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INFO RUCNMEU/EU INTEREST COLLECTIVE
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UNCLAS SECTION 01 OF 03 BRUSSELS 001587 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREF PREL SMIG EUN
SUBJECT: EU MIGRATION PACT: WHAT'S IN, WHAT'S OUT 
 
¶1. Summary: EU heads of state are expected to approve the 
European Pact on Immigration and Asylum at the Oct. 15-16 
European Council summit.  Not a legally-binding document, the 
Pact gives overarching policy direction.  Member states will 
then pass national legislation to operationalize the goals of 
the Pact.  The Pact commits the EU to: sending illegal 
immigrants back to their home countries; attracting 
highly-skilled labor migrants through the new EU Blue Card; 
strengthening border protection; creating a uniform set of 
asylum regulations; and expanding development partnerships 
with migrant-sending countries.  Dropped from earlier drafts 
are integration contracts between immigrants and governments, 
bans on mass amnesties, and common asylum processing.  End 
summary. 
 
The Purpose of the Pact 
----------------------- 
 
¶2. The 27 EU heads of state/government are expected Oct. 
15-16 to approve the European Pact on Immigration and Asylum, 
a broad political statement outlining EU goals to restrict 
illegal immigration while simultaneously attracting legal, 
highly-skilled labor immigrants.  The Pact, which has 
undergone numerous iterations and has been significantly 
watered down from its original form, was one of the main 
goals announced by France at the start of its six-month EU 
Presidency.  Dismissed by some critics as "nothing new," the 
Pact pulls together numerous provisions previously approved 
by the EU in piecemeal fashion.  As a statement of political 
will, however, it puts the collective stamp of approval at 
the highest level (heads of state) on an overarching EU 
policy direction on migration, an area of sovereignty that 
member states historically have been reluctant to cede to the 
EU institutions.  The Pact is non-binding, which means that 
each of the 27 member states will now have to develop and 
implement its own enabling legislation.  EU Justice and Home 
Affairs ministers have approved the Pact twice (July and 
September), and heads of state are expected to approve it 
this week without objection. 
 
What's Out: Mass Amnesty Ban, Integration Contracts 
--------------------------------------------- ------ 
 
¶3.  One of the more controversial early provisions in the 
Pact was a French proposal to implement integration contracts 
between individual immigrants and the government of the 
receiving country.  Such a contract would have given the 
immigrant certain government benefits in return for a 
commitment to accept and embrace European values.  It was 
based on a French program, and French Minister of Immigration 
and Integration Brice Hortefeux traveled to several EU 
capitals to campaign for its inclusion.  Several member 
states, most notably Spain, opposed the idea and lobbied 
successfully for its removal. 
 
¶4.  The French also failed to gain unanimous support for a 
common asylum agency that would rule on asylum applications 
union-wide.  Germany was at the forefront of opposition to 
that provision.  Although the Pact still includes a new 
asylum agency, it will not have the power to make asylum 
decisions.  It will serve as an advisory agency for the 
member states, but cannot force them to accept asylum 
seekers.  In the final hours of negotiations at the September 
JHA Council, however, Malta succeeded in adding language that 
allows some burden-sharing of asylum applicants.  Malta, 
which has long complained about its inability to process the 
large numbers of immigrants who arrive at its shores, had 
previously obtained financial and technical support from the 
EU.  Now, however, the European Commission, in consultation 
with UNHCR, can facilitate voluntary and coordinated 
reallocation of asylum beneficiaries from one member state to 
another in instances where one member state is clearly 
receiving a disproportionate number of migrants. 
¶5.  Another controversial element in early drafts of the Pact 
called for bans on mass amnesties or regularizations of 
illegal immigrants.  Spain, in particular, has come under 
fire from other EU member states for regularizing the status 
of some 600,000 illegal immigrants in recent years, many of 
whom then migrate further within the EU.  Both Spain and 
Italy opposed bans on amnesties, saying they are important 
tools for governments faced with large undocumented 
populations.  Instead of a ban on amnesties, the final Pact 
says that all immigration decisions must be made on a 
case-by-case basis.  In terms of tone, the final document 
also reflects a softening from its original version.  The 
first draft of the Pact included a quote from Nicolas Sarkozy 
stating, "Europe does not have the means to welcome with 
dignity all those who see it as an Eldorado," but this was 
downgraded to, "The European Union, however, does not have 
the resources to decently receive all the migrants who hope 
to find a better life here." 
 
BRUSSELS 00001587  002 OF 003 
 
 
Critics Fear Fortress Europe 
---------------------------- 
 
¶6.  Even with these changes, the Pact was not well received 
in all quarters.  The reaction from Africa was one of 
concern.  Le Pays, a newspaper in Burkina Faso said "we 
thought the time of walls was over, but we did not count on 
the strong desire of Europe to protect itself against the 
'threat' of illegal immigration."  Raddho, a Senegalese NGO 
for human rights, was concerned the Pact "will accentuate the 
vulnerablity and the criminalization of immigration and 
asylum rights."  CIMADE, an immigrant righs group, said the 
Pact was based more on Euroean security concerns than on 
human rights, or economic needs.  The Centre for European 
Policy Studies (CEPS) is also critical of the document, 
claiming the Pact does not add anything new to European 
immigration policy.  It also complains the Pact does not even 
mention the Commission's proposal on a Common Framework of 
Rights, and has few references to the rights and liberties of 
third country nationals.  Finally, CEPS claims the Pact 
prioritizes national competence over EU competence in 
relation to immigration and asylum. 
 
What's In: Send Illegals Home, Attract Skilled Workers 
--------------------------------------------- --------- 
 
¶7.  The Pact begins with a preamble stating the inevitability 
of migration, and its importance to the economic growth of 
the European Union, as well as to the migrants and their home 
nations.  It states that while the EU is committed to forging 
close partnerships with countries of origin, transit and 
destination, it does not have the resources to receive 
everyone who seeks a better life here.  Therefore, the EU 
will focus on Europe's reception capacity in terms of labor 
market, housing, health, education and social services, and 
providing protection against possible exploitation by 
criminal networks.  Jean-Christophe Peaucelle, the Head of 
the French European Affairs Office, said the preamble is 
intended to remind the reader of the values of the EU.  After 
this preamble, the Pact has five sections setting out basic 
commitments for EU migration policy. 
¶8.  The first section asks the EU to organize legal 
immigration, taking account of the priorities, needs, and 
reception capacities of each Member State as well as 
encouraging integration.  The Council recognizes that the 
member states have the power to set the conditions of 
admission for migrants, but it will continue to encourage 
member states to devise uniform policies for economic 
migration as well as increasing the attractiveness of the EU 
for highly qualified workers, and giving priority to 
temporary, or circular migrants to help combat "brain drain." 
 A key aspect of this is the new EU Blue Card which will 
provide legal status for highly-skilled workers.  Finally, 
the Council will encourage member states to "promote 
harmonious integration in host countries of immigrants who 
are likely to settle permanently."  This integration should 
include promotion of language skills, respect for national 
identities, and fundamental values such as human rights, 
freedom of expression, tolerance, and equality between men 
and women. 
¶9.  The second section asks the EU to control irregular 
immigration by ensuring the return of undocumented aliens to 
their countries of origin.  The Council will try to foster 
greater cooperation between the EU and countries of origin to 
control illegal migration.  This will include readmission 
agreements, and law enforcement agreements to combat 
trafficking operations.  In addition, the Council will 
encourage member states to return illegal immigrants 
currently in the EU, and to recognize return orders made by 
other member states. 
¶10.  The third section calls on the EU to make border 
controls more effective.  The Council will require biometric 
visas for entry into the EU by January 1, 2012.  In addition, 
the Council wants to improve cooperation among consulates 
issuing visas into the EU.  The Council also agreed to deploy 
modern technology to help protect the border, and provide 
Frontex (the EU border security coordination agency) with the 
necessary resources to fulfill its mission of coordinating 
border control among member states. 
¶11.  The fourth section asks the EU to synchronize EU asylum 
regulations. The Council states it is committed to providing 
the protection required under the 1951 Geneva Convention and 
the 1967 New York Protocol for persecuted foreigners.  While 
respecting the rights of the individual member states to make 
decisions regarding asylum or refugee status, the Council 
hopes to establish a system that will harmonize the asylum 
policies of the member states.  The Council will establish, 
by 2009, a European support office to "facilitate the 
exchange of information, analyses and experience among member 
states."  This office will not have the power to examine 
applications for asylum; it will only be available to 
 
BRUSSELS 00001587  003 OF 003 
 
 
coordinate national practices, procedures, and decisions on 
asylum and refugees.  This is one of the few actual requests 
for EU action in the Pact.  However, most commentators have 
noted that the new agency would have little power, and would 
still leave all asylum decisions to the member states.  The 
Council will also ask the Commission to present proposals for 
establishing a single asylum procedure in 2012.  This is a 
change from the original goal of having a single asylum 
system by 2010, a deadline the Council now believes is too 
ambitious. 
¶12.  The fifth section asks the EU to create a comprehensive 
partnership with the countries of origin and transit to 
encourage "synergy" between migration and development.  The 
Council reaffirms its commitment to the Global Approach to 
Migration, and as such will work to conclude EU-level, or 
bilateral agreements with countries of origin to help 
facilitate legal migration, and returns for illegal 
migration.  In addition, the Council will try to provide 
capacity-building programs for countries of origin to help 
prevent or deter illegal migration to the EU. 
¶13.  Jean-Christophe Peaucelle offered an explanation of the 
Pact at the Informal JHA Troika on July 30.  He described the 
Pact as a political commitment, not a legal agreement, that 
represents a new "EU consensus" on how to approach 
immigration holistically and in cooperation with source and 
transit states for immigrants.  He said the Pact allows 
member states to make their own rules, but sets out a 
guideline to encourage a community-wide view of immigration. 
The Pact reflects EU values such as dignity of the 
individual.  While the EU will leave the legislation to the 
member states, the Council and Commission will strengthen 
Frontex's border protection capabilities and create an asylum 
support office to help member states with coordination of 
asylum claims as well as fostering agreements with third 
countries to create better cooperation to encourage legal 
immigration and fight illegal immigration.  The EU Council 
will use the Pact as a starting point to harmonize EU 
migration law through better cooperation among Member States 
and between the EU and third countries, and serve as a guide 
for the "Post-Hague" Program of Justice and Home Affairs 
priorities to be negotiated in 2009. 
MURRAY 
.