Implementing decision 2016/408 - Temporary suspension of the relocation of 30 % of applicants allocated to Austria under Decision (EU) 2015/1601 establishing provisional measures in the area of international protection for the benefit of Italy and Greece - Main contents
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official title
Council Implementing Decision (EU) 2016/408 of 10 March 2016 on the temporary suspension of the relocation of 30 % of applicants allocated to Austria under Decision (EU) 2015/1601 establishing provisional measures in the area of international protection for the benefit of Italy and Greece| Legal instrument | implementing decision |
|---|---|
| Number legal act | Implementing decision 2016/408 |
| Original proposal | COM(2016)80  |
| CELEX number i | 32016D0408 |
| Document | 10-03-2016; Date of adoption |
|---|---|
| Publication in Official Journal | 19-03-2016; OJ L 74 p. 36-37 |
| Effect | 20-03-2016; Entry into force Date pub. +1 See Art 2 |
| End of validity | 31-12-9999 |
19.3.2016 |
EN |
Official Journal of the European Union |
L 74/36 |
COUNCIL IMPLEMENTING DECISION (EU) 2016/408
of 10 March 2016
on the temporary suspension of the relocation of 30 % of applicants allocated to Austria under Decision (EU) 2015/1601 establishing provisional measures in the area of international protection for the benefit of Italy and Greece
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece (1), and in particular Article 4(5) and (7) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
On the basis of Article 78(3) of the Treaty on the Functioning of the European Union (TFEU), the Council adopted two Decisions establishing provisional measures in the area of international protection for the benefit of Italy and Greece. Under Council Decision (EU) 2015/1523 (2), 40 000 applicants for international protection are to be relocated from Italy and Greece to the other Member States. Under Decision (EU) 2015/1601, 120 000 applicants for international protection are to be relocated from Italy and Greece to the other Member States. |
(2) |
Decision (EU) 2015/1601 was adopted because of an emergency situation characterised by a sudden inflow of nationals of third countries into Italy and Greece and because of an urgent necessity to provide those Member States with swift relief, in accordance with the principle of solidarity and fair sharing of responsibility between Member States. It follows that each Member State of relocation should ensure that relocation takes place regularly, without delay and at a sufficient level. |
(3) |
Article 4(5) of Decision (EU) 2015/1601 provides that a Member State may, in exceptional circumstances, by 26 December 2015, notify the Council and the Commission that it is temporarily unable to take part in the relocation process of up to 30 % of applicants allocated to it in accordance with paragraph 1 of that Article, giving duly justified reasons compatible with the fundamental values of the Union enshrined in Article 2 of the Treaty on European Union (TEU). The Commission should assess the reasons given and submit proposals to the Council regarding a temporary suspension of the relocation of up to 30 % of applicants allocated to the Member State concerned in accordance with Article 4(1) of that Decision. Where justified, the Commission may propose to extend the time limit for relocating the applicants in the remaining allocation by up to 12 months beyond the date referred to in Article 13(2) of that Decision. |
(4) |
Austria faces exceptional circumstances, with an emergency situation characterised by a sudden inflow of nationals of third countries into its territory. |
(5) |
The considerable rise in irregular border-crossing into the Union and in secondary movements across the Union has led to a sharp increase in Austria in the number of applicants for international protection. |
(6) |
Eurostat figures confirm that there has been a sharp increase in applicants for international protection in Austria. The number of applicants for international protection increased by more than 230 % from 23 835 applicants for the period 1 January to 30 November 2014 to 80 880 applicants for the period 1 January to 30 November 2015, with more than 10 000 applicants for international protection per month since September 2015. Although European Asylum Support Office (EASO) data show a decrease in the number of applicants in December 2015 and January 2016 in comparison with the previous months, the number of applicants remains high. |
(7) |
In 2015, Austria had the second... |
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