WRITTEN QUESTION No. 2832/98 by Niall ANDREWS to the Commission. Applications for asylum
Date: 1998-09-28
Institutions: ANDREWS, European Parliament
Subjects: clandestine worker, drafting of EU law, foreign national, illegal migration, migration control, residence permit, right of asylum

C 118/152

Official Journal of the European Communities

EN

29.4.1999

Answer given by Mr Mar(cid:237)n on behalf of the Commission

(1 October 1998)

The Commission is not aware of the call for action for conservation of orangutans. It would, however like
to thank the Honourable Member for drawing its attention to the report and remains ready to answer
questions on the issues raised in the report at a later stage.

In the meantime, and as regards the funding of orangutan conservation projects, the Commission would
like to refer to its answer to written question E-1852/98 by Mrs Muscardini (1).

(1) OJ C 402, 22.12.1998, p. 161.

(1999/C 118/190)

WRITTEN QUESTION E-2832/98

by Niall Andrews (UPE) to the Commission

(28 September 1998)

Subject: Applications for asylum

Will the Commission state what common regulations each Member State has for the purpose of dealing
with applications for asylum and what directives are current and common with the EU to regulate the flow
of illegal immigrants into the EU?

Answer given by Mrs Gradin on behalf of the Commission

(13 November 1998)

Asylum and immigration matters are at present dealt with under Title VI of the Treaty on European Union,
and form part of the third pillar. Article K.1 of the Treaty on European Union provides that asylum policy
and immigration policy, including combating unauthorised immigration, residence and work by nationals
of third countries on the territory of Member States, are matters of common interest. The legal instruments
available under Article K.3 of the Treaty on European Union for addressing these issues include joint
positions, joint actions and conventions, but not conventional Community instruments such as directives
and regulations.

The position will change following the entry into force of the Treaty of Amsterdam, which transfers
asylum and immigration matters into Community competence under new Title IV of the EC Treaty. New
Article 63 of that Treaty will require the Council to adopt a range of measures in the field of asylum, and
measures relating to illegal immigration and illegal residence, within five years of the entry into force of
the EC Treaty of Amsterdam.

In the field of asylum, the only legally binding instrument which has been adopted at European level is the
Convention determining the State responsible for examining applications for asylum lodged in one of the
Member States (1), commonly known as the Dublin Convention. This Convention was signed in 1990, but
it did not enter into force until 1 September 1997. Various implementing measures have also been adopted
by the committee established under Article 18 of the Dublin Convention and published in the Official
journal.

A number of non-binding instruments relating to asylum or to combating illegal immigration have been
adopted by Ministers responsible for immigration or, since the entry into force of the Treaty on European
Union, by the Council. The instruments adopted by the Council have also been published in the Official
journal.

(1) OJ C 254, 19.8.1997.