5 Economic migration
| (26306)
5436/05
COM(04) 811
| Green Paper on a European Union approach to managing economic migration
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| Legal base | — |
| Document originated | 11 January 2005
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| Deposited in Parliament | 20 January 2005
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| Department | Home Office |
| Basis of consideration | EM of 2 February 2005
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| Previous Committee Report | None; but see (25716) 10244/04: HC 42-xxv (2003-04), para 14 (30 June 2004)
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| To be discussed in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information requested
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Background
5.1 In 2001, the Commission presented a Communication advocating
a common policy for the controlled admission of economic migrants
to the European Union as part of an overall immigration and asylum
policy.[11] The previous
Committee recommended the Communication for debate in Standing
Committee B. The debate was held on 25 April 2001.[12]
In the event, the Commission's proposals were not adopted by
the Council.
5.2 In June 2004, the Commission issued a Communication on the
links between legal and illegal migration.[13]
Among other things, the Communication noted that the Commission
would be presenting a Green Paper on whether the admission of
economic migrants should be regulated at EU level.
5.3 Article 63(3)(a) of the Treaty establishing the
European Community (the EC Treaty) provides for the Community
to adopt measures on "conditions of entry and residence,
and standards on procedures for the issue by Member States of
long-term visas and residence permits".
5.4 Article 69 and a Protocol to the EC Treaty provide
that the United Kingdom is not to be bound by measures adopted
under Article 63 unless it opts into them.
5.5 Article III-267(1) of the Constitutional Treaty
proposes that the Union should develop a common immigration policy
aimed at ensuring the efficient management of migration flows.
Article III-267(5) says that "This Article shall not affect
the right of Member States to determine volumes of admission of
third country nationals coming from third countries to their territory
in order to seek work, whether employed or self-employed".
The Green Paper
5.6 The Commission says that the aim of the Green
Paper is to initiate discussions "on the most appropriate
form of Community rules for admitting economic migrants and on
the added value of adopting such a common framework".[14]
It invites comments on the Green Paper by 15 April. The Commission
intends to present a "policy plan" on legal migration
by the end of 2005.
5.7 Among the reasons the Commission gives for the
Community to examine the options for an EU legal immigration policy
are:
- the expected substantial reduction
in the working population of the Community (although the Commission
recognises that immigration in itself is not a solution to demographic
ageing);
- the likelihood that immigrants will be required
to satisfy the demands of the Union's labour market;
- the need to compete with the rest of the world
for economic migrants;
- decisions to admit third country nationals to
one Member State can affect others (for example, because there
may be fewer opportunities for nationals of the other Member States
to fill vacancies); and
- in November 2004, the European Council invited
the Commission to "present a policy plan on legal migration
including admission procedures capable of responding promptly
to fluctuating demands for migrant labour".[15]
5.8 The Green Paper also says that:
"the need for a European strategic initiative
is strengthened by the fact that, in its absence, migration flows
are more likely to be able to bypass national rules and legislation.
As a consequence, in the absence of common criteria for the admission
of economic migrants, the number of third country citizens entering
the EU illegally and without any guarantee of having a declared
job — and thus of integrating in our societies — will
grow."[16]
5.9 The Green Paper poses the question: to what extent
should a European policy on labour migration be developed and
what should be the level of Community intervention? The Commission
considers that:
"a successfully operating Community policy in
this field can only be put in place progressively, in order to
facilitate a gradual and smooth move from national to Community
rules. EU legislation on the admission of economic migrants should
therefore be conceived as a 'first step legislation' and lay down
certain common definitions, criteria and procedures, while at
the same time leaving [it] to the Member States to respond to
the specific needs of their labour markets. It is important to
recall that the Draft Constitutional Treaty leaves the determination
of the volumes of admission of persons coming to seek work to
the Member States.[17]
However, a coordination method by which Member States making use
of national quotas inform the Commission about the implementation
and results of these policies could be beneficial in the assessment
of the overall needs of the EU labour market and contribute to
the shaping of a common EU legal migration policy and to a more
efficient and better coordinated procedure…"[18]
5.10 The Green Paper describes three possible options
for EU legislation:
- A horizontal approach
covering conditions of entry and residence of any third
country nationals who seek admission for employment or self-employment
for more that three months in the area of a Member State. Specific
provisions could be made for particular groups, such as seasonal
workers. The Commission says that the advantage of this approach
is that it would establish a comprehensive common framework, with
a high degree of flexibility; or
- Sectoral legislative proposals,
dealing with specific types of worker, such as specially skilled
migrants, contractual service suppliers, staff being transferred
within a corporation or seasonal workers; or
- A common-fast track procedure
to admit migrants in cases of specific labour and skills gaps
"activated if a certain number of Member States obtain Council
authorisation to do so via a very swift procedure". The
Commission comments that this would avoid unnecessary and potentially
harmful competition between Member States in the recruitment of
certain categories of workers.
The Green Paper adds that other approaches could
also be considered. Any measures that were adopted should minimise
the administrative burden on Member States and third country nationals.
5.11 The Commission notes that, generally, Member
States require proof that no-one in the domestic labour market
can fill a vacancy before admitting someone from a third country
to fill it. And some Member States admit certain categories of
workers (for example, where there are shortages of highly skilled
workers) through special schemes. The Commission says that such
approaches could be considered at EU-level.
5.12 The Commission poses the question whether third
country nationals already present in a Member State should be
given preference in filling a vacancy over the "new"
admission of someone from a third country; and whether facilitating
the mobility of third country nationals from one Member State
to another would be beneficial for the EU labour market and national
labour markets.
5.13 The Green Paper illustrates a variety of ways
in which Member States might decide on the selection of third
country nationals to meet the need for specific skills. For example,
common EU criteria might be identified — such as the applicant's
years of experience, education or language skills — and
each Member State could decide whether to apply the criteria.
The Commission refers to the possibility of having a "clearing
house", run by the European Employment Services network and
enabling employers to consult an EU database containing the details
of applicants from third countries.
5.14 The Green Paper discusses the conditions for
the admission of third country nationals for self-employment.
For example, an applicant could be asked to present a detailed
and financially-sound business plan, evidence of financial means
and proof of the benefits of the enterprise to the Member State.
5.15 The Green Paper poses a number of other questions,
including:
- Should there be a combined
work and residence permit?
- Who should hold the work permit
— the employer or employee?
- Should third country nationals admitted for employment
by one employer or in one sector be able to move to another employer
or sector during their first term of residence in the EU?
- What employment and other rights should be granted
to a third country national working temporarily in the EU?
5.16 Finally, the Commission emphasises the importance
of cooperating with third countries to facilitate legal migration
and the integration of immigrants to the EU; and to facilitate
the return of temporary workers at the end of their contracts
and help them to re-integrate in their countries of origin. Among
the questions the Commission poses are: what could the EU do to
compensate third countries for their investment in nationals who
move temporarily to the EU; how might the negative consequences
for the third country be limited; and should there be a preference
for admission of economic migrants from some third countries?
The Government's view
5.17 The Parliamentary Under-Secretary of State at
the Home Office (Caroline Flint) tells us that:
"We welcome the Green Paper's recognition of
the fact that it is for individual member states to control their
own immigration policy. We recognise the need for an EU wide
discussion and welcome the opportunity to participate in the mutual
exchange of information regarding the ways in which managed migration
can be approached. We agree with the view that immigration in
itself is not a solution to demographic ageing, nor in itself
is it the answer to existing skill shortages within EU member
states. We also welcome the Green Paper's acknowledgement that
any adopted measure should minimise the administrative burden
for both member states and third country nationals.
"The UK would not be obliged to participate
in any proposals resulting from the Commission's consultation.
Our opt in protocol means that we would retain the right to choose
to participate in any subsequent measures in this area."
5.18 The Minister says that the Government will make
a full response to the issues raised in the Green Paper and will
play an active part in the debate on managing economic migration
within the European Union.
Conclusion
5.19 The Commission's Green Paper raises issues
of major importance. The importance of the document has been added
to by the Government's policy announcement on economic migration
on 7 February 2005. Accordingly, we are minded to recommend the
document for debate. Before we reach a final view about that,
however, we ask the Minister to:
- comment on the Commission's
assertion that, in the absence of a European initiative on economic
migration, migrants are more likely to be able to bypass national
rules and legislation and that, in the absence of common admission
criteria, the number of third country nationals entering the EU
illegally will grow; and
- tell us the response the Government is minded
to make to the Green Paper well before it sends the response to
the Commission.
We emphasise the need to be told the Government's
likely response as soon as possible in order to allow time for
a debate before the Easter adjournment if, in the event, we decide
to recommend one.
5.20 Pending the Minister's reply, we shall keep
the document under scrutiny.
11 (21845) 11529/00; see HC 28-iii (2000-01), para
3 (17 January 2001). Back
12
Stg Co Deb, European Standing Committee B, 25 April 2001. Back
13
See headnote. Back
14
Page 3 of the Green Paper. Back
15
Conclusion III 1.4, Hague European Council, 4-5 November 2004. Back
16
Page 4 of the Green Paper. Back
17
Article III-267(5). Back
18
Page 5 of the Green Paper. Back
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