Brussels, 10/12/2013 (Agence Europe) - On Monday evening, MEPs from the European Parliament's civil liberties (LIBE) committee set out their position on the new rules for the Frontex agency as regards respect for the fundamental rights of migrants and rescue operations at sea - particularly when several member states are involved on one operation. The MEPs strengthened aspects linked to respect for migrants' rights and gave a mandate to their rapporteur, Carlos Coelho (EPP, Portugal) to negotiate with the Council.
Representatives from the member states are due to meet again on Friday to find a general approach, says a source from the Council. The objective will be to undo the blocking minority that France, Greece, Italy, Spain and Malta formed several weeks ago to avoid the EU being given sea rescue responsiblities through this Frontex regulation.
The negotiated regulation was presented by the European Commission in April 2013. It replaces a framework decision of 2010 which the Parliament managed to have annulled before the Court of Justice. The idea of the regulation is both to clarify the rules on sea rescue and the disembarkation of migrants when an operation is coordinated by Frontex, and to ensure that all the standards on human rights are strictly respected during all phases of the operation.
The LIBE committee MEPs introduced several provisions to have these rights respected - especially the principle of non-refoulement - a press release states. Border guards who consider landing intercepted or rescued people in a third country should therefore assess these people's “personal circumstances”, including their medical condition and international protection needs, “before a decision is made”. Migrants will also have the right to be informed of the place where they will be landed and be entitled to explain why they do not want to be landed there, the European Commission adds.
This is a controversial issue after the tragedy of Lampedusa, which cost the lives of 360 migrants on 3 October. The rescue of people in distress should not be a crime, the MEPs reiterated, although there are currently some national laws - particularly Italian - that criminalise aid given to illegal migrants.
“No measures, including criminal procedures and sanctions, should be taken, deterring ship masters from rendering assistance to persons in distress at sea”, the MEPs stated.
In the view of the Greens/EFA Group, this vote could represent a true breakthrough as regards Frontex practices, said Ska Keller MEP from Germany. In her opinion, the text approved will forbid member states from refusing rescue operations “because their government does not want to accept refugees any longer”. The S&D Group was also very pleased with this vote “which makes sea rescue operations obligatory” and will prevent migrants being landed in third countries where their lives could be threatened. (SP/transl.fl)