UNHCR EU policies and practices on

• UNHCR: EU policies and practices on Asylum and Migration. Latest developments Annabelle Roig UNHCR Brussels Soderkoping, Sweden, 12/13 May 2005 1

Contents of the presentation I- EU migration policy n II - EU European Neighbourhood Policy n III - EU immigration policy n IV - EU asylum policy n V - The Fundamental Rights Agency Including elements related to the future Constitutional Treaty and the next EU financial perspective (2007 -2013), especially the ‘Programme on Solidarity and Management of Migration Flows’ for which 5. 4 Billion Euros is allocated out of a total share of 9. 5 billion for Justice, Freedom and Security matters. n Soderkoping, Sweden, 12/13 May 2005 2

PART I EU Migration Policy Soderkoping, Sweden, 12/13 May 2005 3

Migration policy n n November 2003, the Council adopted a programme of measures to combat illegal migration across the maritime borders of the MS February 2004, the Council adopted a Regulation creating an Immigration Liaison Officers Network Soderkoping, Sweden, 12/13 May 2005 4

European Agency for the Management of Operational Co-operation at the External Borders n n Council Decision in October 2004 to set up a European Agency for Border Management by 1 May 2005. The seat will be located in Poland run by 30 persons with a budget of 16 M Euros in the first two years. The Agency will assist in the co-ordination of MS' actions in the implementation of return measures. It will not have a policy-making role, nor would it make legislative proposals or exercise implementing powers. The Agency will be responsible for horizontal matters such as training for border guards and risks analysis. It will also provide technical support to MS in organizing joint return operations. Soderkoping, Sweden, 12/13 May 2005 5

The Constitutional Treaty n n n Adopted in June 2004. Must be ratified by national parliaments. Referenda in most EU states. The text enshrines (article 265) the concept of an "integrated system of external border management" for enhancing future cooperation at both the legislative and the operational level, with the possibility of creating common border-guard units to support action by national authorities; open debate about creating a European border guard. The next EU financial perspective allocates under its proposed Programme for solidarity and management of migration flows some 2. 2 Billion Euros for an External Borders Fund. Soderkoping, Sweden, 12/13 May 2005 6

EU RETURN POLICY - I n n n POLICY DOCS Green Paper and a Communication on a Return Policy in 2002 Communication in July 2004 on a common readmission and return policy BUT not public. Soderkoping, Sweden, 12/13 May 2005 n n EU Return Action Program (Nov 02) EU Afghan Return Plan in 2003 7

EU Return Policy - II LEGISLATIVE INSTRUMENTS n June 2004 Council Decision to establish a special financial instrument for the return of ‘illegal’ third country nationals : 30 M Euros for 2005/2006 to finance joint projects related to voluntary and forced returns. Was recently approved by the Parliament (budget authority). Will be implemented with delay. n The new financial perspective envisages the creation of a fully fledged Return Fund with some 760 M Euros. n Draft Directive on common return procedures and standards – to be issued in the next few weeks. Soderkoping, Sweden, 12/13 May 2005 8

Return Policy - IV POLITICAL CONSIDERATIONS: § § § Increasingly the EU stresses the need of closer dialogue and cooperation with transit and countries of origin Migration /readmission clauses inserted into cooperation agreements, such as in the COTONOU Agreement (77 African Caribbean and Pacific countries) and in all other EU bilateral coop. agreements The Hague Programme asks the Commission to issue a Communication on this issue. Soderkoping, Sweden, 12/13 May 2005 9

Return Policy - IV § Large scale returns may have impact on the development of a country : Need for a comprehensive approach. Linkage between migration and development issues (First Communication in 2002, second one forthcoming). Soderkoping, Sweden, 12/13 May 2005 10

EU Readmission Agreements n n The EU is in active negotiations with : Ukraine, Russia (see 10 May 2005 Summit), Pakistan but also with China, Algeria , Morocco and Turkey RA already concluded with Hong Kong (Nov 02), Macao (Oct 03); Sri Lanka (Nov 03) and Albania (Feb 04) No new mandate was given to the Commission. A review of this policy has been set for 2007 under the Finnish Presidency Soderkoping, Sweden, 12/13 May 2005 11

The Constitutional Treaty § Article 268 of the Constitutional Treaty empowers the Union to conclude agreements with third countries for the readmission of third-country nationals residing without authorisation in the Union. Soderkoping, Sweden, 12/13 May 2005 12

The Constitutional Treaty n Article 267, the common immigration policy aims at ensuring the efficient management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings (women and children, in particular). Soderkoping, Sweden, 12/13 May 2005 13

AENEAS PROGRAMME n n Successor of B 7667 budget line. New Regulation for the next period 2004 -2008 (250 M Euros), adopted by co-decision with EP in March 2004. Objective : give technical and financial aid to third countries in order to promote a more efficient management of migration flows in all their dimensions Focus countries : those with which the EU is negotiating a readmission agreement and those concerned by the ENP Soderkoping, Sweden, 12/13 May 2005 14

AENEAS n AENEAS has a balanced approach between combating migration and protection concerns. First Call for Proposals issued in December 2004 : some 200 projects submitted. No decision yet. Next Call mid 2005 with different geographical priorities. n Link with ‘Regional Protection Programme’ ? n Soderkoping, Sweden, 12/13 May 2005 15

Part II THE EUROPEAN NEIGHBOUROOD POLICY Soderkoping, Sweden, 12/13 May 2005 16

European Neighbourood Policy n n n Covers 17 countries along the external borders of the EU: 3 western NIS, 3 South Caucasus Republics and 11 Mediteranean countries ‘Wider Europe’ paper (March 03) European Neighborhood Policy (May 2004) + Council Conclusions of June 2004 extending the ENP to Southern Caucasus. Soderkoping, Sweden, 12/13 May 2005 17

European Neighbourood Policy Confirm and reinforce the aims and strategy of the 2003 ‘Wider Europe’ policy, seeking to extend the socio-economic and peace and prosperity related benefits of the recent EU enlargement to its immediate neighbours n Main elements of ENP : - ENP is not a first step towards future EU membership - Principle of jointly elaborating Action Plans n Soderkoping, Sweden, 12/13 May 2005 18

ENP Country Reports n n n The Commission issued / will issue Country Reports assessing the situation in each country concerned by the ENP. The first seven were issued in May 2004 on Ukraine, Molodva, Israel, Jordan, Morocco, Tunisia and Palestine and in March 2005 for Egypt, Lebanon, Armenia, Azerbaijan and Georgia. Country reports serve as background documents to the Action Plans and are descriptive and factual, rather than critical. Soderkoping, Sweden, 12/13 May 2005 19

ACTION PLANS ‘political and living documents’ 1. 2. Contain commitments in favor of specific actions to promote common values such as respect of democracy and human rights and minorities, rule of law, reform of the judiciary… Set up priority actions, with a time table, on political dialogue and reform, trading facilities, energy, transport, information society, environment, social policy and people to people contacts. . And justice and home affairs (JHA). Soderkoping, Sweden, 12/13 May 2005 20

Action Plans and JHA n n n Closer collaboration in JHA includes on management of borders and population movements, migration and asylum, visa policies, fight against organized crime… Action Plans and the progress made will be monitored in the bodies established under the Parternship and Co-operation Agreements. Bilateral agreements will ultimately become ‘European Neighbourood Agreements’ Soderkoping, Sweden, 12/13 May 2005 21

European Neighbourhood Financial Instrument The Commission is proposing the creation of a new financial instrument for implementing this policy. This instrument will become effective as of 2007 and will place emphasis on cross border cooperation along the external borders of the EU. n Draft regulation was issued on 14 October Soderkoping, Sweden, 2004 12/13 May 2005 22 n

RUSSIA and the EU n n Not directly concerned by the ENP Has a specific and sui generis strategic relationship governed by the Partnership and Cooperation Agreement since 1997 and the joint decision made at St Petersbourg Summit in May 2003 to create four common spaces, including a space of Security, Freedom and Justice. See also the outcome of the EURussia Summits of May 2004 and 2005. Soderkoping, Sweden, 12/13 May 2005 23

PART III EU IMMIGRATION POLICY Soderkoping, Sweden, 12/13 May 2005 24

Policy development The Commission issued : - In July 2004 a Communication on the study of the relationship between legal and illegal immigration - In January 2005, a green paper on economic migration n Soderkoping, Sweden, 12/13 May 2005 25

INTEGRATION OF MIGRANTS n n n Tampere (1999) : ‘a vigorous integration policy’ June 2003 Commission Communication on Immigration, Integration and Employment: first annual report issued in June 2004 Thessaloniki (2003): ‘a common integration policy’ Creation of the INTI programme in 2003 with some 5 M Euros annually. An Integration Fund under the next EU financial perspective with 1. 8 billion euros EU Network of Integration Focal Points created end of 2003 Ministerial meeting in November 2004 : adoption of 9 main principles. Soderkoping, Sweden, 12/13 May 2005 26

Legal instruments n n Directive on the Right to Family Reunification adopted in September 2003. Challenged by the EP at the ECJ for non compliance with international legal norms (eg. Convention on the Rights of the Child) Directive on Long Term Resident Status adopted in November 2003. Excludes refugees and beneficiaries of subsidiary protection Soderkoping, Sweden, 12/13 May 2005 27

Other legal instruments n n Directive on the rights of the EU citizens and their family members (who could be third country nationals) to move and reside freely within the EU adopted in March 2004 Directive on the short term residence permit for victims of trafficking who cooperate with the authorities adopted in April 2004 Soderkoping, Sweden, 12/13 May 2005 28

Other legal instruments n n Regulation laying down a uniformat for visa and residence permit for third country nationals with harmonized integration of biometrics, adopted early 2004 In June 2004, the Council adopted a Decision establishing a Visa Information System Soderkoping, Sweden, 12/13 May 2005 29

draft instruments n On admission for paid employment and self employed activities : Negotiations have stopped, too great divergences among MS. Strong German (op)position n On admission for the purpose of studies and vocational training (including volunteering): adopted late 2004 n On admission to carry out scientific research : general agreement end of 2004 n On unpaid activities : the idea to have a legislative instrument on this matter has been dropped. Soderkoping, Sweden, 12/13 May 2005 30

Change of rules n In accordance with the Nice Treaty provisions, the Council decided in December 2004 to swtich to the codecision procedure as of 1 January 2005 for all matters of immigration (except for immigration in relation to the labour market). This gives the European Parliament a co-legislative role. Soderkoping, Sweden, 12/13 May 2005 31

Constitutional Treaty n n Article 268 calls for a common immigration policy ensuring fair treatment of third country nationals residing legally in MS The main innovation is that the Union may in future add value to national integration measures by adopting incentive and supporting measures, excluding any harmonisation of national laws and regulations. Soderkoping, Sweden, 12/13 May 2005 32

The Constitutional Treaty According to article 267, EU measures will be adopted on : - The conditions of entry and residence in the EU - The definitions of rights of third country nationals residing legally in a MS - Member States will, in practice, retain the right to determine volumes of admission of third-country nationals coming from third countries to seek work. Soderkoping, Sweden, 12/13 May 2005 33

PART IV EU Asylum Policy Soderkoping, Sweden, 12/13 May 2005 34

Common European Asylum System (CEAS) : first phase under Amsterdam completed? n n n Mechanisms to determine State responsibility (Dublin II) : Regulation adopted in February 2003 Minimum standards for reception conditions of asylum seekers : Directive adopted in October 2003 Minimum standards for the qualification of refugees and beneficiaries of subsidiary protection: Directive adopted in April 2004 Soderkoping, Sweden, 12/13 May 2005 35

Other building blocks of the CEAS n n Minimum standards for asylum procedures: political agreement in March/November 2004: not yet formally adopted. The Parliament still needs to issue an opinion on the latest version of the Directive Common regime for Temporary Protection: Directive adopted in July 2001 Solidarity / burden-sharing instrument: Decision on European Refugee Fund II (2005 -2010) adopted in June 2004 with 114 m Euros for the first two years. Working Programmes and Call for Proposals for Community Actions to be issued yet. Some 1. 2 Billion Euros for the ERF under the next financial perspective n See UNHCR’s annotated comments on these instruments Soderkoping, Sweden, n 12/13 May 2005 36

The developement of a Common European Asylum System June 2004 Communications on : - The assessment of the Tampere programme and future orientations: ‘Vitorino's bilan’ Durable Solutions : resettlement and enhancing protection capacity in regions of origin. - A single procedure The Council took note and asked working bodies to work further on these proposals Soderkoping, Sweden, 12/13 May 2005 37

The ‘HAGUE PROGRAMME’ n n On 5 November 2004, European Council adopted a new multi annual programme on Freedom, Security and Justice, as the successor of the Tampere Programme Covers a whole range of issues : security, judicial cooperation, … and also migration and asylum through 5 specific aspects with regard to the external and internal dimensions of the EU asylum policy Soderkoping, Sweden, 12/13 May 2005 38

The External dimension : 2 aspects HP places great emphasis on partnership between the EU and third countries: 1. Following a Commision Communication in June 2004 on ‘a more accessible, equitable and better managed international protection regime’, the need to improve access to durable solutions by enhancing protection capacities in the regions of origin and the idea of an EU ressettlement scheme was endorsed by the Council Soderkoping, Sweden, 12/13 May 2005 39

How : ‘Regional Protection Programme’ (RPP) n n Pilot project to be proposed by July 2005 by the Commission Important elements : RPP should be developed in partnership with the countries concerned and in close coop. with UNHCR, linking with ‘Convention Plus’ and the ‘Agenda for Protection’ initiatives Should focus on capacity building measures in regions of transit and / or of origin Some confusion about the ultimate objectives of the RPP. The 2004 Communication mentions that ‘refugees should remain as close as possible to their homes and their needs’. Soderkoping, Sweden, 12/13 May 2005 40

2. Joint processing of claims outside the EU n n Context / background : UK, German and Italian ideas to set up camps / processing centers / migration gateways outside the EU The Hague Programme asks the Commission to conduct a feasibility study on this issue Soderkoping, Sweden, 12/13 May 2005 41

The internal dimension : 3 aspects The Hague Programme calls for : n - an evaluation by 2007 of the transposition and implementation in MS of the first phase legal instruments. Monitoring is important n - the setting up of ‘appropriate structures’ for approximation of national practices n - a study on joint processing of asylum applications inside the EU End result : the creation of a CEAS by 2010. Soderkoping, Sweden, 12/13 May 2005 42

The Hague Programme n In June 2005, the Commission will issue an Action Plan with will detail how to achieve the HP’ objectives. Soderkoping, Sweden, 12/13 May 2005 43

The Constitutional Treaty n n New Treaty calls for a common policy on asylum in line with 1951 Geneva Convention - based on the 5 Amsterdam blocks (no more ‘minimum’ standards) adds the possibility of adopting measures of partnership and cooperation with third countries for the purpose of managing inflows of people applying for asylum Soderkoping, Sweden, 12/13 May 2005 44

PART V- The Fundamental Rights Agency Soderkoping, Sweden, 12/13 May 2005 45

THE FUNDAMENTAL RIGHTS AGENCY n n In December 2003, the Council decided to extend the mandate of the existing Viennabased European Monitoring Centre on Racism and Xenophobia A Communication on the mandate of the future Agency was issued in October 2004 and a consultative process with all actors started last summer. A legal basis for creating the Agency should be issued before the summer 2005. Soderkoping, Sweden, 12/13 May 2005 46

THANK YOU FOR YOUR ATTENTION Soderkoping, Sweden, 12/13 May 2005 47