Council of the European Union Brussels, 30 December 2021 (OR. fr, en) 15299/21 LIMITE JAI 1444 MIGR 283 ASIM 105 RELEX 1125 NOTE From:               Presidency To:                 Permanent Representatives Committee Subject:            Operational coordination mechanism for the external dimension of migration 1.   On 24 and 25 June 2021, the European Council called for intensified partnerships and cooperation with countries of origin and transit in order to prevent loss of life and to reduce pressure on European borders, using a pragmatic, flexible and tailor-made approach and making coordinated use of all available EU and Member State instruments and incentives. 2.   On 21 and 22 October, the European Council subsequently called for the action plans established for eight priority countries of origin and transit to be made operational, and for these plans to be underpinned by concrete timelines and adequate financial support. 15299/21                                                              skr/ste/MAS/moc                1 JAI.1              LIMITE                        EN

3.   Coreper has monitored the implementation of these calls, in particular whether the financial programming envisaged under the European budget, including under NDICI-Global Europe, is aligned with the political expectations expressed on several occasions in this        1 regard . 4.   During the discussions, Coreper noted the need to strengthen coordination between all those involved in implementing the external dimension of migration policy, and the need to ensure the effectiveness of Union and Member States’ actions, in order to achieve the objectives set by the European Council. 5.   It also noted the need for an up-to-date and accurate view of migration patterns and the need to adapt the European approach to the specific nature of the situation and of the migration relationship with each country of origin and transit, from a cross-sectoral perspective. 6.   On 16 December 2021, the European Council called for the action plans for countries of origin and transit to be made operational and implemented without further delay, in cooperation with partner countries. It urged the Commission to make sure that adequate financing was identified and mobilised without delay, in line with the EU’s increased ambition. The European Council also called for the establishment of a more unified returns policy in order to ensure more effective returns by using as leverage EU policies, instruments and tools, including development, trade and visas. The full implementation of readmission agreements and the conclusion of new ones should also be ensured. 1    WK 14286 2021 INIT 15299/21                                                            skr/ste/MAS/moc                2 JAI.1            LIMITE                         EN

The Council has been invited to closely monitor, under the direction of its Presidency, the swift and effective implementation of the external dimension of the European Union’s migration policy. 7.   To enable the Council to do so, it is proposed to set up, under the direct authority of Coreper, an operational coordination mechanism for the external dimension of migration (MOCADEM). This mechanism will be responsible for preparing and proposing operational actions to implement the external dimension of migration policy, in particular by coordinating and mobilising the resources available to the Union and the Member States, operationalising action plans and ensuring more effective returns. 8.   It will involve all stakeholders, who will be able to contribute in accordance with the powers conferred on them under the Treaties. As part of a ‘Team Europe’ approach and under the leadership of the Presidency of the Council of the European Union, MOCADEM should bring together, in addition to the Member States concerned: –      the competent Commission departments, –      the European External Action Service, –      where appropriate, the European Union delegations concerned, –      the agencies, in particular Frontex, the EU Agency for Asylum and Europol, –      and any external third party whose participation would contribute to meeting the objectives set by the European Council. 9.   The mechanism will be able to build on the work carried out by the relevant working groups (in particular EMWP, the Visa Working Party, IMEX, CODEV-PI, and the geographical working parties). 15299/21                                                            skr/ste/MAS/moc                  3 JAI.1            LIMITE                        EN

10.  MOCADEM would take over the main features of the European Union Integrated Political Crisis Response (IPCR) arrangements, the operating procedures of which are laid down in Council Decision 2014/415/EU of 24 June 2014 and Implementing Decision No 2018/1993 of 11 December 2018. 11.  It is thus intended, not to make further contributions in terms of comments or positions, but to determine the actions to be taken to achieve the objectives set in the context of the relationship with each country of origin and transit (border management, the situation of refugees or internally displaced persons, cooperation on readmission, the fight against migrant smuggling, etc.). To this end, MOCADEM will be responsible for identifying the necessary actions and the levers to be mobilised in order to operationalise the EU’s objectives for each country of origin or transit: political/diplomatic démarches, capacity/humanitarian financial support, utilisation of visa policy or other policies (transport, trade, development). 12.  MOCADEM will propose a division of responsibilities and a clear designation of the actors involved in each action. It will be responsible for analysing developments and results according to a given timetable, in order to report to Coreper as often as necessary. 13.  MOCADEM may be convened at Permanent Representatives’ level in order to deal with the most sensitive situations. 14.  Coreper is invited to approve the establishment of the operational coordination mechanism for the external dimension of migration (MOCADEM) as set out in the attached draft Decision. 15299/21                                                              skr/ste/MAS/moc                4 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. 15299/21                                                             skr/ste/MAS/moc               5 JAI.1             LIMITE                         EN

(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 implementing the external dimension of migration, and to ensure the operational nature of the Union's actions. (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. 15299/21                                                             skr/ste/MAS/moc                   6 JAI.1            LIMITE                            EN

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. 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 humanitarian aid, –      the mobilisation of any available leverage, for example financial support, or the tools of visa policy or any other policy. 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. 15299/21                                                              skr/ste/MAS/moc                  7 JAI.1             LIMITE                          EN

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 that can 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. 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. Relevant Member States, relevant Union agencies, other relevant stakeholders and experts in certain fields shall 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. 15299/21                                                              skr/ste/MAS/moc                  8 JAI.1             LIMITE                           EN

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. 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. 15299/21                                                             skr/ste/MAS/moc                9 JAI.1              LIMITE                        EN

Article 6 Review No later than twelve months after the entry into force of this Decision, the Presidency shall submit a report on the implementation of the MOCADEM, after consultation of the Commission and the HR. Article 7 Entry into force This Decision shall enter into force on the day following of its publication in the Official Journal of the European Union. 15299/21                                                             skr/ste/MAS/moc                 10 JAI.1             LIMITE                         EN