Considerations on COM(2015)450 - Crisis relocation mechanism and amendment of the regulation on determining the Member State responsible for examining asylum applications - Main contents
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| dossier | COM(2015)450 - Crisis relocation mechanism and amendment of the regulation on determining the Member State responsible for examining asylum ... |
|---|---|
| document | COM(2015)450  |
| date | September 9, 2015 |
(2) In accordance with Article 80 of the Treaty, the policies of the Union in the area of border checks, asylum and immigration and their implementation should be governed by the principles of solidarity and fair sharing of responsibility between Member States and Union acts adopted in this area must contain appropriate measures to give effect to this principle.
(3) Situations of extreme pressure being placed on a Member State's asylum system may jeopardize the application of Regulation (EU) No 604/2013. While this Regulation provides for a process for early warning, preparedness and management of asylum crisis, it does not enable in such situations to derogate from the set responsibility criteria. In order to promote a balance of efforts between Member States in dealing with these crisis situations and to ensure a swift access to the procedures for granting international protection, a crisis mechanism for the relocation of applicants in clear need of international protection should therefore be put in place. The application of relocation measures in respect of a particular Member State should be without prejudice to the possibility to apply in parallel Article 33(3) of this Regulation to the same Member States. Article 33(3) of this Regulation is not a precondition for the application of relocation measures.
(4) The application of relocation measures in respect of a particular Member State should be without prejudice to the possibility for the Council to adopt provisional measures on a proposal from the Commission pursuant to Article 78(3) in the event of an emergency situation in a Member State characterised by a sudden inflow of nationals of third country nationals.
(5) The crisis relocation mechanism should be seen in the context of a wider set of measures that Member States may need to take to ensure effective migration policies, including in the area of first reception and return of third country nationals not having the right to remain on the territory of the Member States in accordance with provisions of Directive 2008/115/EC ('hotspots').
(6) A comprehensive evaluation of the Dublin Regulation is currently being conducted by the Commission that could lead to a wider revision of the Dublin system.
(7) A clear and workable relocation system is envisaged based on a threshold of the average rate at Union level of decisions granting international protection in the procedures at first instance as defined by Eurostat out of the total number at Union level of decisions on asylum applications for international protection taken at first instance, based on the latest available statistics. On the one hand, this threshold would have to ensure, to the maximum extent possible, that all applicants in clear need of international protection would be in a position to fully and swiftly enjoy their protection rights in the Member State of relocation. On the other hand, it would prevent, to the maximum extent possible, applicants who are likely to receive a negative decision to their application from being relocated to another Member State and therefore prolong unduly their stay in the Union. A threshold of 75%, based on the latest available updated Eurostat quarterly data for first instance decisions, should be used.
(8) Relocation of applicants in clear need of international protection should take place on the basis of the formula for a distribution key set out in Annex III. The proposed distribution key should be based on a) the size of the population (40 % weighting), b) the total of the GDP (40 % weighting), c) the average number of asylum applications per one million inhabitants over the period 2010-2014 (10 % weighting, with a 30% cap of the population and GDP effect on the key, to avoid disproportionate effects of that criterion on the overall distribution) and d) the unemployment rate (10 % weighting, with a 30% cap of the population and GDP effect on the key, to avoid disproportionate effects of that criterion on the overall distribution).
(9) Where, in exceptional circumstances, a Member State notifies to the Commission, giving duly justified reasons compatible with the fundamental values of the Union enshrined in Article 2 of the Treaty on European Union, that it is temporarily unable to take part, in full or in part, in the relocation of applicants, for a period of one year, it should instead make a financial contribution to the EU budget of an amount of 0,002 % of GDP to cover assistance supporting the efforts undertaken by all other Member States to cope with the crisis situation and the consequences of the non-participation of such Member State to the relocation. In case of partial participation in the relocation, this amount should be reduced in proportion. This amount should be allocated to the Asylum, Migration and Integration Fund as assigned revenue.
(10) It must be ensured that the level of solidarity with the Member State confronted with a crisis situation, in terms of the number of persons to be relocated, remains unaffected. Therefore, the allocations under the distribution key that were foreseen for any Member State which has made a notification accepted by the Commission, should be redistributed to the remaining Member States.
(11) It is necessary to ensure that a swift relocation procedure is put in place and to accompany the implementation of the relocation procedure by a close administrative cooperation between Member States and operational support provided by EASO.
(12) National security and public order should be taken into consideration throughout the relocation procedure, until the transfer of the applicant is implemented. In full respect to the fundamental rights of the applicant, including the relevant rules on data protection, where a Member State has reasonable grounds for regarding an applicant as a danger to its national security or public order, it should inform the other Member States thereof.
(13) When deciding which applicants in clear need of international protection should be relocated from the Member State benefiting from relocation, priority should be given to vulnerable applicants within the meaning of Article 21 and 22 of Directive 2013/33/EU of the European Parliament and of the Council 12 . In this respect, special needs of applicants, including health, should be of primary concern. The best interests of the child should always be a primary consideration.
(14) Integration of applicants in clear need of international protection in the host society is the cornerstone of a well-functioning Common European Asylum System. Therefore, in order to decide which specific Member State should be the Member State of relocation, specific account should be given to the specific qualifications and characteristics of the applicants concerned, such as their language skills and other individual indications based on demonstrated family, cultural or social ties which could facilitate their integration into the Member State of relocation. In the case of particularly vulnerable applicants, consideration should be given to the capacity of the Member State of relocation to provide adequate support to those applicants and to the necessity of ensuring a fair distribution of those applicants among Member States. With due respect of the principle of non-discrimination, Member States of relocation may indicate their preferences for applicants based on the above information on the basis of which the Member State benefiting from relocation, in consultation with EASO and, where applicable, liaison officers may compile lists of possible applicants identified for relocation to that Member State.
(15) The appointment by Member States of liaison officers in the Member State benefiting from relocation should facilitate the effective implementation of the relocation procedure, including the appropriate identification of the applicants who could be relocated, taking into account in particular their vulnerability and qualifications. As regards both the appointment of liaison officers in the Member State benefiting from relocation and the fulfilment of their tasks, the Member State of relocation and the Member State benefiting from relocation should exchange all relevant information and continue cooperating closely throughout the relocation procedure.
(16) Measures should be taken in order to avoid secondary movements of relocated persons from the Member State of relocation to other Member States. In particular, applicants should be informed of the consequences of onward irregular movement within the Member States and of the fact that, if the Member State responsible grants them international protection, in principle, they are only entitled to the rights attached to international protection in that Member State.
(17) In order to avoid secondary movements of beneficiaries of international protection, Member States should also inform the beneficiaries about the conditions under which they may legally enter and stay in another Member State and could impose reporting obligations. In addition, in order to ensure that beneficiaries of international protection who entered the territory of another Member State than the Member State of relocation without fulfilling the conditions of stay in that other Member State are taken back by the Member State of relocation, it is necessary to encompass beneficiaries of international protection who have been relocated in the scope of this Regulation.
(18) Additionally, in line with the objectives set out in Directive 2013/33/EU, the harmonisation of reception conditions amongst Member States should help to limit secondary movements of applicants for international protection influenced by the variety of conditions for their reception. With a view to reaching the same objective, Member States should consider imposing reporting obligations and providing applicants for international protection with material reception conditions that include housing, food and clothing only in kind as well as, where appropriate ensuring that applicants are directly transferred to the Member State of relocation. Likewise, during the period of the examination of applications for international protection, as provided in the asylum and Schengen acquis, except for serious humanitarian reasons, Member States should neither provide applicants with national travel documents, nor give them other incentives, such as financial ones, which could facilitate their irregular movements to other Member States. In case of irregular movements to other Member States, applicants should be sent back to the Member State of relocation.
(19) In order to promptly handle crisis situations resulting from the extreme migratory pressure on the asylum system of specific Member States, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission also in respect of establishing the application of relocation measures in respect of a particular Member State as well on the suspension of the application of such measures.
(20) In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of ascertaining the fulfilment of the relocation conditions as well as the other elements provided for under Article 33(a)4 and 33(d)2 of this Regulation. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
(21) [In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, those Member States have notified their wish to take part in the adoption and application of this Regulation]
OR
(21) [In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Regulation and are not bound by it or subject to its application.]
OR
(21) [In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, the United Kingdom is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.
(22) In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland has notified (, by letter of ...,) its wish to take part in the adoption and application of this Regulation.]
OR
(21) [In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified (, by letter of ...,) its wish to take part in the adoption and application of this Regulation.
(22) In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.]
(22) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.
(23) Regulation (EU) No 604/2013 should therefore be amended accordingly,