(2004/C 78 E/0257)

WRITTEN QUESTION E-3304/03

by Claude Moraes (PSE) to the Commission

(10 November 2003)

Subject:   Monitoring racial and ethnic discrimination at border controls

Could the Commission please tell me whether there has been any discussion on border controls and the monitoring of racial and ethnic discrimination at border controls? If not, could the Commission initiate such a study?

Can the Commission tell me if the European Union Monitoring Centre has any remit to examine this issue?

There is much prima facie evidence that people of non-white racial or ethnic origin are stopped more often at border controls. I have been contacted by a constituent who has been stopped and treated unfairly at the airport in Tallinn. Does the Commission agree that this issue is particularly important with the enlargement of the European Union?

Answer given by Mr Vitorino on behalf of the Commission

(19 December 2003)

Until now, specific monitoring of racial and ethnic discrimination in the context of border controls has not taken place. The Commission deals with individual complaints concerning such alleged discrimination on a case by case basis.

Should it prove necessary, for instance due to an increase in the number of complaints, the Commission would certainly consider initiating a study to analyse the incidence of racial and ethnic discrimination in the context of border controls in the Union.

Studying this issue would clearly fall under the remit of the European Monitoring Centre on Racism and Xenophobia. Article 3 of Regulation (EC) No 1035/97 of 2 June 1997 (1) establishing this centre, expressly provides that free movement of persons is one of the fields in which the Centre shall collect information and data and conduct surveys and studies on phenomena of racism and xenophobia.

The Commission has received a number of complaints on incidents of alleged racial and ethnic discrimination in the context of border controls and has each time taken contact with the Member State involved to remind it that such discrimination is contrary to fundamental rights and that it is the Member States' responsibility to ensure that their officials do not behave in a racist way in the exercise of their functions and that they respect fundamental rights as protected by the Treaty on European Union as general principles of Community law, and as reaffirmed in the Charter of Fundamental Rights of the European Union.

The Commission believes that the respect of the prohibition of discrimination on the grounds of race and ethnic origin in the exercise of border controls is a very important issue for all Member States. It does not believe that enlargement will be cause for particular concern in this regard. The Commission will continue to monitor the situation in all Member States.

(1)  OJ L 151, 10.6.1997.