# Official Journal L 317/2020

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 317 |
| | |
| English edition | Legislation | Volume 631 October 2020 |

ISSN 1977-0677

Official Journal

of the European Union

L 317

English edition

Legislation

Volume 631 October 2020

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2020/1361 of 30 September 2020 amending Implementing Regulation (EU) 2018/2019 as regards certain plants for planting of Malus domestica, originating in Serbia and certain plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi, originating in New Zealand | 1 |
| | * | Commission Implementing Regulation (EU) 2020/1362 of 30 September 2020 amending Implementing Regulation (EU) 2020/1213 concerning the phytosanitary measures for the introduction into the Union of certain plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi, originating in New Zealand | 5 |
| | * | Commission Implementing Regulation (EU) 2020/1363 of 30 September 2020 concerning the authorisation of the preparation of Bacillus amyloliquefaciens DSM 25840 as a feed additive for all porcine species (holder of authorisation Chr. Hansen A/S) (
  1
  ) | 10 |
| | | RECOMMENDATIONS |
| | * | Commission Recommendation (EU) 2020/1364 of 23 September 2020 on legal pathways to protection in the EU: promoting resettlement, humanitarian admission and other complementary pathways | 13 |
| | * | Commission Recommendation (EU) 2020/1365 of 23 September 2020 on cooperation among Member States concerning operations carried out by vessels owned or operated by private entities for the purpose of search and rescue activities | 23 |
| | * | Commission Recommendation (EU) 2020/1366 of 23 September 2020 on an EU mechanism for preparedness and management of crises related to migration | 26 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2020/1361 of 30 September 2020 amending Implementing Regulation (EU) 2018/2019 as regards certain plants for planting of Malus domestica, originating in Serbia and certain plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi, originating in New Zealand

Malus domestica

Acer japonicum

, Acer palmatum

and Acer shirasawanum

1

*

Commission Implementing Regulation (EU) 2020/1362 of 30 September 2020 amending Implementing Regulation (EU) 2020/1213 concerning the phytosanitary measures for the introduction into the Union of certain plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi, originating in New Zealand

Acer japonicum

Acer palmatum

Acer shirasawanum

5

*

Commission Implementing Regulation (EU) 2020/1363 of 30 September 2020 concerning the authorisation of the preparation of Bacillus amyloliquefaciens DSM 25840 as a feed additive for all porcine species (holder of authorisation Chr. Hansen A/S) (
  1
  )

Bacillus amyloliquefaciens

1

10

RECOMMENDATIONS

*

Commission Recommendation (EU) 2020/1364 of 23 September 2020 on legal pathways to protection in the EU: promoting resettlement, humanitarian admission and other complementary pathways

13

*

Commission Recommendation (EU) 2020/1365 of 23 September 2020 on cooperation among Member States concerning operations carried out by vessels owned or operated by private entities for the purpose of search and rescue activities

23

*

Commission Recommendation (EU) 2020/1366 of 23 September 2020 on an EU mechanism for preparedness and management of crises related to migration

26

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| --- | --- |
| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

REGULATIONS

| 1.10.2020 | EN | Official Journal of the European Union | L 317/1 |
| --- | --- | --- | --- |

1.10.2020

EN

Official Journal of the European Union

L 317/1

---

COMMISSION IMPLEMENTING REGULATION (EU) 2020/1361

of 30 September 2020

amending Implementing Regulation (EU) 2018/2019 as regards certain plants for planting of Malus domestica, originating in Serbia and certain plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi, originating in New Zealand

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (1), and in particular the first and third subparagraphs of Article 42(4) thereof,

Whereas:

| (1) | Commission Implementing Regulation (EU) 2018/2019 (2) establishes, on the basis of a preliminary risk assessment, a list of high risk plants, plant products and other objects. |
| --- | --- |

(1)

Commission Implementing Regulation (EU) 2018/2019 (2) establishes, on the basis of a preliminary risk assessment, a list of high risk plants, plant products and other objects.

| (2) | Commission Implementing Regulation (EU) 2018/2018 (3) lays down specific rules concerning the procedure to be followed in order to carry out the risk assessment referred to in Article 42(4) of Regulation (EU) 2016/2031 for those high risk plants, plant products and other objects. |
| --- | --- |

(2)

Commission Implementing Regulation (EU) 2018/2018 (3) lays down specific rules concerning the procedure to be followed in order to carry out the risk assessment referred to in Article 42(4) of Regulation (EU) 2016/2031 for those high risk plants, plant products and other objects.

| (3) | Following a preliminary risk assessment, 35 plants for planting originating from all third countries were included in the Annex to Implementing Regulation (EU) 2018/2019 as high risk plants, amongst which are the genera Malus Mill. and Acer L. |
| --- | --- |

(3)

Following a preliminary risk assessment, 35 plants for planting originating from all third countries were included in the Annex to Implementing Regulation (EU) 2018/2019 as high risk plants, amongst which are the genera Malus Mill. and Acer L.

| (4) | On 31 July 2019, Serbia submitted to the Commission a request for export to the Union of one- to two-year old bare rooted, dormant, grafted plants for planting belonging to the species Malus domestica. That request was supported by the respective technical dossier. |
| --- | --- |

(4)

On 31 July 2019, Serbia submitted to the Commission a request for export to the Union of one- to two-year old bare rooted, dormant, grafted plants for planting belonging to the species Malus domestica. That request was supported by the respective technical dossier.

| (5) | On 13 May 2020, the European Food Safety Authority (‘the Authority’) published a scientific opinion regarding the commodity risk assessment of Malus domestica plants for planting from Serbia (4). The Authority identified Erwinia amylovora as a pest relevant for those plants for planting, evaluated the risk mitigation measures described in the dossier for that pest and estimated its likelihood of pest freedom. |
| --- | --- |

(5)

On 13 May 2020, the European Food Safety Authority (‘the Authority’) published a scientific opinion regarding the commodity risk assessment of Malus domestica plants for planting from Serbia (4). The Authority identified Erwinia amylovora as a pest relevant for those plants for planting, evaluated the risk mitigation measures described in the dossier for that pest and estimated its likelihood of pest freedom.

| (6) | On the basis of this opinion, the phytosanitary risk from introduction into the Union of one- to two-year old bare rooted, dormant, grafted plants for planting belonging to the species Malus domestica, originating in Serbia is considered to be reduced to an acceptable level, provided that appropriate mitigation measures are applied to address the risk of the pest related to those plants for planting. As such appropriate measures are provided for in point 9 of Annex X to Commission Implementing Regulation (EU) 2019/2072 (5) those plants for planting should no longer be considered high risk plants, and should be removed from the Annex to Implementing Regulation (EU) 2018/2019. |
| --- | --- |

(6)

On the basis of this opinion, the phytosanitary risk from introduction into the Union of one- to two-year old bare rooted, dormant, grafted plants for planting belonging to the species Malus domestica, originating in Serbia is considered to be reduced to an acceptable level, provided that appropriate mitigation measures are applied to address the risk of the pest related to those plants for planting. As such appropriate measures are provided for in point 9 of Annex X to Commission Implementing Regulation (EU) 2019/2072 (5) those plants for planting should no longer be considered high risk plants, and should be removed from the Annex to Implementing Regulation (EU) 2018/2019.

| (7) | On 29 August 2019, New Zealand submitted to the Commission a request for export to the Union of one- to three-year-old bare rooted, dormant, free of leaves, grafted or budded plants for planting belonging to the species Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi. That request was supported by the respective technical dossier. |
| --- | --- |

(7)

On 29 August 2019, New Zealand submitted to the Commission a request for export to the Union of one- to three-year-old bare rooted, dormant, free of leaves, grafted or budded plants for planting belonging to the species Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi. That request was supported by the respective technical dossier.

| (8) | On 20 May 2020, the Authority published a scientific opinion regarding the commodity risk assessment of Acer spp. plants for planting from New Zealand (6). The Authority identified Eotetranychus sexmaculatus, Meloidogyne
  fallax, Oemona hirta and Platypus apicalis as pests relevant for those plants for planting, evaluated the risk mitigation measures described in the dossier for those pests and estimated the likelihood of pest freedom for each pest related to those commodities. |
| --- | --- |

(8)

On 20 May 2020, the Authority published a scientific opinion regarding the commodity risk assessment of Acer spp. plants for planting from New Zealand (6). The Authority identified Eotetranychus sexmaculatus, Meloidogyne
  fallax, Oemona hirta and Platypus apicalis as pests relevant for those plants for planting, evaluated the risk mitigation measures described in the dossier for those pests and estimated the likelihood of pest freedom for each pest related to those commodities.

| (9) | On the basis of this opinion, the phytosanitary risk from introduction into the Union of one-to three-year-old bare rooted, dormant, free of leaves, grafted or budded plants for planting belonging to the species Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi, originating in New Zealand is considered to be reduced to an acceptable level, provided that appropriate mitigation measures are applied to address the risk of pests related to those plants for planting. As such appropriate measures are provided for by Commission Implementing Regulation (EU) 2020/1362 (7), those plants for planting should no longer be considered high risk plants, and should be removed from the Annex to Implementing Regulation (EU) 2018/2019. |
| --- | --- |

(9)

On the basis of this opinion, the phytosanitary risk from introduction into the Union of one-to three-year-old bare rooted, dormant, free of leaves, grafted or budded plants for planting belonging to the species Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi, originating in New Zealand is considered to be reduced to an acceptable level, provided that appropriate mitigation measures are applied to address the risk of pests related to those plants for planting. As such appropriate measures are provided for by Commission Implementing Regulation (EU) 2020/1362 (7), those plants for planting should no longer be considered high risk plants, and should be removed from the Annex to Implementing Regulation (EU) 2018/2019.

| (10) | In order to comply with the Union obligations deriving from the World Trade Organization agreement on the application of sanitary and phytosanitary measures (8), the import of those commodities should resume within the shortest possible delay. Therefore, this Regulation should enter into force on the third day following that of its publication. |
| --- | --- |

(10)

In order to comply with the Union obligations deriving from the World Trade Organization agreement on the application of sanitary and phytosanitary measures (8), the import of those commodities should resume within the shortest possible delay. Therefore, this Regulation should enter into force on the third day following that of its publication.

| (11) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for Plants, Animals, Food and Feed, |
| --- | --- |

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

Amendment of Implementing Regulation (EU) 2018/2019

The Annex to Implementing Regulation (EU) 2018/2019 is amended in accordance with the Annex to this Regulation.

Article 2

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 September 2020.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 317, 23.11.2016, p. 4.

1

(2)  Commission Implementing Regulation (EU) 2018/2019 of 18 December 2018 establishing a provisional list of high risk plants, plant products or other objects, within the meaning of Article 42 of Regulation (EU) 2016/2031 and a list of plants for which phytosanitary certificates are not required for introduction into the Union, within the meaning of Article 73 of that Regulation (OJ L 323, 19.12.2018, p. 10).

2

(3)  Commission Implementing Regulation (EU) 2018/2018 of 18 December 2018 laying down specific rules concerning the procedure to be followed in order to carry out the risk assessment of high risk plants, plant products and other objects within the meaning of Article 42(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council (OJ L 323, 19.12.2018, p. 7).

3

(4)  EFSA PLH Panel (EFSA Panel on Plant Health), 2020. Scientific Opinion on the commodity risk assessment of Malus domestica plants from Serbia. EFSA Journal 2020;18(5):6109, 53 pp. https://doi.org/10.2903/j.efsa.2020.6109.

4

Malus domestica

(5)  Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 (OJ L 319, 10.12.2019, p. 1).

5

(6)  EFSA PLH Panel (EFSA Panel on Plant Health), 2020. Scientific Opinion on the commodity risk assessment of Acer spp. plants from New Zealand. EFSA Journal 2020; 18(5): 6105. https://doi.org/10.2903/j.efsa.2020.6105.

6

(7)  Commission Implementing Regulation (EU) 2020/1362 of 30 September 2020 amending Implementing Regulation (EU) 2020/1213 concerning the phytosanitary measures for the introduction into the Union of certain plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi, originating in New Zealand (see page 5 of this Official Journal).

7

Acer japonicum

Acer palmatum

Acer shirasawanum

(8)  The World Trade Organization Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), https://www.wto.org/english/tratop_e/sps_e/spsagr_e.htm.

8

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ANNEX

In point 1 of the Annex to Commission Implementing Regulation (EU) 2018/2019, the second column ‘Description’ is amended as follows:

| (a) | the entry for ‘Malus Mill.’ is replaced by the following:

  ‘
  Malus Mill., other than one- to two-year old bare rooted, dormant, grafted plants for planting of Malus domestica originating in Serbia’; |
| --- | --- |

(a)

the entry for ‘Malus Mill.’ is replaced by the following:

‘
  Malus Mill., other than one- to two-year old bare rooted, dormant, grafted plants for planting of Malus domestica originating in Serbia’;

| (b) | the entry for ‘Acer L.’ is replaced by the following:

  ‘
  Acer L., other than one- to three-year old bare rooted, dormant, free of leaves, grafted or budded plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg, and Acer shirasawanum Koidzumi, originating in New Zealand’. |
| --- | --- |

(b)

the entry for ‘Acer L.’ is replaced by the following:

‘
  Acer L., other than one- to three-year old bare rooted, dormant, free of leaves, grafted or budded plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg, and Acer shirasawanum Koidzumi, originating in New Zealand’.

---

| 1.10.2020 | EN | Official Journal of the European Union | L 317/5 |
| --- | --- | --- | --- |

1.10.2020

EN

Official Journal of the European Union

L 317/5

---

COMMISSION IMPLEMENTING REGULATION (EU) 2020/1362

of 30 September 2020

amending Implementing Regulation (EU) 2020/1213 concerning the phytosanitary measures for the introduction into the Union of certain plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi, originating in New Zealand

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (1), and in particular the third subparagraph of Article 42(4) thereof,

Whereas:

| (1) | Commission Implementing Regulation (EU) 2018/2019 (2) established, on the basis of a preliminary risk assessment, a list of high risk plants, plant products and other objects. |
| --- | --- |

(1)

Commission Implementing Regulation (EU) 2018/2019 (2) established, on the basis of a preliminary risk assessment, a list of high risk plants, plant products and other objects.

| (2) | In accordance with Regulation (EU) 2016/2031, if it is concluded, on the basis of a risk assessment, that a plant, plant product or other object originating in a third country, group of third countries or a specific area of the third country concerned poses an unacceptable pest risk, but that that risk can be reduced to an acceptable level by applying certain measures, the Commission is to remove that plant, plant product or other object from the list established by Implementing Regulation (EU) 2018/2019 and add it to the list referred to in Article 41(2) of Regulation (EU) 2016/2031. |
| --- | --- |

(2)

In accordance with Regulation (EU) 2016/2031, if it is concluded, on the basis of a risk assessment, that a plant, plant product or other object originating in a third country, group of third countries or a specific area of the third country concerned poses an unacceptable pest risk, but that that risk can be reduced to an acceptable level by applying certain measures, the Commission is to remove that plant, plant product or other object from the list established by Implementing Regulation (EU) 2018/2019 and add it to the list referred to in Article 41(2) of Regulation (EU) 2016/2031.

| (3) | In addition, Commission Implementing Regulation (EU) 2020/1213 (3) sets out the phytosanitary measures for the introduction into the Union of certain plants, plant products and other objects, which have been removed from the Annex to Implementing Regulation (EU) 2018/2019. |
| --- | --- |

(3)

In addition, Commission Implementing Regulation (EU) 2020/1213 (3) sets out the phytosanitary measures for the introduction into the Union of certain plants, plant products and other objects, which have been removed from the Annex to Implementing Regulation (EU) 2018/2019.

| (4) | The Annex to Implementing Regulation (EU) 2018/2019 includes plants of the genus Acer L. as high risk plants. |
| --- | --- |

(4)

The Annex to Implementing Regulation (EU) 2018/2019 includes plants of the genus Acer L. as high risk plants.

| (5) | On 29 August 2019, New Zealand submitted to the Commission a request for export to the Union of one- to three- year-old bare rooted, dormant, free of leaves grafted or budded plants for planting belonging to the species Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi (‘the specified plants’). That request was supported by the respective technical dossier. |
| --- | --- |

(5)

On 29 August 2019, New Zealand submitted to the Commission a request for export to the Union of one- to three- year-old bare rooted, dormant, free of leaves grafted or budded plants for planting belonging to the species Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi (‘the specified plants’). That request was supported by the respective technical dossier.

| (6) | On 20 May 2020, the European Food Safety Authority (‘the Authority’) published a scientific opinion regarding the commodity risk assessment of Acer spp. plants from New Zealand (4). The Authority identified Eotetranychus sexmaculatus, Meloidogyne fallax, Oemona hirta and Platypus apicalis (‘the specified pests’) as pests relevant for the specified plants, evaluated the risk mitigation measures described in the dossier for those pests and estimated the likelihood of pest freedom for each pest related to that commodity. |
| --- | --- |

(6)

On 20 May 2020, the European Food Safety Authority (‘the Authority’) published a scientific opinion regarding the commodity risk assessment of Acer spp. plants from New Zealand (4). The Authority identified Eotetranychus sexmaculatus, Meloidogyne fallax, Oemona hirta and Platypus apicalis (‘the specified pests’) as pests relevant for the specified plants, evaluated the risk mitigation measures described in the dossier for those pests and estimated the likelihood of pest freedom for each pest related to that commodity.

| (7) | Following that opinion, Commission Implementing Regulation (EU) 2020/1361 (5) removed the specified plants from the list of high risk plants established by Implementing Regulation (EU) 2018/2019. |
| --- | --- |

(7)

Following that opinion, Commission Implementing Regulation (EU) 2020/1361 (5) removed the specified plants from the list of high risk plants established by Implementing Regulation (EU) 2018/2019.

| (8) | Moreover, and on the basis of that opinion, the necessary measures to address the risk of the specified pests can be adopted as phytosanitary import requirements, to ensure the phytosanitary protection of the Union territory from introduction of the specified plants into the Union. |
| --- | --- |

(8)

Moreover, and on the basis of that opinion, the necessary measures to address the risk of the specified pests can be adopted as phytosanitary import requirements, to ensure the phytosanitary protection of the Union territory from introduction of the specified plants into the Union.

| (9) | Concerning Oemona hirta and Platypus apicalis, the measures described by New Zealand in the dossier are considered sufficient to reduce the risk from introduction into the Union of the specified plants to an acceptable level. Therefore, the measures for those two pests should be based on those described by New Zealand in the dossier. |
| --- | --- |

(9)

Concerning Oemona hirta and Platypus apicalis, the measures described by New Zealand in the dossier are considered sufficient to reduce the risk from introduction into the Union of the specified plants to an acceptable level. Therefore, the measures for those two pests should be based on those described by New Zealand in the dossier.

| (10) | Concerning Meloidogyne fallax, the measures described by New Zealand in the dossier are in line with the existing requirements laid down in point 10 of Annex VII to Commission Implementing Regulation (EU) 2019/2072 (6) for nematodes, regarding trees and shrubs, intented for planting. |
| --- | --- |

(10)

Concerning Meloidogyne fallax, the measures described by New Zealand in the dossier are in line with the existing requirements laid down in point 10 of Annex VII to Commission Implementing Regulation (EU) 2019/2072 (6) for nematodes, regarding trees and shrubs, intented for planting.

| (11) | With regard to Eotetranychus sexmaculatus, it is considered that the sole application of the measures proposed by New Zealand in the dossier cannot reduce the risk from introduction into the Union of the specified plants to an acceptable level, as according to the opinion of the Authority, some uncertainties remain. Addressing the identified uncertainties, by applying additional measures as regards official statements and phytosanitary certificates for those plants, can reduce the risk from introduction into the Union of the specified plants to an acceptable level. Therefore, the measures applied by New Zealand in the dossier for Eotetranychus sexmaculatus should be complemented with those measures, which address the uncertainties. |
| --- | --- |

(11)

With regard to Eotetranychus sexmaculatus, it is considered that the sole application of the measures proposed by New Zealand in the dossier cannot reduce the risk from introduction into the Union of the specified plants to an acceptable level, as according to the opinion of the Authority, some uncertainties remain. Addressing the identified uncertainties, by applying additional measures as regards official statements and phytosanitary certificates for those plants, can reduce the risk from introduction into the Union of the specified plants to an acceptable level. Therefore, the measures applied by New Zealand in the dossier for Eotetranychus sexmaculatus should be complemented with those measures, which address the uncertainties.

| (12) | Oemona hirta and Meloidogyne fallax are listed as Union quarantine pests in Annex II to Implementing Regulation (EU) 2019/2072. Eotetranychus sexmaculatus and Platypus apicalis are not yet included in the list of Union quarantine pests of Implementing Regulation (EU) 2019/2072 but they may fulfil the conditions to be included following a further complete risk assessment. If it is established that those pests fulfil those conditions, they will be included in the list of Annex II to Implementing Regulation (EU) 2019/2072, and the relevant plants will be listed in Annex VII to that Regulation, together with the respective measures, based on a complete risk assessment on those pests. Implementing Regulation (EU) 2019/2072 should be then reviewed accordingly. |
| --- | --- |

(12)

Oemona hirta and Meloidogyne fallax are listed as Union quarantine pests in Annex II to Implementing Regulation (EU) 2019/2072. Eotetranychus sexmaculatus and Platypus apicalis are not yet included in the list of Union quarantine pests of Implementing Regulation (EU) 2019/2072 but they may fulfil the conditions to be included following a further complete risk assessment. If it is established that those pests fulfil those conditions, they will be included in the list of Annex II to Implementing Regulation (EU) 2019/2072, and the relevant plants will be listed in Annex VII to that Regulation, together with the respective measures, based on a complete risk assessment on those pests. Implementing Regulation (EU) 2019/2072 should be then reviewed accordingly.

| (13) | The Annex to Implementing Regulation (EU) 2020/1213 should therefore be amended accordingly. |
| --- | --- |

(13)

The Annex to Implementing Regulation (EU) 2020/1213 should therefore be amended accordingly.

| (14) | In order to comply with the Union obligations deriving from the World Trade Organization agreement on the application of sanitary and phytosanitary measures (7), the import of the specified plants should resume within the shortest possible delay. Therefore, this Regulation should enter into force on the third day following that of its publication. |
| --- | --- |

(14)

In order to comply with the Union obligations deriving from the World Trade Organization agreement on the application of sanitary and phytosanitary measures (7), the import of the specified plants should resume within the shortest possible delay. Therefore, this Regulation should enter into force on the third day following that of its publication.

| (15) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for Plants, Animals, Food and Feed, |
| --- | --- |

(15)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation sets out phytosanitary measures for the introduction into the Union of certain plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi, originating in New Zealand.

Acer japonicum

Acer palmatum

Acer shirasawanum

Article 2

Amendment of Implementing Regulation (EU) 2020/1213

The Annex to Implementing Regulation (EU) 2020/1213 is amended in accordance with the Annex to this Regulation.

Article 3

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 September 2020.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 317, 23.11.2016, p. 4.

1

(2)  Commission Implementing Regulation (EU) 2018/2019 of 18 December 2018 establishing a provisional list of high risk plants, plant products or other objects, within the meaning of Article 42 of Regulation (EU) 2016/2031 and a list of plants for which phytosanitary certificates are not required for introduction into the Union, within the meaning of Article 73 of that Regulation (OJ L 323, 19.12.2018, p. 10).

2

(3)  Commission Implementing Regulation (EU) 2020/1213 of 21 August 2020 concerning the phytosanitary measures for the introduction into the Union of certain plants, plant products and other objects which have been removed from the Annex to Implementing Regulation (EU) 2018/2019 (OJ L 275, 24.8.2020, p. 5).

3

(4)  EFSA PLH Panel (EFSA Panel on Plant Health), 2020. Scientific Opinion on the commodity risk assessment of Acer spp. plants from New Zealand. EFSA Journal 2020; 18(5): 6105. https://doi.org/10.2903/j.efsa.2020.6105.

4

(5)  Commission Implementing Regulation (EU) 2020/1361 of 30 September 2020 amending Implementing Regulation (EU) 2018/2019 as regards certain plants for planting of Malus domestica, originating in Serbia and certain plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi, originating in New Zealand (see page 1 of this Official Journal).

5

Malus domestica

Acer japonicum

Acer palmatum

Acer shirasawanum

(6)  Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 (OJ L 319, 10.12.2019, p. 1).

6

(7)  The World Trade Organization Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), https://www.wto.org/english/tratop_e/sps_e/spsagr_e.htm.

7

---

ANNEX

In the Annex to Implementing Regulation (EU) 2020/1213, the following points are added:

| ‘Plants, plant products or other objects | CN Code | Third countries of origin | Measures |
| --- | --- | --- | --- |
| 4. | Bare rooted, dormant, free of leaves, grafted or budded, one- to three- year old plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi |

‘Plants, plant products or other objects

CN Code

Third countries of origin

Measures

4.

Bare rooted, dormant, free of leaves, grafted or budded, one- to three- year old plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi

ex 0602 90 41

ex 0602 90 45

ex 0602 90 46

ex 0602 90 48

ex 0602 90 50

New Zealand

| (a) | Official statement that:






  (i) | the plants are free from Eotetranychus sexmaculatus; |
| --- | --- | --- |

(a)

Official statement that:

(i)

the plants are free from Eotetranychus sexmaculatus;

| (ii) | the plants have been grown throughout their life in a place of production, which, together with the sites of production that form part of it, is registered and supervised by the national plant protection organisation of the country of origin |
| --- | --- |

(ii)

the plants have been grown throughout their life in a place of production, which, together with the sites of production that form part of it, is registered and supervised by the national plant protection organisation of the country of origin

| (iii) | the site of production has been found free from Eotetranychus sexmaculatus during official inspections carried out at appropriate times, since the beginning of the complete production cycle; in case of suspicion of the presence of Eotetranychus sexmaculatus at the site of production, appropriate treatments have been carried out to ensure the absence of the pest; a surrounding zone of 100 m has been established, which is subject to specific surveys at appropriate times to detect Eotetranychus sexmaculatus and where the pest has been found on any host plants, those plants have been rogued out and destroyed immediately; |
| --- | --- |

(iii)

the site of production has been found free from Eotetranychus sexmaculatus during official inspections carried out at appropriate times, since the beginning of the complete production cycle; in case of suspicion of the presence of Eotetranychus sexmaculatus at the site of production, appropriate treatments have been carried out to ensure the absence of the pest; a surrounding zone of 100 m has been established, which is subject to specific surveys at appropriate times to detect Eotetranychus sexmaculatus and where the pest has been found on any host plants, those plants have been rogued out and destroyed immediately;

| (iv) | a system has been put in place to ensure that tools and machinery have been cleaned to be free from soil and plant debris and disinfected to be free from the Eotetranychus sexmaculatus, before they have been introduced into each site of production; |
| --- | --- |

(iv)

a system has been put in place to ensure that tools and machinery have been cleaned to be free from soil and plant debris and disinfected to be free from the Eotetranychus sexmaculatus, before they have been introduced into each site of production;

| (v) | at harvest, the plants have been cleaned and trimmed and the plants have undergone an official phytosanitary inspection, consisting at least of a detailed visual examination, in particular of stems and branches of the plants to confirm the absence of the Eotetranychus sexmaculatus; |
| --- | --- |

(v)

at harvest, the plants have been cleaned and trimmed and the plants have undergone an official phytosanitary inspection, consisting at least of a detailed visual examination, in particular of stems and branches of the plants to confirm the absence of the Eotetranychus sexmaculatus;

| (vi) | immediately prior to export, consignments of the plants have been subjected to an official inspection for the presence of Eotetranychus sexmaculatus, in particular of stems and branches of the plants, and the size of the sample for inspection has been such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; |
| --- | --- |

(vi)

immediately prior to export, consignments of the plants have been subjected to an official inspection for the presence of Eotetranychus sexmaculatus, in particular of stems and branches of the plants, and the size of the sample for inspection has been such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %;

| (b) | The phytosanitary certificates for those plants include under the heading ‘Additional Declaration’:






  (i) | the following statement: ‘The consignment complies with Commission Implementing Regulation (EU) 2020/1362’; |
| --- | --- | --- |

(b)

The phytosanitary certificates for those plants include under the heading ‘Additional Declaration’:

(i)

the following statement: ‘The consignment complies with Commission Implementing Regulation (EU) 2020/1362’;

| (ii) | the specification of the registered sites of production. |
| --- | --- |

(ii)

the specification of the registered sites of production.

| 5. | Bare rooted, dormant, free of leaves, grafted or budded one- to three- year old plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi |
| --- | --- |

5.

Bare rooted, dormant, free of leaves, grafted or budded one- to three- year old plants for planting of Acer japonicum Thunberg, Acer palmatum Thunberg and Acer shirasawanum Koidzumi

ex 0602 90 41

ex 0602 90 45

ex 0602 90 46

ex 0602 90 48

ex 0602 90 50

New Zealand

| (a) | Official statement that:






  (i) | the plants are free from Oemona hirta and Platypus apicalis; |
| --- | --- | --- |

(a)

Official statement that:

(i)

the plants are free from Oemona hirta and Platypus apicalis;

| (ii) | the plants have been grown throughout their life in a place of production, which, together with the sites of production that form part of it is registered and supervised by the national plant protection organisation of the country of origin; |
| --- | --- |

(ii)

the plants have been grown throughout their life in a place of production, which, together with the sites of production that form part of it is registered and supervised by the national plant protection organisation of the country of origin;

| (iii) | the site of production has been found free from Oemona hirta and Platypus apicalis during official inspections carried out at appropriate times, since the beginning of the complete production cycle; in case of suspicion of the presence of Oemona hirta or Platypus apicalis at the site of production, appropriate treatments have been carried out to ensure the absence of the pests; |
| --- | --- |

(iii)

the site of production has been found free from Oemona hirta and Platypus apicalis during official inspections carried out at appropriate times, since the beginning of the complete production cycle; in case of suspicion of the presence of Oemona hirta or Platypus apicalis at the site of production, appropriate treatments have been carried out to ensure the absence of the pests;

| (iv) | at harvest, the plants have been cleaned and have undergone an official inspection to confirm the absence of Oemona hirta and Platypus apicalis; |
| --- | --- |

(iv)

at harvest, the plants have been cleaned and have undergone an official inspection to confirm the absence of Oemona hirta and Platypus apicalis;

| (v) | immediately prior to export, consignments of the plants have been subjected to an official inspection for the presence of Oemona hirta and Platypus apicalis and the size of the sample for inspection has been such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; |
| --- | --- |

(v)

immediately prior to export, consignments of the plants have been subjected to an official inspection for the presence of Oemona hirta and Platypus apicalis and the size of the sample for inspection has been such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %;

| (b) | the phytosanitary certificates for those plants include under the heading ‘Additional Declaration’:






  (i) | the following statement: ‘The consignment complies with Commission Implementing Regulation (EU) 2020/1362’; |
| --- | --- | --- |

(b)

the phytosanitary certificates for those plants include under the heading ‘Additional Declaration’:

(i)

the following statement: ‘The consignment complies with Commission Implementing Regulation (EU) 2020/1362’;

| (ii) | the specification of the registered sites of production.’ |
| --- | --- |

(ii)

the specification of the registered sites of production.’

---

| 1.10.2020 | EN | Official Journal of the European Union | L 317/10 |
| --- | --- | --- | --- |

1.10.2020

EN

Official Journal of the European Union

L 317/10

---

COMMISSION IMPLEMENTING REGULATION (EU) 2020/1363

of 30 September 2020

concerning the authorisation of the preparation of Bacillus amyloliquefaciens DSM 25840 as a feed additive for all porcine species (holder of authorisation Chr. Hansen A/S)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,

Whereas:

| (1) | Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. |
| --- | --- |

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

| (2) | In accordance with Article 7 of Regulation (EC) No 1831/2003, applications were submitted for the authorisation of the preparation of Bacillus amyloliquefaciens DSM 25840. Those applications were accompanied by the particulars and documents required under Article 7(3) of that Regulation. |
| --- | --- |

(2)

In accordance with Article 7 of Regulation (EC) No 1831/2003, applications were submitted for the authorisation of the preparation of Bacillus amyloliquefaciens DSM 25840. Those applications were accompanied by the particulars and documents required under Article 7(3) of that Regulation.

| (3) | Those applications concern the authorisation of the preparation of Bacillus amyloliquefaciens DSM 25840 as a feed additive for all porcine species, to be classified in the additive category ‘zootechnical additives’. |
| --- | --- |

(3)

Those applications concern the authorisation of the preparation of Bacillus amyloliquefaciens DSM 25840 as a feed additive for all porcine species, to be classified in the additive category ‘zootechnical additives’.

| (4) | The European Food Safety Authority (‘the Authority’) concluded in its opinions of 21 February 2018 (2) and 4 October 2019 (3) that, under the proposed conditions of use, the preparation of Bacillus amyloliquefaciens DSM 25840 does not have an adverse effect on animal health, consumer safety or the environment. It also concluded that the additive should be considered a potential respiratory sensitiser and no conclusion can be drawn on its potential irritancy on skin and eyes, and on skin sensitisation. Therefore, appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. The Authority concluded that the additive has a significant effect on improvement of zootechnical parameters in all porcine species. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003. |
| --- | --- |

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinions of 21 February 2018 (2) and 4 October 2019 (3) that, under the proposed conditions of use, the preparation of Bacillus amyloliquefaciens DSM 25840 does not have an adverse effect on animal health, consumer safety or the environment. It also concluded that the additive should be considered a potential respiratory sensitiser and no conclusion can be drawn on its potential irritancy on skin and eyes, and on skin sensitisation. Therefore, appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. The Authority concluded that the additive has a significant effect on improvement of zootechnical parameters in all porcine species. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

| (5) | The assessment of the preparation of Bacillus amyloliquefaciens DSM 25840 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation. |
| --- | --- |

(5)

The assessment of the preparation of Bacillus amyloliquefaciens DSM 25840 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

Authorisation

The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘gut flora stabilisers’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.

Article 2

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 September 2020.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 268, 18.10.2003, p. 29.

1

(2)  
  EFSA Journal 2018;16(4):5200.

2

EFSA Journal

(3)  
  EFSA Journal 2019;17(11):5881 and EFSA Journal 2019;17(11):5883.

3

EFSA Journal

EFSA Journal

---

ANNEX

| Identification number of the additive | Name of the holder of authorisation | Additive | Composition, chemical formula, description, analytical method | Species or category of animal | Maximum age | Minimum content | Maximum content | Minimum content | Maximum content | Other provisions | End of period of authorisation |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| CFU/kg of complete feedingstuff with a moisture content of 12 % | CFU/l of water for drinking | | |
| Category of zootechnical additives. Functional group: gut flora stabilisers |
| 4b1901 | Chr. Hansen A/S | Bacillus amyloliquefaciens DSM 25840 | Additive composition

  Preparation of Bacillus amyloliquefaciens DSM 25840 containing a minimum of 1,25 ×1010 CFU/g of additive
  Solid form | All porcine species | — | 5 × 108 | - | 1,7 × 108 | - | 1. | In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated. |

Identification number of the additive

Name of the holder of authorisation

Additive

Composition, chemical formula, description, analytical method

Species or category of animal

Maximum age

Minimum content

Maximum content

Minimum content

Maximum content

Other provisions

End of period of authorisation

CFU/kg of complete feedingstuff with a moisture content of 12 %

CFU/l of water for drinking

Category of zootechnical additives. Functional group: gut flora stabilisers

4b1901

Chr. Hansen A/S

Bacillus amyloliquefaciens DSM 25840

Additive composition

Preparation of Bacillus amyloliquefaciens DSM 25840 containing a minimum of 1,25 ×1010 CFU/g of additive

Solid form

All porcine species

—

5 × 108

-

1,7 × 108

-

1.

In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

| 2. | The additive may be used in water for drinking. For use of the additive in water for drinking the homogenous dispersion of the additive shall be ensured. |
| --- | --- |

2.

The additive may be used in water for drinking. For use of the additive in water for drinking the homogenous dispersion of the additive shall be ensured.

| 3. | For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from its use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including skin, eyes and breathing protection. |
| --- | --- |

3.

For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from its use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including skin, eyes and breathing protection.

21 October 2030

Characterisation of the active substance

Viable spores of Bacillus amyloliquefaciens DSM 25840

Analytical method
   (1)

For identification of Bacillus amyloliquefaciens DSM 25840: Identification: Pulsed Field Gel Electrophoresis (PFGE)

For enumeration of Bacillus amyloliquefaciens DSM 25840 in the feed additive, premixtures and feedingstuffs: Spread plate method using tryptone soya agar – EN 15784

---

(1)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports

---

RECOMMENDATIONS

| 1.10.2020 | EN | Official Journal of the European Union | L 317/13 |
| --- | --- | --- | --- |

1.10.2020

EN

Official Journal of the European Union

L 317/13

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COMMISSION RECOMMENDATION (EU) 2020/1364

of 23 September 2020

on legal pathways to protection in the EU: promoting resettlement, humanitarian admission and other complementary pathways

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,

Whereas:

| (1) | The number of refugees and others in need of international protection is rising globally. As a result, there is a need to strengthen the Union’s capacity to fulfil its moral duty to provide effective assistance. All Member States should participate in the Union’s collective efforts to show solidarity to those in need of international protection by offering legal pathways to the Union and enhancing the protection space outside the Union. |
| --- | --- |

(1)

The number of refugees and others in need of international protection is rising globally. As a result, there is a need to strengthen the Union’s capacity to fulfil its moral duty to provide effective assistance. All Member States should participate in the Union’s collective efforts to show solidarity to those in need of international protection by offering legal pathways to the Union and enhancing the protection space outside the Union.

| (2) | This Recommendation aims to support Member States’ sustained efforts in providing and enhancing legal and safe channels for those in need of international protection. In particular, recommended action aims to show solidarity towards non-EU countries where a large number of people in need of international protection is displaced, contribute to international resettlement and humanitarian admission initiatives and to better overall management of migration. |
| --- | --- |

(2)

This Recommendation aims to support Member States’ sustained efforts in providing and enhancing legal and safe channels for those in need of international protection. In particular, recommended action aims to show solidarity towards non-EU countries where a large number of people in need of international protection is displaced, contribute to international resettlement and humanitarian admission initiatives and to better overall management of migration.

| (3) | The Union is working on developing and enhancing the protection space in countries of transit, destination or first asylum in order to assist both people in need of international protection and migrants who are particularly vulnerable, as well as help host communities. The Regional Development and Protection Programmes (1) in the Horn of Africa and North Africa and the Middle East support, among others, upholding and improving the protection space through capacity development of national systems and supporting authorities and civil society. They provide protection by offering direct assistance to those in need of international protection. All actions are delivered by implementing partners. The programmes support durable solutions for those in need of international protection, in particular resettlement, by ensuring screening and registration, facilitating the effective determination of refugee status as well as by directly supporting the resettlement operations of the United Nations High Commissioner for Refugees (UNHCR). Member States are called upon to play an active role as consortium members or make financial contributions to support and implement the Regional Development and Protection Programmes in order to strengthen the external dimension of EU migration policy. |
| --- | --- |

(3)

The Union is working on developing and enhancing the protection space in countries of transit, destination or first asylum in order to assist both people in need of international protection and migrants who are particularly vulnerable, as well as help host communities. The Regional Development and Protection Programmes (1) in the Horn of Africa and North Africa and the Middle East support, among others, upholding and improving the protection space through capacity development of national systems and supporting authorities and civil society. They provide protection by offering direct assistance to those in need of international protection. All actions are delivered by implementing partners. The programmes support durable solutions for those in need of international protection, in particular resettlement, by ensuring screening and registration, facilitating the effective determination of refugee status as well as by directly supporting the resettlement operations of the United Nations High Commissioner for Refugees (UNHCR). Member States are called upon to play an active role as consortium members or make financial contributions to support and implement the Regional Development and Protection Programmes in order to strengthen the external dimension of EU migration policy.

| (4) | Resettlement is an important tool for offering protection to those in need of international protection and demonstrating global solidarity with non-EU countries to help them cope with large numbers of people fleeing war or persecution. It is also a key element of the Union’s comprehensive asylum and migration policy: by offering safe and legal pathways for those in need of protection, resettlement helps save lives, reduce irregular migration and counter the business model of smuggling networks. Resettlement is also an important and integral part of the comprehensive approach to migration when engaging partner countries on the whole spectrum of migration-related areas. |
| --- | --- |

(4)

Resettlement is an important tool for offering protection to those in need of international protection and demonstrating global solidarity with non-EU countries to help them cope with large numbers of people fleeing war or persecution. It is also a key element of the Union’s comprehensive asylum and migration policy: by offering safe and legal pathways for those in need of protection, resettlement helps save lives, reduce irregular migration and counter the business model of smuggling networks. Resettlement is also an important and integral part of the comprehensive approach to migration when engaging partner countries on the whole spectrum of migration-related areas.

| (5) | The UNHCR has confirmed that the global resettlement needs remain high, with 1,44 million cases in 2020. This number is expected to increase in the coming years. |
| --- | --- |

(5)

The UNHCR has confirmed that the global resettlement needs remain high, with 1,44 million cases in 2020. This number is expected to increase in the coming years.

| (6) | The first Global Refugee Forum, which was held in December 2019, took stock of progress on implementation of the UNHCR’s Global Compact on Refugees (2). It mobilised broad international support for seeking durable solutions for the world’s refugees, including solutions for resettlement and expansion of the number and range of legal pathways available for those in need of international protection. The UNHCR’s three-year strategy (2019-2021) on resettlement and complementary pathways provides a roadmap for expanding them by offering more places, mobilising more actors and creating more welcoming societies. To take on a global leadership role on resettlement, Member States are called upon to support implementation of the strategy and counter the current trend of a decreasing number of resettling countries globally and a sharp drop in resettlement pledges (3). |
| --- | --- |

(6)

The first Global Refugee Forum, which was held in December 2019, took stock of progress on implementation of the UNHCR’s Global Compact on Refugees (2). It mobilised broad international support for seeking durable solutions for the world’s refugees, including solutions for resettlement and expansion of the number and range of legal pathways available for those in need of international protection. The UNHCR’s three-year strategy (2019-2021) on resettlement and complementary pathways provides a roadmap for expanding them by offering more places, mobilising more actors and creating more welcoming societies. To take on a global leadership role on resettlement, Member States are called upon to support implementation of the strategy and counter the current trend of a decreasing number of resettling countries globally and a sharp drop in resettlement pledges (3).

| (7) | Since 2015, two successful EU-sponsored resettlement programmes, involving the participation of a significant number of Member States, have helped more than 70 000 of the most vulnerable people in need of international protection find shelter in the Union. Between 2015 and 2018, when the global resettlement landscape changed considerably, annual resettlements to Member States tripled, with the EU’s share of global resettlement increasing from below 9 % before 2016 to 41 % in 2018. This increase shows the benefit and potential of EU-level cooperation and coordination in the area of resettlement. It also shows the importance of funding from the EU budget, with EUR 1 billion dedicated to directly supporting the resettlement efforts of Member States for 2015-2020. |
| --- | --- |

(7)

Since 2015, two successful EU-sponsored resettlement programmes, involving the participation of a significant number of Member States, have helped more than 70 000 of the most vulnerable people in need of international protection find shelter in the Union. Between 2015 and 2018, when the global resettlement landscape changed considerably, annual resettlements to Member States tripled, with the EU’s share of global resettlement increasing from below 9 % before 2016 to 41 % in 2018. This increase shows the benefit and potential of EU-level cooperation and coordination in the area of resettlement. It also shows the importance of funding from the EU budget, with EUR 1 billion dedicated to directly supporting the resettlement efforts of Member States for 2015-2020.

| (8) | Under the first EU resettlement scheme (4), Member States, together with the Dublin Associated States, agreed to resettle 22 504 people in need of international protection from the Middle East, the Horn of Africa and North Africa over a period of 2 years (2015-2017) (5). In total, 19 452 people were resettled under this first, successful EU scheme (86 % of the total pledge). |
| --- | --- |

(8)

Under the first EU resettlement scheme (4), Member States, together with the Dublin Associated States, agreed to resettle 22 504 people in need of international protection from the Middle East, the Horn of Africa and North Africa over a period of 2 years (2015-2017) (5). In total, 19 452 people were resettled under this first, successful EU scheme (86 % of the total pledge).

| (9) | Under the second EU resettlement scheme (6), Member States agreed to resettle 50 039 people in need of international protection from Turkey, Lebanon, Jordan as well as from countries along the Central Mediterranean route, supporting in particular the emergency transit mechanisms established by UNHCR in Niger (2017) and Rwanda (2019). The scheme was a success, with 43 827 people resettled (88 % of the total pledge). |
| --- | --- |

(9)

Under the second EU resettlement scheme (6), Member States agreed to resettle 50 039 people in need of international protection from Turkey, Lebanon, Jordan as well as from countries along the Central Mediterranean route, supporting in particular the emergency transit mechanisms established by UNHCR in Niger (2017) and Rwanda (2019). The scheme was a success, with 43 827 people resettled (88 % of the total pledge).

| (10) | To maximise the number of resettlements and make good use of available funding, Member States that have not yet fully implemented their pledges under the second EU resettlement scheme are afforded the opportunity to do so in 2020 and 2021 to fulfil their previous commitments. |
| --- | --- |

(10)

To maximise the number of resettlements and make good use of available funding, Member States that have not yet fully implemented their pledges under the second EU resettlement scheme are afforded the opportunity to do so in 2020 and 2021 to fulfil their previous commitments.

| (11) | Under the EU-Turkey Statement (7), more than 27 000 people had been resettled by mid-September 2020 (8). The Member States have resettled further people in need of international protection from Turkey via their own national schemes. |
| --- | --- |

(11)

Under the EU-Turkey Statement (7), more than 27 000 people had been resettled by mid-September 2020 (8). The Member States have resettled further people in need of international protection from Turkey via their own national schemes.

| (12) | The Union needs to move from ad hoc resettlement schemes to schemes that operate on the basis of a stable framework that ensures that Union resettlement schemes are sustainable and predictable. To this end, the Commission proposed a Regulation in 2016 establishing a Union Resettlement Framework (9) to provide safe and legal pathways to international protection for those in need as part of the overhaul of the Union asylum system. A partial provisional political agreement was reached in June 2018, which included adding humanitarian admission – alongside resettlement – to the scope of the proposed Regulation. Swift adoption of the proposal is an important element for a more efficient, fair and stable EU policy on asylum and migration including a stable resettlement framework. |
| --- | --- |

(12)

The Union needs to move from ad hoc resettlement schemes to schemes that operate on the basis of a stable framework that ensures that Union resettlement schemes are sustainable and predictable. To this end, the Commission proposed a Regulation in 2016 establishing a Union Resettlement Framework (9) to provide safe and legal pathways to international protection for those in need as part of the overhaul of the Union asylum system. A partial provisional political agreement was reached in June 2018, which included adding humanitarian admission – alongside resettlement – to the scope of the proposed Regulation. Swift adoption of the proposal is an important element for a more efficient, fair and stable EU policy on asylum and migration including a stable resettlement framework.

| (13) | To ensure resettlement efforts continue until a stable framework is in place, the Commission invited Member States to submit resettlement pledges for 2020 at the 9th Resettlement Forum in July 2019. This was based on the agreed priorities for this period and in line with UNHCR’s projected global resettlement needs for 2020 and UNHCR recommendations for 2020 EU resettlement planning, which called for 30 000 places for 2020. It resulted in just under 29 500 pledges submitted by Member States. This sizeable overall pledge, which amounts to more than 50 % of all resettlement places made available by states to UNHCR for 2020, underlines the Member States’ continued commitment to offering protection, saving lives and offering credible alternatives to irregular movements. |
| --- | --- |

(13)

To ensure resettlement efforts continue until a stable framework is in place, the Commission invited Member States to submit resettlement pledges for 2020 at the 9th Resettlement Forum in July 2019. This was based on the agreed priorities for this period and in line with UNHCR’s projected global resettlement needs for 2020 and UNHCR recommendations for 2020 EU resettlement planning, which called for 30 000 places for 2020. It resulted in just under 29 500 pledges submitted by Member States. This sizeable overall pledge, which amounts to more than 50 % of all resettlement places made available by states to UNHCR for 2020, underlines the Member States’ continued commitment to offering protection, saving lives and offering credible alternatives to irregular movements.

| (14) | Against the background of the projected global resettlement needs for 2020, the UNHCR three-year strategy (2019-2021) on resettlement and complementary pathways and the first Global Refugee Forum (December 2019), this significant pledge by Member States affirms the EU’s role as a global leader on resettlement. |
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(14)

Against the background of the projected global resettlement needs for 2020, the UNHCR three-year strategy (2019-2021) on resettlement and complementary pathways and the first Global Refugee Forum (December 2019), this significant pledge by Member States affirms the EU’s role as a global leader on resettlement.

| (15) | The choice of priority regions for resettlements under the 2020 pledging exercise is based on the UNHCR projected global resettlement needs and the need to continue implementing the EU-Turkey Statement of March 2016. Member States should continue resettlements from Turkey, Jordan, Lebanon, as well as from the key African countries along and leading to the Central Mediterranean route, including Libya, Niger, Chad, Egypt, Ethiopia and Sudan. They should also support the emergency transit mechanisms in Niger and Rwanda, and provide places for emergency resettlements. The implementation of the EU-Turkey Statement includes activation of the Voluntary Humanitarian Admission Scheme with Turkey provided that all preconditions for it have been met and irregular crossings between Turkey and the EU end or have at least been substantially and sustainably reduced. |
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(15)

The choice of priority regions for resettlements under the 2020 pledging exercise is based on the UNHCR projected global resettlement needs and the need to continue implementing the EU-Turkey Statement of March 2016. Member States should continue resettlements from Turkey, Jordan, Lebanon, as well as from the key African countries along and leading to the Central Mediterranean route, including Libya, Niger, Chad, Egypt, Ethiopia and Sudan. They should also support the emergency transit mechanisms in Niger and Rwanda, and provide places for emergency resettlements. The implementation of the EU-Turkey Statement includes activation of the Voluntary Humanitarian Admission Scheme with Turkey provided that all preconditions for it have been met and irregular crossings between Turkey and the EU end or have at least been substantially and sustainably reduced.

| (16) | To help Member States implement the target of 29 500 places in 2020, some EUR 300 million has been made available from the Union budget (10). Subject to the rules of the Asylum, Migration and Integration Fund (AMIF), Member States may qualify for an incentive payment of EUR 10 000 per resettled person from priority regions or particularly vulnerable groups and EUR 6 000 for other resettlements. |
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(16)

To help Member States implement the target of 29 500 places in 2020, some EUR 300 million has been made available from the Union budget (10). Subject to the rules of the Asylum, Migration and Integration Fund (AMIF), Member States may qualify for an incentive payment of EUR 10 000 per resettled person from priority regions or particularly vulnerable groups and EUR 6 000 for other resettlements.

| (17) | Between January and March 2020, there were more than 3 600 resettlement arrivals in the EU as part of the 2020 pledging exercise. However, the outbreak of the coronavirus pandemic has led to a severe disruption of resettlement operations. The Member States, UNHCR and the International Organization for Migration (IOM) suspended such operations as of mid-March 2020. On 18 June 2020, UNHCR and IOM announced the resumption of resettlement travel for refugees (11). Since the summer, several Member States have started to resume gradually their resettlement activity. |
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(17)

Between January and March 2020, there were more than 3 600 resettlement arrivals in the EU as part of the 2020 pledging exercise. However, the outbreak of the coronavirus pandemic has led to a severe disruption of resettlement operations. The Member States, UNHCR and the International Organization for Migration (IOM) suspended such operations as of mid-March 2020. On 18 June 2020, UNHCR and IOM announced the resumption of resettlement travel for refugees (11). Since the summer, several Member States have started to resume gradually their resettlement activity.

| (18) | This unprecedented global health threat and the measures to contain the spread of the virus have had a considerable impact on all operations and procedures related to resettlement, humanitarian admission and community sponsorship. The need for EU coordination has become clear to maximise the impact of the measures taken. |
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(18)

This unprecedented global health threat and the measures to contain the spread of the virus have had a considerable impact on all operations and procedures related to resettlement, humanitarian admission and community sponsorship. The need for EU coordination has become clear to maximise the impact of the measures taken.

| (19) | In its Guidance on the implementation of relevant EU provisions in the area of asylum and return procedures and on resettlement (12), the Commission invited the Member States to continue showing solidarity with those in need of international protection and with non-EU countries hosting large numbers of refugees by ensuring, to the extent possible, continuity of resettlement-related procedures. The Commission invited Member States to consider new ways of working, such as remote interviewing or dossier resettlement. On these topics, the European Asylum Support Office (EASO) has provided swift operational support thanks to a series of thematic online meetings as part of the Resettlement and Humanitarian Admission Network. |
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(19)

In its Guidance on the implementation of relevant EU provisions in the area of asylum and return procedures and on resettlement (12), the Commission invited the Member States to continue showing solidarity with those in need of international protection and with non-EU countries hosting large numbers of refugees by ensuring, to the extent possible, continuity of resettlement-related procedures. The Commission invited Member States to consider new ways of working, such as remote interviewing or dossier resettlement. On these topics, the European Asylum Support Office (EASO) has provided swift operational support thanks to a series of thematic online meetings as part of the Resettlement and Humanitarian Admission Network.

| (20) | Acknowledging the disruptive effect of the coronavirus pandemic on the implementation of the pledges made under the 2020 pledging exercise, the Commission decided to extend the implementation period beyond 2020 to ensure that Member States have enough time to implement these pledges fully. The original one-year programme will therefore be transformed into a two-year programme covering 2020-2021, during which the Member States should implement 29 500 pledges. In addition, Member States are invited to consider additional state-funded national resettlement programmes, if possible. |
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(20)

Acknowledging the disruptive effect of the coronavirus pandemic on the implementation of the pledges made under the 2020 pledging exercise, the Commission decided to extend the implementation period beyond 2020 to ensure that Member States have enough time to implement these pledges fully. The original one-year programme will therefore be transformed into a two-year programme covering 2020-2021, during which the Member States should implement 29 500 pledges. In addition, Member States are invited to consider additional state-funded national resettlement programmes, if possible.

| (21) | To ensure seamless continuation of EU resettlement efforts after the disruptions caused by the coronavirus pandemic, new resettlement programmes should be considered from 2022 onwards, taking into account the financial resources allocated in the 2021-2027 Asylum and Migration Fund to support the Member States’ pledges. The Union’s ambition remains to embark on a path of steadily growing resettlement numbers in the years to come. |
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(21)

To ensure seamless continuation of EU resettlement efforts after the disruptions caused by the coronavirus pandemic, new resettlement programmes should be considered from 2022 onwards, taking into account the financial resources allocated in the 2021-2027 Asylum and Migration Fund to support the Member States’ pledges. The Union’s ambition remains to embark on a path of steadily growing resettlement numbers in the years to come.

| (22) | Beyond EU financial support, various measures are in place to help Member States resettle people. EASO aims to help Member States fulfil their resettlement pledges. The Resettlement Support Facility in Istanbul, which has been operational since April 2019 (pilot phase), supports Member States’ resettlement efforts from Turkey. Moreover, the Resettlement and Humanitarian Admission Network, facilitated by EASO, which has been operational since January 2020, fosters cooperation and knowledge sharing between the Member States, with the focus on EU-specific topics. The network has been the main forum for Member States to address the impact of the coronavirus pandemic through information sharing and peer learning. |
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(22)

Beyond EU financial support, various measures are in place to help Member States resettle people. EASO aims to help Member States fulfil their resettlement pledges. The Resettlement Support Facility in Istanbul, which has been operational since April 2019 (pilot phase), supports Member States’ resettlement efforts from Turkey. Moreover, the Resettlement and Humanitarian Admission Network, facilitated by EASO, which has been operational since January 2020, fosters cooperation and knowledge sharing between the Member States, with the focus on EU-specific topics. The network has been the main forum for Member States to address the impact of the coronavirus pandemic through information sharing and peer learning.

| (23) | In addition, in line with the UNHCR three-year strategy (2019-2021) on resettlement and complementary pathways, it is appropriate to promote the putting in place or making further use of humanitarian admission models and other complementary pathways as an additional means of admission to expand the number of places offered through safe and legal pathways, in addition to resettlement. |
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(23)

In addition, in line with the UNHCR three-year strategy (2019-2021) on resettlement and complementary pathways, it is appropriate to promote the putting in place or making further use of humanitarian admission models and other complementary pathways as an additional means of admission to expand the number of places offered through safe and legal pathways, in addition to resettlement.

| (24) | The proposed Union Resettlement Framework Regulation envisages providing Member States with funding for humanitarian admission. |
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(24)

The proposed Union Resettlement Framework Regulation envisages providing Member States with funding for humanitarian admission.

| (25) | Reflecting the diversity of humanitarian admission models, a wide array of promising experiences already exist in the Member States and in non-EU countries, which can be scaled up or replicated in other Member States. |
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(25)

Reflecting the diversity of humanitarian admission models, a wide array of promising experiences already exist in the Member States and in non-EU countries, which can be scaled up or replicated in other Member States.

| (26) | Several Member States have implemented community sponsorship schemes (13), which can underpin resettlement, humanitarian admission and other complementary pathways. In all cases, private sponsors, groups of private individuals or non-profit organisations can play a structured role in welcoming and integrating those in need of international protection. |
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(26)

Several Member States have implemented community sponsorship schemes (13), which can underpin resettlement, humanitarian admission and other complementary pathways. In all cases, private sponsors, groups of private individuals or non-profit organisations can play a structured role in welcoming and integrating those in need of international protection.

| (27) | In the context of resettlement, community sponsorship schemes can help Member States increase the number of resettlement places and successfully integrate refugees into welcoming host communities. Based on a strong partnership between the State and civil society organisations, individuals or groups of individuals, private sponsors usually provide financial, practical and moral support for the admission or integration of refugees. As demonstrated in the 2018 study on the feasibility and added value of sponsorship schemes (14), community sponsorship models can take many different forms. Depending on their design and objective, they help increase the number of admission places available to those in need of protection, enable faster and more efficient integration, improve public support for refugees and resettlement and help prevent irregular onward movements of resettled persons. |
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(27)

In the context of resettlement, community sponsorship schemes can help Member States increase the number of resettlement places and successfully integrate refugees into welcoming host communities. Based on a strong partnership between the State and civil society organisations, individuals or groups of individuals, private sponsors usually provide financial, practical and moral support for the admission or integration of refugees. As demonstrated in the 2018 study on the feasibility and added value of sponsorship schemes (14), community sponsorship models can take many different forms. Depending on their design and objective, they help increase the number of admission places available to those in need of protection, enable faster and more efficient integration, improve public support for refugees and resettlement and help prevent irregular onward movements of resettled persons.

| (28) | Other forms of community sponsorship beyond resettlement, which can serve as a model, include what some Member States and private organisations refer to as ‘humanitarian corridors’, namely the community sponsorship model currently implemented by faith-based organisations in Italy, France and Belgium in cooperation with the respective national governments. Under this model, private sponsors are involved in all stages of the admission process, from identifying those in need of international protection to transferring them to the Member State concerned. They also take charge of reception and integration efforts and bear the related costs. Since 2016, more than 2 700 people in need of international protection arrived in Europe through this pathway, mostly to Italy and France. The detailed rules of cooperation between the State and the private sponsors are often set out in memoranda of understanding. |
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(28)

Other forms of community sponsorship beyond resettlement, which can serve as a model, include what some Member States and private organisations refer to as ‘humanitarian corridors’, namely the community sponsorship model currently implemented by faith-based organisations in Italy, France and Belgium in cooperation with the respective national governments. Under this model, private sponsors are involved in all stages of the admission process, from identifying those in need of international protection to transferring them to the Member State concerned. They also take charge of reception and integration efforts and bear the related costs. Since 2016, more than 2 700 people in need of international protection arrived in Europe through this pathway, mostly to Italy and France. The detailed rules of cooperation between the State and the private sponsors are often set out in memoranda of understanding.

| (29) | Considering the benefits of community sponsorship, the Union should further promote an EU approach to community sponsorship building on existing Member State experience and involving EASO. The Union will continue to provide support for capacity building of civil society actors engaged in community sponsorship schemes and promotes transnational exchanges on knowledge sharing in order to scale up existing community sponsorship programmes, create new programmes, including in Member States that have not yet implemented such schemes. In 2019, the Commission launched a specific call for proposals to this effect under the AMIF Union Actions Programme (15). Promoting complementary pathways for people in need of protection and their further integration is one of the topics included in the call for proposals for transnational actions on Asylum, Migration and Integration under the AMIF 2020 Work Programme (16). |
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(29)

Considering the benefits of community sponsorship, the Union should further promote an EU approach to community sponsorship building on existing Member State experience and involving EASO. The Union will continue to provide support for capacity building of civil society actors engaged in community sponsorship schemes and promotes transnational exchanges on knowledge sharing in order to scale up existing community sponsorship programmes, create new programmes, including in Member States that have not yet implemented such schemes. In 2019, the Commission launched a specific call for proposals to this effect under the AMIF Union Actions Programme (15). Promoting complementary pathways for people in need of protection and their further integration is one of the topics included in the call for proposals for transnational actions on Asylum, Migration and Integration under the AMIF 2020 Work Programme (16).

| (30) | The coronavirus pandemic has also affected community sponsorship schemes. In its Guidance on the implementation of relevant EU provisions in the area of asylum and return procedures and on resettlement, the Commission encouraged Member States to keep communication channels open with sponsors, keep them informed of developments and continue sponsor recruitment and screening to increase future hosting availability. |
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(30)

The coronavirus pandemic has also affected community sponsorship schemes. In its Guidance on the implementation of relevant EU provisions in the area of asylum and return procedures and on resettlement, the Commission encouraged Member States to keep communication channels open with sponsors, keep them informed of developments and continue sponsor recruitment and screening to increase future hosting availability.

| (31) | As highlighted by the UNHCR, family reunification is widely recognised as a key factor for successful integration in the host country. Forcibly displaced people in need of international protection often face many challenges to their right to family reunification, such as lengthy and burdensome administrative processes (17). This can lead to attempts to circumvent the rules through dangerous irregular migration. To facilitate access to the right to family reunification in line with the Family Reunification Directive (18), Member States are encouraged to put in place family reunification assistance programmes that improve access to information and simplify the visa application process. In addition, for cases falling outside the scope of the Family Reunification Directive, Member States are invited to set up humanitarian admission programmes, such as family-based sponsorship. |
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(31)

As highlighted by the UNHCR, family reunification is widely recognised as a key factor for successful integration in the host country. Forcibly displaced people in need of international protection often face many challenges to their right to family reunification, such as lengthy and burdensome administrative processes (17). This can lead to attempts to circumvent the rules through dangerous irregular migration. To facilitate access to the right to family reunification in line with the Family Reunification Directive (18), Member States are encouraged to put in place family reunification assistance programmes that improve access to information and simplify the visa application process. In addition, for cases falling outside the scope of the Family Reunification Directive, Member States are invited to set up humanitarian admission programmes, such as family-based sponsorship.

| (32) | To leverage skills, qualifications and the motivation of individuals in need of international protection, other complementary pathways for admission, such as education or work, should also be explored. Several Member States support programmes that facilitate access to existing legal avenues for those in need of international protection, such as students or workers. Member States are encouraged to use the EU Skills Profile Tool for Third Country Nationals in such procedures. This dedicated online tool helps map and document the skills and qualifications of people with a migrant background (19). |
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(32)

To leverage skills, qualifications and the motivation of individuals in need of international protection, other complementary pathways for admission, such as education or work, should also be explored. Several Member States support programmes that facilitate access to existing legal avenues for those in need of international protection, such as students or workers. Member States are encouraged to use the EU Skills Profile Tool for Third Country Nationals in such procedures. This dedicated online tool helps map and document the skills and qualifications of people with a migrant background (19).

| (33) | It is estimated that less than three percent of refugees worldwide have access to higher education (20). Even when they have the skills and necessary knowledge, they often lack the information and financial means to apply for undergraduate or postgraduate programmes in the Union. Member States should consider improving access to universities for young people in need of international protection and therefore make it easier for them to be admitted on their territory as students. Such initiatives may require a proactive selection process in non-EU countries, language training, flexibility on the admission criteria to study programmes as well as scholarships and dedicated integration measures upon arrival. After graduation, students wishing to stay in the Member State concerned in line with Directive (EU) 2016/801 of the European Parliament and of the Council (21) should benefit from counselling and help in looking for a job. |
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(33)

It is estimated that less than three percent of refugees worldwide have access to higher education (20). Even when they have the skills and necessary knowledge, they often lack the information and financial means to apply for undergraduate or postgraduate programmes in the Union. Member States should consider improving access to universities for young people in need of international protection and therefore make it easier for them to be admitted on their territory as students. Such initiatives may require a proactive selection process in non-EU countries, language training, flexibility on the admission criteria to study programmes as well as scholarships and dedicated integration measures upon arrival. After graduation, students wishing to stay in the Member State concerned in line with Directive (EU) 2016/801 of the European Parliament and of the Council (21) should benefit from counselling and help in looking for a job.

| (34) | To facilitate the implementation of such programmes, the Commission will encourage peer learning and the exchange of experiences between Member States, and will explore possibilities for EU financial support in designing and developing these pathways for students. |
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(34)

To facilitate the implementation of such programmes, the Commission will encourage peer learning and the exchange of experiences between Member States, and will explore possibilities for EU financial support in designing and developing these pathways for students.

| (35) | Member States should further consider working in partnership with the private sector, employers, trade unions and civil society to develop innovative international labour mobility schemes for those in need of protection. |
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(35)

Member States should further consider working in partnership with the private sector, employers, trade unions and civil society to develop innovative international labour mobility schemes for those in need of protection.

| (36) | EASO, together with the Resettlement and Humanitarian Admission Network, will help Member States design and implement programmes for humanitarian admission and other complementary pathways. |
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(36)

EASO, together with the Resettlement and Humanitarian Admission Network, will help Member States design and implement programmes for humanitarian admission and other complementary pathways.

| (37) | When implementing resettlement, humanitarian admission and other complementary pathways programmes, Member States should take into account the obligations set out in the UN Convention on the Rights of Persons with Disabilities. |
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(37)

When implementing resettlement, humanitarian admission and other complementary pathways programmes, Member States should take into account the obligations set out in the UN Convention on the Rights of Persons with Disabilities.

| (38) | To ensure monitoring of the implementation of EU resettlement schemes in 2020 and 2021, Member States should, upon request, report to the Commission on those resettled on their territory in line with their pledges, specifying the country from which the person has been resettled. The Commission will also monitor the various projects and programmes for humanitarian admission implemented in the Member States to maintain an overview of all legal pathways for those in need of international protection and the number of places offered through these channels. |
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(38)

To ensure monitoring of the implementation of EU resettlement schemes in 2020 and 2021, Member States should, upon request, report to the Commission on those resettled on their territory in line with their pledges, specifying the country from which the person has been resettled. The Commission will also monitor the various projects and programmes for humanitarian admission implemented in the Member States to maintain an overview of all legal pathways for those in need of international protection and the number of places offered through these channels.

| (39) | This recommendation should be addressed to the Member States. The Dublin Associated States are invited to contribute to common European resettlement efforts as well as common efforts in relation to other complementary pathways. |
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(39)

This recommendation should be addressed to the Member States. The Dublin Associated States are invited to contribute to common European resettlement efforts as well as common efforts in relation to other complementary pathways.

HAS ADOPTED THIS RECOMMENDATION:

INCREASING THE NUMBER OF MEMBER STATES ENGAGED IN RESETTLEMENT AND HUMANITARIAN ADMISSION

| 1. | Member States should contribute to providing legal pathways for those in need of international protection in the spirit of international solidarity with the countries of first asylum or transit and strengthen solidarity between each other. |
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1.

STEPPING UP IMPLEMENTATION EFFORTS AMID THE CORONAVIRUS PANDEMIC AND SCALING UP RESETTLEMENT IN THE MEDIUM TERM

| 2. | Building on the experience achieved in the implementation of the previous EU resettlement schemes and to bridge the transition between these schemes and the stable Union Resettlement Framework, Member States are invited to achieve the resettlement target made under the 2020 pledging exercise of at least 29 500 people in need of international protection from non-EU countries over a two-year period (1 January 2020 to 31 December 2021). |
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2.

| 3. | Member States are invited to implement their pledges made under the 2020 pledging exercise as swiftly as practically feasible in the light of the impact of the coronavirus pandemic. They are encouraged to consider innovative ways of working and to adapt their procedures to respond to the changing realities on the ground, including in countries of first asylum. |
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3.

| 4. | Member States that have not entirely fulfilled their pledges under the EU resettlement scheme for 2018-2019 (22) are encouraged to implement these pledges in 2020 and 2021 in line with their AMIF National Programmes. |
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4.

| 5. | In 2020 and 2021, Member States should continue their resettlement-related activities to the extent possible amid the coronavirus pandemic and focus their pledges:






  (a) | to ensure continued resettlement from Turkey of Syrian and third-country nationals and stateless persons displaced by the Syrian conflict in order to support the implementation of the EU-Turkey Statement of March 2016; this includes activation of the Voluntary Humanitarian Admission Scheme provided that all preconditions for it have been met and irregular crossings between Turkey and the EU end or have at least been substantially and sustainably reduced; |
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5.

(a)

to ensure continued resettlement from Turkey of Syrian and third-country nationals and stateless persons displaced by the Syrian conflict in order to support the implementation of the EU-Turkey Statement of March 2016; this includes activation of the Voluntary Humanitarian Admission Scheme provided that all preconditions for it have been met and irregular crossings between Turkey and the EU end or have at least been substantially and sustainably reduced;

| (b) | to ensure continued resettlement from Lebanon and Jordan; |
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(b)

to ensure continued resettlement from Lebanon and Jordan;

| (c) | to contribute to the continued stabilisation of the situation in the Central Mediterranean by resettling those in need of protection from Libya, Niger, Chad, Egypt, Ethiopia and Sudan, including by supporting the UNHCR’s temporary mechanisms for emergency evacuation of the most vulnerable groups of migrants from Libya located in Niger and Rwanda. |
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(c)

to contribute to the continued stabilisation of the situation in the Central Mediterranean by resettling those in need of protection from Libya, Niger, Chad, Egypt, Ethiopia and Sudan, including by supporting the UNHCR’s temporary mechanisms for emergency evacuation of the most vulnerable groups of migrants from Libya located in Niger and Rwanda.

| 6. | Member States are invited to react flexibly to emergency resettlement needs worldwide. They are called upon to implement as many resettlement pledges as possible and make good use of the budget made available to them. They should implement their resettlement programmes in close cooperation with UNHCR and with support from EASO where appropriate. |
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6.

| 7. | To ensure continuity and renewed growth of resettlement operations after the disruptions caused by the coronavirus pandemic, Member States are invited to contribute to future EU resettlement programmes. They are invited to scale up their existing resettlement programmes, resume their previous resettlement programmes or set up new resettlement programmes to expand the number of admission places available to those in need of international protection when resettlements are again possible under safe conditions for all involved. |
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7.

ENSURING QUALITY RESETTLEMENT PROGRAMMES

| 8. | Member States should ensure that all stages of the resettlement process are carried out to a high quality standard, in particular (remote) pre-departure orientation and post-arrival information. They are invited to provide adequate and sufficient reception capacity, taking into account heightened health concerns to guarantee the rapid arrival of selected persons in Europe. |
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8.

| 9. | Member States are encouraged to design dedicated and effective integration and social inclusion programmes for resettled persons that take into account vulnerability in particular. They are invited to work closely with civil society and receiving communities to put in place or expand community sponsorship schemes for resettlement that aim to integrate resettled refugees in the host societies in an efficient, better and faster manner. |
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9.

| 10. | Member States should put in place internal monitoring and evaluation programmes to measure the efficiency and effectiveness of their resettlement schemes and of relevant integration programmes. |
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10.

PROMOTING HUMANITARIAN ADMISSION

| 11. | Member States are invited to increase the number of admissions to their territory of vulnerable people in need of international protection. Besides resettlement, they should consider in particular establishing or scaling up other forms of legal pathways for vulnerable people in need of international protection. |
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11.

| 12. | In addition, Member States are called upon to facilitate access to the right to family reunification by putting in place family reunification assistance programmes that improve access to information and simplify the application process. In addition, they are invited to provide pathways for admitting family members of beneficiaries of international protection through humanitarian admission programmes such as family-based sponsorship schemes. |
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12.

| 13. | Member States are invited to contribute to an EU approach to community sponsorship, drawing upon the wide range of models of humanitarian admission to design admission programmes in line with their respective national priorities and take into account EU external relation priorities and interests. |
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13.

| 14. | Member States are invited to cooperate closely with civil society to put in place or expand community sponsorship schemes as a humanitarian pathway for admission, where the private sponsors, groups of private individuals or non-profit organisations are involved in different stages of the programme – from identification of those in need of international protection in the non-EU country to integration following their arrival. |
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14.

| 15. | In designing those community sponsorship schemes, Member States and their partners should define transparent and non-discriminatory selection criteria for those in need of international protection. From the start of the programme, they should ensure that the respective roles and responsibilities of civil society and government are clearly defined in the pre-departure and post-arrival phase. Member States remain responsible for the security checks and admission procedures and need to guarantee that appropriate safeguards and safety nets are in place. |
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15.

| 16. | Member States are invited to put in place or expand community sponsorship schemes that aim to ensure better and faster integration and social inclusion of those granted international protection in the host societies and improved public support by creating more welcoming and inclusive societies. |
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16.

| 17. | Member States are encouraged to keep communication channels open with private sponsors during and after the coronavirus pandemic, and to keep private sponsors engaged in actively supporting the sponsorship schemes. |
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17.

| 18. | Member States are invited to make use of the various EU co-funding possibilities to promote community sponsorship schemes. |
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18.

PROMOTING COMPLEMENTARY PATHWAYS FOR THOSE IN NEED OF INTERNATIONAL PROTECTION LINKED TO EDUCATION AND WORK

| 19. | Member States are encouraged to develop and support programmes that facilitate access to other existing legal avenues for those in need of international protection, making use where relevant of EU tools to map and document their skills and qualifications. Member States are also encouraged to provide access to the labour market, including with activation programmes (such as re- and upskilling) as early as possible. To facilitate the integration in the labour market, Member States should work closely with social partners. |
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19.

| 20. | Member States should consider improving access to universities for young people in need of international protection by enabling them to qualify as a student, taking into account their specific needs. In close partnership with universities, Member States could consider setting up dedicated programmes, which could include a specific, more flexible academic selection process, financial support and adapted language classes, or scale up their existing initiatives. They should provide counselling and help graduates wishing to stay in the Member State look for a job. |
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20.

| 21. | Member States should consider working in partnership with the private sector and employers to develop innovative international labour mobility schemes for those in need of international protection without prejudice to their protection rights. |
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21.

| 22. | Member States are invited to contribute to an EU approach to community sponsorship to underpin the complementary pathways for education and work for those in need of international protection. |
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22.

STRENGTHENING COOPERATION BETWEEN MEMBER STATES AND PROMOTING RESETTLEMENT AT GLOBAL LEVEL

| 23. | To leverage the benefits and potential of EU-level cooperation and coordination in the area of resettlement, humanitarian admission, community sponsorship and complementary pathways, the Member States are invited to participate in the EASO Resettlement and Humanitarian Admission Network and are encouraged to actively contribute to its meetings and activities. |
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23.

| 24. | Member States should cooperate within the framework of the EASO Resettlement and Humanitarian Admission Network to facilitate a timely and smooth resumption of resettlements after the restrictions linked to the coronavirus pandemic are lifted and develop new ways of working and new procedures to make resettlement operations more resilient in the medium term. |
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24.

| 25. | To further expand resettlement worldwide, Member States should partner with non-EU countries and help them build their resettlement programmes through capacity building and sharing of experiences and best practice, drawing on EASO’s expertise and in cooperation with UNHCR and IOM. |
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25.

MONITORING

| 26. | Upon request, Member States should communicate to the Commission the number of people resettled on their territory in line with their pledges, specifying the countries from which they have been resettled. |
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26.

| 27. | Member States should keep the Commission informed of admissions through humanitarian admission schemes and other complementary pathways. |
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27.

FINANCIAL SUPPORT

| 28. | Member States should make full use of the financial support made available through the Asylum, Migration and Integration Fund for the remainder of its implementation period to fulfil the resettlement pledges in order to ensure that all stages of the resettlement process referred to in this Recommendation are carried out to a high quality standard. |
| --- | --- |

28.

| 29. | Member States should also make full use of other EU funding opportunities to support and improve resettlement, humanitarian admission and other complementary pathways for those in need of international protection and their integration and social inclusion in the host societies, in particular the European Social Fund and the European Regional Development Fund in line with their respective objectives. |
| --- | --- |

29.

ADDRESSEES

This Recommendation is addressed to the Member States.

Done at Brussels, 23 September 2020.

For the Commission

Ylva JOHANSSON

Member of the Commission

---

(1)  Co-funded by the Union budget and implemented by Member-State-led consortia.

1

(2)  https://www.unhcr.org/the-global-compact-on-refugees.html

2

(3)  UNHCR received resettlement pledges from 29 countries in 2018 compared to 35 countries in 2017; the number of departures for resettlement decreased from 65 100 in 2017 to 55 680 in 2018.

3

(4)  Commission Recommendation (EU) 2015/914 of 8 June 2015 on a European resettlement scheme (OJ L 148, 13.6.2015, p. 32).

4

(5)  Conclusions of the Representatives of the Governments of the Member States meeting within the Council of 20 July 2015.

5

(6)  Commission Recommendation (EU) 2017/1803 of 3 October 2017 on enhancing legal pathways for persons in need of international protection (OJ L 259, 7.10.2017, p. 21).

6

(7)  https://www.consilium.europa.eu/en/press/press-releases/2016/03/18/eu-turkey-statement/

7

(8)  These resettlements have been partly counted under the EU resettlement schemes referred to in recitals (8) and (9).

8

(9)  COM(2016) 468 final.

9

(10)  The financial support combines 2019 and 2020 budgetary appropriations, which were made available to the Member States in two instalments.

10

(11)  https://www.unhcr.org/news/press/2020/6/5eeb85be4/joint-statement-un-refugee-chief-grandi-ioms-vitorino-announce-resumption.html?query=resettlement resumption

11

(12)  C(2020) 2516 final.

12

(13)  In some countries, they are also called ‘private sponsorship schemes’.

13

(14)  https://op.europa.eu/fr/publication-detail/-/publication/1dbb0873-d349-11e8-9424-01aa75ed71a1/language-en/format-PDF/source-114630059

14

(15)  2019 Call for Proposals AMIF-2019-AG-Call, Topic 1: Fostering the integration of persons in need of protection through private sponsorship schemes.

15

(16)  Commission Implementing Decision of 26.6.2020 on the financing of Union Actions in the framework of the Asylum, Migration and Integration Fund and the adoption of the work programme for 2020: https://ec.europa.eu/home-affairs/sites/homeaffairs/files/financing/fundings/migration-asylum-borders/asylum-migration-integration-fund/union-actions/docs/c4223-annex-decision-amif-awp-2020.pdf

16

(17)  https://www.unhcr.org/uk/protection/basic/5f5743f84/families-together-family-reunification-for-refugees-in-the-european-union.html

17

(18)  Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 12).

18

(19)  https://ec.europa.eu/migrantskills/#/

19

(20)  UNHCR estimates: https://www.unhcr.org/tertiary-education.html

20

(21)  Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21), Article 25.

21

(22)  Recommendation (EU) 2017/1803.

22

---

ANNEX

Resettlement: 2020 Pledges

| Member State | Total places 2020 |
| --- | --- |
| Belgium | 758 |
| Bulgaria (*1) | [25] |
| Czechia | |
| Denmark | |
| Germany | 5 500 |
| Estonia | |
| Ireland | 994 |
| Greece | |
| Spain | 1 000 |
| France | 5 200 |
| Croatia | 100 |
| Italy | 700 |
| Cyprus | |
| Latvia | |
| Lithuania | 18 |
| Luxembourg (*1) | [50] |
| Hungary | |
| Malta (*1) | [20] |
| Netherlands | 1 902 |
| Austria | |
| Poland | |
| Portugal | 1 150 |
| Romania | 200 |
| Slovenia | |
| Slovakia | |
| Finland | 850 |
| Sweden | 5 114 |
| United Kingdom | 6 000 |
| TOTAL | 29 487 |

Member State

Total places 2020

Belgium

758

Bulgaria (*1)

[25]

Czechia

Denmark

Germany

5 500

Estonia

Ireland

994

Greece

Spain

1 000

France

5 200

Croatia

100

Italy

700

Cyprus

Latvia

Lithuania

18

Luxembourg (*1)

[50]

Hungary

Malta (*1)

[20]

Netherlands

1 902

Austria

Poland

Portugal

1 150

Romania

200

Slovenia

Slovakia

Finland

850

Sweden

5 114

United Kingdom

6 000

TOTAL

29 487

---

(*1)  Implementation of pledges from the previous scheme (not counted under the 2020 pledging exercise).

---

| 1.10.2020 | EN | Official Journal of the European Union | L 317/23 |
| --- | --- | --- | --- |

1.10.2020

EN

Official Journal of the European Union

L 317/23

---

COMMISSION RECOMMENDATION (EU) 2020/1365

of 23 September 2020

on cooperation among Member States concerning operations carried out by vessels owned or operated by private entities for the purpose of search and rescue activities

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,

Whereas:

| (1) | Providing assistance to any persons found in distress at sea is a legal obligation of Member States established in international customary and conventional law, in particular the International Convention for the Safety of Life at Sea (SOLAS Convention,1974), the United Nations Convention of the Law of the Sea (UNCLOS, 1979), and the International Convention on Maritime Search and Rescue (SAR Convention, 1979), as well as Union law. The European Union is a contracting Party to UNCLOS. |
| --- | --- |

(1)

Providing assistance to any persons found in distress at sea is a legal obligation of Member States established in international customary and conventional law, in particular the International Convention for the Safety of Life at Sea (SOLAS Convention,1974), the United Nations Convention of the Law of the Sea (UNCLOS, 1979), and the International Convention on Maritime Search and Rescue (SAR Convention, 1979), as well as Union law. The European Union is a contracting Party to UNCLOS.

| (2) | Since 2014, thousands of people have been attempting to cross the Mediterranean to reach Europe, requiring a multifaceted response by the European Union and its Member States with a view to avert loss of life, improve migration management, address the root causes of irregular migration and disrupt organised crime groups of migrant smugglers and traffickers in human beings. |
| --- | --- |

(2)

Since 2014, thousands of people have been attempting to cross the Mediterranean to reach Europe, requiring a multifaceted response by the European Union and its Member States with a view to avert loss of life, improve migration management, address the root causes of irregular migration and disrupt organised crime groups of migrant smugglers and traffickers in human beings.

| (3) | While irregular migration to the EU has decreased in the last 2 years and fewer lives have been lost at sea, the risky use of small, unseaworthy vessels in the Mediterranean remains a feature of the migratory landscape, continuing to fuel organised crime and causing unacceptable deaths. According to the International Organization for Migration, the total deaths in the Mediterranean so far in 2020 exceed 500, with over 1 880 in 2019 and over 20 300 overall since 2014, making in particular the Central Mediterranean route to Europe the deadliest worldwide. |
| --- | --- |

(3)

While irregular migration to the EU has decreased in the last 2 years and fewer lives have been lost at sea, the risky use of small, unseaworthy vessels in the Mediterranean remains a feature of the migratory landscape, continuing to fuel organised crime and causing unacceptable deaths. According to the International Organization for Migration, the total deaths in the Mediterranean so far in 2020 exceed 500, with over 1 880 in 2019 and over 20 300 overall since 2014, making in particular the Central Mediterranean route to Europe the deadliest worldwide.

| (4) | Since 2015, search and rescue capacity, coordination, and effectiveness in the Mediterranean have been enhanced considerably in response to the migratory crisis, including with significant contributions from coastal states and the increased involvement of private and commercial vessels. The EU and the Member States have reinforced their capacity in the Mediterranean, including through national operations and operations led by the European Border and Coast Guard Agency (Frontex), such as Themis (formerly Triton), Poseidon and Indalo, as well as, previously, the EU naval operation EUNAVFOR MED Sophia, which have helped to rescue over 600 000 people at sea since 2015. |
| --- | --- |

(4)

Since 2015, search and rescue capacity, coordination, and effectiveness in the Mediterranean have been enhanced considerably in response to the migratory crisis, including with significant contributions from coastal states and the increased involvement of private and commercial vessels. The EU and the Member States have reinforced their capacity in the Mediterranean, including through national operations and operations led by the European Border and Coast Guard Agency (Frontex), such as Themis (formerly Triton), Poseidon and Indalo, as well as, previously, the EU naval operation EUNAVFOR MED Sophia, which have helped to rescue over 600 000 people at sea since 2015.

| (5) | In this context, several non-governmental organisations (NGOs) have also been operating private vessels, mostly in the Central Mediterranean area, significantly contributing to the rescue of persons at sea, who are then brought to EU territory for safe disembarkation. As already stressed in the EU Action Plan against Migrant Smuggling (2015-2020) and further clarified in the Commission Guidance on the Facilitators Package (C(2020) 6470), there is a need to avoid criminalisation of those who provide humanitarian assistance to people in distress at sea, while ensuring that appropriate criminal sanctions against smugglers are in place. |
| --- | --- |

(5)

In this context, several non-governmental organisations (NGOs) have also been operating private vessels, mostly in the Central Mediterranean area, significantly contributing to the rescue of persons at sea, who are then brought to EU territory for safe disembarkation. As already stressed in the EU Action Plan against Migrant Smuggling (2015-2020) and further clarified in the Commission Guidance on the Facilitators Package (C(2020) 6470), there is a need to avoid criminalisation of those who provide humanitarian assistance to people in distress at sea, while ensuring that appropriate criminal sanctions against smugglers are in place.

| (6) | In its resolution of 18 April 2018 on progress on the UN Global Compacts for Safe, Orderly and Regular Migration and on Refugees (2018/2642(RSP)), the European Parliament called for greater search and rescue capacities for people in distress, for greater capacities to be deployed by all states, and for the support provided by private actors and NGOs in carrying out rescue operations at sea and on land to be acknowledged. |
| --- | --- |

(6)

In its resolution of 18 April 2018 on progress on the UN Global Compacts for Safe, Orderly and Regular Migration and on Refugees (2018/2642(RSP)), the European Parliament called for greater search and rescue capacities for people in distress, for greater capacities to be deployed by all states, and for the support provided by private actors and NGOs in carrying out rescue operations at sea and on land to be acknowledged.

| (7) | Search and rescue operations in emergency situations require coordination and rapid disembarkation in a place of safety, and respect for the fundamental rights of rescued people, in conformity with the EU Charter of Fundamental Rights obligations, including the principle of non-refoulement, and with customary and conventional international human rights and maritime law, including the International Maritime Organisation (IMO) Maritime Safety Committee (MSC) Guidelines on the treatment of persons rescued at sea. |
| --- | --- |

(7)

Search and rescue operations in emergency situations require coordination and rapid disembarkation in a place of safety, and respect for the fundamental rights of rescued people, in conformity with the EU Charter of Fundamental Rights obligations, including the principle of non-refoulement, and with customary and conventional international human rights and maritime law, including the International Maritime Organisation (IMO) Maritime Safety Committee (MSC) Guidelines on the treatment of persons rescued at sea.

| (8) | A new form of search and rescue operations in the European maritime landscape has emerged in recent years whereby vessels operated by NGOs in the Central Mediterranean Sea have been engaged, as their predominant activity, in search and rescue operations, which they have performed under the coordination of national Maritime Rescue Coordination Centres or on their own initiative. In many cases, these vessels conducted consecutive rescue operations before disembarking those rescued at a place of safety. |
| --- | --- |

(8)

A new form of search and rescue operations in the European maritime landscape has emerged in recent years whereby vessels operated by NGOs in the Central Mediterranean Sea have been engaged, as their predominant activity, in search and rescue operations, which they have performed under the coordination of national Maritime Rescue Coordination Centres or on their own initiative. In many cases, these vessels conducted consecutive rescue operations before disembarking those rescued at a place of safety.

| (9) | Migrant smuggling by sea is a criminal offence, which may put people’s lives at risk and is sanctioned both under European and international law. The European Union and its Member States are contracting Parties to the United Nations Convention against Transnational Organised Crime (UNTOC) and the Protocols thereto, including the Protocol against the Smuggling of Migrants by land, sea and air, supplementing the UNTOC. In this context, it is essential to avoid a situation in which migrant smuggling or human trafficking networks, including criminal organisations trafficking people or engaging in forms of exploitation assimilated to slavery, take advantage of the rescue operations conducted by private vessels in the Mediterranean. |
| --- | --- |

(9)

Migrant smuggling by sea is a criminal offence, which may put people’s lives at risk and is sanctioned both under European and international law. The European Union and its Member States are contracting Parties to the United Nations Convention against Transnational Organised Crime (UNTOC) and the Protocols thereto, including the Protocol against the Smuggling of Migrants by land, sea and air, supplementing the UNTOC. In this context, it is essential to avoid a situation in which migrant smuggling or human trafficking networks, including criminal organisations trafficking people or engaging in forms of exploitation assimilated to slavery, take advantage of the rescue operations conducted by private vessels in the Mediterranean.

| (10) | It is recalled that the SAR Convention obligates contracting parties to participate in the development of search and rescue services and to take urgent steps to ensure that the necessary assistance is provided to any person who is, or appears to be, in distress at sea; the relevant parties should coordinate and cooperate so that those assisted are disembarked from the assisting ship and delivered to a place of safety as soon as reasonably practicable. In line with the IMO Guidelines on the treatment of persons rescued at sea, the selection of a place of safety for disembarkation should take into account a variety of important factors and the particular circumstances of each case. Among others, the need to avoid disembarkation in territories where the lives and freedoms of those alleging a well-founded fear of persecution would be threatened should be taken into account in the case of asylum-seekers and refugees recovered at sea. Moreover, the IMO Guidelines require responsible State authorities to make every effort to expedite arrangements to disembark survivors from the ship, while underlining that in some cases the necessary co-ordination may result in unavoidable delays. |
| --- | --- |

(10)

It is recalled that the SAR Convention obligates contracting parties to participate in the development of search and rescue services and to take urgent steps to ensure that the necessary assistance is provided to any person who is, or appears to be, in distress at sea; the relevant parties should coordinate and cooperate so that those assisted are disembarked from the assisting ship and delivered to a place of safety as soon as reasonably practicable. In line with the IMO Guidelines on the treatment of persons rescued at sea, the selection of a place of safety for disembarkation should take into account a variety of important factors and the particular circumstances of each case. Among others, the need to avoid disembarkation in territories where the lives and freedoms of those alleging a well-founded fear of persecution would be threatened should be taken into account in the case of asylum-seekers and refugees recovered at sea. Moreover, the IMO Guidelines require responsible State authorities to make every effort to expedite arrangements to disembark survivors from the ship, while underlining that in some cases the necessary co-ordination may result in unavoidable delays.

| (11) | The regular presence of NGO vessels carrying out search and rescue activities in the Mediterranean triggers specific operational needs of enhanced coordination and cooperation between the vessels carrying rescued persons and national authorities, and concerns Member States in different ways: some are the States which coordinate the search and rescue operations; some are those which receive the rescued persons, who are disembarked on their territory; some are those where the non-governmental organisations are legally established; and others are those where the vessels used in the search and rescue activities have obtained their flag. |
| --- | --- |

(11)

The regular presence of NGO vessels carrying out search and rescue activities in the Mediterranean triggers specific operational needs of enhanced coordination and cooperation between the vessels carrying rescued persons and national authorities, and concerns Member States in different ways: some are the States which coordinate the search and rescue operations; some are those which receive the rescued persons, who are disembarked on their territory; some are those where the non-governmental organisations are legally established; and others are those where the vessels used in the search and rescue activities have obtained their flag.

| (12) | Private vessels engaged in rescue efforts in the Mediterranean are involved in complex and often recurring search and rescue operations, which may concern large numbers of people in relation to the vessel capacity and involve a broad range of actors, from rescue to the disembarkation. It is therefore a matter of public policy, including safety, that these vessels be suitably registered and properly equipped to meet the relevant safety and health requirements associated with this activity, so as not to pose a danger to the crew or the persons rescued. These activities need to take place in a coordinated framework, through reinforced cooperation and coordination between private operators and national authorities. |
| --- | --- |

(12)

Private vessels engaged in rescue efforts in the Mediterranean are involved in complex and often recurring search and rescue operations, which may concern large numbers of people in relation to the vessel capacity and involve a broad range of actors, from rescue to the disembarkation. It is therefore a matter of public policy, including safety, that these vessels be suitably registered and properly equipped to meet the relevant safety and health requirements associated with this activity, so as not to pose a danger to the crew or the persons rescued. These activities need to take place in a coordinated framework, through reinforced cooperation and coordination between private operators and national authorities.

| (13) | The continued disembarkations of rescued people in coastal Member States have direct consequences on their migration management systems and place increased and immediate pressure on their migration and asylum systems, including on their reception and processing capacity. |
| --- | --- |

(13)

The continued disembarkations of rescued people in coastal Member States have direct consequences on their migration management systems and place increased and immediate pressure on their migration and asylum systems, including on their reception and processing capacity.

| (14) | In addition to other initiatives, on 4 July 2017 the Commission adopted an ‘Action plan on measures to support Italy, reduce pressure along the Central Mediterranean route and increase solidarity’, which included the development by Italy, of a code of conduct for NGOs carrying out search and rescue activities in the Mediterranean, in consultation with the Commission and on the basis of a dialogue with NGOs. |
| --- | --- |

(14)

In addition to other initiatives, on 4 July 2017 the Commission adopted an ‘Action plan on measures to support Italy, reduce pressure along the Central Mediterranean route and increase solidarity’, which included the development by Italy, of a code of conduct for NGOs carrying out search and rescue activities in the Mediterranean, in consultation with the Commission and on the basis of a dialogue with NGOs.

| (15) | Beyond coordination efforts established so far, including under the Shared Awareness and De-confliction in the Mediterranean (SHADE MED) forum set up by the EU naval Operation Sophia, there remains a need to address the specificity of the search and rescue practice which has arisen in the Mediterranean over the past years by setting up a more structural, reliable and sustainable framework, in line with EU competences and relevant international standards. This framework should lay down specific rules for solidarity between Member States, and address the need for reinforced cooperation among in particular the flag and costal Member States. Cooperation with private entities that own or operate vessels for the purpose of carrying out search and rescue activities and bringing rescued people into EU territory is also necessary; such a framework should also aim to provide appropriate information as regards the operations and the administrative structure of these entities, in line with the principle of proportionality and the EU Charter of fundamental rights, and enhance safety, in compliance with the applicable international legislation in the interests of all those on board. |
| --- | --- |

(15)

Beyond coordination efforts established so far, including under the Shared Awareness and De-confliction in the Mediterranean (SHADE MED) forum set up by the EU naval Operation Sophia, there remains a need to address the specificity of the search and rescue practice which has arisen in the Mediterranean over the past years by setting up a more structural, reliable and sustainable framework, in line with EU competences and relevant international standards. This framework should lay down specific rules for solidarity between Member States, and address the need for reinforced cooperation among in particular the flag and costal Member States. Cooperation with private entities that own or operate vessels for the purpose of carrying out search and rescue activities and bringing rescued people into EU territory is also necessary; such a framework should also aim to provide appropriate information as regards the operations and the administrative structure of these entities, in line with the principle of proportionality and the EU Charter of fundamental rights, and enhance safety, in compliance with the applicable international legislation in the interests of all those on board.

| (16) | The Commission will establish an interdisciplinary Contact Group in which Member States can cooperate and coordinate activities in order to implement this Recommendation. The Group will compile an overview of national rules and practices, identify lessons learnt, assess the possibility to create improved means of cooperation between the flag and coastal states with regard to their tasks and responsibilities, and develop best practices which would reflect the needs ensuing from the search and rescue operations as they have developed over the past years. It will liaise regularly with relevant stakeholders, including EU agencies, notably Frontex, and, as appropriate, non-governmental organisations carrying out search and rescue activities in the Mediterranean, academics and international organisations, such as the IMO, in order to exchange knowledge and maintain coherence of activities with the international legal and operational framework. Member States should provide the Commission with all relevant information on the implementation of this Recommendation. The Contact Group will monitor the implementation of the Recommendation and issue, once a year, a report to the Commission. |
| --- | --- |

(16)

The Commission will establish an interdisciplinary Contact Group in which Member States can cooperate and coordinate activities in order to implement this Recommendation. The Group will compile an overview of national rules and practices, identify lessons learnt, assess the possibility to create improved means of cooperation between the flag and coastal states with regard to their tasks and responsibilities, and develop best practices which would reflect the needs ensuing from the search and rescue operations as they have developed over the past years. It will liaise regularly with relevant stakeholders, including EU agencies, notably Frontex, and, as appropriate, non-governmental organisations carrying out search and rescue activities in the Mediterranean, academics and international organisations, such as the IMO, in order to exchange knowledge and maintain coherence of activities with the international legal and operational framework. Member States should provide the Commission with all relevant information on the implementation of this Recommendation. The Contact Group will monitor the implementation of the Recommendation and issue, once a year, a report to the Commission.

| (17) | The Commission will take into account the work of the Contact Group and the implementation of this Recommendation when developing the European Asylum and Migration Management Strategy and the annual Migration Management Reports set out in the Asylum and Migration Management Regulation, as appropriate. On this basis, the Commission will also assess and recommend future initiatives, as needed. |
| --- | --- |

(17)

The Commission will take into account the work of the Contact Group and the implementation of this Recommendation when developing the European Asylum and Migration Management Strategy and the annual Migration Management Reports set out in the Asylum and Migration Management Regulation, as appropriate. On this basis, the Commission will also assess and recommend future initiatives, as needed.

| (18) | This Recommendation is without prejudice to any duty of cooperation and any other obligation stemming from relevant international and Union law, |
| --- | --- |

(18)

This Recommendation is without prejudice to any duty of cooperation and any other obligation stemming from relevant international and Union law,

HAS ADOPTED THIS RECOMMENDATION:

| 1. | Member States should cooperate with each other in relation to operations carried out by privately owned or operated vessels for the purpose of search and rescue activities, with a view to reducing fatalities at sea, maintaining safety of navigation and ensuring effective migration management in compliance with relevant legal obligations.
  In particular, flag and coastal Member States should exchange information, on a regular and timely basis, on the vessels involved in particular rescue operations and the entities that operate or own them, in accordance with international and Union law, including the EU Charter of Fundamental Rights and the protection of personal data. |
| --- | --- |

1.

In particular, flag and coastal Member States should exchange information, on a regular and timely basis, on the vessels involved in particular rescue operations and the entities that operate or own them, in accordance with international and Union law, including the EU Charter of Fundamental Rights and the protection of personal data.

| 2. | Member States should cooperate with each other, and with the Commission, in particular through its Contact Group, liaising with all relevant stakeholders, including as appropriate private entities owning or operating vessels for the purpose of carrying out search and rescue activities, with a view to identifying best practices and take any necessary actions to ensure:






  (a) | increased safety at sea; and |
| --- | --- | --- |

2.

(a)

increased safety at sea; and

| (b) | the availability to the competent authorities of all information that they require to monitor and verify compliance with standards for safety at sea as well as relevant rules on migration management. |
| --- | --- |

(b)

the availability to the competent authorities of all information that they require to monitor and verify compliance with standards for safety at sea as well as relevant rules on migration management.

| 3. | Member States should provide the Commission with any relevant information on the implementation of this Recommendation, at least once a year, by 31 March of the year following the reference year. |
| --- | --- |

3.

Done at Brussels, 23 September 2020.

For the Commission

Ylva JOHANSSON

Member of the Commission

---

| 1.10.2020 | EN | Official Journal of the European Union | L 317/26 |
| --- | --- | --- | --- |

1.10.2020

EN

Official Journal of the European Union

L 317/26

---

COMMISSION RECOMMENDATION (EU) 2020/1366

of 23 September 2020

on an EU mechanism for preparedness and management of crises related to migration

(Migration Preparedness and Crisis Blueprint)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,

Whereas:

| (1) | The refugee crisis of 2015 exposed weaknesses and gaps in EU and national migration crisis management systems as well as a lack of capacity and tools available to the Member States most under pressure. The crisis disclosed the need to act on several fronts simultaneously, in the third countries of origin, transit and/or destination, at the EU external borders and in other Member States under pressure. |
| --- | --- |

(1)

The refugee crisis of 2015 exposed weaknesses and gaps in EU and national migration crisis management systems as well as a lack of capacity and tools available to the Member States most under pressure. The crisis disclosed the need to act on several fronts simultaneously, in the third countries of origin, transit and/or destination, at the EU external borders and in other Member States under pressure.

| (2) | The measures undertaken by the Union and the Member States after the 2015 refugee crisis targeted multiple policy, legislative, operational and financial needs and aimed at improving the sustainability of migration management. These unprecedented efforts, entailing measures at a national, international and EU level contributed to a successive reduction in irregular arrivals year after year, eventually reaching in 2019 the lowest level in six years. |
| --- | --- |

(2)

The measures undertaken by the Union and the Member States after the 2015 refugee crisis targeted multiple policy, legislative, operational and financial needs and aimed at improving the sustainability of migration management. These unprecedented efforts, entailing measures at a national, international and EU level contributed to a successive reduction in irregular arrivals year after year, eventually reaching in 2019 the lowest level in six years.

| (3) | The situation at the external borders remains however highly volatile and further improvements are needed in order to be better prepared to withstand potential large-scale migration crises. In addition, migrants engaging in unauthorised movements and submitting asylum applications in several Member States may constitute a severe burden to the national asylum systems. |
| --- | --- |

(3)

The situation at the external borders remains however highly volatile and further improvements are needed in order to be better prepared to withstand potential large-scale migration crises. In addition, migrants engaging in unauthorised movements and submitting asylum applications in several Member States may constitute a severe burden to the national asylum systems.

| (4) | To avoid the emergence of seemingly uncontrolled migration flows arriving to the EU as in 2015 and to ensure the effective functioning of national migration systems, it is necessary to consolidate the operational cooperation developed so far by establishing a framework supporting a more coordinated use of the relevant legislation. The establishment of such a framework would contribute significantly to ensuring that Member States and the Union develop the resilience necessary to deal efficiently with any type of migration crisis. In addition, the migration situation should be monitored regularly in order for decisions to be taken on the basis of a full situational picture wherever possible. This process should be based on the experience acquired after the 2015 refugee crisis in monitoring the migration situation including with the issuance of the Integrated Situational Awareness and Analysis (ISAA) reports under the Council’s Integrated Political Crisis Response (IPCR) relevant activation. |
| --- | --- |

(4)

To avoid the emergence of seemingly uncontrolled migration flows arriving to the EU as in 2015 and to ensure the effective functioning of national migration systems, it is necessary to consolidate the operational cooperation developed so far by establishing a framework supporting a more coordinated use of the relevant legislation. The establishment of such a framework would contribute significantly to ensuring that Member States and the Union develop the resilience necessary to deal efficiently with any type of migration crisis. In addition, the migration situation should be monitored regularly in order for decisions to be taken on the basis of a full situational picture wherever possible. This process should be based on the experience acquired after the 2015 refugee crisis in monitoring the migration situation including with the issuance of the Integrated Situational Awareness and Analysis (ISAA) reports under the Council’s Integrated Political Crisis Response (IPCR) relevant activation.

| (5) | In order to strengthen the Union and Member States’ resilience, all stakeholders, including Member States through bilateral channels, should continue to actively engage in conflict prevention and resolution as well as to keep each other alerted of a potential crisis in a third country, which could lead to a migration crisis within the EU. All relevant EU tools in line with their legal frameworks and main objectives should be used to support partner countries in building their capacities and in addressing such crises, before their impact reaches the EU while reinforcing migration policy objectives. |
| --- | --- |

(5)

In order to strengthen the Union and Member States’ resilience, all stakeholders, including Member States through bilateral channels, should continue to actively engage in conflict prevention and resolution as well as to keep each other alerted of a potential crisis in a third country, which could lead to a migration crisis within the EU. All relevant EU tools in line with their legal frameworks and main objectives should be used to support partner countries in building their capacities and in addressing such crises, before their impact reaches the EU while reinforcing migration policy objectives.

| (6) | An effective operational response to a migration crisis is dependent on the preparedness of individual Member States and their capacity to deploy the requisite equipment and resources as well as on coordinated action supported by existing Union structures. It further requires all relevant actors to cooperate swiftly and effectively. An effective and timely crisis management mechanism relies therefore on the existence of previously established crisis cooperation procedures in which the roles and responsibilities of the key actors at national and Union level are clearly defined. |
| --- | --- |

(6)

An effective operational response to a migration crisis is dependent on the preparedness of individual Member States and their capacity to deploy the requisite equipment and resources as well as on coordinated action supported by existing Union structures. It further requires all relevant actors to cooperate swiftly and effectively. An effective and timely crisis management mechanism relies therefore on the existence of previously established crisis cooperation procedures in which the roles and responsibilities of the key actors at national and Union level are clearly defined.

| (7) | A structured migration management mechanism is necessary, with real-time monitoring, early warning and a centralised, coordinated EU response to mobilise structures, tools, human and financial resources as needed, across EU institutions and agencies and in cooperation with Member States. |
| --- | --- |

(7)

A structured migration management mechanism is necessary, with real-time monitoring, early warning and a centralised, coordinated EU response to mobilise structures, tools, human and financial resources as needed, across EU institutions and agencies and in cooperation with Member States.

| (8) | Regulation (EU) 2019/1896 of the European Parliament and of the Council (1) on the European Border and Coast Guard has set out the shared responsibility of the European Border and Coast Guard Agency (Frontex) and of the Member States’ competent authorities for the implementation of the European integrated border management. It also requires ensuring situational awareness and provides for integrated planning for European integrated border management, including contingency planning. |
| --- | --- |

(8)

Regulation (EU) 2019/1896 of the European Parliament and of the Council (1) on the European Border and Coast Guard has set out the shared responsibility of the European Border and Coast Guard Agency (Frontex) and of the Member States’ competent authorities for the implementation of the European integrated border management. It also requires ensuring situational awareness and provides for integrated planning for European integrated border management, including contingency planning.

| (9) | The Migration Preparedness and Crisis Blueprint guiding principles should be: anticipation, solidarity and fair sharing of responsibility, coordination, timely reaction and flexible resource allocation. |
| --- | --- |

(9)

The Migration Preparedness and Crisis Blueprint guiding principles should be: anticipation, solidarity and fair sharing of responsibility, coordination, timely reaction and flexible resource allocation.

| (10) | The Migration Preparedness and Crisis Blueprint core purpose is to ensure on the one hand situational awareness and better preparedness, and on the other hand effective governance and timely response. |
| --- | --- |

(10)

The Migration Preparedness and Crisis Blueprint core purpose is to ensure on the one hand situational awareness and better preparedness, and on the other hand effective governance and timely response.

| (11) | The Migration Preparedness and Crisis Blueprint should provide an operational framework for monitoring and anticipation of migration flows and migration situations, building resilience as well as organising a coordinated response to a migration crisis. These objectives reflect the two key stages outlined in the Migration Preparedness and Crisis Blueprint, monitoring and preparedness on the one hand and crisis management on the other. |
| --- | --- |

(11)

The Migration Preparedness and Crisis Blueprint should provide an operational framework for monitoring and anticipation of migration flows and migration situations, building resilience as well as organising a coordinated response to a migration crisis. These objectives reflect the two key stages outlined in the Migration Preparedness and Crisis Blueprint, monitoring and preparedness on the one hand and crisis management on the other.

| (12) | For the purpose of the Migration Preparedness and Crisis Blueprint, a migration crisis should be defined as any situation or development occurring inside the EU or in a third country having an effect and putting particular strain on any Member State’s asylum, migration or border management system or having such potential. This includes and goes beyond the circumstances defined in Article 1(2) of the proposal for a Regulation addressing situations of crisis and force majeure in the field of migration and asylum or the circumstances defined in Article 2(w) of the proposal for a Regulation on Asylum and Migration Management. |
| --- | --- |

(12)

For the purpose of the Migration Preparedness and Crisis Blueprint, a migration crisis should be defined as any situation or development occurring inside the EU or in a third country having an effect and putting particular strain on any Member State’s asylum, migration or border management system or having such potential. This includes and goes beyond the circumstances defined in Article 1(2) of the proposal for a Regulation addressing situations of crisis and force majeure in the field of migration and asylum or the circumstances defined in Article 2(w) of the proposal for a Regulation on Asylum and Migration Management.

| (13) | The Migration Preparedness and Crisis Blueprint is consistent with and complementary to the established EU crisis management mechanisms notably the Union Civil Protection Mechanism (UCPM) including its Emergency Response Coordination Centre (ERCC), the Council’s Integrated Political Crisis Response (IPCR) arrangements, the Commission’s ARGUS and the EEAS Crisis Response Mechanism (CRM), which may be activated concomitantly or after the activation of the Migration Preparedness and Crisis Blueprint in its crisis management stage. The Migration Preparedness and Crisis Blueprint aims at supporting the interaction and cooperation of these general crisis mechanisms by ensuring that they are provided with up-to-date information on the crisis situation. |
| --- | --- |

(13)

The Migration Preparedness and Crisis Blueprint is consistent with and complementary to the established EU crisis management mechanisms notably the Union Civil Protection Mechanism (UCPM) including its Emergency Response Coordination Centre (ERCC), the Council’s Integrated Political Crisis Response (IPCR) arrangements, the Commission’s ARGUS and the EEAS Crisis Response Mechanism (CRM), which may be activated concomitantly or after the activation of the Migration Preparedness and Crisis Blueprint in its crisis management stage. The Migration Preparedness and Crisis Blueprint aims at supporting the interaction and cooperation of these general crisis mechanisms by ensuring that they are provided with up-to-date information on the crisis situation.

| (14) | While the Migration Preparedness and Crisis Blueprint builds on the relevant existing legislation, it is also designed to support the implementation of the new instruments as proposed by the Commission including a Regulation on Asylum and Migration Management and a Regulation addressing situations of crisis and force majeure in the field of migration and asylum. |
| --- | --- |

(14)

While the Migration Preparedness and Crisis Blueprint builds on the relevant existing legislation, it is also designed to support the implementation of the new instruments as proposed by the Commission including a Regulation on Asylum and Migration Management and a Regulation addressing situations of crisis and force majeure in the field of migration and asylum.

| (15) | In its monitoring and preparedness stage, the Migration Preparedness and Crisis Blueprint should provide for a number of steps that ensure regular situational awareness and early warning/forecasting as well as help to prepare the annual migration management report issued by the Commission in accordance with Article 6 of the proposal for a Regulation on Asylum and Migration Management. The situational awareness provided by the Migration Preparedness and Crisis Blueprint might inter alia allow the Presidency of the Council to deescalate the current IPCR activation for migration crisis. In its crisis management stage, the Migration Preparedness and Crisis Blueprint should ensure that up-to-date comprehensive information on the migratory situation is available to all actors allowing to take timely decisions and that the implementation of those decisions is monitored and coordinated properly. |
| --- | --- |

(15)

In its monitoring and preparedness stage, the Migration Preparedness and Crisis Blueprint should provide for a number of steps that ensure regular situational awareness and early warning/forecasting as well as help to prepare the annual migration management report issued by the Commission in accordance with Article 6 of the proposal for a Regulation on Asylum and Migration Management. The situational awareness provided by the Migration Preparedness and Crisis Blueprint might inter alia allow the Presidency of the Council to deescalate the current IPCR activation for migration crisis. In its crisis management stage, the Migration Preparedness and Crisis Blueprint should ensure that up-to-date comprehensive information on the migratory situation is available to all actors allowing to take timely decisions and that the implementation of those decisions is monitored and coordinated properly.

| (16) | To make the Migration Preparedness and Crisis Blueprint a reality, the Member States, the Council, the Commission, the European External Action Service (EEAS), the European Asylum Support Office (EASO), the European Border and Coast Guard Agency (Frontex), the European Union Agency for Law Enforcement Cooperation (Europol), the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) and the European Union Agency for Fundamental Rights (FRA) should work together as an EU Migration Preparedness and Crisis Management Network (‘the Network’). The Network’s main objective should be to ensure the adequate exchange of information relevant for the two stages of the Migration Preparedness and Crisis Blueprint. |
| --- | --- |

(16)

To make the Migration Preparedness and Crisis Blueprint a reality, the Member States, the Council, the Commission, the European External Action Service (EEAS), the European Asylum Support Office (EASO), the European Border and Coast Guard Agency (Frontex), the European Union Agency for Law Enforcement Cooperation (Europol), the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) and the European Union Agency for Fundamental Rights (FRA) should work together as an EU Migration Preparedness and Crisis Management Network (‘the Network’). The Network’s main objective should be to ensure the adequate exchange of information relevant for the two stages of the Migration Preparedness and Crisis Blueprint.

| (17) | This Network should support monitoring and anticipation of migration flows, increase resilience and improve technical coordination of the response to the crisis, in full respect of the legislation in force and while using and complementing the existing tools. |
| --- | --- |

(17)

This Network should support monitoring and anticipation of migration flows, increase resilience and improve technical coordination of the response to the crisis, in full respect of the legislation in force and while using and complementing the existing tools.

| (18) | The relevant third countries of origin, transit and/or destination should also be involved on an ad hoc basis, where possible, in the functioning of the Migration Preparedness and Crisis Blueprint. This involvement should contribute to efficient exchange of information as well as actions building adequate situational awareness on migration in those countries and their response to potential crises, |
| --- | --- |

(18)

The relevant third countries of origin, transit and/or destination should also be involved on an ad hoc basis, where possible, in the functioning of the Migration Preparedness and Crisis Blueprint. This involvement should contribute to efficient exchange of information as well as actions building adequate situational awareness on migration in those countries and their response to potential crises,

HAS ADOPTED THIS RECOMMENDATION:

| 1. | In order to contribute to more efficient migration management by monitoring and anticipating migration flows, building resilience and preparedness as well as organising a response to a migration crisis, the Member States, the Council, the Commission, the European External Action Service (EEAS), the European Asylum Support Office (EASO), the European Border and Coast Guard Agency (Frontex), the European Union Agency for Law Enforcement Cooperation (Europol), the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) and the European Union Agency for Fundamental Rights (FRA) (‘actors’) should cooperate within the framework of the ‘Migration Preparedness and Crisis Blueprint’. |
| --- | --- |

1.

| 2. | For that purpose, the actors should work together in an EU Migration Preparedness and Crisis Management Mechanism Network (‘the Network’) to support the implementation of the Migration Preparedness and Crisis Blueprint. |
| --- | --- |

2.

| 3. | The actors forming the Network should ensure the adequate exchange of information relevant for the two stages of the Migration Preparedness and Crisis Blueprint in full compliance with the legal provisions regarding their competences and responsibilities. |
| --- | --- |

3.

| 4. | During the first stage of the Migration Preparedness and Crisis Blueprint which should be activated permanently and continue during the second stage, the actors should provide timely and adequate information in order to establish the updated migration situational awareness and provide for early warning/forecasting, as well as increase resilience to efficiently deal with any type of migration crisis. The second stage should be applicable to any situation or development occurring inside the EU or in a third country having an effect and putting particular strain on any Member State’s asylum, migration or border management system or having such potential. The second stage includes and goes beyond the circumstances defined in Article 1(2) of the proposal for a Regulation addressing situations of crisis and force majeure in the field of migration and asylum or the circumstances defined in Article 2(w) of the proposal for a Regulation on Asylum and Migration Management. |
| --- | --- |

4.

| 5. | The Network should establish implementation guidelines with the aim of ensuring an efficient flow of information relevant for the functioning of the Migration Preparedness and Crisis Blueprint between the respective national and the EU crisis management mechanisms. |
| --- | --- |

5.

| 6. | Member States, the Council, the Commission, the European External Action Service (EEAS), the European Asylum Support Office (EASO), the European Border and Coast Guard Agency (Frontex), the European Union Agency for Law Enforcement Cooperation (Europol), the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) and the European Union Agency for Fundamental Rights (FRA) should appoint a Point of Contact for the operationalisation of the Network. |
| --- | --- |

6.

| 7. | Points of Contact should regularly exchange information notably with a view to supporting the issuing by the Commission of periodic migration management reports as stipulated in Article 6(4) and situational reports as stipulated in Article 6 (6) of the proposal for a Regulation on Asylum and Migration Management. |
| --- | --- |

7.

| 8. | In line with the findings of the migration management reports and of the situational reports Member States should discuss the necessary measures to be taken. Such discussions should take place at technical, strategic and if necessary at political level in the relevant Council preparatory bodies or Council. |
| --- | --- |

8.

| 9. | The Commission, in agreement with a Member State confronted with a migration
  crisis situation, as referred to in Recommendation 4, should inform the other Points of Contact in the Network of the situation in order to activate the crisis stage of the Migration Preparedness and Crisis Blueprint. The Point of Contact of the affected Member State should immediately provide the Commission’s Point of Contact with the necessary information as specified in the Annex. |
| --- | --- |

9.

| 10. | In such a crisis situation, the Point of Contacts should support the Commission by providing the necessary information and guidance and by coordinating measures responding to the crisis. |
| --- | --- |

10.

| 11. | Exchange of information within the network should occur via available communication channels including, where possible, the IPCR platform with its dedicated functionalities and in line with the implementation guidelines as referred to in Recommendation 5 above. |
| --- | --- |

11.

| 12. | The two stages of the Migration Preparedness and Crisis Blueprint should comply with governance and workflow as set out in the Annex. |
| --- | --- |

12.

Done at Brussels, 23 September 2020.

For the Commission

Ylva JOHANSSON

Member of the Commission

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(1)  Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).

1

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ANNEX

This Annex spells out the principles, the main actors of the Migration Preparedness and Crisis Blueprint and describes in detail its functioning in the two stages.

1.   PRINCIPLES AND ACTORS FOR THE TWO STAGES

Principles

In identifying the necessary measures and assigning responsibilities to the respective actors, the Migration Preparedness and Crisis Blueprint should operate on the basis of the following principles:

| (i) | Anticipation: the migratory situation should be regularly monitored and decisions should be taken on the basis of a full and coordinated situational picture primarily with a view to prevention. |
| --- | --- |

(i)

Anticipation: the migratory situation should be regularly monitored and decisions should be taken on the basis of a full and coordinated situational picture primarily with a view to prevention.

| (ii) | Coordination: the response to the crisis should make use of measures from all relevant internal and external policy areas and by all involved actors under a coordinated and comprehensive approach. |
| --- | --- |

(ii)

Coordination: the response to the crisis should make use of measures from all relevant internal and external policy areas and by all involved actors under a coordinated and comprehensive approach.

| (iii) | Timely reaction: measures should be undertaken as soon as they are needed, in order to prevent the situation from escalating. |
| --- | --- |

(iii)

Timely reaction: measures should be undertaken as soon as they are needed, in order to prevent the situation from escalating.

| (iv) | Flexible resources allocation: resources should be mobilised quickly by making full use of the flexibility by the relevant actors as allowed under different funding instruments. |
| --- | --- |

(iv)

Flexible resources allocation: resources should be mobilised quickly by making full use of the flexibility by the relevant actors as allowed under different funding instruments.

| (v) | Solidarity and fair sharing of responsibility as stipulated in Article 5 of the proposal for a Regulation on Asylum and Migration Management. |
| --- | --- |

(v)

Solidarity and fair sharing of responsibility as stipulated in Article 5 of the proposal for a Regulation on Asylum and Migration Management.

Actors

The actors involved in the implementation of the two stages of the Migration Preparedness and Crisis Blueprint are the following:

| — | Member States including their liaison officers, |
| --- | --- |

—

Member States including their liaison officers,

| — | Council, |
| --- | --- |

—

Council,

| — | European Commission, including the staff posted in the field and in the EU Delegations as well as the European Migration Liaison Officers (EMLOs), |
| --- | --- |

—

European Commission, including the staff posted in the field and in the EU Delegations as well as the European Migration Liaison Officers (EMLOs),

| — | European External Action Service including the EU Delegations, relevant Common Security and Defence Policy missions and operations, |
| --- | --- |

—

European External Action Service including the EU Delegations, relevant Common Security and Defence Policy missions and operations,

| — | EU Agencies (EASO, Frontex, Europol, eu-LISA and FRA) including their liaison officers. |
| --- | --- |

—

EU Agencies (EASO, Frontex, Europol, eu-LISA and FRA) including their liaison officers.

2.   MONITORING AND PREPARDNESS STAGE (STAGE 1)

(a)   Objective

The objective of the Migration Preparedness and Crisis Blueprint in its monitoring and preparedness stage is to support a more coordinated use of the existing legislation by reinforcing and sharing common situational awareness between all actors involved, developing an early warning/forecasting system at EU level and supporting the development of the necessary resilience in Member States to efficiently deal with any type of migration crisis.

The first stage of the mechanism aims to achieve the following core objectives:

| — | Sharing situational awareness and early warning/forecasting. A timely and sufficiently comprehensive understanding of events and new trends by all relevant stakeholders should allow to monitor the situation and to be well prepared for a coordinated response when needed. New emerging problematic and critical situations should be anticipated in a timely manner. All actors should feed information and evidence into an early warning/forecasting system to be developed at EU level. Efforts towards the development of such a system should be coordinated by the Commission while building on the currently available and possible future instruments. |
| --- | --- |

—

Sharing situational awareness and early warning/forecasting. A timely and sufficiently comprehensive understanding of events and new trends by all relevant stakeholders should allow to monitor the situation and to be well prepared for a coordinated response when needed. New emerging problematic and critical situations should be anticipated in a timely manner. All actors should feed information and evidence into an early warning/forecasting system to be developed at EU level. Efforts towards the development of such a system should be coordinated by the Commission while building on the currently available and possible future instruments.

| — | Supporting the development of resilience. A joint understanding of the situation, its drivers and the forecast should support Member States to focus their efforts for building up their capacities in case a new migration crisis arises. |
| --- | --- |

—

Supporting the development of resilience. A joint understanding of the situation, its drivers and the forecast should support Member States to focus their efforts for building up their capacities in case a new migration crisis arises.

(b)   Governance

The Commission, where necessary in cooperation with EEAS, should play a leading role in the monitoring and preparedness stage using all its assets including European Migration Liaison Officers, the Emergency Response Coordination Centre (ERCC) and available funds in accordance with their respective mandates, objectives and procedures. The Commission should chair the Network and provide the secretariat thereof, collect the information and provide the necessary reports and monitor the implementation of the measures to be undertaken by any actor.

The Member States, EU Agencies and other actors should support the Commission in the above role, in particular by providing timely and accurate information, analysis and forecasts as well as assessment of their preparedness and contingency planning.

The necessary discussions at technical, strategic and if necessary political level requiring measures in Member States should be undertaken in the relevant Council preparatory bodies on the basis of the findings of the Commission reports issued under this stage of the Migration Preparedness and Crisis Blueprint.

In situations where the Council decides to issue operational conclusions and recommendations, the Network should support their implementation by exchanging the relevant information.

(c)   Workflow

Sharing situational awareness and early warning/forecasting

The Commission should convene regular, at least quarterly, meetings or videoconferences of the Network. The frequency of such contacts should depend on the severity of the migratory situation as well as the issues identified through migration and contingency monitoring.

Where relevant and feasible, representatives of the main third countries of origin, transit and/or destination as well as representatives of key international partners and stakeholders should be invited on an ad hoc basis to discussions of the Network focused on a particular migratory route with the aim of timely and regular information exchange on the migratory flows, smuggling activities and any other factors (including geopolitical, health, environmental, climatic, demographic or any other socio-economic factors) impacting asylum, migration or border management of the EU. The modalities of this contribution should be developed in consultation with the countries in question through the respective EU Delegations, in close coordination with the EEAS.

Preparedness should be a key component of the migration dialogues with third countries, in particular in the EU’s neighbourhood, and should aim at establishing communication channels and identifying local actors, to be used and contacted in case of a crisis.

Where possible, the Commission in cooperation with the EEAS should set up on an ad hoc basis dedicated videoconferences per migratory route with the main third countries of origin, transit and/or destination, and reinforce the similar videoconferences currently held. Those videoconferences should involve all other stakeholders, which are affected or have a clear interest in the migratory movements across a given migratory route. The structure of the videoconference should encourage substantial discussions in close cooperation with the EU Delegations for the benefit of all participants.

All Points of Contact of the Network should provide information in order to help establish the necessary situational picture. The sharing of situational awareness includes data on migratory flows, information on reception, asylum and border management systems, relevant national developments in the field of migration in Member States and third countries, early warning/forecasting notifications, as well as cooperation actions with third countries. All Points of Contact should share challenges, shortcomings and response actions on the ground in the interest of a common situational picture at EU level. The exact functioning of the network should be detailed in Standard Operating Procedures.

The Network should make full use of the available communication channels and platforms including, where possible, the IPCR platform with its dedicated functionalities. If the available tools are not sufficient, the Commission will consider improving its existing platforms or setting up a dedicated secured web-based platform ensuring the swift exchange of information within the Network.

Based on these contributions, the Commission should issue situational reports – a Migration Situational Awareness and Analysis (MISAA) report with a frequency that should be decided by the Network during the monitoring and preparedness stage. The MISAA report should build upon the template and methodology of the Integrated Situational Awareness and Analysis (ISAA) report currently issued and developed during the IPCR activation for the 2015 refugee crisis and it will replace the ISAA report if the said IPCR is deactivated by the Presidency. Where possible, the actors should also share the information received from non-EU sources including third countries and international partners. The MISAA report should identify trends and possibly contain early warning/forecasts of flows allowing for the alerting of all actors and for their corrective measures. The MISAA report should be shared exclusively with the actors via the IPCR platform in full compliance with the rules for the access to this platform, with the respective involvement of the Emergency Response Coordination Centre.

Member States should discuss the necessary measures to be taken and conclusions as identified in the MISAA report. Member States should carry out discussions at technical, strategical and if necessary political level in the respective Council preparatory bodies or Council meetings. The Council may issue operational conclusions and recommendations, which should be followed up by the relevant actors with the support of the Network.

Supporting the development of resilience

Building on the migration management reports and national strategies as foreseen by Article 6(4) and (6) of the proposal for a Regulation on Asylum and Migration Management and in order to enhance the resilience of the overall EU migration management, a migration contingency cycle should be set up.

In line with Article 6(3) of the proposal for a Regulation on Asylum and Migration Management, Member States shall have national strategies in place to ensure sufficient capacity in place for the effective asylum and migration management which shall include information on how Member States are implementing the principles set out in the said Regulation and legal obligations stemming therefrom at national level. Those strategies shall include contingency planning at national level, while taking into account the contingency planning pursuant to relevant legislation including Articles 8(6) and 9(3), (5) and (6) of Regulation (EU) 2019/1896 (European Border and Coast Guard Agency) and the implementation of the European integrated border management as laid down by that Regulation.

EU Agencies should report to the Commission on their capacities and contingency plans, as well as with any other reports that may be used by the Commission in this context.

The EEAS should contribute on the external aspects of migration and its cooperation actions with third countries of origin, transit and/or destination.

Third countries should be given the possibility to share their own migration strategies and contingency plans with the Commission or with the Network on a voluntary basis.

On the basis of the above information and in accordance with Article 6(4) of the proposal for a Regulation on Asylum and Migration Management, the Commission will annually present a Migration Management Report setting out the likely evolution of the migratory situation and the preparedness of the Union and the Member States.

Member States should discuss the findings of the annual migration management reports produced by the Commission in the appropriate fora.

The Commission with the support of the other actors in the Network should provide a framework for monitoring the follow up to the findings of the annual migration management reports and should report on the progress achieved and the state of play in the following yearly cycle reporting.

3.   MIGRATION CRISIS MANAGEMENT STAGE (STAGE 2)

(a)   Objective

The objective of the Migration Preparedness and Crisis Blueprint in its crisis management stage is to support a rapid, efficient and coordinated EU response to a migration crisis by providing timely and up-to-date information to the EU decision-makers on the unfolding operational situation as well as by supporting monitoring, coordination on the ground, and communication at technical level between all actors.

(b)   Governance

In the Crisis Management stage of the Migration Preparedness and Crisis Blueprint, and as long as the general EU crisis mechanisms (the Union Civil Protection Mechanism, Integrated Political Crisis Response, ARGUS and Crisis Response Mechanism) are not activated, the Migration Preparedness and Crisis Blueprint uses its framework including the Network and reporting mechanism in order to pursue its objective.

Once the general EU crisis mechanisms are activated in line with their respective procedures and objectives, the role of overall crisis management including the necessary coordination among them should be ensured.

During the activation of Stage 2, the activities of Stage 1 continue and are intensified.

The Network, as activated and chaired by the Commission, should support the work of the general EU crisis mechanisms. The support should in particular focus on providing the situational awareness necessary for discussions and decisions within those mechanisms and by following up their implementation by the relevant actors. To this aim, the Network should meet regularly via videoconference and discuss all operational aspects of decisions taken within the general EU crisis mechanisms and report back to them.

Member States crisis management centres if activated should ensure the adequate connection to the general EU crisis mechanisms, including the UCPM and its ERCC, as well as support the activity of their respective Point of Contact in the Network in line with the guidelines referred to in Recommendation 5.

Where necessary and in complementarity to the meetings held in the Council under IPCR rules, further discussions could be undertaken in the relevant Council preparatory bodies or in the Council on the basis of the findings of the Commission’s situation reports.

Each actor should take the necessary measures including those listed in the toolbox under letter (d) below.

(c)   Workflow

| 1. | The crisis management stage of the Migration Preparedness and Crisis Blueprint can be triggered by the Commission in agreement with a Member State confronted with a migration crisis situation, as referred to in Recommendation 4. |
| --- | --- |

1.

| 2. | The Point of Contact of the Commission should inform the other Points of Contact in the Network (EU Presidency, Member States, Council, EEAS, EU agencies) of the decision to activate the Migration Preparedness and Crisis Blueprint in its crisis management stage. |
| --- | --- |

2.

| 3. | The Commission will immediately fully activate the Network in 24/7 mode and will convene an urgent meeting/videoconference of the Network in order to address at technical level the below points:






  (a) | Exchange information on the situation; |
| --- | --- | --- |

3.

(a)

Exchange information on the situation;

| (b) | Analyse options for a rapid, efficient and effective response; |
| --- | --- |

(b)

Analyse options for a rapid, efficient and effective response;

| (c) | Coordinate messages for public communication in coherence with the existing structures. |
| --- | --- |

(c)

Coordinate messages for public communication in coherence with the existing structures.

| (d) | Coordinate the support on the ground. |
| --- | --- |

(d)

Coordinate the support on the ground.

| 4. | The affected Member State should activate its own contingency measures and make an initial assessment of needs that should be shared immediately with the Commission and the other members of the Network. This initial assessment should contain the following information:






  (a) | The situation on the ground, the main driving factors and the forecast including possible consequences; |
| --- | --- | --- |

4.

(a)

The situation on the ground, the main driving factors and the forecast including possible consequences;

| (b) | The current material, operational and financial capacities; |
| --- | --- |

(b)

The current material, operational and financial capacities;

| (c) | Implementation of the contingency measures; |
| --- | --- |

(c)

Implementation of the contingency measures;

| (d) | The material, operational and financial needs to be provided by the relevant actors including other Member States or EU agencies. |
| --- | --- |

(d)

The material, operational and financial needs to be provided by the relevant actors including other Member States or EU agencies.

| 5. | On the basis of the information gathered via the Network, the Commission should inform the Network providing in particular:






  (a) | Situation overview including forecast and possible consequences; where possible, information from and on relevant third countries should be included. |
| --- | --- | --- |

5.

(a)

Situation overview including forecast and possible consequences; where possible, information from and on relevant third countries should be included.

| (b) | Current capacities of the Member States and the third countries of origin, transit and/or destination affected by the crisis and current capacities of the EU and of other Member States to address the crisis; |
| --- | --- |

(b)

Current capacities of the Member States and the third countries of origin, transit and/or destination affected by the crisis and current capacities of the EU and of other Member States to address the crisis;

| (c) | Current level of EU and Member States’ assistance; |
| --- | --- |

(c)

Current level of EU and Member States’ assistance;

| (d) | Assessment of the gaps and needs; |
| --- | --- |

(d)

Assessment of the gaps and needs;

| (e) | Possible action at EU institutions’, EU bodies’, EU agencies’ and Member States’ level out of the toolbox provided below. |
| --- | --- |

(e)

Possible action at EU institutions’, EU bodies’, EU agencies’ and Member States’ level out of the toolbox provided below.

When a Member State submitted a motivated request under Articles 2(1) or 6(1) of the proposal for a Regulation addressing situations of crisis and force majeure in the field of migration and asylum, the information gathered via the Network may support the Commission’s analysis and actions as foreseen by Articles 2 and 6 of that proposal.

When the Commission undertakes the assessment of a migratory situation in a Member State under Article 47 of the proposal for a Regulation on Asylum and Migration Management, the information gathered via the Network may support the Commission’s report on migratory pressure as foreseen by Article 48 of that proposal.

As regards civil protection assistance, the coordination between Member States should be ensured through the Emergency Response Coordination Centre.

| 6. | The Presidency of the Council could consider the necessity of convening an extraordinary Council meeting. |
| --- | --- |

6.

| 7. | The Network will plug into the work of the general EU crisis management systems after their activation by providing situational awareness and by exchanging the information necessary to monitor at a technical level the implementation of the necessary actions as agreed in the framework of those systems. |
| --- | --- |

7.

| 8. | Coordination in the Member States should be ensured in the relevant national crisis management mechanisms dealing with migration, with the involvement of all relevant national actors, in full consistency and coherence with the implementation of the Migration Preparedness and Crisis Blueprint, under the overall coordinating role of IPCR. |
| --- | --- |

8.

| 9. | In case the Union Civil Protection Mechanism is activated, the Emergency Response Coordination Centre (ERCC) of the Commission should ensure support to the rapid deployment of emergency support to requesting Member States and act as a coordination hub for civil protection assistance between all EU Member States and participating States. A 24/7 connection should be established between relevant Commission Services. |
| --- | --- |

9.

| 10. | Where relevant and possible, an enhanced monitoring mechanism in third countries should be set up with the deployment or activation of liaison officers from all actors in the main third countries of transit, origin and/or destination. |
| --- | --- |

10.

| 11. | Other sectoral crisis mechanisms
  and tools should be activated depending on the needs as listed in the toolbox below. |
| --- | --- |

11.

| 12. | The Network should be fully activated 24/7 throughout the crisis. |
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12.

| 13. | If the IPCR is activated, the regular migration monitoring will be ensured by ISAA reports, which will replace the MISAA reports for the length of the activation period. If IPCR is not activated, the MISAA reports issued by the Commission under the first stage of the Migration Preparedness and Crisis Blueprint will be continued on the basis of the relevant actors’ inputs gathered via the Network. |
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13.

| 14. | The MISAA/ISAA reports issued by the Commission under this stage of the Migration Preparedness and Crisis Blueprint should be discussed in the relevant Council preparatory bodies or Council. |
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14.

| 15. | The crisis management stage of the Migration Preparedness and Crisis Blueprint may be deactivated by the Commission at the request of [a] Member State[s] or on its own initiative once the situation that triggered the crisis is no longer present or once it is considered under control. |
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15.

| 16. | The Commission, together with the Council, EEAS and the EU agencies should organise tailored training on procedures and tools used in migration crisis situations in order to enhance the knowledge and readiness of all relevant staff. |
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16.

| 17. | All actors should regularly exercise their response to migration crises at national and European level and, when necessary, revise the current Migration Preparedness and Crisis Blueprint on the basis of lessons learnt. |
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17.

(d)   Toolbox

The following measures constitute the toolbox to respond to a migration crisis in accordance with the relevant legislation.

Measures in countries of origin, transit and/or destination

| — | In addition to the on-going cooperation with third partners, the Commission coordinates, in cooperation with the EEAS, EU Delegations and Member States, with the main third countries of origin, transit and/or destination with a special attention to EU neighbouring countries, to support them to further improve their reception capacities and better manage migration flows, in particular protecting the borders and fighting against migrant smuggling, and enhance return cooperation, |
| --- | --- |

—

In addition to the on-going cooperation with third partners, the Commission coordinates, in cooperation with the EEAS, EU Delegations and Member States, with the main third countries of origin, transit and/or destination with a special attention to EU neighbouring countries, to support them to further improve their reception capacities and better manage migration flows, in particular protecting the borders and fighting against migrant smuggling, and enhance return cooperation,

| — | The Commission, in cooperation with Member States and EEAS, provides for additional safe corridors and resettlement schemes in relevant third countries of origin, transit and/or destination. |
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—

The Commission, in cooperation with Member States and EEAS, provides for additional safe corridors and resettlement schemes in relevant third countries of origin, transit and/or destination.

| — | The Commission cooperates with, and ensures synergies between, the main international organisations (notably the UNHCR and IOM) and key NGOs for appropriate complementary deployment of measures in the relevant country of origin, transit and/or destination. |
| --- | --- |

—

The Commission cooperates with, and ensures synergies between, the main international organisations (notably the UNHCR and IOM) and key NGOs for appropriate complementary deployment of measures in the relevant country of origin, transit and/or destination.

| — | The Commission reviews and activates, on the basis of the identified needs, the available funding under all relevant (internal and external) funding instruments including their emergency components where applicable in line with their legal frameworks and objectives. Joined-up thinking between instruments is essential to deal with protracted migration pressure. |
| --- | --- |

—

The Commission reviews and activates, on the basis of the identified needs, the available funding under all relevant (internal and external) funding instruments including their emergency components where applicable in line with their legal frameworks and objectives. Joined-up thinking between instruments is essential to deal with protracted migration pressure.

| — | In exceptional circumstances, the Commission explores the availability of additional resources to be mobilised on the basis of MFF provisions if the above funding is not sufficient. |
| --- | --- |

—

In exceptional circumstances, the Commission explores the availability of additional resources to be mobilised on the basis of MFF provisions if the above funding is not sufficient.

| — | The Commission considers in cooperation with Member States, joint use of funding from the EU and national budgets, pending a decision on their continuation in the future MFF period. |
| --- | --- |

—

The Commission considers in cooperation with Member States, joint use of funding from the EU and national budgets, pending a decision on their continuation in the future MFF period.

| — | Where relevant and possible, the Commission, in conjunction with existing Member States’ arrangements, sets up an enhanced monitoring mechanism in third countries while using also the dedicated videoconferences per migratory route if established under the Migration Preparedness and Crisis Blueprint and with the deployment or activation of liaison officers in the main third countries of transit, origin and/or destination. |
| --- | --- |

—

Where relevant and possible, the Commission, in conjunction with existing Member States’ arrangements, sets up an enhanced monitoring mechanism in third countries while using also the dedicated videoconferences per migratory route if established under the Migration Preparedness and Crisis Blueprint and with the deployment or activation of liaison officers in the main third countries of transit, origin and/or destination.

| — | Where a status agreement has been concluded between the EU and a third country, Frontex deploys border management teams to support the relevant authorities of that third country in controlling its borders. |
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—

Where a status agreement has been concluded between the EU and a third country, Frontex deploys border management teams to support the relevant authorities of that third country in controlling its borders.

| — | The EEAS activates its Crisis Response Mechanism, upon the occurrence of a serious situation or emergency concerning or involving the external dimension of migration, using the individual elements of the Crisis Response Mechanism, as appropriate: the Crisis Meeting, the Crisis Cell; the Crisis Platform; and the Task Force. |
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—

The EEAS activates its Crisis Response Mechanism, upon the occurrence of a serious situation or emergency concerning or involving the external dimension of migration, using the individual elements of the Crisis Response Mechanism, as appropriate: the Crisis Meeting, the Crisis Cell; the Crisis Platform; and the Task Force.

| — | The EEAS Delegations, in close cooperation with the Commission, fulfil their respective roles before, during and after a crisis, including by providing situational awareness but also in carrying out the diplomatic, political, and operational response of the EU. |
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—

The EEAS Delegations, in close cooperation with the Commission, fulfil their respective roles before, during and after a crisis, including by providing situational awareness but also in carrying out the diplomatic, political, and operational response of the EU.

| — | The EEAS mobilises functions of Integrated Approach for Security and Peace Directorate, Civilian Planning and Conduct Capability, Military Planning and Conduct Capability and the Common Security and Defence Policy missions with a view to updating whichever coordinating platform is appropriate as part of the situational awareness and preparedness (resilience) functions. |
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—

The EEAS mobilises functions of Integrated Approach for Security and Peace Directorate, Civilian Planning and Conduct Capability, Military Planning and Conduct Capability and the Common Security and Defence Policy missions with a view to updating whichever coordinating platform is appropriate as part of the situational awareness and preparedness (resilience) functions.

Measures in Member States at the EU external borders

| — | National contingency planning/measures on border management, reception and asylum are activated in Member States at the EU external borders. |
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—

National contingency planning/measures on border management, reception and asylum are activated in Member States at the EU external borders.

| — | Information on the operational situation, gaps and needs at the EU external borders are provided by Member States. |
| --- | --- |

—

Information on the operational situation, gaps and needs at the EU external borders are provided by Member States.

| — | Upon request of a Member State at the EU external border, the Union Civil Protection Mechanism may be activated to provide the necessary assistance. |
| --- | --- |

—

Upon request of a Member State at the EU external border, the Union Civil Protection Mechanism may be activated to provide the necessary assistance.

| — | Border surveillance is stepped up so as to extend the coverage to the most affected areas, in cooperation with the Commission and the EU Agencies. |
| --- | --- |

—

Border surveillance is stepped up so as to extend the coverage to the most affected areas, in cooperation with the Commission and the EU Agencies.

| — | Frontex support is provided, at the request of Member States, to reinforce existing joint operations or to deploy Frontex rapid border intervention. |
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—

Frontex support is provided, at the request of Member States, to reinforce existing joint operations or to deploy Frontex rapid border intervention.

| — | EASO deploys, in coordination with Member States, relevant staff and equipment to assist on reception and asylum. |
| --- | --- |

—

EASO deploys, in coordination with Member States, relevant staff and equipment to assist on reception and asylum.

| — | Europol deploys, in coordination with Member States, its staff/equipment/liaison officers to perform security checks of arriving migrants. |
| --- | --- |

—

Europol deploys, in coordination with Member States, its staff/equipment/liaison officers to perform security checks of arriving migrants.

| — | Frontex supports return activities in coordination with Member States, by deploying return specialists and by organising and coordinating return operations by charter and scheduled flights including with return escorts and return monitors. |
| --- | --- |

—

Frontex supports return activities in coordination with Member States, by deploying return specialists and by organising and coordinating return operations by charter and scheduled flights including with return escorts and return monitors.

| — | European Regional Task Forces (EURTF) are established by the Commission in Member States at the EU external borders as a framework to facilitate the exchange of information and to improve coordination among all stakeholders. |
| --- | --- |

—

European Regional Task Forces (EURTF) are established by the Commission in Member States at the EU external borders as a framework to facilitate the exchange of information and to improve coordination among all stakeholders.

| — | Hotspots and reception centres are established at the points of high pressure staffed by relevant national authorities and supported by the EU Agencies with the necessary migration and security information systems. |
| --- | --- |

—

Hotspots and reception centres are established at the points of high pressure staffed by relevant national authorities and supported by the EU Agencies with the necessary migration and security information systems.

| — | The Commission deploys staff to Member States at the EU external borders to assist in the coordination of the response actions. |
| --- | --- |

—

The Commission deploys staff to Member States at the EU external borders to assist in the coordination of the response actions.

| — | The Commission, in coordination with Member States, agrees on key public crisis communication messages and makes use of the most effective communication tools, including the IPCR platform, to disseminate these messages and fight disinformation. |
| --- | --- |

—

The Commission, in coordination with Member States, agrees on key public crisis communication messages and makes use of the most effective communication tools, including the IPCR platform, to disseminate these messages and fight disinformation.

| — | The Commission, in cooperation with the Member States, cooperates on a case by case basis with the main international organisations (notably the UNHCR and IOM) and key NGOs for proper complementary deployment of measures in Member States at the EU external borders. |
| --- | --- |

—

The Commission, in cooperation with the Member States, cooperates on a case by case basis with the main international organisations (notably the UNHCR and IOM) and key NGOs for proper complementary deployment of measures in Member States at the EU external borders.

| — | The Commission makes available the projects on Assisted Voluntary Returns and Reintegration to be used by Member States. |
| --- | --- |

—

The Commission makes available the projects on Assisted Voluntary Returns and Reintegration to be used by Member States.

| — | The Commission reviews and activates, on the basis of Member States’ needs assessment, the available funding under all relevant (internal and external) funding instruments including their emergency components where applicable. |
| --- | --- |

—

The Commission reviews and activates, on the basis of Member States’ needs assessment, the available funding under all relevant (internal and external) funding instruments including their emergency components where applicable.

| — | In exceptional circumstances, the Commission explores the availability of additional resources to be mobilised on the basis of the MFF provisions if the above funding is not sufficient. |
| --- | --- |

—

In exceptional circumstances, the Commission explores the availability of additional resources to be mobilised on the basis of the MFF provisions if the above funding is not sufficient.

| — | The Commission considers joint use of funding from the EU and national budgets, in cooperation with Member States, pending a decision on their continuation in the future MFF period. |
| --- | --- |

—

The Commission considers joint use of funding from the EU and national budgets, in cooperation with Member States, pending a decision on their continuation in the future MFF period.

| — | Assistance to Member States at the EU external borders via equipment, material, staff, deployment of specialised staff and voluntary relocation of migrants as well as contribution of staff to the EU agencies operations may be offered by Member States that are not under pressure. |
| --- | --- |

—

Assistance to Member States at the EU external borders via equipment, material, staff, deployment of specialised staff and voluntary relocation of migrants as well as contribution of staff to the EU agencies operations may be offered by Member States that are not under pressure.

| — | Member States not under pressure may contribute financially to any additional financial solutions necessary to implement the emergency measures. |
| --- | --- |

—

Member States not under pressure may contribute financially to any additional financial solutions necessary to implement the emergency measures.

Measures in other Member States under pressure

| — | National contingency planning/measures on reception and asylum are activated in other Member States under pressure. |
| --- | --- |

—

National contingency planning/measures on reception and asylum are activated in other Member States under pressure.

| — | Information on the operational situation, gaps and needs are provided by other Member States under pressure. |
| --- | --- |

—

Information on the operational situation, gaps and needs are provided by other Member States under pressure.

| — | Upon request of a Member State under pressure, the Union Civil Protection Mechanism is activated to provide the necessary assistance. |
| --- | --- |

—

Upon request of a Member State under pressure, the Union Civil Protection Mechanism is activated to provide the necessary assistance.

| — | European Regional Task Forces (EURTF) are established by the Commission in other Member States under pressure as a framework to facilitate the exchange of information and to improve coordination among all stakeholders. |
| --- | --- |

—

European Regional Task Forces (EURTF) are established by the Commission in other Member States under pressure as a framework to facilitate the exchange of information and to improve coordination among all stakeholders.

| — | Frontex supports return activities in coordination with Member States, by deploying return specialists and by organising and coordinating return operations by charter and scheduled flights including with return escorts and return monitors. |
| --- | --- |

—

Frontex supports return activities in coordination with Member States, by deploying return specialists and by organising and coordinating return operations by charter and scheduled flights including with return escorts and return monitors.

| — | EASO deploys, in coordination with Member States, relevant staff and equipment to assist on reception and asylum. |
| --- | --- |

—

EASO deploys, in coordination with Member States, relevant staff and equipment to assist on reception and asylum.

| — | Europol deploys its staff/equipment/liaison officers to perform security checks of arriving migrants. |
| --- | --- |

—

Europol deploys its staff/equipment/liaison officers to perform security checks of arriving migrants.

| — | The Commission deploys staff to Member States under pressure to assist in the coordination of the response actions. |
| --- | --- |

—

The Commission deploys staff to Member States under pressure to assist in the coordination of the response actions.

| — | The Commission, in coordination with Member States, agrees on key public crisis communication messages and makes use of the most effective communication tools, including the IPCR platform, to disseminate these messages and fight disinformation. |
| --- | --- |

—

The Commission, in coordination with Member States, agrees on key public crisis communication messages and makes use of the most effective communication tools, including the IPCR platform, to disseminate these messages and fight disinformation.

| — | The Commission, in cooperation with the Member States, cooperates with the main international organisations (notably the UNHCR and IOM) and key NGOs for proper complementary deployment of measures in other Member States under pressure. |
| --- | --- |

—

The Commission, in cooperation with the Member States, cooperates with the main international organisations (notably the UNHCR and IOM) and key NGOs for proper complementary deployment of measures in other Member States under pressure.

| — | The Commission makes available the projects on Assisted Voluntary Returns and Reintegration to be used by other Member States under pressure. |
| --- | --- |

—

The Commission makes available the projects on Assisted Voluntary Returns and Reintegration to be used by other Member States under pressure.

| — | The Commission reviews and activates, on the basis of Member States’ needs assessment, the available funding under all relevant (internal and external) funding instruments including their emergency components where applicable. |
| --- | --- |

—

The Commission reviews and activates, on the basis of Member States’ needs assessment, the available funding under all relevant (internal and external) funding instruments including their emergency components where applicable.

| — | In exceptional circumstances, the Commission explores the availability of additional resources to be mobilised on the basis of the MFF provisions if the above funding is not sufficient. |
| --- | --- |

—

In exceptional circumstances, the Commission explores the availability of additional resources to be mobilised on the basis of the MFF provisions if the above funding is not sufficient.

| — | The Commission considers joint use of funding from the EU and national budgets, in cooperation with Member States, pending a decision on their continuation in the future MFF period. |
| --- | --- |

—

The Commission considers joint use of funding from the EU and national budgets, in cooperation with Member States, pending a decision on their continuation in the future MFF period.

| — | Assistance to other Member States under pressure via equipment, material, staff, deployment of specialised staff and voluntary relocation of migrants as well as contribution of staff to the EU agencies operations may be offered by Member States that are not under pressure. |
| --- | --- |

—

Assistance to other Member States under pressure via equipment, material, staff, deployment of specialised staff and voluntary relocation of migrants as well as contribution of staff to the EU agencies operations may be offered by Member States that are not under pressure.

| — | Member States not under pressure may contribute financially to any additional financial solutions necessary to implement the emergency measures. |
| --- | --- |

—

Member States not under pressure may contribute financially to any additional financial solutions necessary to implement the emergency measures.

FIGURE 1

This diagram presents in visualised way the multilevel construction of the Migration Preparedness and Crisis Blueprint.

Image 1

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