The interior ministers of the EU Member States will meet in Stockholm, on Thursday 26 January, for a meeting that will focus on how Member States can increase the rate of return of irregular migrants in the EU, which is estimated to be just 20% of return decisions in recent years.
While the Commission presented on 24 January a new operational strategy to boost cooperation with third countries and strengthen Member States’ capacities (see EUROPE 13106/8), an entire session will be devoted to this topic before ministers discuss migration more broadly over lunch.
In the afternoon, the ministers will discuss the war in Ukraine and the consequences for security in the EU, as well as the fight against organised crime and the means of accessing communications data for investigations.
Ministers will be asked what they can do to increase the enforcement of return orders. In particular, they will look at the new provisions of the visa code (Article 25-a) which allow the EU to increase visa fees or slow down the issuing of visas for third countries that do not cooperate sufficiently.
To date, the Commission has made such an approach to The Gambia, which is considered highly inadequate by some sources, who point out that the Commission has identified at least “twenty countries” that are not cooperating very well.
The discussion could be extended to other pressure tools, such as trade policy or development aid.
The discussion will also focus on the delays and obstacles within the Member States’ administrations in implementing these return decisions.
The EU “should use all available tools and leverages, including development, trade and visa policy, to achieve better and sustainable results in implementing its return policy. The development of further tools to strengthen the EU’s responsiveness in cases of non-cooperation by third countries on readmission should also be explored”, says Sweden in a discussion note.
The Swedish Presidency of the EU Council considers it “crucial to realise the full potential” of the new mechanism provided for in the Visa Code. According to Eurostat, of the 340,515 return orders issued in 2021, 21% were actually enforced.
A foretaste of the European Summit. This discussion will also feed into the European Summit on 9-10 February, which is partly devoted to migration. Countries such as Austria and the Netherlands, particularly concerned about secondary movements of migrants, have called for this discussion, which will address both the external and internal dimensions of migration.
According to draft conclusions, the European Council will call for the strengthening of the EU’s external border control, reiterating its “full” support for the Frontex agency and calling for the rapid implementation of new information systems such as the ETIAS system (travel authorisation for visa-exempt nationals).
EU leaders will welcome the action plans on the Central Mediterranean and the Western Balkans and will also welcome the action plans to be presented by the Commission for the Eastern and Western Mediterranean.
On the internal dimension, the European Council is expected to call for further work on the Pact on Migration and Asylum, in line with the Joint Roadmap signed with the European Parliament in September 2022.
The European Parliament is currently setting its timetable for voting on its mandates and opening trilogues with the EU Council, with agreement already reached to vote on the ‘screening’ regulation for migrants in March, which will open the door to the first trilogues. Votes on the regulation on asylum and migration management, asylum procedures and crisis management have yet to be determined.
Contribution from the Netherlands. In addition, the Dutch government has circulated a concept note on asylum and migration for the summit, as reported by Politico on 25 January.
Seen by EUROPE, this note, entitled “Reinvigorating the European Debate on Migration” calls for rapid legislative progress on the Pact, but also for the full implementation and enforcement of the current acquis (the Dublin rules) and for further work on balanced partnerships with third countries.
The Pact should lay the “foundations for a renewed, humane and efficient European asylum system, with swift decisions, border procedures and effective return practices for those who are not eligible for reception. In a spirit of solidarity, Member States under disproportionate migratory pressure should be supported by other Member States, be it through financial contributions, operational support or relocations”, The Hague also believes. “As such, the Pact presents a way forward for the EU as a whole”, says the Dutch government, which calls on the European Commission to assess the progress made in June 2023 with a progress report.
On secondary movements, The Hague calls for, inter alia, the resumption of Dublin transfers to all Member States and periodic reports with recommendations on the implementation of Dublin.
To strengthen the management of external borders, “additional funding could be considered” and all types of fixed and mobile infrastructure should be part of a broader border management package.
The Netherlands also suggests an early warning mechanism against the instrumentalisation of migrants to detect new migration routes more quickly.
Link to the draft conclusions: https://aeur.eu/f/525
Link to the note on the feedback from the Swedish Presidency: https://aeur.eu/f/528 (Original version in French by Solenn Paulic)