Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-05-14-Speech-2-167"
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Mr President, ladies and gentlemen, Commissioner, I would firstly like to thank the European Parliament for giving me this opportunity to appear here to give my assessment of the progress we have made during the four and a half months of the Spanish Presidency of the Council of the European Union in what I believe to be one of the key areas of the European Union’s Justice and Home Affairs policy; immigration and asylum.
In the second section of my speech on the progress made so far during the six months of our Presidency, I am going to focus on the key elements of our immigration policy, which is governed by the central idea of the appropriate management of migratory flows, which includes both the idea of legally regulating those flows in accordance with the fair treatment of third-country nationals, and combating clandestine immigration, in particular human trafficking, governed by the idea of cooperation with countries of origin.
In this respect, we have tried to make progress with the gradual unification of our visa systems. To this end, at the General Affairs Council on 18 February, both regulations were approved, establishing a uniform model for visas and a uniform model for the form for issuing a visa granted by Member States to holders of a travel document not recognised by the Member State issuing that form. At the last Justice and Home Affairs Council of 24 April, we supplemented these rules with the Council Decision approving a uniform model for visa applications.
Together with this unification, we have also achieved a general approach for the Regulation establishing a uniform model residence permit for third-country nationals. Amongst other advantages, this regulation will help in the recognition of documents by police border control authorities, which will benefit their holders and will help with better detection of false documents.
Secondly, in order to financially support certain actions proposed by the Member States aimed at promoting cooperation and coordination between national administrations and the transparent application of Community legislation, in the fields of immigration, asylum and borders, at the last Council in April all the Member States reached a general agreement for the approval of the ARGO Programme, which will be in force for five years and will receive EUR 25 million.
Thirdly, there is no doubt that the appropriate management of flows requires the adoption of effective measures to combat clandestine immigration, in particular human trafficking. In this respect, the Conclusions of the Laeken European Council urged the approval of a Global Plan, which we were able to discuss at the informal meeting of Ministers in Santiago de Compostela and which we formally adopted at our meeting of Ministers on 28 February.
Very much inspired by the Commission Communication of November 2001, the Plan is designed to be a programming guide, which will help with the planning of actions which we can start to implement in order to effectively combat the phenomenon of illegal immigration. Allow me to briefly explain the main actions and measures included in this Plan.
Firstly, visa policy; secondly, the promotion of the exchange and analysis of information relating to the problem of illegal immigration; thirdly, the plan deals with a series of measures prior to the crossing of borders; fourthly, the plan focuses on improving the quality and efficiency of border controls; fifthly, another aspect dealt with by the plan are the policies of readmission and repatriation; sixthly, the operative role of Europol in the fight against human trafficking will be increased; and finally the Plan includes many repressive measures to combat these crimes.
It is now a question of making progress with the necessary protection and assistance for victims, the fight against illegal contracting by employers, the confiscation of the proceeds from this trafficking and of the means of transport used, and to make it obligatory for transporters to meet the costs of the repatriation of foreigners who do not meet the requirements for legal entry.
This plan has borne fruit, ladies and gentlemen. Thus, at the Justice and Home Affairs Council following its approval, we adopted certain measures in compliance with it. Likewise, the Council Conclusions on illegal immigration and human trafficking by sea. These Conclusions seek an integral response by the European Union to the massive arrival of immigrants by sea, on the basis of the notion that migratory issues must have a prominent place in the EU’s external relations. In my opinion, this is a fundamental issue which we must be very conscious of and, above all, we must act accordingly and as quickly as possible. I repeat, migratory issues must have a prominent place in the EU’s external relations.
Turning more directly to Justice and Home Affairs issues, we are going to prioritise measures such as the carrying out of a study to improve the control of sea borders, prevention, and the adoption of operative measures, in particular the exchange of information, which is already yielding very good results, and we are going to strongly urge States of origin and transit States to combat human trafficking and readmit illegal immigrants who leave their territory, amongst other things.
The progressive development of a common immigration and asylum policy is an essential part of the area of freedom, security and justice we Europeans have proposed creating in accordance with the Treaty of Amsterdam.
Secondly, as our Heads of State and Government requested in Laeken, we have gone ahead with the determination of a list of third countries with which we must negotiate new readmission agreements, setting the general criteria for that determination.
During April we have also carried out a risk assessment operation in the main airports of the European Union, known as the RÍO operation, whose results, which I presented during the Council held on 25 April, will allow us to improve the cooperation between the border control authorities of the Member States and Europol, and also to ascertain the methods, routes and other procedures employed for the clandestine introduction of immigrants into European Union territory.
Also with a view to this type of cooperation, during this six-month period, the Strategic Committee on Immigration, Borders and Asylum has met for the first time, with the participation of the Heads of the External Border Control Services. This meeting, which is to take place periodically every six months, has established a strategy for improving the operative cooperation of Member States in relation to the control of external borders, in aspects such as risk assessment systems, the situation of our sea borders, and specific training for our agents running border controls.
Furthermore, we have improved the mechanisms to resolve the situation of foreigners who do not fulfil, or who have ceased to fulfil, the conditions for entry or residence, by means of Conclusions on the obtaining of travel documents for the implementation of repatriations.
From another point of view, and as I suggested at the beginning of this speech, in order to manage migratory flows properly, it is essential to promote cooperation between the countries of origin, transit and destination. In recent months, we have intensified the Union’s external relations in this area. I would very briefly like to mention the contacts we have held.
As a follow-up to the meeting of the Council of Justice and Home Affairs Ministers on 28 February, we held a meeting with the candidate countries during which we dealt, amongst other things, with the control of external borders. At this meeting, we communicated a catalogue of recommendations and best practices in relation to the control of external borders and admission and expulsion procedures within the Schengen area, which we had approved that same day.
Similarly, and for the first time within the Union, the fifteen Member States held a meeting with the Russian Justice and Home Affairs Ministers, during which we dealt, amongst other things, with the issue of migration, the management of borders and the readmission policy, and we also communicated to the Russian representatives the catalogue of recommendations I mentioned earlier.
Thirdly, at the Euro-Mediterranean Ministerial Conference in Valencia of 22 and 23 April, we dealt with cooperation in the field of the social integration of immigrants, migration and the movement of people, and to this end we approved a regional programme within the Valencia Action Plan. Furthermore, this Plan indicates the will of the parties to hold a Euro-Mediterranean Ministerial Conference focussing on the issue of migration and the social integration of immigrants during the second half of 2003.
Finally, I would like to mention in particular the Conference on Migration, held within the framework of the ASEM process, in Lanzarote, on 4 and 5 April. This initiative, which stemmed from the Summit of ASEM Heads of State in Peking in October 2000, has served to lay the foundations for dialogue and cooperation between both parts of the world on the general situation of immigration, the management of migratory flows and the fight against illegal immigration. As a result of this meeting, a Declaration was approved which stresses the need for cooperation between Europe and Asia in order to organise migratory flows in an integrated fashion and which specifies, amongst other aspects, the establishment of a network of national points of contact for continuing the dialogue and developing future actions.
So far my speech has focussed on the concrete results achieved over recent months. I would also like to stress the significant impetus which has been given by the various working groups to the different legislative instruments, in the field of both asylum and of immigration.
This immigration and asylum policy must be based on a balanced and global approach. This global framework, in accordance with the Conclusions of the Tampere European Council, must be founded on four fundamental premises: the adequate management of migratory flows, the quest for fair treatment of third-country nationals, cooperation with countries of origin and the establishment of a European asylum system.
I can confirm that there has been considerable progress on the work on the proposed Council Regulation establishing the criteria and mechanisms for determining the Member State responsible for an asylum application, known as Dublin II, or the directive establishing minimum rules on the status of the refugee. In the same way and in accordance with the modified proposals on the minimum rules for the procedure for granting and withdrawing refugee status and on family regrouping, which the Commission presented on 30 April, we will promote the continuation of the work to move these issues forward.
As you will be aware, the Commission has recently presented the Green Paper on a Community policy of returning illegal residents and the communication on "Guidelines for the integrated management of external borders", and we will try to ensure that it is studied by the competent bodies of the Council.
Turning to the field of legal immigration, significant progress has been made on the discussion of a proposed directive regulating the status of non-EU long-term residents and the directive relating to the conditions for entry and residence for the purposes of employed and self-employed work. Under our Presidency a study has begun of a proposed directive on the issuing of short-term residency permits to victims of human trafficking who cooperate with the competent authorities.
Finally, within this section on progress made, I would like to refer to the promotion of European Union action plans with third countries. In particular, in relation to the dialogue with Morocco, there has been progress in the work of the ‘Social Affairs and migrations’ group, which held its second meeting on 12 March of this year in Rabat. I would also like to stress that the High-Level Group on Immigration and Asylum has agreed to send a mission of experts to Morocco to assess a border control programme.
I would like to end my speech by very briefly explaining our work perspectives until 30 June 2002. At the last sitting of the Council of Ministers on 13 and 14 June, the Spanish Presidency will deal with the issue of creating a Visa Database, with regard to which we have consulted the guidelines of the common system for the exchange of visa information. In June we intend to present for your approval draft Council Conclusions which will indicate to the Commission which aspects must be considered and examined in the viability study. This system will represent a further step in the implementation of the Global Plan against illegal immigration and human trafficking and will prevent the issuing of a visa by a consulate of one country of the Union when it has already been refused by another consulate of another Member State.
At the end of this month we expect the results to be presented of a viability study on European border policy which, under the auspices of Italy, is being developed by a working group which also includes representatives from Germany, Belgium, France and Spain.
We also intend to submit a proposal for a decision to the Council on the signing of the readmission agreement negotiated with Hong Kong and the draft negotiation mandate for the Commission in relation to an agreement of this type with the Ukraine.
Furthermore, if during these months sufficient progress is made on the proposed Regulation known as Dublin II, we will submit it for discussion at the final Council of our Presidency.
I would like to end by once again thanking the Commission and Commissioner Vitorino for the fundamental role they have played in these efforts, which would not have been possible without their help. I would also like to thank Parliament for its dedication and cooperation, which have given great impetus to the European Union’s policy on immigration and asylum during the almost five months of the Spanish Presidency of the Council of the Union.
I believe that the assessment of results and perspectives is positive and I can confirm that we are fulfilling many of those objectives which were contained in our working programme and which I was able to present to the Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs on 4 February.
Making progress on these four guidelines was the inspiration behind the Spanish programme of objectives and priorities for the Presidency of the Council of the Union. All of this taking good account of the renewed impetus provided by the Laeken European Council of 14 and 16 December 2001, which put the emphasis on the necessary balance between the protection of refugees in accordance with the principles of the Geneva Convention of 1951, the legitimate aspiration for a better life and the Union and its Member States’ capacity for receiving refugees. Furthermore, we have tried to prioritise those instruments which the Laeken Conclusions considered most urgent to adopt, such as the Global Action plan to combat illegal immigration.
Thank you very much, ladies and gentlemen, and, in particular, thank you very much, Mr President.
In accordance with these ideas, I am going to try to organise my comments on the progress over these months in the field of asylum and immigration by dealing with what I believe must be the two main sources of inspiration for this policy: progress towards a European asylum system and the appropriate regulation of migratory flows, in accordance with the following premises: respect for legality, the fair treatment of third-country nationals, cooperation with States of origin and the fight against illegal immigration and human trafficking.
On the establishment of a common European asylum system, we have taken very important steps at these last two formal Councils of Justice and Home Affairs Ministers. I would like to highlight the directive establishing the minimum rules for the acceptance of asylum seekers in the Member States. This proposal intends to guarantee that asylum seekers arriving in our States enjoy a minimum level of rights essential to a dignified life, including housing, free movement, family regrouping, schooling and education for children, access to employment and professional training.
The Council, following its meeting of 25 April, has achieved a general political orientation on the text of the directive and now we must study the proposals contained in Parliament’s opinion and establish the position of the fifteen States with regard to the contents of the opinion.
In this same field of asylum, I would like to concentrate on another legislative instrument, which we approved on 28 February and which seems to me to be extremely important: the Council Regulation establishing certain rules for the implementation of Regulation No 2725/2000 on the creation of the "Eurodac" system.
Having created the Eurodac system in December 2000, implementation rules became necessary to establish the procedures for identifying asylum seekers by means of an electronic comparison of their fingerprints. This will facilitate the application of the Dublin Convention which, as you well know, determines the Member State responsible for the examination of asylum applications."@en1
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