EN Official Journal of the European Union CE 78/611

(2004/C 78 E/0645)

WRITTEN QUESTION E-3611/03

by Camilo Nogueira Román (Verts/ALE) to the Commission

(5 December 2003)

Subject: Legalising immigration

The Commission for Justice and Home Affairs recently stated that legislation on legalising immigration — an area in which there has only been progress on the issues of family reunion and long-term resident status — always runs into ‘major problems in Council’.

Can the Commission state which issues cause these major problems, and which Member States are responsible for the delays in so serious and crucial an area, at a time when dozens and dozens of immigrants continue to drown on the Union's southern shores?

Answer given by Mr Vitorino on behalf of the Commission

(28 January 2004)

In order to implement the Treaty of Amsterdam and the mandate given in Tampere, the Commission has tabled several proposals for directives concerning the admission and the conditions of stay of third-country nationals.

These proposals must be adopted by unanimity, whereas current national legislation in relation to particular third countries differs widely. These factors have to be taken into account.

However, the European Council meetings in Seville on 21/22 June 2002, in Thessaloniki on 19/20 June 2003 and in Brussels on 12 December 2003 emphasised the need to speed up the legislative work in order to implement the programme approved at Tampere, in particular as concerns the development of a common European policy on asylum and migration.

In this regard certain progress has already been achieved:

— As far as legislation in the field of legal migration is concerned, the Council adopted on 22 September 2003 Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (1) and on 25 November 2003 the Directive on the status of third-country nationals who are long term residents (2).

— A proposal for a Directive concerning the admission of students and volunteers was presented on 7 October 2002 (3) and it is hoped that this will be adopted in the first half of 2004. A proposal concerning the admission of researchers will be put forward by the Commission in January 2004.

— The Commission regrets that in spite of the above mentioned statements of the European Council, its proposal for a Directive on the admission of economic migrants has not yet been adopted by the Council, and the Commission will be launching a wide debate on this issue during 2004.

— Concerning the present migratory pressure on the southern external borders of the Union, the Commission refers to its reply to the written question E-2347/03 by Mr Noguiera Roman (4). Furthermore, it should be noted that in September 2003, the Commission presented the final report on the feasibility study on the control of the Union's maritime borders. The Council on 27/28 November 2003 adopted a programme of measures to combat illegal immigration across the maritime borders of the Member States.

— The Commission is going to present a study in 2004 on the links between legal and illegal migration. This study will examine the potential pull and push factors and will also duly take into consideration Member States' experiences and positions on regularization of illegal migration.

(1) OJ L 251, 3.10.2003.

(2) OJ C 240 E, 28.8.2001.

(3) OJ C 45, 25.2.2003.

(4) OJ C 70 E, 20.3.2004, p. 88.