Annexes to COM(2011)292 - Dialogue for migration, mobility and security with the southern Mediterranean countries COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS A dialogue for migration, mobility and security with the southern Mediterranean countries - Main contents
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| dossier | COM(2011)292 - Dialogue for migration, mobility and security with the southern Mediterranean countries COMMUNICATION FROM THE COMMISSION TO ... |
|---|---|
| document | COM(2011)292  |
| date | May 24, 2011 |
As mentioned above, a big concern is caused by the possible increase of flows of persons potentially in need of international protection coming from Libya territory at the moment, and in the future possibly from other countries in the region. The Commission acknowledges the great efforts made by UNHCR, ICRC, IOM and other international organisations and the support given by the EU and its Member States in providing humanitarian assistance and other support to person displaced from Libya. In this context, it is important to ensure that an adequate level of funds remains available to support the provision of humanitarian assistance, according to the identified needs .
The financial support should also address the immediate repercussions of migratory and refugees flows on the local economic and social situation , as well as on the local infrastructures, of certain peripheral regions of EU Member States, such as has been the case in the course of the last years, for instance, for some of the Canary islands, the Sicilian islands, Malta, Cyprus, and some of the Aegean islands of Greece. The Commission intends to examine how allocations under the EU structural funds could contribute to deal with these situations.
The support to the most exposed Member States should go beyond financial assistance and make it possible to share the actual responsibility for management of the migrants and refugees. The Commission has already proposed a number of measures, including in the context of the Ministerial Conference on relocation and resetllement which took place in Brussels on 12 May 2011, that need to be considered carefully and urgently to achieve this goal. Amongst these measures, it is important to signal the possibility to deploy EASO support teams to the most concerned Member States, at their request, with a view to helping the authorities to screen the asylum seekers and offer initial aid. The current EASO budget would already enable the deployment of such teams to be financed. Member States should show their solidarity and make available asylum experts to join the EASO teams, as well as accepting the relocation to their territories of some of the beneficiaries of international protection. The Commission is ready to support these efforts through the European Refugee Fund, in the extension of the Malta Pilot Project started in 2009.
The proposed plan of measures is possible only if adequate EU financial resources are mobilised . The Commission will examine, on the basis of the available financial respources, how to ensure appropriate financing to address the scope of the challenges that the EU faces in this emergency situation. Moreover, the Commission will promote the adequate coordination among the different internal and external financial instruments to ensure in particular the support for the cooperation between Member States and third countries on concrete projects related to border management, migration and asylum.
A PLAN OF MEASURES FOR THE LONGER TERM: ENHANCED COOPERATION WITH THE SOUTHERN MEDITERRANEAN COUNTRIES
The plan of measures proposed by the Commission (described above) was largely endorsed by the Justice and Home Affairs Council of 11-12 April. Such measures, which are essentially of a short-term nature, are now being implemented.
However the Commission believes that additional measures are required in the longer-term. These measures should first of all aim at addressing the root causes of migration at a structural level. Cooperation with the Southern Mediterranian countries should be enhanced to effectively address the challenge of creating jobs and improving living conditions throughout the region . Cooperation should particularly target the specific regions and categories of persons that are the most affected by the lack of employment opportunities (e.g. young people as a priority target).
In order to respond to these challenges, the European Commission and the High Representative have proposed in the joint Communication on 8 March 2011 to develop a long term partnership for democracy and shared prosperity with the Southern Mediterranean countries, based on a threefold approach, one of them being sustainable and inclusive growth and economic development with a strong emphasis on employment and social issues.
Longer term measures are also required to ensure that migration and mobility between the EU and the South Mediterranean countries are channelled through regular processes and take place in an orderly and efficient manner . This would imply efforts to help job seekers from these countries finding work opportunities abroad, in the shared interest of the countries and people concerned, as well as of the EU and its Member States. This latter challenge should be seen in the broader context of the evolution of the EU's demographic situation, as well as the labour shortages it is confronted with. The EU's needs for targeted labour migration will have to be duly monitored and reviewed so as to make precise evidence based proposals on the basis of real labour demands. In this context the substantial contribution of immigrants, of all origins combined, to the EU economies must be acknowledged. They help to meet the need for highly skilled workers in the expanding sectors of the EU's economy but also help to fill many jobs requiring a mix of lower skills.
In the joint Communication on 8 March 2011, the European Commission and the High Representative have also proposed to develop a partnership on migration, mobility and security with the Southern Mediterranean countries.
The Commission believes that the launching of Mobility Partnerships with the Southern Mediterranean countries is a crucial tool, beneficial for both sides to ensure better and more effectively managed migration and mobility, not only of the citizens of the partner countries but also of the nationals of other countries, in particular those of Sub-Saharan Africa and of the Middle East, who increasingly reside on or transit through the territory of the Southern Mediterranean countries. The launch of such partnerships would foster people-to-people contacts and further promote mutual understanding as well as business and employment. This would benefit the economic and social development of the entire Mediterranean region and the integration of migrants in the EU and in other countries of destination.
The proposed partnerships will be translated into reality by adopting a tailor-made, country-by-country approach , and on the basis of a commitment by each country to meet certain conditions, and taking into account the overall relationship with the partner country concerned. Similarly, in line with the directions given by the European Council, it is important that the partnerships encompass, in parallel, all the different aspects of such cooperation, and that it should ensure that the progressive facilitation of the movement of persons goes hand in hand with the implementation of measures that would make such movement secure.
THE DIALOGUE FOR MIGRATION, MOBILITY AND SECURITY WITH THE SOUTHERN MEDITERRANEAN COUNTRIES
The overall aim of the Dialogue on migration, mobility and security will be to support and encourage reforms -aimed at improving security- that the partner countries may engage in, giving their citizens a possibility of enhanced mobility towards the EU Member States, whilst addressing the root causes of migratory flows. This Dialogue will be part of a much wider engagement with and assistance for the countries of North-Africa in the framework of the renewed European Neighbourhood Policy. This thematic and specific dialogue will be carried out as part of the broader frameworks for bilateral relations and dialogue, taking into account, at the regional level, the Joint Africa-EU Strategy and the Africa-EU Mobility, Migration and Employment Partnership.
In order to achieve this important goal, as requested by the European Council, the Commission intends to make full use of the existing tool available as part of the EU Global Approach to Migration , the Mobility Partnership , which has proved to be an effective tool for furthering dialogue and operational cooperation with third countries. Mobility Partnerships will be appropriately tailored to the specific situation, as well as to the needs, of the Southern Mediterranean countries in question.
The following principles will apply:
11. Differentiation : the Dialogue will be offered and developed based on the individual merit of the respective partner country (country-by-country approach), and take into account the extent to which progress is made and reflected in national practices and policy implementation.
12. Bilateralism : the Dialogue will be agreed between the EU and its Member States and each partner country separately.
13. Conditionality : the expected outcomes of the Dialogue would depend on the efforts and progress made in all areas (migration, mobility and security), and will take into account also progress made in governance-related areas.
14. Monitoring : the partners would agree to establish an efficient mechanism for monitoring the concrete implementation of the Partnership. EU and Member States' experts would be associated to such a mechanism.
This layered approach will enable the EU to extend the benefits of mobility proposed in the Partnership to those who demonstrate their willingness and capability to make progress especially in those areas that are of importance to the EU.
The Mobility Partnerships will be agreed at the political level between the EU and its Member States and the partner country concerned, and will encompass, as requested and agreed by both parties, all measures (be they legislative or practical), to ensure that the movement of persons between the EU and the partner country concerned is well-managed and takes place in a secure environment. This would thus bring together all relevant measures in a systematic and comprehensive manner.
These measures should contribute to enhancing the capacity for management of the migration and mobility of persons within the South Mediterranean countries and in its relations with the EU in all the areas of the EU Global Approach to Migration , which aims at (1) better organising legal migration , (2) maximising the positive impact of migration on development , and (3) effectively combating irregular migration . In addition to that, the Partnership would also include a set of measures aimed at ensuring (4) the promotion and respect of migrants' rights, both of nationals of the partner countries and of third-country nationals transiting through their territories.
In the field of asylum, the Mobility Partnership would aim at increasing possibilities for international protection in the partner country. Promotion of initiatives on integration in EU Member States that also benefit the countries of origin should be part of Mobility Partnerships. Successful integration in countries of destination creates better conditions both for contributing to development in countries of origin and for the successful re-integration of those who return to their countries of origin.
The Mobility Partnership should also include a package of capacity building measures to be implemented in the partner countries, to be identified on the basis of a tailor-made analysis of the South Mediterranean countries concerned, and of the proposals and requests made by the latter as well as by the EU and its Member States, which will fully and actively participate in its implementation. Capacity building measures in the area of migration, mobility and integration contributing to achieving these goals can be listed (in a non-exhaustive way) as follows:
- increasing and facilitating the access to legal migration channels for potential migrants on the basis of clearly identified labour demand needs in the EU and other destination countries;
- regular exchanges of expertise and best practice among Public Employment Services so as to help deliver successful active labour market policy programs in sending countries, thus raising the employability levels and prospects of third country nationals;
- building up the capacities of the partner country to assist in the efficient and effective organisation of legal migration, including recruitment, skills recognition, return and reintegration of migrants;
- supporting the delopment and implementation in the partner country of policies promoting inclusive growth with employment, employability and all aspects of decent work. This also with a view to mitigating brain drain;
- maximising the impact of migration on development, including through facilitating low-cost remittances and the channelling of these towards sustainable investments, reinforced work with diaspora associations and measures aimed at counteracting brain drain, while taking into account the social aspects of migration;
- enhancing the quality of civil status registers in the partner country, and of identity and travel documents which it issues;
- respecting the fundamental rights of any migrants, including those that are nationals of third countries;
- supporting effective integration in the receiving community and a non-discriminatory treatment of regular migrants;
- offering specific assistance to migrants belonging to vulnerable categories of persons such as unaccompanied minors, victims of trafficking and others,;
- providing advice in view of building up the capacity to respond to migrants in need of specific social, psychological or medical assistance, also in view of cooperating in the prevention of the dissemination of communicable diseases;
- ensuring the application of the principle of non refoulement and offering durable protection solutions to those in need of international protection;
- developing and implementing asylum legislation in the partner country, in line with international standards, including through cooperation with UNHCR;
- facilitating the social and professional reintegration of the nationals of the partner country returning to their country;
- providing assistance for the voluntary return of third country nationals apprehended as irregular migrants on the territory of the partner State.
The above mentioned capacity building measures would facilitate circulation of persons from the Southern Mediterranean countries towards the EU. Such enhanced circulation will be further ensured through the mobilisation of the following key tools:
- The EU will offer to partner countries the conclusion of a visa facilitation agreement . The contents of the agreement however would be different from one partner to the other. These will be agreed on a case by case basis , but would at least support the mobility of students, researchers and business people.
- Depending on the actual possibilities and needs of the EU Member States interested in actively participating in the Mobility Partnerships and of their respective labour markets, and taking into account their right to determine the volumes of economic migrants to be admitted, the Mobility Partnerships could also encompass specific schemes for facilitating labour migration between interested Member States and the Southern Mediterranean countries. Such schemes could enable (1) specific programmes and/or facilitated legal frameworks for circular migration (including also in the seasonal sector), (2) capacity building to manage remittances towards enhancing their development impact, (3) capacity building for efficient matching between labour supply and demand and for managing return and reintegration, (4) recognition of professional and academic skills and qualifications, (5) development and implementation of legal frameworks for a better portability of social rights, (6) enhanced access to information on the job vacancies available in the EU Member States' labour markets, (7) identification of measures designed to improve co-operation and co-ordination between South Mediterranean countries and EU Member States on matters related to skills and how to better match labour supply and demand, building upon the work already done by the European Training Foundation (ETF).Within the framework of a Mobility Partnership, interested Member States, in line with their legislation, may also decide to take other specific initiatives aimed at facilitating access to their labour markets for migrants from the partner country.
The increased mobility as outlined above will depend on the prior fulfilment of a certain number of conditions, aimed at contributing to the creation of a secure environment in which the circulation of the persons would take place through regular channels and in accordance with the agreed modalities. The specific conditions to be met by each country would vary, depending on an assessment regarding the fulfillment of the objectives agreed through the Dialogue with each partner country, as well as by the level of cooperation developed by the latter with the EU.
Specific measures to be implemented can be listed (in a non-exhaustive way) as follows:
- putting in place voluntary return arrangements;
- concluding readmission agreements with the EU, encompassing provisions related to the readmission of their own as well as third country nationals, while ensuring the full implementation of their existing readmission obligations;
- concluding a working arrangement with FRONTEX ;
- building capacity in the area of integrated border management , document security and the fight against organised crime, including trafficking in human beings and smuggling of migrants;
- cooperating in the joint surveillance in the Mediterranean sea, inclduing through possible cooperation in the framework of the EUROSUR project, once established;
- demonstrating a willingness to cooperate with the EU in the identification of its nationals and residents, in particular in the case of police and judicial cooperation, as well as for the purposes of readmission and extradition;
- ratification and implementation of the UN Convention on Transnational Organised Crime (TOC) and its protocols on trafficking in human beings and smuggling of migrants.
A Mobility Partnership is conceived as a long term framework based on political dialogue and operational cooperation , which will be developed further within the general context of the relations between the EU and the partner country concerned, and will evolve over time.
To prepare for the conclusion of the Mobility Partnership between the EU and the partner country concerned, a dialogue at senior officials' level between the EU and the countries concerned will be set up, with the full participation of Member States, which would allow both parties to exchange views, clarify expectations and needs and identify areas of cooperation. This would allow the preparation of political decisions to be jointly taken at the political level. Such a dialogue would serve both the purposes of preparing the launching of the Mobility Partnership and of monitoring its implementation.
During the preparatory phase, the Southern Mediterranean countries would be requested to make progress towards building capacity for the efficient management of migration and to contribute towards establishing a secure environment for mobility, as conditions for the fair and sustainable implementation of the Mobility Partnership. The EU will support, both technically and financially, the efforts made by the partner country, including through the EU Agencies (FRONTEX, EASO and EUROPOL).
The EU will also need reinforced financial resources to support the progress of the South Mediterranean countries willing to build up their capacities to manage migration, mobility and security, and to engage in long-term cooperation on this endeavour.
The EU and the partner countries in the Dialogue will have therefore to consider best solutions to ensure adequate financing, within the exisiting allocations, to actions aimed at supporting capacity building and cooperation in these areas. Similar considerations would apply to the new financial instrument supporting the cooperation with Southern Mediterranean countries under the next EU financial framework.
Alongside the development of the Mobility Partnership, the EU Member States should consider, on a case-by-case basis, improving their consular coverage in the region, including through the establishment of Common Visa Application Centres supported by the EU. Moreover, cooperation under Local Schengen Cooperation should be reinforced and full use should be made of practical improvements and flexibility provided by the EU Visa Code, including reducing or waiving visa fees and issuing of multiple entry visas to bona fide travellers and specific categories of people (such as students, researches, and business people).
In the long-term, provided that visa facilitation and readmission agreements are effectively implemented, gradual steps towards visa liberalisation for individual partner countries could be considered on a case-by-case basis, taking into account the overall relationship with the partner country concerned and provided that conditions for well-managed and secure mobility are in place.
The Dialogue for migration, mobility and security will be launched progressively with the Southern Mediterranean Countries, including through the development of Mobility Partnerships , and taking into account (1) the overall relationship that the EU maintains with each partner country, (2) the current level of capacity in the partner country to manage migration flows, and (3) the willingness of the latter to engage in a constructive and effective dialogue aimed at establishing the Partnership. On this basis, the Commission proposes to start dialogues with Tunisia, Morocco and Egypt .
CONCLUSIONS
THE MEASURES PROPOSED IN THE PRESENT COMMUNICATION REPRESENT THE COMMISSION'S RESPONSE TO THE CALL MADE BY THE EUROPEAN COUNCIL AT ITS MEETING ON 24 MARCH 2011 TO PRESENT A " plan for the development of capacities to manage migration and refugee flows in the Mediterranean flows in advance of the June European Council ".
The proposals in this Communication come in addition to the initiatives proposed by the Commission on 4 May towards a more structured, comprehensive, rapid-response approach from the EU to the challenges and opportunities of migration, including strengthened border control and Schengen governance, completion of the Common European Asylum System, and a more targeted legal migration.
The Commission stands ready to further contribute to the elaboration of this Plan, and to its implementation, on the basis of the indications that the European Council will give at its forthcoming meeting on 24 June 2011.
The Commission is confident that the proposed set of measures will allow the EU to face up to its responsibilities. The Commission is also convinced that the EU must give a genuinely European response to those challenges. Such a response will be truly effective only if based on an expression of concrete solidarity between Member States and in partnership with the countries on the opposite shore of the Mediterranean, and if all the available means and instruments are mobilised.