WRITTEN QUESTION E-1675/02

by Charles Tannock (PPE-DE) to the Commission

(12 June 2002)

Subject: Repatriation of illegal immigrants from the EU

Can the Commission confirm that tens of thousands of Chinese citizens are transported across Asia and Europe, often through the Balkans, to the European Union every year? Is it correct that the Chinese Government frequently refuses to accept its citizens who return because they have no proof of nationality, and is this the case even when these nationals cooperate with the authorities in the Member States in identifying themselves and their countries of origin?

Can the Commission list the states which refuse to cooperate with Member States in this way and indicate whether or not they are recipients of aid from or are party to Association or trade agreements with the European Union?

Could the Commission also indicate which of the Balkan states are exempt from visa requirements and whether it believes that the imposition of such requirements would be helpful in stemming the flow of illegal immigration?

Answer given by Mr Vitorino on behalf of the Commission

(3 September 2002)

Illegal immigration from China remains an important subject of interest for the Commission in the global fight against this phenomenon. However, the number of illegal immigrants from China into Europe remained limited so far.

The Chinese Government indeed applies the principle of repatriation after verification and thus agrees on the return of individuals provided their Chinese nationality has been formally proven.

The Union and China started a dialogue on illegal migration, following the tragedy of Dover in June 2000, during the meeting between Chinese Prime Minister Zhu Rongji and the President of the Commission on 11 July 2000 in Brussels. The problem of the so-called Balkan route, and in particular the issue of the visa-free travel to the Federal Republic of Yugoslavia (FRY), facilitating the subsequent illegal entry to the Union in the years 2000 and 2001, was addressed in the framework of the Union-China dialogue together with the authorities of the FRY, which have meanwhile introduced a visa requirement for Chinese citizens.

Return issues are also discussed within the context of this dialogue, and the third High level consultations on fighting illegal migration and trafficking in human beings took place on 19 July 2002 in Brussels. On that occasion, concrete steps for closer cooperation to improve return practices have been envisaged.

In the conclusion No 40 of the Laeken European Council of 15 December 2001, it was called for the integration of the policy of migratory flows into the Union's foreign policy. It was decided in particular that European readmission agreements must be concluded with the countries concerned on the basis of a new list of priorities and a clear action plan. Building upon these guidelines the Council identified, at its meeting on 25 April 2002, four new priority countries for further Community readmission agreements, among them China, and asked the Commission to submit to it draft negotiating directives as soon as possible. So far the Council formally authorised the Commission to negotiate Community readmission agreements with Morocco, Sri Lanka, Russia, Pakistan, Hong Kong, Macao and Ukraine. The Commission has successfully completed negotiations with Hong Kong and Sri Lanka (final texts initialled in November 2001 and May 2002 respectively) and negotiations with Macao are well advanced and expected to be completed soon. Regarding the other negotiations, however, it is not yet possible to indicate a date for their completion.

However, it should be noted that the fact that Community readmission agreements are negotiated does not justify the assumption that the countries concerned have refused to co-operate. The willingness to enter into negotiations on such agreements is rather the opposite signal and is highly appreciated.

The European Council of Seville of 21 and 22 June 2002 addressed the issue of co-operation with third countries in fighting illegal migration. It was concluded that it would be necessary to carry out a systematic assessment of relations with third countries, which do not co-operate in fighting illegal migration. At the level of the Community, co-operation with countries of origin and transit on preventing and fighting illegal migration has started relatively recently. First experiences with countries such as Albania and other Balkans countries, Morocco, Sri Lanka, and Turkey are rather encouraging. In line with the conclusions of the European Council of Seville, the Commission will submit to the Council a report on the financial resources available at Community level for repatriation of migrants and rejected asylum seekers, for management of external borders and to promote co-operation with third countries in the field of asylum and migration, including illegal immigration.

Regarding the visa requirement for nationals of the Balkans States, it should be mentioned that, according to Council Regulation EC No 539/2001 of 15 March 2001, listing third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement(1), the nationals of Albania, Bosnia-Herzegovina, the FRY and the Former Republic of Macedonia (FYROM) need a visa to enter the Union.

(1) OJ L 81, 21.3.2001.