PUBLIC COUNCILOF THEEUROPEANUNION. Brusels,22July /03 LIMITE ASIM 48 RELEX 304 LIBYE 2

Similar documents
Draft Council Conclusions on initiating dialogue and cooperation with Libya on migration issues

COUNCIL OF THE EUROPEAN UNION. Brussels, 4 April /05 LIMITE ASIM 12 RELEX 143 LIBYE 1

11836/17 PC-JNG/es 1 DGD 1B LIMITE EN

EN 1 EN ACTION FICHE. 1. IDENTIFICATION Title/Number. Support to the Libyan authorities to enhance the management of borders and migration flows

WORKING PAPER. Brussels, 17 September 2018 WK 10084/2018 REV 1 LIMITE ASIM JAI RELEX

I. THE UNITED KINGDOM AND THE EUROPEAN UNION

Migrants Who Enter/Stay Irregularly in Albania

COUNCIL OF THE EUROPEAN UNION. Brussels, 2 April 2014 (OR. en) 8443/14 ASIM 34 RELEX 298 DEVGEN 79

COUNCIL OF THE EUROPEAN UNION. Brussels, 21 September /09 ASIM 93 RELEX 808

International Organization for Migration (IOM) Migrant Smuggling as a Form of Irregular Migration

Malta Declaration by the Members of the European Council. on the external aspects of migration: addressing the Central Mediterranean route

Exchange Visit to Measures to Address Return and Reintegration of Migrants Returned from the EU France, Netherlands & Belgium October 2016

COMMISSION IMPLEMENTING DECISION. of XXX

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL DECISION

DG MIGRATION AND HOME AFFAIRS (DG HOME)

EUROPEAN UNION. Brussels, 11 October 2013 (OR. en) 2011/0427 (COD) PE-CONS 56/13 FRONT 86 COMIX 390 CODEC 1550

HOW DOES THE EU COOPERATE WITH AFRICA ON MIGRATION?

EU: European Commission technical mission to Libya: exporting Fortress Europe

Recent developments of immigration and integration in the EU and on recent events in the Spanish enclave in Morocco

Delegations will find in the Annex the Council conclusions on Libya, adopted by the Council at its 3516 th meeting held on 6 February 2017.

EU MIGRATION POLICY AND LABOUR FORCE SURVEY ACTIVITIES FOR POLICYMAKING. European Commission

Recommendation for a COUNCIL DECISION

LIMITE EN COUNCIL OF THE EUROPEAN UNION. Brussels, 19 March /1/09 REV 1 LIMITE ASIM 21 RELEX 208

States Obligations to Protect Refugees Fleeing Libya: Backgrounder

Joint Statement Paris, August 28, Addressing the Challenge of Migration and Asylum

16 December 2010 EU-REPUBLIC OF MOLDOVA VISA DIALOGUE ACTION PLAN 1. GENERAL FRAMEWORK Background

EN 4 EN ACTION FICHE FOR MIGRATION AND ASYLUM SPECIAL MEASURES 2008 ANNEX. 1. IDENTIFICATION Title/Number

Proposal for a COUNCIL DECISION

Table of contents United Nations... 17

ISTANBUL MINISTERIAL DECLARATION on A Silk Routes Partnership for Migration

PUBLIC COUNCILOF THEEUROPEANUNION. Brusels, 23April /1/12 REV1 LIMITE MIGR 39 FRONT 56 COSI 19 COMIX 237 NOTE

ZACATECAS DECLARATION 15 October 2004

Legal migration and the follow-up to the Green paper and on the fight against illegal immigration

Proposal for a COUNCIL DECISION

The Dynamics of Migrant Smuggling in North Africa: Focus on the Central Mediterranean Route

Taking action on the Central Mediterranean route Managing flows, saving lives. Malta Summit 3 February 2017

THE EU S GLOBAL ENGAGEMENT TO COUNTER SMUGGLING AND TRAFFICKING NETWORKS

Libya s Migrant Report

Revised EU-Ukraine Action Plan on Freedom, Security and Justice. Challenges and strategic aims

INTERCEPTION OF ASYLUM-SEEKERS AND REFUGEES THE INTERNATIONAL FRAMEWORK AND RECOMMENDATIONS FOR A COMPREHENSIVE APPROACH

VISA LIBERALISATION WITH KOSOVO * ROADMAP

PUBLIC. Brusels,17December2013 (OR.en) CONFERENCEONACCESSION TOTHEEUROPEANUNION MONTENEGRO AD18/1/13 REV1 LIMITE CONF-ME14

Asylum and Migration Fund ( ) Martin Schieffer DG HOME

Ouagadougou Action Plan to Combat Trafficking In Human Beings, Especially Women and Children

(7) AFRICA-EU PARTNERSHIP MIGRATION, MOBILITY AND EMPLOYMENT

10953/09 ADD3 IB/id 1 DG H

Submission by the United Nations High Commissioner for Refugees. For the Office of the High Commissioner for Human Rights Compilation Report

TRAFFICKING IN HUMAN BEINGS Country report of Ireland Report to the Informal Group on Gender Equality and Anti-Trafficking

COMMISSION OF THE EUROPEAN COMMUNITIES COMMUNICATION FROM THE COMMISSION TO THE COUNCIL

UNODC Contribution to International Efforts to Address the Smuggling of Migrants across the Mediterranean

PUBLIC COUNCIL OF THE EUROPEAN UNION. Brussels, 19 November /5/09 REV 5 LIMITE CRIMORG 103 JAIEX 49 RELEX 618 JAI 432 NOTE

Council of the European Union Brussels, 3 December 2018 (OR. en)

COMMISSION STAFF WORKING DOCUMENT. Best practices on the implementation of the hotspot approach. Accompanying the document

ACP-EU JOINT PARLIAMENTARY ASSEMBLY

Migration policy of Morocco: The role of international cooperation

PREAMBLE THE KINGDOM OF BELGIUM, THE REPUBLIC OF BULGARIA, THE CZECH REPUBLIC, THE KINGDOM OF DENMARK, THE FEDERAL REPUBLIC OF GERMANY, THE REPUBLIC O

Consiglio dell'unione europea Bruxelles, 18 aprile 2016 (OR. en)

TECHNICAL SPECIFICATIONS

VISA LIBERALISATION WITH THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA ROADMAP

Trafficking of Human Beings within the Context of Turkey s Accession Process to the EU

MIGRATION INTEGRATION EMPLOYMENT THE ITALIAN EXPERIENCE IN THE EUROPEAN CONTEXT

Marrakesh Political Declaration

COMMISSION OF THE EUROPEAN COMMUNITIES

Smuggling of migrants the international legal framework

ADVANCE UNEDITED VERSION

EXTERNALIZATION OF EUROPEAN UNION SECURITY OUT OF EU BORDERS. A MYTH OR REALITY?

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS

COUNCIL OF THE EUROPEAN UNION. Brussels, 21 May /08 ADD 1 ASIM 39 COAFR 150 COEST 101

BRIEF POLICY. Drowned Europe Authors: Philippe Fargues and Anna Di Bartolomeo, Migration Policy Centre, EUI. April /05

ANNEX. to the COMMISSION IMPLEMENTING DECISION

COUNCIL OF THE EUROPEAN UNION. Brussels, 13 November 2003 (Or. fr) 14766/03 Interinstitutional File: 2003/0273 (CNS) FRONT 158 COMIX 690

2009 OCTOBER DECLARATION ON TRAFFICKING IN HUMAN BEINGS. Towards Global EU Action against Trafficking in Human Beings.

Trafficking in Human Beings

7206/16 MC/ml 1 DG D 1B RESTREINT UE/EU RESTRICTED

LIMITE EN COUNCIL OF THE EUROPEAN UNION. Brussels, 23 April /1/12 REV 1 LIMITE MIGR 39 FRONT 56 COSI 19 COMIX 237 NOTE

Economic and Social Council

REAFFIRMING the fact that migration must be organised in compliance with respect for the basic rights and dignity of migrants,

Council of the European Union Brussels, 27 January 2017 (OR. en) Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union

The Central Mediterranean - Alleviating the pressure Implementation Plan

The Danish Regions of Origin Initiative. Part 1 Strategic Framework

7485/12 GK/pf 1 DGH 1B

CRC/C/OPSC/CHE/CO/1. Convention on the Rights of the Child. United Nations

Research paper. Results of the survey on the Situation in the Mediterranean and the need for a holistic approach to migration

Informal Meeting of the Justice and Home Affairs Ministers. Nicosia, July 2012 DISCUSSION PAPER SESSION I (23/07/2012)

External dimensions of EU migration law and policy

JAI.1 EUROPEAN UNION. Brussels, 8 November 2018 (OR. en) 2016/0407 (COD) PE-CONS 34/18 SIRIS 69 MIGR 91 SCHENGEN 28 COMIX 333 CODEC 1123 JAI 829

Proposal for a COUNCIL DECISION

COUNCIL OF THE EUROPEAN UNION. Brussels, 29 October /09 JAIEX 79 RELEX 981 ASIM 114 CATS 112 JUSTCIV 224 USA 93 NOTE

Official Journal of the European Union. (Acts whose publication is obligatory)

Recommended Principles and Guidelines on Human Rights and Human Trafficking (excerpt) 1

ANNEX. to the COMMISSION IMPLEMENTING DECISION

DISPLACEMENT TRACKING MATRIX (DTM) LIBYA FLOW MONITORING POINT STATISTICAL REPORT #7 9,321. Niger, Egypt, Nigeria. Libya, Italy, Germany 11,229 1,207

2nd Ministerial Conference of the Prague Process Action Plan

ANNEX ANNEX. to the COMMISSION IMPLEMENTING DECISION

MECHELEN DECLARATION ON CITIES AND MIGRATION

UNHCR PRESENTATION. The Challenges of Mixed Migration Flows: An Overview of Protracted Situations within the Context of the Bali Process

COMMISSION OF THE EUROPEAN COMMUNITIES

Resolution adopted by the Human Rights Council on 22 June 2017

VISA LIBERALISATION WITH SERBIA ROADMAP

European Union. Third informal thematic session on. International co-operation and governance of migration in all its dimensions,

Transcription:

ConseilUE COUNCILOF THEEUROPEANUNION Brusels,22July2003 11694/03 LIMITE PUBLIC ASIM 48 RELEX 304 LIBYE 2 "I"ITEMNOTE from: GeneralSecretariat to: PermanentRepresentativesCommitee Subject: MisiontoLibyafocusedonilegalimmigration - Termsofreference 1. On16June2003,theCouncilagreedthatapurelytechnicalfolow-upmision,tothe exploratorymisionconductedbythecommisionservicesin May2003,wouldbesentto LibyatoexaminearangementsforcombatingilegalimmigrationandthattheCouncil's preparatorybodiesshouldpreparetermsofreferenceforthismision. 2. On25June2003,thePermanentRepresentativesCommiteeinvitedtheCommisionto presentadraftofthetermsofreferenceforthismision,tobediscusedbythehighlevel GrouponAsylumand Migration(HLWG). 3. ThedrafttermsofreferencedrawnupbytheCommisionServiceswereexaminedbythe HLWGon14July2003andfurtherdiscusedataCommisionexpertsmeetingon 18July2003.On22July2003,theJAICounselorsreachedagreementonthetextasitstands inannextothepresentdocument. 11694/03 DL/ks 1 DGHI EN

4. Having regard to the above, the Permanent Representatives Committee is invited to confirm the agreement on the annexed terms of reference for the mission to Libya focussed on illegal immigration. 11694/03 DL/ks 2 DG H I EN

ANNEX Terms of Reference Mission to Libya focussed on illegal immigration 1. General background In April 1999 at Stuttgart, the third Euro-Med Conference of Foreign Ministers agreed that Libya could become a full member of the Barcelona process as soon as UN Security Council sanctions have been lifted (they have been suspended in April 1999) and Libya has accepted the whole Barcelona acquis. In the meantime, Libya is a passive observer within the Barcelona process. The long-term objective of the EU policy towards Libya is and remains Libya's full accession to the Barcelona Process and adherence to the acquis. However, migration, and in particular tackling illegal immigration, has been identified by the Council of 16/17 November 2002 as a matter of high interest for which it was deemed essential to initiate cooperation. On 14 April 2003, the Council agreed that an expert mission should examine the situation concerning illegal immigration, and report back to the Council which will then evaluate the situation in the light of technical and political criteria. Consequently, and based on a request from the relevant Council group, the Commission services conducted an exploratory mission to Libya between 11 and 17 May 2003. This mission aimed to assess the willingness of the Libyan side to engage in possible cooperation with the European Union in the area of preventing and combating illegal migration and to explore possibilities for concrete cooperation. This Mission accomplished its main tasks. The Libyan authorities expressed a clear interest in cooperating with the EU and presented a list of possibilities for concrete cooperation. 11694/03 DL/ks 3

Following the exploratory mission, the Council of 16 June 2003 took note of a request by the Italian delegation that a follow-up mission be sent to Libya to examine arrangements for combating illegal immigration and agreed that the Council's preparatory bodies should prepare terms of reference for the mission. On 25 June 2003 the Committee of the Permanent Representatives of the EU Member States invited the Commission to present a first draft of the Terms of Reference for discussion in the High Level Working Group on asylum and migration. The mandate for this mission should be clearly defined. Both the EU and Libya share the understanding that the dramatic socio-economic situation, in sub- Saharan Africa, its situation in term of poverty and exclusion, and the lack of respect of fundamental human rights, was a root cause of illegal immigration, which needs to be addressed. This long term prospect needs to be kept in mind, while short and medium term steps can be taken to address the issue. Considering that at present there is no institutional framework for cooperation with Libya, the mission will bear in mind that no commitment can be taken on modalities for possible effective cooperation with Libya on migration, without further discussions within the EU. 2. Main mission objectives The main mission objectives are the following: A) To get an in-depth understanding of migration related issues in Libya. B) To identify concrete measures for possible cooperation between Libya and the EU in order to enhance Libya s capacity to fight illegal migration, in the broader context of a balanced approach on migration. The mission will also take the opportunity of interaction with Libyan officials in charge of issues related to migration to inform them on the Community immigration and asylum policy and on measures to integrate migration issues into the Community's external relations. 11694/03 DL/ks 4

It will also consider how to ensure an appropriate follow-up on possible EC-Libya cooperation on migration. 3. Detailed tasks In addition to explaining the Community immigration and asylum policy to Libyan officials, detailed tasks are the following, corresponding to the two main mission objectives: A. Description and assessment of the situation in the country regarding migration and illegal immigration in particular The mission will give specific attention to the assessment of the following elements: a) Description of the nature of the migration flows - Number of foreigners and composition of the foreign population in Libya and estimates of the number and nationalities of the people coming into Libya legally and illegally in recent years - Number of nationals leaving the country for short/long period - Main causes for migration towards Libya - Main countries of origin and transit for Libya - Main countries of (final) destination - Description of the main travel routes used by migrants that pass through Libya - Modus operandi of trafficking and smuggling networks b) Legal and regulatory framework - Situation as regards the signing, ratification and application of the United Nations Convention against Transnational Organised Crime of December 2000, the Protocol to Prevent, Suppress and Punish Trafficking in persons and the Protocol against the Smuggling of Migrants by Land, Sea and Air and other relevant international instruments for migration management and fighting illegal immigration in particular 11694/03 DL/ks 5

- Domestic legislation in place with regard to legal migration (including rules on admission and residence) and the smuggling and trafficking in human beings (in particular those measures mentioned in the Palermo Treaty on Organised Crime and its two Protocols on smuggling and trafficking such as maritime and land border controls and security and control of travel documents and visas) - Domestic legislation on asylum - Conditions for citizenship - Inventory of the international agreements between Libya and third countries relevant to legal and illegal migration c) Institutional framework, procedures and policies - Description of the institutional framework, authorities and agencies involved in migration and asylum management (staff, qualification of the staff, working methods, equipment and management capacity). - Description of the Libyan migration and asylum policies Particular attention will be paid to: - Handling of incoming migrants, legal and illegal, and asylum seekers - Return policies, transit of returnees and detention, repatriation procedures - Maritime, air and land border controls, security and control of travel documents and visas - Description of the international cooperation on border controls (joint patrols of Libyan and neighbouring countries, exchange of information) - Description of the methods of data collection, observation and analysis of migratory phenomena (technical capacity, equipment) - Description of the existing cooperation programmes at bilateral and regional level. 11694/03 DL/ks 6

B. Exploring concrete measures for possible cooperation On the basis of the discussions with the Libyans and the assessment of the situation as regards migration and in particular illegal immigration, the mission will identify the technical objectives, priority areas and measures for possible EC-Libya cooperation in the following areas: legislation improvement, institutional building, training and capacity building, improvement of the infrastructures and equipment, improvement of border management (air, land, sea), exchange of information. Possible measures for preventing and combating illegal immigration between Libya and the EU, in a sub-regional context and in particular with Libya s neighbouring countries in the South will receive attention, while understanding the context of this approach as described above. 4. Expected output of the mission With the active support of all the participants to the mission, the Commission services will produce a report within four weeks after the finalisation of the mission and present it to the Committee of the Permanent Representatives of the EU Member States. This report will contain an assessment of the Libyan situation as regards migration and in particular illegal immigration, as well as a description of the needs and the concrete cooperation measures that could be envisaged in order to support Libya in its effort to prevent and combat illegal migration. It will contain a summary of main technical objectives, priority areas and possible measures presented as a coherent programme. The results of the mission will be subject to further deliberations in the framework of the European Union in order to ensure a proper follow-up to this mission. 11694/03 DL/ks 7

5. Logistics and timing of the mission 1. The mission will be composed of: - the Commission services (Directorate-General External Relations and Directorate General Justice and Home Affairs) - interested Member States, participating fully at expert level - EUROPOL 2. The expert mission will be led by the Commission. 3. The mission programme and its Terms of reference will be agreed between Libya and the European Commission services prior to departure. 4. The mission participants would appreciate to have the opportunity to meet at least with the following authorities and persons: - Head of External intelligence and Security Services, - Ministry of Justice and Public Security, - Ministry of Foreign Affairs. 5. The visit of the following locations is suggested to be part of the mission programme: - Ghat (Algerian/Niger border) - Kufra (Border with Egypt) - Al Awyanat (Sudan-Egyptian border) - As Sarah (Chad border) - Zuwarra (West coast) - Zliten (East coast) - Misrata (East coast) - Tripoli airport 11694/03 DL/ks 8

6. Libya will be responsible for the travel arrangements in the country. 7. Each member of the mission takes care of his travel expenses. 11694/03 DL/ks 9