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RR RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHBS #1165/01 2111104
ZNR UUUUU ZZH
R 291104Z JUL 08
FM USEU BRUSSELS
TO RUEHC/SECSTATE WASHDC
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEAWJA/DOJ WASHDC
RUEHGV/USMISSION GENEVA

UNCLAS SECTION 01 OF 03 BRUSSELS 001165 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: CVIS PREL PREF SMIG KCRM EUN
SUBJECT: EU SAYS PROTECTION OF IRAQI REFUGEES SHOULD BE PROVIDED IN 
REGION 
 
SUMMARY 
------- 
 
¶1.  EU Ministers in the July 24 JHA Council adopted conclusions on 
Iraqi refugees that underlined the priority of creating the 
conditions for refugees to go back home and included no call to take 
in more Iraqi refugees in the EU Member States.  The French 
Presidency reported on the drafting of a European Pact on 
Immigration and Asylum to be endorsed by EU leaders in mid-October. 
Ministers discussed plans to create a EU "blue card" setting 
conditions of entry and residency of non-EU nationals for the 
purposes of highly qualified employment.  They were split on 
proposals to impose EU-wide penalties on employers of illegal 
migrants but agreed on the principle of establishing a "European 
PNR" as well as on the method proposed by the Presidency for 
agreeing a specific piece of EU legislation in cooperation with the 
European Parliament.  Full text of Council conclusions has been 
transmitted to EUR/ERA and can be found on the EU Council website 
(http://consilium.europa.eu).  END SUMMARY. 
 
RESETTLEMENT OF IRAQI REFUGEES 
------------------------------ 
 
¶2.  The Council addressed the situation of Iraqi refugees, both in 
the EU Member States and the neighboring countries.  The question 
had already been raised at the JHA Council meetings in April and 
June 2008, when some ministers underlined that protection should 
continue to be provided primarily in the region itself.  French 
Immigration/Integration Minister Brice Hortefeux told a press 
conference that the German delegation reported on a recent visit to 
Berlin by an Iraqi delegation led by PM al-Maliki.  The Iraqi 
delegation had brought "some additional elements of information," 
which required a rewriting of the draft conclusions that had been 
prepared for this Council meeting.  While noting that some Member 
States already welcome Iraqi refugees within the framework of 
national resettlement programs, the final version of the Council 
conclusions said the priority was to create the conditions allowing 
Iraqi refugees to go back home and included no call for Member 
States to take in more refugees. 
 
¶3.  German Interior Minister Wolfgang Scha|ble, who had pressed 
colleagues earlier this year to provide shelter to Christians among 
refugees, told German reporters in Brussels the Iraqis were now 
calling on the EU "not to take additional initiatives which would be 
counterproductive to their efforts."  Scha|ble reported that the 
Iraqi authorities were working on convincing refugees to come back 
in order to rebuild the country.  Minister Hortefeux said the 
Council would revisit the issue in September.  Luxembourg 
Immigration minister Nicolas Schmit separately told reporters that 
Commission Vice-President Barrot was planning to visit the 
neighboring countries (Syria, Jordan) to get a better idea of the 
problem on the ground (no details of the visit available yet). 
 
IMMIGRATION AND ASYLUM PACT 
--------------------------- 
 
¶4.  Minister Hortefeux briefed the Council on ongoing work on a 
European Pact on Immigration and Asylum, which was the subject a 
broad agreement among ministers at their informal meeting in Cannes 
on July 7-8.  The draft Pact, a copy of which was circulated by USEU 
earlier this month, will be further reviewed at the September JHA 
Council with a view to endorsement by EU leaders at the mid-October 
European Council.  The draft Pact centers around five key 
commitments to be fulfilled by national and EU bodies: 
 
-- Organizing legal immigration on the basis of labor market needs 
and the reception capacities of each Member State, by attracting 
highly qualified workers and students, and promoting the integration 
of migrants; 
 
-- Combating illegal immigration by granting case-by-case 
regularizations, developing cooperation with countries of origin and 
transit, combating criminal networks involved in trafficking and the 
exploitation of illegal migrants; 
 
-- Making border controls more effective by developing biometric 
visas, setting up electronic recording of entry and exit, and 
reinforcing the EU borders control agency (Frontex); 
 
-- Developing a common asylum policy by establishing a European 
support office, a single asylum procedure and a uniform status for 
refugees; 
 
-- Promoting a comprehensive partnership with countries of origin 
and transit, developing a synergy between migration and 
development. 
 
¶5.  In reaction to criticism by Senegalese FM Cheikh Tidiane Gadio, 
Hortefeux told reporters the proposed Pact was not "a pact against 
 
BRUSSELS 00001165  002 OF 003 
 
 
Africa" but "a pact with Africa."  In Hortefeux's words, "It is a 
pact that is balanced and coherent, which promotes immigration that 
is selected and done in consultation, which means in partnership 
with countries where migrants are coming from." 
 
EU BLUE CARD 
------------ 
 
¶6.  The Council discussed a draft Directive setting conditions of 
entry and residency of non-EU nationals for the purposes of highly 
qualified employment.  This Commission proposal, tabled last year, 
is designed to introduce a flexible, fast track common procedure for 
the admission of highly skilled migrants into EU territory.  Under 
the proposed scheme, non-EU nationals admitted as highly qualified 
workers would receive a European "blue card."  At his press 
conference, Minister Hortefeux reported a broad measure of agreement 
to further work on the proposed scheme, based on three criteria for 
access by non-EU nationals:  a higher education qualification 
(involving at least three years' study), the pay level (Hortefeux 
conceded this would be difficult to define because of widespread 
differences among EU countries) and professional experience. 
Hortefeux specified that delegations pronounced in favor of 
introducing the "blue card" alongside national arrangements for 
issuing residence permits for employment purposes.  The "blue card" 
would "coexist with" but "not replace" the national schemes, he 
said. 
 
SANCTIONS AGAINST EMPLOYERS OF ILLEGAL MIGRANTS 
--------------------------------------------- -- 
 
¶7.  In a public debate, the Council discussed a draft Directive 
tabled by the Commission, which provides for a minimum harmonization 
of administrative, financial and criminal sanctions against 
employers of illegally staying non-EU nationals.  The Commission 
estimates there are up to 8 million illegal migrants in the EU-27. 
In essence, the Commission proposed that all Member States should 
impose penalties in their domestic legislation against the employers 
of those non-EU nationals, and apply sanctions effectively.  The 
debate revealed marked differences (generally on a North/South 
divide) on two questions on which the Presidency sought guidance for 
further work: 
 
-- Half the delegations, including all Mediterranean countries, 
backed the requirement for criminal sanctions against employers of 
illegal migrants.  Many others, led by Germany, Poland, Sweden and 
the Netherlands, resisted the idea.  Swedish Minister Billstrm said 
the EU should not have the power to recommend criminal penalties and 
should leave it up to Member States to decide how best to deter the 
exploitation of illegal workers; 
 
-- The draft's requirement for Member States to conduct checks in 
sectors most inclined to abuse (construction, hotels, farming) also 
caused differences.  Many delegations argued for a "qualitative" 
approach and resisted suggestions that the EU legislation should 
require them to carry out a minimum number of inspections at job 
sites.  German Interior Minister Scha|ble uttered a flat "nein," 
saying: "It's not the number that counts but the quality." 
 
EUROPEAN PNR 
------------ 
 
¶8.  Rather than engaging in negotiations on the details of the 
Commission proposal on the use of passenger name records by Member 
States' law enforcement authorities, the Presidency conducted a 
discussion on basic questions raised by plans to set up a passenger 
data recording system for commercial flights.  French Interior 
Minister/Council chair Alliot-Marie told a press conference the 
Council agreed on the principle of establishing a "European PNR" as 
well as on the method proposed by the Presidency.  This would be 
based on: 
 
-- A "thematic" approach:  working on "concrete problems" raised by 
the draft: geographical scope (flight to the EU or intra-EU 
flights), contents of the data, protection of the data, follow-up; 
 
-- The involvement of the European Parliament (EP), data protection 
authorities and professionals. 
 
¶9.  Taking questions, Alliot-Marie was "not in a position to 
prejudge" whether the European PNR would use the same data as those 
retained for the agreement with the U.S. or whether some other data 
could also be covered by the future EU scheme.  Asked why the EP 
will be associated with the drafting of the proposal (in contrast to 
the method used for the EU-U.S. PNR agreement), she said: "Because 
of my idea of democracy."  Commission Vice-President Jacques Barrot, 
who declared himself "favorably surprised" by the ministers' 
reactions, expressed hope that the Council could adopt the specific 
piece of legislation in 2009. 
 
 
BRUSSELS 00001165  003 OF 003 
 
 
SILVERBERG