Annexes to COM(2016)197 - Towards a reform of the common European asylum system and enhancing legal avenues to Europe

Please note

This page contains a limited version of this dossier in the EU Monitor.

agreements). Such a mechanism could be activated by Implementing Acts, to be adopted on the basis of objectively-defined criteria (e.g. UNHCR global resettlement targets).


The EU’s policy on resettlement should have the over-arching objective of ensuring that the Union takes on its fair share of the global responsibility to provide a safe haven for the world's refugees. This is a shared responsibility of the international community as a whole, and will only be adequately and sustainably addressed by a concerted and determined approach by all international actors. In that context, the EU needs to increase its support and participation for international initiatives aimed at addressing global migration and refugee challenges, such as UNHCR's global resettlement programmes, 30 but also press for increased pledging in other international contexts such as the G20. For that, the EU needs a structured common system to pool European resettlement efforts more systematically. This will enable the EU to lead by example as well as providing a visible and concrete expression of European solidarity towards the international community.


Member States should also consider other ways to increase legal entry options for people in need of international protection. Refugee-specific schemes, such as resettlement and humanitarian admissions, should be complemented by making existing regular admission schemes for general categories such as students, researchers or workers, more accessible to refugees, and initiatives already in place should be fully supported. Other initiatives, such as private sponsorship, where the costs of sponsorship and settlement support for persons in need of protection can be supported by private groups or organisations, can also play an important role in multiplying the legal entry possibilities. Private sponsorship can take various forms, from scholarships for students and academics to integration support for sponsored family members. Private sponsorship is not only a way to increase the possibilities of legal entry but also helps to raise public awareness and support for refugees, and allows for a more welcoming environment as local communities are usually involved. This should therefore be encouraged by developing best practices at EU level, taking inspiration from the models and experience from other third-countries. Member States are also encouraged to make full use of other available legal avenues for persons in need of protection, such as humanitarian permits and the Commission will assess ways to promote a coordinated European approach in this respect too.


II.2. A smarter and well-managed legal migration policy


Over the course of the last 13 years, the EU has developed a broad range of instruments on admission of different categories of legal migrants. The "Blue Card" and the Intra-corporate Transferee Directive 31 create a legal framework for highly skilled migrants; the revised Students and Researchers Directive 32 facilitates admission and intra-EU mobility for foreign students and researchers, and provides their right to stay on for 9 months to seek a job or set up a business; the Seasonal Workers Directive 33 - which will need to be fully transposed by Member States later this year – regulates the entry and temporary stay of seasonal workers, thereby facilitating circular migration and protecting this particularly vulnerable category of workers. In addition, the Single Permit Directive 34 offers a single permit combining both residence and work permit for third country nationals, the Long Term Residence Directive 35 regulates the conditions and rights of residence for third country nationals who have been residing in the EU for over 5 years, and the Family Reunification Directive 36  sets the conditions for entry and residence for family members of third country nationals.


However, further action at EU level is needed. Firstly, the EU has to improve migration rules for highly-skilled migrants through a reform of the EU Blue Card. Secondly, the EU should explore ways of attracting innovative entrepreneurs who can boost economic growth and help creating jobs. Thirdly, legal migration has to become fully part of the overall discussion with third countries of origin and transit on how to cooperate in the management of migration flows. Finally, a reflection should start on possible ways to change, in the longer term, the whole EU model of managing legal, and particularly labour migration, including possibly by taking inspiration from successful models developed by other developed countries.


a) Attracting highly skilled workers to Europe: a more effective Blue Card


Europe is an ageing continent with a declining working-age population 37 , expected to shrink by 18 million in the next decade. In addition, changes in the skills required by the EU labour markets between 2012 and 2025 show an increasing need for highly skilled human capital (from 68 to 83 million, or +23%) 38 . At the same time, there is a need to better harness the potential of EU’s workforce as evidenced by the high unemployment rates, especially among youth, the low participation rates and the persisting labour market mismatches in the EU. This requires concerted effort at all levels focused on investing in skills development of the existing workforce, fostering policies aimed at increasing the activity rate to use all skills available, and through promoting intra-EU mobility of workers. The forthcoming Skills Agenda for Europe will be a vital component in this effort with its focus on making better use and recognition of existing skills in the EU, improving the recognition of foreign qualifications, as well as encourage further skills development where needed. 39


However, it seems clear that these measures alone will not be sufficient to address the shortfall in skills: the EU will also need to attract talents and skills from abroad to remain a global competitive player. This is essential not only to meet current and future skills needs and ensure a dynamic economy, but also to ensure the sustainability of our welfare systems in the longer term.


Stakeholders' view clearly confirm this: in a public consultation on the Blue Card launched across the EU last year 40 , 85% of respondents including employers and trade unions considered that – in addition to policy measures such as recruiting from other Member States, increasing the retirement age and labour market participation rate – the recruitment of highly-skilled workers from outside the EU is a necessary measure to address labour shortages in particular sectors or occupations in the EU. In parallel, the first European Dialogue on Skills and Migration has called for an end to the fragmentation of admission policies for highly-skilled workers in Europe, advocating a fast and transparent admission scheme 41 .


The 2009 Blue Card Directive has failed to reach its potential as the EU-wide scheme for attracting talented and highly skilled third-country nationals it was meant to be. Admission conditions are fairly restrictive, the Directive provides for little coherence and harmonisation, and intra-EU mobility for Blue Card holders is very limited. Furthermore, a variety of national schemes for highly skilled exists in parallel with the EU Blue Card, creating a fragmented framework with many different applicable rules and procedures. As a consequence, the overall number of admissions for highly skilled workers into the EU remains low 42 , and compared to non-European OECD countries, the EU attracts low- rather than high-educated migrants 43 .


To make sure that the Blue Card is an effective instrument that facilitates the admission of highly-skilled workers, the Commission will propose changes to the current Directive with the overall aim of strengthening it as a Europe-wide scheme by developing a harmonised EU common approach including: providing for more flexible admission conditions; improving and facilitating admission procedures; and enhancing rights, including to intra-EU mobility. Besides legislative changes, the Blue Card will also be better promoted so that employers as well as migrants are fully aware of the advantages of the scheme.


b) Attracting innovative entrepreneurs to the EU


In order to remain a global competitive player, the EU needs to find better ways to attract new and support present migrant innovative entrepreneurs with human and financial capital to make positive contributions to the EU's growth and competitiveness. Attracting innovative entrepreneurs to the EU would not only be part of the general approach to soften the impact of the demographic decline. It would also capitalise on the expansion of innovative trends of the economy (in particular, the digital economy, the green economy and the social economy) and contribute more broadly to foster the EU's economic growth and competitiveness. This is also fully in line with the EU "Start Up Initiative" in the context of the Single Market Strategy 44 .


Against this background, the Commission will work further on ways to attract and support innovative entrepreneurs, including start-ups, from third countries. This could involve EU-wide rules on admission (and intra-EU mobility) but also measures to support the creation of businesses in high value-added sectors by highly-skilled migrant entrepreneurs. This approach could build on existing initiatives and services at European, national, regional or local level in the Member States and create appropriate synergies.


c) Towards a more coherent and effective model of legal migration management at EU level


In order to manage legal migration policies effectively, the EU will have to make better use of all its existing instruments, targeting different categories and skills of third-country nationals. That is why the Commission will launch a REFIT evaluation 45 of the existing legal migration instruments with a view to identifying potential inconsistencies and gaps, and streamlining and simplifying the rules currently in place. As part of this exercise, the Commission will also address the issue of whether there is a need for specific EU rules on international service providers within the context of trade agreements. The overall objective of this evaluation will be to improve existing rules as far as possible also in light of the need to prevent and combat labour exploitation, which the Fundamental Rights Agency (FRA) has shown 46 to be common among migrant workers. In that respect, the Commission will also continue monitoring the effective enforcement of the relevant EU acquis to ensure the protection of the rights of the migrants who are working in the EU, in particular to prevent labour exploitation, irrespective of their legal status.


The Commission will launch a study on the possible development of a mechanism at EU level that would aim at improving transparency and facilitating the matching between potential migrants and employers. In this regard, some developed countries which compete with the EU in attracting skilled migrants 47 have recently moved towards a system of pre-selection with a "pool of pre-screened candidates", followed by actual admission procedures. Such a system is both demand-driven (i.e. requiring the need for a job offer or a contract as a pre-requisite) and focuses on human capital elements (i.e. the skills and qualifications of the person, the experience etc.) 48 . Without questioning Member States' competence to decide the volumes of economic migrants they admit, the study would look into the possibility of a pre-screening mechanism enabling the creation of a pool of candidates accessible to Member States and employers in the EU.


d) Strengthening cooperation with key countries of origin


Ensuring legal migration pathways is the other side of the coin of reinforcing readmission and returns of those who have no right to stay – and both elements need to be fully included in the discussions with third countries, particularly countries of origin of migrants, on how to cooperate for an effective management of migratory flows. This is the approach adopted within the framework of policy dialogues and operational cooperation with third countries under the Global Approach to Migration and Mobility (GAMM), where legal migration and well-managed mobility are identified as priorities in the EU's external migration and asylum policy. Within the GAMM, the EU in recent years has signed mobility partnerships and common agendas for migration and mobility with several countries in its immediate and further neighbourhood 49 .


Closer cooperation will be sought with those partners that share interests with and are ready to make mutual commitments with the EU and its Member States, in particular as regards cooperation on readmission. The EU should offer a more comprehensive range of operational mechanisms and incentives to implement the Global Approach in a more structured and systematic way, as done through the High Level Dialogues, where more legal migration channels is a regular request formulated by third countries.


In its Conclusions on Migration of 18 February 2016, the European Council stressed that regarding relations with relevant third countries, the comprehensive and tailor-made packages of incentives that are being developed for specific countries to ensure effective returns and readmission require the full support of the EU and the Member States. The Commission and the High Representative/Vice-President, in full cooperation with the Member States, are pursuing this work with the aim to propose to the European Council comprehensive and tailor-made incentives, both positive and negative, encompassing all policy areas and to be used in discussions with third countries.


In doing so, the EU, in cooperation with the African partners, will build upon the conclusions set out in the Valletta Action Plan 50 which includes – amongst the possible actions in the area of legal migration and mobility – the pooling of offers on the EU side on legal migration, including pilot projects on facilitating recognition of qualifications in certain sectors/professions, and increasing the number of scholarships in the context of the Erasmus+ programme and the provision of support for pre-departure measures and public employment services.


III. CONCLUSION

The priority set by President Juncker that "Europe needs to manage migration better, in all aspects" – from the humanitarian imperative, the need for solidarity and the demographic and skills challenge – is valid more than ever. The Commission is therefore fully committed to achieving the important objective of shaping an integrated, sustainable and holistic EU migration policy.

To that end, it is appropriate through this Communication to launch a discussion on the important subject matters covered. There is no choice but to pursue the twin-track strategy of stabilising the present situation through the full respect and application of the existing legal framework, whilst facing up to the need in a future perspective to reform the architecture of those rules. In the midst of the present crisis, the limitations of the present system and the common challenges we face have been laid bare. Therefore, it is precisely at this moment, when concerted action and strong solidarity are most called for, that this future perspective is needed to open a path towards a humane and efficient European migration and asylum policy based on a fair sharing of responsibilities. In the light of the feedback it receives to this Communication, the Commission will then come forward with the appropriate proposals.


(1)

COM(2016)85 final.

(2)

COM(2015)240 final.

(3)

EUCO 1/16; SN 28/16.

(4)

EUCO 12/1/16.

(5)

COM(2015)671 final.

(6)

COM(2015)285 final.

(7)

COM(2015)668 final.

(8)

Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, OJ L 180, 29.6.2013, p. 31. The United Kingdom and Ireland are bound by this Regulation, following the notification of their wish to take part in the adoption and application of that Regulation based on Protocol 21 to the Treaties. The position of these Member States with regard to any amendment to this Regulation is defined by Protocol 21. Denmark applies the Dublin Regulation on the basis of an international agreement (OJ L 66, 8.3.2006 p.38). It shall, in accordance with Article 3 of that agreement, notify the Commission of its decision whether or not to implement the content of any amendment to the Regulation.

(9)

This has been confirmed by an external evaluation on the implementation of Regulation (EU) No 604/2013 (Dublin III Regulation) and evaluation report, available under http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/asylum/examination-of-applicants/index_en.htm.

(10)

The Commission adopted on 10 February 2016 a Recommendation [C(2016) 871 final] on the urgent measures to be taken by Greece in view of the resumption of Dublin transfers.

(11)

Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection , OJ L 180, 29.6.2013, p. 249.

(12)

Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection , OJ L 180, 29.6.2013, p. 96.

(13)

Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, OJ L 337, 20.12.2011, p. 9.

(14)

For instance, for the period between January and September 2015 the recognition rates for asylum seekers from Afghanistan varied from almost 100% in Italy to 5.88% in Bulgaria.

(15)

The Commission adopted reasoned opinions against Member States in nine infringement cases concerning their non-transposition of directives which are part of the Common European Asylum System, on 10 February 2016.

(16)

Council Directive 2001/55/EC of 20 July 2001, OJ L 212, 7.8.2001. This EU asylum instrument, intended to be activated in response to the mass influx of persons in need of international protection, has never been triggered, due primarily to its lack of an in-built compulsory solidarity mechanism to ensure a fair sharing of responsibility across Member States.

(17)

COM (2015) 450 final.

(18)

COM(2015)671 final.

(19)

For example, to all applicants not coming from a country-of-origin designated as safe by the EU.

(20)

Although the distribution key could follow the approach under the current and proposed relocation schemes, further reflection could be given to the design of the key, in particular as concerns the account to be taken of criteria such as the refugee population in Member States and unemployment levels as well as the other efforts made including through resettlement.

(21)

In 2015, 1.3 million applications were lodged in the EU.

(22)

COM(2016)205 final.

(23)

COM(2015)240 final.

(24)

Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection , OJ L 180, 29.6.2013, p. 96.

(25)

Directive 2011/51/EU of the European Parliament and of the Council of 11 May 2011 amending Council Directive 2003/109/EC to extend its scope to beneficiaries of international protection, OJ L 132, 19.5.2011, p. 1.

(26)

Proposal for a Council Regulation on the provision of emergency support within the Union, COM(2016)115 final.

(27)

 COM(2016)95 final..

(28)

SN 38/16.

(29)

COM(2016)171 final.

(30)

In particular, the UNHCR High-level meeting on Global Responsibility Sharing through Pathways for Admission of Syrian Refugees in Geneva on 30 March 2016, the first ever World Humanitarian Summit in Istanbul on 23-24 May 2016 and the UNGA Summit on large movements of refugees and migrants in New York on 19 September 2016.

(31)

Directive 2009/50EC and Directive 2014/66/EU respectively.

(32)

Political agreement on the recast Directive has been reached by the co-legislator in 2015. Formal adoption will take place in the first half of 2016.

(33)

Directive 2014/36/EU.

(34)

Directive 2011/98/EU.

(35)

Directive 2003/109/EC.

(36)

Directive 2003/86/EC.

(37)

See European Commission, The 2015 Ageing Report, European Economy 3/2015.

(38)

CEDEFOP projections.

(39)

Upcoming initiative/Communication/strategy and one of the ten political priorities of the European Commission.

(40)

  http://ec.europa.eu/dgs/home-affairs/what-is-new/public-consultation/2015/consulting_0029_en.htm .


(41)

On 27-28 January, the Commission launched the European Dialogue on Skills and Migration, to be held on a regular basis, to engage business and trade union partners more closely in the process of attracting and integrating skilled third country nationals into the labour market ( http://www.skillsandmigration.eu/ ).

(42)

Only 13 852 Blue Cards were issued in 2014 (even less in previous years) – 87% of which by 1 Member State - and about 25 000 national highly skilled permits.

(43)

Of all non-EU migrants coming to OECD countries, 48% of low-educated migrants choose an EU destination and 68% of the high-educated ones a non-European OECD destination.

(44)

COM(2015)550 final.

(45)

See Commission Staff Working Document "Regulatory Fitness and Performance Programme (REFIT) - State of Play and Outlook - REFIT Scoreboard" (SWD(2015) 110 final), annexed to Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, "Better Regulation for Better Results - An EU agenda" (COM(2015)215 final).

(46)

 Severe labour exploitation: workers moving within or into the European Union at http://fra.europa.eu/en/publication/2015/severe-labour-exploitation-workers-moving-within-or-european-union.

(47)

For example Canada, Australia and New Zealand.

(48)

See for example the Canadian "Express Entry" system: http://www.cic.gc.ca/english/Immigrate/skilled/index.asp .

(49)

Mobility partnerships exist with Jordan, Morocco, Tunisia, the Republic of Moldova, Cape Verde, Georgia, Armenia and Azerbaijan. Common agendas for migration and mobility exist with Nigeria and Ethiopia.

(50)

Valletta Summit, 11-12 November 2015.