Brussels, 22 October 2020 WK 11636/2020 INIT LIMITE JAI ASIM MIGR ASILE WORKING PAPER This is a paper intended for a specific community of recipients. Handling and further distribution are under the sole responsibility of community members. WORKING DOCUMENT From:                  General Secretariat of the Council To:                    Strategic Committee on Immigration, Frontiers and Asylum Subject:               Strategic Committee on Immigration, Frontiers and Asylum - presentation given by the Commission Delegations will find enclosed the presentation on the Solidarity mechanisms given by the Commission during the informal videoconference of the members of the Strategic Committee on Immigration, Frontiers and Asylum held on 22 October 2020. WK 11636/2020 INIT LIMITE                                                                                             EN

Solidarity mechanisms Member States under pressure Search and rescue operations Crisis

Constant solidarity for Member States under pressure Correction Trigger                       Response                         Response Mechanism Commission                                    implementing act sets out Solidarity Forum to ask       If 30% of relocation and Trigger by COM or MS,         legal obligations based on COM issues assessment            the Solidarity response            Member States to           return sponsorship needs report with needs             Plans (distribution key          calibrate the type of           not met, correction            INBUILT FLEXIBITY 50% GDP/50% pop)                    contributions               mechanism kicks in • If contributing MS received double the EU per capita average of applications in Member States                                                                                                                               recent years, reduction of Member States submit                                                                                                         share by 10%. Member States fulfill their obligations which meet the        Member States obliged to Solidarity Response             needs identified in the Report on migratory pressure          contribute at least half of Plans                                                                                                             • Voluntary measures deduced fair share to relocation or    from MS share in return sponsorship. Other      implementing act measures reduced accordingly Measures                   Relocation of applicants not in the border procedure + beneficiaries of international protection Return Sponsorship Other measures (capacity-building in the field of asylum, reception, return/operational support/external dimension) 2

Predictable solidarity for Search and Rescue Correction Trigger                     Targets met                     Targets not met Mechanism Commission                                                                      Solidarity Forum for MS Annual Report of                 If target met,               to increase pledges – if   If there is a 30% shortfall predicted SAR /          transformation of pool into               still insufficient       of relocation needs, vulnerable cases              legal obligation via             implementing act with       correction mechanism implementing Act               distribution key for pool             kicks in INBUILT FLEXIBITY Member States                                Throughout the year Member States fulfill the pledges                                     • Where the correction Member States voluntarily                          either of the pools                     Member States obliged to        mechanism is applied MS can pledge for either                                                                        contribute at least half of    choose return sponsorship relocation or other                                                                         what would have been         instead of relocation measures                                                                             fair share of relocation. If still unwilling to relocate, can choose return sponsorship as last alternative Measures                                      Relocation of applicants not in the border procedure Other Measures (capacity-building in asylum, reception, return/operational support/external dimension) Return Sponsorship Sustainability   Where 80% of either pool is used up amending implementing act to be adopted with increased pledges OR 50% increase of contributions 3

Immediate solidarity in crisis times Trigger                          Response Commission                                      Implementing Act sets out Trigger by COM or MS,                 legal obligations COM issues assessment              (distribution key) based report identifying needs              on the Solidarity Response Plans Member States Member States fulfill their Member States submit              obligations in the two Solidarity Response                     categories Plans                                                                      No Correction Reduced timeline for                                Mechanism implementing act and (4 months) for return sponsorship failsafe Measures                    Relocation of all applicants and beneficiaries of international protection and irregular migrants Return Sponsorship 4

Possible solidarity measures Article  Scope of solidarity                    Pressure             SAR             Crisis Regulation AMMR 45(1)(a) Relocation of applicants not in border    X                  X                      X procedure 45(1)(c) Relocation of beneficiaries               X                                         X 45(1)(d) Capacity in asylum, reception, return,    X                  X operational support, capacity aimed at the external dimension 45(1)(b) Return sponsorship                        X                  X                      X (only at the correction stage- if 30% shortfall for relocations) 45(2)(a) Relocation of applicants in the border                                              X procedure 45(2)(b) Relocation of irregular third country                                               X nationals

Correction Mechanism for Member States under pressure COM reaches the conclusion that solidarity contributions required for Member State A (under pressure) in terms of relocation and return sponsorship is 1000 (500 for each of these) in addition to capacity measures (asylum case workers and containers) Member States B, C and D with a share of solidarity contributions of respectively 10%, 15% and 10% of the total share, indicate in their solidarity response plans that they will choose capacity measures instead of relocation or return sponsorship Since the shortfall for relocation and return sponsorship is above 30% (the total amount of the shares of these 3 Member States represent 35%), the COM will run the correction mechanism Member State B (10%)                      Member State C (15%)                 Member State D (10%) 50% of its share (i.e. 5% of the         50% of its share (i.e. 7.5% of the    50% of its share (i.e. 5% of the total EU share) in relocation /           total EU share) in relocation /      total EU share) in relocation / return sponsorship  50                   return sponsorship  75              return sponsorship  50 825 out of the 1000 relocation and return sponsorship will be met; the remaining 50% of each of Member State’s B, C and D share will be contributed in capacity measures 6

Correction Mechanism - Search and Rescue COM reaches the conclusion that solidarity contributions required for Member State A (experiencing recurring arrivals due to search and rescue operations) in terms of relocation is 500 in addition to capacity measures (asylum case workers and containers) Member States B, C and D which do not experience search and rescue operations and have a share of solidarity contributions of respectively 10%, 15% and 10% of the total share, indicate in their solidarity response plans that they will choose capacity measures instead of relocation Since the shortfall for relocation is above 30% (the total amount of the shares of these 3 Member States represent 35%), the COM will run the correction mechanism (in this case MS may also indicate that they will contribute through return sponsorship instead of relocation) Member State B (10%)                    Member State C (15%)                  Member State D (10%) 50% of its share (i.e. 5% of the        50% of its share (i.e. 7.5% of the    50% of its share (i.e. 5% of the total EU share) in relocation /         total EU share) in relocation /       total EU share) in relocation / return sponsorship  25                 return sponsorship  38               return sponsorship  25 413 relocations and return sponsorships will be offered; the remaining 50% of each of Member State’s B, C and D share will be contributed in capacity measures 7

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