Opinion of the Committee of the Regions on the "Communication from the Commission to the European Parliament, and the Council in view of the European Council of Thessaloniki on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents"
Date: 2003-10-09
Institutions: European Committee of the Regions
Subjects: EU migration policy, European Committee of the Regions, illegal migration, illicit trade, opinion, trafficking in human beings

27.1.2004

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Official Journal of the European Union

C 23/33

Opinion of the Committee of the Regions on the ‘Communication from the Commission to the
European Parliament, and the Council in view of the European Council of Thessaloniki on the
development of a common policy on illegal immigration, smuggling and trafficking of human
beings, external borders and the return of illegal residents’

(2004/C 23/09)

THE COMMITTEE OF THE REGIONS,

having regard to the Communication from the Commission to the European Parliament and the Council
in view of the European Council of Thessaloniki on the development of a common policy on illegal
immigration, smuggling and trafficking of human beings, external borders and the return of illegal
residents (COM(2003) 323 final);

having regard to the decision of the European Commission of 31 July 2003 to consult it on this subject,
under the first paragraph of Article 265 of the Treaty establishing the European Community;

having regard to the decision of its Bureau of 1 July 2003 to instruct its Commission for External
Relations to draw up an opinion on this subject;

having regard to the Green Paper of the European Commission on a Community return policy on illegal
residents (COM(2002) 175 final);

having regard to its opinion of 20 November 2002 on the abovementioned Green Paper;

having regard to the decisions taken at the European Councils in Tampere (October 1999), Laeken
(15 December 2001) and Seville (June 2002);

having regard to the Santiago Action Plan;

having regard to the Brussels Declaration adopted at the European Conference on Preventing and
Combating Trafficking in Human Beings (September 2002);

having regard to the Communication from the Commission to the Council, the European Parliament, the
European Economic and Social Committee and the Committee of the Regions on immigration, integration
and employment (COM(2003) 336 final);

having regard to the decisions taken at the Thessaloniki European Council (19 and 20 June 2003);

having regard to its draft opinion (CdR 250/2003 rev.) adopted on 5 September 2003 by its Commission
for External Relations (rapporteur: Mr van den Brande, Senator, Belgian Parliament, member of the
Flemish Parliament (BE/EPP));

whereas:

1)

2)

3)

the Committee of the Regions recognises the importance of and need for a Community policy on
illegal immigration, smuggling and trafficking of human beings, external borders and the return of
illegal residents;

a coherent approach, integrated legal instruments and appropriate follow-up action are urgently
required;

this is a matter of major concern to regional and local authorities in the context of the EU and of
their respective Member States;

adopted the following opinion at its 51st plenary session, held on 9 October 2003.

1. Views of the Committee of the Regions

The Committee of the Regions

1.1.
is pleased to note that the European Commission has
issued a communication in which it highlights the particular
immigration,
importance of a common policy on illegal

smuggling and trafficking of human beings, external borders
and the return of illegal residents;

1.2.
believes that the various aspects of migration are
rightly regarded as a top political priority for the EU, as
demonstrated by the large number of measures introduced by
the Commission on this subject and the decisions taken at the
European Councils in Tampere, Laeken, Seville and Thessa-
loniki;

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trusts that this common policy will be marked by a
1.3.
coherent approach, will be based on integrated legal instru-
ments and will benefit from appropriate and effective follow-
up action;

draws attention to the fact that local and regional
1.14.
authorities are generally the bodies first in line when it comes
to tackling these situations and the related problems and are
frequently called upon to take action;

1.4.
considers that the existing legal basis and operational
instruments need to be strengthened and that wherever and
whenever necessary, appropriate new instruments will have to
be introduced;

1.5.
deplores the lack of a common blueprint and measures
for legal migration and asylum policy, despite the fact that such
measures could reduce and discourage illegal immigration;

1.15.
considers it essential and obvious that both the EU
and the Member States should therefore involve local and
regional authorities fully in the common policy;

1.16.
attaches particular importance to the special situation
facing regions and local authorities which are no longer
situated at the external frontiers of the EU or find themselves
situated there for the first time;

believes that a return policy must always be implement-
1.6.
ed with due respect for human rights and human dignity,
within the framework of a common return policy;

2. Recommendations of the Committee of the Regions

The Committee of the Regions

highlights the need for operational cooperation and

1.7.
the exchange of information in all areas;

1.8.
attaches great importance to a well thought-out visa
policy, as such a policy can make a considerable contribution
towards preventing illegal immigration; such a policy must be
based on an effective information system which is coordinated
with and linked to the Schengen Information System;

1.9.
highlights the need for an efficient border control
system in which the responsibilities and efforts of the Member
States are important and which is coordinated by a common
EU unit;

urges that every effort be made to combat

1.10.
the
smuggling and trafficking of human beings, activities which
are often linked to organised crime;

1.11.
demands that special attention be paid to the degrad-
ing problem of trafficking in women; all resources must be
harnessed to combat this problem;

1.12.
believes that a common policy to tackle illegal
immigration can only be effective if it forms part of a general
framework of relations between the EU and other states;
readmission agreements are of fundamental importance in this
context as they can lead to a strong partnership;

expressly emphasises that a common policy can be
1.13.
effective and credible only if it is backed up by adequate
funding, from the outset for the initial period and then under
more permanent budgetary arrangements, for the period post-
2006;

2.1.
calls for the rapid completion of a comprehensive
common European policy to tackle illegal immigration, smug-
gling and trafficking of human beings, external borders and
the return of illegal residents;

stresses the need for a coherent approach, integrated

2.2.
instruments and appropriate, effective follow-up;

2.3.
draws attention to the fact that in any common return
policy, human rights and human dignity must be fully
respected and that further work needs to be carried out on a
separate EU instrument to back the priorities set by the Council
in the action programme which it endorsed; it also points
out that immigration must take place within a clear legal,
procedural framework; a directive on minimum standards for
return procedures and the mutual recognition of return
decisions also appears to be advisable;

expects that concurrently a common blueprint will be

2.4.
drawn up for legal migration and asylum;

supports a well

2.5.
thought-out visa system and the
establishment of a Visa Information System (VIS), linked to
the Schengen Information System (SIS II) which is to become
operational by 2006; the requisite technical, legal and financial
measures will have to be introduced;

2.6.
calls for an effective border control system and an
integrated policy for managing the EU’s external frontiers; the
Common Unit for External Borders Practitioners, which meets
as a working party in the so-called SCIGA+ formation, has its
limitations; the day-to-day management should therefore be
taken over by a body which has a more operational nature and
is managed efficiently; also demands the establishment of a
European border guard, whilst recognising the key role played
by the national services;

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expresses the wish that a start be made on recast of the
2.7.
Common Manual of External Borders and that consideration
be given to whether new institutional machinery should be
established to strengthen operational cooperation in the
management of external borders and to whether controls at
maritime borders need to be tightened up;

2.8.
asks the Commission to pursue forceful measures to
combat people smuggling and trafficking, which are often in
forms of
the hands of organised crime;
cooperation between the enforcement bodies and victims, and
also to consider any concrete measures, standards, best practice
and schemes which can prevent people trafficking; asks the
Council to endorse the proposal to grant to the victims of
illegal immigration and people trafficking a short-term resi-
dence permit;

to step up all

calls upon the Commission and the Council to pay
2.9.
particular attention to combating the degrading practice of
trafficking in women and to mobilise all resources to this end;

2.10.
urges that operational cooperation and the exchange
of information in all fields be stepped up; in this context, it
recognises the value of establishing a platform for the exchange
of information based on modern and secure web technologies
(ICONet) and also recognises the value of setting up a network
of immigration liaison officers (ILO);

2.11.
advocates that the complete migration agenda be
included in the dialogue with third countries on existing and
future association and cooperation agreements; advocates the
conclusion with these countries of readmission agreements
leading to a reciprocal, global partnership whereby measures
to combat illegal migration can be improved and return
facilitated in a way which is acceptable to both the Member
States and the receiving countries; the establishment of a legal
framework for the creation of a multi-annual programme of
cooperation with third countries in the field of migration is to
be recommended;

Brussels, 9 October 2003.

attaches particular importance to the release of
2.12.
adequate funding to enable these global objectives — which
the EU regards as a top political priority — to be fulfilled in a
credible way and regrets the fact that at the present time this
is in no way the case; endorses the solution supported by the
Commission, namely the revision of the ARGO programme
for meeting immediate needs, the use of the margin available
from 2004-2006, and then to rely on the post-2006 financial
perspectives for the area of JHA;

2.13.
wants to see a realistic and fair system of burden-
sharing, based on a number of conditions and criteria; specific
account needs to be taken of the basic principles of subsidiarity
and additionality; only those types of expenditure directly
linked to the EU dimension should be cofinanced;

2.14.
regards it as self-evident that the EU and the Member
States involve local and regional authorities in the common
policy as partners, since these authorities are generally also the
first to have to deal with such situations and problems and are
often called upon to take action; their expertise and good
practice can — and must — therefore be exploited;

2.15.
proposes that provision be made for Schengen facili-
ties for those local authorities which are no longer situated at
the EU’s external borders or find themselves situated there for
the first time; proposes that a list of requirements be drawn up
in various fields, including infrastructure and the loss of regular
transit traffic, and that the requisite assistance and resources
be made available;

2.16.
urges that steps be taken to involve as many actors as
possible — both authorities and social players — so as to
arrive at a broadly-based common policy;

2.17.
Fund.

endorses the proposal to set up a European Refugee

The President

of the Committee of the Regions

Albert BORE