Identifier
Created
Classification
Origin
08BRUSSELS1165
2008-07-29 11:04:00
UNCLASSIFIED
USEU Brussels
Cable title:  

EU SAYS PROTECTION OF IRAQI REFUGEES SHOULD BE PROVIDED IN

Tags:  CVIS PREL PREF SMIG KCRM EUN 
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RR RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHBS #1165/01 2111104
ZNR UUUUU ZZH
R 291104Z JUL 08
FM USEU BRUSSELS
TO RUEHC/SECSTATE WASHDC
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEAWJA/DOJ WASHDC
RUEHGV/USMISSION GENEVA
UNCLAS SECTION 01 OF 03 BRUSSELS 001165 

SIPDIS

E.O. 12958: N/A
TAGS: CVIS PREL PREF SMIG KCRM EUN
SUBJECT: EU SAYS PROTECTION OF IRAQI REFUGEES SHOULD BE PROVIDED IN
REGION

SUMMARY
-------

UNCLAS SECTION 01 OF 03 BRUSSELS 001165

SIPDIS

E.O. 12958: N/A
TAGS: CVIS PREL PREF SMIG KCRM EUN
SUBJECT: EU SAYS PROTECTION OF IRAQI REFUGEES SHOULD BE PROVIDED IN
REGION

SUMMARY
--------------


1. EU Ministers in the July 24 JHA Council adopted conclusions on
Iraqi refugees that underlined the priority of creating the
conditions for refugees to go back home and included no call to take
in more Iraqi refugees in the EU Member States. The French
Presidency reported on the drafting of a European Pact on
Immigration and Asylum to be endorsed by EU leaders in mid-October.
Ministers discussed plans to create a EU "blue card" setting
conditions of entry and residency of non-EU nationals for the
purposes of highly qualified employment. They were split on
proposals to impose EU-wide penalties on employers of illegal
migrants but agreed on the principle of establishing a "European
PNR" as well as on the method proposed by the Presidency for
agreeing a specific piece of EU legislation in cooperation with the
European Parliament. Full text of Council conclusions has been
transmitted to EUR/ERA and can be found on the EU Council website
(http://consilium.europa.eu). END SUMMARY.

RESETTLEMENT OF IRAQI REFUGEES
--------------


2. The Council addressed the situation of Iraqi refugees, both in
the EU Member States and the neighboring countries. The question
had already been raised at the JHA Council meetings in April and
June 2008, when some ministers underlined that protection should
continue to be provided primarily in the region itself. French
Immigration/Integration Minister Brice Hortefeux told a press
conference that the German delegation reported on a recent visit to
Berlin by an Iraqi delegation led by PM al-Maliki. The Iraqi
delegation had brought "some additional elements of information,"
which required a rewriting of the draft conclusions that had been
prepared for this Council meeting. While noting that some Member
States already welcome Iraqi refugees within the framework of
national resettlement programs, the final version of the Council
conclusions said the priority was to create the conditions allowing
Iraqi refugees to go back home and included no call for Member
States to take in more refugees.


3. German Interior Minister Wolfgang Scha|ble, who had pressed
colleagues earlier this year to provide shelter to Christians among
refugees, told German reporters in Brussels the Iraqis were now

calling on the EU "not to take additional initiatives which would be
counterproductive to their efforts." Scha|ble reported that the
Iraqi authorities were working on convincing refugees to come back
in order to rebuild the country. Minister Hortefeux said the
Council would revisit the issue in September. Luxembourg
Immigration minister Nicolas Schmit separately told reporters that
Commission Vice-President Barrot was planning to visit the
neighboring countries (Syria, Jordan) to get a better idea of the
problem on the ground (no details of the visit available yet).

IMMIGRATION AND ASYLUM PACT
--------------


4. Minister Hortefeux briefed the Council on ongoing work on a
European Pact on Immigration and Asylum, which was the subject a
broad agreement among ministers at their informal meeting in Cannes
on July 7-8. The draft Pact, a copy of which was circulated by USEU
earlier this month, will be further reviewed at the September JHA
Council with a view to endorsement by EU leaders at the mid-October
European Council. The draft Pact centers around five key
commitments to be fulfilled by national and EU bodies:

-- Organizing legal immigration on the basis of labor market needs
and the reception capacities of each Member State, by attracting
highly qualified workers and students, and promoting the integration
of migrants;

-- Combating illegal immigration by granting case-by-case
regularizations, developing cooperation with countries of origin and
transit, combating criminal networks involved in trafficking and the
exploitation of illegal migrants;

-- Making border controls more effective by developing biometric
visas, setting up electronic recording of entry and exit, and
reinforcing the EU borders control agency (Frontex);

-- Developing a common asylum policy by establishing a European
support office, a single asylum procedure and a uniform status for
refugees;

-- Promoting a comprehensive partnership with countries of origin
and transit, developing a synergy between migration and
development.


5. In reaction to criticism by Senegalese FM Cheikh Tidiane Gadio,
Hortefeux told reporters the proposed Pact was not "a pact against

BRUSSELS 00001165 002 OF 003


Africa" but "a pact with Africa." In Hortefeux's words, "It is a
pact that is balanced and coherent, which promotes immigration that
is selected and done in consultation, which means in partnership
with countries where migrants are coming from."

EU BLUE CARD
--------------


6. The Council discussed a draft Directive setting conditions of
entry and residency of non-EU nationals for the purposes of highly
qualified employment. This Commission proposal, tabled last year,
is designed to introduce a flexible, fast track common procedure for
the admission of highly skilled migrants into EU territory. Under
the proposed scheme, non-EU nationals admitted as highly qualified
workers would receive a European "blue card." At his press
conference, Minister Hortefeux reported a broad measure of agreement
to further work on the proposed scheme, based on three criteria for
access by non-EU nationals: a higher education qualification
(involving at least three years' study),the pay level (Hortefeux
conceded this would be difficult to define because of widespread
differences among EU countries) and professional experience.
Hortefeux specified that delegations pronounced in favor of
introducing the "blue card" alongside national arrangements for
issuing residence permits for employment purposes. The "blue card"
would "coexist with" but "not replace" the national schemes, he
said.

SANCTIONS AGAINST EMPLOYERS OF ILLEGAL MIGRANTS
-------------- --


7. In a public debate, the Council discussed a draft Directive
tabled by the Commission, which provides for a minimum harmonization
of administrative, financial and criminal sanctions against
employers of illegally staying non-EU nationals. The Commission
estimates there are up to 8 million illegal migrants in the EU-27.
In essence, the Commission proposed that all Member States should
impose penalties in their domestic legislation against the employers
of those non-EU nationals, and apply sanctions effectively. The
debate revealed marked differences (generally on a North/South
divide) on two questions on which the Presidency sought guidance for
further work:

-- Half the delegations, including all Mediterranean countries,
backed the requirement for criminal sanctions against employers of
illegal migrants. Many others, led by Germany, Poland, Sweden and
the Netherlands, resisted the idea. Swedish Minister Billstrm said
the EU should not have the power to recommend criminal penalties and
should leave it up to Member States to decide how best to deter the
exploitation of illegal workers;

-- The draft's requirement for Member States to conduct checks in
sectors most inclined to abuse (construction, hotels, farming) also
caused differences. Many delegations argued for a "qualitative"
approach and resisted suggestions that the EU legislation should
require them to carry out a minimum number of inspections at job
sites. German Interior Minister Scha|ble uttered a flat "nein,"
saying: "It's not the number that counts but the quality."

EUROPEAN PNR
--------------


8. Rather than engaging in negotiations on the details of the
Commission proposal on the use of passenger name records by Member
States' law enforcement authorities, the Presidency conducted a
discussion on basic questions raised by plans to set up a passenger
data recording system for commercial flights. French Interior
Minister/Council chair Alliot-Marie told a press conference the
Council agreed on the principle of establishing a "European PNR" as
well as on the method proposed by the Presidency. This would be
based on:

-- A "thematic" approach: working on "concrete problems" raised by
the draft: geographical scope (flight to the EU or intra-EU
flights),contents of the data, protection of the data, follow-up;

-- The involvement of the European Parliament (EP),data protection
authorities and professionals.


9. Taking questions, Alliot-Marie was "not in a position to
prejudge" whether the European PNR would use the same data as those
retained for the agreement with the U.S. or whether some other data
could also be covered by the future EU scheme. Asked why the EP
will be associated with the drafting of the proposal (in contrast to
the method used for the EU-U.S. PNR agreement),she said: "Because
of my idea of democracy." Commission Vice-President Jacques Barrot,
who declared himself "favorably surprised" by the ministers'
reactions, expressed hope that the Council could adopt the specific
piece of legislation in 2009.


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