Informal JHA Council Meeting in
Copenhagen 13
September 2002
Discussion
of key elements for a future Repatriation/Return Programme on the basis of the
Commission Green Paper
The
European Council of Seville on 21 and 22 June 2002 reaffirmed the necessity to
fight effectively against illegal immigration as an essential part of a
comprehensive policy on immigration and asylum. The European Council of Laeken
on 14 and 15 December 2001 had already called for an action plan on illegal
immigration[1]. On the basis of the Commission’s
Communication on a common policy on illegal immigration of 15 November 2001[2] the JHA Council adopted on 28
February 2002 a comprehensive plan to combat illegal immigration and
trafficking of human beings in the European Union.[3] Herein it was emphasised that a
return and readmission policy is an integral and vital component in the fight
against illegal immigration. The Commission tabled on 10 April 2002 a Green
Paper on a Community Return Policy on Illegal Residents[4]. A first broad discussion on this
Green Paper among various stakeholders took place during a public hearing on 16
July 2002, which was hosted by the Commission.
The
informal JHA Council is now invited to discuss the elements of a future repatriation/return
programme as it was requested in no. 30 of the Seville Conclusions. Here it is
– inter alia – stated:
“(…) The European Council calls on
the Council and the Commission, within their respective spheres of
responsibility, to attach top priority to the following measures contained in
the plan: (…)
as regards expulsion and repatriation
policies, adoption by the end of the year, of the components of a repatriation
programme based on the Commission Green Paper; those components should include
the best possible facilities for early return to Afghanistan; (…)”
A
first, initial exchange of viewpoints on the future programme took place in the
Strategic Committee on Immigration, Frontiers and Asylum (SCIFA) on 23 July
2002.
Expulsion
of third country nationals, who are not legally residing in the Member States,
is one of the major challenges the European Union is facing today.
In
many cases Member States are lacking the tools to effectively implement
negative decisions regarding applications for residence permits, particularly
in the area of asylum law.
To
give an adequate illustration of the kind of challenge expulsion poses one
needs only to mention the multitude of problems Member States were faced with
in the past when trying to return rejected asylum seekers to the Federal Republic
of Yugoslavia.
The
purpose of this paper is to list a number of key elements for a general repatriation/return
programme based on the Commission's Green Paper. The discussion of the
Ministers will serve to provide input for the Commission to draw up a Communication
on the topic as soon as possible after the informal JHA Ministerial meeting,
cf. the Road Map of the Presidency for the follow-up to the Conclusions of the
European Council in Seville. The Danish Presidency will then on the basis of
the Commission Communication draft a repatriation/return programme to be
adopted in accordance with the Seville Conclusions by the end of the year (JAI
Council in November 2002).
It
is considered that a return programme constitutes an integral part of a
comprehensive Community immigration and asylum policy, which is necessary to
safeguard the credibility and the integrity of the whole system. An effective
return programme for illegal residents is important to ensure continued support
from the European citizens to the concept of international protection of
refugees and other persons in need of protection. At the same time the
establishment of such a return programme and the implementation of decisions on
return must of course be performed in full respect of international obligations and human rights.
The Seville Conclusions stress the vital importance
of co-operation with countries of origin and transit on return and readmission,
and intensification of co-operation with relevant countries should therefore be
progressed. In this regard the ongoing negotiations with third countries on
readmission play an important role.
With
regard to the more specific elements of a future repatriation/return programme
the Danish Presidency considers that it would be convenient for the Ministers
to exchange viewpoints on the following key issues:
1.
Which categories of persons should be covered by a Repatriation/Return Programme?
In no. 30 of the Seville Conclusions the European
Council calls for the Council and the Commission to give priority to expulsion and repatriation policies, including adoption by the end of
the year, of the components of a repatriation programme based on the Commission
Green Paper; those components should include the best possible facilities for
early return to Afghanistan.
The Commission Green Paper focuses mainly on return
of illegal residents, cf. page 3:
"Due to the very complex and
sensitive nature of return issues this paper only intends to open a discussion
on the return of illegal residents and should not be seen as an effort to cover
all dimensions connected with the return of third-country nationals."
The Danish Presidency invites the Ministers to
express their views on which of the following categories of persons should be
covered by the future repatriation/return programme:
· Persons who do not, or who no
longer, fulfil the conditions for entry to, presence in, or residence on the
territories of the Member States of the European Union. In consideration of the
credibility and integrity of the asylum system a particularly important
category in this respect are the rejected asylum seekers.
· Persons who have obtained residence
permit on the basis of a need for protection according to the Geneva Convention
or other forms of protection, and who wish to return voluntarily.
· Persons otherwise residing legally
and who wish to return voluntarily.
2.
Which elements could the operative part of the Repatriation/Return Programme
include?
On 23
July 2002 the Strategic Committee on Immigration, Frontiers and Asylum (SCIFA)
stressed that it is important that the future programme focus on issues specifically
related to the practical/operational return and repatriation phase. Improved
operational co-operation on both forced and voluntary return can contribute to
solve a number of practical problems, including the lack of identification and
travel documents, which is often the obstacle for smooth return. The operative
part of the repatriation/return programme could include the following elements:
-
Improved
exchange of information and experiences among other things on identification
and obtainment of travel documents,
-
Common
definitions of terms used in the field of return with a view to facilitating
co-operation and exchange of information,
-
Networking of authorities and regular meetings amongst practitioners,
-
Development
of best practices on return,
-
Improved
co-operation between representations and liaison officers of the Member States
in relevant third countries.
-
Establishment
of common guidelines on:
· Escorts and other assistance with
regard to transit.
· Standard security measures with
regard to return operations, including possible joint operations (e.g. risk
evaluation of the returnee and use of enforcement measures).
· Training programmes on e.g. escorts
and security measures for persons responsible for return.
· Readmission
and transit rules among Member States.
The
Danish Presidency invites the Ministers to express their views on the need for
the above-mentioned elements and whether additional elements should be
contained in a future programme with the aim of improving the operational
co-operation between Member States.
3. Could other common standards be
envisaged in the future Repatriation/Return Programme?
On
page 11 ff. in its Green Paper the Commission proposes and promotes the establishment
of common standards relating to all phases of return, including common
standards on ending of legal and illegal residence, detention pending
removal and mutual recognition of return decisions.
Once
improved practical co-operation between Member States has been established, the
need for an introduction of such common standards in the medium or long-term
perspective may be assessed.
The
Danish Presidency invites Ministers - if possible already at this stage - to comment
on the proposals for common standards raised in the Commission Green Paper and
to give priority to one or more of these areas with the aim of approximation in
a medium or long term perspective, depending on the experience that will be
gathered from an improved practical co-operation between Member States.
4. Which
elements should concrete return programmes include?
Further the
Precidency invites Ministers to express their views on which elements should be
included in country specific return programmes in general.
Such elements could include:
- A
common European demarche towards the authorities of the country of origin.
- Setting
up of lists of contact points of relevant competent authorities in Member
States.
- Possibility
of co-operation between Member States on carrying out returns (e.g. joint
flights).
- Establishing
a financial Community instrument for the purposes of return.
- Establishing
common criteria concerning which categories of persons, that could be covered
by a return programme.
Given
the fact that the European Council in Seville attached special priority to a programme
regarding early return to Afghanistan, Ministers are invited to express their
views on which elements should be included in a specific return programme facilitating
early return to Afghanistan.
The
European Refugee Fund only covers expenses with regard to return of persons
enjoying international protection. This excludes the important category of
rejected asylum seekers as well as persons otherwise residing legally in the
Member States.
A
new financial instrument could thus be envisaged, covering expenses for return
activities not already covered by the European Refugee Fund, including expenses
for e.g. transport, escort, issuance of travel documents etc. occuring in
connection with the return of rejected asylum seekers as well as persons
otherwise residing legally in the Member States.
The
Danish Presidency invites the Ministers to express their viewpoints on whether
the future repatriation/return programme should include the possibility of
establishing such a new financial instrument for return activities. In this
regard elements for specific country programmes could be envisaged.