Europaudvalget 2015-16
Rådsmøde 3408 - RIA
Offentligt
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Council of the
European Union
11969/15
(OR. en)
EN
PRESSE 53
PR CO 45
OUTCOME OF THE COUNCIL MEETING
3408th Council meeting
Justice and Home Affairs
Brussels, 14 September 2015
President
Jean Asselborn
Minister of Immigration and Asylum
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
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CONTENTS
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ITEMS DEBATED
Update on migration movements ......................................................................................................... 3
European Union action......................................................................................................................... 3
OTHER ITEMS APPROVED
JUSTICE AND HOME AFFAIRS
–
–
Relocation ................................................................................................................................................................ 8
SIS - return decisions............................................................................................................................................... 8
1

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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ITEMS DEBATED
Update on migration movements
Home affairs ministers were briefed by a number of EU and United Nations agencies (Frontex, the
European Asylum Support Office (EASO), Europol, UNHCR and International Organisation for
Migration) on the latest information on migratory flows and the situation on the ground.
European Union action
The Council heard a presentation by the European Commission on the package of concrete
measures adopted on 9 September to respond to the current refugee crisis and to prepare for future
challenges.
Ministers were also informed about the progress made in implementing the most recent EU
measures.
After the discussions on migration held in the Council in the presence of Schengen associate
countries, the Presidency, supported by a large majority of delegations, drew the following
conclusions:
"1.
The Council has heard the United Nations High Commissioner for Refugees,
António Guterres, and the Director General of the International Organization for Migration,
William Lacy Swing. Both have underlined the alarming situation of people massively fleeing
conflict regions. Member States and the Commission have agreed to further develop
resettlement possibilities.
In addition, support given by the European Union's budget and by Member States will be
increased in order to help the UNHCR to respond to the needs of refugees in camps
established close to their places of origin, in particular, at the present moment, in Iraq, Jordan,
Lebanon and Turkey. The Council has agreed to increase the European Union Regional Trust
Fund in response to the Syrian Crisis (the Madad Fund) significantly to provide immediate ad
hoc support for Syria and the neighbouring countries. As a first step, additional support will
be provided immediately by the Commission through the Humanitarian Aid and Civil
Protection Office ECHO to partners operating in origin or transit countries outside of the EU
on the basis of proposals submitted by these partners. In this context, the Council has
welcomed Norway's offer to host an international donors' conference to help Syrians
displaced by war.
2.
The Council has stressed that effective border control is imperative for the management of
migration flows.
The Council reiterated its commitment to further strengthen ongoing operations, particularly
the Frontex Joint Operations TRITON 2015 and POSEIDON 2015, as well as operation
EUNAVFOR MED. The Council welcomed the announcement of the Commission to propose
before the end of the year a significant strengthening of Frontex and its further development.
3.
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4.
The Council has agreed that it is necessary to deploy without delay Frontex Rapid Border
Interventions Teams to reinforce the response capacity of the European Union at sensitive
external borders in consultation with the Member States concerned and in line with Frontex
Regulation. Measures will be designed to support frontline and transit countries. The Council
has invited Frontex, EASO and the Commission, in cooperation with relevant Member States,
to implement and coordinate further actions that will help the European Union as a whole to
cope with migratory pressures. Calls for contributions should be issued and Member States
have agreed to respond to the requested support.
Challenges faced by Greece are European ones. In order to tackle these challenges together,
the Council, in parallel to rapid and effective relocation measures, has agreed that Greece
should be supported in its efforts to strengthen the reception capacities, the asylum system and
the management of the external borders in full respect of human rights and safety
requirements. Adequate financial resources should be made available.
The Council agreed to further support the capacities of affected Western Balkan countries to
manage their borders, receive and process flows of migrants, grant protection to those entitled
to it and ensure the return of those who are not in need of international protection. Available
resources from the enlargement process will be prioritised, as necessary. To help affected
Western Balkan countries to better cope with incoming migratory flows, additional avenues
could be considered, as well as specific financial mechanisms.
As a major first reception and transit country for migrants and given its geographic position,
Turkey is a main partner of the EU in the management of migratory flows. The EU will
continue to engage with Turkey to jointly meet these challenges. In this context, the EU
stands ready to increase cooperation with Turkey, including in the area of border management
and in the fight against smuggling and trafficking in human beings.
As an immediate response to the current situation, the Council decided in July to relocate
40 000 persons in need of international protection from Italy and Greece. At this Council,
some Member States committed to complete their pledges already by the end of November.
After consultation with the European Parliament, the decision
1
establishing provisional
measures in the area of international protection for the benefit of Italy and Greece has
formally been adopted by the Council on 14 September 2015. In parallel, as this decision
enters into force, it is crucial that robust mechanisms become operational by 16 September in
Italy and Greece to ensure identification, registration and fingerprinting of migrants; to
identify persons in need of international protection and support their relocation; and to
identify irregular migrants to be returned. To ensure that the process remains efficient and
manageable, reception will be duly organised so as to temporarily accommodate people in
line with the EU acquis until a decision is quickly taken on their situation. When voluntary
return is not practicable and other measures provided for in the Return Directive and in the
Handbook on return are inadequate to prevent secondary movements, detention measures in
line with article 15 of the Return Directive should be applied urgently and effectively. In
order to achieve an effective return policy, the policies referred to at paragraph 11 are of
utmost importance in this context.
5.
6.
7.
8.
1
Documents
11673/15
ASIM 76 and
11161/15
ASIM 67 + COR 1 (fi)
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Ministers have heard reports from all parties involved on results achieved so far in setting-up
these hotspots and reception facilities and have requested further, decisive progress. The
Commission will report on the effective implementation of the hotspots by the end of next
week.
Member States will immediately deploy liaison officers to Italy and Greece. The Council has
welcomed the intention of the Commission to convene an operational meeting with Member
States within a week, after the presentation of relocation roadmaps by Italy and Greece on
15 September.
Adequate measures will be taken to prevent secondary movements.
9.
The Council has welcomed the comprehensiveness of measures proposed by the European
Commission on 9 September 2015, which, together with measures already foreseen by the
European Agenda on migration, constitute an important step to manage the refugee crisis. The
Council will examine those proposals without delay and invites the European Parliament to
consider them also as a matter of priority. In addition, the Council looks forward to the
European Commission’s upcoming proposals on the management of the European Union’s
external borders, to be presented before the end of the year.
In light of the current exceptional emergency situation and in view of the measures mentioned
in paragraphs 3 to 8, the Council
2
has agreed in principle to relocate an additional 120 000
persons in need of international protection from any Member States exposed to massive
migratory flows. All Member States confirm their willingness to participate
2
. The numbers
proposed by the Commission constitute the basis for an agreement on the distribution of those
persons within the European Union. Work will be carried out as a matter of priority on the
preparation of a formal decision to implement this commitment, with due regard to the
flexibility that could be needed by Member States in the implementation of the decision, in
particular to accommodate the current situation and unforeseen developments. With a view to
the adoption of this decision at the next meeting of the Justice and Home Affairs Council
scheduled on 8-9 October, the Council has invited the European Parliament to express its
opinion as a matter of urgency.
This relocation mechanism for 120 000 persons is a temporary mechanism, in the framework
of article 78 (3) TFEU. Whereas the Dublin Regulation will remain in force, the Council has
noted that the Commission will come forward with an evaluation and a possible proposal for
the revision of this Regulation.
10.
11.
2
Without prejudice to the specific situation of the United Kingdom, Ireland and Denmark
pursuant to Protocols 21 and 22 to the Treaties. The UK will not participate.
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12.
The Council has recalled the importance of effective return and readmission policies, which
should be implemented with utmost urgency by all Member States and enforced in a manner
consistent with the acquis. The communication of the Commission on a European Return
Program and the recommendation on a Handbook on Return have been welcomed and will be
examined in the coming days in view of an endorsement at the Council meeting on 8-9
October 2015. In the meantime, the Council has adopted on 14 September 2015 conclusions
3
on a more efficient use of the SIS for the purpose of refusing entry and stay to irregular
migrants. Their return must be enforced consistently with adequate financial resources
provided by the EU budget. The role of Frontex should be enhanced within the existing
framework as well as by making the necessary amendments to the Frontex regulation. All
tools should be mobilised to promote readmission of irregular migrants to countries of origin
and transit.
Third countries need to take back their nationals that have no right to stay in the EU. Both
operational and political cooperation and partnerships on readmission with countries of origin
have to be stepped up, particularly where a formal approach through readmission agreements
is deemed too cumbersome or is not achieving results.
Readmission commitments need to be implemented effectively without delay, including in
particular Article 13 of the Cotonou Agreement.
All leverages, and particularly foreign policy and visa policy, should be mobilized to increase
the acceptance by countries of origin of the EU laissez-passer for the return of migrants
staying illegally. In the short term, the European Commission should take all necessary steps
to increase the security features of this document.
13.
In addition to national lists, the Council agreed to adopt a common European Union list of
safe countries of origin. This will apply in particular to countries already identified in Council
conclusions on safe third countries adopted on 20 July 2015. The Council shall carry out all
preparatory steps necessary to present its position in the ordinary legislative procedure already
in October.
The Council stressed once more the importance of reinforcing cooperation with relevant third
countries. The High Representative is urged to step up high-level demarches in the main
countries of origin and transit. The Valletta summit and the high-level conference to address
the challenges of the Western Balkans route will be instrumental in strengthening this
cooperation. The necessary resources should be made available through reprioritisation of
development cooperation as well as economic assistance and direct investment in
infrastructure and businesses in relevant third countries. Interventions should be based on an
integrated approach of internal and external instruments provided for by EU common policies.
14.
3
Document
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15.
In this respect, the Council agreed that, in parallel to these short term measures and in
combination with solid resettlement programs, implementation shall start on a medium-term
strategy based on this integrated approach, aimed at developing safe and sustainable reception
capacities in the affected regions and providing lasting prospects and adequate procedures for
refugees and their families until return to their country of origin is possible. Once the
conditions set by Directive 2013/32/EU are met, notably the principle of non-refoulement
referred to in its Article 38, EU Member States are in a position to find asylum applications of
these persons inadmissible on safe third country grounds in accordance with Article 33 of the
said Directive, after which swift assisted return can follow.
The Council invited the Commission to submit to the budgetary authority as soon as possible
adequate proposals to increase financial and human resources so that Member States facing
disproportionate pressures on their asylum and reception systems and EU Agencies
confronted with a huge increase of their tasks can respond to the situation.
Member States, the Commission, EU agencies and all relevant stakeholders were urged to
implement fully and swiftly all actions already decided to manage migratory flows. The note
of the Presidency submitted to the Council
4
identifies a number of other measures to be
considered.
The Council has taken note of the recent notification by a Member State to reintroduce
internal border control at borders exposed to massive migratory pressure. This Member State
underlined the provisional nature of such measures, intended to restore a normal situation
without serious threat to public policy or internal security. The Council has stressed the need
to fully apply the EU asylum and Schengen
acquis."
16.
17.
18.
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Document
11782/1/15 REV 1
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OTHER ITEMS APPROVED
JUSTICE AND HOME AFFAIRS
Relocation
The Council adopted a decision establishing provisional measures in the area of international
protection for the benefit of Italy and Greece.
This decision establishes a temporary and exceptional relocation mechanism over two years from
the frontline member states Italy and Greece to other member states. It will apply to 40 000 persons
in clear need of international protection who have arrived or are arriving on the territory of those
member states as from 15 August 2015 until 16 September 2017.
For more information see
press release
SIS - return decisions
The Council adopted conclusions (11648/15) on alerts in the SIS for the purpose of refusing entry
and stay pursuant to Article 24 of the SIS II Regulation upon a return decision.
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