31985Y0726(04)

COUNCIL RESOLUTIONof 16 July 1985on guidelines for a Community policy on migration(85/C 186/04)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaties establishing the European Communities, Having regard to the draft resolution submitted by the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of the Economic and Social Committee, Whereas, pursuant to Article 117 of the Treaty establishing the European Economic Community, Member States have agreed upon the need to promote improved working conditions and an improved standard of living for all workers in the Community; Whereas point 10 of the final communiqué of the Heads of State or of Government meeting in Paris on 9 and 10 December 1974 advocates the harmonization in stages of legislation on foreigners; Whereas the Council resolution of 9 February 1976 on an action programme for migrant workers and members of their families (1) provides for the examination of future developments of that resolution; Whereas, in its resolution of 27 June 1980 on guidelines for a Community labour market policy (2) , the Council emphasized that the integration of the Community labour market should be fostered within the framework of free movement of labour within the Community, in particular by appropriate consultation on migration policies vis-à-vis third countries, in accordance with the Council's conclusions of 22 November 1979 which called on the Commission to take the necessary steps to foster cooperation between the Member States in the field of labour market policy; Whereas Directive 77/486/EEC (3) is important in this connection since it is aimed at the education of the children of migrant workers; Whereas the economic and social changes since the resolution of 9 February 1976 and the new situation as regards the foreign population require that Community policy in the field of migration be brought up to date; Whereas the European Council at its meeting in Fontainebleau on 25 and 26 June 1984 asked the Commission to carry out the work programme referred to in the Council conclusions of 22 June 1984 on the Community's medium-term social action plan (4) , which confirms the importance of migration problems; Whereas it is necessary to pursue efforts to realize to the full the right to free movement of nationals of Member States; Whereas the presence of population groups from third countries is becoming more and more permanent; whereas, therefore, the development of a Community policy on incorporation integration and participation in society should also support the efforts made towards a progressive consolidation of those groups; Whereas information, consultation and experimental activities must be increased in order to foster the harmonious co-existence of the various populations; Whereas much closer consultation and cooperation is required at Community level in the implementation of national migration policies vis-à-vis third countries; Whereas, however, matters relating to the access, residence and employment of migrant workers from third countries fall under the jurisdiction of the governments of the Member States, without prejudice to Community agreements concluded with third countries, HEREBY ADOPTS THIS RESOLUTION: 1. The Council takes note of the Commission's communication on guidelines for a Community policy on migration. 2. It recognizes that in the area of Community legislation on the free movement of workers of Member States priority should be given to the following measures: (a) improving the application of current legislation, by making those concerned familiar with it, in particular through the publication of a handbook to this end and by considering whether it is necessary to add to or amend such legislation, particularly as concerns certain categories of migrant workers; (b) further consideration of rights and procedures in respect of the integration of or participation by migrants, individually or collectively, in the different aspects of the host Member State's life; (c) adapting and simplifying Community legislation on social security for workers who are nationals of Member States on the basis of Article 51 of the Treaty, to take account of changes in national legislation, and of the case-law of the Court of Justice. 3. It recognizes that it is desirable to promote cooperation and consultation between the Member States and the Commission as regards migration policy, including vis-à-vis third countries, and notes the Commission's intention of drawing up an appropriate procedure to this end. 4. It is determined to implement the social security provisions contained in association and cooperation agreements. 5. It confirms its desire that, subject to the Community's powers and responsibilities, everyone within it should have an equal opportunity of deriving advantages and making a contribution. 6. It also considers, that with a view to the harmonious co-existence of nationals of the Member States and migrant workers and their families, initiatives should be developed at Community, Member State and local level to inform and to promote awareness, such as: - the adoption of a joint declaration condemning xenophobia and racism; -the setting up of pilot schemes for the organization of briefing sessions at local level for staff of local administrations who are in contact with immigrants; -the improvement of the quality of free administrative assistance in areas such as justice, education and housing, in particular through better information and linguistic help in order that the quality of such services for migrant workers be equal to that available to nationals of the Member States. It also recognizes the desirability of a dialogue at Community level with associations of migrant workers. 7. It calls on the Commission to take the necessary initiatives to put into effect the measures referred to in this resolution and to submit the necessary proposals to it in this connection. 8. Community financing for the measures referred to in this resolution will be decided on under the budgetary procedure and in accordance with the legal commitments entered or to be entered into by the Council. Specific projects requiring the aid of the European Social Fund will be carried out in accordance with the financing capacity and rules of that Fund. 9. The Council requests the Commission to inform it periodically of progress in implementing the measures provided for in this resolution. (1) OJ No C 34, 14. 2. 1976, p. 2.

(2) OJ No C 168, 8. 7. 1980, p. 1.

(3) OJ No L 199, 6. 8. 1977, p. 32.

(4) OJ No C 175, 4. 7. 1984, p. 1.