The European Commission and the High Representative of the Union proposed on Tuesday 23 November measures to prevent and restrict the activities of carriers who knowingly or unknowingly engage in or facilitate the smuggling of migrants or trafficking in persons into the European Union.
The proposal comes as the EU has managed to limit the flow of migrants arriving in Belarus through discussions with sending and transit countries and airlines. Speaking to the media, Commissioner for Transport Adina Vălean called the proposal a “prevention tool” for future crises.
The legislation - which is expected to be adopted in co-decision - makes it possible to prevent or limit any further expansion of the current transport operations by the carriers in question - irrespective of the mode of transport - on the EU market.
It would also be possible to suspend the provision of transport services from, to, or within the Union, as well as any overflight of the Union’s territory. The right to refuel or carry out maintenance work within the Union could also be suspended, as could the right to call at and enter EU ports or to transit through EU territory. Finally, the legislation would allow the suspension of licences or authorisations granted under EU law to operate within the EU or to carry out international passenger transport activities.
As the Union has no extraterritorial measures, the European Commission bases its legislation on Article 6 of Regulation 1071/2009 and Article 8 of Directive 87/540/EEC on the need for managers and carriers to be of “good repute” in order to be permitted to provide certain transport services in the Union.
In addition, in order to ensure that measures can be taken quickly, the European Commission wishes to have the implementing powers to impose these measures by means of immediately applicable implementing acts. These measures would be valid for one year.
In a debate in the European Parliament on the same day, the President of the European Council, Charles Michel, announced that following the political agreement of the Foreign Affairs Council on 15 November, the EU would ban the leasing of aircraft to the company Belavia. “A large majority of Belavia’s fleet are aircraft leased from European companies. This will stop when the decision is made, which is imminent”, he explained. The fifth package of sanctions against the Belarusian regime is expected to be adopted in the coming days.
Help with returns
Speaking to the press, the High Representative of the Union for Foreign Affairs and Security Policy, Josep Borrell, explained that the flow of migrants to Belarus was now “under control” and that the important thing now was to coordinate and prepare for the return of those stranded in Belarus while providing humanitarian aid. Mr Borrell announced that a team from the European External Action Service was in Minsk to “understand the needs in order to facilitate returns”.
“We are ready to speed up returns”, said European Commission Vice-President Margarítis Schinás, adding that the returns would take place from Belarusian airports.
The European Commission announced on Tuesday that it would mobilise up to €3.5 million to help migrants stranded in Belarus return home where possible. “There are already indications that many people are ready to return to their country of origin”, the European Commission wrote in its communication. It will first mobilise up to €2.5 million to facilitate assisted voluntary returns and to cover the costs of return and reintegration in the countries of origin, as well as humanitarian, medical and legal assistance.
And it will mobilise €1 million for specific returns to Iraq. A flight with 432 Iraqis on board had already left Minsk for Baghdad on 18 November. “The Iraqi authorities have requested assistance for these returns. In response, the European Commission will mobilise additional funds of around €1 million to support voluntary return and reintegration, in cooperation with the International Organisation for Migration (IOM)”, according to the Communication.
The European Commission also announced that it will release an additional €200 million to support border management in Latvia, Lithuania and Poland. Mr Schinás made it clear that these funds would not be used to build a stone wall or to finance barbed wire.
As of 16 November, the total number of arrivals to the EU from Belarus in 2021 was 7,698, including 4,222 to Lithuania, 3,062 to Poland and 414 to Latvia. More than 40,000 repeated attempts to cross these borders were prevented during 2021. The main third-country nationalities concerned are Iraqis and Afghans. “There is every indication that there has been a significant increase in unauthorised secondary movements related to irregular entry from Belarus”, the European Commission also writes.
Germany has estimated that more than 10,000 detections at the German border with Poland in recent months can be linked to these arrivals through Belarus.
To date, 104 Frontex officers, 73 EASO experts, two Europol guest officers, and one analyst have been deployed in Lithuania. In addition, Frontex provided patrol and transport vehicles and helicopters in Lithuania. A Europol specialist is also deployed in Poland. Frontex is also supporting Latvia and Lithuania on returns and has recently received a request from Poland for support on returns.
The European Commission also intends to include in its new Schengen Code, which could be presented on 8 December, a legal definition of the instrumentalisation of migration.
See the communication: https://bit.ly/3oRvqdr
See the legislative proposal: https://bit.ly/3qZD1cB (Original version in French by Camille-Cerise Gessant and Solenn Paulic)