92001E2946

WRITTEN QUESTION P-2946/01

by Charles Tannock (PPE-DE) to the Council

(19 October 2001)

Subject: Common immigration policies in the light of the terrorist attacks in the US

In the light of the widespread abuse of asylum provisions in the European Union in recent years, the need to preserve public support for the principle of asylum for genuine refugees and the fact that in the light of the recent attacks in the US it is ever more vital to ensure that only those who have legal entitlement are resident in Europe, does the Council accept that one of the principal reasons why human traffickers continue to find it profitable to ply their trade and why there are so many people living clandestinely (including many people who had had asylum claims refused in the courts and then disappeared into the community) within the European Union is that there is a failure of political will in Europe to apply the law and remove those who are not entitled to enter or remain within the borders of Member States?

If so, does the Council believe it is essential that the new common policy on immigration being developed should at the very minimum ensure that:

- a list is drawn up by the Council of States which do not practice state persecution;

- Member States agree a common definition of asylum, streamline appeals procedures and set in place mechanisms for the removal of those whose applications are judged unfounded which are respected by other Member States;

- economic and political pressure is brought to bear by the Union on states which refuse to accept back their nationals on the grounds that they do not have the necessary documents, and criminal sanctions be introduced for those whose asylum applications are judged unfounded or who are otherwise required to leave a Member State if they refuse to cooperation with the lawful authorities in identifying and establishing their countries of origin;

- no Member State has laws preventing removal of non-EU citizens not given political refugee status?

Does the Council also believe that it is in the interests of the Union to show flexibility regarding the legal basis for any common proposals in the spirit of enhanced cooperation so that states such as the UK which have not transferred competence for immigration control to the European Union are free to agree to any measures intergovernmentally in a spirit of European cooperation to the benefit of the Union as a whole?

Reply

(14 February 2002)

Under the mandate in Article 63 of the EC Treaty, the Council pursues its legislative programme with a view to adopting common rules on asylum, refugees and displaced persons, and immigration policy.

In this context most of the measures envisaged by the Honourable Member are currently being studied within the Council bodies on the basis of Commission proposals and Opinions of the European Parliament, in particular the proposal relating to minimum standards on procedures for granting and withdrawing refugee status COM(2000) 578 final.

It should be noted that the United Kingdom, pursuant to the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community, has announced its wish to take part in the adoption and application of the Directive in question.