12 EU co-financing for actions in
the field of asylum and immigration
| (34264)
14123/12
COM(12) 526
| Draft Decision of the European Parliament and of the Council amending Decision No 573/2007/EC, Decision No 575/2007/EC and Council Decision 2007/435/EC with a view to increasing the co-financing rate of the European Refugee Fund, the European Return Fund and the European Fund for the Integration of third country nationals as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability
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| Legal base | Articles 78(2), 79(2) and (4) TFEU; co-decision; QMV
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| Department | Home Office
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| Basis of consideration | Minister's letter of 21 January 2013
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| Previous Committee Report | HC 86-xvi (2012-13), chapter 2 (24 October 2012)
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| Discussion in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background and previous scrutiny
12.1 The purpose of the draft Decision, which is described
in our Sixteenth Report of 24 October 2012, is to enable certain
Member States experiencing liquidity problems as a result of the
economic and financial crisis to request an increase of up to
20% in the contribution made by the EU to projects which form
part of their national programmes for implementing the European
Refugee Fund, the European Return Fund, and the European Fund
for the Integration of third country nationals, with a consequent
reduction in their national contribution. The change proposed
would be budget neutral, since it would not affect the distribution
of Funds between Member States or the annual allocation of funding
for each Member State.
12.2 The draft Decision is subject to the UK's
Title V opt-in. Although the UK would not be a direct beneficiary
of the proposed increase in the EU co-financing rate, the Minister
for Policing and Criminal Justice (Damian Green) told us that
the UK had "a direct interest in ensuring that Member States
have access to the Funds intended to strengthen the EU's borders"
and that "the Government would be concerned if vulnerable
Member States could not access these Funds due to unaffordable
levels of co-financing".[59]
He accepted that an increase in the rate of EU co-financing could
result in the EU receiving less value, as the reduced contribution
from beneficiary Member States would mean that EU funds were spread
more thinly, but suggested that making it easier for Member States
such as Greece to use its full allocation of EU funding would
have wider benefits.
12.3 We expressed no objection in principle to
the change proposed by the Commission, but noted the absence of
any direct benefit for the UK. Whilst a decision to opt in might,
at best, serve as an expression of solidarity with the (as yet)
relatively small number of Member States eligible to request an
increased EU contribution, a decision not to opt in would not
affect their eligibility to do so. As, therefore, the factors
for and against exercising the UK's Title V opt-in appeared to
be finely balanced, we recommended that the Government's opt-in
decision should be debated in European Committee B. The debate
took place on 20 November 2012.
The Minister's letter of 21 January 2013
12.4 The Minister for Immigration (Mr Mark Harper)
informs us that the Government has decided to opt into the draft
Decision. He also provides further information on two issues
raised during the debate which we consider may be of wider interest
and reproduce here. The first concerns the number of illegal
immigrants apprehended in the UK who have entered the EU via the
Greek-Turkish border:
"It is very difficult to quantify the number
of illegal migrants caught in the UK who have used routing through
the Greek-Turkish border. However, there are indicators that many
have done so. The indicators come from information obtained through
targeted operations by individual Member States to measure intra-Schengen
movements; debriefing of migrants at the EU external border and
when arrested in the UK; and reporting from UK Border Agency.
Furthermore, prior to the suspension of Dublin Regulation returns
to Greece in September 2010, Greece provided the largest number
of UK returns under the Dublin system.
"The Greek-Turkish land border has historically
been the primary border crossing point used by illegal migrants
to enter the European Union. Some 55,000 illegal migrants crossed
the Greece-Turkey land border in 2011, accounting for an estimated
60-90% of all illegal migrants entering the EU. The figure fluctuates;
however in the period from April to June of this year, Frontex
reported the detection of 13,165 illegal migrants at the Greek-Turkish
land border. This figure represents 57% of the total number of
illegal migrants encountered at the EU external border. Since
August a dramatic reduction in illegal land border crossings has
been noted due to successful Greek operational activity, but this
has inevitably resulted in displacement to sea routes and to a
lesser extent to Bulgaria."
12.5 The second issue concerns the use that Greece
has made of four EU funds, referred to collectively as the SOLID
Funds, which form part of the General Programme on Solidarity
and Management of Migration Flows.
"Since the Funds were established, Greece has
used them to finance a variety of projects. Greece has made use
of the External Border Fund to:
- support the establishment of
its integrated border management system; and
- strengthen its controls on
land and maritime external borders through the purchase of equipment
and means of transport.
"Greece has used the European Refugee Fund to
finance:
- renovation of accommodation
facilities for asylum seekers;
- provision of legal advisory
services and legal aid to asylum seekers and persons granted internal
protection;
- interpreting and translation
services for the asylum authorities; and
social care and related advisory services for vulnerable
groups.
"Greece has used the European Return Fund to
finance various projects, including:
- facilitation of forced returns;
- creation of a pre-removal detention
centre;
- provision of services in detention
centres including healthcare and legal aid;
- provision of assisted voluntary
returns in conjunction with the International Organisation for
Migration (IOM);
- provision of training to the
Hellenic Police; and
- provision of better information
to detainees and provision of consular documentation.
"Finally Greece has made use of the Integration
of Third Country Nationals Fund to:
- introduce intercultural mediators
in hospitals; and
- facilitate communication between
immigrants and hospital staff, reduce cultural misunderstandings
and promote non-discriminatory access to public health services.
"From this information it is clear that the
Greek projects supported by the SOLID Funds address a number of
issues that are of critical importance for the effective management
of its border controls and its asylum and migration systems.
Responsibility for ensuring the quality, value and effectiveness
of individual projects supported by the SOLID Funds lies with
the Greek authorities."
Conclusion
12.6 We thank the Minister for informing us
of the Government's decision to opt into the draft Decision and
for the helpful information he has provided in response to issues
raised during the debate in European Committee. As, however,
the Government's opt-in decision was the principal reason for
recommending a debate, we are disappointed that the Minister's
letter does not explain the reasons for opting in. Instead, these
are set out in his Written Ministerial Statement of 25 January
2013 in the following terms:
"Practical cooperation and solidarity in
support of well-managed migration is a powerful tool for securing
British objectives in the wider EU sphere. This proposal is cost-neutral
to the UK and will not result in additional UK budget commitments.
It provides an opportunity to achieve British objectives while
not undermining the primary responsibility of affected Member
States to address weaknesses in their asylum and migration systems.
"The Government will continue to consider
the application of the UK's right to opt into forthcoming EU legislation
in the area of justice and home affairs on a case-by-case basis,
with a view to maximising our country's security, protecting civil
liberties, and enhancing our ability to control immigration."
12.7 We have no further issues to raise on
the substance of the draft Decision and clear it from scrutiny.
59 See para 29 of the Minister's Explanatory Memorandum. Back
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