Proposal for a comprehensive plan to combat illegal immigration and trafficking of human beings in the European Union
Date: 2002-06-14
Institutions: Council of the European Union
Subjects: EU policy, fight against crime, illegal migration, immigration, trafficking in human beings

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Official Journal of the European Communities

C 142/23

PROPOSAL FOR A COMPREHENSIVE PLAN TO COMBAT ILLEGAL IMMIGRATION AND
TRAFFICKING OF HUMAN BEINGS IN THE EUROPEAN UNION

(2002/C 142/02)

TABLE OF CONTENTS

I.

II.

INTRODUCTION

MEASURES AND ACTIONS

A.

Visa Policy

I.

II.

Uniform visa and security standards

Creation of common administrative structures

III.

Development of a European Visa Identification System

B.

Information exchange and analysis

I.

II.

Statistics

Gathering information, intelligence and analysis

III.

Development of the Early Warning System

C.

Pre-Frontier Measures

I.

II.

Advice and support by liaison officers

Financial and technical support for actions in third countries

III.

Awareness-raising campaigns

D. Measures relating to border mangement

I.

II.

III.

IV.

Border management in a common area

Controls at sea borders

Common curriculum and training

Border management cooperation and performance by joint teams

E.

Readmission and return policy

I.

II.

III.

Establishing a joint approach/cooperation between the Member States for the purposes
of implementing return measures

Readmission agreements with third countries

Transit of returnees

IV. Minimum common standards for return procedures

F.

G.

Europol

Penalties

I.

II.

III.

IV.

V.

Smuggling of Human Beings

Trafficking in human beings

Illegal Employment

Illegal immigration and financial benefits

Carrier Liability

III.

EVALUATION OF THE PLAN

ANNEX

Page

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1.

2.

3.

4.

I.

INTRODUCTION

The European Council meeting at Laeken on 14 and
15 December 2001 reaffirmed its commitment to the
policy guidelines and objectives defined at Tampere
regarding the creation of an area of freedom, security and
justice in the European Union, and considered that the
objective of bringing about within that area a true
common asylum and immigration policy implies, as well
as the establishment of various instruments, integration
of the policy on migratory flows into the Union’s foreign
policy, in that it called for an action plan to be developed
on the basis of the Commission communication on illegal
immigration and the smuggling of human beings.

The prevention of and the fight against illegal immi-
gration are essential parts of the common asylum and
immigration policy of the European Union. With the
entry into force of
the Treaty of Amsterdam, new
competences have been created, with the inclusion of the
new Title IV in the Treaty establishing the European
Union. While Article 62 of the same Treaty is the legal
basis for regulations relating to border controls and visa
policy, Article 63(3) refers explicitly to measures on
illegal
including
repatriation of illegal residents. Moreover, since facili-
in most cases,
immigration involves,
tation of illegal
organised criminal networks operating at an international
level, the relevant provisions of Title VI of the Treaty on
European Union on police and judicial cooperation in
criminal matters (Articles 29, 30 and 31 of the Treaty on
European Union) also apply.

immigration and illegal

residence,

The Vienna Action Plan of the Council and the Com-
mission on how best to implement the provisions of the
Treaty of Amsterdam on an area of freedom, security and
justice, of December 1998, mentioned that in line with
giving priority to controlling migration flows, practical
proposals for combating illegal immigration more effec-
tively needed to be brought forward swiftly.

In addition, the European Council emphasised in the
conclusions of its Tampere summit of October 1999 the
need for more efficient management of migration flows
at all stages and to tackle illegal
immigration at its
source. Moreover, the European Council called for closer
cooperation between Member States and confirmed the
requirement for new Member States to accept in full the
relevant acquis including the standards which have been
set within the Schengen cooperation. Within the frame-
work of the Council, the common interest in the fight
against illegal immigration, the need for cooperation and
the determination to combat networks was highlighted
again by the agreement reached on the Directive defining
the facilitation of unauthorised entry, movement and
stay, and the accompanying Framework Decision on the
strengthening of the penal framework to prevent the

facilitation of unauthorised entry and residence, as well
as the Directive concerning the harmonisation of financial
penalties imposed on carriers transporting into the terri-
tory of the Member States third country nationals lacking
the documents necessary for admission.

5.

The Commission has consolidated a first set of objectives
to enhance the fight against illegal immigration in the
‘Scoreboard’ reviewing progress on the creation of an
area of freedom, security and justice in the European
Union. Besides improvements in the exchange of infor-
mation and statistics,
the fight
against trafficking in human beings and the economic
exploitation of
immigrants is mentioned, as well as
cooperation with countries of origin and the establish-
ment of a coherent common policy on readmission and
return.

the enhancement of

6. Accordingly, on 15 November 2001 the Commission
adopted its communication to the Council and the
European Parliament on a common policy on illegal
immigration, in which the Council of the European Union
is invited to approve, at the earliest opportunity, an
Action Plan to prevent and combat illegal immigration,
indicating which actions must be given priority.

A. Dimensions of the phenomenon

7.

8.

Illegal immigration is multifaceted in terms of the individ-
uals concerned and the patterns of their illegal entry and
residence. First there are those who illegally enter the
territory of a Member State. This can take place either
with an illegal border crossing or at a border post using
false or forged documents. Often these illegal entries
happen on an individual and independent basis. However,
illegal entries are increasingly organised by facilitators,
who provide transport, temporary shelter, travel docu-
ments,
information, surveillance or other supportive
services starting in the countries of origin, continuing in
transit countries and ending in the country of destination.
The price of smuggling services is very high, so that many
illegal immigrants have to hand over most or all of their
savings. In cases where illegal immigrants are not able to
pay the price, they often become victims of traffickers,
who employ exploitative means to gain ‘reimbursement’
for the cost of the journey.

There are also a large number of illegal residents in the
European Union who have entered with a valid visa or
residence permit but have ‘overstayed’. Others simply
enter with valid travel documents, when their nationality
is exempted from a visa requirement for a short-term
stay. This legal residence, however, becomes illegal, when
the person concerned embarks on self-employed or
employed activities not authorised by the visa exemption
or the visa obtained. In many cases persons with a proper

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residence and work permit simply overstay their period
of legal residence or violate residence regulations in other
ways.

C. Relations with third countries

9. Owing to the nature of undocumented residence it is not
possible to assess the exact proportions between the
different categories of illegal residents. It seems clear,
however, that each one represents a significant part of
the whole phenomenon of illegal immigration and that
any future action needs adequately to address each
category. To do so effectively, however, requires further
in-depth analysis of the phenomenon, so as to be able
better to determine the adequate instruments for the
different categories of illegal residents and patterns of
illegal residence.

10. Accordingly, further efforts to analyse the patterns of
illegal residence in the European Union must be encour-
aged in order to adjust future measures more specifically
to the real problems which need to be tackled to prevent
and fight illegal immigration effectively.

B.

International obligations and Human Rights

11. Measures relating to the fight against illegal immigration
have to balance the right to decide whether to accord or
refuse admission to the territory to third country nationals
and the obligation to protect those genuinely in need of
international protection. This concerns,
in particular,
obligations for protection arising from the European
Convention on Human Rights, particularly Article 3
thereof, and the Geneva Convention on Refugees, most
notably Articles 33 and 31. The latter Article lays down
that ‘States shall not impose penalties, on account of their
illegal entry or presence, on refugees who, coming directly
from a territory where their life or freedom was threatened
in the sense of Article 1, enter or are present in their
territory without authorisation, provided they present
themselves without delay to the authorities and show
good cause for their illegal entry or presence’.

12. Effective action against

immigration plays an
illegal
essential part in contributing to public acceptance of
admission for humanitarian grounds by preventing mis-
use of the asylum system. Nevertheless, the fight against
illegal immigration has to be conducted in a balanced
way. Member States should, therefore, explore possibiliti-
es of offering rapid access to protection so that refugees
do not need to resort to illegal immigration or people
smugglers. Whatever measures are put into practice to
fight illegal immigration, the specific needs of potentially
vulnerable groups like minors and women need to be
respected.

13. Efforts on migration management cannot have their full
impact if measures are not implemented at the beginning
i.e. the promotion of peace,
of the migration chain,
political stability, human rights, democratic principles
and sustainable economic, social and environmental
development of the countries of origin. To that end,
migration issues should be integrated in the existing
partnerships, which are the general framework of our
relations with third countries.

14.

In the context of enlargement the candidate countries
have to adopt, in their domestic legislation and practices,
the existing EU acquis on the fight against illegal immi-
gration. This also implies full acceptance of the Schengen
acquis as stated in Article 8 of the Schengen Protocol; the
candidate countries are also required to produce detailed
national Action Plans for implementation of the Schengen
acquis.

15. Cooperation should also be further developed with transit
countries. Smugglers of human beings use different
modes of transportation and different routes for their
illegal activities. Usually, direct connections from the
main source countries are not available. Thus, transit
through third countries is the norm. Illegal immigrants
take advantage of gaps at border controls and other
deficiencies in control measures. Some transit countries
show a certain reluctance to deal with irregular migration
flows properly due to their interest in not becoming a
country of destination. It is necessary, therefore, to enter
into a dialogue with transit countries in order to support
their effort to deal with the problem.

16. The European Union and its Member States should
continue to participate actively in other international fora
and to conclude multilateral agreements on the subject.
Further international cooperation could also facilitate and
promote third country cooperation and other efforts
which aim to fight illegal
immigration. In particular,
when measures on illegal immigration are conducted in
third countries, the expertise of international organis-
ations, such as UNHCR, could be very helpful in many
respects. First, such organisations could confirm that
measures do comply fully with justified needs for protec-
tion. Secondly, effects of synergy could result by using
existing infrastructures instead of establishing new ones.
Finally, such an involvement could lead to a better mutual
understanding among those involved.

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D.

Enforcement of existing rules

the reinforcement of the area of freedom, security and
justice.

17. Obviously, a legal framework for the fight against illegal
immigration already exists in all European Union Member
States as do regulations on the issuing of visas, border
controls, illegal entry and stay, on smuggling, trafficking,
illegal employment and carrier liability. Certain common
principles on these issues have been laid down in several
Recommendations under the regime of the Maastricht
Treaty. In addition, and much more importantly, a large
number of binding rules has been established within the
Schengen framework. The importance of the evaluation
of the Schengen acquis is worth mentioning in this
respect.

18.

It does not make any sense to introduce new rules or to
harmonise rules at European Union level,
if present
regulations are not enforced with sufficient resources
importantly, the necessary will. Common
and, most
efforts are condemned to fail, if Member States’ services
and practices do not follow the rules adopted in common,
i.e. relating to the issuing of visas and external border
controls. Whether as countries of transit or destination,
Member States must, therefore, work intensively towards
a genuine partnership based on mutual confidence in
each others law enforcement activities.

19. The creation of an area of freedom, security and justice
requires all Member States to apply common rules
effectively. The common security system is only as strong
as its weakest point. Consequently, it is crucial to enforce
existing rules properly as a main priority.

20. Whatever the circumstances, the Action Plan should
be carried out while taking into account the relevant
Community law.

E.

Penalties

21.

Illegal activities, which are regularly connected with
irregular migration flows, are a major common concern
in all Member States. Trafficking and smuggling in human
beings especially are seen as totally unacceptable. The
appropriate provisions have, therefore, to be put in place.
At European Union level, no Member State must be
considered as a place for committing unlawful acts. This
would strengthen the scope of justice in the Union and
send a clear signal that Member States are willing to
impose severe penalties. In Tampere Conclusions No 23,
the European Council therefore urged the adoption of
legislation providing for severe penalties for serious
crimes, and in Laeken Conclusions No 45 the Council
stated that efforts to surmount the problems arising from
differences between legal systems should continue within

22. The UN Convention against Transnational Organised
Crime signed in Palermo on 12 to 15 December 2000
and its two accompanying Protocols on trafficking in
persons and smuggling of migrants now form the basis
for a global recognition of the problem and a comparable
approach to tackling it. It is, therefore, essential to ensure
a swift ratification of these instruments as well as a
coordinated implementation of their provisions at EU
level.

II. MEASURES AND ACTIONS

A. Visa Policy

23. According to Article 61 of the Treaty establishing the
European Community, visa policy is a directly related
flanking measure to the free movement of persons with
respect to external border controls. Whilst facilitating
the free movement of persons, visa policy can also
significantly contribute to the prevention of illegal immi-
gration and to the fight against terrorism. Visa policy
alone cannot, however, counter illegal immigration relat-
ing, for example, to third country nationals who enter
legally but ‘overstay’.

24. The adoption of the Council Regulation listing the third
countries whose nationals must be in possession of visas
when crossing the external borders and those whose
nationals are exempt from that requirement, provides
further development for an harmonised visa policy and
instrument for preventing entries into the Member States
territory of non-authorised persons.

25. Given the constant changes in migratory flows, these lists
should be reexamined annually without prejudice to the
standard machinery laid down in the Regulation for
reviewing the lists.

I. Uniform visa and security standards

26. Security and identification issues have been covered by
the use of secure documents, which should allow for
clear identification of the person concerned. In addition,
travel documents aim to prove that the holder is entitled
to exercise certain rights. Since travel documents have
existed, they have been targets of forgery and fraudulent
use for obvious reasons. States have, therefore, tried on
an ongoing basis to raise the security standard of these
documents. An example of a very successful cooperation

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in the field of security documents is the evolution of
the EU/Schengen visa sticker. Based on the Council
Regulation (EC) No 1683/95 of 29 May 1995 laying
down a uniform format
it has become a
document of
the highest standard, effective against
counterfeiting or attempts at falsification. Third countries
should also be encouraged and even supported to
strengthen their efforts in order to render their travel
documents more secure.

for visas,

forged documents, access to online databases of sample
travel documents, secured storage conditions for blank
visa stickers etc.). In addition, staff sharing would also
mean sharing of experience and know-how in the field
of risk assessment of illegal
immigration or potential
overstayers. In a medium or long-term perspective, one
more substantial positive outcome of joint visa posts
would consist of more uniform implementation of the
common rules and the reduction of visa shopping.

27. Accordingly, measures aimed at improving the security
of the visa and of the residence permit based on new
technologies should be adopted. Consideration should be
given in particular to including in visas and, where
appropriate, in residence permits, not only a photograph
of the applicant but also his or her biometric data.

II. Creation of common administrative structures

28. The Tampere Conclusions (No 22) stressed that ‘a com-
mon active policy on visas and false documents should
including closer cooperation
be further developed,
between EU consulates in third countries and, where
necessary, the establishment of common EU visa issuing
offices.’

29. For this common policy on visas to be developed in
line with the approach referred to in the Tampere
Conclusions,
it is essential as a first step to increase
cooperation between Member States’ diplomatic and
consular representations in the countries generating the
migratory flows.

30.

Information exchange on visa-issuing practices and trends
in document forgery already takes place both formally
and informally. This useful cooperation should be further
promoted and enhanced by mutual assistance in the
training of staff. It is also common practice in several
places to represent other Member States in countries
where a Member State does not have its own represen-
tation.

31.

In this context, the idea of joint visa offices has been
raised, but hitherto without any concrete result, due to
practical, legal and cost-sharing difficulties; progress must
therefore be made in examining the possibility of setting
up such joint visa offices as requested in the Laeken
Conclusions (No 42).

32. However, it seems quite obvious that one of the expected
advantages of joint visa posts would be to reduce the cost
of issuing visas. Such a burden-sharing approach could
provide the financial means needed by the Member States
in order to improve the technical equipment used for the
purposes of issuing visas (detection of counterfeit or

33. Accordingly, quite apart from the vital importance of
increasing collaboration at local consular level, measures
should be adopted progressively with a view to the
establishment of joint visa offices, given the requirement
for better management of external border controls laid
down in the Laeken Conclusions. In the short-term, any
possible initiatives by the Member States on setting up
joint offices or infrastructures could be carried out in
Pristina as a priority pilot project. At the same time, a
feasibility study on the legal, technical and financial issues
raised by the creation of integrated joint consular offices
would be carried out.

III. Development of a European Visa Identification System

34. The creation of common administrative structures could,
in itself, be a major step forward in harmonising Member
States policies and practices with regard to visas. Never-
theless, a complementary approach could be envisaged
making use of the possibilities of modern communication
and computer technology.

35. The Laeken Conclusions No 42 also note that the Council
and the Member States must take steps to set up a
common visa identification system. It has been suggested
that this system could be supplemented by introducing a
central register of aliens resident in Europe.

36.

In the context of the prevention of terrorist threats, the
conclusions of the JHA Council held on 20 September
2001 invited the Commission to make proposals on the
creation of a system to be used for the purpose of
exchanging information on issued visas. A series of
reflections and feasibility studies should be instigated and
could explore whether such a common electronic system
could complement the concept of security documents in
order to create a dual identification process based on
secure documents and a database.

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37.

In order to ensure that the services responsible have
information which is as full and helpful as possible, this
database should not only contain details of visas issued
but also data concerning visas applied for and refused.

38. Such a system could include information which is already
gathered or required from the visa applicant today, such
as personal particulars. In addition, an electronic photo
could be taken and stored, together with the biometric
data of the applicant. Travel documents should also be
scanned and stored, which would have two major
advantages. First, subsequent manipulations of the travel
document could be easily detected by comparison of the
travel document with its image. Secondly, the stored
image of the travel documents could be used to obtain
new travel documents quickly, when a person is obliged
to leave the country but tries to conceal his or her
identity. Anyway, the development of such a system
should be based on a clear definition of needs and
objectives as well as a thorough evaluation of existing
initiatives (including the possibilities already offered by
the SIS and VISION) and resources to be mobilised.

39. Any such system should be devised in conformity with

current rules on the protection of personal data.

40. Accordingly, urgent measures for establishing a common
visa identification system should be adopted, without
prejudice to an examination of any possible technical or
legal problems that might arise.

B.

Information exchange and analysis

I.

Statistics

41.

It is a widely shared assessment that the level of legal as
well as illegal
immigration is significant and cannot
be neglected due to its social, economic and political
implications in the countries of destination. However, by
definition it is impossible to have a clear picture of the
scale of the phenomenon of illegal immigration in the
Member States of the European Union. An estimate of
the scale of illegal migration can only be derived from
existing hard data which have a link to the phenomenon
such as refused entries, apprehensions of
illegals at
the border or in the country, rejected applications for
international protection, applications for national regular-
isation procedures and escorted or forced returns.

42. The Council of May 2001 decided to introduce a public
annual report consisting of a statistical overview and an
analysis for the purpose of discussing trends in asylum
and migration flows and the relevant policy developments

in the European Union. This would include a section
analysing data on illegal immigration.

43. Accordingly, the necessary measures should be adopted
to provide Member States with statistical data reliable
enough to analyse at regular intervals both legal migratory
flows and illegal immigration.

II. Gathering information, intelligence and analysis

44. However, mere figures are not sufficient for understand-
ing the phenomenon and to prepare decisions for operat-
ive purposes. This requires further in-depth analysis of its
causes, the methods of entry and the consequences for
our societies. Member States have gathered considerable
information and have gained expertise in this field, but
the European dimension to the phenomenon has not yet
been sufficiently explored. Although formal and informal
networks for the exchange of information have been
developed over the years for this purpose, modernisation
of the exchange of statistical information on a European
level is required to enable the Community to develop
adequate common policies in conjunction with the
measures for Europol contained in this comprehensive
Plan.

45.

In order to establish constant
information exchange
among Member States, a centre for information exchange,
CIREFI, has been set up in which, on a nearly monthly
basis, experts from Member States share information, in
particular on current trends in irregular migratory flows.
However, this form of cooperation should be strength-
ened, requiring more intense networking among Member
States’ operational services, especially in the field of
analysis. In this context,
it is useful to analyse how
existing instruments might be put to better use.

46. Accordingly, among other initiatives to be undertaken in
this field, a feasibility study shall be carried out with a
view to developing a European system for exchanging
information on asylum, migration and countries of origin,
as provided for in the Laeken Conclusions (No 40).

III. Development of the Early Warning System

47. With a Council Resolution of May 1999 an early warning
system for the transmission of information on illegal
immigration and facilitator networks has been intro-
duced. The aim was to set up a standardised, permanent
communication framework enabling a Member State to
report illegal migration phenomena instantly.

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48. However, the Early Warning System (EWS) is still in a
rudimentary phase. The main problems are insufficient
use, a lack of information distribution within the Member
States’ services involved and poor technical infrastructure.
As a first step common guidelines, concerning cases in
which the system should be used, could be further
elaborated. Nevertheless, the administrative and technical
infrastructure seems to be the key obstacle. Operational
services have to be given the chance to deliver and to
obtain information as easily as possible, seven days a
week, 24 hours a day. That is the reason why the early
warning system should be developed as a web-based
this
secure intranet site. Admittedly,
approach depends very much on the possibility of
operational services accessing the system without diffi-
culty.

the success of

49. Accordingly, measures designed to implement and
administer an early warning system more developed than
the existing one should be adopted.

C. Pre-Frontier Measures

analysis by the CIREFI Working Party, in conjunction
with the development of the Early Warning System.

II.

Financial and technical support
countries

for actions in third

53. While applying the actors-in-the-chain approach, it is
essential to support targeted measures in the countries of
origin and transit. Some of these forms of assistance were
already identified in the conclusions of the Tampere
European Council with a view, in particular, to helping
these countries to strengthen their capacity to combat
trafficking in human beings, and to cope with their
readmission obligations. In the same context, it is worth
making mention of the Action Plans prepared by the
High-Level Working Group on Asylum and Migration.

54.

In this framework, targeted migration and asylum projects
could be financed in the following areas:

— support for asylum seekers infrastructure,

I. Advice and support by liaison officers

— development of public registration structures,

50. First steps have been taken to develop the concept of
liaison officers in countries of transit and origin and
to coordinate these efforts among Member States. In
accordance with the conclusions adopted by the Council
in November 2000 and May 2001, networking is being
intensified among liaison officers of Member States, for
example in cooperation in the Western Balkans area.

51.

In the future, the EU should continue to build up the
network of immigration and airline liaison officers by
promoting closer cooperation. Permanent information
exchange between immigration and airline liaison officers
as well as with police liaison officers and other intelligence
officers of Member States must be guaranteed. Common
training must be conducted regularly on the basis of
previously defined tasks and assignments and the mutual
support of liaison officers must be encouraged.

52. Accordingly, as the coordination and adaptation of the
Member States’ actions in the use of liaison officers and
experts, as of other operators in this field, is necessary,
together with closer cooperation in boarding checks at
points of origin, measures to coordinate tasks, training
and liaison postings efficiently should be adopted, using
the experience gained in the Balkans, although this could
be extended to include other regions of strategic interest
to the European Union, involving the establishment of an
information network of all the Member States’ liaison
officers, who would draw up joint reports for subsequent

— establishment of reception centres for illegal immi-

grants in transit countries,

— awareness-raising campaigns,

— improvement of document security,

— fight against corruption,

— deployment of liaison officers,

— expert meetings, training and seminars,

— supporting returns of irregular migrants,

— improvement of border control management and

equipment.

55. Accordingly, and within the available resources, measures
to build upon national technical and financial assistance
to help third countries should be adopted within the
framework of the European guidelines on immigration,
giving particular attention to the overall coherence of the
Member States’ and the Union’s external action.

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III. Awareness-raising campaigns

56.

In No 22 of its Tampere conclusions, the European
Council mentioned information campaigns
in the
countries of origin as another instrument to influence
illegal migration. The concept of information campaigns
as such should be interpreted in a broad sense. Initiatives
aimed at raising awareness among the public at large of
the problems and risks related to illegal migration could
be considered, as well as concentrated initiatives targeted
at specific groups such as the unemployed, women or
students.

57. Accordingly, given that the preparation of information
campaigns, both by the European Union and by Member
States, requires a tailor-made solution for each country of
origin or even region, and furthermore, since the cultural
dimension is a fundamental element of such campaigns,
their elaboration has to be conducted carefully in a way
which ensures that the campaign has the desired effect
on the target region and audience.

D. Measures relating to border management

58. High-standard external border controls are an important
contribution to preventing illegal
immigration. Also
significant is that border management does not focus
solely on the immigration aspect but also on other
purposes: customs purposes, traffic security, prevention
of the entry of dangerous or illegal goods, identification
of persons wanted for arrest or extradition at a request of
a competent judicial authority, etc.

59. All these elements have to be integrated into a coherent
strategy, which should be based on the Tampere and
Laeken Conclusions. Account should be taken of the
the incoming Commission communication on border
controls as well as of the results of the feasibility study
on a European Border Guard and of the seminar on police
and border security.

I. Border management in a common area

60. The existence and improvement of external border con-
trols — which should be the subject of a risk assessment
— in a common area established by the Convention
implementing the Schengen Agreement of 14 June 1985
on the gradual abolition of checks at common borders
must not cause us to lose sight of the reality of the illegal
migratory flows within that common area,
involving
evasion of entry permits for aliens who may remain
illegally in the countries of the European Union after the
end of their legal stays.

61. Accordingly, the undesirable effects of the abolition of
checks at common borders, in particular with enlarge-
ment in prospect, such as easier illegal transit between
Member States and the obvious encouragement to net-
works trafficking in human beings, must be dealt with by
means of effective and realistic measures that prevent
transit between Member States followed by illegal estab-
lishment, but at the same time do not undermine the
freedom of movement of persons within an area of
freedom, security and justice, and take account of the
provisions of the Amsterdam Treaty, the Vienna Action
Plan and the Tampere and Laeken Conclusions.

II. Controls at sea borders

62. The statistics show that the number of illegal immigrants
arriving by sea has increased over recent years, for several
reasons (sea borders are now longer, and are difficult to
control ...).

63. This situation shows the need for the adoption of
appropriate legislative and/or operational initiatives at
European level aimed at improving sea border controls.
To this end,
the Commission is invited to conduct
a feasibility study to see how these controls can be
improved.

III. Common curriculum and training

64. As already emphasised, border checks are carried out in
accordance with uniform principles based on a common
standard. However, these elements have to be developed
further. A key factor to enhance the quality of the
cooperation could be to set up a harmonised curriculum
for border guards that takes into account the different
characteristics of national training traditions.

65. Another measure for strengthening cooperation between
border control authorities is the harmonisation of the
training of border guards. Border controls should be
carried out by a specialised service, which calls for specific
know-how. A professional border guard management
requires clearly focused education and training.
In
addition, the fact that there are different legal frameworks
should be borne in mind. Careful consideration should
be given to the possible contribution of the European
Police College (CEPOL)
these
objectives.

to the achievement of

66. Accordingly,

it should be considered whether these
specific needs might not be better met by setting up a
network of existing national training facilities offering
appropriate and targeted services like programme design,
seminars, workshops, etc. and creating the conditions for
a joint training effort.

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IV. Border management cooperation and performance by

joint teams

67. Articles 7 and 47 of the Schengen Convention call for
closer cooperation in the field of border controls. Such
cooperation may take the form of an exchange of liaison
officers. On the basis of bilateral agreements, reciprocal
secondment of liaison officers already takes place. These
liaison officers can be posted to executive border guard
authorities at the external borders. They do not carry out
any tasks relating to the sovereignty of States but advise
and support the competent border guard authorities. It
should be examined how an exchange of this kind could
be gradually improved not only by bilateral cooperation
between Member States, but also by a coherent Com-
munity approach. It is equally important to take account
of the fact that new Member States will be joining. A
study could be made of the usefulness of
technical
cooperation support facilities as referred to in the section
on the improvement of cooperation and coordination in
the operational sphere in the Commission communi-
cation to the Council and to the European Parliament of
15 November 2001 on a common policy on illegal
immigration.

68. Accordingly, without prejudice to the existing agreements
in this field between Member States, and because the
setting up of the Member States’ various operational
services and the relationship between them must be
analysed, measures should be adopted to develop and
intensify practical cooperation and coordination of bor-
der checks and surveillance and to analyse the need for
and the viability of a common external border unit.

E. Readmission and return policy

illegal

in the fight against

69. Readmission and return policy is an integral and vital
component
immigration.
Given its importance, the matter must be given proper
consideration, separately and at a more detailed level, in
preparation for which the European Commission must,
as a matter of urgency, present a Green Paper analysing
possible measures and courses of action to flesh out a
Community return policy, and it should also analyse the
instrument for
advisability of establishing a financial
implementing the return policy.

70. Nevertheless, it is already possible to highlight a number
of practical measures that should be considered for
implementation.

strengthening of the obligation under international law
to readmit own nationals, a principle that is confirmed in
the Tampere Conclusions (No 26). It should likewise be
possible to ensure that third-country nationals leave the
territory of the Member States when they have no legal
status authorising them to stay either permanently or
temporarily.

72. Nonetheless, common measures and regulations must
not be an obstacle to administrative cooperation between
Member States; such cooperation must be improved and
developed.

73.

it should be noted that a European
In this context,
Visa Identification system will significantly facilitate the
process of identifying illegal residents and the issue of
travel documents for return purposes.

74. Accordingly, without prejudice to the establishment of
common principles, progress must be made towards
closer collaboration on the issues of
transit and
readmission, of identification of illegal residents and the
issue of travel documents for return purposes.

II. Readmission agreements with third countries

75. The concept of readmission agreements, which was
endorsed in conclusion No 27 of the European Council
in Tampere, has to be developed. Nevertheless, before the
negotiation of any readmission agreement, the interests
of the European Union and of the Member States should
be taken into account.

76. However, there is no need to wait until the first Com-
munity readmission agreements that are being negotiated
by the Commission on the basis of the mandate given by
the Council are concluded and implemented to identify
without delay the third-countries generating illegal immi-
gration and negotiate and conclude new readmission
agreements with them, as provided for in the Laken
conclusions (n. 40). The EU should also use its political
weight to encourage third countries which show a certain
reluctance to fulfil their readmission obligations.

I.

Establishing a joint approach/cooperation between the
Member States for the purposes of implementing return
measures

71. A Community return policy should be based on two
elements: common principles and common measures.
One important common principle is, for example, the

77. Accordingly,

the third countries with which new
readmission agreements need to be negotiated and con-
cluded must be identified, and common measures adopt-
ed aimed at ensuring that such countries fulfil their
obligation to readmit their own nationals in accordance
with the rules already established under international law.
These agreements should also include an obligation to
readmit third-country nationals and stateless persons
coming from or having resided in the country concerned.

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III. Transit of returnees

human beings, as was also concluded by the EU Police
Chiefs Operational Task Force in March 2001.

78. Closely related to readmission is the transit issue: it is a
common finding that third-country nationals staying
illegally in the territory of the Member States have
transited through the territory of other countries and did
not arrive in the Member State concerned directly from
their countries of origin.

79. Accordingly, rules on transit of returnees should be put
in place at EU level as well as with third countries, where
appropriate.

IV. Common standards for return procedures

80. There have been differences documented in the legal
provisions governing return procedures and in the corre-
sponding administrative practices; this will hinder the
establishment in future of an effective Community return
policy for third-country nationals found to be staying
illegally in the territory of the Member States.

81. Accordingly,

it would be a good idea to analyse the
possibility of adopting measures in accordance with
Article 63(3)(b) of the Treaty establishing the European
Community to implement common standards for return
procedures.

F. Europol

82. The detection and dismantling of criminal networks are
high priorities in the fight against illegal immigration.
This action is promoted by police cooperation, in which
the role of Europol could be enhanced.

83. The purpose of Europol’s work in combating illegal
immigration is, as in other areas, to provide support to
the Member States in the prevention, investigation and
analysis of the crimes involved. Europol supplies the
elements of strategy, which contain not only explanatory
detail but also elements of conjecture. These allow for an
appropriate threat and risk assessment. Europol provides
operational support with intelligence bulletins and ana-
lytical work files. It also supports joint investigations and
operations. These joint operations, which have already
taken place, have resulted in further investigations and to
the observation, arrest and conviction of several suspects.

84. Measures should be adopted to give Europol more
operative powers to enable it to work together with
national authorities on the trafficking or smuggling of

85. Accordingly, to that end, Article 30 of the Treaty on
European Union should be fully utilised and Europol
should be empowered to:

— facilitate further and support the preparation, coor-
dination and carrying out of specific investigations
by the competent authorities of Member States,
including the operational activities of joint investi-
gation teams comprising representatives of Europol
in a support capacity,

— call on the competent authorities of the Member
States to conduct investigations in specific cases and
develop specific expertise which may be put at
the disposal of Member States to assist them in
investigating cases of trafficking or smuggling of
human beings,

— contribute, where possible and appropriate, to the
collation by law enforcement agencies of reports on
suspicious financial transactions relating to traffick-
ing and smuggling of human beings and to
exchanges of information relating to them. The
Europol Management Board is invited to consider
the
establishment of agreements with transit
countries to foster the operational exchange of
information.

G. Penalties

86. Many legal and practical instruments which the EU is
gradually introducing in closely related matters, such as
police and judicial cooperation, must also be mobilised
in a practical manner as part of a comprehensive
approach to combating smugglers and traffickers in
human beings. The liaison magistrates, where they exist,
the European judicial network, and especially Eurojust,
should focus more actively on this type of offence.
Furthermore, the adoption of the Convention on Mutual
Legal Assistance of 29 May 2000, as well as the recent
extension of its Protocol on improving mutual assistance
in criminal matters, in particular in the area of combating
organised crime and laundering of the proceeds of crime
and financial crime, will represent important tools for
increasing the effectiveness of judicial cooperation in the
fight against smuggling and trafficking.

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I.

Smuggling of Human Beings

II. Trafficking in human beings

Distinction between Smuggling and Trafficking of Human
Beings

87. The expressions ‘smuggling’ and ‘trafficking’ are often
used synonymously, although a clear distinction should
be drawn as they are substantially different. This is also
useful from a law enforcement perspective. Clarification
of the terminology and definitions has been included in
the United Nations Convention against Transnational
Organised Crime and its two accompanying Protocols on
smuggling and trafficking, which were signed in Palermo
on 15 December 2001.

88. These definitions make it clear that smuggling means
helping with an illegal border crossing and illegal entry.
Smuggling, therefore, always has a transnational element.
This is not necessarily the case with trafficking, where the
is the exploitative purpose. Trafficking
key element
in principle
involves the intent to exploit a person,
irrespective of how the victim comes to the location
where the exploitation takes place. This can involve, in
cases where borders are crossed, legal as well as illegal
entry into the country of destination. Illegal immigration
can also include trafficking aspects, but has indeed a
wider scope and relates more to the general illegal entry
and residence of persons. Illegal immigrants in a wider
sense are, therefore, not necessarily victims of traffickers.

89. Accordingly, the following points should be borne in
mind concerning the smuggling of human beings:

— as regards the issue of smuggling of migrants,
Article 27 of the Schengen Convention makes it a
requirement ‘to impose appropriate penalties on any
person who, for financial gain, assists or tries to
assist an alien to enter or reside the territory of
one of the Contracting Parties in breach of that
Contracting Party’s law on the entry and residence
of aliens’;

90. The Council has reached political agreement on a Frame-
work Decision addressing the substantial criminal law
aspects of trafficking. Furthermore,
in the legislative
measures against trafficking in human beings, it must
also be stressed that the victims must be given special
attention. The adoption of the Framework Decision on
the standing of victims
in criminal procedure on
15 March 2001 is especially relevant here. It provides
measures to safeguard for instance the victim’s right to
information and protection in relation to the criminal
procedure.

91.

It is important to clarify the status of the victims of
trafficking in terms of certain benefits or special assistance
when they are prepared to cooperate in investigations
against their exploiters. On the one hand, such a clarifi-
cation would provide a platform for more structured
assistance and protection focusing directly on the victim’s
individual situation and needs, and, on the other hand,
on the need of the law enforcement authorities to conduct
efficient investigations against traffickers.

III.

Illegal Employment

92. A significant number of illegal immigrants have entered
the country of destination legally, but overstayed the time
limits for residence because they have the opportunity to
continue working. Since the Council Recommendation
of 27 September 1996 on combating the illegal employ-
ment of third-country nationals, the sensitive issue of
illegal employment of third-country nationals has not
been tackled again in the Council. The Commission
adopted a Communication on illegal work in 1998,
which also deals with illegal employment of illegally
resident third-country nationals.

93. Accordingly,

in order to deal with the problem of
illegal immigration comprehensively, the issue of illegal
employment of illegal residents should be addressed after
the situation regarding Member States’ legislation in this
area has been studied.

IV.

Illegal immigration and financial benefits

— the Council recently reached political agreement on
a Directive defining the facilitation of unauthorised
entry, movement and stay and an accompanying
Framework Decision on the strengthening of the
penal
the facilitation of
unauthorised entry and residence.

framework to prevent

94.

tracing,

It is worth noting the progress made in preparing and
adopting standards on money laundering, the identifi-
cation,
freezing, seizing and confiscation of
means and assets from crime for the prevention and
suppression of smuggling of migrants and trafficking of
human beings.

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95. Accordingly, as a common principle, the confiscation of
all financial gains from criminal activities relating to
illegal immigration should be given priority, as should
the confiscation of the means of transport used for the
trafficking of immigrants. Therefore, rules on confiscation
have to be established and adequately enforced, if this is
not already the case. This should include provisions on
the liability of legal persons who are involved in these
activities. Penalties for legal persons could be, for instance,
the exclusion from entitlement to public benefits or the
disqualification from practising commercial activities.
Furthermore, traffickers, smugglers or legal persons who
are liable should be made fully responsible for all return-
related costs, including costs for social welfare and other
public expenditure during the stay.

V. Carrier Liability

96. Carriers today are already responsible for returning those
aliens who are refused entry on the basis of Article 26 of
the Convention implementing the Schengen Agreement
of 14 June 1985. In addition, carriers are obliged to take
all necessary measures to ensure that an alien is in
possession of valid travel documents. The Council adopt-
ed in June 2001 a Directive supplementing the provisions
of Article 26, which contains three optional models of
penalties for carriers who do not fulfil their obligations.

97. Accordingly,

the guidelines in that Directive should
be followed up to ensure that it is transposed and
implemented.

III. EVALUATION OF THE PLAN

98. As has been seen in this Comprehensive Plan to combat
illegal immigration and trafficking of human beings in
the European Union, many different measures and
courses of action must be developed and implemented
to prevent and combat illegal immigration, as an essen-
tial part of the common asylum and immigration policy
of the European Union; if the Comprehensive Plan is to
have full effect a mechanism must be set up to monitor
and appraise the initiatives proposed, the progress made
and the achievements attained.

99.

Such monitoring and appraisal must be carried out at an
appropriate level and frequently enough to be useful, in
order to ensure that the ambitious work programme
established by this instrument can be developed swiftly,
taking into account
the
phenomenon of immigration on a global scale rep-
resents.

the new dimensions that

100. Accordingly, the European Commission will have to
draw up an annual report monitoring and appraising
the Comprehensive Plan to combat illegal immigration
and trafficking of human beings in the European Union,
and this report will be submitted to the Council for
discussion.

101. The Commission’s annual report on monitoring and
appraisal will contain a ‘scoreboard’, which will also be
updated annually, showing the progress made on each
measure and course of action developed.

102. Likewise, the Commission is invited to take account of
the content of this Comprehensive Plan, including the
list of priorities, when drafting future initiatives for
submission to the Council.

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ANNEX

VISA POLICY SUMMARY OF MEASURES AND ACTIONS TO BE ADOPTED AND IMPLEMENTED IN COMBATING ILLEGAL
IMMIGRATION AND TRAFFICKING IN HUMAN BEINGS (1)

Visa policy

Uniform visa and security stan-
dards

In the short-term: improve document security on the basis of new technologies.

In the medium-term: possibly inclusion of biometric data on documents.

Creation of common administrat-
ive structures

In the short-term: run a pilot project on using joint infrastructures.

In the short-term: strenghtening the consular cooperation.

In the medium-term: bring integrated consular offices into operation.

Development of a European Visa In the short-term: conduct a feasibility study to determine the main features of the common
Identification System

In the medium-term: bring the common visa identification system into operation.

Information
exchange and
analysis

Statistics

In the short-term: annual report consisting of a statistical overview and data analysis.

In the medium-term: review of the system.

Gathering
gence and analysis

information,

intelli-

In the short-term: conduct a feasibility study with a view to developing a European system
for exchanging information, taking into account possible improvements of existing
instruments.

In the medium-term: determination of a European system for exchanging information.

Development of the Early Warning In the short-term: implement and appraise the existing Early Warning System.
System

Pre-frontier
measures

Advice and support by liaison offi-
cers

In the short-term: step up cooperation via the liaison officers’ network.

Financial and technical support for In the short-term: implement the Action Plans prepared by the High-Level Working Group
actions in third countries

on Asylum and Migration.

Awareness-raising campaigns

In the medium-term: prepare campaigns in the countries of origin and transit.

Measures relat- Border management in a common In the short-term: put into practice a risk assessment system.
ing to border
management

area

Controls at sea borders

In the short-term: conduct a feasibility study on improving sea border controls.

In the medium-term: carry out measures to improve sea border controls.

Common curriculum and training In the short-term: analyse the possible contribution from CEPOL towards improving

training.

In the medium-term: create a network of national training organisations.

Border management cooperation In the short-term: step up cooperation with the operational services in the Member States.
and performance by joint teams

In the short-term: analyse the feasibility of a joint external borders service.

In the medium-term: actions and measures based on the feasibility study.

(1) Short-term: actions and measures to be implemented as soon as possible and in principle within one year.

Medium-term: actions and measures to be implemented as soon as possible and in principle within three years

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Readmission
and return
policy

joint

approach/

In the short-term: improve practical cooperation between the competent services.

Establishing a
cooperation between the Member In the short-term: determination of appropriate criteria and practical arrangements for the
of compensation between Member States of costs resulting from theenforcement of expulsion
purposes
the
States
implementing return measures
Decisions, as established in the Council Directive on the mutual recognition of expulsion
Decisions.

for

In the short-term: analysis of the actions and measures that may be envisaged on the basis
of the Commission Green Book on return

Readmission
third countries

agreements with In the short-term: conclude outstanding Agreements

In the short term: identification of third-countries with which agreements need to be
negotiated.

In the medium-term: conclude different readmission Agreements as distinct from those
outstanding.

Transit of returnees

In the short-term: establish within the European Union and with third countries standards
for the transit of returnees, where necessary.

Minimum common standards for In the medium-term: examine the possibility of adopting measures to ensure certain
common minimum standards for return procedures
return procedures

Europol

In the medium-term: apply Article 30 of the Treaty on European Union in its entirety, giving EUROPOL wider scope for
supporting investigations in the Member States concerning networks of illegal immigration, including trafficking of human
beings; provide support for Member States and, wherever possible and appropriate, participate in the collection and exchange
of information among bodies responsible for implementing the laws applying in such cases.

Penalties

Smuggling of Human Beings

In the short-term: put into practice the new Community instruments aimed at combating
illegal trafficking of human beings.

Trafficking of human beings

In the short-term: determination of the possibility of granting to the victims of trafficking
of human beings certain benefits or special assistance.

Illegal Employment

In the short-term: conduct a study of the laws of the Member States.

In the medium-term: prepare a proposal for harmonising the way in which illegal
employment is dealt with at European level.

immigration and financial

Illegal
benefits

In the short-term: analysis of the possibility of adopting provisions on confiscation of
financial gains and on confiscation of means, in particular means of transport, used in
criminal activities relating to illegal immigration.

Carrier Liability

In the short-term: follow up the Directive on carrier liability.