WRITTEN QUESTION E-3257/02

by Cristiana Muscardini (UEN) to the Commission

(19 November 2002)

Subject: European border police force

With reference to the topics discussed by the European Council in Seville concerning the fight against illegal immigration, asylum and the management of external borders, can the Commission say:

1. What measures have been taken to create a European border police force?

2. Have priorities been defined for readmission agreements, in particular with those countries from which most illegal immigrants come?

3. Have the resources available at Community level been adjusted to cover repatriation, management of external borders and asylum and migration projects in non-member countries?

Answer given by Mr Vitorino on behalf of the Commission

(3 January 2003)

1. The idea of a European border police force or a European Corps of Border Guards has been raised and supported by a couple of Member States and by the Commission. The issue has been discussed at Council level but so far no political decision has been taken to create such a European force.

The Plan for the management of the external borders of the Member States of the European Union that was adopted by the Council on 13 June 2002(1) stresses the dynamic dimension and step-by-step policy prevailing in these matters. So does the Communication from the Commission(2). Paragraph 47 to 51 of the Communication outline basic principles that should structure a real European Corps of Border Guards whose agents would be empowered to perform tasks of border checks and border surveillance provided for by Article 62 of the EC Treaty. However, the Communication underlines that many practical and legal difficulties would have to be overcome to achieve this.

Most of the priorities identified in conclusion No 32 of the European Council of Seville (21 and 22 June 2002) will very likely enlighten by concrete experiences the main legal shortcomings and operational gaps to be bridged on the way to an eventual European force. Joint operations are currently under preparation at the external borders, where national forces sent by several Member States will work in common for defined and limited periods. In most of the cases, Member States hosting or co-ordinating these joint actions have associated the Commission, which are expected to provide any relevant advise and expertise concerning European institutions and Community legislation concerned by the projects.

2. At its meeting in Luxembourg on 25 April 2002, the Council (Justice and Home Affairs) adopted conclusions defining criteria for the identification of third-countries with which new readmission agreements need to be concluded. These criteria have been elaborated following the explicit requests contained in the conclusions of the Laeken European Council (14 and 15 December 2001) and in the Union action plan to combat illegal immigration and trafficking in human beings of 28 February 2002.

In its conclusions of 25 April 2002, the Council approved the following six identification criteria:

- the migration pressure exerted from or via the third country on the Union, together with the number of persons awaiting return;

- the third-country's geographical position in relation to the Union;

- the third-country is not a candidate country with which the Union is negotiating about accession;

- considerations of geographical balance and regional coherence;

- the fact that there is an existing Union association or cooperation agreement containing a readmission clause;

- the added value of a Community agreement compared to individual Member States agreements.

Since adoption of the above criteria in April 2002, the Council has authorised the Commission to negotiate Community readmission agreements with Ukraine, Albania, Algeria, China and Turkey. Prior to that date, the Commission already received negotiating mandates for Community readmission agreements with Morocco, Sri Lanka, Pakistan, Russia (September 2000) as well as Hong Kong and Macao (April 2001).

3. On 3 December 2002, the Commission adopted a Communication to the Council and the Parliament on the integration of migration issues in the Union's relations with third-countries(3). This Communication contains a detailed report on the effectiveness of financial resources at Community level for repatriation of immigrants and rejected asylum seekers, for management of external borders and for asylum and migration projects in third countries. The Commission would like to refer the Honourable Member of to this report.

(1) OJ L 161, 19.6.2002.

(2) Towards integrated management of the external borders of the Member States of the European Union, COM(2002) 233 final.

(3) COM(2002) 703 final.