Council of the European Union Brussels, 7 January 2022 (OR. fr, en) 15299/1/21 REV 1 LIMITE JAI 1444 MIGR 283 ASIM 105 RELEX 1125 NOTE From:              Presidency To:                Delegations Subject:           Draft Council Implementing Decision on the operational coordination mechanism for the external dimension of migration (MOCADEM) Further to the COREPER meeting on 5 January, the Presidency has prepared in annex the draft Council Implementing Decision which will be submitted for legal/linguistic revision for approval by COREPER on 12 January. 15299/1/21 REV 1                                                   nat/ASY/moc                   1 JAI.1            LIMITE                          EN

ANNEX [DRAFT] Council implementing decision on the operational coordination mechanism for the external dimension of migration The Council of the European Union, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Decision 2014/415/EU of 24 June 2014 on the arrangements for the implementation by the Union of the solidarity clause and in particular Article 9(3) thereof, Whereas: (1)  This Decision concerns the establishment of a mechanism for the operational coordination of the external dimension of migration (MOCADEM), by adaptation of the integrated EU mechanism which was approved by the Council on 25 June 2013 and which is referred to in Article 1(2) of Decision 2014/415/EU. (2)  The European Council on 24 and 25 June 2021 called for intensified partnerships and cooperation with countries of origin and transit in order to prevent loss of life and reduce pressure on European borders, in a pragmatic, flexible and tailor-made approach, using in a coordinated way all available instruments and incentives at EU and Member State level. (3)  The European Council of 21-22 October subsequently called to make the action plans established for 8 priority countries of origin and transit operational, backed by concrete timelines and adequate financial support. (4)  On 16 December 2021, the European Council invited the Council to ensure close monitoring of the swift and effective implementation of the European Union's external migration policy under the direction of its Presidency. (5)  In order to ensure the Council is in a position to ensure this task, it is necessary to integrate the various means and levers, to strengthen coordination between all the actors involved in 15299/1/21 REV 1                                                       nat/ASY/moc                     2 Annex                                            JAI.1             LIMITE                            EN

implementing the external dimension of migration, and to ensure the operational nature of the Union's actions, without prejudice to the respective competences of the EU Institutions. (6)  To this end, a mechanism for the operational coordination of the external dimension of migration (MOCADEM) should be created. This mechanism should build upon the arrangements provided for in Council Implementing Decision (EU) n° 2018/1993 of 11 December 2018 on the European Union's integrated political crisis response mechanism. It differs, however, in its purpose, insofar as the new mechanism is intended to deal with relations with third countries in the field of migration. Has adopted this Decision: Article 1 Subject Matter and Scope 1.   This Decision lays down the operational coordination mechanism for the external dimension of migration (MOCADEM). The MOCADEM shall enable the Union to coordinate and react timely to issues related to the external dimension of migration. 2.   The MOCADEM provides the Council with the necessary flexibility to ensure the synthesis of information and orientations proposed by the various preparatory bodies and by the various parties involved in the mechanism. It prepares and proposes operational actions relating to the means and leverages to be mobilised to implement the EU's objectives for each third country concerned. 3.   The MOCADEM is placed under the direction of the Council Presidency, taking full account of the competences of the Commission and the High Representative (HR). 4.   This mechanism does not replace or duplicate existing Union mechanisms or arrangements. 15299/1/21 REV 1                                                      nat/ASY/moc                  3 Annex                                             JAI.1           LIMITE                        EN

Article 2 Definitions For the purposes of this Decision, "operational action" means any action the implementation of which is likely to contribute to the attainment of the objectives of the Union in its relations with a third country in the field of migration, including : –      a political or diplomatic approach –      an action in support of the third country concerned, including in the area of capacity building or development cooperation ; –      the mobilisation of any available leverage, for example financial support, or the tools of visa policy or any other policy ; –      the development of targeted communication strategies. Article 3 Functioning 1.     Where the situation of relations between the European Union and a third country as regards migration has such an impact as to require coordination and a timely response from the Union, the Presidency may convene, with the support and advice of the GSC, a MOCADEM roundtable. 2.     This roundtable aims to synthesize the information and policy proposals provided by the various Council preparatory bodies as well as by other invited parties. Based in particular on the working summaries (“synthèses opérationnelles”) drawn up by the working group on the external aspects of migration (EMWP), and relevant work carried out by other working groups (Visa, IMEX, CODEV-PI, geographical working groups). It prepares operational actions to be proposed to Coreper, in any area relevant for the relationships between the European Union and the third country concerned in the field of migration. 15299/1/21 REV 1                                                        nat/ASY/moc                    4 Annex                                             JAI.1             LIMITE                          EN

3.    The Presidency decides on the composition of the roundtables. The Commission services and the EEAS shall be invited to participate and to present a summary contribution in respect of all their respective areas of competence. Interested Member States shall be invited to participate. Relevant Union agencies, other relevant stakeholders and experts in certain fields shall also be invited to participate, as appropriate. 4.    The level of representation of each invited institution, body or party shall be appropriate to the operational and decision-making objective of the roundtables. Article 4 Role of Coreper In order to ensure the coherence of the policies and actions carried out by the Union, Coreper shall ensure the strategic direction of the work of the MOCADEM, which shall report to it regularly, and the political control of the implementation of the arrangements. Article 5 Resources 1.    The MOCADEM may rely on reports prepared by the Integrated Situational Awareness and Analysis (ISAA) support capacity. 2.    The ISAA support capability shall allow: a)     to collect and disseminate situational information, the analyses carried out by the Union and the Member States, the decisions and measures that the relevant stakeholders have taken or need to take, and the coordination requirements ; b)     process the information referred to in (a) and provide an overview of the situation ; c)     produce an integrated analysis, including the possible evolution and consequences of the situation. 15299/1/21 REV 1                                                       nat/ASY/moc                     5 Annex                                             JAI.1             LIMITE                         EN

3.    The ISAA shall be developed by the Commission services and the EEAS within their respective roles and responsibilities and within the limits of their existing means and capabilities. The ISAA shall also be based on the analyses provided by the Member States and by the Union's agencies. Article 6 Review No later than twelve months after the entry into force of this Decision, Coreper will be invited to review the implementation of the MOCADEM, based on a report submitted by the Presidency after consultation of the Commission and the HR, and propose a possible revision to this decision as appropriate. Article 7 Entry into force This Decision shall enter into force on the day following of its adoption. 15299/1/21 REV 1                                                        nat/ASY/moc                 6 Annex                                            JAI.1              LIMITE                        EN