WRITTEN QUESTION E-3441/97 by Nel van Dijk (V) to the Commission (31 October 1997)

Subject: The 'Aznar protocol'

Does the Commission have an explanation for the discrepancy between the figures provided by it ((Answer by Commissioner Gradin to my Written Question E-1356/97 - OJ C 373, 9.12.1997, p. 110. )) on the number of requests for asylum by subjects of EU Member States in other Member States and the figures available to the UNHCR ((UNHCR, 'EU nationals seeking asylum in EU Member States: some statistical evidence, 1985-1995'. ))?

Can the Commission, after consultation with the UNHCR, provide the correct statistics?

Which Member States, in addition to Belgium ((Declaration by Belgium to the protocol to the Treaty of Amsterdam on asylum for nationals of Member States of the European Union. )), the Netherlands ((Answer by the Ministers of Foreign Affairs and Justice to Written Questions by the Member of Parliament Rosenmöller (GroenLinks), Second Chamber, Questions, 26 September 1997. )) and Sweden ((Migration News Sheet, No. 173, August 1997, p. 13. )), have now stated that, despite the 'Aznar protocol to the Treaty of Amsterdam, they will give consideration to any request for asylum from a subject of another Member State?

Is the Commission prepared to urge the other Member States to do the same so as to limit the damage caused by the 'Aznar protocol' to compliance with the Refugees Convention?

Answer given by Mrs Gradin on behalf of the Commission (8 December 1997)

The figures given in the Commission's reply to the Honourable Member's written question E-1356/97 ((OJ C 373, 9.12.1997, p. 110. )) were provided drawing on statistics from Member States themselves on the basis of asylum requests lodged and registered there. Statistics are collected by the Office of the United Nations high commissioner for refugees (UNHCR) local offices on a case by case basis whereas Eurostat depends on contributions by the Member State in question. The Commission is aware that figures from UNHCR are often higher than those provided by Member States, presumably reflecting a different collection basis and methodology. The Commission is therefore examining how collection methods might be improved to avoid the statistical discrepancies in the future.

The Commission is not aware of any Member State other than Belgium having made a formal declaration of its intention to examine each request for asylum by nationals of Member States. The Commission does not, however, interpret the absence of such declarations to mean that Member States do not intend to honour their obligations in relation to the 1951 Geneva Convention. On the contrary, the Commission made clear in its answer to the oral question H-600/97 by Mr Sjöstedt during question time at Parliament's September 1997 part-session ((Debates of the Parliament (September 1997). )) that, although it considered it unfortunate that this protocol had been included in the Amsterdam Treaty, it was pleased to note that the preamble of the protocol clearly stated that it respected the finality and objectives of the 1951 Geneva Convention relating to the status of refugees ((European Parliament, Verbatim report of proceedings, 16.9.1997, page 69. )).