The European Commission presented its report on the implementation of the Global Approach to Migration and Mobility (GAMM) 2012-2013. The 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 .

Main objectives of GAMM : the GAMM is implemented through:

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); a 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 EUR 200 million in all regions of the developing world. In addition, several EU Member States have provided financial support to the implementation of the GAMM.

As an example, the Commission stated that d iscussions on the mobility partnership with Tunisia have been concluded in November 2013 and its signing is imminent. Discussions have begun with Jordan in December 2013. Furthermore, a draft CAMM has been proposed to India in April 2013 and Nigeria in October 2013, but substantive discussions are yet to begin.

Regional dialogues : the report stated that regional dialogues have 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, even though operational results are more mixed due to a lack of planning.

Several regional dialogues suffer from a lack of engagement from Member States . Their participation in meetings is not always sufficiently numerous, and often not sufficiently active.

The report also mentioned the EU’s implication on the global stage on this issue given that it has actively engaged in discussions in 2012 and 2013 on international migration and development and global migration management.

Main conclusions : the 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 Mobility Partnerships 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 e xisting dialogue processes, making them more effective , operative and balanced with regard to the thematic priorities.

The Commission will continue playing its role in implementing the GAMM and through this take steps towards stronger and more cohesive EU external action . It is stressed 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 Member States to play their legitimate roles in an active way .

Accordingly, the Commission stressed the importance of reinforcing cooperation between Member States, the EEAS, EU agencies and the Commission.

The European Parliament adopted by 334 votes to 247, with 32 abstentions, a resolution on the integration of migrants, its effects on the labour market and the external dimension of social security coordination.

Parliament states that the working-age population of Europe will decline from 2012 onwards and, in the absence of immigration, will fall by 14 million over the next 10 years . It considers that despite an unemployment rate in the EU of approximately 10% (i.e. 23.8 million people out of work), there is a serious shortage of labour in the EU. It is necessary to react in order to strengthen the integration of migrants into the labour market and into society. This requires commitment on both sides with a view to building an inclusive society.

To encourage integration, the shortage of skilled labour should also be tackled by targeted education and vocational and lifelong training in the Member States as well as a commitment by the local and regional authorities .

Combating discrimination: Parliament calls on the Member States to firmly combat discrimination against third-country nationals and other EU citizens, particularly formal and informal discrimination in jobseeking and in the workplace. It rejects all forms of wage and social dumping and call for a reduction in inequalities and income gaps. Efforts should be made to improve the social and economic inclusion of Roma.

Parliament takes the view that Member States’ integration policies and measures must be better differentiated and tailored and of higher quality, and, most importantly, that they must distinguish between the needs of individuals. In this regard, the specific situation of migrant women should be taken into account.

Overall, the resolution stresses that it is not appropriate to exploit the subject of labour migration to frighten the public. Preconceived notions based on prejudice and resentment undermine the solidarity which forms the basis of society.

Parliament calls for the principle of ‘ integration mainstreaming ’ to be introduced, whereby account is taken of integration-related issues in all political, legislative and financial measures. It calls on the Commission to set up a cross-departmental integration group to tackle the issues of integration.

Integration and citizenship: Parliament considers that successful integration also includes participation in political decision-making processes and that the social participation of migrants should be encouraged. It advocates, therefore, expanding the scope for participation in society and for political codetermination for people with a migrant background, and encouraging them to take advantage of such opportunities. It recalls the importance of voting rights for migrants, particularly at the local level. It insists on the importance of their involvement in networks and NGOs working on these issues.

Combating the shortage of labour: Parliament stresses that the shortage of skilled labour should also be tackled by targeted education and vocational and lifelong training in the Member States, also within businesses. It stresses that underachievement and high school dropout rates affecting children of migrant workers should be tackled by guaranteeing minors rights to education . Member States are asked to create fair opportunities for job competition for migrant workers who have completed their studies in the territory of an EU Member State. The plenary insists that the principle of equal pay and equal working conditions for equal work in the same workplace must apply to skilled workers arriving from both the EU and third countries.

Common European entry system: Parliament calls on the Commission to evaluate the possibility of drawing up and introducing a common, criteria-based European entry system , based on transparent criteria and in line with the European Qualifications Framework approach of accumulating and transferring credits, which would be open to the Member States on a voluntary basis. Such a system should be adjusted to labour-market conditions so as to make it easier to attract urgently needed skilled workers. The resolution calls on the Commission, in connection with the proposed entry system, to consider developing an international platform on EURES for standardised job and skills profiles . Parliament calls for concrete proposals on how a mechanism for the recognition of qualifications and diplomas of third-country nationals could be set up.

Migrant rights: Parliament stresses that employers are required by law to treat all employees equally and to avoid discrimination between them: freedom of association for trade unions and the right to collective bargaining, without exception. Vocationally-based language courses should be made available.

The plenary, however, did not take up the committee’s proposal calling for asylum-seekers to be guaranteed access to the labour market and education as soon as possible.

Circular migration: Parliament recognises the potential of circular (labour) migration for producing a ‘triple win situation’ in which migrant, host country and home country all benefit. It calls on the Commission and the Member States to strengthen cooperation with third countries in the field of circular migration and to include them in negotiations and treaties. It calls for action to promote intelligent strategies on circular migration, backed up by the necessary resources and legal guarantees and conditions to create secure jobs and prevent irregular immigration. It stresses the need to make circular migration programmes flexibl e and also to support return and integration programmes .

It calls on the Commission to strengthen and give priority to the links between labour market demand, circular migration, development, and neighbourhood and foreign policy. It welcomes the financial support that the EU has given so far for migration management in third countries, e.g. Migration EU expertise II (MIEUX II).

Battling illegal immigration: Parliament calls on the Member States to open up a route into legality for people without papers who can earn their living through employment. It notes that long-term residence entitlement in the foreseeable future is a key prospect as far as integration is concerned. It calls for solutions that respect the fundamental rights of these persons while recalling the importance of smart borders management on the EU's part, as well as the possibility of monitoring with the aid of biometric identifiers.

Recalling that both legal and illegal immigration are current phenomena, Parliament calls for a common legal framework on migration policies to be established in order to protect migrants and potential victims, especially women and children. Parliament regrets the recent changes to the ‘right to nationality at birth’ legislation in some Member States, which are resulting in more cases of statelessness in the EU.

Coordination of social security systems: welcoming the existing EU decisions on social security coordination which have been reached with Algeria, Morocco, Tunisia, Croatia, the Former Yugoslav Republic of Macedonia, Israel, Montenegro, San Marino, Albania and Turkey, Parliament calls on the Commission to take action to address the issue of social security coordination for third country nationals, and especially the preservation of rights when leaving or re-entering the EU, and to accompany the EU’s migration policy with adequate measures addressing the acquired social security rights of migrants. It also calls on the Member States and the Commission to broaden the practical scope of the EU's association agreements with both third countries and wider regions as far as social security is concerned.

It points out that, even though the adoption of Regulation (EU) No 1231/2010 has allowed rights provided under Regulation (EC) No 883/2004 to be extended to third-country nationals, these rights can be claimed only in the case of cross-border activity within the EU, which means that most third-country nationals are excluded . Parliament calls, therefore, for a uniform and reciprocal EU approach to social security coordination vis-à-vis third countries to be adopted, covering all EU citizens and third-country nationals.

Lastly, Parliament welcomes:

the creation of the European Health Insurance Card, and urges that its use be further extended and simplified; the adoption of the Single Permit Directive, which allows for the portability of pensions for third-country nationals and their survivors; the Commission’s plan to declare 2016 the European Year of Integration. It urges it to focus in particular on ‘Integration through Work’.

It should be noted that an alternative motion for resolution was tabled by the EFD group but this was rejected in plenary.

The Committee on Employment and Social Affairs unanimously adopted the report drafted by Nadja HIRSCH (ADLE, DE) on the integration of migrants, its effects on the labour market and the external dimension of social security coordination.

The Committee on Civil Liberties, Justice and Home Affairs exercised its prerogatives as an associated committee under Rule 50 of the Rules of Procedure on this report.

Members state that the working-age population of Europe will decline from 2012 onwards and, in the absence of immigration, will fall by 14 million over the next 10 years . They state that despite an unemployment rate in the EU of approximately 10% (i.e. 23.8 million people out of work), there is a serious shortage of labour in the EU.

It is necessary to react in order to strengthen the integration of migrants into the labour market and into society. This requires commitment on both sides with a view to building an inclusive society. The report stresses that the shortage of skilled labour should also be tackled by targeted education and vocational and lifelong training in the Member States as well as a commitment by the local and regional authorities.

Combating discrimination : Members call on the Member States to firmly combat discrimination against third-country nationals and other EU citizens, particularly formal and informal discrimination in jobseeking and in the workplace . They reject all forms of wage and social dumping and call for a reduction in inequalities and income gaps. Efforts should be made to improve the social and economic inclusion of Roma.

Members take the view that Member States’ integration policies and measures must be better differentiated and tailored and of higher quality, and, most importantly, that they must distinguish between the needs of individuals. In this regard, the specific situation of migrant women should be taken into account.

Overall, the report stresses that it is not appropriate to exploit the subject of labour migration to frighten the public. Preconceived notions based on prejudice and resentment undermine the solidarity which forms the basis of society.

Members call for the principle of ‘ integration mainstreaming ’ to be introduced, whereby account is taken of integration-related issues in all political, legislative and financial measures. They call on the Commission to set up a cross-departmental integration group to tackle the issues of integration.

Integration and citizenship : once again, Members consider that successful integration also includes participation in political decisionmaking processes. They recall the importance of voting rights for migrants, particularly at the local level. They insist on the importance of their involvement in networks and NGOs working on issues relating to migrant women.

Combating the shortage of labour : Members stress that the shortage of skilled labour should also be tackled by targeted education and vocational and lifelong training in the Member States, also within businesses. They stress that underachievement and high school dropout rates affecting children of migrant workers should be tackled by guaranteeing minors rights to education . Member States are asked to inform foreign students concerning work opportunities after graduation and to create fair opportunities for job competition for migrant workers who have completed their studies in the territory of an EU Member State.

Common European entry system : Members call on the Commission to evaluate the possibility of drawing up and introducing a common, criteria-based European entry system , based on transparent criteria and in line with the European Qualifications Framework approach of accumulating and transferring credits, which would be open to the Member States on a voluntary basis. Such a system should be adjusted to labour-market conditions so as to make it easier to attract urgently needed skilled workers. The report calls on the Commission, in connection with the proposed entry system, to consider developing an international platform on EURES for standardised job and skills profiles . Members call for concrete proposals on how a mechanism for the recognition of qualifications and diplomas of third-country nationals could be set up.

Migrant rights : Members stress that employers are required by law to treat all employees equally and to avoid discrimination between them on grounds of religion, sex, ethnicity or nationality. They advocate the implementation of freedom of association for trade unions and the right to collective bargaining, without exceptions, in order to enforce, improve and defend decent conditions of work. Vocationally-based language courses should be made available.

Circular migration : Members recognises the potential of circular (labour) migration for producing a ‘triple win situation’ in which migrant, host country and home country all benefit. They call on the Commission and the Member States to strengthen cooperation with third countries in the field of circular migration and to include them in negotiations and treaties. They call for action to promote intelligent strategies on circular migration, backed up by the necessary resources and legal guarantees and conditions to create secure jobs and prevent irregular immigration. They stress the need to make circular migration programmes flexible and also to support return and integration programmes .

Members bear in mind that migration and labour market policy should go hand in hand. They call on the Commission, in this context, to strengthen and give priority to the links between labour market demand, circular migration, development, and neighbourhood and foreign policy. They welcome the financial support that the EU has given so far for migration management in third countries, e.g. Migration EU expertise II (MIEUX II).

Battling illegal immigration : Members call on the Member States to open up a route into legality for people without papers who can earn their living through employment. They note that long-term residence entitlement in the foreseeable future is a key prospect as far as integration is concerned. They deplores the desperate situation of undocumented migrants and failed asylum seekers in the EU , many of whom are destitute, and call for solutions to be found, with full respect for the fundamental rights of those concerned.

According to Members, both legal and illegal immigration are current phenomena and that a common legal framework on migration policies is needed in order to protect migrants and potential victims, especially women and children.

Coordination of social security systems : welcoming the existing EU decisions on social security coordination which have been reached with Algeria, Morocco, Tunisia, Croatia, the Former Yugoslav Republic of Macedonia, Israel, Montenegro, San Marino, Albania and Turkey, Members call on the Commission to take action to address the issue of social security coordination for third country nationals, and especially the preservation of rights when leaving or re-entering the EU, and to accompany the EU’s migration policy with adequate measures addressing the acquired social security rights of migrants. They point out that, even though the adoption of Regulation (EU) No 1231/2010 has allowed rights provided under Regulation (EC) No 883/2004 to be extended to third-country nationals, these rights can be claimed only in the case of cross-border activity within the EU, which means that most third-country nationals are excluded . They call, therefore, for a uniform and reciprocal EU approach to social security coordination vis-à-vis third countries to be adopted, covering all EU citizens and third-country nationals.

Lastly, Members welcome:

the creation of the European Health Insurance Card, and urges that its use be further extended and simplified; the adoption of the Single Permit Directive, which allows for the portability of pensions for third-country nationals and their survivors; the plan to declare 2015 the European Year of Integration.

PURPOSE: to establish an EU common approach as regards the external dimension of EU social security coordination.

BACKGROUND: in a globalised economic environment, labour mobility both within the EU and between the EU and the rest of the world is a growing reality and necessity. Social security coordination is a system of rules aimed at facilitating such mobility. The EU has had a system of social security coordination rules for mobility within the EU for over 50 years .

Social security coordination between the EU and the rest of the world is dealt with in two ways: (i) there is the national approach, whereby Member States make bilateral agreements with selected third countries but this approach is patchy: there is an incomplete network of agreements, and agreements tend to have differing content from country to country; (ii) a common EU approach to social security coordination with third countries is now developing.

CONTENT: against this background, this Communication has four aims:

to underline that migrants and businesses from third countries, who generally see the EU as a single entity, face fragmented social security systems which create obstacles in terms of entering, moving within and leaving the EU; to make the case for promoting and strengthening cooperation between Member States so that a less fragmented approach to social security coordination with third countries can be developed; to set out the various ways in which the EU rules already impact on the external dimension and to give clear guidance on the legal relationship between EU law and national bilateral agreements; to describe the existing components of a common EU approach and to make proposals for developing this further.

Member States’ bilateral agreements on social security systems with third countries: the social security rights of persons moving into and out of the EU are still dealt with predominantly under national rules. Member States conclude bilateral social security coordination agreements with third countries, and these agreements set up a system of coordination rules for persons moving between the two countries. These agreements traditionally aim at protecting citizens who are working in other states. Most agreements with third countries typically contain rules on applicable legislation, equal treatment and pensions. The pension provisions protect migrants’ acquired rights when they leave the national territory and allow payment of the pension in the other territory.

EU Member States generally negotiate bilateral agreements without reference to what their partner EU countries are doing. The process is highly fragmented . There is no mechanism for harmonising approaches, and similarly no mechanism whereby EU countries can get together to solve common problems they face with a particular country. This can mean loss of acquired social security rights for persons moving out of, or back into, the EU. This is just as likely to affect migrant EU citizens as migrants from third countries. Overall there is a lack of transparency as to what citizens’ rights are as regards this issue.

The impact of EU law on national bilateral agreements

The Gottardo Judgment : National bilateral agreements , like any other type of Member State law, are subject to the supremacy of EU law . This was made clear in the field of social security in 2002 when the Court of Justice of the European Union held, on the basis of Article 39 EC (now Article 45 TFEU), that Member States may not limit the application of social security agreements made with third countries to their own nationals and must treat other EU nationals equally under the terms of the agreement. The result of this ruling, known as the Gottardo judgment, means that EU Member States which operate agreements based on nationality, need to adjust the application of their agreements with third countries to ensure that they can benefit nationals of other Member States likewise.

Regulation No 1231/2010 : the existence of this Regulation gives the EU exclusive competence as regards the social security coordination rights of nationals from third countries who are in a cross-border situation within the EU . In cases of conflict, EU Regulations take precedence over national rules contained in bilateral agreements with third countries.

As regards the impact of both the Gottardo ruling and Regulation (EU) No 1231/2010 on bilateral agreements, Member States need to secure cooperation from the third country concerned in ensuring that EU obligations can be met. This gives rise to a number of common challenges. To be in compliance with the Gottardo judgment, the bilateral agreement needs to be applied in accordance with the EU principle of non-discrimination. This may involve renegotiating the agreement, or simply obtaining consent that a non-discrimination clause be incorporated into the agreement. In practical terms, Member States may need to obtain social insurance records from third countries for nationals of EU states other than their own. This often raises administrative and legal difficulties. The fundamental problem remains that, whilst the EU Member State is obliged to comply with EU law, the third country is generally not bound to cooperate on these issues .

Ensuring that the way bilateral agreements are applied is compatible with Regulation (EU) No 1231/2010 raises similar issues. There is a need to explain to third countries that, in certain circumstances, bilateral agreements cannot be applied as EU law has primacy. This is a problem for all the Member States, but at present there is no common mechanism for Member States to deal with this. One possible simple solution is to include a clause in all agreements to the effect that, in cases of conflict, EU law will take precedence over the terms of the agreement.

Strengthening cooperation on social security coordination with third countries : in view of the practical issues and challenges outlined above, it is clear that better cooperation between Member States on social security coordination with third countries would be advantageous in many respects. In this respect, a mechanism is needed at EU level to strengthen cooperation between Member States. The new mechanism will also ensure complementarity between the national bilateral approach and the developing EU approach to social security coordination with third countries.

The development of an EU common approach : the proposed strategy identifies the following elements:

- solving the problem of paying pensions to third country nationals : Regulation (EU) 1231/10 applies the EU social security coordination regulations to legally resident third-country nationals who are ‘in a situation which is not confined in all respects within a single Member State’. This means that any third-country national in a cross-border situation falling within the scope of Regulation (EU) No 1231/2010, who is entitled to an old-age pension from an EU state, will enjoy equal treatment with nationals of the paying state as regards payment of this pension outside the EU10. The Commission believes there is a need for effective enforcement of the principle of equal treatment when it comes to paying pensions in a third country . To this end, the Commission will use its network of national social security experts to gather information about legislation and other measures at national level concerning the payment of pensions in third countries;

- rights given by EU migration instruments : EU migration rules have imposed standards that national social security legislation must meet in the case of third-country nationals who reside in a Member State. For example, after five years' legal residence in an EU Member State, and assuming certain conditions are met, third- country nationals acquire the same rights as nationals in respect of social security, social assistance and social protection as defined by national law. This guarantee includes equal treatment as regards the transfer of their state pensions to a third country and is not dependent on the existence of bilateral agreements. The Commission’s proposals for further EU migration directives contain similar equal treatment clauses;

- Association Agreements and Stabilisation and Association Agreements : generally, Association Agreements contain a number of principles which are to govern the coordination of social security rules for workers and their families, who move between an EU country and the associated country. According to the Commission, these Association Council decisions should cover the following rights for legally employed workers so that EU workers should enjoy the same rights both in the associated countries and on their return to the EU. These decisions should also provide for a reciprocal framework of cooperation and verification mechanisms to combat fraud. The Commission will propose certain practical administrative arrangements of a non-legislative nature to facilitate the application of these Association Decisions. As regards the negotiation of new Association Agreements with third countries, the Commission will seek to include a standard social security coordination clause, based on the principles of equal treatment;

- new EU social security agreements : in order to take into account the needs of the globalised labour market, the Commission will open a debate in the Administrative Commission for the Coordination of Social Security Systems to consider whether, in certain circumstances, there may be a need for Member States to act jointly on social security coordination in respect of a given third country . This need could be addressed by a new instrument — an EU social security agreement allowing a more flexible approach to social security coordination than is possible under association agreements and could also be concluded with third countries with which no association or cooperation agreement exists. An EU agreement could be made as and when a need arose — for example, to deal with difficulties arising with a particular third country from the application of Regulation (EU) No 1231/2010 or to address issues linked to double social security contributions. The Commission foresees such made-to-measure agreements being concluded with some of the EU’s strategic partners, in particular those with whom there are significant movements of labour;

- strengthening the EU’s external profile on social security : as Member States increasingly move to work together on cross-border social security matters, the EU should, given its long experience of social security coordination, take a lead role. This should include cooperation with other international organisations, such as the ILO. The Commission will therefore promote cooperation on social security coordination with other international organisations and with other parts of the world.

PURPOSE: to establish an EU common approach as regards the external dimension of EU social security coordination.

BACKGROUND: in a globalised economic environment, labour mobility both within the EU and between the EU and the rest of the world is a growing reality and necessity. Social security coordination is a system of rules aimed at facilitating such mobility. The EU has had a system of social security coordination rules for mobility within the EU for over 50 years .

Social security coordination between the EU and the rest of the world is dealt with in two ways: (i) there is the national approach, whereby Member States make bilateral agreements with selected third countries but this approach is patchy: there is an incomplete network of agreements, and agreements tend to have differing content from country to country; (ii) a common EU approach to social security coordination with third countries is now developing.

CONTENT: against this background, this Communication has four aims:

to underline that migrants and businesses from third countries, who generally see the EU as a single entity, face fragmented social security systems which create obstacles in terms of entering, moving within and leaving the EU; to make the case for promoting and strengthening cooperation between Member States so that a less fragmented approach to social security coordination with third countries can be developed; to set out the various ways in which the EU rules already impact on the external dimension and to give clear guidance on the legal relationship between EU law and national bilateral agreements; to describe the existing components of a common EU approach and to make proposals for developing this further.

Member States’ bilateral agreements on social security systems with third countries: the social security rights of persons moving into and out of the EU are still dealt with predominantly under national rules. Member States conclude bilateral social security coordination agreements with third countries, and these agreements set up a system of coordination rules for persons moving between the two countries. These agreements traditionally aim at protecting citizens who are working in other states. Most agreements with third countries typically contain rules on applicable legislation, equal treatment and pensions. The pension provisions protect migrants’ acquired rights when they leave the national territory and allow payment of the pension in the other territory.

EU Member States generally negotiate bilateral agreements without reference to what their partner EU countries are doing. The process is highly fragmented . There is no mechanism for harmonising approaches, and similarly no mechanism whereby EU countries can get together to solve common problems they face with a particular country. This can mean loss of acquired social security rights for persons moving out of, or back into, the EU. This is just as likely to affect migrant EU citizens as migrants from third countries. Overall there is a lack of transparency as to what citizens’ rights are as regards this issue.

The impact of EU law on national bilateral agreements

The Gottardo Judgment : National bilateral agreements , like any other type of Member State law, are subject to the supremacy of EU law . This was made clear in the field of social security in 2002 when the Court of Justice of the European Union held, on the basis of Article 39 EC (now Article 45 TFEU), that Member States may not limit the application of social security agreements made with third countries to their own nationals and must treat other EU nationals equally under the terms of the agreement. The result of this ruling, known as the Gottardo judgment, means that EU Member States which operate agreements based on nationality, need to adjust the application of their agreements with third countries to ensure that they can benefit nationals of other Member States likewise.

Regulation No 1231/2010 : the existence of this Regulation gives the EU exclusive competence as regards the social security coordination rights of nationals from third countries who are in a cross-border situation within the EU . In cases of conflict, EU Regulations take precedence over national rules contained in bilateral agreements with third countries.

As regards the impact of both the Gottardo ruling and Regulation (EU) No 1231/2010 on bilateral agreements, Member States need to secure cooperation from the third country concerned in ensuring that EU obligations can be met. This gives rise to a number of common challenges. To be in compliance with the Gottardo judgment, the bilateral agreement needs to be applied in accordance with the EU principle of non-discrimination. This may involve renegotiating the agreement, or simply obtaining consent that a non-discrimination clause be incorporated into the agreement. In practical terms, Member States may need to obtain social insurance records from third countries for nationals of EU states other than their own. This often raises administrative and legal difficulties. The fundamental problem remains that, whilst the EU Member State is obliged to comply with EU law, the third country is generally not bound to cooperate on these issues .

Ensuring that the way bilateral agreements are applied is compatible with Regulation (EU) No 1231/2010 raises similar issues. There is a need to explain to third countries that, in certain circumstances, bilateral agreements cannot be applied as EU law has primacy. This is a problem for all the Member States, but at present there is no common mechanism for Member States to deal with this. One possible simple solution is to include a clause in all agreements to the effect that, in cases of conflict, EU law will take precedence over the terms of the agreement.

Strengthening cooperation on social security coordination with third countries : in view of the practical issues and challenges outlined above, it is clear that better cooperation between Member States on social security coordination with third countries would be advantageous in many respects. In this respect, a mechanism is needed at EU level to strengthen cooperation between Member States. The new mechanism will also ensure complementarity between the national bilateral approach and the developing EU approach to social security coordination with third countries.

The development of an EU common approach : the proposed strategy identifies the following elements:

- solving the problem of paying pensions to third country nationals : Regulation (EU) 1231/10 applies the EU social security coordination regulations to legally resident third-country nationals who are ‘in a situation which is not confined in all respects within a single Member State’. This means that any third-country national in a cross-border situation falling within the scope of Regulation (EU) No 1231/2010, who is entitled to an old-age pension from an EU state, will enjoy equal treatment with nationals of the paying state as regards payment of this pension outside the EU10. The Commission believes there is a need for effective enforcement of the principle of equal treatment when it comes to paying pensions in a third country . To this end, the Commission will use its network of national social security experts to gather information about legislation and other measures at national level concerning the payment of pensions in third countries;

- rights given by EU migration instruments : EU migration rules have imposed standards that national social security legislation must meet in the case of third-country nationals who reside in a Member State. For example, after five years' legal residence in an EU Member State, and assuming certain conditions are met, third- country nationals acquire the same rights as nationals in respect of social security, social assistance and social protection as defined by national law. This guarantee includes equal treatment as regards the transfer of their state pensions to a third country and is not dependent on the existence of bilateral agreements. The Commission’s proposals for further EU migration directives contain similar equal treatment clauses;

- Association Agreements and Stabilisation and Association Agreements : generally, Association Agreements contain a number of principles which are to govern the coordination of social security rules for workers and their families, who move between an EU country and the associated country. According to the Commission, these Association Council decisions should cover the following rights for legally employed workers so that EU workers should enjoy the same rights both in the associated countries and on their return to the EU. These decisions should also provide for a reciprocal framework of cooperation and verification mechanisms to combat fraud. The Commission will propose certain practical administrative arrangements of a non-legislative nature to facilitate the application of these Association Decisions. As regards the negotiation of new Association Agreements with third countries, the Commission will seek to include a standard social security coordination clause, based on the principles of equal treatment;

- new EU social security agreements : in order to take into account the needs of the globalised labour market, the Commission will open a debate in the Administrative Commission for the Coordination of Social Security Systems to consider whether, in certain circumstances, there may be a need for Member States to act jointly on social security coordination in respect of a given third country . This need could be addressed by a new instrument — an EU social security agreement allowing a more flexible approach to social security coordination than is possible under association agreements and could also be concluded with third countries with which no association or cooperation agreement exists. An EU agreement could be made as and when a need arose — for example, to deal with difficulties arising with a particular third country from the application of Regulation (EU) No 1231/2010 or to address issues linked to double social security contributions. The Commission foresees such made-to-measure agreements being concluded with some of the EU’s strategic partners, in particular those with whom there are significant movements of labour;

- strengthening the EU’s external profile on social security : as Member States increasingly move to work together on cross-border social security matters, the EU should, given its long experience of social security coordination, take a lead role. This should include cooperation with other international organisations, such as the ILO. The Commission will therefore promote cooperation on social security coordination with other international organisations and with other parts of the world.

PURPOSE: to propose a global approach to migration and mobility.

BACKGROUND: according to United Nations assessments, there are 214 million international migrants worldwide and another 740 million internal migrants. There are 44 million forcibly displaced people. An estimated 50 million people are living and working abroad with irregular status.

Migration is now firmly at the top of the European Union’s political agenda. The Arab spring and events in the Southern Mediterranean in 2011 further highlighted the need for a coherent and comprehensive migration policy for the EU . The Commission has already presented a Communication with a range of policy proposals and operational measures on migration, mobility, integration and international protection. The EU has taken immediate action by launching dialogues with Tunisia and Morocco and making preparations to start the dialogue with Egypt . Similar dialogues will follow with other countries in the Southern Mediterranean region, notably with Libya , as soon as the political situation permits. The dialogues allow the EU and the partner countries to discuss in a comprehensive manner all aspects of their possible cooperation in managing migration flows and circulation of persons with a view to establishing Mobility Partnerships.

The Commission has highlighted the need for the EU to strengthen its external migration policy by setting up partnerships with non-EU countries that address issues related to migration and mobility in a way that makes cooperation mutually beneficial.

At the same time, and despite the current economic crisis and unemployment rates, European countries are facing labour market shortages due to long-term population ageing in Europe, which is expected to halve the ratio between persons of working age (20-64) and persons aged 65 and above in the next fifty years. All indicators show that some of the additional and specific skills needed in the future could be found only outside the EU.

The EU’s Global Approach to Migration was adopted in 2005, addressing all relevant aspects of migration in a balanced and comprehensive way, in partnership with non-EU countries. Consultations have confirmed the added value of the Global Approach and the valuable results it has delivered.

In order to reap the benefits that well-managed migration can bring and to respond to the challenges of changing migration trends, the EU will need to adapt its policy framework. This Communication puts forward a renewed Global Approach to Migration and Mobility (GAMM) designed to meet that objective.

CONTENT: the Communication presents a framework on migration and mobility, the main points of which are as follows:

Key objectives :

the GAMM should be considered and promoted as the overarching framework of the EU External Migration Policy, based on genuine partnership with non-EU countries and addressing migration and mobility issues within their appropriate regional context and framework; the GAMM should establish a comprehensive framework to manage migration and mobility with partner countries in a coherent and mutually beneficial way through policy dialogue and close practical cooperation. It should be firmly embedded in the EU’s overall foreign policy framework, including development cooperation; Migration and Mobility Dialogues must aim to exchange information, identify shared interests and build trust and commitment as a basis for operational cooperation for the mutual benefit of the EU and its partner(s); the GAMM should be jointly implemented by the European Commission, the European External Action Service (EEAS), including the EU Delegations, and the EU Member States, in accordance with the respective institutional competences.

Thematic priorities : the GAMM should be based on four equally important pillars:

organising and facilitating legal migration and mobility (promoting integration policy, visa facilitation, better application of European legislation regarding the single permit); preventing and reducing irregular migration and trafficking in human beings (particularly strengthening integrated border management); promoting international protection and enhancing the external dimension of asylum policy (strengthening asylum systems and enhanced support for resettlement activities); maximising the development impact of migration and mobility (ensure ethical recruitment and mitigate brain drain).

organising and facilitating legal migration and mobility (promoting integration policy, visa facilitation, better application of European legislation regarding the single permit); preventing and reducing irregular migration and trafficking in human beings (particularly strengthening integrated border management); promoting international protection and enhancing the external dimension of asylum policy (strengthening asylum systems and enhanced support for resettlement activities); maximising the development impact of migration and mobility (ensure ethical recruitment and mitigate brain drain).

For each of these thematic priorities, the Communication sets out the type of actions envisaged as well as operational priorities.

The GAMM should be (i) migrant-centred, based on the principle of safe mobility; (ii) strengthen respect for the human rights of migrants in source, transit and destination countries alike.

Geographical priorities : the Global Approach should not be restricted geographically . It is a general approach and a method. Dialogue and cooperation on matters related to migration and mobility must take place with all partner countries whilst focusing on certain priorities:

while the EU Neighbourhood remains a main and broader priority (particularly the countries in the southern Mediterranean – Morocco, Algeria, Tunisia, Libya and Egypt) – and the Eastern Partnership –Ukraine, Belorussia, Moldavia, Georgia, Armenia and Azerbaidjan), the overarching regional framework towards the south should be the Africa-EU partnership (53 countries). Towards the east the main priority should be the Prague process (covering the EU and 19 countries in the east (Western Balkans, Eastern Europe, Russia, Central Asia, Southern Caucasus and Turkey). Other sub-regional processes should be aligned and streamlined accordingly: at bilateral level, the GAMM should focus on a relatively limited number of key partners ; the GAMM is also open to addressing intra-regional migration and mobility in other parts of the world when identified in the dialogue as relevant for obtaining the set objectives.

Implementation mechanisms : the GAMM should be supported by an extensive set of tools and two partnership frameworks, applied in a flexible and tailor-made manner, depending on the EU’s interests and the interests and needs of its partner. The Mobility Partnership (MP) is to be built in a balanced way around all four pillars of the GAMM, notably with commitments on mobility, visa facilitation and readmission agreements. It may, where appropriate, also include linkages to broader security concerns.

The other tools proposed are as follows:

the Common Agenda on Migration and Mobility (CAMM) should be introduced as an alternative framework to agree common recommendations, targets and commitments within each of the four thematic pillars of the GAMM. The fundamental difference from the MP is that this framework would not necessarily require negotiating visa facilitation and readmission agreements; knowledge tools, including migration profiles, mapping instruments, studies, statistical reports, impact assessments and fact-finding missions; dialogue tools, including migration missions, seminars and conferences; cooperation tools, including capacity-building, cooperation platforms, exchanges of experts, twinning, operational cooperation and targeted projects and programmes.

Funding and monitoring : successful implementation of the Global Approach depends on adequate funding. Geographical and thematic financial instruments remain of key importance for external cooperation and will have to be used in a comprehensive and coherent way, building on lessons learned from, for example, the Thematic Programme on Migration and Asylum (2007-2013). Future programming and allocation modalities of EU external instruments should continue to contribute to the goals of the Global Approach. In addition to these external instruments, the future EU Asylum and Migration Fund and the Internal Security Fund to cater to financing the GAMM.

Lastly, in order to ensure transparency and improve implementation, the results of the GAMM should be presented in a biennial progress report, and further communicated through a dedicated website.

PURPOSE: to propose a European agenda for the integration of third-country nationals.

BACKGROUND: over the past decades, most EU Member States have experienced increasing migration. Migrants from third countries represent around 4% of the total EU population . The composition of EU's population is thus changing, and European societies are faced with increasing diversity.

Europe is also strongly influenced by demographic changes, including the ageing population, longer life expectancies and a declining working-age population Legal migration can help to address these issues, in addition to maximising the use of the labour force and skills already available in the EU. If the full benefits from migration are to be realised, Europe needs to find a way to better cope with its diverse and multicultural societies through more effective integration of migrants.

There is already a framework for EU co-operation on integration through the Common Basic Principles for Immigrant Integration Policy in the European Union, which were agreed by the Council in 2004. The Principles underline that integration is a dynamic, two-way process of mutual accommodation by migrants and by the societies that receive them. All EU actions presented by the Commission in the Common Agenda for Integration have been completed. However, the social, economic and political context has changed and not all integration measures have been successful in meeting their objectives.

The introduction of a new legal provision in the Treaty concerning EU support to the promotion of integration of third-country nationals residing legally in Member States (Article 79(4) TFEU) allows further concerted action while excluding harmonisation.

Accordingly, it is appropriate to renew the 2005 Agenda with a range of approaches, depending on the different integration challenges faced by various types of migrants, both low and highly skilled, as well as beneficiaries of international protection. This is the purpose of the Communication.

CONTENT: building on experiences across the EU, this Communication highlights European integration challenges. To address these challenges, it suggests recommendations and areas for action.

The proposed actions focus on the following key areas: (i) integration through participation; (ii) more action at local level; (iii) involvement of countries of origin.

(1) Integration through participation : several actions are proposed both through Member States and also directly by the Commission. These are as follows:

- The socio-economic contribution of migrants : it is broadly agreed that the acquisition of language skills is critical for integration. Accordingly, it is proposed that Member States should ensure: (i) the provision of language courses, reflecting migrants varying needs at different stages of their integration process; (ii) the organisation of introductory programmes for newly arrived migrants, including language and civic orientation courses; (iii) measures to map and assess the individual's needs and to validate qualifications and professional experiences; (iv) increasing labour market participation of migrants through active labour market policies; (v) efforts in education systems equipping teachers and school leaders with the skills for managing diversity; recruiting teachers from migrant backgrounds; and participation of migrant children in early childhood education; and (vi) special attention to specific needs of vulnerable groups of migrants.

The Commission, for its part, should support: (i) the exchange of practice and policy coordination in the areas of employment, education and social policies; and (ii) a better use of existing EU financial instruments to support migrants' participation.

- Achieving equal treatment and a sense of belonging : the aim is to strengthen efforts to fight against discrimination and to give migrants instruments to become acquainted with the fundamental values of the EU and its Member States. Member States should ensure: (i) measures to implement in practice the principle of equal treatment and to prevent institutional as well as every-day discrimination; and (ii) efforts to remove obstacles to migrants' political participation. The involvement of migrant representatives in the drawing up of and implementation of integration policies and programmes should be further enhanced.

The Commission should ensure the full and correct implementation of existing directives on non-discrimination and in the area of legal migration.

(2) Action at local level : integration policies should be formulated and implemented with the active involvement of local authorities. The latter are responsible for a wide range of services and activities and they play an important role in shaping the interaction between migrants and the receiving society. Member States should ensure comprehensive integration strategies designed and implemented with the effective involvement of all local and regional stakeholders with a 'bottom-up' approach. Actors at all levels of governance should support ‘territorial pacts', as a framework for cooperation between relevant stakeholders at different levels, to be developed for designing and implementing integration policies. The Commission should support: (i) the involvement of local and regional actors in the definition of integration policies within the framework of EU programmes, through a strategic partnership with the Committee of the Regions and European networks of cities and regions; and (ii) a higher degree of coordinated programming of existing EU financial instruments to target local action. This should be done through the use of the European Fund for the Integration of third-country nationals, the European Refugee Fund, the European Social Fund and the European Regional Development Fund.

(3) Involvement of countries of origin : countries of origin can have a role to play in support of the integration process in three ways: 1) to prepare the integration already before the migrants' departure; 2) to support the migrants while in the EU, e.g. through support via the Embassies; 3) to prepare the migrant's temporary or definitive return with acquired experience and knowledge.

Member States and countries of origin should ensure pre-departure support to migrants in order to facilitate integration to be part of the dialogue and cooperation frameworks between the EU and partner countries. A key element in this regard is to improve methods for recognition of the migrant's qualifications and skills.

The way forward : managing integration is crucial for realising the full potential of migration, both for the migrants and the EU. Effective integration policies are fundamental to reconcile economic growth with social cohesion and to deal with increasingly diverse European societies. This process requires a structured and informed debate. Coherent strategies are needed in order to achieve better participation of migrants in the societies in which they live. In this respect, the Commission should support:

The Commission should support:

- the further use and coordination of European platforms for consultation and knowledge exchange (including the National Contact Points on Integration, the European Integration Forum and the European Web Site on Integration), to enhance their input in policy decision-making, monitoring and coordination of policies;

- the further development of a flexible tool-box, including 'European modules', to support national and local policies and practices. It will be implemented, in strategic alliance with the Committee of the Regions, by national, regional and local authorities and civil society; and

- common European 'indicators' in the areas of employment, education, social inclusion and active citizenship to monitor results of integration policies and which should serve as a basis for systematic follow-up.