Transcript THE EU REGULATION ON COMMUNITY STATISTICS ON MIGRATION AND INTERNATIONAL PROTECTION Ann Singleton, Audrey Lenoël Centre for the Study of Poverty and Social Justice School for Policy.

THE EU REGULATION ON
COMMUNITY STATISTICS ON
MIGRATION AND INTERNATIONAL
PROTECTION
Ann Singleton, Audrey Lenoël
Centre for the Study of Poverty and
Social Justice
School for Policy Studies
University of Bristol
United Kingdom
and
Nicolas Perrin
GéDAP – Université Catholique de
Louvain-la-Neuve
Belgium
The Regulation
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Regulation of the European Parliament and of
the Council on Community statistics on
migration and international protection
(repealing Council Regulation (EEC) No.
311/76 on the compilation of statistics on
foreign workers.
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Offical Journal of the European Union
31.7.2007, L199/23-29
The context
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Political will
Emergence of common EU policies on migration and asylum,
labour market needs
The acknowledged need for EU legislation on statistics
Harmonised and comparable Community statistics on migration
and asylum are essential for the development and monitoring of
Community legislation and policies relating to immigration and
asylum, and to the free movement of persons.
Current impetus
- Allocation of Community funds to Member States
- Framework programme ‘Solidarity and Management of
Migration Flows’
Why did it happen?
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The conclusions of the Justice and Home
Affairs Council of 28-29 May 2001.
There is a need for a comprehensive and
coherent framework for future action on
improving statistics
Why did it happen?
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Enlargement of the EU – added geographical and
political dimension, increased impetus to the
demand for accurate, timely and harmonised
statistical information.
Need to monitor the development and
implementation of Community legislation and
policy. Replace the ‘gentlemen’s agreements’.
How did it happen?
In April 2003 the Commission released a
Communication to the Council and the European
Parliament, setting out an Action Plan for the
collection and analysis of Community Statistics in
the field of migration.
– It included:
– changes to improve the completeness and
degree of harmonisation of these statistics
– the aim of proposing legislation
How did it happen?
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The Thessaloniki European Council 19-20 June
2003 concluded that more effective mechanisms
were needed for the collection and analysis of
information on migration and asylum in the
European Union.
The European Parliament resolution of 6th
November 2003 noted that legislation was
required. The resolution supported the
Commission plans to propose legislation.
Preparing legislation
Preparation of the Commission proposal 2002-2004
Technical consultation two years
First draft: August 2003
Adoption as Commission proposal: September 2005
Review and amendment by Council and European
Parliament 2005-2007
Adopted by the Council 31st July 2007
Implementation 2008 onwards
Principles
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Member States free to use sources according to
national practice
Harmonised statistical definitions
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UN recommendations
EU legislation
Emphasis on metadata
Comprehensive legal framework
Flexibility
Transparency
Content of the Regulation
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Article 1.
It establishes common rules for the collection and compilation
of Community statistics on:
Immigration to and emigration from the Member State
territories, including flows from the territory of one Member
state to that of another member state and flows between a
member state and the territory of a third country;
Citizenship and country of birth of persons usually resident in
the territory of the Member States;
Administrative and judicial procedures and processes in the
Member states relating to immigration, granting of permission to
reside, citizenship, asylum and other forms of international
protection and the prevention of illegal immigration.
Content of the Regulation
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Article 2. Definitions:
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Usual residence
Immigration, Emigration
Citizenship, Country of birth
Immigrant, Emigrant
Long-term resident
Third country national
Application for international protection
Refugee status, Subsidiary protection status
Family members
Temporary protection
Unaccompanied minor
External borders
Third country nationals refused entry, Third country nationals found to be
illegally present
Resettlement
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Content of the Regulation
Article 3. Statistics on international migration, usually
resident population and acquisition of citizenship
 Immigrants by:
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groups of citizenship (incl. EU/non-EU), by age and sex
groups of country of birth by age and sex
groups of country of previous usual residence by age and sex
Emigrants by:
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groups of citizenship
age
sex
Groups of countries of next usual residence
Content of the Regulation
Article 3 (ctd)
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Persons having usual residence in the Member State by:
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groups of citizenship (incl. EU/non-EU), by age and sex
groups of country of birth by age and sex
groups of country of previous usual residence by age and sex
Acquisition of citizenship by:
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former citizenship
age and sex
Content of the Regulation
Article 4 Statistics on international protection
Persons having submitted an application (or
been included as a family member)
 Persons who are subjects of applications for
international protection (applications in process)
 Applications for international protection having
been withdrawn
Monthly data, by age, sex and citizenship;
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Content of the Regulation
Article 4 (ctd) Statistics on international protection
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Persons covered by first instance decisions rejecting applications (incl
inadmissable, unfounded, accelerated procedures).
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Persons covered by first instance decisions granting or withdrawing:
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refugee status, subsidiary protection, temporary protection, authorisation to stay for
humanitarian reasons
Also, persons covered by final decisions for all the above categories
Quarterly figures, by age, sex and citizenship;
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Unaccompanied minors (applicants for international protection)
Resettlement
Annual figures by age, sex and citizenship
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Content of the Regulation
Article 4 (ctd) Statistics on international
protection
 Dublin Regulation data
Requests for taking back/taking charge of an asylum
seeker)
– Provisions (reasons for the decision)
– Decisions taken
– Number of transfers
– Number of requests for information
annual data
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Content of the Regulation
Article 5.
Statistics on the prevention of illegal entry
and stay (former CIREFI data)
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Third-country nationals refused entry at the
MS external border (total numbers)
Third-country nationals found to be illegally
present (by age and sex and by citizenship)
annual data
Content of the Regulation
Article 6 Statistics on residence permits and
residence of third country nationals
Permits issued for the first time, by citizenship, reason and
length of validity of the permit
Permits issued and granted on (change of status or reason to
stay) by citizenship reason and length of validity of the permit
valid permits at the end of the reference period
number of residents at the end of the reference period, by
citizenship
annual data, some types of visas will be included
Content of the Regulation
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Article 7 Statistics on Returns
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The number of third country nationals found to be illegally
present, subject to an order declaring their stay is illegal,
imposing an obligation to leave
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The number of third country nationals who have in fact left
the territory of the Member state, by citizenship
annual data, not including Dublin transfers
Content of the Regulation
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Article 8 Additional disaggregations
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This article sets out the additional disaggregations that may be
included in the implementing measures
In general it allows for the inclusion of more breakdown and
cross-tabulation by age, sex, and reasons
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Content of the Regulation
Article 9 Data sources and quality standards
This article sets out which sources shall be used for the supply of
the data:
• Records of administrative and judicial actions
• Registers relating to administrative actions
• Registers of population (or a sub-group of the population)
• Censuses
• Surveys
• Scientific estimates
• Metadata, revisions and corrections will be supplied to Eurostat
without delay
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Content of the Regulation
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Article 10 Implementing measures
This are provided for in order to:
Update definitions
Define
categories of groups of countries
categories of reasons
additional disaggregations and levels of disaggregation
Lay down rules on accuracy and quality standards
Content of the Regulation
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Article 11. Committee
Statistical Programme Committee (Directors General of
NSOs)
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Article 12. Report to the European Parliament and the
Council, every three years, on the statistics
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Article 13 Repeals Regulation 311/76
Article 14 The Regulation comes into force 20 days after
publication (binding in its entirety and applicable in all
Member States)
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Publicly accessible data and the need
for users to provide feedback
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Networks
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Projects
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European Migration Network
IMISCOE – academic network of excellence - cluster
THESIM
PROMINSTAT (www.prominstat.eu)
ILMAS support for the implementation of the regulation
National initiatives
Access to official information
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Monthly, Quarterly and Annual Reports
Eurostat New Cronos database free access to data
Annual Report on Asylum and
Migration in the EU
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On the DG Justice and Home Affairs website
Includes all EU27 Member State (+Iceland,
Norway)
Annual figures on immigration, asylum and
return
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Report on 2001
Report on 2002
Report on 2003
Report on 2004