Brussels, 14/10/2004 (Agence Europe) - What is in store for the European asylum and immigration policy? Discussions got straight to the heart of the matter at Coreper on Thursday, ahead of the adoption by the European Council of 5 November of the new pluri-annual programme for justice and home affairs. The Dutch Presidency hopes to send the Member States the draft programme, which was drawn up in collaboration with the European Commission. The Presidency is proposing an assessment and consolidation of the policies followed over five years. It also suggests ambitious objectives- such as a common European asylum regime by 2010, or abandoning unanimity in April 2005 in favour of codecision and qualified majority. The programme will open the way up to an external asylum and immigration policy. It proposes to prepare for the implementation of the Constitutional treaty.
During an initial discussion in this Thursday's Coreper, the Ambassadors overall welcomed the draft, but they had a lot to say about it. The objectives laid down, such as the asylum policy for 2010 or the creation of new instruments, did not meet with unanimity; nor did a legal immigration policy. Many Member States called for a more political introduction, with reference to the balance between human rights and security.
Discussions will continue until the Justice and Home Affairs Council of 25 and 26 October, which should reach political agreement on this new pluri-annual programme, before the European Council launches this second phase of the so-called European policy of "freedom, security and justice" on 5 November. The discussions were prepared at the informal JHA Council on 30 September and 1 October. The European Parliament has just given its opinion (see p.8).
The draft programme proposed by the Presidency is divided into three parts: freedom, security and justice. Today we will be looking at the "freedom" part, which covers asylum, immigration, and freedom of movement.
ASYLUM. Five years ago, the Tampere programme suggested creating a European joint asylum regime. The Presidency proposes that this work should be continued, with the ambitious objective of creating a joint system by 2010, on the basis of extremely low minimum standards adopted over the last three years in the first phase of the asylum policy, on receiving refugees, processing their application and rights, and how to divide the burden between the Member States. In 2005, Council and Commission will establish an "asylum unit" to facilitate practical cooperation, and the unit will subsequently become the European Asylum Office in 2010, when the joint asylum system enters into force.
In Coreper on Thursday, several Member States (Ireland, Sweden and Portugal, and others) felt that the objective of 2010 for a full European asylum regime was completely unworkable. "We should not set yet more deadlines which we are not going to be able to keep to", said a diplomat from one of these countries. The European Commission and France, however, supported the Presidency, stressing that there was no need to wait for the assessment of the first phase of the asylum policy (planned for 2007) to get started with the second. Several delegations balked at the asylum unit and its transformation into an agency in 2010.
IMMIGRATION. As in Tampere, the draft of The Hague refers both to legal and illegal immigration. This year, the Council rejected the proposed framework-decision on economic immigration. The European Commission is to present a Green Paper by the end of this year. The Presidency proposed asking it for an action plan on legal immigration by the end of 2005. Germany in particular showed a great lack of enthusiasm about this dossier, stating that legal immigration comes under national jurisdiction. The Dutch draft also refers to coordination and exchanges of best practice on the integration of immigrants.
ASYLUM and IMMIGRATION in THIRD COUNTRIES. The main novelty of the Dutch draft lies in the objective of developing an asylum and immigration policy outside the European Union. The chapter "External dimension of asylum and immigration" brings these two questions together, to promote assistance to third countries to enable them to grant asylum, or send people trying to get to the European Union via their territory back to their country of origin. The possibility of applying for asylum in the EU from another country will also be looked into. The conclusions will also mention the need to cooperate with third countries to prevent people from dying in their attempts to get to the EU by sea.
At the Informal Council in Scheveningen, the Member States took the step of accepting the principle of acting beyond the EU's borders. They confirmed this in Thursday's Coreper. The European Commission has announced pilot projects (EUROPE of 2 October). The Dutch draft proposes continuing in this direction, and opens up the path to an external asylum and immigration policy. The Council is awaiting proposals from the Commission in 2005 on this issue.
In Coreper, delegations discussed the obligation upon partner third countries to sign up to the Geneva Convention on refugees' rights. Libya, listed as one of the priorities countries for cooperation, has not.
The Presidency suggests being tough. Denmark suggested that a commitment to meet the obligations of the Geneva Convention should be enough, one diplomat said, while Italy has already signed an agreement with Libya.
The European Commission is said to intend proposing, in 2005, minimum standards for the return - either voluntary or forced - of migrants found to be in an unlawful situation. The Commission could be invited to appoint a "Special Representative" responsible for negotiating re-entry agreements with third countries.
BORDERS. The European Border Agency will be operational in May 2005. The Presidency suggests providing it with a rapid reaction force made up of national experts, that could provide technical as well as operational assistance to Member States that so wish. The Commission is to propose the creation of such a force next year. At the time of the mid-term review of the programme, end 2006, the Council will reflect on transforming this unit into a European border control corps. The issue is highly controversial. Another Presidency proposal is a European fund for border management by end 2006.
Visas. The Commission is invited to propose, in 2005, joint centres for visa requests. It should also continue in its effort to ensure that all Member States benefit from the same visa exemptions in third countries.
FUNDAMENTAL RIGHTS. In 2008, the European Commission is to draw up a report on implementation of freedom of movement for European nationals and at the same time suggest that freedom of movement between States should be equal to that of nationals in their state of origin. The Conclusions invite the Council and Commission to study the fight against xenophobia, whereas the draft framework decision for defining and combating xenophobia has been buried in Council due to the fact that positions are incompatible on the balance to be struck between sanctions and free expression (EUROPE of 1 May 2003). The European Commission and Belgium have requested that this section of the "freedom" chapter be given greater importance, and that it should insist on fundamental rights. Sweden spoke of citizen participation.
CO-DECISION AND QUALIFIED MAJORITY. The European Parliament will be pleased to note that the Presidency's project provides for the Council to share decision-making power with it on 1 April 2005 at the latest for the whole of the asylum, immigration and visa chapter. It would perhaps be less pleased to note the continued resistance expressed within Council. Transition to joint decision-making with the EP is accompanied by unanimity being given up for qualified majority. Germany, the United Kingdom and Ireland stated on Thursday that they are not in favour. Others found the date of April 2006 premature. Authorised by the current Treaty, co-decision should at any rate become compulsory with entry into force of the Constitutional Treaty.