2 Migration
| (a)
(28652)
9773/07
COM(07) 247
(b)
(28653)
9776/07
COM(07) 248
|
Commission Communication: Applying the Global Approach to Migration to the Eastern and South-Eastern Regions Neighbouring the European Union
Commission Communication on circular migration and mobility partnerships between the European Union and third countries
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| Legal base | — |
| Documents originated | 16 May 2007
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| Deposited in Parliament | 29 May 2007
|
| Department | Home Office |
| Basis of consideration | EMs of 11 June 2007
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| Previous Committee Report | None
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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 | For debate in European Standing Committee
|
Background
2.1 In December 2005, the European Council adopted a document
on the EU's "Global Approach to Migration: priority actions
focussing on Africa and the Mediterranean".[4]
The action included:
- Dialogue and cooperation with
the African Union and African countries about, for example, operational
cooperation between countries of origin, transit and destination;
the integration of legal immigrants in the Member States; and
the return of illegal immigrants.
- Work with neighbouring countries on, for example,
prevention of trafficking in human beings and the development
of profiles of migration routes.
2.2 In November 2006, the Commission produced a progress
report on the implementation of the Global Approach.[5]
2.3 At its meeting in December 2006, the European
Council concluded that consideration should be given :
"to how legal migration opportunities can be
incorporated into the Union's external policies in order to develop
a balanced partnership with third countries adapted to specific
EU Member States' labour market needs; ways and means to facilitate
circular and temporary migration will be explored; the Commission
is invited to present detailed proposals on how to better organise
and inform about the various forms of legal movement between the
EU and third countries by June 2007".[6]
It also concluded that:
"the Global Approach will be applied to the
eastern and south-eastern regions neighbouring the European Union.
The Commission is invited to make proposals on enhanced dialogue
and concrete measures by June 2007".[7]
2.4 Title IV of the EC Treaty authorises the Council
to adopt measures on specified aspects of asylum, visas, and legal
and illegal migration.
Document (a): Applying the Global Approach to
Migration to the eastern and south-eastern regions neighbouring
the EU
2.5 The Commission has produced this Communication
in response to the European Council's request. The Commission
defines the EU's eastern and south-eastern neighbours as:
Turkey, Albania, Bosnia and Herzegovina, Croatia,
Macedonia, Montenegro, Serbia (including Kosovo), Ukraine, Moldova,
Belarus, Armenia, Azerbaijan, Georgia and Russia.
The Commission notes that about 5.5 million migrants
from the eastern and south-eastern regions are legally resident
in the EU, amounting to nearly 30% of all resident third country
nationals.
2.6 The Commission observes that, in extending the
Global Approach to those regions, account needs to be taken of
the migratory routes through them from countries in the Middle
East, Central Asia and Asia. Accordingly, the Communication also
includes sections on the EC's relations with:
Syria, Jordan, Lebanon, Kazakhstan, Kyrgyzstan,
Tajikistan, Turkmenistan, Uzbekistan, China, India, Pakistan,
Afghanistan, Bangladesh, Sri Lanka, Vietnam, the Philippines and
Indonesia.
2.7 The Communication summarises the present arrangements
for dialogue and cooperation between the EC and its eastern and
south-eastern neighbours, and makes recommendations for action.
For example, the passage on Russia refers to the existing Road
Map on the Common Space on Freedom, Security and Justice and the
formal and informal discussions in the framework of that agreement;
and the passage on Turkey and the Western Balkans recommends that
opportunities for "circular migration" be increased.
2.8 The Communication also summarises the existing
arrangements for dialogue and cooperation with countries in the
Eastern Mediterranean, Middle East, Central Asia and Asia and
makes recommendations for action. The recommendations are mainly
for the intensification or promotion of aims which are already
being pursued, such as cooperation to counter trafficking in human
beings and to improve the arrangements for remittances from migrants
legally resident in the EU to their families in their countries
of origin. The Commission also suggests testing the ground for
"mobility partnerships" with countries in Asia.[8]
2.9 The Communication calls for improved coordination
of work on migration. For example, the Commission proposes the
pooling of information about Member States' bilateral dealings
with third countries on migration; better exchanges of information
between EU agencies and international organisations about migratory
flows (for instance, between EUROPOL and the UNHCR); a more prominent
role for FRONTEX (the EU agency for the management of operational
cooperation at the EU's external borders); and an increase in
the number of Immigration Liaison Officers.
2.10 In the Conclusion to the Communication, the
Commission says:
"The Eastern and South-Eastern regions neighbouring
the EU are important as regards legal and illegal migration both
between countries in the region and to the EU. Dialogue and cooperation
on migration is already well advanced with many of the countries
in these regions, especially as regards the fight against illegal
immigration. Applying the Global Approach to these regions requires
that, within the means available, cooperation is further developed,
balanced and extended — notably in better addressing issues
related to mobility and the development dimension of migration
— to allow the EU to gain credibility in the eyes of its
partners and to reach the next stage of cooperation with them."[9]
2.11 The Commission says that the Communication should
be read with document (b) on circular migration and mobility partnerships.
2.12 Annex I to the Communication contains an explanation
of acronyms and a glossary. Annex II gives examples of cooperation
between the EU and third countries on asylum and migration. Annex
III contains statistics on legal and illegal migration and on
asylum seekers.
The Government's view on document (a)
2.13 The Parliamentary Under-Secretary of State at
the Home Office (Joan Ryan) tells us that the Government welcomes
the Commission's efforts to extend the application of the Global
Approach. She cautions, however, against allowing the extension
to dilute work with African countries. She adds that:
"in expanding the Global Approach to Migration
there should be a focus on those elements which already have the
endorsement of Member States, rather than introducing new elements
… In this regard, the Government would resist the Communication's
proposals [for] mobility partnerships to be piloted with Asian
partners and circular migration be promoted. These concepts …
require further exploration and consideration by Member States
before being applied."
Document (b): mobility partnerships and circular
migration
MOBILITY PARTNERSHIPS
2.14 The Commission defines "mobility partnerships"
as "frameworks for managing various forms of legal movement
between the EU and third countries. Such partnerships would be
agreed with those third countries committed to fighting illegal
migration and that have effective mechanisms for readmission".[10]
2.15 The Communication notes that mobility partnerships
would be legally complex because some of the elements would be
within the Community's competence and some within the Member States'.
2.16 The Commission says that each partnership agreement
would need to be tailor-made to the particular circumstances of
the parties to it. But all of them would need to include commitments
from the EC, participating Member States and the third country
concerned. They might include commitments from the third country
on, for example, readmission, document security, and measures
to counter people smuggling and trafficking in human beings. They
might also include commitments from the EC and participating Member
States on, for example, making it easier and quicker for legal
migrants to get short stay visas; the provision of financial and
technical assistance for the management of legal migration by
the third country; the provision of pre-migration language and
technical training for legal migrants who have a job offer in
a Member State; help to reintegrate returning migrants; facilitation
of migrants' remittances, the provision of incentives for legal
migrants to return to their countries of origin after a period
in the EU and other measures to mitigate the brain drain.
2.17 The Commission adds that:
"Mobility partnerships could include a consolidated
offer by several Member States, on a voluntary basis, to facilitate
access to their labour markets [by] the nationals of the third
country in question. In political terms, these individual offers
would be pooled in order to put together a consolidated EU offer
to the third country in question."[11]
CIRCULAR MIGRATION
2.18 The Commission identifies two main types of
circular migration:
- circular migration of third
country nationals settled in the EU — nationals of a third
country legally resident in a Member State would be able to engage
in an activity (such as a business or profession) in their country
of origin from time to time while retaining their main residence
in the Member State; and
- circular migration for third country nationals
resident in their country of origin — they could come to
the EU temporarily for work, study or training on condition that
they return at the end of the period for which they are given
entry. Those who return to their countries of origin at the proper
time might be given some form of right to come back to the EU
for another temporary period or be given the benefit of a simpler
entry procedure.
2.19 Legislation to foster circular migration could
be enacted by Member States. Provision could also be included
in EC legislation, such as the proposed Directives on the admission
of highly-skilled migrants and on the admission of seasonal workers.
2.20 The Communication discusses possible conditions
and safeguards to make circular migration work. For example, the
prospect of admission for a further temporary period if the third
country national abides by the conditions of his first period
of residence in the EU might reduce the temptation to over-stay.
Similarly, assistance from the EC or Member State for the reintegration
of third country nationals in their countries of origin might
boost compliance with the conditions of temporary admission to
the EU.
2.21 The Commission says that circular migration
might help mitigate the adverse effects on third countries of
the brain drain. In addition, Member States could make commitments
not to recruit people from third countries who have skills which
are in short supply in their countries of origin.
2.22 The Commission announces its intention to hold
consultations, based on the Communication, with Community institutions,
Member States and others with an interest.
2.23 The Commission also announces its intention
"to have exploratory contacts with a limited number of countries
potentially interested in mobility partnerships and ready to commit
themselves to cooperating actively with the EU on the management
of migration".[12]
The Government's view on document (b)
2.24 The Minister tells us that:
"the Government is not convinced that offering
increased legal migration opportunities is the most appropriate
emphasis for the development of the Union's migration policy.
Whilst legal migration has a place within any migration policy,
there is a danger that an excessive focus on legal migration will
raise unrealistic expectations amongst partner countries of the
legal migration opportunities which are available in Member States.
Particularly in the context of mobility partnerships, there is
a danger that an incorrect assumption will develop that states
are automatically entitled to legal migration opportunities if
they chose to cooperate with the European Union on measures to
reduce illegal migration."
2.25 The Minister says that Member States need time
to consider the Commission's proposals and reach a consensus on
what should be the next steps. The Government will, therefore,
resist the Commission's proposal to have exploratory contacts
with a limited number of countries potentially interested in mobility
partnerships.
2.26 The Minister tells us that the Government supports
the Commission's proposal to hold consultations about circular
migration. But it will resist any further developments pending
the completion of the consultations. The Government's own assessment
of any future proposals on circular migration will be taken in
the light of what is in the UK's national interest and the compatibility
of the proposals with the Government's Points Based System.
Conclusion
2.27 The UK could not be bound by any new EC legislation
on legal migration unless it chose voluntarily to opt into it.
Nonetheless, we consider that the Commission's Communications
raise major questions about the role it is appropriate for the
European Community to play in developing policy on, and conducting
relations with third countries about, legal migration. Accordingly,
we recommend that the documents be debated in the European Standing
Committee in good time for the Government to be able to take account
of the views of the House in formulating its response to the Commission.
4 European Council 15-16 December 2005, Presidency
Conclusions, paragraph 10 and Annex I. Back
5
Commission Communication: The Global Approach to Migration
one year on: towards a comprehensive European migration policy.
(28108) 16106/06: see HC 41-v (2006-07), paragraph 14 (10 January
2007). Back
6
European Council meeting 14-15 December 2006, Presidency Conclusions,
paragraph 24 (a), penultimate sub-paragraph. Back
7
Ibid, paragraph 24(a), last sub-paragraph. Back
8
Commission Communication, page 13, final sentence. Back
9
Commission Communication, page 15, Conclusion, first paragraph. Back
10
See document (a), page 17. Back
11
See document (b), page 5, penultimate bullet-point. Back
12
See document (b), page 13, final paragraph. Back
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