Responding to the EU refugee 'crisis': Reform of the Common European Asylum System and enhancing external engagement *** EMN Conference, Dublin,

Similar documents
EU asylum policy the external dimension

The document is approved in principle. Formal adoption will follow as soon as all language versions are available.

Inform on migrants movements through the Mediterranean

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL. Fifteenth report on relocation and resettlement

External dimensions of EU migration law and policy

ASYLUM IN THE EU Source: Eurostat 4/6/2013, unless otherwise indicated ASYLUM APPLICATIONS IN THE EU27

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL

COUNTRY FACTSHEET: Norway 2015

ANNEX. to the COMMISSION IMPLEMENTING DECISION

COMMISSION OF THE EUROPEAN COMMUNITIES

COUNTRY FACTSHEET: CROATIA 2013

ANNEX. to the COMMISSION IMPLEMENTING DECISION

UNHCR s recommendations for the Romanian Presidency of the Council of the EU

Proposal for a COUNCIL DECISION

COMMISSION IMPLEMENTING DECISION. of

An overview of irregular migration trends in Europe

***I REPORT. EN United in diversity EN. European Parliament A8-0316/

TEXTS ADOPTED. The situation in the Mediterranean and the need for a holistic EU approach to migration

***I DRAFT REPORT. EN United in diversity EN. European Parliament 2016/0225(COD)

11836/17 PC-JNG/es 1 DGD 1B LIMITE EN

Details of the largest operations in the region and its subregions in 2014 are presented on the Global Focus website at

UNHCR s Recommendations to Poland for its EU Presidency

Moving forward on asylum in the EU:

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

COUNTRY FACTSHEET: SLOVAKIA 2012

Consolidating the CEAS: innovative approaches after the Stockholm Programme?

Timeline - response to migratory pressures

DRAFT AMENDING BUDGET No 7 TO THE GENERAL BUDGET 2015

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

European Asylum Trends, Reception and Policy Responses. 1 April 2014 Dublin

UNHCR and refugee law A brief overview Mariann Hafredal

7485/12 GK/pf 1 DGH 1B

COUNTRY FACTSHEET: ROMANIA 2014

COMMISSION RECOMMENDATION. of

COUNTRY FACTSHEET: Cyprus 2015

11161/15 WST/NC/kp DGD 1

From principles to action: UNHCR s Recommendations to Spain for its European Union Presidency January - June 2010

EPP Group Position Paper. on Migration. EPP Group. in the European Parliament

PONT PROJECT WORKING EUROPE 1 SEMINAR REFUGEE CRISIS 4-8 APRIL 2016 PROF DR JAAP W. DE ZWAAN

Subject: Green Paper on the future Common European Asylum System

UNHCR s Recommendations to Hungary for its EU Presidency

Dimitris AVRAMOPOULOS. Brussels, Ares(2015) Dear Ministers,

EU-Turkey Agreement. 18. March 2016 in effect since 20. March 2016

EU policies supporting development and lasting solutions for displaced populations

Managing Migration in all its aspects

Proposal for a COUNCIL DECISION

ANNEX ANNEX. to the COMMISSION IMPLEMENTING DECISION

COUNTRY FACTSHEET: Czech Republic 2015

Managing the refugee crisis

EASO Single Programming Document

ILO Guiding Principles on the Access of Refugees and Other Forcibly Displaced Persons to the Labour Market

National Policies and Measures on Irregular Migration and Return: Greece

European Asylum Support Office. EASO External Action Strategy

COUNTRY FACTSHEET: MALTA 2012

Asylum and Migration Fund ( ) Martin Schieffer DG HOME

The CEAS at a crossroads: Consolidation and implementation at a time of new challenges

EUROPEAN COMMISSION. Brussels, C(2017) 1561 final

The Dublin system in the first half of 2018 Key figures from selected European countries

PONT PROJECT WORKING EUROPE 1 SEMINAR ASYLUM AND IMMIGRATION 4-8 APRIL 2016 PROF DR JAAP W. DE ZWAAN

Migration: the role of the International Federation of the Red Cross and Red Crescent Societies. Saving lives, changing minds.

EXECUTIVE SUMMARY The Syrian Refugee Crisis: Refugees, Conflict, and International Law

Council of the European Union Brussels, 18 March 2016 (OR. en)

SLOW PACE OF RESETTLEMENT LEAVES WORLD S REFUGEES WITHOUT ANSWERS

A P R E F E R E N C E B A S E D A L L O C A T I O N S Y S T E M F O R A S Y L U M S E E K E R S W I T H I N T H E E U

In Lampedusa s harbour, Italy, a patrol boat returns with asylum-seekers from a search and rescue mission in the Mediterranean Sea.

A Dublin IV recast: A new and improved system?

Budapest Process 14 th Meeting of the Budapest Process Working Group on the South East European Region. Budapest, 3-4 June Summary/Conclusions

Quarterly Asylum Report

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL. Thirteenth report on relocation and resettlement

COMMISSION IMPLEMENTING DECISION. of XXX

COMMISSION IMPLEMENTING DECISION. of

Migration Law JUFN20. The Dublin System. Lund University / Faculty of Law / Doctoral Student Eleni Karageorgiou 2015/01/30

Turkey, Germany and the Syrian Refugee crisis. Gerald Knaus Ankara 2 November 2015

EASO Single Programming Document. Multiannual Programming Work Programme European Asylum Support Office.

Ambassador Peter SØRENSEN Permanent Delegation of the European Union to the United Nations Office and other international organisations in Geneva

Young refugees in Saloum, Egypt, who will be resettled, looking forward to a future in Sweden.

Implementing the CEAS in full Translating legislation into action

JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL. Addressing the Refugee Crisis in Europe: The Role of EU External Action

COUNTRY FACTSHEET: GREECE 2012

Memorandum to the UK Presidency. Putting refugee protection at the heart of the Hague Programme

LIMITE EN COUNCIL OF THE EUROPEAN UNION. Brussels, 23 October /12 LIMITE ASIM 131 COMIX 595

Mustafa, a refugee from Afghanistan, living in Hungary since 2009 has now been reunited with his family EUROPE

ANNEX. to the. Commission Implementing Decision

DG MIGRATION AND HOME AFFAIRS (DG HOME)

COUNTRY FACTSHEET: FRANCE 2016

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL. Ninth report on relocation and resettlement

LIMITE EN COUNCIL OF THE EUROPEAN UNION. Brussels, 23 April /1/12 REV 1 LIMITE MIGR 39 FRONT 56 COSI 19 COMIX 237 NOTE

ANNEX 1 1 IDENTIFICATION

The role of the European Asylum Support Office (EASO) in the implementation of the Common European Asylum System

Resettlement and Humanitarian Admission Programmes in Europe what works?

Kryzysy migracyjny i uchodźczy w Europie 2014+:

ITUC and ETUC Statement addressed to European and African Governments on the occasion of the Valletta Conference on Migration November

COUNTRY FACTSHEET: Netherlands 2015

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

DRAFT AMENDING BUDGET N 5 TO THE GENERAL BUDGET 2015 RESPONDING TO MIGRATORY PRESSURES

VISION IAS

DELIVERING ON MIGRATION

Expert Panel Meeting November 2015 Warsaw, Poland. Summary report

Having regard to the opinion of the European Economic and Social Committee ( 1 ),

EASO Single Programming Document

Transcription:

Responding to the EU refugee 'crisis': Reform of the Common European Asylum System and enhancing external engagement *** EMN Conference, Dublin, 15/12/2016 *** Stephen Ryan, DG Migration & Home Affairs, European Commission

Refugees and asylum seekers an EU challenge - EU 2016 to end October: c. 1,1 m. asylum app's (marginally higher than same period in 2015) [Note that figures still reflect backlog in DE from 2015] - EU 2015 + preceding years: EU 28 received c. 1,25 m. asylum app's in 2015 more than double the number in 2014, and number has been steadily rising since 2008 (c. 230.000). - Where from?: Top 3 nationalities (2015) = 53% of total applicants: SY = 29% of applicants, AFG = 14%, IQ = 10% - An uneven distribution: With 441,800 asylum claims, Germany was largest recipient (= 35% of EU total; [61% in Q2 2016]), followed by Hungary (174,400 = 14% of EU total), Sweden (156,500 = 12% of EU total), Austria (85,500 = 7% of EU total), Italy (83,200), France (70,600) - Resulting backlog: 922,800 pending applications at end 2015 [1,1 m. at end of Q2 2016]

Refugees and asylum seekers a global challenge UNHCR estimates: - c.65 million individuals forcibly displaced worldwide (21.3 million = refugees) as a result of persecution, conflict, generalized violence, human rights violations highest levels of displacement in the post- World War II era - top ten refugee-hosting States: Turkey hosts largest number of registered refugees worldwide (c.2.5 million), followed by Pakistan (c.1.6 million), Lebanon (c.1.2 million), Iran (c.1 million), Ethiopia (c. 736,000), Jordan (c.665,000), Kenya (c.550,000), followed by Uganda, Chad, Sudan. - top ten refugee-hosting States per 1000 pop: Lebanon, Jordan, Nauru, Chad, Turkey, S, Sudan, Mauritania, Djibouti, Sweden, Malta

Refugee protection legal framework worldwide & EU - 1951 Geneva Refugee Convention (+ 1967 Protocol) all EU MSs = signatories - 1950 ECHR (Art. 3) - 1990 Dublin Convention - 2000 EU Charter of Fundamental Rights now enshrined in Treaties (incl. 'right to asylum') - Tampere European Council conclusions 1999 CEAS launched 'first generation' CEAS (2001-5)

CEAS today 'second generation' completed CEAS legal framework: - Temporary Protection Directive (2001) - Rev. Qualification Directive (2011) - Rev. Dublin Regulation; Rev. Eurodac Regulation; Rev. Procedures Directive; Rev. Reception Conditions Directive (2013) - EASO Regulation (2010) - ERF (2007), AMIF (2014)

A comprehensive approach to migration - EAM (May 2015) advocates comprehensive approach to migration - Overall philosophy of COM approach: moving from chaos to managed migration addressing root causes of displacement assisting third countries of first refuge/transit preventing + deterring irregular, dangerous journeys to EU greater efficiency / harmonisation of EU migration/asylum system more fair + effective burden-sharing in EU

Why reform the CEAS now? - 'Crisis' questions 'fitness for purpose' of current instruments COM Communication 06.04.2016; unprecedented influx of migrants, incl. many seeking asylum = huge strain on national asylum systems, exposing structural weaknesses in design + implementation of EU asylum system, incl.: - Inequitable distribution of asylum-seekers / beneficiaries across the EU - Differing treatment of asylum-seekers / beneficiaries across the EU - Widespread 'secondary movements'

Helping the 'front-line' States - - Council relocation decisions Sept. 2015: 160,000 asylum-seekers 'in clear need of international protection' to be relocated from Italy and Greece; COM proposal f. permanent crisis relocation mechanism - - 'Hotspot' approach - - Deployment of Member State asylum experts via EASO Support Teams - - EU emergency funding

Dublin Regulation - System for identification of MS responsible little changed in its essentials since 1990 Dublin Convention primary reliance on irregular entry as default criterion: places main 'burden' on frontline States, raising questions of fairness + sustainability - Implementation shortcomings (widespread absconding, evidentiary problems, etc.) - Impossibility to effect transfers to MSs with 'systemic deficiencies'

Dublin Regulation COM Proposal (May 2016): - 'Corrective allocation mechanism' (triggered if MS reaches 150% of 'fair' allocation, by ref. to population/gdp 'financial solidarity' = Euro 250.000/applicant no relocation of inadmissible applicants or applicants from SCOs) - Obligation to apply in first MS of irregular entry or MS of legal stay (no choice of MS) - Removal of rules on cessation of responsibility - Changed definition of family members - Shorter deadlines - Poss. to transfer beneficiaries of int. protection ('take back')

Eurodac COM Proposal (May 2016): - Adjustments to match Dublin changes - Lowering of age f. 14 to 6 (in minors' interests; reliability confirmed ref JRC report) - Poss. to store + search data for purposes of facilitating detection of irregular migrants + return - Poss. to store more data (incl. alpha-numeric, s.a. name), facial images etc.

Asylum Agency COM Proposal (May 2016): - From a Support Office (EASO) to a fully-fledged Agency (EUAA).. - Reinforce operational role of agency (incl. standing Intervention Pool of 500 experts) - Enhanced guidance on COI/eligibility - Monitoring + evaluation role - Significant increase in resources - Guidelines/best practices development - Oversight of new Dublin system

Asylum Procedures COM Proposal (July 2016): - Transform Directive into Regulation a single asylum procedure across all MSs (directly applicable), incl. removal of discretionary provisions - Harmonisation of use of procedural tools (accelerated procedures etc.), and of (shorter) deadlines (incl. for appeal) - EU approach to use of 'safe country' provisions (5 yr. transition) - Stricter rules for preventing abuse + secondary movements - Free legal assistance at first instance + first appeal level, with limited exceptions - More detailed provisions re minors/guardianship

Asylum Qualification COM Proposal (July 2016): - Transform Directive into Regulation (directly applicable), incl. removal of discretionary provisions (e.g. internal protection) - Convergence facilitated by common EUAA guidance on countries-oforigin - Systematic, regular status reviews (in early stages post-recognition + where EUAA guidance on COI changes) - Further harmonisation of content of protection (residence permit validity period, clarification of scope of social benefits) - Certain social benefits contingent on cooperation in integration - Addressing secondary movements: adjustments to Dublin + LTR

Reception Conditions Directive COM Proposal (July 2016): - Further harmonisation of reception conditions, incl. taking account of common standards developed by EASO - To tackle secondary movements: obligation to apply in first MS of irregular entry / MS of legal stay = underpinned by only granting full reception rights in MS where 'required to be present' + possibility to impose residence restrictions (even detention if necessary) - Earlier access to the labour market (after 6 months unless from SCO/accelerated), to facilitate integration + self-sufficiency - Stricter rules on travel documents - Obligation to draw up contingency plans

Why an external dimension to EU asylum policy? Three main objectives: Humanitarian motive: to ensure the EU plays its part as responsible member of international community to assist in supporting refugee protection globally - Solidarity motive: to support third countries hosting the greatest number of refugees worldwide - Migration management motive: to help better manage migration flows to the EU, in our social, economic, security interests.. but all 3 are inter-linked, as 2015/16 has demonstrated.. 16

Achieving the EU external asylum policy objectives Achieving the objectives: Advocacy of adherence by third countries with international standards & engagement in international initiatives Leveraging EU position in trade/fp/mobility dialogues/enlargement Humanitarian aid and capacity-building in third countries Resettlement durable solution to protracted refugee situations & solidarity with host countries (+ advocacy of alternative legal avenues to access protection in the EU) Bilateral migration management arrangements New multilateral migration management arrangements? 17

Support, advocacy and leverage 'Soft' advocacy in international fora, neighbourhood policy, migration/vf dialogues support/encouragement to host countries, partner countries, international organisations Enlargement: asylum-related benchmarks for opening + closing of 'Chapter 24' [Candidates: Serbia, Albania, TK, Montenegro, FYROM; potential candidates ('EU perspective'): BiH, KV] = approximation with EU acquis Visa liberalisation process: asylum-related benchmarks (e.g. WB, Moldova = visa requirement lifted; UKR, Georgia = COM proposal to lift visa requirement; Russia: process suspended, etc.) 18

Facilitating voluntary repatriation + integration in regions of origin Conflict resolution initiatives Encouragement to return, where possible, but c.50% of world s refugees in protracted situations Advantages of voluntary repatriation + 'local' integration over resettlement Humanitarian / development aid to refugeehosting countries: facilitating integration in regions-of-origin 19

Humanitarian / development aid COM Communication of 26/4: strategic vision on how EU external action can support refugees, IDPs + their host communities fostering self-reliance, harnessing potential (emphasis on education, access to economic opportunity + social protection) = development-led approach Emergency Trust Fund for Africa (launched at Valetta Summit Nov 2015) initial allocation = 1.8bn EUR Humanitarian aid to refugees = Eur1.064bn. in 2015 (72% of total EU humanitarian aid budget 2015 = for refugees/displacement), on top of 854m. in 2014 20

Aid to Syria + neighbouring States c. Eur 6bn. in aid since beginning of crisis (humanitarian, development, stabilisation) both in SY + neighbouring States, esp. TK, JOR, LEB EU London Feb. 2015 pledge = Eur 2.4bn. Syria Trust Fund, for resilience needs of neighbouring Stets = Eur 427m. Facility for refugees in TK = Eur 3bn. for 2016-17 + further Eur 3bn. for until end 2018 21

RDPPs Regional Development and Protection Programmes (RDPPs) = specific tool for refugee-related capacity building in regions of origin: North Africa (since 2015;Eur 30m. to date), Middle East (since 2014;Eur 41m.to date), Horn of Africa (since 2015-;Eur 120m.+ to date) Actions financed include variety of protection + development-oriented actions, w. particular focus on asylum system capacity building 22

Resettlement - a developing EU dimension Advantages of resettlement: focus on vulnerability managed process as opposed to spontaneous arrivals planned integration EU versus rest of industrialised world pre-2012: voluntary process involving only some Member States since 2012 (ERF + later AMIF): funding incentives and linkage with agreed EU priorities focus on inclusiveness new role for EASO 23

Resettlement a new EU framework? COM Recommendation June 2015, leading to July 2015 Resettlement Conclusions 22,504 to be resettled over 2 years: to date, 10.000+ resettled to MSs to date December 2015 VHAS proposal (linkage w. EU-TK migration management) 1-1 EU-TK (resettled from TK to EU): 1.600+ SY so far COM Proposal of July 2016: a new EU 'Resettlement Framework'? Key features of proposal include: Annual Union Resettlement Plan (Council IA, based on COM proposal) Targeted resettlement schemes (COM IA) A common resettlement procedure (ordinary/expedited) 24

Bilateral arrangements: Compacts, EU-TK Statement of 18 March JAP agreed November 2015: TK to manage irregular flows in return for certain concessions COM VHAS proposal December 2015 EU-TK Statement, 18/3: All new arrivals from 20/3, including asylum seekers to be returned to TK, after claims found inadmissible or unfounded 1-1 resettlement for every Syrian returned New 'Partnership Framework with third countries' (COM Communication, 07/06/16) 'Compacts' 25

Future for global management of refugees/displaced Migration/displacement s potential to increasingly undermine global stability.. 1951 Refugee Convention underlying spirit of solidarity needs to be respected Bilateral arrangements to play an increasingly important role for EU and rest of the world? Need / prospects for a new multilateral compact to ensure a fair, sustainable repartition of responsibilities worldwide? UNGA NY Sept. 2016.. 26

Thank you for listening! Disclaimer: The views expressed in this presentation are the personal views of the author and do not represent an official position of the European Commission 27