Debate: The proposed Council decision on provisional emergency measures for the external border with Belarus based on article  TFEU
Date: WEDNESDAY, 15 DECEMBER 2021
Speaker: Margaritis Schinas
Language: EN

By now, we all agree that what has been happening on our eastern external border is not a migration crisis. It is a particularly cruel and shameless hybrid threat. It’s a state—sponsored instrumentalisation of thousands of migrants by the last dictator of Europe for political purposes. It’s unacceptable, and we must put an end to it. This is indeed a dramatic change of circumstances, taking into account that, until last year, irregular crossings from Belarus barely numbered a few hundred. It points to an orchestrated, deliberate attempt to use people as pawns to destabilise the European Union.  Our response has been immediate and continues to be unrelenting. First and foremost, we emphasised the dramatic humanitarian crisis. We have mobilised over EUR 700 000 in humanitarian funding to support partners in providing assistance to vulnerable people. We responded to Belarus flouting international norms with a harsh set of sanctions that we continue to escalate. We have suspended the Belarus visa facilitation agreement. We have proposed a new legal framework that will also be put to your House for approval and that will enable us to adopt targeted measures against transport operators of any mode of transport that engage in or facilitate smuggling or trafficking of people into the European Union.  We are stepping up returns. Nine flights to Iraq have already taken place since mid-October, with over 3 500 people now having being repatriated through Iraqi Airways flights, and we have allocated further EU funding to the International Organization for Migration (IOM) for that purpose. In parallel, we are successfully building a global coalition to oppose the instrumentalisation of people. Transit routes being used by smugglers to bring migrants to the Belarusian border are being shut down one by one. We are providing immediate support to the most affected Member States, also providing support through the Civil Protection Mechanism, deploying our agencies and mobilising additional funds.  As part of this response, following the request of the European Council to proceed with the necessary changes to the EU legal framework, we are proposing, under Article 78(3) of the Treaty, the latest tool from our toolbox of measures to the instrumentalisation of people by Belarus. Article 78(3) of the Treaty is the relevant legal basis to address such an emergency situation characterised by a sudden inflow of nationals of third countries as defined by the Treaty. Our proposal includes exceptional measures applicable only for a limited period of six months. These measures will ensure that Latvia, Lithuania and Poland have the necessary flexibility in terms of the procedures applied at the external borders in full compliance with the Treaties and the respect of fundamental rights. The first leg of the proposals gives our three Member States a proper legal framework for dealing with the asylum and return processes at the border, accompanied by necessary safeguards to respect fundamental rights.  I want here to stress, in the clearest terms, that under no circumstances and in no way are we derogating from the right to asylum, but we are giving Member States and asylum seekers alike a framework that allows for legal certainty, providing the procedural flexibilities that are necessary to deal with these extraordinary circumstances, which will ensure that applications will be registered and processed in accordance with fundamental rights and international obligations. We do that on the basis of EU law and of the Treaties.  The authorities would always need to respect core principles and rights, such as the principle of non-refoulement, and the best interests of the child, or the postponement or removal for health reasons. Finally, the United Nations High Commissioner for Refugees (UNHCR) and the Organization for Migration must have access to the Belarus side of the border to provide assistance to applicants and help with voluntary returns. Our three Member States should also ensure close cooperation with the UNHCR and relevant partner organisations.  The second leg of this proposal puts in place a solidarity framework for our Member States, and this consists mainly of assistance provided by our agencies, the European Asylum Support Office (EASO), Frontex and Europol. The support that our agencies can provide will help the authorities to handle the situation on the ground, and we hope that all Member States request such help. It will range from assistance with the registration and initial processing of asylum applications, screening of vulnerable applicants, to setting up reception facilities or specific border control measures. This proposal is another element, another piece of the puzzle, that responds to the European Council’s call to ensure an immediate and appropriate response to the situation.  But this is not the last one. Yesterday, we presented to the Commission the revision of the Schengen Borders Code and the proposal for a regulation on addressing instrumentalisation in the field of migration and asylum. Our objective is to ensure a stable framework that preserves the right to asylum and ensures the necessary safeguards, as well as the necessary flexibility to support a Member State facing such a situation. For the first time, we are clearly defining the term ‘instrumentalisation’ in law, not politically, and this will allow us to trigger a specific emergency migration and asylum management procedure.  What is happening now on our eastern external border could happen everywhere and we need to be prepared to react swiftly in a systematic and systemic way. Let me also say, knowing the sensitivity of this House about the role of Parliament, that, of course, what is only a consultation procedure under Article 78(3) would be a full legislative procedure with a very important role for this House in the Schengen Border Code so that the views of your Assembly will accurately reflect it.  Let me finish by saying that I firmly believe that we should not only act as firefighters in managing migration, but now it is high time to start and conclude the work as architects – as architects of a new, holistic, cohesive pact for migration and asylum that connects all the dots of the different situations that we are facing, that provides for the necessary guarantees of responsibility and solidarity, and that would allow us to turn the page on European migration policy. With the support of this House, I’m very confident and optimistic that we will get there.