Brussels, 25/09/2008 (Agence Europe) - On Thursday 25 September, European immigration ministers reached agreement on the final version of the European Pact on Immigration and Asylum ahead of its formal adoption by heads of state and government at the European Council of 15-16 October. “We have formally adopted the European Pact on Immigration and Asylum,” said French Immigration Minister Brice Hortefeux at a press conference following the Council given entirely to issues of migration. The aim of the pact is to combat illegal immigration and support the integration of legal immigrants. Since it was presented in Cannes in July, the pact has been amended many times in response to demands from member states. EUROPE has obtained a copy of the final version of the text, and here are the main points. Legal immigration taking account of the needs and capacity determined by each member state and promoting integration. Every member state will determine its own conditions for entry and will set the number of legal migrants who can enter the country. In line with the policy that French President Nicolas Sarkozy has backed since 2003, member states will have to put in place a “selected immigration policy”, particularly with regard to the needs of their labour markets and taking account of the impact this could have on other member states. Among the tangible measures are: - vocational immigration policies, in order, for example, to attract more highly qualified workers (reference to the “European blue card” plan), students and researchers; - development of circular or temporary migration which would mean no brain drain; - better regulation of family immigration calling on member states, in their respective legislations, to take account of the number of immigrants they could receive and the integration of families, according to their incomes, housing, and knowledge of the language of the destination country; - member states are called on to devise “ambitious” policies to promote the harmonious integration of migrants in their host country. These policies should be built on rights (access to education, work, security and public and social services) and responsibilities (to learn the language, abide by the law of the land). In the face of reluctance on the part of the Spanish government, France withdrew its proposal which sought to require legal immigrants to sign a “reception and integration contract” setting out immigrants' rights and duties (see EUROPE 9698). Tackling illegal immigration, including the effective return of those resident illegally. In future, member states, under their national legislations, will have to grant permission to remain on a case by case basis, with no mass “regularisations” for humanitarian or economic reasons. The final text is less ambitious than originally planned, since Spain refused to brook any criticism of its past policy when it granted many thousands of illegal immigrants the right to remain (see EUROPE 9698). States will have to conclude Community or bilateral re-admission agreements, the effectiveness of which will be assessed. Negotiating mandates which have not yet led to agreement will be reviewed. Countries, within the arrangements of their entry and residence policies, or, if necessary, other policies, including the arrangements on free movement, will also have to take every care possible to prevent illegal immigration, the text says, in order to respond to the concerns of Denmark and Ireland which have restrictive policies on immigrants being joined by their families (see EUROPE 9745). Voluntary cooperation should be developed so that common arrangements can be used when removing illegal immigrants, for example through biometric identification and joint return flights. Member states will be required to enhance cooperation with countries of origin and transit to combat illegal immigration. They are also encouraged to use “incentive measures” on aid for voluntary returns and mutually inform one another of these returns to prevent recipients of this aid coming back into the EU illegally. They are also invited to take firm action against those who exploit third country nationals who have entered the EU illegally (reference to the sanctions against employers directive. Better protecting Europe by improving the effectiveness of border controls. The use of biometric visas should become widespread, by January 2012 at the latest. There should also be enhanced cooperation between consulates of member states to build up, on a voluntary basis, joint consular services for issuing visas. While fully respecting member states' responsibilities, the FRONTEX agency should be given the means to carry out its role coordinating control of the EU's external border. Ultimately, the possibility of a European system of border guards could be considered, the document says, discounting the suggestion that, one day, there could be a European border guard replacing the traditional national border guards (see EUROPE 9736). In the context of border technology inspections, a priority will be in place by 2012, which electronically records entries and exits. This is part of a facilitated procedure for European citizens and other travellers. The EU is expected to increase aid to countries of origin and transit for training and equipping their border control personnel. Building a Europe of Asylum. This key measure consists of setting up a “European support office” in the first quarter of 2009. This will aim to facilitate information exchange between member states and promote (based on shared knowledge of countries of origin), coherency of practices and procedures and subsequent national decisions. In this connection, the goal has been changed and the reference to “harmonisation” of asylum procedures has disappeared (EUROPE 9736). The European Commission is being called on to present proposals in view of setting up in 2010 or 2012 at the latest, a single asylum procedure that includes common guarantees and adopts uniform status for both refugees and beneficiaries of subsidiary protection. The 2010 objective has reappeared, whilst it had been removed in previous versions. Finally, a solidarity system would lay out a voluntary means of member states receiving asylum seekers from more exposed countries, such as those in southern Europe. This system was introduced in response to concerns from Malta, which is very much on the receiving end of migratory pressure (EUROPE 9745).
Building a partnership with countries of origin and transit to aid development. The EU and member states will have to conclude agreements with countries of origin and transit, including provisions on legal immigration, the fight against illegal immigration, readmission and development. Forms of temporary immigration will be promoted to prevent brain drains. In conclusion, the document outlines that every year, heads of state and government will organise a debate on immigration and asylum policies. The Commission will put forward, in the light of member state contributions, recommendations on the implementation of commitments contained in the pact. (B.C./transl.rt/rh)