REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Report on the implementation of the Global Approach to Migration and Mobility 2012-2013 /* COM/2014/096 final */
REPORT
FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN
ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Report
on the implementation of the Global Approach to Migration and Mobility 2012-2013 1. Introduction The
Global Approach to Migration and Mobility (GAMM) is, since 2005, the
overarching framework of the EU external migration and asylum policy. The
framework defines how the EU conducts its policy dialogue and operational
cooperation with third countries in the area of migration and mobility, based
on clearly defined priorities which reflect the strategic objectives of the EU,
and firmly embedded in the EU’s overall foreign policy framework, including
development cooperation. The
Commission Communication on "The Global Approach to Migration and
Mobility" of 18 November 2011[1]
launched a new and more consolidated, second phase of the GAMM. It introduced
several new elements, e.g. the inclusion of international protection and the
external dimension of asylum as a new thematic priority, and the expansion of
the scope of the policy framework to include "mobility", thereby
stressing the importance of fostering well-managed mobility of third country
nationals across the external EU borders. The subsequent Council Conclusions of
29 May 2012[2]
confirmed the GAMM as the framework for dialogue and cooperation with third
countries in a comprehensive and balanced manner. The Council also emphasised
the need for systematic monitoring of the implementation of the GAMM through biennial
reports. The
GAMM is implemented through several political instruments (bilateral and regional
policy dialogues and action plans), legal instruments (such as visa
facilitation and readmission agreements), operational support and
capacity-building (including via EU agencies, e.g. FRONTEX, EASO and ETF, and
technical assistance facilities such as MIEUX and TAIEX) as well as the wide
range of programme and project support that is made available to third country
administrations and other stakeholders, such as civil society, migrant
associations and international organisations. In the period 2012-2013, the
Commission has supported more than 90 migration-related projects with more than
€ 200 million in all regions of the developing world. In addition, several EU
Member States (MS) have provided financial support to the implementation of the
GAMM. The
principle bilateral frameworks for facilitating policy dialogue and operational
cooperation with partner countries are the Mobility Partnerships (MPs) and Common
Agendas on Migration and Mobility (CAMMs). So far, MPs have been concluded with
six countries: Moldova (2008), Cape Verde (2008), Georgia (2009), Armenia (2011), Morocco (2013) and Azerbaijan (2013). Discussions on the MP with Tunisia have been concluded (November 2013) and its signing is imminent. Discussions on a
MP have begun with Jordan (December 2013). Furthermore, a draft CAMM has been
proposed to India (April 2013) and Nigeria (October 2013), but substantive discussions
are yet to begin. 2. The bilateral dialogues Bilateral
dialogues on migration and mobility between the EU and third countries can take
different shapes. The MPs provide an important framework for policy dialogue
and operational cooperation on asylum and migration issues. Furthermore, with
countries with which a visa liberalisation dialogue has been launched, the policy
dialogue is to a large extent organised around the implementation of the Visa
Liberalisation Action Plan (VLAP). In some cases (Russia, India, China, USA) the EU has set up dedicated dialogues. With virtually all countries dialogue on
migration and other Justice and Home Affairs issues is also integrated in the
implementation of Association Agreements (AA), Partnership and Cooperation
Agreements (PCA), Framework Agreements (FA), Cooperation Agreements (CA) and
similar instruments concluded by the Union, including at the level of their
respective Councils and (sub-) Committees. Finally, technical cooperation takes
place in the context of the Joint Committees established by visa facilitation
agreements and readmission agreements, which monitor the implementation of
these agreements together with the third countries in question. 2.1. Enlargement
countries The
post-visa liberalisation monitoring mechanism allows for the assessment of the
sustainability of reforms and measures that have been implemented by the Western
Balkan countries (Albania, Bosnia and Herzegovina, the former Yugoslav
Republic of Macedonia, Montenegro and Serbia) through their visa liberalisation
roadmaps[3],
and to engage with them under the framework of the Stabilisation and
Association Process to address possible shortcomings and challenges. The
overwhelming majority of citizens from the visa-free Western Balkan states are bona
fide travellers with a legitimate purpose of travel to the EU. However, the
number of unfounded asylum requests by nationals of these countries in some MS
increased in 2012 and remained high in 2013, which affects the functioning of
the visa-free travel regime. A visa
liberalisation dialogue with Kosovo[4]
has been launched on 19 January 2012 and a roadmap towards a visa-free regime
has been handed over to its government on 14 June 2012. Nearly
three years after the finalisation of the negotiations, the readmission
agreement between EU and Turkey was signed on 16 December 2013. In
parallel to the signature of the readmission agreement a visa liberalisation
dialogue and a roadmap towards a visa-free regime was presented to Turkey in
line with the Council Conclusions on developing cooperation with Turkey in the
areas of Justice and Home Affairs[5],
which were adopted on 21 June 2012. FRONTEX
has well-functioning working arrangements with all Western Balkan countries and
continues to cooperate with the countries both organisationally and operationally.
FRONTEX is operating an alert system within the framework of the post-visa
liberalisation monitoring mechanism providing the Commission with the
assessment of the asylum flows. On 28 May 2012, FRONTEX signed a Memorandum of
Understanding with Turkey. 2.2. Eastern
Partnership countries Significant
progress has been made in 2012-2013 with regard to strengthening relations with
most of the EaP countries on migration and mobility issues. The
visa liberalisation dialogues have continued with Moldova and Ukraine while a new dialogue has been launched in 2012 with Georgia, aiming at
reaching in due course visa free travel. The Commission's progress report for Moldova of 15 November 2013[6]
concluded that Moldova meets all benchmarks of the Visa Liberalisation Action
Plan. Subsequently the Commission on 27 November 2013 adopted a proposal to add
Moldova to the list of countries whose citizens do not require a visa when
traveling to Schengen countries for a stay of up to 90 days[7]. The
visa liberalisation dialogues have proved to be an influential instrument for a
forward-looking policy on mobility and an efficient tool for advancing
far-reaching reforms in the whole area of Justice and Home Affairs, including
rule of law and justice reform[8].
In
2013, a € 20 million EU budget support programme was endorsed to secure
continued implementation of the VLAP in Moldova. Similarly, a € 28
million financing agreement was signed with Ukraine to provide support
for aligning the national migration and asylum systems with European and
international standards, and for supporting implementation of the VLAP. Furthermore,
the Commission continues to provide broader support for migration and border
management reforms in Ukraine. For example, a four year € 66 million support
programme is underway to strengthen the Ukrainian border management policy. An
upgraded visa facilitation agreement with Ukraine entered into force on
1 July 2013. Negotiations
on visa facilitation and readmission agreements with Armenia and Azerbaijan started in early 2012 and were finalised in a timely fashion. The
agreements with Armenia entered into force on 1 January 2014, whereas the
agreements with Azerbaijan are expected to enter into force in the coming
months. The
cooperation within the framework of MPs continues with Armenia, Georgia and Moldova while a new MP with Azerbaijan has been signed on 5
December 2013. Experience shows that cooperation has unambiguously been
strengthened through the MPs, and that substantial progress has been achieved
with regard to intra-EU coordination and inter-institutional coordination of
the relevant institutions in the partner countries. The flexibility of the MPs
enables bilateral and multilateral initiatives to be accommodated within the
same framework, and allows for addressing priorities of the partner countries
in a targeted way. Senior official meetings were organised on all three MPs, on
17 December 2012 and 25 October 2013 (Armenia), 18 December 2012 (Georgia) and 22 November 2012, 25 June 2013, 31 October 2013 and 10 December 2013 (Moldova) respectively. The MP with Moldova was subject of an in-depth evaluation by
an expert contracted by IOM. Its final report of 1 October 2012 demonstrated
that the MP with Moldova had contributed to the achievement of many priorities
of the partners, which were closely matched by the implemented projects and
initiatives. The MP helped the partners to address relevant issues related to
migration and mobility more effectively and created a conducive framework for
the active involvement in migration related discussions and cooperation at both
the regional and global levels. The activities under the MP umbrella have helped
Moldova to reform its legal framework on migration issues aligning to EU
standards, e.g. its asylum system. However, the evaluation report also
identified some challenges for the MP, such as (1) the need to preserve the
commitment and interest of MS – and promote their participation in the
different governance and coordination frameworks – as well as to involve new interested
MS in the MP, and (2) the need to demonstrate value-added of joint activities,
i.e. activities designed and implemented by more than one MS as a way to
improve synergies, exchange of information and best practices and reciprocal
knowledge among stakeholders. In terms of operational cooperation the EU is
currently funding almost € 50 million of projects on migration and border
management in Moldova, including a € 2 million initiative to promote legal
mobility between Moldova and the EU through the MP. Six
EU funded projects for a total of over € 8 million are currently under
implementation in Armenia, including a € 3 million project to support
the implementation of the MP, which should strengthen the authorities' capacity
in areas such as legal migration, migration and development and readmission and
reintegration. The
implementation of the MP with Georgia intensified after the
establishment of the Local Cooperation Platform in 2012. External cooperation
with Georgia has strengthened significantly since signing of the MP, and rapid
reforms of the Georgian migration and border management system have been
supported. Six projects for a total of approximately € 20 million are currently
under implementation in the country in the area of migration, including a € 1
million initiative focusing on strengthening the development potential of the
MP. As
regards Azerbaijan, the EU currently provides support for migration
management policy reform, notably through twinning with the State Migration
Service. The
EU's bilateral relations in the area of migration and mobility with Belarus have not yet developed. In November 2013 Belarus however indicated that it will
accept the outstanding EU invitation from 2011 to start negotiations on visa
facilitation and readmission agreements. Furthermore, some practical
cooperation on project level has taken place in the period 2012-2013 in
addition to cooperation in the framework of the regional migration dialogues. FRONTEX
signed working arrangements with the competent authorities of Armenia (22 February 2012) and Azerbaijan (16 April 2013). FRONTEX now have working
arrangements with all EaP countries. 2.3. Southern
Mediterranean countries Important
progress in establishing a stronger cooperation between the EU and the Southern Mediterranean countries has been made since 2011, in full coherence with the
European Neighbourhood Policy and the EU commitments made in the context of the
Arab Spring and its aftermath. Recently, the European Council called for
increased engagement with third countries in order to avoid that migrants
embark on hazardous journeys towards the EU[9].
In this context, it welcomed the Commission's Communication on the work of the
Task Force Mediterranean of 4 December 2013[10],
which includes operational actions to be carried out to prevent tragedies such
as the one off the coast of Lampedusa on 3 October 2013. Structured
Dialogues on Migration, Mobility and Security have been launched with Tunisia, Morocco (October 2011) and Jordan (December 2012). Provided that
conditions are met, the EU remains ready to start dialogues with other
countries in the region. In the context of the ongoing negotiations on a new
European Neighbourhood Policy Action Plan, Algeria has expressed
interest in such a dialogue[11].
The EU offer to launch a dialogue with Egypt has been reiterated at
several occasions since 2011, but has not yet received a positive reply. Libya remains a priority country for such a dialogue as soon as circumstances allow. Following
intensive discussions, a MP with Morocco was signed on 7 June
2013. The MP represents a clear achievement and benchmark for other countries
in the region. It includes a balanced set of commitments and initiatives
covering the four priority areas of the GAMM, i.e. legal migration, irregular
migration, international protection and migration and development. The
establishment of a national asylum system is one of the main commitments made
by Morocco. It also contains mutual commitments to collaborate on preventing
and fighting trafficking in human beings and on protecting its victims.
Furthermore, the MP has paved the way for the negotiation of a visa
facilitation agreement[12]
and the parallel relaunch of the negotiations on the readmission agreement that
had been stalled since 2010. A € 5 million project to support implementation of
the MP is currently under finalisation. In addition, an allocation of € 6 million
from SPRING funds is also foreseen in support to the MP. Likewise,
the finalisation of the discussions on a MP with Tunisia in November
2013 constitutes a positive development. For many months, the process was
complicated by the instable political situation in the country. The EU and Tunisia agree to closely cooperate under the MP umbrella to reinforce the legal and
institutional framework in terms of e.g. asylum and trafficking in human
beings, visa facilitation, to reinforce the training of staff in charge of
migration and to establish policies that deal with integration, fight against
exclusion and xenophobia towards migrants. In
the framework of the dialogue on migration, mobility and security, two expert
missions to Jordan were conducted in 2013, which made a positive
assessment of the authorities' capacity in the areas of relevance. Jordan expressed its readiness and interest to step-up cooperation with the EU. In December
2013 a draft MP was presented to the authorities of Jordan. Despite
the difficult security and political situation, EU has supported Libya in the areas of migration, border management and international protection.
Following the Council’s decision on 22 May 2013 to establish a CSDP mission,
assistance to the development of an integrated border management system in Libya is established in the framework of the EUBAM Mission in Libya. The € 10 million Sahara-Med
project is also contributing to this end. All
bilateral cooperation with Syria at political level has been suspended
thus no formal or informal cooperation with Syrian authorities on migration is
taking place at the moment. However, the EU together with its MS is the world’s
biggest donor in response to the refugee crisis and is providing considerable
humanitarian and development assistance to the Syrian population and to Syria's neighbouring countries, including through specialised international organisations
and civil society organisations. The
political commitment to strengthened cooperation with the Southern
Mediterranean countries has been matched by financial and operational support.
In Libya, for example, there are approximately € 30 million of on-going
EU-funded programmes, focusing on management of mixed flows, border management
and reception conditions of migrants. In September 2013 the implementation of
“Seahorse Mediterranean Network” project, which is led by the Spanish Guardia
Civil, started. The network will allow the participating Mediterranean
countries to exchange factual information on incidents and patrols in near-real
time via satellite communication. It will increase the capacity of the relevant
authorities to tackle irregular migration and illicit trafficking as well as to
respond to emergencies requiring search and rescue. The project is open to Algeria, Egypt, Libya and Tunisia. As
part of the € 5 million Euromed Migration III project, dialogue and cooperation
is fostered between countries of the Southern Mediterranean and the EU. The
project focuses on legal migration, migration and development and irregular
migration, and foresees specific meetings, training sessions and expert
missions in these areas. It also includes support for migration profiles and a
study on matching labour market needs with MS. Since
2011, the EU has been implementing a Regional Protection Programme (RPP) for
North Africa, focusing on Libya, Tunisia and Egypt. The budget of this RPP was
recently increased to € 5.5 million in late 2013 as a direct response to the
tragic incident off the coast from the Italian island Lampedusa. FRONTEX
has outstanding negotiation mandates for concluding working arrangements with Egypt, Libya, Tunisia and Morocco, but until now attempts to launch such negotiations have been in
vain. 2.4. Sub-Saharan
countries Some
progress has been made in 2012-2013 with regard to policy dialogue and
operational cooperation with particularly Cape Verde, Nigeria and South Africa. The
implementation of the MP with Cape Verde has continued satisfactorily in
2012-2013. During this period the EU and Cape Verde have signed agreements on
visa facilitation (October 2012) and readmission (April 2013), which are both expected
to enter into force soon. The EU is keen on keeping the MP vivid and dynamic by
commonly defining a new set of priorities for the short and mid-run. The
cooperation with Nigeria has progressed in a positive manner through
locally conducted dialogues on migration and development, based on Article 13
of the Cotonou agreement. The main topics discussed in this framework have been
irregular migration and trafficking in human beings, the latter being a matter
of concern for the country both at internal and external level. International
protection aspects have not yet been properly covered by the dialogues.
However, capacity-building in this area might be addressed in the future, and
could be extended to cover also internally displaced person. During the local
dialogue meeting of 20 March 2013, Nigeria has expressed its interest in
upgrading the cooperation with the EU in the framework of a CAMM. On 7 October
2013 a draft CAMM has been proposed to Nigeria. The
cooperation with South Africa on migration issues takes place under the
umbrella of the Migration Dialogue Forum, a yearly event organised in the
margins of the Joint Cooperation Council. In this context, South Africa has expressed its interest in negotiating a visa-facilitation agreement with
the EU, while the EU has asked for a full visa-free regime for the nationals of
all MS. During the EU-South Africa Summit on 18 July 2013 it was agreed to
"(…) explore options for further enhancing and structuring our
cooperation, including the possible establishment of a Common Agenda on
Migration and Mobility". Efforts
by the EU to reach out to Ghana in order to step up the cooperation in
the framework of a CAMM were conducted through an information workshop in Accra in January 2012 and in the wider policy dialogue framework in July 2012. In
total over 35 migration-related projects focusing specially on sub-Saharan
countries were implemented in 2012-2013. These projects cover all areas of
migration, but focus is placed on migration and development initiatives,
assistance to refugees and vulnerable migrants and the fight against
trafficking in human beings. Overall, cooperation with Western African
countries is most advanced, which can be partly attributed to the progress made
in the regional processes. The EU is also promoting significant support to
Western African countries for capacity building on migration and border
management. For example, a € 24 million initiative to support the effective
implementation of the Economic Community of West African States (ECOWAS) Free
Movement Protocols and ECOWAS Common Approach on Migration was launched in
2013. Cooperation
between the EU and the Eastern African countries in the area of
migration is more limited, and the political situation of several countries in
the area has not allowed paving the way towards a more effective cooperation.
However, a number of projects are being implemented in the area, including a €
5 million RPP for the Horn of Africa (Kenya and Djibouti). FRONTEX
has signed a working arrangement with Nigeria on 12 January 2012 and
with Cape Verde on 14 January 2012. 2.5. Asian
countries Following
the 15th EU-China Summit in September 2012, where it was agreed to
explore possibilities of facilitating mobility and strengthening cooperation on
fighting irregular migration, cooperation with China on these issues has slowly
progressed. In light also of the Chinese reaction and concerns regarding the
fingerprinting of diplomatic passport holders (a consequence of the rolling out
of the EU Visa Information System), the two sides decided to establish a High
Level Dialogue on Migration and Mobility. A first meeting took place on 14
October 2013, where e.g. the possibility to launch parallel negotiations on
readmission issues and a visa waiver agreement for diplomatic passport holders
was discussed. The
cooperation between the EU and India on migration issues was recently
given new impetus. Following the launch of a migration dialogue in 2006, and a
further meeting in 2010, a meeting of the High Level Dialogue on Migration and
Mobility took place on 2 July 2012 in New Delhi. India expressed an interest in
further strengthening this cooperation by establishing a CAMM with the EU.
Subsequently, a draft CAMM was proposed to India in April 2013. Dialogue
and cooperation with other countries in Asia, especially South East Asia
(e.g. Vietnam, Indonesia), currently takes place on an ad hoc basis following expressions
of interest, and within the framework of the international agreements (PCA, FA)
concluded by the EU. Considering the mixed nature of these agreements, which
adds to the time required for their conclusion and entry into force, migration
is regularly singled out for so-called "early implementation" with
the countries in question. Preventing and fighting trafficking in human beings
is an issue of importance in these dialogues. Furthermore, visa cooperation
with the EU (visa facilitation, waivers for diplomatic passport holders) is a
standing interest of several countries in this region. Given
the importance of regional migration on the development of Asian countries,
migration is receiving increasing attention in development cooperation with the
region. For example, in 2013 a € 1.6 million project was launched with ILO to
improve the capacity of Bangladesh, Indonesia, Nepal and the Philippines to manage labour emigration. 2.6. Other
priority countries The
cooperation between the EU and the United States of America on migration
issues continues in the framework of the EU-US Platform on Migration and
Refugee issues, launched in 2010. The Action Plan of the Platform includes 10
priority areas, among which return and reintegration, biometrics, resettlement,
trafficking in human beings, migration management capacity building or labour
migration. In 2012, a study trip to the US on resettlement issues took place in
the framework of the Platform, and several activities were organised on
trafficking in human beings, including a study trip to the US by the EU
Anti-Trafficking Coordinator (March 2013). In November 2013 a seminar was
organised on the Syria refugee crisis and crisis-induced migratory flows, which
also helped identify possible issues for further cooperation (such as
resettlement). The Platform has also been used to coordinate positions in view
of international migration-related events, such as the High-level Dialogue on
International Migration and Development and the Global Forum on Migration and
Development (GFMD)[13]. The
EU-Russia Dialogue on Migration, which was launched in May 2011,
provides a platform to address common challenges in an informal and non-binding
environment[14].
Each year, one senior officials meeting and two thematic meetings combined with
study trips are being organised. So far five thematic meetings have taken
place, on international protection (Moscow, December 2011), irregular migration
(Budapest, March 2012), migration and development (Saint Petersburg, October
2012), legal migration (Bratislava, February 2013) and irregular migration (Kaliningrad, July 2013). In the framework of the dialogue, work will start in 2014 on
developing online migration portals targeting both European and Russian
citizens. In
2007, a visa dialogue with Russia was launched. The Parties agreed on a list of
"Common Steps towards Visa Free Short Term Travel of Russian and EU
Citizens", the implementation of which is conditional for negotiations on
an EU-Russia reciprocal visa-waiver agreement. In December 2013 the Commission
presented its first report on the progress in the implementation of the Common
Steps[15]. 2.7. Lessons
learned The
bilateral dialogues in their rich variety provide a useful channel for
strengthening cooperation, addressing relevant, and at times sensitive
migration and mobility issues of mutual concern, and for building trust between
partners. Experience
with the existing MPs has shown that they have acknowledged and accommodated
the priorities of partner countries, and that they have been critical in
getting EU and partner countries together around one table and encourage them
to think about their migration policies and international cooperation in a
coordinated way. However, more work needs to be done to make sure that the MPs are
being implemented in a balanced manner, i.e. better reflecting all four
thematic priorities of the GAMM, including more actions with regard to legal
migration, human rights and refugee protection. Migration
and mobility are increasingly being discussed as part of broader political
dialogue in the framework of AAs, PCAs or CAs and their subcommittees. This
positive trend can contribute to raising the profile of migration in the EU’s
overall external relations and strengthening attention to migration issues
under the bilateral development cooperation. At the same time, there should
also be a stronger focus on broader external relations aspects in the migration
and mobility matters at EU-internal level. Deeper involvement in these
dialogues of Commission or MS experts (often difficult due to budgetary and
timing constraints) or the building of more expertise in the EU Delegations
offer a possible way forward. 3. The regional dialogues In
the context of the GAMM priority is given to the Prague Process, the Budapest
Process and the Eastern Partnership Panel on Migration and Asylum towards the
East, the Africa-EU Partnership on Migration, Mobility and Employment and the
Rabat Process in the South, as well as to the EU-CELAC Structured and
Comprehensive Dialogue on Migration and the ACP-EU Migration Dialogue. This
section briefly describes the state of play on each of these dialogues. 3.1. Prague Process The
Prague Process is a framework for dialogue and cooperation between the EU and
its MS, the non-EU Schengen States and 19 partner countries to the east (Russia, Eastern Partnership countries, Central Asian countries, Western Balkan countries, Turkey). The work is based on the Joint Ministerial Declaration (Prague, 2009) and the
Action Plan 2012-2016, adopted at the second Ministerial Conference of the
Prague Process (Poznan, November 2011). The
dialogue process is providing an effective framework for coordinating and
promoting operational cooperation on migration issues. The wide geographical
scope of the process, encompassing countries from different regions of
strategic interest for the EU, allow for exchanges of good practices and
experiences between states facing different but often interrelated challenges
and opportunities. Numerous activities have been organised in 2012 and 2013 at
both experts and senior officials' level: workshops on legal migration
(Budapest, September 2012 and Prague, February 2013), migration and development
(Budapest, September 2012), international protection (Stockholm, October 2012
and Warsaw, January 2013), migration profiles (Florence, January 2013),
irregular migration (Lvov, November 2012, return and readmission (Warsaw, March
2013) circular migration (Tbilisi, October 2013) and migrant smuggling and
trafficking in human beings (Bratislava, September 2013) as well as senior
officials meetings (Warsaw, April 2012, Prague, February 2013 and Kiev,
November 2013). The
Commission supports the implementation of the Poznan Action Plan of the Prague
Process via a targeted € 3 million support project, which reflects the thematic
priorities of the GAMM. The deliverables vary from support for the development
of Migration Profiles, to guidelines on various policies such as labour
migration and readmission, and specific trainings for government officials e.g.
in the field of asylum. The EU has also launched other initiatives linked to
implementation of the Prague Process, including a € 1 million project on
irregular migration and a € 600,000 initiative on strengthening integration
policy in Russia. 3.2. Eastern
Partnership Panel on Migration and Asylum The
Eastern Partnership (EaP) is the framework for cooperation between the EU and Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine. Joint Declarations were adopted at
Eastern Partnership Summits of Prague (2009), Warsaw (2011) and Vilnius (2013). The dialogue on migration and mobility takes place in the context of the
Panel on Migration and Asylum, established in 2011 which succeeds the work
previously undertaken through the Söderköping process. Following
its launch in December 2011 the EaP Panel on Migration and Asylum, has picked
up speed quickly with four meetings organised in 2012 and 2013 on refugee
determination status (Tbilisi, May 2012), circular migration (Chisinau, October
2012) return, readmission and reintegration (Tbilisi, March 2013) and
integration of migrants and refugees (Prague, November 2013) as well as expert
workshops focusing on country of origin information (Bucharest, September
2012), victims of trafficking in human beings (Warsaw, May 2013) and
statelessness (Budapest, December 2013). It features several points of
strength, especially in its methodology and organisation. First, it has a
varied composition that includes representatives of EU institutions and
governmental authorities, academia and NGOs. Second, its informal nature allows
for fruitful exchanges and confidence-building among participating states. In
October 2013, at the first EU-EaP Justice and Home Affairs Ministerial Meeting
the participants confirmed their commitment to enhanced dialogue and
cooperation on, amongst others, migration and mobility. This commitment was
reconfirmed at the EaP Summit on 28-29 November 2013 in Vilnius, where the
declaration highlighted the importance of mobility and referred to the Panel on
Migration and Asylum. 3.3. Budapest Process / Silk Routes Partnership for Migration The
Budapest Process was initiated in 1991 as a consultative forum, currently
involving more than 50 governments – including the countries of the Western
Balkans, EaP, Central Asia, Afghanistan, Iraq, Russia, Pakistan and Turkey – and 10 international organisations, aiming at developing comprehensive and
sustainable systems for orderly migration. Under the banner of the Budapest
Process, the Silk Routes Partnership for Migration was established at the
Ministerial Conference held in Istanbul on 19 April 2013. The
Budapest Process has been undergoing a new geographical orientation,
culminating with the adoption of the Istanbul Declaration on "A Silk
Routes Partnership for Migration" on 19 April 2013. This declaration
provides the basis for a possible significantly strengthened dialogue and
cooperation on managing migration flows between countries along the Silk Route, which has been rather limited in the past. The declaration brings some important
elements to the forefront such as a clear commitment to respect of human rights
in migration management. The working group on the Silk Route held in Islamabad, Pakistan, on 28-31 October 2013 gave promises of a constructive cooperation in
the future. The Senior Officials Meeting in Istanbul on 9-10 December 2013
adopted an Action Plan with concrete and operational measures to be
implemented. The Commission is funding a € 2,6 million project to support the
dialogue, with additional co-funding from a number of MS and Turkey. 3.4. Africa-EU
Partnership on Migration, Mobility and Employment The
Africa-EU Migration, Mobility and Employment (MME) Partnership was launched
during the 2nd Africa-EU Summit of Heads of State and Government in Lisbon in December 2007. The Partnership was extended at the 2010 Africa-EU Summit in
Tripoli, where also an Action Plan for the period 2011-2013 was adopted,
containing 12 concrete initiatives in the area of migration, mobility,
employment as well as higher education. The
implementation of the 2011-2013 Action Plan was interrupted in 2011 following
the events in Libya (the African co-chair of the MME Partnership), but was
resumed in 2012. Since then, several meetings have been organised addressing
issues such as trafficking in human beings (Johannesburg, December 2011),
migrants' rights (Nairobi, May 2012), migration and mobility within regional
economic communities (Addis Ababa, July 2012), access to international
protection (Barcelona, October 2012) and facilitating mobility through enhanced
border management (Cotonou, July 2013). The Commission has funded a € 3.6
million project to support the dialogue through organisation of expert
seminars, senior officials meetings etc. The
MME-process finds its added-value in its continental dimension and the
coordination of migration related activities of the African Union and the
different African Regional Economic Communities. However, the continental
character also constitutes the main challenge of the partnership, given the
diversity of migration flows within Africa and towards Europe. The links with
employment and education, although pertinent in theory, have not been fully
exploited in practice. Today, the Africa-EU Strategic Partnership is at an
important crossroads. In preparation of the Africa-EU Summit on 2-3 April 2014,
a renewed structure is under discussion and whilst its outcome is yet unknown,
there seems to be a consensus to introduce more flexibility to address the
challenges that both continents face, including on the issue of migration and
mobility. In preparation for the 2014 Summit a Senior Officials Meeting on
Migration and Mobility was organised in November 2013 in Brussels, which agreed
on a draft action plan for 2014-2017 and the establishment of a core group encompassed
by the two Commissions and six states on each side. 3.5. Rabat Process The
Rabat process was launched at the first Euro-African Ministerial Conference on
Migration and Development that took place in July 2006 in Rabat. The process
aims to enhance dialogue and cooperation between countries of origin, transit
and destination along the West African migration route. A second Ministerial
meeting took place in 2008 in Paris. The third one was held in Dakar in November 2011, where the Dakar Strategy for 2012-2014 was adopted. On 23
November 2011, the Third Euro-African Ministerial Conference on migration and
development consolidated the achievements in the implementation of the previous
cooperation programme, and adopted a new strategy, the Dakar Strategy, for the
years 2012-2014. The Rabat Process has established a solid and fruitful
dialogue between the EU and countries in North and West Africa, and has
fostered enhanced cooperation through the implementation of bilateral,
sub-regional, regional and multilateral initiatives. In 2012 and 2013 expert
meetings were organised focusing on border management (Brussels, June 2013),
strengthening evidence based policy making in the field of migration (Dakar,
September 2013) and border management (Madrid, 2013), as well as three meetings
of the Steering Committee. The Commission supports the Rabat process through a
€ 2 million project. 3.6. EU-CELAC
Structured and Comprehensive Dialogue on Migration The
EU and Latin America and the Caribbean (CELAC) Structured and Comprehensive
Dialogue on Migration was launched in June 2009 following the mandate of the
EU-LAC Lima Summit (2008). The commitment to further develop the Dialogue was
renewed at the EU-LAC Madrid Summit (2010). The Madrid Action Plan included
migration among the six key areas for cooperation between the two regions.
These areas were reconfirmed at the Santiago Summit (2013) leading to the
adoption of the EU-CELAC Action Plan 2013-2015. Three
meetings of the EU-CELAC High Level Meeting on Migration have been organised in
2012 and 2013 during which the following issues have been discussed: economic
growth and migration, trafficking in human beings, protection and integration
of migrants, the fight against all forms of discrimination, racism and
xenophobia, voluntary return and reintegration. Furthermore, an expert seminar
on new migration trends was organised in November 2013. In
November 2012, the seventh EU-CELAC High Level Meeting on Migration endorsed a
Commission position paper on the future of the dialogue, which called for a
more operative and result-oriented approach. This should be attained, firstly,
through reinforced technical cooperation at expert level; secondly, by allowing
for a more operational use of the Brussels-based working group meetings, and
finally through a clearer steering role of the High Level Meetings, ensured
through wider MS involvement and improved bi-regional proceedings. Operational
activities in the framework of the dialogue are implemented through a
Commission funded € 3 million support project. The project has contributed to
improve knowledge of the migration reality in the region, including through the
production of Migration Profiles for Peru, Ecuador, Jamaica and Nicaragua. 3.7. ACP-EU
Migration Dialogue The
ACP-EU Migration Dialogue was launched in June 2010 through a Joint Declaration
of the ACP-EU Joint Council. The dialogue is based on Article 13 of the Cotonou
Agreement. In May 2011 it was decided to further deepen the dialogue, focusing
in particular on the subjects of remittances, visa[16] and
readmission, with the specific aim to strengthen the operational aspects of
ACP-EU cooperation on these topics. In
2012 a series of experts meetings took place in Brussels on remittances
(February 2012), visa (February 2012) and readmission (April 2012) as well as
meetings at Senior Official level. Recommendations on remittances, visas and
readmission were endorsed at ministerial level in June 2012 at the ACP-EU Joint
Council of Vanuatu. In 2014 concrete follow-up is being foreseen on the topics
of visa, remittances and readmission, in particular through an EU-funded € 10
million support project. Irregular migration and trafficking in human beings will
be added as new topics of the dialogue. Despite
of progress made, the ACP-EU Migration Dialogue is complicated by the fact that
the African, Caribbean and Pacific macro-regions are very differently placed
with respect to EU migration policies and their commitment in this dialogue
varies accordingly. 3.8. Lessons
learned The
seven regional dialogues have all succeeded in creating a platform for
dedicated policy debates with groups of third countries, and they all
contributed to improving overall political relations with these countries.
However, operational results are more mixed. To be truly successful, a process
needs to benefit from political commitment to push the agenda forward from both
the EU and partner countries as well as ability to demonstrate concrete
achievements, which can build trust and confidence amongst stakeholders. One
way to achieve dynamism is when a group of dedicated MS take co-responsibility
for driving a dialogue process forward, as is the case for e.g. the Prague
Process or the Rabat Process. An alternative model that can also produce
results is when the Commission has a well-defined and leading role in the
process, as is the case in the EaP Panel on Migration and Asylum. Further
efforts are also required to ensure tangible operational results, including by
strengthening efforts to plan and implement activities in priority areas and by
regularly monitoring actions undertaken. Several
regional dialogues suffer from a lack of engagement from MS. Participation of
MS in meetings is not always sufficiently numerous, and often not sufficiently
active. Once a dialogue has lost part of its drive, efforts should be made to
revitalise the platform by organising fewer and more targeted meetings and to
allow for more horizontal discussions among participants. However, efforts must
bring added value. If, despite various attempts, this cannot be obtained, the
option of discontinuing certain dialogues should also be considered, in
consultation with partners concerned taking into account the role of the
migration dialogue within the wider political dialogue with the region
concerned. Dialogue processes should be managed with sufficient flexibility to
respond to changing priorities and to ensure that meetings correspond to
genuine priorities on both the EU and partner country side. In considering the
establishment of new dialogues, a greater focus should be placed on temporary
initiatives rather than the establishment of new permanent processes. 4. Global processes In
accordance with the Lisbon Treaty – which provides a unique opportunity to put
the EU on a completely new footing, allowing the EU to realise its full
potential on the global stage – the EU has actively engaged in discussions in
2012 and 2013 on international migration and development and global migration
management. In the various regional multilateral and global cooperation
frameworks, the EU has promoted the partnership-based GAMM methodology. Furthermore,
it has supported, endorsed and contributed to the international discourse on
the migration-development and the migration-climate change nexus, which aims at
maximising the positive impacts of migration and mobility on development and
poverty reduction, while making the link between migration and strategies of
adaptation to climate change. Notably, a 2012 UN Framework Convention on
Climate Change (UNFCCC) Conference of the Parties Decision[17] on
"approaches to address loss and damage associated with climate change
impacts in developing countries" acknowledges the work to advance the
understanding of and expertise on loss and damage, including how climate change
is affecting patterns of migration, displacement and human mobility. The
EU is also engaging more strongly with UNHCR and in international discussions
or initiatives on international protection and has stepped up cooperation with
IOM through the establishment of a strategic partnership in 2012. EU
has funded a number of projects with a focus on supporting global-level initiatives.
For example, a € 4.2 million “Global Action Programme on Migrant Domestic
Workers and their Families” has been launched with ILO, which has support for
implementation of the ILO Convention on Domestic Workers as one of its
objectives. 4.1. High-level
Dialogue on International Migration and Mobility The
EU played a central and influential role in the preparations for the second
High-level Dialogue on International Migration and Development, which was
organised on 3-4 October 2013 during the UN General Assembly in New York. During the plenary session of the meeting Commissioner Malmström presented a
statement on behalf of the EU and its MS. The UN High-level Dialogue
successfully renewed and strengthened the political commitment to the issue of
international migration and development. The outcome declaration demonstrated
that the international community is capable of reaching political agreement on
migration and development issues, including by clearly stating the need for considering
migration in the elaboration of the post-2015 development agenda, and it
provides testimony to the positive progress made in recent years in an area
where dialogue essentially failed in the past. 4.2. Global
Forum on Migration and Development Similarly,
the EU is playing an active role in relation to the GFMD, including through
participation in the preparatory government teams and by assuming a prominent
role in the GFMD Summit in November 2012 (Port Louis). The EU is also
contributing actively to the preparations of the upcoming GFMD Summit in Stockholm in May 2014. 4.3. Lessons
learned The
GAMM makes it possible for the EU to speak with one voice. Experience from the
High-level Dialogue has shown that the EU is stronger, more visible and more
effective in its external relations when all EU actors and the MS work together
on the basis of as common analysis and shared vision. It
will be important to build on the momentum of the High-level Dialogue in order
to deliver concrete and operational results at the GFMD Summit in Stockholm in
May 2014 and beyond, e.g. on facilitating international labour mobility, as
well as to better define how the importance of migration as a development
enabler can be reflected into the post-2015 development agenda. 5. The way forward: towards a further
strengthening of GAMM In
spite of the multitude of processes and activities implemented in the context
of the GAMM and the major progress achieved in integrating the objectives of the
GAMM in the EU's dialogue and cooperation with third countries, further
consideration should be given to possibilities to make the GAMM even more
effective and more performing. This section looks into some venues for a
further strengthening of the GAMM, both at the level of policies and in
relation to implementation modalities. 5.1. Policies 5.1.1. Migration,
mobility and economic growth The
potential to use the external migration policy to support MS' efforts to secure
economic growth and competitiveness, including by attracting and keeping
high-skilled talents, is still underexploited. It
should be considered how to make better use of the various instruments
developed under the GAMM to take full advantage of the role that migration can
play in addressing labour and skills shortages in Europe. Further efforts
should be made to better organise labour migration to the EU and to coordinate
MS actions, i.e. to progressively find a better balance between national
competences – in particular decisions on the employment of a third country
national at the territory of a MS – and the necessity of building an
increasingly integrated EU labour market, which corresponds to the increasingly
integrated Single Market[18].
Similarly, it should be considered how to make best use of the GAMM instruments
to facilitate trade related mobility, in particular in relation to trade in
services by presence of natural persons in the territory of trading partners
(so called "mode 4" of the General Agreement on Trade in Services),
while acknowledging that mode 4 is not migration on a permanent basis or seeking
entry to the labour market of a host country. In
this context, the role of the MPs could be emphasised, which aims at enhancing
the mobility of persons, e.g. by facilitating the mobility of service
providers, the exchange of students or professionals, enhancing migration
management capacities in third countries, introducing circular migration
programmes, strengthening social protection of legal migrants, addressing where
appropriate portability of social rights, etc. Facilitating
the issuance of short-term visas can produce numerous positive effects for
development in third countries such as improving business opportunities and
trade ties with the EU, and strengthening people-to-people contacts. Furthermore,
the potential offered by the Visa Code should be used to the fullest. There is
still reluctance from MSs to issue multiple entry visas with a long period of
validity to frequent travellers. The Commission will propose in 2014 amendments
to improve the Visa Code which will inter alia ensure that the EU visa policy
fosters economic growth and cultural exchanges by further facilitating travel
to the EU of legitimate travellers while ensuring a high level of security of
the EU. In
terms of operational actions, the Commission has continued to finance several
actions aiming to increase the capacity of partner countries to manage labour
emigration, including towards Europe. For example, the € 5 million support
project to implement the Morocco MP includes a substantial component on
reinforcing the capacity of the relevant Moroccan authorities to better manage
labour migration through enhanced cooperation with EU partners. 5.1.2. International
protection The
inclusion of international protection and the external dimension of asylum as a
specific thematic priority of the revised GAMM has allowed these issues to be
addressed in a more systematic and strategic manner through the GAMM dialogues
and frameworks. For example, the MP with Morocco calls for support to the
Moroccan authorities in strengthening their national asylum system. Even
though progress has been made, more work is needed to ensure that all policy
dialogues and cooperation frameworks will incorporate this dimension, and that
cooperation with third countries in managing asylum and refugee flows will be
strengthened. It should be given more consideration how EASO, while drawing on
asylum experts from MS, could contribute to improving asylum and reception
capacities in third countries, including within the framework of MPs, e.g. by
applying the twinning cooperation methodology as appropriate. In
the area of international protection and asylum the Commission’s development
cooperation instruments launched more than 15 new projects in 20 partner
countries in 2012-2013, for an amount of more than € 25 million. Furthermore,
the Commission has been considering working towards enhancing the development
focus of RPPs, whilst maintaining their emphasis on enhancing the protection
capacity and asylum systems in partner countries and regions. This is reflected
in the € 16 million Regional Development and Protection Programme for the
Middle East (Jordan, Iraq and Lebanon), which is expected to be launched in the
near future as a long-term response to the refugee crises in the region. The
programme will not only provide capacity building in respect of refugee
protection for local and national authorities, but will also support
socio-economic development for both refugees and host communities. There
is scope to further improve the RPP instrument, e.g. to clarify its use as a
strategic tool to unlock protracted situations and expand the protection space
in regions relevant to the EU. It should ensure that refugees can enjoy an
adequate level of protection, livelihoods and eventually benefit from a durable
solution. This could include exploring the close link between lack of
self-reliance and enhanced vulnerability to protection problems in the host
country. Furthermore, as stated in the Commission Communication on the work of
the Task Force Mediterranean of 4 December 2013[19] new
RPPs will need longer-term engagement and funding, if they are to be
successful, both from the EU and the MS level. Furthermore,
the success of RPPs depends also on the commitments that first asylum countries
make on behalf of refugees beyond the provision of first asylum protection.
This may entail commitments with respect to the maintenance of effective
protection, improving livelihoods for refugees as well as hosting populations,
implementing self-reliance strategies, local integration or the acceptance of
returns from secondary movements. There
is also scope for a more strategic use of resettlement and a better integration
of resettlement activities into EU external relations. Coordination of such
activities, both politically and practically, at the EU level and among the MS
could undoubtedly enhance the strategic impact of resettlement, especially
since the EU will be in a position to expand funding to more
resettlement/humanitarian admission places and make the funding more rapidly
available to allow quick responses to crisis situations. In 2012, 4930 refugees
were resettled to the EU as a whole[20].
In seeking to use resettlement more effectively, it could be considered how
broader linkages can be achieved through partnership with first asylum countries. 5.1.3. Human
rights of migrants The
protection of the human rights of migrants is a cross-cutting priority in the
EU's cooperation with third countries. This is reflected in the numerous
projects carried out under the GAMM focusing on protecting migrants, including children
and vulnerable groups like asylum seekers, from abuse and human rights
violations such as trafficking in human beings, and empowering them through
effective integration policies and promoting
access to basic services such as healthcare. Protecting the human rights of
migrants is a cross-cutting priority of numerous EU-funded initiatives on
migration. A number of targeted actions are ongoing in this area. For example
the Commission is currently launching a € 9.5 million globally coordinated
civil society action with the International Federation of the Red Cross,
focusing on the rights of vulnerable migrants and victims of human trafficking.
Furthermore, regarding the right to access the healthcare for migrants
including irregular migrants, the Commission launched in 2012 a direct grant agreement
with IOM on a project on fostering health provision for migrants, the Roma and
other vulnerable groups[21]. Protecting
migrants, including those most vulnerable such as women and children against
exploitation and exclusion is considered as one of five main fields of action
in the 2011-2013 Multi-Annual Strategy Paper for the Thematic Programme. However,
more work can still be done to address human rights issues in a systematic
manner in policy and political dialogues with third countries. In the report on
the management of the EU's external borders and its impact on the human rights
of migrants of 24 April 2013, the UN Special Rapporteur on human rights of
migrants acknowledged that protection of human rights of migrants is enshrined
as a cross-cutting priority in the GAMM. The Special Rapporteur formulated a
list of recommendations which will be important to consider in the future
implementation of the GAMM. Constant attention should be given to the human
rights of migrants, in particular children and other vulnerable groups, and to
encourage partner countries to adopt and implement reforms ensuring a set of human
rights standards for migrants. The
period covered by this report also brought important EU policy development in
the area of human rights in general. On 25 June 2012, the EU's Strategic
Framework on Human Rights and Democracy[22]
was adopted – the first ever set of principles and objectives to guide the work
on promoting human rights around the world. Furthermore, in June 2012 the
Commission adopted a Communication on "The EU Strategy towards the
Eradication of Trafficking in Human Beings 2012-2016", which aims to
strengthen coordination, coherence and cooperation in preventing and combating
trafficking in human beings and protecting its victims, also in the external
dimension[23]. 5.1.4. Migration
and development On 21
May 2013, the Commission adopted a Communication on "Maximising the
Development Impact of Migration"[24],
which includes proposals on how the EU can adopt a more ambitious approach to
migration and development, in particular through the GAMM and the EU
development policy, the Agenda for Change. It proposes a broadened approach to
the migration-development nexus at EU level, which gives greater attention to
South-South flows, effective integration of migration into national development
and poverty reduction plans and the inclusion of refugees and other displaced
persons in long-term development planning. The main orientations of the Communication
were endorsed through Council Conclusions adopted on 23 September 2013, which include
a call for all development actors to integrate migration and mobility issues
into their policies and instruments. The
Communication also explored and addressed the links between climate change,
environmental degradation and migration, including the importance of climate
change adaptation and Disaster Risk Reduction in reducing displacement[25]. In
October 2013, the Commission adopted the EU 2013 Report on Policy Coherence for
Development[26],
which includes a chapter on migration issues. The report highlights the added
value of the revised GAMM as a tool to ensure strategic coherence between
internal policies and the development priorities of partner countries, notably through
MPs and regional dialogues. It also calls for further efforts to ensure that
development concerns are taken into account in EU and MS labour migration and
mobility policies to the greatest extent possible. Additional measures may also
be envisioned to increase the role of diasporas in promoting investment and
growth. 5.1.5. Return
and readmission Addressing
return and readmission is an integral part of the GAMM. Effective return
(voluntary or enforced) of irregular migrants is a key element in tackling
irregular immigration and a prerequisite for well-managed migration. The
EU is making efforts ought to increase its cooperation with relevant third
countries in order to build capacity in the field of return and readmission. A
number of projects have already been supported to build capacity for
implementing readmission agreements in countries such as Georgia, Moldova,
Ukraine, Sri Lanka and Pakistan. In many partner countries further capacity
building is however required and could e.g. focus on improving the responsible
authorities of partner countries’ ability to timely respond to readmission
applications, identify the persons requested to be returned, and provide
assistance and reintegration to those who are being returned. Furthermore,
technical support could be provided to third countries to assist their efforts
to put in place readmission arrangements agreements with other third countries.
The Asylum and Migration Fund will allow support in these areas to be stepped
up. The
limited availability of incentives at the EU's disposal to secure the
conclusion and implementation of EU readmission agreements as well as the need
for cooperation from third countries more broadly on return, readmission and
reintegration, has been a central issue since the beginning of EU policy in the
area of return and readmission policy[27].
Hence, in line with the more for more principle any proposal to negotiate a
readmission agreement should be accompanied by an appropriate incentive. In
more general terms, return and readmission issues should always be part of a
balanced and consolidated EU offer to a third country and should, where
necessary, not only be linked to enhanced mobility provisions, but also to
other policy areas such as trade (including mode 4), enterprise and industry. The
EU should continue to emphasise the safeguarding of fundamental rights in the
negotiation and implementation of EU readmission agreements, and focus on
countries of origin when considering new negotiating directives, including a
careful, case-by-case review of the added value and necessity of negotiating
the readmission of third country nationals and stateless persons based on
geographical evaluation and risks of transit irregular migration as well as
while offering the appropriate incentives. 5.1.6
Migration as a global phenomenon Migration
is a global and complex phenomenon. Well-managed migration needs to be seen as
an asset that can bring prosperity and economic growth. Emphasis should be
placed on the need to benefit from the considerable opportunities that human
mobility is offering. In parallel, in order to address
effectively the challenges that the migration phenomenon is posing, policies
need to address the different root causes of irregular and forced migration,
inter
alia political change and instability, widening gaps in prosperity and climate
change.
Integration
of foreign policy aspects into the EU migration policy and ensuring linkages
between the internal and the external dimensions is vital. Home Affairs issues need to be embedded in the EU's overall
foreign policy in view of facilitating reinforced dialogues and cooperation
with third countries. In this vein, cooperation and
coordination among the various stakeholders should be stepped up. The
advantages offered by the EEAS' overview of EU's overall external relations and
the possible contribution of the EU Delegations should be exploited (see
section 5.2.1). 5.2. Implementation
modalities 5.2.1. The
role of EU Delegations The
implementation of the GAMM is a common and shared responsibility of the
Commission, the European External Action Service and MS, in accordance with
their respective competences as set out in the Treaties. The
EU Delegations are the focal points of the EU presence in third countries and
should therefore play a central role in driving, delivering and coordinating
the EU dialogue at the local level, in cooperation with the diplomatic missions
of the MS. They also play a crucial role in assuming external representation of
EU foreign policy with third countries and multilateral organisations.
Additionally, they manage external assistance and development cooperation
programmes and projects. More
generally, the EU Delegations should be more involved in analysis and reporting
on developments related to asylum and migration of the country to which they
are accredited, in order to facilitate the continued implementation and further
development of the GAMM. Their
role is crucial to secure the strengthening of dialogue and cooperation at the
local level and to ensure that actions are in line with the EU’s overall
foreign policy and external cooperation priorities. 5.2.2. The
engagement and full participation of Member States The
measures falling under GAMM are promoted and carried out by both EU
institutions and MS. However, in order to realise the full potential offered by
the GAMM framework and, in particular, to ensure the visibility, sustainability
and effectives of GAMM-related actions, the active involvement of MS is
paramount. The
non-binding and flexible nature of the GAMM is one of the advantages of the
framework, allowing particular MS to cooperate (to various degrees) on work in
countries or regions where they have particular expertise. However, this
flexibility is also the Achilles heel of the approach, as it in some cases makes
it difficult to secure a balanced and complete EU offer to third countries,
e.g. in connection with a MP. Furthermore, there are significant differences
between the levels of participation of MS in the various cooperation
frameworks. For example five MS do not participate in any of the MPs concluded so
far. The majority of MS participating in the MPs have not yet made any
financial contribution to their implementation. In
this context, it is necessary to consider and discuss how to ensure that the EU
and its MS can continue to offer genuine and balanced partnerships to third
countries. It will be necessary to draw on the different strengths, capacities,
sources of funding, competencies and relationships of EU institutions and MS.
The MS are encouraged to intensify their efforts to contribute to MPs in both
financial terms, and through other initiatives such as regulatory or
legislative measures. 5.2.3. The
financing of the GAMM Funding
of the GAMM under the 2007-13 MFF has been ensured primarily under the EU’s
external cooperation instruments. In particular, the Thematic Programme for
Migration and Asylum has contributed significantly to the implementation of
MPs, regional dialogues and RPPs. Other Thematic Programmes of the EU’s
Development Cooperation Instrument (DCI) and the EU Instrument for Stability
have also contributed. Migration is also increasingly addressed as a priority
topic under the EU’s geographic cooperation instruments. For example, over € 90
million of migration-related assistance was committed under bilateral and
regional cooperation instruments in 2012 alone, covering 25 countries. Under
the new MFF, the Commission will continue to make financial resources available
for the implementation of the GAMM, including under the external component of
the new Home Affairs funds. The
new EU development cooperation instruments will continue providing support
under both geographic instruments (Instrument for Pre-Accession; European
Neighbourhood Instrument; Development Cooperation Instrument; European
Development Fund) and thematic ones (in particular the migration and asylum
component within the Global Public Goods and Challenges Programme of the
Development Cooperation Instrument). Funding under these instruments is
programmed in line with the EU’s commitments on aid effectiveness and due attention
for the needs and priorities of partner countries. In addition, the future
Partnership Instrument will also allow the financing of cooperation on
migration with high-income countries and key strategic partners such as India
and China. In
addition to the external aid instruments, funding will be provided under the
external component of the new Home Affairs funds, the Asylum, Migration and
Integration Fund and Internal Security Fund. These funds will however primarily
focus on initiatives which are not development-oriented and focus primarily on
implementing external aspects of the EU’s internal policies, including in areas
such as return and readmission of irregular migrants. MS
are encouraged to step up their financial contribution to the implementation of
the GAMM. 5.3. Geographical
prioritisation Since
2012, the GAMM framework and methodology is applied globally with all relevant
third countries. This allows sufficient flexibility to develop appropriate
priorities as the need arises, and to tailor the EU engagement with partner
countries appropriately in accordance with existing foreign policy as well as
asylum and migration priorities. The
principle of geographical balance remains an adequate criterion, which should
however be interpreted with flexibility in the light of clearly defined EU
strategic interest. Other relevant criteria continue to be the (1) strategic
interest of a third country in relation to any of the GAMM thematic areas, in
particular the extent of migratory pressure as well as readmission and mobility
issues, (2) overall political relations with a third country including
observance of human rights and general aspects (trade, development, security,
tourism etc.), (3) expressed interest by – and institutional capacity of – a
third country to cooperate, and (4) clear vision on expected outcomes and
results. In this context, it will be crucial to make the best use of scarce
resources, which requires setting clear priorities, better coordination and
being more focused in our actions. Proposals
on future GAMM-priorities are included in the annexes. 6. Conclusion This
report shows that in 2012 and 2013 important steps have been taken towards a
more consolidated, coherent external migration and asylum policy. Significant
progress has been made in strengthening political relations with third
countries and regions, e.g. the Southern Mediterranean countries, and the
Eastern Partnership countries. Actions were also undertaken to contribute to
institutional and legislative reforms and capacity building in partner
countries. In particular the MPs have proved to be a sophisticated bilateral
framework to address migration and asylum issues in a way that makes
cooperation mutually beneficial. But
more work needs to be done to improve the existing frameworks, initiatives and
tools. It will for example be necessary to look at some of the existing
dialogue processes, making them more effective, operative and balanced with
regard to the thematic priorities. The
GAMM continues to be an efficient framework to engage third countries and
regions in policy dialogue and operational cooperation. The Commission will
continue playing its role in implementing the GAMM and through this take steps
towards stronger and more cohesive EU external action. However,
it is important to underline that the GAMM relies on the active participation
of all stakeholders according to their needs and priorities. Building strong
and close partnerships with third countries, based on mutual trust and shared
interests, takes time, commitment and resilience – and the determination of the
EU actors and MS to play their legitimate roles in an active way. With the external
migration and asylum policy gaining even more importance, reinforcing
cooperation between MS, EEAS, EU agencies and the Commission will be
fundamental to the successful implementation of our policies. [1] COM(2011) 743 [2] Council document
9417/12 [3] The Commission
presented its fourth post-visa liberalisation monitoring report on 28 November
2013 (COM(2013) 836) [4] This designation is
without prejudice to positions on status, and is in line with UNSCR 1244/1999
and the ICJ Opinion on the Kosovo declaration of independence [5] Council document
11579/12 [6] COM(2013) 807 [7] Proposal for a
regulation of the European Parliament and the Council amending Regulation (EC)
No 539/2001 listing the third countries whose nationals must be in possession
of visas when crossing the external borders and those whose nationals are
exempt from that requirement (COM(2013) 853) [8] For example the
latest progress report of 15 November 2013 showed that Ukraine had made
substantial progress with regard to legislative measures (COM(2013) 809) [9] European Council
document 217/13 [10] COM(2013) 869 [11] Throughout 2012 and
2013, Algeria has refused to open negotiations with the EU on a readmission
agreement [12] Negotiating
directives were adopted by the Council on 5 December 2013 [13] The GFMD is an
initiative that emerged after the first UN High-level Dialogue in 2006, which
aims at addressing the migration and development nexus in practical and
action-oriented ways. It is an informal, non-binding, voluntary and
government-led process [14] The dialogue does not
address issues related to visas and readmission, which are dealt with in
dedicated joint committees established under the EU-Russia visa facilitation
and readmission agreements [15] COM(2013) 923 [16] In this report
"visa" refers to short stay visa intended for stays of no more than
90 days per period of 180 days [17]
Decision
3/CP.18 in FCCC/CP/2012/8/Add.1 [18] It should be noted
that on 18 November 2011 the Commission launched the EU Immigration Portal,
which offers practical information to people considering to migrate to any MS.
This website was launched in English and French. In 2013 Spanish and Arabic
versions were added and since 2014 a Portuguese version is also available. See
http://ec.europa.eu/immigration [19] COM(2013) 869 [20] The 4930 refugees
were resettled to the EU by 12 MS, namely Czech Republic, Denmark, Germany,
Ireland, Spain, France, Lithuania, Netherlands, Portugal, Finland, Sweden,
United Kingdom (source EUROSTAT) [21]
The
Commission co-funds 60%, € 1,5 million) [22] Council document
11855/12 [23] COM(2012) 286 [24] COM(2013) 292 [25] These findings were
also in accordance with recommendations from the Commission Staff Working
Document on "Climate Change, Environmental Degradation and Migration"
(SWD(2013) 138), adopted on 16 April 2013 as part of the EU Strategy on
Adaptation to Climate Change [26] SWD(2013) 456 [27] See for example the
Commission's 2011 evaluation of the readmission agreement (COM(2011)76)