European Parliament
2014-2019
Committee on Petitions
28.2.2017
NOTICE TO MEMBERS
Subject:
1.
Petition No 0420/2016 by Detlef Zöllner (German) on the EU-Turkey
agreement on refugees
Summary of petition
The petitioner complains that the EU-Turkey agreement on refugees infringes human rights.
Instead of being protected in accordance with the Geneva Convention, refugees are returned
to Turkey, which in the petitioner’s opinion is not a safe third country. The petitioner believes
that this agreement is a ‘sale of indulgences’ for the attacks of the Turkish Government on the
Kurds and all progressive-minded people in Turkey, and also for the violation of the freedom
of press there.
2.
Admissibility
Declared admissible on 31 August 2016. Information requested from Commission under Rule
216(6).
3.
Commission reply, received on 28 February 2017
The EU-Turkey Statement of 18 March 20161 provides for the return to Turkey of all new
irregular migrants not applying for asylum or whose applications have been found
inadmissible or unfounded, crossing from Turkey into the Greek islands as of 20 March 2016.
The Statement explicitly reiterates that this will take place in full accordance with EU and
international law, thus excluding any kind of collective expulsion. In practice, migrants
arriving in the Greek islands are duly registered and any application for asylum is processed
1
http://www.consilium.europa.eu/en/press/press-releases/2016/03/07-eu-turkey-meeting-statement/
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individually by the Greek authorities in accordance with the Asylum Procedures Directive
with the support of European Asylum Support Office.
As stated by the Commission in its Communication of 10 February 2016 1, the concept of safe
third country as defined in the Asylum Procedures Directive2 requires that the possibility
exists, in the safe third country, to receive protection in accordance with the Geneva
Convention. In its Communication of 16 March 20163, the Commission sets out what
measures needed to be taken by Turkey in order to allow Greece to declare applications for
asylum inadmissible in accordance with the safe third country concept following an individual
assessment as to whether the conditions for applying the safe third country concept are met in
each individual case in the light of all circumstances. Following the subsequent legislative
measures taken by Turkey and the assurances provided for all Syrians and non-Syrians who
seek international protection having irregularly crossed into the Aegean islands via Turkey as
of 20 March 2016 and being taken back by Turkey as of 4 April 2016, the Commission
considers that Turkey has taken all the necessary measures identified in that Communication.
At the meeting of the Justice and Home Affairs Council on 20 May 2016, Member States
indicated that they share this assessment.4
As reiterated by the Commission in its fourth Report on the Progress made in the
implementation of the EU-Turkey Statement5, as a candidate country, Turkey is expected to
respect the highest standards when it comes to democracy, rule of law and respect of
fundamental freedoms, including freedom of expression. The Commission will continue to
monitor related developments.
Conclusion
As noted by the European Council of 20 October 20166 a lasting stabilisation of the situation
on the Eastern Mediterranean route requires the further implementation of the EU-Turkey
Statement in full accordance with EU and international law.
1
Communication on the State of Play of Implementation of the Priority Actions under the European Agenda on
Migration (COM(2016) 85 final).
2 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures
for granting and withdrawing international protection (recast).
3 Communication on next operational steps in EU-Turkey cooperation in the field of migration (COM(2016) 166
final).
4 Outcome of the Justice and Home Affairs Council meeting of 20 May 2016, 9183/16.
5 COM(2016) 792 final.
6 http://www.consilium.europa.eu/en/press/press-releases/2016/10/21-european-council-conclusions/
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