COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL 4th Annual Report on Immigration and Asylum (2012)
Date: 2013-06-17
Institutions: European Commission
Subjects: EU migration policy, European Union Agency for Asylum, Greece, Schengen Agreement, Syria, admission of aliens, border control, economic consequence, illegal migration, occupational migration, trafficking in human beings

EUROPEAN 
COMMISSION 

Brussels, 17.6.2013  
COM(2013) 422 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

4th Annual Report on Immigration and Asylum (2012) 

{SWD(2013) 210 final} 

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

4th Annual Report on Immigration and Asylum (2012) 

I. 

INTRODUCTION 

The year 2012 saw a nearly 10% increase in the number of asylum applications due partly to 
the conflict in Syria necessitating both humanitarian1 and protection responses from the EU. 
This illustrates the importance of finally completing the Common European Asylum System, 
in order to have a uniform protection status across the EU. 

The  economic  crisis  continued  to  focus  the  minds  of  Europe's  leaders  on  ensuring  recovery 
and growth. Although unemployment remained very high, many Member States faced labour 
and  skills  shortages  in  certain  sectors.  The  share  of  the  EU  working-age  population  (15-64 
year old age group) from the total EU population already reached its peak in 2006 according 
to Eurostat data. The old-age dependency ratio reached 26.8% in 20122 and it is projected to 
increase sharply up to 52.6% by 20603. Against that background, well-managed migration can 
play a positive role in boosting growth and addressing labour market shortages.  

In 2012 key initiatives were proposed negotiated and completed, reflecting the dynamism of 
policy-making  on  migration  and  asylum  and  the  growing  need  for  a  coherent  EU  response. 
Negotiations  continued  to  establish  funding  mechanisms  beyond  2013  through  the  Asylum 
and  Migration  Fund  Regulation4  and  on  the  proposals  for  the  recast  of  the  EURODAC 
Regulation5,  as  well  as  on  Directives  on  Asylum  Procedures6,  Seasonal  workers7  and  Intra-
corporate transferees8.  

Another  important  development  was  the  start  of  operations  of  the  EU  Agency  for  the 
management of large-scale IT systems in the area  of freedom, security and justice,9 notably 
for  the  Second  Generation  Schengen  Information  System  (SIS  II),  the  Visa  Information 
System (VIS) and EURODAC. The Global Approach to Migration and Mobility (GAMM)10 
furthermore continued to serve as the overarching framework of the EU's external migration 
and  asylum  policy.  The  role  of  the  common  visa  policy  to  spur  growth  in  the  EU  has  also 
been in focus in 2012. 

This  report  is  principally  based  on  the  Commission's  political  assessments  and  is 
complemented  by  a  factual  staff  working  document11  with  an  annex  providing  statistical 

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Commission has pledged an additional €100 million of humanitarian funding for the more than 4 
million people in need of aid due to the conflict in Syria. This funding, to be disbursed in 2013, brings 
the Commission's humanitarian funding to €200 million. See 
http://ec.europa.eu/echo/news/2013/20130129_en.htm.  
Eurostat (online data code: demo_pjanind) 
Eurostat (online data code: proj_10c2150p) 
COM(2011) 751final  
COM(2012) 254 final. Amended proposal in second reading.  
COM(2011) 319 final. Amended proposal.  
COM(2010) 379 final 
COM(2010) 378 final 
Regulation (EU) No 1077/2011. See http://ec.europa.eu/dgs/home-affairs/what-is-
new/news/news/2012/docs/20121129_agency_large_scale_it_systems_en.pdf.  
COM(2011) 743 final plus subsequent Council conclusions. A biennial report on the implementation of 
the GAMM will be published in June 2013, taking stock of progress made and contributing to the 
further strengthening of the implementation of the GAMM. 
SWD(2013) 210 

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details  on  developments  at  both  EU  and  Member  State  levels,  collected  by  the  European 
Migration  Network  (EMN)12.  A  report  on  the  development  of  the  Immigration  Liaison 
Officers network13 is also included in the staff working document. 

II. 

A SNAPSHOT OF EU MIGRATION IN 201214 

According to Eurostat data, on 1 January 2012, the EU's total population was 503.7 million, 
an increase of 1.3 million from 2011 which is equivalent to an annual rate of +2.6 per 1000 
inhabitants  made  up  of  a  natural  increase  of  0.4  million  (+0.8‰)  and  net  migration  plus 
statistical adjustment of 0.9 million (+1.8‰)15. The 20.7 million third-country nationals living 
in the EU amounted to some 4.1% of the total EU population, exceeding the number of EU 
citizens who live in another Member State (13.6 million or 2.7% of the total EU population).16 
First  residence  permits  issued  to  third-country  nationals,  amounted  to  almost  2.5  million  in 
201117; the number of permits issued for family reasons representing 30% of the total, against 
26%  for  remunerated  activities,  21%  for  study  and  23%  for  various  other  reasons  (e.g. 
protection-related, residence without the right to work). Most residence permits were in 2011 
issued  to  nationals  of  Ukraine  (around  204  000),  the  USA  (around  189  000),  India  (around 
179 000), China (around 153 000) and Morocco (around 120 000). 

While the total number of asylum applications remained well below the peak of 425 000 in 
2001,  there  was  an  increase  of  9.7  %  compared  to  2011  in  the  total  number  of  asylum 
applicants  in  2012,  amounting  to  just  over  330  000,  primarily  resulting  from  an  increased 
influx  of  asylum  seekers  from  Syria  (totalling  some  23  510  in  2012  or  7  %,  compared  to  7 
88518 in 2011). Other important countries for asylum seekers were Afghanistan (8% of total 
number  of  applicants),  the  Russian  Federation  (7%),  Pakistan  (6%)  and  Serbia  (6%).  Some 
Member States experienced an increase in unfounded applications from citizens of Serbia, the 
former  Yugoslav  Republic  of  Macedonia,  and  to  some  extent  Bosnia  and  Herzegovina 
following visa liberalisation.  

In terms of protection granted in 2012, a total of 71 580 asylum applicants received protection 
at  first  instance  (refugee  (37  245),  subsidiary  protection  (27  920)  or  humanitarian  (6  415)), 
around 27% of all decisions taken19. 

2012  witnessed  a  slight  increase  of  unaccompanied  minors  applying  for  international 
protection  in  the  EU,  from  12  350  in  2011  to  more  than  12  610  in  201220,  with  Germany, 
Sweden, Belgium and Austria receiving nearly 70% of the total number of applicants. These 
unaccompanied minors come mainly from Afghanistan (5 350), Somalia (850), Guinea (430) 
and Pakistan (415).  

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EMN, http://www.emn.europa.eu  
Council  Regulation  (EC)  No  377/2004,  as  amended  by  Regulation  (EU)  No  493/2011.  OJL  141, 
27.5.2001, p.1. 
Statistics  presented  here  and  throughout  this  Communication  are  primarily  the  latest  available  from 
Eurostat.  More  detailed  statistics,  some  from  the  EMN,  including  breakdown  by  Member  State,  are 
given in the Statistical Annex of the accompanying Staff Working Document (SWD(2013) 210. 
Net  migration  to  the  EU,  without  statistical  adjustment,  amounted  to  +  0.5  million,  with  1.2  million 
emigrating and 1.7 million immigrating.  
Eurostat Migration statistics. See also EU Employment and Social Situation Quarterly review, March 
2013, Special supplement on Demographic Trends  
Eurostat  data  for  2011,  as  of  31.3.2013.  Eurostat  data  2012  will  become  available  in  July  2013. 
SWD(2013) 210, Statistical Annex, includes 2012 data for most Member States submitted by the EMN. 
The number including the 4 Associated States was 8,980.  
Eurostat data. News release 48/2013 of 22 March 2013 
Eurostat, no data for Malta and the Netherlands available for 2012  

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Although statistics on irregular migrants continue to be incomplete or are by the very nature 
of  the  phenomena  they  intend  to  capture,  affected  by  reliability  weaknesses,  irregular 
migration  continues  to  be  a  major  component  of  migration  to  the  EU.  Indicators  such  as 
refusals, apprehensions and returns may be used, although also subject to many caveats.  
In 2012,21 some 316 060 persons were refused entry to the EU, a decrease of 8% from 2011, 
with the vast majority (63%) being refused in Spain, notably at the external land borders. Also 
in 2012, some 427 19522 persons were apprehended (a decrease from 2011 when it was 468 
840) and in 2012 Member States returned around 186 630 third-country nationals23 (around 
4%  less  than  in  2011).  Quarterly  Reports  from  Frontex24  have  also  served  to  inform 
policymakers, in a timely manner, of the situation at the EU's external borders. 

For the reference period 2008-2010 the profile of victims of trafficking in human beings by 
gender  and  age  was  68%  women,  17%  men,  12%  girls  and  3%  boys.  The  majority  of  the 
identified and presumed victims are trafficked for sexual exploitation (62%). Trafficking for 
forced labour (25%) comes second and trafficking in other forms such as trafficking for the 
removal  of  organs,  for  criminal  activities  or  for  selling  of  children  follow  with  smaller 
percentages  (14%).25  Data  provided  by  the  EMN  from  some  Member  States  show  that  in 
2012, 736 third country nationals26 received residence permits as victims of human trafficking 
in  2012,  and  preliminary  data  from  some  Member  States  show  that  that  4  351  traffickers27 
were arrested and 627 traffickers28 were convicted. 

III.  MIGRATION AS A TOOL FOR GROWTH 

The EU population  of  working-age  (15-64 years) amounted to 335.4 million in  2012 and is 
projected  to  drop  over  the  next  50  years  to  290.6  million  in  2060,  according  to  the  latest 
Eurostat  projections29.  With  an  ageing  population,  and  on  the  assumption  that  migration 
continues on average as before, the old-age dependency ratio will rise from 26.8% in 2012 to 
52.6%  in  2060.  With  less  inward  migration  that  ratio  would  be  even  higher30.  The  EU  is 
already  seeing  the  effects  of  an  ageing  population  on  productivity,  competitiveness  and 
growth. Well-managed migration may not be the panacea to this common challenge, but can 
play a positive role. Political discussions are taking place during informal Justice and Home 
Affairs (JHA) Councils, as well as in the European Parliament on how migration can be more 
effectively managed to contribute to economic growth 31. 

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Eurostat (as of 18.4.2013)  
Eurostat (as of 18.4.2013). EU-27, excluding HU and NL 
Eurostat (as of 25.4.2013). EU-27 excluding DK, CY, NL. LU data related to March-December 2012.  
http://www.frontex.europa.eu/publications  
Eurostat. DG Home Affairs Statistical Report includes data for the years 2008, 2009 and 2010, from all 
27  EU  Member  States,  Croatia  and  the  following  EU  Candidate  and  EFTA/EEA  countries:  Iceland, 
Montenegro,  Norway,  Serbia,  Switzerland  and  Turkey.  Available  on  the  Europa  Anti-trafficking 
webpage. 
BE, BG, EL, FR, IT, MT, PL, RO, SI, SE, UK and NO. Statistical annex, Table 9, SWD(2013) 210. 
Source EMN. 
BG, EL, ES, FR, IT, LV, LU, MT, PL, SK, FI, SE. Source :EMN 
BG, EL, IT, LV, LU, MT, PL, RO, SK, FI, SE Source : EMN 
Europop2010 
Compared to the national populations, immigrants tend to be younger particularly in the 20-50 year age 
group. 
http://epp.eurostat.ec.europa.eu/portal/page/portal/population/documents/Tab/ESSQR_Mar2013_demog
r_suppl_final.pdf  
Informal  JHA  Council  meeting,  23-24.7.2012  and  17-18.1.2013.  EP  on  integration  of  migrants,  its 
effects  on  the  labour  market  and  the  external  dimension  of  social  security  coordination  (vote 
10.1.2013).  European  Economic  and  Social  Committee's(EESC)  Opinion  on  migrant  entrepreneurs 
(2012/C 351/04) 

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III.1. 

Strategies to address existing labour market shortages 

There are several complementary strategies for alleviating shortages in certain sectors of the 
labour  market.  These  include  further  developing  job-matching  instruments32,  extending  the 
working  age,  raising  participation  rates,  improving  the  skills  of  the  existing  labour  force, 
finding  jobs  for  those  currently  unemployed  and  increased  mobility  of  workers  within  the 
EU33.  As  part  of  this  coherent  strategy,  making  better  use  of  the  skills  of  third-country 
nationals  already  present  in  the  EU34  requires  increased  attention,  as  would  well  managed 
economic  migration,  in  partnership  with  third  countries35.  The  "Employment  Package"36, 
which provides a medium-term agenda for EU and Member States action to support a job-rich 
recovery  and  to  attain  Europe's  2020  goals  for  smart,  sustainable  and  inclusive  jobs  and 
growth,  acknowledges  that  economic  migration  will  be  a  key  consideration  for  the  EU's 
labour market in the longer term. This is in line with the Employment Guidelines which call 
on the EU Member States to ensure access and opportunities for all throughout their lifecycle, 
thus  reducing  poverty  and  social  exclusion  through  removing  barriers  to  labour  market 
participation for people furthest from the labour market, including legal migrants37.  

For the 2012 European Semester, three Member States started implementing country specific 
recommendations (BE, DK, NL) for the integration of migrants on the labour market. For the 
2013 European Semester, the Commission also launched an initiative on skills development 
and  to  make  education  and  training  more  relevant  to  labour  market  needs38,  which  is  also 
relevant for the integration of third country nationals. 

There were several initiatives in 2012 that looked at the contribution of migrants to economic 
growth39.  The  socio-economic  contribution  of  migrants  is  well-documented  and  evidence 
suggests that migrants can be complementary to EU workers rather than replacements and that 
they have contributed to greater labour market flexibility and to innovation40.  
The  potential  of  migrant  entrepreneurs41  and  investors  has  gained  more  recognition.  In  its 
Entrepreneurship  2020  Action  Plan42,  the  Commission  proposed  looking  at  initiatives  to 
attract  migrant  entrepreneurs  and  to  facilitate  entrepreneurship  among  migrants  already 
present  or  arriving,  and  to  analyse  the  possibility  of  proposing  legislation  to  remove  legal 
obstacles  for  the  establishment  of  businesses  and  giving  qualified  migrant  entrepreneurs  a 
stable permit.  
Practical examples can already be given of where shortages exist43, despite the crisis and the 
overall depressed labour demand. Severe skills shortages have been identified in the field of 

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E.g.  EU  Skills  Panorama,  http://euskillspanorama.ec.europa.eu/  ;  the  analysis  undertaken  by 
CEDEFOP.  
E.g.,  via  EURES  (http://ec.europa.eu/eures/)  and  including  facilitating  the  intra-EU  mobility  of  third-
country nationals (see EMN study).  
In  the  age  group  20-64,  the  over-qualification  rate  of  third-country  nationals  is  much  higher  than  the 
over-qualification rate of the total population (45% to 21%). SEC(2011)957 final, p. 28. 
COM(2012) 173 final, Towards a job-rich recovery, pp. 18-19. http://ec.europa.eu/europe2020 
COM(2012) 173 final 
2010/707/EU: Council Decision of 21 October 2010 on guidelines for the employment policies of the 
Member States 
Rethinking Education: Investing in skills for better socio-economic outcomes, COM(2012) 669 final 
Notably  in  the  context  of  projects  and  studies  addressing  this  issue.  E.g.:  the  Commission's  EU 
Employment and Social Situation Quarterly Review and IOM LINET (http://www.labourmigration.eu/) 
and the 8th meeting of the "European Integration Forum". 
Brücker,  H.  "The  Labour  Market  Impact  of  immigration  and  its  Policy  Consequences".  Migration 
Policy Centre, MPC. (2012) 
EESC (2012/C 351/04) 
COM(2012) 795 final 
COM(2011) 815 final, Annual Growth Survey 2012, p. 11. 

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Information  Technology  (IT)  with  the  demand  for  IT  practitioners  predicted  to  grow  by 
around 3% a year and with labour demand outstripping the supply44. Shortages in the health 
and  engineering  sectors  are  now  also  evident.45  EU's  migration  policy  should  provide 
facilitation  for  companies  to  recruit  the  right  people,  who  may  otherwise  decide  to  move 
operations away from the EU, with further negative consequences for the EU economy46.  

III.2.  Attracting and keeping talent 

The  EU  increasingly  has  to  compete  with,  for example  Canada,  the  US  and  Switzerland,  to 
attract  talent47.  Europe  must  remain  an  attractive  destination48  while,  at  the  same  time, 
ensuring security and preventing abuses. A dialogue with the rest of the world, in the context 
of the Global Approach to Migration and Mobility (GAMM), can serve to facilitate migration 
as part of a holistic approach to all facets of migration management49.  

EU  migration  legislation  contributes  towards  attracting  certain  categories  of  migrants.  One 
example  is  the  2009  EU  Blue  Card  Directive50,  which  enables  the  entry  and  residence  of 
third-country  nationals  taking  up  highly  qualified  employment.  The  evaluation  of  the 
transposition of this Directive by Member States is on-going, and will help to assess how far 
the EU Blue Card Directive has attained its objective. The first statistics on its implementation 
should be are available in 2013, and the Commission will publish a report by mid-2014. The 
Commission  received 
the 
transposition  of  the  Single  Permit  Directive51,  and  encourages  other  Member  States  to  meet 
the transposition deadline set for the end of 2013. Further efforts are needed by co-legislators 
in order to agree the Intra-Corporate Transferees52 and the Seasonal Workers53 Directives, on 
which negotiations made progress in 2012. 
The  EU  Immigration  Portal54  is  an  important  tool  for  better  informing  potential  migrants 
about  their  options  and  conditions  for  legal  migration.  On  average  the  webpage  received 
around 7 000 visitors per month in the final quarter of 2012. The portal is currently available 
in French and English and new language versions are being developed55. 

the  notifications  from  some  Member  States  concerning 

To make the EU a more attractive destination for the most talented students and researchers 
and to stimulate research, development and innovative performance, the Commission adopted 
a proposal for a recast of the legislation on the rules for the conditions of entry, residence and 

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and 

2012, 

Report 

Vacancy 

Recruitment 

https://ec.europa.eu/digital-agenda/node/21022.  
European 
http://euskillspanorama.ec.europa.eu/docs/EVVR2012Factsheets/08-Bottleneck.pdf 
For example in the IT sector : IP/13/52, Commission issues action call in Davos - with IT sector and 
telecoms  companies  -  to  close  digital  skills  and  jobs  gap  in  Europe  http://europa.eu/rapid/press-
release_IP-13-52_en.htm  
OECD  "Settling  In:  OECD  Indicators  of  Immigrant  Integration  2012",  Table  1.A1.2  "Educational 
attainment of foreign-born and native-born populations aged 15 to 64 not in education, 2009-10". 
According  to  OECD  figures,  the  share  of  highly-educated  people  among  foreign-born  inhabitants  is 
lower in the EU than in the USA or Canada (Source data: "Settling In: OECD Indicators of Immigrant 
Integration 2012", Chapter 7, Table 1.A1.2)  
GAMM  also  addresses  preventing  and  combating  irregular  migration  and  eradicating  trafficking  in 
human  beings;  maximising  the  development  impact  of  migration  and  mobility;  and  promoting 
international protection and enhancing the external dimension of asylum.  
Directive 2009/50/EC of 25 May 2009. 
Directive  2011/98/EU  adopted  on  13  December  2011.  Transposition  of  the  Directive  should  be 
completed by 25 December 2013. 
See EP Legislative Observatory : Inter-institutional reference 2010/0209(COD)  
See EP Legislative Observatory : Inter-institutional reference 2010/0210(COD) 
http://ec.europa.eu/immigration  
The Spanish version was launched in January 2013. The Arabic version will be launched later in 2013. 

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rights  of  third-country  national  researchers,  students  and  other  groups56.  This  proposal 
addresses  several  weaknesses  by  introducing  clearer  admission  conditions  and  procedural 
guarantees,  increasing  coherence  with  EU  mobility  programmes,  such  as  Erasmus  Mundus 
and Marie Curie Fellowships. It proposes to gives students more opportunities to seek work 
during and after their studies. It also aims to provide better protection and to address certain 
rights of equal treatment with nationals. 

A Commission proposal for a Regulation establishing the European Voluntary Humanitarian 
Aid  Corps57  envisages  the  possibility  for  third-country  nationals  with  long-term  resident 
permits to be eligible to apply for service as EU Aid Volunteer. 
The  Court  of  Justice  of  the  EU  (CJEU)  gave  two  judgements58  on  the  interpretation  of  the 
Long-Term  Residents  Directive59.  One  of  these  addresses  the  issue  of  rights  to  equal 
treatment  in  relation  to  housing  benefits  granted  to  third-country  nationals  covered  by  the 
Directive.  The  Court  also  upheld  that  a  Member  State  cannot  impose  excessive  and 
disproportionate fees for granting of residence permits for third-country nationals. 

III.3. 

Smarter visa and border controls to contribute to growth 

Facilitating border crossing of third country nationals to enter the EU is another way to make 
the  EU  a  more  attractive  destination.  On  28  February  2013,  the  Commission  adopted  the 
"smart border package", consisting of proposals for an "Entry-Exit System"60, a "Registered 
Traveller  Programme"61  and  subsequent  amendments  of  the  Schengen  Borders  Code,  to 
speed-up, facilitate and reinforce border check procedures for foreigners travelling to the EU. 

With  the  number  of  Schengen  visas  issued  worldwide  rising  again  in  2012  to  14.2  million, 
compared  to  12.7  million  in  2011,  it  is  clear  that  the  implementation  of  the  Visa  Code62  is 
delivering results.  
In 2012, the Commission outlined63 how a smarter visa policy could contribute to the growth 
objectives of Europe 2020 by facilitating travel opportunities, especially for tourists. A report 
on the implementation of the Visa Code will furthermore be accompanied by a proposal for 
amendments to ensure that EU visa policy fosters economic growth and cultural exchanges by 
facilitating  travel  of  legitimate  travellers,  such  as  businessmen,  tourists,  students  and  young 
people, while continuing to ensure a high level of security for the EU. This will be subject to 
an  impact  assessment.  Roll-out  of  the  Visa  Information  System  (VIS)  continued  in  2012  to 
include two additional regions (the Near East and the Gulf region). More visa applications are 
thus now subject to VIS procedures, enabling them to be processed faster and tackling identity 
theft  more  effectively.64  The  Commission  is  currently  conducting  a  fingerprint  recognition 

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and 

C-508/10, 

http://ec.europa.eu/dgs/home-affairs/what-is-

COM(2013)151 final adopted 25.3.2013. Existing legislation Directives 2005/71/EC (researchers) and 
2004/114/EC (students)  
COM(2012) 514 final 
C-571/10 
Cases 
new/news/news/2012/20120510_en.htm 
Directive  2003/109/EC,  as  amended  by  Directive  2011/51/EU  extending  long-term  residence  to 
beneficiaries of international protection.  
COM(2013) 95 
COM(2013) 97  
Regulation (EC) No 810/2009 
COM(2012) 649 Final Communication from the Commission "Implementation and development of the 
common  visa  policy  to  spur  growth  in  the  EU",  ,accompanied  also  by  a  report  on  the  functioning  of 
Local Schengen Cooperation (COM(2012)648 Final). 
Roughly 2.4 million visa applications were introduced in VIS In 2012. That is some 16% of total visa 
applications in that year. 

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study of children below the age of 12 years, to scientifically identify if there is an age limit for 
collecting fingerprint. 

III.4.  Enabling integration in our societies 

The  EU  must  ensure  that  effective  measures  are  in  place  to  promote  integration,  with  the 
participation  of  both  migrants  and  the  societies  in  which  they  live.65  Access  to  education, 
social  and  health  services  is  important  for  integration.  In  2012  Member  States  started  the 
process  of  implementing  the  2011  Single  Permit  Directives  which  gives  third-country 
nationals covered by that Directive the right to equal treatment compared to EU nationals, for 
instance as regards working conditions and pay, education and vocational training and social 
security. 

Beyond  their  contribution  to  the  EU  economy  and  innovation,  the  positive  role  of  migrants 
themselves  needs  be  respected.  The  EU's  rich  cultural  and  societal  diversity  as  well  as 
tolerance needs to continue to serves as a positive example. However, it is alarming that there 
have been an increasing number of incidents of xenophobic violence against migrants across 
the EU. With well-managed migration and integration policies, the EU can actively contribute 
to  counter  xenophobic  attitudes  by,  for  example,  supporting  dialogue  and  increasing 
understanding and trust between different communities. 

The  situation  of  third-country  nationals  compared  to  the  EU’s  population  as  a  whole  shows 
that more could be done to ensure that migrants already resident in the EU are well integrated, 
and can develop their full potential in an environment where their fundamental rights are fully 
respected and where they can contribute to our societies' prosperity. 
According  to  the  report  on  Employment  and  Social  Developments  in  Europe  201266, 
unemployment  rates  are  higher  for  third-country  nationals  (21.3  %  compared  to  the  EU 
average  (10.5%).  Third-country  nationals  were  also  found  to  be  more  likely  to  be  over-
qualified  relative  to  national  counterparts  and  more  at  risk  of  falling  into  poverty  or  social 
exclusion67.  The  risk  of  poverty  and  social  exclusion  of  foreign-born  people  aged  25-54 
exceeds  on  average  that  of  others  by  more  than  10  percentage  points  across  the  EU  as  a 
whole. The gap in the risk of poverty after social transfer between migrants and EU citizens is 
also significant, with 8 percentage points. Further, children with a migrant background have a 
higher  risk  of  leaving  school  early68.  Another  study  found  that  young  people  with  an 
immigration  background  are  significantly  more  likely  to  become  "not  in  employment, 
education  or  training"  (NEET)  compared  to  their  contemporaries69.  Recognising  this 
challenge,  the  Council  adopted  Conclusions  in  November  2012  identifying  the  priorities 
needed  to  address  the  participation  and  social  inclusion  of  young  people  with  emphasis  on 
those with a migrant background70. 

The Social Investment Package provides the EU Member States with guidance and support in 
their  efforts  to  remove  barriers  to  the  participation  of  underrepresented  workers,  including 
migrants,  in  the  labour  market,  and  urges  them  to  take  action  to  address  workplace 

65 

66 

67 
68 
69 

70 

The EU's current strategy in this regard is set out in the European Agenda for the Integration of Third-
Country  Nationals,  see  COM(2011)  455  final  and  subsequent  3135th  JHA  Council  conclusions  of  13 
and  14  December  2011.  See  also  the  Committee  of  the  Regions  Opinion  on  the  Agenda  (CIVEX-V-
024). 
Available at http://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=1774&furtherNews=yes 
and Eurostat, EU-LFS, table lfsa_urgan 
Member State specific unemployment rate statistics is available in SWD(2013) 210. 
COM(2013) 83 final, pp. 6-7 
Eurofound (2012), NEETs – Young people not in employment, education or training: Characteristics, 
costs and policy responses in Europe. 
See http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/educ/133859.pdf.  

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discrimination, improve the schemes for recognition of skills and qualification, and facilitate 
migrants'  access  to  education  (especially  higher  education),  employment  services  (including 
information  on  job  vacancies),  financial  services,  social  security  benefits  and  social 
assistance71. 

is  preparing  guidelines 

Family reunification plays a part in facilitating and promoting integration. Following a public 
consultation  of  stakeholders  after  the  2011  Green  Paper  on  Family  Reunification72,  the 
Commission 
transparent  and  clear 
to  ensure 
implementation of family reunification rules at EU level. These guidelines, due by the end of 
2013,  will  address  the  need  to  balance  the  fundamental  right  to  family  life  with  a  need  to 
ensure  that  this  right  is  genuinely  and  coherently  applied  according  to  the  rules  of  the 
Directive73. 

the  efficient, 

III.5.  External perspective 

Migration  is  becoming  an  increasingly  salient  issue  on  the  global  agenda.  Within  the 
framework  of  the  GAMM,  which  provides  the  overarching  framework  for  the  EU  external 
migration  policy,  the  EU  has  taken  a  series  of  initiatives  both  at  regional  and  global  level. 
Facilitating  migration  and  mobility  should  contribute  to  economic  growth  and  the 
competitiveness  of  the  EU.  The  important  links  between  migration  and  development  issues 
are  also  clearly  recognised  in  the  EU's  development  policy  framework,  the  "Agenda  for 
Change". 

In addition to existing Mobility Partnerships, negotiations with Morocco and Tunisia on new 
Mobility  Partnerships  took  place  in  2012,  including  facilitation  of  mobility  and  better 
managed  legal  migration74.  The  EU  has  also  initiated  exploratory  talks  with  Azerbaijan.  A 
structured  dialogue  on  migration,  mobility  and  security  has  been  launched  with  Jordan, 
possibly leading to a Mobility Partnership. Similar dialogues will follow with other countries 
in  the  Southern  Mediterranean  region,  when  the  political  situation  allows  this.  Another 
framework  of  cooperation,  the  "Common  Agendas  for  Migration  and  Mobility"  is  being 
considered with priority countries beyond the EU neighbourhood, such as India.  

The  EU  also  engaged  in  a  number  of  regional  and  sub-regional  dialogue  and  cooperation 
processes in 2012, covering all mutually relevant issues and themes in the area of migration 
and mobility. In line with the Council Conclusions of 29 May 2012,75 priority has been given 
to  the  Africa-EU  Partnership  on  Migration,  Mobility  and  Employment  and  the  Rabat 
Process76  in  the  South,  to  the  Prague  Process77  and  to  the  Eastern  Partnership  panel  on 
Migration  and  Asylum  in  the  East,  as  well  as  to  the  EU-LAC  Migration  Dialogue  and  the 

71 

72 

73 

74 
75 
76 
77 

COM(2013) 83 final, Towards Social Investment for Growth and Cohesion – including implementing 
the  European  Social  Fund  2014-2020,  pp.  11-12,  SWD(2013)  39  final,  Follow-up  on  the 
implementation  by  the  Member  States  of  the  2008  European  Commission  recommendation  on  active 
inclusion of people excluded from the labour market - Towards a social investment approach, p. 56 
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.  
EMN  study  entitled  "Misuses  of  the  Right  to  Family  Reunification  -  Marriages  and  convenience  and 
false declarations of parenthood"(June 2012) informs this debate.  
Political agreement was reached with Morocco on 1 March 2013. 
Council conclusion on the Global Approach to Migration and Mobility" (Doc ref. 9417/12) 
Euro-African Partnership for Migration and Development, Declaration signed in Rabat, 2006 
Political  process  promoting  migration  partnerships  among  the  participating  states  of  the European 
Union, the Schengen Area, South Eastern and Eastern Europe and Central Asia, in addition to Turkey, 
started with a Ministerial Conference in Prague 2009. See: www.icmpd.org 

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dialogue  with  the  countries  along  the  Silk  Route  within  the  framework  of  the  Budapest 
Process78. 

Countries of origin also benefit  from  well-managed  legal channels for  entering the EU, and 
the importance of this should not be underestimated. Remittances are still a significant source 
of  private  income  for  many  families  in  third  countries  and  in  2011  they  amounted  to  EUR 
28.5  billion,  a  3%  increase  from  201079.  The  Commission  and  Member  States  have 
undertaken  a  number  of  remittance  related  initiatives  over  recent  years  and  improvements 
have  been  made,  more  work  remains  to  be  done80.  Diaspora  groups  also  contribute  to  the 
development of their countries of origin in many other ways, including by transferring skills 
and promoting investments.  

At global level the EU is actively involved in the preparations of the forthcoming second UN 
High-level Dialogue on International Migration and Development, to be held during the sixty-
eighth United Nations General Assembly session on 3-4 October 2013, in order to contribute 
effectively  to  the  achievement  of  a  successful  meeting.  In  its  Communication  “Maximising 
the  Development  Impact  of  Migration  –  The  EU  contribution  for  the  UN  High-Level 
Dialogue  and  next  steps  towards  broadening  the  development-migration  nexus”81,  the  links 
between  migration  and  development  are  further  addressed  and  the  EUs  common  position  is 
defined with key messages for enhanced global cooperation.  

IV. 

RISING TO THE CHALLENGES IN INTERNATIONAL PROTECTION 

IV.1.  Completing the Common European Asylum System (CEAS) 

Europe remains an important destination for those with a genuine need to seek protection. In 
order to have a uniform protection status across the EU, the European Parliament, the Council 
and the Commission worked intensively throughout 2012 to complete the necessary package 
of  instruments  for  the  second  phase  of  the  CEAS.  After  the  adoption  of  the  revised 
Qualification Directive82 in 2011, political agreement was reached in 2012 on the recasts of 
the  Dublin  Regulation83  and  the  Reception  Conditions  Directive84.  The  changes  to  the 
Reception  Conditions  Directive  are  particularly  significant,  as  they  introduce,  for  the  first 
time,  detailed  rules  concerning  asylum-related  detention,  including  an  exhaustive  list  of 
restrictive  grounds  for  such  detention,  and  strict  requirements  on  detention  conditions.  The 
changes to the Dublin Regulation will enhance both its efficiency and its protective aspects, 
particularly  as  regards  the  right  to  appeal  against  transfer  decisions  and  the  maintenance  of 
family  unity.  Political  agreement  was  reached  in  March  2013  on  the  final  two  pieces  of 
legislation  forming  the  CEAS,  the  recast  of  two  instruments,  the  Asylum  Procedures 
Directive85  and  the  EURODAC  Regulation,  on  a  biometric  database  for  the  comparison  of 

78 

79 
80 

81 
82 
83 
84 

85 

Consultative  forum  of  more  than  50  governments  and  10  international  organisations,  aiming  at 
developing comprehensive and sustainable systems for orderly migration. See : www.icmpd.org 
Eurostat Press Release 176/2012 of 11 December 2012. 
EU  Remittances  for  Developing  Countries,  Remaining  Barriers,  Challenges  and  Recommendations  . 
http://ec.europa.eu/europeaid/what/migration-
asylum/documents/eu_remittances_for_developing_countries_final_19-11-2012.pdf.  
COM(2013)292 of 21.5.2013. 
Directive 2011/95/EU 
Recast Directive 2003/9/EC. Council press release 14556/12 JHA Council 25.10.2012. 
Recast  Council  Regulation  (EC)  No  343/2003.  Council  Press  release  17315/12,  JHA  Council  6-
7.12.2012  
Directive  2005/85/EC  on  minimum  standards  on  procedures  in  Member  States  for  granting  and 
withdrawing refugee status. OJ L 326, 13.12.2005, p. 13. EP legislative observatory, inter-institutional 
reference COD(2009)0165 

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fingerprints86. The revised Asylum Procedures Directive will lead to fairer, quicker and better 
quality asylum decisions, and the special needs of vulnerable people will be better taken into 
account  and  in  particular  there  will  be  greater  protection  of  unaccompanied  minors  and 
victims  of  torture.  The  revised  EURODAC  Regulation  will  furthermore  allow  law 
enforcement  access  to  the  EU  database  of  the  fingerprints  of  asylum  seekers  under  strictly 
limited circumstances in order to prevent, detect or investigate the most serious crimes, such 
as murder, and terrorism.  

Once these CEAS measures are effectively implemented, the EU will have a comprehensive 
asylum system in place, providing common procedures and a uniform status for those granted 
asylum  or  subsidiary  protection  across  the  EU  with  sufficient  safeguards  in  place  to  tackle 
misuse.  These  measures  are  also  aimed  at  ensuring  that  the  fundamental  rights  of  asylum 
seekers  are  protected,  in  particular  the  principle  of  non-refoulement  and  the  right  to  an 
effective remedy before the courts. 

IV.2.  Promoting Practical Cooperation and Intra-EU Solidarity 

There  was  intense  debate  on  intra-EU  solidarity  on  asylum  at  EU  level  with  strategic 
documents adopted by the European Parliament87 and the Council88 and Opinions by both the 
Committee of the Regions89 and the European Economic and Social Committee90. There was 
support  for  the  broad  lines  of  the  Commission’s  strategy  set  out  in  the  Communication  on 
Intra-EU Solidarity in the field of asylum91. The strategy is based on furthering mutual trust 
and  the  parallel  development  of  a  variety  of  tools  which  can  respond  to  the  different  needs 
and  situations  of  Member  States.  These  tools  and  frameworks  can  succeed  in  practice  only 
with the full engagement of Member States’ authorities together with the European Asylum 
Support Office (EASO).  

Member States' engagement in solidarity measures faced a particular test on three occasions 
during  2012,  namely  in  relation  to  the  Greek  National  Action  Plan  on  Asylum  and 
Migration92, the conflict in Syria and the relocation of beneficiaries of international protection 
within  the  EU,  notably  via  the  EUREMA  II  project.  All  three  demonstrated  the  need  to 
develop further the implementation in practice of the solidarity commitments made. 

Implementation was the topic of an expert meeting on intra-EU solidarity held early in 2013. 
The  meeting  confirmed  that  there  is  still  scope  for  closer  practical  cooperation  between 
national authorities. For example, it showed that despite the widely recognised high quality of 
the European Asylum Curriculum, only a handful of Member States use it extensively. At the 
same time, several Member States' experts expressed readiness for more EU-level scrutiny of 
national  asylum  procedures  in  the  context  of  furthering  mutual  trust  through  a  coherent 
transposition of new asylum laws. As regards crisis prevention and management, the meeting 
identified  key  challenges  such  as  coordination  responsibilities  for  solidarity  actions  at  EU 
level, and contingency planning in asylum crisis situations. 

86 

87 
88 
89 
90 
91 
92 

Council Regulation (EC) No 2725/2000. OJ L316, 15.12.2000, p.1. EP legislative observatory link. EP 
legislative  observatory,  inter-institutional  reference  COD(2008)0242.  The  next  EURODAC  Annual 
Report will be published in the latter half of 2013. 
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-310 
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/130731.pdf  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2012:277:0012:0017:EN:PDF 
http://www.eesc.europa.eu/?i=portal.en.soc-opinions 
COM(2011) 835 final 
See  also  the  Commission's  Task  Force  for  Greece,  see  http://ec.europa.eu/commission_2010-
2014/president/taskforce-greece/.  

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IV.2.1.  A fully functioning European Asylum Support Office (EASO) 
The European Asylum Support Office93 plays a key role in implementing the CEAS, notably 
through  enhancing  practical  cooperation  and  co-ordinating  operational  support  among 
Member States94. EASO gained full financial independence in September 2012 and the main 
practical  asylum  cooperation  measures,  previously  managed  by  the  Commission,  were 
transferred to the Agency in 2012. While continuing to support the implementation of the EU 
Action  Plan  on  Migration  and  Asylum  in  Greece,  a  second  deployment  of  EASO  Asylum 
Support  Teams  took  place,  this  time  in  Luxembourg  and  provided  help  in  training  newly 
recruited  staff.  EASO  increasingly  acts  as  an  information  provider,  with  the  goal  of  taking 
preventive  actions  and  addressing  specific  concerns  before  they  develop  into  crises.  The 
Agency is dependent on Member States' resources to perform its duties, and Member States 
are also urged to increase their support and contribution to other EASO-led projects, such as 
the European Asylum Curriculum and the Country of Origin activities. 

The partnership between the European Commission and EASO will be further strengthened in 
2013,  when  the  agency  will  become  a  crucial  partner  in  the  implementation  of  the  new 
legislation. There will be a first evaluation of EASO in 2013, in line with the Communication 
on  Intra-EU  Solidarity95.  The  Commission  will  also  work  with  EASO  to  fully  adopt  the 
measures envisaged in the Joint Statement on Decentralised EU Agencies96. 

IV.2.2.  Asylum Support to Greece 

The Commission, along with EASO and other stakeholders, took steps to support Greece in 
improving its asylum system. This included missions on the ground, the provision of targeted 
funding and the deployment of EASO Asylum Support Teams and experts on implementing 
EU funding.  

Positive developments included a new independent asylum service, the setting up of measures 
for  addressing  the  backlog  such  as  appeal  committees  and  a  special  task  force.  Funding, 
totalling  some  EUR  19.95M  for  the  period  2011-2013,  has  been  provided  to  support  these 
efforts via the European Refugee Fund, with some EUR 3.2M allocated in 2013 alone97.  

Whilst clearly welcoming these developments, the Commission considers that there are still 
gaps and further work will be needed, particularly as regards the respect of human rights in 
detention facilities, increasing access to the asylum procedure and increasing the availability 
of open reception facilities. The Commission will continue to work with the Greek authorities 
in order to prioritise and then facilitate the swift implementation of the action plan. Continued 
support  and  solidarity  from  other  EU  Member  States  is  also  necessary.  The  importance  of 
continued  vigilance  in  this  respect  is  borne  out  by  the  implications  for  the  entire  European 
asylum system of the judgement of the Grand Chamber of the Court of Justice of the EU in 
Joined Cases C-411/10 and C-493/1098. 

93 

94 

95 
96 

97 

98 

EASO also launched its official website in 2012, see http://easo.europa.eu, as well as published its first 
Annual Report in June 2012.  
EASO's Annual Report, to be published mid-2013, will provide more details of its various activities in 
2012. 
COM(2011) 835 final 
http://ec.europa.eu/commission_2010-
2014/sefcovic/headlines/news/2012/07/2012_07_17_joint_agreement_agencies_en.htm  
For the period 2011-2013, Greece was also allocated an amount of EUR 97.9M for the Return Fund and 
€129.7M for the External Borders Fund. In 2013 alone, the amounts allocated are EUR 35.3M and EUR 
44M respectively. The EUR 19.95 M includes EUR 7.7M under the European Refugee Fund emergency 
funding. 
Joined 
C-493/10 
C-411/10 
http://ec.europa.eu/dgs/legal_service/arrets/10c411_en.pdf 

Others) 

(N.S., 

Cases 

M.E. 

and 

and 

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IV.2.3.  Protection for those fleeing from Syria 

Migration as a consequence of the conflict in Syria is an important challenge for the asylum 
systems of some Member States. The vast majority of the almost 600 000 Syrians who fled 
their country during 2012 went to Jordan, Turkey, Lebanon and Iraq99, with approximately 23 
770100  requesting  asylum  in  the  EU.  Of  those,  most  applied  in  Germany  and  Sweden 
(approximately  33%  of  total  each),  with  other  Member  States  only  marginally  affected. 
Though  these  numbers  were  not  high  enough  to  destabilise  the  asylum  systems,  especially 
since the assessment of claims could be made rapidly especially in Germany, it became clear 
that  there  was  nevertheless  a  need  for  greater  preparedness  given  the  unpredictable 
developments. 

Starting  in  August  2012,  the  Commission  set  up  a  network  with  the  relevant  Agencies 
(EASO,  Frontex,  Europol)  for  regular  information  exchanges  in  order  to  coordinate  action. 
This  mechanism  of  coordination  between  the  European  Commission  and  EU  Agencies  is  a 
blueprint to ensure a better overall monitoring of the situation at the EU's external borders and 
of  its  asylum  systems.  This  will  facilitate  the  activation  of  support  instruments  in  a  timely 
manner,  including  via  the  early  warning  mechanism  envisaged  in  Article  33  of  the  revised 
Dublin Regulation. 

IV.2.4.  Relocation within the EU 

Relocation of beneficiaries of international protection continues to be one of the most tangible 
acts  of  solidarity  available  to  Member  States wishing  to  relieve  pressures  on  other  Member 
States' asylum systems. It also remains one of the most controversial. While the EUREMA II 
project101, which started in 2012, has been extended until the end of 2013, there continues to 
be difficulties in relocating beneficiaries from Malta to certain participating Member States. 
According  to  EASO  and  to  information  supplied  to  the  Commission  by  UNHCR,  IOM  and 
the  Maltese  Government,  the  reasons  for  this  vary  from  the  sometimes  restrictive  criteria 
applied  by  Member  States  for  selecting  beneficiaries  for  relocation,  to  perceptions  by 
beneficiaries that family reunification and integration prospects in the Member State offering 
to relocate them could cause them difficulties. 

IV.3.  EU's  external  asylum  dimension  –  Regional  Protection  Programmes  and 

Resettlement 

Solidarity  should  not  stop  at  the  EU's  borders,  and  third  countries  should  likewise  benefit 
from  EU  support  in  international  protection.  Within  the  framework  of  the  GAMM,  the  EU 
should increase cooperation with relevant non-EU countries in order to assist in strengthening 
their protection systems and to ensure compliance with international standards, as well as to 
show  solidarity  with  the  refugees  and  other  persons  in  need  of  protection  throughout  the 
world. Regional Protection Programmes (RPPs) and resettlement are key instruments towards 
this goal, in parallel with the EU's on-going cooperation with third countries at both bilateral 
and multilateral level. 
In  addition  to  work  on  existing  RPPs102,  and  following  a  call  from  the  Justice  and  Home 
Affairs  Council103,  the  Commission  is  responding  to  the  on-going  conflict  in  Syria  and  the 

99 
100 
101 

102 

http://data.unhcr.org/syrianrefugees/regional.php, Number as of early January.2013. 
Data for December not available for all Member States. No data available for NL.  
The  first  EU  Relocation  from  Malta  (EUREMA)  project  relocated  227  beneficiaries  of  international 
protection from Malta in 2010-11. For EUREMA II, 97 places were initially pledged plus a further 265 
bilateral pledges outside the project. Over the course of 2012, 105 persons were relocated either through 
EUREMA II or the accompanying bilateral arrangements. 
The  Commission  has  been  also  very  active  in  supporting  the  development  of  RPPs  in  North  Africa 
(included Egypt, Tunisia). 

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refugee  situation  in  neighbouring  countries  by  setting  up  during  2014  a  Regional 
Development and Protection Programme in the Middle East, complementary to the immediate 
humanitarian assistance already being provided. 

The  Commission  is  also  providing  financial  support  to  the  UNHCR  to  support  efforts 
enabling  refugees  in  countries  neighbouring  Syria  to  be  properly  registered  and  thus  gain 
access to protection. The support includes assisting the local authorities with the provision of 
transport  from  border  crossing  points,  providing  the  necessary  equipment  and  supplies,  as 
well  as,  wherever  necessary,  providing  training  and  familiarising  non-governmental 
organisations,  officials,  and  other  stakeholders  with  the  basic  principles  of  international 
protection. 

The  resettlement  of  refugees  from  outside  the  EU  continues  to  be  a  key  act  of  solidarity 
between  the  EU  and  its  Member  States  with  third  countries  that  are  hosting  large  refugee 
populations. The Commission's goal is to ensure that more refugees are resettled each year by 
more  Member  States,  while  respecting  the  voluntary  nature  of  resettlement.  In  reaching 
agreement on the Joint EU Resettlement Programme104 under the European Refugee Fund in 
March 2012, Member States agreed, for the first time, on specific common EU resettlement 
priorities  for  2013105.  This  gives  a  strong  political  signal  of  unity  and  solidarity  with  the 
international community and refugees in need of a sustainable solution and is an expression of 
the importance that the EU and the Member States attach to directing the Union's resettlement 
efforts  towards  protracted  situations  that  need  special  attention  and  increased  efforts.  The 
outlines of the Union Resettlement Programme from 2014 onwards are under negotiation as 
part of the new Asylum and Migration Fund. 

IV.4.  Unaccompanied Minors 

Unaccompanied minors, including also those who do not apply for asylum, form a vulnerable 
group  that  continued  to  receive  much  attention  in  2012.  The  mid-term  report106  on  the 
implementation of the Action Plan on Unaccompanied Minors (2010-2014) 107 highlighted the 
need  to  improve  data  collection,  prevent  unsafe  migration  as  well  as  trafficking  in  human 
beings, to provide for reception and procedural guarantees in the EU and to find sustainable 
solutions  to  address  this  persistent  phenomenon  effectively.  Integrating  specific  needs  of 
(unaccompanied)  minors  and  recognising  their  vulnerable  position  in  asylum  situations 
adequately,  remained  one  of  the  most  important  points  for  the  Commission  during 
negotiations on the Common European Asylum System instruments. 

EASO launched a number of initiatives on age assessment techniques and family tracing. The 
Commission  also  launched  a  call  for  proposals  for  projects  to  analyse  policies  and  identify 
best practices for the reception, protection and integration of unaccompanied minors108. 

IV.5.  Eradicating Trafficking in Human Beings and protecting victims of trafficking 

Strong cooperation between the EU and its Member States is needed to eradicate trafficking 
in human beings which is predominantly a cross-border phenomenon. Victims from outside of 
the European Union come mainly from Nigeria and China.  

103 
104 
105 

106 
107 
108 

October 2012. http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/133241.pdf.  
Decision 281/2012/EU of 29 March 2012. http://www.resettlement.eu  
Under this scheme, the participating Member States pledged to resettle 3 962 refugees in 2013. This is 
an increase compared with 2012 when 3 083 resettlement places were pledged. 
COM(2012) 554 final, and accompanying Staff Working Document SWD(2012)281. 
COM(2010) 213 final 
See 
programmes/pilot-project-unaccompanied-minors/index_en.htm.  

http://ec.europa.eu/dgs/home-affairs/financing/fundings/migration-asylum-borders/other-

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In 2012 there were several significant and dynamic developments in the EU's legal and policy 
framework  for  addressing  trafficking  in  human  beings.  In  June  2012,  the  Commission 
launched the integrated EU Strategy towards the Eradication of Trafficking in Human Beings 
2012-2016109,  putting  victims  at  its  heart  and  complementing  the  implementation  of  EU 
legislation on trafficking110. The Office of the EU Anti-Trafficking Coordinator, appointed in 
2011,  plays  a  key  role  in  monitoring  the  implementation.  In  October  2012,  the  European 
Council adopted Conclusions111 welcoming the strategy and reaffirming the political will and 
readiness of Member States to act on their policy commitments. The European Parliament, the 
European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions  have  also 
welcomed the Communication112. 

On the external dimension of trafficking in human beings, the second (and final) report on the 
implementation  of  the  Action-Oriented  Paper  (AOP)  on  strengthening  the  EU  external 
dimension on action against trafficking in human beings113 acknowledged that the EU strategy 
should  be  used  as  the  new  guiding  framework  for  the  external  dimension.  This  envisages 
concerted efforts to improve cooperation with third countries of origin, transit and destination. 
This is also in line with the Council Conclusions on the Global Approach to Migration  and 
Mobility114.  Trafficking  in  human  beings  is  a  topic  in  all  migration  and  mobility  dialogues 
conducted between the EU and its partners both at regional and bilateral level, as well as in 
Mobility Partnerships. The report included a specific list of countries and regions for further 
strengthening and streamlining such cooperation and partnership, which will be reviewed and 
updated at regular intervals. 

V. 

EU'S POLICY RESPONSE TO MIGRATORY PRESSURES  

V.1. 

A Coherent Approach to Reduce Irregular Migration 

Irregular migration continues to present challenges to the EU and Member States who are all, 
albeit  to  varying  degrees  and  circumstances,  affected,  as  are  migrants  themselves,  often  in 
dangerous  and  inhumane  conditions.  The  EU's  clear  aim  is  to  prevent  and  control  existing 
pressures deriving of irregular migration, as well as the misuse of legal migration routes. This 
is a pre-condition for a credible legal migration and mobility policy. 

On 23 April 2012, the Council adopted the 'EU Action on Migratory Pressures – A Strategic 
Response'115, highlighting six strategic priority areas of action: (I) Strengthening cooperation 
with  third  countries  of  transit  and  origin  on  migration  management;  (II)  Enhanced  border 
management  at  the  external  borders;  (III)  Preventing  illegal  immigration  via  the  Greek-
Turkish border; (IV) Better tackling of abuse of legal migration channels; (V) Safeguarding 
and  protecting  free  movement  by  prevention  of  abuse  by  third  country  nationals  and  (VI) 
Enhancing migration management, including cooperation on return practices. 

109 
110 

111 
112 

113 
114 
115 

COM(2012) 286 final 
Notably Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting 
its victims, OJ L 101, 15.04.2011,. The deadline for transposition is April 2013. 
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/133202.pdf.  
http://www.eesc.europa.eu/?i=portal.en.soc-opinions.23965 and 
http://toad.cor.europa.eu/corwipdetail.aspx?folderpath=CIVEX-V/035&id=21618 
http://register.consilium.europa.eu/pdf/en/12/st13/st13661-re03.en12.pdf.  
http://register.consilium.europa.eu/pdf/en/12/st09/st09417.en12.pdf.  
Council  document  8714/1/12  REV  1.  See:  http://register.consilium.europa.eu/pdf/en/12/st08/st08714-
re01.en12.pdf.  To  reflect  the  need  to  constantly  review  this  strategy,  each  Council  Presidency  has 
agreed to include this as part of their programme and update the "EU Action on Migratory Pressures – 
A  Strategic  Response",  regularly,  specifically  within  the  context  of  the  Strategic  Committee  on 
Immigration, Frontiers and Asylum (SCIFA).  

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The 'EU Action on Migratory Pressures – A Strategic Response' provides a tool allowing the 
EU  and  its  Member  States  to  address  irregular  migration,  while  ensuring  respect  for 
fundamental rights116. Implementing and following up its elements entails close cooperation 
between  the  institutional  actors  (Council,  Member  States,  the  Commission  and  relevant  EU 
Agencies),  each  in  accordance  with  their  respective  competencies  and  institutional  role117. 
The Commission staff working document accompanying this report features a progress report 
on Member State actions in these priority areas118. The strategic priorities need to be seen as 
part of the broader aspect of managing migration flows, incorporating all facets ranging from 
dialogues  with  third  countries,  as  part  of  the  GAMM  framework,  to  solidarity  actions  with 
Greece, down to actions undertaken by individual Members State within their borders.  

Those  who  employ  irregularly  staying  third  country  nationals  have  to  be  sanctioned.  The 
Commission  is  currently  assessing  Member  States'  transposition  of  the  Employer  Sanctions 
Directive119.  On  the  basis  of  this  evaluation,  the  Commission  will  publish  a  report  by  mid-
2014. Member States are requested to submit the required annual reports on inspections, due 
in July each year. 

V.1.1 

Identifying and tackling pressure points 

Frontex  plays  a  key  role  in  analysing  irregular  migration  routes  and  co-ordinates  actions  to 
tackle particular pressure points, such as the Greece-Turkey border at present. Pressure points 
may also build elsewhere, so it remains important to monitor developments continuously. As 
part  of  the  Greece  National  Action  Plan  on  Asylum  and  Migration,  positive  developments 
include  improvements  in  the  integrated  management  of  external  borders,  via  electronic 
surveillance  as  well  as  the  establishment  of  a  national  coordination  unit,  plus  an  effective 
return policy, which will focus on supporting voluntary returns and in cases where these are 
not possible, forced returns. 

V.1.2  Readmission agreements 

The  Commission  continues  to  promote  the  implementation  of  13  existing  EU  Readmission 
Agreements120  taking  into  account  the  Council  Conclusions  of  9-10  June  2011  on  the  EU 
strategy  on  readmission.  It  is  also  pursuing  its  efforts  as  negotiator  of  EU  readmission 
agreements.  New  Readmission  Agreements  were  concluded  with  Cape  Verde  in  April  2012 
and  with  Armenia  in  October  2012.  An  agreement  was  also  reached  with  Turkey  in  June 
2012,  which  is  now  awaiting  signature  and  ratification.  Negotiations  with  Azerbaijan  have 
progressed  at  a  steady  pace.  The  Commission  is  making  efforts  to  strengthen  guarantees  of 
fundamental  rights  protection  in  newly  negotiated  EU  readmission  agreements  with  third 
countries. 

A set of Recommendations of the expert meetings covering readmission inter alia , aiming to 
enhance  the  implementation  of  the  relevant  provisions  of  Article  13  (Migration)  of  the 
Cotonou  agreement121,  was  endorsed  at  the  ACP  Ministerial  Meeting  in  Vanuatu  in  June 
2012. 

116 

117 

118 
119 
120 
121 

E.g., the guidance document "Apprehension of migrants in an irregular situation – fundamental rights 
considerations" developed by the Fundamental Rights Agency in 2012 should be taken into account in 
apprehension practices.  
E.g.,  readmission  agreement  negotiations  are  undertaken  by  the  Commission  which  acts  in  strict  co-
operation with the Member States within appropriate Council groups. 
SWD(2013) 210 final, Section 4. 
Directive 2009/52/EC  
COM(2011) 76. 
http://ec.europa.eu/europeaid/where/acp/overview/cotonou-agreement/index_en.htm 

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Setting standards with a common Return Policy 

V.1.3 
By the end of 2012, all States bound by the Return Directive122, except Iceland, had notified 
full transposition to the Commission. The EU is thus now very close to having common return 
standards, in full respect of fundamental rights. The evaluation of the correct transposition of 
the  Return  Directive  into  national  legislation  has  been  completed,  and  is  currently  being 
followed-up by the Commission. A key 2012 judgment from the CJEU clarifies the extent to 
which  national  law  provisions  criminalising  irregular  stay  are  compatible  with  the  Return 
Directive123. A Communication on return will be published by the end of 2013. 

In  2012,  52.1%  of  all  returns  carried  out  were  voluntary  returns  or  departures.  Voluntary 
return or departure remains the preferred option, although in some cases forced returns may 
be necessary. Member States should continue to make full use of the possibilities offered by 
the  Voluntary  Return  European  Network  (VREN)124,  as  well  as  funding  from  the  European 
Return Fund. The use of joint return flights should be further promoted, making full use of the 
Return Fund and Frontex coordination125. Procedural safeguards as prescribed by the Return 
Directive, including the presence of forced return monitors, need to be reinforced. 

Member States are frequently confronted with significant numbers of third-country nationals 
who  cannot  be  returned  in  practice,  even  though  a  return  decision  has  been  taken.  A 
comparative study126 carried out for the Commission found that a number of Member States 
envisage  channels  and  conditions  through  which  persons  with  a  postponed  return/removal 
order may enter a regularisation procedure, provided they fulfil certain conditions, such as a 
minimum length of stay, co-operation and absence of public order concerns. The Commission 
is currently reviewing the findings from this study and will propose possible actions as part of 
its Communication on return. 

V.1.4 

Tackling misuse of visa liberalisation 

The Commission, with the assistance of EASO and Frontex, continues to monitor the effects 
of  new  visa-free  regimes  via  the  so-called  post  visa  liberalisation  monitoring  mechanism. 
Negotiations also continued on the proposed amendments127 to Regulation 539/2001128. This 
revision  to  the  Regulation  would  introduce  a  new  visa  suspension  and  revised  reciprocity 
mechanisms as a last resort in cases when introducing a visa-free regime results in a sudden 

122 
123 

124 
125 

126 

127 
128 

Directive 2008/115/EC 
Most  notably,  Case  C-430/11  (Sagor)  further  clarified  the  extent  to  which  national  law  provisions 
criminalising irregular stay must not undermine the common standards of the Return Directive. In this 
case,  the  Court  ruled  that  Member  State  legislation  which  allows  ilrregular  stays  by  third  country 
nationals to be penalised by means of a home detention order is compatible with the common standards 
of the Return Directive only if that order comes to an end as soon as the physical transportation of the 
individual concerned out of that Member State is possible. This ruling further refines the CJEUs case 
law  on  this  issue  basing  itself  on  the  case  law  already  established  in  cases  C  61/11  (El  Dridi)  and  C 
329/11 (Achoughbabian) according to which national law provisions criminalising irregular stay, must 
be proportionate and must not delay the return procedure.  
http://www.vren-community.org/  
In  2012,  Frontex  co-ordinated  a  total  of  39  joint  return  flights  for  2  110  returnees.  Twenty  Member 
States  (AT,  BE,  BG,  DE,  EL,  ES,  FI,  FR,  HU,  IE,  IT,  LU,  MT,  NL,  PL,  RO,  SE,  UK)  and  two 
Schengen  associated  countries  (CH,  NO)  participated  in  these  flights.  Countries  of  return  were 
Armenia, Colombia, Ecuador, Georgia, Ghana, Gambia, Kosovo(*), Nigeria, Pakistan, Serbia, Ukraine 
and  Uzbekistan.  (*  This  designation  is  without  prejudice  to  positions  on  status,  and  is  in  line  with 
UNSCR 1244/1999 and the ICJ Opinion on the Kosovo Declaration of Independence.) 
Available 
11.3.2013 
library/documents/policies/immigration/return-readmission/index_en.htm  
COM(2011) 290 final 
OJ L81, 21.3.2001, p.1.  

http://ec.europa.eu/dgs/home-affairs/e-

on 

as 

of 

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and substantial rise in irregular migration or unfounded asylum applications. Agreement has 
not yet been found on the reciprocity mechanism. 

V.2. 

Effective Border Management 

V.2.1  EU's External Borders 

Frontex  continues  to  play  an  essential  role  in  facilitating  operational  cooperation  between 
Member States on border security and return. The implementation of its revised Regulation129, 
which entered into force in December 2011, must now be a main priority for the Agency, in 
particular  making  active  use  of  the  appointed  Fundamental  Rights  Officer  and  the 
Consultative  Forum  on  Fundamental  Rights.  The  Commission  welcomed 
the  EU 
Ombudsman's public consultation on Frontex and fundamental rights130.  

Following annulment by the CJEU of Council Decision 2010/252/EU in relation to guidelines 
on  search  and  rescue  operations131,  the  Commission  presented  a  proposal132  in  April  2013 
replacing this Decision and taking on board a landmark judgement of the European Court of 
Human Rights rendered in 2012133.  

In  close  coordination  with  Frontex  and  the  Member  States,  the  Commission  continued  to 
develop the European Border Surveillance System (EUROSUR), due to become operational 
in October 2013. The Regulation establishing the system is expected to be adopted in the first 
half of 2013 and the European Council and Parliament are urged to support this schedule. In 
order to have a comprehensive set of tools for managing the EU's external borders, with state-
of-art technology the Commission adopted the "Smart Borders package" in February 2013.  

Schengen Governance 

V.2.2 
As  announced  in  its  2011  Communication  on  Migration134,  the  Commission  published 
guidelines135, as part of the first biannual report on the functioning of the Schengen area136, to 
ensure  a  coherent  implementation  and  interpretation  of  rules  governing  the  Schengen  area. 
Two  areas  were  identified  in  which  such  guidelines  could  have  an  added  value:  issuing  of 
temporary residence permits and travel documents to non-EU citizens plus police measures in 
the internal border zones. In regard to the latter, Member States are invited to ensure that their 
national legislation and practises are in line with relevant provisions of the Schengen acquis 
and the jurisprudence of the CJEU137. 
The  legislative  proposals  proposed  in  2011138  for  enhanced  Schengen  governance  were 
intensely discussed throughout 2012 in the Council and the EP; discussions continue in 2013. 

VI. 

CONCLUDING REMARKS 

Migration has been and will be a part of what makes the EU. As shown in this report much 
has been achieved recently and the years to come will bring new challenges that will need to 

129 
130 
131 
132 
133 
134 
135 
136 

137 
138 

Regulation (EU) No 1168/2011 of 22.11.2011. 
http://europa.eu/rapid/press-release_EO-12-14_en.htm?locale=en.  
Decision on Case C-355/10 of 5 September 2012 
COM(2013) 197 
ECtHR, Hirsi Jamaa and Others v. Italy [Grand Chamber], No. 27765/09, 23 February 2012 
COM(2011) 248 final 
Annex to COM (2012) 230 
COM (2012) 230. This first report covered the period 1.11.2011 – 30.4.2012 and was discussed by the 
JHA Council on 7 June 2012 and by the European Parliament on 4.7. 2012. The second report (COM 
(2012)  686),  covering  1.5–31.10.2012,  was  adopted  on  23.11.2012,  debated  by  the  JHA  Council  6-
7.12.2012 and by the European Parliament on 18.12.2012.. 
In particular the judgment in Case C-278/12. 
COM(2011)  559  (Link  to  EP  legislative  observatory)  and  COM  (2011)  560  (Link  to  EP  legislative 
observatory.) 

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be  addressed.  The  increasing  number  of  incidents  of  xenophobic  violence  against  migrants 
across the EU is alarming. With well-managed migration and integration policies, the EU can 
actively contribute to counter such attitudes. 

Europe  should  welcome  diversity  and  make  migration  a  dynamic  force  for  growth  and 
progress. To attract the talents and entrepreneurs that Europe needs, the EU must keep pace 
with its global competitors. In support of the objectives of the EU 2020 Strategy, conditions 
need to be created for a forward-looking and comprehensive labour migration policy and to 
allow economic activity to thrive in a stable and secure environment. This includes working 
on  a  more  modern  and  efficient  management  of  traveller  flows  at  its  external  borders, 
reinforcing  well-managed  legal  immigration  and  integration  policies  and  simultaneously, 
stepping  up  the  fight  against  irregular  migration  and  trafficking  in  human  beings  while 
ensuring  throughout  that  the  fundamental  rights  of  immigrants  and  asylum  seekers  are 
guaranteed. This implies that co-legislators give the necessary priority to the adoption of the 
legislative  packages  on  the  table.  It  implies  also  that  a  more  pro-active  monitoring  by  the 
Commission of the implementation of the migration acquis is needed.  

Development  of  immigration  and  asylum  policies  cannot  be  done  without  the  necessary 
budgetary support. There is still a need to ensure that the overall framework for the European 
Union's budget for the period 2014 to 2020 is agreed and effectively put in place. Agreement 
on  the  Asylum  and  Migration  Fund  Regulation  and  the  Internal  Security  Fund  Regulation 
proposals  should  be  found  urgently  so  that  necessary  measures  can  be  put  in  place  for  the 
beginning of 2014. The Commission will hold 'policy dialogues' with Member States and, as 
regards some parts of the Internal Security Fund, the Schengen associated states, prior to the 
negotiations  on  their  multiannual  programmes.  The  policy  dialogue  should  lead  to  a  better 
focus on objectives, results and impacts. In the meantime, Member States are called upon to 
make full use of the funds that are currently available, to support the implementation of EU's 
migration policy. 

The  Commission  looks  forward  to  further  debates  on  the  basis  of  this  report,  both  in  the 
European Parliament and the Council.  

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