[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
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
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.
2.1 Coping with the crisis: the short-term measures
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.]