EN Official Journal of the European Union CE 84/309

(2004/C 84 E/0357)

WRITTEN QUESTION E-0131/04

by Olivier Dupuis (NI) to the Commission

(26 January 2004)

Subject: Tragedy involving Albanian migrants

Last week, the Adriatic Sea was the scene to a fresh tragedy, in which 21 (in reality, probably around 40) Albanian nationals attempting illegally to enter Italy died. The accident took place at a time when the flow of illegal immigrants from Albania to Italy has noticeably lessened. 137 Albanian illegal immigrants were intercepted on the Italian coast in 2003, compared to 3 372 in 2002 and 40 000 in 1999. According to the Italian and Albanian authorities, this drop is due to the cooperation agreement signed by both countries in 1997 or more mundanely, others say, to the fact that a large number of the Albanians wanting to emigrate to find work have already done so.

Is the Commission aware that at the root of this tragedy and all those that have accompanied illegal immigration from Albania over the last few years is the prohibitionist policy that still governs the present visa system operating between Albania and the EU Member States? Does the Commission realise that its responsibility now more than ever is to propose to the Council and Parliament a new visa system that would automatically allow all Albanians a three-month tourist visa valid throughout the EU, or at the very least the Schengen area? Is the Commission aware that, as illustrated by Bulgaria and Romania, a change in the visa system would not noticeably increase the number of immigrants, but would, on the contrary, have the enormous advantage of destroying the illegal immigration networks in Albania and inside the Community? Is the Commission aware that a policy of this kind would enable the extremely difficult and costly land and maritime policing measures to be replaced with the much less burdensome option of supporting and cooperating with Albania's police force and customs service? In view of these facts, with which the competent authorities of the EU and its Member States are perfectly familiar, does the Commission not consider that, should a similar tragedy occur in the future, the criminal or civil liability of an EU or Member State authority could not be ruled out?

Answer given by Mr Vitorino on behalf of the Commission

(10 March 2004)

Unfortunately, like previous tragedies, the recent tragedy involving the death of Albanians who were trying to enter Italy illegally illustrates the extent of the pressure of immigration from Albania.

Visa policy is one of the ways in which the Community can control migration flows. Requiring Albanians to hold a visa in accordance with Regulation (EC) No 539/2001 (1) reflects the Community legislator's assessment of Albania in the light of the criteria set out in the fifth recital to the Regulation, one of which is illegal immigration. The visa system helps to control immigration from Albania. Each application for a short-stay visa must be examined individually on the basis of the information and justification provided by the applicant. If there are no objections, particularly from an immigration point of view, the visa is issued.

The Commission considers that dispensing with visa requirements for Albanians is not an appropriate response to the current situation. It also believes that the automatic issuing of short-stay visas, as advocated by the Honourable Member, goes against the philosophy of the harmonised visa policy.

That said, the Commission is convinced that the phenomenon of migration cannot be tackled solely by imposing visa requirements and believes that a comprehensive approach is needed, specifically one which includes the countries of origin. Consequently, a series of other measures has been adopted in an attempt to improve the management of migration flows from Albania. A readmission agreement was signed in December 2003 between the Community and Albania covering all categories of migrant (nationals, nationals of third countries, stateless persons). This is an illustration of the excellent cooperation there has been between the EU and the Albanian authorities on this matter.

The Commission also provides financial assistance to Albania, particularly as regards strengthening the integrated management of borders. In 1997 specific action was taken by the EU Customs Assistance Mission to Albania (CAM-Α) to modernise and improve the efficiency of customs in cooperation with the police. Furthermore, specific action is also being taken under the CARDS programme (2) to strengthen cooperation between police and customs at Albania's external borders (e.g. at the ports of Durres and Vlora and at Rinas airport). The total amount granted to Albania for the period 1998-2003 was EUR 306,3 million (EUR 177,4 million under the PHARE programme for the period 1998-2000 and EUR 128,9 million under the CARDS programme for the period 2001-2003). Financial assistance for the areas of ‘Justice and Home Affairs’ and customs totalled EUR 25,25 million for 1998-2000 (PHARE) and EUR 68 million for 2001-2003 (CARDS). The total amount was therefore EUR 93,25 million. The Commission will also be able to finance any projects under the new programme of financial and technical assistance to third countries in the area of migration and asylum (Aeneas) in addition to those already financed under the CARDS programme. In line with Article 1 of the new Regulation, particular consideration will be given to the readmission agreement signed with Albania. Finally, it should be noted that, as part of the preparatory action taken under budget heading B7-667 before the adoption of the programme, the Commission financed various projects for Albania in 2001 (co-financing for two projects totalling EUR 1,367 million) and in 2002 (co-financing of one project totalling EUR 0,429 million). A project has also been selected for 2003 (requested co-financing of EUR 0,713 million).

Moreover, several recent important initiatives will help in dealing with similar situations.

For instance, the Council has recently approved a programme of measures aimed at combating illegal immigration by sea in the Member States. The key to its success lies in strengthening cooperation with the countries of origin or transit for illegal immigrants, in making sure that third countries receive technical and organisational assistance to tighten surveillance of the coastline from which the illegal immigrants depart, in carrying out sea patrols in cooperation with the appropriate authorities in the Member States and third countries concerned by illegal immigration, etc.

The Irish Presidency and the Commission are working on a road map for this programme to ensure that the measures it contains are implemented quickly.

The Commission also considers that the start of operational activities in the two coordination centres for maritime borders will help to improve the management of migration flows from third countries and to avoid tragedies like the one described by the Honourable Member.

(1) Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, OJ L 81, 21.3.2001.

(2) Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia, repealing Regulation (EC) No 1628/96 and amending Regulations (EEC) No 3906/89 and (EEC) No 1360/90 and Decisions 97/256/EC and 1999/311/EC, OJ L 306, 7.12.2000.