On the proposal for a regulation of the European Parliament and of the Council on asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund]
A-9-2023-0152
Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Tomas Tobé
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Parliament's amended version of the Commission proposal for a regulation on asylum and migration management sets out a common framework for asylum and migration, a solidarity mechanism and rules for determining the Member State responsible for examining an application for international protection.¶¶¶ It establishes a binding solidarity mechanism with relocation as the primary measure, an annual solidarity pool, a Solidarity Forum and an EU Relocation Coordinator, and allows capacity-building measures.¶¶¶ It lays down criteria for determining the responsible Member State, including family unity, the best interests of the child, previous stay, diplomas and irregular border crossing, and provides for transfers, take charge and take back requests.¶¶¶ It requires Member States to provide information to applicants, legal assistance, an effective remedy with suspensive effect, and limits detention to securing transfers.¶¶¶ It amends Council Directive 2003/109/EC so that beneficiaries of international protection can obtain long-term resident status after three years of legal and continuous residence.¶
Committee position. The Committee on Civil Liberties, Justice and Home Affairs proposes amendments to the Commission proposal, including a binding solidarity mechanism prioritising relocation, an annual solidarity pool, an EU Relocation Coordinator, and strengthened safeguards for applicants and unaccompanied minors.¶¶¶
Key points
- The regulation sets out a common framework for asylum and migration management and the functioning of the Common European Asylum System, and establishes a solidarity and fair sharing of responsibility mechanism.¶¶
- The Commission must adopt a five-year European Asylum and Migration Management Strategy and annual situational reports on the asylum, reception and migratory situation.¶¶
- Member States must have national strategies, sufficient funding and qualified staff, and must provide effective support to other Member States through solidarity contributions.¶¶¶
- A binding solidarity mechanism prioritises relocation of applicants and beneficiaries of international protection, and may include capacity-building measures in the benefitting Member State.¶¶¶
- An annual solidarity pool is established, with at least 80% of pledges made up of relocation; an EU Relocation Coordinator and a Solidarity Forum coordinate the mechanism.¶¶¶
- The Commission adopts a delegated act setting out projected annual solidarity needs and, where migratory pressure is found, a delegated act determining that pressure and the solidarity contributions.¶¶¶
- The Member State responsible is determined by criteria including family unity, the best interests of the child, previous legal stay of at least two years, and possession of a diploma or qualification.¶¶¶
- The first Member State irregularly entered is responsible, but this does not apply where the applicant was disembarked following a search and rescue operation or activity.¶¶
- Take charge requests must be sent within two months of registration and take back requests within one month of the Eurodac hit; failure to act within time limits transfers responsibility.¶¶¶
- Applicants must be informed of their rights and obligations, have access to legal assistance and an effective remedy with suspensive effect against transfer decisions.¶¶¶
- Detention may be used to secure transfer procedures, subject to the Reception Conditions Directive, with specific time limits for detained applicants.¶¶¶
- Council Directive 2003/109/EC is amended so that beneficiaries of international protection can obtain long-term resident status after three years of legal and continuous residence.¶
Who is affected
- Member States, which must establish national strategies, provide solidarity contributions and apply the responsibility criteria.¶¶¶
- Applicants for international protection, who must cooperate with authorities and are entitled to information, legal assistance and an effective remedy.¶¶¶
- Unaccompanied minors, who must be appointed a guardian and have their best interests assessed before any transfer.¶¶
- Beneficiaries of international protection, who may be relocated and can obtain long-term resident status after three years.¶¶
- Third countries, with which the Union and Member States promote tailor-made partnerships on asylum, border and migration management.¶
Figures and deadlines
- A five-year European Asylum and Migration Management Strategy, the first to be adopted 18 months after entry into force.¶
- Annual situational reports covering the previous 12-month period.¶
- At least 80% of pledges in the solidarity pool must be relocation.¶
- A Member State may request a reduction of 10% of its share if it examined twice the Union average per capita of applications over the preceding ten years.¶¶
- Take charge requests within two months of registration; take back requests within one month of the Eurodac hit.¶¶
- Transfers must be carried out within three months of acceptance, extendable up to one year.¶
- A benefitting Member State may postpone transfers for a maximum period of nine months.¶
- Beneficiaries of international protection can obtain long-term resident status after three years of legal and continuous residence.¶
Legal basis: Article 78(2)(e) and Article 79(2)(a), (b) and (c) of the Treaty on the Functioning of the European Union.¶