WRITTEN QUESTION E-2261/00

by Brice Hortefeux (PPE-DE) to the Council

(7 July 2000)

Subject: Schengen area: cooperation among the Member States' border control services

On 19 June 2000 the discovery of the bodies of 58 illegal immigrants who died as a result of their horrifying journey to Great Britain sent a tragic message to the European Union. It reminded us that the abolition of systematic controls at the internal borders of the Schengen area represents a challenge for the customs authorities of the EU Member States. The victims were discovered when a customs check was carried out at Dover, which is outside the Schengen area, although the vehicle carrying them had passed through two ports inside the Schengen area, Rotterdam and Zeebrugge.

The Tampere European Council of 15/16 October 1999 called in its conclusions for closer cooperation and mutual technical assistance among the Member States' border control services, particularly at maritime frontiers.

1. What initiatives has the Council proposed, further to the conclusions of the Tampere European Council, with a view to improving cooperation among the Member States' border control services?

2. Considering that prior to the tragedy which occurred on 19 June 2000 the incriminated vehicle had crossed the borders of two Member States within the Schengen area, without being checked, does the Council intend to propose specific measures for the implementation of customs controls in the ports belonging to the Schengen area?

3. The Tampere European Council decided to set up a unit (Eurojust) with the task of reinforcing the fight against serious forms of organised crime: will trafficking in illegal immigrants be one of Eurojust's priority areas of action? Are cooperation mechanisms between Eurojust and Member States' border control services envisaged?

Reply

(7 November 2000)

The Member States' border control services cooperate with each other on a daily basis.

This cooperation may take different forms:

- contacts by telephone, or by some other means, in specific cases. Member States have a list of contact points for this purpose;

- exchanges of officials between Member States' border control services;

- seminars on specific subjects, such as the seminar on maritime frontiers which was held in June in Lisbon during the Portuguese Presidency.

Furthermore, in the appropriate Council working parties particularly Cirefi (Centre for Information, Discussion and Exchange on the Crossing of Frontiers and Immigration) Member States exchange information on illegal immigration, routes, facilitators and other matters concerning frontiers and immigration.

On the question of initiatives by Member States, a number of studies or initiatives are under way in the following areas:

- responsibility in respect of ships' stowaways. A questionnaire was sent out on this matter during the Portuguese Presidency, and the results are currently being examined;

- initiative by the French Republic with a view to the adoption of a Directive on the responsibility of carriers. This initiative provides for the imposition of penalties by Member States on carriers transporting into the territory of the Member States third country nationals not in possession of the documents necessary for admission into the territory of the said States. The initiative also takes account of the protection due to asylum applicants;

- initiative of the French Republic with a view to the adoption of a draft Directive together with a draft framework Decision on the prevention of unauthorised entry and residence. The draft texts are intended to establish a framework of penalties for facilitators.

The Council is also expecting a number of Commission proposals in this area.

1. As regards the strengthening of customs controls, the Council would point to the Convention of 26 July 1995 on the use of information technology for customs purposes and the Convention of 18 December 1997 on mutual assistance and cooperation between customs administrations. These Conventions(1) have not yet been adopted by all the Member States in accordance with their respective constitutional rules.

2. In addition, the Council would refer to the possibilities for intensified policing through projects for recognised routes as provided for in the Resolution of 27 May 1999 on combating international crime with fuller cover of the routes used(2).

3. The Tampere European Council's conclusions state that Eurojust will have the task of facilitating the proper coordination of national prosecuting authorities and of supporting criminal investigations in organised crime cases. The German delegation on the one hand, and the Portuguese, French, Swedish and Belgian delegations, on the other, have forwarded draft Decisions setting up Eurojust.

The two draft Decisions concerned cover ways of combating trafficking in human beings; the first one indirectly, in that it makes Eurojust responsible for supporting criminal investigations into particularly serious crimes requiring recourse to mutual legal assistance if they are to be solved(3), and the other explicitly, by incorporating trafficking in human beings as defined in the Council Decision of 3 December 1998 supplementing the definition in the Annex to the Europol Convention(4) into Eurojust's sphere of competence.

(1) OJ C 316, 27.11.1995, p. 33 and OJ C 24, 23.1.1998, p. 1.

(2) OJ C 162, 9.6.1999, p. 1.

(3) OJ C 206, 19.7.2000, p. 1.

(4) OJ C 26, 30.1.1999, p. 21.