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Bijlage 14

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Nummer: 2008D16370, datum: 2008-11-18, bijgewerkt: 2024-02-19 10:56, versie: 1

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Bijlage bij: Geannoteerde agenda JBZ-raad 27-28 nov. 2008 (2008D16355)

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COUNCIL OF

THE EUROPEAN UNION

Brussels, 6 November 2008 (11.11)

(OR. fr)



15251/08





MIGR 108

SOC 668



"I/A" ITEM NOTE

from:	Presidency

to: 	Permanent Representatives Committee/Council and Representatives of
the Governments of the Member States

Subject:	Conclusions of the Council and the Representatives of the
Governments of the Member States on integration policies in the European
Union



Delegations will find below the above draft conclusions which reproduce
the text of the Declaration approved by the Ministers at the European
Ministerial Conference on Integration (Vichy, 3 and 4Ā NovemberĀ 2008).

The Permanent Representatives Committee is invited to approve these
conclusions with a view to submission to the Council for approval as an
"A" item at its meeting on 27 and 28 November 2008.

Conclusions of the Council and the Representatives of the Governments
of the Member States 

on integration policies in the European Union

Whereas the Hague Programme, adopted by the European Council on 4 and
5Ā NovemberĀ 2004, highlights the need for greater coordination of
national integration policies and European Union initiatives in this
field and states that any future initiative on the part of the European
Union should fit into a framework founded on common basic principles as
well as on clear objectives and evaluation tools;

Whereas, against that background, the first conference of ministers in
charge of integration in the Member States of the European Union was
organised on 9, 10 and 11Ā NovemberĀ 2004 in Groningen, under the
Netherlands Presidency, and common basic principles on integration were
adopted by the Council and the Representatives of the Governments of the
Member States on 19Ā November 2004;

Whereas a Common Agenda for Integration establishing a working framework
for the integration of third-country nationals in the European Union was
submitted by the Commission on 1 September 2005;

Whereas a new phase was started with the Potsdam ministerial conference,
organised under the German Presidency on 10 and 11Ā MayĀ 2007, which, in
particular, fuelled discussion on intercultural dialogue and helped to
prepare the conclusions of the Council and of the Representatives of the
Governments of the Member States on 12 and 13Ā JuneĀ 2007;

Whereas a financial instrument, the European Fund for Integration, was
set up by a Council Decision of 25Ā JuneĀ 2007 to help Member States to
draw up and implement integration policies, in accordance with the
common basic principles;

Whereas the French Presidency of the Council of the European Union has
made immigration and integration issues one of its core priorities;



Whereas the adoption of the European Pact on Immigration and Asylum will
help to make decisive progress towards a common immigration and asylum
policy and it invites the Member States to establish ambitious policies
for the promotion of the harmonious integration of migrants, with the
help of Community support measures;

Whereas the aim of the Vichy ministerial conference on 3 and
4Ā NovemberĀ 2008 is to improve the convergence of the concepts and
practices of Member States of the European Union in the continuation of
the work already started at European level, in particular at the first
two ministerial conferences and within the framework of the network of
National Contact Points on Integration;

Whereas it is necessary to promote and explore the common basic
principles in greater depth, around the following themes, among other
important integration issues: promotion of the fundamental values of the
European Union, the integration process, access to employment and the
promotion of diversity in employment, the integration of women and the
education of children, intercultural dialogue and principles of
integration policy governance;

Whereas the first common basic principle states that "integration is a
dynamic, two-way process of mutual accommodation" between immigrants and
the host society, and that principle also highlights the proactive
character of integration policies and generates rights and duties for
the migrant as well as the need for a real effort on the part of the
host society;

Considering the proposals made in the Commission's report of
8Ā OctoberĀ 2008 prepared for the Ministerial Conference on Integration
and the conclusions of the Council and of the Representatives of the
Governments of the Member States of 12 and 13Ā JuneĀ 2007;

Whereas all the Member States of the European Union are now faced with
the challenge of integration, even though, as recalled in the
conclusions of 19Ā NovemberĀ 2004, the relevant policies aimed at
legally residing third-country nationals may differ significantly from
one Member State to another, depending in particular on their histories
and administrative organisation, and concern distinct groups the
composition of which may vary from one country to another;

Whereas integration policies are also part of the Global Approach to
Migration, should be taken into account in other policies, in particular
social and employment policies, and should be combined with policies to
combat any forms of discrimination to which migrants may be exposed;

Whereas the success of these policies guarantees social cohesion and
mutual enrichment for each Member State of the European Union;

The Member States agree to give particular attention to the following
themes, among other important integration issues, when defining and
implementing their national integration policies, in accordance with
national specificities and rules:

1.	Promotion of the European Unionā€™s fundamental values

The European Pact on Immigration and Asylum, adopted by the European
Council on 15 and 16Ā October 2008, invites the Member States of the
European Union, as part of the effort to establish ambitious integration
policies, to ā€œstress respect for the identities of the Member States
and the European Union and for their fundamental values, such as human
rights, freedom of opinion, democracy, tolerance, equality between men
and women, and the compulsory schooling of childrenā€. It also calls
upon the Member States to take into account the need to combat any forms
of discrimination to which migrants may be exposed.

The acts of racism and xenophobia should also be effectively fought
against.

Finally, the importance of the values of freedom of expression and
freedom of religion should be emphasised. 

In compliance with the Charter of Fundamental Rights of the European
Union, which defines the values shared by the Member States of the
European Union, measures that help to promote and publicise them should
be enhanced. Work will begin on developing an information material
featuring content common to the Member States on European values,
intended for use during the immigrant introductory phase under practical
arrangements to be defined by each Member State, which could also
include their own values.

2.	The integration process

The introductory phase is a key step in the integration process from the
moment of immigrants' arrival and even, in certain cases, before their
departure from their country of origin. Priority measures that can be
organised in this introductory phase primarily involve learning the
language, history and institutions of the host society. Member States
may introduce appropriate arrangements for the acquisition of elementary
knowledge and skills conducive to the immigrant's proper social,
economic and cultural integration.

Immigrants' access, according to the applicable legislation, to
employment, housing, education and health and, more broadly, to all
rights and public services, is, secondly, a major challenge for social
cohesion. In this respect, access to housing poses a particular
challenge. That access to rights and public services is facilitated
within the framework of an integration process that must reflect the
balance between migrants' rights and duties. In order to be successful,
the integration process calls for a genuine effort on the part of the
host society and the competent public authorities as well as the
immigrants themselves, to foster in particular mutual respect.

In addition, greater knowledge of the educational organisation is of
fundamental importance for immigrants who are also parents. To that end,
information or training can be offered to parents in order to make them
more familiar with the school world and curricula and thus allow them to
follow their childrenā€™s education more closely. Associations,
including migrant associations, and civil society players have a major
role to play in this back-up.

3.	Access to employment and the promotion of diversity

By basing their action on the European employment strategy, the relevant
community legislation and the renewed social agenda, Member States
should facilitate immigrants' access to employment, on condition that
rights regarding access to the labour market are provided in compliance
with both Community and national legislation.

Individually tailored employment support measures and actions to promote
diversity in the labour market, which require the involvement of
employers and trade unions to be a success, can be developed. Vocational
training actions also contribute to integration and can be part of a
lifelong learning.

Access to employment is a decisive step in the integration process. The
introductory phase for new arrivals is thus an ideal opportunity for
measures designed to identify previously acquired vocational skills and
experience and, above all, improve their recognition, and to guide
immigrants towards employment-generating and high-growth sectors.

Incentive-based schemes for immigrants can help to facilitate their
access to the labour market.

Schemes supporting business creation as well as individual monitoring
programmes or mentoring actions initiated by businesses or civil society
structures also favour the economic integration of immigrants.

Public authorities should also encourage employers to set up and use
tools to promote equal opportunities and diversity at recruitment and
throughout careers, and make the most of that approach. Tools such as
the diversity charter or label, adopted by several Member States, are
the result of a concerted effort between the State, local authorities,
both sides of industry and the business community and show the
commitment of employers to involvement in an anti-discrimination
approach, whilst also making it possible to check the efficiency of the
measures introduced.

4.	The integration of women and the education of children

Women account for a significant proportion of new migrants in most
Member States of the European Union. They play an essential role in the
process of integration, in particular in that of their families and
children, but are also exposed to a greater risk of social exclusion,
discrimination and even violence; they must therefore be a priority
target group for integration policies.

Accordingly, women must benefit systematically from all programmes
designed to welcome migrants but also, according to their needs, from
specific measures to promote their autonomy in society, their training
and/or employment opportunities, knowledge of their rights in European
societies ā€“ and in particular the general principle of equality
between men and women ā€“, and their participation in public life.

If these policies are to be effective, all immigrants must be made aware
of them.

As regards policies for the promotion of women's rights, the
discrimination and violence to which immigrant women may be subject run
deeply counter to the values of the European Union and call for
particular vigilance and specific measures. Situations such as polygamy,
sexual mutilation, forced marriages and repudiation must be fought
against and must be fought against through preventive and sanction
actions.

In addition the education of immigrant children must be a priority from
their arrival in the host country, through the development of
educational measures adapted to their needs, as highlighted by the
European Commission in the Green Paper "Migration and mobility: issues
and opportunities for European educational systems" of 9 July 2008.
Particular attention must be given to language support in order to make
appropriate language learning possible and prevent the dangers of
failure at school and inappropriate guidance.

5.	Intercultural dialogue at the service of integration

Member States have decided to introduce the measures presented in the
report drafted by Germany in accordance with the conclusions of the
Council and of the Representatives of the Governments of the Member
States on 12 and 13Ā JuneĀ 2007.

That report recommends first of all that a regular procedure be set up
for exchanges of experience and best practices in intercultural
dialogue, the importance of which on a more general level has been
generally demonstrated in 2008, the European Year of Intercultural
Dialogue.

This procedure will mainly be based on existing structures, in
particular the network of National Contact Points on Integration which
will devote a special meeting each year to intercultural dialogue.

In addition, special sub-meetings, bringing together interested Member
States, will be organised regularly on specific themes, on the
initiative of volunteer Member States which will also be responsible for
reporting on them to the National Contact Points on Integration.

Moreover, to meet the request for a flexible procedure that makes it
possible to react, on a voluntary basis, to intercultural challenges
which could have a transnational dimension within the European Union, it
is proposed that in such cases National Contact Points on Integration
act as "first call contact points". Each contact point will inform
Member States through this channel of any problems or concerns occurring
in its country which could have repercussions in other Member States,
indicate the measures taken and specify the name of the relevant
authority. The contact points will thus, whenever needed, make possible
effective communication between the relevant authorities in the
different Member States concerned.

The aforementioned special meetings will also provide an appropriate
framework for the prevention of intercultural challenges and responses
to them in a long-term perspective by analysing and evaluating the
situations that have occurred.

6.	Integration policy governance

With due regard for the competences and internal organisation of each
Member State, integration policy governance requires the development of
organisations and tools for dialogue and for exchanges of best
practices, at both European level and within each Member State. In this
perspective, it should be borne in mind that the network of National
Contact Points on Integration plays an essential role. Within the
framework of this network, works in sub-groups could be initiated by
especially interested Member States, to hold discussions on particular
topics connected with integration.

Further to the communication on the Common Agenda for Integration, the
Commission has set up a website on integration which will act as a
common platform for exchange on integration and has planned a European
Integration Forum so that civil society players, in particular
associations, can contribute to the enrichment of integration policies.

Integration policies should also be underpinned, in each Member State,
by an overall strategy encompassing the various public policies
involved.

Integration policies must also aim to provide a more satisfactory link
between the level of policy design and evaluation and the sub-State
level of local authorities, such as towns, which play an essential role
in building the local community ties that make better involvement of
migrants in local life possible.

Lastly, evaluation of integration policies must be a priority at
European level. It must be the subject of regular exchanges on both
method and results and lead to the identification of indicators. The
Commission is invited to make any appropriate proposal on the matter,
also in conjunction with the follow-up measures for the European Pact on
Immigration and Asylum.

7.	Commitments made and follow-up to the Vichy ministerial conference

(a)	On the basis of the principles stated in this declaration, the
Member States of the European Union, with due regard for their specific
characteristics and competences and taking into particular consideration
the lessons, in terms of benefits and shortcomings, learnt from action
to date, agree to promote the following measures, with a view to the
next ministerial conference:

information to newly arrived immigrants, in accordance with arrangements
to be defined by each Member State, concerning the European Union's
values, taking the European Union Charter of Fundamental Rights as
reference, as well as each Member Stateā€™s own values;

publicisation of the European Commission's website on integration;

support, in accordance with the Member States' own rules, of the main
steps and dimensions of the integration process of migrants they take
in, paying particular attention to actions to be conducted in favour of
young migrants;

the further promotion and enhancement of the roles and tasks of
associations, in particular migrant associations, and civil society, as
well as migrants themselves, in the migrant integration process;

the development of tools to facilitate migrants' access to employment,
in accordance with each Member State's rules in that field;

the introduction or development of mechanisms to encourage due
consideration for diversity at work and combat discrimination;

enhanced information, prevention and, if necessary, law enforcement
measures concerning acts of discrimination or violence which could be
committed against immigrant women.

support for Germany's initiative to organise a conference on
integration policy evaluation and formal identification of indicators in
2009.

Existing Community funds, and in particular the European Fund for
Integration, will be drawn upon to finance these measures, in accordance
with their operating rules.

(b)	The National Contact Points, with the support of the European
Commission, are for their part invited to give priority to the following
tasks:

the development of an information material featuring content on European
values which is common to the Member States, for use during the
immigrant introductory phase under practical arrangements to be defined
by each Member State;

the development of European modules which, in the light of experience
acquired at national level and following the drafting of the Handbook on
Integration conceived by the Commission, can be used as a reference for
induction and language sessions, involvement of the host society,
participation of immigrants in local life and various other aspects of
the integration process;

the continuation of work on the general public's perception of migrants
and legal immigration;

the identification of relevant reference indicators which could be used
for the evaluation of the results of integration policies.

(c)	The Commission is invited to draw up a report on the implementation
of these measures and the progress made by the network of National
Contact Points with a view to the next ministerial conference on
integration, to be organised by Spain in 2010.

________________

ANNEX

Intercultural Dialogue as an Instrument to Foster Integration

Report to the Ministerial Conference on Integration 

3/4 November 2008, Vichy

I. The tasks assigned in Council conclusion 10 dated 12/13 June 2007

At the meeting of EU Integration Ministers in Potsdam on 10 and 11 May
2007 during Germanyā€™s EU Presidency it became clear that throughout
Europe Member States are faced with similar intercultural challenges.
Migration flows have significantly increased population diversity and in
more and more Member States, people of different origin, culture and
religion live closely together. 

Often, a peaceful and cohesive coexistence works out well. Sometimes
however, this increased diversity creates intercultural challenges and
poses difficulties for social cohesion. In some cases, a growing social
and emotional isolation of immigrants and their descendants can be noted
which tends to evoke segregation or even the development of so-called
parallel societies. In this context, intercultural dialogue (ICD) has
become an important tool to achieve the peaceful coexistence of people
of different origins and more cohesive societies in Europe. 

As the questions we need to respond to and the difficulties to face are
similar in many countries throughout Europe and challenges arising in
one Member State could easily and quickly affect others, it is
indispensable to share our ideas on intercultural dialogue as an
instrument to foster integration among the Member States and to start
learning from our neighboursā€™ experiences.

Following the consultations of the EU Integration Ministers, the Justice
and Home Affairs (JHA) Council therefore underlined the conclusions of
Potsdam and decided on 12 and 13 June 2007 to intensify cooperation in
the field of intercultural dialogue as an instrument to foster
integration. The Council furthermore agreed that experts should
regularly share their experience in the future taking account of
developments in the context of the 2008 European Year of Intercultural
Dialogue. 

In fact, two tasks derive from conclusion 10 of the conclusions adopted
at the Justice and Home Affairs Council of 12/13 June 2007:

1.	To begin a regular exchange among Member States on their experience
in the field of intercultural dialogue as an instrument for fostering
the successful integration of citizens of different origin, culture and
religion in Europe;

To prepare, in consultation with the NCPI, a report to the ministers
including proposals for the establishment of a flexible procedure
capable of reacting to intercultural problems or conflicts with a
potential cross-border dimension.	

During the JHA Council meeting in June 2007 Germany declared that it
would be willing to host two preliminary expert meetings before the
Ministerial Conference on Integration during the French Presidency in
November 2008. These meetings were held on 3/4 December 2007 in
Nuremberg and on 24/25 April 2008 in Berlin. Furthermore, Germany
circulated a questionnaire via the National Contact Points on
Integration in order to provide an overview of the national approaches
to intercultural dialogue as a means to foster integration as a basis
for organizing further cooperation and exchange among the Member States.

II. Main results of the questionnaire on intercultural dialogue as an
instrument to foster integration in the Member States 

In January 2008, Germany circulated a questionnaire to the Member States
in order to gather information on how national governments across Europe
address ICD as an instrument to foster integration, be it as part of an
integrated policy approach or in different sector-specific policy
fields. This questionnaire on the national approaches brought the
following main results: 

Intercultural dialogue is not a specific legal category that is
regulated by international, European or national law in the strict
sense. Nor have Member States adopted a uniform approach to the use of
intercultural dialogue. 

However, the vast majority of the Member States that replied to the
questionnaire acknowledges intercultural dialogue as a means to achieve
integration of citizens of different origin, culture and religion and as
an instrument to achieve a more cohesive society. Some Member States, as
for example Germany with its German Conference on Islam and the National
Integration Plan based on intercultural dialogue, have established
intercultural dialogue platforms at national level.

At national level, different and often several ministries and public
authorities are involved. Actions taken in the field of intercultural
dialogue are various; projects in the context of intercultural dialogue
as an instrument to foster integration often deal with items such as
common related values, the creation of a common identity, the promotion
of civic participation through the acquisition of the main national
language etc. 

Intercultural challenges can occur both locally and nationally and thus
need to be addressed at both levels using appropriate dialogue
platforms.

However, local authorities often have primary responsibility for dealing
with the intercultural challenges. On the local level, many local
councils have passed agreements on integration, which also deal with
intercultural dialogue. However, local stakeholders sometimes do not
have sufficient experience, expertise or resources to settle the
intercultural challenge quickly without further support and to ensure
the prevention of similar situations in the future. Therefore, they need
support from a higher level, i.e. the national level. Such support
frameworks should be established in all Member States which recognise a
special need for it. The establishment of such national frameworks and
dialogue platforms is an ongoing process in a number of Member States.

At the same time, Member States obviously need to share their experience
on how they establish such frameworks and support local
authorities/stakeholders, which platforms exist, which players are
involved, which strategies to prevent intercultural challenges are used
etc. In this respect, the task assigned by the Ministers in conclusion
10 is reinforced.



III. Recommendations for a regular exchange on ICD as an instrument to
foster integration among the Member States and for a flexible procedure
capable of reacting to intercultural problems or conflicts with a
potential cross-border dimension

1. Regular exchange of experience among the Member States 

As regards the first task assigned by the JHA Council in conclusion 10
dated 12/13 June 2007, the Member States agreed that the regular
exchange of experience should basically build on existing structures. An
existing structure that can be used is the network of the National
Contact Points on Integration (NCPIs). 

Therefore, the Member States also agreed that, in future, one NCPI
meeting per year should be fully dedicated to intercultural dialogue and
that, in between these NCPI meetings, at least two further (sub)meetings
should take place with all interested Member States to discuss related
issues. 

These ā€œsub-meetingsā€ will take place under the lead of individual
Member States which organize and host these meetings, propose an agenda,
write the minutes and prepare reports for the NCPIs. Participating
Member States will be responsible for their own travel and accommodation
expenses. The Commission will keep the calendar of meetings via the
NCPIs.

For the time being, due mostly to time constraints, the financing
available under the European Integration Fund will not be used to
support this exercise but in the future this option could be further
explored.

As these sub-meetings represent a form of intergovernmental cooperation,
Member States can focus on integration matters in a broader sense. In
this context, Member States are aware that it is important to avoid
overlaps with projects of other (EU-) bodies/institutions and thus
duplication of efforts.



An initial evaluation of this structure for the exchange of experience
should be carried out after one year following the informal meeting of
integration ministers under the French presidency. This evaluation
should in particular outline the conclusions drawn by participating
Member States from the exchange of experience and what kind of measures
originated in the exchange they initiated.

2. Flexible procedure capable of reacting to intercultural problems or
conflicts of Member States with a potential cross-border dimension

Member States are of the opinion that it will be useful to establish
what might be called ā€œfirst call- contact pointsā€ in the Member
States as part of the procedure to be set up. Having these first call
points will help avoid questions of competence in the case of
intercultural challenges with potential implications for other Member
States, which might be difficult to resolve for someone (from another
Member State) who does not always know the right addressee in the Member
State concerned. The NCPIs should act as these ā€œfirst call- contact
pointsā€, passing the information on to the competent bodies in the
Member States, as appropriate. 

If an intercultural challenge with potential implications for other
Member States occurs, the NCPI in the Member States concerned will
analyse the situation and decide whether to circulate information to
other Member States via the NCPI network together with any actions
taken, highlighting the government department taking the lead in the
Member State concerned. Receiving NCPIs will also analyse the
information provided and decide whether to forward it within their
Member States to senior officials or ministers.

Furthermore, the ā€œsub- meetingsā€ mentioned ad 1. will be assigned an
additional task and should form the procedural framework to prevent and,
if need be, to respond to intercultural challenges in a long-term
perspective. The ā€œsub-groupā€ will consider at greater length the
implications of the event and devise strategies for preventing or
dealing with similar incidents in the future (best-practice guidance). 



Thus, a major added value of this kind of ā€œfirst-response networkā€
formed by the NCPIs and the subgroups will consist in providing quick
links to the competent authorities in the Member States concerned and
-in a long-term perspective- good practice guidance, both in order to
support Member States in dealing with intercultural challenges and to
facilitate, if necessary and desired, a common reaction of several
Member States.

As a matter of fact, the process of sharing experience as well as the
flexible procedure of responding to transnational intercultural
challenges with potential implications for other EU Member States are
conducted by each Member State on a voluntary basis.

________________

 14391/08 MIGR 89 SOC 605.

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