Opinion of the European Committee of the Regions – Common Implementation Plan for the Pact on Migration and Asylum: The local and regional perspective
Date: 2024-10-09
Institutions: Commission for Citizenship, Governance, Institutional and External Affairs, European Committee of the Regions
Subjects: EU migration policy, asylum seeker, external border of the EU, foreign national, integration of migrants, migration control, resettlement of persons, return migration, right of asylum, trafficking in human beings








C_202407063EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/7063


4.12.2024






Opinion of the European Committee of the Regions – Common Implementation Plan for the Pact on Migration and Asylum: The local and regional perspective
(C/2024/7063)














Rapporteur



:


Antje GROTHEER (DE/PES), President of Bremen Parliament





Reference document



:


Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Common Implementation Plan for the Pact on Migration and Asylum
COM(2024) 251 final, SWD(2024) 251 final









POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS (CoR),








1.


welcomes the Common Implementation Plan, as a first orientation for Member States on their way to ensuring that what has been agreed in the Pact for Migration and Asylum is fully implemented on the ground. The CoR highlights that the current trend of falling irregular border crossings according to data collected by Frontex (1) provides for an opportunity to strike a balance between the necessary flexibility given to the Member States and the necessary coherence of the overall system;












2.


welcomes the efforts to establish mechanisms that enhance and further strengthen effective monitoring by the European Commission and by other actors, especially the European Union Asylum Agency (EUAA), the EU Agency for Fundamental Rights (FRA), as well as national human rights institutions;












3.


welcomes the annual solidarity cycle and the interlinkage between the 10 building blocks on which the Plan is founded, with a view to fostering a holistic approach to addressing migration, while taking into consideration the unpredictability of geopolitical factors outside the EU;












4.


points to the need for a future-oriented migration policy that is able to respond to current societal and global challenges. This requires the creation of safe and legal avenues, as well as the integration of those legally residing in the EU, while disincentivising irregularity, effectively managing irregular border arrivals, combatting migrant smuggling and providing protection to those seeking asylum. The CoR calls, in this context, for the provision of due assistance to the EU’s external border regions, which are under constantly high migratory pressure, including through the effective deployment of Frontex and the use of available migration monitoring tools for the necessary prioritisation when allocating such assistance (2);












5.


points to the fact that the foremost aim of a Common European Asylum System is to guarantee the adherence to the principle of non-refoulement and the right to asylum as enshrined in the EU Charter of Fundamental Rights, in order to ensure that every person entitled to protection receives such protection;












6.


points to the importance of effective and efficient multi-level governance of the Plan and subsequently, to the key role of local and regional authorities (LRAs) in the implementation of all 10 building blocks;












7.


calls for the legal recognition of the specific situation of external border regions in EU policies in the area of freedom, security and justice, given the particular impact of migration flows on those regions. Such recognition should be accompanied by a specific information and consultation procedure on the measures to be taken in the field of migration, particularly in the context of the Pact on Migration and Asylum, while including the particular needs of these regions in the relevant financial instruments and policies;












8.


underlines the urgent need to facilitate the direct access of local and regional authorities to funds related to the integration and inclusion of migrants, and the need to take this into account in the mid-term evaluation of the Asylum, Migration and Integration Fund (AMIF) 2021-2027 expected by December 2024;












9.


points to the fact that, when it comes to the international dimension of migration, collaboration or partnerships with third countries (countries of origin or transit countries) in the context of an effective and humane management of irregular migration must be transparent, accountable and rooted in the respect for human rights and democratic principles, taking into account geopolitical considerations as well as the impact of EU policies within and outside the EU. Moreover, such partnerships should prioritise sustainable, long-term solutions and win-win considerations within the framework of stronger diplomatic relations than the current ones, while avoiding transactional approaches and refraining from condoning anti-democratic movements or policies in countries of origin or transit countries;












10.


is, for several reasons, including costs, effectiveness and respect of human rights, critical of externalisations of asylum procedures and takes note of the Team Europe approach, while waiting to see the tangible effects of its implementation. The CoR commends by the same token initiatives aiming at building robust protection systems in third countries; highlights, however, the need to involve not only the Member States but also their LRAs for partnerships involving third countries with a view to creating safe avenues for migration and dissuading irregular migration, given the importance of decentralised cooperation when it comes to migration;




LOCAL AND REGIONAL AUTHORITIES AT THE FOREFRONT OF MANAGING MIGRATION








11.


underlines that it is of the utmost importance to select and designate the locations for the screening and border procedures as well as the return border procedure in close consultation and in agreement with the LRAs;












12.


points out that the infrastructure for the planned expansion of information, legal advice and health services must also be included in the planning from the outset and any decisions in this regard should be coordinated and agreed with the LRAs;












13.


points to the fact that it is important that these services also have local and regional knowledge so that they are not perceived as foreign bodies in order to avoid rejection of such support;












14.


strongly calls for the local population in the regions of the locations for the screening and border procedures as well as the return border procedure to be involved in the consultation process through early and transparent information and opportunities to express their views;












15.


mentions that models according to which basic information is provided by state authorities and advisory and legal representation services are provided by organisations that are independent from such authorities could be effective, as experience from some as European countries suggests;












16.


highlights that it is crucial for LRAs that all asylum-seekers are well informed about their obligations and rights and have access to counselling and advice so that there are no misunderstandings with the authorities and the population;












17.


advocates that, in order to prevent long periods of residence in a situation of uncertainty and precarity, which can cause difficulties not only in terms of accommodation but also cohabitation within regions and cities, the speed of asylum procedures is of paramount importance;












18.


points out that also in crisis situations, consultation of LRAs about the designated locations for registration and any further measures is required;





A common migration and asylum information system: EURODAC









19.


welcomes EURODAC in principle but reiterates the CoR’s call for full compliance with the General Data Protection Regulation; stresses the importance of transparency and data minimisation, ensuring that personal data is collected only when necessary and that robust safeguards protect individual privacy and rights;












20.


points out that local and regional authorities must be financially empowered to meet the challenge of migration management and insists that efficient and effective cooperation between administrations in the same country is essential in this regard. It is necessary that national governments, which together with the European Union have most competences in the field of migration and asylum, assist their regions and local authorities with adequate resources and infrastructure to manage migratory flows;












21.


underlines the importance of interoperability and expresses concerns over the readiness of the EU Member States to fully implement the provisions of EURODAC given the only very recent entry into force (on 12 July 2024) of the Interoperable Europe Act, which aims to strengthen cross-border interoperability and cooperation in the public sector across the EU;












22.


points to the need to monitor interoperability at all levels, from local to European, and underlines the importance of connectivity throughout the EU. Moreover, the CoR calls for full clarity on the prioritisation of EURODAC functionalities for the implementation of the Pact during the transition period;












23.


acknowledges the intention to prevent children from going missing through new provisions such as fingerprinting as of the age of 6. Reiterates, however, its concern over the low age threshold for biometric data collection within the framework of EURODAC and points out that ‘in all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration’ (3);





A new system to manage migration flows at the EU’s external borders









24.


highlights the need to avoid duplications in the screening procedure in order to increase its effectiveness. Notes at the same time some challenging aspects that screening is called to address and which are inherent to its threefold purpose (i.e. guaranteeing security and identifying vulnerabilities as well as manifestly unfounded asylum applications); stresses in this context, the importance of providing robust legal remedies at all stages and the need for effective monitoring to protect fundamental rights;












25.


condemns the instrumentalisation of migration by third countries targeting EU external borders as a means to exert political pressure, fuel polarisation, and destabilise individual Member States as well as the Schengen area as a whole. Reiterates, however, its concerns with regard to the concept of instrumentalisation in the Schengen Borders Code and argues that Member States should take the necessary measures in order to guarantee effective protection against refoulement, including the right to make an application for international protection, and that appropriate safeguards for the treatment of vulnerable people are in place;












26.


urges the European Commission to promptly assess all existing internal border controls while maintaining a dialogue with Member States and issue an opinion on the necessity and proportionality of the current controls, in accordance with the Schengen Borders Code;












27.


highlights the key role of the EUAA and eagerly awaits the Agency’s update of the screening/vulnerability toolbox, which should help better identify particular vulnerabilities at an early stage. Also suggests that, in unclear cases of vulnerabilities, persons should be transferred to specialised institutions.





Rethinking reception









28.


underlines the inextricable link between the reception of migrants and Member States’ adequate reception capacity, the definition of the latter being in the hands of the European Commission. Furthermore, the CoR stresses that any statistical calculations of such capacity should take into account not only average national figures but also the reality of particular geographical zones exposed to the bulk of arrivals;












29.


underlines the need to ensure that, in the context of relocations, LRAs responsible for the proposed place of relocation are informed and consulted at an early stage;












30.


points out that ‘Member States should in all circumstances ensure access to health care and a standard of living for applicants which is in accordance with Union law, including the Charter, and other international obligations, including the 1989 United Nations Convention on the Rights of the Child. Member States should in particular provide for the applicant’s subsistence and basic needs’ (4), regardless of their material reception capacity. Full empowerment of LRAs to deliver adequate public services in this direction while maintaining the standards of such services for all residents in their communities is essential;





Fair, efficient, and convergent asylum procedures









31.


welcomes the harmonised timeline for the asylum procedure; takes note of the planned review by the Commission of the safe third country concept;












32.


highlights the need to avoid detention for the purpose of carrying out asylum procedures for refugees, especially families, children and vulnerable individuals, and points to the fact that such restrictions during refugee status determination procedures should respect international human rights standards. With this in mind, the CoR looks forward to the EUAA’s guidelines on effective alternatives to detention;












33.


urges the European Commission to play its role to the full and conduct the necessary monitoring, involving the EUAA in accordance with its mandate, in order to ensure that asylum procedures are applied fairly and uniformly by all Member States;





Efficient and fair return procedures









34.


agrees on the importance of reinforcing incentives for voluntary return, ensuring that it is carried out under safe and dignified conditions, and of providing coherent reintegration support. Argues to this effect that any such measures require a holistic approach to both migration and development policies so as to promote democratic values, in particular the protection of human rights and to give the countries of origin sustainable growth incentives to readmit their nationals, also bearing in mind the attainment of the Sustainable Development Goals (SDGs);












35.


notes by the same token that building legal migration pathways in cooperation with third countries can be mutually beneficial as it can address both labour shortages in the EU and a persistent lack of employment opportunities in migrants’ countries of origin;












36.


insists that, while Member States should be encouraged to establish a modern and efficient IT return case management system, such a system should always be subject to human oversight;





A fair and efficient system: making the new responsibility rules work









37.


takes note of measures to address ‘asylum shopping’, but remains critical of the fact that the first entry criterion is maintained when it comes to applications for asylum as this continues to put disproportionate pressure on those Member States and regions at the external borders of the EU, which are not the final desired destination for the overwhelming majority of entrants. At the same time, if additional measures to halt secondary movements are implemented, the views of LRAs concerned should be duly taken into account;












38.


warns against the allocation of responsibility to the Member State of entry for people disembarked following search and rescue operations, as this is likely to jeopardise the effectiveness of search and rescue operations; emphasises the need for a fair and equitable responsibility-sharing mechanism across all Member States to ensure that no country bears a disproportionate burden, and that humanitarian principles are upheld. Effective search and rescue operations should be prioritised ensuring the safe disembarkation and protection of all individuals rescued;












39.


reiterates that the principle of non-refoulement and the right to asylum require that potential protection needs are fully assessed and effective protection is guaranteed. It should therefore not be possible to reject an asylum application without an examination of the merits of the asylum application;





Making solidarity work









40.


welcomes in principle the permanent and legally-binding solidarity mechanism, but expresses concerns over the repercussions for those Member States at the external borders of the EU that are under constant migratory pressure of the flexibility of this mechanism, allowing for financial solidarity or alternative measures (staff or in-kind support). Requests to this effect that a balance is struck between the aforementioned measures and relocations in order to ensure that no EU Member State has the option of systematically refusing the reception of migrants. Points in this regard to the critical role of the EUAA in helping the Member States address situations of particular pressure on the ground;












41.


underlines by the same token the need for the Member States to review their internal procedures to establish a clear process and workflow in full cooperation with LRAs, ensuring a fair distribution of migrants and asylum-seekers within their own borders, in accordance with their adequate capacity, defined by the European Commission on the basis of objective criteria (5);





Preparedness, contingency planning and crisis response









42.


welcomes the cross-sectoral, all-hazards and whole-of-society approach to preparedness, contingency and crisis response, but is concerned that the role of effective multi-level governance is ignored;












43.


argues that the national strategies, which are to be prepared under the Asylum Migration Management Regulation and will encompass the newly introduced obligations on contingency planning, should be elaborated in conjunction with the LRAs. Indeed, more emphasis should be placed on the local and regional dimension, as the practical implementation of such strategies has to occur at sub-national level;












44.


calls for the involvement of the CoR in the Blueprint Network, given the importance of considering the local and regional perspective in migration situations;





New safeguards for applicants for international protection and vulnerable persons, and increased monitoring of fundamental rights









45.


welcomes the measures foreseen under this building block for vulnerable groups including minors and points out that international law precludes children’s deprivation of liberty on administrative grounds;












46.


reiterates its firm belief that in a crisis situation, a Member State should also have the discretion to grant immediate protection status to children and particularly vulnerable persons as well as to other groups of persons in need of immediate protection, if provided for under national law;












47.


agrees with the importance of access to free legal counselling and underlines the need to ensure that it is carried out in a language understood by the applicants for international protection, which is a measurable challenge for competent national and sub-national authorities. Stresses that it is important that information on the procedure is given by the competent authorities and that this is accompanied by the possibility to seek legal counselling and other advice from the beginning of the procedure;












48.


calls for a focus on vulnerable persons, in particular victims of violence such as victims of trafficking, and stresses the importance of properly identifying and supporting these individuals through comprehensive, trauma-informed care, including psychological, medical and legal assistance; calls for transparent and accountable coordination with local and regional authorities (LRAs) and multi-agency work, ensuring that victims are actively involved in decisions about their support and recovery;





Resettlement, inclusion and integration









49.


welcomes the proposed inclusion and integration measures for quicker access to education for migrant children, quicker access to the labour market for adults and equal access to healthcare. In this context, the CoR highlights the importance of a localised approach to integration and the key role played by LRAs, as well as the importance of speeding up processes for the recognition of academic qualifications that help retain talented migrants;












50.


calls for new funding opportunities for local integration, including under existing EU funds, in order to support LRAs and local communities in designing and driving decentralised local integration projects. The funds could be replenished by the benefits of increased taxable income deriving from successful integration;












51.


stresses the need to focus on strengthening the financial and human resources, as well as the overall administrative capacity of LRAs receiving beneficiaries of international protection through resettlement or humanitarian admission arrangements.






Brussels, 9 October 2024.


The President


of the European Committee of the Regions

Vasco ALVES CORDEIRO
               





(1)  The number of irregular border crossings into the European Union in the first seven months of 2024 fell by 36 % to 113 400, according to Frontex (https://www.frontex.europa.eu/media-centre/news/news-release/eu-external-borders-irregular-border-crossings-fall-nearly-40-this-year-ZXxDJD).

(2)  The Frontex migratory map (https://www.frontex.europa.eu/what-we-do/monitoring-and-risk-analysis/migratory-map/) is a valuable tool in migration monitoring and risk analysis, presenting the current migratory situation in Europe and complemented with monthly updates of illegal border crossing statistics. It should therefore be fully exploited.

(3)  Charter of Fundamental Rights of the European Union (Article 24.2).

(4)  Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection (OJ L, 2024/1346, 22.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1346/oj).

(5)  Commission Implementing Decision (EU) 2024/2150 of 5 August 2024 laying down rules for the application of Regulation (EU) 2024/1348 on the adequate capacity of Member States and the maximum number of applications to be examined by a Member State in the border procedure per year (OJ L, 2024/2150, 9.8.2024, ELI: http://data.europa.eu/eli/dec_impl/2024/2150/oj).


ELI: http://data.europa.eu/eli/C/2024/7063/oj
ISSN 1977-091X (electronic edition)