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EU Roundup: Visa “facilitation”, European Arrest Warrants 2005, “Check the Web” and the “principle of availability”
01 March 2006
"Visa facilitation" - bribe to non-EU states to agree readmission agreements
At a meeting of COREPER (the permanent Brussels-based committee of high-level representatives of the 25 EU governments) on 20 December 2005 a position was adopted on a "Common approach on visa facilitation" setting out the line to be taken by member states (EU doc no: 16030/05).
"Visa facilitation" is a euphemism for bribing non-EU (especially third world) countries into agreeing to readmission agreements - that is, to take back anyone an EU state decides it wants to deport. The document has not been made public.
See background: Statewatch News Online: October 2002: EU seeking readmission (repatriation) agreements with 11 countries.
It appears that COREPER adopted this "Common approach" for the Council of the European Union to "avoid a piecemeal response" to "pressures from third countries". EU governments are reminded that a:
Community visa facilitation agreement takes precedence over any bilateral agreement between one or more Member States and the third country (Point 9)
"Visa facilitation" is described as the "simplification of visa issuing procedures for nationals of third countries who are under visa obligation" - that is, those from the all the countries in the world on the EU's "black" list who cannot enter without a visa.
The intention of the EU is bluntly stated:
In principle, a visa facilitation agreement would not be concluded if no readmission agreement were in place (Point 4)
Further:
the existence of a readmission agreement.. does not automatically or routinely lead to the opening of negotiations on a visa facilitation agreement
Moreover, the EU will make:
use of other instruments to achieve the conclusion and implementation of a readmission agreement, eg political, economic, commercial or development policy related
Even before negotiations are opened on visa facilitation other "factors" come into play such as:
issues in the area of justice, freedom and security (e.g. border management, document security, migration and asylum, fight against terrorism, according to the standard counter-terrorism clause agreed by COREPER on 6 March 2002, organised crime and corruption); and security concerns, migratory movements.
Those to be returned/deported include refugees, rejected asylum applicants, those who have transited the country in question and stateless people who came from it.
European Arrest Warrant - for the year 2005
The compilation by the Council of the European Union of the practices of EU member states following legislation is rare and when it does happen the reports are not usually made public. It might be remembered that the European Arrest Warrant (EAW) was one of the two measures rushed through following 11 September 2001. In May the Council prepared a report on the "practical operation of the European Arrest Warrant - Year 2005" but, although listed on the Council's register of documents, it is not accessible to the public.
The report is based on replies by member states to a questionnaire with responses from 12 states - though it should be remembered that proceedings may be ongoing in other cases.
The first question asks how many EAWs were issued in 2005:
Poland 1,448
Netherlands 373
UK 131
Italy 121
Finland 86
Slovenia 81
Denmark 64
Slovakia 56
Latvia 44
Estonia 38
Ireland 29
Malta 1
How many arrest warrants resulted in the effective surrender of the person sought?
Poland 112
Italy 57
UK 43
Finland 37
Netherlands 30
Denmark 19
Slovakia 14
Slovenia 10
Latvia 10
Estonia 10
Ireland 6
Malta -
How many arrest warrants have been received by your member state in 2005?
UK 5,986
Netherlands 434
Poland 218
Italy 69
Ireland 67
Denmark 33
Slovakia 33
Latvia 31
Slovenia 29
Estonia 25
Finland