27 November 2018
International protection, Resettlement, Reception and Return
Four key measures of the proposed new Common European Asylum System (CEAS) which are currently going nowhere fast.
• International protection: Regulation on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection: State of play and guidance for further work (LIMITE doc no: 14355-REV-1-18, dated 20 November 2018, pdf):
"The text of the provisional agreement with the European Parliament was presented to COREPER on 19 June 2018 for approval but did not obtain sufficient approval from Member States. Certain Member States expressed concerns regarding the substance of the text that had been negotiated with the European Parliament."
The Council Presidency held series of bilateral meetings with certain Member States and "limited changes" were agreed by JHA Counsellors on 16 July but were rejected by the European Parliament who held to the provisional agreement reached in trilogue in June. Within the Council four areas are being re-considered.
See also: Previous version (LIMITE doc no:14355-18, pdf).
• Resettlement: Resettlement Framework and amending Regulation (EU) No 516/2014 (First reading) - State of play and guidance for further work(LIMITE doc no: 14353-18, 19 November, 2018, pdf)
One of the problematic issues for some Members States is the reference to"integration projects". Again the parliament wants to stick to the agreement reached in June.
• Reception: Proposal for a Directive laying down standards for the reception of applicants for international protection (recast) - State of play and guidance for further work(LIMITE doc no:14354-18, 19 November 2018, pdf)
The same story as above affects this proposal. Agreement was reached between the Council and the parliament in June 2018 but then some Member States in the Council wanted unacceptable changes.
• Returns: Proposal for a Directive on common standards and procedures in Member States for returning illegally
staying third-country nationals (recast): revised Presidency compromise proposal on Articles 6, 7, 8, 9, 10, 13, 14, 16 and 18 (LIMITE doc no: 14349-18 , pdf)
Includes 54 Footnotes on Member State positions, many referring the an obligations to comply:
"One delegation proposed the following amendment:". Member States shall impose on third-country nationals the obligation to cooperate with the competent authorities of the Member States at all stages of the return procedures if it is necessary and required for this purpose and also reasonable for the third-country national."
"One delegation proposed the following amendment: "Member States shall inform the third country nationals about their obligations and the consequences of not complying with the obligation referred to in paragraph 1, including the penalties under national law provided for by Member States, consistent with the rule of law principles, notably in cases of obstruction of the return process or infraction to an entry ban."
And: "Another delegation proposed the following amendment: "Member States shall inform the third-country nationals about the obligations to cooperate and the consequences of not complying with the obligation referred to in paragraph 1."
Common European Asylum System (CEAS): Asylum procedures at the border a sticking point for Member States (Statewatch News Online)
Reform of the Common European Asylum System (CEAS) is in a mess - disagreement amongst Member States blocking adoption (Statewatch News Online)
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