Decision 2016/946 - Provisional measures in the area of international protection for the benefit of Sweden in accordance with Article 9 of Decision (EU) 2015/1523 and Article 9 of Decision (EU) 2015/1601 establishing provisional measures in the area of international protection for the benefit of Italy and Greece

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1.

Current status

This decision has been published on June 15, 2016 and entered into force on June 16, 2016.

2.

Key information

official title

Council Decision (EU) 2016/946 of 9 June 2016 establishing provisional measures in the area of international protection for the benefit of Sweden in accordance with Article 9 of Decision (EU) 2015/1523 and Article 9 of Decision (EU) 2015/1601 establishing provisional measures in the area of international protection for the benefit of Italy and Greece
 
Legal instrument Decision
Number legal act Decision 2016/946
Original proposal COM(2015)677 EN
CELEX number i 32016D0946

3.

Key dates

Document 09-06-2016; Date of adoption
Publication in Official Journal 15-06-2016; OJ L 157 p. 23-25
Effect 16-06-2016; Entry into force Date pub. +1 See Art 5
End of validity 31-12-9999

4.

Legislative text

15.6.2016   

EN

Official Journal of the European Union

L 157/23

 

COUNCIL DECISION (EU) 2016/946

of 9 June 2016

establishing provisional measures in the area of international protection for the benefit of Sweden in accordance with Article 9 of Decision (EU) 2015/1523 and Article 9 of Decision (EU) 2015/1601 establishing provisional measures in the area of international protection for the benefit of Italy and Greece

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(3) thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

 

(1)

According to Article 78(3) of the Treaty on the Functioning of the European Union (TFEU), in the event of one or more Member States being confronted by an emergency situation characterised by a sudden inflow of nationals of third countries, the Council, on a proposal from the Commission and after consulting the European Parliament, may adopt provisional measures for the benefit of the Member State(s) concerned.

 

(2)

According to Article 80 TFEU, the policies of the Union in the area of border checks, asylum and immigration and their implementation are to be governed by the principle of solidarity and fair sharing of responsibility between the Member States, and Union acts adopted in this area are to contain appropriate measures to give effect to this principle.

 

(3)

On the basis of Article 78(3) TFEU, the Council adopted two Decisions establishing provisional measures in the area of international protection for the benefit of Italy and Greece. Under Council Decision (EU) 2015/1523 (2), 40 000 applicants for international protection are to be relocated from Italy and from Greece to the other Member States. Under Council Decision (EU) 2015/1601 (3), 120 000 applicants for international protection are to be relocated from Italy and from Greece to the other Member States.

 

(4)

Article 9 of Decision (EU) 2015/1523 and Article 9 of Decision (EU) 2015/1601 provide that, in the event of an emergency situation characterised by a sudden inflow of nationals of third countries into a Member State, the Council, on a proposal from the Commission and after consulting the European Parliament, may adopt provisional measures for the benefit of the Member State concerned, pursuant to Article 78(3) TFEU. Such measures may include, where appropriate, a suspension of the participation of that Member State in the relocation as provided for in those Decisions, as well as possible compensatory measures for Italy and for Greece.

 

(5)

Sweden faces an emergency situation characterised by a sudden inflow of nationals of third countries into its territory because of a sharp shift in migratory flows. On 8 December 2015, Sweden formally requested the suspension of its obligations under Decisions (EU) 2015/1523 and (EU) 2015/1601.

 

(6)

The considerable increase in irregular border-crossing into the Union and in secondary movements across the Union has led to a sharp rise in Sweden in the number of applications for international protection, mainly from individuals who entered the Union via Italy and Greece.

 

(7)

Eurostat figures confirm a sharp increase in Sweden in the number of applicants for international protection. The number of applicants for international protection increased by more than 60 % from 68 245 applicants for the period from 1 January to 31 October 2014 to 112 040 applicants for the period from 1 January to 31 October 2015.

 

(8)

The monthly number of applicants for international protection has recently reached an even higher level: it doubled between August (11 735) and September (24 261), and reached 39 055 in October 2015 (an...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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