Legal provisions of COM(2015)450 - Crisis relocation mechanism and amendment of the regulation on determining the Member State responsible for examining asylum applications - Main contents
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| dossier | COM(2015)450 - Crisis relocation mechanism and amendment of the regulation on determining the Member State responsible for examining asylum ... |
|---|---|
| document | COM(2015)450  |
| date | September 9, 2015 |
2015/0208 (COD)
Proposal for a
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
establishing a crisis relocation mechanism and amending Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third country national or a stateless person
Article 1
(1) In Article 2 the following points are added:
"o) ‘relocation’ means the transfer of an applicant from the territory of the Member State which the criteria laid down in Chapter III of this Regulation indicate as responsible for examining his or her application for international protection ('Member State benefiting from relocation') to the territory of the Member State of relocation;
p) ‘Member State of relocation’ means the Member States which becomes responsible for examining the application for international protection pursuant to this Regulation of an applicant following his or her relocation to the territory of that Member State."
(2) In Article 4(1) the following point is added:
“(g) where applicable, the relocation procedure set out in Section VII of Chapter VI.”
(3) In Article 18(1) the following point is added:
" e) take back, under the conditions laid down in Articles 23, 24, 25 and 29 a beneficiary of international protection, who after having been relocated, made an application in another Member State than the Member State of relocation or who is on the territory of another Member State than the Member State of relocation without a residence document ."
(4) In Chapter VI, the following Section VII is added:
"SECTION VII
Crisis relocation mechanism
Article 33 - a Crisis relocation mechanism
1. Where, on the basis of substantiated information, in particular the information gathered by EASO pursuant to Regulation (EU) No 439/2010 and by the European Agency for the Management of Operational Cooperation at the External Borders established by Council Regulation (EC) No 2007/2004*, the Commission establishes that a Member State is confronted with a crisis situation jeopardizing the application of this Regulation due to extreme pressure characterised by a large and disproportionate inflow of third-country nationals or stateless persons, which places significant demands on its asylum system, the crisis relocation mechanism referred to in paragraph 2 shall be applied for the benefit of that Member State.2. Under the crisis relocation mechanism, a number of applications for international protection shall be examined by the Member State of relocation in derogation from the principle set out in Article 3(1) according to which an application shall be examined by the Member State which the criteria set out in Chapter III indicate as being responsible. In addition, the detailed procedural rules set out in Annex IV shall apply, in derogation from Articles 21, 22 and 29.
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 45 on the application of the crisis relocation mechanism for the benefit of a Member State.
4. In the delegated acts referred to in paragraph 3 the Commission shall:
(a) ascertain that there is a crisis situation referred to in paragraph 1 in the Member State benefiting from relocation,
(b) determine the number of persons to be relocated from that Member State,
(c) determine the distribution of those persons between Member States by applying the formula for a distribution key referred to in Article 33b, and
(d) set the period of application of the crisis relocation mechanism.
5. When ascertaining whether there is a crisis situation referred to in point (a) of paragraph 4, the Commission shall establish that the crisis is of such a magnitude as to place extreme pressure even on a well prepared asylum system which is functioning in line with all relevant aspects of the EU asylum acquis, also taking account of the size of the Member State concerned.
In making this assessment, the Commission shall, inter alia, take into account the total number of applicants for international protection and of irregular entries of third country nationals and stateless persons in the six months preceding the adoption of the delegated act, the increase in such numbers compared to the same period in the previous year as well as the number of applications per capita in the Member State benefiting from relocation over the previous 18 months compared to the Union average.
6. For determining the number of persons to be relocated referred to in point (b) of paragraph 4, the Commission shall take into account the following, in particular:
(a)the number of applicants for international protection per capita in the Member State benefiting from relocation in the 18 months, and in particular in the six months, preceding the adoption of the delegated act compared to the Union average,
(b)the capacity of the asylum system of that Member State, and
(c)the participation of the Member State in previous solidarity initiatives as well as the extent to which the Member State has benefited from previous EU solidarity measures.
The number of persons to be relocated shall not exceed 40% of the number of applications lodged with that Member State in the six months preceding the adoption of the delegated act.
Article 33 - b Distribution key
1. Relocation shall take place pursuant to the formula for a distribution key as set out in Annex III.2. A Member State may, in exceptional circumstances, within one month of the entry into force of the delegated act referred to in Article 33a(3), notify to the Commission that it is temporarily unable to take part, in full or in part, in the relocation of applicants from the Member State benefiting from relocation, giving duly justified reasons compatible with the fundamental values of the Union enshrined in Article 2 of the Treaty on European Union. The Commission shall assess the reasons given and address a decision to such Member State. Where the Commission finds that the notification is duly justified, the Member State shall be freed, for a period of one year, from its obligation to take part in the relocation of applicants, and shall instead make a financial contribution to the EU budget of an amount of 0,002 % of GDP; in case of partial participation in the relocation, this amount shall be reduced in proportion. This contribution shall be used to finance assistance supporting the efforts undertaken by all other Member States to cope with the crisis situation and the consequences of the non-participation of such Member State to the relocation, pursuant to the provisions of Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decision No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC 13 . It shall constitute assigned revenue within the meaning of Article 21(4) of Regulation (EU, Euratom) No. 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 14 .
The Commission shall amend the delegated act referred to in Article 33a(3) in order to redistribute the allocations under the distribution key that were foreseen for any Member State which has made a notification accepted by the Commission pursuant to the first sentence of this paragraph to the remaining Member States, in line with the formula for a distribution key set out in Annex III.
3. The participation of a Member State to relocation pursuant to the distribution key is suspended where that Member State is a Member State benefiting from relocation.
Article 33 - c Scope of the crisis relocation mechanism
1. Relocation shall only take place in respect of applicants who have lodged their application for international protection in a Member State confronted with a crisis situation referred to in Article 33a(1) and where that Member State would have otherwise been responsible pursuant to the criteria for determining the Member State responsible set out in Chapter III.2. Relocation shall only be applied in respect of applicants belonging to nationalities for which the proportion of decisions granting international protection among decisions taken at first instance on applications for international protection as referred to in Chapter III of Directive 2013/32/EU is, according to the latest available updated quarterly Union-wide average Eurostat data, 75% or higher. In the case of stateless persons, the country of former habitual residence shall be taken into account. Quarterly updates shall only be taken into account in respect of applicants who have not already been identified as applicants who could be relocated in accordance with point 3 of annex IV.
Article 33 - d Complementary measures to be taken by the Member State benefiting from relocation
1. Member State benefiting from relocation shall, on the date of entry into force of the delegated act referred to in Article 33a(3), present a roadmap to the Commission with measures to ensure the appropriate implementation of the crisis relocation mechanism. Where applicable, these measures shall be presented as part of a crisis management action plan pursuant to Article 33(3). The Member State benefiting from relocation shall fully implement these measures.2. The Commission shall be empowered to adopt a delegated act in accordance with Article 45 to suspend the application of the crisis relocation mechanism for the benefit of a Member State where the Member State benefiting from relocation does not comply with the obligations referred to in paragraph 1. The Commission shall first give the Member State concerned the opportunity to present its views. Such suspension shall not affect the transfers of applicants that are pending following approval of the Member State of relocation pursuant to point 4 of annex IV."
(5) In Article 45, the following paragraphs are added:
"6. The power to adopt delegated acts referred to in Article 33a and 33d shall be conferred on the Commission for a period of 5 years from [the date of entry into force of this Regulation – OPOCE should replace with exact date]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
7. The delegation of power referred to in Article 33a and 33d may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
8. A delegated act adopted pursuant to Article 33a and 33d shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two weeks of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two weeks at the initiative of the European Parliament or of the Council. The delegated act shall be applicable for a maximum of two years."
(6) New annexes III and IV as set out in the annex to this Regulation are added.
Article 2
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.