WRITTEN QUESTION E-1674/02

by Charles Tannock (PPE-DE) to the Council

(12 June 2002)

Subject: Repatriation of illegal immigrants from the EU

Can the Council confirm that tens of thousands of Chinese citizens are transported across Asia and Europe, often through the Balkans, to the European Union every year? Is it correct that the Chinese Government frequently refuses to accept its citizens who return because they have no proof of nationality, and is this the case even when these nationals cooperate with the authorities in the Member States in identifying themselves and their countries of origin?

Can the Council list the states which refuse to cooperate with Member States in this way and indicate whether or not they are recipients of aid from or are party to Association or trade agreements with the European Union?

Could the Council also indicate which of the Balkan states are exempt from visa requirements and whether it believes that the imposition of such requirements would be helpful in stemming the flow of illegal immigration?

Reply

(5 November 2002)

1. The Council shares the Honourable Member's concern regarding the large-scale influx of illegal immigrants and the difficulty of having them repatriated.

2. The importance of negotiating and concluding readmission agreements with third countries of origin and transit of illegal immigrants, in devising and implementing an effective repatriation policy, has been acknowledged and asserted by the European Union on a number of occasions, particularly in the action plan to combat illegal immigration and trafficking in human beings in the European Union, adopted by the Justice and Home Affairs Council on 28 February 2002.

3. In 2000 and 2001 the Council authorised the Commission to negotiate readmission agreements with six third countries: Morocco, Russia, Pakistan, Sri Lanka, Hong Kong and Macao. The Commission has managed to initial readmission agreements with Hong Kong and Sri Lanka, conclusion of which will have to be approved by a Council Decision once the European Parliament has delivered its opinion, and is continuing negotiations with the other four third countries.

4. On 16 April 2002 the Council adopted conclusions on criteria for the identification of third countries with which new readmission agreements need to be negotiated. Those conclusions, in line with the action plan, not only set out criteria but identify four more third countries for which the Commission is asked to submit draft negotiating directives for readmission agreements: China, Turkey, Algeria and Albania.

On 13 June 2002 the Council further authorised the Commission to negotiate a readmission agreement with Ukraine.

5. It should also be pointed out that the Seville European Council conclusions, referring expressly to the action plan, attach priority to speeding up the conclusion of readmission agreements currently being negotiated and approving new briefs for the negotiation of readmission agreements with countries already identified by the Council (point 30).

In a broader, more general way, the Seville European Council conclusions add that immigration policy needs to be built in as a key factor in the Union's relations with third countries. They point here to the importance of ensuring the cooperation of countries of origin and transit on readmission, among other matters, and specify that such readmission should include that of those countries' own nationals unlawfully present in a Member State and, under the same conditions, that of other countries' nationals who can be shown to have passed through the country in question (point 34).

Lastly, aside from the more specific issue of negotiating and concluding readmission agreements, the European Council conclusions call for the inclusion, in any future cooperation, association or equivalent agreement which the European Union or the European Community concludes with any country, of a clause on joint management of migration flows and on compulsory readmission in the event of illegal immigration (point 33).

6. For a list of countries whose nationals require visas, the Honourable Member is referred to Council Regulation 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(1), as amended by Council Regulation No 2414/2001 of 7 December 2001(2).

(1) OJ L 81, 21.3.2001, p. 1.

(2) OJ L 327, 12.12.2001, p. 1.