Brussels, 30/10/2002 (Agence Europe) - Operational co-operation, mutual recognition of expulsion orders, minimum standards for processing and increased pressure on third countries: these, says the Commission, are the essential ingredients of a future European policy for returning immigrants on EU territory illegally. The Commission has fleshed out its proposals for this policy in a new communication, that complements the Green Paper presented on 10 April 2002, as requested of it by the Seville Summit. The Commission considers that both voluntary and forced returns should be worked upon. It suggests beginning with operational co-operation, but at the same time working on harmonising minimum standards for rules and processing, the only way, it says, to ensure good co-operation. At the informal JHA Council of Copenhagen, ministers were more interested in practical co-operation than in harmonising legislation (EUROPE of 14 September, p.9). The Council should be voting on this action plan by the end of the year. The Commission will then present a draft directive so as to enshrine these proposals in a binding instrument. At the same time, the Council's working groups are putting the final touches to a European plan for the return of Afghan refugees, for which ministers provided an initial agreement in principle at the 15 October Council.
More precisely, for operational co-operation, the Commission proposes beginning by strengthening information exchange on best practices relating to repatriations procedures, which should then lead to a the drawing up of non-binding guidelines. It highlights the importance of creating an on-line visa system, with a digital photograph and other biometric data, the principle of which the Fifteen approved in their global fight against illegal immigration in February. The Commission considers that this database will allow for the identification of many illegal immigrants who, having entered a country legally on a tourist visa, choose not to leave and refuse to reveal their identity. It also backs the idea of joint expulsion charter flights. Germany presented an initiative to deal with the issue of transit from one country to another, to allow for these joint flights. The Commission proposes, moreover, organising a network of training institutes. It calls on Member states to continue to examine the common definitions (of expulsion, removal, refusal to enter…) proposed in the Green Paper. For early 2003, it is preparing an initial statistical report on data relating to 2001.
To enhance co-operation, the Commission will also propose in its draft directive automatic mutual recognition of expulsion orders, as well as common standards for physical constraint (which could be based on those of IATA/CAWG) and for detention. It will also suggest minimum rules for account being taken of the state of health of the people concerned. They will, it says, therefore, have to take account of the particular situation of long-stay residents and third country nationals born in a Member state. The Commission's communication highlights the importance of co-operation with third countries from where illegal immigrants come. It recalls the threat the Fifteen referred to in Seville of adopting (through unanimity, however) measures in the framework of Cfsp or "any other policy" in case of repeated refusal to co-operate. The Commission also criticises Member states that have not yet provided it with "sufficient political or diplomatic support" to convince third countries to agree to conclude readmission agreements (EUROPE of 17 October).
In its communication, the Commission turns to the question of Community funding for this policy, be it to encourage illegal immigrants to return voluntarily to their country, or assume the cost of their repatriation. It is considering using the European Fund for Refugees, but also places emphasis on the need to "look further into depth into the question of the creation of a special financial instrument". The Commission should have presented a report, by end-October, on the - poor - resources available in the Community budget for co-operation against illegal immigration, in particular repatriation, but this report will finally be handed in in the coming weeks.
The Commission is also soon to present a communication on the relationship between migration and development. At the last JHA Council, both the Presidency and the Commission said that "the priorities of co-operation with third countries need modifying" to enhance co-operation on immigration. These two documents should fuel the debate on the issue, in the Commission and at the JHA Council of 28 and 29 November.