91998E2832

WRITTEN QUESTION E-2832/98

by Niall Andrews (UPE) to the Commission

(28 September 1998)

Subject: Applications for asylum

Will the Commission state what common regulations each Member State has for the purpose of dealing with applications for asylum and what directives are current and common with the EU to regulate the flow of illegal immigrants into the EU?

Answer given by Mrs Gradin on behalf of the Commission

(13 November 1998)

Asylum and immigration matters are at present dealt with under Title VI of the Treaty on European Union, and form part of the third pillar. Article K.1 of the Treaty on European Union provides that asylum policy and immigration policy, including combating unauthorised immigration, residence and work by nationals of third countries on the territory of Member States, are matters of common interest. The legal instruments available under Article K.3 of the Treaty on European Union for addressing these issues include joint positions, joint actions and conventions, but not conventional Community instruments such as directives and regulations.

The position will change following the entry into force of the Treaty of Amsterdam, which transfers asylum and immigration matters into Community competence under new Title IV of the EC Treaty. New Article 63 of that Treaty will require the Council to adopt a range of measures in the field of asylum, and measures relating to illegal immigration and illegal residence, within five years of the entry into force of the EC Treaty of Amsterdam.

In the field of asylum, the only legally binding instrument which has been adopted at European level is the Convention determining the State responsible for examining applications for asylum lodged in one of the Member States(1), commonly known as the Dublin Convention. This Convention was signed in 1990, but it did not enter into force until 1 September 1997. Various implementing measures have also been adopted by the committee established under Article 18 of the Dublin Convention and published in the Official journal.

A number of non-binding instruments relating to asylum or to combating illegal immigration have been adopted by Ministers responsible for immigration or, since the entry into force of the Treaty on European Union, by the Council. The instruments adopted by the Council have also been published in the Official journal.

(1) OJ C 254, 19.8.1997.