Brussels, 10 February 2016
In view of next week's European Council, the
Commission is today reporting on the implementation of the priority
actions under the European Agenda for Migration and highlighting key
areas where immediate action is needed to restore control.
The most severe refugee crisis since the Second World War, with
over 60 million refugees or internally displaced people across the
globe, requires a radical strengthening of the EU migration system and a
coordinated European response. While a reduction in flows is highly
desirable in view of often overwhelmed national and local authorities,
there should be no illusions that the refugee crisis will end before its
root causes – instability, war and terror in Europe’s immediate
neighbourhood, notably continued war and atrocities in Syria – are
addressed in a definite manner.
Over the last six months, the
European Commission has worked for a swift, coordinated European
response, tabling a series of proposals designed to equip Member States
with the tools necessary to better manage the large number of arrivals.
From tripling the presence at sea; through a new system of emergency
solidarity to relocate asylum seekers from the most affected countries;
via an unprecedented mobilisation of the EU budget of over €10 billion
to address the refugee crisis and assist the countries most affected;
providing a new coordination and cooperation framework for the Western
Balkan countries; starting a new partnership with Turkey; all the way to
an ambitious proposal for a new European Border and Coast Guard, the
European Union is bolstering Europe's asylum and migration policy to
deal with the new challenges it is facing. However, while important
building blocks havebeen put in place, full implementation on the ground
has been lacking. It is clear that much more needs to be done to
achieve a sustainable system of migration management.
In view of next week's European Council, the Commission is today reporting
on the implementation of the priority actions under the European Agenda
for Migration and highlighting key areas where immediate action is
needed to restore control of the situation.
European Commission First Vice-President Frans Timmermans said:
"In the second half of 2015 unprecedented numbers of people have found
their way into Europe by irregular means. Those who need protection must
apply for asylum in the first EU country they reach. If necessary, they
can be relocated to other Member States in order to achieve a fairer
distribution. But people who do not claim asylum, or who do not qualify
for it, must be quickly and effectively identified and returned. Getting
back to an orderly management of flows is the most pressing priority
today. The European Commission is supporting Member States in delivering
a coordinated European response, including in terms of substantial
financial and practical support."
Migration, Home Affairs and Citizenship Commissioner Dimitris Avramopoulos said: "While
the number of migrants arriving to Europe remains high, we need to
step-up the implementation of the agreed European response that strikes
the balance between responsibility and solidarity. It must be clear for
people arriving in the Union that if they need protection they will
receive it, but it is not up to them to decide where; and if they do not
qualify for protection, they will be returned. To better manage the
flow of migrants and secure European borders, all Member States shall
deliver on their commitments, strictly apply the European rules on
asylum and border control and provide the necessary support to those
Member States that are the most exposed."
In December, the European Commission reported
on the progress made on the execution of decisions taken by the Member
States and found that implementation was too slow. Two months later,
some progress has been made on a range of issues. For example, there has
been progress in the rate of fingerprinting, which is a crucial
component in the proper management of the asylum system. The proportion
of migrants whose fingerprints are included in the Eurodac database has
risen in Greece from 8% in September 2015 to 78% in January 2016, and in
Italy from 36% to 87% over the same period. It remains the case,
however, that numerous deadlines have not been met and commitments are
slow to be fulfilled.
To present the progress achieved so far and the work that still need to be completed, the Commission has today presented Progress Reports
on the hotspot system and relocation scheme in Italy and Greece and the
measures taken to implement the commitments in the Statement agreed at
the Western Balkans Route Leaders Meeting in October 2015. The Commission is also issuing reasoned opinions
in nine infringement cases as part of its commitment under the European
Agenda for Migration to prioritise implementation of the Common
European Asylum System. Moreover the Commission is presenting a report
on the implementation of the EU-Turkey Action Plan.
The
Commission has adopted today a Recommendation addressed to Greece on
the urgent measures to be taken in view of the gradual resumption of
transfers under the Dublin Regulation. The College has also proposed the
temporary suspension of the relocation scheme as regards 30% of
applicants due to be relocated to Austria this year. Finally, the
College discussed draft recommendations under Article 19b of the
Schengen Borders Code to be addressed to Greece.
Stabilising the situation in Member States under greatest pressure: recommendation on restoring Dublin transfers to Greece ...
For
the Common European Asylum System to work, there must be a real
possibility to return asylum-seekers to the country of first entry into
the EU, as foreseen by the commonly agreed EU rules. Since 2010-11,
Member States have not been able to carry out Dublin transfers to Greece
due to systemic deficiencies raised by the European Court of Human
Rights and the European Court of Justice (ECJ).
The Commission has today adopted a Recommendation
addressed to Greece on the urgent measures to be taken in view of the
possible resumption of some transfers under the Dublin Regulation.
Since the ECJ judgement in 2011, Greece has made some improvements and
has taken action to remedy the shortcomings in its asylum system,
closely monitored by the Commission, European Asylum Support Office, and
Member States.
However, the Commission recognises that even
though more adequate asylum structures have been established, such as
the Asylum Service and First Reception Service, there are still key
areas in the asylum process that need to be improved before the Dublin
Regulation can be fully applied to Greece again, notably in the areas of
reception capacity and conditions, access to the asylum procedure,
appeals and legal aid.
The Recommendation sets out the concrete
steps that must be taken to bring Greece back into the Dublin system,
focusing on enhancing reception capacity and living conditions for
asylum seekers in Greece and allowing effective access to the asylum
procedure, including appeals, by ensuring that the relevant institutions
are fully operational, adequately staffed and equipped to examine more
applications. At the same time account should be taken of the burden
placed on Greece by the current high number of asylum seekers.
It
will be for Member States authorities under the control of their courts
and the Court of Justice to decide whether they consider that the
conditions are such that a limited resumption of transfers can commence.
The Recommendation asks Greece to report on progress in March, which
will clarify the assessment whether the conditions are such as to allow
for Member States to resume individual transfers to Greece under the
Dublin Regulation in the light of the specific progress being made.
Ensuring Strong borders
Managing
the EU's external border brings responsibilities. Under severe
migratory pressure, several countries including Member States have seen
themselves as transit countries only, setting up small-scale and very
short-term reception capacity and in some cases transporting migrants
from one border to another. The Commission has in this regard, insisted
on the importance of the registration of migrants, the resilience of
borders and on increasing reception capacity in order to ensure
structural solutions to the challenge Europe is facing.
To address
this trend, it is necessary that the countries along the route speed up
the fulfilment of the commitments taken at the Western Balkans Leaders'
Meeting and ensure that decisions taken are fully coordinated and,
where relevant, framed by Union law. Most importantly, all Member States
must commit to ending the 'wave-through' approach to those who indicate
an interest in applying for asylum elsewhere. Those who are not in need
of protection must be swiftly returned, in full respect of fundamental
rights.
The Union's ability to maintain an area free from internal
border control is contingent on having secure external borders. The
Schengen system contains a great deal of flexibility to allow Member
States to respond to evolving circumstances. The continued increase in
the numbers of migrants and refugees arriving resulted in Member States
taking exceptional last resort measures, such as temporarily
reintroducing internal border controls, in accordance with the
provisions under the Schengen Borders Code.
Today the College of Commissioners has discussed draft recommendations for Greece under Article 19b of the Schengen Borders Code.
After a Schengen Evaluation Report concluded that there are
shortcomings in Greece's external border management, the Council is now
considering recommendations to remedy these serious deficiencies. The
Commission stands ready to take appropriate implementing measures once
the Council has decided on this. The stabilisation of the Schengen
system through the use of its safeguard mechanisms is essential in order
to ensure the subsequent lifting of all internal border controls.
Implementing relocation
Relocation
is an essential tool to lessen the strain on the Member States under
greatest pressure, to ensure a fairer distribution of asylum seekers
across Europe, and to restore order to the management of migration. But
it requires effective cooperation between relocating countries, and the
receiving Member States and the political will to make relocation work.
That
is why the Commission has today written to all Member States to remind
them of their obligations under the two relocation decisions and to call
for acceleration in the pace of implementation in view of the clear
objective to provide urgent assistance. As border controls along the
Western Balkans route tighten, the pressures that these decisions were
intended to alleviate are likely to increase, making the need for
solidarity even more compelling.
The relocation decision provides
for the possibility to adapt the relocation mechanism in cases where
Member States are confronted with sharp shifts in migrations flows
resulting in sudden inflow of nationals of third countries. Due to the
emergency situation that Austria is currently facing, the Commission has
proposed a one-year temporary suspension of the relocation of 30% of
applicants allocated to Austria. The current situation in Austria is
characterised by a sudden inflow of nationals of third countries on its
territory resulting from secondary movements across Europe, leading to a
sharp increase of the number of applicants for international
protection. In December, the Commission had already proposed that the
obligations of Sweden concerning relocation should be temporarily
suspended for one year.
Background
The
European Commission has been consistently and continuously working for a
coordinated European response on the refugees and migration front.
Upon
taking office, European Commission President Jean-Claude Juncker
entrusted a Commissioner with special responsibility for Migration,
Dimitris Avramopoulos, to work together with the other Commissioners,
under the coordination of First Vice-President Frans Timmermans, on a
new policy on migration as one of the 10 priorities of the Political
Guidelines.
On 13 May 2015, the European Commission presented its
European Agenda on Migration, setting out a comprehensive approach for
improving the management of migration in all its aspects.
Three implementation packages under the Agenda, on 27 May 2015, on 9 September 2015 and 15 December have already been adopted.
