Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-02-03-Speech-2-325"
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"en.20090203.21.2-325"2
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Mr President, as Mr Vondra has just pointed out, we now indeed have a legal framework which is beginning to assert itself. It has made its presence felt first by the Return Directive, which is the first horizontal document to harmonise return standards in the Member States. It brings into Community law the applicable provisions of the European Convention on Human Rights and its implementation will allow the application of Community control mechanisms for checking compliance with the
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I now turn to Mayotte. Whilst the Return Directive includes specific rules on detention conditions, with the emphasis especially on minors and families, these Community rules do not presently apply on the territory of Mayotte. The European Union recognises the territory of Mayotte as French, but it has the status of an overseas country or territory, not an outermost region. Therefore, private law does not apply, although it is true that France has to take into account the remarks and requests of the Council of Europe and I believe that the French authorities are currently looking at other reception conditions in Mayotte. That said, it is true that European law is not properly applicable, as Union law is not directly applicable in a territory that is not an outermost region.
Those are the remarks I wished to make to you. Once again, let me say to Parliament that the conditions for receiving illegal immigrants, particularly asylum seekers, are receiving my full attention and they really are a priority for me. That is why I will be making these visits to see how things are working on the ground.
I would like, in any case, to thank Parliament for having opened this debate.
I am well aware, however, that some of you find this directive insufficient. For me, though, it constitutes a Community control resource that can be used for checking compliance with the
. Of course, by monitoring its implementation, and let me remind you that the time limit for transposition is 24 December 2010, the Commission will ensure the strict observance of the fundamental principles as regards respect for the rights of migrants and it will assess, in particular, the impact of the provisions on detention.
I have myself said that I will monitor the transposition closely to ensure that no Member States use it as a pretext to extend the detention periods to which they currently adhere. Others, who had unlimited detention, will be expected to comply with the time limits set out in the directive.
The second text on which we will base our actions is that adopted by the Commissioners on 3 December 2008 on accommodation conditions for asylum seekers. I hope, Mr Deprez, that the Committee on Civil Liberties, Justice and Home Affairs might examine this text in the near future so that we can make progress with this new policy on asylum.
I would point out that this text includes clear rules on detention, in full compliance with the fundamental rights, and limits detention to exceptional cases. We are, of course, talking here about asylum seekers. Secondly, it takes greater account of the needs of vulnerable asylum seekers and will make it easier for them to gain access to the jobs market. We therefore now have a legal framework and it must, of course, be put to use.
I now turn to the questions that Parliament wanted to raise in this debate. The Commission is aware of the difficult situation facing the Italian authorities with the mass arrivals of illegal immigrants and asylum seekers on that country’s southern shores, in particular, on Lampedusa. Up to now, Italy has been able to give access to its territory, saving the lives of many migrants, whilst introducing a procedure which can be used to examine requests for asylum in appropriate conditions. The Commission also notes that Italy has recognised a need for international protection in half of all individual cases, thus showing that in these flows, there are asylum seekers alongside the illegal immigrants.
For several years, the Commission has been finding the financial resources to support some Member States, including Italy. This is the case with the Presidium project and the European Refugee Fund emergency measures. In addition, a few weeks ago, the Commission approved emergency aid of EUR 7 million.
If Italy thinks it necessary, the Commission is ready to examine a new request for emergency aid from the 2009 budget to improve the reception structures on Lampedusa, in Sicily and on the mainland, thus increasing the Italian authorities’ ability to examine the individual situations of migrants in appropriate conditions. I will soon be going to Lampedusa, as well as to Malta, to examine the situation on the ground.
I am also well aware that one of the keys to the solution is the establishment of a solid framework for cooperation with Libya, the main country of transit on the migration routes from East Africa. I am relying on the efforts of Mrs Ferrero-Waldner to achieve a quick result in the current negotiations. That is indeed one of the keys and unless this negotiation is completed, it will be very difficult to confront all of the problems we face."@en1
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