WRITTEN QUESTION E-2954/01

by Charles Tannock (PPE-DE) to the Commission

(25 October 2001)

Subject: Common immigration policies in the light of the terrorist attacks in the US

In the light of the widespread abuse of asylum provisions in the European Union in recent years, the need to preserve public support for the principle of asylum for genuine refugees and the fact that in the light of the recent attacks in the US it is ever more vital to ensure that only those who have legal entitlement are resident in Europe, does the Commission accept that one of the principal reasons why human traffickers continue to find it profitable to ply their trade and why there are so many people living clandestinely (including many people who had had asylum claims refused in the courts and then disappeared into the community) within the European Union is that there is a failure of political will in Europe to apply the law and remove those who are not entitled to enter or remain within the borders of Member States?

If so, does the Commission believe that it is essential that the new common policy on immigration being developed should at the very minimum ensure that:

- a list is drawn up by the Council of states which do not practise state persecution;

- Member States agree a common definition of asylum, streamline appeals procedures and set in place mechanisms for the removal of those whose applications are judged unfounded which are respected by other Member States;

- economic and political pressure is brought to bear by the Union on states which refuse to accept back their nationals on the grounds that they do not have the necessary documents, and criminal sanctions are introduced for those whose asylum applications are judged unfounded or who are otherwise required to leave a Member State if they refuse to cooperate with the lawful authorities in identifying and establishing their countries of origin;

- no Member State has laws preventing removal of non-EU citizens not given political refugee status?

Does the Commission also believe that it is in the interests of the Union to show flexibility regarding the legal basis for any common proposals in the spirit of enhanced cooperation so that states such as the UK which have not transferred competence for immigration control to the European Union are free to agree to any measures intergovernmentally in a spirit of European cooperation to the benefit of the Union as a whole?

Answer given by Mr Vitorino on behalf of the Commission

(8 January 2002)

There are a number of factors which have encouraged smuggling and trafficking into the Union in recent years. This is why, in its recent Communication on a common policy on illegal immigration(1), the Commission has made proposals for a specific Action Plan to coordinate and reinforce Member States' actions in a number of areas in order to deal with the key issues more efficiently and coherently. These include visa policy; information exchange and analysis; pre-frontier measures; the development of a European Border Guard; the strengthening of police and judicial co-operation and measures to help to tackle the issue of undeclared work, since this can also encourage illegal migration.

With respect to the return policies of the Member States, the Honourable Member should bear in mind that according to figures on return gathered by Eurostat, the numbers of persons removed from the Union are not insignificant. In the year 2000 for example 367 552(2) people were removed together with 87 628 assisted voluntary removals(3). Nevertheless, in the context of a comprehensive Union asylum and immigration policy, the Commission considers that the issue of return merits an in-depth reflection in order to develop a coherent Community approach which takes into account its complexities. In order to stimulate this debate, the Commission is preparing a Green Paper on return policy for early 2002 which will include proposals for common standards and measures. In this connection the establishment of a coherent Union policy on readmission was identified as another priority area by the Tampere European Council, 15 and 16 October 1999. Negotiations on such agreements have now been initiated with Russia, Morocco, Pakistan, Sri Lanka, Hong Kong and Macau and a first agreement was recently initialled with the Special Administrative Region Hong Kong.

With respect to asylum, the Commission works on the basis of article 63 (ex Article 73k) of the EC Treaty. In the light of the Tampere conclusions, it has made all its legislative proposals for a first phase of harmonisation. In its Communication of November 2000(4) Towards a common asylum procedure and a uniform status, valid throughout the Union, for those granted asylum which is the long term objective of Union harmonisation in this field, the Commission proposed options, scenarios and methods to reach this very ambitious goal. The Commission draws the attention of the Honourable Member to the recent Communication of November 2001(5) on the common asylum policy, introducing an open coordination method, complementing and supporting the legislative process. One of the five European guidelines suggested by the Commission deals with the issue of returns. The Communication also includes the first report by the Commission on the application of the November 2000 Communication and gives a comprehensive overview of Union policy in this field.

In addition, the Commission has also adopted a Working Paper for presentation to the Justice and Home Affairs (JHA) Council on 6-7 December 2001 which sets out how internal security can be safeguarded while at the same time complying with international protection obligations. This paper provides a basis for further discussion at European level and suggests some changes to existing and proposed Community legislation in the field of immigration and asylum.

Concerning the position of the United Kingdom, the Commission would remind the Honourable Member that, according to the Protocol on its position annexed to the Treaties, the United Kingdom does not take part in the adoption by the Council of proposed measures pursuant to Title IV of the EC Treaty and that no such provision or measure is binding on or applicable to the United Kingdom. However, the United Kingdom may notify, within three months of its presentation to the Council, a wish to

take part in the adoption and application of any such proposed measure. The United Kingdom may also, at any time after the adoption of such a measure, notify that it wishes to accept the measure. The Commission, in the interest of legal certainty, strongly advocates the use of the correct legal basis for proposals in these fields.

(1) COM(2001) 672 final.

(2) Source: Eurostat no data available from IRL, NL and UK, missing data from B, DK and L.

(3) Source: IOM most assisted voluntary returns have taken place from Germany (68 648 in 2000).

(4) COM(2000) 755 final.

(5) COM(2001) 710 final.