Tuesday, 22/10/2019 | 5:55 UTC+0
Libyan Newswire

Answer – Position on the EU's cooperation with Libya/the Libyan coastguard – E-004816/2017

As stated in the European Agenda on Migration and the Partnership Framework(1),(2)with third countries, the European Union is following a global approach in tackling migratory flows, by cooperating with the countries of origin, transit and destination of migrants.

The EU is providing support to Libyan authorities belonging to the internationally recognised Government of National Accord, to step up its Search and Rescue capacity at sea which includes a human rights component. The EU is also funding projects implemented by United Nations agencies to improve the conditions of migrants in the detention centres and encourage the Libyan authorities to align to international standards and respect of fundamental rights of migrants in the centres.

The 2008/115/EC Directive(3) sets out specific safeguards to guarantee the protection of returnees’ rights during the whole return process. The standards and procedures set out by this directive respect fundamental rights and international law, in particular refugee protection and human rights obligations.

If there is concrete evidence of not respecting the EU rules on returns/removal of illegally staying third-country nationals by an EU Member State, the Commission would take up the matter with the authorities of the Member State concerned in order to clarify the situation, and then take any appropriate further steps in line with its role as guardian of the Treaties.

EU return acquis applies to all returns executed from the territory of the Member States (Article 1 and 2 of 2008/115/EC Directive(4)). Border surveillance activities performed by the Libyan Coast Guard in the Libyan territorial waters does not fall under the scope of the 2008/115/EC Directive.

(1) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the regions, European Agenda on Migration, 13 May 2015.
(2) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the regions, on establishing a new Partnership Framework with third countries under the European Agenda on Migration, 7 June 2016.
(3) Directive 2008/115/EC, of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals.
(4) Directive 2008/115/EC, of 16 December 2008, on common standards and procedures in Member States for returning illegally staying third-country nationals, Article 1 and2, OJ L 348/100 and 10.
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