Among the agreed-upon provisions are:

• Member states can choose between hosting asylum applicants and making financial contributions;
• Addressing crises and instrumentalisation of migrants and asylum applicants;
• Asylum claims to be examined more quickly – up to six months for a first decision;
• Improved identification at arrival, including facial image and fingerprints, covering children from the age of six and;
• Mandatory security and health checks for people entering the EU irregularly.

The agreed-upon framework is expected to “function and protect”.

“It is an approach that is humane and fair with those seeking protection, that is firm with those who are not eligible, and that is strong with those who exploit the most vulnerable,” Metsola stated. 

“Migration was the number one concern raised by citizens across the Union in the elections 2019. Delivering on this package before the end of the year is a huge success for the constructive pro-European centre ahead of the start of an election year in Europe.”

Relocation or money

The new asylum and migration management regulation foresees mandatory solidarity for EU countries recognised as being under migratory pressure, allowing other member states to choose between relocating asylum applicants to their territory and making financial contributions.

A solidarity pool will be established every year, to which all EU countries will have to contribute with relocations (i.e. transfers of an applicant or a beneficiary of international protection from the territory of a benefitting member state to the territory of a contributing one) and/or financial contributions. The calculation of each member state’s contribution is based on the size of the population (50%) and its GDP (50%), while each country is free to decide on the type of contribution or a combination of them.

Member states declared as being under migratory pressure will notify the Council and the Commission of their intention to use the pool and be able to request a partial or full deduction of their own solidarity contributions.

However, while this is indeed a huge step forward, it can be argued this does not adequately share the burden because despite financial contributions, bearing the physical brunt of the majority of migrants and asylum-seekers due to geographical location can still perpetuate socio-economic issues, especially when states, like Malta, are limited with space and sufficient infrastructure.

Moreover, the relocation of migrants can be decided by the Commission once it determines that a member state is in crisis.

“The new rules foresee a predictable and permanent system of solidarity in which all member states must contribute to support the member state in crisis. Among the possible solidarity measures to address a specific crisis, a member state can propose to the Commission to opt for the relocation of asylum applicants and targeted financial contributions or alternative measures,” the EP explained.

International protection

The text also determines new criteria according to which a member state is responsible for examining international protection applications (ex-Dublin rules).

Moreover, certain categories of people –such as applicants coming from a specific country of origin – may be identified as entitled to prima facie protection, i.e. authorities would have to prioritise the examination of their application because they are likely to be well-founded and to ensure the swift conclusion of their application.

Family reunification cases will be prioritised and possible family links will be identified as quickly as possible through this deal.

Security

Under the new screening regulation, people who do not fulfil the conditions to enter the EU will be subject to a pre-entry screening procedure, including identification, collecting biometric data, health and security checks, for up to seven days. The specific needs of children will be taken into account and each member state will have an independent monitoring mechanism to ensure respect for fundamental rights

Finally, the reform of Eurodac aims to identify those arriving at EU territory more effectively, adding facial images to fingerprints, including for children from six years old. Authorities will be able to record if someone could present a security threat, if the person is violent or unlawfully armed.

Next steps

This agreements needs to be formally adopted by the EP and Council before it can become law.

This action was co-financed by the European Union in the frame of the European Parliament’s grant programme in the field of communication. The European Parliament was not involved in its preparation and is, in no case, responsible for or bound by the information or opinions expressed in the context of this action. In accordance with applicable law, the authors, interviewed people, publishers or programme broadcasters are solely responsible. The European Parliament can also not be held liable for direct or indirect damage that may result from the implementation of the action.

Do you think that this agreement will adequately address the migrant crisis in the EU?