Decision 2016/1754 - Amendment of Decision (EU) 2015/1601 establishing provisional measures in the area of international protection for the benefit of Italy and Greece - Main contents
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official title
Council Decision (EU) 2016/1754 of 29 September 2016 amending 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 2016/1754 |
| Original proposal | COM(2016)171  |
| CELEX number i | 32016D1754 |
| Document | 29-09-2016; Date of adoption |
|---|---|
| Publication in Official Journal | 01-10-2016; OJ L 268 p. 82-84 |
| Effect | 02-10-2016; Entry into force Date pub. +1 See Art 2.1 02-10-2016; Application See Art 2.3 |
| End of validity | 26-09-2017; End of validity See Art. 2.2 |
1.10.2016 |
EN |
Official Journal of the European Union |
L 268/82 |
COUNCIL DECISION (EU) 2016/1754
of 29 September 2016
amending 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) |
On the basis of Article 78(3) of the Treaty on the Functioning of the European Union (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 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 Greece to other Member States. |
(2) |
In accordance with Article 4(2) of Decision (EU) 2015/1601, from 26 September 2016, 54 000 applicants are to be relocated from Italy and Greece to the territory of other Member States, unless, pursuant to Article 4(3) of that Decision, by that date the Commission makes a proposal to allocate them to a particular beneficiary Member State confronted with an emergency situation characterised by a sudden inflow of persons. |
(3) |
Article 1(2) of Decision (EU) 2015/1601 provides that the Commission is to keep under constant review the situation regarding massive inflows of third country nationals into Member States. The Commission is to submit, as appropriate, proposals to amend that Decision in order to take into account the evolution of the situation on the ground and its impact upon the relocation mechanism, as well as the evolving pressure on Member States, in particular frontline Member States. |
(4) |
With the aim of ending irregular migration from Turkey to the EU, on 18 March 2016 (4), the EU and Turkey agreed on a number of action points, including to resettle, for every Syrian readmitted by Turkey from Greek islands, another Syrian from Turkey to the Member States, within the framework of the existing commitments. Resettlement under that mechanism will take place, in the first instance, by honouring the commitments taken by Member States in the conclusions of Representatives of the Governments of Member States meeting within the Council on 20 July 2015. Any further need for resettlement is to be carried out through a similar voluntary arrangement up to a limit of an additional 54 000 persons by allowing for any resettlement commitment undertaken in the framework of that arrangement to be offset against non-allocated places under Decision (EU) 2015/1601. |
(5) |
Resettlement, humanitarian admission or other forms of legal admission from Turkey under national and multilateral schemes can be expected to relieve the migratory pressure on Member States which are beneficiaries of relocation under Decision (EU) 2015/1601 by providing a legal and safe pathway to enter the Union and by discouraging irregular entries. Therefore, the solidarity efforts of Member States consisting in voluntarily admitting to their territory Syrian nationals present in Turkey who are in clear need of international protection should be taken into account in relation to the 54 000 applicants for international protection referred to above. The number of persons so admitted from Turkey by a Member State should be deducted from the number of persons to be relocated to that Member State under Decision (EU) 2015/1601 in relation to those 54 000 applicants. |
(6) |
Mechanisms for admission may include... |
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