WRITTEN QUESTION E-3112/97 by Roberta Angelilli (NI) to the Commission (13 October 1997)

Subject: Italian policy on the immigration of non-Community nationals

The crisis in Albania, the recent outbreaks of violence involving non-Community nationals and the boatloads of illegal immigrants regularly being disembarked along the coast of southern Italy have highlighted the immense problems the Italian government faces in dealing with illegal immigration on a massive scale. Italy often appears to be, in effect, a transit centre for illegal immigrants bound for other countries, in Europe or elsewhere. The situation is further exacerbated by the fact that most of this illegal immigration now seem to be controlled by organized criminal groups, for which it is a profitable activity.

In view of the foregoing,

1. Does the Commission agree that Italian legislation is excessively permissive in respect of illegal immigration, and that that permissiveness constitutes a significant problem at Community level, given the efforts made to dismantle Europe's internal frontiers?

2. While recognizing the need to comply with international conventions on the right of asylum and to demonstrate solidarity with those in need, does the Commission agree that the controls carried out at Italy's frontiers must be stepped up and that Italian immigration law must be reviewed as a matter of urgency?

3. Is the action taken by Italy to control immigration in line with that of the other Member States?

4. Has the time come for a serious debate at European level on the development model that is causing these huge population movements, and the possibility of implementing new and radically different policies aimed at reducing the problem?

Answer given by Mrs Gradin on behalf of the Commission (21 November 1997)

The Commission shares the Honourable Member's concern about the challenges posed to national authorities by the illegal entry of nationals of non-member countries especially where, as is increasingly often the case, it is accompanied by trafficking in human beings. The Treaty on European Union includes immigration as a 'matter of common interest'.

1. The Commission keeps abreast of developments in the laws of the Member States and is aware that the Italian Parliament is discussing a bill presented by the government. However, it is not for the Commission to express its views on Italian legislation. At present, there are no legally binding rules in this area with which Member States are required to comply.

2. The establishment of an area without internal borders must go hand in hand with the harmonisation of checks at its external borders. These checks must also be carried out on behalf of the other Member States which are part of the frontier-area.

In 1993, with a view to abolishing controls on persons at internal borders, the Commission presented a draft convention on controls on persons crossing external frontiers. To its regret, the Council never approved the draft.

However, the harmonisation of checks at external borders has been approved and implemented under the Schengen Agreement. Italy has been part of Schengen since 26 October 1997 and applies all the Schengen provisions including harmonised checks at external borders.

There is a Protocol attached to the Amsterdam Treaty which is designed to integrate the Schengen acquis into the framework of the European Union.

3. However, it should be noted that, even in the absence of legislation on immigration, there is active Union-wide cooperation in the fight against illegal immigration and trafficking in human beings. In addition, the Member States exchange information, the authorities cooperate and programmes launched by the Commission and financed by the Community budget help provide training and increase the efficiency of national officials working in these areas.

4. On 30 July 1997 the Commission adopted a draft Convention on rules for the admission of third-country nationals to the Member States ((COM(97) 387 final. )). This is now being studied by the Council and has been transmitted to Parliament for information. The Commission is against the adoption of a purely restrictive attitude on immigration. The prospect of zero immigration is both contrary to the Union's objectives and unrealistic in practice. The answer has to be the efficient management of migratory flows through the publication of clear rules on admission common to all the Member States and cooperation based on Community instruments making it possible to improve the management of the Union's borders.