Strasbourg, 19/12/2002 (Agence Europe) - The European Parliament (whose opinion on the matter is not binding) approved, on Thursday, the proposal for a decision on the signing of a first agreement for the readmission of persons in an unlawful situation concluded by the European Union with Hong Kong, the special administrative region of the People's Republic of China. The Parliament followed its rapporteur, the president of the Liberal Group Graham Watson, who regretted that the Parliament had not been informed during negotiations and was forced to give its views on an agreement that had already been initialled. Commissioner Antonio Vitorino admitted the need for the Parliament to be more actively involved in this kind of decision, but recalled that, in the case of Hong Kong, there had only been one round of talks. The rapporteur stressed for his part that negotiations with Hong Kong were facilitated not only by the restricted number of unlawful immigrations but also by the elimination, in exchange for a conclusion to the agreement, of the requirement for visas for Hong Kong nationals (which is also true for Macao, Mr Watson recalls in his report). The negotiation of similar agreements with countries like Russia and Morocco will be far more difficult, Mr Watson admitted.
During the debate, Graham Watson also questioned the European Commission on the principles on which the Union policy on readmission agreements with third countries is based. Such a policy is necessary but must not be "punitive", he said. At a general level, Mr Watson advised that the example of the Canadian government should be followed - "open a bit the front door, better close the back door". In answer to questions on the number of people that are the subject to forced or voluntary repatriation, Antonio Vitorino was not able to give detailed figures. All Member States have not provided statistics and available data do not show a distinction between the voluntary or forced repatriations. The Commission does not have the competence to monitor and assess the post-return situation, Mr Vitorino recalled. He said, however, that some 40% of the resources of the European Refugee Fund allocated to Member States are intended for voluntary return policy.
Council President Bertel Haarder gave the results of the six-month Danish Presidency on asylum and immigration (results which are not fully complete as the minister was speaking the day before Thursday's JHA Council: see other article). He spoke above all of the programme for the return of Afghan refugees, the Dublin II agreement on asylum, and the adoption of 17 projects related to border control. At the same time, he regretted the complication and the length of procedures, as well as the weakness of instruments used in many cases so far. There is an enormous difference between a convention and a directive, he exclaimed.
Commissioner Antonio Vitorino spoke along the same lines, repeating that codecision must become the norm, the aim must be a "fully common asylum system" and "unanimtiy in Council - especially in view of an enlarged Union - appears more and more as an invitation to stalemate". Mr Vitorino paid tribute to the work accomplished by an "energetic" Danish Presidency, mainly on the common definition of refugee and a common approach of subsidiary protection. "Little remains to be done on this key proposal, which could be adopted by the Council at its first meeting in 2003", he stressed.
He also encouraged the Greek Presidency to finalise as soon as possible the negotiations on the directives on family re-unification and the statue of long-term residents. He also added that moving forward with last October's proposal on entry and residency conditions was very important and which completes the rules presented in July 2001 on the admission of third country nationals seeking work.
Mr Vitorino also announced that he would be presenting a communication at the beginning of 2003 illustrating the Commission's views on the main elements in the "New Protection Agenda" (for refugees), recently proposed by the High Commissioner for Refugees, Ruud Lubbers. Mr Vitorino confirmed that in 2003, the Commission would b proposing a multi-annual co-operation programme with third countries on immigration based on the Commission's proposal that it had just produced on the link with immigration and development, which he and Commissioners Patten and Nielson presented: "Our intention is in fact to respond in a specific and complementary way to the needs of migratory flows and to stimulate them in their preparation to implement the readmission agreements".