10 Management of the EU's southern maritime
borders
| (28109) 16126/06 COM(06) 733 |
Commission Communication on reinforcing the management of the European Union's southern maritime borders
|
| Legal base | — |
| Document originated | 30 November 2006
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| Deposited in Parliament | 5 December 2006
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| Department | Home Office |
| Basis of consideration | EM of 10 January 2007
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| Previous Committee Report | None; but see (28108) 16106/06: HC 41-v (2006-07), para 14 (10 January 2007)
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| Discussed in the European Council | 14-15 December 2006
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| Committee's assessment | Politicallly important
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| Committee's decision | Cleared
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Background
10.1 The European Agency for the management of operational cooperation
at the EU's external borders (FRONTEX) was created by a Council
Regulation of 2004.[26]
In addition to coordinating operational cooperation between Member
States, FRONTEX helps Member States train their border guards,
conducts risk analyses, commissions research relevant to its functions
and helps Member States organise joint operations for the return
of illegal immigrants to their countries of origin. 2006 was the
Agency's first full year of operation. Its headquarters are in
Warsaw and its budget for 2007 is about €34 million.
10.2 In 2005, the European Council adopted a document
called "Global Approach to Migration: priority actions focussing
on Africa and the Mediterranean".[27]
Last week, we considered a progress report by the Commission on
the implementation of the Global Approach in 2006.[28]
The document
10.3 In the first section of this Communication on
the management of the EU's southern maritime borders, the Commission
refers to the unprecedented number of people who have tried over
the last two years to gain illegal entry to the southern Member
States bordering the Mediterranean and Atlantic. For example,
over 17,000 illegal immigrants arrived in the Canary Islands in
the first seven months of 2006, 5000 more than in the whole of
2005. The Commission calls for immediate and decisive action to
counter illegal migration by sea; to identify and look after genuine
asylum seekers travelling with illegal migrants; and to reduce
the number of people lost at sea on the journey from Africa to
the southern Member States.
10.4 The Commission calls for:
- cooperation with third countries
in Africa and the Mediterranean (as set out by the European Council
in its statement of the Global Approach); and
- stronger operational cooperation between Member
States, FRONTEX, other EC agencies and international organisations
such as the UNHCR.
The Communication makes proposals for the latter
under four headings:
(i) Maximising the capacity of FRONTEX
10.5 The Commission's proposals under this heading
include action:
- to strengthen Member States'
capacity to deal with the arrival at their borders of large numbers
of illegal immigrants by early adoption of the draft Regulation
on Rapid Border Intervention Teams;[29]
- to give FRONTEX access to the information collected
by the Immigration Liaison Officers' network and allow the Agency
to attend ILO meetings;
- to implement at once the power in Article 7 of
the FRONTEX Regulation for the Agency to set up and keep records
of technical equipment for control and surveillance which Member
States are willing to make available for temporary use, on request,
by other Member States;
- to establish between the Agency, Member States
and others facilities for real time coordination of joint operations;
- to reach technical cooperation agreements between
FRONTEX and bodies such as the European Maritime Safety Agency,
the European Satellite Agency and the European Defence Agency;
- to negotiate Memoranda of Understanding with
the UNHCR and the International Organisation for Migration about
the exchange of information, the allocation of tasks and cooperation;
and
- to examine the feasibility of continuous control
and surveillance operations at the southern maritime borders from
spring until late autumn.
(ii) New tools for the next generation of integrated
border management
10.6 Under this heading the Commission outlines possibilities
for action in the medium- and longer-term. They include:
- The creation of a Coastal Patrol
Network for the southern maritime borders. It would be run by
the Member States and FRONTEX with the aim of pooling assets and
expertise, coordinating patrols and exchanging intelligence.
- The creation of a European Surveillance System
for Borders (EUROSUR). Initially, it would link the existing national
surveillance systems; later it might replace them, providing radar
and satellite surveillance for the whole of Europe.
- The establishment of teams of experts, made available
voluntarily by Member States and deployable at short notice, to
help ensure that a Member State facing a large mixed influx of
asylum seekers and illegal migrants is able to deal properly with
those in need of international protection and to safeguard the
public health of the immigrants and the host country. Consideration
should also be given to the possibility of "a structured
contribution by UNHCR to the activities and operations implemented
under the coordination of FRONTEX".[30]
(iii) The operational implementation of the international
law of the sea
10.7 The Commission says that it is conducting a
study of the international law of the sea. Among the issues it
has already identified are:
- the importance of Member States
and African countries ratifying the Palermo Protocol against the
smuggling of migrants by land, sea and air;
- the desirability of clarifying the law on, and
procedure for, the interception of vessels suspected of carrying
illegal immigrants;
- the need for clarity about how to determine the
port at which migrants should be disembarked following rescue
at sea or interception; and
- the need for advice on the application of the
principle of non-refoulment in cases where vessels have
been intercepted.[31]
10.8 The Commission also suggests that practical
guidelines might be produced, in consultation with the International
Maritime Organization and the UNHCR, on ways to ensure the fulfilment
of Member States' obligations under international law when conducting
search and rescue operations.
(iv) Maximising the use of EC financial means
10.9 The Commission refers to the availability of
money from the EC to support action to deal with illegal immigration
and applicants for asylum. The sources of finance include the
budget for FRONTEX; the External Borders Fund; the European Refugee
Fund; and the 7th R&D Framework Programme.
The Government's view
10.10 The Parliamentary Under-Secretary of State
at the Home Office (Joan Ryan) tells us that the Government welcomes
the wide range of ideas outlined in the Commission's Communication
and recognises the importance of the EC as a whole in helping
the southern Member States cope with the increase in illegal migration.
10.11 In particular, she says that the proposals
to maximise the capacity of FRONTEX are important. The Government
has given the Agency financial support and will continue to second
staff to it and take part in joint operations.
10.12 The Minister notes that the European Council
was able to take account of the Communication when it discussed
migration last month.
The December 2006 European Council
10.13 The Conclusions of the meeting of the European
Council on 14-15 December endorse some of the ideas proposed in
the Communication, such as strengthening the capacity of FRONTEX
and reinforcing its links with the Immigration Liaison Officers
network; examining the case for creating EUROSUR; setting up a
permanent Coastal Patrol Network at the southern maritime borders;
and early adoption of the draft Regulation on Rapid Border Intervention
Teams.[32]
Conclusion
10.14 We regard the Commission's Communication
as a constructive contribution to the search for ways to help
deal with the difficulties caused by the large increase in illegal
migration by sea to the Member States with borders on the Mediterranean
and the Atlantic. We believe that closer cooperation between Member
States and improved management of the flow of migrants is necessary
not only for the effective prevention of illegal entry to the
European Union but also for humanitarian reasons.
10.15 The Commission's proposals for action in
the short term to strengthen FRONTEX and to improve operational
cooperation appear to be practical and to show proper respect
for the responsibilities of Member States for the control of their
borders. It would, however, be premature for us to offer an opinion
on the suggestions for longer-term initiatives, such as those
which may emerge from the study of the law of the sea, since they
are at an early stage and the Commission will be doing further
work on them.
10.16 In our view, the document is of political
importance and so we draw it to the attention of the House. We
see no need, however, to keep it under scrutiny.
26 OJ No. L 349, 25.11.04, p.1. Back
27
European Council 15-16 December 2005, Presidency Conclusions,
paragraph 10 and Annex I. Back
28
(28108) 16106/06: see HC 41-v (2006-07), para 14 (10 January 2007). Back
29
(27721) 11880/06: see HC 34-xxxvii (2005-06), para 22 (11 October
2006). Back
30
Commission Communication, page 10, paragraph 30. Back
31
"Non-refoulment" means the prohibition of expulsion
or return to a country where the life or freedom of the individual
would be threatened. Back
32
European Council 14-15 December 2006, Presidency Conclusions,
paragraph 25 (c). Back
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