Ref. Ares(2021)7711516 - 14/12/2021
4th EU-UAE Human Rights working Group,
19-20 May 2015
Agenda item: Migration and Labour issues
Speaking Points or Line to Take
EU needs to better address labour and skills shortages
This is part of the European Agenda on Migration presented on 13th
May
comprehensive in approach
bringing together all our policies and tools
at the EU and at national level
The Agenda:
o
promotes (protection) of those who are in need
o
legal framework for those seeking job (legal migration)
o
fight abuse and smugglers who exploit migrant's hopes for
profit (irregular)
Also: migration management = only through solid partnerships with
our third country partners.
We have significant skill shortages in certain sectors (engineering, IT
and health care) even in times of economic crisis and high
unemployment levels in some Member States.
Students and researchers
We are currently negotiating the revision of rules on students and
researchers to facilitate their admission to the EU and their mobility
within and across the EU.
Labour migration
We are reviewing the legislation for highly skilled workers ("EU
Blue Card")
MS must also transpose the Seasonal Workers Directive by end 2016.
It is important for circular migration as it makes it easier for those
non-EU nationals who go regularly to the EU for seasonal work to
enter the EU.
The Single Permit Directive makes life easier for non-EU nationals
because with a single permit they can reside and work in the territory
of different Member States with a uniform set of rights.
We want to develop better tools and mechanisms to facilitate job
matching and effectively address current shortages and needs of the
European labour market.
Dialogues on Migration and Mobility with Third Countries
The way the EU and its neighbours manage migration is not only
about preventing irregular migration.
We discuss the full spectrum of issues.
That includes ways of enhancing mobility towards the EU.
In these Dialogues and Mobility Partnerships we focus a lot also on
the diaspora of our partner country and explore ways of how we can
tap into this potential.
Nationals from the third country with whom we have Dialogues and
sign Partnerships and who emigrated to or reside in the EU can
provide an important link in facilitating legal migration as well as in
re-investing and contributing to the development of that third
country.
The link to development is crucial to us.
We have tried and tested our new comprehensive approach to
migration and it is working well with other neighbours. We have
signed Mobility Partnerships with Morocco, Tunisia, Jordan and
have opened a Dialogue with Lebanon recently.
Background
Following the adoption of the Common European Asylum System in 2013, the Commission's work
focuses on the coherent implementation and monitoring of the EU asylum acquis in order to ensure
effective, safe and fair access to the asylum procedure. With a large number of Contacts Committee
meetings, close cooperation with the European Asylum Support Office (EASO) and formal
infringement proceedings, the Commission is working towards full and efficient implementation of
the Common European Asylum System to reduce the gap between those countries that received the
vast majority of asylum requests in the EU, and those who are not confronted with this challenge.
The European Commission supports the resettlement request made by UNHCR, and calls on Member
States to increase their resettlement efforts. EU Member States have offered over 36 300
resettlement places making it the largest pledge in the history of EU resettlement efforts. For this,
the European Commission offers Member States continued financial support under the Asylum,
Migration and Integration Fund (AMIF).
The
Triton joint operation, coordinated by Frontex, started its activities in the Central Mediterranean
in support of the Italian efforts on 1 November 2014. 18 Schengen Member States (including
Germany) as well as other Union agencies and bodies and international organizations participate in
the operation. The core objective of the Triton operation is to provide assistance to the Italian
authorities' efforts to ensure effective surveillance of the maritime borders and to provide assistance
to any person on board a vessel in distress. However, this operation cannot and does not replace
Mare Nostrum. The operational area covers part of the international waters to the south and
southeast of Italy. The monthly budget of Triton is estimated at €2.9 million. Since the launch of the
Triton joint operation on 1 November 2014, the participating authorities have dealt with
130
incidents of which 109 were search and rescue cases. 16,402 people were detected, including 15,325
persons found on boats in distress. In addition to that, 57 facilitators were arrested [Frontex data as
of 12 January 2015].
Following the European Council Conclusions of 23rd April 2015, both Triton and Poseidon will be
beefed up.
The Commission is also expanding its cooperation with countries outside the EU that are either
countries of origin or transit countries. New EU readmission agreements entered into force with
Armenia in January 2014, with Azerbaijan in September 2014, with Turkey in October 2014, and with
Cape Verde in December 2014, establishing procedures for a rapid and orderly return of persons who
are irregularly residing in the EU. With regard to long-term capacity building in third countries in
dealing with international protection, the Commission is developing
Regional Development and
Protection Programmes (RDPP) for North Africa and the Horn of Africa.
European Agenda on Migration
Several initiatives have been undertaken by the European Commission in the field of Migration to
implement the priorities defined in the Stockholm Programme over the period 20010-2014.
In March 2014, the Commission adopted a Communication "An open and secure Europe: making it
happen" to open the debate on the future of Home Affairs policies.
Following this Communication, the European Council has adopted, in June 2014, its Conclusions on
Freedom, Security and Justice marking the end of the previous Stockholm Programme, and renewing
the European commitment to deliver on this crucial Treaty objective.
The tragedy of Lampedusa of October 2013 and the ensuing efforts undertaken in the framework of
the Task Force Mediterranean clearly have marked the importance of comprehensive actions in
order to match the ambition of a migration policy responding to the demands of our citizens as
highlighted in the JHA Council Conclusions of October 2014. The recent tragedy off the Libyan coast
with a huge death-toll of more than 700 people has increased the political pressure and time for
adoption of the Agenda has been move forward to 13th May.
The most recent Eurobarometer survey has confirmed that an overwhelming majority of EU citizens
(71%) support the development of a common European policy in the field of migration
(Eurobarometer 82, Autumn 2014). Member States as well as EU citizens expect the EU to do more in
order to address migratory challenges which are by nature global and interrelated.
A well-managed migration policy is crucial in order to achieve this goal, and it is at the heart of the
political commitment of the new European Commission as presented in the political guidelines of
President Juncker.
In this context and in order to build on the results of the recent consultations the European
Commission adopted a comprehensive Agenda on Migration, which allows to bridge across policy
fields, using all instruments and tools available in order to better manage migration. The Agenda on
Migration responds to the vision of the Juncker Commission, enshrined in its structure and working
methods, which foster cross cluster cooperation and focuses on areas where Europe can make a
difference.
The European Agenda on Migration focuses on linking all the strands of migration policy in order to
realize the ambition of a coherent approach with clear political objectives being at the heart of the
future initiatives to be developed. The key objectives of the European Agenda on Migration are:; (i)-
strengthening the capacity of Europe to manage international displacement and crisis and protect
those in need; (ii) fighting organized crime and international networks of migrant smugglers and
traffickers of human beings; (iii) reinforcing border surveillance in order to protect the freedom of
movement that EU citizens enjoy in the Schengen area and managing better irregular migration on
the European territory ; (iv) developing a legal migration and integration policy making Europe more
attractive and conducive for long term economic growth.
The European Agenda on Migration focuses on providing political steering and guidelines, including
identifying flagship initiatives where Europe can make a difference. It ensures the participation of all
players, first and foremost those dealing with the external dimension of EU Policy, who are at the
frontline in the implementation of well-managed migration. The Agenda does not only suggest ways
how to better coordinate policies and tools in order to better manage migration to the European
Union, but also how migration policy can be built in a way that is conducive to the achievement of
other objectives, starting from international development within the framework of the post-2015
Millennium Development Goals (MDGs).
The new strategy should help Europe address skills shortages and attract the talent that it needs by
addressing, as a first step, the shortcomings of the "EU Blue Card" Directive. The strategy also entail a
reflections on the best ways to make the EU an attractive place for migration destination, as well as
the creation of a Platform on labour migration, to promote a more coordinated approach at EU level
and to allow economic stakeholders (e.g. business, trade unions) to contribute their expertise on
labour migration.
Legal Migration
1) Council Directive 2009/50/EC (‘Blue Card’) on the conditions of entry and residence of
third-country nationals for the purposes of highly-qualified employment.
Purpose:
improve the EU’s ability to attract highly qualified workers from third countries by
facilitating the admission of these persons by harmonising entry and residence
conditions throughout the EU;
simplifying admission procedures;
improving the legal status of those already in the EU;
Applicable to highly qualified TCNs seeking to be admitted to the territory of a
Member State for more than three months for the purpose of employment, as well
as to their family members.
Entry conditions: to be allowed into the EU, the applicant must produce:
a work contract or binding job offer with a salary of at least 1,5 times the average
gross annual salary paid in the Member State concerned (Member States may lower
the salary threshold to 1,2 for certain professions where there is a particular need for
third-country workers);
a valid travel document and a valid residence permit or a national long-term visa;
proof of sickness insurance;
for regulated professions, documents establishing that s/he meets the legal
requirements, and for unregulated professions, the documents establishing the
relevant higher professional qualifications;
fulfilment of national conditions for regulated professions, proof of higher
professional qualifications for unregulated professions;
no threat to public policy;
Community preference and ethical recruitment.
Rights of blue card holders and their families:
enter, re-enter and stay in the issuing Member State and pass through other
Member States;
work in the sector concerned;
enjoy equal treatment with nationals as regards, for example, working conditions,
social security, pensions, recognition of diplomas, education and vocational training.
After two years of legal employment, they may receive equal treatment with
nationals as regards access to any highly qualified employment.
After 18 months of legal residence, they may move to another Member State to take
up highly qualified employment (subject to the limits set by the Member State on the
number of non-nationals accepted).
The new approach to legal migration includes the review of the Blue Card Directive
President Juncker, in his mission letter to Commissioner Avramopoulos, explicitly highlighted the
need for "Developing a new European policy on regular migration. Such a policy should help Europe
address skills shortages and attract the talent that it needs. A first step will be to address the
shortcomings of the “Blue Card” Directive: I would ask for a first review to be concluded within six
months of the start of the mandate. Further steps will require reflection on the best ways to make
the EU an attractive place for migration destination, on the basis of other existing models."
As regards ex-post analysis of existing policy, the
Commission has issued an implementation report
of the Blue Card Directive in May 2014. The Commission has also carried out several studies in the
field of legal migration, further studies are on-going or in the pipeline.
This instrument aiming at attracting highly skilled migrants has been so far used only to a limited
extent by most MS, so probably in future some adaptations will be need to use its full potential.
2)
Directive 2011/98/EU on a single application procedure for a single permit for third-
country nationals to reside and work in the territory of a Member State and on a common
set of rights for third-country workers legally residing in a Member State.
This Directive simplifies procedures of admission of labour migrants. It ensures minimum
employment-related rights for migrant workers. These rights are related to working conditions, social
security rights, pensions, access to education or recognition of diplomas based on equal footing with
nationals of that Member State.
3)
Directive 2014/36/EU of the EP and the Council on the conditions of entry and stay of
third-country nationals for the purpose of employment of seasonal workers.
This is the first Directive on circular migration for low-wage workers. It covers third-country nationals
who come for a maximum duration of between 5 and 9 months, depending on the Member State, to
work in a sector depending on the passing of the seasons (typically agriculture and tourism). It
provides for equal treatment with national workers, including as regards terms of employment and
working conditions.
The new Directive includes rules on adequate accommodation for seasonal workers, which may be
provided by the employer. Seasonal workers may also extend their contract or change employer
during their stay. Their re-entry to the EU in subsequent years is facilitated by simplified procedures
.
Member States have until September 2016 to transpose it.
4)
Directive 2014/66/EU of the EP and of the Council on conditions of entry and residence of
third-country nationals via intra-corporate transfers creates an attractive EU scheme
harmonising the conditions of entry, stay and intra-EU mobility for third-country workers
(managers, specialists and trainee employees) being posted by a group of undertakings
based outside the EU to an entity based on the EU territory.
The new rules entered into force on 27 May 2014 and must be transposed into national legislation
within 2.5 years (i.e. before December 2016). These new, business-friendly, flexible rules for
admitting such transferees to the EU will foster growth, and facilitate EU-wide investment.
The Directive covers temporary stays, up to 1 year for trainees and 3 years for specialists and
managers.
One of the main added values of the new Directive is true EU mobility for these workers. No new
application is required and the transferee can continue his/her work in another MS without
interruption. There is certainly no need to return to the country of origin.
A number of safeguards are also put in place to allow such far-reaching right to mobility.
5)
Legislative proposal at trilogue level for a Recast Directive on students, researchers, pupil
exchange, remunerated and unremunerated trainees, voluntary service and au pairing.
The proposal is a recast merging the existing students and researchers Directives. It is a major
simplification and streamlining of existing legislation on admission of third-country nationals. The
proposal makes the following key improvements:
Scope: Other categories which were previously optional (school pupils, unremunerated
trainees, volunteers) or not covered at all (remunerated trainees and au pairs) have now
been included as mandatory, in order to create a harmonised and simple framework at EU
level, and, for certain categories (e.g. au pairs) to better prevent abuses and exploitation.
Clearer procedural safeguards regarding the assessment of applications.
Clearer rules on admission procedures (covering both visas and permits), deadlines and
possibility for redress.
Better and more clearly defined equal treatment provisions along the lines of the Single
Permit Directive.
Improved access to the labour market for students (from min. 10 hours to min. 20 hours) as
well as to job-seeking or to set up a business for graduates and researchers after finalization
of research or studies.
Better intra-EU mobility rules for researchers, students and unremunerated trainees.
Author:
– DG HOME/unit A3 –
– 11 May 2015