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]
LIBE-PR-698950
Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Tomas Tobé
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This is the rapporteur's draft report on the proposed regulation on asylum and migration management, amending Council Directive (EC) 2003/109 and the proposed Asylum and Migration Fund.¶¶ It proposes a long-term European Asylum and Migration Management Strategy and annual situational reports, and sets out procedures when a member state is at risk of, or under, migratory pressure.¶¶¶ It reworks the solidarity mechanism: contributions for a member state under migratory pressure include relocation, return sponsorship, capacity and external measures, and examining applications.¶¶¶ It deletes the Solidarity Forum and the rules on disembarkations from search and rescue operations, and removes the diploma and irregular entry responsibility criteria.¶¶¶ It changes rules on family members, unaccompanied minors, time limits for take charge requests and transfers, and return sponsorship after 8 months.¶¶¶
Committee position. The rapporteur proposes to amend the Commission proposal by adding a long-term strategy and annual situational reports, new procedures for risk of and actual migratory pressure, reworked solidarity contributions, and deleting the Solidarity Forum, the search and rescue disembarkation rules, and the diploma and irregular entry responsibility criteria.¶¶¶
Key points
- The Commission should adopt a long-term European Asylum and Migration Management Strategy, the first within 18 months of entry into force and every five years thereafter.¶
- The Commission should issue annual situational reports covering applications, return decisions, resettlement, take charge requests and transfers, and transmit them to Parliament and the Council.¶
- Member states should have national asylum and migration management strategies with contingency planning and information on implementing the principles.¶
- A member state at risk of migratory pressure notifies the Commission, which coordinates measures within two weeks and adopts a prevention response plan within four weeks.¶
- A member state under migratory pressure notifies Parliament, the Council and the Commission; the Commission assesses within one week and adopts a Solidarity Response Plan.¶
- The Commission and member states should promote partnerships with third countries on migration management, including return, applying the Neighbourhood, Development and International Cooperation Instrument – Global Europe.¶¶
- The member state of first entry, or where the applicant is legally present, is responsible for examining an application, unless another member state can be designated under the criteria.¶¶
- The definition of family members should include siblings where the applicant is a minor, and families formed outside the country of origin with a well-proven family link.¶¶¶
- Solidarity contributions for a member state under migratory pressure consist of relocation, return sponsorship, capacity and external measures, and examining applications; member states should prioritise relocation of unaccompanied minors and other vulnerable persons.¶¶¶
- Member states submit Solidarity Response Plans within two weeks of the notification; the Commission may invite them to adjust contributions and set remaining needs in an implementing act.¶¶¶
- Under return sponsorship, if third-country nationals are not returned within 8 months, the contributing member state transfers them to its own territory and continues the return procedure.¶
- Take charge requests must be sent within one month of registration, the requested member state decides within two months, and transfers must take place within six months, extendable to one year.¶¶¶
Who is affected
- Member states, which must set up national strategies, submit solidarity response plans and take charge of applicants.¶¶¶
- Applicants for international protection, who must cooperate and may face additional obligations to prevent unauthorised movements.¶¶
- Unaccompanied minors, for whom relocation should be prioritised and the best interests of the child assessed.¶¶
- Third-country nationals subject to return sponsorship, who may be transferred to the contributing member state after 8 months.¶
Figures and deadlines
- At least 10 % of the total budget of the Neighbourhood, Development and International Cooperation Instrument – Global Europe dedicated to migration and forced displacement actions.¶
- The first Strategy adopted by 18 months after entry into force, and every five years thereafter.¶
- Commission coordinates measures within two weeks of notification of risk of migratory pressure, and adopts a prevention response plan within four weeks.¶
- Commission initiates assessment within one week of notification of migratory pressure; member state submits national solidarity response plan within one month.¶
- Return sponsorship: transfer to the contributing member state if persons are not returned within 8 months.¶
- Take charge request within one month of registration; requested member state decides within two months; transfer within six months, extendable up to one year.¶¶¶
- A member state may request a deduction of 10% of its share where over the preceding ten years it examined twice the Union average per capita of applications.¶
- Review by 18 months after entry into force and every two years thereafter; evaluation no sooner than three years after application and every five years thereafter.¶¶
Legal basis: Article 294(2) and Article 78(2)(e) and Article 79(2)(a)(b) and (c) of the Treaty on the Functioning of the European Union.¶