CYPRUS - European Commission · 1.1 Structure of Asylum and Migration policy It is common knowledge that Cyprus in recent years and especially after its accession to the EU became

CYPRUS

ANNUAL POLICY REPORT 2012

PREPARED BY: CY EMN NCP

The Cyprus Contact Point of the European Migration Network (EMN)

is financially supported by the European Union and the Cyprus

Ministry of Interior.

ANNUAL REPORT 2012 ON MIGRATION AND ASYLUM POLICY IN CYPRUS

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TABLE OF CONTENTS Executive Summary……………………………………………………………………………………………………….. 2 1 INTRODUCTION…………………………………………………………………………………………………………… 5 1.1 Structure of Asylum and Migration Policy………………………………………………………………… 5 2 OVERVIEW OF ASYLUM AND MIGRATION POLICY DEVELOPMENTS…………………………….. 6 2.1 Political Developments…………………………………………………………………………………………….. 6 2.2 Overall Developments in Asylum and Migration ……………………………………………………… 7 2.2.1 Summarising report on results in the area of asylum, immigration and integration during the 18-month Programme of the Polish-Danish-Cypriot Presidencies………………….

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2.2.2 Legislative Developments-Migration ……………………………………………………………………. 13 2.2.3 Legislative Developments-Asylum…………………………………………………………………………. 13 2.2.4 Legislative Developments-Trafficking …………………………………………………………………… 14 3 LEGAL MIGRATION AND MOBILITY……………………………………………………………………………… 14 3.1 Economic migration…………………………………………………………………………………………………. 14 3.2 Family reunification…………………………………………………………………………………………………. 14 3.3 Students and researchers…………………………………………………………………………………………. 15 3.4 Other Legal Migration………………………………………………………………………………………………. 15 3.5 Integration……………………………………………………………………………………………………………..… 15 3.6 Citizenship and Naturalization………………………………………………………………………………….. 16 3.7 Managing Migration and Mobility……………………………………………………………………………. 17 3.7.1 Visa Policy……………………………………………………………………………………………………………… 17 3.7.2 Schengen Governance…………………………………………………………………………………………… 17 3.7.3 Border Monitoring………………………………………………………………………………………………… 17 3.7.4 Frontex………………………………………………………………………………………………………………….. 17 4 IRREGULAR MIGRATION AND RETURN………………………………………………………………………… 17 4.1 Irregular Migration…………………………………………………………………………………………………… 17 4.2 Return……………………………………………………………………………………………………………………… 18 4.2.1 Cooperation Agreement between the Government of the Republic of Cyprus and the International Organization for Migration………………………………………………………………….

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4.2.2 Developments within the national perspective……………………………………………………… 19 4.2.3 Developments from the EU perspective……………………………………………………………….. 19 5. INTERNATIONAL PROTECTION INCLUDING ASYLUM…………………………………………………… 19 5.1 Common European Asylum System………………………………………………………………………….. 19 5.2 European Asylum Support Office……………………………………………………………………………… 20 5.3 Intra-EU Solidarity including relocation……………………………………………………………………. 20 5.4 Cooperation with Third Countries including Resettlement……………………………………….. 20 6. UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS………………………………… 20 6.1 Unaccompanied Minors…………………………………………………………………………………………… 20 6.2 Other Vulnerable Groups…………………………………………………………………………………………. 21 7. ACTIONS AGAINST TRAFFICKING IN HUMAN BEINGS…………………………………………………. 21 8. MIGRATION AND DEVELOPMENT POLICY…………………………………………………………………… 24 9. IMPLEMENTATION OF EU LEGISLATION……………………………………………………………………… 24 9.1 Transposition of EU Legislation 2012………………………………………………………………………… 24 9.2 Experiences, debates in the (non-) implementation of EU legislation………………………. 25 ANNEX A Methodology and Definitions…………………………………………………………………………. 25 ANNEX B National Statistics……………………………………………………………………………………………. 26 ANNEX C Bibliography/References/Sources…………………………………………………………………… 28


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Executive Summary The Ministry of the Interior is the coordinator of the Cyprus EMN National Contact Point. The CY EMN NCP is composed of the Asylum Service and the Civil Registry and Migration Department of the Ministry of the Interior, and also of the Aliens and Immigration Service of the Police. This report provides an overview of the most important changes regarding legislative, institutional and practical aspects in the area of migration and asylum and it covers the reference period from 1 January 2012 to 31 December 2012. Legislative Developments The Legislative Developments in the area of migration and asylum included the transposition of the EU Directive 2009/52/EC of June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals in the Aliens and Immigration Law, while the implementation of the national action plan on integration of immigrants was completed. Additionally, the amendment of the Cyprus Refugee Law was promoted and also the amending law against trafficking in human beings came into force. In the area of trafficking in human beings, a number of important actions were taken, which are detailed analyzed in the Report. Due to the general economic situation in Cyprus, a rise in unemployment rates was observed and although the Blue Card Directive (2009/50/EC) was transposed into national legislation, the volumes of admission of highly qualified workers were set to zero. Cyprus Presidency of the European Union The Republic of Cyprus undertook the responsibility of the Presidency of the Council of the European Union in a period of instability in North Africa and the Middle East, with the situation in Syria deteriorating. This brought to the surface significant challenges in the area of Justice and Home Affairs. The completion of the strategic goals of the European Union in the areas of justice, freedom and security, as well as the full and timely implementation of the Stockholm Programme, was vital. During the CY Presidency, significant and substantial progress was achieved, with regards to the creation of a Common European Asylum System (CEAS), which was one of the Presidency’s main priorities.

Common European Asylum System

As already mentioned above, during the Cyprus Presidency of the Council of the European Union (second semester of 2012), significant progress was achieved, towards the creation of a Common European Asylum System (CEAS), which was one of the Presidency’s main priorities. More specifically, a political agreement was reached with regards to the Reception Conditions Directive and the Dublin Regulation. Furthermore, significant progress was


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achieved, with regards to the negotiations of the Procedures Directive, where the CY Presidency came very close to an agreement with the European Parliament. Finally, an agreement with the Council was reached, with regards to EURODAC, for which a dialogue with the European Parliament was launched. Other developments in the area of asylum In 2012, there were no major changes influencing migration and asylum policies in Cyprus. As in 2011 and due to the deteriorating situation in Syria no forced returns of Syrian nationals took place in 2012. Also, no forced returns of Palestinians from Gaza took place during the reporting period. Although, an increase has been observed in asylum applications submitted by Syrian nationals, regarding first submitted and subsequent applications, the total numbers remained relatively low and did not impose a particular pressure on the reception system. However, in case of a mass influx of Syrian asylum seekers and given the available resources (both human and material), Cyprus would not be in a position to respond sufficiently to the needs of those persons, especially in terms of providing appropriate material reception conditions. For this reason, a letter was forwarded to the EASO and the Commission requesting support in multiple levels, for the case of such a scenario. European Asylum Support Office (EASO) During 2012, the Asylum Service of the Ministry of the Interior, agreed to the deployment of a number of officers, as experts for training purposes, for the drafting of new modules (e.g. “Common European Asylum System”) and for the updating of current modules (e.g. “International Refugee Law and Human Rights”). Furthermore, in the framework of the Operation Plan in Greece, the Asylum Service provided a number of experts who played a significant role in the establishment of asylum procedures and institutions, as well as in the capacity building with regards to reception. Solidarity Funds In the framework of the European Refugee Fund, a number of projects were implemented in 2012 (under the 2010 ERF annual programme). The focal point of the Fund’s activities was the provision of services for the accommodation of asylum seekers. The actions implemented during 2012 comprised of the Provision of accommodation and other related services (including social support) in accommodation units in main cities (Larnaca and Paphos), provision of support services (administrative worker, social worker and psychologist) at existing reception centre in Kofinou, use of services of 10 caseworkers in the Refugee Reviewing Authority, in order to examine asylum applications outstanding from previous years, provision of basic Greek language programmes for asylum seekers, as well as provision of Greek language programmes for beneficiaries of international protection.


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As regards the External Borders Fund two actions were concluded in the year 2012 which were co-financed under the 2010 EBF annual programme. More specifically action 1 “Purchase of two medium size twin engine, utility helicopters”, a multi-annual project co-financed under the 2007, 2008, 2009 and 2010 annual programmes, was completed with the delivery of the two helicopters. This action is of high importance to the Republic since it has significantly increased the operational capability of the Cyprus Police. In addition, action 2 “Building modifications and installation of modern security technologies at Cypriot Consulates” was concluded at four Consular Posts of the Republic in third countries. The implementation of action 2 has led to better and more secure work conditions for the consular officers and upgraded the security of the Consulates dealing with the examination of applications and the issuance of visas enhancing the security of the issuing procedure. This action has contributed significantly into facing the shortcomings in the security of the buildings and in the visa process identified in the Multiannual Programme. “ Under the Return Fund in 2012, a Guide was developed aiming at providing information for voluntary return to persons from India, Pakistan and Philippines. An organized flight for forced return also took place, as well as the Fund co-funded a significant number of individual forced returns. As regards the Integration Fund actions in 2012, local authorities had an important role to demonstrate by implementing programmes both general as well as targeted for specific nationalities e.g. Chinese. These activities included also child care for the afternoon hours. Other actions included Greek language programmes, a documentary production and other multicultural events. Other Developments Cyprus Police participated in the operational activities of Focal Point Air organized by the Frontex Agency and also launched an initiative relating to a joint Police Operation under the code “Aphrodite”, inviting all Member States and Schengen Associated Countries to participate in the Operation. In the area of Return, the Ombudswoman was assigned the institutionalization and operation of an effective forced-return monitoring system. Finally, another important development which took place in 2012 was the signing of Cooperation Agreement between the Government of the Republic of Cyprus and the International Organization for Migration (IOM).


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1. INTRODUCTION This report aims at describing the main political developments on asylum and migration in the year 2012. It has been produced mainly in collaboration with the Civil Registry and Migration Department, the Asylum Service (Ministry of Interior), the Ministry of Foreign Affairs, the Ministry of Labour and Social Insurance and the Aliens and Immigration Service, of the Cyprus Police. 1.1 Structure of Asylum and Migration policy It is common knowledge that Cyprus in recent years and especially after its accession to the EU became from a country of origin to a destination country. The increasing number of immigrants, legal and irregular, has created an urgent need for action and adoption of a comprehensive immigration policy in order to meet the growing challenges and opportunities posed by immigration in our country. The three main flows of irregular migration to Cyprus come from Asia, Eastern Europe and the Middle East. These flows concern economic migrants, most of whom are unskilled. Irregular immigrants come from various parts of the world. Almost all irregular immigrants reach the areas of the Republic of Cyprus under the effective control of the Government, by initially entering illegally through the occupied territory of Cyprus, and then crossing the Green Line. The major employment sectors of alien workers are (1) housekeeping, (2) agriculture, (3) animal farming and (4) tourism sector. Most of the alien workers are employed in the house keeping sector which is the reason why there are more women migrants than men. The legal basis of migration in Cyprus consists of the following:

The Constitution and the EU Aquis Communitaire,

The Aliens & Immigration Law,

The Aliens & Immigration Regulations,

The Decisions of the Council of Ministers,

The Decisions of the Ministerial Committee for the Employment of Third Country Nationals, and

The Decisions of the Minister of Interior The current Aliens and Immigration Law, derives from art. 32 of the Cyprus Constitution and it followed the independence of the Republic in 1960. In 1972, Regulations were issued for the better interpretation and implementation of the Law. Major policy decisions are taken from the Council of Ministers, which exercises executive power together with the President. One of the most important decisions of the Council of Ministers was the establishment of the Ministerial Committee for the Employment of 3rd Country Nationals and the delegation to this Committee to decide on migration issues and refer back to the Council for matters of major importance. All decisions of the Council of Ministers are binding and must be in accordance to the Legislation.


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The Committee for the employment of third-country nationals is chaired by the Minister of the Interior. The Minister of Labour and Social Insurance, the Minister of Justice and Public Order and the Minister of Trade, Industry and Tourism participate as members. Other Ministers and the Attorney General are invited to the meetings of the Committee when necessary. The Committee is responsible for policy making on the employment of aliens and for evaluating, reviewing and reforming policies which are in force. According to the Aliens and Immigration Law, the Minister of Interior is the Chief Immigration Officer, meaning that he is in the highest rank. The decisions of the Minister concerning policy issues must always be in line with the relevant legislation, while certain competencies have been delegated by the Minister to the Director of the Civil Registry and Migration Department. The role of the coordinator for the immigration policy in Cyprus belongs to the Ministry of Interior. The Civil Registry and Migration Department (CRMD), under the Ministry of Interior, is responsible for the implementation of this policy. To this end CRMD is responsible for the issuance of temporary Residence Permits for Third Country Nationals, Registration Certificates for EU Citizens and also for the examination of applications for naturalization-nationalization. The Asylum Service is the competent authority to examine asylum applications at first instance. In case an asylum claim is rejected by the Asylum Service, the applicant has the right to appeal against this decision, before the Independent Refugee Reviewing Authority (RRA). The decisions are based on the Refugee Laws (2000-2009) and the Regulations of 2005 establishing reception conditions for Asylum Seekers. Interviews at first level are conducted by administrative officers, who forward their reports/suggestions to the Director of the Asylum Service who takes the final decision. Examination of appeals is again conducted by administrative officers of the Refugee Reviewing Authority who forward their reports to the President of the RRA. The President takes the final decision with regards to the appeal submitted against the decision of the Asylum Service. 2. OVERVIEW OF ASYLUM AND MIGRATION POLICY DEVELOPMENTS 2.1 Political developments The year 2012 in Cyprus, was characterized by the pro-longed pre-election campaign for the February 2013 presidential elections. The economic crisis that the country has been facing had contributed towards this. Apart from the economic crisis that prevailed most of the discussions during the campaign, the handling of the energy issue was a top subject during the discussions among political opponents. Migration policy and asylum remained issues of interest for political debate, most often linked to the economic crisis, e.g. the amount of subsistence allowances provided to asylum seekers. During the second half of 2012, Cyprus exercised the presidency of European Council. Three months before, in March 2012, the Minister of Interior Mr Sylikiotis was changing portfolio and taking over the Ministry of Commerce, Industry and Tourism and Mrs Eleni Mavrou (former Mayor of Nicosia) was taking over as the new Minister of Interior. As the completion


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of the Common European Asylum System (CEAS) by the end of 2012, in accordance with the Stockholm Programme and the decisions of the European Council was a priority for the Cyprus Presidency, the new Minister had dedicated most of her efforts in continuing the Ministry’s preparation towards this direction and worked intensely for the completion of this task during the Presidency. 2.2 Overall developments in asylum and migration 2.2.1 Summarising report on results in the area of asylum, immigration and integration during the 18-month Programme of the Polish-Danish-Cypriot Presidencies The Polish-Danish-Cypriot trio held the EU-Presidency in the period from 1 July 2011 to 31 December 2012. In order to prepare and guide the work of the trio in the area of asylum, immigration, integration and borders, the relevant ministries in the three Member States decided to set up a formalized trio cooperation and coordination. The analysis that follows, describes the set-up and working methods of the trio cooperation and the results achieved during the 18-month Presidency period. The trio-cooperation practicalities The trio-cooperation between Poland, Denmark and Cyprus was set up in the autumn of 2010. The group consisted of the Ministry of Interior of Poland, the Ministry of Refugee, Immigration and Integration Affairs of Denmark (later The Ministry of Justice following governmental reorganization) and the Ministry of Interior of Cyprus, The group met regularly before and during the trio-period at specifically scheduled meetings in Warsaw, Copenhagen and Nicosia and also at meetings in the margin of SCIFA and Council meetings. Videoconferences were also held. The group met at senior official level and on some occasions meetings at ministerial level were also held. The group was tasked to provide input in the JHA-area to the overall trio-programme. To this end the group established an overview of possible dossiers to be addressed during the trio-period based on priorities from the Stockholm Programme and a consolidated list of key priorities for each of the three Presidencies. The priorities were fed in to the overall trio-programme as well as to the national Presidency programmes. The group coordinated written drafting procedures of non-papers, position papers and vis-à-vis specific proposals. The group also coordinated the scheduling of high-level or ministerial meetings and conferences on relevant topics throughout the trio-period. Finally, the trio provided political and practical support during the trio-period to each of the Presidencies during their term in office.


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Programme and results in the area of Justice and Home Affairs The overall key priority in the area of Justice and Home Affairs during the Polish-Danish-Cyprus Presidency was the further implementation of the Stockholm Programme

Legal immigration The Trio Presidency aimed at developing a common immigration policy capable of responding to future demographic challenges and the needs of the labour markets of individual Member States as well as contributing to the achievement of the objectives of the EU 2020 Strategy.

Main outputs

Finalisation of pending legal acts for the purpose of implementing the Policy Plan on Legal Migration.

o ICT: Initiated informal trilogues with the European Parliament o Seasonal workers Directive: Text finalized at Council level (JHA Counsellors) and

informal trilogues with the European Parliament started on 17 December 20121. o Single permit: adopted in December 2011

Integration of third country nationals

The trio aimed at further development of the EU's integration agenda, in keeping with the objectives set out in the Stockholm Programme, which provided support for Member States' integration policies aimed at maximizing the benefits of immigration and promoting social cohesion.

Main outputs

Conclusions of the Council and the Representatives of the Governments of the Member States on the European Agenda for the Integration of Third-Country Nationals (doc. 18296/11) were adopted in December 2011 as guidance for further policy debates and actions.

Further promotion of the development of a coordination mechanism and core indicators as tools both to measure the effects of integration efforts at the national level and to develop best practices.

Challenges were addressed in relation to social cohesion, democratic values, equal rights and participation with further exploration of links between general integration efforts and the prevention of radicalization and extremism. A conference was held on 8-9 May 2012 in Copenhagen with focus on incentives to encourage young people to leave violent extremist movements.

Three further conferences on integration have taken place under the Trio presidencies;

o Common Integration Policy: preventing exclusion of immigrants in the EU was the subject of the Conference on integration in Poland (Lublin, Oct.2011)


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o Progress in the design of Integration Modules. At the Vejle Conference in Denmark on integration on 18 April 2012 the further development of integration modules was promoted

o Expert Conference on Integration of Immigrants on 20 November 2012 in Nicosia, Cyprus focusing on the role of local and regional authorities in shaping and implementing the integration policies

Borders and Visa

The Trio Presidency continued to take forward work on the integrated management system for the external borders in order to better manage migration, including through the further development of the common visa policy. Main outputs

Finalised the FRONTEX Amendment Regulation (approved by the JHA Council on 10 October 2011), to promote improved effectiveness of existing border control instruments.

Launching regular political debates on Schengen governance and adopting the Council Conclusions regarding guidelines for the strengthening of political governance in the Schengen cooperation

Agreement between Parliament and Council has been reached on 19th December on necessary technical amendments to the Schengen Borders Code (Reg. 562/2006).

General approach in the JHA Council on 7-8 June 2012 regarding the Schengen Governance dossiers (Proposals for a Schengen evaluation mechanism and for the Schengen Borders Code including the temporary reintroduction of internal borders control). Progress in negotiations with the Parliament.

Promoting the enlargement of the Schengen zone – regular discussions at Council level. The decision on full application of Schengen acquis to Liechtenstein adopted and implemented in December 2011. The compromise decision on two-stage lifting control on internal borders with Romania and Bulgaria elaborated and approved by vast majority of Member States, but not taken due to lack of unanimity. The adoption of decision has been suspended until spring 2013.

Debates on a smart borders concept conducted in the Council in 2011 and a conference on Innovative Borders (smart borders and entry-exit systems) was held in Copenhagen on 3-4 February 2012 as a preparatory initiative before the expected proposals for legislative acts underpinning the development of an entry / exit system and Registered Traveller Programme.

Informal trilogues with the European-Parliament for the Regulation for the establishment of the European Border Surveillance System (EUROSUR). – (a pilot system is running).


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Setting up the operation of the IT Agency – the Agency was establishing by Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011.

The common visa policy was further developed by taking forward the visa liberalisation dialogues with relevant third countries which meet the relevant conditions:

o Russia: Common Steps for visa liberalization were adopted in December 2011 and first exchange of reports on implementation of Common Steps has been conducted.

o Georgia: The visa liberalisation dialogue was launched on 4 June 2012, works on the Visa Liberalisation Action Plan started in December 2012 in COEST.

o Moldova: Fulfillment of the first phase of the Visa Liberalisation Action Plan.

o Ukraine: Ongoing implementation of Visa Liberalisation Action Plans.

o Turkey: Council Conclusions on the establishment of a broader dialogue and cooperation framework in the JHA-area and a Road map towards visa-free regime with Turkey in parallel with the signing of a readmission agreement between EU and Turkey.

o Kosovo: works on the Roadmap,

Concluding visa facilitation agreements where appropriate:

o Moldova: Revised agreement was signed in June 2012, waiting for EP approval.

o Ukraine: Amended agreement was signed in July 2012, waiting for EP approval.

o Russia: Negotiation are still ongoing, discussions concerning visa waiver on service passports are still ongoing.

o Cape Verde – signed in October.

VIS roll – out has been launched on 11 October 2011 and is continuing. Progress in relation to the proposal on the amendment of Visa Regulation (EC) no 539/2001: a general approach on the suspension mechanism was reached by the JHA Council on 13 December 2011 and partial agreement with European-Parliament. Trilogues with the EP on the amendments to the Regulation 539/2011 have been initialized and advanced.


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Return and readmission and Fight against illegal immigration and trafficking in human beings

The Trio Presidency aimed to promote more effective action to combat illegal immigration and trafficking in human beings as a central element of the Union's common immigration policy including taking forward negotiations on readmission agreements in the context of the development of a comprehensive strategy on readmission.

Main outputs

Progress in readmission agreements with Morocco, Azerbaijan and Armenia. Agreement with Turkey was initialled but not signed yet.

Adoption of the -"EU Action on Migratory Pressures – A Strategic Response". The first biannual update was approved by the Council on the 25th of October.

Adoption of the “EU Strategy towards the Eradication of Trafficking in Human Beings 2012-2016” at the JHA Council on 25-26 October 2012-12-10

Adoption of the second implementation report on the Action-Oriented Paper on the external aspects of the fight against trafficking in human beings at the JHA Council on 6-7 December 2012

Asylum

The Trio Presidency was committed to finalising the Common European Asylum System by 2012 based on common protection standards resulting from fair and effective asylum procedures capable of preventing abuse. The three Presidencies promoted effective solidarity with the Member States facing particular pressures. Special attention was given to Member States facing such pressures, including discussions on voluntary and coordinated sharing of responsibilities between the Member States, assistance from EU-Agencies and funds and supporting capacity building. The European Asylum Support Office constitutes a key element in strengthening solidarity and practical cooperation between the Member States, as well as in the further development of the external dimension of asylum (resettlement and Regional Protection Programmes).

Main outputs Considerable progress has been made on all building blocks of the Common European Asylum System:

The Qualification Directive was adopted in December 2011.

Political agreement with the European Parliament on the Reception Conditions Directive .

Trilogues started on the Asylum Procedures Directive. Substantial progress on the negotiations with the European Parliament.

Political agreement with the European Parliament on the Dublin Regulation.

The Council reached an agreement on the Eurodac Regulation. The first trilogue with the European Parliament took place in December.

Council conclusions were adopted in March 2012 on a common framework for genuine and practical solidarity towards members facing particular pressures on their asylum systems. The framework includes an early warning and crisis management


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mechanism. An update was provided during the JHA Council in December 2012 on some of the activities that have been achieved by June 2012.

Adoption of an amendment to the Refugee Fund to enhance funding for new resettlement Countries in the EU in March 2012.

Multiannual Financial Framework in the JHA-area Main outputs

The work on all four legal acts for the Home Affairs Funds at a working party level has been concluded, and the negotiations have moved to a counselors’ level. The Council reached a partial general approach on all four MFF related Regulations in the Home Affairs area (Horizontal Regulation, Asylum and Migration Fund, Internal Security Fund –Borders, Internal Security Fund – Police) with the provisions that have budgetary implications pending to be dealt with again once an agreement on the overall MFF is reached.

External relations Main outputs

Adoption of the Council Conclusions on the Global Approach to Migration and Mobility (GAMM) in May 2012

Mobility Partnership signed with Armenia (2011)

Progress in negotiating Mobility Partnerships with Morocco and Tunisia

Jordan – launch of Dialogue on Migration, Mobility and Security between EU and Jordan

India – progress in discussing the establishment of a Common Agenda on Migration and Mobility with India

China – launch of reinforced dialogue on migration and targeted cooperation projects in the area of migration, confirmed at the EU-China Summit of 20 September 2012 in Brussels

Turkey – see above under the section on borders and visa

Syria – monitoring of the humanitarian situation and progress in relation to the establishment of a Regional Protection Programme, as confirmed in the JHA Council of 25-26 October 2012 and 6-7 December 2012

Russia – Successful adoption of the new Work Plan for the EU-Russia Dialogue on Migration 2013-2014 at the 16th Russia-EU Permanent Partnership Council on Justice, Freedom and Security, held in Nicosia on 3 October 2012

USA – Successful adoption of the new roadmap of the EU-US Platform for Cooperation on Migration and Refugee Issues

Contribution to the future of the EU-CELAC Structured and Comprehensive Dialogue on Migration: the constructive exchange of views on trafficking in human beings, smuggling of migrants and the further development and strengthening of the dialogue at the 7th EU-CELAC High Level Meeting on Migration, held on 28 November 2012 in Brussels, has paved the way for discussions at the EU-CELAC Summit, to be held on 26-27 January 2013 in Santiago de Chile


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Fostering better cooperation within the ASEM Forum: extensive exchange of views, policies and practices on highly skilled labour and student migration between Asia and Europe at the 11th ASEM Conference of DG of Immigration and Management of Migratory Flows, held on 30-31 October 2012 in Nicosia.

Significant contribution to the development of the Prague Process: adoption of the Prague Process Action Plan 2012–2016 during the 2nd Ministerial Conference of the Prague Process “Building Migration Partnerships in Action” held in Poznan on 3–4 November 2011;

Progress in the preparations for the Budapest Process Silk Routes Ministerial Conference, to be held on 19 April 2013 in Istanbul, and reflection on the future structure of the Budapest Process

The Commission’s Communication and the Council Conclusions on cooperation in the Area of Justice and Home Affairs within the Eastern Partnership

2.2.2 Legislative Developments - Migration (a) The House of Representatives has approved in April a legislation transposing the EU

directive 2009/52/EC of June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals.

(b) On 31 December 2012 the implementation of the national action plan on integration of immigrants was completed.

2.2.3 Legislative Developments – Asylum

(a) Despite the fact that no Legislative amendments were adopted or implemented during the reporting period, Cyprus was in the process of amending the Refugee Law. More specifically, the concerned authorities were working on an amendment bill with regards to the following: a) restriction of asylum seekers’ and refugees’ rights on residence and movement only to the Government controlled areas, b) determination of the responsible authority for the examination of subsequent applications, c) transfer of the representation tasks of unaccompanied minors from the Commissioner for Children’s Rights to the Social Welfare Services, d) ensure the right of beneficiaries of international protection to appeal a negative decision following an application for family reunification and e) authorize the disclosure of information for purposes of criminal investigation and prosecution. These above-mentioned amendments were pending in 2012.

(b) During the reporting period, a number of meetings were held in the House of Representatives for the amendment bill and many debates took place with regards to the representation of unaccompanied minors applying for international protection due to a dispute that occurred between the Asylum Service and the Commissioner for Children’s Rights. This led to a postponement of the examination of applications for international protection of these minor applicants. Therefore, the specific amendment in the Refugee Law was necessary in order to transfer the representation to the Social Welfare Services.

(c) Finally, Cyprus didn’t transpose any EU Legislation during the reporting period but it was in the process of transposing the new EU Directive 2011/95/EC.


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2.2.4 Legislative Developments – Trafficking

The Amending Law against Trafficking in Human Beings came into force on 9.3.2012. It provides, inter alia, the increase of the number of NGOs participating in the MCG. It also gives the right to experts and other bodies to attend MCG meetings when necessary. The four NGOs currently participating in the MCG are:

1. Organization for Protecting Victims of Sexual Abuse and Exploitation (STIGMA) 2. Mediterranean Institute of Gender Studies 3. Action for Equality Support Anti-Racism – KISA (new member) 4. Cyprus Stop Trafficking (new member)

3. LEGAL MIGRATION AND MOBILITY 3.1 Economic migration During the year under review, due to the economic crisis affecting Cyprus, the increase in unemployment and the shrinking of the employment opportunities, the policy for the employment of third country nationals has been adjusted so as to introduce restrictions in admissions for specific occupations such as nurses and care takers, bakers, unskilled workers in wholesale, petrol filling stations, etc. and reinforce the measures implemented to combat illegal employment. The implementation of the above mentioned measures resulted in a reduction of 6% (from 6.657 persons to 6.231) of the number of foreign workers, the employment of whom was approved by the Ministry of Labour and Social Insurance. The Blue Card Directive (2009/50/EC) was transposed into national legislation on 27 April 2012. Throughout the transposition procedure a number of debates took place at the House of Representativeness where several issues regarding the Directive were discussed. The issues that prevailed during these discussions mainly concerned the volumes of admission and the benefits deriving from the Directive. The volumes of admission of highly qualified workers were finally set to zero for the present time, taking into account the on-going economic crisis and the high levels of unemployment in Cyprus.

Furthermore, during 2012, a bill regarding the revision of fees necessary for submitting an application for legal migration purposes, was prepared and submitted to the House of Representatives. The purpose of the bill was to simplify the fees and abolish or reduce the fees for certain groups, such as the elderly and the people supported by the State. 3.2. Family Reunification There were no developments in this area. 3.3 Students and Researchers On 29-30 October 2012, the EMN Conference 2012 with the overall theme, ‘International Students’, was organised within the framework of the Cyprus Presidency of the Council of the EU according to the priorities of the Presidency, tying in also with the EMN’s main study for 2012.


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The Conference served to inform the development of a proposal amending the Students and Researchers (2005/71/EC) Directives. It also further raised awareness about the work of the EMN and engaged with a wider audience of policymakers and practitioners at EU and national levels, plus aimed to highlight and create synergies with the work of other EU and National institutions and agencies relevant to the theme. A number of key issues were addressed by the Conference, based on the priorities of the Cyprus Presidency and those elements of the EMN study that were deemed to be of most pressing need for policymakers. These included:

Measures to attract International Students / identifying what the most effective triggers are for student mobility to the EU, including access to information and information sources and facilitate / International Students' admission (entry and residence);

Rights and responsibilities of International Students in EU Member States (access to health and welfare benefits; family reunification);

Students’ access to the labour market, both during and on completion of study; International co-operation to facilitate mobility within the EU and with third

countries; Maximising positive impacts of International students in the EU, and minimising

negative impacts and risks 3.4 Other legal migration There were no developments in this area. 3.5 Integration On 31 December 2012 the implementation of the national action plan on integration of immigrants has been completed. The action plan was adopted in 2010 to cover the years 2010 – 2012. Within the framework of the Cyprus Presidency of the Council of the EU, the Ministry of Interior hosted on 20 November 2012 an Experts’ Conference on Integration of Immigrants at the “Filoxenia” Conference Centre located in the capital city of Nicosia. The meeting focused on the role of local and regional authorities and communities in shaping and implementing integration policies. It was attended by 100 delegates from the EU Member States, Norway and Switzerland, from EU institutions and agencies and other European networks. The conference welcomed the participation of a diverse group of delegates and speakers, consisting of representatives from EU institutions and agencies (the European Parliament, the European Commission, the Committee of the Regions, the European Economic and Social Committee, and the European Union Agency for Fundamental Rights), governmental representatives from the participating states’ competent ministries and other authorities, officials from European cities’ local authorities, representatives from regional authorities, representatives from national and European cities’ unions and networks, representatives from the civil society and Non-Governmental Organizations, academics, scholars, researchers and other experts in the field of migration and integration as well as in


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other relevant fields. Country representations consisted as a rule of both governmental and non-governmental participants. Also within the framework of the Cyprus Presidency of the Council of the EU, the Ministry of Interior hosted in Nicosia on 30-31 October this year’s 11th Asia Europe Meeting (ASEM) Conference of Directors General of Immigration and Management of Migratory Flows between Asia and Europe. The meeting was attended by 63 delegates from 30 ASEM members. Cyprus welcomed the participation of the European Commission and Observers from Asia Europe Foundation (ASEF) and the International Organization for Migration (IOM). The conference demonstrated the extent of the challenges related to managing highly skilled migration, while delegations recognized its importance in tackling skill shortages, fostering innovation and potential for job creation. It was acknowledged that migration of the highly skilled workers and student mobility are fundamental elements of economic growth and regional competitiveness, a challenge currently faced by both European and Asian countries. Special mention was made of IOM’s support. Both events above have been funded by the European integration funds of the EU. 3.6 Citizenship and Naturalisation The Civil Registry and Migration Department, in accordance with the Civil Registry Law and Appendix "D" of the Treaty of Establishment of the Republic of Cyprus, examines applications for the acquisition of Cypriot citizenship either by registration, in cases of persons of Cypriot origin and persons who are spouses or widowers of Cypriot nationals, or by naturalization in cases of foreign nationals based on their long (at least seven years prior to the submission of application) and legal stay in Cyprus. Furthermore, foreign investors can acquire the Cypriot citizenship through naturalization by exemption, based on the fulfillment of at least one of the following criteria which were determined by the relevant decision of the Council of Ministers of Cyprus dated 10/10/2011:

a) Direct investments b) entrepreneurial activities c) introduction of new innovative technologies d) bank deposits of e) combination of direct investments, entrepreneurial activities and deposits in Cypriot banks.

Cypriot citizenship may be deprived under section 113 of the aforementioned law in cases which it has been proved that it was obtained by fraud, false pretenses or concealment of crucial facts.


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3.7 Managing Migration and Mobility 3.7.1 Visa Policy There were no developments in this area. 3.7.2 Schengen Governance There were no developments in this area. 3.7.3 Border Monitoring There were no developments in this area. 3.7.4 Frontex Cyprus Police and specifically the Department of immigration Passport Control at Larnaca Airport participated in the operational activities of Focal Point Air organized by Frontex Agency. The aim of the operation “Focal Point Air” was the secondment of member state expert officers to the participating airports in order to support, assist and exchange knowledge and experience with national police officers regarding control at the air borders. Specifically, during 2012 Cyprus Police hosted at Larnaca Airport 6 expert officers from Finland, Slovakia and Germany.

Another development in the field of launching operations initiated by Frontex Agency was the operation “Akritas”, which was consisted by “mobile units” for debriefing purposes and evidence collection consisted of one expert police officer together with an interpreter from the Netherlands.

Within the same framework, and in continuation with the same operation initiated in 2011, Frontex Agency kept supporting the operation with the deployment of experts coming from other member states for the identification of false/falsified documents, the screening of migrants in order to identify their country of origin so their return would be achieved. 4. IRREGULAR MIGRATION AND RETURN 4.1 Irregular Migration During Cyprus Presidency of the European Council at the second half of 2012 the Aliens and Immigration Unit of Cyprus Police presented the proposal for a Joint Police Operation “Aphrodite” and invited all Member States and Schengen Associated Countries to participate to the Operation. The willingness for participation was massive and twenty eight MS and SAC took part in the operation together with other Agencies such as Frontex, Europol and


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Interpol. The Operation lasted for two consecutive weeks from 22 October-04 November 2012. JPO “Aphrodite” aimed at combating illegal immigration focusing on illegal border-crossing, on the secondary movements of irregular migrants who enter EU Member States illegally as well as on the routes and other information regarding smuggling of migrants. The objective of the operation was the collection of information from all participant countries relating to illegal migration such as the country of origin of illegal immigrant, main routes followed, modus operandi, means of transportation used, use of false documents, indications of smuggling etc. 4.2 Return On 4.12.2012 the Cyprus Council of Ministers approved a proposal submitted by the Ministry of Interior, according to which, the Ombudswoman was undertaking the institutionalization and operation of an effective forced-return monitoring system. Further steps included the preparation of a proposal by the Ombudswoman for the operation of a control system, to be submitted to the Council of Ministers. 4.2.1 Cooperation Agreement between the Government of the Republic of Cyprus and the International Organization for Migration The Cooperation Agreement between the Government of the Republic of Cyprus and the International Organization for Migration was signed on December 17, 2012 in Geneva by the Permanent Representative of the Republic of Cyprus in Geneva and the Deputy Director General of the International Organization for Migration. The signing of this Agreement was approved by the Cyprus Council of Ministers at its meeting held on 25.7.2012. Under the Agreement, the Agency will open an office in Cyprus, which will implement in the Republic of Cyprus migration programmes such as capacity building, advisory services, and technical cooperation on migration issues, migration and health, international migration law, migration information, counter-trafficking, migration of nationals and aliens, assistance to internally and externally displaced persons and other persons in need, return of qualified human resources, other assisted return activities and resettlement programmes. The Republic of Cyprus believes that the Cooperation Agreement signed by both parties and the establishment of the IOM office in the Republic of Cyprus will assist Cyprus greatly in managing the migratory pressures as well as addressing the emerging challenges effectively, while respecting the human rights and dignity of all migrants.


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4.2.2. Developments within the national perspective

Within the overall efforts towards the development of a return mechanism was the launching of a return flight to Pakistan which was co-financed by the national budget of the Republic of Cyprus and the Return Fund of the Solidarity Funds. The return flight took place on the 30 April 2012 to Islamabad and had as a result the repatriation of 49 Pakistan nationals, who entered or stayed illegally in Cyprus, escorted by police officers.

4.2.3. Developments from the EU perspective Apart from the activities mentioned under section 3.7.4 above regarding Frontex, experts from other E.U. member states have been seconded to Cyprus and trained Cyprus Immigration Officers on issues such as the identification of false/falsified documents and evidence collection in order to achieve the return of migrants. 5. INTERNATIONAL PROTECTION INCLUDING ASYLUM In 2012, an updated version of the Information Leaflet/Booklet which is provided to asylum seekers upon application at District Immigration Offices, police stations, detention, points of entry etc., was drafted. 5.1 Common European Asylum System

The completion of the Common European Asylum System (CEAS) by the end of 2012, in accordance with the Stockholm Programme and the decisions of the European Council was a priority for the Cyprus Presidency during the second half of 2012. As the establishment of the CEAS was reaching the deadline of 2012, it was essential to seek more convergences not only on legal issues but also in practical terms and it was of utmost importance to have cooperation within a framework of sincere and genuine solidarity.

As an honest broker Cyprus worked hard towards the establishment of the CEAS, by finding a balance between speed and quality, focusing primarily on the quality of legislation and the rights of those in need of international protection, while addressing the matter of abuses. Already former presidencies, namely Poland and Denmark, have made substantial progress in the various legislative pieces necessary. Cyprus’ role, nevertheless, remained crucial, in that despite a general agreement on the need for the Union to complete its obligation, still there were discrepancies. The Cyprus Presidency, therefore, has set its priorities in wrapping up all pending issues, both in substance; for example in the differences still present regarding the legislative texts and, in terms of formality; as is the case with the completion of the negotiations with the other institutions, in particular the European Parliament.

During the Cyprus Presidency a political agreement between the Council and the European Parliament has been achieved on the Directive on Reception Conditions and the Dublin Regulation including the ‘Comitology’ related issues. In addition, a significant progress has been achieved during the negotiations with the European Parliament on the Asylum Procedures Directive and an agreement has been reached within the Council in reference to the EURODAC Regulation.


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5.2 European Asylum Support Office During 2012, the Asylum Service of the Ministry of the Interior, agreed to the deployment of a number of officers, as experts for training purposes, for the drafting of new modules (e.g. “Common European Asylum System”) and for the updating of current modules (e.g. “International Refugee Law and Human Rights”). Additionally, an expert was deployed as a trainer on didactics, while, after an official request by the Greek Authorities, an expert was deployed as a trainer of the Staff of the newly established Greek Asylum Service, on the Module “Inclusion” (in Greek language). Furthermore, in the framework of the Operation Plan in Greece, the Asylum Service provided a number of experts who played a significant role in the establishment of asylum procedures and institutions, as well as in the capacity building with regards to reception. More specifically, Cypriot experts participated in the Asylum Support Teams (AST) concerning, “Training on Management and Leadership”, “Management Support in setting-up the new Asylum Service” and “Planning a Strategy to increase and sustain reception capacity for the prioritized categories asylum seekers Phase 2 and 3”. The Asylum Service participated actively in EASO meetings, such as Management Board Meetings and NCP meetings, contributing significantly to the development of EASO training cockpit. Finally, the Asylum Service, in the framework of the early warning and preparedness system, continued to provide relevant statistics and other information requested by EASO with regards to asylum flows and in particular with regards to asylum applications submitted by Syrian nationals. 5.3 Intra – EU Solidarity including Relocation There were no developments in this area. 5.4 Cooperation with third countries including Resettlement There were no developments in this area. 6. UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS 6.1 Unaccompanied Minors The Social Welfare Services of the Ministry of Labour and Social Insurance is the responsible authority for the care and protection of unaccompanied minors who enter the Republic of Cyprus. An unaccompanied minor is taken under the legal care of the Director of Social Welfare Services and is placed in foster or residential care. The Social Welfare Services act as the guardian of the child and so as to safeguard the best interests of the child.


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The Social Welfare Services are also responsible for initiating family tracing for unaccompanied minors. Family tracing procedures are currently initiated within a short period of time, as long as it serves the best interests of the child. With regards to the issue of the different interpretation on the representation of unaccompanied minors during the asylum procedure, a new amendment of the Refugees Law was promoted during 2012 before the House of Representatives, according to which, the Social Welfare Services instead of the Commissioner of the Rights of the Child, would be responsible for representing the unaccompanied child during the interview for the examination of the asylum application. This procedure was concluded by the House of Representatives at the end of December 2012 (it was enacted in January 2013). During 2012, approximately 20 unaccompanied minors submitted an application for international protection. Their ages vary from 14-17 years of age and their main countries of origin are Syria and the countries of the African Continent. 6.2 Other Vulnerable Groups There were no developments in this area. 7. ACTIONS AGAINST TRAFFICKING IN HUMAN BEINGS Most of the actions against trafficking that took place in 2012 were implemented within the framework of the action plan 2010-2012. A competition with a prize for the preparation of posters and a logo for the Multidisciplinary Coordinating Group against THB (MCG) for combating trafficking in human beings to be used in campaigns, in cooperation with Universities/Colleges/schools began in September 2011 and ended in May 2012. The winning logo is now the official logo of the Multidisciplinary Coordinating Group against THB. The winning posters are to be used in various official campaigns. A follow up seminar on trafficking in human beings addressed to Judges took place on the 3rd of May, 2012. The above mentioned seminar was co-organised with the Cyprus Supreme Court and the American Embassy. It emphasized on the importance of expert witness during court procedures. A similar training seminar was also delivered to the Counsels of the Republic on the 2nd of May 2012. Finally, another training seminar was delivered on the 3rd of May 2012 to the Social Welfare Officers which was concentrated on victim’s behaviour and trauma. Additionally, the Ministry of Interior and the Anti-trafficking Office of the Police, participated at the annual festival for democracy of the ASTRA radio station by providing information and material regarding THB. Following a decision of the Multidisciplinary Coordinating Group a series of inter-governmental training sessions is planned for the year 2013 for different groups of civil servants such as: labour inspectors, immigration officers, local authorities, doctors,


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psychologists, consular officers, teachers, welfare officers. These seminars will be contacted by relevant governmental and non-governmental experts. The Government of the Republic of Moldova, and IOM Mission in Moldova invited the Republic of Cyprus to a two-day Regional Workshop on International Cooperation in the field of Combating Human Trafficking organised. The workshop took place on the 24 -25 May 2012. The purposes of this Regional Workshop were to explore the obstacles to better cooperation between practitioners in transnational human trafficking cases and develop strategies to overcome those barriers and to provide a forum in which participants can interact on a bi-lateral level with their counterparts to exchange information on on-going cases. A prosecutor from the Attorney-General’s Office, and a member of the Office of Combating Trafficking in Human Beings were selected by the National Coordinator as the Cyprus delegates. Their participation was co-financed by the organisers and the Ministry of Interior. On 25 September 2012 two additional NGOs participated in the MCG Meeting, following an amendment of the legislation. These NGOs have been selected by the National Coordinator, as foreseen under the law, after a call of interest. The NGOs currently participating in the MCG are: Cyprus STOP Trafficking (new member), KISA (new member), Mediterranean Institute for Gender Studies (MIGS) and STIGMA. In addition, the Cyprus Police participates in the EMPACT Operational Action Plan for THB, which is under the umbrella of COSI. This is an on-going action and a contact person from the Cyprus Police participates in the meetings held in the premises of Europol in The Hague. Through the participation in these programs, the Cyprus Police is in contact with other Member States as well as other International Organizations, and is consequently informed on any new developments on proceedings and good practices, share knowledge and skills and strengthen the operational capacity and capabilities. Also a strong networking is being cultivated. Members of the Cyprus Police took part in training programs on THB organized by CEPOL as well as in the Regional Seminars for THB to Eastern Europe, organized by the initiative of the French Government. The Ministry of Education and Culture distributed to the teaching staff the booklet “You are not for Sale” in May 2012. Furthermore, a series of seminars have been held by the Ministry of Education and Culture for teachers. The Educational Centres of the Ministry of Education and Culture the Social Welfare Services, the Labour Services of the Ministry of Labour and Social Insurance have coordinated in order to ensure that the officers of Social Welfare Services and the Labour Services would be able to inform the victims on their right to have access to the existing programmes of teaching Greek to migrants and non-Greek speaking citizens of Cyprus. These programmes are provided free of charge and are funded by the European Social Fund. All relevant information, applications for participation etc are available at the website of the Ministry of Education and Culture in eleven languages.


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The Ministry of Education and Culture has introduced in its New Analytical Programmes issues related to THB mainly through the disciplines of Health Education, Language and History. On 4-5 December 2012 the Council of Europe in collaboration with the Bulgarian National Commission for Combating Trafficking in Human Beings organised an international expert conference entitled Making Prevention Work: Addressing the Root Causes of Human Trafficking in Europe in Sofia, Bulgaria. The aim of the conference was to share experiences and encourage debate on various aspects of prevention of trafficking in human beings, with an emphasis on a comprehensive, human rights-based approach and international partnerships. An officer from the Ministry of Interior participated. In order to improve the available statistics on THB and establish standardized forms for the collection of comparable statistical data, Cyprus along with Portugal, Austria and Bulgaria received a grant by the EU in April 2012 to establish the project “Towards a Pan-European Monitoring System of Trafficking in Human Beings”. The main objective of the project is to provide the participating countries with an efficient monitoring system (in the framework of best practices regarding the harmonization of procedures for the collection, treatment, analysis and sharing of information). This system is based on a reliable collaboration network platform (web based) for the collection and dissemination of information and knowledge on THB that allows users to define what to share between them, with minimum cost. Furthermore, in collaboration with the Netherlands and Poland, work has been initiated for implementing the project “Putting Rantsev into Practice” which is financed by the European Commission This project aims at stimulating the implementation of EU Member States’ obligations as identified in the Rantsev decision and developing and strengthening cross-border multidisciplinary (operational) cooperation. The project aims to bring together six professions, which play an important role in locating, identifying and raising the barriers against THB. Cyprus and the International Organization for Migration, signed on the 17/12/2012 in Geneva a Cooperation Agreement between them. Based on the agreement, IOM will open an Office in Cyprus in the near future which will implement projects including the issues of trafficking in human beings, returns, capacity building, etc. Cyprus during its Presidency of the EU Council promoted and achieved the adoption of the Conclusions on the new EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016 by the JHA Council on 25/10/2012. These Conclusions express the high political commitment of the Member States to work in a complimentary way with the Commission and the EU Agencies in the fight against trafficking in human beings. Furthermore, the Conclusions prove the common commitment of the Member States to act in a more coordinated way in the fields where efforts must be intensified, such as the development and enhancement of EU’s coordinating mechanisms, tackling demand, the development of effective cooperation with the countries of origin, the enhancement of victim protection and the development of ways to increase civic participation in the fight against trafficking in human beings. On the 6th Anti-Trafficking Day (18/10/2012) the Cyprus Presidency together with the European Commission, organized a Conference entitled «Working together towards the


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Eradication of Trafficking in Human Beings: The Way Forward». The focus of the Conference was to work against trafficking in human beings with a view to the future. The Conference provided a valuable opportunity for all - Member States, Commission, European Parliament, NGOs, international organizations, etc. - to exchange views on shaping future actions to strengthen cooperation, on the protection of victims, prevention and prosecution of criminals. During its Presidency of the EU Council, Cyprus has conducted a study among the MS on the “Protection of victims during criminal procedures”. The topics and findings of this study are described in document “Trafficking in Human Beings - Presentation by the Presidency of a study on protection of victims in criminal proceedings, 13660/12, Brussels, 27 September 2012”. Two working groups appointed by the MCG submitted their suggestions for the new Action Plan 2013-2015. The final drafting of the new action plan was assigned to the Ministry of Interior and an NGO member of the MCG. The new action plan should be submitted to the Council of Ministers for approval no later than the 31st of March 2031. The overall evaluation of the National Action Plan 2010-2012 took place on 14 December 2012. The new action plan 2013-2015 will take into account the relevant EU policies and instruments, such as the Commission’s Strategy and the relevant Council Conclusions. The MCG decided on 10 May 2012 that one of the main actions within the framework of NAP 2010-2012 is the upgrading of the national referral mechanism and assigned under remuneration the NGO Mediterranean Institute for Gender Studies (member of MCG) to draft a Manual of Interdepartmental Procedures for the Handling of Cases of Victims of Trafficking. This document describes the whole procedure from the moment of referral of a potential victim up to the return of the victims to their homeland. The aim of this task is to clarify the competencies of all government and non-government agencies and to identify and tackle possible gaps in the procedures. This action is on-going. 8. MIGRATION AND DEVELOPMENT POLICY See Section 2 9. IMPLEMENTATION OF EU LEGISLATION 9.1 Transposition of EU legislation 2012

(a) Directive 2009/52/EC of the European Parliament and the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals.

Transposition required by: 20 July 2011 (In respect of article 17). Status: Transposed through Law 41(I)/2012 of E.E. Annex I(I) no. 4330 of 27/4/2012.

(b) Cyprus is in the process of harmonizing the national legislation with Directive

2011/36/EU. For this purpose a technical committee has been appointed by the MCG with the participation of all relevant state authorities and NGOs for the preparation of the harmonizing bill. The task of this committee was not only to draft the bill


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transposing the new EU directive to the national legislation but also to revise the existing legislation in order to tackle possible shortcomings and include in the new legislation GRETA’s recommendations.

Upon completion of the preparation of this bill, it will be submitted to the Council of Ministers and the House of Representatives for approval.

(c) Council Directive 2009/50/EC (Blue Card Directive) of 25 May 2009 on the conditions

of entry and residence of third-country nationals for the purposes of highly qualified employment

Transposition required by: 19 June 2011 Status: Transposed on 27/4/2012 through an amendment of the Aliens and

Immigration Law [41(I)/2012, published in the Official Gazette of 27/4/2012, Annex Ι(I), No.4330]

9.2 Experiences, debates in the (non-) implementation of EU legislation As the Council of Ministers defined zero volumes of admissions of highly qualified third-country nationals because of the high unemployment rate of qualified persons, the implementation of Directive 2009/50/EC on the conditions of entry and residence of third country nationals for the purposes of highly qualified employment, has no impact on the Cypriot labour market. ANNEXES: Annex A: Methodology and Definitions A1. Methodology Initially, a coordination meeting within the National Contact Point took place in order to identify the appropriate source of information for each item in the report. Once this was finalised, the relevant governmental departments were contacted in order to provide the requested information. For most of the departments, the contact was made through the contact persons appointed in the national network of the EMN. The compilation of the information obtained was conducted by the coordinator and team member of the EMN National Contact Point. Please refer to Annex 3 for further details on the sources used for this report. A2. Terms and Definitions The terms and their definitions as given in the EMN Glossary have been used for the compilation of this report.


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Annex B: National Statistics

First residence permits, by reason

Total Family reasons

Education reasons

Remunerated activities reasons

Other reasons

First permits

12191

434

1432

7027

3298

Asylum Statistics

2012 2011 2010

cases persons cases persons cases persons

Applications 1394 1620 1611 1770 2542 2882

Decisions 1347 1639 2455 2963 2371 2785

Recognised Refugees 35 80 28 53 11 31

Humanitarian Status 9 15 15 15 8 25

Subsidiary Protection 9 10 1 1 214 370

Withdrawals 185 261 218 284 187 203

Rejections 1083 1240 2154 2559 1843 2032

Closed Files 26 33 39 51 108 124

Pending 874 1228 827 1203 1672 2390


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THE NUMBER OF THIRD COUNTRY NATIONALS

THE EMPLOYMENT OF WHΟΜ WAS APPROVED BY THE MINISTRY OF LABOUR AND SOCIAL INSURANCE, BY ECONOMIC ACTIVITY

FOR THE PERIOD 2011, 2012

* It is noted that the number of approvals presented is granted by the Department of Labour solely and this number is smaller than the total number of third country employees contributing to the Social Security Fund.

ECONOMIC ACTIVITY 2011 2012

AGRICULTURE 1514 1784

LIVESTOCK / HUNTING 893 1102

SEASONAL WORKERS 1348 821

FISHING 7 29

MINING / QUARRYING 6 -

MANUFACTURING 665 503

WATER SUPPLY / ELECTRICITY - -

CONSTRUCTION 143 188

WHOLESALE AND RETAIL TRADE/REPAIRS 279 251

HOTELS / RESTAURANTS 857 824

ARTISTS 474 219

TRANSPORT/COMMUNICATIONS/STORAGE 16 36

FINANCIAL INTERMEDIATION 6 62

REAL ESTATE / BUSINESS ACTIVITIES /ADMINISTRATIVE & SUPPORT ACTIVITIES

231 194

PUBLIC ADMINISTRATION 1 -

EDUCATION 31 21

HEALTH & SOCIAL WORK 65 68

OTHER ACTIVITIES 117 123

PRIVATE HOUSEHOLDS - -

EXTRA-TERRITORIAL ORGANIZATIONS 4 6

6657 6231


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Annex C: Bibliography / References /Sources Sources

1. Ministry of the Interior 2. Civil Registry and Migration Department of the Ministry of the Interior 3. Asylum Service of the Ministry of the Interior 4. Ministry of Foreign Affairs 5. Ministry of Labour and Social Insurance 6. Labour Office of the Ministry of Labour and Social Insurance 7. Social Welfare Services of the Ministry of Labour and Social Insurance 8. Ministry of Justice and Public Order 9. Aliens and Immigration Service of the Police, Ministry of Justice and Public Order 10. Eurostat

References

1. Cyprus Constitution 2. The Cyprus Refugee Laws (2000-2013) 3. The Refugee Regulations of 2005 laying down Reception Conditions for Asylum

Seekers 4. Council Regulation 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.

5. 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.

6. 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

7. Council Directive 2003/9/EC of 27 January 203 laying down minimum standards for the reception of asylum seekers

8. Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status

9. Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection for a uniform status for refugees or for stateless persons eligible for subsidiary protection and for the content of the protection granted (recast)

10. Council Conclusions of March 2012 on a common framework for genuine and practical solidarity towards members facing particular pressures on their asylum systems

11. Aliens and Immigration Law 12. Aliens and Immigration Regulations 13. Decisions of the Council of Ministers 14. Decisions of the Ministerial Committee for the Employment of third country nationals 15. Decisions of the Minister of the Interior


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16. EU Directive 2009/52/EC of June 2009 on minimum standards on sanctions and measures against employers of illegally staying third-country nationals

17. Council Directive 2009/50/EC (Blue Card Directive) of May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment

18. Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims and replacing Council Framework Decision 2002/629/JHA

19. Council Directive 2005/71/EC of the October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research

20. 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

21. 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

22. 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

23. Conclusions of the Council and the Representatives of the Governments of the Member States on the European Agenda for the integration of third-country nationals (doc. 18296/11)

24. Regulation (EU) No 1168/2011 of the European Parliament and of the Council of 25 October 2011 amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union

25. Regulation (EU) No 1077/2001 of the European Parliament and of the Council of 25 October 2011 setting up the operation of the IT Agency

26. 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

27. EU Action on Migratory Pressures – A Strategic Response 28. Conclusions on the EU Strategy towards the Eradication of Trafficking in Human

Beings 2012-2016 29. Council Conclusions on the Global Approach to Migration and Mobility (GAMM), May

2012 30. Work Plan for the EU-Russia Dialogue on Migration 2013-2014, 1th Russia-EU

Permanent Partnership Council on Justice, Freedom and Security, Nicosia, 03/10/2012

31. Prague Process Action Plan 2012-2016, 2nd Ministerial Conference of the Prague Process, “Building Migration Partnerships in Action”, Poznan, 3-4/11/2011

32. Commission’s Communication and Council Conclusions on cooperation in the Area of justice and Home Affairs within the Eastern Partnership

33. EMN Glossary


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Internet Sources

1. http://www.cy2012.eu 2. http://emn.intrasoft-intl.com/html/index.html 3. http://www.moi.gov.cy 4. http://www.moi.gov.cy/asylum 5. http://www.moi.gov.cy/crmd 6. http://www.mlsi.gov.cy 7. http://www.mfa.gov.cy 8. http://www.mjpo.gov.cy 9. http://www.police.gov.cy

********************

http://www.cy2012.eu/

http://emn.intrasoft-intl.com/html/index.html

http://www.moi.gov.cy/

http://www.moi.gov.cy/asylum

http://www.moi.gov.cy/crmd

http://www.mlsi.gov.cy/

http://www.mfa.gov.cy/

http://www.mjpo.gov.cy/

http://www.police.gov.cy/

Documents

CYPRUS - European Commission · 1.1 Structure of Asylum and Migration policy It is common knowledge that Cyprus in recent years and especially after its accession to the EU became