WRITTEN QUESTION No. 3794/98 by Gerhard HAGER The fight against trafficking in illegal immigrants; eastward enlargement
Date: 1998-12-11
Institutions: European Parliament, HAGER
Subjects: Central and Eastern European countries, accession to the European Union, application of EU law, cooperation in home affairs, external border of the EU, illegal migration, judicial cooperation, penalty, third country, trafficking in human beings

11.10.1999

EN

Official Journal of the European Communities

C 289/89

to tackle the problem of HIV/AIDS in developing countries have been forwarded to the Parliament over the
past few years.

(1) COM(98) 407 final.

(1999/C 289/118)

WRITTEN QUESTION E-3793/98

by Gerhard Hager (NI) to the Council

(11 December 1998)

Subject: The fight against trafficking in illegal immigrants; eastward enlargement

The fight against trafficking in illegal immigrants has been identified as a major interest of the Union in view of
the forthcoming enlargement. However, according to my information in some of the candidate countries the
trafficking in foreigners is not yet even a criminal offence.

Can the Council conform this fact in the light of the information at its disposal?

Reply

(29 March 1999)

On 24 February 1997 the Council adopted, on the basis of Article K.3 of the Treaty on European Union,
1.
a Joint Action concerning action to combat trafficking in human beings and sexual exploitation of children
(OJ L 63, 4.3.1997). This Joint Action requires Member States to take specific action at national level to make
trafficking a punishable offence under national law. It also establishes forms of judicial cooperation in the
investigations and judicial processes relating to trafficking.

2.
The relevant provisions are part of the acquis of the European Union, which the candidate countries will
be called upon to accept in full upon accession. The candidate countries’ preparation to introduce the elements
of the acquis is currently part of the enhanced pre-accession strategy. The areas of Justice and Home Affairs in
particular are included among the priorities of each accession partnership adopted for the Central and East
European countries. Furthermore the situation in each applicant country is examined in the context of the
screening process, as well as in the framework of the mechanism for collective evaluation of the enactment,
application and effective implementation by the applicant countries of the acquis of the European Union in the
field of Justice and Home Affairs, set up under the Joint Action of 29 June 1998 (OJ L 191 of 7 July 1998, p. 8).

3.
The Council has collected information on this subject in the context of the exchange of information at
expert level between Member States and the Central and East European countries and Cyprus. From that
information it appears that the smuggling in or out of aliens is a punishable offence in each of these candidate
countries with penalties including terms of imprisonment, fines and confiscation.

(1999/C 289/119)

WRITTEN QUESTION E-3794/98

by Gerhard Hager (NI) to the Commission

(11 December 1998)

Subject: The fight against trafficking in illegal immigrants; eastward enlargement

The fight against trafficking in illegal immigrants has been identified as a major interest of the Union in view of
the forthcoming enlargement. However, according to my information in some of the candidate countries the
trafficking in foreigners is not yet even a criminal offence.

1.

Can the Commission confirm this fact in the light of the information at its disposal?

2. Which candidate countries are involved?