Annexes to COM(2015)285 - EU Action Plan against migrant smuggling (2015 - 2020) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2015)285 - EU Action Plan against migrant smuggling (2015 - 2020). |
|---|---|
| document | COM(2015)285  |
| date | May 27, 2015 |
Cooperation between relevant EU networks and agencies, and Interpol, should be strengthened. The upgrading and broader use of tools that enable the exchange of information on fraudulent identify and travel documents, such as Interpol's Dial-Doc and Frontex' Reference Manual for frontline border guards and law enforcement officers, should be considered.
The Hotspot approach launched by the European Agenda on Migration should enable EU Agencies to provide substantial support on the ground to frontline Member States, to target migrant smuggling. Europol, in cooperation with Frontex and Eurojust, should deploy joint mobile teams to provide on-the-spot operational and information support to the frontline states. Trained debriefing and screening teams would be deployed more broadly to interview migrants upon arrival at the EU external borders. The resulting concentration and fusion of information should help with the investigations.
Moreover, standard procedures for gathering information about facilitation of irregular migration at an appropriate stage during the asylum determination process, in full respect of EU and international humanitarian rights and refugee law, should be developed, based on the pilot project carried out by the European Asylum Support Office.
The Commission will develop recommendations for Member States' law enforcement authorities regarding the collection of information on smuggling from apprehended irregular migrants, in full respect of fundamental rights. These will be included in the handbook on return, which the Commission will present in 2015.
Monitoring of internet content and development of knowledge-base
Smugglers use the internet to attract migrants. Europol will support national authorities to detect and, where appropriate, request the removal of internet content used by smugglers, in accordance with national law. In this respect, closer cooperation with internet services providers and social media should be established. Eurojust will play an important role to facilitate the exchange of best practice and identify challenges regarding the collection and use of e-evidence in investigations and prosecutions related to migrant smuggling, with the necessary safeguards.
Conducting research and risk analysis on links between smuggling and other crimes is essential for closing the knowledge-gap in this area, in particular on trafficking in human beings, severe labour exploitation, drugs and other commodities, terrorism. The connections between migrant smuggling and financial crimes should be closely examined, in cooperation with the Financial Action Task Force.
The Commission will extend the existing Eurostat regular collection of crime statistics to include data on migrant smuggling, with the support of relevant EU Agencies.
Specific actions
• Deployment of European migration liaison officers in key EU Delegations
• Evaluation, in 2016, and possible revision of EU legislation on Immigration Liaison Officers
• Strengthening of JOT MARE as EU information hub on migrant smuggling
• Further development of Africa Frontex Intelligence Community
• Enhanced monitoring of pre-frontier area with full use of Eurosur
• Stepping up Europol support for detecting internet content used by smugglers
• Including migrant smuggling data within the regular Eurostat collection of crime statistics
3. Enhanced prevention of smuggling and assistance to vulnerable migrants
Raising awareness of the risks of smuggling and of irregular migration is crucial for preventing prospective migrants, including people in more vulnerable situations such as children, from embarking on hazardous journeys, also from transit countries. Evidence gathered from migrants confirms that smugglers use social media platforms widely to share information on the services they provide. It is, therefore, important to develop a counter-narrative in the media, including social media, to uncover their lies, with the involvement of diaspora communities in the EU.
The Commission will launch information and prevention campaigns in key countries of origin or transit for migrants, in cooperation with the EEAS and the countries concerned, after assessing the impact of the campaigns that it finances currently in Ethiopia and Niger. These will also provide potential migrants with information about their rights, and about opportunities to enter the EU legally.
Assistance to vulnerable migrants
The EU should step up efforts to provide smuggled migrants, in particular vulnerable groups such as children and women, with assistance and protection. The Commission will launch a consultation, in 2016, and impact assessment on the possible revision of Directive 2004/81/EC 9 on residence permits issued to victims of trafficking in human beings and to smuggled migrants cooperating with authorities.
Helping business operators prevent migrant smuggling
Prevention measures should target businesses most affected by smuggling. Establishing partnerships with business operators in the sectors most at risk -transport and shipping - is crucial for enabling them to take adequate measures.
The Commission will develop, by 2017, a handbook on prevention of migrant smuggling, including, possibly, codes of conduct for drivers and operators of merchant and fishing vessels. This will present best practices on promoting security measures and adequate controls by public institutions and business operators to prevent clandestine migration. The Commission will also explore the development of guidelines on migrant smuggling for border authorities and consular services.
Enhancing the effectiveness of return as a deterrent to smuggling
To deter potential migrants from trying to reach the EU by using smugglers' services, it has to be made clear to them that they will be returned swiftly to their home countries if they have no right to stay in the EU legally. For the moment, smuggling networks exploit the fact that relatively few return decisions are enforced to attract migrants (39.2% of return decisions were carried out in 2013).
The effectiveness of the EU system to return irregular migrants or those whose asylum applications are rejected must be enhanced, in full respect of the standards and safeguards that ensure a dignified and humane return, in line with the EU Return Directive 10 . As announced in the European Agenda on Migration, and on the basis of the ongoing evaluation to be concluded this year, the Commission will propose to amend the Frontex legal basis to strengthen its role on return.
The Schengen Information System (SIS) should be better used to enforce return decisions. The Commission will evaluate the SIS in 2015-2016. In this context, the Commission will explore the possibility and proportionality to introduce return decisions issued by the Member States in SIS, to enhance their traceability. This would make it possible for Member States' authorities to see if an apprehended irregular migrant is subject to a return decision in another Member State. The Commission will also consider making it obligatory for Member States' authorities to introduce all entry bans in SIS, to enable their enforcement EU-wide – under the current SIS legal framework this is optional. Having all entry bans introduced in SIS would help prevent the re-entry into the Schengen area of irregular migrants that were subject to an entry ban issued by a Member State through another Member State.
To ensure that returns are sustainable, the Commission will provide technical support to countries of origin or transit for migrants, to help improve their capabilities to integrate the returnees. The EU should also make stronger efforts to convince third countries to take back their nationals that are irregularly present in Europe, which is an international obligation. The Commission will propose the opening of negotiations on EU readmission agreements with the main countries of origin of irregular migrants, where necessary. A specific obligation regarding readmission exists in the Cotonou Agreement with the ACP countries 11 .
To reduce incentives for irregular migration and the exploitation of migrants, the Commission will take stronger action against the employment of irregular migrants. It will enhance the implementation of sanctions for employment of irregular migrants, by improving detection and stepping up inspections. Together with Member States, the Commission will identify targets as regards the number of inspections to be carried every year in the economic sectors most exposed to illegal employment 12 such as the construction, agriculture and horticulture, housework/cleaning and catering and hospitality services sectors.
Specific actions
• Information and prevention campaigns in third countries on risks of smuggling
• Launch of consultation, in 2016, and impact assessment on possible revision of EU Directive 2004/81/EC on residence permits
• Development of handbook on prevention on migrant smuggling by 2017
• Development of guidelines for border authorities and consular services
• Evaluation of the EU legal framework on SIS to explore ways to enhance effectiveness of return and reduce irregular migration
• Proposals to open negotiations on readmission with main countries of origin of irregular migrants
• Define targets as regards the number of inspections to be carried every year in the economic sectors most exposed to illegal employment
4. Stronger cooperation with third countries
Close co-operation with third countries along the entire smuggling route is essential for targeting migrant smuggling and for ending impunity through effective investigation and prosecution. This should be seen in connection with persistent EU efforts to address the root causes of irregular migration, in cooperation with countries of origin and transit. The focus should be on support on border management, youth and employment, mobility.
The EEAS and the Commission will launch or enhance the bilateral and regional cooperation frameworks with relevant partners focusing on practical measures to address smuggling of migrants, including through the Rabat, Khartoum, Budapest and Prague Processes, the ACP-EU Dialogue, the EU-Africa Migration and Mobility Dialogues and the Malta Summit devoted to migration. Where needed, specific Working Groups – such as the one planned on Niger - will be put in place. Full use should be made of political dialogue mechanisms under the Cotonou Agreement between African, Caribbean and Pacific states and the EU, and the European Neighborhood Policy, as well as relevant multilateral frameworks. Cooperation between the EU and Turkey, which share a common challenge regarding irregular migration, is crucial.
The EU should encourage partner countries to become Parties to the UN Convention on Transnational Organised Crime and the UN Protocol on Smuggling of Migrants by Land, Sea and Air. The Commission will provide funding for projects supporting third countries in enacting legislation in line with the Protocol.
Providing capacity building to third countries
As weak law enforcement capacities hamper exchange of information and co-operation, as well as the investigation and prosecution or smuggling offences in third countries, the transfer of skills and resources is essential.
The Commission and the EEAS will enhance financial and technical assistance to third countries, to support the development of national and regional strategies against migrant smuggling, anti-corruption policies that address the smuggling of migrants, as well as the setting up of integrated border management systems. This should include risk analysis, joint border control and border patrolling, increased security of passports, ID and other travel documents, and should enhance the capacity of border authorities to detect fraudulent identity documents. The reinforcement of CSDP missions and operations, such as EUCAP Sahel Niger and EUCAP Sahel Mali, on border management, will help achieve these objectives. Effective coordination between the various EU tools must be ensured and enhanced as required, including through joint programming and EU Trust Funds.
The Commission will provide substantial funding to help strengthen third countries' police and criminal justice responses to smuggling. This will seek to enhance the capacities of individual countries, as well as fostering cooperation between them, through information exchange, joint regional training and joint investigations. The Commission will also provide financial and technical support for starting or improving the collection, sharing and analysis of data on migrant smuggling between countries of origin, transit and destination.
Increasing coherence and impact of EU action in third countries
Acting together, combining funds, expertise and respective strengths will help amplify the impact of EU action against migrant smuggling abroad. Improving the coherence between the external actions of the EU, Member States and relevant stakeholders is a precondition for maximizing impacts and avoiding duplication.
EU cooperation and coordination on migrant smuggling should be established in priority third countries of origin and transit, by bringing together regularly the Networks of ILOs, European migration liaison officers, EU Agencies' Liaison Officers, Member States' diplomatic representations, CSDP missions and operations, international organisations such as IOM, UNHCR, UNODC or Interpol. Such platforms should also enable full alignment between EU internal and external policies addressing migrant smuggling.
Joint or coordinated planning of EU and Member State support to third countries on migrant smuggling, based on a mapping of actions in key countries and regions, should enable an optimal use of resources.
Specific actions
• Launching or enhancing bilateral and regional cooperation frameworks
• Funding of projects to support third countries set up strategies on migrant smuggling, step up police and judicial responses, develop integrated border management
• Setting up of EU cooperation platforms on migrant smuggling in relevant third countries and regions
• Optimising the use of EU funding through joint or coordinated planning
(1)
International Organisation for Migration: Fatal Journeys - Tracking Lives Lost during Migration, 2014.
(2)
Data from the EU Agency for the Management of Operational Cooperation at the External Borders (Frontex), 2015.
(3)
Idem.
(4)
The difference between the two is that in the former, migrants willingly engage in the irregular migration process by paying for the services of a smuggler in order to cross an international border, while in the latter they are the victims, coerced into severe exploitation which may or may not be linked to the crossing of a border. The two phenomena are not easy to disentangle as persons who start their journeys in a voluntary manner are also vulnerable to networks of labour or sexual exploitation.
(5)
The EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016, COM(2012) 286 final.
(6)
European Maritime Security Strategy, Cyber Security Strategy and the EU Strategy towards the Eradication of Trafficking in Human Beings 2012-2016.
(7)
In 2002, the EU adopted rules to crack down on migrant smuggling, the so-called 'Facilitators Package' which is composed of Directive 2002/90/EC establishing a common definition of the offense of facilitation of unauthorised entry, transit and residence, and Framework Decision 2002/946/JHA on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence.
(8)
Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network. OJ L 64/1, 2.3.2004.
(9)
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. OJ L 261/1, 6.8.2004, p. 19–23.
(10)
Recital 29, Directive 2008/115/EC, of 16 December 2008, on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348 98, 24.12.2008, p. 98–107.
(11)
In accordance with Article 13 of the Cotonou Agreement, each of the ACP States shall accept the return of and readmission of any of its nationals who are illegally present on the territory of a Member State of the European Union, at that Member State’s request and without further formalities. Each Member State of the European Union shall accept the return of and readmission of any of its nationals who are illegally present on the territory of an ACP State, at that State’s request, without further formalities.