WRITTEN QUESTION E-0481/03

by Antonios Trakatellis (PPE-DE) to the Commission

(20 February 2003)

Subject: Application of the principle of solidarity in dealing with the social and economic impact on Member States of the intense pressure exerted by migration (Article 63 of the EEC Treaty)

In recent decades, Europe has come under intense pressure from migration, reflected in a corresponding increase in applications for asylum in the Member States and a flood of illegal immigration into the EU. The limited measures which have been adopted or occasionally proposed. e.g. Directive 2001/55/EC(1), the SCIFA+ service, a proposal to set up a European body for border control etc., are not sufficient to deal with the problem in the EU. However, the situation remains unclear and of particular concern in the case of pressure from third-country migration and, above all, the possible mass movement of populations caused by local crises.

Given that the Treaties expressly provide for promoting a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and displaced persons (Article 63(2)(b) of the EC Treaty), how will the waves of refugees from the forthcoming war be dealt with on the basis of current rules and how precisely is the principle of solidarity expected to work and the balance of effort between Member States in receiving refugees, as laid down in the Treaties, to be achieved?

In the light of current EU mechanisms for dealing with unforeseen economic crises and the tolerance levels of each economy, what mechanisms are in place in the event of a mass movement of populations, which may create an immediate serious crisis having a socially, politically and economically destabilising effect in a region of the Union? What are the tolerance levels of the Member States or a region of the EU in such a situation?

In a speech on 12 June 2002, the President of the Commission, Mr Prodi, focused on the concerns of European citizens regarding illegal immigration and insisted on the need for the immediate strengthening of external border controls. What progress has been made on the basis of the latest developments and does the Commission intend to propose, by applying the principle of solidarity, that a special fund be set up for emergency situations faced by Member States which are under severe pressure from immigration?

(1) OJ L 212, 7.8.2001, p. 12.

Answer given by Mr Vitorino on behalf of the Commission

(2 April 2003)

As the Honourable Member rightly notes, Article 63(2)(b) of the EC Treaty provides for measures with a view to promoting a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and displaced persons.

On that basis, the Union has adopted two instruments:

- The first is the European Refugee Fund (ERF) established by Council Decision 200/596/EC of 28 September 2000(1). It is an instrument of financial solidarity whereby Community resources are divided between the Member States in proportion to the number of asylum seekers they receive and the number of refugees and displaced persons who stay in their territory. It has a budget of EUR 216 million over five years, including a reserve of EUR 10 million to cope with basic necessities in the event of a mass influx of displaced persons.

- The second is Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, to which the Honourable Member refers in his question. The Directive lays down not only the rules in connection with the implementation of temporary protection and the arrangements for persons received but also a solidarity mechanism between the Member States based on the reception capacity of each of them and a voluntary return programme. Among the solidarity measures planned, it specifies that: when the number of those who are eligible for temporary protection following a sudden and massive influx exceeds the reception capacity , the Council shall, as matter of urgency, examine the situation and take appropriate action, including recommending additional support for the Member States affected.

The measures for implementing the Directive will be supported by the ERF, in particular by releasing appropriations entered in the reserve. If that amount does not cover requirements in the event of a massive influx, extra funds may be granted with the agreement of the budgetary authority.

The principle of balancing the efforts made by the Member States is not spelt out in the EC Treaty in relation to immigration policy; but it encourages studies relating to illegal immigration and illegal residence, including the repatriation of persons residing illegally and management of the external borders.

Here, the Commission would refer the Honourable Member to the Communication from the Commission to the Council on a common policy on illegal immigration(2) on 15 November 2001.

Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals(3) and the Commission proposal for a Council Decision setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of that Directive(4), are an example of how solidarity is gradually growing in that area.

With regard to the management of external borders, the Commission Communication of 7 May 2002(5), proposed to gradually establish a common policy for the integrated management of external borders based on Title IV of the EC Treaty and to the development of the Schengen acquis. The Commission's objective is to organise measures in order to ensure continuity in a policy consisting of five main components: a common corpus of legislation, a common and operational coordination and cooperation mechanism between the heads of sources responsible for external frontiers; common integrated risk analysis at Union level; inter-operational personnel and equipment; lastly, in the longer term, burden-sharing between the Member States and the Union with a view to establishing a European Corps of Border Guards.

On 13 June 2002 the Council (Justice and Home Affairs (JHA)), taking the Commission proposals as a broad basis, adopted a Plan for the management of the external borders of the European Union(6) including a list of measures to be carried out according to a timetable extending from June 2002 to June 2007. The Seville European Council (21 and 22 June 2002) welcomed the Commission proposals and the Plan adopted by the Council (JHA) and called for the speedy attainment of certain objectives such as the organisation of joint action at external borders, the finalisation of a risk analysis procedure and the introduction of a common training course for those responsible for the control and surveillance of external borders.

So far, Member States have not reached a consensus on the establishment of a European Corps of Border Guards. Multinational teams have recently taken part in innovative control and surveillance exercises at external borders, at maritime borders in the Mediterranean and at land borders of the Union. Several Member States made staff and equipment available for a specific period. The Commission feels that this kind of joint action could be a forerunner to burden-sharing operations in the spirit of the proposals in its Communication of 7 May 2002.

Lastly, the Honourable Member will note that action carried outside the Community can contribute, directly or indirectly, to relieving the pressure of migratory flows by supporting the reception of refugees and displaced persons in the region.

(1) OJ L 252, 6.10.2000.

(2) COM(2001) 672 final.

(3) OJ L 149, 2.6.2001.

(4) COM(2003) 49 final.

(5) COM(2002) 233 final.

(6) Council Doc 10019/02 Limite FRONT 58 COMIX 398, 14 June 2002.