WRITTEN QUESTION E-3601/98

by Alessandro Danesin (PPE) to the Commission

(3 December 1998)

Subject: Common immigration policy

Recent events in Italy such as the landings on the coast of Apulia and the endless queues for residence permits have made it even more imperative to solve a problem that has continued since the beginning of the 80s when Italy became one of the preferred destinations of illegal immigrants that not only want to remain there, but above all to gain admittance to the European Union.

The problem has become increasingly topical, especially since the Schengen agreements entered into force (for Italy on 26 October 1996). Every year some 100 000 to 150 000 immigrants (1/5 of the number estimated for the whole of Europe) enter Italy clandestinely, but the papers of only 272 000 of them have so far been in order (some 13 million in the EU). And the last law at our disposal is the Martelli law.

Despite the Commission's assurances that the creation of an area without internal frontiers is a process parallel to the introduction of harmonised controls at external frontiers and despite the fact that the subject was again recently taken into serious consideration in the Amsterdam Treaty, the EU does not have legislation on immigration that is common to all the Member States.

Is the strategic document on immigration and asylum recently issued by the Austrian Presidency, which has been controversial from the outset, enough? Can the Geneva Convention of 28 July 1951 continue to form the basis for a phenomenon that day after day becomes more complicated and urgent from a political, economic, social and environmental point of view?

Does the Commission not think it should speed up the introduction of a common immigration policy in the Member States of the EU?

Answer given by Mrs Gradin on behalf of the Commission

(25 January 1999)

The Treaty of Amsterdam implies fundamental changes to the previous institutional arrangements set up by the Treaty on European Union. The implementation without delays of the new provisions of the Treaty of Amsterdam is a process consisting of several steps and involving all European institutions.

The Commission produced in July 1998 a communication "towards an area of freedom, security and justice"(1) presenting its approach on the implementation of the area of freedom, security and justice. This is now under examination by the Parliament which has also decided to convene a conference of national parliaments in March 1999.

The Austrian Presidency of the Council tabled a draft strategy paper on immigration and asylum policy. Under the initiative of the Presidency, the Justice and home affairs (JHA) Council of 3-4 December 1998 took note of an interim report on that subject. Discussion will continue within the relevant working groups of the Council under German Presidency.

The European Council, meeting in Vienna on 11-12 December 1998 adopted an action plan(2) (drawn up by the Council and the Commission) on how best to implement the provisions of the Amsterdam Treaty on the establishment of an area of freedom, security and justice. The action plan is divided in two parts. The first covers actions to be undertaken within two years the second covers activities to be completed within five years. The European Council urged the Council to start immediately with the implementation of the two years priorities as defined in the action plan. Moreover, the decision has already been taken to hold a special European Council in Tampere, October 1999.

The present and future treaty arrangements specifically require asylum-related measures adopted at European level to be in accordance with the 1951 Geneva Convention (see Article K.2 of the Treaty on European Union, and Article 63(1) of the EC Treaty as amended by the Treaty of Amsterdam). The Treaty of Amsterdam also envisages the adoption by the Council of complementary instruments. Work has been going on in this area for some time on the basis of two proposals from the Commission for joint actions on temporary protection of displaced persons and on solidarity in the admission and residence of beneficiaries of the temporary protection of displaced persons(3) (burden sharing).

It is also worth noting that in the area of migration policy, the Commission drafted, in July 1997, a proposal for a convention establishing the framework for a comprehensive admission policy of third-country nationals to the Member States. The Council has already completed a first reading of this draft and the opinion of the Parliament is still awaited.

(1) COM(98) 459 final.

(2) OJ C 19, 23.1.1999, p. 1.

(3) COM(98) 372 final.