Eu Legislation

Community statistics on asylum and migration



Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers.


This regulation establishes common rules for the collection of Community statistics on migration by European Union (EU) countries. It concerns statistics relating to immigration * to and emigration * from an EU country, citizenship and country of birth of persons resident in the territories of EU countries, and administrative and judicial procedures relating to migration.

Statistics on migration, international protection, illegal immigration and returns

EU countries are required to provide Eurostat with statistics on the numbers of:

  • immigrants moving to their territories;
  • emigrants moving from their territories;
  • persons usually resident in their territories;
  • residence permits issued, including long-term residence permits;
  • natural persons having acquired national citizenship.

EU countries are also required to give the numbers of:

  • persons applying for international protection;
  • persons covered by applications under consideration by the national authorities;
  • applications rejected;
  • applications granting refugee, subsidiary protection and temporary protection statuses;
  • unaccompanied minors;
  • applications and transfers covered by the Dublin II Regulation;
  • persons selected for resettlement *.

In addition, EU countries must provide Eurostat with statistics on the numbers of non-EU country nationals who have been refused entry at their external borders and who have been found illegally present in their territories.

Furthermore, EU countries must provide statistics on the number of administrative or judicial decisions imposing an obligation to leave their territories, as well as on the number of non-EU country nationals who are returned to their countries of origin, countries of transit or other non-EU countries.

Provisions common to the different categories

The statistics are based on:

  • records of administrative and judicial actions;
  • registers relating to administrative actions and population registers;
  • censuses;
  • sample surveys.

As a rule, the statistics are disaggregated by age, sex and nationality. The Commission may adopt other disaggregations, such as the year in which the residence permit was granted for the first time (statistics on residence permits) or reason for refusal or arrest (statistics on illegal entry and immigration).

The Commission is assisted by the Statistical Programming Committee. It will submit a report to the European Parliament and to the Council on the implementation of the regulation by 20 August 2012 at the latest (and then every three years).


This regulation is in response to the conclusions of the Thessaloniki European Council of June 2003, which asked for more effective mechanisms for collecting and analysing information on migration and asylum in the EU. The Commission had previously published an action plan laying down the objectives for developing statistics in this field.

Key terms used in the act
  • Immigration: the action by which a person establishes his or her residence in the territory of another EU or non-EU country for a period of at least twelve months;
  • Emigration: the action by which a person, having previously been resident in the territory of an EU country, changes his or her country of residence for a period of at least twelve months;
  • Resettlement: the transfer of non-EU country nationals to an EU country where they are permitted to reside for the purposes of international protection.


Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 862/2007



OJ L 199 of 31.7.2007


Commission Regulation (EU) No 351/2010 of 23 April 2010 implementing Regulation (EC) No 862/2007 of the European Parliament and of the Council on Community statistics on migration and international protection as regards the definitions of the categories of the groups of country of birth, groups of country of previous usual residence, groups of country of next usual residence and groups of citizenship [Official Journal L 104 of 24.4.2010].
To ensure the comparability of statistics from EU countries and to allow the drawing up of reliable EU-wide overviews from these statistics, it is essential that all EU countries define certain categories of groups in the same manner. Consequently, this regulation establishes the categories of groups of:

  • country of birth;
  • country of previous usual residence;
  • next usual residence;
  • citizenship.

EU countries must transmit data to the Commission according to these groups, as listed in the annex to this regulation. The groups of countries and citizenship are divided into basic groups and additional groups of other non-EU countries and citizenship disaggregated by levels of development. The Commission provides lists of countries and citizenships for each basic and additional group.

Commission Regulation (EU) No 216/2010 of 15 March 2010 implementing Regulation (EC) No 862/2007 of the European Parliament and of the Council on Community statistics on migration and international protection, as regards the definitions of categories of the reasons for the residence permits [Official Journal L 66 of 16.3.2010].

To harmonise the collection of statistics by EU countries, this regulation defines in its annex the categories of reasons for issuing residence permits to non-EU country nationals. The list includes categories of reasons relating to:

  • family formation and reunification;
  • education and study;
  • remunerated activities.
Last updated: 12.07.2010