Tag Archives: Justice and Home Affairs Council

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 · 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 | 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 | 11 Apr 2011 · 15:40

JHA Council Conclusions on the management of migration from the Southern Neighbourhood – 11 April 2011

Excerpts from today’s JHA Council Conclusions:

[***]

5. The Council calls on FRONTEX to continue to monitor the situation and prepare detailed risk analyses on possible scenarios with a view to identifying the most effective responses to them, and also invites FRONTEX 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”).

6. The Council urges Member States to provide further human and technical resources to support the Agency’s operations, and in particular the existing Joint Operations Hermes, Poseidon Land and Sea and the possible deployment of a RABIT operation in Malta, in accordance with needs identified by the Agency in the light of the developing situation.

7. In order to rapidly strengthen the competences of FRONTEX and put more effective tools at its disposal, the Council agrees to accelerate negotiations on amending the FRONTEX Regulation, in cooperation with the European Parliament, with a view to reaching agreement by June 2011.

8. The Council underlines the need to promote all relevant forms of cooperation on a performance-based approach in the field of migration, mobility and security with the countries of the region that are sufficiently advanced in their reform progresses, and that effectively cooperate with the EU and its Member States in preventing illegal migration flows, managing their borders and cooperating in the return and readmission of irregular migrants. The Council stresses the need for early progress in the area of return and readmission in the case of relevant third countries, and recalls in particular that all States have an obligation to readmit their own nationals.

[***]

10. The Council welcomes the outcome of the visits of the Presidency and the Commission to Egypt and Tunisia and the intention of the Commission to follow-up these visits by setting up dialogues with the authorities of these countries at senior officials’ level, in which Member States will also participate, and which will be aimed at promoting the swift development of cooperation on the management of migration flows. This dialogue should in first instance, focus on the identification and promotion of measures which can contribute in a concrete and effective way to the prevention of illegal migration, to the effective management and control of their external borders, to the facilitation of the return and readmission of irregular migrants, and to the development of protection in the region for those in need, including through regional protection programmes. Subsequently, this dialogue could explore the possibilities for facilitating people-to-people contacts using instruments such as mobility partnerships.

11. The Council stresses the importance of offering durable protection solutions to those in need of international protection present in the countries of the Southern Neighbourhood, and, in this respect, calls on the Commission and the Council’s preparatory bodies to examine the possibility of assisting those countries in capacity building in the area of international protection, including by activating existing regional protection programmes, and assessing the need for additional programmes in the region.

12. The Council recalls that resettlement of refugees on a voluntary basis, in particular those living for some years in a situation of protracted displacement and vulnerability, and having no other perspective, can represent a durable solution for them. The Council takes note of the willingness of certain Member States to consider offering resettlement opportunities for the refugees present in the region. The Council invites Member States to continue supporting UNHCR in the development of resettlement programmes and calls on the Commission to identify solutions for supporting financially such resettlement actions.

13. The Council underlines that the measures mentioned in the paragraphs above represent the immediate answer to the crisis situation in the Mediterranean, but that it is also crucial to put in place a more long-term sustainable strategy to address international protection, migration, mobility and security in general, and taking also the secondary movements to other Member States into account.

14. The Council welcomes the Commission’s intention to come forward for that purpose with proposals in response to the Declaration of the Extraordinary European Council of 11 March and the Conclusions of the European Council of 24-25 March, and notes that the Presidency stands ready to convene an extraordinary meeting of the Council on 12 May if necessary in the light of developments and to further consider these matters.”

Click here for full document.

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by | 25 Feb 2011 · 07:08

Most EU States View Italy’s Concerns Over Refugee Threat As Grossly Exaggerated

The JHA Council yesterday rejected Italy’s call for a stronger EU response to what it describes as an impending migrant flow from North Africa consisting of hundreds of thousands of migrants and asylum seekers.  Several EU governments described the Italian request as one that was based on exaggerated fears.  Hungary’s interior minister, Sandor Pinter, told reporters that “we shouldn’t paint the devil on the wall until he appears.”  German Interior Minister Thomas de Maiziere said “we shouldn’t be painting horror figures and encouraging refugees to come to Europe.”  Another accused Italy of “crying wolf.”

IOM spokeswoman Jemini Pandya said that while Italy should not shoulder a refugee burden on its own, no Libyans have arrived in Italy to date and she rejected the Italian estimates:  “I don’t think in any shape or form you are going to see one-and-a-half million migrants suddenly flood into Europe.  That is really not going to happen at all.  That would really be fear mongering to the extreme.”

Italy has done itself and neighbouring countries a disservice by repeatedly speaking of an “exodus of biblical proportions” and by suggesting that many hundreds of thousands of migrants are poised to take to the sea to try to reach Italy and Malta from Libya.  These estimates are in all likelihood grossly exaggerated.

But even if you agree that Italy’s feared numbers are exaggerations, the fact that no irregular migrant or asylum seeker has apparently yet left Libya by sea is not at all surprising.  Libya is in chaos and few people are likely to try to depart the country by sea until the level of violence begins to diminish.  Libya has (or had) a functioning network of human traffickers and they will be ready to begin exploiting the chaos and to take advantage of desperate people seeking to flee at some point in the future.  If Gaddafi manages to remain in power, once he is no longer concerned with his personal survival, his thoughts will at some point turn to revenge.  Libya will presumably cease cooperating with Italy on the bi-lateral pushback practice, and Gaddafi will tolerate or encourage irregular migration towards Europe.  So Italy is correct in that there is a real threat of significant numbers of migrants and asylum seekers leaving from Libya some time in the near future.  The numbers could easily and quickly surpass the 6,000 who have left Tunisia for Lampedusa.  Could the numbers surpass 30,000?  30,000 asylum seekers entered Sweden last year (population 9 million – Italy’s population is 50+ million) and Sweden has not received any extraordinary EU assistance as a result.  Could the numbers exceed the hundreds of thousands that fled the Balkan wars in the 1990s?  Possible, but probably not very likely.

Click here, here, here, here, and here for articles.  (EN)

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by | 24 Feb 2011 · 05:55

JHA Council Meets 24-25 Feb – Meeting Topics Include North African Migrants, EASO, Greek Asylum Reform, EU-Turkey Readmission Agreement, and Frontex 2011 Work Programme

The two day JHA Council meeting begins today in Brussels.  According to the Background Note, “ministers will discuss the major influx of migrants from Northern Africa, particularly from Tunisia, to Southern EU member states, especially Italy. They will also look at the state of play on three other important internal border and migration issues:  the implementation of Greece’s National Action Plan on Migration Management and Asylum Reform; [and] the EU-Turkey readmission agreement. In this context, the Communication will present an evaluation and future strategy for EU readmission agreements;…  Ministers will then have exchange of views with the High Commissioner for Refugees (UNHCR) as well as with the Executive Director of the recently established European Asylum Support Office (EASO).”  Additionally, “FRONTEX will present to the committee its work programme for 2011.”

Click here for Background Note and here for Agenda.

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