UUI, Alm.del - 2023-24 - Bilag 109: Orientering om fælles brev til Europa-Kommissionen, fra udlændinge- og integrationsministeren

Udlændinge- og Integrationsudvalget 2023-24
UUI Alm.del Bilag 109
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Sofia, Prague, Copenhagen,

Tallinn, Athens, Rome,

Nicosia, Riga, Vilnius, Valletta,

The Hague, Vienna, Warsaw,

Bucharest, Helsinki

To the attention of:

Ms Ylva Johansson, Commisisoner for Home Affairs

Ms Ilze Juhansone, Secretary-General of the Commission

Mr Gert Jan Koopman, Director-General for the Directorate-General for

Neighbourhood and Enlargement Negotiations

Mr Anthony Whelan, Acting Head of Cabinet of President von der Leyen

Ms Beate Gminder, Acting Director-General for the Directorate-General for

Migration and Home Affairs

Ms Åsa Webber, Head of Cabinet of Commissioner Johansson

Ms Charmaine Hili, Migration and Home Affairs Adviser in the Cabinet of

President von der Leyen

UUI, Alm.del - 2023-24 - Bilag 109: Orientering om fælles brev til Europa-Kommissionen, fra udlændinge- og integrationsministeren

15 May 2024

Joint Letter from the undersigned Ministers on new solutions to address irregular

migration to Europe

The following is a Joint Letter from the undersigned Ministers

The undersigned Ministers share a belief that the EU needs to continue to work to create a fairer,

more humane, sustainable and efficient asylum system worldwide, aimed at preventing and

addressing irregular migration at its roots and along the migratory routes, while providing adequate

protection and shelter for those in need, and fostering return and reintegration. Unfortunately, we

are far from that goal. The current challenges regarding the EU’s asylum and migration system,

including a sharp increase in irregular arrivals, are unsustainable. Our central responsibility and

commitment are to uphold stability and social cohesion and avoid risking polarization in European

societies and loss of unity in the family of EU Member States.

Moreover, the continued challenge of coping with the consequences of irregular migration towards

Europe impedes our ability to provide better protection and livelihoods for more refugees and

development assistance in regions of origin, where those most vulnerable and in need of international

protection are often left behind. Countries along the migratory routes play an indispensable role by

hosting large number of refugees. The EU and its Member States should enhance their contribution

to equal, constructive and broad partnerships with key countries, especially along the migratory

routes, by changing our focus from managing irregular migration in Europe to supporting refugees as

well as host communities in regions of origin.

The Pact on Migration and Asylum will equip EU Member States with a stronger legal framework for

managing the various aspects of migration, including by enhancing the security of our external borders

and creating more efficient asylum procedures. If we wish to further our efforts to break the incentive

structures that drive irregular migration movements and dangerous journeys towards Europe,

complementary efforts are necessary. We believe that in order to tackle the root causes of irregular

migration and manage migration movements to the EU, it will require all of us to think outside the box

and jointly find new ways to address this issue at EU level.

In light of the above, the undersigned Ministers call upon the Commission — in a joint effort with the

Member States — to identify, elaborate and propose new ways and solutions to prevent irregular

migration to Europe.

First and foremost, we encourage the establishment of comprehensive, mutually beneficial and

durable partnerships with key partner countries along the migratory routes. Such partnerships are

essential for not just managing irregular migration movements to Europe, but also to offer migrants

an alternative to putting their lives at risk on perilous journeys. Different ideas for optimising such

partnerships should be explored, including models inspired by the EU-Turkey Statement (and its 1:1

mechanism) and the EU-Tunisia MoU, as well as cooperation on regular pathways in accordance with

national law and national labour market needs. Additionally, possible place of safety arrangements

and transit mechanisms inspired by the existing Emergency Transit Mechanisms could be explored,

which would be aimed at detecting, intercepting, or in cases of distress, rescuing migrants on the high

seas and bringing them to a predetermined place of safety in a partner country outside the EU, where

durable solutions for those migrants could be found, also building on models like the Italy-Albania

Protocol.

Furthermore, returning those not in need of international protection is an equally important part of

an EU-wide response to managing irregular migration. It is vital that those with no right to stay in EU

Member States are returned swiftly, not only to minimise the negative consequences for the Member

UUI, Alm.del - 2023-24 - Bilag 109: Orientering om fælles brev til Europa-Kommissionen, fra udlændinge- og integrationsministeren

States of housing rejected asylum seekers, but also to reduce the incentives for those seeking to enter

the EU irregularly. Therefore, we encourage the strengthening of both the internal and external

aspects of return, leading towards an effective EU return policy. This could include,

inter alia,

ensuring

more effective return systems in EU Member States that fully implement return decisions and looking

into potential cooperation with third countries on return hub mechanisms, where returnees could be

transferred to while awaiting their final removal. With regard to the latter, we encourage the

Commission and Member States alike to explore potential models within the current EU

acquis,

well as considering the potential need for changes to the Return Directive.

Moreover, in order to decrease the overall pressure on our migration management, it is important

that Member States have the possibility to transfer those asylum applicants for whom a safe third

country alternative is available to such countries. Therefore, the application of the concept of ‘safe

third countries’ in EU asylum law should be reassessed, with a view to both taking concrete and

immediate measures based on the current EU

acquis,

as well as reevaluating the legal framework

where necessary, including the connection criteria during the planned review of the safe third country

concept in 2025. The Commission is also encouraged to present a proposal to designate countries as

safe third countries at EU level as foreseen in the new Asylum Procedure Regulation.

The Pact and the Schengen Borders Code provide for the first time an EU legal framework on

instrumentalisation of migration. This framework should be further strengthened to provide a

comprehensive response to the threats posed by the instrumentalisation of migrants at the EU’s

external borders, including by reforming or complementing the existing tools and measures. The

undersigned Ministers call for appropriate and effective tools and measures for Member States to be

able to act swiftly to counter instances of instrumentalisation — such as the hybrid attacks

orchestrated most recently by the Belarusian and Russian regimes — in order to provide for the

national security of the Member States. Lastly, the EU and its Member States should use all available

measures at their disposal to strengthen and intensify the fight against migrant smuggling, including

by reaching agreement on the legislative proposals on combating migrant smuggling set forth by the

Commission.

These measures require a wide range of actions and long-term efforts, as well as a comprehensive

approach both at national and EU level. In parallel to our focus on irregular migration, we must also

increase our focus on our visa policy, as many asylum applications in the EU are made by persons from

visa-exempt countries or persons with a Schengen visa.

We reiterate that all new measures must be implemented in full compliance with our international

legal obligations, including the principle of

non-refoulement,

as well as the EU Charter of Fundamental

Rights and applicable EU law. Where necessary, the Commission is invited to propose the relevant

targeted legislative changes required to implement the proposed measures in Union law.

UUI, Alm.del - 2023-24 - Bilag 109: Orientering om fælles brev til Europa-Kommissionen, fra udlændinge- og integrationsministeren

Yours sincerely,

Mr Kalin Stoyanov

Minister of Interior of the Republic of Bulgaria

Mr Vít Rakušan

1st Deputy Prime Minister and Minister of the

Interior of the Czech Republic

Mr Kaare Dybvad Bek

Minister for Immigration and Integration of the

Kingdom of Denmark

Mr Lauri Läänemets

Minister of Interior of the Republic of Estonia

Mr Dimitris Kairidis

Minister of Migration and Asylum of the

Hellenic Republic

Mr Matteo Piantedosi

Minister of Interior of the Italian Republic

Mr Konstantinos Ioannou

Minister of Interior of the Republic of Cyprus

Mr Rihards Kozlovskis

Minister of Interior of the Republic of Latvia

Ms Agnė Bilotaitė

Minister of Interior of the Republic of Lithuania

Dr Byron Camilleri

Minister for Home Affairs, Security and

Employment of the Republic of Malta

UUI, Alm.del - 2023-24 - Bilag 109: Orientering om fælles brev til Europa-Kommissionen, fra udlændinge- og integrationsministeren

Mr Eric van der Burg

Minister for Migration of the Kingdom of the

Netherlands

Mr Gerhard Karner

Federal Minister of Interior of the Republic of

Austria

Mr Tomasz Siemoniak

Minister of the Interior and Administration of

the Republic of Poland

Mr Marian-Cătălin Predoiu

Deputy Prime Minister and Minister of Internal

Affairs of Romania

Ms Mari Rantanen

Minister of the Interior of the Republic of Finland