Refugees – ECHO – Photo WFP-Rein Skullerud
(BRUSSELS) – EU states agreed Wednesday on a new framework to allow member states to adjust rules on asylum applications and cross-border procedures to address future asylum and migration crises.
The agreement by the member states’ representatives constitutes the final component of a common European asylum and migration policy. The agreed negotiating mandate will now form the basis of negotiations between the Council presidency and the European Parliament on the regulation on crisis situations which includes instrumentalisation of migration, and ‘force majeure’ in the field of migration and asylum.
In the events of such crises, the countries would also be able to request solidarity and support measures from the EU and its member states. In a situation of crisis or ‘force majeure’, member states may be authorised to apply specific rules concerning the asylum and the return procedure. In this sense, among other measures, registration of applications for international protection may be completed no later than four weeks after they are made, easing the burden on overstrained national administrations.
A member state that is facing a crisis situation may request solidarity contributions from other EU countries. These contributions can take the form of:
- the relocation of asylum seekers or beneficiaries of international protection from the member state in a crisis situation to contributing member states
- responsibility offsets, i.e. the supporting member state would take over the responsibility to examine asylum claims with a view to relief the member state that finds itself in a crisis situation
- financial contributions or alternative solidarity measures
These exceptional measures and this solidarity support require the authorisation from the Council in accordance with the principles of necessity and proportionality and in full compliance with fundamental rights of third-country nationals and stateless persons.
The regulation addressing crisis situation and force majeure in the field of migration and asylum is part of the New Pact on Migration and Asylum proposed by the Commission on 23 September 2020. The pact consists of a set of proposals to reform EU migration and asylum rules. Other landmark proposals in addition to the crisis regulation include the asylum and migration management regulation and the asylum procedure regulation.
