Proposal for a COUNCIL DECISION on provisional emergency measures for the benefit of Latvia, Lithuania and Poland
Date: 2021-12-01
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Belarus, EU migration policy, Latvia, Lithuania, Poland, emergency aid, external border of the EU, foreign national, illegal migration, migrant, right of asylum

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   EUROPEAN COMMISSION  Brussels, 1.12.2021  COM(2021) 752 final 2021/0401 (CNS)  Proposal for a COUNCIL DECISION on provisional emergency measures for the benefit of Latvia, Lithuania and Poland  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Triggering  Article  78(3)  TFEU  in  response  to  instrumentalisation  of  migrants  at 
external borders 

The  European  Council  Conclusions  of  21  and  22  October  2021  underlined 
the EU’s non-acceptance  of  any  attempt  by  third  countries  to  instrumentalise  migrants  for 
political  purposes.  Leaders  committed  to  continue  countering  the  ongoing  hybrid  attack 
launched by the Belarusian regime. They also recalled the need to ensure effective returns and 
full  implementation  of  readmission  agreements  and  arrangements,  using  the  necessary 
leverage.  They  stated  that  the  European  Union  remained  determined  to  ensure  effective 
control of its external borders. In this context, the European Council invited the Commission 
to  propose  any  necessary  changes  to  the  EU’s  legal  framework  and  concrete  measures 
underpinned by adequate financial support to ensure an immediate and appropriate response 
in line with EU law and international obligations, including the respect for fundamental rights. 

In  view  of  Latvia,  Lithuania  and  Poland  being  confronted  with  an  emergency  situation 
characterised  by  a  sudden  inflow  of  nationals  of  third  countries  which  have  been 
instrumentalised  by  Belarus  for  political  purposes,  among  the  concrete  measures  being 
envisaged,  the  Commission  is  bringing  forward  a  proposal  for  provisional  emergency 
measures  based  on  Article  78(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFEU).  It  also  responds  to  a  request  by  the  impacted  Member  States  to  be  able  to  rely  on 
provisional  measures  to  address  the  emergency  migratory  situation  at  the  EU’s  external 
borders effectively. This is thus a response to the hybrid attack on the EU as a whole. 

Belarus  has  been  challenging  the  Union,  especially  Latvia,  Lithuania  and  Poland,  by  action 
resulting  in  an  unprecedented  increase  in  irregular  border  crossings  from  Belarus.  While 
recent years saw almost no attempts to cross the external borders illegally from Belarus into 
the EU, since the summer of 2021, the number of illegal crossing has been steadily increasing. 
These actions constitute a hybrid attack that show a determined attempt to create a continuing 
and protracted crisis  as  part of a broader concerted effort to destabilise the European Union 
and undermining society and key institutions. These actions represent a real threat and present 
danger to the Union’s security. 

The objective of the proposal is to support Latvia, Lithuania and Poland by providing for the 
measures  and  operational  support  necessary  to  manage  in  a  humane,  orderly  and  dignified 
manner, fully respectful of fundamental  rights,  the arrival of persons  being instrumentalised 
by Belarus. The proposal complements diplomatic efforts and other measures adopted by the 
Union to respond to this hybrid attack. 

This  instrumentalisation  of  migrants  by  Belarus  has  resulted  in  a  grave  situation  for  these 
people  in  the  European  Union-Belarus  border  region.  Belarus’  actions  have  created  a 
humanitarian crisis, with a number of fatalities already confirmed. The primary responsibility 
for addressing this crisis lies with Belarus. It is bound by the Geneva Convention, including 
the principle of non-refoulement, and it joined the Global Compact. Therefore, while the EU 
will continue to contribute to humanitarian aid for those in need on Belarus territory, Belarus 
must  provide  for  adequate  protection  of  the  refugees  on  its  territory  and  cooperate  with  the 
the  International 
United  Nations  High  Commissioner  for  Refugees  (UNHCR)  and 

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Organization  for  Migration  (IOM)  to  this  end.  The  Commission  and  the  European  External 
Action  Service  have  been  working  very  closely  with  the  United  Nations  and  its  specialised 
agencies  and  with  relevant  human  rights  organisations  in  order  to  prevent  a  humanitarian 
crisis from further unfolding, also in view of deteriorating weather conditions. 

Because of this instrumentalisation, in 2021 as of 21 November, 7 831 third country nationals 
have entered the territories of Latvia, Lithuania and Poland from Belarus in an unauthorised 
manner,  compared  to  257  in  the  entire  2020.  In  addition,  there  have  been  2 676  asylum 
applications  in  Lithuania,  579  applications  in  Latvia  and  6 730  applications  in  Poland.  In 
addition, 42 741 attempts to cross have been prevented by the three Member States. While an 
exact  estimate  would  be  difficult  to  give,  up  to  10 000  more  migrants  may  be  currently 
stranded in Belarus with further arrivals on a daily basis.  

As  a  result,  Latvia,  Lithuania  and  Poland  have  declared  a  state  of  emergency.  Despite  all 
Union  and  Member  States’  efforts,  the  situation  has  continued  to  deteriorate.  Third-country 
nationals  continue  to  seek  to  enter  into  the  territories  of  Latvia,  Lithuania  and  Poland  from 
Belarus and despite current improvements, the situation remains very volatile. 

Following  the  notification  in  June  by  Lithuania,  the  Commission  established  a  regular 
monitoring mechanism through the Migration Preparedness and Crisis Management Network 
(the “Migration Blueprint Network”) in accordance with Commission Recommendation (EU) 
2020/1366 of 23 September 2020 on an EU mechanism for preparedness and management of 
crises related to migration1. Within this framework, the affected Member States, the European 
External  Action  Service,  relevant  EU  Agencies  and  Commission  services  have  shared  data, 
information and insight, which are reported regularly. 

The  European  Union  is  supporting  the  Member  States  that  are  being  targeted  by  the 
Belarusian regime. Since the start of the crisis, the Commission has worked to operationalise 
the  Union’s  solidarity  with  Latvia,  Lithuania  and  Poland  and  granted  emergency  financial 
assistance  of  EUR  36  million  to  Lithuania  in  July.  In  addition  to  the  EUR  360  million 
foreseen for these Member States under the Border Management and Visa Instrument (BMVI) 
for this financial period, the Commission has also made available a further top-up of around 
EUR 200 million for 2021 and 2022. 

In addition, Lithuania activated the EU Civil Protection Mechanism on 15 July 2021, and the 
Commission  has  been  coordinating  assistance  from  19  Member  States.  Through  the 
Mechanism,  Lithuania  has  received  tents,  beds,  heating  systems  and  other  items  crucial  to 
attend to the needs of the migrants present in the territory of Lithuania. This option remains 
open to Latvia and Poland. 

Another important  aspect has been the operational support from EU agencies. Upon request 
by  Lithuania,  from  the  start  of  this  crisis,  the  EU  deployed  assistance  immediately. 
Operational  support  by  the  European  Asylum  Support  Office  (EASO)  has  been  provided  to 
Latvia and Lithuania to  help them cope with the situation of instrumentalisation. EASO has 
notably  assisted  with  the  handling  of  asylum  applications,  reception  management  and 
interpretation.  The  European  Border  and  Coast  Guard  Agency  (Frontex)  and  Europol  have 
also  been  providing  support  to  the  Member  States  who  requested  their  assistance.  In 
particular,  EU  agencies  have  deployed  experts  to  carry  out  border  control  and  intelligence 
measures and have been working to reinforce return capacity and carry out return operations. 

1 

OJ L 317, 1.10.2020, p. 26–38. 

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This  support  has  already  resulted  in  substantial  numbers  of  return  operations.  Today,  the 
support  includes  over  111  border  guards,  over  82  asylum  experts,  and  two  Europol  guest 
officers. The agencies can now continue to step up operational support and it is important for 
the three Member States to make full use of that support. 

This financial and operational support has been underpinned by foreign policy actions aimed 
at  addressing  the  instrumentalisation  of  migrants  and  curtailing  arrivals  and  taken  in  the 
context  of  the  on-going  standoff  with  Belarus  after  the  fraudulent  presidential  elections  in 
August 2020, followed by wide spread and increasing repressions of the Lukashenko regime 
against  their  own  people  and  the  forced  landing  of  the  Ryanair  flight.  In  addition  to  the 
comprehensive  package  of  economic  and  financial  sanctions  and  the  ban  on  flights  through 
EU  airspace  and  on  access  to  EU  airports  by  Belarusians  carriers  as  a  reaction  to  the 
fraudulent  elections  and  the  Ryanair  flights  diversion,  the  Union  has  taken  additional 
measures  as  a  specific  response  to  the  instrumentalisation  of  migrants  by  Belarus.  On  9 
November 2021, the Council adopted the Commission proposal on the partial suspension of 
the  EU-Belarus  Visa  Facilitation  Agreement.  On  15  November  2021,  the  Council  amended 
the  EU  sanctions  regime  regarding  Belarus  and  the  Union  is  now  also  able  to  target  both 
individuals and entities organising or contributing to activities that facilitate illegal crossing of 
the  EU’s  borders.  The  Council  has  also  reached  political  agreement  on  a  fifth  package  of 
listings. On 23 November 2021, the Commission tabled a proposal to prevent and restrict the 
activities of transport operators that engage in or facilitate smuggling or trafficking of people 
into the EU. 

The  Commission,  High  Representative  for  Foreign  and  Security  Policy  and  the  Member 
States  have  also  undertaken  intense  diplomatic  efforts  towards  the  main  countries  of  origin 
and of transit to prevent further arrivals of nationals of these countries through Belarus. This 
has  included  outreach  to  third  countries  to  counter  Belarusian  disinformation,  and  to  get 
support for the return and readmission of their own nationals. The outreach has also included 
direct  contacts  with  airlines  and  civil  aviation  authorities  to  explore  ways  to  help  limit  non 
bona fide travel to Belarus. 

These measures have brought rapid results, but the situation at the border remains very fragile 
with  Belarus  continuing  to  instrumentalise  migrants  who  continue  to  arrive  at  the  Union’s 
external borders. Vigilance and preparedness to react quickly to new developments are key. 

As  well  as  continuing  to  assist  the  Member  States  concerned  both  operationally  and 
financially, the Union should equip the Member States concerned with the legal tools needed 
to  react  swiftly  in  defence  of  their  national  security  and  that  of  the  Union.  These  measures 
should  complement  those  taken  by  the  Union  and  Member  States  concerned.  Under  Article 
78(3) TFEU, the Council has a broad discretion in the choice of the measures it takes if these 
respond  rapidly  and  efficiently  to  a  particular  emergency.  These  measures  can  evolve  and 
adapt if they retain their provisional nature. 

The  measures  included  in  this  proposal  allow  the  Member  States  concerned  to  manage  the 
situation  in  a  controlled  and  effective  way  with  full  respect  for  fundamental  rights  and 
international obligations as highlighted in the European Council call to the Commission. 

The  provisions  go  further  than  those  foreseen  in  the  Asylum  Procedures  Directive 
2013/32/EU  in  the  event  of  arrivals  involving  a  large  number  of  third  country  nationals  or 
stateless persons and aim to cater for the specific situation of instrumentalisation of migrants, 
without undermining the right to asylum or the principle of non-refoulement.  

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The provisions  of the Asylum Procedures  Directive are not  designed to  deal  with  situations 
where the Union’s integrity and security is under attack as a result of the instrumentalisation 
of migrants. For this reason, this proposal sets a temporary emergency migration and asylum 
management  procedure tailored to  the needs  of the Member States  concerned in  the current 
situation.  The  emergency  migration  and  asylum  management  procedure  and  the  other 
measures  in  this  Decision  aim  to  help  the  Member  States  concerned  to  take  the  steps 
necessary  to  respond  effectively  to  the  hostile  actions  of  the  third  country  in  line  with  the 
Union’s fundamental values. 

Lithuania,  Latvia  and  Poland  have  intensified  border  surveillance  and  other  border  control 
measures  to  protect  the  Union’s  integrity  and  security.  They  must  in  addition  manage  the 
third-country  nationals  arriving  at  their  borders.  As  part  of  these  measures,  these  Member 
States have been forced by the current circumstances to limit the number of border crossing 
points open and have deployed a significant number of border guards along the green border. 

The  measures  included  in  this  Decision  are  of  a  temporary,  extraordinary  and  exceptional 
nature,  and  will  complement  border  control  measures  with  specific  measures  in  the  area  of 
asylum  and  return.  Given  the  current  situation  and  taking  into  account  the  fact  that  the 
Union’s  concerted  actions  have  started  to  bring  results  in  reducing  arrivals,  these  measures 
should be applicable for a period of six months. This period is considered sufficient to allow 
the  Member  States  concerned  to  effectively  manage  the  exceptional  situation.  Before  the 
expiry of this six-month period, the Commission will regularly reassess the situation and may 
propose to the Council to prolong or repeal the application of the measures in this proposal. 

The  emergency  migration  and  asylum  management  procedure  established  in  this  proposal 
foresees  specific  procedural  provisions  for  the  registration  and  lodging  of  applications  of 
international  protection,  longer  registration  deadlines  and  the  possibility  to  decide  at  the 
border  or  at  transit  zone  on  the  admissibility  or  substance  of  all  applications,  except  where 
specific vulnerabilities cannot be catered for. It also foresees specific provisions for return and 
material reception conditions. These measures are accompanied by a series of safeguards. In 
all other aspects, the Asylum Procedures Directive, and in particular the guarantees foreseen 
in Chapter II of the Directive, apply. 

The proposal also includes an operational support Chapter in view of a possible stepping up of 
the support by the EU agencies upon request of the three Member States concerned.  

• 

Consistency with existing policy provisions in the policy area 

This  proposal  is  fully  consistent  with  the  New  Pact  on  Migration  and  Asylum  adopted  in 
September 2020 and the accompanying legislative proposals.  

• 

Consistency with other Union policies 

This proposal is consistent with the need to sustain a reduced pressure from irregular arrivals 
and maintain strong external borders in line with the comprehensive approach  set out in the 
New  Pact  on  Migration  and  Asylum.  It  complements  the  Schengen  Borders  Code  and  the 
upcoming  Schengen  reform,  in  which  the  Commission  intends  to  propose  a  permanent 
framework for addressing possible situations of instrumentalisation that may still confront the 
Union in the future. It also aims to reduce onward movements of irregular migrants and stress 
on the Schengen area. Swift and effective return and readmission are effectively addressed in 
a  situation  of  instrumentalisation,  in  line  with  the  comprehensive  approach  to  migration 
management set out in the New Pact on Migration and Asylum. It is also consistent with, and 

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should  be  used  in  parallel  to,  the  Union’s  external  action,  such  as  EU  restrictive  measures. 
This proposal is part of a comprehensive set of EU actions to  counter the hybrid attack and 
artificially created migratory pressure at the EU borders. 

2. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the measures 

(1) 

Emergency migration and asylum management procedure at the external borders 

Faced with  a  hybrid attack,  Latvia,  Lithuania  and Poland have been forced to  restrict to  the 
minimum the border traffic by limiting the number of border crossing points open with a view 
to preventing unauthorised entry and protecting their national security and territorial integrity.  

However,  many  migrants  are  still  stranded  in  the  territory  of  the  three  Member  States 
concerned  and  the  situation  remains  volatile  on  the  Belarusian  side  of  the  border  with 
irregular  arrivals  still  continuing  to  come.  To  ensure  a  coherent  approach  with  the  border 
control measures in the current emergency situation and allow Latvia, Lithuania and Poland to 
manage the current flows but also the people already present in their territories, this proposal 
sets  up  an  emergency  migration  and  asylum  management  procedure  in  relation  to  third-
country  nationals  apprehended  or  found  in  the  vicinity  of  the  border  with  Belarus  after  an 
unlawful entry or after having presented themselves at border crossing points. 

(a)  Asylum procedure at the external borders 

The main features of this procedure are: 

 

Possibility  for  the  Member  States  concerned  to  register  an  asylum 
application and offer the possibility for its effective lodging only at specific 
registration  points  located  at  the  vicinity  of  the  border  including  the 
border crossing points designated for that purpose  

Under this procedure, it should be possible for the Member States concerned to require that 
the registration and lodging of applications for international protection take place at  specific 
registration  points  located  at  the  vicinity  of  the  border,  which  may  also  include  the  border 
crossing points designated for that purpose. This would allow a more orderly management of 
the  flows  and  is  also  in  accordance  with  the  possibilities  already  offered  by  the  Asylum 
Procedures Directive. 

Under  Article  6(3)  of  the  Asylum  Procedures  Directive,  a  Member  State  may  require  that 
applications  for  international  protection  be  lodged  at  a  designated  place.  However,  the 
Directive does not specify where the registration shall take place. Article 6(1) of the Directive 
only  requires  that  when  a  person  makes  an  application  for  international  protection,  the 
application  must  be  registered.  Member  States  can  therefore  designate  specific  registration 
points, which may include border crossing points, as the place for registering and lodging an 
application  for  international  protection.  Under  Article  6(2)  Member  States  shall  ensure  that 
applicants have an effective opportunity to lodge an application made as soon as possible. For 
this  reason,  and  to  ensure  a  genuine  and  effective  access  to  the  asylum  procedure,  Latvia, 
Lithuania  and  Poland  must  ensure  that  a  sufficient  number  of  registration  points,  including 
border  crossing  points,  are  designated  and  open  for  such  purpose  and  that  the  applicants 
receive  information  about  the  location  of  the  nearest  points  where  their  application  can  be 
lodged. 

 

Registration deadline extended to up to four weeks 

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The specific asylum procedure at the external borders provides that the registration deadline 
for  applications  for  international  protection  would  be  up  to  four  weeks  (as  opposed  to  the 
Asylum Procedures Directive which sets three or six days and in case of mass influx up to 10 
days). 

Latvia,  Lithuania  and  Poland  may  need  this  flexibility  to  respond  effectively  to  the  hostile 
actions  by  Belarus  whilst  enabling  them  to  managing  the  sudden  inflow  given  the 
instrumentalisation situation and hybrid attack by Belarus. 

Given the sudden and unforeseeable interference/intervention by Belarus, the Member States 
concerned  need  to  deviate  resources  to  protect  their  territorial  integrity  in  addition  to 
managing the third-country nationals arriving at their borders. As a result, the Member States 
concerned may need time to reorganise their resources and increase their capacity, including 
with the support of the EU agencies. 

If  Member  States  make  use  of  the  longer  registration  deadline,  they  shall  prioritise  the 
registration and the examination of applications that are likely to be well-founded or lodged 
by minors and their family members. 

 

Possibility  to  apply  the  accelerated  procedure  at  the  border  for  all 
applications 

In  the  current  situation,  the  measures  should  support  the  Member  States  concerned  in 
protecting their territorial integrity and preventing the entry of those who do not fulfil entry 
conditions, while protecting the fundamental rights. The possibility to examine an application 
at  the  border  without  authorising  entry  to  the  territory  in  accordance  with  Article  43  of  the 
Asylum  Procedures  Directive  offers  this  kind  of  protection  but  under  the  current  rules,  the 
merits  of  applications  may  be  examined  in  a  border  procedure  only  in  a  limited  set  of 
circumstances. Although this could be the case, under certain conditions, for applicants who 
entered the territory unlawfully, this Decision extends this possibility to all applicants by not 
excluding any category of applicants. 

The  proposal  allows,  under  the  specific  asylum  procedure,  Latvia,  Lithuania  and  Poland  to 
apply  the  accelerated  border  procedure  to  decide  on  the  admissibility  and  substance  of  all 
applications, except where adequate support for applicants with particular health issues cannot 
be  provided.  This  measure  will 
target  for 
instrumentalisation third-country nationals to whom the border procedure cannot be applied. 
As  provided  for  in  the  Asylum  Procedures  Directive  and  explicitly  stated  in  this  proposal, 
during the border procedure the basic principles and guarantees of Chapter II of the Asylum 
Procedures Directive apply to ensure that the rights of those who seek international protection 
are  protected,  while  maintaining  the  right  to  asylum  and  respect  of  the  non-refoulement 
principle.  Furthermore,  the  proposal  includes  the  mandatory  prioritisation  of  well-founded 
claims and those of families and children.  

the  possibility  for  Belarus 

limit 

to 

In addition, Latvia, Lithuania and Poland may extend the duration of the border procedure for 
sixteen  weeks.  A  decision  on  the  application  including  on  a  possible  appeal  against  an 
administrative decision should be taken within those sixteen weeks. Similar to the extension 
of  the  registration  deadline  above,  a  longer  duration  for  the  border  procedure  can  be 
considered to help the Member States in relation to instrumentalisation of migrants, given the 
nature and sudden character of Belarus’ action. The Member States concerned may need time 
to reorganise their resources and increase their capacity, including with the support of the EU 
agencies.  In  addition,  the  number  of  cases  to  be  processed  in  the  border  procedure  will  be 
larger  (as  in  principle  all  applicants  can  be  subject  to  it)  than  under  normal  circumstances. 

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Therefore,  the  extension  will  help  the  Member  State  to  apply  the  fiction  of  non-entry  for  a 
longer period of time providing for more flexibility to deal with the increased workload. 

Latvia,  Lithuania  and  Poland  may  also  extend  the  application  of  the  rules  set  out  in  Article 
46(6) of the Asylum Procedures Directive, which allows Member States to limit the automatic 
suspensive  effect  of  an  appeal,  to  all  border  procedures  and  instead  confer  on  a  court  or 
tribunal the power to rule whether or not the applicant may remain on the territory provided 
that the guarantees under Article 46(7) and (8) are respected.  

Given  the  safeguards  provided  in  the  Asylum  Procedures  Directive  and  the  Reception 
Conditions Directive, also in the context of the asylum procedure at the border, detention of 
applicants  should  be  a  measure  of  last  resort,  where  other  sufficient  but  less  coercive 
measures cannot be applied in a specific case. Therefore, the asylum procedure will not imply 
a systematic detention  of applicants.  In order to  allow vulnerable  applicants  to  benefit  from 
their rights, where the state of the health of the applicant does not ensure the examination of 
the application at the border or transit zones with the necessary support, Latvia, Lithuania and 
Poland shall not apply the border procedure. 

(b)  Material reception conditions – Possibility to cover only basic needs 

In a situation of instrumentalisation, where there is a sudden arrival of third country nationals, 
it  might  be  difficult  for  the  Member  State  to  ensure  the  material  reception  conditions 
standards  are  met.  However,  Latvia,  Lithuania  and  Poland  need  to  ensure  that  any  actions 
respect  basic  humanitarian  guarantees,  such  as  providing  third-country  nationals  on  their 
territory  with  food,  water,  clothing,  adequate  medical  care,  assistance  to  vulnerable  persons 
and temporary shelter, as also set out by the European Court of Human Rights in recent orders 
for interim measures in relation to these Member States. 

Article 18(9) of the Reception Conditions Directive allows the Member State, in duly justified 
cases and under certain conditions, to set modalities for material reception conditions different 
from  those  provided  in  the  Reception  Conditions  Directive,  if  in  any  event  basic  needs  are 
covered. This proposal extends the possibility to set different material reception conditions in 
the current situation of instrumentalisation of migrants provided that basic needs are covered, 
including  temporary  shelter,  food,  water,  clothing,  adequate  medical  care,  assistance  to 
vulnerable persons, in full respect of the right to human dignity. 

(c)  Return procedure at the external borders 

In  order  to  help  Latvia,  Lithuania  and  Poland  cope  with  the  current  inflow  of  third  country 
nationals,  the  proposal  includes  a  possibility  to  derogate  from  the  application  of  Directive 
2008/115/EC  for  third  country  nationals  and  stateless  persons  whose  application  for 
international protection has been rejected in accordance with the procedure set out in Article 2 
of  this  proposal.  In  relation  to  third  country  nationals  who  did  not  apply  for  international 
protection, the provision of Article 2(2)(a) of the Return Directive can be applied by Latvia, 
Lithuania and Poland. The derogation set out in Article 3 of this proposal aims at establishing 
a  mechanism  that  is  similar  to  the  derogation  as  set  out  in  Article  2(2)(a)  of  the  Return 
Directive specifically for those third country nationals and stateless persons whose application 
for international  protection has been rejected in  accordance with  the procedure  as set  out  in 
Article 2 of this proposal. 

(d)  Additional safeguards 

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The  proposal  ensures  that  arrangements  exist  securing  the  right  to  request  protection  in  a 
genuine and effective manner by ensuring sufficient locations where applicants can formally 
lodge  the  application  for  asylum  are  available.  In  order  to  guarantee  access  to  the  asylum 
procedure, Latvia, Lithuania and Poland shall duly inform third-country nationals or stateless 
persons in a language which the third-country national understands or is reasonably supposed 
to understand about the measures applied, the points accessible for registering and lodging an 
application  for  international  protection,  in  particular  the  location  of  the  nearest  point  where 
they  can  lodge  an  application  for  international  protection,  the  possibility  to  challenge  the 
decision taken on the application, and the duration of the measures. 

(2) 

Operational support by EU agencies 

As the effects of the Belarus’ actions might easily spill over (or even have as their objective) 
to impact more broadly neighbouring Member States and the European Union, it is necessary 
to  foresee  the  means  for  providing  support  at  EU-level.  If  Latvia,  Lithuania  and  Poland 
request  support  from  EU  agencies,  the  agencies  should  prioritise  their  operational  support. 
This would particularly be the case for the European Asylum Support Office (EASO) which 
can  help  register  and  process  the  applications,  to  ensure  screening  of  vulnerable  migrants, 
support  the  management,  design  and  putting  in  place  of  adequate  standards  of  reception 
facilities; or from Frontex to support border control activities, including screening and return 
operations, or from Europol to provide intelligence.  

(3) 

Other provisions 

The  proposal  also  includes  provisions  on  cooperation,  between  the  Commission,  Member 
States and EU agencies, as well as on the obligation of Member States to continue reporting 
relevant  data  and  statistics  via  the  EU  Migration  Preparedness  and  Crisis  Management 
Network, and for the Commission to regularly assess the situation. It also includes provision 
on the personal scope, making sure that persons who arrived prior to this Decision, but still in 
the  context  of  instrumentalisation,  and  whose  applications  for  international  protection  have 
not  yet  been  registered  or  for  whom  the  return  procedure  has  not  started,  are  covered  and 
benefit from the provisions of the Decision. This will ensure legal certainty and predictability 
for these third country nationals about the procedural rules applicable. Several recitals address 
variable geometry, with regard to the matter of participation of Ireland and Denmark in this 
Decision.  The  Member  States  concerned  are  obliged  to  discontinue  any  measure  if  the 
emergency situation no longer exists. 

• 

Legal basis 

This proposal includes provisional measures for the benefit of three Member States (Latvia, 
Lithuania  and  Poland)  which  are  confronted  by  an  emergency  situation  characterised  by  a 
sudden inflow of nationals  of third countries, created by an instrumentalisation of migrants. 
The necessary provisional support measures may go beyond the Common European Asylum 
System.  Therefore,  the  appropriate  legal  basis  for  the  Council  to  adopt  these  provisional 
measures is Article 78(3) TFEU, after consulting the European Parliament. 

According to CJEU jurisprudence2, the concept of ‘provisional measures’ within the meaning 
of Article 78(3) TFEU is sufficiently broad to adopt all the provisional measures necessary to 
respond effectively and swiftly to an emergency situation characterised by a sudden inflow of 

2 

Judgement of 6 September 2017, Slovak Republic and Hungary v Council, Joined Cases C‑643/15 and 
C‑647/15, paragraphs 77, 78 

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nationals  of  third  countries,  in  this  case  created  by  an  instrumentalisation  of  migrants  for 
political  purposes.  These  measures  may  in  principle  also  derogate  from  provisions  of 
legislative  acts.  Generally,  the  Commission  and  the  Council  have  a  broad  discretion  in  the 
choice  of  the  measures  they  take  if  these  respond  rapidly  and  efficiently  to  a  particular 
emergency. These measures can evolve and adapt if they retain their provisional nature3. 

Therefore, in line with this jurisprudence, the proposal includes specific provisional measures 
in  the  areas  regulated  by  the  Asylum  Procedures  Directive  (on  registration,  formal  lodging 
and  the  border  procedure),  the  Reception  Conditions  Directive  and  the  Return  Directive, 
accompanied  by  the  necessary  safeguards  to  respect  fundamental  rights,  and  operational 
support measures by European Union agencies for the benefit and on request of the Member 
States concerned. 

• 

Subsidiarity 

Title V of the TFEU on the Area of Freedom, Security and Justice confers certain powers on 
these  matters  to  the  European  Union.  These  powers  must  be  exercised  in  accordance  with 
Article 5 of the Treaty on the European Union,  i.e., if and in  so far as the objectives of the 
proposed action cannot be sufficiently achieved by the Member States and can, therefore, by 
reason  of  the  scale  or  effects  of  the  proposed  action,  be  better  achieved  by  the  European 
Union. 

A situation where the territorial integrity and security of Member States are at risk because of 
the  sudden  arrival  of  third-country  nationals  due  to  a  third  country  actively  engaging  in 
facilitating the arrival of those third-country nationals should be considered as impacting the 
EU as a whole and therefore requiring EU solutions and EU support. There is a need for all 
Member States to quickly react and rally support to the Member State concerned. 

Achievement of these objectives requires action at the EU level since they are cross-border by 
nature. It is clear that actions taken by individual Member States cannot satisfactorily reply to 
the need for a common EU approach to a common problem. 

Such a common approach cannot be sufficiently achieved by the Member States individually 
and  can,  by  reason  of  the  scale  and  effects  of  this  proposed  Decision,  be  better  achieved  at 
Union level. The Union must therefore act and may adopt measures, in accordance with the 
principle of subsidiarity as set out in Article 5(3) of the Treaty on European Union. 

• 

Proportionality 

In accordance with the principle of proportionality, as set out in Article 5(4) of the Treaty on 
the  European  Union,  this  proposed  Decision  sets  out  the  exact  conditions  when  specific 
asylum  procedural  rules  can  be  applied  as  well  as  provide  for  the  scope  and  time  limit  of 
applying such rules, and necessary safeguards. 

All  the  elements  of  the  measures  proposed  to  deal  with  the  specific  situation  of 
instrumentalisation of migrants are limited to what is necessary to ensure Member States can 
manage the situation in an orderly and effective way while ensuring the equality of treatment 
in terms of rights and guarantees for applicants. The duration of these measures is also limited 
in  time  to  what  is  strictly  necessary  to  enable  the  Member  States  concerned  to  address  the 
situation that endangers their security or territorial integrity.  

The  proposal  establishes  safeguards  for  applying  the  derogations.  These  measures  are 
proposed together with other measures and when foreign policy measures are starting to yield 

3 

Joined Cases C‑643/15 and C‑647/15, paragraph 133, 134 

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results  to  help  the  Member  States  concerned  to  manage  the  situation,  particularly  given  the 
significant  number  of  third  country  nationals  still  arriving  into  these  three  Member  States 
from Belarus and as there is still a significant number of migrants stranded in the EU-Belarus 
border.  The  Commission  proposes  them  as  a  matter  of  urgency  and  as  measures  of  an 
extraordinary and exceptional nature, limited in time. 

The specific measures in those aspects regulated by the Asylum Procedures Directive and the 
Return  Directive  are  proportionate,  with  a  number  of  safeguards  put  in  place  that  strike  a 
balance between the immediate needs of the Member States concerned in order to manage the 
situation  of  instrumentalisation  and  the  necessary  protection  of  the  third  country  nationals 
being instrumentalised.  

• 

Choice of the instrument 

The  legal  basis  of  Article  78(3)  TFEU  for  this  proposal  requires  a  Council  Decision,  after 
consulting the European Parliament. 

• 

Fundamental rights 

This  proposal  respects  fundamental  rights  and  observes  the  principles  recognised,  in 
particular,  by  the  Charter  of  Fundamental  Rights  of  the  European  Union,  as  well  as  the 
obligations stemming from international law. 

The framework provided for in this Decision shall be applied in full respect of fundamental 
rights as enshrined in the Charter, including the right to human dignity (Article 1), prohibition 
of torture and inhuman or degrading treatment or punishment (Article 4), the right to liberty 
and  security  (Article  6),  the  right  to  asylum  (Article  18),  the  prohibition  of  collective 
expulsions  and  protection  from  refoulement  (Article  19(1)  and  (2)),  the  right  to  non-
discrimination  (Article  21),  the  principle  of  equality  between  men  and  women  (Article  23), 
the  rights  of  the  child  (Article  24)  and  the  right  to  an  effective  remedy  (Article  47).  This 
proposal  fully  takes  into  account  the  special  needs  of  vulnerable  persons.  The  safeguards 
provided  for  children  and  vulnerable  persons  in  the  Reception  Conditions  Directive 
2013/33/EU shall be of primary consideration for competent authorities. 

The right to liberty and freedom of movement is protected given that, if detention is used in 
the  context  of  the  asylum  border  procedure  or  in  the  area  of  return,  such  rules  can  only  be 
applied  in  a  strictly  regulated  framework  and  for  a  limited time.  Under  Article  26(1)  of  the 
Asylum Procedures Directive, Member States shall not hold a person in detention for the sole 
reason that he or she is an applicant. The same provision references Article 8 of the Reception 
Conditions Directive for the grounds and conditions of detention. In accordance with Article 
8(3)(c)  of  the  Reception  Conditions  Directive,  an  applicant  may  be  detained  in  order  to 
decide, in the context of a procedure, on the applicant’s right to enter the territory. Article 8(2) 
also  provides  that  Member  States  may  detain  an  applicant  only,  if  other  less  coercive 
alternative measures – like restrictions to freedom of movement under its Article 7 – cannot 
be applied effectively.   

The principle of non-refoulement enshrined in Article 33 of the 1951 Refugee Convention and 
Article  19  of  the  Charter  of  Fundamental  Rights  of  the  European  Union  is  also  respected 
when  derogations  from  the  Return  Directive  are  applied.  The  proposal  explicitly  recalls  the 
duty of Member States to always observe this principle in the fulfilment of their obligation to 
control  borders.  Respecting  the  principle  of  non-refoulement  includes  an  assessment  of 
whether there is neither a risk of persecution, torture or inhumane or degrading treatment, nor 
a risk of chain refoulement. 

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As regards the application of the asylum border procedure and the derogation from the Return 
Directive, the basic principles and guarantees provided by the Asylum Procedures Directive, 
the Reception Conditions Directive and the Return Directive remain applicable to applicants 
subject  to  the  border  procedure.  Furthermore,  the  proposal  includes  the  mandatory 
prioritisation of well-founded claims and those of families and children. It is to the benefit of 
these  applicants  to  have  their  asylum  applications  decided  upon  as  quickly  as  possible.  The 
proposal guarantees the right to an effective remedy, ensuring that Courts have power to rule 
whether  or  not  the  applicant  may  remain  on  the  territory  of  the  Member  State  pending  a 
decision on an appeal and with the right guarantees applicable to enable an applicant to make 
such requests to the Courts. 

3. 

• 

CONSULTATIONS OF INTERESTED PARTIES 

Evidence-based policy-making 

The  proposal  was  prepared  as  a  matter  of  urgency.  It  can  rely  on  the  work  conducted  in 
preparation  of  the  crisis  and  force  majeure  proposal  in  the  context  of  the  New  Pact  on 
Migration and Asylum and on information provided by stakeholders during the consultation 
process since the beginning of the hybrid threat in the summer of 2021. 

• 

Stakeholder consultations and Collection and use of expertise 

Since  the  beginning  of  the  situation  of  a  hybrid  threat  emerged  in  the  summer  of  2021,  the 
Commission has been consulting all relevant stakeholders on how to cope with the situation. 
The  Member  States  concerned  by  the  current  instrumentalisation,  in  particular  Lithuania, 
suggested  concrete  legislative  initiatives,  which  in  their  view  would  adequately  address  the 
situation. This proposal takes on board a number of these suggestions. The Commission met 
and  exchanged  letters  with  international  and  non-governmental  organisations,  which  have 
been assessing the situation and proposed adequate reaction. The Commission visited Poland 
and Lithuania several times, both at a political and at a technical level. During these visits, the 
Commission,  other  than  meeting  the  national  authorities,  gathered  information  from  the 
national  branches  of  UNHCR  and  IOM,  and  from  national  non-governmental  human  rights 
organisations supporting migrants in the border regions. 

4. 

BUDGETARY IMPLICATIONS 

Due to the nature of this proposal linked to a case of instrumentalisation of migrants, it is not 
possible to  estimate a priori the possible budgetary impact.  It  will be accommodated within 
the budget of the existing EU funding instruments under the period 2014-2020 and 2021-2027 
in the field of migration, asylum and border management. Where exceptionally necessary, if 
the situation aggravates further, the flexibility mechanisms within the MFF 2021-2027 could 
be  used.  The  European  Commission  and  the  Member  States  have  been  discussing  the 
financial  needs  arising  from  the  situation  at  the  external  borders  with  Belarus  on  a  regular 
basis.  As  a  result,  the  European  Commission  provided  emergency  assistance  support  to 
Lithuania  this  autumn,  while  Lithuania,  Latvia  and  Poland  have  taken  measures  to  shift 
(unspent) resources under their 2014-2020 national programmes of these funding instruments. 
In  this  context,  in  addition  to  the  €360  million  foreseen  for  these  Member  States  under  the 
BMVI for this financial period, a further top-up of around €200 million will be available for 
2021 and 2022, from within existing resources, mainly the BMVI Thematic Facility envelope. 
Continued regular dialogue will enable the optimal use of the available resources under these 
instruments. 

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For the reason mentioned above, it is not possible to estimate a priori the possible budgetary 
impact  on  the  decentralised  agencies  concerned.  They  have  some  flexibility  within  their 
existing  budgets  but,  depending  on  future  developments  and  reflecting  the  fact  that  the 
agencies’ resources are limited, it is not excluded that a redeployment of resources might be 
needed. 

The  financial  needs  in  this  proposal  are  compatible  with  the  current  multiannual  financial 
framework and might entail the use of special instruments. 

In  terms  of  the  asylum  procedural  aspects,  this  proposal  does  not  impose  any  additional 
financial or administrative burden on the Union. On those parts, therefore, it has no impact on 
the Union budget. 

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2021/0401 (CNS) 

Proposal for a 

COUNCIL DECISION 

on provisional emergency measures for the benefit of Latvia, Lithuania and Poland 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 78(3) thereof, 

Having regard to the proposal from the European Commission, 
Having regard to the opinion of the European Parliament4, 

Whereas: 

(1) 

(2) 

(3) 

According  to  Article  78(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFEU),  in  the  event  of  one  or  more  Member  States  being  confronted  by  an 
emergency situation characterised by a sudden inflow of nationals of third countries, 
the  Council,  on  a  proposal  from  the  Commission  and  after  consulting  the  European 
Parliament,  may  adopt  provisional  measures  for  the  benefit  of  the  Member  State(s) 
concerned. 

Since the summer of 2021, the Union as a whole, and Latvia, Lithuania and Poland in 
particular  have  experienced  a  hybrid  threat,  in  the  form  of  instrumentalisation  of 
people.  This  has  resulted  in  an  unprecedented  increase  in  irregular  border  crossings 
from Belarus. While recent years saw almost no attempts to cross the external borders 
irregularly from Belarus into the EU, this is now a daily reality. This has been initiated 
and  organised  by  the  Lukashenko  regime,  luring  migrants  at  the  border  with  the 
cooperation of migrant smugglers and criminal networks. 

This instrumentalisation has resulted in a grave situation for these migrants at external 
borders  of  the  European  Union  with  Belarus.  Belarus’  actions  have  created  a 
humanitarian  crisis,  with  a  number  of  fatalities  already  confirmed.  The  primary 
responsibility  for  addressing  this  crisis  lies  with  Belarus.  It  is  bound  by  the  Geneva 
Convention,  including  the  principle  of  non-refoulement.  Therefore,  Belarus  must 
provide for adequate protection of the migrants on its territory and cooperate with the 
United  Nations  High  Commissioner  for  Refugees  (UNHCR)  and  the  International 
Organization for Migration (IOM) to this end. While limited access has hindered the 
task of assessing needs on the Belarusian side of the border, the Commission has been 
working  very  closely  with  the  United  Nations  and  its  specialised  agencies  and  with 
relevant  human  rights  and  humanitarian  partner  organisations  in  order  to  prevent  a 
humanitarian  crisis  from  further  unfolding,  also  in  view  of  deteriorating  weather 
conditions. Recent decisions have mobilised EUR 700 000 in humanitarian funding in 
order to support partners in providing assistance to vulnerable people stranded at the 
border and inside Belarus. 

4 

OJ C , , p. . 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

Because of this instrumentalisation, in 2021, as of 21 November, 7 831 third country 
nationals have entered the territories of Latvia, Lithuania and Poland from Belarus in 
an unauthorised manner, compared to 257 in the entire 2020. There have been 2 676 
asylum applications in Lithuania, 579 applications in Latvia and 6 730 applications in 
Poland.  In  addition,  42 741  attempts  to  cross  were  prevented  by  the  three  Member 
States. While an exact estimate would be difficult to give, up to 10 000 more migrants 
may be currently stranded in Belarus with further arrivals on a daily basis. 

The  Union  has  strongly  condemned  this  instrumentalisation  of  vulnerable  migrants 
and  refugees,  at  the  highest  level.  The  European  Council  addressed  this  threat  at  its 
meetings of June and October 20215. In the State of the Union address, President von 
der  Leyen  identified  the  Belarus  actions  as  a  hybrid  attack  to  destabilise  Europe6. 
These actions show a determined attempt to create a continuing and protracted crisis as 
part of a broader concerted effort to destabilise the European Union and undermining 
society  and  key  institutions.  They  represent  a  real  threat  and  present  danger  to  the 
Union’s security. 

The  current  proposal  follows  the  invitation  of  the  European  Council  to  the 
Commission in its conclusions of 22 October to propose any necessary changes to the 
Union’s  legal  framework  and  concrete  measures  to  ensure  an  immediate  and 
appropriate  response  to  the  hybrid  threat  in  line  with  Union  law  and  international 
obligations. It also responds to a request by the impacted Member States to be able to 
rely  on  provisional  measures  to  address  the  emergency  migratory  situation  at  the 
Union’s  external  borders  effectively.  Those  measures  would  aim  to  further  support 
Latvia,  Lithuania  and  Poland  in  managing  the  current  situation  in  a  controlled  and 
swift manner, while fully respecting fundamental rights and international obligations. 

To  respond  to  the  current  emergency  situation,  Lithuania,  Latvia  and  Poland  have 
declared  the  state  of  emergency  and  have  intensified  border  surveillance  and  other 
border control measures to protect the Union’s integrity and security. As part of these 
measures,  these  Member  States  have  been  forced  to  limit  the  number  of  border 
crossing  points  open  and  deployed  a  significant  number  of  border  guards  along  the 
land border with Belarus. They must, in addition, manage  the third-country nationals 
arriving  at  their  borders  many  of  whom  are  seeking  or  intend  to  seek  international 
protection in the European Union and those already present in their territories. 

The  Union  has  shown  its  resolute  support  to  these  Member  States  that  are  being 
targeted by the Belarusian regime and who are managing the external border on behalf 
of the EU.  

The Commission has granted emergency financial assistance to Lithuania.  It has also 
provided, in addition to the €360 million foreseen for these Member States under the 
Border Management  and Visa  Instrument  (BMVI) for this  financial period, a further 
top-up of around €200 million that will be available for 2021 and 2022. Furthermore, 
Lithuania activated the EU Civil Protection Mechanism and the Commission has been 
coordinating  assistance  from  19  Member  States.  Through  the  Mechanism,  Lithuania 
has received tents, beds, heating systems and other items crucial to attend the needs of 
the migrants present in the territory of Lithuania. This option remains open to Latvia 
and Poland. 

5 
6 

EUCO conclusions 24-25 June 2021 and 20-21 October 2021. 
State of the Union 2021 Address, 15 September 2021. 

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(10) 

In  addition,  the  European  Border  and  Coast  Guard  Agency  (Frontex),  the  European 
Asylum Support Office (EASO) and Europol have been providing operational support 
to  the  Member  States  who  requested  their  assistance  to  help  them  cope  with  the 
current  crisis  situation.  In  particular,  the  agencies  have  deployed  experts  to  process 
asylum applications, carry out border control and intelligence measures and have been 
working to reinforce return capacity and carry out return operations. This operational 
support has already resulted in substantial numbers of return operations. The agencies 
can now provide a further step forward in operational support and it is important for 
the three Member States concerned to make full use of that support. 

(11)  This financial and operational support has been underpinned by actions in the foreign 
policy  domain  aimed  at  addressing  the  instrumentalisation  situation  and  curtailing 
arrivals. In addition to the comprehensive package of economic and financial sanctions 
and the ban of Union airspace and on access to Union airports by Belarusians carriers 
as a reaction to the fraudulent elections and the Ryanair flight diversion, the Union has 
taken additional measures as a specific response to the instrumentalisation of migrants 
by Belarus. On 9 November 2021, the Council adopted the Commission proposal on 
the  partial  suspension  of  the  EU-Belarus  Visa  Facilitation  Agreement.  On  15 
November 2021, the Council amended the EU sanctions regime regarding Belarus and 
the  Union  is  now  also  able  to  target  both  individuals  and  entities  organising  or 
contributing  to  activities  that  facilitate  illegal  crossing  of  the  EU’s  borders.  On  23 
November, the Commission tabled a proposal to  prevent  and restrict the activities of 
transport operators that engage in or facilitate smuggling or trafficking of people into 
the Union. 

(12)  The Commission, the High Representative, assisted by the European External Action 
Service,  and  the  Member  States  have  undertaken  intense  diplomatic  efforts  towards 
the  main  countries  of  origin  and  of  transit  to  prevent  further  arrivals  of  nationals  of 
these countries through Belarus. These efforts have included outreach and stepped up 
visits  to  key  partner  countries  of  origin  and  transit 
to  counter  Belarusian 
disinformation,  curtail  departures  and  get  support  for  receiving  back  their  own 
nationals currently stranded in Belarus. The outreach has also included direct contacts 
with airlines and civil aviation authorities, to explore ways to help limit non bona fide 
travel to Belarus. 

(13)  These  diplomatic,  humanitarian,  operational  and  financial  efforts  undertaken  by  the 
Union or its Member States have led to rapid results. Transit routes being exploited by 
smugglers to bring migrants to the Belarusian border are being shut down one by one. 
However, the actions orchestrated by Belarus are still representing a real and present 
danger to the security of the Union and of the Member States concerned as well as to 
their  territorial  integrity.  Indeed,  the  context  remains  very  volatile  with  Belarus 
continuing  instrumentalising  migrants  who  are  still  arriving  at  the  Union’s  external 
border, thereby constituting a hybrid attack on the EU. 

(14)  As a result, the situation on the ground remains challenging for Latvia, Lithuania and 
Poland  with  thousands  of  migrants  stranded  in  their  territory  and  at  the  EU-Belarus 
border  and  with  third  country  nationals  who  continue  to  arrive.  Given  the  current 
volatile  and  difficult  situation  in  the  three  Member  States  concerned,  it  is  therefore 
necessary to adopt provisional measures for the benefit of these Member States.  

(15)  The  measures  should  equip  the  Member  States  concerned  with  the  necessary  legal 
tools to respond rapidly and efficiently to the emergency situation characterised by a 
sudden inflow of nationals of third countries with which Latvia, Lithuania and Poland 

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are  confronted.  These  provisional  measures  may  include  all  measures  necessary  to 
respond effectively and swiftly to the current attack. These measures may in principle 
also derogate from provisions of legislative acts. 

(16)  The  measures  adopted  in  this  Decision  are  of  a  temporary,  extraordinary  and 
exceptional  nature,  and  need  to  be  taken  so  as  to  allow  an  orderly  and  dignified 
management  of  the  flows  in  full  respect  of  fundamental  rights,  and  to  protect  the 
territorial integrity and national security of the Member States concerned. 

(17)  Based  on  the  assessment  of  the  current  emergency  situation,  establishing  an 
emergency  migration  and  asylum  management  procedure  at  the  external  borders, 
derogating  from  some  of  the  provisions  of  the  Asylum  Procedures  Directive 
2013/32/EU, the Reception Conditions Directive 2013/33/EU and the Return Directive 
2008/115/EC, is considered the most suited to support the Member States concerned. 
The  emergency  migration  and  asylum  management  procedure  and  the  operational 
support measures foreseen in this Decision should help the Member State concerned to 
manage the situation in a controlled and effective way while ensuring full respect for 
fundamental  rights  and  international  obligations  as  stressed  in  the  European  Council 
call to the Commission. In particular, the measures in this Decision respect the right to 
asylum by ensuring a genuine and effective access to the procedure and the principle 
of non-refoulement. 

(18)  The emergency migration and asylum management procedure at the external borders 
set  out  in  this  Decision  respects  and  is  to  be  applied  in  full  compliance  with  the 
Charter of Fundamental  Rights  of the European  Union, in  particular Articles 1, 4, 7, 
24,  18  and  19(1)  and  (2)  thereof.  In  order  to  reflect,  in  particular,  the  primary 
consideration that must be given to the best interests of the child, the need to respect 
family  life,  and  to  ensure  the  protection  of  the  health  of  the  persons  concerned,  this 
Decision  should  provide  for  specific  rules  and  safeguards  applying  in  respect  of 
minors  and  their  family  members  and  of  applicants  whose  state  of  health  requires  a 
specific  and  adequate  support.  The  guarantees  set  out  in  Directive  2013/32  (the 
Asylum  Procedures  Directive)  and  Directive  2013/33  (the  Reception  Conditions 
Directive)  in  relation  to  applicants  with  special  needs  or  vulnerabilities  should 
continue to apply in respect of persons subject to the emergency migration and asylum 
management  procedure.  Directive  2013/33,  including  the  rules  and  safeguards 
concerning the detention of applicants for international protection, should continue to 
be applied, from the moment an application for international protection is made. The 
possibility  to  derogate  from  certain  provisions  of  this  Directive  should  be  without 
prejudice to the obligation for Member States to ensure at all times respect for human 
dignity and to cater, in particular, for the basic needs of third country nationals subject 
to the emergency migration and asylum management procedure.  

(19)  Setting  an  emergency  migration  and  asylum  management  procedure  at  the  external 
borders, tailored to the specific needs of the Member States concerned, is necessary as 
the  current  provisions  of  the  Asylum  Procedures  Directive  do  not  provide  with 
adequate tools to effectively respond to the current emergency situation characterised 
by the instrumentalisation of migrants by Belarus. While some of the provisions of the 
Asylum  Procedures  Directive  2013/32/EU  can  be  applied  to  address  the  current 
situation in an orderly way, they are not specifically designed for a situation where the 
Union’s integrity and security is under attack as a result of the instrumentalisation of 
migrants. Therefore, specific procedural provisions, in particular setting an emergency 
asylum  and  migration  management  procedure,  are  needed  to  cater  for  this  particular 

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emergency situation. For the aspects not specifically regulated in this Decision, all the 
other rules and guarantees of the Asylum Procedures Directive should apply. 

(20)  To assist the Member States concerned in the orderly management of the flows, under 
the  emergency  migration  and  asylum  management  procedure,  Latvia,  Lithuania  and 
Poland may decide, in relation to third country nationals or stateless persons that have 
been apprehended or found in the vicinity of the border with Belarus after an unlawful 
entry  or  after  having  presented  themselves  at  border  crossing  points,  to  register 
applications for international protection only at specific registration points designated 
for  this  purpose  situated  in  the  vicinity  of  the  border,  which  may  include  specific 
border crossing points, and provide an effective possibility for lodging an application 
for  international  protection  only  at  the  specific  points  that  have  been  designated  for 
such purposes and which should be easily accessible. An effective and genuine access 
to  the international  protection procedure must nevertheless be ensured in accordance 
with  Article  18  of  the  Union  Charter  of  Fundamental  Rights.  To  this  end,  Latvia, 
Lithuania  and  Poland  should  ensure  that  sufficient  registration  points,  which  may 
include border crossing points, are designated and open for such purpose. Applicants 
should be duly informed about the locations where their application will be registered 
and can be lodged. 

(21) 

(22) 

In order to ensure that the Member States concerned have the necessary flexibility and 
avoid  that  Belarus  targets  specific  categories  of  third-country  nationals,  it  should  be 
possible, under the emergency migration and asylum management procedure set out in 
this Decision, for the Member States concerned to take a decision in the framework of 
a  border  procedure  under  Article  43  of  the  Asylum  Procedures  Directive  on 
admissibility  and  the  merits  of  all  applications  for  international  protection  by  third 
country  nationals  or  stateless  persons  apprehended  or  found  in  the  vicinity  of  the 
border  with  Belarus  after  an  unlawful  entry  or  who  presented  themselves  at  border 
crossing points. The guarantees set in Chapter II of the Asylum Procedures Directive 
have to be respected. 

In the  emergency  migration  and  asylum  management  procedure, the best interests of 
child  and  the  safeguards  for  applicants  with  medical  conditions  should  be  a  primary 
consideration  for  the  competent  authorities.  For  this  reason,  under  the  emergency 
migration  and  asylum  management  procedure,  Latvia,  Lithuania  and  Poland  should 
prioritise the examination of applications from those persons with well-founded claims 
or of minors and their family members. Furthermore, where the state of the health of 
the  applicant  does  not  permit  to  conduct  the  examination  of  the  application  at  the 
border  or  transit  zones,  Latvia,  Lithuania  and  Poland  should  not  apply  the  border 
procedure. This should also be the case if the health problems become apparent during 
the  examination  of  the  application.  If  during  the  examination  of  the  application,  it 
becomes  apparent  that  an  applicant  is  in  need  of  special  procedural  guarantees,  and 
adequate  support  cannot  be  provided  in  the  context  of  the  asylum  procedure  at  the 
border,  in  accordance  with  Article  24(3)  of  the  Asylum  Procedures  Directive,  the 
Member State concerned should refer the applicant to the normal procedure within the 
territory. 

(23) 

In accordance with Article 26(1) of the Asylum Procedures Directive, Member States 
should not hold a person in detention for the sole reason that he or she is an applicant. 
In case of detention, the grounds and conditions of detention set out in Article 8 of the 
Reception Conditions Directive should apply. In accordance with Article 8(3)(c) of the 
Reception  Conditions  Directive,  an  applicant  may  be  detained  in  order  to  decide,  in 
the context of a procedure, on the applicant’s right to enter the territory. Article 8(2) 

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also provides that Member States may detain an applicant only, if other less coercive 
alternative measures – like restrictions to freedom of movement under its Article 7  – 
cannot  be  applied  effectively.  The  safeguards  for  detention  as  provided  for  in  the 
Reception Conditions Directive are to apply, in particular for specific groups such as 
minors and their families. Alternatives to detention, such as restrictions in the freedom 
of movement, may be as effective as detention in the current circumstances and should 
therefore be considered by the authorities, particularly for minors. 

(24)  The  emergency  migration  and  asylum  management  procedure  under  this  Decision 
allows  Member  State  to  extend  the  registration  deadline  for  applications  for 
international protection to up to four weeks and the maximum duration for applying a 
border  procedure  to  sixteen  weeks,  during  which  a  decision  on  the  application, 
including a decision on a possible appeal against a negative decision, should be taken. 
These procedural timelines, which are longer than those under the Asylum Procedures 
Directive,  are  conceived  to  help  the  Member  States  concerned  in  relation  to  dealing 
with  the sudden inflow,  in  a situation of instrumentalisation  of migrants. Confronted 
with  the  current  situation,  the  Member  States  concerned  need  to  divert  resources  to 
protect  their  territorial  integrity  in  addition  to  managing  the  third  country  nationals 
arriving at their borders or that are already present in their territories. As a result, the 
Member  States  concerned  may  need  time  to  reorganise  their  resources  and  increase 
their capacity, including with the support of the EU agencies. Furthermore, the number 
of  applicants  under  the  border  procedure  will  be  higher  than  under  normal 
circumstances, and therefore the Member State  concerned may need more time to be 
able  to  take  decisions  without  allowing  entry  into  the  territory.  However,  Latvia, 
Lithuania  and  Poland  should  prioritise  the  registration  of  applications  of  minor 
children and their family members. 

(25)  Any  violent  acts  at  the  border  must  be  avoided  at  all  costs,  not  only  to  protect  the 
territorial integrity and security of the Member State concerned but also to ensure the 
security and safety of the third country nationals, including families and children that 
are awaiting their opportunity to apply for asylum in the Union peacefully. Where the 
Member States concerned are confronted at their external border with violent actions, 
including in the context of attempts by third country nationals to force entry en masse 
and  using  disproportionate  violent  means,  the  Member  States  concerned  should  be 
able to take the necessary measures in accordance with their national law to preserve 
security, law and order, and ensure the effective application of this Decision. 

(26)  Article  18(9)  of  Directive  2013/33/EU  allows  Member  States  to  temporarily  set 
modalities  for  material  reception  conditions  different  from  those  provided  for  in  the 
Directive  in  duly  justified  cases  under  certain  conditions.  The  current  emergency 
situation  is  an  exceptional  situation  that  justifies  providing  for  different  material 
reception  conditions,  since  there  has  been  a  sudden  and  unforeseeable  flow  of  third 
country  nationals  that  need  to  be  processed  and  taken  care  of  at  the  border.  For  this 
reason, in the current emergency situation, the Member State concerned should be able 
to  derogate  from  the  Reception  Conditions  Directive  standards  and  provide  third 
country nationals and stateless persons with temporary shelter, that should be adapted 
to seasonal weather conditions, and cover their basic needs, in particular by providing 
food, water, clothing, adequate medical care, and assistance to vulnerable persons, in 
full respect of the right to human dignity. 

(27) 

In order for Latvia, Lithuania and Poland to better cope with the emergency situation 
characterised by the current irregular flows of third-country nationals, and with a view 
to  complementing  and  ensuring  full  coherence  with  border  measures  and  with  the 

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asylum  procedure  at  the  external  border,  the  Member  States  concerned  should  be 
allowed to provisionally derogate from the application of Directive 2008/115/EC (the 
Return  Directive)  in  relation  to  third  country  nationals  and  stateless  persons  whose 
application  for  international  protection  was  rejected  in  the  context  of  an  asylum 
procedure as set out in this Decision. Where a subsequent application is made merely 
to  delay  or  frustrate  the  return,  Member  States  may  consider  that  application  as 
inadmissible  in  line  with  Article  33(2)(d)  of  the  Asylum  Procedures  Directive.  This 
Decision  is  without  prejudice  to  the  possibility  for  Latvia,  Lithuania  and  Poland  to 
derogate from the application of Directive 2008/115/EC by virtue of Article 2(2)(a) of 
that same Directive, in relation to illegally staying third-country nationals apprehended 
in connection with the irregular crossing by land, sea or air of the external border of a 
Member  State  and  who  have  not  subsequently  obtained  an  authorisation  or  right  to 
stay in that Member State. 

(28)  When  applying  the  derogation  to  the  application  of  the  Return  Directive,  Latvia, 
Lithuania and Poland need to  ensure  full respect of the principle of  non-refoulement 
and  take  due  account  of  the  best  interests  of  the  child,  family  life  and  the  state  of 
health of the third country national concerned as otherwise set out for derogations in 
the  Return  Directive.  They  also  need  to  ensure  that  the  treatment  and  level  of 
protection in relation to limitations on the use of coercive measures, postponement of 
removal,  emergency  health  care  and  needs  of  vulnerable  persons  and  detention 
conditions, is no less favourable than that set out in the Return Directive. 

(29)  Latvia,  Lithuania  and  Poland  should  inform  third-country  nationals  of  the  measures 
applied in  accordance  with this Decision. In particular,  Latvia,  Lithuania  and Poland 
should  inform  third-country  nationals  or  stateless  persons  in  a  language  which  the 
third-country national understands or is reasonably supposed to understand about the 
measures applied, the points accessible for registering and lodging an application for 
international  protection,  in  particular  the  location  of  the  nearest  points  where  their 
application can be lodged, the possibility to appeal the decision on the application, and 
the duration of the measures. 

(30) 

In order to support the Member State concerned in providing the necessary assistance 
to  third  country  nationals  falling  under  the  scope  of  this  Decision,  including  by 
promoting voluntary return activities or by carrying out their humanitarian duties, UN 
agencies  and  other  relevant  partner  organisations,  in  particular  the  International 
Organization  for  Migration  and  the  International  Federation  of  Red  Cross  and  Red 
Crescent Societies, should have effective access to the border under the conditions set 
out  in  the  Reception  Conditions  Directive  and  the  Asylum  Procedures  Directive.  In 
accordance  with  Article  29  of  the  Asylum  Procedures  Directive,  the  United  Nations 
High  Commissioner  for  Refugees  should  be  allowed  access  to  applicants,  including 
those  at  the  border.  To  this  end,  Latvia,  Lithuania  and  Poland  should  work  in  close 
cooperation with UN agencies and relevant partner organisations. 

(31)  Latvia, Lithuania and Poland should apply any measures under this Decision only as 
long as strictly necessary to address the emergency situation and in any case no longer 
than six months. If the situation that led to the application of these specific measures 
were  to  cease  to  exist  before  this  six-month  period,  the  Member  States  concerned 
should  immediately  discontinue  their  application.  The  Commission,  in  cooperation 
with the Member States concerned and relevant EU agencies, should keep the situation 
under constant monitoring and review and propose as appropriate to the Council and 
the Member States concerned the cessation of the application of the measures in this 

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Decision or their eventual prolongation by means of a proposal under Article 78(3) of 
the TFEU. 

(32)  Following a request for support by Latvia, Lithuania and Poland, the European Union 
Agencies  should  assess  their  needs  in  cooperation  with  them.  To  assist  the  three 
Member  States  facing  specific  challenges  arising  from  the  instrumentalisation  of 
migrants  by  Belarus,  the  European  Border  and  Coast  Guard  (Frontex),  the  European 
Asylum  Support  Office  (EASO)  and  Europol  as  well  as  the  Member  States  should 
provide  Latvia,  Lithuania  and  Poland  with  adequate  support  by  prioritising  the 
necessary resources, while continuing to meet the needs of other Member States facing 
migratory pressure. 

(33)  To  assist  the  three  Member  States  facing  specific  challenges  arising  from  the 
instrumentalisation  of  migrants,  the  European  Border  and  Coast  Guard  (Frontex) 
should,  upon  request  of  the  Member  States  concerned,  prioritise  its  support  to  these 
three Member States. In this context, upon a request from one of these Member States, 
the  Frontex  Executive  Director  should  launch  a  rapid  border  intervention  or  return 
intervention  for  a  limited  period  of  time  on  the  territory  of  the  host  Member  State 
concerned  and  deploy  the  necessary  resources.  In  addition,  upon  request  Frontex 
should prioritise the provision of any other type of assistance such as the EUROSUR 
Fusion  Services  or  risk  analysis  products  as  well  as  the  necessary  equipment  to 
enhance the border surveillance. A situation of instrumentalisation of migrants should 
in  addition  result  in  the  European  Border  and  Coast  Guard  Agency  carrying  out  a 
dedicated vulnerability assessment, also to assess any further needs for support. 

(34)  To  support  these  Member  States  facing  specific  challenges  arising  from  the 
instrumentalisation of migrants in implementing the derogations in these Decision, the 
European Asylum Support Office (EASO) should, upon request of the Member States 
concerned, prioritise its support by making available the necessary resources to Latvia, 
Lithuania and Poland, in particular through the deployment of asylum support teams to 
assist amongst others in the registering and processing applications, identification and 
assessment  of  vulnerabilities,  ensuring  adequate  reception  conditions  or  providing 
necessary translation services, expertise and training. 

(35)  To  assist  the  three  Member  States  facing  specific  challenges  arising  from  the 
instrumentalisation  of  migrants,  Europol  should,  upon  request  of  the  Member  States 
concerned, support them through deploying experts, giving priority treatment to their 
requests, providing tailored analysis products, such as threat assessments, strategic and 
operational  analyses  and  situation  reports,  and  keep  supporting  Member  States  in 
combating migrant smuggling and related crimes. 

(36)  Where  appropriate,  the  European  Union  agencies  should  launch  calls  for  experts  to 
respond  to  the  request  for  support  by  Latvia,  Lithuania  or  Poland.  In  this  case,  the 
Member  States  should  be  encouraged  to  provide  the  necessary  experts  with  the 
adequate profiles as soon as possible. In the context of a rapid border intervention or a 
return  intervention  organised  by  the  European  Border  and  Coast  Guard  Agency,  the 
Member States should be encouraged to provide their respective contributions for the 
deployment  of  teams  from  the  standing  corps,  including  from  the  Reserve  for  Rapid 
Reaction  or  all  the  necessary  equipment,  including  under  the  Rapid  Reaction 
Equipment  Pool.  Member  States  should  also  be  encouraged  to  support  Latvia, 
Lithuania and Poland in any return measures and in their outreach to third countries. 

(37)  Since the objectives  of this  Decision cannot  be sufficiently  achieved by the Member 
States  but  can  rather,  by  reason  of  the  scale  and  effects  of  the  action,  be  better 

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achieved  at  Union  level,  the  Union  may  adopt  measures,  in  accordance  with  the 
principle  of  subsidiarity  as  set  out  in  Article  5  of  the  Treaty  on  European  Union 
(TEU).  In accordance with  the principle of proportionality, as set  out  in that  Article, 
this  Decision  does  not  go  beyond  what  is  necessary  in  order  to  achieve  those 
objectives. 

(38)  This Decision respects the fundamental rights and observes the principles recognised 

by the Charter of Fundamental Rights of the European Union. 

(39) 

In  accordance  with  Articles  1  and  2  of  Protocol  No  21  on  the  position  of  Ireland  in 
respect  of  the  area  of  freedom,  security  and  justice,  annexed  to  the  TEU  and  to  the 
TFEU, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in 
the adoption of this Decision and is not bound by it or subject to its application. 

(40) 

In  accordance  with  Articles  1  and  2  of  Protocol  No  22  on  the  position  of  Denmark, 
annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of 
this Decision and is not bound by it or subject to its application. 

(41) 

In  view  of  the  urgency  of  the  situation,  this  Decision  should  enter  into  force  on  the 
date following that of its publication in the Official Journal of the European Union. 

(42)  Because  of  their  provisional  nature,  the  measures  adopted  should  be  limited  in  time 

and end once the current emergency situation has ended. 

(43)  Persons having arrived to Latvia, Lithuania and Poland from Belarus before the entry 
into  force  of  this  Decision  should  be  included  in  its  scope,  if  they  have  not  been 
registered yet or their return procedure has not started, 

HAS ADOPTED THIS DECISION:  

CHAPTER I 

INTRODUCTORY PROVISION 

Article 1 

Subject matter 

This  Decision  establishes  provisional  measures  for  the  benefit  of  Latvia,  Lithuania  and 
Poland,  in  view  of  supporting  them  in  managing  the  emergency  situation  caused  by  the 
actions of Belarus, leading to a sudden inflow of third country nationals in the current context 
of instrumentalisation of migrants at the external borders. 

EMERGENCY MIGRATION AND ASYLUM MANAGEMENT PROCEDURE AT 
THE EXTERNAL BORDERS OF LATVIA, LITHUANIA AND POLAND 

CHAPTER II  

Article 2 

Asylum procedure 

1. 

By  way  of  derogation  from  Article  6(1)  of  the  Asylum  Procedures  Directive,  the 
registration, in relation to third country nationals or stateless persons apprehended or 
found  in  the  vicinity  of  the  border  with  Belarus  after  an  unlawful  entry  or  after 
having presented themselves at border crossing points, may take place no later than 
four weeks after the application is made. 

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2. 

3. 

4. 

5. 

6. 

Latvia, Lithuania and Poland shall prioritise the registration of applications of minors 
and their family members. 

By way of derogation from Articles 25(6) point (b), Article 31(8) and 43(1) point (b) 
of  the  Asylum  Procedures  Directive,  Latvia,  Lithuania  and  Poland  may  decide  at 
their border or transit zones on the admissibility or, in a procedure pursuant to Article 
31(8) of that Directive, on the substance of all applications registered in accordance 
with  paragraph 1. The basic principles  and  guarantees of Chapter  II  of the Asylum 
Procedures Directive shall apply. 

Latvia, Lithuania and Poland shall prioritise the examination of applications that are 
likely to be well-founded or lodged by minors and their family members. 

For  applicants  whose  state  of  health  requires  a  support  that  cannot  be  ensured 
adequately  at  the  border  or  in  transit  zones,  including  when  this  becomes  apparent 
during  the  procedure,  the  border  procedure  shall  cease  to  apply  and  the  applicant 
shall  be  granted  entry  to  the  territory  in  order  for  the  application  to  be  examined, 
without necessarily restarting the procedure. 

By  way  of  derogation  from  Article  43(2)  of  the  Asylum  Procedures  Directive,  the 
time  limit  before  granting  access  to  the  territory  may  be  extended  to  16  weeks, 
during which a decision on the application, including the appeal, shall be taken. 

By  way  of  derogation  from  Article  46(5)  and  (6)  of  the  Asylum  Procedures 
Directive,  Latvia,  Lithuania  and  Poland  may  decide  to  apply  the  rules  set  out  in 
paragraph 6 of that Article in respect of all decisions taken on applications examined 
in a border procedure as referred to in paragraph 2 of this Article. 

Article 3 

Material reception conditions 

By  way  of  derogation  from  Directive  2013/33/EU,  Latvia,  Lithuania  and  Poland  may 
temporarily set modalities for material reception conditions different from those provided for 
in Article 17 and 18 of Directive 2013/33/EU in relation to applicants apprehended or found 
in  the  vicinity  of  the  border  with  Belarus  after  an  unlawful  entry  or  after  having  presented 
themselves at  the border crossing points,  and subject  to  the measures in  Article 2(1) of this 
Decision, provided these Member States cover the applicants’ basic needs, in particular food, 
water, clothing, adequate medical care, and temporary shelter adapted to the seasonal weather 
conditions, and in full respect of human dignity. 

Article 4 

Return procedure 

1. 

2. 

Latvia, Lithuania and Poland, for third-country nationals and stateless persons whose 
application  for  international  protection  is  rejected  and  to  which  Article  2  has  been 
applied, may decide not to apply Directive 2008/115/EC.  

With regard to third-country nationals and stateless persons referred to in paragraph 
1, Latvia, Lithuania and Poland shall:  

(a) 

respect  the  principle  of  non-refoulement  and  take  due  account  of  the  best 
interests of the child, family life and state of health of the third country national 
concerned  as  set  out  in  Article  5  of  Directive  2008/115/EC  (the  Return 
Directive). 

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1. 

2. 

1. 

2. 

3. 

(b) 

ensure that their treatment and level of protection are no less favourable than as 
set  out  in  Article  8(4)  and  (5)  (Limitations  on  use  of  coercive  measures), 
Article  9(2)(a)  –  (postponement  of  removal),  Article  14(1)(b)  and  (d) 
(emergency health care  and taking into account  needs of vulnerable persons), 
and  Articles  16  and  17  (detention  conditions)  of  Directive  2008/115/EC  (the 
Return Directive). 

Article 5 

Specific guarantees 

Where applying this Decision, Latvia, Lithuania and Poland shall duly inform third-
country nationals or stateless persons in a language which the third-country national 
understands or is reasonably supposed to understand about the measures applied, the 
dedicated  points  accessible  for  registering  and 
lodging  an  application  for 
international  protection,  in  particular  the  nearest  point  where  they  can  lodge  an 
application for international protection, the possibility to appeal the decision, and the 
duration of the measures. 

Latvia, Lithuania and Poland shall not apply Articles 2, 3, 4 and 5 longer than what is 
strictly necessary to  address the emergency situation caused by Belarus, and in any 
case no longer than the period set out in Article 10. 

CHAPTER III 

OPERATIONAL SUPPORT 

Article 6 

Operational support by the European Border and Coast Guard Agency 

Upon a request for support by Latvia, Lithuania or Poland, the European Border and 
Coast  Guard  Agency  shall  provide  or  increase  its  operational  support  to  Latvia, 
Lithuania and Poland in the area of border management and return by deploying the 
European  Border  and  Coast  Guard  standing  corps,  including  where  appropriate  by 
deploying staff from the 1 500 staff from the Reserve for Rapid Reaction, technical 
equipment and providing any other relevant support. 

The  executive  director  of  the  European  Border  and  Coast  Guard  Agency  (Frontex) 
may  launch  a  rapid  border  intervention  in  accordance  with  Article  39(5)  of 
Regulation (EU) 2019/1896 or a return intervention in accordance with Article 53 of 
that Regulation. 

In  accordance  with  their  respective  request,  the  Agency  shall  support  Latvia, 
Lithuania and Poland through the following activities: 

(a) 

deploying  the  standing  corps  in  the  framework  of  border  management  teams 
and  relevant  technical  equipment  (patrol  cars,  transport  cars,  helicopters, 
thermos-vision vehicles, cameras etc.) to support border control in particular as 
regards the following activities: 

– 

– 

– 

border surveillance; 

border checks; 

cross-border crime detection; 

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– 

– 

– 

reporting; 

interpretation; 

the identification of minors and other vulnerable migrants and assist with 
ensuring proper referral. 

(b)  deploying  the  standing  corps  in  the  framework  of  border  management  teams 
and relevant  technical  equipment  to  support returns of third-country nationals 
who either did not apply for international protection or whose right to remain 
on the territory has ceased, in particular by assisting in: 

– 

– 

– 

pre-return  activities,  including  return  counselling  and  supporting  the 
cooperation  with  third  countries  by  organising  identification  missions 
and providing videoconference service for identification interviews;  

voluntary returns;  

return operations  by  commercial and charter  flights,  including  escorting 
returnees  to  the  third  country  of  origin  and,  if  appropriate,  post  return 
activities in third countries. 

(c) 

deploying  the  standing  corps  in  the  framework  of  the  migration  management 
support  teams  to  support  the  identification  of  migrants,  including  nationality 
screening and travel documents checks, in particular by: 

– 

– 

– 

providing  support  in  debriefing  activities  and  applying  Common  Risk 
Indicators  to  identify  persons  possibly  linked  with  terrorism  and  gather 
more information about routes, facilitators and modus operandi; 

providing  support  with  EURODAC  equipment  and  staff  supporting 
registration and fingerprinting of migrants; 

giving  priority  treatment  to  all  the  requests  of  the  three  Member  States 
concerned to the EUROSUR fusion services, in particular for: 

 

 

 

air  traffic  monitoring  to  monitor  flights  arriving  in  Belarus  from 
various places of departure; 

providing regular monitoring with tailor made imagery intelligence 
services,  including  satellite  imagery,  covering  the  adjacent  pre-
frontier  areas  of  Belarus  to  assess  the  situation,  as  well  as  further 
distant  pre-frontier  areas  relevant  to  better  understand  potential 
threats 
technical 
the  safety  of  deployed  personnel  and 
to 
equipment; 

providing  tailored  multipurpose  aerial  surveillance  service,  when 
available and necessary, covering the Belarusian territory along the 
border  either  with  a  regional  approach  covering  Latvia,  Lithuania 
and Poland or supporting specific Member State(s) with capability 
to perform surveillance during the night. 

(d)  providing  monitoring  of  social  media  platforms  to  notice  groups  of  would-be 
migrants  in  time  and  react  to  any  kind  of  possible  mass  movements  towards 
EU borders; 

(e) 

(f) 

providing tailored risk analysis products; 

other specific support, as appropriate. 

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Article 7 

Operational support by the European Asylum Support Office 

Upon  a  request  for  support  by  Latvia,  Lithuania  or  Poland,  the  European  Asylum  Support 
Office  (EASO)  shall  prioritise  making  available  the  necessary  operational  support,  in 
particular through the following activities: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

deploying asylum support teams; 

registering the applications for international protection; 

facilitating an initial analysis of asylum applications;  

conducting  personal  interviews  of  applicants  on  their  applications  and  the 
circumstances of their arrival; 

supporting an appropriate identification and assessment of vulnerable applicants; 

supporting  the  management,  design  and  putting  in  place  of  adequate  standards  of 
reception facilities; 

providing  applicants  or  potential  applicants  of  international  protection  with 
information and specific assistance that they may need; 

providing expertise, in particular in relation to interpretation and translation services, 
precise  and  up-to-date  information  on  countries  of  origin  and  knowledge  of  the 
handling and management of asylum cases; 

providing training for personnel of competent or other authorities; 

other specific support, as appropriate. 

Article 8 

Operational support by Europol 

Upon a request for support by Latvia, Lithuania and Poland, Europol shall prioritise making 
available the necessary operational support through the following activities: 

(a) 

(b) 

(c) 

deploying  experts  to  cross-check  data  against  data  held  in  databases  at  Europol, 
facilitate rapid and secure information exchange between Member States and support 
operational analysis; 

providing  tailored  analysis  products,  such  as  threat  assessments,  strategic  and 
operational analyses and situation reports; 

supporting  the  Member  States  in  combating  migrant  smuggling  and  related  crimes 
facilitated,  promoted  or  committed  using  the  internet  and  the  activities  referred  in 
Article 4(1)(m) of Regulation (EU) 2016/794. 

(d) 

other specific support, as appropriate, where required. 

CHAPTER IV 

FINAL PROVISIONS 

Article 9 

Cooperation and assessment 

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1. 

2. 

3. 

1. 

2. 

3. 

4. 

The  Commission,  relevant  European  Union  agencies  and  Latvia,  Lithuania  and 
the 
Poland  shall  closely  cooperate  and  regularly 
implementation  of  this  Decision.  Latvia,  Lithuania  and  Poland  shall  continue 
reporting all relevant data including statistics that are relevant for the implementation 
of  this  Decision,  via  the  EU  Migration  Preparedness  and  Crisis  Management 
Network. 

inform  each  other  on 

Latvia,  Lithuania  and  Poland  shall  ensure  close  cooperation  with  UNHCR  and 
relevant partner organisations to determine the modalities for support to applicants in 
the current emergency situation in line with the rules set out in this Decision and in 
the Asylum Procedures Directive and the Reception Conditions Directive. 

The  Commission  in  cooperation  with  Latvia,  Lithuania  and  Poland  shall  keep  the 
situation under constant monitoring and review and propose, where appropriate, the 
repeal  or  prolongation  of  this  Decision  by  means  of  a  proposal  for  a  Council 
Decision under Article 78(3) TFEU. To this end, Latvia, Lithuania and Poland shall 
provide  the  Commission  specific  information  needed  for  it  to  carry  out  this  review 
and to make the proposal for repeal or prolongation as well as any other information 
the Commission may request. 

Article 10 

Entry into force and application 

This Decision shall enter into force on the […] day following that of its publication 
in the Official Journal of the European Union. 

Without  prejudice  to  Article  9,  it  shall  apply  until  six  months  after  its  entry  into 
force. 

This  Decision  shall  apply  to  all  third-country  nationals  arriving  on  the  territory  of 
Latvia,  Lithuania  and  Poland  from  the  date  of  entry  into  force  of  this  Decision,  as 
well as to those already present in the territory of Latvia, Lithuania and Poland prior 
to entry into force of this Decision as a result of the actions of the Belarusian regime 
and  whose  applications  for  international  protection  have  not  been  registered  or  for 
whom the return procedure has not started. 

This  Decision  shall  continue  to  apply  with  respect  to  those  applicants  whose 
applications for international protection have been registered in accordance with the 
provisions  of  this  Decision,  until  a  final  decision  is  taken  on  their  applications  or 
until the third country nationals concerned are returned in accordance with Article 4. 

Done at Brussels, 

For the Council 
The President 

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