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EUROPEAN UNION

European Union documents

The area of migration and asylum is being regulated through various EU legislative instruments – regulations, directives and decisions; political aims and directions are defined mainly through Council Conclusions. Situation is not static, quite on the contrary – it develops dynamically as the European Commission presents new proposals or prepares amendments to the existing legislation.

Currently, main discussions in the EU Council working parties take place on legal migration and asylum policy issues.

Besides, readmission and visa facilitation agreements signed by the EU and a number of third countries play an important role in effective functioning of the EU migration policy. Also in this case – similarly to the situation with the EU law – those agreements that are currently in force are evaluated and European Commission proposes amendments to them or initiates elaboration of new agreements.

Policy areas:

Visa and border policy

Legislation currently in force
Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code)
Regulation (EU) No 265/2010 of the European Parliament and of the Council of 25 March 2010 amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa
Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement CONSOLIDATED VERSION: Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement. NB! This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents AMENDMENTS: Council Regulation (EC) No 851/2005 of 2 June 2005 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement as regards the reciprocity mechanism Council Regulation (EC) No 1932/2006 of 21 December 2006 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement Council Regulation (EC) No 1244/2009 of 30 November 2009 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement Regulation (EU) No 1091/2010 of the European Parliament and of the Council of 24 November 2010 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement Regulation (EU) No 1211/2010 of the European Parliament and of the Council of 15 December 2010 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement
Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation)
Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)
Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas AMENDMENTS: Council Regulation (EC) No 856/2008 of 24 July 2008 amending Regulation (EC) No 1683/95 laying down a uniform format for visas as regards the numbering of visas
Schengen Agreement and Convention implementing Schengen Agreement

Legislative proposals
Proposal for a Decision of the European Parliament and of the Council on the list of travel documents entitling the holder to cross the external borders and which may be endorsed with a visa and on setting up a mechanism for establishing this list

Free movement of persons and legal migration

Legislation currently in force
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC
Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification
Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents AMENDMENTS: Directive 2011/51/EU of the European Parliament and of the Council of 11 May 2011amending Council Directive 2003/109/EC to extend its scope to beneficiaries of international protection
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
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
Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research
Regulation (EC) No 1931/2006 of the European Parliament of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention
Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment
Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 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
Legislative proposals
Proposal for Council Directive amending Directive 2003/109/EC to extend its scope to beneficiaries of international protection
Proposal for a Directive of the European Parliament and of the Council on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer
Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment

Fight against illegal immigration

Legislation currently in force
Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals
Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals
Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals

Asylum and international protection

Legislation currently in force
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof
Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers
Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted
Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast)
Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status
Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention
Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national
Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office
Legislative proposals
Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (Recast)
Proposal for a Directive of the European Parliament and of the Council laying down minimum standards for the reception of asylum seekers (Recast)
Proposal for a Directive of the European Parliament and of the Council on minimum standards on procedures in Member States for granting and withdrawing international protection (Recast)

Document security

Legislation currently in force

Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals

AMENDMENTS:
Council Regulation (EC) No 380/2008 of 18 April 2008 amending Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals

Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States

AMENDMENTS:
Regulation (EC) No 444/2009 of the European Parliament and of the Council of 28 May 2009 amending Council Regulation (EC) No 2252/2004 on standards for security features and biometrics in passports and travel documents issued by Member States

External dimension of migration policy

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
Global approach to migration: Priority actions focusing on Africa and the Mediterranean
Council Conclusions on Extending and Enhancing the Global Approach to Migration
Council Conclusions on Mobility Partnerships and Circular Migration in the Framework of the Global Approach to Migration
Council conclusions on the evaluation of the Global Approach to Migration and on the partnership with countries of origin and transit
Council Conclusions on enhancing the Global Approach to Migration
Council Conclusions on Mobility Partnerships as a tool of the Global Approach to Migration

EU agreements with third countries

EU agreements with third countries on the facilitation of the issuance of visas

Albania
Bosnia and Herzegovina
Georgia
Russia
FYROM
Montenegro
Moldova
Serbia
Ukraine

EU agreements with third countries on readmission

Albania
Bosnia and Herzegovina
FYROM
Georgia
Hong Kong
Russia
Macao
Montenegro
Moldova
Serbia
Sri Lanka
Ukraine
Pakistan

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