European Commission: Home Affairs

The nature of irregular immigration into the EU makes it a phenomenon that is difficult to quantify. However, certain indicators provide guidance: in 2009, the number of irregularly staying non-EU nationals apprehended in the EU was about 570 000 (7 % less than in 2008). Dealing firmly and effectively with irregular immigration is a precondition for a credible migration policy.

Stopping those who organise irregular immigration

Migrants entering the EU clandestinely via land and sea routes, or those who have acquired false travel documents, often put themselves at the hands of criminal organisations. In some cases, migrants continue to depend on these criminals after they arrived in the EU. Several thousand people are trafficked into the EU or within the EU every year. With a view to tackling human trafficking networks and smugglers, the EU has established tougher rules for action against criminals involved in trafficking in human beings, combined with better assistance for victims.

The EU is also reinforcing its policy on human trafficking. In 2010, the Commission appointed an EU-Anti-trafficking Coordinator to improve coordination and consistency between actions by EU institutions, EU agencies, EU States, non-EU countries and international players in the fight against trafficking. In addition, an EU anti-trafficking website has been launched, with the aim of providing a one-stop shop for practitioners, civil society, academics and others interested in the problem of trafficking.

Sanctioning those who hire irregular labour force

The existence of an informal labour market is a pull-factor for irregular immigration and the accompanying exploitation of non-EU nationals. EU States have agreed rules to counter the effect that the availability of black market work plays in attracting irregular migrants. In addition to preventive measures and stricter inspections, the Employer Sanctions Directive targets employers who employ such migrants. The Directive not only seeks to make employing irregular migrants more difficult, but also includes protection measures in favour of workers, especially those exploited by unscrupulous employers.

Improving external border controls

Images of migrants crammed into unseaworthy boats making perilous voyages to Europe grab the headlines and have come to symbolise the irregular migration phenomenon. To address this phenomenon, a major joint effort by the coastguard and naval services are required, together with assistance from the European Agency for the Management of Operational Cooperation at the External Borders (FRONTEX). They not only manage the influx but often save lives.

Moreover, most irregular migrants originally entered the EU legally on short-stay visas, but remain in the EU for economic reasons once their visa has expired. Effective and credible external borders are essential. The EU is therefore developing an integrated border management strategy which aims to maintain high levels of security by using, for example, information technology (like the Visa Information System) and biometric features (e.g. fingerprints) for identification.

With a view to preventing irregular migration, to ensure that each EU State effectively controls its own portion of the EU's external borders and to build trust in the effectiveness of the EU system of migration management, the Commission recently proposed:

• Strengthening the mandate of FRONTEX so that it can act more effectively at the external border.
• Establishing an evaluation mechanism to verify the correct application of the Schengen acquis.
• Intensifying coordination between border surveillance authorities (which is the purpose of the European Border Surveillance System – EUROSUR) and considering the feasibility of creating a European system of border guards.
• Addressing the failure by an EU State to fulfil its obligation to patrol its part of the external border.
• Considering the establishment of a European entry-exit system, ensuring that data on border crossings by non-EU nationals are available for border control and immigration authorities. A registered traveller programme allowing non-EU nationals to use an automated border control system, making access to the EU easier, will also be considered.

A humane and effective return and readmission policy

A humane and effective return policy — in line with the Charter of Fundamental Rights and based on the principle of giving preference to voluntary return — is essential to a comprehensive and sustainable migration policy. The EU is seeking to harmonise and support national efforts to manage returns better and facilitate reintegration with the Return Directive (which lays down common standards and procedures for the return of non-EU nationals who are staying in the EU irregularly), as well as with the European Return Fund. Effective cooperation with non-EU countries on the basis of readmission agreements is also necessary to ensure that the return policy is efficient.

So far the Commission has been formally authorised to negotiate EU readmission agreements with Russia, Morocco, Pakistan, Sri Lanka, Ukraine, the Chinese Special Administrative Regions of Hong Kong and Macao, Algeria, Turkey, Albania, China, Former Yugoslav Republic of Macedonia, Serbia, Montenegro, Bosnia-Herzegovina, the Republic of Moldova, Georgia, Cape Verde and Belarus.

Agreements with the two Chinese Special Administrative Regions, Sri Lanka, Russia, Ukraine, the Western Balkan countries, the Republic of Moldova, Georgia and Pakistan have entered into force.