Brussels, 22/09/2008 (Agence Europe) - At the Justice and Home Affairs Council on Thursday 25 September, in Brussels, European ministers responsible for immigration will give their approval to the revised European immigration and asylum pact, in view of definitive adoption at the European Council in mid-October. During Thursday's meeting on immigration and asylum, another important step will be taken, given that ministers are expected to approve the main elements in the European “blue card”, which aims to attract highly qualified immigrants from third countries to Europe. Ministers are also expected to hold a debate on the consequences of the recent European Court of Justice ruling on the “Metock affair”, which prompted certain countries to request revision of European legislation on the free movement of Union citizens and their families.
Less than three months after the official presentation of the immigration and asylum pact in Cannes, ministers in charge of immigration, led by Brice Hortefeux from France, are expected to reach agreement on the final version of the text (EUROPE 9736 and 9699). The most recent changes focus on two points. Firstly, Malta has for a long time been calling for more solidarity regarding allocation of asylum seekers into the EU. The Maltese delegation partly won this demand because the most recent version on the pact, dated 16 September, now mentions (Chapter 2): “For those member states which, notably because of their geographical position, are faced with specific and disproportionate pressures on their national asylum systems, solidarity shall also aim to promote, on a voluntary and coordinated basis, better re-allocation of beneficiaries of international protection of those member states to others, while ensuring that asylum systems will not be abused. In accordance with those principles, the Commission, in consultation with UNHCR, will facilitate such a voluntary and coordinated re-allocation. Specific funding under existing EU financial instruments should be provided for this re-allocation, in accordance with budgetary procedures”. This formulation takes into account the demands of countries, like Germany, which have strong misgivings about the idea of taking in asylum seekers that are coming via Southern European countries. The other change corresponds to an adjunct to the text written in response to concerns expressed by Denmark and Ireland about the Metock decision, made on 25 July by the European Court of Justice, which attacks the restrictive policies by many member states with regard to family reunification (EUROPE 9728 and 9716). The pact therefore indicates that the European Council “strives, as part of entry and residency policy modalities for third country nationals, or in other policies, if the need arises, to prevent risks of illegal immigration resulting from abuse or misuse”. Eager to avoid any unravelling of the new European pact it intends to get adopted on 15-16 October at the European Council, the French Presidency has planned round-table discussions on the pact that specially focus on the consequences of the Metock ruling, as well as solutions to best respond to problems encountered by countries like Denmark and Ireland, that want to amend the Parliament and Council's directive 2004/38/EC on the free movement of Union citizens and their families. A source close to the Presidency indicated that “a sensible option would be to simply ensure that abuses are prevented, without having to resort to an amendment of a directive that is more than uncertain in the context of codecision”. The Commission is due to give its verdict on the subject and is expected to make a commitment to submitting a document on improving interpretation of the Court ruling.
Ministers are also expected to come up with a general orientation on the European “blue card” project. This constitutes real progress, especially if the stormy debates last July are taken into consideration (EUROPE 9711). The draft directive, presented in October 2007 by the European Commission, should enable immigrants to obtain two-year renewable work permits that are granted according to standards that are the same in the whole EU27. Immigrants will also be able to work in a second European country, based on the same conditions as in the first and bring their families to join them according to a fast-track system if they should so wish (EUROPE 9691). Last week, Coreper managed to settle the question of wage criteria so that nationals from the countries involved in the scheme can be allowed into the EU. The delegations agreed that the level of wages should correspond to at least 1.5 times less than the gross average wage, with certain professions being able to bring this figure up to 1.2. Finally, ministers are expected to adopt conclusions on receiving Iraqi refugees into Union countries. Conclusions should refer to proposals on resettlement that the European commissioner for justice and home affairs, Jacques Barrot, will be making, after his services' visits to Syria and Jordan at the end of the year. (B.C./transl.rh)