C 152/166
EN
Official Journal of the European Union
6.4.2022
Opinion of the European Economic and Social Committee on ‘Proposal for a Regulation of the European Parliament and of the Council on measures against transport operators that facilitate or engage in trafficking in persons or smuggling of migrants in relation to illegal entry into the territory of the European Union’ (COM(2021) 753 — 2021/0387(COD)) (2022/C 152/27)
Rapporteur-general: Cristian PÎRVULESCU
Referral
European Parliament, 13.12.2021 Council, 16.12.2021
Legal basis
Article 304 of the Treaty on the Functioning of the European Union
Plenary Assembly decision
9.12.2021
Section responsible
External Relations
Adopted at plenary
9.12.2021
Plenary session No
565
Outcome of vote (for/against/abstentions)
159/15/09
1.
Conclusions and recommendations 1.1.
The Committee welcomes the proposal and considers possible sanctions on transport operators to be a justified action to be taken by the EU and the Member States.
1.2.
However, it points out that the crisis that triggered the legislative response — the one at the Belarus-EU border — is more complex and has far wider implications that need to be addressed beyond the proposed instruments.
1.3.
The Committee is very concerned about the authoritarian trajectory of the Belarusian government and condemns any act of repression and intimidation against citizens, the media, political parties, CSOs and the social partners.
It also condemns the way the Belarusian government organised the transfer of persons from third countries to its own territory with the aim of forcing the crossing of EU borders.
This is an unacceptable act of exploiting the lives and aspirations of vulnerable persons and endangering their health and safety.
1.4.
The EESC puts at the centre of its concern the respect for the dignity of all persons and the protection of their fundamental rights.
The EU should respond first by restoring the dignity and rights of those affected.
1.5.
Thus, the EESC calls for an immediate end to push-backs from the EU territory to a country where the safety of people is in danger.
All persons crossing the EU border need to be able to make an asylum claim, if they so wish.
1.6.
The EESC urges the Belarusian government to ensure that people present on its territory are not mistreated, can make an asylum claim, and are not returned to their countries of origin if their life and safety is endangered there, in full compliance with the non-refoulement principle.
1.7.
The EU institutions must engage with Belarus on a multilateral basis, ensuring that the country observes the international treaties regulating asylum and human rights protection.