is expected that the 2012 review of 
the  Guidelines  will  place  further  emphasis  on  the  most  vulnerable,  such  as  unaccompanied 
children.  

The  issue  of  unaccompanied  minors  is  addressed  in  the  framework  of  the  Migration  and 
Mobility  dialogues,  such  as  the  EU-Africa  Partnership  on  Migration,  Mobility  and 
Employment  and  of  the  Rabat  Process  on  Migration  and  Development.  It  was  discussed  in 
March  2011  at  the  meeting  of  the  Working  Group  on  Social  and  Migration  Affairs  with 

20 
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22 
23 
24 

25 

For a full list of projects see the Commission Staff Working Document, above n 3. 
Ibid. 
Information provided by AT, BE, ES, IT, NL and SE. 
Information provided by BG, EL, ES, FI, IE, HU, IT, LT, PO, SI, SK and UK. 
Human Rights Dialogues with African Union, Bangladesh, Belarus, Cambodia, Canada, the Candidate 
countries  (Croatia,  Former  Yugoslav  Republic  of  Macedonia,  Turkey),  China,  Egypt,  Georgia,  India, 
Israel, Japan, Jordan, Kazakhstan, Kyrgyzstan, Laos and Lebanon. 
EU  Guidelines  on  Promotion  and  Protection  of  the  Rights  of  the  Child,  Council  of  the  EU,  EU 
Guidelines on Human Rights and International Humanitarian Law, 2009. 

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Morocco, as well as in the Dialogue on Migration, Mobility and Security launched in October 
2011 with Tunisia and Morocco. Specific actions concerning unaccompanied minors are also 
listed in the 2012-2016 Action Plan of the Prague process26.  

Practices  and  experiences  in  dealing  with  this  group  of  migrants  were  shared  by  receiving 
countries in the context of the G8 and the EU-US Platform for Cooperation on Migration and 
Refugee issues. In 2011, Spain hosted a seminar on unaccompanied minors as part of the EU-
US  Platform,  which  enabled  an  exchange  of  views  and  practices  among  the  EU  Member 
States and the United States.27  

In order to improve information for prospective migrants, the Commission included a specific 
reference  to  unaccompanied  children  in  the  EU  Immigration  Portal  launched  in  November 
201128. 

The way ahead  

The  EU  and  Member  States  need  to  continue  to  address  the  issue  of  migration  of 
unaccompanied  minors  in  the  context  of  development  cooperation.  Greater  sharing  of 
information on initiatives being undertaken and actions planned is vital in order to maximise 
the use of available resources. The discussions on the EU's budget framework for 2014-2020 
should result in better coordination of external funds.29 

There  is  also  a  need  for  continuous  engagement  with  countries  of  origin  and  transit.  Stable 
cooperation  with  third  countries  will  help  the  EU  and  Member  States  to  better  understand 
their needs, which in turn will support the design and implementation of future projects. It is 
important that such cooperation should not be limited to prevention measures, but should also 
address  other  relevant  issues  such  as  restoring  family  links,  ensuring  the  safe  return  of 
children,  and  re-trafficking  risks.  These  issues  should  also  be  addressed  in  the  context  of 
mobility partnerships and in dialogues with the main countries of origin 

Further exchanges with non-EU countries of destination for unaccompanied minors should be 
encouraged, not only in order to share experiences and good practice, but also to find concrete 
solutions in relation to prevention, family tracing and safe return.. 

V. RECEPTION AND PROCEDURAL GUARANTEES IN THE EU  

The  Action  Plan  acknowledged  the  importance  of  reception  measures  to  ensure  that 
appropriate care and assistance is provided to unaccompanied minors who find themselves on 
EU territory. The EU has therefore continued to strengthen reception measures and access to 
relevant procedural guarantees for those children. 

Amendments were proposed to the Schengen Borders Code and the Convention implementing 
the  Schengen  Agreement  in  order  to  improve  the  handling  of  unaccompanied  minors  at  the 

26 
27 

28 

29 

Action Plan of the Prague process for the period 2012-2016, Annex Point I.3 and II. 4. 
Seminar 'Understanding the situation of unaccompanied minors in the US and the EU and sharing best 
practices in both regions', 31 May 2011, Madrid. 
See  http://ec.europa.eu/immigration,  section  'Avoiding  the  risks',  heading  'Children  travelling  alone': 
http://ec.europa.eu/immigration/tab3.do?subSec=17&language=7$en#anchor3. 
'A  Budget  for  Europe  2020',  Communication  from  the  Commission  to  the  European  Parliament,  the 
Council,  the  European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions, 
COM(2011) 500 final. 

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borders. They will introduce the training module on unaccompanied minors for border guards 
and  will  formally  establish  a  list  of  national  contact  points  for  consultation  purposes  on 
minors,  the  use  of  which  will  be  obligatory.  The  Frontex-led  Joint  Operation  Hammer 
resulted  in  operational  guidelines  on  how  to  deal  with  children,  including  unaccompanied 
children,  at  the  external  borders.  A  seminar  entitled  'Unaccompanied  Minors:  children 
crossing the external borders of the EU in search of protection', which was organised during 
the  Belgian  Presidency,  delivered  a  set  of  recommendations  for  national  authorities  and 
transnational actors30. 

As  regards  unaccompanied  minors  who  are  asylum  seekers,  the  EU  is  in  the  process  of 
completing negotiations on the revision of the asylum acquis that is expected to strengthen the 
protection  of  this  group  of  migrants.  In  December  2011,  the  Qualification  Directive31  was 
adopted. The Directive reinforces the provision on the tracing of family members and, for the 
first  time,  provides  an  indicative  list  of  considerations  to  be  taken  into  account  when 
determining the best interests of the child.  

In April 2011, the European Parliament and the Council adopted the Directive on Preventing 
and  Combating  Trafficking  in  Human  Beings  and  protecting  its  victims  (Directive  on 
Trafficking in Human Beings).32 The Directive includes new provisions providing assistance, 
support  and  protection  to  unaccompanied  children  who  are  victims  of  trafficking.  In 
particular,  Member  States  are  required  to  take  the  necessary  measures  to  ensure  that  the 
specific  actions  to  assist  and  support  child  victims  of  trafficking  in  human  beings  are 
undertaken following an individual assessment of the special circumstances of each particular 
child victim,  taking due account of the child’s views, needs and  concerns in order to  find a 
durable solution for the child. Furthermore, Member States should also appoint a guardian or 
a representative from the moment the child is identified by the authorities.  

The Commission set up an expert group on unaccompanied minors in the migration process to 
exchange views and practices on the various issues in this area33. The first thematic meeting, 
held on 21 June 2011, was devoted to guardianship. The meeting confirmed that guardianship 
is one of the crucial elements of child protection and that, even if there is no single model of 
guardianship, there are common challenges across the EU such as the need to train guardians. 
In  order  to  support  guardianship  networks,  the  Commission  funded  the  project  'European 
Network of Guardianship Institutions: Guardianship in practice', which is being implemented 
by  the  NIDOS  Foundation34.  It  also  financed  a  project  led  by  Defence  for  Children-the 

30 

31 

32 

33 

34 

Belgian Presidency seminar on 'Unaccompanied Minors: children crossing the external borders of the 
EU  in  search  of  protection',  held  on  9  –  10  December  2010  in  Brussels.  The  conference  was  co-
financed by the Commission (External Borders Fund) and was focussed on protection of children from 
the first encounter and resulted in a set of Recommendations. 
Directive  2011/95/EU  of  the  European  Parliament  and  of  the  Council  of  13  December  2011  on 
standards  for  the  qualification  of  third-country  nationals  or  stateless  persons  as  beneficiaries  of 
international  protection,  for  a  uniform  status  for  refugees  or  for  persons  eligible  for  subsidiary 
protection,  and  for  the  content  of  the  protection  granted  (recast).  Official  Journal  of  the  European 
Union, 
http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:337:0009:0026:EN:PDF 
15  April 
Official 
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:EN:PDF 
Expert 
(E02402) 
http://ec.europa.eu/transparency/regexpert/detailGroup.cfm?groupID=2402  The  meetings  are  attended 
by  experts  from  EU  Member  States,  non-governmental  organisations,  international  organisations,  EU 
institutions and agencies 
2011 European Refugee Fund Community Actions. 

the  European  Union,  L 

unaccompanied  minors 

the  migration 

December 

http://eur-

process 

Journal 

337/9, 

101/1, 

group 

2011, 

2011, 

on 

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Netherlands,  which  resulted  in  the  formulation  of  core  standards  for  guardians  of 
unaccompanied  children35  as  well  as  a  project  aimed  at  improving  the  quality  guardianship 
and care of unaccompanied minors who are asylum seekers in Central Europe36. 

In 2012, EASO has prioritised setting up of the working group on age assessment, delivering 
technical documentation and a handbook on age assessment37. In spring 2012, EASO sent a 
questionnaire to Member States and civil society organisations to assess current policies and 
practices  in  the  EU.  The  results  will  support  future  work  of  the  EASO  working  group  and 
contribute to the development of guidelines.  

The expert group on unaccompanied minors made a close examination of family tracing.38 Its 
conclusion  was  that  families,  legal  guardians  or  appropriate  minor  caring  entities  cannot  be 
found, family links cannot be restored and minors cannot be returned to a safe environment 
without the involvement of countries of origin. Spain and France presented the ways in which 
they  cooperate  with  countries  of  origin,  and  Italy  explained  how  tracing  is  carried  out  by 
IOM.  Despite  the  divergent  approaches  adopted  by  Member  States  to  the  issue  of  family 
tracing, some rules and practices developed at national level could usefully be shared among 
Member  States.  It  was  therefore  proposed  that  a  questionnaire  would  be  drawn  up  to 
catalogue the information and share best practice on family tracing.  

The  2010  Comparative  report  of  the  Fundamental  Rights  Agency's  (FRA)  on  Separated, 
Asylum-seeking  children  in  EU  Member  States  looked  at  the  prospects  and  experiences  of 
unaccompanied  children  in  12  EU  Member  States.  It  identified  good  practices  and 
shortcomings of the existing systems in relation to aspects such as accommodation, access to 
healthcare,  education  and  training,  legal  representation,  the  role  of  social  workers,  age 
assessment, family tracing and reunification39.  

In February 2011 the Commission adopted the EU Agenda for the rights of the child, which 
addresses  the  protection  of  children  in  vulnerable  situations,  including  unaccompanied 
children.  Actions  under  consideration  include  promoting  the  use  of  the  2010  Council  of 
Europe  Guidelines  on  child-friendly  justice,  which  contains  provisions  on  unaccompanied 
children. The Agenda also supports and encourages the development of training activities for 
judges  and  other  professionals  at  European  level  regarding  the  optimal  participation  of 
children in judicial proceedings.  

In  the  course  of  2011,  EASO  updated  the  European  Asylum  Curriculum  module  on 
‘Interviewing  Children’.  This  module  addresses  the  training  needs  of  asylum  officials  on 
issues of gender, trauma and age. It also ensures that interviews with minors are conducted in 
a child-friendly manner. 40 

35 

36 

37 

38 
39 
40 

Project ‘Closing a protection gap: Core Standards for guardians of separated children in Europe’ run 
by Defence for Children-the Netherlands was funded under DAPHNE III Programme and was finalised 
in 2011. Available at http://www.defenceforchildren.nl/images/69/1632.pdf 
'Improving  the  Quality of  Unaccompanied Minor  Asylum  Seekers' Guardianship and Care  in  Central 
for  Migration, 
the 
European  Countries', 
http://www.iom.hu/PDF/guardianship_brochure.pdf 
European  Asylum  Support  Office  Work  Programme  2012,  available  at  http://ec.europa.eu/home-
affairs/policies/asylum/docs/easo/EASO_2011_00110000_EN_TRA.pdf 
Meeting of 26 March 2012. http://ec.europa.eu/transparency/regexpert/detailGroup.cfm?groupID=2402 
http://fra.europa.eu/fraWebsite/attachments/SEPAC-comparative-report_EN.pdf 
http://www.asylum-curriculum.eu/eacweb/Specialised-learning/61-interviewing-children.html 

International  Organisation 

implemented 

by 

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Financing continues to be an important part of the practical development of the common EU 
approach  to  unaccompanied  minors.  In  2011,  the  European  Parliament  approved  a  Pilot 
Project,  which  is  due  to  provide  EUR  1  000  000  of  financing  for  projects  on  prevention, 
for  unaccompanied  children41.  By 
reception,  protection  and 
acknowledging the limits of the 'sectoral' approach, the 2011 proposal for a Regulation on the 
Asylum  and  Migration  Fund42  brings  together  financial  support  for  integration,  migration, 
asylum  and  return  management  and  addresses  the  needs  of  different  target  groups  of  third-
country  nationals,  including  unaccompanied  minors,  in  a  more  comprehensive  and 
coordinated way.  

integration  policies 

The way ahead  

The EU is committed to revising the asylum acquis by the end of 2012. The Commission has 
proposed higher standards of protection for unaccompanied children. Attention should be paid 
to  the  transposition  of  the  relevant  provisions  concerning  this  group  of  migrants.  As  far  as 
possible,  seminars  organised  to  discuss  the  transposition  of  the  Directive  on  Trafficking  in 
Human Beings and the Qualification Directive, as well as other future Directives in the field 
of asylum, should include discussions on the issue of unaccompanied children. 

The Commission will continue to ensure that EU legislation affecting unaccompanied minors 
is correctly implemented and that potential protection gaps are addressed. 

In  cooperation  with  Frontex,  EASO  will  consider  additional  possibilities  for  training  on 
handling  cases  involving  children  at  the  EU  external  borders,  which  would  include  age  and 
evidence  assessment  procedures.  It  will  also  facilitate  further  information  exchange  and 
knowledge sharing through a variety of expert meetings on unaccompanied children.  

The Commission, supported by EASO and Member States, will continue working on family 
tracing  both  in  the  EU  and  third  countries,  with  a  view  to  identifying  and  promoting  best 
practice. The EU and the Member States also should further encourage cooperation with the 
countries of origin of unaccompanied minors.  

The Commission will continue to make financial resources available for projects concerning 
unaccompanied children. However, efforts to use the funds need to be strengthened. Member 
States  and  civil  society  organisations  are  invited  to  submit  targeted  proposals  to  further  the 
implementation  of  the  common  EU  approach  on  unaccompanied  minors.  An  important 
contribution  could  be  made  by  new  projects  focused  on  best  practice  in  preventing  the 
disappearance of children from care, improving standards of accommodation and dealing with 
situations when they reach 18 years of age. Lastly, it is necessary to ensure the availability of 
financial resources beyond 2013. The future Asylum and Migration Fund should facilitate the 
funding of projects on unaccompanied minors.  

41 

42 

Budget  line  18  03  18:  'Pilot  Project  –  Analysis  of  reception,  protection  and  integration  policies  for 
unaccompanied minors'. 
Proposal  for  a  Regulation  of  the  European  Parliament  and  the  Council  establishing  the  Asylum  and 
Migration Fund, COM(2011) 751 final. 

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VI. FINDING DURABLE SOLUTIONS  

Most EU Member States have transposed the Return Directive43 into national legislation. This 
has  led  to  significant  improvements  in  the  protection  of  unaccompanied  minors  in  several 
Member  States.  In  the  course  of  the  transposition  of  the  Directive,  those  children  were  the 
subject  of  a  specific  focus  during  the  meetings  of  the  Contact  Committee  on  the  Return 
Directive. 

Under  the  Return  Fund,  the  Commission  funded  the  European  Return  Platform  for 
Unaccompanied Minors and the European Reintegration Instrument project, run by the Dutch 
Repatriation and Departure Service, which includes unaccompanied children among its target 
groups.  The  Study  on  Practices  in  the  Field  of  Return  of  Minors,  which  is  funded  by  the 
Commission,  provides  Member  States  with  a  checklist  to  achieve  good  practice  when 
considering  the  return  of  children  to  third  countries.44  The  2011  Work  Programme  of  the 
Return  Fund  called  for  projects  for  tracing  families,  monitoring  of  returned  minors  and 
reception centres for returned unaccompanied minors. 

The  European  Refugee  Fund  and  the  European  Fund  for  the  Integration  of  third-country 
nationals give priority to this group of migrants, as long as the relevant activities qualify for 
higher co-financing.45  

The  amendment  in  March  2012  to  the  European  Refugee  Fund46  creating  the  'Joint  EU 
Resettlement  Programme'  enhances  the  EU’s  role  in  providing  international  protection  to 
unaccompanied  minors.  By  providing  financial  incentives,  the  new  programme  encourages 
Member  States  to  participate  in  the  resettlement  in  the  EU  of  unaccompanied  children  who 
have been granted refugee status in a non-EU country.  

The way ahead  

The report on the application of the Return Directive to be prepared by the Commission by 
December 2013  will, amongst  others, closely examine the implementation  of the provisions 
concerning unaccompanied minors.  

The Return Fund will continue to make funds available for activities concerning this group of 
migrants. Member States and civil society organisations are invited to use the full potential of 
the financial resources available under the Fund.  

The  Commission  will  continue  to  advocate  inclusion  of  unaccompanied  children  into  the 
resettlement priorities of the Union Resettlement Programme as planned for 2014-2020 by the 
Asylum and Migration Fund. 

43 

44 

45 
46 

Directive  2008/115/EC,  Official  Journal  of  the  European  Union,  L  348/98,  24  December  2012, 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:348:0098:0098:EN:PDF 
European  Commission  Directorate-General  Home  Comparative  Study  on  Practices  in  the  Field  of 
Return  of  Minors  HOME/2009/RFXX/PR/1002;  Final  Report,  December  2011,  available  at 
http://ec.europa.eu/home-affairs/doc_centre/immigration/immigration_studies_en.htm p 160. 
75% instead of 50%. 
Decision No 281/2012/EU of the European Parliament and of the Council of 29 March 2012 amending 
Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 as part 
of the General programme ‘Solidarity and Management of Migration Flows’. 

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VII. CONCLUSIONS  

The  EU  Action  Plan  on  Unaccompanied  Minors  and  the  Council  conclusions  have  been 
important  steps  in  shaping  a  common,  rights-based  EU  approach  to  this  group  of  migrant 
children.  

The common EU approach has enabled more effective cross-cutting policy reflections on how 
to  address  the  situation  of  children,  regardless  of  their  migratory  status,  and  has  facilitated 
discussions  among  EU  institutions,  national  authorities,  inter-governmental  and  non-
governmental  organisations  in  different  policy  arenas,  allowing  enhanced  exchange  of 
knowledge  and  practices  concerning  unaccompanied  minors.  The  common  EU  approach 
ensured  that  greater  prominence  was  given  to  funding  measures  to  address  the  situation  of 
those  children.  The  explicit  recognition  of  the  best  interests  of  the  child  as  the  guiding 
principle  has  contributed  to  provisions  that  ensure  increasing  protection  in  the  new  EU 
legislative instruments for this particularly vulnerable group of migrants.  

The arrival of unaccompanied children on EU territory is not a temporary development, but a 
long-term  feature  of  migration  into  the  EU.  There  is  and  will  continue  to  be  a  need  for  a 
common EU approach to unaccompanied minors in order to continue to respond effectively 
and in full respect of the rights of the child to this complex and transnational challenge at both 
national and European level.  

During  the  past  two  years,  the  Commission  has  paid  particular  attention  to  ensuring  better 
coordination and consistency among the various legislative, financial and policy instruments 
relating  to  unaccompanied  children.  The  actions  implemented  have  contributed  to  the 
improvement  of  data  collection,  the  prevention  of  unsafe  migration  and  trafficking,  the 
protection of children once they are in the EU and the identification of durable solutions.  

However, developing a common EU approach to unaccompanied minors is an on-going and 
incremental  process.  It  calls  for  further  efforts  in  terms  of  sharing  knowledge  about  the 
phenomenon,  and  designing  and  implementing  legislative  and  non-legislative  actions  to 
ensure  adequate  protection  of  children  and,  in  particular,  improving  methods  of  finding 
durable solutions. In this context, the conference on Unaccompanied Minors, organised by the 
Danish  EU  Presidency  and  Save  the  Children  in  June  2012,  gave  very  useful  input  to  the 
second term of the Action Plan's implementation. 

The  Commission  will  continue  to  prioritise  funding  for  projects  involving  unaccompanied 
children. Member States, international and non-governmental organisations are encouraged to 
use the available financial resources to their fullest potential. Also, once adopted, the future 
financial instrument – the Asylum and Migration Fund – should ensure coherent funding of 
activities for this group of migrants. The EU will continue to fund initiatives in third countries 
and  regions 
to 
through 
unaccompanied minors. 

instruments  for  external  assistance  on 

issues  relating 

its 

Other EU institutional actors are also invited to consider what capacity they might dedicate to 
participating in the development of more effective implementation. As important stakeholders 
and  actors  in  the  arena,  international  governmental  and  non-governmental  organisations  are 
encouraged to continue to contribute to the implementation of the common EU approach.  

The EU and its Member States need to strengthen the efforts they are making to collaborate 
with non-EU countries of origin, transit and destination in advancing a common EU approach 
to unaccompanied children. The situation of these children should continue to be addressed in 

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the  context  of  the  external  migration  policy  as  provided  for  in  the  Global  Approach  to 
Migration  and  Mobility.  Progress  on  issues  such  as  re-establishing  family  unity  or  ensuring 
safe  return  cannot  be  achieved  without  the  involvement  of  the  countries  of  origin.  Lastly, 
working  with  third  countries  on  preventing  unsafe  migration  requires  coordination  with 
development and cooperation aid.  

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