The Council took note, on the basis of a presidency
paper, of the state-of-play of negotiations on the various
outstanding legislative proposals concerning the Common European
Asylum System (CEAS).
In keeping with the commitment to strengthen the CEAS
by the end of 2012, the Council instructed its preparatory bodies
to continue work on the various proposals.
The situation on the four outstanding files can
be described as follows:
- Reception conditions
directives: negotiations
between the Council and the European Parliament are expected to
start soon. A revised proposal was tabled by the Commission on 1
June 2011.
- Asylum procedures directives (the present
Directive): progress has been made,
in particular regarding access to the procedure, applicants with
special procedural needs and the applicability of accelerated
procedures. Discussions in the Council preparatory bodies are
continuing on other key elements such as guarantees for
unaccompanied minors, subsequent applications and the right to an
effective remedy. A revised proposal of the
directive was tabled by the Commission on 1 June 2011.
- Eurodac Regulation: discussions are on hold pending a revised Commission
proposal. Member states have requested additional provisions which
would allow law enforcement authorities to access this central
EU-wide fingerprint database, subject to strict conditions on data
protection, for the purposes of fighting terrorism and organised
crime.
- Dublin Regulation: negotiations between the Council and the European
Parliament are expected to start soon on the Dublin regulation,
which establishes the procedures for determining the member state
responsible for examining an application for international
protection. The Council has introduced a mechanism for early
warning, preparedness and crisis management. This mechanism is
aimed at evaluating the practical functioning of national asylum
systems, assisting member states in need and preventing asylum
crises. The mechanism would concentrate on adopting measures to
prevent asylum crises from developing rather than addressing the
consequences of such crises once they had occurred.
In addition, the Council adopted in March 2012
conclusions on a common framework for genuine and
practical solidarity towards member states facing particular
pressures on their asylum systems, including through mixed
migration flows. These conclusions are intended to constitute a
toolbox for EU-wide solidarity towards those member states most
affected by such pressures and/or encountering problems in their
asylum systems. They aim to complement and help the implementation
of the envisioned mechanism for early warning, preparedness and
crisis management in the amended Dublin regulation.
Four other agreements and decisions related to the
CEAS have already been adopted. They concern:
- The qualification directive
providing for better, clearer and more
harmonised standards for identifying persons in need of
international protection which was adopted in November 2011 and
entered into force in January 2012.
- The long term residence
directive adopted in April
2011.
- The creation of the European Asylum Support
Office (EASO) which started operations in spring
2011.
- The decision taken in March 2012 establishing common EU resettlement
priorities for 2013 as well as new rules on EU
funding for resettlement activities carried out by member
states.
As regards the overall context, it should be
remembered that the European Council confirmed in its conclusions
in June 2011 that negotiations on the various elements of the CEAS
should be concluded by 2012.