Considerations on COM(2018)167 - Proposition de DÉCISION DU CONSEIL autorisant la Commission à approuver, au nom de l’Union, le Pacte mondial pour des migrations sûres, ordonnées et régulières dans le domaine de la coopération au développement

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dossier COM(2018)167 - Proposition de DÉCISION DU CONSEIL autorisant la Commission à approuver, au nom de l’Union, le Pacte mondial pour des ...
document COM(2018)167 EN
date March 21, 2018
 
(1) Article 17(1) of the Treaty on European Union lists the powers of the Commission and provides in particular that the Commission is to ensure the Union’s external representation, with the exception of the common foreign and security policy and other cases provided for in the Treaties.

(2) Article 221 (1) of the Treaty on the Functioning of the European Union provides that Union delegations in third countries and at international organisations shall represent the Union.

(3) Article 16 of the Treaty on European Union provides that Council shall exercise policy-making and coordination functions as laid down in the Treaties. The Council shall act by qualified majority except where the Treaties provide otherwise.

(4) Article 21 of the Treaty on European Union provides that the Union's action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law. The Union shall seek to develop relations and build partnerships with third countries, and international, regional or global organisations which share the principles referred to in the first subparagraph. It shall promote multilateral solutions to common problems, in particular in the framework of the United Nations.

(5) In its development cooperation policy under Article 208 TFEU, the Union shall take into account the objectives of development cooperation in the policies that it implements which are likely to affect developing countries. Those objectives have been defined broadly in the Court's consistent case-law, most recently in Case C-377/12, Commission v Council6, where it noted that migration (including the fight


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against illegal migration), is integrated into the development policy defined in the European Consensus on Development7.

(6) The 2030 Agenda for Sustainable Development recognises that migration is a multidimensional reality of major relevance for the sustainable development of countries of origin, transit and destination.

(7) The European Consensus on Development, adopted in 2017, states that the EU and its Member States will actively support the elaboration of the UN Global Compacts on Migration and Refugees, as called for by the 2016 New York Declaration for Refugees and Migrants.

(8) In a highly interdependent world, migration can only be addressed effectively by the international community as a whole. Migration is a global phenomenon that requires global solutions based on the principles of solidarity and shared responsibility.

(9) In September 2016, the UN General Assembly adopted the New York Declaration for Refugees and Migrants8, officially launching the process of elaboration of a Global Compact for Safe, Orderly and Regular Migration ('Global Compact for Migration'). The New York Declaration represents a milestone in developing a global response to migration and forced displacement. It was welcomed by the European Council in its conclusions on migration of 20 October 20169.

(10) The Global Compact on Migration does not, nor does it intend to, create any legal obligations under domestic or international law.

(11) Since 2016, the Union has been strongly and continuously engaged in the process of elaboration of the Global Compact for Migration, delivering EU coordinated statements through the EU delegations in the consultative and stocktaking phase. This unified EU approach resulted in a draft of the Global Compact for Migration which largely reflects EU acquis and policy, and reflects the European Union's objective to promote multilateral solutions to common problems, in particular in the framework of the United Nations.

(12) Over the past years, the Union has built a comprehensive long-term strategy on migration covering all aspects of this phenomenon, from saving lives, offering protection to those in need, addressing the root causes of irregular migration and forced displacement as well as providing support to forcibly displaced populations around the world. This strategy is built on partnership and close cooperation with partner countries and organisations such as the African Union, the United Nations and its Agencies. This comprehensive approach should be promoted globally.

(13) With the publication of the zero draft of the Global Compact for Migration on 5 February 2018 and the 'zero draft plus' on 5 March 2018, the process has entered its final phase of negotiations, leading to an intergovernmental conference to adopt the Global Compact for Migration to be held in December 2018 in Morocco.

(14) The envisaged date for approval of the Global Compact on Migration on behalf of the Union on the occasion of the opening plenary meeting of the Intergovernmental Conference is 10 December 2018.

Joint statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission, 2017/C 210/01 (OJ C 210, 30.6.2017, p. 1).

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(15) It is in the interest of the Union to contribute to a successful outcome of this process and it is paramount to preserve the unity of the EU position in order to ensure that the final text of Global Compact on Migration is consistent with the EU acquis and policy.

(16) It is hence appropriate to authorise approval of the Global Compact for Safe, Orderly and Regular Migration in view of the Intergovernmental Conference to be held on 10-11 December 2018.