Raad Justitie en Binnenlandse Zaken bespreekt Schengenzone en Arabische vluchtelingen (en)

The EU’s interior ministers i gathered in Brussels, on 24 February 2011, to look at ways of preventing Arab refugees from flooding Europe. They acknowledged that this is not only a problem for member states in Southern Europe, but also for the entire EU. They adopted the Hungarian Presidency i’s communication, supporting the accession of Romania and Bulgaria to the Schengen Area i.

The Council endorsed Presidency conclusions on the accession of Romania and Bulgaria to the Schengen Area. The document mentions the efforts demonstrated by both countries, in order to join the common border control system.It states that Romania has finished the technical preparations, but an assessment chapter is left open for Bulgaria.The deficiencies in Bulgaria’s preparation, will be reviewed in 2011 March.The communication stresses the need to maintain the accession impetus, and notes once again that after all conditions have been met, the accession of Romania and Bulgaria to join the Schengen Area, will remain a priority for the Hungarian Presidency; and the Presidency will continue to cooperate with member states, to find a solution which is acceptable to all parties.

Romania’s and Bulgaria’s accession to the Schengen Area is still a priority

At the press conference following the Council meeting, Home Minister, Sándor Pintér, said “We should identify the requirements to be fulfilled by the two countries, in addition to their technical compliance with the Schengen conditions,” only after the Sch-eval Commission’s supplementary inspection in Bulgaria in March. Mr Pintér hoped that if Romania and Bulgaria answered the questions from Germany, France, and other member states, then they can join the Schengen Area.

Romania’s and Bulgaria’s accession to the Schengen Area was planned for 2011 March, but the last assessment mission in 2010 December, found deficiencies at Bulgaria’s southern land border. However, the two countries can only join the Schengen Area together (according to their agreement), because they did not develop surveillance systems, along their common borders that are in compliance with the Schengen system.

New political requirements

What makes this issue even harder, is that France and Germany, and some other member states, not only set technical but also political requirements in order for Romania and Bulgaria to join the Schengen Area: to reduce corruption and to reform their judicial systems.

In an interview to the Presidency’s official website, Hungarian Home Minister, Sándor Pintér, said that it is unfortunate to set new conditions on the fly. “We think it is unfortunate to make the decision on accession subject to new conditions besides the Schengen criteria, which were unknown at the time of the application and assessment”, he said.

Pintér: “The meeting was clearly held in the spirit of helpfulness and solidarity"

At the press conference, Mr Pintér called the assessment of the North African events a key topic of the Council’s meeting.“The meeting was clearly held in the spirit of helpfulness and solidarity.We found that this is not primarily a problem for Southern Europe, but for all Europe and the world”, the Hungarian Home Minister said.

The Hungarian Presidency placed the issue of the North African wave of refugees, on the agenda of the Home Affairs Council, after Italy officially asked for help from Frontex i, the EU’s external border protection agency, on 15 February. Italy first declared a state of crisis due to the Tunisian refugees. Then, after the Libyan events, Italian Foreign Minister, Franco Frattini i, stated that as many as 200-300 thousand refugees may flood into Italy, and asked for the EU’s help on 22 February.The Hungarian Presidency calls for common action, and solidarity transparency, and for a set of specific offers to be made.

The Commission announced already before the meeting of the Home Affairs Council, that it will resort to the European Refugee Fund, and External Borders Fund. The funds and assets offered by member states will enable common efforts, organised and coordinated by Frontex.

There is no significant migratory pressure

The Hungarian Presidency called on member states to see in what other ways they could share the increased pressures, which are weighing heavily on Italian authorities.

“Several member states have offered support, and the Presidency has launched the Civil Protection Mechanism. These steps will allow us to handle the events in the future”, Mr Pintér told the press conference.

“One of the main issues is to keep refugees in Libya and prevent their influx into Europe”, said Mr Pintér. He mentioned the option of taking care of refugees at the Libyan-Tunisian and Libyan-Egyptian border, so they will not need to go into Europe.

The Hungarian Minister noted at the press conference, that Libyan refugees are still heading to both neighbouring Arabic countries, rather than Europe.“At the moment, there is no significant migratory pressure which cannot be solved. We hope that if the political problems are solved quickly, then the migratory pressure will not be an issue.”

EU-Turkey re-admisson agreement

Ministers of the Interior, adopted the draft re-admission agreement, which Turkey is now negotiating with the European Commission. After completion of the negotiations, the Council will have to make a decision by qualified majority, and the Parliament’s consent will also be needed to sign the agreement. The agreement is meant to regulate the conditions of returning people to Turkey, if they are not entitled to stay in the EU.

To date the EU has signed readmission agreements with 12 countries, including eight Eastern and Southern European and four Asian countries.

The Greek Minister of the Interior, and the Commission, gave an account of the Greek national action plan on the reform of immigration, and asylum affairs.

The Ministers of the Interior heard the Commission’s plans on the follow-up mechanism to be introduced in the West Balkan countries that participated in the visa liberalisation process. As part of the follow-up mechanism, the Commission would monitor the reforms these countries need to carry out. It would also prescribe emergency consultations between the EU and the countries concerned, in case any unforeseen difficulty arises when people from the West Balkans enter the EU.

Passenger Name Records

The Ministers of the Interior examined the Commission’s draft directive i on Passenger Name Records (PNR). In this arrangement, all member states should use the PNR system, to keep record of the data of passengers that cross the EU’s external borders. The directive creates a unified EU standard for the use of passenger data. So far, a number of member states have kept some kind of a record, of air passenger data, but their practices are still varied. Such records are vital to act on international terrorism. The USA, Canada and Australia even demand such data under a treaty with the EU. At present, the treaties are being re-negotiated.