Category Archives: EU and EU Organizations

by | 22 May 2011 · 05:08

Análisis del Real Instituto Elcano: La crisis en el Norte de África y su impacto en la inmigración irregular a la Unión Europea (by Frontex Dep. ED Gil Arias)

Real Instituto Elcano has published an analysis regarding the situation in North Africa and its impact on irregular immigration to the EU.  The analysis was written by Frontex’s Deputy Executive Director Gil Arias.

Of particular interest is the analysis regarding what Frontex believes might occur in regard to migrant flows from Libya under two different scenarios: Gadafi remaining in power or ultimately being removed from power (see Google translation of excerpt below):

“… En el caso de que el régimen de Gadafi recupere el control, la UE y sus Estados Miembros no podrán reanudar la cooperación con un régimen totalmente desacreditado. Se producirá el cese en la aplicación de acuerdos de cooperación policial que en el pasado (desde mayo de 2009) sirvieron para detener los flujos de inmigración irregular desde Libia hacia Italia y Malta. La posibilidad de que ciudadanos de otros países africanos bloqueados en Libia sean obligados o “ayudados” a emigrar a la UE no debe descartarse. De hecho, Gadafi ha amenazado con “abrir la puerta” de la inmigración ilegal hacia Europa.

La OIM estima la cifra de extranjeros presentes en Libia entre 0,5 y 1,5 millones. No obstante, no todos serian candidatos a la inmigración ilegal. Se trata fundamentalmente de trabajadores empleados por empresas extranjeras asentadas en el país, por lo que su intención primaria no sería la emigración a la UE y por otra parte una buena parte de ellos ya han abandonado Libia.

En el peor de los casos, la consecuencia de ese “abrir la puerta” sería la reactivación de los flujos por vía marítima hacia Lampedusa y Malta (eventualmente también Creta, que se encuentra a 200 km de distancia de la costa libia) en un escenario similar al de 2008 (40.000 inmigrantes llegaron a Italia y Malta, con origen en las costas libias) agravado por el efecto adicional de la inestabilidad en el país. Su destino principal serían los países con presencia importante de ciudadanos norteafricanos (Italia, Francia, España, Bélgica y el Reino Unido). El destino de los nacionales de países subsaharianos se encontraría más repartido por toda la UE.

Si Gadafi es derrocado resultará clave la capacidad y rapidez de la oposición para reorganizarse. La oposición se encuentra, por el momento, bastante desorganizada y es probable que se produzcan luchas internas por el poder, especialmente por el control de los campos petrolíferos. Ello podría conducir a un estado persistente de disturbios y a una ausencia de control por un largo periodo de tiempo.

La eventual reactivación de las rutas migratorias hacia la UE dependerá de la capacidad del nuevo régimen para imponer la ley y el orden en el país así como el control efectivo sobre los 2.000 km de costas y 4.000 km de fronteras terrestres libias. En el peor de los escenarios podría darse una situación similar a la de Somalia.

En este escenario, la economía libia puede deteriorarse y elevarse los niveles de desempleo. Actualmente se desconoce la tasa de desempleo en Libia, pero se presume baja. Previsiblemente, la mayoría de los trabajadores desempleados intentará regresar a sus países, pero parte de ellos (sobre todo los nacionales de países inseguros) buscaran otras oportunidades, entre ellas la emigración clandestina a la UE.

La ausencia de ley y orden, especialmente la ausencia de control sobre las fronteras marítimas, llevará rápidamente a las mafias al tráfico de inmigrantes hacia la UE. Los candidatos serían primariamente trabajadores desempleados no deseosos de volver a sus países (mayormente de África Occidental y Oriental, pero eventualmente también libios, egipcios, argelinos y tunecinos). Esta situación impediría, por otra parte, el retorno de quienes fuesen detectados cruzando ilegalmente las fronteras exteriores de la UE.

En tales circunstancias se puede prever un flujo constante de inmigración ilegal durante meses, mayoritariamente por vía marítima, pero también por vía aérea a través de Turquía. La duración en el tiempo de este escenario dependerá de la rapidez con la que la UE o los Estados Miembros y las nuevas autoridades sean capaces de restablecer la cooperación. En este sentido, serán determinantes los acuerdos de readmisión efectivos.

Por último, ha de tenerse también en cuenta el riesgo marginal de que los vencedores realicen acciones de persecución sobre los partidarios de Gadafi, lo que provocaría la huida de éstos del país en busca de refugio….”

Google translation of the above excerpts (NB – this is only a rough translation):

“…In the case of Qaddafi’s regime  regaining control, the EU and its Member States shall not resume cooperation with a discredited regime. Termination will occur in the implementation of agreements on police cooperation in the past (May 2009) served to stop the flow of illegal immigration from Libya to Italy and Malta. The possibility for citizens from other African countries locked in Libya are forced or “helped” to migrate to the EU can not be ruled out. In fact, Gaddafi has threatened to “open the door” of illegal immigration into Europe.

The IOM estimates the number of foreigners in Libya between 0.5 and 1.5 million. However, not all candidates would be illegal immigration. These are mainly employed by foreign companies settled in the country, so that their primary intention would not be the migration to the EU and, moreover, a good portion of them have already left Libya.

In the worst case, the consequence of this “open door” would be the reactivation of the flows by sea to Lampedusa and Malta (and possibly Crete, which is 200 km away from the Libyan coast) in a scenario similar to that of 2008 (40.000 immigrants arrived in Italy and Malta, departing from the Libyan coast) aggravated by the additional effect of instability in the country. Its main destination countries would be a significant presence of North African citizens (Italy, France, Spain, Belgium and the UK). The fate of the national sub-Saharan countries would be more distributed throughout the EU.

If Gadhafi is overthrown will be key capacity and speed of the opposition to regroup. The opposition is, at present, quite disorganized and is likely to produce internal power struggles, especially for control of the oilfields. This could lead to a persistent state of unrest and a lack of control over a long period of time.

The eventual recovery of migratory routes towards the EU depends on the ability of the new regime to impose law and order in the country as well as effective control over the 2,000 km of coastline and 4,000 km of land borders Libya. In the worst case scenario could be a situation similar to Somalia.

In this scenario, the Libyan economy may deteriorate and unemployment levels rise. Currently unknown unemployment rate in Libya, but presumably low. Predictably, most unemployed workers try to return to their countries, but some of them (especially insecure country nationals) to seek other opportunities, including illegal migration to the EU.

The absence of law and order, especially the lack of control over maritime borders, whisk the trafficking mafias immigrants into the EU. Candidates would be primarily unemployed workers eager to return to their countries (mostly from West and East Africa, but also possibly Libyans, Egyptians, Algerians and Tunisians). This would prevent, on the other hand, the return of those who were detected illegally crossing the external borders of the EU.

In such circumstances, can provide a steady flow of illegal immigration for months, mostly by sea, but also by air through Turkey. The long life of this scenario depends on the speed with which the EU or the Member States and the new authorities are able to restore cooperation. In this regard, will determine the effective readmission agreements.

Finally, it must also take into account the marginal risk that the winners perform acts of persecution on Gaddafi’s supporters, causing them to flee the country in search of refuge….”

Click here for the Analysis. (ES)

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by | 20 May 2011 · 15:21

NY Times Commentary: The Killing Seas

Here is an op-ed article from Thursday’s New York Times by Hans Lucht, an anthropologist at the University of Copenhagen and author of the forthcoming “Darkness Before Daybreak: African Migrants Living on the Fringes in Southern Italy Today.” (Scheduled for release Dec. 2011.)

“…. In the long run, Europe should learn from the situation in Libya that paying dictators to make ‘problems’ disappear is not only morally bankrupt but also short-sighted. European leaders must seek commitments from any post-Qaddafi government to handle the challenges of international migration in an orderly and humane fashion. Instead of banishing asylum-seekers to detention camps in the desert, Europe should offer support to Tunisia and Egypt, which are struggling to assist refugees from Libya, and to southern European countries….”

Click here for article.

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by | 16 May 2011 · 06:10

Malta Confirms that it Will Not Host Frontex Mission

The Sunday Times of Malta reports that Malta has again declined to host a Frontex mission because Malta objects to the rules of engagement for such missions which require under certain circumstances that intercepted migrants be brought to the territory of the Member State hosting the mission.  “‘If Frontex changes its mind and manages to convince the other member states about the rules of engagement for the mission it wants to hold in Malta, we will reconsider our position. However, at this stage, we have ruled out the possibility of hosting a Frontex mission’ said [Home Affairs Minister Carmelo Mifsud Bonnici.]”  “Frontex sources said other member states had been sounded out on Malta’s demand to have different rules for its mission based on the ‘closest safe port’ concept. However, the Warsaw-based agency failed to convince them.”

Click here for article.

Click here, here, and here for previous posts on the Malta–Frontex negotiations.

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by | 14 May 2011 · 17:21

Retour des Contrôles Dans L’espace Schengen (by Chappatte)

© Chappatte - http://www.globecartoon.com - Used by Migrants At Sea with permission.

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by | 13 May 2011 · 05:48

Maltese JHA Minister Doubts Migrants Are Being Pushed to Flee Libya

An article in the Malta Independent says that Maltese Justice and Home Affairs Minister Carm Mifsud Bonnici believes it is unlikely that the asylum seekers who have reached Malta in recent weeks have been forced by anyone to flee Libya.  His view is at odds with the statements being made by some of the migrants who have recently arrived in both Lampedusa and Malta.

Mifsud Bonnici “said that he doesn’t think the thousands who have fled from the north African country so far have done so because they were pushed by some people. ‘I don’t think there are any people who are benefiting from this exodus of immigrants to Europe. From the information we have, there is no evidence to suggest that people are being pushed into boats and sent towards Europe. Most immigrants have sought pastures new simply because they fear for their lives. As I have said time and time before, this latest wave of immigration is different to what we have experienced before. Quite a lot of the immigrants who have come to Europe by boat over the past few weeks came with their families, are university graduates, and have a lot of work experience behind them,’ Dr Mifsud Bonnici said.”  The latest boat arrival in Malta carried mostly Libyan nationals.  Over 1100 persons have landed in Malta over the past six weeks.

Click here for article.

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by | 13 May 2011 · 05:24

10+ Countries Agree to Accept 300+ Asylum Seekers from Malta

After the Pledging Conference on Relocation and Resettlement which was held by Commissioner Malmström in the margins of yesterday’s JHA Council meeting, it has been announced that at least ten EU member states (news reports have identified different countries – Germany, Romania, Spain, the Netherlands, Switzerland, Poland, Portugal, Bulgaria, Hungary, Denmark, Slovakia, and Luxembourg have been mentioned) as well several non-EU MS (news reports have mentioned Lichtenstein, Switzerland, and Norway), have agreed to resettle 323 asylum seekers who are currently in Malta.  Germany will reportedly resettle 100 migrants.  Most of the other resettlement pledges are for small token numbers.  There are over 2500 asylum seekers, beneficiaries of international protection, and migrants currently in Malta.

The Commission will provide funding for the extension of the pilot project of relocation from Malta, as well as for resettlement directly from North Africa, undertaken on a voluntary basis by MS.  Funding for the project has previously been provided through the European Refugee Fund.  The pledging conference that was held yesterday was reportedly the first such conference held since the Maltese pilot project known as European Relocation Malta (Eurema) began in July 2009.  The project was scheduled to end this year but has been extended for at least one more year given the current situation in Libya.

Click here, here, and here for articles.

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by | 12 May 2011 · 05:36

Frontex Issues 2011 Annual Risk Analysis

Frontex posted its 2011 Annual Risk Analysis to its web site yesterday. [Update 9 May 2012: 2011 Annual Risk Analysis also available here: frontex_annual_risk_analysis_2011 ]

From the Frontex web page: “Frontex’s Annual Risk Analysis 2011 records the main trends in regular and irregular migration into the European Union in 2010 and offers predictions for the coming year’s trends. Regarding irregular migration, the sharp decrease reported in 2009 (of around a third on 2008) stabilised in 2010; Member States and Schengen Associated Countries reported a total of 104,049 detections of illegal border crossing at the sea and land external borders, a total almost identical to the 2009 figure of 104,599….”

Executive Summary:  “Irregular migration represents a small proportion of the total movement of persons across the borders, three quarters of which are EU nationals. Over 100 nationalities require a visa to enter the EU, accounting for more than 80% of the non-EU population, while about 1 billion nationals from 37 countries do not require a visa. As yet, there are no precise statistics available on passenger flows for 2010, but it is widely regarded to have recovered somewhat from the decline of 2009.

Regarding irregular migration, the sharp decreasing trend reported in 2009 stabilised in 2010; Member States and Schengen Associated Countries reported 104 049 detections of illegal border-crossing at the sea and land external borders, a total almost identical to 2009.

Irregular migration through western African, western Mediterranean and central Mediterranean routes continued to decrease, thus reducing the overall detection of irregular migration of West Africans who, in the past, used to be the most commonly detected migrants on those routes. By contrast, there was an abrupt increase in detections of illegal border-crossing at the land border between Turkey and Greece. Consequently, in 2010 the eastern Mediterranean route became the main channel of irregular migration into the EU, and Turkey – the main transit country for irregular migrants.

The sudden increase in detections of illegal border-crossings along a small section of the Greek-Turkish land border in October 2010 was due to facilitators exploiting variations in the vulnerability of the external border. This development triggered the first deployment of the Rapid Border Intervention Team (RABIT) in November 2010.

At EU level, refusals of entry decreased marginally in 2010; however, trends differed extensively between nationalities. Ukrainians continued to be the main nationality refused entry at EU Member States’ external borders in 2010, mostly at the Ukrainian border with Poland which is one of the busiest border sections along the EU’s external borders. Furthermore, Serbians became the second most frequently refused nationality at the external land borders, with more than an 80% increase, following the visa liberalisation process in the Western Balkans. At the external air borders, Brazilians continued to be the nationality most often refused despite the fact that these refusals declined by more than 20% compared to 2009.

At the end of 2010, the detection of false documents at entry points to the EU reached their highest level since data collection began in early 2009. Apart from this increase, there are reports of widespread abuse of authentic documents by unauthorised users known as impostors.

Looking ahead, regular passenger flows across the external borders will increase due to rising global mobility, possible visa-liberalisation procedures for the EU’s eastern European partners and new local border-traffic agreements along the eastern borders. These developments will increase the workload of border-control authorities in preventing the use of legal channels for overstaying. In addition, Europe will host two major sporting events – the Olympic Games in London and the UEFA Euro 2012 in Poland/Ukraine.

Consistent with the increasing flow of passengers, the growing number of registered traveller programmes (RTP) should further facilitate bona fide passenger flows and will put additional emphasis on risk analysis-driven border checks in order to ensure the smooth flow of legitimate passengers.

There might be changes in the external Schengen and EU borders in 2011 or 2012, with the possible entry of Romania and Bulgaria into the Schengen area and Croatia’s possible accession to the EU.

The most likely high-pressure points for illegal border-crossings in 2012 will be along the Mediterranean coast and the land border with Turkey. Migrants with relatively easy access to Turkey or North Africa will continue to typify the flow.”

Click here for the Frontex statement.

Click here for the 2011 Annual Risk Analysis.  [Update 9 May 2012: 2011 Annual Risk Analysis also available here: frontex_annual_risk_analysis_2011 ]

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by | 12 May 2011 · 04:27

Extraordinary JHA Council Meeting 12 May

From the Europa web site:  “This Council meeting will focus mainly on migration and border related issues arising from the situation in the Southern neighbourhood region. Ministers will follow up the European Council conclusions of 11 March (EUCO 7/11) and 24-25 March (EUCO 10/11, pt 18-26) and the Council conclusions of 11-12 April 2011 (8909/11). They will also discuss a related communication to be presented by the Commission. The state of play as regards the proposal for modifications to the 2004 regulation that established the European agency for the management of operational cooperation at the external borders of the EU member states (FRONTEX) will also be reviewed at a meeting of the Mixed Committee in the margins of the Council….”

From the Commission’s Memo:

“Main Council agenda items:

[***] The Commission expects the Council to support the main lines of action set out in its 4 May Communication on migration for a more structured, comprehensive response to the challenges and opportunities of migration. These proposals, which come in addition to the urgent short-term measures already taken by the Commission to deal with the migration situation in the Southern Neighbourhood and migration pressures on frontline Member States, will be followed by flanking initiatives in the coming weeks and months. A first series of proposals, notably on integration and migration relations with the Southern Mediterranean, will be submitted to the College for adoption on 24 May.

Background: On the 4th of May 2011 (IP/11/532 and MEMO/11/273), the Commission presented its comprehensive strategy for a common EU asylum and migration policy, also in view of the current developments in the Mediterranean. The initiatives cover various aspects of migration, including provisions for:

  • Effective and credible controls at the EU external border (strengthening of Frontex; exploring the feasibility of creating a European system of borders guards).
  • An improvement of Schengen governance (guidelines to ensure a coherent implementation of the Schengen rules; revised evaluation mechanism based on a Community approach; a possible EU-coordinated mechanism allowing for the temporary reintroduction of controls at the internal borders, as a last resort and under exceptional circumstances)
  • An effective and responsible approach to tackling irregular immigration (effective implementation of EU legislation and rethinking of the EU readmission policy).
  • Promoting mobility in a secure environment (possible development of a ‘new generation’ of border checks; proper use of visa liberalisation combined with safeguards).
  • Achievement of a Common European Asylum Policy (adoption of the Commission proposals already tabled).
  • Further development of common rules on legal migration and an exchange of experience and best practices on the integration of migrants.
  • Deepened relations with third countries in the framework of the Global Approach to Migration, in particular through enhanced dialogues and Mobility partnerships with countries in the Southern Mediterranean.

2. Strengthening Frontex Agency

[***] Commission’s position: The Commission expects that the European Parliament and the Council will deploy all necessary efforts to find an agreement on the Commission’s proposals by the end of June, considering that such an agreement would help Frontex to better assist the EU in facing the current migration situation.

Background: In February 2010 (IP/10/184 and MEMO/10/45), the Commission made proposals to strengthen European Union’s border management agency, Frontex. The proposals include reinforcing the legal framework to ensure full respect of fundamental rights during Frontex activities and enhancing the operational capacity of Frontex to support Member States. With the new proposal, Member States would put more equipment and more personnel at the Agency’s disposal. Frontex would be able to co-lead border patrols operations with EU Member States or lease and buy its own assets (such as vessels or helicopters). It would also be allowed to provide technical assistance to third countries and deploy liaison officers in third countries.

3. Evaluation and future strategy for EU readmission agreements (EURAs)

[***]

Pledging Conference on relocation and resettlement

[***]

Commission’s position: The Commission took the initiative to gather the Ministers, expecting confirmation of their commitment to engage in further relocation of refugees from Malta and to resettle refugees stranded in North Africa. This would demonstrate the concrete solidarity the EU and its Member States are willing to show in times of need, both internally with its own Member States and to its international partners. The Commission is ready to provide funding for the extension of the pilot project of relocation from Malta, as well as for resettlement from North Africa undertaken on a voluntary basis by Member States.

Background: The implementation of the EU relocation pilot project with Malta has been ongoing for more than a year and it has been a success in demonstrating concrete intra-EU solidarity by the relocation of refugees present in Malta to other Member States. In April, the Council adopted conclusions on solidarity, where it reaffirmed the need for solidarity towards Member States most directly concerned by migratory movements and welcomed the Commission’s intention to extend the existing pilot project for the relocation of refugees from Malta. Several Member States have announced their intention to participate in this project. In its conclusions, the Council also requested the Commission to facilitate resettlement activities undertaken on a voluntary basis by the Member States, also by means of financial support. The resettlement of refugees stranded in North Africa had already been discussed at a meeting on the 25th of March, with the participation of the UNHCR, during which Member States provided information on their commitments to resettle a number of refugees from the region.”

Click here for Commission’s Memo

Click here for Agenda.

Click here for Background Note.

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by | 11 May 2011 · 00:06

Libya: Because of NATO Aggression, We Cannot Be Guards of Europe

From an AP story about the sinking of the migrant boat that left Tripoli last week, killing hundreds of persons:

“… International agencies say some recent migrants report being forced onto dangerously packed ships at gunpoint by Libyan soldiers. A spokesman for Moammar Gadhafi suggested that increased illegal immigration was the price European nations would pay for their military and political support of the rebels trying to topple Libya’s strongman. ‘Because of the NATO aggression against our country and because our coastal border guard is being hit daily … we are unable to deal with this situation and that is why Europe is being flooded with illegal immigration,’ government spokesman Moussa Ibrahim said. ‘We cannot be the guards of Europe at this moment.’…

The U.N. said migrants’ boats started leaving Libya for Europe again on March 25, the day NATO took over military operations. About 14,800 since have made the gruelling journey across the Mediterranean in rickety ships run by smugglers who rarely provide enough food and water. At least 800 people had been lost at sea in three boat sinkings before the latest ship went down with 600 aboard off Tripoli on Friday, the U.N. said.  Five boats carrying 2,400 people have arrived in recent days on the Italian island of Lampedusa, the closest European point to Libya. Every one of those boats needed to be rescued by the Italian coast guard and police, the U.N. said.

‘We know that the people running the boats are smugglers. But obviously you cannot have over 2,000 people leaving in a few short days without the government knowing and allowing it,’ U.N. refugee agency spokeswoman Sybella Wilkes said. ‘That port of Tripoli is under government control.’…”

Click here for full text of article.

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by | 05 May 2011 · 05:08

Europol 2011 Organised Crime Threat Assessment – Illegal Immigration and THB

Europol just issued its 2011 Organised Crime Threat Assessment (OCTA) (OCTA_2011-1).  The report contains Europol’s assessments regarding “current and expected trends in organised crime affecting the European Union.”  Among the topics discussed are the facilitation of illegal immigration and trafficking in human beings.

The report notes that the increased control of the external borders of the EU, combined with other immigration controls, has resulted in irregular migrants turning to organised crime groups to facilitate their entry to the EU.  The report notes that increased enforcement activities which successfully reduce illegal immigration in certain areas may result in substantial increases in illegal immigration in other areas.

The report indicates that organised criminal groups are exploiting and will continue to exploit the social and political unrest in North Africa and that organised crime groups are responsible for facilitating the movement of the thousands of Tunisians who have entered Italy.

The report notes that the accession of Bulgaria and Romania to the Schengen zone “may yield increased illicit traffic through these countries and the possible displacement of illegal immigration flows from the Turkish-Greek border.”

Excerpts from the 38 page report pertaining to the facilitation of illegal immigration:

“[I]ncreasing control of external borders, the introduction of higher quality travel documents and other protective measures implemented by destination countries are making illegal immigration more difficult for individual migrants, forcing them to seek the services of organised crime groups.

International agreements and coordinated law enforcement activities have a significant impact on the flows of illegal immigrants along established routes. In 2010, a sharp reduction in the use of sea routes was accompanied by a substantial increase in illegal overland entries, overwhelmingly concentrated on the Turkish-Greek border.

Besides being the natural gateway for immigrants from the Middle East and Asia, Turkey is now the final step towards the EU for migrants with many other origins, including North and West Africans. Its geographical position, the presence of historical smuggling routes and the comparative ease with which entry visas may be obtained have transformed Turkey into the main nexus point for illegal immigrants on their way to Europe.

[***]

Legislation aimed at safeguarding certain inalienable individual or social rights is manipulated by organised crime groups with specialist expertise. Political asylum requests, and family reunions following marriages of convenience with EU citizens, are among the most frequently abused procedures. In addition, a prevalent tactic is to exploit loopholes and the lack of harmonisation in current legislation.

[***]

Criminal Groups

Organised crime groups involved in the facilitation of illegal immigrants tend to be structured in loose networks of smaller groups with ethnic or other cultural connections to customers. By the same token, illegal immigrants tend to be recruited by, or approach facilitators from, the same ethnic background. However, few criminal groups have the capacity to manage all stages from source to destination country. The further migrants get from their country of origin, the greater the chance that their facilitators will be of an ethnic origin different from their own. Along the route, small local criminal groups receive and house transiting illegal immigrants, facilitating their passage to the next stage. In the often extended time between stages, transiting migrants are frequently exploited in illicit labour, thus marking a point of contact between illegal immigration and trafficking in human beings (THB).

Organised crime groups in destination countries play a fundamental role in the smuggling of migrants. Criminals, often legitimately resident in the EU, facilitate the last step of the migrants’ journey, in some cases collecting final instalments of transportation fees, and are in an ideal position to profit from newly arrived migrants, sometimes employing forms of exploitation typical of THB.

The most widely reported organised crime groups involved in the facilitation of illegal immigration are of Chinese, Turkish, Albanian, Indian, Iraqi, and Russian origin. Chinese, Vietnamese, Indian, Pakistani, and some West African groups are among the most capable, managing all successive phases of illegal immigration from source to destination countries. Although these groups may sub-contract part of the transportation or the production of falsified documents, they maintain effective control over the illegal immigrants throughout.

The growing importance of Turkey as a nexus point for migrants is likely to be further exploited by Turkish organised crime groups already extremely skilled in managing routes for illicit commodities and will make the most of their resources and contacts in the EU to maximise profits from this lucrative criminal market….

[***]

Criminal hubs

Political and legislative initiatives impact on regional dynamics, resulting in frequent shifts between hubs and preferred nexus points outside the EU.

Migrant flows across the Mediterranean Sea and illicit entries at the Eastern land borders have both significantly decreased. Greece is now the focus for illegal entry to the EU, and while levels of illegal migration connected with seasonal work patterns between Albania and Greece have decreased in the last year, illicit entries of migrants from Turkey have increased by over 500 per cent between 2009 and 2010

The South East criminal hub is therefore under the heaviest pressure. As a result also of its proximity to the Western Balkans, the hub’s centre of gravity for this criminal problem is currently Greece.

[***]

The Southern criminal hub is a landing zone for many immigrants who have entered the EU through Greece, and who either remain in Italy or proceed to other MS. Illegal immigrants are often exploited or employed by organised crime groups active in the hub.

Emerging and Future Issues

The social and political unrest pervading North Africa since January 2011 is likely to have a significant impact on the internal security of Southern Europe. By exploiting the present political vacuum and the diminution of police capability to maintain public order and combat criminal activity, organised crime groups are facilitating several thousands of illegal immigrants, mainly of Tunisian origin, in their attempt to cross the Mediterranean and reach Europe. This carries an inherent risk to the internal security of the EU.

The large and growing number of illegal immigrants from countries and regions in which Islamist terrorist groups are active – such as Chechnya, Afghanistan, Iraq, Pakistan and Somalia – raises the possibility that channels for illegal immigration will be used increasingly by those seeking to engage in terrorist activity in the EU.

In the absence of any significant harmonisation of standards with regards to visa issue for a variety of purposes (including settlement for marriage and family reunions) a further increase in the abuse of legitimate migration procedures is likely.

The possible accession of Romania and Bulgaria to the Schengen Zone will greatly widen the Eastern green and blue borders. This has the potential to release the pressure on the Turkish-Greek border, and lead to increased targeting of Bulgaria and the Black Sea coast by illegal immigrants and their facilitators.

Turkish organised crime groups, currently in a dominant position at the biggest nexus point for migrants, will exploit further opportunities for delivering illegal immigrants to the EU by means of the Black Sea and the flourishing Turkish diaspora in Bulgaria….

[***]

… The role of the Western Balkans as a logistical hub will be sustained and may even grow further, while the proposed accession of Bulgaria and Romania to the Schengen zone may yield increased illicit traffic through these countries and the possible displacement of illegal immigration flows from the Turkish-Greek border. In this event, Member States in South East Europe may require additional operational support. In light of the continued prominence throughout the EU of Albanian speaking criminal groups, strategic and operational partnerships with authorities in the Western Balkans will be increasingly important.

Ongoing political instability in countries close to the borders of the EU and transit areas for illicit commodities has the potential to alter trafficking routes and create new illegal migration flows. In countries such as Tunisia and Egypt the process by which serving regimes are replaced may result in power and investment vacuums in both the public and private sectors. Some of these could be filled by those with sufficient resources to exploit the instability for criminal ends, including EU organised crime groups. In politically fragile environments organised crime can also prosper by providing essential services such as transport infrastructure, and food and fuel supply. The effects of illegal immigration as a result of instability in North Africa – already experienced by Italy – are likely to spread if levels of unrest persist or increase. Should living conditions deteriorate in the longer term, the EU is likely to see an increase also in victims of THB from this region….

[***]”

Click on this link OCTA_2011-1 for OCTA report.

Click here for Europol press release.

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by | 04 May 2011 · 15:16

Commission Communication on Migration of 4 May

The European Commission today issued a Communication on Migration (COM(2011) 248 final) in response to the ongoing arrivals of migrants and asylum seekers in Italy and Malta and in response to the calls by Italy and France for changes in the implementation or interpretation of the Schengen Agreement.

France has welcomed the Commission’s Communication: “We note with interest that the Commission is considering establishing a mechanism for the temporary reintroduction of controls on some sections of internal borders in cases of difficulties or failures of a Member State. We also welcome the emphasis on strengthening the operational capacity of Frontex, the prospect of ultimately creating a European border guard that France has repeatedly called for. Finally, we welcome with satisfaction the intention of the Commission to propose a suspension clause of the liberalization of visa abuse.” (“Nous relevons ainsi avec intérêt que la Commission envisage l’établissement d’un mécanisme permettant la réintroduction temporaire des contrôles à certaines sections des frontières intérieures en cas de difficultés ou de défaillances d’un État membre. Nous nous félicitons aussi de l’accent mis sur le renforcement des capacités opérationnelles de FRONTEX, avec la perspective de créer à terme un système européen de garde-frontières que la France a régulièrement appelé de ses vœux. Nous accueillons enfin avec satisfaction l’intention de la Commission de proposer une clause de suspension de la libéralisation des visas en cas d’abus.”)

Excerpts from the Commission’s Communication on Migration:

“[***]

The purpose of this Communication is to set recent and future policy proposals in a framework that takes account of all relevant aspects and allows the EU and its Member States to manage asylum, migration and mobility of third-country nationals in a secure environment.

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The continuously evolving situation in our Southern Neighbourhood requires rapid responses. Building upon the European Council Conclusions of 11 and 25 March, the European Parliament’s Resolution of 5 April1, and, the joint Communication of the Commission and the High Representative of 8 March, the Commission will present on 24 May a package of proposals to ensure a coherent EU approach in the area of migration, mobility and security with the Southern Mediterranean countries.

However, the need to address this challenging and evolving situation should not lead to a short-term approach limited to border control without taking account of long-term issues.

[***]

The EU should also ensure that it has in place safe and efficient asylum procedures for people in need of protection. Sixty years after the signature of the Geneva Convention on the Status of Refugees, it is time for the EU to reaffirm its commitment to offer protection to any persecuted third country national or stateless person arriving on its territory. A Common European Asylum System, offering a high level of protection and reducing the disparities among Member States’ asylum systems, must be completed by 2012, as agreed by the European Council.

[***]

At the same time, as recent events have starkly illustrated, the EU continues to face serious challenges in the development of its migration policy. The vulnerability of some sections of the EU’s external borders is a clear example, notably in the Southern Mediterranean and at the land border between Greece and Turkey. In particular, measures must be taken to prevent large numbers of irregular migrants, often exploited by unscrupulous criminal networks, from arriving in the EU. The EU should accordingly pursue a migration policy based on ensuring that inward migration is effectively managed and ensure that the need for enhanced mobility does not undermine the security of the Union’s external borders. While this Communication naturally focuses on regions of most immediate concern, the EU’s migration policy follows a geographically comprehensive approach.

[***]

However, while the current crisis confirms the need for increased solidarity at the European level and better sharing of responsibility, it must be recognised that the EU is not fully equipped to help those Member States most exposed to massive migratory movements.

[***]

Building on the experience gained so far with the current pilot project on relocation from Malta, the Commission will support an extension of this project in view of the current influx of migrants seeking international protection there, to be implemented in close cooperation with the United Nations High Commissioner for Refugees and the International Organisation for Migration.

However, the currently available instruments fall short of fulfilling all the needs and providing a comprehensive response. They can only be resorted to in an ad hoc manner, and are entirely dependent on the will of Member States to voluntarily offer assistance – in whatever form – at a given point in time. This in turn exposes the EU to criticism and risks undermining the trust of the citizens in the EU.

The Commission will closely monitor the continuously evolving situation and may decide, if the relevant conditions are met, to trigger the Temporary Protection Directive3 to provide immediate and temporary protection to displaced persons from third countries that are unable to return to their country of origin.

The Commission will make further proposals during 2011 on delivering solidarity in a holistic manner and how concretely such assistance can be delivered. A number of different approaches are currently being studied, with a view to developing alternatives that will allow urgent needs to be responded to in a more rapid and structured fashion. This initiative will build on the appropriate legal basis of the Lisbon Treaty, such as Articles 80 and 78 paragraph 3, and will draw lessons from the situation in Greece, particularly at the land border between Greece and Turkey, and the crisis in the Southern Mediterranean; it will include possible ad hoc measures to be resorted to in case of particular temporary pressure on one or several Member States, as well as more structural means of ensuring solidarity, both financial and in the form of practical cooperation and technical assistance (e.g. via FRONTEX, EASO, joint operations).

[***]

FRONTEX’s role is key in channelling resources to places where the border is under pressure, as shown by the deployment – for the first time ever – of rapid border intervention teams to the Greek-Turkish land border in 2010 and the deployment of the joint naval operation HERMES to support Italy in 2011. FRONTEX’s legal framework needs be updated to allow it to be more effective in terms of its operational capacity to act at the external border. The Commission proposed the necessary changes in February last year5 and it is now urgent, especially in the light of recent events, that the Council and the Parliament approve this proposal before the end of this semester, as called for by the European Council.

[***]

[A] clear system for Schengen governance is needed. Currently the Union still relies on an intergovernmental system of peer reviews to ensure the application of the common rules. The current revision of the Schengen evaluation mechanism should be based on a Community approach with participation of experts from Member States, FRONTEX and lead by the Commission. The proposed mechanism would ensure more transparency and improve the follow-up of shortcomings identified during the experts’ evaluations. The Commission will also issue guidelines to ensure a coherent implementation and interpretation of the Schengen rules.

A mechanism must also be put in place to allow the Union to handle situations where either a Member State is not fulfilling its obligations to control its section of the external border, or where a particular portion of the external border comes under unexpected and heavy pressure due to external events. A coordinated Community-based response by the Union in critical situations would undoubtedly increase trust among Member States. It would also reduce recourse to unilateral initiatives by Member States to temporarily reintroduce internal border controls or to intensify police checks in internal border regions which inevitably slow down the crossing of internal borders for everyone. Such a mechanism may therefore need to be introduced, allowing for a decision at the European level defining which Member States would exceptionally reintroduce internal border control and for how long. The mechanism should be used as a last resort in truly critical situations, until other (emergency) measures have been taken to stabilise the situation at the relevant external border section either at European level, in a spirit of solidarity, and/or at national level, to better comply with the common rules. The Commission is exploring the feasibility of introducing such a mechanism, and may present a proposal to this effect shortly.

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One of the main purposes of the Common European Asylum System is to reduce the wide divergence in the outcome of asylum applications lodged in different countries of the EU, and to ensure a common set of procedural and substantive rights which can be relied on across the Union, while ensuring full compliance with the 1951 Geneva Convention on refugees and other relevant international obligations.

In 2010, there were some 257 800 asylum seekers registered in the EU, or 515 applicants per million inhabitants. Ten Member States accounted for more than 90% of applicants registered in the EU17.

It is time to complete the Common European Asylum System by reaching agreement on a balanced package by the 2012 deadline agreed by the European Council in December 2009. To that end, the Commission will shortly put forward modified proposals on the Reception Conditions and the Asylum Procedures Directives. A balanced agreement on the revision of the Dublin Regulation must be reached, including on a last resort emergency mechanism in case of exceptional pressures, and on the revised Eurodac system.

[***]”

Click here for the Communication – COM(2011) 248 final.

Click here for Commission Press Statement and here for Commission FAQs.

Click here for French Government’s Point de Presse.

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by | 04 May 2011 · 04:29

Spain’s Security Secretary Visited Mauritania to Strengthen Bilateral Immigration Cooperation

Spanish Secretary of State for Security, Antonio Camacho, travelled last week to Mauritania, Niger, and Mali to strengthen bilateral cooperation on illegal immigration and organised crime.

Spain and Mauritania agreed to strengthen their cooperation on immigration control and to expand cooperation to include efforts to combat drug smuggling using the same joint cooperation model currently being used for illegal migration.  Camacho said Spain is committed to continue providing material resources to the Mauritanian security forces to “further improve the tools at their disposal to deal with security threats and to strengthen their border control mechanisms.”  Camacho thanked Mauritania for its efforts to block illegal migration towards Spain and noted that only one boat (cayuco) reached the Canary Islands from Mauritania in 2010 and that no boats had so far reached the Canary Islands in 2011.  Spain and Mauritania began their close cooperation on immigration control in March 2006.

While in Mauritania, Camacho visited the 50 members of the Spanish National Police and Civil Guard who are stationed in Nouadhibou as part of Spain’s extraterritorial immigration control measures.

Click here (ES), here (ES), and here (FR) for articles.

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by | 03 May 2011 · 04:06

New Study: Implementation of Article 80 TFEU on the principle of solidarity between MS in the field of border checks, asylum and immigration

The European Parliament’s Directorate-General for Internal Policies, Policy Department C, Citizens’ Rights and Constitutional Affairs, released a 120+ page study in April entitled “The Implementation of Article 80 TFEU on the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States in the field of border checks, asylum and immigration.”

The study was made by Prof. Dr. Dirk Vanheule, Project Director, Dr. Joanne van Selm, and Dr. Christina Boswell and was prepared at the request of the LIBE committee.

ABSTRACT:  “The study assesses the scope and implications of Article 80 TFEU, which relates to the principle of solidarity in the field of Border Checks, Asylum and Immigration. The study analyses primary and secondary sources of European law in order to identify the implications of Article 80 TFEU in terms of obligations and jurisdiction. It also discusses the results of a questionnaire that was administered to senior public officials in the EU, collecting their views on the scope and possible mode of implementation of Article 80 TFEU. The study’s conclusions outline some practical solutions for the implementation of new solidarity mechanisms in the field of EU immigration and asylum policies.”

Click here for the full study.

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by | 03 May 2011 · 03:47

MEPs Express Concern Over Possible Changes to Schengen Rules

According to an EP press release, during Monday’s LIBE meeting, MEPs expressed concern over the “Commission’s announcement that it is considering a temporary reintroduction of checks at the EU’s internal borders.”

From the EP press release:

“‘Schengen governance is suffering too much from inter-governmentalism’, said the Commission representative [at the LIBE meeting], adding that the Commission would table a communication on the issue on 4 May. The Commission paper will seek to ‘replace the unilateral re-introduction of border controls by a Community mechanism’. This would enable the Commission temporarily to impose checks at national borders, in exceptional circumstances and as a last resort.  [Click on this link [DRAFT 15-04-2011] for a draft version of the Commission Communication on Migration.]

‘The decision would be taken collectively, and not unilaterally as is now the case’, said the Commission representative, pointing out that, at present, Member States’ decisions to restore internal border checks cannot be challenged before the European Court of Justice.

‘Schengen should not be weakened’, said Civil Liberties Committee rapporteur Carlos Coelho (EPP, PT), asking for ‘some precaution’ on this issue….

According to the Commission representative, the 4 May communication, to be unveiled ahead of the extraordinary meeting of the Justice and Home Affairs Council on 12 May and of the European Council in June, will provide a long-term perspective for migration policies.

The communication will focus on the management of the Schengen area and propose ways to improve the administration of the visa system. It will also address the common asylum system, which needs to overcome the current impasse in the Council, and the ‘security and mobility partnership’….

‘This is not a Schengen problem, this is a social problem’ to do with migration, said Birgit Sippel (S&D, DE), adding that ‘I am bothered about the timing’ of these requests by Sarkozy and Berlusconi.

The ‘Council is not willing to deal with migration’, added Judith Sargentini (Greens/EFA, NL). Concerning the reintroduction of border controls, she called for a clear definition of ‘temporary’. Franziska Keller (Greens/EFA, DE), asked ‘Which are the specific cases and who decides what is an emergency or not?’…”

Click here for EP press release.

Click on this link [DRAFT 15-04-2011] for draft version of the Commission Communication on Migration.

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by | 02 May 2011 · 14:15

Draft Commission Communication on Migration

[UPDATE 4 May 2011 – the FINAL Communication on Migration was released today.  Click here for Communication and click here for my updated post.]

The European Commission will consider and likely adopt a Communication on migration on Wednesday, 4 May.  Below are excerpts from a draft document which appears to have been under consideration as of 15 April.  The draft Communication  [DRAFT 15-04-2011] includes proposals for burden sharing under certain circumstances and “a mechanism [for the introduction of] a coordinated and temporary reintroduction of [internal EU border] controls.”  

Excerpts from the draft:

“Table of Contents

1……….. Introduction

2……….. Crossing the borders

2.1…….. Coping with the crisis: the short-term measures

2.2…….. Border controls

2.3…….. Schengen governance

2.4…….. Preventing irregular immigration

3……….. Moving and living in an area without internal borders

3.1…….. Organised mobility

3.2…….. A consistent policy on mobility including visas

3.3…….. A properly managed legal migration

3.4…….. Building an inclusive society by integrating immigrants

4……….. Providing international protection to persons in need

5……….. Migration in External relations beyond the crisis

5.1…….. The Global approach to migration

5.2…….. Beyond the crisis: the EU and the Southern Mediterranean in partnership

1.  Introduction

[***]

Some Member States, such as Italy, Malta, Greece and Cyprus are more directly exposed to massive arrivals of irregular migrants and, to a limited extent, of persons in need of international protection. This is not a national problem alone, but needs also to be addressed at the EU level and requires true solidarity amongst Member States.

The EU must ensure quick assistance to all persons in need – as it has done notably at the Tunisian-Libyan border – and provide shelter to those in need of international protection. Whilst the EU must maintain and consolidate its tradition of granting asylum and protection it should also foresee the appropriate tools in order to prevent large number of economic migrants crossing the borders irregularly. To reach these objectives, managing effectively the EU borders is a condition of credibility inside and outside the Union.

The continuously evolving situation in our Southern Neighbourhood requires rapid responses. Building upon the European Council Conclusions of 11 and 25 March, and the joint Communication of the Commission and the High Representative of 8 March, the Commission will present on 24 May a package of proposals to address the EU approach in the area of migration, mobility and security with the Southern Mediterranean countries.

However, the absolute need to address this challenging and evolving situation should not lead to a short-term approach limited to border control without taking account of long-term issues. Dialogue and cooperation with countries of origin and of transit of these migrants is essential. Such collaboration needs to be built on security and good governance for the establishment of mutually beneficial policies in the field of legal migration. It also implies enhanced economic cooperation in order to develop the conditions for growth and employment in the countries of origin, to address the causes of irregular migration and to promote a pact for development and well managed legal migration in its various forms.

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2.1   Coping with the crisis: the short-term measures

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Those Member States that are most exposed to the growing flows of refugees and irregular migrants have been helped with the financial consequences of the displacement. To this end, around 25 MEUR which were identified under the External Borders Fund and European Refugee Fund.

While the current crisis confirms the need for increased solidarity at the European level and better sharing of responsibility, it must be recognised that the EU is not fully equipped to help those Member States most exposed to massive migratory movements.

The financial resources available under the General programme “Solidarity and Management of Migration Flows” are inadequate to respond to all requests for assistance. First, these funds can not be mobilised easily; they are designed to intervene in a stable situation and not to tackle emergencies and crisis. Secondly, the magnitude of the problems largely exceeds the existing facilities.

In the context of the next Multi-Annual Financial Framework, the European Parliament, the Council and the Commission, will have to draw lessons from the current crisis. For the EU to react quickly and effectively in the case of unforeseen events or emergencies, Home Affairs funding should be adapted so that it can be mobilised much more rapidly and flexibly, including in third countries.

In principle, other forms of solidarity exist to respond to the dramatic events taking place in the region. Building on the experience gained so far with the current pilot project on relocation from Malta, the Commission will support an extension of this project in view of the current influx of migrants seeking international protection there, to be implemented in close cooperation with the United Nations High Commissioner for Refugees and the International Organisation for Migration. However, the currently available instruments fall short of fulfilling all the needs and providing a comprehensive response. They can only be resorted to in an ad hoc manner, and are entirely dependent on the will of Member States to voluntarily offer assistance – in whatever form – at a given point in time. This in turn exposes the EU to criticism and risks undermining the trust of the citizens in the EU.

The Commission will closely monitor the continuously evolving situation and may decide, if the relevant conditions are met, to trigger the Temporary Protection Directive to provide immediate and temporary protection to displaced persons from third countries that are unable to return to their country of origin.

The Commission will make further proposals during 2011 on delivering solidarity in a holistic manner and how concretely such assistance can be delivered. A number of different approaches are currently being studied, with a view to developing alternatives that will allow urgent needs to be responded to in a more rapid and structured fashion. This initiative will build on the appropriate legal basis of the Lisbon Treaty, such as Articles 80 and 78 paragraph 3, and will draw lessons from the situation in Greece, particularly at the land border between Greece and Turkey, and the crisis in the Southern Mediterranean; it will include possible ad hoc measures to be resorted to in case of particular temporary pressure on one or several Member States, as well as more structural means of ensuring solidarity, both financial and in the form practical cooperation and technical assistance (e.g. via FRONTEX, EASO, joint operations).

Finally, as an important gesture of solidarity towards the North African countries (especially Tunisia) which are currently hosting large number of persons in need of international protection who cannot be returned to their countries of origin, and in order to maintain ‘protection space’ in these countries, it is important for EU Member States to accept to resettle some of these persons.

2.3  Schengen governance

[***]

A mechanism must also be put in place to allow the Union to handle situations where either a Member State is not fulfilling its obligations to control its section of the external border, or where a particular portion of the external border comes under unexpected and heavy pressure due to external events. A coordinated response by the Union in these critical situations will increase trust among Member States. It will also reduce the need for unilateral initiatives by Member States to temporarily reintroduce internal border controls or to intensify police checks in internal border regions. However, even when such initiatives are taken within the limits set by the acquis, they inevitably slow down the crossing of internal borders for everyone. To be used as a last resort in truly critical situations, a mechanism may therefore need to be introduced allowing for a coordinated and temporary reintroduction of controls at one or several sections of the internal border. Such a mechanism would apply for a limited and pre-determined period of time, until other (emergency) measures have been taken to stabilise the situation at the relevant external border section either at European level, in a spirit of solidarity, and/or at national level, to better comply with the common rules. The Commission is exploring the feasibility of introducing such a mechanism, and may present a proposal to this effect shortly.

[***]”

Click on this link  “DRAFT 15-04-2011” for draft Communication.

Click here, here, and here for articles.

[UPDATE – 4 May 2011 – Click here for FINAL Communication and click here for my updated post.]

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