Press release
Rescuing migrants at sea: Civil Liberties Committee rejects guidelines
Justice and home affairs - 17-03-2010 - 15:43
Committees
Committees
Parliament could veto a proposed set of guidelines on the EU FRONTEX border agency's surveillance of external sea borders. Civil Liberties Committee MEPs rejected the proposal Wednesday, on the grounds that although the guidelines are right to affirm the duty to search for and rescue migrants at sea, this duty should be enshrined in law, not mere guidelines.
In the debate preceding the vote, rapporteur Michael Cashman (S&D, UK) said that the measure would "bring a sense of certainty" to Member States' obligations to intercept, search and rescue. "What we do not want is last year's situation" where "two Member States didn't want to deal" with possible asylum requests, he said, arguing that with the proposed text, "the legal obligation to search and rescue will become something that Member States can no longer shirk". The rapporteur's opinion was backed by Council and Commission representatives.
However, Jeanine Hennis-Plasschaert (ALDE, NL) said her group would vote against the measure because it is not binding. Raul Romeva (Greens/EFA, ES) "shared the moral concerns Mr Cashman has explained" but said he would also prefer binding provisions. "If we agree with what is proposed, we will set a precedent", he said, underlining that Parliament's legal service considers that European Commission exceeded its powers with the proposed act.
"We have a dilemma here"
"We need to change the procedure to co-decision (...) We have a dilemma here", said Rui Tavares (GUE/NGL, PT). "I don't think anybody will say that those guidelines are problematic. The problem is that they're not binding!" he added.
"We shouldn't dramatize too much", said Agustin Diaz de Mera (EPP, ES), echoed by Simon Busuttil (EPP, MT), who deplored "the suggestion that without those rules, southern Member States are putting people's lives at risk. This is deeply offensive".
Background
The proposed act is the focus of a legal controversy. The European Commission says the act falls under its implementing powers granted by the Schengen Borders Code, whereas Civil Liberties Committee MEPs argue that it should be examined under the ordinary legislative procedure.
A resolution rejecting the measure was approved with 24 votes in favour and 11 against. Michael Cashman (S&D, UK), withdrew his name as rapporteur after the vote.
The European Parliament has repeatedly called for more parliamentary scrutiny over the FRONTEX external border agency's activities, as watchdogs criticized its procedures as abusive visà-vis migrants. Another proposal being examined by Parliament aims to improve the training of FRONTEX agents in fundamental rights.
REF.: 20100317IPR70841