EU Statement on the Review of the Protocol against the Smuggling of Migrants by Land, Sea and Air, as delivered on 19 October 2022

Mr President, Excellencies, ladies and gentlemen,

I have the honour to speak on behalf of the European Union and its Member States. The following countries align themselves with this statement: North Macedonia^*, Montenegro^*, Serbia^*, Albania^*, Ukraine^*, the Republic of Moldova^*, Bosnia and Herzegovina^*, Iceland⁺ and Norway⁺.

Mr President,

International cooperation requires a minimum of trust and shared values, such as the principles of the UN Charter. Chief among them is the prohibition of aggression. By waging an unprovoked and unjustified war of aggression against Ukraine, Russia has grossly violated international law and the UN Charter. Inevitably, this has and will continue to have devastating consequences for international cooperation. The EU is strongly committed to effectively cooperate with all partners which are not threatening international security and stability, nor violating international law.

The EU has taken immediate action to help people fleeing to the EU and neighbouring countries. One of the most important measures is the activation of the Temporary Protection Directive, giving those fleeing the war in Ukraine the right to temporary protection. Over 4,3 million people have been registered for temporary protection in Europe. The right of temporary protection is immediate and ensures access in the EU to the labour market, suitable accommodation or, if necessary, receive the means to obtain housing, social welfare assistance, medical care, and education for people under 18 years old. Due to the activation of the Temporary Protection Directive, the effects on migrant smuggling have remained relatively low, nevertheless, an increased use of Ukrainian fraudulent documents and cases of non-Ukrainian nationals using such documents is being monitored closely.

The European Union and its Member States remain committed to preventing and combatting the smuggling of migrants, which remains a common challenge requiring international cooperation and coordination as well as effective border management.

The EU is implementing the renewed EU action plan against migrant smuggling for the period 2021-2025, reinforcing cooperation with partner countries and international organisations; sanctioning migrant smugglers and preventing the exploitation of migrants; reinforcing cooperation and supporting the work of law enforcement and of the judiciary; and, finally, increasing the knowledge base.

Working with partner countries includes support to reduce the incentives to embark on dangerous journeys by providing protection to those in need, addressing the root causes of irregular migration, creating job opportunities and promoting decent work, legal migration and safe legal pathways to Europe in accordance with national competences, promote reintegration of returning migrants, as well as strengthening border and migration management and communicating effectively through targeted information campaigns. This comprehensive approach will contribute to avoiding the loss of life of people during perilous journeys, whether on land or at sea.

To reinforce cooperation with partner countries, the EU and its Member States are developing dedicated and tailor-made Anti-Smuggling Operational Partnerships with partner countries or regions along migratory routes towards the EU, as part of the EU’s broader migration partnerships. The first Anti-Smuggling Operational Partnerships were launched in July this year, with Morocco and with Niger.

Actions aim at strengthening the legal, policy, operational and strategic frameworks in partner countries and to increase the impact, ownership and sustainability of actions to address migrant smuggling. Such partnerships will be implemented in close cooperation with EU Member States, EU agencies and international organisations.

The EU will ensure adequate support that matches, upholds and translates into action the political ambition of the renewed EU action plan. We look forward to even closer cooperation with partner countries, based on the UN Protocol on Smuggling of Migrants by Land, Sea and Air and with the valuable support of UNODC, including within the framework of the on-going review mechanism.

Thank you, Mr President.

* Candidate Countries North Macedonia, Montenegro, Serbia, Albania, as well as potential Candidate Country Bosnia and Herzegovina continue to be part of the Stabilisation and Association Process.

+ Iceland and Norway are members of the EFTA and of the European Economic Area.