WRITTEN QUESTION P-0096/03

by Isidoro Sánchez García (ELDR) to the Commission

(20 January 2003)

Subject: Adjustment to the arrangements for integrating the Canary Islands into the EU as regards immigration

A significant event in the recent history of Europe as a community was the 1991 adjustment to the arrangements for integrating the Canary Islands (an outermost region, an archipelago and an EU external border) which was based on Article 25(4) of Spain's Act of Accession to the European Communities and which was intended to minimise the detrimental social, economic and environmental effects which such integration might have. Various sectors agriculture in particular were affected by the adjustment, for which reason a programme of specific options (Poseican) was introduced. This was recently revised after 10 years in operation.

Some experts believe this to have been a missed opportunity to adjust the Community integration arrangements in other areas such as immigration, a social phenomenon which arose in the Canary Islands at the time of integration and which in recent years has acquired social and economic significance on account of the islands' rapid population growth and the impact which this has had on the territory of the archipelago, which is environmentally sensitive, fragile and highly vulnerable.

This has prompted a broad (and sometimes stormy) debate within the islands' society on how to regulate the currently excessive volume of immigration in an orderly fashion, possibly through the adoption of certain specific measures (temporary and proportionate in nature) whose legal basis would be certain provisions contained in Article 37(1) of the Canary Islands' Statute of Autonomy, in Article 138(1) of the Spanish Constitution and in the European Treaties, in particular Article 299(2) of the EC Treaty adopted in Amsterdam in 1997.

In view of this situation and taking into account what is stated in Article 25(4) of Spain's Act of Accession to the European Communities, does the Commission think that the immigration-related arrangements for integrating the Canary Islands into Europe could be adjusted by means of a special Protocol on foreigners' residence and employment? If so, what procedure would have to be followed?

Answer given by Mr Vitorino on behalf of the Commission

(14 February 2003)

The Commission does not believe that the Treaties should be amended to introduce special arrangements for the Canary Islands which would restrict the fundamental right of EU citizens to free movement under Article 18 of the EC Treaty and Article 45 of the EU Charter of Fundamental Rights. On the contrary, it has proposed a directive, currently being discussed by the Council and Parliament, to strengthen that right throughout the Union(1).

Under Article 63(3) of the EC Treaty, the Council is to adopt measures on immigration policy within the following areas: conditions of entry and residence, and standards on procedures for the issue by Member States of long-term visas and residence permits, including those for the purpose of family reunion, as well as illegal immigration and illegal residence, including repatriation of illegal residents.

The Seville European Council attached the greatest importance to the fight against illegal immigration; from that standpoint, the measures to be taken to follow up the Seville conclusions at both national and Community levels would be applicable within the Canary Islands. Special arrangements to combat illegal immigration are not necessary as the measures are designed to counter illegal immigration as effectively as possible throughout the European Union.

As regards the regulation of legal immigration of third country nationals, the Commission has proposed a legislative framework for the admission and the conditions

of residence of such persons. These proposed directives do not stipulate the number of persons allowed in, as that is a decision for each Member State. The Seville European Council also pointed out that immigration policy should also take account of the reception capacity of the Union and its Member States.

(1) Proposal for a European Parliament and Council Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, COM(2001) 257 final, OJ C 270, 25.9.2001.