WRITTEN QUESTION E-0131/04 by Olivier Dupuis (NI) to the Commission. Tragedy involving Albanian migrants.
Date: 2004-01-26
Institutions: European Parliament, Provisional data
Subjects: Albania, EU migration policy, EU visa policy, Italy, admission of aliens, customs cooperation, illegal migration, migratory movement

3.4.2004

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Official Journal of the European Union

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Concerning the International Maritime Organisation (IMO), however, the Commission would point out
that the Community is not a contracting party to any international conventions on the rules for loading
and stowing containers of hazardous substances. The Commission currently has permanent observer status
at the IMO, which limits it scope for action in this field. In order to allow the Community to act more
effectively at international level, the Commission has submitted a recommendation to the Council to allow
the Community to join the IMO.

New rules on stowage are adopted by the IMO in connection with amendments to the International
Convention for the Safety of Life at Sea (SOLAS 74) and in the Code of Safe Practice for Cargo Stowage
and Securing (CSS Code).

With regard to controls at the time of loading, the Paris MOU on Port State Control, which became
obligatory under Directive 2001/106/EC on port State control (2), specifies that the inspector of the ship
may verify that dangerous goods have been stowed on board in conformity with the cargo securing
manual and the certificate of conformity, using the register of dangerous products or the stowage plan
required under Chapter VII of SOLAS 74.

The Commission would also point out that the Community measures adopted after the Erika accident have
made it possible to increase ship inspection staff in ports allowing Member States to comply with the
requirement to inspect a minimum of 25 % of ships entering ports.

As regards any damage to the environment or to biodiversity, there is still no Community instrument
together with the 1976
regulating this area. This matter is dealt with under national
Convention on Limitation of Liability for Maríne Claims,
to this
Convention has not yet entered into force. The International Convention on Liability and Compensation
for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (HNS)
has not yet entered into force, in spite of the Council Decision 2002/971/EC of 18 November 2002 (3)
authorising the Member States,
in the interest of the Community, to ratify or accede to the HNS
Convention.

if applicable. The 1996 Protocol

legislation,

Concerning the recovery of cargo lost overboard, the responsibility rests with the national authorities
which have appropriate means of intervention in the framework of pollution control plans.

In response to this and previous incidents, the Commission has given particular attention to the prevention
and control of pollution and the secure transport of hazardous goods in the context of the 6th Framework
Programme for Research and Technological Development.

(1) OJ L 208, 5.8.2002.
(2) Directive 2001/106/EC of the European Parliament and of the Council of 19 December 2001 amending Council
Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the
waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention
and shipboard living and working conditions (port State control) OJ L 19, 22.1.2002.

(3) OJ L 337, 13.12.2002.

(2004/C 84 E/0357)

WRITTEN QUESTION E-0131/04

by Olivier Dupuis (NI) to the Commission

(26 January 2004)

Subject: Tragedy involving Albanian migrants

Last week, the Adriatic Sea was the scene to a fresh tragedy, in which 21 (in reality, probably around 40)
Albanian nationals attempting illegally to enter Italy died. The accident took place at a time when the flow
of illegal immigrants from Albania to Italy has noticeably lessened. 137 Albanian illegal immigrants were
intercepted on the Italian coast in 2003, compared to 3 372 in 2002 and 40 000 in 1999. According to
the Italian and Albanian authorities, this drop is due to the cooperation agreement signed by both
countries in 1997 or more mundanely, others say, to the fact that a large number of the Albanians
wanting to emigrate to find work have already done so.

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Is the Commission aware that at the root of this tragedy and all those that have accompanied illegal
immigration from Albania over the last few years is the prohibitionist policy that still governs the present
visa system operating between Albania and the EU Member States? Does the Commission realise that its
responsibility now more than ever is to propose to the Council and Parliament a new visa system that
would automatically allow all Albanians a three-month tourist visa valid throughout the EU, or at the very
least the Schengen area? Is the Commission aware that, as illustrated by Bulgaria and Romania, a change in
the visa system would not noticeably increase the number of immigrants, but would, on the contrary, have
the enormous advantage of destroying the illegal
immigration networks in Albania and inside the
Community? Is the Commission aware that a policy of this kind would enable the extremely difficult and
costly land and maritime policing measures to be replaced with the much less burdensome option of
supporting and cooperating with Albania’s police force and customs service? In view of these facts, with
which the competent authorities of the EU and its Member States are perfectly familiar, does the
Commission not consider that, should a similar tragedy occur in the future, the criminal or civil liability of
an EU or Member State authority could not be ruled out?

Answer given by Mr Vitorino on behalf of the Commission

(10 March 2004)

Unfortunately, like previous tragedies, the recent tragedy involving the death of Albanians who were trying
to enter Italy illegally illustrates the extent of the pressure of immigration from Albania.

Visa policy is one of the ways in which the Community can control migration flows. Requiring Albanians
to hold a visa in accordance with Regulation (EC) No 539/2001 (1) reflects the Community legislator’s
assessment of Albania in the light of the criteria set out in the fifth recital to the Regulation, one of which
is illegal immigration. The visa system helps to control immigration from Albania. Each application for a
short-stay visa must be examined individually on the basis of the information and justification provided by
the applicant. If there are no objections, particularly from an immigration point of view, the visa is issued.

The Commission considers that dispensing with visa requirements for Albanians is not an appropriate
response to the current situation. It also believes that the automatic issuing of short-stay visas, as advocated
by the Honourable Member, goes against the philosophy of the harmonised visa policy.

That said, the Commission is convinced that the phenomenon of migration cannot be tackled solely by
imposing visa requirements and believes that a comprehensive approach is needed, specifically one which
includes the countries of origin. Consequently, a series of other measures has been adopted in an attempt
to improve the management of migration flows from Albania. A readmission agreement was signed in
December 2003 between the Community and Albania covering all categories of migrant (nationals,
nationals of third countries, stateless persons). This is an illustration of the excellent cooperation there has
been between the EU and the Albanian authorities on this matter.

The Commission also provides financial assistance to Albania, particularly as regards strengthening the
integrated management of borders. In 1997 specific action was taken by the EU Customs Assistance
Mission to Albania (CAM-A) to modernise and improve the efficiency of customs in cooperation with the
police. Furthermore, specific action is also being taken under the CARDS programme (2) to strengthen
cooperation between police and customs at Albania’s external borders (e.g. at the ports of Durres and
Vlora and at Rinas airport). The total amount granted to Albania for the period 1998-2003 was
EUR 306,3 million (EUR 177,4 million under the PHARE programme for the period 1998-2000 and
EUR 128,9 million under the CARDS programme for the period 2001-2003). Financial assistance for the
areas of ‘Justice and Home Affairs’ and customs totalled EUR 25,25 million for 1998-2000 (PHARE) and
EUR 68 million for 2001-2003 (CARDS). The total amount was therefore EUR 93,25 million.
The Commission will also be able to finance any projects under the new programme of financial and
technical assistance to third countries in the area of migration and asylum (Aeneas) in addition to those
already financed under the CARDS programme. In line with Article 1 of the new Regulation, particular
consideration will be given to the readmission agreement signed with Albania. Finally, it should be noted
that, as part of the preparatory action taken under budget heading B7-667 before the adoption of the

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programme, the Commission financed various projects for Albania in 2001 (co-financing for two projects
totalling EUR 1,367 million) and in 2002 (co-financing of one project totalling EUR 0,429 million).
A project has also been selected for 2003 (requested co-financing of EUR 0,713 million).

Moreover, several recent important initiatives will help in dealing with similar situations.

For instance, the Council has recently approved a programme of measures aimed at combating illegal
immigration by sea in the Member States. The key to its success lies in strengthening cooperation with the
countries of origin or transit for illegal immigrants, in making sure that third countries receive technical
and organisational assistance to tighten surveillance of the coastline from which the illegal immigrants
depart, in carrying out sea patrols in cooperation with the appropriate authorities in the Member States
and third countries concerned by illegal immigration, etc.

The Irish Presidency and the Commission are working on a road map for this programme to ensure that
the measures it contains are implemented quickly.

The Commission also considers that the start of operational activities in the two coordination centres for
maritime borders will help to improve the management of migration flows from third countries and to
avoid tragedies like the one described by the Honourable Member.

(1) Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in
from that

possession of visas when crossing the external borders and those whose nationals are exempt
requirement, OJ L 81, 21.3.2001.

(2) Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina,
Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia, repealing Regulation
(EC) No 1628/96 and amending Regulations (EEC) No 3906/89 and (EEC) No 1360/90 and Decisions 97/256/EC
and 1999/311/EC, OJ L 306, 7.12.2000.

(2004/C 84 E/0358)

WRITTEN QUESTION E-0132/04

by Marjo Matikainen-Kallström (PPE-DE) to the Commission

(26 January 2004)

Subject: Improved aviation safety through more effective channelling of information

The disastrous crash of an aircraft owned by the charter airline Flash has shown that the authorities, travel
agencies and passengers are not adequately informed about possible safety problems affecting individual
airlines. Access to information is difficult and in some cases the release of any information whatsoever is
prohibited by law. As a result, an airline which has been banned from flying in one country may be able
to carry on its activities in other countries. From the point of view of the safety of passengers, this is no
longer acceptable.

Does the Commission intend to incorporate into the directive it is now preparing on aviation safety
uniform rules, applicable to all the EU Member States, governing the procedures for checking aircraft and
airlines, for reporting on the outcome of such checks and for forwarding that information to all the EU
Member States? What time-frame has the Commission set itself for completing the directive on aviation
safety?

What measures does the Commission plan to take to ensure that both travel agencies and passengers can
obtain reliable, up-to-date information on possible safety risks and that passengers can thus take, at their
own discretion, decisions on matters which have a fundamental bearing on their own safety?

Answer given by Mrs de Palacio on behalf of the Commission

(1 March 2004)

The Commission would refer the Honourable Member to its answer to Written Question No P-158/04 by
Mr Hortefeux (1).

(1) OJ C 78 E, 27.3.2004.