WRITTEN QUESTION E-2514/01

by Carlos Bautista Ojeda (Verts/ALE) to the Commission

(14 September 2001)

Subject: Illegal immigration

Illegal immigration is a widespread phenomenon across all the EU's borders. The problem is most acute in certain areas which are particularly severely affected from a social, economic and humanitarian point of view.

Does the Commission regard it as normal and acceptable that there should be such a huge flood of human beings from North and sub-Saharan Africa who, in small boats and with an incalculable loss of human life, have been and will be crossing the Strait of Gibraltar with a view to seeking a decent future for themselves and their families?

Does the Commission believe that Spain and Morocco will be able to solve this problem (which now involves hitherto unheard of numbers of refugees) just at a time when those two countries have become more estranged than ever on account of fisheries disputes, drugs trafficking and issues relating to illegal immigration itself?

Does the Commission not think that the adjective unsustainable (which the Spanish Government has used to describe the situation) only confirms that government's inability to tackle the problem and solve it properly?

The social, economic and humanitarian burden of what is after all a Community problem now falls squarely on the shoulders of the Andalusian Regional Government, even though the latter has neither funding nor transferred political powers with which to deal with it.

Does the Commission think it logical that NGOs which were set up to assist the Third World should be setting up camp on the coasts of Andalusia in order to be able to provide immigrants with the care which they are not receiving from the relevant authorities?

Does the Commission not believe that it is now time for the Community to play a direct role in the matter (which clearly has a European dimension) in view of the obvious inability of Spain and Morocco to do anything about it, and to draw up a common policy which will enable a proper solution to the situation to be found without further delay?

Answer given by Mr Vitorino on behalf of the Commission

(10 December 2001)

The Commission believes that there is an urgent need to address the phenomenon of illegal migration. It is its conviction that an effective policy can only be achieved through strong commitment of all partners involved and in the spirit of a real partnership as indicated by the European Council of Tampere (15 and 16 October 1999). With regard to the migration from the African continent, the Commission takes the view that efforts to improve border management need to be intensified. To that end the Union is developing a policy at a multilateral, bilateral and internal level.

The following elements will play an important role:

- The Barcelona process: Migration is an important element of the Barcelona process launched in 1995. During their meeting on 15-16 November 2000 in the framework of the Euro-Mediterranean Partnership, Ministers of Foreign Affairs agreed that a regional programme on Justice and Home Affairs is to be established in 2001 and that migration issues were to be given specific attention. The Union proposes a comprehensive approach to migration which would include the fight against illegal immigration and trafficking of human beings, the promotion of readmission agreements, implementation of efficient frontier control systems and training of relevant personnel, study of possibilities to simplify and speed up visa issuing procedures, strengthened actions for social inclusion of legal migrants in the Union and promotion of non-discrimination, improved exchange of information on statistics on migratory flows and promotion of co-development activities of migrants with their countries of origin.

- Migration dialogue with Morocco: Morocco is of specific importance when dealing with the phenomenon of illegal migration into the Union. Since its entry into force on March 2000, the issue of migration in the Union's relationship with Morocco is embedded in the framework of the Association Agreement. Both Morocco and the Union agree that there is an urgent need to address the increasing migratory flows from the North of Africa towards the Union. The importance of migration was underlined by the first Association Council that called for a constructive dialogue on migration. In June and July migration experts from Morocco and the Union have started discussions which are very open and frank and Morocco has announced concrete proposals for combating illegal migration during the Association Council on 9 October 2001.

Partners agree that the approach to migration needs to be a comprehensive one in which foreign affairs, development policy, economic assistance and co-operation in the area of Justice and Home Affairs need to be incorporated in a balanced manner.

Morocco and the Union have succeeded in identifying three areas in which cooperation would need to be concentrated: socio-economic co-operation, promoting of management of legal migration and the combat against illegal migration, including the fight against illegal transit migration from sub-Saharan countries.

- Besides the Barcelona process and the bilateral relations with third countries, the Commission considers it important to strengthen urgently the internal policies of the Union on illegal migration. Consequently, it is important to develop policies at Union level to deal with the prevention of and the fight against illegal immigration and in particular also against irregular maritime arrivals. The Council reached political agreement in May 2001 on a Directive defining the facilitation of unauthorised entry, movement and stay(1) and an accompanying Framework Decision on the strengthening of the penal framework to prevent the facilitation of unauthorised entry and residence, which sets a frame for the prosecution of facilitators. A Communication from the Commission to the Council on a common policy on illegal immigration has been adopted 15 November 2001(2).

(1) OJ C 253, 4.9.2000.

(2) COM(2001) 672 final.