Brussels, 02/05/2011 (Agence Europe) - European Commission President José Manuel Barroso gave his response on Friday 29 April to the joint letter from French President Nicolas Sarkozy and President of the Italian Council Silvio Berlusconi (see EUROPE 10368), and indicated that he was open to re-establishing internal EU border controls as part of the current debate on strengthening the governance of the area of free movement, including it as “one possibility among others” which have to be subject to “specific and very definite” criteria.
The French and Italian leaders reached agreement in Rome on 26 April, after several days of vituperation over the fate of the Tunisian migrants who, after arriving on Lampedusa, crossed the border into France, on strengthening Schengen area rule, particularly the safeguard clause which allows member states to re-impose controls at its borders in the event of extraordinary pressure on the EU's common borders and failure on the part of any member state to control these borders.
In reaching agreement, Italy and France clearly signalled their desire to cooperate to the European Commission, ahead of its EU immigration policy proposals, to be announced on 4 May, indicating that common ground could always be found despite any current disputes. The two member states also raised a raft of further demands, on which there was much greater consensus between them: putting in place enhanced partnerships with the countries of North Africa which would provide EU support and aid, and also a pledge from the North African countries to tackle illegal migration. Strengthening the EU border agency Frontex was also made a priority by the two leaders.
In his letter of reply, Barroso approved these calls and even put enhanced partnerships with the countries of North Africa at the top of the Commission's list of priorities. “In the first instance”, writes Barroso, the Commission is of the view that only reinforced partnerships “will bring a sustainable solution to the current migratory pressure”. Barroso would seem to be moving in the same direction as the Franco-Italian demands in writing that such partnerships “imply, on the one hand, EU assistance for the reconstruction of the economies of these countries and readmission of migrants” to their countries of origin, and “on the other, a clear commitment on the part of these countries to assume their responsibilities in terms of illegal emigration” - a stance which lays clearer emphasis on a certain degree of “conditionality” of EU aid and one which was particularly well received by France on Monday 2 May. On Frontex, Barroso also backed the Franco-Italian position, pointing out that the Commission would like to see a beefing up of the means at the disposal of the agency and calling on member states to contribute. The Commission is also currently discussing new resources for the agency budget for 2011, which currently stands at €90 million.
Development of a common asylum regime by 2012, one that is more integrated and based on best practice in member states, as Berlusconi and Sarkozy called for, was also endorsed by Barroso, who encourages member states to make progress on this issue, though some Commission proposals contained in its asylum package are being held up in Council. At this point, the Commission, which will present two amended texts in June on procedures and conditions for the reception of asylum seekers, is likely to call on member states to adopt its asylum package as speedily as possible, said a spokesman for Commissioner Cecilia Malmström.
On Schengen, however, the proposals made on 4 May will be part of a whole, said a spokesman for Barroso. In other words, it will not simply be about strengthening internal borders, which would just “weaken the Schengen acquis” but will be just as much about strengthening EU external borders, the spokesman went on, stating that strengthening the safeguard clause will go hand-in-hand with strengthening Frontex and commitment by member states to provide it with the means needed. At this point, Barroso has not accepted the link between strengthening the Schengen safeguard clause and the notion of massive immigration, despite what France might wish. France, along with Germany, and perhaps Finland and Sweden, might agree a “joint position” in the next few days, setting out their vision for the new Schengen governance. According to a number of diplomatic sources, re-imposing border controls would only be used as a “last resort” with the aim especially of encouraging member states in charge of common EU borders to do their utmost. The new safeguard clause, then, would not necessarily be intended to be used.
Ahead of the first ministerial debates on the subject on 12 May, the European Commission explains that alongside a strengthening of the safeguard clause, some southern European countries (the ones where the bulk of the immigrants are fetching up) can expect further solidarity from northern member states in addition to boosting Frontex. On Thursday 28 April, Greece and Malta said they were prepared to consider new Schengen governance rules as long as progress was made in the EU asylum system and sharing the burden of processing asylum seekers. This has been rejected by other countries, like France, which do not want to change the “Dublin 2” rules (not wanting to accept more refugees). France pointed out on Monday 2 May that there was broad rejection at the moment in the EU Council of Ministers about changing the Dublin 2 system. The Dublin 2 rules, as they stand at the moment, lay down that the member state where asylum seekers arrive in the EU should be the one that processes their asylum requests and the one that looks after them. (S.P./transl.fl)