Brussels, 21/01/2003 (Agence Europe) - During this term of Presidency, the work of the Justice and Home Affairs Council will focus on the fight against illegal immigration. Greece, which has one of the longest external borders of any EU country and which sees countless migrants on their way to the richer EU countries, has placed control of external EU borders and the debate on cost-sharing at the top of the agenda (see yesterday's EUROPE, p.18). If one is to judge by the common operational programme drafted by the two presidencies this year, Italy will continue along these lines. This year, however, the Council may place greater emphasis on legal immigration and the integration of immigrants, since the Seville Summit fixed several deadlines for the month of June. At judicial cooperation level, the Greek Presidency hopes to sign the judicial cooperation and extradition agreement with the United States during its term of office. Greece will only make two initiatives, relating to non bis in idem and to the trafficking of body organs. The Commission is to put forward several major proposals during this half year. For the first term, Justice and Home Affairs Ministers are to meet in formal Council in Brussels on 27 and 28 February, 8 May and 5 and 6 June, and in informal Council on 28 and 29 March in Veria (Greece). By way of introduction for its latest update of the roadmap for justice and home affairs, the Commission insists on the delays and difficulties that still exist for implementing a common asylum and immigration policy, "although all the proposals necessary are on the Council table", it said. The Commission calls on the Convention to put an end, in time, to the rule of unanimity and to settle the overflow of Member State initiatives.
Illegal immigration: The Council working groups have just begun to discuss the Commission's report on integrating immigration policy in relations with third countries (EUROPE of 14 December, p.9) and will pursue their debates on European policy for repatriation of illegal immigrants (EUROPE of 29 November, p.6 and 31 October, p.14). These two texts, as well as the proposal to come on controlling external borders, are connected to each other for many Member States, especially regarding their financial aspect, it is explained in Council. The question of integrating immigration policy in relations with third countries - and especially its financial aspect - should be on the agenda of the Council in February. Conclusions are foreseen for the month of May, but this would only be a "first stage", it is said in Council. Coreper will have full competence to coordinate discussion on this issue, which comes not only under external relations but also under development and immigration policy, one diplomat stresses. In order to complete the text, the Commission plans to present, in February, a proposal of decision in order to establish a cooperation programme with third countries in the field of migration. This would provide the legal basis for a new Community budgetary instrument. The Commission also wants to take advantage of mid-term review of cooperation programmes with third countries to review certain priorities to the advantage of cooperation on immigration (EUROPE of 28 November, p.14). The Commission must also submit, during this term, a draft Council decision for implementing the principle of balancing spending contained in the 2001 directive on mutual recognition of expulsion decisions. Furthermore, Germany submitted a proposal of directive intended to establish means of cooperation between Member States when a person expelled by air transport has to transit via the airport of another Member State (Official Journal C4 of 9 January 2003).
Border controls: The Seville Summit in June 2002 had entrusted the Commission with the task of presenting, by the month of June, a study on sharing the burden of EU external border management with third countries (EUROPE of 14 June and 6/7 May). A first policy debate on cost-sharing is foreseen in the draft agenda of the February Council. It is foreseen that, at the same Council, the Commission will present an interim report on the feasibility study for improving controls on maritime borders. Furthermore, the Commission must present, in March, a proposal intended to restructure the common Schengen manual on external borders and transform it into a regulation. Until June, the Member States will continue and analyse pilot projects for the control of borders, launched under Danish Presidency (EUROPE of 4 December, p.10). The Thessalonika report will be based on this experience, it is explained by Presidency sources. "Greece, like the other Mediterranean countries, is very much in favour of creating a European border control guard, but things must be done little by little, first of all regarding operational matters. Then Greece, Italy or the following Presidencies would be able to make legislative proposals", the same source states. During this term (in January according to its quarterly agenda) the Commission must make a proposal of regulation for facilitated transit documents for transit via a Member State between two territories belonging to one and the same third countries, which is mainly intended to resolve the question of Kaliningrad.
Asylum: On this point also, Greece insists on "joint responsibility of all Member States". The Council is soon to approve the Dublin II regulation on determining which State is responsible for processing a request for asylum (EUROPE of 20 December, p.7). It was foreseen that the regulation would be adopted during the first Council of the year, hence on Tuesday, but the linguist/jurists have not yet completed their work. Furthermore, the Council had reached a political agreement in December, with just one parliamentary reserve, on the minimum conditions for hosting asylum seekers (EUROPE of 23/24 December, p.11). In the next six months, Home Affairs Ministers will seek to adopt the directive relating to the definition and status of refugees and of beneficiaries of other forms of international protection. At the European Council in Seville, the Fifteen had undertaken to adopt this text before the month of June 2003. The Council is close to an agreement on the first 19 articles, which cover the definition. The working groups must now launch difficult debates on the status and rights. This subject is on the provisional agenda of the Council in February. Work on the minimum rules for European asylum policy will be completed once the Council has approved the draft directive relating to procedures for examining asylum requests. The aim is to reach approval by the end of the year (EUROPE of 16 October, p.9). Furthermore, the Commission is to publish, in February, a second report on implementation of a common asylum policy.
Legal immigration: Over and beyond these issues, "our approach must acquire a more global dimension and include questions of migrants' economic and social integration", states the Greek Presidency in its programme. Work is far from complete, mainly for family reunification and the status of long-term residents, although these two texts must be approved before the month of June, according to the Seville timetable. For long-term residents, discussions mainly stumble over the duration of residence needed to open the right to long term status, whether refugees should be included or not in its scope and the measures that Member Sates must require of such immigrants (language classes, for example). The Council must also tackle the proposal of directive relating to family reunification, that on economic immigration - which were proposed by the Commission in October 2000 and July 2001 respectively - and that on stay for purposes of study or vocational training (EUROPE of 7/8 October, p.13). According to its quarterly agenda, the Commission must publish, in February, a communication on the integration of third country nationals.
Visas: After the political agreement reached with one parliamentary reserve in December on adding Ecuador to the list of countries whose nationals come under the visa obligation, the Council must return to the question (EUROPE of 20 December, p.8). Final adoption of this decision has to wait the (non-binding) opinion of the European Parliament. Furthermore, the Commission planned submitting, in February, a proposal of regulation to facilitate procedures for the request and delivery of visas for those taking part in the Olympic Games in Athens. It should also be a matter of finding a common visa database.
Trade in human beings: The Council approved a directive and a framework decision on those involved in smuggling people (EUROPE of 29 November, p.7)
Greek Minister insists on protecting borders and sharing costs
"Union policy on immigration, asylum and the management of external borders is one of the key priorities of the Greek Presidency", the introduction of the Presidency programme states. Greek Minister for Public Order Michael Chryssohaïdis, who came to present his programme on Tuesday morning before the European Parliament's Committee on Citizens' Freedoms, mainly insisted on EU external border controls and on cooperation with third countries, all under the question of sharing the financial burden. Concerning the control of borders, the joint president in office of the JHA Council hopes to "pursue, assess and use" the results of the pilot projects, specify the programme for returns in order to verify fields that could come under Community funding, and work toward "a fair distribution of the burden". "It is still too soon to speak of cost sharing. Before that, the first decision must be on the criteria for cost sharing, which is what we expect of the Thessalonika Summit", he declared on the fringe of the meeting with parliamentarians. Regarding cooperation with third countries, "we must base ourselves on assessing the effort made" by these countries, he stressed. The Greek Presidency mainly insists on cooperation with the Balkans. MEPS questioned the minister on these two issues of border control and cooperation with third countries. French national Alima Boumediene-Thiery (Greens) called on the EU to finally put itself to the task of integrating immigrants in a regular situation, and not to focus all its efforts on combating illegal immigration. Greek national Efstratios Korakas (GUE/NGL) also expressed concern about the aberrations that could be committed in the name of the fight against terrorism. EUROPE will come back to the programme relating to judicial and police cooperation.