4 Migration from the Southern Mediterranean
| (32813)
10784/11
COM(11) 292
| Commission Communication: A dialogue for migration, mobility and security with the southern Mediterranean countries
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| Legal base | —
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| Document originated | 24 May 2011
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| Deposited in Parliament | 1 June 2011
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| Department | Home Office
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| Basis of consideration | EM of 13 June 2011
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| Previous Committee Report | None; but see 10784/11 (32813): chapter 23 of this Report.
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| To be discussed in Council | 24 June 2011
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| Committee's assessment | Politically important
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| Committee's decision | For debate in European Committee B
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Background
4.1 In May 2011, the Commission published a Communication on Migration
which proposed a framework for developing a comprehensive migration
policy to enable the EU and Member States to manage asylum, migration
and the mobility of third country nationals within a secure environment.[40]
It followed the publication of a Communication in March 2011 proposing
a partnership for democracy and shared prosperity with the Southern
Mediterranean.[41] Both
Communications were prompted by the political upheaval in Tunisia,
Egypt and Libya and highlighted the importance of developing "mobility
partnerships" with southern Mediterranean countries in order
to address a broad range of issues, including visa policy and
legal migration, readmission of illegal immigrants, and capacity
building to improve border management systems and to tackle illegal
immigration, human trafficking and other cross-border organised
crime.
The Commission's Communication
4.2 This latest Communication describes how the European Union
has responded to the challenge of increased migratory flows from
the Southern Mediterranean and makes recommendations for further
short, medium and long term measures. It proposes a framework
for establishing a dialogue on migration, mobility and security,
initially with Tunisia, Morocco and Egypt, in order to address
the root causes of migratory flows. This dialogue would be based
on Mobility Partnerships tailored to the specific needs of each
partner country. The Communication will be considered by the European
Council on 24 June.
Measures already taken by the European Union
4.3 The Commission notes that the conflict in Libya has so far
displaced around 800,000 individuals, mainly to neighbouring countries.
Since January, some 35,000 migrants have sought shelter on the
Italian island of Lampedusa and in Malta. The Commission says
that the EU's response has been swift, comprehensive and effective
and includes:
- the allocation of €40 million (€102 million if Member
State contributions are included) for emergency humanitarian assistance;
- the launch of a FRONTEX operation (Joint Operation
Hermes Extension 2011) to help Italy control sea vessels carrying
migrants and refugees;
- the deployment of Europol experts to Italy to
help identify possible criminals;
- the allocation of an additional €25 million
from the External Borders and European Refugee Funds to assist
Member States most exposed to the influx of migrants and refugees;
and
- concrete proposals to develop a dialogue on migration,
mobility and security with southern Mediterranean countries.
4.4 The Commission believes that migratory pressures
are unlikely to abate because problems of political instability
are compounded by longer-term structural challenges resulting
from very high levels of unemployment, especially amongst the
young. It therefore advocates the development of "a more
structured, sustainable plan . . . based on solidarity between
Member States and partnership with relevant third countries."[42]
Proposed short and medium term measures
4.5 The Commission outlines a range of measures which
are intended to provide assistance to EU Member States and countries
neighbouring Libya and to develop their capacity to manage inflows
of migrants and refugees. They include:
- the provision of funds for
humanitarian assistance and for repatriation of individuals fleeing
conflict in Libya;
- making additional technical resources available
for FRONTEX operations and increasing the budget for FRONTEX's
Surveillance Patrolling Network;
- rapid adoption of an amending Regulation to strengthen
FRONTEX's capabilities,[43]
and the conclusion of working arrangements between FRONTEX and
competent authorities in Egypt, Morocco, Turkey and Tunisia;
- the launch of a joint EU-Tunisia operational
project to enhance the capacity of the Tunisian authorities to
manage migration effectively, while also assisting local authorities
in EU Member States to deal with the impact of migratory flows
from Tunisia on their local economy and infrastructure;
- ensuring Member States make full use of available
resources under the EU's External Borders, Return, and European
Refugee Funds and providing additional resources where needed
to support Member States facing an emergency situation;
- implementing Regional Protection Programmes to
assist refugees stranded in Egypt, Libya and Tunisia and making
provision for the resettlement of individuals in need of international
protection in EU Member States or elsewhere; and
- rapid adoption of a proposal to establish an
EU joint resettlement programme.
4.6 The Commission highlights the need for adequate
funding to provide humanitarian assistance and says it will consider
whether EU Structural Funds could be used to mitigate the impact
of migratory flows on the local economy and infrastructure of
peripheral EU regions receiving migrants. In addition to funding,
the Commission advocates greater sharing of responsibility amongst
Member States. It urges Member States to make available asylum
experts to join teams deployed by the European Asylum Support
Office to help with the screening of asylum seekers, and to accept
the relocation to their own territories of individuals recognised
as being in need of international protection.
Proposed longer-term measures
4.7 The Commission says that its Communication proposing
a partnership for democracy and shared prosperity with the Southern
Mediterranean should help to address the root causes of migration
by focussing on job creation, social and economic development
and sustainable growth. In addition, the Commission believes that
a specific dialogue focussing on migration, mobility and security
is needed in order to support and encourage the process of domestic
reform in southern Mediterranean countries and to provide carefully
managed opportunities for labour migration to EU Member States
while maintaining secure borders.
Mobility Partnerships
4.8 The Commission recommends initiating a dialogue
with Tunisia, Morocco and Egypt with a view to agreeing comprehensive
Mobility Partnerships covering the three "pillars" of
the EU's Global Approach to Migration: effective management of
legal migration; ensuring that migration has a positive impact
on development; and combating irregular migration. The Commission
says that the Mobility Partnerships should also include measures
to promote respect for the rights of migrants and their integration
within host communities.
4.9 Mobility Partnerships should adhere to four general
principles:
- Differentiation
— the content of the Partnership should be tailored to the
specific situation in each partner country;
- Bilateralism —
each Partnership will be agreed separately, on its own merits;
- Conditionality —
demonstrable efforts and progress must be made in all areas (migration,
mobility and security) covered by the Partnership as well as in
the area of governance; and
- Monitoring —
there must be an effective mechanism to monitor implementation
of the Partnership.
4.10 According to the Commission, capacity building
measures will form an essential part of the Mobility Partnerships.
So, for example, in the asylum field, these might include measures
to help partner countries align their domestic legislation to
international standards, including application of the principle
of non-refoulement, and to provide durable protection to
those in need of international protection. Capacity building measures
in the field of legal migration might include better systems for
assessing labour market needs in potential destination countries
and for organising legal migration, as well as measures to make
it easier for migrants to send back remittances and to facilitate
their re-integration when they return home. Measures to help combat
irregular migration might include improving the quality and security
of travel and identity documents, assistance in identifying vulnerable
migrants who may be victims of trafficking, and enhanced cooperation
on voluntary returns.
4.11 The Commission makes clear that the level of
ambition of Mobility Partnerships will depend on the commitment
of those Member States interested in participating, but it contemplates
a variety of schemes to facilitate labour migration. It also suggests
that partner countries should be offered visa facilitation agreements
to make it easier for certain categories of migrants, notably
students, researchers and business people, to live and work in
the EU. However, the Commission adds that increased opportunities
for mobility "will depend on the prior fulfilment of a certain
number of conditions, aimed at contributing to the creation of
a secure environment in which the circulation of the persons would
take place through regular channels and in accordance with the
agreed modalities."[44]
4.12 These conditions are likely to include:
- the implementation of voluntary
return arrangements and the conclusion of readmission agreements
with the EU;
- the conclusion of a working arrangement with
FRONTEX;
- building capacity on border control and management;
- cooperating in the joint surveillance of the
Mediterranean Sea;
- cooperating with EU Member States to identify
nationals and residents sought for judicial, extradition or readmission
purposes; and
- ratifying and implementing the UN Convention
on Transnational Organised Crime (including protocols on trafficking
in human beings and the smuggling of migrants).
4.13 In addition to Mobility Partnerships, the Commission
encourages EU Member States to consider improving their consular
coverage in the Southern Mediterranean, including through the
establishment of Common Visa Application Centres.
The Government's response
4.14 The Minister for Immigration (Damian Green)
says that the Government broadly welcomes the Communication and
supports the move to manage migration and promote stability through
the creation of long term strategic and sustainable partnerships
with North African states. He continues:
"We agree that this response should be strategic,
sustainable and based on a sense of shared responsibility. However,
as migration lies in an area of mixed EU competency, we must ensure
that this is respected through appropriate representation of the
Commission and Member States in all EU dealings with third countries."[45]
4.15 The Minister says that the Government supports
many of the proposed short and medium term measures, especially
those designed to strengthen border areas that are under most
pressure. He adds:
"The Government is committed to working bilaterally,
multilaterally and through the EU to help build border controls
and protection capacity both in North Africa and within the EU,
making best use of EU bodies such as FRONTEX and the European
Asylum Support Office."[46]
4.16 While the Government supports the provision
of quicker and more flexible funding where needed to address migratory
pressures, the Minister notes that "any proposal to provide
EU financial assistance should be found through the reprioritisation
of existing resources, or the use of emergency funds within existing
ceilings, and not through an increase in the overall budget."[47]
4.17 The Minister says that the UK is willing to
assist the European Asylum Support Office through the deployment
of asylum experts and case workers (and has already done so in
Greece) but adds:
"[W]e are opposed to the transfer of migrants
to the EU from North Africa and to the relocation to other Member
States of those migrants who reach the EU. We believe that building
capacity in the region, and in adversely affected EU countries,
to deal more effectively with migrants will create a more sustainable
solution to this problem. We support the establishment of a Regional
Protection Programme to create sustainable solutions for those
in genuine need, as close to their region of origin as possible.
In the long term, resettlement may form part of the strategic
element of such a programme, but should not be used as a reflex
reaction to an unfolding situation."[48]
4.18 The Government believes that EU Member States
should be encouraged to establish their own resettlement programmes,
using funding from the European Refugee Fund, rather than an EU
one.
4.19 As regards the Commission's proposals for longer-term
measures, the Minister notes that Mobility Partnerships are "broad
political agreements" and "do not bind the parties to
any particular measure of cooperation agreed under the Partnership."
He says that the UK will consider participation in any proposed
Mobility Partnership "on a case by case basis" and notes
the importance of ensuring that "the legal competencies of
Member States are respected."[49]
4.20 The Minister expresses the Government's support
for the four principles (differentiation, bilateralism, conditionality
and monitoring) which should underpin the Mobility Partnerships.
He says the Government agrees that "offers to partner countries
on mobility should not be made unless progress had been achieved
on tackling irregular migration and progress on migration governance."[50]
The Government also supports the emphasis on capacity building,
but adds:
"We are keen to ensure that Mobility Partnerships
remain balanced, reflecting the needs and priorities of all parties.
The prioritisation of facilitating legal migration over the challenge
of tackling irregular migration should be avoided."[51]
4.21 The Minister notes that elements of the Mobility
Partnership concerning labour mobility "apply only to interested
Member States, on the basis of their national legislation and
their labour market needs. The UK will continue to apply the Points
Based System controls, including migration limit policy, to any
labour mobility from North Africa and elsewhere."[52]
He endorses the measures (set out above in paragraph 4.12) which
the Commission proposes should be a pre-condition for opening
up new opportunities for mobility from partner countries, especially
those which would "improve our ability to return nationals
of these countries that are present in the UK illegally, and which
would therefore deter irregular migrants from making the long
and potentially dangerous journey to the UK."[53]
4.22 The Minister notes that the Commission encourages
EU Member States to consider improving their consular coverage
in the Southern Mediterranean, and adds:
"[T]he Government believes that consular protection
and consular coverage is an area of Member State competence and
there is no role for the EU institutions in defining the assistance
that Member States provide or in providing frontline consular
assistance. In addition, the Government takes the view that it
is not appropriate that the issue of consular coverage is addressed
in the context of this Communication."[54]
4.23 The Minister also considers that any proposals
for visa facilitation or liberalisation, whilst not directly affecting
the UK since it is not part of the Schengen free movement area,
"should be carefully considered" because of their potential
impact on irregular migration.[55]
4.24 Finally, the Minister says that the Government
supports the Commission's proposal to initiate migration dialogues
with Tunisia, Egypt and Morocco since "their increasing co-operation
as strategic partners of the EU is necessary to create conditions
for sustainable management of migratory flows between North Africa
and the EU."[56]
Conclusion
4.25 The Communication explains how and why the
EU intends to develop a more focussed and sustainable dialogue
on migration, mobility and security, while also fleshing out the
purpose and content of future Mobility Partnerships between the
EU and its southern Mediterranean partners. Although it does not
propose any new legislative measures, we think it is of sufficient
political importance and interest to merit a debate in European
Committee B.
40 See (32735) 9731/11: see HC 428-xxviii (2010-12),
chapter 9 (24 May 2011). Back
41
See (32588) 7592/11: see HC 428-xxiii (2010-11), chapter 9 (5
April 2011). Back
42
See p. 4 of the Communication. Back
43
See (31368) 6898/10: HC 428-xxii (2010-11), chapter 13 (30 March
2011). Back
44
See p. 10 of the Communication. Back
45
See para 20 of the Minister's Explanatory Memorandum. Back
46
See para 22 of the Minister's Explanatory Memorandum. Back
47
See para 25 of the Minister's Explanatory Memorandum. Back
48
See para 27 of the Minister's Explanatory Memorandum. Back
49
See para 31 of the Minister's Explanatory Memorandum. Back
50
See para 34 of the Minister's Explanatory Memorandum. Back
51
See para 36 of the Minister's Explanatory Memorandum. Back
52
See para 38 of the Minister's Explanatory Memorandum. Back
53
See para 40 of the Minister's Explanatory Memorandum. Back
54
See para 45 of the Minister's Explanatory Memorandum. Back
55
See para 46 of the Minister's Explanatory Memorandum. Back
56
See para 47 of the Minister's Explanatory Memorandum. Back
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