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Tracking the Pact: Council of the EU seeks progress with the Qualification Regulation

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13 December 2022

The Council of the EU is calling upon member state representatives in COREPER to approve a mandate for negotiations with the European Parliament on the Qualification Regulation, which sets out the standards that must be met for an individual to receive formal refugee or subsidiary protection status. The text is based on a provisional agreement reached by the Council and Parliament in 2018, that was not approved by COREPER at the time.

The attempt to move ahead with discussions on the Qualification Regulation comes in the context of a joint Council-Parliament "roadmap" that aims to have all new migration and asylum legislation adopted by spring 2024.

The Czech Presidency of the Council notes in its introduction to the proposed negotiating mandate (pdf):

"9. Further to the discussions at SCIFA, the Presidency suggests that the future procedural steps by COREPER preparing the adoption of the Qualification Regulation will be taken in the context of an overall assessment on a progress in negotiations on all the files under the asylum and migration reform, including the files related to solidarity and responsibility, including the Eurodac and/or Screening Regulation. COREPER will however have the possibility to reassess the above in the future.

10. On this basis, COREPER is invited to amend the mandate on the Qualification Regulation so that is based on the 2018 provisional agreement, as set out in Annex to this note, with the understanding that the procedural steps by COREPER preparing the adoption of the regulation will be decided in the context of the overall assessment, referred to in para 9 of this note."

Documentation

• Proposal for a Regulation of the European Parliament and of the Council on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted and amending Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (First reading) - Mandate for negotiations with the European Parliament (Council doc. 15619/22, LIMITE, 6 December 2022, pdf)