EUROPEAN COMMISSION
DAILY NEWS
Brussels, 06 June 2023
Migration management: Toolbox to address the misuse of commercial transport for irregular migration to the EU
Today, the Commission is proposing new measures to address the increasing misuse of commercial transport by criminal networks facilitating irregular migration to the EU.
President von der Leyen announced ahead of the European Council in February that the Commission will complete work in the first half of 2023 on a targeted toolbox of measures to ensure that transport operators do not facilitate irregular migration, including through targeted outreach to transport operators. The European Council also called on the Commission and the Council to take forward relevant tools to address transport operators that engage in or facilitate human trafficking or migrant smuggling.
Through this toolbox, the Commission is supporting Member States with strategic measures, in three pillars: legislative, operational, and diplomatic. The goal is to address cases where transport means are misused to facilitate irregular migration to the EU, with a particular focus on airways.
The key actions are structured under three pillars:
Pillar one: The EU legal framework
In the toolbox presented today, the Commission calls for resuming and swiftly concluding the negotiations on the Regulation on measures against transport operators that facilitate or engage in trafficking in persons or smuggling of migrants in relation to illegal entry into the territory of the EU. These new rules will be key to reinforce the EU legal framework in this area. The Commission will also explore, together with the Member States, how the EU's Facilitators Package announced in the renewed EU action plan against migrant smuggling (2021-2025) can best be applied to transport operators that facilitate unauthorised entry and transit to the EU.
Legal measures also include the possibility to suspend or revoke the operating licence of an EU air carrier failing to meet good repute requirements under the relevant EU transport legislation or consider using existing EU Common Foreign Security Policy restrictive measures to target relevant transport operators facilitating irregular migration to the EU.
Pillar two: Situational awareness and early warning
Strengthening the use of the Blueprint Network and reinforcing its capacity is a priority to improve situational awareness on the use of transport operators to facilitate irregular migration to the EU. Cooperation and information exchange between the Commission, Frontex and Eurocontrol is also vital to monitor flights and gather data on emerging routes.
Once new rules on border management are approved, the exchange of information will be complemented by the usage of Advanced Passenger Information data. Supporting the EU neighbouring and transit countries to develop systems of travellers' intelligence will also increase situational awareness.
Pillar three: Engagement with partner countries and transport operators
Considering the importance and the attractiveness of the EU transport market, the EU has significant leverage with third-country transport authorities and operators and can play a key role in setting high transport standards globally, including in terms of developing measures to counter the misuse of commercial transport by criminal networks that facilitate irregular migration.
The EU will enhance its engagement with transport operators and authorities in third countries, especially in the aviation sector. This can also be kick-started by launching information campaigns on specific routes, establishing information exchanges and networks on recognising and reporting patterns of facilitation of irregular migration together with transport operators.
Providing training and guidance with EU support to authorities and personnel of air transport operators in non-EU countries is also one of the key actions. The EU can explore with partner countries posting liaison officers at key airports and using to the full extent other liaison officers - including European Migration Liaison Officers.
Engaging with the aviation industry, civil authorities and organisations – such as International Civil Aviation Organization, the International Air Transport Association – is another key action to raise awareness and develop international guidelines, contributing to an early warning system.
Next steps
This toolbox will contribute to discussions at the Justice and Home Affairs Council later this week and ahead of EUCO. The EU and the Member States will need to work jointly to ensure the effective implementation of the proposed measures.
Background
The use of commercial means of transport, mainly by air, to facilitate irregular migration to the EU has progressively emerged as a new modus operandi of smuggling networks. Criminal networks are increasingly taking advantage of commercial flights between third countries under various pretexts, such as visa-free policy regimes or apparent labour migration opportunities, to bring migrants to countries close to or bordering the EU, from where the migrants then seek to irregularly enter the EU.
In November 2021, the Commission proposed a Regulation on measures against transport operators that facilitate or engage in trafficking in persons or smuggling of migrants in relation to illegal entry into the territory of the EU.
The EU Action Plan on the Western Balkans of 5 December 2022 already proposed to consolidate an operational toolbox with measures targeting transport operators.
For More Information
Toolbox on measures targeting transport operators that facilitate irregular migration to the EU
Regulation on measures against transport operators that facilitate or engage in trafficking in persons or smuggling of migrants in relation to illegal entry into the territory of the EU.
Quote(s)
We were able to put a stop to the transit flights to Minsk during the Belarusian instrumentalisation attempt precisely because in transport policy, the EU is a heavyweight. We must be prepared to deploy the full range of the tools at our disposal to ensure transport operators working in the EU are not exploited by smugglers and traffickers.
Vice-President Margaritis Schinas - 06/06/2023
This toolbox is another important step in our fight against organised criminal networks responsible for migrant smuggling. We remain committed in making the EU along with our partners more prepared, resilient, and aware when it comes at dealing with these unfortunate attempts to cross our borders irregularly.
Ylva Johansson, Commissioner for Home Affairs - 06/06/2023
The global aviation community plays a key role in preventing irregular migration and we welcome the efforts it is already taking. With this Toolbox, we aim to further strengthen operational cooperation by bringing together and better coordinating the actions of transport operators, states and relevant international organisations.
Adina Vălean, Commissioner for Transport - 06/06/2023
Misuse of commercial transport for irregular migration
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Contacts for media
· Anitta HIPPER
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Mail
anitta.hipper@ec.europa.eu
· Fiorella BELCIU
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· Andrea MASINI
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andrea.masini@ec.europa.eu
Migration routes: Commission proposes new Action Plan for the Western Mediterranean and Atlantic routes
The Commission is presenting today an EU Action Plan on the Western Mediterranean and Atlantic migration routes.
In her letter to the European Council of 20 March 2023, President von der Leyen reiterated the Commission's ongoing work with the Member States most concerned on the Action plans for the Western Mediterranean and Atlantic too. This Action Plan is also a direct follow-up to the Extraordinary Justice and Home Affairs Council in November 2022. The Ministers committed then to implement the EU Action Plan for the Central Mediterranean, followed by the EU Action Plan on the Western Balkans, and endorsed the development of similar action plans for the main migration routes.
The EU has been strengthening its partnership with key countries of origin and transit along the route, in full coordination with its Member States as Team Europe. Measures undertaken by the EU, Member States and international partners have contributed to the important decrease of irregular arrivals. Nonetheless, migratory flows remain sustained. This calls for continuous vigilance and concrete operational responses, anchored on the current effective cooperation.
This Action plan presents 18 targeted operational measures structured along two pillars. The goal is to support Member States to strengthen migration management along this route, preventing irregular departures and saving lives, while working closely with key partner countries.
Pillar One: Strengthen engagement with partner countries
Reinforced cooperation with partner countries is key to address migration challenges and counter smuggling. Through a whole-of-route approach, the focus is set on preventing irregular migration by combatting smuggling of migrants and trafficking of human beings, strengthening border management. To this end, the EU will step up work on:
Pillar Two: Strengthen operational measures on search and rescue, return procedures, as well as smoother and faster voluntary solidarity
Reinforcing effective border management and returns from the EU to partner countries is essential in a functioning migration management system. The EU will accelerate its work to:
Next Steps
The Commission presents this Action Plan in view of the upcoming Justice and Home Affairs Council on 8-9 June and of the European Council on 29-30 June.
The EU and the Member States will need to work jointly to achieve the goals set in this Action Plan and to ensure its effective implementation. Reporting and monitoring through the existing Commission and Council mechanisms are essential. This Action Plan complements the ongoing work targeting other key migratory routes to Europe and may act as a model to develop similar plans for other migratory routes.
In 2018, irregular arrivals to the EU via the Western Mediterranean route increased significantly. As of 2019, while irregular arrivals saw a decrease on the Western Mediterranean route, they saw an important increase on the Atlantic route to the Canary Islands, particularly in 2020 and 2021 and with considerable decrease in 2022 (by 31%, compared to 2021) and in 2023 so far.
When it comes to the long-term sustainable solution to manage migration, the Commission continues working to deliver on the New Pact on Migration and Asylum. In parallel to this, the Commission is proposing a series of operational measures to address current challenges along the main migratory routes to Europe. This Action Plan is the third one that the Commission put forward to support Member States, following the one on Central Mediterranean and Western Balkans in 2022.
The EU will continue to promote sustainable and structural solutions to our common migration challenges, based on a comprehensive, whole-of-route approach, and including renewed action on the external dimension of migration.
Action Plan on the Western Mediterranean and Atlantic routes
Action Plan on the Western Balkans
Action Plan for Central Mediterranean
New Pact on Migration and Asylum
Whilst we continue to make steady progress on the overhaul of the EU’s migration and asylum legal framework, we still need to take constant and continuous action to manage migration in the immediate term. The set of operational measures we are proposing today to address migration along the Western Mediterranean route is part of this work to be vigilant in addressing the challenges our Member States are facing today.
Margaritis Schinas, Vice-President for Promoting our European Way of Life - 06/06/2023
This Action Plan on Western Mediterranean and Atlantic migration routes is the latest part of our commitment to meet the challenges of irregular migration in an operational way. This plan outlines proposals on anti-smuggling measures, better border management, returns processes, and legal pathways. It is part of our Team Europe strategy working with partners along the whole routes, preventing irregular departures to save lives.
Action Plan for the Western Mediterranean and Atlantic route
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Political agreement on new Anti-Coercion Instrument to better defend EU interests on global stage
The European Parliament and the Council have today reached a final political agreement on the Anti-Coercion Instrument (ACI). This new tool will enable the EU to respond to economic coercion, and therefore to better defend its interests and those of its Member States on the global stage.
The ACI is first and foremost designed to act as a deterrent against any potential economic coercion. If economic coercion nevertheless takes place, the ACI provides a structure to get the third country to stop the coercive measures, through dialogue and engagement. However, if engagement fails, it also gives the EU access to a wide range of possible countermeasures against a coercing country. These include the imposition of tariffs, restrictions on trade in services, and restrictions on access to foreign direct investment or public procurement.
The agreement reached today includes a legal framework for the EU to request that the third country repair the injury caused by its economic coercion. It also covers decision-making arrangements, in particular the Council's role in determining whether the EU or a Member State is the target of economic coercion, as well as timeframes for EU action under the instrument.
The EU will continue to cooperate with like-minded partners and allies to address economic coercion, and the ACI is a significant addition to international efforts in this domain.
The European Parliament and the Council will have to complete the procedures for approval of the new Regulation before it can enter into force. Entry into force is expected in the autumn of this year.
The EU and its Member States have become the target of deliberate economic pressure in recent years. The European Commission proposed the ACI in 2021 as part of its new trade strategy, as a new dedicated tool to address economic coercion – defined as a situation where a third country attempts to pressure the EU or a Member State into making a particular choice by applying, or threatening to apply, measures affecting trade or investment against the EU or a Member State. The instrument can be triggered by a wide range of coercive practices.
The European Commission will rely on input from stakeholders when considering the activation of the instrument, and businesses are encouraged to come forward with relevant information.
The ACI and any actions which can be taken under the instrument are consistent with the EU's international obligations and fully grounded in international law. The European Commission will soon present the European economic security strategy, envisaged for 20 June 2023.
Protecting against coercion
Questions and Answers
This final agreement on our new Anti-Coercion Instrument is truly a major step forward for the EU. It sends a clear signal to our global partners that we reject all forms of economic coercion by third countries. It will allow us to be more assertive in defending our legitimate rights and interests. The ACI provides an important building block for the EU’s economic security and its Member States. We will only use it when we need to ensure that our policy decisions remain free from interference by third countries. I am delighted that we will soon have this crucial tool in place.
Valdis Dombrovskis, Executive Vice-President and Commissioner for Trade - 06/06/2023
Political agreement on Anti-Coercion Instrument
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· Miriam GARCIA FERRER
+32 2 299 90 75
miriam.garcia-ferrer@ec.europa.eu
· Roberta VERBANAC
+32 2 298 24 98
roberta.verbanac@ec.europa.eu
EU extends trade benefits for Ukraine
The suspension of import duties, quotas and trade defence measures on Ukrainian exports to the European Union – known as the Autonomous Trade Measures (ATMs) – are in place for another year. This strong testament to the EU's unwavering support for Ukraine will help alleviate the difficult situation faced by Ukrainian producers and exporters because of Russia's unprovoked and unjustified military aggression.
The EU is phasing out by 15 September 2023 the exceptional and temporary preventive measures adopted on 2 May 2023 on imports of wheat, maize, rapeseed and sunflower seed from Ukraine under the exceptional safeguard of the Autonomous Trade Measures Regulation. The scope of these measures is further reduced from 17 to 6 tariff lines for the 4 products covered. These temporary and targeted measures were adopted due to logistical bottlenecks concerning these products in Bulgaria, Hungary, Poland, Romania and Slovakia, and on the condition that member states do not maintain any restrictive measures. The phase out will allow for significant improvements to be made to the Solidarity Lanes and to address challenges to get Ukrainian grain out of the country for this harvest.
These measures continue to be necessary for a limited period of time given the exceptional circumstances of serious logistical bottlenecks and limited grain storage capacity ahead of the harvest season experienced in five Member States. As agreed, a Joint Coordination Platform has been set up to coordinate the efforts of the Commission, Bulgaria, Hungary, Poland, Romania and Slovakia, as well as Ukraine to improve the flow of trade between the Union and Ukraine, including transit of agricultural products along corridors. Executive Vice-President Valdis Dombrovskis is leading this process at political level. A first kick-off meeting of this coordination platform took place at technical level on 2 June.
The improvement of Solidarity Lanes will be, therefore, monitored by this export facilitation platform.
In case transit of Ukrainian goods is impeded by unduly burdensome requirements in one or several of the five Member States, the Commission will reassess whether the substantive conditions for imposing these preventive measures remain.
These exceptional and temporary measures fully respect the EU's strong commitment to support Ukraine and preserve its capabilities to export its grains which are critical to feed the world and keep food prices down, in the face of the challenges posed by the unprovoked Russian aggression against Ukraine and its civilians.
In force since 4 June 2022, the ATMs to liberalise trade with Ukraine have had a positive effect on Ukraine's trade to the EU. Together with the Solidarity Lanes, the ATMs have ensured that trade flows from Ukraine to the EU have been preserved in 2022 despite the disruptions caused by the war and against the general trend of a strong decrease of Ukraine's trade overall.
Unilateral and temporary in nature, the ATMs significantly broaden the scope of tariff liberalisation under the EU-Ukraine Deep and Comprehensive Free Trade Area (DCFTA) by suspending all outstanding duties and quotas, as well as duties on anti-dumping and safeguard measures on Ukrainian imports in Ukraine's hour of need.
The exceptional and temporary preventive measures on imports of a limited number of products from Ukraine entered into force on 2 May 2023 and were set to last until 5 June 2023.
The measures concern only four agricultural products – wheat, maize, rapeseed and sunflower seed – originating in Ukraine. They exceptional measures are more targeted in terms of scope and will also not apply to sowing seeds. During this period, these products can continue to be released for free circulation in all the Member States of the European Union other than Bulgaria, Hungary, Poland, Romania and Slovakia. The products can continue to circulate in or transit via these five Member States by means of a common customs transit procedure or go to a country or territory outside the EU.
For more information
Renewed ATMs - Regulation
Monitoring of imports from Ukraine subject to trade liberalisation measures
EU trade relations with Ukraine
EU measures in solidarity with Ukraine
Preventive measures on limited imports from Ukraine (europa.eu)
Preventive measures adopted today
Annex to Preventive Measures
Since the start of the full-scale Russia's war year ago, the EU has prioritised the importance of keeping Ukraine's economy going. The prolongation of trade liberalisation for one more year shows our unwavering support in helping Ukraine to maintain its trade position with the rest of the world, while further deepening its trade relations with the EU. We are also phasing out temporary preventive measures on imports of wheat, maize, rapeseed and sunflower seed from Ukraine, and we have established a coordination platform to significantly improve EU Solidarity Lanes to avoid trade-related bottlenecks. The European Commission will not hesitate to act in case national trade bans prevent Ukrainian agricultural goods from reaching countries where they are needed.
Valdis Dombrovskis, Executive Vice-President and Commissioner for Trade - 05/06/2023
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