on policy priorities in the fight against illegal immigration of third-country nationals

(2006/2250(INI))

The European Parliament,

- having regard to the Commission communication on policy priorities in the fight against illegal immigration of third-country nationals (COM(2006)0402),

- having regard to the Commission communication on the policy plan on legal immigration (COM(2005)0669), and to its resolution of .. September 2007⁽¹⁾ on that subject,

- having regard to the opinion of the Committee of the Regions of 26 February 2007 on 'Policy plan on legal migration, Fight against illegal immigration, Future of the European migration network' (CdR 233/2006 fin),

- having regard to the Council Presidency's conclusions of 4 and 5 November 2004 and the Hague Programme included therein⁽²⁾,

- having regard to the communication from the Commission to the Council and Parliament 'The Global Approach to Migration one year on: Towards a comprehensive European migration policy' (COM(2006)0735),

- having regard to the conclusions of the European Council of 15 and 16 December 2005 on the 'Global Approach to Migration: priority actions focussing on Africa and the Mediterranean', as reiterated in the Presidency's conclusions following the European Council of 14 and 15 December 2006,

���   having regard to the conclusions of the European Council of 21 and 22 June 2007 and the mandate of the IGC in the area of justice and home affairs,

- having regard to its resolution of 9 June 2005 on the link between legal and illegal migration and the integration of immigrants⁽³⁾,

- having regard to its resolution of 28 September 2006 on the EU common immigration policy⁽⁴⁾, in which Parliament regretted the fact that 'seven years after the adoption of the Tampere programme, the European Union does not have a coherent immigration policy',

- having regard to its resolution of 15 February 2007 on refugees from Iraq⁽⁵⁾,

- having regard to Council Decision 2006/688/EC of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States' measures in the areas of asylum and immigration⁽⁶⁾,

- having regard to Regulation No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection⁽⁷⁾,

- having regard to the outcome of the EU-Africa ministerial conference on migration and development held in Rabat on 10 and 11 July 2006,

- having regard to the joint Africa-EU declaration on migration and development, adopted at the EU-Africa ministerial conference held in Tripoli on 22 and 23 November 2006,

- having regard to the action plan against trafficking in people adopted by the Council on 1 and 2 December 2005,

���   having regard to its recommendation to the Council of 16 November 2006⁽⁸⁾ calling for a new EU strategy to fight trafficking in human beings,

- having regard to the Commission communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 'Applying the Global Approach to Migration to the Eastern and South-Eastern Regions Neighbouring the European Union' (COM(2007)0247),

- having regard to the Commission communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on circular migration and mobility partnerships between the European Union and third countries (COM(2007)0248),

- having regard to the proposal for a directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third-country nationals (COM(2007)0249 - C6-0143/2007 - 2007/0094(COD)),

- having regard to Regulation No 863/2007 of the European Parliament and of the Council of 11 July 2007 establishing a mechanism for the creation of Rapid Border Intervention Teams⁽⁹⁾,

- having regard to the Treaty of Amsterdam and its conferral on the Community of powers and responsibilities in the areas of' immigration and asylum, and to Article 63 of the EC Treaty,

- having regard to Rule 45 of its Rules of Procedure,

- having regard to the report of Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs and the Committee on Development (A6-0323/2007),

A. whereas migration is a global phenomenon increasing in pace which therefore also affects the European Union,

B.   whereas the number of third-country nationals in an irregular situation in the EU appears to be, according to somewhat conflicting estimates, between 4.5 m and 8 m; whereas the statistical data available need to be improved in terms of quality and consistency,

C.  whereas many people in an irregular situation originally enter the European Union legally, but then cease to fulfil their entry- conditions;

D.  whereas the extent of migratory movements is now such that Member States lack the capacity to manage them individually, and a global and coherent approach to immigration at European level is therefore required; whereas the lack of a suitable response to the arrival of irregular immigrants at the Union's borders points up both the low degree of solidarity among Member States and the failure to coordinate policy despite the existing declarations and commitments,

E.   whereas a common EU immigration policy requires that Member States abide by the principles of solidarity, shared responsibility, mutual trust and transparency,

F.   whereas immigration policy needs to be global and must take account of a whole range of aspects, especially: the fight against clandestine immigration and human trafficking , the need to improve and coordinate legal immigration channels, the causes of emigration from third countries (push-factors such as underdevelopment, poverty, wars, dictatorships, failing state institutions, the consequences of climate change and environmental disasters, etc), the factors of attraction to the Union (pull-factors such as standard of living, democracy, peace, job opportunities including irregular employment, etc); the Member States' demographic and economic needs; the coherence of the measures taken at local, national and European level; issues of integration and cultural mixing; respect for fundamental rights, especially the right to asylum and non-refoulement; and the fight against racism and xenophobia,

G.  whereas the fight against trafficking in people constitutes a priority for the Union, in particular with a view to combating trafficking in the most vulnerable groups such as women and children and to dismantling the rings and mafias which benefit from it,

H.  whereas many people in an irregular situation originally enter the European Union legally, but then cease to fulfil their entry- conditions;

I.   whereas illegal and legal immigration are closely interrelated and the fight against illegal immigration is vital for the establishment of a policy for legal immigration,

J.    whereas extending opportunities for legal immigration would reduce the number of illegal entries and hence the large number of illegal residents;

K.  whereas the reluctance of some governments to recognise the extent of the need of a migrant workforce, can place employers in a difficult situation, when trying to fulfil business needs within legal requirements concerning documentation,

L.   whereas the cooperation of the EU and its Member States with the third countries of origin and transit is vital, and an effective and practical policy of co-development must be put in place with a view to addressing at an early stage in third countries the root causes of immigration,

M.  whereas both the causes of immigration and its positive aspects (notably its impact on the economy and demography and in the cultural enrichment of our societies) tend to be absent from the public debate, which focuses largely on its difficulties and problems,

N.  whereas within a few decades immigration has become a central issue of public debate throughout the European Union, a politically highly sensitive issue which can easily be exploited for demagogic and populist purposes, and whereas politicians and media representatives should be aware of the importance of using a correct discourse on this issue;

General approach

1.   Welcomes the Commission's approach, which will play a key role in stimulating more coherent and effective action by Member States;

2.   Welcomes the initiative on 'Applying the Global Approach to Migration to the Eastern and South-Eastern Regions Neighbouring the European Union' (COM(2007)0247); calls on the Member States and the Commission to ensure that sufficient human and financial resources are allocated for the proper implementation of the comprehensive approach to migration;

3.   Welcomes the institutional implications of the draft Reform Treaty, as set by the IGC mandate, in particular the extension of codecision and qualified majority voting to all immigration policies, the clarifications of the EU competences on visas and border controls, the extension of the EU competence on asylum as well as the extension of the EU competence in respect of legal and illegal immigration;

4.   Believes it essential to collect and harmonise statistical data on migration; calls on the Member States and the Commission, together with Eurostat, to take steps to correct the existing lack of coherent and reliable data, in liaison with the European Migration Network (EMN) and with international organisations such as the OECD; welcomes the adoption of the European Parliament and Council Regulation (EC) n�862/2007; calls on all the Member States to produce statistics that are consistent with the harmonised definitions and to provide all the required information for the interpretation of the statistics produced;

5.   Believes that immigration is a challenge at European level and global level and must be responded to on the same levels; considers that the Union as a whole must equip itself with the means of seizing the threefold opportunity - economic, demographic and social - which immigration could represent (delete) for our societies;

6.   Considers it inappropriate to take hasty action to deal with migration flows, given that there has been a constant flow of immigrants for some years now, which therefore requires a medium- and long-term approach;

7.   Believes that, as part of its immigration policy, the Union must carry out coherent actions both within and outside its borders (the double dimension, internal and external);

8.   Emphasises that conflicts in the whole world with an international dimension trigger migrants� influxes;

9.   Expects that the Commission will submit a study of the impact of climate change on migration, in liaison with the UN;

10. Stresses that the responsibility of transporters and the authorities of the countries of origin, as well as the strengthening of the legal framework to fight trafficking rings, combating illegal employment and trafficking in people, and exposing administrative corruption, form an essential part of the fight against illegal immigration, which needs also to based on an advanced level of police and judicial cooperation;

11. Stresses the importance of development cooperation as a means of acting on the root causes of migration, and as an instrument that is not an alternative to but complementary to the Union's policies on integration and migration;

12. Recalls that the EU's Mediterranean neighbours and eastern neighbours in particular receive the majority of immigrants originally en route to Europe; considers it crucial to ensure that the fundamental human rights of those immigrants are respected, with special attention being paid to the rights of unaccompanied minors; stresses the need for the EU to strengthen its cooperation with all Mediterranean partner countries as regards the management of migration flows, and to provide them with support in combating illegal immigration; points out the importance of strengthening links between North- and sub-Saharan African countries and with the Asian countries of origin;

13. Stresses that irregular migrants must not be treated like criminals; recalls that many of them risk their lives seeking freedom or the means of subsistence in Europe; considers that it is the politicians' responsibility to implement a coherent and effective policy to fight illegal immigration, whilst taking into account the safeguards and the fundamental rights of the individual, while at the same time reminding the public of the contribution made by legal immigration to economic growth and demographic patterns in Europe;

14. Stresses that all measures to fight clandestine immigration and step up external border controls must be consistent with the existing guarantees and the fundamental rights of individuals, in line with the Charter of Fundamental Rights of the European Union and the European Convention on the Protection of Human Rights and Fundamental Freedoms, especially with regard to the right to asylum and the right of non-refoulement;

15. Emphasises that the temporary reception centres for irregular migrants both within and outside the Union must be run on a basis compatible with the protection of fundamental rights for which best practices regarding in particular, accommodation, schooling and access to healthcare, financial means and rules of law must be exchanged between all levels and organisations involved such as local and national authorities, European institutions and NGOs;

16. Is shocked by the inhumane conditions prevailing in various detention centres for migrants and asylum seekers visited by its Committee on Civil Liberties;

17. Reiterates its firm opposition to the idea of setting up reception or holding centres for illegal immigrants or asylum seekers outside the Union's borders and in immigrants' regions of origin;

18. Takes note of the Commission���s review of Regulation 343/2003 ('Dublin II'); recalls the need for a revision of this Regulation and that this review should also address the regulation���s basic principle, that is, that the Member State responsible for handling an asylum application is the country of first entry, given that this places a disproportionate and unsustainable burden on some Member States;

19. Stresses the need for specific precautions regarding women and children, especially unaccompanied minors, and people with disabilities, who require aid and adapted protection measures, notably in the case of return measures;

20. Calls on the Member States to include in their respective migration policies a high level of health protection of immigrants by providing preventive care and medical treatment;

21. Calls for closer cooperation among regional and local authorities and social partners with a view to exchanging best practices regarding, in particular, accommodation, schooling and access to healthcare;

22. Stresses the need to pay greater attention to the language used to describe illegal immigration, in order to improve perceptions in society; believes an effort must be made in education and in the information offered by the media to transmit such basic values of the Union as tolerance, solidarity, mutual respect and the need to fight discrimination and xenophobia;

Commission's priorities

Cooperation with third countries

23. Believes that the multidimensional character of immigration calls for close cooperation with all the third countries concerned; considers that the Rabat and Tripoli ministerial conferences in 2006 and the UN Global Migration Forum celebrated in Brussels in July 2007 (at which Parliament was represented) marked the start of the dialogue which is needed between the countries of origin and transit and the European countries receiving immigration, and that this dialogue must lay the bases of a full-scale partnership grounded in co-development; believes that, with regard to illegal immigration, it must aim to introduce readmission agreements or improve the workings of such agreements;

24. Notes, as an example of good practice, the fact that certain Member States have signed cooperation agreements on immigration with various African countries, identifying the link between migration and development; encourages the Member States and the Commission to step up cooperation and continue to develop programmes of this nature;

25. Calls on the Commission and the Council to pursue the development of the Regional Protection Programmes in cooperation with countries of origin and transit, and to inform Parliament of the experience gained with the pilot projects implemented so far; welcomes the launching of an EU Programme on Migration and Development in Africa of an initial amount of EUR 40 million, with the objective of creating new jobs in Africa, and asks the Commission to provide more information on practical modalities; applauds, in this context, the signing of the cooperation agreement with Mali by the Commission, with the support of Spain and France, with a view to the opening of the first Migration Information and Management Centre, to be created with funding from that Programme;

26. Calls on the Commission to take all appropriate measures to expand the sources of information which are available in countries of origin on the possibilities of, and conditions attaching to, legal immigration into the EU;

27. Calls on the Union, the ACP governments and governments of other countries of origin to implement and apply policies aimed at maximising the positive impact of remittances by ensuring that they pass through official transfer systems, thereby making them more substantial, swifter, less expensive to carry out and better channelled; takes the view that it is important to involve immigrants in the development of their countries of origin;

28. Calls on the Commission to explore suitable means of supporting and developing the use of microcredit;

29. Calls on the Union to pursue a coherent external policy, especially in terms of the compatibility and convergence of the objectives of the common commercial policy and development policy; an "EU �Development Plan for Africa'" should be considered, where financial support and trade agreements are linked to democracy, human rights� development and migration so as to offer an alternative to people to leaving their country of origin;

30. Calls for questions concerning illegal immigration to have priority in the European Union���s relations with third countries, especially the countries of origin and/or transit of illegal immigrants;

31. Calls on the Commission to submit an annual state-of-play report to Parliament on the funds used for the fight against illegal immigration and on the legislation in force, its implementation by the Member States and the legislation in preparation;

32. Recalls that particular stress should be laid on implementing Article 13 of the Cotonou Agreement, as regards both readmission and strengthening the dialogue procedures under the agreement; stresses the need to support capacity-building in the countries of origin and transit for the management of immigration, with a view to reinforcing the institutions and means available for its control (public administration and legal framework, training, border alert teams, anti-trafficking security corps, etc); points out that every ACP State is required to agree to the return and readmission of its own nationals illegally present on the territory of a European Union Member State, at the latter's request; Recalls that the countries of origin and transit must assume their responsibilities and fulfil their obligations to control illegal immigration, and that information campaigns are needed on the risks involved, the EU Member States' policies on return, and the agreements existing on legal immigration and the opportunities they offer;

33. Takes the view that the granting of aid requested from the European Union by third countries with a view to combating networks of illegal immigrant smugglers active on their own territory should be made contingent on collaboration by those countries and the efforts they make in this area;

Security and integrated management of the external borders

34. Stresses the importance of border controls in the fight against illegal immigration; reaffirms that border controls must be operated in a spirit of sharing of responsibilities and solidarity between Member States and with detainees being held in acceptable conditions and on a basis of full respect for the law on asylum and international protection, including among other aspects the principle of and non-refoulement;

35. Believes that FRONTEX must have the resources that are necessary for its actions as is stressed in Article 7 of Regulation (EC) No 2007/2004 (management of the technical team); deeply regrets the fact that some Member States have failed to honour their undertakings to provide logistic and human support for its operations; considers that the Centralised Record of Available Technical Equipment (CRATE) or the so-called ���toolbox��� can only be meaningful if Member States fulfil their pledges with respect to technical equipment; encourages FRONTEX to conclude working agreements with the ENP and other third countries;

36. Welcomes the adoption of the European Parliament and Council regulation establishing a mechanism for the creation of Rapid Border Intervention Teams on the basis of the principle of solidarity between Member States; notes that the RABITs legislative initiative has, for the first time, made solidarity in the area of immigration compulsory, rather than merely optional; calls on the Commission to propose a new legislative proposal to the effect that, likewise, the principle of solidarity becomes compulsory with respect to pledges made by Member States to the CRATE; recalls that each Member State is to ensure the presence of a reserve of qualified personnel and therefore calls on the Member States to allow for the creation of genuine European rapid border intervention teams;

37. Calls on the Member States to set up permanent joint monitoring patrols, operating throughout the year and coordinated by FRONTEX, in all high-risk areas and especially at the sea borders;

38. Calls on the Council to take action for the swift establishment of the European patrol network and the implementation of the European monitoring system for the southern sea borders;

39. Considers that steps should be taken to incorporate into the mandate of FRONTEX and rapid intervention teams at the EU's sea borders operations to rescue migrants and asylum seekers who are in emergency situations where their lives are at risk;

40. Reminds all Member States and third countries to respect international law and international obligations relating to search and rescue of persons at sea; Considers that Member States are jointly responsible for saving lives at sea; takes note of the proposal made by Malta in the JHA Council for an agreement among EU Member States by which illegal immigrants saved at sea by EU registered vessels in the search and rescue region of a non-EU state which is refusing to assume its responsibilities would be shared between EU Member States on a strictly proportional basis and according to a pre-accepted system;

41. Considers that, in the face of the migratory flow from the African continent towards Europe, Southern Member States on the external frontiers of the Union, notably smaller Member States, such as Malta and Cyprus, are currently shouldered with a disproportionate burden which calls for the strengthening of measures for the joint management of the Union���s external borders;

42. Asks the Commission to increase, in the framework of the ENP, concrete measures aimed at providing technical and financial support to neighbouring countries as concerns both the securing of their borders with the EU and their other borders;

43. Recommends the use of technology in border controls, systematic recourse to the Visa Information System, and future implementation of a system for the automated registration of arrivals and departures;

Security of travel and identity documents

44. Stresses the need to promote the issue of secure identity documents in the countries of origin in order to facilitate the identification of illegal immigrants entering Union territory;

45. Welcomes the agreement reached by Parliament and the Council on the Visa Information System, which will facilitate the effective implementation of the Community visa policy and should help reinforce the fight against illegal immigration;

46. Recalls that the development of biometric tools to reinforce document security and authenticity, which is essential to combat fraud, illegal immigration and trafficking in people, makes border crossing easier for bona fide travellers and that it must take place on a basis of respect for data protection pursuant to Directive 95/46/EC for activities falling under the first pillar; for those covered by the third pillar, awaits the adoption of a specific framework decision, and in this context supports the action of the German Presidency;

47. Reiterates that without suitable data protection measures consideration cannot be given to introducing automated checks on persons entering and leaving Union territory; takes the view that such a system would facilitate verification of the status of third-country nationals entering European Union territory and would improve the Member States' ability to check whether a third-country national has outstayed his or her authorised period of residence;

The fight against trafficking in people

48. Is convinced that particular attention must be paid to the fight against trafficking in people and those who are victims of such trafficking, especially vulnerable persons, women and children, with action against traffickers becoming one of the Union's priorities; welcomes the Commission's action plan on the matter, and stresses that this plan should take account of the need to cooperate with the countries of origin and transit;

49. Points out that combating trafficking in human beings, particularly trafficking in women and children, is an EU priority, making it necessary to allocate adequate financial resources to that activity;

50. Recalls that it is high time to establish clear and concrete targets, for example that of halving the number of victims of trafficking in people in the next ten-year period; considers, nonetheless, that the overriding goal must of course be to eliminate this form of crime entirely as soon as possible;

51. Is aware that numerous women who are victims of trafficking are living in the Union as irregular immigrants, in most cases with no access to legal or social protection; calls on the Member States to take into account these people's situation and, in conformity with their national law, improve their situation or assist them in returning home;

52  Stresses that these actions must avoid the victims of trafficking in people being targeted or having their interests damaged;

53  Recalls that illegal immigration involves the transfer of large amounts of money into the hands of the mafias who control the human trafficking rings and promote corruption, fraud and the exploitation of immigrant labour, and that this is an obstacle in the fight against illegal immigration;

54  Expresses deep shock at the sheer organisation of criminal networks responsible for boat crossings from Africa to Europe and at Europe���s inability to stop them; boats crossing to Europe are of the same size, usually laden with thirty people, of the same colour, powered by the same engine and supplied with food, drink and other provisions which are of the same make and brand, all factors which amply demonstrate how criminality has so far proved more effective than common European action; is convinced that this cynical network is responsible for the death of hundreds of people whose lives are lost at sea; calls on the Commission and Council to redouble their efforts in the fight against human trafficking;

55. Calls on the institutions, the Member States and Europol to mobilise to implement the medium-term action programme against trafficking in people, targeting it on traffickers, 'people smugglers' and mafias;

56  Takes into consideration Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities , the EU Plan on best practices, standards and procedures for combating and preventing trafficking in human beings adopted in December 2005 and welcomes the Joint Africa-EU declaration of the EU - Africa Ministerial Conference on Migration and Development hosted by Libya on 22-23 November 2006;

57  Recalls the important contribution by the Experts Group on Trafficking in Human Beings, set up in 2003 by the Commission, in terms of monitoring and policy recommendations and expects it to be continued;

The regularisation issue

58. Recalls that numerous Member States have carried out regularisations or said they will do so, and that these decisions are, in the present state of law, a matter for the discretion of the Member States but quite often a signal of lack of appropriate measures in place to deal with a phenomenon which forms a part of societies in most Member States and believes that en masse regularisation of illegal immigrants should be a one-off event since such a measure does not resolve the real underlying problems;

59. Is aware that changes to immigration policy in a Member State can influence migratory movements and trends in others; believes that, pursuant to the principles of loyal cooperation and mutual solidarity, Member States should operate a mutual information system (for national measures on migration and asylum that are liable to affect other Member States or the Community), and notes that such a system has begun to come into operation in 2007, as evidenced at the most recent JHA Councils, for the exchange of information and experience on best practice;

Combating a key factor of attraction: illegal employment

60. Welcomes the Commission's submission of a proposal for a directive providing for sanctions against employers of illegally staying third-country nationals (COM(2007)0249), providing essentially for administrative penalties, exclusion from public contracts, and, for the worst offences, criminal penalties;

61. Calls on the Union and the Member States to take firm steps to combat the illegal employment of immigrants, activating a range of penalties on employers, stepping up workplace inspections on the basis of the human and material resources needed to fight illegal recruitment, and promoting measures to protect immigrants;

62. Stresses that measures against illegal employment incorporate not only an economic and a social, but also a psychological dimension: by eliminating some of the factors which make Europe attractive (possibility of finding work, even if only under conditions flagrantly at odds with fundamental rights) they seek to reduce the incentive to emigrate to the EU and also help cut back the black economy;

63. Believes that the adoption of measures against illegal employment has come late in the day, even though it is one of the main factors of attraction for illegal immigrants and a catalyst for exploitation;

64. Urges the different Councils competent in the matter to redouble their coordination efforts in the discussion of this directive;

65. Calls on the Member States to rigorously apply their national legal provisions concerning undeclared work, that will soon have to be in line with the future Directive;

66. Considers that Member States must make efforts to investigate illegal employment, specially in the sectors where immigrants are employed; calls upon the Commission and Member States to tackle this exploitation vigorously; notes that one element in this work could be information campaigns aimed at employers and employees to draw attention to the adverse impact which clandestine employment can have on national social insurance systems, public finances, fair competition, economic results and employees themselves; recalls the importance of including representatives of the two sides of industry in such a process;

Policy on return

67. Recalls the responsibility of the countries of origin and transit concerning readmission, and believes there should be a Europe-wide policy on return that combines effectiveness with respect for the dignity and physical integrity of the individual, pursuant to the European Convention on Human Rights and the Geneva Convention;

68. Calls for the adoption during the Portuguese presidency of the proposal for a directive on return, and for the definition at European level of the rules and conditions that should govern policy on return; stresses the importance of an effective return policy as one of the factors liable to deter illegal immigration;

69. Calls on the Commission to undertake an evaluation of policy on return (effectiveness of the agreements in force of all Member States, analysis of the causes of delays in the negotiations regarding partnership agreements with third countries concerned, practices in countries of origin and transit, practical implementation of readmission agreements, including their compatibility with fundamental rights, etc);

70. Calls on the Council and Commission, regarding the readmission of irregular immigrants, to develop European agreements with the third countries concerned;

Improving the exchange of information using the existing instruments

71. Calls on all the players concerned to step up their exchanges of information, including, whenever necessary, FRONTEX and Europol; believes that cooperation between immigration liaison officers should be a priority; considers that Parliament should be kept regularly informed on the development and results of the ICONet network;

Transporters' responsibilities

72. Believes it is necessary to evaluate the measures taken in this area, and, in particular, the implementation of Directive 2001/51/ECof 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985⁽¹⁰⁾ and the forum, set up in 2001, of representatives of the Member States, the transport sector and humanitarian organisations;

* *

73. Invites the Commission and Council to take part in an annual debate before Parliament on the Union's immigration policy; calls on the Commission to present, on that occasion, a comprehensive report on developments in immigration in Europe, including full statistical data;

74. Calls on its competent committee to engage in close and regular dialogue with the committees on immigration of the national parliaments, and to continue its cooperation with the Committee on Migration, Refugees and Population of the Parliamentary Assembly of the Council of Europe;

75. Instructs its President to forward this resolution to the Council, the Commission, the Governments and Parliaments of the Member States, the UN High Commissioner for Refugees and the International Organisation for Migration.

(1) P6_TA-PROV(2007)0xxx. (2) European Council conclusions, Annex I, point III (3) OJ C 124 E, 25.5.2006, p. 535. (4) Texts adopted, P6_TA(2006)0386. (5) Texts adopted, P6_TA(2007)0056. (6) OJ L 283, 14.10.2006, p. 40. (7) OJ L 199, 31.7.2007, p. 23. (8) Texts adopted, P6_TA(2006)0498. (9) OJ L 191 , 31.7.2007, p. 30. (10) OJ L 187, 10.7.2001, p. 45.

But he cut me off and asked me what kind of other life I wanted. Then I cried to him: 'A life where I could remember this one'.

Albert Camus, The Outsider

Thousands of clandestine migrants will never remember either their life at home or the better life they aspired to. They were drowned before reaching Europe's soil. Their deaths, whose images incessantly reach our homes, month after month, certainly represent the most visible and dramatic face of clandestine immigration, reminding us that the Union needs to act fast indeed: its credibility and legitimacy are at stake.

Other immigrants succeed in crossing the Union's air, sea or land frontiers by their own efforts. Others again fall victim to mafia networks and enter our societies' black economy, accepting inhumane working conditions and outrageously low wages and deprived of all rights.

Handling and combating these clandestine migratory movements is certainly the most delicate aspect of the common global immigration policy which the Union has to develop.

Clandestine immigration is a challenge that raises major political, economic, demographic and social issues and poses the Union with a test of its capacity to carry out coherent actions both within and outside its borders.

The different aspects of this fight against clandestine immigration pose numerous questions to which the Commission, in its communication on policy priorities in the fight against illegal immigration of third-country nationals, proposes a number of responses and measures which form the subject of the present own-initiative report.

Parliament has recalled the need for a global immigration strategy covering a considerable range of aspects, as mentioned in the motion for a resolution above.

The conclusions of the Finnish presidency following the European Council of 14-15 December 2006 represent an attempt to respond to this concern, bringing together the diverse elements of a global European policy on migration, to be translated in 2007 into measures concerning: international cooperation and dialogue with third countries; cooperation between Member States in the fight against illegal immigration; managing the Union's borders; legal migration; integration of legal immigrants; introduction by the end of 2010 of common European rules on asylum; and an adequate level of funding.

The decision-making procedures are at this stage still different for illegal immigration (codecision and QMV since the activation of the passerelle under Article 67 of the EC Treaty on 1 January 2005) and legal immigration (still largely a matter for the Member States). Parliament has several times expressed its position in favour of an extension of codecision, since this would make for a more consistent immigration policy. The resolution adopted by Parliament on 7 June 2007 on the roadmap for the European Union's constitutional process (on the basis of the report by Mr Bar��n Crespo and Mr Brok for the Committee on Constitutional Affairs) again underlined the need for the Union to have the powers enabling it to pursue a consistent policy on migration.

The interaction between legal and illegal immigration are particularly numerous. A restrictive legal immigration policy can end up encouraging clandestine immigration, while the latter, exploited by rings of 'people smugglers' and traffickers, follows routes to Europe which vary over time depending on Member States' policies.

Assessment of the content of the Commission communication

Taking into account the lessons of the hearing of 30 January 2007, current trends and the measures envisaged or adopted over the first half of the year, your rapporteur now submits a number of comments on the priorities set out in the Commission communication, with a view to complementing the working document submitted to the hearing.

- Cooperation with third countries 

The multidimensional nature of immigration means, among other things, that close cooperation is needed with all the third countries involved.

The ministerial conferences held in 2006 in Rabat and Tripoli (at which Parliament was represented, respectively, by Mr Cavada and your rapporteur) marked the beginning of the dialogue which is needed between the countries of origin and the EU Member States receiving immigrants. This dialogue should be aimed at creating a fully-fledged partnership with those countries while also laying the foundations for co-development.

With regard to the fight against illegal immigration, it should make it possible to implement or organisationally improve readmission agreements. Particular attention should be paid to the implementation of Article 13 of the Cotonou Agreement, as regards both readmission and the strengthening of the dialogue procedures under it. Also important is to develop the emigration management capacities of the countries of origin and transit, with a view to their acquiring the necessary institutions and means of control (suitable forms of public administration, appropriate legislation, training and equipment of border guards and police corps in order to combat traffickers, etc)

The dialogue must continue and must lead to concrete results. July 2007 will see a World Forum on Migration and Development, to be held in Belgium, at which Parliament should be represented.

- Border security - integrated management of the external borders

Border controls are, obviously, the cornerstone of the fight against illegal immigration: without them, there can be no credible policy. FRONTEX needs a suitable level of resources for its actions, and the Member States should honour their commitments in terms of supporting the operations with logistic and human resources. FRONTEX should be in a position to coordinate the deployment of joint surveillance patrols, operating throughout the year in high-risk zones. Your rapporteur is highly favourable to the creation of Rapid Border Intervention Teams, which he hopes will be in place as soon as possible.

Border controls must take place in a context that offers conditions of detention that ensure the dignity of those for whom such measures are necessary, on a basis of full respect for the right to asylum and the right of non-refoulement.

- Security of travel and identity documents

The Commission trusts that biometric techniques will result in more secure documents. These developments are useful, but must respect the principles of data protection (for first-pillar activities, pursuant to Directive 95/46/EC; for third-pillar activities, Parliament has on numerous occasions underlined the need for a specific framework decision - cf. the report adopted on a proposal by Mrs Roure). Appropriate data protection is a sine qua non if there are to be automated controls over those entering and leaving Union territory: this point was made in the Presidency conclusions of December. Your rapporteur expects that the Commission will provide all relevant information on its plans in this area.

- The fight against trafficking in people

The implementation of the medium-term action programme to fight trafficking in people must be led by the EU institutions and the Member States, with all necessary resources. Here the contribution of Europol and of all judicial and police cooperation instruments existing in Europe is vital.

The fight against trafficking in people must be targeted on traffickers, 'people smugglers' and the mafias that profit from trafficking: under no circumstances must the victims be targeted or their interests damaged.

- The regularisation issue

As the Commission reminds us, decisions on this issue are, in the current state of law, a discretionary matter for the Member States. Regularisations have occurred, are occurring or will occur in numerous Member States. The Spanish case has been much discussed throughout Europe, both favourably (e.g. at the OECD) and unfavourably. Your rapporteur believes that clarification is needed here: the Spanish government had clearly announced that this was a once-and-for-all measure and there would be no knock-on effect. This regularisation - selective, one-off, and, as it happened, very generous - was aimed at providing a concrete and effective response to the existence of thousands of undocumented immigrants on Spanish territory, giving them rights and obligations, and taking on the black economy. Thus, regularisation was offered only to those having a contract of employment, the keynote being to respond to the economy's needs in terms of labour. This policy, which had been previously agreed with employers, trade unions and representatives of civil society, has resulted in an injection of some 700 000 new legal workers into the Spanish economy. The Spanish government's action has been complemented by a comprehensive plan for the integration of immigrants into Spanish society, funded to the tune of over EUR 2 bn for 2007-2010.

In addition and in line with the principles of loyal cooperation and mutual solidarity, your rapporteur welcomes the fact that the mutual information system (concerning national immigration and asylum measures liable to affect other Member States or the Community) has been put in place in 2007, with the Netherlands and Germany informing the other Member States at the recent JHA Councils of their intention to embark on large-scale regularisations. The Commission could here provide more detailed information on the study it intends to initiate on the subject.

- Combating a key factor of attraction: illegal employment

Your rapporteur endorses the major stress on this point in the Commission communication. Action is only now being taken on what is one of the main causes of illegal immigration and of the knock-on effect mentioned above. The Commission's proposed sanctions, harmonised between the Member States, on those who employ illegal immigrants (exclusion from public contrasts, criminal penalties, payment of the costs of return, etc) mark a step in the right direction.

Despite the populist tendency to link immigration and unemployment, the reality is that migrant workers tend to do the jobs that Europeans reject, notably in construction, agriculture and domestic service. Accepting substandard working conditions and wages, they contribute significantly to certain (especially seasonal) economic activities, outside the framework of the law.

The fight against illegal employment includes an important psychological dimension: by seeking to reduce the attractiveness of Europe (i.e. a job, even in conditions that fail to respect fundamental rights), it aims to reduce incentives to emigrate to the EU while also combating the black economy.

- Policy on return

Parliament must adopt, as soon as possible, its position at first reading on the Commission's proposal for a directive. Your rapporteur regrets the apparent impasse on the matter in Council and the absence of the directive on return from the German presidency's priorities.

As Parliament has stressed, there is a need to define the rules and conditions for policy on return at European level, while ensuring respect for the law. The adoption of this directive, on the basis of the Weber report, is necessary if the fund is to be created.

The Commission could usefully make an assessment of policy on return (effectiveness of the agreements in force, analysis of the causes of delay in the negotiations, etc).

- Improving the exchange of information using the existing instruments

It is clear that the numerous players concerned need to improve their exchanges of information, including FRONTEX and Europol wherever relevant. Cooperation between immigration liaison officers should be a priority. Parliament should be kept regularly informed of developments (e.g. concerning the ICONet network) and their results.

- Transporters' responsibilities

It appears necessary to evaluate the measures taken, especially the implementation of Directive 2001/51/EC. The Commission refers to the forum set up in 2001, consisting of representatives of the Member States, the transport sector and humanitarian organisations.

Conclusion

In addition to the comments made above, your rapporteur wishes to stress the following points:

- illegal immigration is a Europe-wide challenge which needs to be dealt with at European level, in a coordinated fashion and in a spirit of solidarity, shared responsibility, transparency and mutual trust between Member States. Solidarity is particularly important with the southern and eastern areas of the EU, which are, in present conditions, those having to handle the largest numbers of illegal immigrants;

- the passerelle under Article 67 of the EC Treaty must be activated if the Union is to have a more coherent and more effective immigration policy;

- the issues at stake are, as the Commission communication makes it clear, extremely diverse. In order to respond to this diversity, we need a global approach highlighting the following:

�� effective border controls, balanced by humane conditions of detention in conformity with the law;

�� close cooperation with the countries of origin and transit, including those countries' border controls and the implementation of readmission agreements;

�� a co-development policy aimed at acting on the causes of emigration from the source countries via funding and support for concrete projects, building on recent best practice;

�� firm action to combat illegal employment in the Union;

�� a detailed study of the factors that cause illegal immigration, including the impact of climate change on migration patterns;

�� a much higher execution rate than in recent years for the relevant budget appropriations.

Finally, your rapporteur stresses (should it be necessary) that illegal immigrants must not be treated like criminals: they risk their lives seeking freedom or the means of subsistence in Europe. It is the responsibility of politicians to remind the public of this, while at the same time implementing a global, coherent and effective policy to fight illegal immigration.

We reject the proposal for the following reasons:

- Before undertaking actions to combat illegal migration, the EU should implement an effective European policy on legal migration which provides legal channels of entry in the EU. The measures implemented by Member States until now and in line with the Commission communication, are based on a repressive approach and reported unsuccessful outcomes in relation to their original objectives.

- The proposal encourages the activities of FRONTEX, which are very unsatisfactory both in relation to its effects and to its financial cost. For this reason, we believe FRONTEX strategy was implemented on the basis of mere propaganda.

- We strongly oppose EU readmission policy as it institutionalised by the Cotonou Agreement and encouraged by the proposal, since no sufficient legal safeguards are guaranteed to migrants.

- The proposal recognises implicitly administrative detention for migrants. We strongly oppose detention as a mean to combat illegal migration. As experienced by MEPs during their visits to several holding centres, these are structures where human rights and fundamental freedoms are often violated.

SUGGESTIONS

The Committee on Foreign Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following suggestions in its motion for a resolution:

1.  Is concerned about the fact that the European Union (EU) remains under constant pressure from illegal immigration, leading to humanitarian crises, the trafficking in and exploitation of human beings and loss of lives;

2.  Is convinced that the efficient combating of illegal immigration can only be ensured within the framework of a common European migration policy that includes a European policy on migration and development; welcomes the Commission's Communication on Policy priorities in the fight against illegal immigration of third-country nationals;

3.  Recalls that illegal immigration concerns all Member States and that Member States receiving a disproportionately large number of illegal immigrants should enjoy the solidarity of the EU;

4.   Believes that the external dimension strategy should aim at strengthening the EU���s influence on global migration processes, combining the securing of external borders and the fight against human trafficking with a deepening of cooperation with third countries on migration management, with a view to alleviating the push factors in the countries of origin and steering immigration into legal channels; supports a vigorous implementation of the Global Approach to Migration adopted by the European Council in December 2005, as well as the measures adopted at the European Council in December 2006;

5.  Stresses that any measure to combat illegal immigration taken by the EU or in cooperation with third countries must be compatible with fundamental human rights and should not deny refugees in need access to international protection;

6.  Calls on the Member States to provide all necessary technical, logistical, personal and financial means to enhance the operational capacity of FRONTEX and to intensify the border management cooperation between the Member States aimed at saving lives at sea, tackling illegal immigration, combating trafficking in human beings and providing rapid assistance to Member States facing emergencies linked to high influxes of immigrants;

7.  Points out that combating trafficking in human beings, particularly trafficking in women and children, is an EU priority, making it necessary to allocate adequate financial resources to that activity;

8.  Calls for questions concerning illegal immigration to have priority in the European Union���s relations with third countries, especially the countries of origin and/or transit of illegal immigrants;

9.  Calls on the Commission and the Council to develop partnerships with countries of origin and transit on migration management, encompassing institutions and capacity-building, technical assistance, guarantees of respect for international law, readmission obligations, combating the mafias that specialise in trafficking in people, information campaigns and quotas for legal immigration; calls on the Commission to step up its efforts to conclude readmission agreements with the countries of origin and transit of illegal immigration flows;

10. Regrets that the EU still faces obstacles which impede an efficient return of illegal immigrants, and urges the Commission and the Council to create an operational system under which EU travel documents would be acquired in due time and accepted by third countries;

11. Calls on the Commission to take all appropriate measures to expand the sources of information which are available in countries of origin on the possibilities of, and conditions attaching to, legal immigration into the EU;

12. Calls on those EU Member States which have not yet signed the agreements on readmission to take all necessary steps in that regard as soon as possible;

13. Supports the Commission's plan to strengthen the migration management aspect of the European Neighbourhood Policy, and calls for regional-level cooperation on migration to be reinforced in the southern and the eastern neighbourhood of the EU;

14. Recalls that the EU's Mediterranean neighbours and eastern neighbours in particular receive the majority of immigrants originally en route to Europe; considers it crucial to ensure that the fundamental human rights of those immigrants are respected, with special attention being paid to the rights of unaccompanied minors; stresses the need for the EU to strengthen its cooperation with all Mediterranean partner countries as regards the management of migration flows, and to provide them with support in combating illegal immigration; points out the importance of strengthening links between North- and sub-Saharan African countries and with the Asian countries of origin;

15. Calls on the Commission and the Council to pursue the development of the Regional Protection Programmes in cooperation with countries of origin and transit, and to inform Parliament of the experience gained with the pilot projects implemented so far; welcomes in this respect the Commission���s signing of the Cooperation Agreement with Mali, with the support of France and Spain, for the opening of the first Migration Information and Management Centre in that country;

16. Is convinced that one of the keys to the successful control of illegal immigration lies in addressing the factors that push people out of their home countries, including a major commitment by the EU to the settlement of conflicts, effective development aid through massive investment in health and education, and fulfilment of the Millennium Development Goals; is convinced that Member States should not adopt national measures regularising the situation of illegal immigrants because this creates a suction effect; calls on the Commission to intensify the EU-Africa dialogue on development and migration, including trade and agricultural policies;

17. Calls on the EU Member States to take all appropriate measures in the framework of the new strategy for Africa adopted by the Commission with a view to realisation of the Millennium Development Goals in accordance with the timetable set by the UN;

18. Supports the opening of legal channels for immigration; emphasises that efforts to strengthen circular migration should be intensified in order to eliminate the negative effects of the brain-drain from the countries of origin; considers such efforts to be an essential part of bilateral relations with countries of origin;

19. Stresses the importance of introducing special standards to protect women, children and people with disabilities;

20. Advocates the promotion of stronger financial ties with countries of origin, including a more transparent, more dependable and less expensive remittance system in the international financial markets; considers such a system to be an essential step towards facilitation of productive investment in the countries of origin as well as an important part of the fight against the financing of organised crime;

21. Calls on the Commission and the Council to verify, carefully and regularly, the cooperation afforded by third countries to the EU in the field of illegal immigration and draws attention in that connection to the importance of the Mechanism for monitoring and evaluating third countries in the area of combating illegal immigration, set up in 2003 by the Council at the behest of the Thessaloniki European Council;

22. Asks the Commission to explore the possibilities for more efficient cooperation with the UNHCR and the International Organisation for Migration as well as with relevant NGOs; welcomes the fact that the December 2006 European Council agreed to support the first meeting of the Global Forum on International Migration and Development, to be held in Brussels in July 2007, and calls for the European Parliament to be involved in the preparations for, and to ensure its participation in, the Global Forum.

PROCEDURE

SUGGESTIONS

The Committee on Development calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following suggestions in its motion for a resolution:

1.   Welcomes the communication from the Commission on policy priorities in the fight against illegal immigration of third-country nationals as a step in the right direction of establishing an EU strategy in concertation with neighbouring countries towards the effective management of migration flows, with the long term objective of a common EU policy in this field;

2.   Welcomes the fact that the European Council of 14/15 December 2006 has once more recognised the need for a comprehensive European migration policy based on solidarity between Member States, partnership with third countries and respect for human rights and fundamental freedoms of migrants and has agreed on concrete steps to be taken during the course of 2007 along these lines;

3.   Believes, however, that a comprehensive European migration policy requires extending codecision with Parliament and qualified majority voting in Council to other areas, such as legal immigration or the integration of third-country nations, in accordance with Article 67 of the EC Treaty, as planned in 2004 by the Dutch Council Presidency, and calls on the Council to act accordingly;

4.   Calls on the European Union to fight illegal migration by addressing the root causes of mass immigration, by fighting poverty and enhancing development, economic growth, good governance and social cohesion in countries of origin;

5.   Notes, as an example of good practice, the fact that certain Member States have signed cooperation agreements on immigration with various African countries, identifying the link between migration and development; encourages the Member States and the Commission to step up cooperation and continue to develop programmes of this nature;

6.   Calls on the EU Member States to implement their policies on illegal migration in full compatibility with fundamental human rights, in particular the European Convention for the Protection of Human Rights and Fundamental Freedoms;

7.   Stresses that the fight against trafficking in human beings, more particularly in unaccompanied minors, and any form of slavery linked to illegal migration must be conducted as an EU priority and that adequate financial and political resources must be devoted to this action; considers that Member States should sign and comply with the relevant international conventions, including the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, the Council of Europe Convention on Action against Trafficking in Human Beings, the UN Convention against Transnational Organised Crime and the UN Convention on the Rights of the Child;

8.   Calls on the EU and African countries to implement the Joint Africa-EU Action Plan to Combat Trafficking in Human Beings, especially Women and Children, with particular encouragement for cooperation between the countries of origin, transit and destination with regard to the victims in terms of identification, assistance, protection, repatriation and reintegration, as well as to promote the organisation of awareness campaigns targeted at the risks of illegal immigration and trafficking in human beings in the countries concerned;

9.   Welcomes the launching of an EU Programme on Migration and Development in Africa of an initial amount of EUR 40 million, with the objective of creating new jobs in Africa, and asks the Commission to provide more information on practical modalities; applauds, in this context, the signing of the cooperation agreement with Mali by the Commission, with the support of Spain and France, with a view to the opening of the first Migration Information and Management Centre, to be created with funding from that Programme;

10. Stresses the need for cooperation between countries of origin and destination in the fight against illegal migration, and considers that the ACP-EU partnership is a particularly appropriate framework for putting forward joint responses to the migration issue, on the basis of Article 13 of the Cotonou Agreement;

11. Asks the Commission and Member States, in partnership with countries of origin, to invest resources in information campaigns in the countries of origin of illegal immigrants in order to warn them of the physical risks and dangers of migrating illegally and of subsequent marginalisation in countries of destination; believes that such information campaigns should use all available channels such as the mass media, local radios and TV programmes;

12. Welcomes the fact that the European Council of 14/15 December 2006 agreed to ensure a coherent follow-up to the September 2006 UN High-Level Dialogue on International Migration and Development, where the first meeting of the Global Forum on International Migration and Development, due to take place in July 2007 in Belgium, will be a vital step, and calls on the EU to ensure a strong participation in the Global Forum where the EU will take the lead in placing migration and development issues on the agenda; believes that Parliament must be involved in the preparation of the EU contribution to the Global Forum and must be appropriately represented in it;

13. Reminds the Commission that at least 90 % of the expenditure provided for under thematic programmes shall be designed so as to fulfil the criteria for Official Development Assistance (ODA) established by the OECD/ DAC, according to Article 2(4) of Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation⁽¹⁾;

14. Takes into consideration Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities⁽²⁾, the EU Plan on best practices, standards and procedures for combating and preventing trafficking in human beings⁽³⁾ adopted in December 2005 and welcomes the Joint Africa-EU declaration of the EU - Africa Ministerial Conference on Migration and Development hosted by Libya on 22-23 November 2006;

15. Calls on the EU and Member States to become parties to the UN Protocol against the Smuggling of Migrants by Land, Sea and Air and the Protocol to Prevent, Suppress and Punish Trafficking in Persons;

16. Calls on the Member States to include in their respective migration policies a high level of health protection of immigrants by providing preventive care and medical treatment.

PROCEDURE

(1) OJ L 378, 27.12.2006, p. 41. (2) OJ L 261, 6.8.2004, p. 19. (3) OJ C 311, 9.12.2005, p. 1.