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Soderkoping, Swede Soderkoping, Swede n, 12/13 May 2005 n, 12/13 May 2005 1 EU policies and EU policies and practices on Asylum practices on Asylum and Migration. and Migration. Latest developments Latest developments Annabelle Roig Annabelle Roig UNHCR Brussels UNHCR Brussels UNHCR: UNHCR:

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Page 1: Soderkoping, Sweden, 12/13 May 2005 1 EU policies and practices on Asylum and Migration. Latest developments Annabelle Roig UNHCR Brussels UNHCR:

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EU policies and practices EU policies and practices on Asylum and Migration.on Asylum and Migration.

Latest developmentsLatest developments

Annabelle RoigAnnabelle RoigUNHCR BrusselsUNHCR Brussels

•UNHCR:•UNHCR:•UNHCR:•UNHCR:

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Contents of the Contents of the presentationpresentation

I- EU migration policyI- EU migration policy II - EU European Neighbourhood PolicyII - EU European Neighbourhood Policy III - EU immigration policyIII - EU immigration policy IV - EU asylum policyIV - EU asylum policy V - The Fundamental Rights AgencyV - The Fundamental Rights AgencyIncluding elements related to the future Including elements related to the future

Constitutional Treaty and the next EU Constitutional Treaty and the next EU financial perspective (2007-2013), financial perspective (2007-2013), especially the ‘Programme on Solidarity and especially the ‘Programme on Solidarity and Management of Migration Flows’ for which Management of Migration Flows’ for which 5.4 Billion Euros is allocated out of a total 5.4 Billion Euros is allocated out of a total share of 9.5 billion for Justice, Freedom and share of 9.5 billion for Justice, Freedom and Security matters.Security matters.

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PART IPART I

EU Migration EU Migration PolicyPolicy

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Migration policyMigration policy

November 2003, the Council adopted November 2003, the Council adopted a programme of measures to combat a programme of measures to combat illegal migration across the maritime illegal migration across the maritime borders of the MSborders of the MS

February 2004, the Council adopted February 2004, the Council adopted a Regulation creating an Immigration a Regulation creating an Immigration Liaison Officers NetworkLiaison Officers Network

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European Agency for the European Agency for the Management Management

of Operational Co-operation of Operational Co-operation at at thethe External External BordersBorders

Council DCouncil Decision ecision inin October October 2004 2004 to set up a to set up a EuropeanEuropean Agency for Border Management by 1 Agency for Border Management by 1 MayMay 2005. The seat will be 2005. The seat will be locatedlocated in Poland and run by in Poland and run by 30 persons with a budget of 16 M Euros in the first 30 persons with a budget of 16 M Euros in the first two years.two years.

The Agency will assist in the co-ordination of MS' The Agency will assist in the co-ordination of MS' actions in the implementation of return measures. It actions in the implementation of return measures. It will not have a policy-making role, nor would it make will not have a policy-making role, nor would it make legislative proposals or exercise implementing legislative proposals or exercise implementing powers. The Agency will be responsible for horizontal powers. The Agency will be responsible for horizontal matters such as training for border guards and risks matters such as training for border guards and risks analysis. It will also provide technical support to MS in analysis. It will also provide technical support to MS in organizing joint return operations.organizing joint return operations.

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TheThe Constitutional Treaty Constitutional Treaty

Adopted in June 2004. Must be ratified by national Adopted in June 2004. Must be ratified by national parliaments. Referenda in most EU states.parliaments. Referenda in most EU states.

The text enshrines (article 265) the concept of an The text enshrines (article 265) the concept of an "integrated system of external border "integrated system of external border management"management" for enhancing future cooperation for enhancing future cooperation at both the legislative and the operational level, at both the legislative and the operational level, with the possibility of creating common border-with the possibility of creating common border-guard units to support action by national guard units to support action by national authorities; open debateauthorities; open debate about creating a about creating a European border guard.European border guard.

The next EU financial perspective The next EU financial perspective allocates allocates under its proposed Programme for solidarity and under its proposed Programme for solidarity and management of migration flows management of migration flows some 2.2 Billion Euros for an External Borders Fund.

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EU RETURN POLICY - IEU RETURN POLICY - I POLICY DOCSPOLICY DOCS Green Paper and a Green Paper and a

Communication on a Communication on a Return Policy in 2002 Return Policy in 2002

Communication in Communication in July 2004 on a July 2004 on a common readmission common readmission and return policy and return policy BUT not public.BUT not public.

EU Return Action EU Return Action Program (Nov 02)Program (Nov 02)

EU Afghan Return EU Afghan Return Plan in 2003Plan in 2003

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EU Return Policy - IIEU Return Policy - II

LEGISLATIVE INSTRUMENTSLEGISLATIVE INSTRUMENTS June 2004 Council Decision to establish a special June 2004 Council Decision to establish a special

financial instrument for the return of ‘illegal’ third financial instrument for the return of ‘illegal’ third country nationals : 30M Euros for 2005/2006 to country nationals : 30M Euros for 2005/2006 to finance joint projects related to voluntary and forced finance joint projects related to voluntary and forced returns. Was recently approved by the Parliament returns. Was recently approved by the Parliament (budget authority). Will be implemented with delay. (budget authority). Will be implemented with delay.

The new financial perspective envisages the The new financial perspective envisages the creation of a fully fledged creation of a fully fledged Return Fund with some 760 M Euros.

Draft Directive on common return procedures and Draft Directive on common return procedures and standards – to be issued in the next few weeks.standards – to be issued in the next few weeks.

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Return Policy - IVReturn Policy - IVPOLITICAL CONSIDERATIONS:POLITICAL CONSIDERATIONS:

Increasingly the EU stresses the need of closer Increasingly the EU stresses the need of closer dialogue and cooperation with transit and countries of dialogue and cooperation with transit and countries of origin origin

Migration /readmission clauses inserted into Migration /readmission clauses inserted into cooperation agreements, such as in the COTONOU cooperation agreements, such as in the COTONOU Agreement (77 African Caribbean and Pacific Agreement (77 African Caribbean and Pacific countries) and in all other EU bilateral coop. countries) and in all other EU bilateral coop. agreementsagreements

The Hague Programme asks the Commission to issue The Hague Programme asks the Commission to issue a Communication on this issue. a Communication on this issue.

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Return Policy - IVReturn Policy - IV

Large scale returns may have impact on the Large scale returns may have impact on the development of a country : Need for a development of a country : Need for a comprehensive approach. Linkage between comprehensive approach. Linkage between migration and development issues (First migration and development issues (First Communication in 2002, second one Communication in 2002, second one forthcoming).forthcoming).

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EU Readmission EU Readmission AgreementsAgreements

The EU is in active negotiations with : Ukraine, The EU is in active negotiations with : Ukraine, Russia (see 10 May 2005 Summit), Pakistan Russia (see 10 May 2005 Summit), Pakistan but also with China, Algeria , Morocco and but also with China, Algeria , Morocco and TurkeyTurkey

RA already concluded with Hong Kong (Nov RA already concluded with Hong Kong (Nov 02), Macao (Oct 03); Sri Lanka (Nov 03) and 02), Macao (Oct 03); Sri Lanka (Nov 03) and Albania (Feb 04)Albania (Feb 04)

No new mandate was given to the No new mandate was given to the Commission.Commission.

A review of this policy has been set for 2007 A review of this policy has been set for 2007 under the Finnish Presidencyunder the Finnish Presidency

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The Constitutional The Constitutional TreatyTreaty

Article 268 of the Constitutional Article 268 of the Constitutional Treaty empowers the Union to Treaty empowers the Union to conclude agreements with third conclude agreements with third countries for the readmission of countries for the readmission of third-country nationals residing third-country nationals residing without authorisation in the Union.without authorisation in the Union.

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TheThe Constitutional Constitutional TreatyTreaty

Article 267, the common immigration Article 267, the common immigration policy aims policy aims at ensuring the efficient at ensuring the efficient management of migration flowsmanagement of migration flows, fair , fair treatment of third-country nationals treatment of third-country nationals residing legally in Member States, residing legally in Member States, and and the prevention of, and enhanced the prevention of, and enhanced measures to combat, illegal measures to combat, illegal immigration and trafficking in human immigration and trafficking in human beingsbeings (women and children, in (women and children, in particular).particular).

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AENEAS PROGRAMMEAENEAS PROGRAMME

Successor of B7667 budget line.Successor of B7667 budget line. New Regulation for the next period 2004-New Regulation for the next period 2004-

2008 (250 M Euros), adopted by co-2008 (250 M Euros), adopted by co-decision with EP in March 2004.decision with EP in March 2004.

Objective : give technical and financial aid Objective : give technical and financial aid to third countries in order to promote a to third countries in order to promote a more efficient management of migration more efficient management of migration flows in all their dimensionsflows in all their dimensions

Focus countries : those with which the EU Focus countries : those with which the EU is negotiating a readmission agreement is negotiating a readmission agreement and those concerned by the ENPand those concerned by the ENP

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AENEASAENEAS

AENEAS has a balanced approach between AENEAS has a balanced approach between combating migration and protection combating migration and protection concerns.concerns.

First Call for Proposals issued in December First Call for Proposals issued in December 2004 : some 200 projects submitted. No 2004 : some 200 projects submitted. No decision yet. Next Call mid 2005 with decision yet. Next Call mid 2005 with different geographical priorities.different geographical priorities.

Link with ‘Regional Protection Programme’ ?Link with ‘Regional Protection Programme’ ?

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Part IIPart II

THE EUROPEAN THE EUROPEAN

NEIGHBOUROOD NEIGHBOUROOD

POLICYPOLICY

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European Neighbourood European Neighbourood PolicyPolicy

Covers 17 countries along the Covers 17 countries along the external borders of the EU: 3 western external borders of the EU: 3 western NIS, 3 South Caucasus Republics and NIS, 3 South Caucasus Republics and 11 Mediteranean countries11 Mediteranean countries

‘‘Wider Europe’ paper (March 03)Wider Europe’ paper (March 03)

European Neighborhood Policy (May European Neighborhood Policy (May 2004)2004) + Council Conclusions of June 2004 + Council Conclusions of June 2004 extending the ENP to Southern Caucasus.extending the ENP to Southern Caucasus.

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European European NeighbouroodNeighbourood PolicyPolicy

Confirm and reinforce the aims and Confirm and reinforce the aims and strategy of the 2003 ‘Wider Europe’ policy, strategy of the 2003 ‘Wider Europe’ policy, seeking to extend the socio-economic and seeking to extend the socio-economic and peace and prosperity related benefits of peace and prosperity related benefits of the recent EU enlargement to its the recent EU enlargement to its immediate neighboursimmediate neighbours

Main elements of ENP : Main elements of ENP : - ENP is not a first step towards future EU - ENP is not a first step towards future EU

membershipmembership- Principle of jointly elaborating Action Plans- Principle of jointly elaborating Action Plans

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ENP Country ReportsENP Country Reports

The Commission issued / will issue Country The Commission issued / will issue Country Reports assessing the situation in each Reports assessing the situation in each country concerned by the ENP.country concerned by the ENP.

The first seven were issued in May 2004 on The first seven were issued in May 2004 on Ukraine, Molodva, Israel, Jordan, Morocco, Ukraine, Molodva, Israel, Jordan, Morocco, Tunisia and Palestine and in March 2005 Tunisia and Palestine and in March 2005 for Egypt, Lebanon, Armenia, Azerbaijan for Egypt, Lebanon, Armenia, Azerbaijan and Georgia.and Georgia.

Country reports serve as background Country reports serve as background documents to the Action Plans and are documents to the Action Plans and are descriptive and factual, rather than critical.descriptive and factual, rather than critical.

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ACTION PLANSACTION PLANS ‘political and living ‘political and living

documents’documents’1.1. Contain commitments in favor of specific Contain commitments in favor of specific

actions to promote common values such actions to promote common values such as respect of democracy and human rights as respect of democracy and human rights and minorities, rule of law, reform of the and minorities, rule of law, reform of the judiciary…judiciary…

2.2. Set up priority actions, with a time table, Set up priority actions, with a time table, on political dialogue and reform, trading on political dialogue and reform, trading facilities, energy, transport, information facilities, energy, transport, information society, environment, social policy and society, environment, social policy and people to people contacts.. And justice and people to people contacts.. And justice and home affairs (JHA).home affairs (JHA).

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Action Plans and JHAAction Plans and JHA

Closer collaboration in JHA includes on Closer collaboration in JHA includes on management of borders and population management of borders and population movements, migration and asylum, visa movements, migration and asylum, visa policies, fight against organized crime…policies, fight against organized crime…

Action Plans and the progress made will be Action Plans and the progress made will be monitored in the bodies established under the monitored in the bodies established under the Parternship and Co-operation Agreements.Parternship and Co-operation Agreements.

Bilateral agreements will ultimately become Bilateral agreements will ultimately become ‘European Neighbourood Agreements’‘European Neighbourood Agreements’

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European Neighbourhood European Neighbourhood Financial InstrumentFinancial Instrument

The Commission is proposing the creation The Commission is proposing the creation of a new financial instrument for of a new financial instrument for implementing this policy. This instrument implementing this policy. This instrument will become effective as of 2007 and will will become effective as of 2007 and will place emphasis on cross border co-place emphasis on cross border co-operation along the external borders of operation along the external borders of the EU.the EU.

Draft regulation was issued on 14 Draft regulation was issued on 14 October 2004October 2004

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RUSSIA and the EURUSSIA and the EU

Not directly concerned by the ENP Not directly concerned by the ENP Has a specific and Has a specific and sui generissui generis strategic strategic

relationship governed by the Partnership and relationship governed by the Partnership and Cooperation Agreement since 1997 Cooperation Agreement since 1997

and the joint decision made at St Petersbourg and the joint decision made at St Petersbourg Summit in May 2003 to create four common Summit in May 2003 to create four common spaces, including a space of Security, spaces, including a space of Security, Freedom and Justice. See also the outcome of Freedom and Justice. See also the outcome of the EU-Russia Summits of May 2004 and the EU-Russia Summits of May 2004 and 2005.2005.

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PART IIIPART III

EU IMMIGRATION POLICYEU IMMIGRATION POLICY

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Policy developmentPolicy development

The Commission issued :The Commission issued :

- In July 2004 a Communication on the - In July 2004 a Communication on the study of the relationship between study of the relationship between legal and illegal immigration legal and illegal immigration

- In January 2005, a green paper on - In January 2005, a green paper on economic migration economic migration

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INTEGRATION OF MIGRANTSINTEGRATION OF MIGRANTS Tampere (1999) : ‘a vigorous integration policy’Tampere (1999) : ‘a vigorous integration policy’

June 2003 Commission Communication on Immigration, June 2003 Commission Communication on Immigration, Integration and Employment: Integration and Employment: first first annual report issued in annual report issued in June 2004June 2004

Thessaloniki (2003): ‘a common integration policy’Thessaloniki (2003): ‘a common integration policy’

Creation of the INTI programme in 2003 with some 5 M Creation of the INTI programme in 2003 with some 5 M Euros annually. An Euros annually. An Integration Fund under the next EU under the next EU financial perspective with financial perspective with 1.8 billion euros

EU Network of Integration Focal Points created end of 2003EU Network of Integration Focal Points created end of 2003 MMinisinistterial meeting erial meeting in in NovemberNovember 2004 : adoption of 9 main 2004 : adoption of 9 main

principles.principles.

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Legal instrumentsLegal instruments

Directive on the Right to Family Reunification Directive on the Right to Family Reunification adopted in September 2003. Challenged by adopted in September 2003. Challenged by the EP at the ECJ for non compliance with the EP at the ECJ for non compliance with international legal norms (eg. Convention on international legal norms (eg. Convention on the Rights of the Child)the Rights of the Child)

Directive on Long Term Resident Status Directive on Long Term Resident Status adopted in November 2003. Excludes adopted in November 2003. Excludes refugees and beneficiaries of subsidiary refugees and beneficiaries of subsidiary protectionprotection

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Other legal instrumentsOther legal instruments

Directive on the rights of the EU citizens and Directive on the rights of the EU citizens and their family members (who could be third their family members (who could be third country nationals) to move and reside freely country nationals) to move and reside freely within the EU adopted in March 2004within the EU adopted in March 2004

Directive on the short term residence permit Directive on the short term residence permit for victims of trafficking who cooperate with for victims of trafficking who cooperate with the authorities adopted in April 2004the authorities adopted in April 2004

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Other legal instrumentsOther legal instruments

Regulation laying down a uniform format Regulation laying down a uniform format for visa and residence permit for third for visa and residence permit for third country nationals with harmonized country nationals with harmonized integration of biometrics, adopted early integration of biometrics, adopted early 20042004

In June 2004, the Council adopted a In June 2004, the Council adopted a Decision establishing a Visa Information Decision establishing a Visa Information SystemSystem

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draft instrumentsdraft instruments

On admission for paid employment and self employed On admission for paid employment and self employed activities : Negotiations have stopped, too great activities : Negotiations have stopped, too great divergences among MSdivergences among MS. . Strong Strong German German (op)(op)positionposition

On admission for the purpose of studies and On admission for the purpose of studies and vocational training (including volunteering): adopted vocational training (including volunteering): adopted late 2004late 2004

On On admission to carry out scientific admission to carry out scientific researchresearch : general : general agreementagreement end of 2004end of 2004

On unpaid activities : the idea to have a legislative On unpaid activities : the idea to have a legislative instrument on this matter has been dropped.instrument on this matter has been dropped.

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Change of rulesChange of rules

In accordance with the Nice Treaty In accordance with the Nice Treaty provisions, the Council decided in provisions, the Council decided in December 2004 to swtich to the co-December 2004 to swtich to the co-decision procedure as of 1 January decision procedure as of 1 January 2005 for all matters of immigration 2005 for all matters of immigration (except for immigration in relation to (except for immigration in relation to the labour market). This gives the the labour market). This gives the European Parliament a co-legislative European Parliament a co-legislative role.role.

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Constitutional TreatyConstitutional Treaty

Article 268 calls for a common immigration Article 268 calls for a common immigration policy ensuring fair treatment of third policy ensuring fair treatment of third country nationals residing legally in MScountry nationals residing legally in MS

The main innovation is that the Union may The main innovation is that the Union may in future add value to national integration in future add value to national integration measures by adopting incentive and measures by adopting incentive and supporting measures, excluding any supporting measures, excluding any harmonisation of national laws and harmonisation of national laws and regulations.regulations.

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The Constitutional The Constitutional TreatyTreaty

According to article 267, EU measures will According to article 267, EU measures will be adopted on :be adopted on :

- The conditions of entry and residence in - The conditions of entry and residence in the EUthe EU

- The definitions of rights of third country - The definitions of rights of third country nationals residing legally in a MSnationals residing legally in a MS

- Member States will, in practice, retain the - Member States will, in practice, retain the right to determine volumes of admission of right to determine volumes of admission of third-country nationals coming from third third-country nationals coming from third countries to seek work.countries to seek work.

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PART IV PART IV EU Asylum PolicyEU Asylum Policy

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CCommon European Asylum ommon European Asylum System (CEAS) : first phase under System (CEAS) : first phase under

Amsterdam completed?Amsterdam completed? Mechanisms to determine State responsibility Mechanisms to determine State responsibility

(Dublin II) : Regulation adopted in February 2003(Dublin II) : Regulation adopted in February 2003

Minimum standards for reception conditions of Minimum standards for reception conditions of asylum seekers : Directive adopted in October asylum seekers : Directive adopted in October 20032003

Minimum standards for the qualification of Minimum standards for the qualification of refugees and beneficiaries of subsidiary refugees and beneficiaries of subsidiary protection: Directive adopted in April 2004protection: Directive adopted in April 2004

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Other building blocksOther building blocks of the of the CEASCEAS

Minimum standards for asylum procedures: political Minimum standards for asylum procedures: political agreement in March/November 2004: not yet agreement in March/November 2004: not yet formally adoptedformally adopted. The . The Parliament still needs to issue an Parliament still needs to issue an opinion on the latest version of the Directiveopinion on the latest version of the Directive

Common regime for Temporary Protection: Directive Common regime for Temporary Protection: Directive adopted in July 2001adopted in July 2001

Solidarity / burden-sharing instrument: Decision on Solidarity / burden-sharing instrument: Decision on European Refugee Fund II (2005-2010) adopted in June European Refugee Fund II (2005-2010) adopted in June 2004 with 114 m Euros for the first two years. Working 2004 with 114 m Euros for the first two years. Working Programmes and Call for Proposals for Community Actions Programmes and Call for Proposals for Community Actions to be issued yet. Some 1.2 Billion Euros for the ERF under to be issued yet. Some 1.2 Billion Euros for the ERF under the next financial perspectivethe next financial perspective

See UNHCR’s annotated comments on these instrumentsSee UNHCR’s annotated comments on these instruments

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The developement of a The developement of a Common European Asylum Common European Asylum

System System June 2004 Communications on :June 2004 Communications on :- The aThe assessment of the Tampere programme ssessment of the Tampere programme

and future orientations: ‘Vitorino's bilan’and future orientations: ‘Vitorino's bilan’- Durable Solutions : resettlement and Durable Solutions : resettlement and

enhancing protection capacity in regions of enhancing protection capacity in regions of origin.origin.

- A single procedureA single procedure

The Council took note and asked working The Council took note and asked working bodies to work further on these proposalsbodies to work further on these proposals

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The ‘HAGUE PROGRAMME’The ‘HAGUE PROGRAMME’

On 5 November 2004, European Council On 5 November 2004, European Council adopted a new multi annual programme adopted a new multi annual programme on Freedom, Security and Justice, as the on Freedom, Security and Justice, as the successor of the Tampere Programmesuccessor of the Tampere Programme

Covers a whole range of issues : security, Covers a whole range of issues : security, judicial cooperation, … and also migration judicial cooperation, … and also migration and asylum through 5 specific aspects and asylum through 5 specific aspects with regard to the external and internal with regard to the external and internal dimensions of the EU asylum policydimensions of the EU asylum policy

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The External dimension : 2 The External dimension : 2 aspectsaspects

HP places great emphasis on partnership HP places great emphasis on partnership between the EU and third countries: between the EU and third countries:

1. Following a Commision Communication in 1. Following a Commision Communication in June 2004 on ‘a more accessible, equitable June 2004 on ‘a more accessible, equitable and better managed and better managed international international protection regimeprotection regime’, the need to improve ’, the need to improve access to durable solutions by enhancing access to durable solutions by enhancing protection capacities in the regions of protection capacities in the regions of origin and the idea of an origin and the idea of an EU ressettlement EU ressettlement schemescheme was endorsed by the Council was endorsed by the Council

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How : ‘Regional Protection How : ‘Regional Protection Programme’ (RPP)Programme’ (RPP)

Pilot project to be proposed by July 2005 by the Pilot project to be proposed by July 2005 by the CommissionCommission

Important elements : RPP should be developed in Important elements : RPP should be developed in partnership with the countries concerned and in partnership with the countries concerned and in close coop. with UNHCR, linking with ‘Convention close coop. with UNHCR, linking with ‘Convention Plus’ and the ‘Agenda for Protection’ initiativesPlus’ and the ‘Agenda for Protection’ initiatives

Should focus on capacity building measures in Should focus on capacity building measures in regions of transit and / or of originregions of transit and / or of origin

Some confusion about the ultimate objectives of Some confusion about the ultimate objectives of the RPP. The 2004 Communication mentions that the RPP. The 2004 Communication mentions that ‘refugees should remain as close as possible to ‘refugees should remain as close as possible to their homes and their needs’. their homes and their needs’.

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2. Joint processing of claims 2. Joint processing of claims outside the EUoutside the EU

Context / background : UK, German Context / background : UK, German and Italian ideas to set up camps / and Italian ideas to set up camps / processing centers / migration processing centers / migration gateways outside the EUgateways outside the EU

The Hague Programme asks the The Hague Programme asks the Commission to conduct a feasibility Commission to conduct a feasibility study on this issuestudy on this issue

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The internal dimension : 3 The internal dimension : 3 aspectsaspects

The Hague Programme calls for :The Hague Programme calls for : - an evaluation by 2007 of the transposition - an evaluation by 2007 of the transposition

and implementation in MS of the first phase and implementation in MS of the first phase legal instruments. Monitoring is importantlegal instruments. Monitoring is important

- the setting up of ‘appropriate structures’ - the setting up of ‘appropriate structures’ for approximation of national practicesfor approximation of national practices

- a study on joint processing of asylum - a study on joint processing of asylum applications inside the EU applications inside the EU

End result : the creation of a CEAS by 2010. End result : the creation of a CEAS by 2010.

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The Hague ProgrammeThe Hague Programme

In June 2005, the Commission will In June 2005, the Commission will issue an Action Plan with will detail issue an Action Plan with will detail how to achieve the HP’ objectives.how to achieve the HP’ objectives.

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The Constitutional The Constitutional TreatyTreaty

New Treaty calls for a common policy on New Treaty calls for a common policy on asylum in line with 1951 Geneva asylum in line with 1951 Geneva Convention - based on the 5 Amsterdam Convention - based on the 5 Amsterdam blocks (no more ‘minimum’ standards)blocks (no more ‘minimum’ standards)

adds the possibility of adopting adds the possibility of adopting measures of partnership and cooperation measures of partnership and cooperation with third countries for the purpose of with third countries for the purpose of managing inflows of people applying for managing inflows of people applying for asylumasylum

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PART V- The PART V- The Fundamental Fundamental

Rights AgencyRights Agency

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THE FUNDAMENTAL RIGHTS THE FUNDAMENTAL RIGHTS AGENCYAGENCY

In December 2003, the Council decided to In December 2003, the Council decided to extend the mandate of the existing Vienna-extend the mandate of the existing Vienna-based European Monitoring Centre on based European Monitoring Centre on Racism and XenophobiaRacism and Xenophobia

A Communication on the mandate of the A Communication on the mandate of the future Agency was issued in October 2004 future Agency was issued in October 2004 and a consultative process with all actors and a consultative process with all actors started last summer. A legal basis for started last summer. A legal basis for creating the Agency should be issued before creating the Agency should be issued before the summer 2005.the summer 2005.

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THANK YOU FOR THANK YOU FOR

YOUR ATTENTIONYOUR ATTENTION