Brussels, 14/06/2002 (Agence Europe) - The Spanish Presidency has high hopes of having conclusions adopted at the General Affairs Council of 17 June on the principle of a link between cooperation with third countries in the fight against illegal immigration, the question being that of whether the Fifteen will go as far as providing for suspending a cooperation agreement or reviewing the level of aid if a country is not "co-operative". France and Sweden are opposed to that, as they had been at the JHA Council. The other Member States said they could agree to the principle, but to different degrees, at the Committee of Permanent Representatives that examined the draft conclusions on Friday, several European diplomats explain. Nor do the Fifteen agree on the scope of the conclusions of Thursday's Justice and Home Affairs Council, some considering indeed that the principle of sanctions was approved, others stating that ministers simply agreed to forward the document to the Seville Summit, which has placed immigration among the priorities of its agenda (see yesterday's EUROPE page 9 and today's page 8).
The draft Council conclusions begin by stressing the "comprehensive an integrated approach" that would be the EU's in matters of asylum and immigration, before setting out what the EU expects of third countries and which carrots and sticks they could use to secure commitments from third countries. The last articles, relating to measures the EU could use vis-à-vis "uncooperative" countries, are more controversial, and it is especially these two points that France and Sweden are said to oppose. According to the new draft, the Council will call on the Commission to re-examine allocations to "non-co-operative countries but without "damaging" the objectives of European development policy, particularly the fight against poverty. It remains to be seen if this is possible. The last article wants to see a co-operation clause on management of immigration waves, inserted into all new co-operation or association agreements. In cases where binding agreements in the clause are not respected, different mechanisms for dialogue and resolving disputes could be applied which could suspend the agreement. Many Member States were concerned at the first draft of the conclusions that spoke overtly of suspension. These countries and the European Commission might accept a formula, which presents suspension as an ultimate measure. In the draft, suspension or revision of aid would be the final resort, following contact with the country and injunctions demanding improved co-operation. In its conclusions, the Council is expected to outline what it expects from third countries: ratification and implementation of UN conventions and protocols on the fight against trafficking in human beings and the fraudulent use or falsification of transport passes, raising public awareness on the risks and problems of illegal immigration. The EU is wielding both the carrot and the stick in an effort to help these countries, notably financially. By the end of the year, the Commission is to put forward a proposal for a cooperation programme on immigration (staff training, borders …). A pilot project is under way, with a budget of EUR 10 million in 2001 and 12.5 million in 2002.
The cooperation requested by the EU would also cover one of the most sensitive issues: - the re-entry of illegal immigrants, whether it is a matter of nationals of third countries or persons having simply crossed their territory before entering an EU Member State. The latter initialled its first readmission agreements with Hong Kong in November last and with Sri-Lanka end May. Negotiations are in progress with Russia, Ukraine, Macao and Morocco. It is stressed at the Commission that it is extremely difficult to reach conclusions on such agreements and that, in order to convince third countries to do so, one must ensure that they too have their interests served. Regarding the matter of helping countries to fight illegal immigration, it is explained in circles close to Development Commissioner Poul Nielson that it is out of the question to "build prisons with money earmarked for building hospitals". The Cotonou Agreement, signed in 2000 with 77 ACP countries but which is still not enforced, comprises an article on immigration cooperation. It provides for the EU and the ACP countries to accept the return of their own nationals unlawfully present in one of the countries of the other region. The general agreement only covers nationals but provides for the possibility of bilateral agreements which would also cover nationals of third countries or stateless persons. The Commission is reflecting on how to implement these provisions but cannot propose anything until the agreement takes effect, it is explained.