(2a)

In line with Article 78(3) and Article 80 of the Treaty, the solidarity measures envisaged in this Decision are binding.

(4a)

The temporary measures for emergency relocation are only one part of the holistic approach to migration as outlined in the Commission’s communication of 13 May 2015 entitled, ‘A European Agenda on Migration’ and the forthcoming own-initiative report by the European Parliament. The European Parliament stresses that all dimensions of the holistic approach are important and should be advanced in parallel. At its meeting of 25 and 26 June 2015, the European Council agreed, in particular, in the light of the current emergency situation and of the commitment to reinforce solidarity and responsibility, on the temporary and exceptional relocation over two years from Italy and Greece to other Member States of 40 000 persons in clear need of international protection. Member States should agree on binding quota for the distribution of such persons.

(5)

In its resolution of 29 April 2015, the European Parliament reiterated the need for the Union to base its response to the latest tragedies in the Mediterranean on solidarity and fair sharing of responsibility and to step up its efforts in this area towards Member States which receive the highest number of refugees and applicants for international protection in either absolute or proportional terms.

(5)

In its resolution of 29 April 2015, the European Parliament reiterated the need for the Union to base its response to the latest tragedies in the Mediterranean on solidarity and fair sharing of responsibility and to step up its efforts in this area towards Member States which receive the highest number of refugees and applicants for international protection in either absolute or proportional terms on the basis of the criteria for establishing the Member State responsible for examining an application for international protection in accordance with Regulation (EU) No 604/2013 of the European Parliament and of the Council  (1bis). The European Parliament called for binding quota for the distribution of asylum seekers among all the Member States.

(7)

Among the Member States witnessing situations of particular pressure and in light of the recent tragic events in the Mediterranean, Italy and Greece in particular have experienced unprecedented flows of migrants, including applicants for international protection who are in clear need of international protection, arriving on their territories, generating a significant pressure on their migration and asylum systems.

(7)

Among the Member States witnessing situations of particular pressure and in light of the recent tragic events in the Mediterranean, Italy and Greece in particular have experienced unprecedented flows of migrants, including applicants for international protection who are in clear need of international protection, arriving on their territories, generating a significant pressure on their migration and asylum systems, thus indicating the negative impact of Regulation (EU) No 604/2013 for the first country of entry into the Union, which regrettably has not yet led to the suspension of that regulation or at least the removal of the reference to the first country of entry into the Union . However, other Member States within the Union are also experiencing large increases in the number asylum seekers they receive.

(7a)

The expert forecast shows an increased migratory pressure in the short- and mid-term on the external maritime and land borders of the Union.

(8)

According to data of the European Agency for the Management of Operational Cooperation at the External Borders (Frontex), the Central and Eastern Mediterranean route were the main areas for irregular border crossing into the Union in 2014. In 2014, more than 170 000 migrants arrived in Italy alone in an irregular manner, representing an increase of 277 % compared to 2013. A steady increase was also witnessed by Greece with more than 50 000 irregular migrants reaching the country, representing an increase of 153 % compared to 2013. Statistics for the first months of 2015 confirm this clear trend in respect of Italy. In addition, Greece has faced in the first months of 2015 a sharp increase in the number of irregular border crossings, corresponding to more than 50 % of the total number of irregular border crossings in 2014 (almost 28 000 in the first four months of 2015 in comparison to a total number of almost 55 000 in 2014). A significant proportion of the total number of irregular migrants detected in these two regions included migrants of nationalities which, based on the Eurostat data, meet a high Union level recognition rate (in 2014, the Syrians and the Eritreans, for which the Union recognition rate is more than 75 %, represented more than 40 % of the irregular migrants in Italy and more than 50 % of them in Greece). According to Eurostat, 30 505 Syrians were found to be irregularly present in Greece in 2014 compared to 8 220 in 2013.

(8)

According to data of the European Agency for the Management of Operational Cooperation at the External Borders (Frontex), the Central and Eastern Mediterranean route were the main areas for irregular border crossing into the Union in 2014. In 2014, more than 170 000 migrants arrived in Italy alone in an irregular manner, representing an increase of 277 % compared to 2013 , including more than 26 100 children, of whom around 13 000 were unaccompanied minors, representing 7,6  % of the total migrants . A steady increase was also witnessed by Greece with more than 50 000 irregular migrants reaching the country, representing an increase of 153 % compared to 2013. Statistics for the first months of 2015 confirm this clear trend in respect of Italy. From January to June 2015, Italy witnessed a 5 % increase of irregular border crossings as compared to the same period in the previous year. In addition, Greece has faced in the first months of 2015 a sharp increase in the number of irregular border crossings, corresponding to a more than six-fold increase in comparison with the same period in the previous year and an increase of nearly 140 % compared to the previous year as a whole (76 293 from January to June 2015, according to Frontex data, in comparison to a total number of almost 55 000 in 2014). A significant proportion of the total number of irregular migrants detected in these two regions included migrants of nationalities which, based on the Eurostat data, meet a high Union level recognition rate (in 2014, the Syrians and the Eritreans, for which the Union recognition rate is more than 75 %, represented more than 40 % of the irregular migrants in Italy and more than 50 % of them in Greece ; from January to June 2015 Syrians and Eritreans represented 30 % of arrivals to Italy and nearly 60 % to Greece ). According to Eurostat, 30 505 Syrians were found to be irregularly present in Greece in 2014 compared to 8 220 in 2013.

(10)

According to Frontex data, another important migration route into the Union in 2014 was the Western Balkan route with 43 357 irregular border crossings. However, the majority of migrants using the Balkan route are not prima facie in need of international protection, with 51 % of the arrivals being made up only of Kosovars.

(10)

According to Frontex data, another important migration route into the Union in 2014 was the Western Balkan route with 43 357 irregular border crossings. The number of irregular border crossings has increased dramatically in 2015. From January to June 2015, 67 444 migrants and refugees used the route through the borders of Turkey with Greece and Bulgaria and the land borders of Hungary. This amounts to an increase of 962 % compared to the same period in the previous year. The route is now increasingly also used by persons fleeing war and persecution. From January to June 2015, 17 955 refugees from Afghanistan, 13 225 refugees from Syria, 3 021 refugees from Iraq and 196 refugees from Eritrea entered the Union via this route.

(13a)

There should be a rapid and full transposition and effective implementation of the Common European Asylum System by all participating Member States, thereby ensuring common Union standards, including reception conditions for asylum seekers and respect for fundamental rights, as provided for in existing Union law.

(15)

If a Member State other than Italy or Greece should be confronted with a similar emergency situation characterised by a sudden inflow of nationals of third countries, the Council, on a proposal from the Commission, and after consulting the European Parliament, may adopt provisional measures for the benefit of the Member State concerned, in line with Article 78(3) of the Treaty. Such measures may include, where appropriate, a suspension of the obligations of that Member State provided for in this Decision.

(15)

Taking into account the ongoing instability and conflicts in the immediate neighbourhood of the Union and the changing nature of migratory flows, if a Member State other than Italy or Greece should be confronted with a similar emergency situation characterised by a sudden inflow of nationals of third countries, the Council, on a proposal from the Commission, and after consulting the European Parliament, may adopt provisional measures for the benefit of the Member State concerned, in line with Article 78(3) of the Treaty. Such measures may include, where appropriate, a suspension of the obligations of that Member State provided for in this Decision.

(17)

The measures foreseen in this Decision entail a temporary derogation from the criterion laid down in Article 13(1) of Regulation (EU) No 604/2013 of the European Parliament and of the Council  (1) and the procedural steps, including the time limits, laid down in Articles 21, 22 and 29 of that Regulation.

(17)

The measures foreseen in this Decision entail a temporary derogation from the criterion laid down in Article 13(1) of Regulation (EU) No 604/2013 and the procedural steps, including the time limits, laid down in Articles 21, 22 and 29 of that Regulation. Relocation measures should not prevent Member States from making full use of Regulation (EU) No 604/2013, including a proactive and efficient use of all criteria, such as family reunification, special protection of unaccompanied minors, and the discretionary clause on humanitarian grounds.

(18)

A choice had to be made in respect of the criteria to be applied when deciding which and how many applicants are to be relocated from Italy and Greece. A clear and workable system is envisaged based on a threshold of the average rate at Union level of decisions granting international protection in the procedures at first instance as defined by Eurostat out of the total number at Union level of decisions on asylum applications for international protection taken at first instance, based on the latest available statistics. On the one hand, this threshold would have to ensure, to the maximum extent possible, that all applicants who are most likely in need of international protection would be in a position to fully and swiftly enjoy their protection rights in the Member State of relocation. On the other hand, it would prevent, to the maximum extent possible, applicants who are likely to receive a negative decision to their application from being relocated to another Member State and therefore prolong unduly their stay in the Union. Based on Eurostat data for 2014 first instance decisions, a threshold of 75 %, which corresponds in that year to decisions on applications for Syrians and Eritreans, should be used in this Decision.

(18)

A choice had to be made in respect of the criteria to be applied when deciding which and how many applicants are to be relocated from Italy and Greece. A clear and workable system is envisaged based on a threshold of the average rate at Union level of decisions granting international protection in the procedures at first instance as defined by Eurostat out of the total number at Union level of decisions on asylum applications for international protection taken at first instance, based on the latest available statistics. On the one hand, this threshold would have to ensure, to the maximum extent possible, that all applicants who are most likely in need of international protection would be in a position to fully and swiftly enjoy their protection rights in the Member State of relocation. On the other hand, it would prevent, to the maximum extent possible, applicants who are likely to receive a negative decision to their application from being relocated to another Member State and therefore prolong unduly their stay in the Union. Based on Eurostat data for 2014 first instance decisions, a threshold of 75 %, which corresponds in that year to decisions on applications for Syrians and Eritreans, should be used in this Decision. In order to take into account the changing nature of migratory flows, the targeted group of beneficiaries for relocation should be assessed on a quarterly basis.

(19)

The provisional measures are intended to relieve the significant asylum pressure from Italy and Greece, in particular by relocating an important number of applicants in clear need of international protection who have arrived in the territory of Italy and Greece following the date on which this Decision becomes applicable. Based on the overall number of third-country nationals who have entered irregularly Italy and Greece in 2014 and the number of those who are in clear need of international protection, a total of 40 000 applicants in clear need of international protection should be relocated from Italy and Greece. This number corresponds to approximately 40 % of the total number of third country nationals in clear need of international protection who have entered irregularly in Italy and Greece in 2014. Thus, the relocation measure proposed in this Decision constitutes fair burden sharing between Italy and Greece on the one hand and the other Member States on the other hand. Based on the same overall available figures in 2014 and in the first four months of 2015 in Italy compared to Greece, 60 % of these applicants should be relocated from Italy and 40 % from Greece.

(19)

The provisional emergency measures are intended to set up a fair and equitable relocation mechanism, to relieve the significant asylum pressure from Italy and Greece, in particular by relocating an important number of applicants in clear need of international protection who have arrived in the territory of Italy and Greece following the date on which this Decision becomes applicable. Based on the overall number of third-country nationals who have entered irregularly Italy and Greece in 2014 and the number of those who are in clear need of international protection, a total of 40 000 applicants in clear need of international protection should be relocated from Italy and Greece. This number corresponds to approximately 40 % of the total number of third country nationals in clear need of international protection who have entered irregularly in Italy and Greece in 2014. Thus, the relocation measure proposed in this Decision constitutes fair sharing of responsibility between Italy and Greece on the one hand and the other Member States on the other hand. Based on the same overall available figures in 2014 and in the first four months of 2015 in Italy compared to Greece, 60 % of these applicants should be relocated from Italy and 40 % from Greece. Within six months after the date of entry into force of this Decision, the Commission should evaluate the share of persons to be relocated from Italy and Greece, based on latest available data, with a view to adapting it to changing refugee flows. The emergency relocation mechanism is not a solution to the long-term challenge of asylum pressure on the external borders of the Union, but, rather, a test case with a view to the upcoming legislative proposal on a permanent emergency relocation scheme based on Article 78(2) of the Treaty and is therefore initially restricted to a total of 40 000 applicants. However, a further increase of relocation places should be considered, if necessary, to adapt to rapidly changing refugee flows and trends in the course of the application of this Decision. Any proposal for a permanent emergency relocation mechanism must be based on a more substantial contribution to solidarity and responsibility-sharing among Member States, including a significant increase in the number of available relocation places to adapt to rapidly changing migratory flows and trends. It should be built on clearly defined criteria, including on sudden inflow of nationals of third countries and exceptional asylum pressure, allowing for its triggering on the basis of transparent and objective indicators.

(20a)

When drafting the permanent mechanism for relocation under Article 78(2) of the Treaty, the Commission should include the territory of a Member State as a criterion for determining the distribution key of migrants.

(21)

The Asylum, Migration and Integration Fund (AMIF) set up by Regulation (EU) No 516/2014 of the European Parliament and of the Council (1) provides support to burden-sharing operations agreed between Member States and is open to new policy developments in that field. Article 7(2) of Regulation (EU) No 516/2014 foresees the possibility for Member States to implement actions related to the transfer of applicants for international protection as part of their national programmes, while Article 18 of Regulation (EU) No 516/2014 foresees the possibility of a lump sum of EUR 6 000 for the transfer of beneficiaries of international protection from another Member State.

(21)

The Asylum, Migration and Integration Fund (AMIF) set up by Regulation (EU) No 516/2014 of the European Parliament and of the Council (1) provides support to the fair sharing of responsibility operations agreed between Member States and is open to new policy developments in that field. Article 7(2) of Regulation (EU) No 516/2014 foresees the possibility for Member States to implement actions related to the transfer of applicants for international protection as part of their national programmes, while Article 18 of Regulation (EU) No 516/2014 foresees the possibility of a lump sum of EUR 6 000 for the transfer of beneficiaries of international protection from another Member State

(21a)

The Commission should control the spending of the sum of EUR 6 000 for the relocation of each applicant.

(25)

When deciding which applicants in clear need of international protection should be relocated from Italy and Greece, priority should be given to vulnerable applicants within the meaning of Article 22 of Directive 2013/33/EU of the European Parliament and of the Council (10). In this respect, special needs of applicants, including health, should be of primary concern. The best interests of the child should always be a primary consideration.

(25)

When deciding which applicants in clear need of international protection should be relocated from Italy and Greece, priority should be given to vulnerable applicants , — and among those, special attention should be given to unaccompanied minors - within the meaning of Articles 21 and 22 of Directive 2013/33/EU of the European Parliament and of the Council (10). In order to take into account the specific situation of vulnerable persons, Member States are required under Directive 2013/33/EU and Directive 2013/32/EU of the European Parliament and of the Council  (1 bis) to conduct an individual evaluation of the vulnerabilities of individuals in terms of their special reception and procedural needs. Therefore, Member States must take active steps to assess the individual needs of asylum seekers and cannot rely solely on their self-identification to effectively guarantee their rights under Union law. In this respect, special needs of applicants, including health, should be of primary concern. The best interests of the child should always be a primary consideration in all procedures put in place following this Decision and the key principles established in judgment of the Court of Justice of 6 June 2013 in Case C-648/11  (1 ter) should never be put at stake .

(26)

In addition, in order to decide which specific Member State should be the Member State of relocation, specific account should be given to the specific qualifications of the applicants concerned which could facilitate their integration into the Member State of relocation, such as their language skills. In the case of particularly vulnerable applicants, consideration should be given to the capacity of the Member State of relocation to provide adequate support to those applicants.

(26)

In addition, in order to decide which specific Member State should be the Member State of relocation, specific account should be given to the preferences and specific qualifications of the applicants concerned which could facilitate their integration into the Member State of relocation, such as their language skills , family ties beyond the definition of family members in Regulation (EU) No 604/2013, social relations, cultural ties, previous stay in a Member State, previous study and previous work experience with a company or an organisation of a specific Member State as well as specific qualifications that could be relevant for the integration of applicants into the labour market of the Member State of relocation. Member States should therefore facilitate the effective recognition of diplomas, qualifications and skills of applicants. In addition, Member States may inform applicants of their labour market opportunities . In the case of particularly vulnerable applicants, consideration should be given to the capacity of the Member State of relocation to provide adequate support to those applicants. While applicants do not have a right to choose the Member State of their relocation, their needs, preferences and specific qualification should be taken into account to the extent possible.

(26a)

Based on the lessons learned from the pilot project on relocation from Malta (EUREMA), expectations and preferences should be taken into account to the extent possible. As an initial step, applicants should be given the opportunity to express their preferences. They should rank Member States by order of preference and support their preferences by elements such as family ties, social ties and cultural ties such as language skills, previous stay, previous studies and previous work experience. This should take place in the course of the initial processing. As a second step, the respective Member States should be informed about the applicants’ preferences. They should then be given the opportunity to indicate their preferences for applicants among those applicants who had expressed their preference for the Member State concerned. Member States should support their preferences by aspects such as family, social and cultural ties. Liaison officers appointed by Member States could facilitate the procedure by conducting interviews with the respective applicants. Applicants should also have the opportunity to consult other actors such as non-governmental organisations, the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM). Finally, Italy and Greece, with the assistance of EASO, should take a decision to relocate each of the applicants to a specific Member State by taking the preferences into account to the extent possible. The UNHCR should be consulted on their best practices developed in resettlement including on the management of preferences and specific qualifications.

(26b)

The principle of non-discrimination laid down in Article 10 of the Treaty should be fully respected during the whole relocation procedure. Discrimination on grounds of sex, age, ethnicity, disabilities and religion is a clear infringement of the Treaty.

(28)

The legal and procedural safeguards set out in Regulation (EU) No 604/2013 remain applicable in respect of applicants covered by this Decision. In addition, applicants should be informed of the relocation procedure set out in this Decision and notified with the relocation decision. Considering that an applicant does not have the right under EU law to choose the Member State responsible for his/her application, the applicant, should have the right to an effective remedy against the relocation decision in line with Regulation (EU) No 604/2013 , only in view of ensuring respect of his/her fundamental rights .

(28)

The legal and procedural safeguards set out in Regulation (EU) No 604/2013 remain applicable in respect of applicants covered by this Decision. In addition, applicants should be informed of the relocation procedure set out in this Decision and notified with the relocation decision. The applicant should have the right to an effective remedy against the relocation decision in line with Regulation (EU) No 604/2013 and Article 47 of the Charter of Fundamental Rights of the European Union .

(30)

Measures should be taken in order to avoid secondary movements of relocated persons from the Member State of relocation to other Member States. In particular , applicants should be informed of the consequences of onward movement within the Member States and of the fact that, if the Member State of relocation grants them international protection, in principle, they are only entitled to the rights attached to international protection in that Member State.

(30)

Measures should be taken in order to avoid secondary movements of relocated persons from the Member State of relocation to other Member States. Taking the preferences of applicants, including family ties beyond the provisions regarding family in Regulation (EU) No 604/2013, social and cultural ties, as much as possible into account is a straightforward measure for applicants to develop a sense of belonging to the Member State of relocation. Applicants should be provided with all necessary information, in a language they understand or are reasonably supposed to understand, about their destination and, where their preference cannot be fully taken into account, of the reasons for this. To further avoid secondary movements, applicants should be informed of the consequences of onward movement within the Member States as provided for in Article 4 of Regulation (EU) No 604/2013 and of the fact that, if the Member State of relocation grants them international protection, in principle, they are only entitled to the rights attached to international protection in that Member State.

(30a)

Consent of applicants or beneficiaries of international protection to relocation is an established principle in Union secondary law, enshrined in Article 7(2) of Regulation (EU) No 516/2014 and, by analogy, in Article 5 of Regulation (EU) No 439/2010 of the European Parliament and of the Council  (1 bis) and in Article 17(2) of Regulation (EU) No 604/2013, whereas on the basis of Article 78(3) of the Treaty, derogations from Union law are possible under very restricted conditions. The effective implementation of the emergency relocation mechanism needs to be ensured, whereas consent is of particular importance to prevent secondary movement and should therefore, in principle, be required before relocation. Where a person does not consent, he or she should not, in principle, be relocated, but another person should be offered that opportunity.

(b)

‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a final decision has not yet been taken;

(b)

‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a final decision has not yet been taken as referred to point (i) of Article 2 of Directive 2011/95/EU ;

(d)

‘family members’ means family members as defined in point (g) of Article 2 of Regulation (EU) No 604/2013 of the European Parliament and of the Council ;

(d)

‘close relatives’ means the spouse, children, parents, persons exercising parental authority, grandparents and grandchildren ;

(fa)

‘preference’ means the preference expressed by an applicant for a certain Member State or the preference expressed by a Member State for a certain applicant supported by elements such as family ties beyond the definition of family members as defined in point (g) of Article 2 of Regulation (EU) No 604/2013, social ties such as ties to ethnic and cultural communities, and cultural ties to the preferred Member State such as language skills, former stay in a Member State or former study or work relations with companies or organisations of that Member State.

(b)

the initial processing of the applications;

(b)

the initial processing of the applications , including the identification of vulnerabilities and preferences, for the purpose of identifying potential applicants for relocation and the screening of applicants, including their clear identification, fingerprinting and registration of the applications for international protection ;

(d)

the implementation of the transfer of the applicants to the Member State of relocation.

(d)

the implementation of the transfer of the applicants to the Member State of relocation. The transfer costs to the Member State of relocation should not be an additional burden to Greece and Italy .

1 –

—

Identification of persons for which another Member State is (or should be) responsible under the Dublin Regulation

—

Identification of vulnerable applicants

—

Identification of close relatives for joint relocation

—

Identification of the preferences of applicants for certain Member States

2 –

—

Italy/Greece determine the applicants to be relocated.

—

They inform Member States of the number of places needed as well as of the preferences of the applicants

3 –

—

Member States inform Italy/Greece of the number of available relocation places

—

Liaison officers can conduct interviews with applicants who expressed a preference for their Member State

—

Member States indicate their preferences for applicants

4 –

—

Italy/Greece decide which applicant is to be relocated to which Member State by taking the preferences of applicants and Member States into account

5 –

—

Applicants are informed comprehensively about their Member State of relocation

—

In principle, applicants give their consent to be relocated to that Member State

6 –