Annexes to COM(2015)453 - EU Action Plan on return - Main contents
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| dossier | COM(2015)453 - EU Action Plan on return. |
|---|---|
| document | COM(2015)453  |
| date | September 9, 2015 |
The European Agenda on Migration already stressed the need for stronger action so that third countries fulfil their obligations to readmit their nationals. The European Council of 25-26 June 2015 required that all tools be mobilised to increase cooperation on readmission.
The Commission will seek to ensure, as a matter of priority, that readmission commitments are implemented effectively and without delay. In parallel, it will focus on the swift conclusion of on-going negotiations and, if necessary, the opening of negotiations on new readmission agreements with key countries of origin. The EU should, in addition, launch high-level political dialogues on readmission with relevant countries and enhance substantially operational cooperation. In order to achieve these objectives, the EU should muster adequate leverage in relation with the partner countries.
1. Effective implementation of readmission commitments
The Commission will strive to ensure the implementation of readmission commitments undertaken both under specific readmission agreements and the Cotonou Agreement.
The EU has so far concluded 17 readmission agreements 26 . Overall, the return and readmission of irregular migrants to the countries having such an agreement with the EU is easier. Regular meetings under the Joint Readmission Committees enable the monitoring of the implementation of these agreements and provide a useful channel to discuss and address practical problems. The Commission will fully use these committees to further enhance practical cooperation and increase the rates of return to partner countries.
In addition, the Commission will focus on the swift implementation of the commitment undertaken by EU and ACP countries under Article 13 of the Cotonou Agreement to readmit their own nationals without further formalities. The Commission, together with the EEAS, Member States and Frontex will organise regular bilateral meetings on readmission with key countries of origin in Sub-Saharan Africa to operationalise this provision of the Cotonou Agreement. The aim is to enhance practical cooperation by establishing communication channels, identifying arrangements for the timely identification of irregular migrants and the issuing of travel documents or the use of the EU laissez-passer for their return.
The priority countries with which such meetings will be organised include Nigeria, Senegal, Mali, Ethiopia, the Democratic Republic of the Congo, Guinea, Ivory Coast, Ethiopia and the Gambia, taking into account the evolution of migration trends.
| Immediate actions | • Bilateral readmission meetings to be organised with Sub-Saharan countries of origin, starting with Nigeria and Senegal |
2. Concluding ongoing and opening new negotiations on readmission agreements
While the EU's Eastern flank is now well covered through readmission agreements, its Southern side, which is currently subject to strong migratory pressure, is not, although several agreements are currently under negotiations 27 . One of the main stumbling blocks in the negotiation of readmission agreements with North African countries is the 'third-country nationals' clause, which commits countries to readmitting third country nationals that have transited through their territory - although these countries are sometimes reluctant to even cooperate on taking back their own nationals.
The readmission by countries in Sub-Saharan Africa of their own nationals – as stipulated by the Cotonou Agreement - should ease the pressure on transit countries – as the irregular migrants would return directly to their home countries. This should, in turn, facilitate the conclusion of agreements with North African countries.
The Commission will also explore the need to launch negotiations on readmission agreements with other key countries of origin or transit of irregular migrants. For countries which are mainly countries of origin, and not of transit, the "third-country nationals" clause is less relevant in their case.
| Immediate actions | • Launch or re-launch of negotiations with North African countries |
| Mid-term actions | • Explore the launch of negotiations on new readmission agreements with key countries of origin |
3. High-level political dialogues on readmission
In addition, the EU will engage in high-level political dialogues with relevant countries of origin and transit for irregular migrants, as requested by the European Council of 25-26 June 2015. The high-level dialogues, which will be launched by the EU High-Representative for Foreign Affairs and Security Policy, should focus on countries where political engagement and leverage are needed, either for the implementation of existing commitments or for the conclusion or launch of negotiations on readmission agreements. They will ensure that the issue of return and readmission is prioritised in relations with these countries. EU assistance and policies should be used as incentives to stimulate the partner country's willingness to cooperate with the EU.
The High Representative should be accompanied by the relevant Members of the European Commission during these dialogues. The EU Delegations will play a crucial role in their preparation and follow up.
Taking into account the number of non-returned irregular migrants and the general state of relations with the EU, possible priority countries for high-level dialogues on readmission include Morocco, Algeria, Egypt, Nigeria, Senegal, Guinea, Mali, the Democratic Republic of the Congo, Ivory Coast, Ethiopia, the Gambia, Afghanistan, Bangladesh, Pakistan and Sri Lanka.
In parallel, the EU will fully use the fora established under the Global Approach to Migration and Mobility, such as the Rabat and Khartoum Processes, the Silk Route Partnership, mobility dialogues and partnerships, to enhance cooperation on readmission.
| Immediate actions | • Defining the list of priority countries and the timetable for high-level dialogues |
| Mid-term actions | • Launching and carrying-out high-level political dialogues |
4. Reintegration support and capacity building
To improve practical cooperation and the sustainability of returns, the Commission and Member States should invest additional efforts to support the reintegration of returnees and enhance the capacity of their home countries to readmit them.
Support for reintegration shall be provided at individual as well as state level - to equip both the returnee and the home country with means to reintegrate. Specific support should also be granted to transit countries to facilitate the return - both voluntary and forced - of third-country nationals who transit through their territory or assist them with the conclusion of readmission agreements with other third countries, where necessary and feasible.
Readmission capacity building should focus on improving the ability of the responsible authorities to respond in a timely manner to readmission requests and on facilitating and speeding up the identification of own nationals by countries of origin. Priorities include the development of centralised automated civil registers and of systems for issuing biometric passports and identity documents, launching automated means of transmitting and processing readmission requests (such as fingerprinting machines), or providing material resources necessary for processing readmission requests and receiving returnees, such as means of transport or temporary accommodation facilities. Furthermore, technical support could be provided to third countries to assist their efforts to put in place readmission arrangements or agreements with other third countries.
To facilitate such measures, the Commission has set up a dedicated Readmission Capacity Building Facility (RCBF) of EUR 5 million under the AMIF 28 . This will be expanded through additional funding in the following years. Through the RCBF, funding will be provided to third countries that have concluded or are expected to conclude a readmission agreement with the EU, and to those countries with which the EU is seeking to improve cooperation on readmission. The RCBF will focus on capacity building, including on reintegration of returnees, and will enable the EU to cater for urgent needs in a timely manner.
The EU will also support voluntary return programmes from the major transit countries, as migrants are more likely to take up the opportunity to return voluntarily to their home countries from the transit countries, at a stage in their journey when they have not yet paid the full amount of money to smugglers and they can still avoid major risks – for instance crossing the Mediterranean Sea or the Sahara. Programmes on voluntary return from transit countries to countries of origin, in full respect of the principle of non-refoulement, should be supported under the Regional Development and Protection Programmes for North Africa and for the Horn of Africa, as well as under Mobility Partnerships and Common Agendas on Migration and Mobility. Such programmes should also be developed for third country nationals in transit through the Western Balkan countries.
Sufficient funding should be devoted from all relevant sources, notably from development assistance instruments, to support the reintegration of returnees in their countries of origin. Support for reintegration should be incorporated into existing schemes in the countries of origin, such as vocational and education programmes, microfinance and entrepreneurship support – which should be further expanded. The EU Trust Fund, which will be one of the main deliverables of the Valletta Summit on Migration, should make a significant contribution to reintegration and capacity building in third countries.
| Immediate actions | • Setting up of a dedicated Readmission Capacity Building Facility • Voluntary return programmes in third countries under Regional Development and Protection Programmes • Support voluntary return programmes from the Western Balkans |
| Mid-term actions | • Structural support to reintegration of returnees under the Trust Fund to be launched by the Valletta EU-Africa Summit on migration |
5. Increasing EU leverage on return and readmission
The EU needs to increase its leverage on readmission in relation with partner countries, to ensure the implementation of existing commitments and agreements, and to facilitate the negotiation and conclusion of new ones. The European Council of 25-26 June 2015 requested the Commission and Council to prepare “a global package to support the negotiations”.
Tailor-made support packages should be developed to help certain partner countries fulfil their readmission obligations in practice and support negotiations. These should draw on the lessons learnt from the pilot project on return 29 which seeks to stimulate selected third-countries to cooperate on readmitting their own nationals. Return and readmission should be part of a balanced and consolidated EU package to a third country, drawing on all relevant policies – in particular home affairs, foreign policy, development assistance, trade, security – to achieve EU migration policy goals. Conditionality should be used where appropriate.
Member States' experience illustrates that a fine balance of pressure and incentives is needed to enhance cooperation on readmission. In the area of Home Affairs, Mobility Partnerships and visa policy provide, in general, useful leverage in cooperation on readmission. Negotiating a Visa Facilitation Agreement in parallel with a readmission agreement provides tangible incentives to third countries to cooperate on readmission.
However, the possibility to use this instrument is limited, as the EU is unlikely to offer visa facilitation to certain third countries which generate many irregular migrants and thus pose a migratory risk. And even when the EU does offer the parallel negotiation of a visa facilitation agreement, this may not be sufficient if the facilitations offered are not sufficiently attractive compared to the horizontal facilitation provided by the EU visa regulation. But visa policy – whether through the recast Visa Code, Visa Facilitation Agreements or the actual issuing of visas in practice – has an impact on cooperation on readmission. The potential to use it as leverage should be further explored.
Offering opportunities for legal migration, for highly skilled workers, but also for studies and research purposes, should be used as leverage to ensure cooperation on readmission. While determining the volume of admitted economic migrants is a Member State's competence, the approach could be coordinated at EU level so to have a more effective leverage for negotiating readmission agreements and arrangements with concerned third-countries.
But substantial leverage should also be identified outside the home affairs area to increase cooperation on readmission from third countries, in line with the request from the 25-26 June 2015 European Council that, “building on the "more-for-more" principle, EU assistance and policies will be used to create incentives for implementing existing readmission agreements and concluding new ones”.
Additional elements of leverage that should be used include development assistance, neighbourhood policy, trade agreements and trade preferences (with the possibility to link the conclusion of free trade agreements or the granting of preferential treatment for certain third countries to the parallel conclusion of a readmission agreement), education (Erasmus +) and culture. Member States are strongly encouraged to identify leverage in the areas that fall under their national competence, such as access of third country nationals to their labour markets.
The EU and its Member States need to agree on and adhere to a clear message to countries of origin and transit of irregular migrants about the necessity to cooperate on readmission. The issue of readmission needs to be prioritised and addressed in all relevant contacts at political level between the EU and third countries with low return rates, as well as in contacts between the Member States and these countries. It should, in particular, be raised in any encounter of the High Representative or Members of the Commission with representatives of relevant countries, including in international and multilateral events.
| Immediate actions | • Agreement on a global package to support negotiations on readmission and improved returns building on the 'more-for-more' principle; • Prioritising return and readmission and addressing it in all contacts with priority third-countries |
| Mid-term actions | • Development of tailor-made, country-specific packages |
IV.Conclusion
Improving the effectiveness of the EU system to return irregular migrants requires political will and prioritisation, full application of the EU rules as well as adequate administrative systems and resources at the national level. The Commission, with the support of relevant EU Agencies, will take all measures that are necessary to strengthen the EU return system, in full respect of fundamental rights and safeguards for a dignified return.
While the EU Return Directive enables effective action on return, its implementation by the Member States leaves room for improvement. The Commission will focus on ensuring its full application, including through infringement procedures. In parallel, it will use the assessment of national return systems under the Schengen Evaluation Mechanism to identify and help remedy deficiencies.
The Commission will step up support to Frontex and will make legislative proposals to expand its role on return substantially. The setting up of a Frontex Return Office should enable the Agency to scale up significantly its assistance on return. It will also make legislative proposals to enhance the EU information systems, to enable a swifter exchange of information on return decisions and facilitate their enforcement across the whole Schengen area.
An effective system of return requires the prioritisation of readmission of irregular migrants in relations with third countries. The Commission, together with the EEAS, will intensify efforts to enable countries of origin to implement their commitments to readmit their nationals, through political dialogues, capacity building and support for reintegration and, where necessary, by negotiating new readmission agreements.
(1)
Communication from the Commission to the European Parliament, the Council, The European Economic and Social Committee and the Committee of the Regions, A European Agenda on Migration, Brussels, 13.5.2015 COM(2015) 240 final.
(2)
Directive 2008/115/EC of the European Parliament and of the Council 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.
(3)
EMN inform, Overview: Incentives to return to a third country and support provided to migrants for their reintegration, January 2015.
(4)
Voluntary return or voluntary departure supported by logistical, financial and / or other material assistance.
(5)
For example, in relation to Western Balkans countries, many Member States have discontinued assistance to voluntary returns other than covering the costs of the transport for the return, to avoid further attracting migrants.
(6)
The EMN's task is to provide up-to-date, objective, reliable, comparable information on migration and asylum.
(7)
Idem 2.
(8)
The term "Member States" refers to 30 States: the 28 EU Member States excluding the UK and Ireland, but including Iceland, Liechtenstein, Norway and Switzerland. The Directive is part of the Schengen acquis and is binding on the Schengen Associated States. The UK and Ireland are not bound, although they could opt into it.
(9)
According to Article 8(1), Member States shall take all necessary measures to enforce the return decision if no period for voluntary departure has been granted in accordance with Article 7(4) or if the obligation to return has not been complied with within the period for voluntary departure granted in accordance with Article 7.
(10)
The Return Directive allows keeping returnees in detention for up to six months and up to 18 months if, regardless of all reasonable efforts the removal operation is likely to last longer.
(11)
Article 18(1) and (2) of the Return Directive.
(12)
Respect for the principle of non-refoulement in the context of immediate return operations at the external border can be sufficiently assured if those who are subject to return have – both in law and in practice – the possibility to submit a possible request for international protection at an easily accessible border crossing point.
(13)
For example, several Member States grant automatic suspensive effect without distinction and in all cases where legal recourse against a return decision is sought. Such practices can cause delay in return procedures. Automatic suspensive effect should only be granted in cases where the principle of non-refoulement is at stake.
(14)
In such situations the Member State of stay of the irregular migrant can either return the person to the Member State that took the return decision on the basis of bilateral agreement, or take the necessary steps to enforce the original return decision pursuant to the Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, JO L149/34, 2.6.2001.
(15)
Currently, Member States introduce only certain entry bans in SIS systematically but not those that are taken under the Returns Directive.
(16)
As announced by the EU Action Plan against migrant smuggling and following the call from the European Council of 25-26 June 2015.
(17)
Article 38 of Council Decision 2007/533/JHA of 12 June 2007.
(18)
As announced by the European Agenda on Migration.
(19)
Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice. OJ L 180, 29.6.2013.
(20)
The FReM project, managed by the International Centre for Migration Policy Development (ICMPD) with funding from the EU Return Fund, aims to create a European pool of forced return monitors available to the countries in need of implementing a forced return monitoring system.
(21)
In accordance with Article 15 of the Frontex Regulation, the Agency and the Member States need to comply with norms and standards at least equivalent to those set by Union legislation also when cooperation with third countries takes place on the territory of those states.
(22)
EURINT aims at developing and sharing best practices on return and at developing a common strategy for operational cooperation with third countries. EURLO aims at stimulating country of origin-focused operational cooperation, notably through Return Liaison Officers in key countries.
(23)
The European Council of 23 April 2015 has requested the deployment of European Migration Liaison Officers. This was further confirmed in the European Agenda on Migration and the EU Action Plan against Migrant Smuggling, adopted on 27 May 2015.
(24)
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.
(25)
Under Article 13 of the Cotonou Agreement, the ACP countries have committed to accept the return of and readmission of their nationals who are illegally present on the territory of a Member State of the EU, at that Member State's request and without further formalities.
(26)
The EU has readmission agreements with Russia, Ukraine, Moldova, Georgia, Armenia, Azerbaijan, Turkey, and the Western Balkan countries and also with Hong-Kong, Macao, Sri Lanka, Pakistan and Cape-Verde.
(27)
The EU has no readmission agreements with North African countries. It is entangled in protracted negotiations on a readmission agreement with Morocco, based on a mandate dating back to 2000. With Algeria, for which the Council adopted a negotiation mandate in 2002, negotiations have not even started formally. With Tunisia, a mandate was adopted in December 2014 and negotiations are yet to start.
(28)
See the Annual Work Programme for 2015 for support to Union Actions under the Asylum, Migration and Integration Fund.
(29)
Council Conclusions on EU return policies adopted at the JHA Council meeting on 5-6 June 2014.