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Opinion of the European Economic and Social Committee on the

Proposal for a Decision of the European Parliament and of the Council establishing the European Refugee Fund for the period 2008-2013 as part of the General programme ‘Solidarity and management of migration flows’

Proposal for a Decision of the European Parliament and of the Council establishing the External Borders Fund for the period 2007-2013 as part of the General programme ‘Solidarity and management of migration flows’

Proposal for a Council Decision establishing the European Fund for the Integration of Third-country Nationals for the period 2007-2013 as part of the General programme ‘Solidarity and management of migration flows’

Proposal for a Decision of the European Parliament and of the Council establishing the European Return Fund for the period 2008-2013 as part of the General programme ‘Solidarity and management of migration flows’

(COM(2005) 123 final — 2005/0046 (COD) — 2005/0047 (COD) — 2005/0048 (CNS) — 2005/0049 (COD))

(2006/C 88/05)

On 20 July 2005 the Council, under Article 262 of the Treaty establishing the European Community, decided to consult the European Economic and Social Committee on the abovementioned proposals.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 24 January 2006. The rapporteur was Ms Le Nouail-Marlière.

At its 424th plenary session, held on 14 and 15 February 2006 (meeting of 14 February), the European Economic and Social Committee adopted the following opinion by 125 votes to 2 with 11 abstentions.

1.   The Commission proposals and the objectives of the Communication

2.   General comments

3.   Specific comments

4.   Coherence of the proposal

As regards the proposed objectives set out in the Communication, the Committee questions the coherence between the obligations for Member States that derive from the international rule of law, the degree of harmonisation of European legislation and the proposed framework programme.

The Communication and the framework programme contain a number of confusing elements that undermine the credibility of the proposal.

4.1   The Communication

5.   Conclusion

A genuinely democratic European project in the hands of the people, in accordance with the budgetary procedures of the institutions and of the European Union and based on rights:

The Committee:

Brussels, 14 February 2006.

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND

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(1)  COM(2005) 122, COM(2005) 124.

(2)  COM(2004) 487 of 14.7.2004 (not adopted by the Council).

(3)  COM(2004) 101 of 10.2.2004.

(4)  EESC opinion of 15.9.2004 on the Communication from the Commission to the Council and the European Parliament. Building our common future – policy challenges and budgetary means of the enlarged Union 2007-2013 (COM(2004) 101 final) (OJ C 74/2005).

(5)  Approved by the Council on 28 November 2002.

(6)  SEC(2005) 435 of 6.4.2005.

(7)  Presidency Conclusions, Tampere European Council, 15-16 October 1999.

(8)  EESC opinion of 15.12.2005 on the Communication from the Commission to the Council and the European Parliament: The Hague Programme: Ten priorities for the next five years – The Partnership for European renewal in the Field of Freedom, Security and Justice (CESE 1504/2005) (rapporteur: Mr Pariza Castaños).

(9)  EESC opinion of 20.3.2002 on the Proposal for a Council Regulation 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 (rapporteur: Mr Sharma) (OJ C 125 of 27.5.2002).

(10)  EESC opinion of 15.12.2004 on the Communication from the Commission to the Council and the European Parliament on themanaged entry in the EU of persons in need of international protection and the enhancement of the protection capacity of theregions of origin – Improving access to durable solutions (rapporteur: Ms Le Nouail-Marlière) (OJ C 157 of 28.6.2005).

(11)  See footnote 8.

(12)  EESC opinion of 9.6.2005 on the Green Paper on an EU approach to managing economic migration (COM(2004) 811 final) (rapporteur: Mr Pariza Castaños, OJ C 286 of 17.11.2005).

(13)  EESC own-initiative opinion of 30.6.2004 on the International Convention on Migrants (rapporteur: Mr Pariza Castaños) (OJ C 302 of 7.12.2004).

(14)  Point 3.2.20 of the EESC opinion of 15.12.2005 on the Communication from the Commission to the Council and the European Parliament: The Hague Programme: Ten priorities for the next five years – The Partnership for European renewal in the Field of Freedom, Security and Justice (CESE 1504/2005) (rapporteur: Mr Pariza Castaños).

(15)  The legal framework includes, in particular, Articles 13 and 14 of the International Charter of Human Rights (the Universal Declaration of Rights), the International Covenants on Political and Civil Rights and their regional protocols of 1966 and on Economic, Social and Cultural rights, also of 1966, which are the translation into secondary law of the Universal Declaration of Human Rights, Articles 6(1) and 6(2) of the Treaty on European Union Article 6(1) (Article 6(1) of the of the consolidated Nice version of the Treaty on European Union: ‘The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, which are common values to the Member States’), Article 13 of the Cotonou Agreement and the provisions of the 1951 Geneva Convention relating to the right of asylum.

(16)  EESC opinion of 18 September 2002 on the Green Paper on the Community return policy (rapporteur: Mr Pariza Castaños) (OJ C 61 of 14.3.2003) and the EESC opinion of 11 December 2002 on the Communication on the Community return policy (rapporteur: Mr Pariza Castaños) (OJ C 85 of 8.4.2003).

(17)  The Geneva Convention is clear in this regard (‘For the purposes of this Convention, the term “refugee” shall mean any person who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.’), as is Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection.

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