Tag Archives: Cyprus

EU Mediterranean States Oppose Provisions of Proposed Frontex Sea Borders Regulation Relating to Rescue and Disembarkation

[16 Oct. UPDATE: The document from the six states opposing the proposed Regulation is available here.]

One week ago Commissioner Cecilia Malmström called for an “extensive Frontex search and rescue operation that would cover the Mediterranean from Cyprus to Spain.” Yesterday the ANSA news service reported that all six EU Mediterranean states (Cyprus, Greece, Italy, Malta, France and Spain) have voiced opposition to the proposed Frontex Sea Borders Regulation (COM(2013) 197 final) and specifically to Articles 9 and 10 relating to “Search and Rescue Situations” and “Disembarkation.” ANSA reported that the six member states “expressed disapproval of the draft and called it ‘unacceptable for practical and legal reasons’.”  The six countries have reportedly taken the position that there is no need for further regulations pertaining to rescue at sea or post-rescue places of disembarkation since other international laws already “deal ‘amply’ with the matters.”

As you may recall, the earlier version of the Frontex Sea Borders Rule in the form of a Decision was adopted by the European Council in 2010 (Decision 2010/252/EU).  The Decision was subsequently annulled by the Court of Justice of the European Union on the ground that it introduced new essential elements into the Schengen Borders Code by way of the provisions on interception, rescue and disembarkation and that such substantive changes required the consideration and approval of the European Parliament. (European Parliament v Council of the European Union, Case C-355/10, 5 Sept. 2012). The proposed replacement for the annulled Decision is in the form of a Regulation but is fairly similar in content.

While the ANSA report does not identify the specific reasons why the six states are opposing the proposal, one can speculate that the objections to Art. 9, Search and Rescue Situations, may be based on a perception that it would expand the obligation to rescue under certain circumstances.  For example the Article requires that even in the absence of a distress call, a rescue operation might still be required if other factors are present, including:

  • the seaworthiness of the ship and the likelihood that the ship will not reach its final destination;
  • the number of passengers in relation to the type and condition of the ship;
  • the availability of necessary supplies such as fuel, water, food to reach a shore;
  • the presence of passengers in urgent need of medical assistance;
  • the presence of deceased passengers;
  • the presence of pregnant women or children.

The objections by the six states to Art. 10 regarding places of disembarkation are most likely due to the states’ conflicting positions regarding where disembarkation should occur.  While Art. 10 creates a procedure for decisions regarding places of disembarkation to be made by participating member states in advance of joint operations, its provisions identify circumstances under which disembarkation in member state may occur when that state is not participating in the joint operation.  Malta and Italy in particular have long disagreed on where disembarkations are to occur.  This long standing disagreement obviously contradicts the claims made by the six opposing states that existing international laws already deal “amply” with the disembarkation issue.

Click here for ANSA article.

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Filed under Aegean Sea, Cyprus, European Union, France, Frontex, Greece, Italy, Malta, Mediterranean, News, Spain

Cyprus Reportedly Preparing for Possible Influx of Syrian Boat Refugees

The EU Observer reported two weeks ago that Cyprus “is worried that Syrian refugees could arrive en masse in the island-nation and in the EU more broadly if the conflict gets worse [and that Cyprus] is drawing up plans in case Syrian boat refugees arrive on its coast, a Cypriot source told this website.”  What these plans may consist of is not clear, but during a recent visit to Malta, Cypriot President Demetris Christofias said that Cyprus and Malta shared “’common worries and interests’ over irregular migration … ‘We’re not racists but we must defend the rights of our countries’.”

While it is conceivable that Syrian refugee boats could head for Cyprus if the number of people forced to flee Syria continues to rise, but, as was the case with Libya, most will likely continue to flee across land borders to neighbouring countries and will not take to the sea.  The UNHCR estimates that as of early this month, over 81,000 people have fled to Jordan, Lebanon, Turkey and Iraq and that there are approximately 400,000 internally displaced persons within Syria.  To the extent that some may flee Syria by sea, the portion of the island of Cyprus closet to Syria is the northeastern area which is controlled by Turkey.

Cyprus assumes the EU presidency on 1 July.

Click here and here for articles.

Click here for UNHCR Syria Regional Refugee Response Information Sharing Portal.

 

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Cyprus, Greece, Italy, Malta, & Spain Issue Joint Communiqué Regarding Response to North African Migration

Ministers of Home Affairs and Internal Security from Cyprus, Greece, Italy, Malta, and Spain, met in Nicosia on 19 April and issued a Joint Communiqué.  Here is the full text (HT to EASO Monitor):

“Joint Communiqué II

(Nicosia, 19 April, 2011)

Following the meeting in Rome on the 23rd February 2011, the Home Affairs and Internal Security Ministers of Cyprus, Greece, Italy and Malta as well as the representative of the Minister of Interior of Spain, met again today in Nicosia and discussed the continuing dramatic developments in the Southern Mediterranean region. At the end of the meeting it was decided to issue the following Joint Communiqué.

The Home Affairs and Internal Security Ministers of the Mediterranean Member States of the EU:

Recalling our February 23rd,2011 Joint Communiqué, we have repeated our utmost concern for the unfolding events in relation to the humanitarian situation as well as to the massive illegal immigration flows and movements of possible beneficiaries of international protection that affect our countries;

Taking into account that the escalating events in countries of Northern Africa and the greater Middle East are destabilising the region and acknowledging that political reforms and democratic transitions will not take effect immediately and that their outcome is still uncertain;

Bearing in mind Europe’s longstanding tradition and commitment to the provision of international protection to people in need, in accordance with the Geneva Convention and in line with humanitarian principles and full respect of human rights;

Underlying that security and stability in the Mediterranean is directly linked to the security and stability of the EU as a whole and that effective response to this challenge requires joint efforts, commitment and solidarity from all EU Member States;

Stressing that the current emergency situation with regard to the massive illegal immigration flows and movements of possible beneficiaries of international protection brings upon the Mediterranean Member States additional social, economic, administrative and demographic burden, to that already prevailing;

Recalling the already existing intense and continuous migratory pressure at the south eastern external borders of the EU;

Expressing deep concern about the conflict in Libya and its consequences in terms of sufferings of countless human beings and growing number of displaced persons fleeing the war and taking into account that huge number of people in need of international protection could arrive at the most exposed Mediterranean Member States in the immediate future;

Emphasizing that the possible prolongation of such influxes of illegal migrants and asylum seekers to the Mediterranean Member States, cannot be managed without the concrete and substantial support and solidarity from the rest of the EU’s Member States; alternatively, the situation will seriously jeopardize our ability, and subsequently the Union’s ability, to manage the displaced persons and provide those in need with international protection as well as undermine our common security;

Stressing that the arising situation will challenge and undermine the efforts of those Member States to reform their overburdened national asylum systems;

Reaffirming the urgent necessity for EU to provide concrete and immediate support to Member States on the EU southern external borders;

Stressing the need for additional actions and policies with a view to implement the EU principle of solidarity and fair sharing of responsibility as expressed in the Treaty on the Functioning of the European Union and in line with the Stockholm Programme, the European Pact on Immigration and Asylum, the Global Approach to Migration, the relevant European Council Declaration of 11 March 2011 and Conclusions of 24 and 25 March 2011, the JHA Council Conclusions of 11and 12 April 2011 on the management of migration from the Southern Neighbourhood and the JHA Council Conclusions of 25 and 26 February 2010 on 29 measures for reinforcing the protection of the external borders and combating illegal immigration;

Therefore we, the Ministers of Home Affairs and Internal Security of the EU Mediterranean Countries, have adopted a common position on the emerging situation in our region and urge the European Union to practically offer operational as well as financial support to Member States which face mass and disproportionate mixed migration flows, by fully mobilizing all available EU assets, instruments and capabilities, either existing or additional ones,.

Particularly, as the competent Ministers of the EU Mediterranean Member States, urge the European Union to:

Urgently present and implement proposals on the Global Approach to Migration as well as on Mobility Partnerships, in a spirit of genuine cooperation with the countries of the Southern Neighbourhood Region, also to effectively control and manage the current and the anticipated mass migration flows as well as situation-specific schemes on return and readmission.

Call on FRONTEX to immediately implement the provisions set out in section 5 of the JHA Council Conclusions of 11 April 2011, to speed up negotiations with the countries of the region – and in particular with Tunisia – with a view to concluding operational working arrangements, and organising joint patrolling operations in cooperation with Tunisian authorities and in application of all relevant international Conventions, in particular the UN Convention on the Law of the Sea (“the Montego Bay Convention”).

Call on FRONTEX to intensify the monitoring of the situation based on risk analysis and encourage Member States to provide the Agency with further human and technical resources so as to continue its ongoing operations (Joint Operation Hermes, Joint Operation Poseidon Land and Sea and the possible deployment of a RABIT operation in Malta) in the light of the emerging situation. Furthermore, call FRONTEX to expand its operations, where and when necessary, to prevent illegal flows in the eastern Mediterranean area of Egypt and Syria. To this end, further adequate financing of FRONTEX should be considered so as to increase the Organization’s capabilities to fulfil successfully its tasks.

Enhance the operational capacity and the coordinating role of the FRONTEX Operational Office in Piraeus in order to effectively deal with the situation;

Accelerate work on the FRONTEX Amending Regulation with a view to an agreement by June 2011 which will strengthen its capacity, make it truly operational and improve its synergy with other bodies.

Promote practical cooperation with the countries of origin or transit of illegal migrants in the region in preventing and fighting illegal migration flows, inter alia by concluding Readmission Agreements, developing Voluntary Return Programmes, enhancing their capacity of border management and surveillance, expanding the Immigration Liaison Officers Network, promoting legal migration by exploring the possibility of concluding mobility partnerships;

Encourage Member States to expedite discussions on the proposal for recasting the Dublin II Regulation, including a mechanism to suspend the transfers to Member States facing particular pressure on their national asylum systems.

Urgently mobilize all available financial assistance through the External Borders Fund and European Refugee Fund and in addition, as section 4 of the JHA Council Conclusions of 11 April, 2011 reads, activate supplementary funds that can be made available to Member States or FRONTEX at short notice when needed. In this vein establish a special solidarity Fund, when necessary, to tackle exceptional emergency situations and humanitarian crisis.

Deploy every available possibility by the European Asylum Support Office to offer practical support to the Member States of the Mediterranean Region in need. A permanent specialised mechanism should be set up through the EASO, which, at exceptional emergency situations, will provide Member States in need with the necessary logistical and technical support.

As a matter of priority, present a proposal for implementing a coherent and comprehensive mechanism for distributing responsibilities, on a voluntary basis, specifically regarding the relocation of beneficiaries of international protection among member states, in case of European countries faced with particular pressures, as a consequence of their geographical or demographic situation, especially when facing the sudden arrival of third country nationals in need of international protection.

Commit to the work on establishing a Common European Asylum System with a view to respect the 2012 deadline.

We the Ministers of the Mediterranean Member States of the EU agreed to meet again soon, at a date to be agreed, in order to further coordinate our efforts before the European Council of June this year.”

Click here for document.

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Italy, France, Spain, Malta, Cyprus Call for Redistribution of Asylum Seekers

The Ministers of the Interior of Italy, France, Spain, Malta and Cyprus met in Rome on Wednesday in advance of today’s JHA Council meeting and agreed to ask the EU for assistance in regard to the expected flow of migrants from North Africa.  The Ministers will call for the creation of a special EU fund to provide financial support to the frontline states directly affected by significant numbers of migrants and for the redistribution or relocation of asylum seekers among all EU member states so that the states of first arrival do not experience an unfair burden.  Michele Cercone, spokesperson for Commissioner Cecilia Malmström, noted that current European standards do not provide a mechanism for the redistribution between member states of migrants seeking asylum, other than on a voluntary basis.

Click here (IT) for article.

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Times of Malta: Frontex Preparing for “Unprecedented” Migrant Flow from Libya

The Times of Malta reports today that Frontex “has been given instructions to start preparing for a possible unprecedented influx of immigrants and asylum seekers fleeing Libya towards the EU, particularly through Malta and Lampedusa.” “‘The fact that the Libyan regime does not seem to be in control of the huge expanse of the 2,000-km long Libyan coastline might already pose a big danger of a flood of asylum seekers crossing by rogue boats towards Malta, Lampedusa and Sicily,’ the sources said.”  According to the article the planned response to a massive flow would involve all 27 member states.  EU spokesman for Home Affairs Michele Cercone confirmed that Frontex was engaged in planning for a migrant flow from Libya, but said he would not “speculate on details and suppositions.”  The article also states that “six EU Mediterranean member states [Malta, France, Cyprus, Spain, Greece, and Italy] will meet in Rome tomorrow in an urgent minisummit to devise a common stance on the immigration crisis facing the southern Mediterranean region, a day before official talks of EU justice ministers in Brussels.”

Click here article.

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Increased Human Smuggling to Cyprus

According to an article in the Turkish newspaper Today’s Zaman, Turkish Interior Ministry data indicates that human smuggling in Turkey has decreased since 2007, but that one consequence of increased enforcement within Turkey has been a diversion of human smuggling to the Turkish controlled northern portion of Cyprus.

“According to the ministry, the total number of illegal immigrants, asylum seekers and immigrants caught at land and sea borders with Syria, Iran, Iraq, Georgia, Greece and Bulgaria declined to 28,355 in 2009.”  This number is in contrast to the 50,800 migrants reportedly arrested in 2008 and 7,465 arrested over the first six months of 2010.

The Ministry also reported a decline in known deaths: “In line with the drop in the number of immigrants trying to get to the West through Turkey, there has been a decline in the number of illegal immigrant deaths. In 2007, 82 immigrants died in accidents on the Aegean Sea and 102 went missing. The number of deaths dropped to 76 in 2008 and to 43 in 2008. The number of deaths in the first half of 2010 was nine.”

According to the article, there has been a diversion of smuggling operations towards Turkish controlled Cyprus and as a result the “KKTC [the self-declared Turkish Republic of Northern Cyprus] [is] facing the biggest migration move ever in its history.”  “In 2008, the number [of irregular migrants] doubled and increased to 568. It continued to increase in 2009. According to estimates, 750 migrants entered the island in 2009. … Illegal immigrants are brought by ships to Cyprus during the night and left in places that are far from settlement areas in Dipkarpaz and the İskele region. In addition to the KKTC, a similar number of immigrants are brought to Greek Cyprus.  It is believed that illegal immigrants pay between $2,000-$3,000 on average to human smugglers to enter the KKTC. In the latest smuggling cases in Turkey, they pay $5,000-$10,000.”

Click here for article.

Click here Turkish Ministry of Foreign Affairs web site on Illegal Migration.

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