On Thursday 8 October, the home affairs ministers of the EU Member States and their representatives will hold a first exchange of views on the proposals in the Pact on Migration and Asylum presented by the European Commission on 23 September.
During the informal videoconference they will also discuss migration partnerships with non-Member States (North Africa and the Western Balkans) and cooperation between European police forces, but it is clearly their initial reaction to the Pact that will be the most important point.
This is “the most toxic” issue of the German Presidency of the Council of the EU, a European source told us on 2 October. She was particularly pessimistic, saying she was expecting challenging discussions on elements involving solidarity and on border procedures, but that more technical elements of the Pact, such as amendments to the Eurodac Regulation, will in theory be easier to deal with and will remain at the level of the technical groups.
The German Presidency “never imagined that it would be able to reach agreements” on the more sensitive elements during its six-month term. The reality is likely to be worse: agreeing on these sensitive elements, including solidarity arrangements and the border procedures “might still take years”.
In any event, another ministerial meeting, this time a physical meeting, is scheduled for November, if conditions allow.
On 23 September, the Commission proposed new legislation (see EUROPE 12566/1), including a new regulation on asylum and migration management to replace the current Dublin Regulation: the Commission proposed relaxing some of the ‘Dublin’ criteria while at the same time not upsetting the overall balance (the first country of entry criterion will continue to apply by default), but also included a compulsory solidarity mechanism designed to relieve States under pressure in a range of situations: sea rescues, disembarkation of migrants, migratory pressure and genuine crises.
There will be provision for compulsory assistance in the form of relocations, returns or support in setting up reception centres (except in crises).
If the Commission finds that Member States’ initial commitments are too low to meet needs (at least 70% of identified needs must be met), a correction mechanism, which is designed to review Member States’ offers of support, will be applied. Where there are persistent failings, the Commission would have the power to use an implementing act, but again the Member State would be given the option of carrying out relocations or providing assistance with returns.
The Commission has also proposed a regulation to introduce a new procedure for preliminary border checks: within the space of five days, an individual must have been checked (health, security, identification) and directed either to a border procedure (an accelerated procedure, as there is little chance of being granted asylum), or to a standard asylum procedure, with the possibility of being redirected to another Member State if the individual is able to prove they meet criteria other than the first country of entry criterion. (Original version in French by Solenn Paulic)