Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office was published in the Official Journal of the EU on 29 May 2010.
Click here for the link to the Journal.
Category Archives: European Union
Frontex’s 5th Anniversary
Yesterday, 25 May, marked Frontex’s fifth anniversary. Frontex marked the occasion by holding a conference, European Day for Border Guards, “publicising the work of 400,000 border guards in Europe [and] providing a forum for discussion and the exchange of best practices.”
Here is an interesting and thoughtful post on the Frontex anniversary by Professor J. Peter Burgess:
“… FRONTEX is quickly and quietly evolving into a kind of moral testing ground for Europe. It is here that the airy principles of European construction meet the pavement, where decisions are made about the role of rights and responsibilities in the management of Europe’s most dilemma-ridden challenge: the management of its external borders. Border control is the operational theater where Europe meets its others: other worlds, other human beings, other values. It is here where the aspirations of those who long to embrace Europe, to be European, live under the protection of Europe’s social and economic well-being are confronted with European ideals of tolerance and universal rights. It’s also the place where Europe meets its ‘other’ other: trafficking, smuggling and other forms of cross-border criminality. The coherence with which Europe manages its others in both these forms is one measure of the success of the European project.….”
Click here for the full post.
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Filed under Analysis, European Union, Frontex, News
CSDP and Maritime Surveillance
The May edition of the ISIS European Security Review contains an article reviewing the Spanish EU Presidency and the Common Security and Defence Policy (CSDP, formerly ESDP). The article notes that a main priority of the Spanish Presidency has been an “Integrated Maritime Surveillance.” “[T]he Spanish Government has clearly followed the Swedish Presidency in many areas, especially in the creation of an Integrated Maritime Surveillance, probably the most notable accomplishment of this EU Presidency on defence policy. *** The attention paid by Spain to naval protection is not something new: Spanish interest in increasing patrolling across Europe’s coastlines has been proven during the last decade, especially through its support to FRONTEX assistance in the Mediterranean Sea and the Canary Islands. Beyond that, the project of a common management of external borders has resulted in a need for protection of European interests away from the official maritime borders, moving also to trade routes where the EU economic interest is at stake.”
Click here for the ISIS May 2010 Newsletter.
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Filed under Eastern Atlantic, European Union, Frontex, Mediterranean, News, Spain
EU-Libya Association Agreement Negotiations
A Reuters article from 11 May reports that the EU and Libya may sign a cooperation pact known as an Association Agreement before the end of the year and that the pact would address matters such as trade and the control illegal immigration. An EU mission will likely be opened in Libya before the end of the year according to Reuters.
Commissioner Cecilia Malmström during an interview with the Times of Malta several weeks ago referred to her efforts to begin immigration discussions with Libya:
“Libya is not exactly the easiest government to cooperate with and you know that much better being neighbours. It’s a complicated but important country and we will try to move forward. I’ve already written a letter to the Libyan Foreign Minister suggesting that we should sit together and identify areas where we can cooperate more in the field of migration.”
And Frontex’s 2009 General Report states that one of Frontex’s “overriding priorit[ies]” for 2010 is the development of “structured operational co-operation with neighbouring Mediterranean countries.” Presumably Frontex desires such an agreement with Libya.
Click here and here for articles.
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Filed under European Union, Frontex, Libya, Mediterranean, News
LIBE Votes to Refer Frontex Sea Border Rules to JURI
At its meeting on 10 May, the LIBE committee voted to send a request to the JURI committee regarding the Council Decision pertaining to the procedures to be applied during Frontex surveillance and interdiction operations at sea. The request asks the JURI committee to refer the Council Decision to the European Court of Justice on the procedural ground that the Council Decision should not have been dealt with as a comitology measure but instead should be grounded on a legal basis.
I have not yet been able to find a copy of the LIBE committee’s letter to JURI, but a video of the LIBE committee meeting can be found on the EP Multimedia Library here or here. The vote and the brief discussion occurs at approximately 16:44 in the video.
Click here for an earlier post.
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Filed under European Union, Frontex, Judicial, News
Details from Frontex General Report 2009 (Post 1 of 2)
There is nothing really unexpected in the Frontex General Report for 2009. If anything, it disappoints with its limited information.
The number of illegal border crossings at EU borders was smaller by a third in 2009 compared to 2008 and Frontex’s budget increased by 25% to € 88.3 million.
Frontex continued to devote the biggest single portion of its expenditures to maritime enforcement. Almost 40% of Frontex’s total budget, over € 34 million, was spent on sea operations in 2009. This constitutes 55% of the operational budget. The Report notes that this cost is due to the high operating costs of ships and surveillance aircraft.
Expenditures for Frontex facilitated return operations sharply increased by 500% in 2009 to almost € 5.5 million.
Limited Information in the Report – The Report explains that Frontex made a decision in 2008 to decrease the level of detail provided in the General Report. Frontex’s justification is that the Report “is mainly directed towards the general public” and the reduced level of detail “is more suited to this audience.” This practice was unfortunately continued in the 2009 Report.
General Statistics – Overall there were 106,200 “detections of illegal border-crossings” at EU external land and sea borders in 2009. This represents a 33% decrease in overall detected crossings relative to 2008, with a 23% reduction of detections at sea and a 43% reduction at land borders.
The reductions are attributed by Frontex to the economic crisis and to bilateral “collaboration agreements with third countries of departure” such as Libya, Senegal, and Mauritania.
Applications for international protection within the EU were 2% fewer in number than in 2008 and were approximately 50% of the 2001-2002 peak when 420,000 applications for international protection were filed.
Cooperation with Non-EU / Non-Schengen Countries – The Report states that cooperation with third countries, including neighbouring countries and countries of origin, is the critical element in “integrated border management.” It describes Operation HERA as Frontex’s most successful joint operation due to close cooperation with West African countries, particularly Senegal and Mauritania. On other fronts, “considerable progress” was made with Turkey consisting of Turkey’s appointment of a “first point of contact for Frontex related coordination issues” and preparation of a draft text of a possible Working Arrangement agreement. “Ad hoc operational co-operation” was pursued when a targeted country was not willing or able to enter into a formal Working Arrangement with Frontex. An “overriding priority” for Frontex in 2010 is the development of “structured operational co-operation with neighbouring Mediterranean countries.” The Report acknowledges the existence of the bilateral migration agreement between Italy and Libya, but says nothing about its provisions other than to say that there were “contrasting interpretations of the International Law of the Sea” between Member States. There is no criticism in the Report whatsoever of the Italian push-back practice. It is obviously difficult for Frontex to criticise Italy, but was it not possible to note that most people and organizations who have considered the push-back practice have concluded that the practice violates international law?
New Partner Organisations – Frontex formalised a co-operation plan with Europol in October, a Working Arrangement with Interpol in May, a co-operation plan with IOM in February, and made a tripartite agreement with the European Maritime Safety Agency (EMSA) and the Community Fisheries Control Agency (CFCA) relating to maritime surveillance.
More to follow: I will post a second summary with additional information from the General Report pertaining to the specific sea operations for which information is provided within the next day or two.
Click here for the Report.
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Filed under Aegean Sea, Data / Stats, Eastern Atlantic, European Union, Frontex, Greece, Italy, Libya, Malta, Mauritania, Mediterranean, Reports, Senegal, Spain, Turkey
LIBE Vote Scheduled for 10 May re Challenge to Frontex Sea Border Surveillance Rule
LIBE members are scheduled to vote on Monday, 10 May, regarding a request to the JURI committee to approve an ECJ challenge to the new Frontex sea border surveillance rules. Draft Agenda item 4: “Comitology measure on sea border surveillance (FRONTEX): Request to JURI concerning referral to European Court of Justice.” The vote is scheduled to follow a report by Commissioner Cecilia Malmström to LIBE regarding the Commission’s work since its entry into office.
Click here for draft agenda.
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Filed under European Union, Frontex, News
Publication of Council Decision re Rules for Sea Border Operations Coordinated by Frontex
The Council decision on the surveillance of sea external borders has been published in the EU Official Journal: “COUNCIL DECISION of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.”
Malta has strenuously objected to certain provisions within the new rule and has said that its decision not to host Frontex’s Central Mediterranean enforcement operation, Operation Chronos, was due to the disembarkation provisions contained in the new Frontex rule. It should be noted that Malta has more recently said that its decision not to participate in Operation Chronos was due to the lack of need for the operation given the “success” of Italy’s push-back practice.
Malta’s objection to the guidelines is largely focused on the following provision in the rule for sea border operations:
“2. Disembarkation
2.1. The operational plan should spell out the modalities for the disembarkation of the persons intercepted or rescued, in accordance with international law and any applicable bilateral agreements. The operational plan shall not have the effect of imposing obligations on Member States not participating in the operation. Without prejudice to the responsibility of the Rescue Coordination Centre, and unless otherwise specified in the operational plan, priority should be given to disembarkation in the third country from where the ship carrying the persons departed or through the territorial waters or search and rescue region of which that ship transited and if this is not possible, priority should be given to disembarkation in the host Member State unless it is necessary to act otherwise to ensure the safety of these persons.”
Commissioner Cecilia Malmström pointed out during her recent official visit to Malta that the rule could be interpreted by the member states participating in an operation so as to provide for disembarkation of migrants at a location other than the host state.
(HT to Steve Peers (Univ. of Essex) via Bernard Ryan on Migration and Law Network list serve.)
Click here for the Council Decision.
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Filed under European Union, Frontex, Malta, Mediterranean, News
Maltese MEP Appointed EP Rapporteur on Review of the Frontex Regulation
The Malta Independent reports that Maltese MEP Simon Busuttil has been appointed the European Parliament’s rapporteur on the review of the law establishing the Frontex agency. “As a rapporteur, Dr Busuttil will draw up the position of the European Parliament, including amendments to the proposal of the European Commission to change the agency’s legal framework. The changes must be agreed by the European Parliament and the Council of Ministers.”
MEP Busuttil is quoted as saying: “If we want an internal EU area without borders then we should share the responsibility of protecting our external borders. Co-ordination of our air, land and sea borders must improve.” “In Malta we know that Frontex has not performed up to our expectations and I am keen to use the Maltese experience in order to improve the agency where it did not work well.” “Nevertheless, I am mindful of the fact that this agency is not there just for the Mediterranean but for all of Europe and for all of Europe’s borders, including its air and land borders. I will therefore be taking a holistic approach.”
Click here for article.
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Filed under European Union, Frontex, Malta, News
Eurostat 2009 Asylum Statistics Released
Eurostat released asylum statistics for 2009 showing that the largest total numbers of applicants were in France, Germany, and UK and the largest per capita numbers of applicants (relative to member state population) were in Malta, Cypress, and Sweden.
From the Press Release:
“In 2009, there were nearly 261 000 asylum applicants registered in the EU27, or 520 applicants per million inhabitants. The main countries of citizenship of these applicants were Afghanistan (20 400 or 8% of the total number of applicants), Russia (20 100 or 8%), Somalia (19 100 or 7%), Iraq (18 700 or 7%) and Kosovo under UN Security Council Resolution 1244 (14 200 or 5%).”
“In 2009, the highest number of applicants were registered in France (47 600 applicants) followed by Germany (31 800), the United Kingdom3 (30 300), Sweden (24 200), Belgium (21 600), Italy (17 500), the Netherlands (16 100), Greece (15 900) and Austria (15 800). When compared with the population of each Member State, the highest rates of applicants registered were recorded in Malta (5 800 applicants per million inhabitants), Cyprus4 (3 300), Sweden (2 600), Belgium (2 000) and Austria (1 900).”
“In some Member States, a large proportion of the applicants came from a single country. The Member States with the highest concentrations were Malta (60% of the applicants came from Somalia), Lithuania (54% from Russia), Poland (54% from Russia), Hungary (38% from Kosovo under UN Security Council Resolution 1244) and the Netherlands (37% from Somalia).”
Click here for Eurostat News Release.
Click here for Times of Malta article.
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Filed under Data / Stats, European Union, News
Gadhafi Suggests EU-Funded Program to Combat Illegal Immigration
As noted on Euromed-Migrasyl, in an interview with Der Spiegel, Libyan leader Moammar Gadhafi, has suggested that the EU pay Libya €5 billion “to combat illegal immigration”:
“SPIEGEL: In recent years, thousands of people have drowned as they tried to flee from Africa across the Mediterranean to Europe. What can you do to help end this tragedy?
Gadhafi: The European Union should annually pay Libya €5 billion ($6.6 billion) via a special fund to combat illegal immigration. We have a precisely calculated plan to solve this problem.
SPIEGEL: What kind of plan is this?
Gadhafi: We will organize housing and employment projects in the refugees’ African countries of origin so they remain there. We will do the same for those who are already in Libya, give them a place to live and create jobs for them. Furthermore, we are bolstering our border security on land and water with modern radar equipment and vehicles.”
During the interview Gadhafi also called for dissolution of Switzerland and said that his “closest friend in Europe is Italian Prime Minister Silvio Berlusconi.”
Click here for Der Spiegel article.
Click here for second article.
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Filed under European Union, Italy, Libya, News, Switzerland
LIBE Considering Legal Challenge to Council and Commission Over New Frontex Guidelines
Times of Malta reported on Monday that Maltese MEP and LIBE Committee member, Simon Busuttil, who is the EPP coordinator on LIBE, has received a positive legal response to his question regarding whether sufficient grounds exist to bring a legal challenge against the Council and the Commission in regard to the recently approved Frontex sea operation Guidelines. This report follows by a few days Commissioner Malmström’s first visit to Malta and the reaffirmation by Malta that it will not host Frontex’s Operation Chronos.
The Times of Malta states that “The EP’s legal unit advised there were enough grounds to take the EU Council and European Commission to court on the basis that the rules exceed the two institutions’ powers under the EU Treaties.” MEP Busuttil was quoted as saying “I have already gone on record saying that I will not let this one go and this legal advice opens the way to court proceedings to invalidate these rules. I am reasonably confident that the European Parliament has a good case and the European Commission would do well to take this possibility into account and start thinking about Plan B.”
Click here for article.
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Filed under European Union, Frontex, Malta, Mediterranean, News
Malmström: Frontex Sea Operation Guidelines May Be Re-Negotiated by Participating Member States
Commissioner Cecilia Malmström was in Malta on 30 April for meetings with Maltese officials. Malta recently reaffirmed its decision not to host Frontex’s Operation Chronos. Malmström trip was planned before Malta’s announcement. There is no indication that Malta changed its position during Malmström’s visit.
Malmström was interviewed during her visit by the Times of Malta and said that the new guidelines governing Frontex enforcement operations at sea could be negotiated by member states on a mission by mission basis. The new guidelines require that intercepted migrants be taken to the country hosting the Frontex mission, but Malmström said there is the possibility before a mission starts that the participating member states agree on different rules of engagement, which might include the sharing of responsibility where not all intercepted migrants would be brought to country hosting the mission.
Presumably participating member states would not be permitted to negotiate substantive mission by mission changes to the guidelines so as to undercut the very reasons for which the guidelines were recently adopted.
Click here for Times of Malta article.
Click here for video of Times of Malta Interview.
Click here, here, and here for other articles regarding the visit.
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Filed under European Union, Frontex, Malta, Mediterranean, News
14th Ministerial Meeting of Africa-EU Dialogue
The 14th Ministerial Meeting of the Africa-EU Dialogue was held in Luxembourg on 26 April. The meeting topics included preparation for the second Action Plan (2011-13) and the upcoming 3rd AU-Africa Summit which will be held in November 2010. For more information on the Africa-EU Partnership and Dialogue see the EC Development web site and the Europafrica web site. One of the eight thematic partnerships of the Dialogue is Migration, Mobility and Employment.
Click here for the Ministerial Meeting Communiqué.
Click here for the EC Development web article.
Click here for the 2007 Action Plan on Migration.
Click here for information on the Partnership on Migration, Mobility and Employment from Europafrica.net
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Filed under African Union, Communiqués, European Union, News
Malmström: Right to Seek Asylum At Sea Should Be Respected
Commissioner Cecilia Malmström held meetings in Italy yesterday and has meetings in Malta today. In her meeting with Italian Foreign Minister Franco Frattini she suggested that any possible future migration agreement between the EU and Tripoli ”would not follow the model of the [current migration] agreement between Italy and Libya.” ANSA reported she said that while it is ”important to try and begin dialogue” with Tripoli, ”if there is an agreement, it is clear that the fundamental condition for Libya must be adherence to the Geneva Convention or the equivalent among African states ”on the rights of political refugees.”
In regard to current practices, Malmström said that the right to seek asylum should be respected even when one is already at sea. (”Bisogna comunque – ha concluso la Malmstrom – rispettare il diritto di chiedere asilo quando si e’ gia’ in mare”.)
Click here (IT), here (EN), and here (IT) for articles.
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Filed under European Union, Italy, Libya, Malta, Mediterranean, News
MIGRANTS AT SEA 