International protection: criteria and mechanisms for determining the Member State responsible for examining an application lodged by a third-country national or a stateless person. Recast

2008/0243(COD)

The Council discussed the state of play of negotiations on the asylum package on the basis of two presidency papers taking into account the commitment to set up the CEAS by 2012.

Particular attention was given to possible ways to move forward in negotiations on the Dublin regulation based on the concept of an early warning and preparedness process, in the form of an 'asylum evaluation mechanism'. Such an evaluation mechanism could be used as a tool for the prevention of asylum crises and could be set up in parallel to the 'emergency mechanism' so far included in the Commission proposal and rejected by a majority of Member States.

The evaluation mechanism would pursue two objectives:

  • to contribute to the development of mutual trust among Member States with respect to asylum policy;
  • to function as a mechanism for early warning and preparedness for crises, thus facilitating decisions on the application of emergency measures in such situations.

The 'emergency mechanism', strongly advocated by the Commission, would allow for the temporary suspension of transfers of asylum seekers to a particular Member State which found itself in a situation of strong and disproportionate pressure on its asylum system.

The discussion showed that the new idea for an evaluation mechanism was generally welcomed. A majority of Member States continued to refuse the idea of an emergency mechanism, however, even if accompanied by an asylum evaluation mechanism.