COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the work of the Task Force Mediterranean
Date: 2013-12-04
Institutions: European Commission
Subjects: Mediterranean region (EU), Sicily, accident prevention, aid to refugees, border control, emergency aid, external border of the EU, fight against crime, help for victims, human rights, illegal migration, international cooperation, island region, maritime safety, migratory movement, right of asylum, third country, trafficking in human beings













EUR-Lex - 52013DC0869 - EN











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52013DC0869

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the work of the Task Force Mediterranean /* COM/2013/0869 final */










1.         
Executive Summary

On 3 October
2013, a boat with around 500 migrants sank off the coast of Lampedusa. The loss
of human lives triggered a strong call for action from European leaders and
European citizens.
The
Task Force Mediterranean (TFM) was set up following the JHA Council of 7-8
October 2013. Its establishment was welcomed at the October European Council.
There, it was made clear that determined action should be taken in order to
prevent deaths at sea and to prevent such human tragedies from happening again.
This action would be targeted at the provision of protection, guided by the
principle of solidarity and fair sharing of responsibility with a strong
external oriented component. In light of this, after the tragedy of Lampedusa,
also the Foreign Affairs Council of 18 November discussed ways to strengthen
political dialogue and cooperation with third countries. The European
Parliament also adopted a resolution on this subject on the 23 of October[1].  
During
the discussion at the meetings of the Task Force and on the basis of the
mandate, it emerged that a comprehensive range of measures must be used
following an integrated approach for the whole Mediterranean area, as the
tragic events of Lampedusa are part of a long standing and comprehensive challenge.
They include, among other areas: assistance and reinforced dialogue with
countries of origin and transit in line with the Global Approach to Migration
and Mobility; a renewed focus on resettlement and regional protection efforts;
legal channels to safely access the European Union to be explored, as well as a
general focus on increased resettlement efforts; the fight against trafficking
and smuggling of human beings and criminal networks; ensuring a speedy and
sustainable return of migrants in a humane and dignified manner; strengthening
the management of the EU's external borders; implementation of the recently
adopted Eurosur Regulation; and the support to Member States facing pressure on
their migration and asylum systems.
The
actions contained in this communication follow this holistic approach, while
focusing on immediate and practical solutions that could complement ongoing
activities in the whole of the Mediterranean in the short term. Five main areas
of action emerged from the Task Force discussions with a wide geographical
scope: from the countries of origin and transit, to prevent migrants from
undertaking dangerous journeys, to the shores of the European Union:
(1)  
Actions in cooperation with third
countries.
(2)  
Regional protection, resettlement and reinforced
legal avenues to Europe;
(3)  
Fight against trafficking, smuggling and
organised crime;
(4)  
Reinforced border surveillance
contributing to enhancing maritime situational picture and to the protection
and saving of lives of migrants in the Mediterranean;
(5)  
Assistance and solidarity with Member
States dealing with high migration pressure; 
In
line with the outcome of the October European Council it was confirmed during
the Task Force meetings that immediate measures will need to be complemented by
long-term initiatives, grounded on the best available research, aimed at
addressing the root causes of migration (poverty, human rights violations,
conflict, lack of economic opportunities, poor working conditions,
unemployment, etc). Initiatives should be taken to reform the legal and
administrative framework on migration and asylum in countries of transit. Any
EU action must be seen in the wider political context of the EU relationship
with respective partner countries and regions: it notably cannot be isolated from
the European Neighbourhood Policy and from the external migration policy
framework of the Global Approach to Migration and Mobility (GAMM). These
actions are by their nature linked to a longer- term dimension and are already
included in the EU's long-term strategies. They are also crucial to prevent the
persons to undertake perilous journeys to Europe.
All
actions under this communication will have to be fully compliant with
international human rights standards, including the Charter of Fundamental
Rights of the European Union[2],
the European Convention for the protection of Human Rights and Fundamental
Freedoms, the 1951 UN Refugee Convention, the principle of non-refoulement
and the applicable EU acquis. When personal data are involved,
particular care should be devoted to the full implementation of applicable
provisions. 
This
communication is presented for discussion at the Justice and Home Affairs
Council of 5-6 December. The outcomes of the discussion will be presented by
the Presidency to the European Council on 19-20 December.
In
the follow-up to this communication, appropriate consideration should be given
to the resources and assets that could be made available, within the existing
budget constraints, by all actors involved in order to implement the actions
and achieve the overall objective of preventing tragedies such as Lampedusa
from happening again in the future. The European Commission will regularly
report to the Council and the European Parliament on progress made on the
implementation of the TFM communication.

2.         
Process

In
producing this communication, the European Commission, as chair of the Task
Force Mediterranean, organised two meetings of the TFM on 24 October and 20
November 2013. The European External Action Service and all Member States took part in those meetings together with the EU Agencies that have a direct
stake in the process (EASO, Frontex, Europol, FRA, EMSA).  
Other
entities have been consulted while developing the communication of the Task
Force Mediterranean, including the Associated Countries, UNHCR, IOM, ICMPD, the
Migration Policy Centre, the International Maritime Organisation, UNODC, and
Interpol[3].


3.         
Lines of Action

The
following lines of action have been developed by the Task Force Mediterranean:
(1)
Actions in cooperation with third countries
Actions
-         
Specific actions in transit countries
1.1
Due political attention by the Commission and Member States should be directed
at signing and start implementing the recently concluded Mobility
Partnership (MP) with Tunisia. 
Meanwhile,
the implementation of the cooperation initiatives foreseen in the recently
signed MP with Morocco should be continued, and support should be
provided to the Moroccan authorities for the full implementation of the
recommendations contained in the report of the National Council of Human Rights
to establish a new migration and asylum policy. 
Furthermore,
the negotiation of the Mobility Partnership with Jordan should start
without delay, as a positive outcome of the Dialogue on migration, mobility
and security initiated with this country in December 2012. 
The
launching of new Dialogues on migration, mobility and security with additional
Southern Mediterranean countries, notably with Egypt, Libya, Algeria and Lebanon is also a priority[4].

The
decision in that respect will be taken on the basis of a country-by-country
specific assessment, notably by taking into consideration their respective
capacity and willingness to improve their management of migration and asylum
matters in line with international standards as well as to enhance their
cooperation with the EU in these areas.    
Issues
of concern relating to the rights of migrants and refugees should be
systematically raised in political dialogues with third countries, as per the
EU Strategic Framework and Action Plan on Human Rights and Democracy (Action
14), and assistance offered with the development of properly functioning asylum
and migration systems. Initiatives implemented
by EU Agencies, such as EASO, FRA and Frontex as well as Member States, international
organisations, and civil society aimed at building
capacity in asylum, reception, migration and border management, can be an
important element of the Mobility Partnerships.
There
should be a financial review for Mobility partnerships, in order to stimulate Member
states to participate more actively in developing projects. Mobility
Partnerships should also be used strategically to foster regional cooperation
in the migratory field.
1.2
Dialogue on specific issues of concern will be promoted with selected countries
of the North African and Sahel region to act more effectively in combating the
smugglers' and traffickers' networks. Discussions should be held with the
Tunisian authorities on measures aimed at stopping the provision of Tunisian
boats to smugglers in Libya, including vessel registration and tracking for
data exchange. Similar processes should be encouraged also in other Northern
African states. In particular, Egyptian authorities should be encouraged to put
more attention and to combat more effectively the activities of the traffickers
of human beings in the Sinai region; Sudanese authorities should be invited to
combat against the criminal organisations operating on their territory and
facilitating the smuggling and trafficking of migrants and refugees from the Horn
of Africa towards the Mediterranean region; Nigerian authorities should be
engaged and  assisted to better protecting their most vulnerable nationals to
fall victims of the traffickers in human being. 
1.3
Given the very unstable security and political situation and the limited
institutional and administrative capacities, Libya is currently unable
to counter the activities of the smugglers and traffickers. Therefore it constitutes
the main transit and departure country of mixed migration flows in the central Mediterranean. In order to address this situation, the EU should continue to strengthen its
comprehensive support to Libya by promoting its stabilisation, enhancing
governance and security, and addressing radicalization, violent extremism and
terrorism, as well as by addressing reports of human rights' violations. Furthermore,
an assistance of particular importance to promote the development of an
integrated border management system will be provided by the on-going EUBAM Mission
as well as by the Sahara-Mediterranean project. In this framework Member States and Frontex should consider how to provide further support to these
initiatives. In parallel, the EU will continue providing its assistance aimed
at supporting the establishment in Libya of a migration management and asylum
system that fully complies with international human rights standards. Considering
that Libya is a recipient country of job-seeking migrants, to reduce irregular
migration, a clear official procedure for processing job-seeking migrants is
among the priorities of Ministry of Labour and should be supported. The EU will
continue to engage with the Libyan authorities to address practices such as the
indiscriminate detention of migrants, the mistreatment of migrants within and
outside retention centres, and to improve the conditions within retention
centres. Particular attention will be placed by the EU on the need by Libya to ensure respect of the rights of persons in need of international protection, to
adopt legislation on asylum, to regularize the position of UNHCR in the country[5]. The
establishment of a network of liaison officers to fight irregular migration in Libya should be implemented as soon as the security situation allows. The Commission is
committed to launch a Dialogue on Migration, Mobility and Security, in line
with the GAMM, with the Libyan authorities as soon as the conditions allow. These
actions are complemented by other EU projects and programmes in the security
sector.
1.4
Turkish territory represents another important point of transit of
irregular migration flows directed towards the EU both through the Thracian
region and across the Mediterranean waters. While recognising the existing
significant Turkish capacities and efforts to prevent this phenomenon, it is
very important to continue dialogue and cooperation with the Turkish
authorities, in view of further strengthening their capacities to dismantle the
smugglers’ networks organising such irregular departures, to prevent the latter
through an increased surveillance of its borders, to promptly exchange
information with the interested EU Member States and to achieve the full
implementation of the readmission agreement. The setting up of a network of liaison
officers in Turkey, similar to the network envisaged for Libya will be important in this regard. In addition, it will be of key importance, for the
EU, to continue assisting Turkey to develop its border, visa, migration and
asylum management systems, in line with the EU standards which Turkey pursues as a candidate country.  
1.5.
Action with transit countries will have to be complemented by increased
attention to countries of origin in Eastern and Western Africa through
political dialogue and reinforced cooperation. Specific migration dialogues,
demarches and reinforced engagement both at country-level and with regional
partners, with implication of the respective EU Special Representatives, could
play an important positive role. Cooperation will in parallel continue to
contribute to improving socio-economic environment and related employment
opportunities for citizens who may otherwise be pushed towards irregular
migration. Support for a better management of migration at national and
regional level should more effectively tackle trafficking and contribute to
prosecuting traffickers and assisting victims. The EU should aim at fostering
respect for the human rights of all migrants in partner countries and regions with a particular focus on vulnerable groups and
the special rights of asylum seekers and refugees, using available tools and
funds including specific human rights instruments. The EU should seek to
prevent and address protracted refugee situations and strengthen protection of
refugees and security in refugee camps (e.g. through the EU's Instrument for
Stability). In this context, support should also be given to innovative
programmes.
-         
Regional approaches
1.6
Information and awareness raising campaigns should be developed, mainly as
part of broader EU actions on migration, with the intention to clearly
communicate and raise awareness concerning the grave risks and dangers faced by
migrants attempting to reach the EU through irregular channels, including the
perils of irregular sea crossings and the threats posed by smugglers and
traffickers. 
Innovative
approaches should be sought in order to reach as many potential migrants as
possible in countries of origin, as well as in countries of transit, with a
particular focus on African countries as well as relevant countries in the
Middle East and Asia, building on previous EU and Member State initiatives. 
The
campaigns should also inform about channels available for legal migration.
Information campaigns should also rely on diaspora networks and should be,
mainly, developed in partnership with authorities of third Countries,
international organizations, and NGOs.
In
this framework the potential of the EU Immigration Portal shall be harnessed,
alongside other methods for disseminating these messages.
1.7
The Seahorse Mediterranean network between EU Mediterranean Member
States and North African countries will be established by 2015, following a
public tender to be carried out in 2014. This network will allow the
participating states to directly exchange factual information on incidents and
patrols with each other in near-real time via satellite communication. On-going
efforts should be reinforced to convince all other relevant countries, in North
Africa (namely Tunisia, Algeria and Egypt) to participate in this network[6]. 
1.8
The possible involvement of countries of departure in maritime surveillance
operations should be discussed, within the Frontex and EUROSUR legal framework.
This action should be complemented with dialogues and assistance aimed at
encouraging and strengthening the capacities of the third countries to: (1)
combat, at the point
of origin, the networks smuggling human beings, and
thus prevent immigrants from being endangered by the smugglers; (2) improve
control of their land borders and coastlines; (3) establish mechanisms enabling
the safe return of irregular migrants to the nearest and safest departure point.
Whenever
feasible and appropriate[7],
the operational experiences gained by some Member States on joint patrolling in
third countries’ territorial seas should be replicated. Furthermore the role of
Frontex, within the limits of its mandate, in supporting the implementation of
the aforementioned activities, in particular on capacity building, will be important.
In this respect synergies should be established
with other capacity building tools deployed
by the EU in the North African
region.
1.9
Based on the assessment of their existing capabilities and needs, the
possibility of assisting in capacity building for search and rescue in the North
African coastal states should be considered.
1.10
Exchange of strategically and tactical data between the EU Member States and African States should be improved. In this context the achievements of the Africa Frontex
Intelligence Community network would be an example. Common risk analysis
reports should be drawn up periodically.  
1.11
Political dialogue and diplomatic initiatives, including joint
demarches[8],
should be developed using in a coordinated manner
all the incentives and leverages available at the EU and Member States' level,
so as to enhance the capacity of the EU to successfully reach the objectives of
the Global Approach to Migration and Mobility, including the  negotiations and
full implementation of readmission agreements, the improvement of international
protection systems, and the fight against smuggling and criminal networks.
These initiatives should be initiated with main countries of transit and origin
of irregular migration in Africa and Asia. In this context, avenues should be
explored to take into account cooperation on these subjects as part of a wider
incentive-based approach[9].
The results of these efforts should be accompanied by a corresponding step up
of Frontex coordinated operations in order to facilitate the return process.
Also
in this framework, measures should be developed with the relevant third
countries allowing identification and re-documentation of returnees in a more
efficient manner. In this effort, reinforced focus should be given to the main
countries of origin of irregular migration. An increased acceptance of the EU laissez
passer (standard travel document for expulsion purposes) could contribute
to this effort.
1.12
A specific and comprehensive debate on migration (covering, inter alia,
voluntary return, readmission, reintegration, reception, international
protection, fighting smuggling and criminal networks, capacity building, human
rights of migrants as well as the root causes for irregular migration) should
be foreseen in view of the EU-Africa Summit in April 2014 and the fourth Euro -
African Ministerial Conference on Migration and Development planned for the
second half of 2014 (Rabat Process). 
The
new generation of programmes for Euromed Migration and Euromed Police to be
launched from 2014 should take due account of evaluations to become a more
effective platform of dialogue and cooperation. Moreover, bilateral and
relevant regional dialogues with countries in Sub Saharan Africa should be
strengthened. In this context partner countries should be urged to adopt and
implement national measures for integrated border management, against
smugglers, also with the support of experts deployed by Member States and in
line with best practices developed by UNODC where appropriate.
1.13
A dedicated programme, taking advantage of existing EU initiatives in this
domain such as the EU-funded WAPIS programme (Western Africa Police Information
System implemented by INTERPOL) could be envisaged to support the establishment
of police cooperation and an AFRIPOL to help coordinate national police information
and investigation capacities in Africa in, inter alia, the fight against
trafficking in human beings and smuggling. Support by INTERPOL, UNODC and other
relevant organisations could be instrumental in this regards. Such a programme
should ensure synergies with the African Union Border Programme.
1.14
Quick and effective return of irregular migrants needs to be ensured, in a
humane and dignified manner in full compliance with the EU Charter of
Fundamental rights, the relevant EU acquis and international human
rights standards, by promoting, when possible, voluntary returns. At certain
conditions and as a complementary instrument, increased financial and technical
assistance to support the social and economic reintegration of returnees as
well as ensuring an effective system for non-voluntary return in cooperation
with national authorities should be made available. When providing financial
and technical assistance, particular care should be placed not to create
parallel structures to the ones of the third country concerned, and to avoid
creating pull factors. Priority, when possible, should be given to returns to
countries of origin rather than transit countries. 
1.15
Cooperation/exchange of information and synergies will be developed between
Member States, with the contribution of EU JHA agencies, other stakeholders
(IOM, NGOs) on the content of the Assisted Voluntary Return programmes,
including reintegration measures and initiatives taken by each Member State towards the countries of origin or transit to ensure a sustainable return of
the irregular migrants. As from 2014, this cooperation will be developed in the
context of the EMN.

(2) Regional
Protection Programmes, Resettlement and reinforced legal ways to access Europe

2.1
To improve the situation of refugees at the local level it is necessary to set
in place and strengthen Regional Protection Programmes (RPPs). Existing
RPPs such as those in North Africa (Libya, Tunisia and Egypt) and the Horn of Africa (Kenya, Djibouti) should be reinforced and expanded so to include also
other key countries in particular in the Sahel region. Furthermore, the EU is
currently preparing a new Regional Development and Protection Programme (RDPPs)
for refugees in Lebanon, Jordan and Iraq as part of a long-term response to the
  Syria crisis.
New
Regional Protection Programmes will need longer-term engagement and funding, if
they are to be successful, both from the EU and the national level. Funding
could be obtained only partially from the existing resources and financial
instruments of the Asylum and Migration Fund. This needs to be complemented by
other sources of funding from EU development assistance and Member States.
Besides, the implementation of RPPs/ RDPPs should be accompanied by strong
political dialogue and advocacy efforts on refugee protection and protracted
refugee situations with national authorities in third countries, including at
regional level. 
RPPs
should coordinate their regional and country specific components, and EU member
States, EU delegations should play a crucial role in their planning and
implementation.  UNHCR, together with other international organizations, will
be a key partner in this field while, when appropriate, NGOs should participate
in their implementation. Where relevant, cooperation between EASO and targeted
countries will be promoted focusing in particular on the fields of training and
capacity building. 
In
cooperation with international organizations (e.g. IOM) and NGOs, parallel initiatives
should be launched to facilitate assisted voluntary return and reintegration of
migrants stranded in North African countries to their countries of origin and
to develop the capacity of countries to better manage return and reintegration[10]. 
2.2 Member
States are encouraged to increase their current commitment on resettlement as a
long-term solution that contributes to preventing and addressing protracted
refugee situations. In 2012, 4.930  persons were resettled to the Union by twelve Member States[11].
While those already resettling should consider increasing their quotas, new
resettling Member States should engage in order to increase the EU share of the
world-wide resettlement commitment. In this context strategic use of
resettlement through the Union Resettlement Programme is encouraged and will be
supported by EU funding available under the Asylum and Migration Fund.
2.3
The Commission is prepared to organise, in cooperation with the UNHCR, a
conference on resettlement of the most vulnerable refugees from Syria. The conference could take place in the first half of 2014 and encourage resettlement
efforts both among EUMS and countries around the globe.
2.4
The Commission will explore further possibilities for protected entry in the EU
in the context of the reflection on the future priorities in the Home Affairs
area after the expiry of the Stockholm programme. These could notably include:
(a) guidelines on a common approach to humanitarian permits/visas (b)
feasibility study on possible joint processing of protection claims outside of
the European Union without prejudice to the existing right of access to asylum
procedures in the EU. EASO, FRA and Frontex and, where relevant, UNHCR, ILO or
IOM, should be involved in the execution of these tasks.
2.5
The EU and its Member States should continue to explore further possibilities
to open legal channels which give an opportunity for migrants to reach Europe in a regular manner. Such channels will also help to fight abuses and irregular
migration. For instance the seasonal worker's Directive, once implemented, will
clarify the admission, grant a secure legal status in order to protect seasonal
workers from exploitation and provide the first EU scheme on circular migration
allowing migrants to come back in following years under certain conditions. The
currently negotiated Directive on students, researchers and other groups could
also make an important contribution with clear admission rules and status.

 (3) Fight against
trafficking, smuggling and organised crime [12]

Actions
3.1
EUROPOL should strengthen on-going activities and coordinate relevant EU
agencies in the field of smuggling of human beings and fight against organised
crime[13].
This could include setting up a team under the administrative and legal
framework of the existing Analysis Work File Serious Organised Crime (AWF SOC),
and in particular Focal Point (FP) Checkpoint, which deals with smuggling at
Europol.
3.2
Two EMPACT operational actions plans on irregular migration and
trafficking in human beings in the policy cycle framework, including smuggling,
with the involvement of the Member States and EU Agencies will be decided in
December 2013 and launched in January 2014.
3.3
A comprehensive EU plan should be developed, involving all interested
parties on the fight against smuggling of migrants which incorporates a human
rights dimension in compliance with the EU Charter of Fundamental Rights. The
strategy will include enhanced practical cooperation and exchange of information
between Member States as well as with EU Agencies and deepened external
cooperation with third countries and relevant regional and international
organisations (e.g. UNODC).[14]
In this context the Immigration Liaison
Officers present in the countries of origin and transit will play an important
role.
In
this context Guidelines on different aspects related to the fight
against smuggling could be developed both at EU and national level taking into
account the work of the UN in this field.
Already
existing means of operational cooperation between the Member States and third countries such as liaison officers and joint operations should be used more
effectively in the framework of COSI[15]. 

3.5
The responsible national authorities of the affected Member States are
encouraged to systematically make available relevant information, including
personal data, to Europol for the purpose of supporting the fight against
facilitators. Frontex and Europol should conclude without delay an operational
agreement allowing for the exchange of personal data, for the purpose of
supporting the fight against cross border criminal activities[16]. 
3.6
In the framework of the EUROPOL inter agency coordination, EASO should run a
pilot project with a Member State to learn more about smuggling and
trafficking routes.
3.7
The EU should politically support the organisation of the regional
conference under the auspices of the Joint Africa-EU strategy on
trafficking and smuggling in 2014.
3.8
The Commission will carry out the evaluation and possible modification of the EU
acquis on facilitating unauthorised entry, transit and residence, by
reconciling effective fight against smuggling with the need to avoid
criminalising humanitarian assistance. The international obligation concerning
rescue of migrants in distress at sea should be recalled[17].

(4)        Reinforced border surveillance contributing to enhancing
maritime situational picture and to the protection and saving of lives of
migrants in the Mediterranean

Actions
4.1
Frontex, together with relevant Member States, has enhanced its capacities to
control Mediterranean maritime borders, which are the external borders of the
European Union. For example, it has reinforced Joint Operation Hermes as of
beginning of November, while taking due account of the possible changes in migratory
movements due to seasonal aspects. This has been achieved through the
additional funding provided in the context of the Lampedusa operation (an
additional €7.9 million for Frontex's 2013 budget).
Building
on this, the objective is to have a comprehensive and coordinated approach to
border surveillance operations led by Frontex in the Mediterranean (from Cyprus
to Spain), focusing on the main migratory routes, as of spring 2014 on the
basis of a multi-stakeholder approach. The reinforcement of Frontex operations
in 2014 should be further assessed based on the concept presented by Frontex to
the Task Force[18].
National
border surveillance efforts should be fully coordinated with the operations
undertaken by Frontex and altogether should constitute a European Patrols'
Network. Information on those national efforts – regardless of the authority
undertaking them – should be shared through the EUROSUR network, via the
national coordination centre of the Member State in question.
This
could also include stepping up of Member States' operations following the
example of the Italian initiative Mare Nostrum. These initiatives should be
complementary and should be coordinated with Frontex operations[19]. 
Reinforcement
of Frontex-coordinated border surveillance operations by Member States'
airborne and naval military assets, when possible under national law and with
those assets acting in a civilian law enforcement capacity, can also improve
situational awareness and the capability for early detection of irregular migrants
at sea, thus enabling more effective prevention of loss of life. Therefore such
reinforcement should be encouraged within the overall legal framework of
Frontex and EUROSUR Regulations which would apply to participating military
assets. 
As
referred to in paragraph 1.8, Frontex should strive to develop the
participation of Mediterranean third countries to the extent possible. 
4.2
The European Parliament and the Council are invited to accelerate their
negotiations on the proposal for a Regulation establishing rules for the
surveillance of the external sea borders in the context of operational
cooperation coordinated by Frontex, with the aim of holding the first trialogue
before the end of the year.
4.3
EASO's role in the field of identification and screening of asylum seekers in
mixed flows should be strengthened in partnership with Frontex and in full
compliance with the respective mandates of the Agencies. 
4.4
The European Border Surveillance System (EUROSUR) has become operational as of
2 December 2013 and its implementation and full use by Member States and Frontex will be monitored closely. Near real-time information exchange, regular
intelligence sharing and close inter-agency cooperation at national and EU
level are the key elements here. An essential role is also played by the use of
modern surveillance technology, such as the fusion of data derived from ship
reporting systems and satellite imagery.
4.5
On this basis, in the course of 2014, further improving interagency cooperation
and information exchange in the framework of EUROSUR could be explored to
enhance the national and European situational pictures[20]. In
line with the requirements of the EUROSUR Regulation this should also include
the assistance of Member States' naval vessels which are in any event present
in the area[21].
On-going efforts should be intensified to improve the monitoring of known
departure points for irregular migration in the whole of the Mediterranean,
including activities in ports and at coasts serving as hubs for irregular
immigrants. The detection and tracking of small boats will be pursued in the
framework of EUROSUR with financial support from the future Copernicus
programme as well as with test runs under on-going FP7 research projects such
as Perseus, Closeye, Lobos and Sagres and with technical support and advice
from the European Commission's Joint Research Centre[22]. 
In
this context the situational picture in the Mediterranean should be enhanced by
better utilising inter-agency cooperation. Based on the Service Level Agreement
between Frontex and European Maritime Safety Agency (EMSA)[23] and
the EU Satellite Centre[24] 
more vessel positioning and Earth observation data should be generated for the
critical areas. These and other relevant data for operations should be added to
the different situational pictures of EUROSUR, including from naval assets. In
the context of inter-agency cooperation (Frontex, Europol, EMSA) intelligence
based information should be used as the basis for intensified surveillance
efforts. 
4.6
A call should be issued at the national level, where appropriate through a
notice to mariners, urging shipmasters of merchant vessels and fishermen to
comply with their obligations under international law (UNCLOS, SOLAS and SAR)
to assist and report to the relevant authorities of the Member States any
migrant boats in distress. This should be coupled with a public reassurance
that they will always be allowed to disembark rapidly and, provided they are
acting in good faith, would not face any negative legal consequences for
providing such assistance. Such a call should be supported politically at the
European level. 

(5)        Assistance
and solidarity with Member States dealing with high migration pressure[25]

Actions
5.1
The Commission is setting aside funding (including emergency funding) of
up to €30m in support of IT, including for border surveillance operations under
the Frontex mandate. For other Member States ca. €20 million have been
allocated in order to address the growing pressure at the EU level and the
subsequent insufficient national capacity. This funding will improve reception
capacity, processing capacity, screening and registration capacity, as well as
support border management activities. Funding should, when appropriate, be complemented
by other operational activities such as the assistance offered by EASO and
Frontex. Contingency planning and Crisis Management (under 5.3) play an
important role in this regard.
Countries
particularly affected by an influx of migrants and asylum seekers may also
request assistance as appropriate from the European Civil Protection Mechanism
(EUCPM)[26].

5.2
Making use of the financial incentives offered by the future AMF, Member States
should voluntarily commit to more intra-EU relocation of beneficiaries
of international protection. EASO should play a
coordination role in intra-EU relocation to make it faster and more efficient.
Member States with a low migration pressure are particularly encouraged to show
solidarity in this manner. International Organisations, such as UNHCR and IOM,
can play an important role in this field. 
5.3
Contingency planning and crisis management efforts at EU level should
continue and should be broadened with the aim of taking action to build solid
asylum and migration systems in Member States. These efforts should be based on
an assessment done on the basis of the forecasts of trends analyses and other ad
hoc statistical and analytical reports produced by EASO, Frontex, FRA and
other organisation such as UNCHR, IOM and other actors and should be
coordinated also with the EUCPM. In developing these contingency efforts, the
Commission should include assessment reports on the situation in countries of
origin, integrating as much as possible components of security, border management
and migration flows[27].
In
order to make efficient contingency planning possible, Member States should
provide data to EUROSTAT, EASO, Frontex and other relevant actors without
delay, and should be ready to support additional data requirements that might
be necessary for this purpose.
5.4
EASO should set up a first project on supported processing of asylum
applications in Member States. This would allow a quicker and more
efficient processing of asylum applications, relieving the asylum system of the
responsible Member State without shifting responsibility for the examination of
the asylum application and in full respect of the nationally applicable legal
framework. 
[1] European
Parliament resolution of 23 October 2013 on migratory flows in the Mediterranean,
with particular attention to the tragic events off Lampedusa (2013/2827(RSP))
[2]  Notably
its Articles 2, 4, 18 and 19
[3]  Whenever the role of such organizations is recognized in the text
this is without prejudice to any financial decision that will be taken in the
context of the implementation of the actions envisaged in the communication.
[4] Assistance is under
consideration to work with the Lebanese authorities on Integrated Border
Management (IBM) to strengthen state institutions and improve inter-agency
cooperation.  In this context, the EU is also keen to promote a rights-based
approach of IBM covering regular movement of people and goods, as well as the
management of migratory flows. The EU is also currently considering options for
support to the Lebanese Armed Forces (LAF).
[5] The Commission is
considering a financial decision to implement a program of €10 million under
ENPI (European Neighbourhood Policy Instrument) that will focus on improving
the legal and institutional set-up and capacities of the authorities
responsible for migration and asylum management, in line with international
standards and best practices to guarantee that migrants are treated with full
respect of human rights and human dignity and in line with international
standards guaranteeing international protection. A particular focus of the
programme will be also on improving living conditions for migrants in retention facilities.
It will do this by reviewing administrative procedures, improving services
provided to migrants and facilitating their access to employment.
[6] Also the ongoing Coast Guard
Cooperation can present relevant opportunities to foster dialogue between the
EU and North African countries
[7] Any
action in this field should comply with fundamental rights, including the
non-refoulement principle.
[8] With the objective to increase coherence
in external actions between the EU and national level, Heads of EU Delegation
in countries of origin of stranded migrants should, where appropriate together
with other EU Member States ambassadors, prepare joint demarches to the
responsible national authorities. These demarches, should be prepared in
coordination with the EEAS and the Commission and concerned Member States.

[9] See
for instance the implementation of readmission obligation of the ACP countries
under the EU-ACP Partnership Agreement (Cotonou Agreement).
[10] Migration Resource and Response Centres
established by IOM in many countries along migration routes could be considered
for replication in the Central and Eastern Mediterranean Routes. 
[11] Czech
Republic, Denmark, Germany, Ireland, Spain, France, Lithuania, The Netherlands,
Portugal, Finland, Sweden, United Kingdom (source EUROSTAT)
[12] While interrelated,
human smuggling (e.g. facilitation of unauthorised entry, transit or residence)
and trafficking in human beings should not be confused.  In particular,
trafficking involves the use of means mentioned in the trafficking definition
("by means of the threat or use of force or other forms of coercion, of
abduction, of fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to achieve
the consent of a person having control over another person") for the
purpose of exploitation of the person, and does not requires the crossing of a
border or physically transportation, as in the case of smuggling.
[13] The mandate of
EUROPOL is strengthened in this field in line with the ongoing revision of the
EUROPOL regulation
[14] Information collected
in this context could also be used to better detect better detect and prevent
the travel of foreign fighters to either engage in jihad abroad (in particular Syria) or return.
[15] These actions might need to be
coordinated, if appropriate, with the on-going reflections on delivering
concrete elements for a Communication on a European Maritime Security Strategy
by early 2014.
[16] When it is allowed by
the EUROSUR Regulation data other than personal data should be made available
by EUROPOL to EUROSUR.
[17] In this context it is
to be clarified from the outset that shipmasters remain bound to following
orders issued by Rescue Coordinator Centres (RCCs) in accordance with
international law.
[18]
Host Member States are invited to take appropriate
measures in order to exempt participating Member States from paying VAT during
joint operations to the extent possible.
[19] Operations
not covered by the Frontex regulation still have to be conducted in full
compliance with the Charter of Fundamental Rights and in particular with the
principle of non-refoulement.
[20]
These efforts could be complemented by the on-going works to establish a Common
Information Sharing Environment for the EU maritime Domain. The  Common
Information Sharing Environment (CISE) which is currently being developed
jointly by the European Commission and EU/EEA member states is also foreseen as
the third phase of EUROSUR (COM (2008) 68).  
[21] The
EUROSUR Regulation requires information on the position, status and type of
military assets assisting a law enforcement mission is included in the national
situational picture for EUROSUR. Access to this kind of information may be
restricted on a need to know basis.
[22] In the longer term
the satellite navigation system Galileo and the augmentation system Egnos
(European Geostationary Navigation Overlay Service) could also contribute to
enhance  the situational picture in the Mediterranean
[23] Signed in April 2013.
[24] To be signed in early
2014.
[25]
Member States' national programmes for the MFF 2014-2020, soon to be prepared
and submitted, should also clearly reflect such priorities so that the
necessary funding can be mobilised once the respective financing mechanisms are
operational.
[26] The Emergency
Response Coordination Centre (ERCC) from DG ECHO facilitates the voluntary
contributions in-kind or in skilled advice of experts from 32 Participating
States to the Mechanism, including the EU Member States. Because of the
voluntary nature of the EUCPM, it may only be regarded as a short-term stop-gap
solution. 
[27] Mechanisms that might
be considered could include the IOM Migration Crisis Operational Framework
(MCOF) and the Migration Task Force on for the East African Migratory Route and
 North Africa.