Developing a common European immigration policy

I. Treaties

• Treaty establishing the European Community – Title IV Article 63 Provisions on visas, asylum, immigration and other policies related to free movement of persons.

II. European Council conclusions

• Brussels European Council (PDF File 531 KB) 4/5 November 2004. The conclusions of this European Council include the Hague programme in the annex I.
• Thessaloniki European Council 19/20 June 2003 (§ 24-27) .
• Laeken European Council (PDF File 140 KB) 14/15 December 2001 (§ 38-41).
• Tampere European Council 15/16 October 1999 (§ A). The conclusions of this European Council constitute the Tampere programme.
• Vienna European Council 11/12 December 1998 (§ 85).

III. European Union Strategy and Action Plans

1. Adopted Council texts

2005-2010

• Council and Commission Action Plan implementing the Hague Programme on strengthening freedom, security and justice in the European Union – 10 June 2005
  Official Journal C 198, 12/08/2005 P. 0001 – 0022.

1999-2004

• EU Action Plan of the Council and the Commission on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justic e of 3 December 1998
  Official Journal C 019, 23/01/1999, p. 0001 – 0015.

See also Tampere programme.

2. Commission communications

• 12.09.2007 COM (2007) 512 (PDF File 168 KB). Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Third Annual Report on Migration and Integration
• 16.05.2007 COM (2007) 248 final. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions On circular migration and mobility partnerships between the European Union and third countries
• 16.05.2007 COM (2007) 247 final. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Applying the Global Approach to Migration to the Eastern and South-Eastern Regions Neighbouring the European Union
• 15.05.2007 SEC (2007) 691. Commission Staff Working Paper - Study on the international law instruments in relation to illegal immigration by sea
• 30.11.2006 COM (2006) 733. Communication from the Commission "Reinforcing the management of the European Union's Southern Maritime Border".
• 30.11.2006 COM (2006) 735. Communication from the Commission to the European Parliament and the Council "The Global approach to migration one year on: Towards a comprehensive European migration policy".
• 19.07.2006 COM (2006) 402. Communication from the Commission on Policy priorities in the fight against illegal immigration of third-country nationals. {SEC (2006) 1010 (PDF File 162 KB)} {SEC (2006) 964 (PDF File 125 KB)} {SEC (2006) 965/2 (PDF File 17 KB)}
• 30.06.2006 SEC (2006) 892. - Commission Staff Working Document - Second Annual Report on Migration and Integration.
• 10.03.2006 COM (2006) 110. Modified proposal for a Council Regulation amending Regulation (EC) 1030/2002 laying down a uniform format for residence permits for third-country nationals (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
• 25.01.2006 COM (2006) 26. Communication from the Commission to the European Parliament and the Council - Thematic programme for the cooperation with third countries in the areas of migration and asylum.
• 21.12.2005 COM (2005) 669 final. Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions. Policy plan on legal migration.
• 30.11.2005 COM (2005) 621. Communication from the Commission to the Council and the European Parliament - Priority actions for responding to the challenges of migration - First follow-up to Hampton Court.
• 28.11.2005 COM (2005) 606 final. Green Paper on the Future of the European Migration Network.
• 01.09.2005 COM (2005) 390 final. Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions. Migration and Development – Some concrete orientations.
• 01.09.2005 COM (2005) 389 final. Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions. A Common Agenda for Integration Framework for the Integration of Third-Country Nationals in the European Union.
• 11.01.2005 COM (2004) 811 final. Green Paper on an EU approach to managing economic migration.
• 25.10.2004 SEC (2004) 1349 (PDF File 209 KB) Commission staff working paper. Annual report on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders, and the return of illegal residents.
• 16.07.2004 COM (2004) 508 final. Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions – First Annual Report on Migration and Integration.
• 04.06.2004 COM (2004) 412 final. Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions – Study on the links between legal and illegal migration.
• 03.06.2003 COM (2003) 336 final. Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on immigration, integration and employment.
• 03.06.2003 COM (2003) 323 final. Communication from the Commission to the European Parliament and the Council, in view of the European Council of Thessaloniki on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents.
• 03.12.2002 COM (2002) 703 final. Communication from the Commission to the Council and the European Parliament, integrating migration issues in the European Union's relations with third countries.
• 14.10.2002 COM (2002) 564 final. Communication from the commission to the council and the European parliament on a community return policy on illegal residents.
• 10.04.2002 COM (2002) 175 final. Green paper on a community return policy on illegal residents.
• 15.11.2001 COM (2001) 672 final. Action plan on illegal immigration (part III, points 4.1. to 4.8.). Communication from the Commission to the Council and the European Parliament on a common policy on illegal immigration.
• 12.07.2001 COM (2001) 387 final. Communication from the Commission to the Council and the European Parliament on an open method of coordination for the community immigration policy.
• 22.11.2000 COM (2000) 757 final. Communication from the Commission to the Council and the European Parliament on a Community immigration policy.

IV. Legislation

1. Adopted legislation

• 11.07.2007 862/2007/EC: Regulation of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers
  Official Journal L 199, 31.07.2007, p. 23-29.
• 12.06.2007 2007/435/EC: Council Decision of 25 June 2007 establishing the European Fund for the Integration of third-country nationals for the period 2007 to 2013 as part of the General programme Solidarity and Management of Migration Flows
  Official Journal L 168, 28.06.2007, p. 18-36
• 05.06.2007 Decision No 574/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the External Borders Fund for the period 2007 to 2013 as part of the General programme Solidarity and Management of Migration Flows
  Official Journal L 144, 06.06.2007, p. 22-44
• 05.06.2007 Decision No 575/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the European Return Fund for the period 2008 to 2013 as part of the General Programme Solidarity and Management of Migration Flows
  Official Journal L 144, 06.06.2007, p. 45-65
• 05.10.2006 2006/688/CE: Council Decision of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States' measures in the areas of asylum and immigration
  Official Journal L 283, 14.10.2006, p. 40-43.
• 12.10.2005 Council Directive 2005/71/EC on a specific procedure for admitting third-country nationals for the purposes of scientific research
  Official Journal L 289, 03/11/2005 p. 0015.
  This Directive has to be transposed into national law by 12 October 2007.
• 16.03.2005 Council Decision 2005/267/ECof 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services
  Official Journal L 83, 01/04/2005, p. 0048.
• 13.12.2004 Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service
  Official Journal L 375, 23/12/2004, p. 0012-0018.
  This Directive must be transposed into national law by 12 January 2007.
• 29.04.2004 2004/573/EC: Council Decision of 29 April 2004 on the organisation of joint flights for removals from the territory of two or more Member States, of third-country nationals who are subjects of individual removal orders
  Official Journal L 261, 06/08/2004 p. 0028 - 0035.
• 29.04.2004 Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities
  Official Journal L 261, 06/08/2004, p. 0019-0023.
  This Directive must be transposed into national law by 6 August 2006
• 10.03.2004 Regulation 491/2004/EC of 10 March 2004 of the European Parliament and of the Council establishing a programme for financial and technical assistance to third countries in the areas of migration and asylum (AENEAS)
  Official Journal L 80, 18/03/2004, p. 0001.
• 23.02.2004 Council Decision 2004/191/EC of 23 February 2004 setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals
  Official Journal L 60, 27/02/2004, p. 0055.
• 19.02.2004 Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network,
  Official Journal L 64, 02/03/2004, p. 0001.
• 25.11.2003 Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by Air,
  Official Journal L 321, 06/12/2003, p. 0026.
  This directive had to be transposed into national law by 6 December 2005.
• 25.11.2003 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents
  Official Journal L 016, 23/01/2004, p. 0044 – 0053.
  This Directive had to be transposed into national law by 26 January 2006.
• 22.09.2003 Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification
  Official Journal L 251, 03/10/2003 p. 0012 – 0018.
  This Directive had to be transposed into national law by 3 October 2005.
• 28.11.2002 Framework Decision 2002/946/JHA of 28 November on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence
  Official Journal L 328, 05/12/2002, p. 0001-0003.
  This Framework Decision had to be transposed into national law by 5 December 2004.
• 28.11.2002 Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence,
  Official Journal L 328, 05/12/2002, p. 0004.
  This Directive had to be transposed into national law by 5 December 2004.
• 28.05.2001 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals
  Official Journal L 149, 02/06/2001, p. 0034.
  This Directive had to be transposed into national law by 2 December 2002.

2. Proposed legislation in negotiation

• 10.08.2007 COM (2007) 466 final. Proposal for a Council Decision establishing a European Migration Network
  {SEC (2007) 1062}
• 16.05.2007 COM (2007) 249 final. Proposal for a Directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third-country nationals {SEC(2007) 596} {SEC(2007) 603} {SEC(2007) 604}
• 01.09.2005 COM (2005) 391 final. Proposal for a Directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals.
  Decision follow-up

V. Programmes

• ARGO programme Council Decision of 13 December 2004 amending Decision 2002/463/EC adopting an action programme for administrative cooperation in the fields of external borders, visas, asylum and immigration (ARGO programme)
  Official Journal L 161, 19/06/2002 p. 0011 – 0015.
• AENEAS Regulation (EC) No 491/2004 of the European Parliament and of the Council of 10 March 2004 establishing a programme for financial and technical assistance to third countries in the areas of migration and asylum (AENEAS)
  Official Journal L 80, 18/03/2004 p. 0001 – 0005.
• INTI is a European Union (EU) funding programme for preparatory actions promoting the integration in the EU member states of people who are not citizens of the EU. Its aim is also to promote dialogue with civil society, develop integration models, seek out and evaluate best practices in the integration field and set up networks at European level. It amounts to € 5.000.000 for the 25 Member States for 2005.

Detailed information about funding opportunities can be found on our Funding section.

VI. Background information

1. Acquis in the area of immigration

• Acquis October 2009 final [450 KB]

2. European Union

• The Charter of Fundamental rights of the European Union (Article 7; Article 9; Article 15 in particular § 1 and 3; Article 45).

3. European Union Justice and Home Affairs Council

• Conclusions of EU JHA Council and all other Council configurations

4. Activities of the European Parliament

• European Parliament – activities in the area of justice and citizenship

5. Eur-Lex / Pre-Lex

• The portal to the European Union law - Eur-Lex
• Monitoring of the decision-making process between institutions - Pre-Lex

6. Scadplus

• Area of Justice, Freedom and Security – Free movement of persons, asylum and immigration

7. Research, studies and statistical data: the European Migration Network (EMN)

• The European Migration Network is composed of National Contact Points in most Member States and its goal is to improve the availability of, and access to, information concerning migration and asylum at European and Member State level in order to support policy- and decision-making in the EU. From the 'Studies' section of the Web Site the following reports, among others, can be accessed:
  1. Impact of Immigration on Europe's Societies;
  2. Reception Systems, their Capacities and the Social situation of asylum Applicants within the Reception Systems in the EU Member States;
  3. Illegally Resident Third Country Nationals in EU Member States: state approaches towards them, their profile and social situation;
  4. Managed Migration and the Labour Market - The Health Sector
  Furthermore the Contacts Points of the Network have been closely involved in the preparation of the Annual Statistical Reports on Migration and asylum, which can be consulted here.

• Eurostat’s database New Chronos contains data on asylum and migration

VII. Agencies and organisations

1. United Nations bodies

• UN High Commission for Refugees (UNHCR)
• Global Commission on International Migration (GCIM)

2. Council of Europe agencies

• Council of Europe - Migration

3. International organisations

• Organisation for Economic Cooperation and Development (OECD)
• International Organization for Migration (IOM)

4. Other web sites

• European Council on Refugees and Exiles (ECRE)
• Euro-Mediterranean Consortium for applied research on international migration (CARIM)