COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL 5th Annual Report on Immigration and Asylum (2013)
Date: 2014-05-22
Institutions: European Commission
Subjects: EU migration policy, European Union Agency for Asylum, European cooperation, equal treatment, external border of the EU, return migration, right of asylum, trafficking in human beings













EUR-Lex - 52014DC0288 - EN











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52014DC0288

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL 5th Annual Report on Immigration and Asylum (2013) /* COM/2014/0288 final */









COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN
PARLIAMENT AND THE COUNCIL
5th
Annual Report on Immigration and Asylum (2013)
1.           Introduction
The
year 2013 saw a much more significant increase in the number of asylum
applications than had been witnessed for several years. There was also a sharp
increase in the number of cases of persons detected crossing borders
irregularly compared to 2012. This showed the need to take action at EU level
to support Member States tackle the challenges of responding to migratory
pressures, in full respect of migrants' fundamental rights. The tragic events
on 3 October off the Italian island of Lampedusa, when a boat with over 500
migrants on board sank, and more than 360 persons died, marked a tragic
milestone in the debate on migration and asylum in the European region. This
was not an isolated incident. 40 000 persons are estimated to have arrived to Europe in 2013 via maritime routes, and of those, at least 600 are thought to have lost
their lives in the attempt of reaching the EU's shores[1].

A Task
Force Mediterranean (TFM) was set up to develop a comprehensive
strategy to prevent further losses of lives in the Mediterranean, and to
identify priority actions for a more efficient short term use of European
policies and tools, based on the principles of prevention, protection and
solidarity. The TFM defined a wide range of measures for the whole
Mediterranean area, set out in a Communication[2]
adopted by the Commission on 4 December 2013. These include
cooperation with third countries, enhancement of legal channels for migration,
a clear commitment on resettlement, further steps to tackle trafficking in
human beings and human smuggling and the reinforcement of border surveillance.
The Communication stressed the need to provide operational support to Member
States (MS) under pressure. The December European Council welcomed the
Communication and invited the Commission to report back on its implementation.
But
the tragedy of Lampedusa did not happen in a policy vacuum. The exacerbation of
the conflict in Syria with the registered number of refugees from Syria reaching more than 2.3 million early 2014[3],
intensified the call upon the EU and MS to further develop immigration, asylum
and external borders policies based on protection for migrants, and solidarity
between MS. In this regard, a significant achievement was the adoption of the
completed Common European Asylum System, which sets out common high
standards and stronger cooperation to ensure that asylum seekers are treated equally
in an open and fair system throughout the EU.  2013 also saw important
developments on border management, notably on Schengen Governance and new
proposals on Smart Borders. 
Along
with the need to respond to crisis situations, the EU continued to be
confronted with the challenge to ensure economic recovery and growth.
Well-managed migration can contribute to boosting the economy, gaining access
to needed skills and addressing labour market shortages. 
EU
action must also be seen in the wider political context of the EU relationship
with respective partner countries and regions. The European Neighbourhood
Policy (ENP)[4]
and the Global Approach to Migration and Mobility (GAMM)[5]
provide the framework for enhancing comprehensive dialogue and cooperation with
partner countries on migration and mobility, with a view to, inter alia,
address the root causes of irregular and forced migration, prevent dramatic
incidents, protect migrants' lives and their fundamental rights.
Building
on both the GAMM and the EU development policy – the Agenda for Change – the EU
policy framework for migration and development was revised through the
Communication on Maximising the Development Impact of Migration[6]
and subsequent Council conclusions[7],
stressing the role of effective migration governance in enhancing positive
synergies between migration and development, and reinforcing the EU’s
commitment to supporting developing countries strengthen migration governance.
2013
also saw important steps forward in setting the priorities and securing the EU
funding for actions in the field of asylum, migration and integration, with the
completion of negotiations on the Multi-annual Financial Framework 2014-2020.
The Regulation establishing the new Asylum, Migration and Integration Fund (AMIF)
and the new Internal Security fund (ISF) were approved by the European
Parliament on 13 March 2014[8].

This
report summarises the Commission's assessment of EU level policy developments
on immigration and asylum in 2013. It is complemented by a staff working
document[9]
providing more information and statistics on developments at both EU and Member State levels, the latter collected by the European Migration Network[10].

2.           key figures of EU
migration in 2013[11]

At the beginning
of 2013, the EU population was 503 million, of which 20.4 million were
third-country nationals, corresponding to 4% of the total population. In 2012,
2.1 million first residence permits were issued to third-country nationals[12].
Of these, 32% were given for family reasons, 23% for remunerated activities,
22% for study and 23% for other reasons (including international protection).
The countries whose nationals were given the highest number of first permits
are: United States of America with 200 000 third-country nationals representing
9.5% from the EU total followed by Ukraine, China and India  with around 7.5%
from EU total (163 000, 161 000 and 157 000). Significant number of permits
(between 5% and 2.5% from EU total) were issued to nationals from Morocco (102 000), Russia (66 000), Philippines (62 000), Turkey (59 000) and Brasil (51 000).
The total number
of asylum applications in 2013 amounted to 434 160, which represents a strong
increase of around 100 000 applicants compared to the previous year. The
largest group of applicants came from Syria (50 470 i.e. 12% of all
applicants), with other significant countries being Russia, Afghanistan, Serbia Pakistan and Kosovo. Out of all applicants, 112 730 received
protection at first instance (refugee: 49 510, subsidiary protection: 45 540 or
humanitarian[13]:
17 685), around 35% of all first instance decisions taken[14].
The vast
majority of the more than 2.3 million persons who fled Syria since the outbreak
of the conflict in 2011 found shelter in Lebanon, Turkey, Jordan, Iraq and
Egypt[15],
with some 82 730[16]
requesting asylum in the EU[17].
The
number of unaccompanied minors applying for international protection stayed the
same as in 2012, with 12 425 applications submitted. Coming mostly from Afghanistan (3 310), Somalia (1
580), Syria (1 010) and Eritrea (715), the majority of these children were
received by Sweden, Germany, the UK, Austria and Italy. 
Statistics on
irregular migration are likely to be incomplete or are affected by reliability
weaknesses, due to the nature of the phenomena they intend to capture.
Nonetheless, 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 2013,[18]
some 317 840 persons were refused entry to the EU, which consitutes a slight
increase of 0.6% from 2012, with the vast majority (61%) being refused in Spain.
The number of apprehensions decreased, with 386 230 persons apprehended in 2013[19]
(compared to 433 665 in 2012). In 2013 Member States returned around
166 470 non-EU citizens to third countries[20]. Quarterly
Reports from Frontex[21]
have also served to inform policymakers, in a timely manner, of the situation
at the EU's external borders: in 2013 (January-September), 77 140 persons
have been intercepted while crossing illegally the EU borders, with a
significant increase from July affecting strongly the Italian coast, in
particular due to the worsening of the Syrian crisis.
3.           efforts to enhance
International Protection   
3.1.        A major achievement: agreement on the Common European
Asylum System 
The year 2013 was important for the
advancement of the Common European Asylum System (CEAS). Negotiations on the
recast Dublin[22]
and Eurodac[23]
Regulations and on the recast Reception Conditions[24]
and the Asylum Procedures[25]
Directives were finalised, and texts were adopted on 26 June 2013[26].
The recast Directive on standards for the qualification as beneficiaries of
international protection[27]
and the extended scope of the Long term Residents Directive[28]
to also include beneficiaries of international protection became operational.
The CEAS will provide better access to the asylum procedure for those who seek
protection; fairer, quicker and better quality asylum decisions; and dignified
and decent conditions both for those who apply for asylum and those who are
granted international protection within the EU. Over the next years, emphasis
will be put on uniform implementation of the new asylum instruments across the
EU. 
3.2.        Practical Cooperation and
Intra-EU Solidarity
3.2.1.     The European Asylum Support
Office (EASO) 
EASO[29]
continued to contribute to the development of practical cooperation initiatives
in the field of asylum. In 2013, 2 111 officials were trained in the modules
included in the EASO Training Curriculum[30].
EASO's activities included assistance to MS in enhancing the quality of the
asylum procedures with a particular focus on access to protection, personal
interview, evidence assessment, and family tracing. As regards Country of
Origin Information (COI), the agency published a report on the Western Balkans[31]
and held several workshops on Syria, Russia and other key countries of origin
of asylum applicants. The so-called "network approach" was further
developed, establishing networks of experts from MS who have regular contacts
with key countries of origin in order to share information and contribute to
harmonising decisions at EU level. 
EASO continued
to provide assistance to Greece, and activated a special support plan for Italy and Bulgaria due to the difficulties these countries faced in managing their asylum
applications. The agency also developed actions in the field of relocation,
resettlement and the external dimension of the CEAS. The second "Annual
Report on the Situation of Asylum in the Union 2012[32]"
published in July 2013 provided a state of play of the implementation of the
CEAS and an analysis of asylum flows towards the EU. 
3.2.2.     Emergency funding and
asylum support to Member States
Following the
tragedy of Lampedusa, the Commission provided special support to the Italian
authorities to help manage the migratory flows and better monitor the central
Mediterranean route with a view to improve border surveillance and save lives.
Frontex operations have been strengthened with an additional budget of EUR 7.9
million while Italy received emergency allocations under the European Refugee
Fund (ERF)[33],
the External Borders Fund (EBF) and the Return Fund (RF) for a total of EUR 23
million. 
In addition,
other 8 MS[34]
benefitted in 2013 from emergency measures under the ERF for a total amount of
EUR 36.34 million[35]
which were dedicated to respond promptly to the consequences from the Syrian
crisis.
In 2013 Greece received EUR 82.7 million[36]
from the ERF, the RF and the EBF. The revised Greek Action Plan on Migration
and Asylum Reform, presented in January 2013[37],
is the current point of reference at EU level for addressing emergency
migration pressures and systemic deficiencies.[38]
  Greece has shown political will to improve its asylum system and migration
policies. A political agreement was reached on
increasing the open accommodation capacity for asylum seekers and vulnerable
persons. The access to the asylum procedure has improved with the establishment
of new Regional Asylum Offices.  The First Reception Centre in Fylakio Evros
and Screening Centres in the North Aegean islands (Lesvos, Chios and Samos) are now operational. Finally, six old detention centres, inadequate to host migrants
in humane conditions, were closed down. Whilst clearly welcoming these
developments, the Commission considers that further work is needed,
particularly as regards the respect of human rights, the continuous provision
of services and living conditions in detention facilities. The Commission,
including the Task Force on Greece, will continue to
work with the Greek authorities in order to facilitate the effective
implementation of the action plan. Continued support and solidarity from other
MS is also necessary. 
The
Commission carried out missions to discuss with Cyprus the need to improve its
asylum system, and in particular to increase open accommodation capacities and
improve reception conditions. In this context, the EUR 2.7 million total ERF
allocations for both 2012 and 2013 will be mainly invested towards the
amelioration of reception conditions. Cyprus also benefitted from the 2013 ERF
emergency measures stated above. 
As a result of a
sharp increase of the number of migrants crossing the Bulgarian-Turkish border
and persons applying for international protection, the Bulgarian authorities
requested assistance from, among others, the EU. In October 2013, the
Commission, supported by EASO and Frontex, carried out an assessment and
identified two main areas of concern: reception and accommodation capacity; and
the capacity to process increased numbers of requests. To address these
shortcomings, EASO and the Bulgarian authorities signed an Operational Plan,
running until September 2014. Bulgaria was assisted by teams of experts
seconded from other MS and received EUR 5.65 million under the emergency
envelope of the ERF to enlarge and enhance its accommodation capacity. EUR 2.4
million has been awarded under the EBF to help the Border Police identify and
register new arrivals, improve accommodation capacities, support costs of
internal transportation of migrants, maintain border control and survey
technical equipment.
3.2.3.     Relocation within the EU
The
first annual Relocation Forum of 25 September 2013[39]
was an opportunity for MS to discuss with the Commission both their needs for
relocation and their intentions as regards future relocation activities. The
Communication on the work of the TFM also recalled the importance of relocation
as a key instrument for voluntary solidarity.
3.3.        Regional Protection
Programmes and Resettlement
The
inclusion of international protection and the external dimension of asylum as a
specific thematic priority of the revised GAMM in 2012 has allowed these issues
to be addressed in a more systematic and strategic manner through the policy
dialogues and operational cooperation. One example is the establishment of a
national asylum system which is one of the main commitments made by Morocco in the context of the EU-Morocco ENP Action Plan and the Mobility Partnership,
signed in June 2013. 
Migration
as a consequence of the conflict in Syria remained an important challenge for
the asylum systems of some MS (Bulgaria, Greece, Cyprus), with others
witnessing an increase in the number of asylum requests. 
Regional
Protection Programmes (RPPs) and resettlement are key instruments to enhance
solidarity with non-EU countries and to help refugees and other persons in need
of protection. The resettlement of refugees is an act of solidarity between the
EU MS and third countries that are hosting large refugee populations. The Commission's
goal is to ensure more refugees are resettled each year by more MS, while
respecting the voluntary nature of resettlement. In reaching agreement on the
Joint EU Resettlement Programme[40],
Member States agreed for the first time on common EU resettlement priorities
for 2013[41].
This gives a strong political signal of unity and solidarity and shows the
importance that the EU and the MS attach to directing the Union's resettlement
efforts towards protracted situations that need special attention.
In
2014 the Commission will finalise the launching of a Regional (Development) and
Protection Programme in the Middle East. The United Nations High Commissioner
for Refugees (UNHCR) called for some 12 000 places for the resettlement and
humanitarian admission of persons from Syria in 2013, and some 30 000 by the
end of 2014. The Commission supported this call and several MS[42]
responded by offering more than 13 100 places. 
The
EU policy framework for migration and development[43]
was also revised in 2013, and steps will be taken to fully integrate forced
migration into the development-migration agenda and ensure that refugees and
other forced migrants are included in long-term development planning, so as to
prevent future displacements and strengthen efforts to find durable solutions.
3.4.        Unaccompanied minors
Unaccompanied
minors form a vulnerable group that continued to receive much attention in
2013, with the focus being equally on those who apply for asylum and those who
do not. In September 2013 the European Parliament adopted a Resolution on the
situation of unaccompanied children in the EU, calling upon the Commission and
MS to increase efforts for the protection of this vulnerable group. EASO
continued its work on age assessment[44],
family tracing, and countries of origin. 
3.5.        Eradicating Trafficking in
Human Beings and fighting against smuggling
In April 2013
the Commission published the first statistics report on trafficking in human
beings at EU level[45].
23 632 people were identified or presumed victims of trafficking in the EU over
the 2008-2010 period; 80% of victims were women and girls, 20% men and
boys. The majority were trafficked for sexual exploitation (62%), followed by
forced labour (25%) and trafficking in other forms including for removal of
organs, for criminal activities or for selling of children (14%). 
The deadline for
transposing Directive 2011/36/EU[46] on
preventing and combating trafficking in human beings and protecting its victims
expired in April 2013. Whilst 21 MS have notified full transposition, the
Commission is pursuing infringements against those who have not done so. 
The TFM
Communication devotes a chapter to the fight against trafficking and smuggling,
which outlines concrete actions to be undertaken and stresses the necessity to reconcile
an effective fight against smuggling with the need to avoid criminalisation of
humanitarian assistance.
4.           Progress in dealing with
Migratory Pressures 
4.1.        Continuing the coherent
approach to reducing Irregular Migration 
In line with the
strategic priorities identified in the 3rd Biannual Update[47] 
of the "EU Action on Migratory Pressures – A Strategic Response"[48]
in 2013 several results were achieved. New readmission agreements were signed (Armenia, Cape Verde,   Turkey) and work continued to ensure the full implementation of existing
ones. The readmission agreement with Armenia entered into force on 1 January
2014, Readmission negotiations were completed with Azerbaijan and negotiations
opened with Belarus in February 2014.  Steps were undertaken to prevent
irregular migration via the Greek-Turkish border, also thanks to the active
involvement of Frontex, which continued its work in combating and preventing
irregular migration, with a special focus on the Western Balkans and Eastern Europe. A number of actions took place with the aim of gathering, analysing and
sharing data on fraud, and to share intelligence and best practices for
prevention between MS.  
4.2.        Return policy
A Communication
on the EU Return Policy[49]
was adopted in March 2014, reporting on the development of the EU return policy
over the last years, analysing its impact and presenting forward-looking ideas.

Considerable
progress was made in 2013 in the evaluation and promotion of a correct and
harmonised application of the Return Directive[50],
which promotes operational cooperation and provides a legal framework for the
conduct of return measures across the EU. A significant number of MS have
started or completed amending their national legislation to remedy identified
shortcomings. 
Voluntary
departure remains the preferred option to carry out returns, although in some
cases forced returns may be necessary. MS made increasing use of joint return
operations (JROs) coordinated and financed by Frontex. In addition Frontex
provided training for return officers focussing on safeguarding fundamental
rights and dignity of returnees during forced return operations. 
Member States
are encouraged to give an ambitious follow-up to the suggestions made by the
Commission in the Return Communication. Emphasis is put on the adoption of a
"Return Handbook" containing guidelines, best practices and
recommendations for authorities carrying out return related activities; an
enhanced information exchange between national forced return monitoring bodies
in order to foster a more harmonised conduct of monitoring; and the use of the
European Migration Network as a platform to facilitate cooperation, in
particular as regards voluntary departure.
4.3.        Employer Sanctions
Directive
In 2013 work
progressed on the assessment of the implementation of the Employers Sanctions
Directive[51].
The first Commission's report on the implementation of the Directive[52]
concludes that all MS bound by
it[53] 
prohibit the employment of irregular migrants, and punish their employers
through financial and criminal sanctions. A number of MS have made sanctions
tougher, for example by raising the amount of fines or the severity of criminal
sanctions, and the level of the sanctions varies considerably.
Not all MS have
yet implemented the protective elements in favour of the irregular migrants in
a satisfactory manner, leaving room for improvement notably on the right to
introduce a claim against an employer, effective mechanisms to do so, and the
systematic and objective information on rights.
Inspections are
the backbone to enforce the prohibition of illegal employment and to inform
irregular migrants about their rights. The inspections' reports communicated so
far are often not complete, nor easily comparable, rendering a meaningful
EU-wide synthesis of inspections and their results difficult. The information
collected suggests however that there are big gaps in enforcement efforts
between MS. 
Member States
are obliged to report on inspections each year before 1 July, and the
Commission will continue to monitor the measures taken to ensure that
effective, proportionate and dissuasive sanctions are applied across the EU and
that mechanisms to facilitate the enforcement of irregular migrants' rights are
in place. An effective enforcement of the Directive shall constitute an
incentive for the employers to recruit third countries nationals via legal
channels, for the benefit of the migrants, the employers and the MS. 
5.           new developments in
border management
5.1.        EU's external borders
5.1.1.     Update of the activities of
Frontex
As the migratory
pressure remained high on the EU's external borders in the course of 2013,
Frontex continued supporting and coordinating the operational response of MS,
notably through joint operations at the most affected land borders as well as
along the main maritime migratory routes, always with particular emphasis on
promoting best practices of border management and full respect of fundamental
rights. Whilst the primary objective of Frontex-coordinated joint operations at
sea is to prevent irregular entry across the external borders, they have aimed
also at early detection of migrants in distress and contributed to saving their
lives. In April 2013, the Commission presented a proposal[54]
for a regulation establishing rules for sea operations coordinated by Frontex.
Negotiations between the Council and the European Parliament have been
concluded and the Regulation will enter into force shortly.
5.1.2.     European border
surveillance system (EUROSUR) 
The
Regulation establishing the European Border Surveillance System[55]
entered into force on 2 December 2013[56],
making EUROSUR operational for the 19 Schengen Member States at the southern
and eastern external borders. The remaining 11 Schengen countries will join
EUROSUR on 1 December 2014[57].

EUROSUR is a multipurpose
system to detect and prevent cross-border crime, such as drug trafficking, as
well as to contribute to saving migrants' lives at the external borders of the
Schengen area. It provides a common mechanism for near-real time information
exchange and interagency cooperation in the field of border surveillance. All
national authorities with a responsibility for border surveillance are required
to coordinate their activities via national coordination centres with each
other, with other MS and with Frontex. The EUROSUR Regulation requires Member States and Frontex to fully comply with fundamental rights, in particular the
non-refoulement principle and personal data protection. 
This new
instrument constitutes also a cornerstone of the EU response to the tragedy of
Lampedusa, allowing monitoring of the sea border and better identification of
migrant's boats in distress. This should be harnessed further by making best
use of other existing systems such as the ones developed by the European Maritime
Safety Agency (EMSA).[58]
5.2.        Schengen Governance 
5.2.1.     Biannual reports on
Schengen area
The 4th
biannual report was adopted on 28 November 2013[59],
presenting  information on the overall picture (external borders, secondary
migratory flows, Schengen evaluation mechanism, EUROSUR and rules on Frontex
sea border operations),  on the application of the Schengen acquis (inter
alia occurrences of reintroduced control at internal borders and pending
infringement cases) as well as related issues such as the use of the Schengen
Information System, the Visa Information System, visa policy and readmission
agreements. 
5.2.2.     New Schengen evaluation
mechanism/Schengen governance
After long and
complex negotiation, the Regulation establishing an evaluation and monitoring
mechanism to verify the application of the Schengen acquis[60] 
was adopted on 7 October 2013.[61]
The new mechanism will allow monitoring the situation, providing for support,
and remedying weaknesses in order to maintain the mutual trust within the Schengen
area. Regulation 1051/2013[62]
provides for common rules on the temporary reintroduction of border control at
the internal borders for exceptional circumstances where the Schengen
evaluation mechanism identified persistent serious deficiencies at the external
borders. 
5.2.3.     Technical amendment of the
Schengen Borders Code
Long-time
expected, Regulation (EU) No 610/2013 modifying in particular the Schengen
Borders Code entered into force on 19 July 2013[63].
It improves the clarity and narrows the scope of different interpretations of
the Schengen Borders Code and responds to practical problems that have arisen
since the entry into force of the Code. It also introduces a clear and
harmonised definition of the calculation method of short stays for third-country
nationals in the Schengen area and new legal framework for bilateral agreements
establishing shared border crossing points at the external borders.
5.2.4.     Introducing Smarter Borders

Facilitating
border crossing of third country nationals to enter the EU is another way to
make the EU a more attractive destination. In February 2013 the Commission
presented a "smart border package", consisting of proposals for an
"Entry-Exit System (EES)[64]",
a "Registered Traveller Programme (RTP)"[65]
and subsequent amendments of the Schengen Borders Code, to speed-up, facilitate
and reinforce border check procedures for foreigners travelling to the EU. The
first discussion on the proposals in the Council was completed by early 2014.
The European Parliament also expressed preliminary views. The Commission
suggested carrying out a study (launched in March 2014) that will further
analyse certain underlying technical elements of the proposals. A pilot-scheme
– intended to be entrusted to eu-LISA – will test in 2015 both the detailed
design of the technical architecture and the underlying operational processes. 
5.3.        Visa Policy
In 2013
agreement was found between the co-legislators on a revised reciprocity
mechanism and the new visa suspension mechanism included in the Commission
proposal[66]
amending Council Regulation (EC) 539/2001[67],
which enabled its entry into force in January 2014. 
In early 2014
agreement between co-legislators was also reached on the Commission proposal
amending the visa lists of Council Regulation (EC) 539/2001. The amendment,
which provides for the transfer to the visa free list of 16 small Caribbean and
Pacific island nations, as well as the United Arab Emirates, Peru and Columbia,
is likely to enter into force in June 2014. The Commission proposal amending Regulation
(EC) No 539/2001 with a view to transferring the Republic of Moldova to the visa free list[68]
was approved by co-legislators early April 2014 and will enter into force at
the end of the same month. 
Revised visa
facilitation agreements (VFA) with Ukraine and the Republic of Moldova entered into force in July 2013. VFAs with Armenia and Cape Verde were concluded, and
the one with Armenia entered into force on 1 January 2014. A VFA with Azerbaijan was signed in November and for Morocco negotiating directives were adopted by the Council
in December.
On
1 April 2014 the Commission adopted a report on the implementation
of the Visa Code and a proposal for a revision to ensure that EU visa policy
contributes to fostering economic growth and cultural exchanges by facilitating
travel of legitimate travellers, such as business people, tourists, students
and young people, while continuing to ensure a high level of security for the
EU[69].
The roll-out of
the Visa Information System continued in 2013 to include eight additional
regions[70].
6.           Enhancing legal migration
Routes to Europe  
6.1.        Towards new EU rules on
legal migration
2013 was a year
of intensive negotiation on EU legislation on legal migration. A new Directive
on Seasonal Employment was agreed by co-legislators in November and adopted in
February 2014[71].
This is the first directive addressing mainly low-skilled migrants and circular
migration, i.e. migrants coming to the EU for short periods and going back to a
third country after the end of the contract. Once implemented into national law
by 30 September 2016, seasonal workers will enjoy equal treatment with
nationals of the host MS on terms of employment and working conditions, and MS
shall check these workers have access to appropriate accommodation. More
controls will reduce the risk of irregular employment and exploitation of
vulnerable groups.
Intensive
negotiations on the proposal for a Directive on Intra-corporate Transferees[72]
resulted
in political agreement early in 2014. The new Directive is expected to generate
economic growth by, on the one hand, bringing an added value to the existing EU
free trade agreements and, on the other hand, helping attracting new
investments to the EU. The agreement includes a workable system for intra-EU
mobility — which is of particular importance to this category of professionals
— and adequate rights and working conditions of intra-corporate transferees.
A new proposal[73]
for a recast Directive on the rules for the conditions of entry, residence and
rights of third-country national researchers, students, trainees, pupils,
volunteers and au-pairs, presented by the Commission in March 2013, has been
discussed extensively with the Council and the European Parliament. Compared to
existing rules, the proposal contains clearer admission conditions and
procedural guarantees, an increased coherence with EU mobility programmes, and
gives students more opportunities to seek work during and after their studies.
It also aims at providing better protection and to address certain rights to
equal treatment with nationals.
6.2.        Better implementation of
existing legislation
The Commission's
prepared its first report[74]
on Member States' implementation of the EU Blue Card Directive[75].
All participating MS have now transposed the Directive and can deliver Blue
Cards to highly skilled third-country national applicants. 
The first
available statistics[76]
reported in 2013 show that 3 664 Blue Cards were issued in 2012, of which 2 584
in Germany. 146 Blue Cards were renewed and 1 withdrawn. Together with the Blue
Card holders, 1 107 family members were admitted and 108 residence cards for
family members were renewed. Based on the currently available data, it is not
yet possible to draw final conclusions on the effectiveness of the scheme in
attracting highly qualified third country nationals to the EU. However, it
seems clear that the coexistence of national schemes for highly qualified
workers and the lack of information and communication on the Blue Card had an
impact on the low number of Blue Cards issued in some countries.
The Commission
continues its assessment of MS' implementation and will launch, if needed,
infringement procedures in relation to potential cases of non-conformity.
In follow-up to
the 2011 Green Paper on the right to family reunification[77],
the Commission adopted guidelines[78].
This Communication provides guidance to MS on how to better apply Directive
2003/86/EC[79].
It aims at clarifying the issues identified during the public consultation,
ensuring a transparent and clear understanding of family reunification rules at
EU level, and contributing to their coherent application.
In 2013, the
extension of the scope of the Long-term residents Directive[80]
to include also beneficiaries of international protection became operational,
however by the end of 2013 complete transposition was missing from 10 MS. Based
on complaints received, the Commission also pursued action against a number of
MS, which led to changes of national legislation in order to ensure proper
implementation. Efforts were devoted to identify priority areas needing closer
monitoring such as equal treatment for long-term residents and intra-EU
mobility rights. The Commission will continue to ensure that migrant's rights
are guaranteed and that the provisions and spirit of the Directive are fully
respected. 
In December, the
new on a single application procedure for a single permit and equal rights for
third country workers[81]
became applicable. By the end of 2013, full transposition had only been
notified by 8 MS. Infringements have been initiated against the other Member
States. When fully applied, this Directive will help counteract social dumping
and exploitation of third-country workers in the EU. It will ensure that
workers covered by the Directive, including those working on national permits,
will have the right to equal treatment compared to nationals with regard to
important aspects as conditions of work, access to goods and services, and
access to social security. 
6.3.        Legal migration as a tool
for growth
The EU has for
some time been facing significant challenges related to the lack of growth,
alongside the deepening of labour market shortages in certain areas, lack of
needed skills and an impact of an ageing population on productivity and
competitiveness. Several initiatives in 2013 looked at the contribution of
migrants to economic growth, and put forward evidence confirming the benefit of
a well-managed migration[82]
and trade related mobility. 
The
Entrepreneurship 2020 Action Plan[83],
identifying action to unleash Europe's entrepreneurial potential, remove
obstacles and revolutionise the culture of entrepreneurship, recognised that migrants
represent an important pool of potential entrepreneurs in Europe. 
6.4.        Better knowledge to
support migrants' integration 
In a context of
global economic crisis, third-country nationals were still significantly
affected by difficulties in accessing the labour market, lower performances in
education or risk of poverty and social exclusion. The EU indicators of
immigrant integration point to a worsening situation compared to EU citizens in
2013. For example, in 2013, 22% of third-country nationals were unemployed as
compared to the EU rate of 11% (in 2012 the rate was 21.3% as opposed to10.6% for
the EU). Four MS (AT, BE, DK and SE) received country-specific recommendations
on labour market integration of third-country nationals in the framework of the
2013 European Semester[84].
As regards poverty and social exclusion, available 2012 figures[85]
show that 44.3% of third-country nationals were at risk of poverty and
exclusion, as compared with 24.8% in the EU. 
Existing EU
indicators as an evidence base to inform integration policies, together with an
analysis of their limits and suggestions for improvements, were addressed in
the final report of an EU pilot project on indicators of immigrant integration,
which was coordinated by the Commission and carried out with the active
involvement of the Member States, civil society and the research community. The
report[86]
and the indicators, together with the recently published European Modules on
Migrant Integration[87],
continue to feed into a regular exchange on EU integration policy development,
in particular through the network of National Contact Points on Integration.
Attention
continued to be paid to the local and regional dimension. In June 2013 the
Commission launched, with the support of the Committee of the Regions, an
interactive map of integration practices at local and regional level on the
European Website on Integration[88],
offering a tool for a peer exchange of information on successful initiatives.
Local and regional practitioners were also invited to join the European
Integration Forum[89],
as part of the efforts to reinforce their involvement in policy developments on
integration. In its two annual meetings, the Forum addressed issues relating to
integration of young migrants and the democratic participation of migrants[90].

7.           Relations with Third
Countries
7.1.        UN High-level Dialogue on
International Migration and Development
Migration
continued to be a prominent issue on the global agenda in 2013. The second
High-level Dialogue on International Migration and Development, organised by
the UN General Assembly on 3-4 October 2013, renewed and strengthened the
political commitment to the issue of international migration and development.
The outcome declaration shows that that the international community is capable
of reaching political agreement on such issues, including on the need for
integrating migration into the post-2015 development agenda, and provides
testimony to the progress made in recent years in this field. The EU took a
very active role during the negotiations of the outcome text, which reflects
many of the EU main concerns[91].

7.2.        Enhancing cooperation with
third countries 
During
2013 the EU pursued the implementation of the GAMM, the overarching framework
for the EU external migration and asylum policy, engaging in policy dialogues
and operational cooperation with third countries and regions. Significant
progress has been made in terms of both strengthening political relations with
third countries and regions, notably the Southern Mediterranean countries and
the Eastern Partnership countries, and contributing to institutional and
legislative reforms and capacity building in partner countries. Important steps
in this context were the establishment of Mobility Partnerships with Azerbaijan (December 2013), Morocco (June 2013) and Tunisia (March 2014). In December 2013,
discussions were launched with Jordan on the establishment of Mobility
Partnership. 
Visa
liberalization dialogues continued with Russia[92], Ukraine, Moldova, Georgia and Kosovo[93].
The Commission issued progress reports on each of them[94].
A Visa Liberalization Action Plan was presented to Georgia in February and the
first Commission Progress Report was published in November 2013[95]. The
visa liberalization dialogue with Turkey started on 16 December 2013 in
parallel with the signing of the readmission agreement. As for Moldova, the
Commission in its Communication concluded that it has fulfilled all the
conditions of its action plan, and following agreement on the Commission's
proposal to amend
the Visa Regulation (Regulation (EC) No 539/2001), the transfer of the Republic
of Moldova to the visa free list became effective on 28 April 2014. Through
these dialogues, the EU is taking gradual steps towards the ultimate goal of
visa-free travel on a case-by-case basis, provided that conditions for
well-managed and secure mobility are in place. These dialogues contribute to
better migration and asylum management in the partner countries concerned, as
they feature benchmarks to fulfill. 
Proposals
to establish Common Agendas for Migration and Mobility, a more flexible
framework for bilateral cooperation than the Mobility Partnerships, which is
aimed at priority countries beyond the EU neighbourhood have been submitted to India and Nigeria. 
Cooperation
continued in the framework of the existing regional and bilateral dialogues, in
particular in the context of the Africa-EU Partnership on Migration, Mobility
and Employment, the Rabat Process and the EU-ACP Dialogue on migration and
development in the South, of the Prague Process and the Eastern Partnership
panel on Migration and Asylum in the East, as well as of the EU-CELAC Migration
Dialogue. The new Silk Routes Partnership for Migration established within the
framework of the Budapest Process at the Ministerial Conference held in Istanbul in April 2013 deserves special mention. The establishment of this partnership is
the culmination of the geographical reorientation of the Budapest Process and
provides the basis for substantial dialogue and cooperation with the countries
along the Silk Route which had been rather limited in the past. It also brings
important elements to the forefront such as a clear commitment to respect human
rights in migration management.
In
October 2013, the first meeting of the High Level Dialogue on Migration and
Mobility with China took place. The High Level Dialogue has been established to
enable exchange of policy and best practices and explore possibilities of
facilitating mobility while strengthening cooperation on fighting irregular
migration. The possibility to launch negotiations on readmission issues and a
visa waiver for diplomatic passport holders was discussed.
An increasing
number of organised crime groups operate in source and transit countries to
facilitate irregular migration to the EU. In order to disrupt this activity,
'Irregular Immigration' has been identified as one of the EU Crime Priorities
under the EU Policy Cycle for organised and serious international crime
2014-2017.[96] 
The need to obtain a better picture of the situation in neighbouring countries
of transit has become clear. The establishment of networks of Liaison Officers
in Libya and Turkey dedicated to irregular migration will be important in this
regard.
7.3.        Climate change adaptation
and migration
On
16 April 2013, a Commission Staff Working Document[97]
was published on Climate Change, Environmental Degradation and Migration, as
part of the EU Climate Change adaptation Strategy[98].
This document aims at providing a conceptual understanding of the links between
climate change, environmental degradation and migration. It also takes stock of
tools and initiatives which the EU already possesses to address future
challenges in this area and provides orientations for future action, notably
under the EU migration and development agenda.
7.4.        EU 2013 Report on Policy
Coherence for Development
Migration
remains one of five priority topics identified by the Council for the EU agenda
on Policy Coherence for Development (PCD). The EU’s 2013 PCD report[99]
provided an overview of the many measures taken by the EU and Member States to maximise the significant development benefits which legal migration to Europe can produce for countries of origin, including in areas such as remittances, brain
drain and diaspora. The report noted that more could be done to ensure
that development concerns are taken into account in labour migration and
mobility policies at both EU and Member State levels. 
7.5.        The report on the Global
Approach on Migration and Mobility
In
February 2014, the Commission presented its first biennial Report on the
implementation of the Global Approach to Migration and Mobility, covering the
period 2012-2013[100].
The report takes stock of the main achievements, draws lessons from the past
implementation, and looks into some avenues both at the level of policies and
in relation to implementation modalities. The report concludes that the GAMM
continues to be an efficient framework to engage third countries and regions in
policy dialogue and operational cooperation. The report was followed by Council
conclusions adopted on 14 April 2014.
8.           A new Asylum, Migration
and Integration Fund (AMIF) 
The Commission
adopted the package of proposals for the next multiannual financial framework
2014-2020 in the area of Home Affairs on 15 November 2011[101].
This package covered 4 legislative proposals which together provide for the
creation of an Asylum, Migration and Integration Fund (AMIF) and an Internal
Security Fund (ISF).
Negotiations
with the European Parliament and the Council started in 2012 and were
successfully concluded in the end of 2013. The result constitutes a good
compromise that meets the concerns of all parties reflecting the high
sensitivity of this policy area. 
The AMIF is a more comprehensive instrument than the former three Funds
it succeeds - the European Refugee Fund, the European Fund for the Integration
of third-country nationals and the European Return Fund - aiming at supporting
the effective and integrated management of migration flows in the EU while taking into account the principle of solidarity and
responsibility sharing. Almost 90% of its overall resources (EUR
3 137 million) will be channelled through national programmes covering the
whole period 2014-2020. 
To allow a
better alignment of the resources used at national level with EU policy
objectives and priorities, Policy Dialogues between the Commission and each MS
took place in the second half of 2013. MS are currently in the process of
drafting their multi-annual national programmes which they will formally submit
once the AMIF has entered into force. 
Another novelty
introduced in the new Funds is the possibility to support actions related to
the external dimension, with a special focus on readmission agreements,
mobility partnerships and regional protection programmes. The Fund also
foresees an emergency assistance mechanism able to respond quickly to migratory
pressures in MS and third countries. 
The Fund will
continue to strengthen and develop the Common European Asylum System by
ensuring the efficient and uniform application of the EU acquis and
enhance solidarity between MS. It will also encourage the development of
proactive integration strategies, including actions during the pre-departure
stage, and promote a local approach to integration, paying particular attention
to the needs of beneficiaries of international protection, as well as to
vulnerable groups of migrants. The Fund will further support fair and effective
return management with emphasis on voluntary (assisted) return.
These AMIF
funded actions will be complemented by the Internal Security Fund, in
particular its Borders and Visa component, through which support will be
provided to the management and surveillance of the EU external borders and
development of the EU visa policy, thus facilitating the mobility of legitimate
travellers and countering irregular crossing of EU borders. 
9.           Networking and
communicating on asylum and migration 
9.1.        The European Migration
Network (EMN)
The EMN[102]
increased its role in supporting evidence-based advice to policy making, by
providing up-to-date, objective, reliable and comparable information on
migration and asylum. In 2013, the main output of the EMN work included studies
on Immigration of International Students to the EU, on Identifying Identity in
International Protection, on Intra-EU Mobility and on attracting
highly-qualified third-country nationals[103].
The EMN annual conference took place in Vilnius on the topic of growth, labour
shortages and migration[104].

9.2.        Communicating key messages
on immigration and asylum
An effective
communication strategy regarding migration issues is key in reaching out to
target groups, and help both EU and non-EU citizens understand the challenges
and benefits of immigration. The Commission produces a variety of material on
migration-related topics. In 2013, it also organised the competition
"Migrants in Europe", with over 750 schools from all 28 MS submitting
audio-visual pieces of work on the contribution of migrants to the EU society[105].
Special screenings took place, of films with a focus on the topic of
trafficking in human beings[106].
The Spanish, Arabic and Portuguese versions of the EU Immigration Portal were
launched. The Portal provides user-friendly information on EU and national
immigration policies and laws, and is intended for third country nationals
wishing to migrate to the EU[107].

10.         Conclusions and way
forward
While
significant progress has been achieved with respect to certain areas of
migration management, the developments of 2013 clearly show the importance for
the EU and its Member States to continue and increase their action in the field
of immigration, asylum, and border management. The EU must take determined
action to prevent migrants losing their lives in the attempt to reach the
European shores and to step up the fight against organised crime that prospers
through smuggling and trafficking of human beings. The EU must ensure that Europe's borders are safe and secure with
appropriate legal channels for entry.
Efforts needs to
be stepped up to fight violence and discrimination against migrants, and
actively promote integration into our societies, as well as to combat racism
and xenophobia, factors that affect social cohesion and can deter migrants,
including highly qualified ones, to choose Europe as a destination. 
The Commission
will continue to support and promote well-managed migration, and welcomes the
debate that will arise in the European Parliament and the Council on the basis
of this report.
[1]           From
1998 till 2013, 623 118 migrants have been found to reach the sea shores
of the EU irregularly, representing an average of almost 40 000 persons a
year. Source: Migrants smuggled by sea to the EU: facts, laws and policy
options; Migration Policy Center;   http://www.migrationpolicycentre.eu/docs/MPC-RR-2013-009.pdf 
[2]               COM(2013) 869 final
[3]               http://data.unhcr.org/syrianrefugees/regional.php 
[4]               http://eeas.europa.eu/enp/index_en.htm 
[5]               http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/international-affairs/global-approach-to-migration/index_en.htm 
[6]               COM(2013)292
[7]               Council doc. 12415/13
[8]               Expected entry into force second quarter 2014.
[9]               SWD (2014)165
[10]             EMN, http://www.emn.europa.eu 
[11]             Statistics presented in this Communication are
primarily the latest available from Eurostat. More detailed statistics, some
from the EMN and including breakdown by Member State, are included in the
Statistical Annex of the Accompanying Staff Working Document SWD(2014)165.
[12]             Eurostat data for 2012. 2013 data will become available
in July 2013. SWD(2014)165, Statistical Annex, includes partial 2013 data
submitted by the EMN.
[13]             Humanitarian protection is granted to those third-country nationals or stateless persons who
are allowed to remain in the territories of the Member States for reasons not
due to a need for international protection but on a discretionary basis on
compassionate or humanitarian grounds.
[14]             http://epp.eurostat.ec.europa.eu/cache/ITY_PUBLIC/3-24032014-AP/EN/3-24032014-AP-EN.PDF

[15]             http://data.unhcr.org/syrianrefugees/regional.php

[16]             50 470 in 2013, 24 115 in 2012 and 8 145 in 2011. 
[17]             Majority applied in DE and SE (one-third of the total
each), followed by the BG, UK, NL, AT, DK and BE, with other MS only marginally
affected. 
[18]             Eurostat; 2013 data not available for EL.  
[19]             Eurostat, 2013 data not available for EL and NL.
[20]             Eurostat, 2013 not data available for EL. 
[21]             http://www.frontex.europa.eu/publications

[22]             Regulation (EU) No 604/2013 (OJL180, 29.6.2013, p.31)
[23]             Regulation (EU) No 603/2013 (OJL180, 29.6.2013, p.1)
[24]             Directive 2013/33/EU (OJ L 180, 29.6.2013, p.96)
[25]             Directive 2003/32/EU (OJ L 180, 29.6.2013, p.60)
[26]             More information:  http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/asylum/index_en.htm.
Brochure : http://ec.europa.eu/dgs/home-affairs/e-library/docs/ceas-fact-sheets/ceas_factsheet_en.pdf
Infographic: http://ec.europa.eu/dgs/home-affairs/e-library/multimedia/infographics

[27]             Directive 2011/95/EU (OJ L 337, 20.12.2011, p.9)
[28]             Directive 2003/109/EC (OJ L 16, 23.1.2004, p.44), as
amended by Directive 2011/51/EU (OJ L132, 19.5.2009, p.1).
[29]             http://easo.europa.eu 
[30]             1947 persons were trained through national trainings
and 164 through train-the-trainer sessions in Malta. Around 200 were non-EU
officials trained through projects such as UNHCR projects, Prague Process etc.
[31]             http://easo.europa.eu/wp-content/uploads/WB-report-final-version.pdf

[32]             European Asylum
Support Office, 2013 http://easo.europa.eu/wp-content/uploads/EASO-Annual-Report-Final.pdf

[33]             A total of EUR 12 million, 10 of which in response to
the Lampedusa tragedy.
[34]             DE, FR, HU, MT, NL, CY, EL, BG.
[35]             Including EUR 12 million to Italy.
[36]          In 2011-2013, Greece was allocated with the amount of EUR 97.88 million for the Return Fund, nearly EUR
130 million for the External Borders Fund (EBF) and EUR 23.97 million for the
European Refugee Fund (ERF). Although the ERF allocation for 2013 was limited
to EUR 3.2 million, the Greek allocations under the Return Fund and the
External Borders Fund for 2013 were respectively EUR 35.5 million and EUR 44
million.
[37]             Executive Summary of the revised Greek Action Plan on
Asylum and Migration Management (December 2012)   http://www.europarl.europa.eu/meetdocs/2009_2014/documents/libe/dv/p4_exec_summary_/p4_exec_summary_en.pdf.
[38]             It covers: the creation of a Screening procedure at the
border in accordance with EU law; the reform of Asylum Procedure by the
establishment of a new Asylum Service and an independent administrative Appeals
Authority; tackling the backlog cases during the transitional period;
increasing the reception capacity for asylum seekers; and the establishment of
an effective Return System. The Commission initiated an exercise of
prioritising the implementation of the revised Greek Action Plan, placing an
emphasis, inter alia, on those actions aimed at addressing the main
concerns forming the basis for the condemning judgement of the European Court
of Human Rights on the MSS Case, as well as concerns raised in on-going
infringement proceedings. The Commission, along with EASO and other
stakeholders, continued providing support to Greece in improving its asylum
system, including targeted funding and the deployment of EASO Asylum Support
Teams.
[39]             Recognising that Member States were predominantly
against the Commission's suggestion as set out in Communication on enhanced
intra-EU solidarity in the field of asylum COM(2011) 835 for a voluntary,
permanent  relocation scheme, the Commission hosted a Relocation Forum to
discuss relocation needs, capacities and political concerns. 
[40]             Decision 281/2012/EU of 29 March 2012. http://www.resettlement.eu 
[41]             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.
[42]             AT, BE, FI, FR, DE, HU, IE, LU, NL, ES, SE.
[43]             Communication on Maximising the Development Impact of
Migration, COM(2013)292 of 21.5. 2013
[44]             http://easo.europa.eu/wp-content/uploads/EASO-Age-assessment-practice-in-Europe.pdf

[45]             http://ec.europa.eu/dgs/home-affairs/what-is-new/news/news/2013/docs/20130415_thb_stats_report_en.pdf

[46]             OJ L101, 15.4.2011, p.1. Directive not applied by Denmark.
[47]             Doc. 16344/13, Approved by SCIFA/Mixed Committee 21
November 2013.
[48]             The 'EU Action on Migratory Pressures –A Strategic
Response' comprises seven strategic priority areas: 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 from Turkey; IV) Better tackling of abuse of legal migration
channels; V) Safeguarding and protecting free movement by prevention of abuse
by third country nationals; VI) Enhancing migration management, including
cooperation on return practices; VII) Preventing illegal immigration from and
via the Southern Mediterranean countries.
[49]             COM(2014)199 of 28.3.2014
[50]             Directive 2008/115/EC (OJ L 348, 24.12.2008, p.98)
[51]             Directive2009/52/EC (OJL 168, 30.6.2009, p. 24)
[52]             COM(2014)286 of 22.05.2014
[53]             Not applied by DK, IE, UK. HR not yet assessed.
[54]             COM(2013)197 of 12.04.2013. Intended to replace Council
Decision 2010/252/EU, annulled by the Court of Justice of the EU in September
2012.
[55]             Regulation (EU) No 1052/2013, OJL 295, 06.11.2013, p.11
[56]             Following the formal adoption in October 2013. 
[57]
            EUROSUR infographic: 
http://ec.europa.eu/dgs/home-affairs/e-library/docs/infographics/eurosur/eurosur_en.pdf

[58]
            http://www.emsa.europa.eu/

[59]             COM(2013) 832 final of 28.11.2013
[60]             Regulation (EU) No. 1053/2013
of 7 October 2013 establishing an evaluation and
monitoring mechanism to verify the application of the Schengen acquis
and repealing the Decision of the Executive Committee of 16 September 1998
setting up a Standing Committee on the evaluation and implementation of
Schengen, (OJ L 295, 6.11.2013, p. 27).
[61]             Applying 27.11.2014. The Commission is currently
preparing a smooth implementation of the new evaluation mechanism.
[62]             Regulation (EU) No 1051/2013, amending Regulation EC No
562/2006, (OJ L 295 of 6.11.2013, p. 1).
[63]             OJL 182, 29.6.2013, p. 1.
[64]             COM(2013) 95 of 28.2.2013
[65]             COM(2013) 97 of 28.2.2013
[66]             COM(2011)
290 of 24.5.2011
[67]          Regulation
(EC) No 539/2001 of 15.3.2001 listing the third countries whose nationals must
be in possession of visas when crossing the external borders and those whose
nationals are exempt from that requirement. OJ L 81, 21.3.2001, p.1.
[68]             COM(2013) 853 of 27.11.2013
[69]             COM(2014) 165 and COM(2014)164 of 1.4.2014. 
[70]             West Africa, Central Africa, East Africa, Southern
Africa, South America, Central Asia, South East Asia and the occupied
Palestinian territory.
[71]             Directive 2014/36/EU of 26
February 2014 (OJ L 94, 28/03/2014, p. 375–390). 
[72]             COM(2010)378.  See EP
Legislative Observatory : Inter-institutional reference 2010/0209(COD) 
[73]             COM(2013)151 of 25.3.2013. Existing legislation
Directives 2005/71/EC (researchers) and 2004/114/EC (students)
[74]             COM(2014)287 of 22.05.2014
[75]             Directive 2009/50/EC (OJ L 155, 18.6.2009, p.17) Not
applied by DK, IE, UK.
[76]             For 2012, relating to 22 Member States.
[77]              COM(2011) 735 final.
[78]             COM(2014) 210 of 3.4.2014
[79]             OJ L251, 3.10.2003, p.12.
[80]             Directive 2003/109/EC, as amended by Directive 2011/51/EU
(OJL16, 23.1.2004, p.44, OJL 132, 19.5.2011, ) 
[81]             Directive 2011/98/EU (OJ L 343, 23.12.2011, p.1). Not applied by DK, IE, UK.
[82]             Inter alia, a workshop organised by the European
Policy Centre on Skills mismatch and shortages in Europe: A need for
increased labour mobility? (28 February 2013),  a publication by the Centre
for European Policy Studies on Social Benefits and Migration – A contested
relationship and policy challenge in the EU - http://www.ceps.eu/book/social-benefits-and-migration-contested-relationship-and-policy-challenge-eu;
two OECD-EC joint projects "Matching Economic Migration with Labour
Market Needs" to be finalised by June 2014, and a 2 year project
launched in 2013 "Review of Labour Migration Policy in Europe".
[83]             COM(2013) 795 final of 9.1.2013
[84]             Country-specific recommendations 2013, http://ec.europa.eu/europe2020/making-it-happen/country-specific-recommendations/index_en.htm

[85]             Eurostat, EU-SILC survey.
[86]             Final report is published in August on the European Web
Site on Integration, http://ec.europa.eu/ewsi/en/resources/detail.cfm?ID_ITEMS=37216.

[87]             http://ec.europa.eu/ewsi/en/resources/detail.cfm?ID_ITEMS=40802   

[88]             http://ec.europa.eu/ewsi/en/lra.cfm

[89]             The Forum serves as a main EU platform for consultation
with civil society on integration policies.
[90]             The reports of the two meetings are available on the
European Web Site on Integration, http://ec.europa.eu/ewsi/en/policy/legal.cfm.

[91]             The EU position ahead of the High-level Dialogue is
reflected in the "Conclusions of the Council and of the representatives of
the Member States meeting within the Council on the 2013 UN High Level Dialogue
on Migration and Development and on broadening the development-migration
nexus" (Council document 12415/13) endorses the key messages included in
the Commission 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” (COM (2013) 292 ).
[92]             Due to the Crimea Crisis and following the European
Council statement of 6 March 2014 the work under the visa dialogue with Russia was suspended.
[93]             This designation is without prejudice to positions on
status, and is in line with UNSCR 1244/99 and the ICJ Opinion on the Kosovo
declaration of independence. 
[94]          COM(2013)923
of 18.12.2013; COM(2013)809 of 15.11.2013; COM(2013)807 of 15.11.2013;
COM(2013) 66 of 8.2.2013.   
[95]             COM(2013) 808 of 15.11.2013
[96]             Council Conclusions , JHA Council 6-7.6.2013.:         http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/137401.pdf

[97]             SWD (2013) 138 of 16.4.2013
[98]             http://ec.europa.eu/clima/policies/adaptation/what/index_en.htm

[99]             SWD (2013) 456 of 31.10.2013
[100]            COM(2014) 96 of 21.2.2014
[101]            COM(2011) 751 final of 15.11.2011
[102]            Established by Council Decision 2008/381/EC. 
[103]            EMN outcomes available online at www.ec.europa.eu/dgs/home-affairs/what-we-do/networks/european_migration_network.
[104]            http://emn2013.lt/ 
[105]            http://europa.eu/rapid/press-release_IP-13-945_en.htm

[106]            "Sestre" by Vladimir
Paskljević on the EU Open Door Day 2013; "Not my Life" by
Robert Bilheimer on the EU Anti-trafficking day 
[107]            http://ec.europa.eu/immigration