Summary

To reform the Common European Asylum System, the Commission tabled the following proposals on 4 May and on 13 July 2016 and presented an amended proposal on 12 September 2018. Building on the previous proposals and negotiations, on 23 September 2020, the Commission adopted two amendments to the 2016 Commission’s proposals (COM (2020) 611 and COM (2020) 614), three new proposals (COM(2020) 612, COM(2020) 613 and COM(2020) 610) and withdrew the 2016 Dublin proposal (COM(2016) 270).

• Proposal for a Regulation on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 – COM (2016) 271

• Amended proposal for a Regulation of the European Parliament and of the Council on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 -COM(2018) 633

• Proposal for a Regulation on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of [Regulation (EU) No 604/2013 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], for identifying an illegally staying third-country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes (recast) – COM(2016) 272

• Proposal for a Directive of the European Parliament and of the Council laying down standards for the reception of applicants for international protection (recast) – COM (2016) 465

• Proposal for a Regulation of the European Parliament and Council on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted and amending Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents – COM (2016) 466

• Proposal for a Regulation establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU – COM (2016) 467

• Proposal for a Regulation of the European Parliament and the Council establishing a Union Resettlement Framework and amending Regulation (EU) No 516/2014 of the European Parliament and the Council – COM (2016) 468

• Amended proposal for a Regulation of the European Parliament and the Council establishing a common procedure in the Union and repealing Directive 2013/32/EU – COM (2020) 611

• Amended proposal for a Regulation on the establishment of 'Eurodac' for the comparison of biometric data for the effective application of Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] and of Regulation (EU) XXX/XXX [Resettlement Regulation], for identifying an illegally staying third-country national or stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes and amending Regulations (EU) 2018/1240 and (EU) 2019/818 - COM(2020) 614

• Proposal for a Regulation of the European Parliament and of the Council introducing a screening of third country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817 – COM(2020) 612

• Proposal for a Regulation of the European Parliament and of the Council on asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund] – COM(2020) 610

• Proposal for a Regulation of the European Parliament and of the Council addressing situations of crisis and force majeure in the field of migration and asylum – COM(2020) 613

• Proposal for a Regulation of the European Parliament and of the Council addressing situations of instrumentalisation in the field of migration and asylum – COM(2021) 890

Which objective(s) does the Commission pursue?

Since 2016, the Commission intends to put in place a fully efficient, fair and humane asylum policy. The package aims notably at making asylum procedures faster, simpler and more effective. The package aims at building an efficient European asylum system based on solidarity and a fair sharing of responsibility through common, harmonised rules, which are resistant to abuse and fully in line with the international protection standards under the Geneva Convention and fundamental rights instruments. The new Pact builds on progress made since 2016 and aims at introducing a common European framework and better governance of migration and asylum management, as well as a new solidarity mechanism. It will also make procedures at the border more consistent and more efficient, as well as ensuring a consistent standard of reception conditions. Moreover, the aim of the instrumentalisation proposal is to allow Member States to better face artificially created and facilitated irregular migration by the third-country actors.

Estimated savings and benefits

The reform is expected to lead to clearer and more stable rules on which asylum applications a Member State is responsible for. At the same time, through the introduction of solidarity among Member States, no Member State is expected to face migratory pressure alone. The challenges posed to Member States facing disembarkations following search and rescue operations are also addressed through a specific solidarity mechanism. Furthermore, harmonised criteria for granting protection, fair and equal conditions for asylum-seekers and beneficiaries across the EU and enhanced biometric evidence underpinning the implementation of the rules is expected to prevent abuse, multiple asylum applications and unauthorised movements. Clearer, more efficient border procedures and common rules for how to deal with asylum requests, and sufficient operational and financial support to Member States is also expected to enable applicants to get faster clarity on their legal status by allowing for channelling into the different procedures and allow Member States to make savings in reception and administrative costs. Moreover, offering safe and orderly resettlement pathways to those most in need will increase credibility with third country partners. Finally, providing Member States with the possibility to have recourse to permanent toolbox which allows them to address future attempts to destabilise EU through the instrumentalisation of migrants.

Given data limitations, further quantification has not been possible.