Rådsmøde nr. 3405 (retlige og indre anliggender) den 20. juli 2015

Europaudvalget 2015-16
Rådsmøde 3405 - RIA
Offentligt

Council of the

European Union

11097/15

(OR. en)

PROVISIONAL VERSION

PRESSE 49

PR CO 41

OUTCOME OF THE COUNCIL MEETING

3405th Council meeting

Justice and Home Affairs

Brussels, 20 July 2015

President

Jean Asselborn

Minister of Immigration and Asylum of Luxembourg

PRESS

Rue de la Loi 175 B – 1048 BRUSSELS Tel.: +32 (0)2 281 6319 Fax: +32 (0)2 281 8026

[email protected] http://www.consilium.europa.eu/press

11097/15

Rådsmøde nr. 3405 (retlige og indre anliggender) den 20. juli 2015 - Bilag 1336007:

PROVISIONAL VERSION

20 July 2015

CONTENTS

ITEMS DEBATED

Relocation ............................................................................................................................................ 3

Resettlement ......................................................................................................................................... 5

Safe countries of origin ........................................................................................................................ 8

Any other business ............................................................................................................................. 11

–

Valetta Summit ...................................................................................................................................................... 11

EU return policy .................................................................................................................................................... 11

OTHER ITEMS APPROVED

JUSTICE AND HOME AFFAIRS

–

Obligation to take fingerprints ............................................................................................................................... 12



Where declarations, conclusions or resolutions have been formally adopted by the Council, this is indicated

in the heading for the item concerned and the text is placed between quotation marks.

 

Documents for which references are given in the text are available on the Council's Internet site

(http://www.consilium.europa.eu).

 

Acts adopted with statements for the Council minutes which may be released to the public are indicated by

an asterisk; these statements are available on the Council's Internet site or may be obtained from the Press

Office.

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Rådsmøde nr. 3405 (retlige og indre anliggender) den 20. juli 2015 - Bilag 1336007:

PROVISIONAL VERSION

ITEMS DEBATED

Relocation

20 July 2015

The Council reached a general approach on the decision establishing provisional measures in the

area of international protection for the benefit of Italy and Greece (11132/15). This decision

establishes a temporary and exceptional relocation mechanism over two years from the frontline

member states Italy and Greece to other member states (persons in clear need of international

protection).

The Council will formally adopt the decision once the European Parliament gives its opinion, which

is expected in September.

The representatives of the governments of the member states meeting within the Council agreed by

consensus on the distribution of 32 256 persons and adopted the following resolution:

"Resolution of the Representatives of the Governments of the Member States meeting within

the Council on relocating from Greece and Italy 40 000 persons in clear need

of international protection

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES,

HAVING REGARD TO:

The European Council's statement of 23 April 2015 agreeing to increase emergency aid to frontline

Member States and to consider options for organising emergency relocation between all Member

States on a voluntary basis;

The European Council's conclusions of 25-26 June 2015, which in the light of the current

emergency situation and of the EU commitment to reinforce solidarity and responsibility, agreed on

the temporary and exceptional relocation over two years from the frontline Member States Italy and

Greece to other Member States of 40 000 persons in clear need of international protection, in which

all Member States will participate;

The European Council's invitation to the Council to adopt rapidly a Decision to this effect and to all

Member States to agree by consensus, by the end of July, on the distribution of such persons,

reflecting the specific situations of Member States;

AGREE to the relocation of 40 000 persons in clear need of international protection, which will run

over two years, from the frontline Member States Italy and Greece,

AGREE, as a first step, to the relocation of 32 256 persons in accordance with the Annex,

In accordance with the European Council Conclusions of 25-26 June 2015, Denmark and the

United Kingdom are not participating in this Resolution.

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AGREE to update the figures by December 2015 with a view to reaching the overall number of 40

000 in accordance with the commitment taken at the European Council on 25-26 June 2015,

NOTE that a number of States have made statements, which will be entered in the minutes of the

Council.

ANNEX

Austria

Belgium

Bulgaria

Croatia

Cyprus

Czech Republic

Estonia

Finland

France

Germany

Hungary

Ireland

Latvia

Lithuania

Luxembourg

Malta

Netherlands

Poland

Portugal

Romania

1 364

450

400

173

1 100

130

792

6752

10 500

600

200

255

320

2 047

1 100

1 309

1 705

Ireland’s participation in this Resolution is subject to it opting in to the Council Decision

establishing provisional measures in the area of international protection for the benefit of

Italy and Greece under Protocol 21 to the Treaties.

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Slovakia

Slovenia

Spain

Sweden

Resettlement

100

230

1 300

1 369

20 July 2015

The representatives from the member states adopted the following conclusions on the agreement on

resettling through multilateral and national schemes 22 504 displaced persons in clear need of

international protection:

Conclusions of the Representatives of the Governments of the Member States meeting

within the Council on resettling through multilateral and national schemes 20 000 persons in

clear need of international protection

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES,

HAVING REGARD TO:

–

the statement adopted by the European Council, on 23 April 2015, agreeing to set up a first

voluntary pilot project on resettlement across the EU, offering places to persons qualifying for

protection

;

the conclusions adopted by the European Council, on 25-26 June 2015, which, in the light of

the current emergency situation and of the EU commitment to reinforce solidarity and

responsibility, noted the agreement of all Member States to participate including through

multilateral and national schemes in the resettling of 20 000 displaced persons in clear need of

international protection, reflecting the specific situations of Member States

;

the conclusions ('Taking

action to better manage migratory flows''),

adopted at the Justice and

Home Affairs Council meeting on 10 October 2014, recognising that all Member States

should propose a credible number of resettlement places, on a voluntary basis, in a fair and

balanced manner, while taking into account the efforts carried out by Member States affected

by migratory flows

;

The Commission Communication on a European Agenda on Migration, presented on 13 May

2015, that, inter alia, defines a set of immediate measures tailored to respond to the human

tragedy in the whole of the Mediterranean, and calling the European Union in particular to

step up its resettlement efforts

–

NOTE the Commission Recommendation to the Member States, of 8 June 2015, on a European

resettlement scheme to resettle 20 000 people in need of international protection over a two-year

period

EUCO

18/15

EUCO

22/15

14141/14

8961/15 COR 1

9376/15 ADD 1

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NOTE the readiness of the Iceland, Liechtenstein, Norway and Switzerland to participate in this

resettling effort through multilateral and national schemes,

WELCOME the Commission's proposal to increase by EUR 50 million in the years 2015 and 2016

the amounts available under the Union Resettlement Programme, set out in Article 17 of

Regulation

(EU) No 516/2014

of the European Parliament and of the Council,

WELCOME the adoption of the amending budget 5/2015 of the EU for the financial year 2015

“responding to migratory pressures” which foresees an additional amount of EUR 25 million for

2015 under the AMIF Regulation

to implement the European Resettlement Programme,

ACKNOWLEDGE the entitlement of the Member States to receive a financial allocation in

proportion of the number of persons resettled in their territory in accordance with Article 17 of

Regulation (EU) No 516/2014;

RECOGNISE the importance of the supporting role to be played by EASO in the implementation of

this scheme,

RECOGNISE the key role of UNHCR and the substantial contributions by IOM in the resettlement

process,

AGREE:

–

to resettle, as set out in the Annex, persons in clear need of international protection,

through multilateral and national schemes, reflecting the specific situations of Member

States, on request of the United Nations High Commissioner for Refugees, from a third

country to a Member State in agreement with the latter, with the objective of protecting

them against refoulement and admitting and granting them the right to stay and any other

rights similar to those granted to a beneficiary of international protection or in case of a

Member State bound neither by

Directive 2011/95

nor by

Directive 2004/83

, in line with

the Geneva Convention on the Status of Refugees;

to take account of priority regions for resettlement including North Africa, the Middle East

and the Horn of Africa, focusing in particular on the countries where the Regional

Development and Protection Programmes are implemented;

–

Regulation (EU) No 516/2014, of 16 April 2014, of the European Parliament and of the Council

establishing the Asylum, Migration and Integration Fund, amending Council

Decision

2008/381/EC

and repealing

Decisions No 573/2007/EC

and

No 575/2007/EC

of the European

Parliament and of the Council and Council

Decision 2007/435/EC,

O.J. L 150 of 20.05.14.

Directive 2011/95/EU of the European Parliament and of the Council, of 13 December 2011, on

standards for the qualification of third-country nationals or stateless persons as beneficiaries of

international protection, for a uniform status for refugees or for persons eligible for subsidiary

protection, and for the content of the protection granted, O.J. L 337, of 20.12.2011, p. 9.

Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and

status of third country nationals or stateless persons as refugees or as persons who otherwise

need international protection and the content of the protection granted, O.J. L 304, of

30.09.2004, p. 12.

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–

20 July 2015

that effective measures must be taken to avoid secondary movements of resettled persons,

in line with the EU acquis.

WELCOME the readiness of Iceland, Liechtenstein, Norway and Switzerland to participate in this

resettling effort through multilateral and national schemes, as shown in the Annex.

NOTE that a number of States have made statements, which will be entered in the minutes of the

Council.

ANNEX

Austria

Belgium

Bulgaria

Croatia

Cyprus

Czech Republic

Denmark

Estonia

Finland

France

Germany

Greece

Hungary

Ireland

Italy

Latvia

Lithuania

Luxembourg

Malta

Netherlands

Poland

Portugal

Romania

Slovakia

Slovenia

Spain

Sweden

11097/15

1900

1100

150

400

1000

293

2375

1600

354

520

1989

1000

900

191

100

1449

491

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United Kingdom

Norway

Iceland

Liechtenstein

Switzerland

2200

3500

519

20 July 2015

It is noted that a number of States have made statements, concerning the modalities of their

participation, which will be entered in the minutes of the Council."

Safe countries of origin

The Council adopted the following conclusions on the designation of certain third countries as safe

countries of origin.

Council conclusions on safe countries of origin

Recalling that

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 ('Asylum

Procedures Directive')

, enables Member States to designate safe countries of origin for the

purposes a swift examination of applications for international protection, and to establish rules and

modalities for such designation, or to apply this concept in practise and defines common criteria and

procedures to be followed for such designation;

Recalling that, in order to support the swift processing of asylum applications of persons having the

nationality of third countries designated as safe, the Commission has announced in the European

Agenda on Migration its intention to strengthen the 'safe country of origin' provisions of the Asylum

Procedure Directive;

Recalling that, as part of the measures on return/readmission/reintegration, the European Council,

on 25 June 2015, invited the Commission to outline, by July 2015, measures to be taken by EASO

to coordinate the implementation of the 'safe country of origin' provisions in the Asylum Procedures

Directive. It also noted the Commission's intention to strengthen the 'safe country of origin'

provisions in the Asylum Procedures Directive, including the possible establishment of a common

EU list of safe countries of origin;

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, OJ l 180 of

29.06.2013.

In accordance with Articles 1 and 2 of Protocol No 22 on the position of

Denmark, annexed to the TEU and to the TFEU, Denmark did not take part in the adoption

of Directive 2013/32 and is not bound by it or subject to its application.

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Recalling the EASO 2015 update of the key findings of its 2013 report on 'Asylum Applicants from

the Western Balkans: comparative analysis of the trends, push-pull factors and responses'.

Whereas:

The designation by a Member State of a third country as safe country of origin allows this Member

State to accelerate and/or conduct at the border or in transit zones the examination of applications

for international protection made by applicants who have the nationality of this third country. This

can therefore be an effective tool for addressing situations when large numbers of asylum

applications are lodged by nationals of third countries for whom there is a presumption that they do

not qualify for international protection.

A country may be considered as a safe country of origin under the conditions prescribed by Articles

36 and 37 as well as in Annex I of the Asylum Procedures Directive. Several Member States have

designated at national level certain third countries as safe countries of origin, in the meaning of this

Directive.

Member States must examine each case on its merits. In addition, where an applicant shows that

there are valid reasons to consider the country not to be safe in his or her particular circumstances,

the designation of the country as safe can no longer be considered relevant for him or her.

Several Member States have designated at national level certain third countries as safe countries of

origin, in the meaning of the Asylum Procedures Directive. Regular reviews of the situation in those

countries need to be carried out.

The Asylum Procedures Directive acknowledges the need for a coordinated approach between

Member States on the use of safe country of origin concept, leading to potential further

harmonisation in this area in the future.

The European Council, already in June 2000, recognised that all the countries of the Western

Balkans were potential candidates for membership of the EU

and reiterated the European

perspective of the Western Balkans on numerous occasions. Furthermore, the progress achieved by

these countries, in particular in the areas of rule of law and respect of fundamental rights, is

annually assessed by the Commission in its communications on 'Enlargement Strategy and Main

Challenges'.

THE COUNCIL OF THE EUROPEAN UNION

Santa Maria Da Feira European Council 19 And 20 June 2000 Conclusions of the

Presidency, para.67.

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TAKES NOTE of the fact that several Member States have national lists of safe countries of origin

within the meaning of the Asylum Procedures Directive.

STRESSES the importance of ensuring rapidly a coordinated approach between Member States on

the designation at national level of third countries as safe countries of origin within the meaning of

the Asylum Procedures Directive.

STRONGLY RECOMMENDS therefore that, without delay, Member States assess which third

countries could be designated at national level as safe countries of origin, within a coordination

process to be led by EASO and in line with the criteria and procedural requirements defined in the

Asylum Procedures Directive.

NOTES with regards to the Western Balkans countries that a majority of national lists of safe

countries of origin include these countries, that the European Council reiterated on numerous

occasions their European perspective and that Albania, Bosnia and Herzegovina, the former

Yugoslav Republic of Macedonia, Montenegro and Serbia were transferred to the list of countries

whose nationals are exempt from the visa requirement as of 19 December 2009 and 15 December

2010 respectively. Moreover, the EU-wide average asylum recognition rate for the Western Balkans

countries was rather low in 2014. This suggests that the Western Balkans countries could be

considered as safe countries of origin by all the Member States.

STRONGLY RECOMMENDS therefore that priority should be given to an assessment by all

Member States of the safety of the Western Balkans

, within a coordination process to be led by

EASO and in line with the criteria and procedural requirements defined in the Asylum Procedures

Directive.

WELCOMES the intention of the Commission to strengthen the safe countries of origin provisions

in the Asylum Procedures Directive, including the possible establishment of a common EU list of

safe countries of origin."

Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia,

Montenegro, Serbia and Kosovo*.

This designation is without prejudice to positions on status, and is in line with

UNSCR 1244/99

and the ICJ Opinion on the Kosovo declaration of independence.

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Any other business

–

Valetta Summit

20 July 2015

The Council took note of the information provided by Pierre Vimont, the personal envoy of the

President of the European Council, Donald Tusk, on the state of play of the preparations for the

Valletta Conference.

The Valletta Summit will bring together leaders of the EU and of African countries on 11 and 12

November 2015. Its purpose is to reinforce cooperation with African partners to tackle the causes of

illegal migration and combat the smuggling and trafficking of human beings. The Valletta Summit

was called for by the special European Council of 23 April 2015.

–

EU return policy

The Council took note of the views expressed by the Spanish delegation on the EU return policy.

The special European Council of 23 April 2015 undertook to set up a new return programme for the

rapid return of illegal migrants from frontline member states, coordinated by Frontex.

The Luxembourg presidency intends to invite the Council to discuss the EU return policy at its

meeting on 8 and 9 October 2015.

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OTHER ITEMS APPROVED

JUSTICE AND HOME AFFAIRS

Obligation to take fingerprints

20 July 2015

The Council adopted a note inviting the EU member states to follow the Commission guidance on

the implementation of the Eurodac regulation as regards the obligation to take fingerprints of

asylum seekers and irregular migrants (11013/15).

11097/15