77 European Pact on Immigration and Asylum
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9273/10
COM(10) 214
+ ADD 1
| Commission's first report on immigration and asylum
Commission staff working document: supporting information
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| Legal base | —
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| Document originated | 6 May 2010
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| Deposited in Parliament | 25 May 2010
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| Department | Home Office
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| Basis of consideration | EM of 28 May 2010
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| Previous Committee Report | None
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| Discussed in Council | 3 June 2010
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
77.1 The EU has adopted three programmes on justice and home affairs
since 1999 (Tampere 1999-2004; Hague 2005-2009; and Stockholm
2010-14). Proposals for common EU policies on asylum and immigration
feature in all three programmes. A lot of EU legislation has been
adopted on both subjects, such as the Directive on minimum standards
for the reception of asylum seekers and the Decision establishing
FRONTEX (the EU agency for the coordination of operational cooperation
between Member States at the external borders of the EU).
77.2 In 2008, while holding the Presidency of the Council of Ministers,
the French Government advocated a fresh impetus for the EU's policies
on immigration and asylum. It proposed an EU Pact on Immigration
and Asylum.[336] The
Pact includes five political commitments:
- for legal immigration to take account of the priorities, needs
and reception capacities of each Member State and to encourage
the integration of legal immigrants;
- to control illegal immigration by ensuring the
return of illegal migrants to their countries of origin or transit;
- to make the control of the EU's external borders
more effective;
- to "construct a Europe of asylum" (to
complete the establishment of a common European asylum system
by, for example, reducing the differences in Member States' asylum
policies and procedures and introducing a uniform status for refugees
and beneficiaries of subsidiary protection); and
- to create EU and Member State partnerships with
immigrants' countries of transit and origin.
77.3 Under each of these headings, the Pact lists
action which the EU and Member States might take to give effect
to the commitments. For example, in order to give effect to the
commitment on the control of illegal immigration, the Pact invites
Member States to take vigorous action against employers who exploit
illegal immigrants.
77.4 The Pact emphasises that it is for each Member
State to decide for itself the conditions for the admission of
legal migrants and how many to admit in the light of the requirements
of its labour market and demography. It also emphasises the need
for each Member State to take account of the effect of its policies
and decisions on other Member States.
77.5 The European Council adopted the Pact in October
2008.[337]
The Commission's first report on the implementation
of the Pact
77.6 The report gives the Commission's assessment
of the implementation of the Pact by the EU and Member States
between October 2008 and the end of 2009. It views are marshalled
under the five headings used in the Pact. The Commission also
makes some recommendations.
77.7 For example, under the heading Construct
a Europe of asylum, the report says that:
- At EU level, as required by
the Pact, the Commission made proposals to set up the European
Asylum Support Office and to amend the "first phase legislation"
on asylum (the Asylum Procedures, Qualification and Reception
Conditions Directives and the EURODAC and Visa Information System
Regulations). Non-legislative action included the completion of
evaluations of the regional programmes to provide protection for
refugees close to their regions of origin. Ten Member States (including
the UK) agreed to the resettlement in their territories of people
who had been granted international protection by Malta.
- At national level, some Member States agreed
to the voluntary resettlement of refugees. More Member States
took part in practical cooperation activities; for example, the
UK and the Netherlands provided training for Malta's and Greece's
immigration services.
- Overall, while some useful progress was made,
the negotiations on the amendment of the first phase legislation
had proceeded slowly and the majority of Member States "have
not shown much interest in solidarity measures in the form of
intra-EU relocation of beneficiaries of international protection".[338]
- The Commission recommends that, in the negotiations
on the amendment to the EU's existing asylum legislation, Member
States should stand by their commitment to a common European asylum
system; all concerned should give their support to a quick start
for the European Asylum Office; and more Member States should
help those under most pressure from asylum seekers by accepting
the relocation of refugees and providing technical assistance.
- In the Conclusion to the report, the Commission
says that its recommendations are intended to identify priorities
for the coming year and that "Further impetus will also come
from changes under the Lisbon Treaty, notably the enhanced role
of the European Parliament, and from the Action Plan Implementing
the Stockholm Programme".[339]
The Government's view
77.8 In his Explanatory Memorandum of 28 May 2010,
the Minister for Immigration at the Home Office (Damian Green)
tells us that the Commission's report has no policy, financial
or legislative implications for the UK. The Government will carefully
examine any proposals stemming from the report.
77.9 The JHA Council discussed the Commission's report
on 3-4 June. The Council welcomed the progress that has been made
so far in implementing the Pact. It agreed that more effort would
be needed over the next year on, for example, EU policy on legal
migration; countering the smuggling and trafficking of third country
nationals; the protection of the external borders of the Member
States; and cooperation between Member States on asylum.
Conclusion
77.10 We draw the report to the attention of the
House because of the importance of its subject. There are no questions
about the document or the Government's views on it that we need
put to the Minister. We are content, therefore, to clear the report
from scrutiny.
336 (29937) 12626/08: see HC 16-xxix (2007-08), chapter
17 (10 September 2008). Back
337
Brussels European Council 15-16 October 2008, Presidency Conclusions,
paragraphs 19 and 20. Back
338
First report, page 7, final sentence of fourth paragraph. Back
339
First report, page 10, final sentence. Back
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