Council of the European Union Brussels, 5 April 2016 (OR. en)

Similar documents
Council of the European Union Brussels, 27 April 2016 (OR. en)

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

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

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

. C O U N T R Y FIN C H A P T E FINLAND BY THE GOVERNMENT OF FINLAND

Council of the European Union Brussels, 23 March 2017 (OR. en)

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

At its meetings on 2 December 2016 and 17 January 2017, the Asylum Working Party examined the proposal for a Union Resettlement Framework.

COUNTRY CHAPTER GER GERMANY BY THE GOVERNMENT OF GERMANY

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

Operational Guidance Note: Preparing Abridged Resettlement Registration Forms (RRFs) for the Expedited Resettlement Processing

COUNTRY CHAPTER POR PORTUGAL BY THE GOVERNMENT OF PORTUGAL

Proposal for a COUNCIL DECISION

COUNTRY CHAPTER GER GERMANY BY THE GOVERNMENT OF GERMANY

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

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

11161/15 WST/NC/kp DGD 1

COUNTRY CHAPTER NET THE NETHERLANDS BY THE GOVERNMENT OF (AS OF SEPTEMBER 2009)

COUNTRY CHAPTER IRE IRELAND BY THE GOVERNMENT OF IRELAND

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

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

Act II of on the Admission and Right of Residence of Third-Country Nationals. General Provisions

UNIT 5. Processing Claims Based on the Right to Family Unity

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

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

EMN Ad-Hoc Query on immediate family members applying for asylum at the same time

COUNTRY CHAPTER CZE THE CZECH REPUBLIC BY THE GOVERNMENT OF THE CZECH

ICE ICELAND BY THE GOVERNMENT OF ICELAND

EC/68/SC/CRP.14. Update on resettlement. Executive Committee of the High Commissioner s Programme. Standing Committee 69 th meeting.

10693/12 AV/DOS/ks DG D

Proposal for a COUNCIL DECISION

Brussels, COM(2016) 85 final ANNEX 2 ANNEX. to the

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

COMMISSION STAFF WORKING DOCUMENT. Best practices on the implementation of the hotspot approach. Accompanying the document

Government Decree No. 170/2001 (IX. 26.) On the Implementation of Act XXXIX of 2001 On the Entry and Stay of Foreigners

Requested by GR EMN NCP on 2 nd September Compilation produced on 14 th November 2015

REGULATION (EC) No 767/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. of 9 July 2008

PUBLIC. Delegations will find attached the above-mentioned Greek Road Map. Encl.: EL Road Map on Asylum for /15 VH/es DG D 1B LIMITE EN

with regard to the admission and residence of displaced persons on a temporary basis ( 6 ).

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

LIMITE EN COUNCIL OF THE EUROPEAN UNION. Brussels, 11 January /07 Interinstitutional File: 2004/0287 (COD) LIMITE VISA 7 CODEC 32 COMIX 25

Migration Network for Asylum seekers and Refugees in Europe and Turkey

Country Chapters - UNHCR Resettlement Handbook COUNTRY CHAPTER URU URUGUAY BY THE GOVERNMENT OF. August 2011, revised July 2016 Uruguay Page 1

ANNEX. to the REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL

ANNEX ANNEX. to the COMMISSION IMPLEMENTING DECISION

Resettlement and Humanitarian Admission Programmes in Europe what works?

COMMISSION OF THE EUROPEAN COMMUNITIES

COMMISSION RECOMMENDATION. of

ANNEX. to the REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL

Inform on migrants movements through the Mediterranean

325/1999 Coll. ACT on Asylum

ERN+ Webinar Series on Complementary Pathways of Refugee Admission in Europe

LIMITE EN COUNCIL OF THE EUROPEAN UNION. Brussels, 20 December /06 Interinstitutional File: 2004/0287 (COD) LIMITE

TECHNICAL GUIDELINES FOR THE DATA COLLECTION

Guidance: Implementation of section 67 of the Immigration Act 2016 in France. Version 2.0

TECHNICAL GUIDELINES FOR THE DATA COLLECTION

AFGHANISTAN PROTECTION ASSESSMENT FORM

Reforming the Common European Asylum System in a spirit of humanity and solidarity

WORKING PAPER. Brussels, 17 September 2018 WK 10084/2018 REV 1 LIMITE ASIM JAI RELEX

JAI.1 EUROPEAN UNION. Brussels, 8 November 2018 (OR. en) 2016/0407 (COD) PE-CONS 34/18 SIRIS 69 MIGR 91 SCHENGEN 28 COMIX 333 CODEC 1123 JAI 829

Official Journal of the European Union L 180/31

CHAPTER SEVEN BASIC PROCEDURES TO FOLLOW IN PROCESSING RESETTLEMENT SUBMISSIONS

Refugee and Migrant Children in Europe

1. UNHCR s interest regarding human trafficking

LAW of the KYRGYZ REPUBLIC

Council of the European Union Brussels, 24 July 2017 (OR. en)

Migration Law JUFN20. The Dublin System. Lund University / Faculty of Law / PhD Candidate Eleni Karageorgiou 2016/02/01

THE PRIME MINISTER ASYLUM ACT

The Dublin family reunification procedure from Greece to Germany

COUNTRY CHAPTER AUL AUSTRALIA BY THE GOVERNMENT OF AUSTRALIA

Unofficial translation by the Ministry of Interior / Hungarian National Contact Point of the European Migration Network

Timeline - response to migratory pressures

***I POSITION OF THE EUROPEAN PARLIAMENT

Chapter 7: Timely and Durable Solutions

COUNTRY FACTSHEET: MALTA 2012

Council of the European Union Brussels, 22 September 2016 (OR. en)

ANNEX. to the. Commission Implementing Decision

COMMISSION OF THE EUROPEAN COMMUNITIES REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

Council of the European Union Brussels, 14 January 2019 (OR. en)

Ad-Hoc Query on extended family reunification. Requested by FI EMN NCP on 25 th November Compilation produced on 1 st March 2011

COUNTRY CHAPTER AUL AUSTRALIA BY THE GOVERNMENT OF AUSTRALIA

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

The Government of the Netherlands, the Transitional Islamic State of Afghanistan and UNHCR hereinafter referred to as the Parties,

The UK resettlement programme at a glance

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL. Progress report on the implementation of the hotspot approach in Greece

of 16 December 2005 (Status as of 1 February 2014) Chapter 1: Subject Matter and Scope of Application

Delegations will find attached Commission document C(2008) 2976 final.

EASO/DOP/OU/2016/1812 EASO SPECIAL OPERATING PLAN TO GREECE

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

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL. First report on relocation and resettlement

Protection Considerations and Identification of Resettlement Needs

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

Comments made by delegations on the Commission proposal text, orally and in writing, appear in the footnotes of the Annex.

COUNTRY FACTSHEET: CZECH REPUBLIC 2014

COMMISSION IMPLEMENTING DECISION. of

I. THE UNITED KINGDOM AND THE EUROPEAN UNION

Common European Asylum System: what's at stake?

SWE SWEDEN BY THE GOVERNMENT OF SWEDEN

L 348/98 Official Journal of the European Union

ANNEX: Follow Up of Priority Actions State of Play as of 14 October 2015

Transcription:

Council of the European Union Brussels, 5 April 2016 (OR. en) 7462/16 LIMITE ASIM 46 NT 8 COMIX 253 NOTE From: To: Subject: Presidency Representatives of the Governments of the Member States Standard Operating Procedures implementing the mechanism for resettlement from Turkey to the EU as set out in the EU-Turkey Statement of 18 March 2016 1. According to the EU-Turkey Statement of 18 March, for every Syrian being returned to Turkey from Greek islands, another Syrian will be resettled from Turkey to the EU taking into account the UN vulnerability criteria. The EU-Turkey Statement provides that a mechanism will be established, with the assistance of the Commission, EU agencies and other Member States, as well as UNHCR, to ensure the implementation of the above principle. 2. In order to establish such a mechanism, the Commission presented the draft Standard Operating Procedures (SOPs), which were examined by the JHA Counsellors on 21 and 23 March as well as on 1 and 4 April. Norway, Iceland, Switzerland and Liechtenstein as well as UNHCR and EASO have also taken part in these discussions. The Turkish counterparts have been consulted in the course of the process. 3. Due to the legal and institutional nature of the EU-Turkey Statement, the draft SOPs annexed to this Note are submitted, for discussion, to the Representatives of the Governments of the Member States and Norway, Iceland, Switzerland and Liechtenstein, meeting in the margins of COREPER. 7462/16 AP/es 1 DGD 1B LIMITE EN

4. The draft SOPs as discussed by the Representatives of the Governments of the Member States and Norway, Iceland, Switzerland and Liechtenstein would then serve as a basis for further discussions with Turkey. 5. At a later stage, the result of such discussions will be submitted for final endorsement to the Representatives of the Governments of the Member States and Norway, Iceland, Switzerland and Liechtenstein meeting in the margins of COREPER. 6. At the end of the process, the SOPs will take the form of an "Outcome of Proceedings" of a relevant meeting involving the parties concerned. 7. Following comments from JHA Counsellors at the meeting of 4 April, and subsequent written comments from UNHCR, a revised version of the SOPs has been prepared in view of the COREPER meeting on 6 April 2016 (changes to the previous document are indicated with bold and strikethough). The new version takes into account, as far as possible, UNHCR comments relating to step 2 of the procedure ("the UNHCR assessment"), notably as concerns the personal interview and the documentation collected. It also proposes to reduce, at its request, the obligations of UNHCR, as not being a party to the overall EU-Turkey mechanism and for the speed of the procedure. Moreover, the revised version introduces a reference to "nuclear family" and defines this term in line with the EU Family Reunification Directive (2003/86/EC); and clarifies what is meant by families with "complex profiles", i.e. families that include underaged spouses or a further spouse (polygamous marriages). 8. The Representatives of the Governments of the Member States and Norway, Iceland, Switzerland and Liechtenstein are hereby invited to discuss the draft SOPs annexed to this Note. 7462/16 AP/es 2 DGD 1B LIMITE EN

ANNEX Implementation of the EU-Turkey 1:1 agreement scheme resettlement part The 18 March EU-Turkey Statement states on resettlement: "For every Syrian being returned to Turkey from Greek islands, another Syrian will be resettled from Turkey to the EU taking into account the UN Vulnerability Criteria. A mechanism will be established, with the assistance of the Commission, EU agencies and other Member States, as well as the UNHCR, to ensure that this principle will be implemented as from the same day the returns start. Priority will be given to migrants who have not previously entered or tried to enter the EU irregularly. On the EU side, resettlement under this 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, of which 18.000 places for resettlement remain. Any further need for resettlement will be carried out through a similar voluntary arrangement up to a limit of an additional 54.000 persons." Timetable In order to honour the commitment to implement resettlement as of the same day as the returns starts, the following timetable needs to be envisaged: By 1 April 2016 Fast-track Standard Operating Procedures (SOP) are agreed with Turkey on the basis of the SOP of the Voluntary Humanitarian Admission Scheme; By 1 April 2016 - Participating States appoint national contact points, designate liaison officers to be deployed to Turkey, and ensure adequate infrastructure in Turkey in cooperation with Turkish authorities; From 4 April 2016 - First departures of Syrians from Turkey to the EU. 7462/16 AP/es 3

Possible elements of fast-track Standard Operating Procedures 1 Volume and speed of the procedure: [EU: While the procedure should not take longer than necessary, volume and speed of the procedure should be strictly commensurate with the number of Syrians returned from Greece to Turkey. 2 ] Eligibility Target group: Syrian nationals who have been displaced by the conflict in Syria and who are prima facie in need of international protection, without having a profile that could bring them under the scope of the exclusion clauses, as set out in EU or international law, registered by the Turkish authorities benefitting from temporary protection status prior to 29 November 2015. [TK: Newborns of parents registered prior to that date [and limited urgent cases with physical protection needs or medical needs or disabilities] could be included regardless of their date of registration]; Selection criteria: o Falling within one of the following UNHCR resettlement submission categories: women and girls at risk; survivors of violence and/or torture; refugees with legal and/or physical protection needs; refugees with medical needs or disabilities; children and adolescents at risk; and/or 1 2 The fast-track SOP will apply as of the date of their adoption. Resettlement initiated prior to this date with a view to departures as of 4 April will need to be organised under national procedures. For the purpose of ensuring parallelism between return and resettlement, the number departures should correspond to the number of Syrians returned from Greece to Turkey. The discontinuation of a return procedure should not impact the continuation of an on-going resettlement procedure. 7462/16 AP/es 4

o [EU: Family links with Members of the nuclear family 3 of a person legally resident in a Participating State] [EU: Families with complex 4 or unclear profiles are not eligible;] The person does not constitute a threat to public policy, internal security and public health; A candidate who has refused admission to a particular Member State is no longer eligible; Priority will be given to eligible persons who have not previously entered or tried to enter the EU irregularly. Procedure Step 1 Initial referral by Turkey Directorate General of Migration Management (DGMM) shares, as soon as possible, [EU: while taking into account that the speed of the procedure should be strictly commensurate with the number of Syrians returned from Greece to Turkey,] with UNHCR, a list of persons falling within the target group, [EU: aiming at presenting a balanced caseload with regard to the individual submission categories] [EU: including at least the names of the persons having family links with a member of the nuclear family in identified by a Participating State as having family links in communicated by that Participating State in advance on their initiative to DGMM]. [EU: When composing the list, DGMM should ensure that family unity can be maintained.] 3 4 Members of the nuclear family include: a) the family member's spouse or the unmarried partner with whom the family member is in a duly attested stable long-term relationship; b) their minor unmarried children, including adopted children, or of one of them, where that person has custody or, where custody is shared, provided the other party sharing custody has given his/her agreement and the children are dependent on him/her; c) their adult unmarried children, where they are objectively unable to provide for their own needs on account of their state of health; d) first-degree relatives in the direct ascending line of an unaccompanied minor or, where he/she has no relatives in the direct ascending line or such relatives cannot be traced, or his/her legal guardian or any other member of the family; e) first-degree relatives in the direct ascending line of another family member or his/her spouse, where they are dependent on them. Complex profiles include: a) underaged spouses; and b) a further spouse, where the family member already has a spouse living with him or her. 7462/16 AP/es 5

The number of persons on the list should [EU: be strictly commensurate with] the number of Syrians returned from Greece to Turkey. 5 The list should contain information concerning: o Identity data (name, date of birth, nationality, spouse, children/dependants, identity documents), [EU: temporary protection ID cards], and registration number; o Date of registration with the Turkish authorities; o UNHCR resettlement submission category; o Syrians are granted temporary protection after their security checks are completed by the Turkish security authorities. At the moment of referral the candidates are not known to the Turkish authorities as constituting a security risk (on the basis of national security checks) or having attempted to enter the EU irregularly from Turkey or having committed a serious crime in Turkey; o [EU: Indication of links with a member of the nuclear family links in one of the Participating States (where applicable);] o Place of residence / contact details. Step 2 Assessment by UNHCR UNHCR contacts the persons on the list received from DGMM by appropriate means (e.g. by phone or a personal interview) to verify his or her identity, to enquire about their whereabouts, family composition and willingness to participate in the scheme, and explain the procedure to the candidates, including the fact that the destination country will not be decided on the basis of the candidate s choice; and [EU:, unless a person has links with a member of the nuclear family links within a Participating State,] assess whether the persons fall within one of the UNHCR resettlement submission categories. 5 Account should be taken of the fact that some candidates on the list of DGMM might be unselected by UNHCR or rejected by a Participating State in the course of the procedure. Therefore, the number of persons referred should be superior to the number of Syrians returned from Greece to Turkey. 7462/16 AP/es 6

Should those individuals be willing to participate in the scheme, UNHCR calls them for a face-to-face interview, where their bio-data and photographs are collected, their documents, where available, are examined and information is recorded on whether the persons fall within one of the UNHCR resettlement submission categories; 6 UNHCR [aims at presenting presents a balanced caseload with regard to the individual submission categories to the Participating State, possibly in cooperation with EASO, and] matches the cases with the Participating States proportionately to the number of places pledged; a person with family links within a Participating State shall be referred to that State; [EU: As soon as possible] from the initial referral by Turkey, [while taking into account that the speed of the procedure should be strictly commensurate with the number of Syrians returned from Greece to Turkey,] UNHCR refers selected cases to the liaison officers or national contact points of Participating States using a standard form developed for the scheme and attaching all available supportive documentation (with the consent of the candidate). DGMM will be informed about the unselected cases and selected cases, including a copy of the standard form, in accordance with applicable data protection standards. Step 3 Assessment by Participating States The Participating State reviews the files received from UNHCR and performs necessary identity, medical and security checks, including checks of the SIS and national databases as well as whether a person has entered or attempted to enter the EU irregularly. For this purpose, the Participating State may take fingerprints in Turkey, where possible in the Embassy/Consulate, and store, compare and transfer these fingerprints to the competent national authorities in the participating State, in accordance with national law of Participating States. The Participating State assesses the case on the basis of documentary evidence or interviewing; The Participating State explains to the candidate that the residence permit status to be granted is only valid on the territory of the Participating State granting it and that the candidate will not be allowed to reside on that basis in another EU Member State. The candidate is also informed about his or her duty to comply with the laws of the Participating State of destination; 6 The assessment undertaken by UNHCR does not include a Refugee Status Determination (neither inclusion nor exclusion). 7462/16 AP/es 7

The Participating State takes a decision on the cases referred [EU: as soon as possible, while taking into account that the speed of the procedure should be strictly commensurate with the number of Syrians returned from Greece to Turkey] as of receiving the file from UNHCR and informs the candidate through UNHCR. DGMM will be informed about rejected cases. While the Participating States retain the right to decide on and reject candidates in individual cases, the Participating State should reject a candidate only in case he or she does not meet the eligibility criteria, [EU: in order to preserve a balanced caseload between the different individual submission categories] or to give priority to persons who have not previously entered or tried to enter the EU irregularly; [EU: Only when a case is rejected in order to preserve a balanced caseload between the different individual submission categories, UNHCR may submit the case to another Participating State.] The Participating States issue the necessary national visa/permit and travel documents where necessary in accordance with national law. EASO supports, within the limits of its mandate, Participating States, in particular cooperation and coordination between themparticipating States. Step 4 - Pre-departure and departure Participating States arrange the transfer of the candidate (flights and all other practical arrangements) as soon as possible, possibly in cooperation with an implementing partner (such as IOM). Joint flights might be organised; Participating States arrange fit to travel medical checks; Turkey shall aim to deliver the exit visa as soon as possible and in any case within five calendar days; Candidates are accompanied at the airport by Participating States, possibly in cooperation withthrough an implementing partner; Candidates give back their temporary protection ID cards and Turkish authorities close the case. [EU: The overall number of departures should be strictly commensurate with the number of Syrians returned from Greece to Turkey.] 7462/16 AP/es 8

[EU: Step 5 - Arrival in a host country The candidates admitted are granted a status at least equivalent to subsidiary protection or any other equivalent temporary status under national law for not less than one year, and renewable, in accordance with national procedures. Only in case of new circumstances or new evidence concerning the person's eligibility following the decision on admission, the status could be refused or revoked; This is without prejudice to the right of the admitted candidate to apply for and be granted international protection in the framework of an asylum procedure.] 7462/16 AP/es 9