Opinion of the Committee of the Regions on Proposal for a Council Directive on minimum standards for the qualifications and status of third-country nationals and stateless persons as refugees or as persons who otherwise need international protection
Date: 2002-05-16
Institutions: European Committee of the Regions
Subjects: EU programme, administrative cooperation, cooperation policy, immigration, integration of migrants, migration control, right of asylum

C 278/44

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Official Journal of the European Communities

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Opinion of the Committee of the Regions:

— on immigration policy:

‘Communication from the Commission to the Council and the European Parliament on a
common policy on illegal immigration’,

‘Proposal for a Council Decision adopting an action programme for administrative cooper-
ation in the fields of external borders, visas, asylum and immigration (ARGO)’,

‘Communication from the Commission to the Council and the European Parliament on an
open method of coordination for the Community immigration policy’, and

— on asylum policy:

‘Proposal for a Council Directive on minimum standards for the qualifications and status of
third-country nationals and stateless persons as refugees or as persons who otherwise need
international protection’,

‘Commission Working Document — The relationship between safeguarding internal security
and complying with international protection obligations and instruments’

‘Communication from the Commission to the Council and the European Parliament on the
common asylum policy, introducing an open coordination method’

(2002/C 278/13)

THE COMMITTEE OF THE REGIONS,

having regard to the Communication from the Commission to the Council and the European Parliament
on an open method of coordination for the Community immigration policy (COM(2001) 387 final), the
Communication from the Commission to the Council and the European Parliament on the common
asylum policy, introducing an open coordination method (COM(2001) 710 final), the Communication
from the Commission to the Council and the European Parliament on a common policy on illegal
immigration (COM(2001) 672 final), and the Commission Working Document — The relationship
between safeguarding internal security and complying with international protection obligations and
instruments (COM(2001) 743 final);

having regard to the decision of the European Commission of 21 January 2002, under the first paragraph
of Article 265 of the Treaty establishing the European Community, to consult the Committee on this
matter;

having regard to the Proposal for a Council Directive on minimum standards for the qualifications and
status of third-country nationals and stateless persons as refugees or as persons who otherwise need
international protection [COM(2001) 510 final — 2001/0207 (CNS)];

having regard to the decision of the Council of 15 November 2001, under the first paragraph of
Article 265 of the Treaty establishing the European Community, to consult the Committee on this matter;

having regard to the Proposal for a Council Decision adopting an action programme for administrative
cooperation in the fields of external borders, visas, asylum and immigration (ARGO) [COM(2001) 567
final — 2001/0230 (CNS)];

having regard to the decision of the Council of 7 November 2001, under the first paragraph of Article 265
of the Treaty establishing the European Community, to consult the Committee on this matter;

having regard to its Bureau’s decision of 6 February 2002 to instruct the Commission for External
Relations to draw up an opinion on the matter;

having regard to the draft opinion (CdR 93/2002 rev.) adopted by the Commission for External Relations
on 3 April 2002 [rapporteur: Councillor Ruth Bagnall, Cambridge City Council (UK-PES)];

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whereas the Committee of the Regions welcomes the opportunity for joint consideration of draft
directives and programmes on the legally separate but in practice closely related fields of asylum and
immigration;

whereas the Committee of the Regions notes that the documents under consideration in this Opinion
form part of a package of policy measures being developed in connection with the establishment of a
common European asylum system and a common approach to migration, including consideration of
human rights and economic, demographic and political developments in both the EU Member States and
countries of origin and transit of migrants of all kinds;

whereas the Committee of the Regions recognises the sensitivity of Member States’ concern over issues of
sovereignty in areas of nationality and national security;

whereas the Committee of the Regions reinforces the value and requirement for common policies and
procedures in respect of asylum policy by virtue of our responsibilities towards those seeking asylum
under the 1951 Geneva Convention;

whereas the Committee of the Regions reinforces the value and requirement for common policies and
procedures in respect of immigration policy on both legal and illegal immigration;

whereas the Committee of the Regions seeks to promote and enhance the capacity of local and regional
authorities in the EU, in the candidate countries for EU enlargement and in the countries of origin and
transit of migration flows, as direct service providers, partners with other statutory and voluntary service
providers, and community leaders, at the point of service provision to asylum seekers and refugee/
immigrant communities, and the closest point of political accountability towards our respective
electorates,

adopted the following opinion at its 44th plenary session of 15 and 16 May 2002 (meeting of 16 May).

Regarding immigration policy, the Committee of the Regions
wished to express its views on the following documents:

integrity of border controls and step up the sanctions against
those who seek to profit from illegal migration through people
trafficking and the employment of illegal migrant workers;

— Communication from the Commission to the Council
and the European Parliament on a common policy on
illegal immigration;

— Proposal

for a Council Decision adopting an action
programme for administrative cooperation in the fields of
external borders, visas, asylum and immigration (ARGO);
and

— Communication from the Commission to the Council
and the European Parliament on an open method of
coordination for the Community immigration policy.

The Committee of the Regions

1. welcomes the Commission’s commitment to developing
a better understanding of migration patterns ‘in the round’,
including the effect on asylum seekers and the asylum system
of new policies both to develop and promote legal means of
migration and take steps to combat irregular migration;

2. welcomes the Commission’s commitment to establishing
a series of actions and initiatives designed to reinforce the

3.
draws attention to the complementary role of social and
economic development in the countries of origin and transit
of migratory flows;

4. welcomes consideration of the establishment of safe
routes for asylum including provision for the processing of
asylum applications outside the EU, but recognises that even
so some refugees may need to resort to irregular means of
entry into the EU and that this should not prejudice the
assessment of their asylum claim per se;

5.
considers that local and regional authorities should be
invited to contribute to the development of national action
plans. This will also facilitate comparing and identifying best
impact and the results of
practice and analysing the real
strategies adopted by Member States, and points out that the
open coordination method should not take the place of

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legislative work in areas where the Community has strong
powers, but its procedures could be usefully applied in a
reduced form in coordinating Member States’ policies;

Regarding asylum policy, the Committee of
wished to express its views on the following documents:

the Regions

6. welcomes the recognition of the role of local and regional
authorities alongside other players in integrating migrant
workers into civil society and the labour market in the EU;

— Proposal for a Council Directive on minimum standards
for the qualifications and status of third country nationals
and stateless persons as refugees or as persons who
otherwise need international protection;

7. welcomes the identification of the need to allow the
candidate countries to take part as of now in an exchange of
information between the Member States and emphasises the
need to involve the local and regional authorities of the
candidate countries in this process;

— Commission Working Document — The relationship
between safeguarding internal security and complying
with international protection obligations and instru-
ments; and the

8. welcomes the proposal for a Community Action Pro-
gramme for raising awareness and building the capacity of
organisations involved at all levels in the implementation of
integration strategies;

9.
notes that the differences between EU Member States’
legislation on the entry and residence of migrants mean
that would-be immigrants are blocked from entering certain
Member States;

— Communication from the Commission to the Council
and the European Parliament on the common asylum
policy, introducing an open coordination method.

The Committee of the Regions

acknowledges and welcomes the Commission’s commit-

12.
ment to the primacy of the 1951 Geneva Convention;

— regrets that the result of this situation is to compel
neighbouring Member States,
through which such
migrants pass, to set up long-term reception centres for
them;

13.
believes that it is absolutely essential to consider the
impact of the events of 11 September 2001 in relation to both
national and international security;

— calls upon the European Commission and the Member
States to take urgent steps to harmonise their respective
laws and to establish proper cross-border cooperation,
opening the way to a final resolution of the difficult
position in which both migrants and their hosts are
placed;

— hopes that

the multi-annual ARGO programme on
administrative cooperation in the field of asylum and
immigration will soon be implemented;

acknowledges the obligations on local and regional
14.
authorities to act as community leaders in respect of the
integration of refugee and immigrant communities in the
Member States of the EU;

15. wishes to underline the importance of involving asylum
seekers and refugees themselves in the development of services
delivered at local and regional level, as a means of achieving
relevant and effective services and a first step in promoting the
active integration of refugees into civic and working life in the
EU Member States;

10.
recommends the explicit inclusion in the ARGO pro-
gramme of local and regional authorities and their national
representative networks
authorities,
research institutions and NGOs as partners in the implemen-
tation of measures outlined in these policy proposals;

alongside national

16. welcomes the commitment of the EU Member States to
establishing common standards for the qualification and
content of refugee status;

11. welcomes the commitment to further involvement of
the Committee of the Regions alongside other European
institutions in the development and implementation of the
Community immigration policy.

17.
notes that despite the introduction of legislative and
regulatory measures designed to reduce inequalities in pro-
vision across the EU, there will still be a continued ‘clustering’
of asylum seekers/refugee communities both in different
Member States and in different localities and regions of the
Member States due to differential standards, cultural ties and

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geographical factors. This will have a direct and differential
impact on the capacity of local and regional authorities to
provide for the needs and entitlements of asylum seekers and
refugee/immigrant communities alongside other members of
the community in our respective localities. This differential
impact reinforces the requirement for Member States to
resource local and regional authorities appropriately according
to the diversity of their needs, including provision for specific
action to set up and consolidate local authority reception
centres, with coordination at regional and national level;

and mental abuse including torture may require services which
local and regional authorities and their partner bodies in
service provision are unaccustomed to provide. Given that
rape may be used as a form of torture and may require
specialist services which meet these specific needs, access
to women doctors, interviewers and interpreters should be
provided for women asylum seekers separately from other
family members, in order to facilitate the disclosure of any
sexual abuse;

18. welcomes the commitment to draw on existing best
practice in Member States and reinforces its call for local and
regional authorities to be able to make their contribution to
sharing best practice at EU level;

19.
regarding the entitlement of those qualifying for refugee
status to have access to the services and opportunities which
may be provided or co-ordinated by local and regional
authorities in partnership with other authorities and agencies,
considers that for the most part the expectation is that those
qualifying for refugee status will be entitled to the same access
to these services as nationals of EU Member States, but
recognises that in some respects those qualifying for subsidiary
protection status may have different entitlements, e.g. access
to the labour market;

20.
considers that specialised services may be required
outside the norm of provision to many EU member state
nationals, e.g. the provision of information in a relevant
language,
legal advice, health and psychological care, and
services which respond to the vulnerability of unaccompanied
minors and those with other special needs, and that local and
regional authorities (or other service providers) should have
support in bearing any additional costs incurred, through
resources such as may be available through the European
Refugee Fund;

considers that translation and interpretation (including
21.
communication of concepts of entitlement to social welfare
which may not be the norm in countries of origin) is a critical
support service for asylum seekers, refugees and the service
providers in housing, health, education and training, social
welfare etc. who seek to support these people;

22.
considers that in the case of health and psychological
care, asylum seekers and refugees who have suffered physical

considers that

23.
the availability of specialist support
services is often limited to large conurbations with existing
refugee populations. Lack of access to such services is a
disincentive to dispersal of refugee communities which tends
to exacerbate the concentration of refugee communities in
particular localities and regions. The development of specialist
support services throughout the regions of the EU Member
States would also help facilitate the equal distribution across
the EU of people seeking protection;

24.
notes the establishment of the European Refugee Fund
which can be drawn on to support the development of
relevant services for refugees and recommends a programme
of promotion of the Fund to the relevant agencies throughout
the EU, also drawing in local and regional authorities and their
national-level representation networks as partners for the
coordination of such services. Other EU programmes such as
Equal which aims to promote social inclusion through support
to disadvantaged groups and those facing potential discrimi-
nation in access to education and employment, and which
makes explicit provision for meeting the needs of asylum
seekers, should be promoted alongside the ERF as resources
which can be drawn on by local and regional authorities to
support the integration of refugees into society and the labour
market;

25.
considers that local and regional authorities should be
invited to contribute to the development of national action
plans. This will also facilitate comparing and identifying best
practice and analysing the real
impact and the results of
strategies adopted by Member States, and points out that the
open coordination method should not
take the place of
legislative work in areas where the Community has strong
powers, but its procedures could be usefully applied in a
reduced form in coordinating Member States’ policies;

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26. welcomes the recognition of the role of
local and
regional authorities alongside other players in developing a
common asylum system, but regrets that the elements of the
system described in the relevant proposed guideline (the
second guideline) relate only to the administration of the
asylum claim and not to the support services local and regional
authorities are likely to be involved in delivering during the
course of the asylum reception period;

27. welcomes the recognition of the role of
local and
regional authorities alongside other players in developing
integration strategies: however, access to support services and

preparation for the eventual outcome of either a positive
decision on refugee status, or refusal, should be part and parcel
of the asylum reception process;

28. welcomes idea of allowing the candidate countries to
take part even at this early stage in an exchange of information
and emphasises the need to involve the local and regional
authorities of the candidate countries in this process;

29. welcomes the commitment to further involvement of
the Committee of the Regions alongside other European
institutions in the development and implementation of the
Community asylum policy.

Brussels, 16 May 2002.

The President

of the Committee of the Regions

Albert BORE

Resolution of the Committee of the Regions on ‘Sustainable development: World Summit on
Sustainable Development — Johannesburg, 2002’

(2002/C 278/14)

THE COMMITTEE OF THE REGIONS,

having regard to the Conclusions of the Presidency of the Gothenburg European Council of 15 and
16 June 2001;

having regard to the Decision of the European Council of 4 March 2002 on the approval, on behalf of
the European Community, of the Kyoto Protocol to the United Nations Framework Convention on
Climate Change and the joint fulfilment of commitments thereunder (COM(2001) 579 final);

having regard to the Communication from the Commission to the Council and European Parliament
entitled Ten years after Rio: Preparing for the World Summit on Sustainable Development in 2002
(COM(2001) 53 final);

having regard to the Opinion of the Committee of the Regions of 14 November 2001 on the Commission
Communication entitled Ten years after Rio: Preparing for the World Summit on Sustainable Development
in 2002 (CdR 37/2001 fin) (1);

having regard to the Commission’s Communication to the European Parliament, the Council, the
Economic and Social Committee and the Committee of the Regions ‘Towards a global partnership for
sustainable development’ (COM(2002) 82 final);

having regard to the Communication from the Commission of 5 December 2001 to the European
Parliament, the Council, the Economic and Social Committee and the Committee of the Regions: the
Commission’s work programme for 2002 (COM(2001) 620 final);

(1) OJ C 107, 3.5.2002, p. 9.