Proposal for a Regulation of the European Parliament and of the Council establishing a crisis relocation mechanism and amending Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third country national or a stateless person

Author (Corporate)
Series Title
Series Details (2015) 450 final (9.9.15)
Publication Date 09/09/2015
Content Type

The European Agenda on Migration adopted by the European Commission on 13 May 2015 outlines immediate measures required to respond to the current urgent and complex challenges in the area of migration as well as medium and long term initiatives that need to be taken to provide structural solutions for better managing migration in all its aspects.

As part of the immediate measures, on 27 May 2015, the European Commission adopted a proposal for a Council Decision establishing provisional measures in the area of international protection for the benefit of Italy and Greece, by which it triggered the emergency response system envisaged under Article 78(3) of the Treaty on the Functioning of the European Union (TFEU). On 20 July 2015, the Council reached a general approach on this Decision which establishes a temporary and exceptional relocation mechanism for persons in clear need of international protection over two years from Italy and Greece to other Member States. The Council should formally adopt the Decision once the European Parliament gives its opinion, which is expected in September 2015.

Due to the unprecedented flows of migrants which continued to increase in Italy and Greece and the shift in the migration flows from the Central to the East Mediterranean and the Western Balkans route towards Hungary, the Commission has adopted another proposal containing further provisional measures to relieve the asylum pressure from Italy and Greece, as well as a new measure for the benefit of Hungary. The European Commission also announced that the triggering of the emergency response system will be the precursor of a lasting solution. It announced in that respect that it will table by the end of 2015 a legislative proposal for a permanent system for relocation that should be triggered in crisis situations.

The overall objective of this legislative proposal is to ensure that the Union has at its disposal a robust crisis relocation mechanism to structurally deal with situations of crisis in the asylum area in an effective manner. Such mechanism should be rapidly triggered in respect of any Member State that experiences crisis situations of such a magnitude as to put under significant strain even well prepared and functioning asylum systems, also taking into account the size of the Member State concerned.

The proposed relocation mechanism aims, on the one hand, to ensure, in situations of crisis, a fair sharing of responsibilities between Member States for large numbers of applicants in clear need of international protection, and, on the other hand, the proper application of the Dublin system including the full protection of the rights of applicants for international protection. Whereas the proposal aims to introduce in Regulation (EU) No 604/2013 a crisis relocation mechanism as a permanent framework for the implementation of relocation measures, these measures will be applied in respect of specific crisis situations in a given Member State and will, by definition, remain temporary.

Source Link http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2015:450:FIN
Related Links
EUR-Lex: COM(2015)450: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2015:450:FIN
ESO: Background information: Refugee Crisis: European Commission takes decisive action http://www.europeansources.info/record/press-release-refugee-crisis-european-commission-takes-decisive-action/
ESO: Information Guide: European Migration Challenges http://www.europeansources.info/record/information-guide-european-migration-challenges/

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