having regard to the Commission Communication on the Policy Plan on Legal Migration (COM(2005)0669),
having
regard to the Commission Communication on policy priorities in the
fight against the illegal immigration of third-country nationals (COM(2006)0402),
having
regard to the opinion of the Committee of the Regions of 26 February
2007 entitled 'Policy plan on legal migration, fight against legal
immigration, future of the European migration network' (CdR 233/2006),
having
regard to conclusions of the European Council presidency of 4-5
November 2004 and the Hague Programme included therein(1),
having
regard to the Commission communication to the Council and the European
Parliament entitled 'The global approach to migration one year on:
towards a comprehensive European migration policy' (COM(2006)0735),
having
regard to its resolution of 9 June 2005 on the links between legal and
illegal migration and integration of migrants(2),
having regard to the Green Paper on an EU approach to managing economic migration (COM(2004)0811) and its resolution of 26 October 2005 on that topic(3),
having
regard to the communication from the Commission to the Council, the
European Parliament, the European Economic and Social Committee and the
Committee of Regions - A Common Agenda for Integration - Framework for
the Integration of Third-Country Nationals in the European Union (COM(2005)0389), and its resolution of 6 July 2006 on strategies and means for the integration of immigrants in the European Union (4),
having
regard to Regulation (EC) No 862/2007 of the European Parliament and of
the Council of 11 July 2007 on Community statistics on migration and
international protection(5),
having
regard to the outcome of the EU-Africa ministerial conference on
migration and development, which was held in Rabat on 10 and 11 July
2006,
having
regard to the EU-Africa joint declaration on migration and development
which was adopted at the EU-Africa ministerial conference held in
Tripoli on 22 and 23 November 2006,
having
regard to the comprehensive approach as reaffirmed in the presidency
conclusions following the 14-15 December 2006 Brussels European Council,
having
regard to the ACP-EU Joint Parliamentary Assembly's report on migration
of skilled workers and its effect thereof upon national development,
which was adopted on 28 June 2007,
having
regard to the Commission Communication to the European Parliament, the
Council, the European Economic and Social Committee and the Committee
of the Regions entitled 'Applying the global approach to migration to
the eastern and south-eastern regions neighbouring the European Union' (COM(2007)0247),
having
regard to the Commission Communication to the European Parliament, the
Council, the European Economic and Social Committee and the Committee
of the Regions on circular migration and mobility partnerships between
the European Union and third countries (COM(2007)0248),
having
regard to the proposal for a directive of the European Parliament and
of the Council providing for sanctions against employers of illegally
staying third-country nationals (COM(2007)0249 - C6-0143/2007 - 2007/0094(COD)),
having
regard to the Amsterdam Treaty (pursuant to which powers and
responsibilities in the immigration and asylum fields are conferred
upon the Community) and Article 63 of the EC Treaty,
having regard to Rule 45 of its Rules of Procedure,
having
regard to the report of the Committee on Civil Liberties, Justice and
Home Affairs and the opinions of the Committee on Development, the
Committee on Culture and Education and the Committee on Women's Rights
and Gender Equality (A6-0322/2007),
A. whereas
according to Eurostat the number of third-country nationals legally
resident in the 27 EU Member States is approximately 18.5 million
(whilst nearly 9 million EU citizens are resident in a Member State
other than their own),
B. whereas migration is an international phenomenon in which EU citizens also take part as migrants themselves,
C. whereas
pursuant both to the existing treaties and to the draft new treaty, the
Member States are responsible both de jure and de facto for setting the
number of economic migrants allowed into the EU for work purposes,
D. whereas
a comprehensive and consistent approach to immigration is required at
European level, since a change to immigration policy in one Member
State influences migrant flows and developments in other Member States,
E. whereas
the reality of ageing and demographic changes necessitate rethinking
immigration policies since the current and future situations of the EU
labour markets can be broadly described as in demand of well-managed
legal immigration (according to Eurostat the working-age population
within the population as a whole will shrink by over 50 million by
2050),
F. whereas
the mandate for the IGC as defined by the June 2007 European Council
foresees the extension of the Community procedure to all matters
concerning legal immigration, thus eliminating a disparity and
improving effectiveness of decision making,
G. whereas
a more comprehensive and inclusive definition of migrants, including
the definition on the status of people that are not refugees but cannot
however be returned to their country of origin, is needed in order to
reflect the developments in the migratory flows,
H. whereas
in the section of the Commission Communication on the Policy Plan on
Legal Migration which is entitled 'Knowledge-building and information'
it is stated that further studies should be carried out into permits
for job-seekers,
I. whereas
it is important to recognise that increased migration flows should be
seen as a global phenomenon with numerous causes and effects,
J. whereas
in this area, cooperation on the part of the EU and its Member States
with the third countries of origin and transit is essential,
K. whereas
controls on legal immigration have become steadily tighter; whereas a
number of countries have introduced different legal-immigration schemes
based on quotas or on points; whereas spreading the belief that
immigration is uncontrolled is wrong,
L. whereas
too restrictive options for legal entry to the European Union
indirectly encourages irregular immigration and opening channels for
legal immigration will contribute to the fight against illegal
immigration and trafficking of human beings,
M. whereas
the principle of Community preference applies as regards economic
migration and whereas transitional measures apply to the free movement
of people from the new Member States,
N. whereas
the fight against illegal immigration and human trafficking is as
inseparable from policies for the admission of economic immigrants as
from measures on integration,
O. whereas
legal immigration should be accompanied by an effective integration
policy; whereas integration is a two-way process involving both
immigrants from third countries and Europe's population, whereas the
opportunity for the individual to live with her or his partner and
children should be facilitated,
P. whereas
in the space of a few decades, immigration has become a central topic
of public debate throughout the EU - a topic of great political
sensitivity which may easily be exploited for demagogic and populist
purposes,
Q. whereas
politicians and media representatives should be aware of the importance
of using a correct discourse on this issue,
R. whereas
both causes of immigration and its positive consequences should be more
present in public debate on the issue,
S. whereas
in view of the role played by immigration in respect of economic
development, growth and hence employment in Europe, it would be useful
if trade-union's, employers' and civil society representatives were
more extensively involved in the public debate on such matters,
T. whereas
those in charge of social and economic policy must also inform the
general public as regards the role of legal immigration in growth and
employment,
General approach
1. Welcomes
the Commission's response to the European Council's request for a
policy plan on legal migration including admission procedures capable
of responding promptly to fluctuating demands in the labour market;
2. Endorses
the approach adopted in the policy plan in order to overcome the
obstacles within the Council to the 2001 proposal for a Council
Directive on the conditions of entry and residence of third-country
nationals for the purpose of paid employment and self-employed economic
activities;
3. Welcomes
the abovementioned communication on 'Applying the Global Approach to
Migration to the Eastern and South-Eastern Regions Neighbouring the
European Union'; calls on the Member States and the Commission to
ensure that sufficient human and financial resources are allocated for
the proper implementation of the comprehensive approach to migration;
stresses the need for enhanced regional dialogue and cooperation on
legal migration and welcomes the idea of setting up regional
cooperation platforms for migration, bringing together all relevant
actors from the EU side and in the region concerned;
4. Maintains
that illegal immigration cannot be countered unless means and channels
of legal immigration are established at the same time, since the two
phenomena are closely linked;
5. Considers
the collection of consistent and reliable migration-related statistics
to be essential; expects Regulation (EC) n862/2007 to be implemented
swiftly and effectively by all Member States; calls upon the Commission
to submit - in cooperation with the Member States an assessment of the
number of people who could be affected by the four specific directives;
expects the European Migration Network (EMN) to make a rapid and
substantial contribution in this area (in association with Eurostat);
hopes that particular attention will be paid to the place of women, who
account for half of migrants;
6. Welcomes
the institutional implications of the draft Reform Treaty, as set by
the IGC mandate, which extends qualified majority voting and
co-decision powers to police and judicial cooperation in criminal
matters as well as the extension of competences in respect of
asylum and immigration policies of the Union; welcomes in
particular the extension of the ordinary legislative procedure to cover
legal migration and considers it reasonable that Member States will
continue to keep the sovereign right to determine the volume of work
migrants they can accept on their territories;
7. Calls
upon the various Council formations with responsibility in this area
(Justice and Home Affairs, Employment, Social Policy, Health and
Consumer Protection) to increase their efforts to coordinate their
discussions of the Policy Plan on Legal Migration;
8. Supports
the intention of the Commission to define the conditions of entry and
stay for other selected categories of economic immigrants, including
unskilled or low-skilled workers;
9. Calls
upon the Commission to carry out a short- and medium-term forecast of
the requirements for additional labour in the various Member States;
calls on the Member States to provide the Commission with a statistical
estimate in order to enable the Commission to make suitable forecasts
concerning labour requirements within the EU; highlights that these
estimates must take into account also non-economic migrants, refugees
and persons in need of subsidiary protection, as well as family
reunifications;
10. Considers
that particular attention should be paid to the situation of minors who
may find themselves disadvantaged due to their parents' movement and
proposals brought forward to mitigate such negative effects;
11. Considers
that a clear definition of each category of economic migrant concerned
by the directives currently being drawn up must be adopted; calls upon
the Member States to coordinate amongst themselves and to exchange best
practices by means of the mechanism for the exchange of information
concerning asylum and immigration matters which is provided for in
Decision 2006/688/ECof 5 October 2006 on the establishment of a mutual
information mechanism concerning Member States' measures in the areas
of asylum and immigration(6);
12. Believes
that the transitional internal barriers to the free movement of workers
from the new Member States should be lifted as soon as possible;
13. Supports
the setting-up of an EU Immigration Portal; in this context, welcomes
the expansion of the EURES services to support the management of
economic migration of third-country nationals;
Proposal for a general framework directive
14. Considers
there to be an essential need for a directive designed to provide
third-country nationals who are legally employed in a Member State with
a common framework of rights, accompanied by the requirement to fulfil
a certain number of obligations and insists that such a directive be
submitted in advance of the four specific directives;
15. Recalls
the need to avoid double standards of rights amongst different
categories of workers and to safeguard particularly the rights of
seasonal workers and paid trainees, who are more vulnerable to abuse;
16. Endorses the idea of a single application for a joint residence/work permit;
17. Also
considers that a directive should contain proposals enabling migrants
to change their status or their job while remaining in the EU;
18. Agrees
that mutual recognition of diplomas and other qualifications is
necessary to avoid a loss in terms of income and skills valorisation
for the immigrant as well as for the countries of residence and origin;
19. Considers
that measures should be explored in order to investigate the
possibility for immigrants to transfer their pension entitlements and
their accumulated welfare rights stemming from their employment, for
which they were required to pay contributions, when they return to
their country of origin;
20. Questions
the reference in the policy plan to the collection of the most
advanced biometrical data; considers that the protection of personal
data should be respected in all cases, particularly the principle of
proportionality and purpose limitation;
21. Supports
the ratification by all the Member States of the International
Convention on the protection of the rights of all migrant workers and
their family members;
Circular migration, return migration and mobility partnerships
22. Welcomes
the aforementioned Commission Communication on circular migration and
partnerships for mobility between the EU and third countries; agrees
that the damaging effects of brain drain must be avoided, fostering
instead brain circulation;
23. Calls
furthermore upon the Commission to explain the link between circularity
and integration; points out that according to the Commission
'supposedly circular migration may very rapidly become permanent and
thus fail to meet the intended objective';
24. Stresses
furthermore the importance of establishing stable and lawful labour
relations between businesses and workers to increase productivity and
EU competitiveness; calls, hence, upon the Commission to consider the
effects circular migration could have in this regard;
25. Supports
the idea of long-term multiple-entry visas as well as the possibility
of granting priority to former immigrants wishing to obtain a new
residence permit with a view to further temporary
employment;26. Calls on the Commission to take account of
the possibilities raised by both the European Parliament and the
Economic and Social Affairs Committee and to bring forward a
comprehensive study on the possible implementation of a blue-card
system and a job-seekers visa;
27. Expresses
interest in the planned Migration Information and Management Centre
which is due to be set up in Mali; calls upon the Commission to provide
the relevant EP committees with detailed prior information on the legal
base of and budgetary provisions for the project and regular updates on
this and similar initiatives envisaged in another third country;
supports the idea of applying the same approach in the Eastern
neighbour region;
Proposal for a Directive on the entry and residence conditions of highly skilled workers
28. Supports
any measure designed to increase the attractiveness of the EU to the
most highly skilled workers, so as to meet the needs of the EU labour
market in order to ensure Europe's prosperity as well as to respect the
Lisbon targets;to this end, calls on the Commission and the Member
States to:
explore ways to grant them the right to move freely within the EU;
explore ways to allow them to remain within the EU for limited period
after the end of their contract or following redundancy, so that they
can look for a job;
29. Supports
therefore any simplification measure designed to facilitate the entry
of such workers, whilst leaving the defining of specific needs and
quotas for economic migrants as a Member State competence;
30. Considers
it important that the risks of a 'brain drain' be taken into account
when EU legal-immigration measures are laid down; refers to the
aforementioned report by the ACP-EU Joint Parliamentary Assembly on the
migration of skilled workers and the effects thereof on national
development; calls upon the Commission - in conjunction with the
countries of origin - to carry out statistical studies with a view to
identifying the areas of expertise in which there is a clear risk of a
brain drain;
31. Supports
the creation of an EU work permit (the so-called blue card) to
facilitate the free movement of 'brains' within Europe and the transfer
of personnel within multinational companies;
Proposal for a directive concerning the entry and residence conditions of seasonal workers
32. Points
out that seasonal workers from third countries make an essential
contribution to sectors such as agriculture, construction and tourism;
(delete) stresses the increasing importance of irregular employment in
such sectors in a number of Member States and therefore considers the
proposed scheme essential; in that sense, welcomes the Commission's
proposal for a Directive of the European Parliament and of the Council
providing for sanctions against employers of illegally staying
third-country nationals (COM(2007)0249);
33. Draws
attention at the same time to the crucial importance of speedy,
flexible recruitment procedures in the case of seasonal work;
highlights the importance of local experiences, with particular regard
to the agricultural sector; stresses the need, therefore, to take this
into account;
34. Considers
that seasonal workers who abide by the rules laid down for this kind of
migration should be granted priority access to other forms of legal
immigration;
Proposal
for a directive on the procedures governing the temporary entry, stay
and residence of persons transferred within their company
35. Endorses
the Commission's idea of strengthening the legal framework in order to
promote mobility within Europe; points out that the situation of the
persons concerned is governed under GATS;
Proposal for a directive on the entry and residence conditions for paid trainees
36. Considers
that the paid-trainee category should be clearly defined (age limit,
language skills, maximum length of training period, possibility of
converting the statute into some other kind of residence permit, etc.)
and that checks need to be devised in order to prevent abuse of the
statute;
37. Proposes
that paid trainees should be issued with a European residence permit
valid for between 6 and 12 months; supports the development of
partnership programmes with universities in third countries;
39. Welcomes
the holding in Potsdam on 10 and 11 May 2007 of an informal meeting of
ministers responsible for integration; points out that the EU's
immigration policy must be based on a comprehensive approach
reconciling the requirements of the employment market in the Member
States, admission and integration policies; considers that a summary of
the rights and duties of migrant workers should be drawn up in order to
make it easier for such workers to participate in economic, social and
political life, in order to achieve integration; regards schools as an
essential forum for intercultural dialogue and integration;
40. Reiterates
that the celebration of 2008 as the year of intercultural dialogue must
contribute to improving the integration of immigrants in the host
societies and neighbourhoods, and to mutual understanding, thereby
reducing outbreaks of mistrust, racism and xenophobia; urges the
Commission to promote the work of civil society organisations in favour
of inter-cultural co-existence and mutual respect, and of education at
the service of peace and non-violence; points out that politicians at
all levels should be aware of their responsibility in using a correct
discourse on this issue.
41. Invites
Member States to apply Directive 2003/86/EC of 22 September 2003 on the
right to family reunification(8);
Calls on the Council, the Commission and the Member States to grant
migrant women arriving under family-reunification arrangements a legal
status that is independent of that of their spouse;
Communication
42. Emphasises
the particular responsibility of the media (in particular European
public radio and television broadcasters) in the dissemination of an
accurate image of immigration and in countering stereotypes;
43. Considers
it essential that interested persons should be informed - wherever
possible before their departure - regarding the terms and conditions
of, and the opportunities for, legal immigration into the EU; such
information should be widely disseminated within third countries by
public bodies (either Member States' embassies or consulates or the
local Commission delegation); with this in mind, calls for a European
immigration portal to be created without delay on the Internet;
44. Supports
projects designed to set up training and linguistic courses in the
country of origin in order to help immigrants to develop skills and
better adjust to labour needs in the EU;
Cooperation with countries of origin
45. Points
to the need for an active co-development policy; supports the objective
of concluding agreements with third countries in order to enable both
legal and illegal immigration to be managed effectively; considers,
nonetheless, that such agreements must be fully in accordance with
human rights; in this connection, expresses reservations concerning the
funding of projects in countries which do not uphold human rights;
46. Invites
the European Commission and Member States to explore ways to facilitate
free movement of migrants between the country of residence and the
country of origin;
47. Points
out that the funds which immigrants remit to their country of origin
contribute to the development of the countries concerned; considers,
while ensuring an adequate level of control and security of this
transaction, that the cost of transferring remits to countries of
origin should be reduced in order to assist development; Stresses that
although every effort should be made to facilitate and make less
expensive the transfer of remittances, they remain private funds that
benefit primarily the families who receive them and should not be
viewed as a substitute for Official Development Assistance;
48. Calls
upon the Commission and the Council to take part before Parliament in
an annual debate on EU immigration policy; calls upon the Commission to
submit on such occasions a comprehensive scoreboard relating to the
situation of immigration in Europe;
49. Calls
upon its relevant committee to conduct a close dialogue with its
counterparts in the Member States' parliaments which are responsible
for matters relating to immigration and to continue working with the
Council of Europe Parliamentary Assembly's committee responsible for
migration, refugees and population;
* *
*
50. Instructs
its President to forward this resolution to the Council and the
Commission, the Member States' governments and parliaments, the Council
of Europe, the UN High Commissioner for Refugees and the International
Organisation for Migration.
On the occasion of the
October 1999 Tampere European Council the Member States set out the
objectives of a consistent, balanced European immigration policy based
on four main planks: devising a legal-immigration policy, combating
illegal immigration, cooperating with third countries and integrating
immigrant workers.
The 11 September 2001
terrorist attacks disrupted the entire world and European agenda and
dealt a blow to 'positive' immigration policy, which promptly ground to
a halt. Hence at the following European Councils (from Seville in June
2002 to The Hague in November 2004), discussions were almost entirely
restricted to the fight against illegal immigration and trafficking in
human beings. A few significant legislative instruments designed to
combat illegal immigration were certainly introduced, although no
success was achieved in the drawing up of a consistent common policy.
It was not until 2006
that - thanks in particular to the constant pressure exerted by
Parliament - the topic of legal immigration came up once again for
discussion (on the occasion in particular of the November 2006 informal
Lahti summit and the Brussels European Council which came after it, in
December 2006). For the first time since the Tampere summit, EU
cooperation with third countries of origin and transit with a view to
the opening up of legal channels reappeared on the agenda. In December
the Brussels European Council called upon the Commission to submit a
communication on the subject.
The policy plan
published in 2005 thus enabled the Commission to offer an initial
practical response to the question of legal immigration, following a
period of stagnation lasting over five years.
In fact, the Commission
had as early as 2001 submitted a proposal for a directive on the
conditions of entry and residence for workers from third countries,
which - after a number of years of deadlock within the Council - was
finally withdrawn by the Barroso Commission.
The proposal(1)
was never approved by the Council. In view of the prevailing political
climate and on account in particular of 11 September 2001, the
Commission thought it better to amend its strategy by taking a step
backwards. Hence in January 2005 it launched - by means of a Green
Paper - a wide-ranging consultation with a view to determining the
approach to be adopted for the purpose of managing economic migration.
The outcome of the public consultation revealed a broad consensus in
favour of a common EU policy. However, there was some disagreement
regarding the approach to be followed and even the Klamt report (which
was adopted by Parliament in October 2005) failed to offer a single
vision(2).
Hence the Commission
decided to abandon an all-inclusive approach and the idea of a single
directive on conditions of entry and residence applicable to all
categories of immigrant worker, and adopted a progressive, diversified
approach instead: four sectoral directives serving solely to lay down
the admission conditions and procedures for specific categories of
immigrant. The four proposals will not be submitted at the same time
but successively over the next three years. They will apply the
following categories:
highly skilled workers (submission in September 2007)
seasonal workers (submission in the autumn of 2008)
paid trainees (submission in the autumn of 2008)
employees transferred within multinational companies (submission in 2009).
In addition to these
four specific proposals the Commission is to submit in September 2007 a
general framework directive designed to grant a common body of rights
to immigrant workers who are legally employed in a Member State but who
have not yet been granted the status of long-term resident(3).
In a final touch to its
policy plan the Commission has also recently proposed (in addition to
defining 'packages of mobility measures' in cooperation with third
countries of origin) creating a European portal by the end of 2007 for
the purpose of informing potential immigrants regarding the
opportunities for legal employment within the EU and the rules
governing admission. In the same vein the Commission intends to open
centres in third countries the task of which will be to facilitate
access to legal channels and to discourage illegal immigration.
Lastly, it has recently
submitted a proposal for a directive and two communications which are
directly concerned with legal immigration:
-a
proposal for a European Parliament and Council Directive providing for
sanctions against employers of illegally staying third-country
nationals (COM(2007)0249) final - 2007/0094 (COD),
-a
Commission Communication to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions
on circular migration and mobility partnerships between the European
Union and third countries (COM(2007)0248 final),
-a
Commission Communication to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions
entitled 'Applying the global approach to migration to the eastern and
south-eastern regions neighbouring the European Union' (COM(2007)0247 final).
Institutional aspect
When on 1 January 2005
the Council finally - after much delay - implemented the EC Treaty
provisions which provide for a switch to codecision and to
qualified-majority voting in the case of 'some or all of the topics
under Title IV', the EU ministers unfortunately wished to exclude legal
immigration and integration from the scope of that action.
Parliament repeatedly
criticised the decision taken by the governments meeting within the
Council and called for application of the 'transition clause' provided
for in Article 67, including in the case of measures relating to legal
immigration and to integration.
If the Constitutional
Treaty had been adopted the normal voting procedure would have been
extended to the entire sector. It should, however, been noted that the
Treaty - reflecting the scepticism of the post-11 September period -
contains a new provision which may be regarded as restrictive: in the
paragraph added by the Intergovernmental Conference it is stated that
European policy 'does not affect the Member States' right to set limits
on the entry of third-country nationals (...) to their territory for
the purpose of seeking paid or unpaid work'.
In reality it is
difficult - even on the basis of the Treaties enforced - to extrapolate
from the EU's general powers regarding 'conditions of entry and
residence' in order to extract therefrom a specific rule allowing
entries to the Member States to be governed by a single set of rules,
since such entries are still a matter for the individual Member States.
Any reform of the
existing Treaties should ideally involve improvements to, and a
simplification of, the decision-making procedures relating to
immigration policy.
The rapporteur's position
The rapporteur welcomes
the Commission policy plan, which she regards as a first step towards
defining a common legal-immigration policy. She regrets, however, that
an all-inclusive approach has not been adopted, since that would have
enabled minimum rules common to all the Member States and categories of
immigrant to be laid down. Devising a common policy is very important
in order to ensure that policies which differ excessively from one
Member State to another do not deflect migrant flows from their initial
destination.
Politicians at both EU
and Member-State level must be able to act by going beyond purely
electoral considerations and must adopt a comprehensive, integrated
approach to immigration policy, as the Commission itself has recently
suggested.
This is the background against which the fight against illegal immigration must in future be fought.
The following points should be explored in greater depth:
Separate
adoption of the sectoral directives: the five directives proposed under
the policy plan should be regarded as a single 'package'. The proposal
for a 'framework directive' on the rights of immigrants who do not yet
hold long-term-resident status must be drawn up without delay.
Proposal
for a directive on highly skilled labour: an acceptable balance needs
to be struck between courses of action intended to encourage highly
skilled workers to come to Europe and the need to prevent a 'brain
drain' from developing countries. The Commission's proposal concerning
'circular migration' needs to be studied in great depth.
Definition of the 'highly skilled worker' category in the absence of common criteria for the recognition of qualifications.
The
sectors proposed do not appear to be the only ones which require
Community action or which require it as a priority; one need only think
of, for example, healthcare, catering and the construction industry.
Assessment
of the actual scope for establishing a 'European Green Card' for
workers in the sectors affected by the directives (and in other sectors
too).
Bureaucratic
formalities to which highly skilled workers are subject: these need to
be made more flexible, and this also applies to transfers within
multinational companies.
Consideration
must be given - on the basis of specific criteria - to the possibility
whereby seasonal workers would be able to exchange their seasonal work
permit for a long-term residence permit or a job-seeker's permit.
Similarly
(this time in respect of the proposal for a directive on the conditions
of entry and residence for paid trainees), provisions must be made for
the issue of a job-seeker's permit upon expiry of the permit issued to
cover the training period.
The
proposal put forward by the Commission Vice-President Franco Frattini
at the 22 November 2006 Tripoli Conference on Migration and Development
concerning the possibility of establishing at EU level 'packages of
legal-entry quotas' which would be offered to third countries in
exchange for better control over illegal migration and the readmission
of illegal immigrants is of major interest. These specific proposals
which the Commission is intending to put forward should now be assessed.
Since
unanimity is always required when the Council votes, there is a very
real risk (as may be observed in the case of other sectors) that the
texts adopted ultimately represent no more than a 'lowest common
denominator', which is often the outcome of a cheap compromise which
limits the European added value thereof.
Proposal for a Council Directive on the
conditions of entry and residence of third-country nationals for the
purposes of paid employment and self-employed economic activities (COM
(2001)0386). Terroni Cusi report T5-0050/2003 of 12 February 2003.
The Committee on
Development calls on the Committee on Civil Liberties, Justice and Home
Affairs, as the committee responsible, to incorporate the following
suggestions in its motion for a resolution:
1. Believes
that mass immigration is a result of failing economies, impoverishment
of the population, human rights violations, environmental degradation,
the widening gap between rich and poor countries, civil war, wars for
control of natural resources, political persecution;
2. Is
convinced that the European Union must play a major role in making
migration a lever of development and points out that the only adequate
EU response to the phenomenon of migration is a strategy at EU level,
setting out common objectives and available mechanisms to
address common challenges in a spirit of mutual solidarity;
3. Welcomes
the Policy Plan on Legal Migration presented by the Commission, but
considers that this plan needs to be complemented by an Action Plan on
Migration and Development, following the conclusions of the UN
High-Level Dialogue on International Migration and Development (14-15
September 2006) and in preparation for the coming Euro-Africa
Ministerial Conference on Migration and Development (Tripoli, 22 and 23
November 2006);
4. Points
out that immigrants are a source of enrichment for the host countries
and insists that this role must be better recognised and promoted;
emphasises that the integration programmes of the Member States and the
European Union should give more attention to the risk of discrimination
against immigrants;
5. Insists
that the European Union must carry through a high-level political
dialogue with the countries of the African continent on the subject of
immigration, in the form of practical agreements that coordinate those
countries development with EU immigration policy; welcomes the
EU-Africa Ministerial Conference on Migration and Development to be
held in Tripoli on 22 and 23 November 2006;
6. Calls
on the EU and the Member States to implement policies aimed at
mitigating the adverse economic and social effects of the brain drain,
taking into account the global crisis in human resources for health,
with severe health worker shortages in parts of Africa in particular;
7. Calls
on the Member States to implement a secure legal status for the
immigrants concerned and emphasises the fact that both EU citizens and
immigrant workers have rights and obligations which must be respected
at all times;
8. Calls on the Commission to integrate the issue of migration systematically into all Country Strategy Papers;
9. Calls
on the Commission to assist the Member States' integration policies by
means of financial instruments and stresses the need to establish a
specific fund enabling co-development measures to be financed and a
guarantee fund ensuring the long-term existence of migrants'
micro-projects;
10. Supports
the new mainstreaming of immigrant integration and affirms that
relevant integration policies and measures should be included at all
relevant policy levels, European, government, national, regional and
local, as a modern consideration in public policy formation and
implementation;
11. Stresses
the importance of taking due account of the fact that 51 % of
immigrants in the industrialised countries are women, and of enabling
the equal access of women to the labour market so as to improve the
working, living and social conditions of immigrant women and their
access to education, health services, language courses and professional
training and involve immigrant womens organisations in the framing,
application and assessment of policy measures of this kind;
12. Calls
on the Member States and the Commission to provide funding for
programmes to set up information and guidance programmes for applicants
for legal immigration into the European Union in their own countries of
origin;
13. Stresses
that EU and national legislation on international migration should
reflect internationally agreed human rights standards;
14. Welcomes
the Commissions proposal to encourage circular migration and seek
legally viable structures for this purpose in cooperation with the
Member States, with migrants going back and forth between their country
of origin and the destination country, thereby making the knowledge and
experience they have acquired available to their home country; points
out that it is necessary to accompany circular migration with
integration measures, such as the transfer of pension claims and all
other social security payments between the country of origin and the
host country, for outgoing and returning migrants;
15. Stresses
that the fight against trafficking in human beings linked to migration
must be ensured as an EU priority and that adequate financial resources
must be devoted to this action and expresses its concerns over the
human tragedies suffered every day at the borders of the Union by
people attempting a clandestine entry into EU territory;
16. Supports
the establishment of a common application for work and residence
permits for all Member States, as well as the issuing of a common work
and residence permit in order for immigrants not to be exploited by
criminal groups issuing such permits;
17. Supports
measures at national and EU level related to awareness raising,
anti-discrimination campaigns, information packages for newly arrived
economic immigrants, language and civic orientation courses, training,
cultural initiatives via appropriate EU funding, such as AENEAS and the
future EU integration fund;
18. Stresses
that although every effort should be made to facilitate and make less
expensive the transfer of remittances, they remain private funds that
benefit primarily the families who receive them and should not be
viewed as a substitute for Official Development Assistance;
19. Urges
all Member States to ratify the International Convention on the
Protection of the Rights of Migrant Workers and fully honour their
international commitments relating to the protection of migrants and
their families;
20. Welcomes
the United Nations Secretary-Generals proposal to establish an annual,
informal non-binding Global Forum on Migration and Development to
follow up on the discussions on migration and development and to foster
practical, evidence-based cooperation among governments;
21. Stresses
the importance of facilitating the reintegration of migrants on their
voluntary return to their countries of origin and, in particular, the
issue of ensuring the portability of pensions and access to social
services, as well as facilitating their access to loans and the
setting-up of small businesses;
22. Calls
for equal treatment in relation to social security for ACP nationals
and considers that the ACP-EU partnership is a particularly appropriate
framework for putting forward joint responses to the migration issue,
on the basis of Article 13 of the Cotonou Agreement.
Margrietus van den Berg, Danut
Budreikait, Marie-Arlette Carlotti, H̩l̬ne Goudin, Maria Martens,
Luisa Morgantini, Horst Posdorf, Feleknas Uca, Elena Valenciano
Martnez-Orozco, Anna Zborsk
Substitutes present for the final vote
John Bowis, Fiona Hall, Alain Hutchinson, Jan Jerzy Kuakowski, Manolis Mavrommatis, Csaba ry
Substitute(s) under Rule 178(2) present for the final vote
Comments (available in one language only)
OPINION of the Committee on Culture and Education (22.3.2007)
for the Committee on Civil Liberties, Justice and Home Affairs
The Committee on
Culture and Education calls on the Committee on Civil Liberties,
Justice and Home Affairs, as the committee responsible, to incorporate
the following suggestions in its motion for a resolution:
A. whereas immigrants' children must be able to enjoy the same educational conditions as the rest of the students in the education system in their host countries,
and that a good way of promoting integration would be to have a
balanced representation of immigrants at school, by trying to mix them
with national students so as to avoid ghettoisation;
B. whereas,
moreover, to make up for adult immigrants' very poor command of the
written and spoken language of the host country, it is essential to
introduce a concrete policy for their integration;
1. points
out that the approach to migration must be coherent in all its aspects,
including social, educational and cultural ones, and developed in
cooperation with countries of origin;
2. asks
Member States to develop policies aimed at facilitating access to and
the integration of immigrants and their descendants in the educational
system, giving priority to first generation immigrants, in order that
second and third generation immigrants can enjoy equal opportunities;
and asks the Commission to make use of the possibilities created in EU
programmes, especially in 'Europe for Citizens', 'Youth in Action' and
'Culture 2007-2013';
3. recommends
that Member States consider establishing, under Community programmes
set up for that purpose, such as the Lifelong Learning Programme,
specific sub-programmes to help immigrants become integrated in the
host country both by studying its history and by learning to write and
speak its language;
4. insists
on the need to promote the involvement of developing countries in the
Bologna and Copenhagen processes, in order to facilitate the
recognition of the academic and professional qualifications acquired in
those countriesand to gradually improve their education systems, thereby making them more attractive for local students;
5. highlights
the importance of improving the mobility, quality and efficiency of the
EU's education and training systems, and of guaranteeing access to such
systems for students from third countries;
6. suggests
that Member States support equal opportunities at work and fight lack
of security and the informal economy; points out that prior information
about immigrants' skills, provided in a transparent and comparable
manner, would facilitate their integration in the labour market;
7. welcomes
the fact that the Committee on Women's Rights and Gender Equality has
expressed an opinion on the Commission's proposal, and emphasises the
importance of mainstreaming gender into migration policies; points out,
in particular, the importance of ensuring that immigrants entering the
EU are aware of the values and existing laws and social conventions on
gender equality, so as to avoid situations of discrimination in the
host countries' societies which result from a lack cultural awareness;
8. recommends
that Member States promote awareness and information campaigns in the
countries of origin and the host countries, highlighting the problems
related to illegal immigration and the sanctions that are imposed on
employers of illegal immigrants;
9. agrees
to promote ethical recruitment in order to prevent the brain-drain,
which especially affects specific sectors, such as health care, in
several African regions;
10. recommends
that Member States provide incentives and support to immigrants who are
willing to return to their countries of origin, in order to encourage
work and training mobility and in order that their respective home
countries may benefit from the improved skills of immigrants;
disagrees, however, with policies aimed at forced returns, except in
cases following express orders by immigration authorities or court
decisions;
11. calls for the skills areas clearly at risk from such a brain drain to be formally identified;
12. urges
the Commission to offer basic information programmes about the EU in
the countries of origin to promote knowledge about and respect for
immigrants' rights and duties;
13. considers
that the use of new information and communication technologies and a
portal website with practical information could contribute to
modernising the system of access, exchange and coordination of useful
information for potential migrants; the portal website EURES on labour
mobility offers experience of good practices in this field;
14. emphasises
that learning the host country's language is a tool to facilitate
integration; noting that the Member States' integration policies should
be based on the principle that integration is a two-way process, which
requires a reciprocal commitment on the part of the host society and
the immigrant community, andstresses
the importance of learning foreign languages as well as the immigrants'
mother tongue as a way to conserve their culture;
15. stresses
the need to consider ensuring, during the period of 'integration' in
the host country, that in addition to studying the country's history
and language, immigrant children are gradually helped to adapt to the
curriculum of the class which they will be expected to join on
completing their catch-up courses, to facilitate their integration in
mainstream schooling;
16. recommends
that Member States make, under the "Europe for Citizens" programme,
targeted and effective reception arrangements to provide adult literacy
courses for immigrants , as it will not be possible to make a success
of integration without such measures;
17. agrees
with the need to regulate and monitor the status of paid immigrant
trainees to guarantee compliance with the Member States' laws against
all forms of abuse; welcomes the possibilities provided for immigrants
by the Leonardo Programme;
18. suggests
that Member States facilitate the entry and residence of seasonal
workers, taking into consideration the temporary nature of this
category of immigrants, according to the requirements of the respective
economic sectors; considers that the lack of freedom, and the fear
experienced by illegal seasonal workers of not being able to re-enter
the host country legally, would thereby be prevented;
19. stresses
the importance and responsibility of the local, national and
international media, not only in informing the host society but also in
transmitting information to potential emigrants in their home
countries, given the considerable impact of an image that reflects the
reality of the migration phenomenon;
20. reiterates
that the celebration of 2008 as the year of intercultural dialogue must
contribute to improving the integration of immigrants in the host
societies and neighbourhoods, and to mutual understanding, thereby
reducing outbreaks of mistrust, racism and xenophobia; urges the
Commission to promote the work of civil society organisations in favour
of inter-cultural co-existence and mutual respect, and of education at
the service of peace and non-violence;
21. encourages
Member States to take full advantage of the corresponding funds and the
new Community financial instruments, so as to activate this policy plan
on legal migration;
22. stresses
the importance, at international level, of the principle of free
movement of persons and ideas as a fundamental value of European
culture; urges the Commission and the Member States to take practical
measures to safeguard this heritage so as to raise the awareness among
the European public and economic players of the added value of legal
immigration;
23. calls
on the Commission to introduce co-development measures to encourage
migrants to contribute to the development of their home countries.
Maria Badia I Cutchet, Ivo Belet,
Giovanni Berlinguer, Marie-H̩l̬ne Descamps, Jolanta Dikut, Vra
Flasarov, Milan Gaa, Vasco Gra̤a Moura, Lissy Gr̦ner, Luis
Herrero-Tejedor, Ruth Hieronymi, Bernat Joan i Mar, Sndor
Knya-Hamar, Manolis Mavrommatis, Marianne Mikko,
Viorica-Pompilia-Georgeta Moisuc, Ljudmila Novak, Zdzisaw Zbigniew
Podkaski, Christa Prets, Pl Schmitt, Gheorghe Vergil erbu, Nikolaos
Sifunakis, Thomas Wise, Tom Zatloukal
Substitute(s) present for the final vote
Giusto Catania, Mario Mauro, Nina kottov
Substitute(s) under Rule 178(2) present for the final vote
Comments (available in one language only)
...
OPINION of the Committee on Women's Rights and Gender Equality (28.2.2007)
for the Committee on Civil Liberties, Justice and Home Affairs
The Committee on
Women's Rights and Gender Equality calls on the Committee on Civil
Liberties, Justice and Home Affairs, as the committee responsible, to
incorporate the following suggestions in its motion for a resolution:
A. whereas
legal economic migration may enable Europe's economy to achieve further
growth and to become more competitive and may make a partial
contribution to meeting the challenges of demographyin the host countries,
B. whereas immigration (the roots of which now go back several generations) is an integral part of the EU landscape,
C. whereas migrant women suffer from compound discrimination based on their sex and their origin,
D. whereas
legal migration can reduce the economic gap between countries of origin
and host countries as a result of increased incomes, improved skills
and raised awareness of democratic values and practices,
E. having regard to the rapid process of feminisation in respect of legal and illegal migration in recent years,
F. whereas women are faced with a two-fold risk, namely exploitation as workers and gender discrimination,
1. Observes
that questions of equality between men and women are mentioned only
vaguely in the Communication on a policy plan on legal migration and
calls on the Commission and the Member States to mainstream gender into
future legislative proposals concerning legal immigration and into the
Member States' immigration and integration policies;
2. Points
out that immigration data (if possible broken down by sex) and the
in-depth study and analysis of such data have an important role to play
in ensuring that immigration and integration policies are better
adapted to the situation of immigrant women;
3. Points
out that the success of legal-immigration policies depends upon the
adoption of a comprehensive approach based on the one hand on
adaptation to the differing needs of the individual Member States'
labour markets and on admission and integration policies which confer
social and economic rights on legal migrants (both men and women), and
- on the other hand - on the upholding of rights and the sharing of
obligations between those migrants and the host society;
4. Stresses
that integration is a two-way process involving both the willingness of
migrants to accept responsibility for integrating themselves into the
host society and the willingness of EU citizens to accept and integrate
migrants; considers that, in this context, integrated measures must be
devised and implemented with a view to influencing the behaviour both
of migrants and of host societies at all relevant levels and with a
view to marshalling resources on both sides;
5. Calls
upon the Member States to ensure that their national employment and
social-integration action plans include measures designed to regularise
and promote the participation of legal migrants (in particular women)
in the employment market under terms and conditions comparable to those
applicable to Community nationals, to ensure that the social, economic
and fundamental rights of such migrants (such as equal treatment and
equal pay, entitlement to social benefits and to a pension, and access
to healthcare and decent housing) are upheld, to encourage the
entrepreneurial spirit and to promote the role of the social partners
and the trade unions in the social and economic integration of
migrants, in particular women migrants;
6. Calls
upon the Member States to put into practice policies and programmes
designed to promote the effective integration of migrants (both men and
women) through acquisition of the language of the host country and
familiarisation with - and respect for - the law, culture, traditions
and values of the Member State concerned and of Europe as a whole
although this must be without detriment to the language and the
traditions of the country of origin, which migrants must have the
possibility of safeguarding;
7. Considers
that facilitating family reunification as a factor contributing to
social and economic integration must be an essential ingredient in
legal-immigration policies;
8. Calls
on the Council, the Commission and the Member States to grant migrant
women arriving under family-reunification arrangements a legal status
that is independent of that of their spouse;
9. Calls
upon the Member States to facilitate access by young migrants (in
particular migrant women) to education and training systems in the host
countries and to promote their participation in the 2007-2013 Lifelong
Learning Programme; considers it especially important that the
vocational qualifications of migrants should be recognised in
accordance with Community and Member-State rules and that immigrants
should be granted access to language training in order to enable them
to integrate more successfully;
10. Encourages
the Member States to combat irregular immigration and illegal working,
both of which lead to the development of mafia networks which prey in
particular on women and children in vulnerable situations;
11. Encourages the Member States to take full advantage of allthe
Community financial instruments available (European Social Fund, ERDF,
EQUAL Initiative, DAPHNE Programme, PROGRESS Programme, General
Solidarity and Migration-Flow Management Programme, etc.)in
order to facilitate the social and economic integration of legal
migrants by paying particular attention to the situation of women,
especially those who have family obligations and those who are more
vulnerable to exploitation, abuse and violence; calls for information
about human rights and, in particular, women's rights to be translated
into the language of the country of origin (in cooperation with that
country) and to be provided to every worker on his or her arrival in
the host country;
12. Encourages
the Member States (in connection with the European Year of Equal
Opportunities for All) to conduct public-awareness campaigns relating
to migrants;
13. Recommends
that the Member States and the Commission optimise and support the
contribution made by NGOs and migrants associations to the integration
of migrants and their full participation in the social and economic
life of the host country;
14. Calls upon the Member States to promote the involvement of migrants in social and political organisations;
15. Calls
upon migrants' organisations to encourage their women members (and also
their families) to strive actively for integration and to take
advantage of the integration opportunities offered by the host
countries with a view to supporting efforts relating to integration
within host societies; points out that national, regional and local
authorities must maintain a more intense and open dialogue for
communication and cooperation with migrant communities and networks;
draws attention to the role played by NGOs in offering advice,
information and support to migrants, in particular migrant women;
16. Calls
upon the Council, the Commission and the Member States to take all
necessary action in order to protect the rights of migrant women and
girls and to combat the discrimination which they experience in their
communities of origin, including the rejection of any form of cultural
and religious relativism which may infringe women's fundamental rights,
with action to be taken in particular against female genital
mutilation, forced marriage, polygamy, 'honour crimes' and any kind of
violence and discrimination against immigrant women; calls for funding
to be made available for the provision of free advice to immigrant
women concerning women's rights, health, sexual and reproductive
rights, employment and other related matters;
17. Encourages the EU and its Member States to establish close partnershipswith
countries which have a significant outflow of emigrants, to promote the
dissemination of information concerning jobs available at European
level (in particular by means of the EURES network) and to provide
applicants withcomprehensive informationconcerning
legal opportunities for immigration, rights and duties in the host
country and the recognition of certificates and qualifications in order
to prevent a 'brain drain' andensure
that migrants (women in particular) do not work in jobs for which they
are overqualified and/or in the host country's informal economy;
18. Stresses
that such partnerships should also involve informing migrants
(especially women) and making them properly aware of the phenomenon of
trafficking in human beings and of the various forms of exploitation
(sexual and other);
19. Points
out that the Member States' immigration policies must help to outlaw
violence and discrimination targeted in particular at migrant women and
children;
20. Stresses
that development-cooperation policy should supplement integration and
legal-migration policies and contribute in the long term to regulating
and controlling migrant flows, in particular by helping to prevent
trafficking in and the sexual exploitation of human beings (especially
women and children) and by creating social and economic conditions
which will enable legal migrants (both men and women) to return to
their country of origin and to use the knowledge which they have
acquired abroad.
Substitute(s) under Rule 178(2) present for the final vote
Comments (available in one language only)
...
RESULT OF FINAL VOTE IN COMMITTEE
Date adopted
12.9.2007
Result of final vote
+:
:
0:
49
1
0
Members present for the final vote
Alexander Alvaro, Alfredo Antoniozzi,
Mihael Brejc, Kathalijne Maria Buitenweg, Michael Cashman, Giusto
Catania, Carlos Coelho, Fausto Correia, Agustn Daz de Mera Garca
Consuegra, Brbara D̹hrkop D̹hrkop, Claudio Fava, Kinga Gl, Roland
Gewalt, Lilli Gruber, Adeline Hazan, Jeanine Hennis-Plasschaert, Ewa
Klamt, Roger Knapman, Magda Ksn̩ Kovcs, Barbara Kudrycka, Esther De
Lange, Henrik Lax, Roselyne Lefrancois, Sarah Ludford, Dan Mihalache,
Claude Moraes, Javier Moreno Snchez, Martine Roure, Inger Segelstr̦m,
Sren Bo Sndergaard, Kroly Ferenc Szab, Vladimir Urutchev, Manfred
Weber, Tatjana danoka
Substitute(s) present for the final vote
In̩s Ayala Sender, Edit Bauer, Simon
Busuttil, Charlotte Cederschi̦ld, G̩rard Deprez, Iratxe Garca P̩rez,
Ignasi Guardans Camb, Sophia in 't Veld, Carlos Jos̩ Iturgaiz Angulo,
Metin Kazak, Jean Lambert, Antonio Masip Hidalgo, Hubert Pirker, Rainer
Wieland
Substitute(s) under Rule 178(2) present for the final vote