The
Council, in full cooperation with the Commission, having in mind the
necessity to safeguard the functioning of the Schengen area and to
reduce migratory pressures, agreed the following measures to implement
fully the orientations already agreed by the European Council and the
Council in compliance with EU acquis. It decided:
1. to
encourage Member States and relevant third countries to intensify
ongoing efforts to substantially increase reception capacities, for
which the Council welcomes rapid identification by the Commission of
additional financial support for affected countries and for the UNHCR;
2. that
the establishment of hotspots in Italy and Greece will be intensified,
with support of the Member States, the Commission, Frontex and EASO, so
that all of these function by end of November 2015 as previously agreed;
3. that
all participating Member States will speed up the relocation process,
notably by communicating their capacities for first relocations and by
nominating as appropriate relocation liaison officers to Italy and
Greece, preferably by 16 November 2015. In parallel, Italy and Greece
will substantially accelerate the preparatory steps necessary for
relocation. The Council and the Commission support Italy and Greece in
their decisions to register migrants before further handling their case
on the mainland, in particular with Eurodac machines provided by Member
States. Member States endeavour to fill by 16 November 2015 the
remaining gaps in the calls for contribution from Frontex and EASO,
which will simplify the profiles required and the appointing procedures;
4. that
Member States, with the full support of the Commission and Frontex,
will substantially improve the return rate. Member States should also
provide return experts for the pool of European Return Liaison Officers
for rapid deployment;
5. that
Member States, to overcome the potential lack of cooperation of
migrants as they arrive into the European Union and while fully
respecting the fundamental rights and the principle of non-refoulement,
will make use of possibilities provided by the EU acquis, such as
(1) asylum procedures at borders or transit zones; (2) accelerated
procedures; (3) non-admissibility of subsequent asylum applications by
the individuals concerned; (4) coercive measures, including, as a last
resort, detention for a maximum period necessary for the completion of
underlying procedures. In addition to existing guidelines on systematic
fingerprinting, the Commission is invited to issue, in cooperation with
EASO and Frontex, further practical guidance on the consequences of the
registering obligations in the light of the Dublin rules, the relocation
decisions and the international readmission obligations.
Furthermore,
the Council agrees to explore the concept of processing centres in
countries where the hotspot approach has not been implemented, supported
by the Commission and relevant EU agencies, in order to organise access
to international protection and/or for the purpose of return;
6. to
fully support the Commission in pursuing contingency planning of
humanitarian assistance for the Western Balkans, in light of the
approaching winter. The Union civil protection mechanism should be used
to the maximum possible extent. The Council encourages Member States to
provide further assistance through this mechanism;
7. as
regards controls for entry and exit at external borders, to assist the
Member States concerned in respecting their legal obligation to perform
adequate controls, to manage and to regain controls of the external
borders and increase coordination of actions relating to border
management. This will involve a range of supporting measures by Frontex,
gradually extending, as necessary, to the deployment of Rapid Border
Intervention Teams (RABITs) in accordance with EU rules;
8. to support the upscaling by 1 December 2015 of the Poseidon Sea Joint Operation in Greece within the current operational plan;
9. to conduct at the December Justice and Home Affairs Council, on the basis of the 8th
bi-annual reporting by the Commission, a thorough debate on the
functioning of the Schengen area (1 May 2015 - 31 October 2015) and on
the lessons learned from temporary reintroductions of controls at
internal borders;
10. to invite Europol to accelerate the establishment of the European Migrant Smuggling Centre
(EMSC) to strengthen its capacity to support Member States in better
preventing and fighting against migrant smuggling. The EMSC will
encompass the Joint Operational Team (JOT) Mare initiative and further extend Europol actions,
including with a focus on the Western Balkans area, in close
cooperation with all relevant EU agencies, and in particular Frontex and
Eurojust. The swift and effective deployment of officers at the
hotspots on key migratory routes should be a component of this approach;
11. to
invite Member States, in coordination with the Commission, to set up by
1 December 2015 a network of single operational contact points on
migrant smuggling, as set out in the EU Action Plan against Migrant
Smuggling 2015-2020, while stepping up their efforts to intensify
investigation and prosecution of migrant smugglers and traffickers;
12. to
continue examining pending legislative proposals on a crisis relocation
mechanism and on safe countries of origin as already planned, as well
as on other priority actions such as on the adaptation of the Dublin
system and on the gradual establishment of an integrated management
system for external borders;
13. to
invite the Commission and the High Representative to press for
practical results on return and readmission in their bilateral
dialogues, notably during the upcoming high-level meetings with
Afghanistan, Morocco, Nigeria, Pakistan, Tunisia and Turkey. By its next
meeting on 3-4 December, the Council expects a first progress report on
these dialogues. This will allow to exchange views on the appropriate
incentive packages to be used vis-à-vis third countries;
14. that
the first European Migration Liaison Officers (EMLOs) should be
deployed as a matter of priority to Ethiopia, Niger, Pakistan and Serbia
by the end of January 2016;
15. to
reiterate the importance of Member States' resettlement activities to
address the migration crisis, noting progress on this so far including
at EU level. The Council agrees that further efforts should be made to
enhance resettlement opportunities with an emphasis on certain priority
third countries. It invites the Commission to continue its work on
resettlement as a matter of priority;
16. in
order to secure concrete steps on border control, on the prevention of
irregular migration and on the fight against trafficking and smuggling
of migrants, to support accelerating the fulfilment of the visa
liberalisation roadmap with Turkey towards all participating Member
States and the full implementation of the readmission agreement, in the
context of the enhanced cooperation foreseen in the action plan;
17. to
define, as a matter of urgency, a common information strategy addressed
to asylum seekers, migrants, smugglers and traffickers aiming at (1)
discouraging migrants to embark on perilous journey and to have recourse
to smugglers, (2) explaining how EU rules on the management of external
borders and international protection operate, including resettlement,
relocation and return, (3) disseminating counter-narratives to the ones
being used by the traffickers and smugglers of migrants, (4) informing
about criminal prosecutions against traffickers and smugglers and (5)
informing about return operations. As part of an information strategy
geared at reducing pull factors, it should be clearly explained that
migrants must register in their first Member State of arrival; that,
under EU law, asylum seekers have no right to choose the Member State
responsible for examining their application; and that migrants without a
need of protection will be swiftly returned. Furthermore, a clear
message should be passed that migrants cannot refuse to cooperate with
the relevant national authorities. Henceforth, all necessary measures
will be taken by Member States to prevent, deter and draw the
consequences of such movements and non-cooperation. The Commission will
pull together in the coming days a dedicated team from all relevant
institutional actors to deliver on these objectives and will inform
about the implementation at the Council meeting on 3-4 December 2015; to
support the Presidency's decision to upgrade the activation of the
Integrated Political Crisis Response (IPCR) from information-sharing to
full activation mode including by providing information to feed the ISAA
process, by contributing to the identification of operational gaps and
by supporting communication activities, thereby improving political
coordination and decision-making process at EU level. In this framework,
on the basis of the needs and gaps identified in the ISAA reports,
roundtables will be convened regularly for the management of the
migration crisis, bringing together appropriate expertise in order to
allow a timely policy coordination and response at EU level, in
particular on the implementation of interlinked measures on borders,
reception capacities, hotspots and returns, on financial and human
resources pledges and on operational and logistical priorities.
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