EU asylum,

borders and
external
cooperation on
migration
Recent
developments

IN-DEPTH ANALYSIS
EPRS | European Parliamentary Research Service
Authors: Nikolai Atanassov and Anja Radjenovic
Members' Research Service
PE 625.194 – September 2018 EN
This publication takes stock of recent EU developments in the area of asylum, borders and external
cooperation on migration. It presents the major policy and legislative initiatives put forward by the
EU in order to respond to on-going migratory challenges, focusing on three major aspects:
reforming the common European asylum system (CEAS), strengthening the EU's external borders
and reinforcing the EU's external cooperation on migration. The paper builds on previous research
and analysis delivered by the European Parliamentary Research Service (EPRS).

AUTHOR(S)

Nikolai Atanassov and Anja Radjenovic, EPRS.

This is an updated edition of a paper drafted by Nikolai Atanassov, Costica Dumbrava, Maria-Margarita
Mentzelopoulou and Anja Radjenovic: PE 621.878.
To contact the authors, please email: eprs@[Link]

LINGUISTIC VERSIONS

Original: EN

Translations: DE, FR
Original manuscript, in English, completed in May 2018. Updated edition completed in September 2018.

DISCLAIMER AND COPYRIGHT

This document is prepared for, and addressed to, the Members and staff of the European Parliament as
background material to assist them in their parliamentary work. The content of the document is the sole
responsibility of its author(s) and any opinions expressed herein should not be taken to represent an official
position of the Parliament.

Reproduction and translation for non-commercial purposes are authorised, provided the source is
acknowledged and the European Parliament is given prior notice and sent a copy.

Brussels © European Union, 2018.

Photo credits: © aalutcenko / Fotolia.

PE 625.194
ISBN: 978-92-846-3858-1
DOI:10.2861/196281
QA-03-18-307-EN-N

eprs@[Link]
[Link] (intranet)
[Link] (internet)
[Link] (blog)
 EU asylum, borders and external cooperation on migration

Executive summary
The unprecedented arrival of refugees and irregular migrants in the EU, which peaked in 2015,
exposed a series of deficiencies and gaps in EU policies on asylum, external borders and migration.
It put pressure on the common European asylum system (CEAS) and affected the functioning of the
Schengen rules, leading to a temporary suspension of the Dublin system and the introduction of
border checks by several Member States. In response to these challenges, the EU has embarked on
a broader process of reform aimed at rebuilding its common asylum policies on fairer and more solid
ground, strengthening its external borders by reinforcing the links between border controls and
security, and renewing cooperation with third countries on migration issues.

In May and June 2016, the Commission presented two packages of proposals to strengthen and
adapt the CEAS. Almost two years after their introduction, the proposals have reached different
stages of progress within the legislative process. The Parliament and the Council have already
reached partial provisional agreement on the proposal on the establishment of the European Union
Agency for Asylum, the Qualifications Regulation, the Reception Conditions Directive and the
reform of Eurodac (the EU's migrant fingerprint database). While trilogues are also progressing on
the Union Resettlement Framework, the co-legislators still have considerable work to do as regards
the reform of the Dublin Regulation and the proposal for an asylum procedures regulation. A
political agreement on the overall reform of the CEAS was sought by June 2018, however, at the
European Council meeting that month, EU leaders failed to achieve a breakthrough in the
negotiations.

As emphasised in the European agendas on migration and on security, addressing current EU

migration and security challenges means improving the management of the external borders,
including by making better use of the opportunities offered by IT systems and technologies. In this
respect, a revision of the Schengen Borders Code as regards the reinforcement of checks against
relevant databases at external borders was adopted in March 2016. The transformation of Frontex
into the European Border and Coast Guard Agency was finalised in October 2016, and the legal bases
for the new Entry/Exit System and the new European travel information and authorisation system
(ETIAS) were established in November 2017 and September 2018 respectively. Work is ongoing on
the revision and expansion of the Schengen Information System, an upgrade of the eu-LISA
mandate, and frameworks for interoperability between EU information systems in the area of
borders and security.

The EU's external migration policy is part of the general EU approach on migration, and is
complementary to EU foreign policy and development cooperation. It is based on common goals
set by the Member States and is reflected in the CEAS. Cooperation with third countries is covered
under the global approach to migration and mobility (GAMM), through which the EU has engaged
in political dialogue and has established partnerships with third countries. In line with the 2015
'European agenda on migration' and the 2016 'partnership framework', the EU pursues external
migration policies aimed at tackling challenges along the main migratory routes. One of the aims is
to provide more legal pathways for the admission of people in need of international protection,
through resettlement measures and migration compacts. Furthermore, various EU funding
instruments support migration-related projects in third countries, particularly in key countries of
origin and transit such as Syria, Iraq, Turkey and African countries.

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Table of contents

1. Introduction _________________________________________________________________ 1

2. Reforming the common European asylum system (CEAS) _____________________________ 3

2.1. Background _______________________________________________________________ 3

2.2. Dublin Regulation __________________________________________________________ 4

2.3. Eurodac Regulation _________________________________________________________ 5

2.4. European Union Agency for Asylum (EUAA) _____________________________________ 6

2.5. Asylum Procedure Regulation_________________________________________________ 7

2.6. Qualifications Regulation ____________________________________________________ 7

2.7. Reception Conditions Directive _______________________________________________ 8

2.8. EU resettlement framework __________________________________________________ 9

3. Strengthening the EU's external borders _________________________________________ 10

3.1. Background ______________________________________________________________ 10

3.2. Schengen Borders Code ____________________________________________________ 10

3.3. European Border and Coast Guard Agency (Frontex) _____________________________ 11

3.4. Entry/Exit System __________________________________________________________ 12

3.5. European travel information and authorisation system (ETIAS) _____________________ 13

3.6. Schengen Information System _______________________________________________ 14

3.7. EU Agency for the operational management of large scale IT systems in the area of freedom,
security and justice (eu-LISA) ____________________________________________________ 16

3.8. Interoperability between EU information systems on borders and migration __________ 17

4. Reinforcing the EU's external cooperation on migration _____________________________ 19

4.1. Context__________________________________________________________________ 19

4.2. Main migratory routes ______________________________________________________ 20

4.2.1. Central Mediterranean route ______________________________________________ 20

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 EU asylum, borders and external cooperation on migration

4.2.2. Eastern Mediterranean route ______________________________________________ 22

4.2.3. Western Balkan route ____________________________________________________ 22

4.2.4. Western Mediterranean/Atlantic route ______________________________________ 22

4.3. EU funding for external cooperation on migration _______________________________ 23

4.3.1. Syria and Iraq __________________________________________________________ 25

4.3.2. Turkey ________________________________________________________________ 26

4.3.3. Western Balkans ________________________________________________________ 27

4.3.4. Africa _________________________________________________________________ 27

5. Overview of recent EU legislative proposals _______________________________________ 28

6. Main references _____________________________________________________________ 29

III
EPRS | European Parliamentary Research Service

List of main acronyms used

CEAS: Common European asylum system

CIR: Common Identity Repository
Coreper: Committee of Permanent Representatives
CSDP: Common security and defence policy
EEAS: European External Action Service

EDF: European Development Fund

EES: Entry/Exit System
EFSD: European Fund for Sustainable Development
EIP: External Investment Plan
ESP: European search portal
ENI: European Neighbourhood Instrument
ENP: European Neighbourhood Policy
ETIAS: European travel information and authorisation system
EUAA: European Union Agency for Asylum
eu-LISA: EU Agency for the operational management of large-scale IT systems in the
area of freedom, security and justice
FRT: Facility for Refugees in Turkey
GAMM: Global approach to migration and mobility
IOM: International Organization for Migration
JVA: Joint Valletta Action Plan
LIBE: Committee for Civil Liberties, Justice and Home Affairs (EP)
MID: Multiple identity detector
SBM: Shared biometric matching service
SIS II: Schengen Information System (II)
UNHCR: United Nations High Commissioner for Refugees (UN Refugee Agency)
VIS: Visa Information System

IV
 EU asylum, borders and external cooperation on migration

1. Introduction
The recent refugee and migration crises have revealed a series of deficiencies in the EU's approaches
and policies on asylum, borders and migration. It has become obvious that the CEAS could not cope
with large inflows of asylum seekers (see Figure 1). The Dublin system, which was established in
2003 to help identify the EU Member State responsible for examining each specific asylum
application, put an excessive burden on the EU countries of first entry, in particular on those
countries in charge of the EU's external borders. In order to fix the system and rebuild the common
asylum policies on a fairer and more balanced basis, the Commission put forward a comprehensive
package of legislative proposals. The European Parliament and the Council have reached a partial
provisional agreement on four of the proposals making up the EU’s asylum system, while they
continue negotiating on the remaining two.

Figure 1 – First-time asylum applications and irregular border crossings (in millions)
2,0
1,82
 First-time asylum applications
 Irregular border-crossings
1,5
1,26 1,20

1,0
0,65
0,56
0,51
0,5 0,34
0,26 0,28
0,20
0,07 0,11
0,28
0,0 0,14
2011 2012 2013 2014 2015 2016 2017

Data source: Frontex.

Weaknesses in the management of the EU's external borders led to uncontrolled arrivals of irregular
migrants in the EU and eventually to the reintroduction of internal borders between several Member
States. The surge in terrorist and serious crime activities on EU territory has been linked to
deficiencies in external border management and the EU information exchange architecture. For
example, although the current version of the Schengen Information System has been operational
since 2013, the number of security alerts and searches in the system were low before 2015 (see
Figure 2).

In order to strengthen the external borders, with a view also to contributing to enhancing internal
security, the Commission proposed to revise the mandates of two agencies (Frontex and eu-LISA),
reinforce the Schengen Borders Code and upgrade and expand EU information systems in the area
of freedom, security and justice, including by making these systems more interoperable. In March
2016, the Schengen Borders Code was amended to allow for systematic checks of EU citizens at the
EU's external borders. Frontex was successfully turned into the European Border and Coast Guard
Agency in October 2016. While the Entry/Exit System and ETIAS were adopted in November 2017
and September 2018 respectively, the other files on the EU information systems for borders and
security are currently being debated by the co-legislators.

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Figure 2 – Alerts and searches in SIS II

Alerts Searches
(millions) - (billions)
100 6,0

90 5,0

80 Searches in SIS 4,0

70 3,0

60 Total alerts in SIS 2,0

50 1,0

40 0,0
2013 2014 2015 2016 2017

Data source: eu-LISA.

Recent developments have also shown that migration challenges could not be addressed properly
without taking into account the external dimension of migration, involving complex geopolitical
changes, specific regional patterns and shifting migration flows and routes (see Figure 3). In order
to secure cooperation on migration issues and to help address the root causes of migration, the EU
has renewed its engagement with third countries, through political and financial means.
Figure 3 – Detections of illegal border crossings in the EU and migratory routes (2017)

Data source: Frontex.

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 EU asylum, borders and external cooperation on migration

2. Reforming the common European asylum system (CEAS)

2.1. Background
The European Union has a duty to protect people in need of international protection in accordance
with the Geneva Convention. Accordingly, in 2013 the EU put in place a common European asylum
system, as a legal framework to cover all aspects of the asylum process. Although responsibility for
examining asylum applications lies with Member States, the system provides for common minimum
standards for the treatment of asylum-seekers. The CEAS comprises a set of rules determining the
Member State responsible for examining an application for international protection (Dublin
Regulation), common standards for asylum procedures (Asylum Procedures Directive), recognition
and protection of beneficiaries of international protection (Qualification Directive) and standards
for the reception of applicants for international protection (Reception Conditions Directive).

The unprecedented inflow of asylum-seekers to Europe in recent years exposed weaknesses in the
design and implementation of the system. On 6 April 2016, in a communication 'Towards a reform
of the common European asylum system and enhancing legal avenues to Europe' the European
Commission therefore set out its priorities for a structural reform of the European asylum and
migration framework.

On 4 May 2016, the Commission presented a first set of proposals to reform the CEAS delivering on
the priorities identified in its April 2016 communication:

• a proposal for a regulation establishing a sustainable and fair Dublin system for determining
the Member State responsible for examining asylum applications;
• a proposal for a regulation reinforcing the Eurodac system to monitor secondary
movements more effectively and facilitate the fight against irregular migration, and
• a proposal for a regulation establishing a genuine European Agency for Asylum to ensure a
well-functioning European asylum system.
On 13 July 2016, the Commission adopted a second set of proposals, completing the reform of the
CEAS through four additional proposals:

• a proposal replacing the Asylum Procedures Directive with a regulation, harmonising the
current disparate procedural arrangements in all Member States and creating a genuine
common asylum procedure in the EU;
• a proposal replacing the Qualification Directive with a regulation, setting uniform standards
for the recognition of persons in need of protection and the rights granted to beneficiaries
of international protection;
• a proposal revising the Reception Conditions Directive in order to harmonise the treatment
of asylum-seekers across the EU, increase applicants' integration prospects and decrease
secondary movements; and
• a proposal for a regulation establishing a structured Union resettlement framework, moving
towards a more managed approach to international protection within the EU, ensuring
orderly and safe pathways to the EU for persons in need of international protection, with the
aim of progressively reducing the incentives for irregular arrivals.
The aim of the reform is to set up rapid and efficient procedures for granting protection to those in
need and to secure more equal and fair treatment of applicants across the EU. Furthermore, it targets
the risk of secondary movements between the EU Member States and abuses of the asylum system.
In the event of the arrival of a high number of people in need of international protection at the
external borders, the reform intends to ensure solidarity and shared responsibility among Member

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States. At the same time as strengthening the fight against irregular migration, new CEAS rules also
aim to ensure orderly and safe pathways to Europe for people in need of international protection.

These proposals are currently being discussed by the co-legislators and have been identified by the
European Parliament, the Council and the Commission as priorities under the joint declarations of
2016 and 2017. Almost two years after their introduction, the proposals have reached different
stages of progress within the legislative process, with some being close to adoption, some
progressing and others remaining in the early stages.

2.2. Dublin Regulation

In May 2016, the Commission adopted a proposal for a regulation for the reform of the Dublin
system. This proposal defines a scheme for relocating new applicants from Member States receiving
disproportionate numbers of applications in other Member States. It also specifies shorter time
limits for sending transfer requests, receiving replies and carrying out asylum seeker transfers
between Member States, thus decreasing the possibility of shifting responsibility. The proposal also
aims to discourage abuses and secondary movements by obliging asylum applicants to remain in
the Member State responsible for their claim, making the reception of benefits dependent on
respecting geographical limits, and imposing sanctions for non-compliance. It provides for stronger
guarantees for unaccompanied minors, and introduces a more balanced (extended) definition of
family members.

In its resolution on the situation in the Mediterranean and the need for a holistic EU approach to
migration, the European Parliament suggested a fundamental overhaul of the Dublin system by
introducing a scheme involving the centralised collection of applications at EU level, in which each
asylum-seeker would be considered as seeking asylum in the Union as a whole and not in an
individual Member State. The resolution also proposed a centralised system for allocating
responsibility for people seeking asylum in the EU.

In October 2017, the Parliament's Committee for Civil Liberties, Justice and Home Affairs (LIBE
committee), under the rapporteurship of Cecilia Wikström (ALDE, Sweden), adopted a report on the
reform of the Dublin Regulation and voted to start interinstitutional negotiations. The report and
the mandate were confirmed at the November 2017 European Parliament plenary session. The
report suggests establishing a reference key based on Member States' population size and economy
as a criterion for the corrective allocation mechanism. It further proposes to block the transfer
between Member States of asylum applicants representing a security risk, and those not needing
any specific procedural guarantees or unlikely to qualify as beneficiaries of international protection.
Regarding applications for international protection for families, the report suggests joint processing
of applications without prejudice to the applicant's right to lodge an application individually. In the
case of minors' applications for international protection, the report reiterates the need for individual
guarantees and for proper assessment of minors' best interests. On relocation criteria, the report
focuses on links to a particular country as the first relocation criterion, and calls for clear incentives
and disincentives to be established for asylum applicants to avoid them absconding or making
secondary movements.

In October 2016, the Council endorsed its approach to discuss the Dublin Regulation reform as an
element in the CEAS reform package. In June 2017, the Council examined Dublin Regulation articles
on guardianship and on limiting secondary movement abuse. Since October 2017 the Council has
noted progress towards a compromise on achieving effective application of the principles of
solidarity and responsibility through a right balance between the two and the need to ensure
resilience to future crises. The Bulgarian Presidency pledged to achieve as much progress as possible

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 EU asylum, borders and external cooperation on migration

on the CEAS reform, starting by organising an informal meeting of home affairs ministers in Sofia on
25 January 2018. It noted that it would focus on working at expert level with a view to preparing a
political consensus (general approach) by June 2018, with the Dublin Regulation being a major
priority. However, discussions in the Council remain at the consultation stage, as Member States
have difficulty finding agreement on the right balance between responsibility and solidarity in the
EU’s asylum system.

2.3. Eurodac Regulation

As part of the practical implementation of the reformed Dublin System, in May 2016, the European
Commission presented a proposal for a review of the Eurodac Regulation. This proposal expands
Eurodac's brief with the aim of facilitating returns and helping tackle irregular migration. Under the
proposal, Member States would store and search data belonging to third-country nationals or
stateless persons who are not applicants for international protection and are crossing EU borders
irregularly or are staying in the EU illegally, with the aim of identifying them for return and
readmission purposes. The storage of these persons' fingerprints together with their personal data
(names, birth dates, nationalities, identity details, facial images, etc.) in Eurodac would allow
Member States to identify irregular third-country nationals or asylum applicants without having to
request information from another Member State. The proposal permits Member States to sanction
people refusing to comply with the fingerprinting procedure under national law, as long as this does
not breach their fundamental rights, with detention or coercion being a means of last resort.

In its April 2016 resolution on the situation in the Mediterranean, the European Parliament noted
that asylum applicants' proper identification at entry points should contribute to the overall
functioning of the CEAS.

The European Parliament's LIBE committee, under the rapporteurship of Monica Macovei (ECR,
Romania) adopted its report on 30 May 2017 and voted on a mandate for negotiations with the
Council. The LIBE report called for the use of Eurodac to be extended to resettled third-country
nationals and stateless persons, in order to track and prevent secondary movements, and expressed
a preference for using biometric personal data instead of fingerprints, as proposed by the
Commission. Members stressed the need to enhance the interoperability between information
systems and to expand Europol's direct access to Eurodac data for the purpose of preventing,
detecting and investigating terrorist offences or other serious criminal offences. The report also
suggested fingerprinting children from the age of six to facilitate tracking and family reunifications,
while also taking due account of minors' special needs. On sanctions for non-compliance, Members
agreed with imposing sanctions, but stressed the need to respect the EU Charter of Fundamental
Rights and to use detention as a means of last resort. Concerning the data retention period, the
report suggested a maximum of five years. Finally, on transfer of data collected from third countries,
Members requested that personal data from a search in the Eurodac system not be made available
to any third country or international organisation unless strictly necessary. On 14 June 2017, the
plenary confirmed the committee's decision to enter into interinstitutional negotiations.

In December 2016, the Council agreed on a partial general approach. In June 2017, based on
discussions in the Council since May 2016 and on the Maltese Presidency's April 2017 proposals
(including on colour copies of travel documents in the database and the option for law enforcement
authorities to search Eurodac data on persons registered in the context of an admission procedure),
the Presidency announced that it would examine the issues not included in the partial general
approach, with a view to extending the mandate for negotiations with the European Parliament.
This led to an updated mandate in Coreper on 15 June 2017.

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EPRS | European Parliamentary Research Service

On 19 June 2018, the Parliament and the Council reached a partial provisional agreement on the
proposal. Further work has been postponed pending developments in the negotiations on the rest
of the CEAS package.

2.4. European Union Agency for Asylum (EUAA)

On 4 May 2016, the Commission submitted a proposal for a regulation on the European Union
Agency for Asylum (EUAA), which amends and expands the mandate of the European Asylum
Support Office (EASO) in order to develop it into an EU agency.

The European Parliament's LIBE committee, under the rapporteurship of Péter Niedermüller (S&D,
Hungary), approved a negotiating mandate on 8 December 2016 with a view to reaching a first-
reading agreement with the Council on the legislation. The committee report stresses the need to
transform the current office into a fully fledged EU agency with the means and mandate to assist
Member States in crisis situations, and to provide them with operational and technical assistance. It
also added that EASO's mandate should correspond to the overall aim of strengthening the CEAS,
be reinforced by high standards, and comply with the EU Charter on Fundamental Rights. In terms
of resources, the committee emphasised the need for sufficient technical, financial and human
resources based on Member States' contributions – in particular staff for expert teams evaluating
and monitoring asylum and reception system procedures. Finally, Members underscored the
importance of cooperation between the agency and other European bodies and agencies,
especially the European Border and Coast Guard Agency. The report stressed further that the agency
should be able to deploy liaison officers to the Member States to assist in CEAS implementation, e.g.
in cases of family reunification and concerning unaccompanied children and vulnerable persons.

In October 2016, the Council endorsed the Slovak Presidency's suggested three-track approach for
examining CEAS reform package proposals (also including the EUAA Regulation), with the aim of
achieving progress towards a Council general approach by December 2016. In December 2016. The
JHA Council, on the basis of a Presidency note, acknowledged the support of a majority of Member
States for turning EASO into a fully fledged agency, well equipped for the implementation of the
CEAS. However, it also stressed Member States' concerns about the potential overlap between the
agency's mechanism for monitoring and assessing Member States' asylum and reception systems,
and established Commission powers to monitoring the implementation of EU law, as well as some
Member States' preference to play a greater role in the monitoring exercise. Hence, the Presidency
redrafted the proposal's relevant provisions, though a number of delegations continue to maintain
reservations on the issue of monitoring.

Following the December 2016 agreement on a partial general approach in the Council, in January
2017, the Presidency started negotiations with the European Parliament. A provisional broad
political agreement on all 12 chapters of the proposed EUAA regulation was reached on
28 June 2017. The LIBE committee voted on this provisional agreement on 29 June 2017. Following
this broad political agreement further work has focused mostly on finalising the text technically and
aligning the recitals of the text with the main body of the CEAS reform proposal package.

On 6 December 2017, the Coreper endorsed the agreement reached with the European Parliament
on the entire text of the proposal, including the recitals, but excluding the text placed in square
brackets referring to other CEAS proposals. Work continues on a technical level to clarify the links
with the other files of the asylum package, which is considered a precondition for moving the EUAA
file ahead.

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 EU asylum, borders and external cooperation on migration

Furthermore, in September 2018, the Commission presented a modified legislative proposal

reinforcing the EU agency for asylum in order to equip it with the necessary staff, tools and financial
means to support Member States.

2.5. Asylum Procedure Regulation

In July 2016, the Commission put forward a legislative proposal aiming to replace the Asylum
Procedures Directive with a regulation establishing a fully harmonised common EU procedure for
international protection in order to reduce differences in recognition rates among Member States,
discourage secondary movements and ensure common effective procedural guarantees for asylum
seekers. The proposal aims to simplify, clarify and shorten asylum procedures, ensure common
guarantees for asylum seekers and stricter rules to combat abuse, and also harmonise rules on safe
countries.

The proposal has been referred to the European Parliament's Committee for Civil Liberties, Justice
and Home Affairs (LIBE), under the rapporteurship of Laura Ferrara (EFDD, IT). The rapporteur
presented her draft report on 30 May 2017. On 25 April 2018, the LIBE committee adopted the report
together with a decision to enter into interinstitutional negotiations with the Council, which was
confirmed during the May II plenary session.

In its resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU
approach to migration, the European Parliament underlined that the harmonisation of reception
conditions and asylum procedures could alleviate the burden on countries offering better
conditions and are key to responsibility sharing.

The Council has not yet reached a mandate on the proposed regulation. In the progress report of
9 June 2017, the Presidency observed that, despite general support for the proposal, Member States
had voiced substantive reservations, in particular regarding the situation of applicants with special
needs. Some delegations expressed concern relating to certain provisions aiming at limiting
secondary movements, which, in their opinion, failed to strike the right balance between fighting
abuse and granting protection when needed. In the progress report of 6 October 2017, the Council
Presidency noted that the June European Council had given a clear mandate to the Council to align
the Commission's proposal on the Asylum Procedures Regulation, regarding the safe third country
concept, with the effective requirements of the Geneva Convention and the EU primary law.

2.6. Qualifications Regulation

In July 2016, the Commission put forward a legislative proposal to replace the Qualification Directive
with a regulation. The aim of the proposal is to ensure greater convergence of recognition rates and
forms of protection among Member States, to introduce stricter rules sanctioning secondary
movements, to grant protection only for as long as it is needed and to strengthen integration
incentives for beneficiaries of international protection.

On 5 July 2017, the Parliament confirmed a mandate to enter into interinstitutional negotiations
with the Council on the basis of a report adopted by the LIBE committee on 15 June 2017. According
to the report, Member States should apply common criteria for the identification of persons
genuinely in need of international protection and should secure a common set of rights for refugees
and beneficiaries of subsidiary protection. In cases where there is a lack of documentary or other
evidence, applicants should be given the benefit of the doubt, providing they have made a genuine
effort to substantiate their applications and have submitted all relevant elements and their
statements are found to be coherent and plausible. According to the report, the best interests of

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EPRS | European Parliamentary Research Service

children should be a primary consideration, especially when assessing conditions for internal
protection. Furthermore, refugee status should be withdrawn if an applicant constitutes a danger
to the security of the Member State or if he or she has committed a serious non-political crime before
arriving in the destination country. As regards residence permits, they should be issued no later than
15 days after international protection has been granted and should have a period of validity of at
least five years.

The report also rejects the proposal for a mandatory refugee status review in the event of changed
circumstances in the country of origin. It further suggests that Member States should provide
beneficiaries of international protection with support and opportunities for integration into their
host society.

On 14 June 2018, Parliament and Council negotiators reached a partial provisional deal on a new
Qualification Regulation. The informal deal will only be put to a vote in the LIBE committee, and
subsequently in plenary, once there is confirmed progress towards an agreement on the Dublin
Regulation.

2.7. Reception Conditions Directive

In July 2016, the European Commission put forward a legislative proposal on the reform of the
Reception Conditions Directive. The aim of the proposal is to ensure that asylum seekers benefit
from harmonised and dignified reception standards across the EU. This would help to prevent
secondary movements and asylum shopping. Furthermore, according to the proposal, allowing
Member States to assign a residence to asylum seekers, impose reporting obligations on them, and,
as a last resort, detain them, should discourage asylum-seekers from absconding.

In the European Parliament, the proposal has been assigned to the LIBE committee, under the
rapporteurship of Sophia in 't Veld (ALDE, the Netherlands), which adopted its report on the
proposal on 25 April 2017. The committee's decision to enter into interinstitutional negotiations was
endorsed at the May 2017 plenary session.

The LIBE report disagrees with the punitive approach proposed by the Commission towards
applicants who try and move illegally to another Member State. Instead, it proposes to strengthen
measures seeking to de-incentivise asylum applicants from leaving the Member State responsible
for examining the asylum application. According to the report, asylum seekers should be able to
work in the EU no later than two months after applying for asylum, instead of the current nine
months. However, Member States may still fill vacancies, through preferential access, with their
nationals, other EU citizens or third-country nationals lawfully residing in the country. As regards
detention of asylum seekers, the report stresses that it should be a measure of last resort and should
always be based on a decision by a judicial authority. The detention or confinement of children,
whether unaccompanied or with families, should be prohibited. Member States should ensure that
every unaccompanied minor is assigned a guardian from the moment of his or her arrival in the EU
and receives immediate access to health care and education under the same conditions as national
minors. The report also underlines that extra measures are necessary to protect the fundamental
rights of applicants with special needs, and that rapid identification of those applicants and training
of personnel in this regard are important.

On 29 November 2017, on behalf of the Council, Coreper endorsed a mandate for trilogue
negotiations on the proposal for a directive. According to the mandate, applicants should receive
an adequate standard of living and comparable living conditions in all Member States. Furthermore,
access to reception conditions should be provided in a Member State responsible for the application

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 EU asylum, borders and external cooperation on migration

for international protection. Applicants should be afforded material reception conditions and access
to health care and shall have access to the labour market no later than nine months after lodging an
application. In addition, Member States may restrict applicants' freedom of movement within their
territory, assign them a specific place, define reporting obligations and, if there is a risk of applicants
absconding, may make use of detention. Finally, the EU asylum agency should assist Member States
in their preparation of contingency plans for the arrival of disproportionate numbers of applicants.
On 14 June 2018, the Parliament and Council reached a partial provisional agreement on the recast
regulation. The informal deal will only be put to a vote in the LIBE committee, and subsequently in
plenary, once there is confirmed progress towards an agreement on the Dublin Regulation.

2.8. EU resettlement framework

The EU is committed to providing safe and legal avenues to Europe for those in need of international
protection, reducing the incentives for irregular migration, and protecting migrants from
exploitation by smuggling networks and from dangerous journeys to Europe. In addition to the
voluntary resettlement schemes agreed in 2015 and 2017, the Commission submitted a proposal
for establishing a Union resettlement framework on 13 July 2016. The proposal would complement
the current ad hoc multilateral and national resettlement programmes by providing common EU
rules on the admission of third-country nationals in need of international protection, resettlement
procedures, types of status to be accorded by Member States, decision-making procedures for the
implementation of the framework, and financial support for Member States' resettlement efforts.

On 12 October 2017, the European Parliament's LIBE committee, under the rapporteurship of Malin
Björk (GUE/NGL, Sweden), adopted the report on the proposal and a decision to enter into
interinstitutional negotiations. The Parliament confirmed that decision during the October II plenary
session.

According to the report, Member States should provide resettled persons with a long-lasting
solution, first and foremost by granting refugee or subsidiary protection status. Member States may
issue permanent residence permits. The report calls on the Member States to increase their
resettlement efforts and the number of resettlement places in order to shoulder a fair share of global
responsibility. The EU should take on at least 20 % of annual projected global resettlement needs,
as defined by UNHCR, which would have equated to around 250 000 people in 2017. Furthermore,
resettlement should not be used for other foreign policy objectives, or depend on third countries'
cooperation on other migration-related matters, as proposed by the European Commission. Instead,
resettlement should be a humanitarian programme and the EU resettlement framework should be
based on the annual global projected resettlement needs. The UNHCR should be the main
institution to select refugees for resettlement in the Member States.

A Union resettlement plan should be adopted every two years in consultation with the high-level
resettlement committee, and should be based on UNHCR projected global resettlement needs.
Contrary to the Commission proposal, the report retains the allocation of €6 000 from the Asylum,
Migration and Integration Fund (AMIF) fund for every person resettled under Member States'
national resettlement programmes. It also supports €10 000 per resettled person, if Member States
resettle under the EU resettlement framework, as proposed by the Commission.

On 15 November 2017, Coreper endorsed, on behalf of the Council, a mandate for negotiations with
the European Parliament. According to the Council the parts relating to other CEAS reform files will
be revisited at a later stage. The mandate includes a two-year EU resettlement and humanitarian
admission plan adopted by the Council, voluntary contribution of Member States to this plan, two

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types of admission: resettlement and humanitarian admission, and acknowledgement of UNCHR

expertise in the field.

The first trilogues among the institutions started in December 2017. There is broad convergence on
the need for a resettlement scheme and biannual plans. Divergences, however, remain as regards,
for instance, the voluntary or mandatory nature of the framework, and the method for the adoption
of a plan – Council implementing or delegated acts.

3. Strengthening the EU's external borders

3.1. Background
As emphasised in both the European agendas on migration and on security, addressing current EU
migration and security challenges means strengthening the management of external borders,
including by making better use of the opportunities offered by IT systems and technologies.

In order to reinforce EU border management rules and operational cooperation at the external
borders, the Commission put forward legislative proposals to revise the Schengen Borders Code and
to upgrade the mandates of the relevant EU agencies, such as Frontex, Europol and EASO. In 2016,
it launched discussions on how to make the management and use of information systems in the
area of border management and security more effective and efficient.

The Commission communication of 6 April 2016 on stronger and smarter information systems for
borders and security identified a number of key shortcomings in the EU's information systems and
explored ways that the existing and future information systems could enhance external border
management and internal security. In order to bridge the existing information gaps, which hamper
the effective control of the EU borders, the Commission proposed to extend the use of the Schengen
Information System (SIS II) and to establish the Entry/Exit System (EES) and the European travel
information and authorisation system (ETIAS).

Building on the recommendations of the final report of the high-level expert group on information
systems and interoperability (HLEG), in its seventh progress report, Towards an effective and
genuine security union, the Commission set out a new approach to the management of data for
borders and security. A key dimension of this approach is to improve the interoperability between
EU information systems for border management and security. In June 2017, the Commission
presented a proposal to revise the mandate of the European agency for the operational
management of large-scale IT systems in the area of freedom, security and justice (eu-LISA). This was
followed, in December 2017, by two proposals on establishing frameworks for interoperability
between EU information systems on borders and visa and on police and judicial cooperation, asylum
and migration. The Commission aims to achieve the interoperability of EU information systems by
2020.

3.2. Schengen Borders Code

Following a series of terrorist attacks on EU territory, which involved cross-border criminal activities
and networks, the EU has reacted quickly to address security risks caused by vulnerabilities of the
EU external borders. In the aftermath of the terrorist attacks in Paris, the Council called for a series
of urgent measures to strengthen external border controls. It urged the Commission to present a
proposal for a targeted revision of the Schengen Borders Code that would allow for systematic and

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permanent checks of EU citizens, at all points of entry at the external borders of the EU, including
the verification of biometric information against the relevant databases.

In December 2015, the Commission put forward a proposal amending the Schengen Borders Code
as regards the reinforcement of checks against relevant databases at external borders. The European
Parliament's LIBE committee, under the rapporteurship of Monica Macovei (ECR, Romania), adopted
a report on the proposal in June 2016. The report proposed a series of amendments aiming to:
enable Member States to replace systematic controls with targeted checks at specified border
crossings and after an assessment of security risks, promote better data management, technological
progress and improved connections between Member States' information systems. Following an
agreement between the co-legislators reached in December 2016, the regulation was adopted on
15 March 2017.

The regulation obliges Member States to carry out systematic checks on all persons, including
persons enjoying the right of free movement under EU law (i.e. EU citizens and members of their
families who are not EU citizens) when they cross the EU's external border. It provides for extensive
use of the EU-wide databases when performing border checks, in particular the Schengen
Information System and the Interpol database on stolen or lost travel documents. If systematic
checks have a disproportionate impact on the flow of traffic, Member States can opt to replace them
with targeted checks at EU land and sea borders. As proposed by the Parliament, such targeted
checks could also be applied at air borders, but only for a transitional period (up to six months,
exceptionally extended for 18 additional months). The regulation also provides that in cases of
doubt as to the authenticity of a travel document or the identity of a third-country national, the
checks, where possible, shall include the verification of at least one of the biometric identifiers built
into the travel documents.

3.3. European Border and Coast Guard Agency (Frontex)

The European Border and Coast Guard Agency became operational in October 2016. Established on
the foundations provided by Frontex, the agency is in charge of monitoring the EU's external
borders and, together with Member States, identifying and addressing any potential security threats
to the EU's external borders.

The Parliament had previously called for the role of Frontex to be bolstered in order to increase its
capacity to respond more effectively to changing migration flows. In its resolution of 2 April 2014
on the mid-term review of the Stockholm Programme, the Parliament called for the establishment
of European border guards to guard Schengen borders. In its October 2015 conclusions, the
European Council also expressed its support for the 'gradual establishment of an integrated
management system for external borders'.

The Commission presented a legislative proposal on the creation of the European Border and Coast
Guard in December 2015, which was then negotiated and approved by the legislators in a record
time of nine months. In May 2016, the European Parliament's LIBE committee, under the
rapporteurship of Artis Pabriks (EPP, Latvia), adopted its report on the proposal. The proposed
amendments were designed to enhance the efficiency of the agency, further expand its role in the
field of return while ensuring respect for fundamental rights, and increase transparency and
accountability to the European Parliament. The Parliament insisted that the agency's new powers to
intervene would be activated by a decision of the Member States in the Council and not of the
Commission, as originally proposed. Following negotiations with the Parliament, the Council
adopted the final text of the proposal on 13 September 2016. The regulation was published in the
Official Journal on 16 September 2016.

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The regulation extends the scope of the activities of Frontex to include enhanced support for
Member States in the field of migration management, the fight against cross-border crime, and
search and rescue operations. It provides for a greater role for Frontex in returning migrants to their
countries of origin, according to decisions taken by national authorities. The Council, based on a
Commission proposal, may ask the agency to intervene and assist Member States in exceptional
circumstances. This is the case when: 1) a Member State does not comply (within a set time limit)
with a binding decision of the agency's management board to address vulnerabilities in its border
management; and 2) there is specific and disproportionate pressure on the external border that is
putting the functioning of the Schengen area at risk. If a Member State opposes a Council decision
to provide assistance, the other EU countries may temporarily reintroduce internal border checks.
The regulation also provides for rules to ensure the adequate resourcing of the Frontex Rapid
Reaction Pool, to allow for the possibility of deploying liaison officers in the Member States and to
oblige the agency to report regularly to the European Parliament.

In September 2018, the Commission presented a new proposal to strengthen the European Border
and Coast Guard Agency. The Agency would gain a new mandate and its own means and powers to
protect external borders, carry out returns more effectively and cooperate with non-EU countries.

3.4. Entry/Exit System

Building on an earlier version of the smart borders package, in April 2016, the Commission presented
a proposal to establish the Entry/Exit System (EES), a new information system that would speed up
and reinforce border checks for non-EU nationals travelling to the EU. This was accompanied by a
proposal amending the Schengen Borders Code and implementing changes generated by the EES.
The main objectives of the EES are: to reduce border check delays and improve the quality of border
checks by automatically calculating the authorised stay of each traveller; to ensure systematic and
reliable identification of over-stayers; and to strengthen internal security and the fight against
terrorism by allowing law enforcement authorities access to travel history records. The EES
regulation and the related regulation amending the Schengen Borders Code were adopted in
November 2017. The proposal on a centralised EU Registered Travellers' Programme, which was
included in the 2013 smart borders package, had been withdrawn by the Commission.

The European Parliament's LIBE committee, under the rapporteurship of Agustín Díaz de Mera
García Consuegra (EPP, Spain), adopted a report on the proposal in February 2017. The report
stressed that one of the most important parts of the proposal is the interoperability of the EES with
the Visa Information System (VIS). MEPs backed the Commission's proposal to store a combination
of four fingerprints and a facial image of travellers arriving in the Schengen area but requested that
the data be stored for only two years, not five as proposed by the Commission. They also sought to
ensure that the text would be in line with the provisions of the General Data Protection Regulation.

In June 2017, the Maltese Presidency and the European Parliament reached an agreement on the
proposal. Data retention was set at three years and exceptionally for five years when there are no
exit data after the expiry of the authorised stay period. The institutions agreed to grant access to the
EES to national law-enforcement authorities but not to asylum authorities. The possibility of
transferring data for law enforcement or return purposes to third countries and EU Member States
not participating in the EES was maintained but under certain conditions.

The EES will register travellers' data (name, type of travel document, fingerprints, visual image, and
the date and place of entry and exit) when crossing the Schengen external borders. It will apply to
all non-EU nationals, both those who require a visa and those who are exempt. The EES replaces the
manual stamping of passports at the border with electronic registration in the database. The EES

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will be used by consular and border authorities. The EES and VIS could be interconnected in order
to reduce duplication of data. National law enforcement authorities and Europol will also obtain
access to the EES, allowing them to make queries for criminal identification and criminal intelligence.
According to the Commission, this will help to identify terrorists, criminals and suspects, as well as
victims of crime.

The related regulation amending the Schengen Borders Code as regards the use of the EES provides
a harmonised legal basis for the establishment of national registered travellers' programmes by
Member States on a voluntary basis. This entails pre-vetting frequent travellers in a specific Member
State in the Schengen area in order to speed up their border-crossings.

3.5. European travel information and authorisation system (ETIAS)

In November 2016, the Commission launched a proposal to establish the European travel
information and authorisation system (ETIAS), a new centralised information system that will help
to identify any potential security or irregular migration risks associated with visa-exempt third-
country nationals travelling to the Schengen area.

The ETIAS will have three main functions: verifying the information submitted online by visa-exempt
third-country nationals ahead of their travel to the EU; processing applications against other EU
information systems (such as SIS, VIS, Europol's database, Interpol's database, the EES, Eurodac); and
issuing travel authorisations in cases where no hits or elements requiring further analysis are
identified. According to the Commission, the ETIAS procedures should be simple, cheap and fast; in
most cases, travel authorisations should be obtained in a matter of minutes. An application fee of
€5 only will be charged to applicants over the age of 18. Although the system will conduct prior
checks, the final decision on whether to grant or refuse entry, even in cases where the person has a
valid travel authorisation, will be taken by the national border guards conducting the border
controls, according to the rules of the Schengen Borders Code.

The European Parliament's LIBE committee, under the rapporteurship of Kinga Gál (EPP, Hungary),
adopted a report on the proposal in October 2017. The report put forward a series of amendments
related to: establishing the Member State responsible for the assessment of an ETIAS submission;
excluding carriers transporting travellers overland; setting up specific central access points instead
of ETIAS national units to verify conditions for access to the system by law enforcement agencies;
granting border guards access to ETIAS when conducting second line checks; establishing the ETIAS
ethics board; and improving rules on data security and data protection, transparency and
accountability.

In June 2017, the Council agreed on a general approach on the proposal. The key elements included
in the approach are related to: the automatic checking of applications against other EU databases
to determine whether there are grounds to refuse a travel authorisation, followed by manual
handling, if deemed necessary by the system; pre-boarding checks of travel authorisations by air,
sea and overland (international coach) carriers; three-year validity of a travel authorisation or until
the end of validity of the travel document registered in the application. In its general approach, the
Council decided to split the proposal into two distinct legal acts, on the basis that the (Schengen)
legal basis of the proposal cannot cover amendments to the Europol Regulation. However, the two
proposals are being discussed as a package and are both subject to the ordinary legislative
procedure.

The files are part of the EU's legislative priorities for 2018-2019. After four trilogues, the co-legislators
reached a provisional political agreement in December 2017. The main points of the agreement

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were: deleting data after the period of an authorised stay has lapsed; restricting the collection of
data regarding education, occupation and health; exempting transit passengers from the scope of
the ETIAS; increasing the application fee to €7 (people under 18 years and over 70 years of age would
be exempt from the fee); establishing a transition period of three years for carriers transporting
people over land; making the possession of an ETIAS authorisation a condition of entry and stay
(immigration authorities would be allowed access to the system); limiting possibilities for the
transfer of data to third countries.

Technical meetings following the provisional agreement resulted in a final agreement on the two
legal acts. On 25 April 2018, the Committee of Permanent Representatives (Coreper) voted on and
endorsed the agreement resulting from the interinstitutional negotiations. After formal adoption by
both Parliament and Council, the regulation establishing ETIAS was signed by the presidents of both
institutions on 12 September 2018. The system will, however, not become operational before 2021.

3.6. Schengen Information System

The Schengen Information System (SIS) is a large-scale information system supporting external
border control and law enforcement cooperation in the Schengen states. It enables police and
border guards to enter and consult alerts on certain categories of wanted or missing persons and
lost or stolen property. Its current version (SIS II) was established in law in 2006 and became
operational in 2013.

Responding to calls from the Council and the Parliament with regard to the need to maximise the
benefits offered by information systems, in December 2016 the Commission presented three
legislative proposals aimed at reinforcing and extending the use of the SIS in the fields of police
cooperation and judicial cooperation in criminal matters, border checks, and returns. The proposals
introduce (common) measures addressing end users' operational and technical needs,
strengthening provisions regarding business continuity and establishing a uniform set of rules and
obligations for officers on the ground on how to access and process SIS data in a secure way. They
provide for more effective use of biometrics (fingerprints and facial images) in the SIS II and oblige
national authorities to carry out a fingerprint search if the identity of the person could not be
ascertained in any other way. Lastly, the proposals provide for wider access to the SIS for EU agencies
and national authorities and clarify rules on data protection and data security.

The proposal for a regulation on the establishment, operation and use of the SIS in the field of police
cooperation and judicial cooperation introduces a new alert category of 'unknown wanted persons'
who are connected with a crime, for example persons whose fingerprints are found on a weapon
used in a crime. The scope of the existing alert on missing persons has been extended to allow
national authorities to issue preventive alerts for children who are at high risk of parental abduction.
The proposal establishes the obligation of Member States to create SIS alerts for cases relating to
terrorist offences. A new 'inquiry check' allows authorities to question a person more thoroughly
than in the case of a discreet check. This new type of check is intended to support measures to
counter terrorism and serious crime. The proposal grants SIS access to national authorities
responsible for examining conditions and taking decisions relating to the entry, stay, and return of
third-country nationals. This will allow immigration authorities to consult the SIS in relation to
irregular migrants who have not been checked at a regular border control. Europol will receive full
access rights to SIS, including to alerts on missing persons. The European border and coast guard
agency and its teams will be allowed to access SIS when carrying out operations in support of
Member States.

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The European Parliament's LIBE committee, under the rapporteurship of Carlos Coelho (EPP,
Portugal), adopted a report on the proposal in November 2017. The report puts forward a series of
amendments seeking to: remove the obligation of Member States to have a national copy of the
database, enhance the availability and capacity of the central system, enable Europol to play a
greater role, increase data security, and strengthen data protection rules. In November 2017, both
the Parliament and the Council decided to enter into interinstitutional negotiations.

According to the Council's negotiation mandate, the Member States are against making it obligatory
for Member States to establish national copies of the SIS, while being open to the possibility of
establishing SIS copies that are shared between two or more Member States. The Council proposes
to extend the scope of the new alert on missing persons to cover 'vulnerable persons who need to
be prevented from travelling for their own protection'. Searches in the SIS relating to the prevention,
detection, and investigation or prosecution of criminal offences should also be expanded to include
'the safeguarding against and the prevention of threats to public or national security'. Further
amendments concern provisions regarding checks, data retention and rules of access for national
authorities and EU agencies.

The proposal for a regulation on the establishment, operation and use of the SIS in the field of border
checks introduces the obligation for Member States to enter an alert in the SIS where an entry ban
has been issued to an illegally staying third-country national. It allows more detailed information to
be inserted in the alerts and expands the list of personal data to be collected with a view to dealing
with misused identities. The proposal maintains the existing access rights of national authorities and
extends access to the SIS for Europol, the European Border and Coast Guard agency and its teams,
and the future ETIAS central unit. National visa authorities will also have access to alerts on
documents, if this is necessary for carrying out their tasks.

The European Parliament's LIBE committee, under the rapporteurship of Carlos Coelho (EPP,
Portugal), adopted a report on the proposal in November 2017. The report puts forward several
amendments aimed at: removing provisions making it mandatory for Member States to establish
national copies of the SIS, clarifying the rules on access to the SIS by European agencies, further
harmonising the criteria for the insertion of alerts for the purpose of refusing entry, and improving
data security and data protection rules. In November 2017, the Parliament confirmed the decision
to enter into interinstitutional negotiations.

In its mandate to start interinstitutional negotiations, adopted in November 2017, the Council
opposes making it obligatory for Member States to establish national copies of the SIS. It seeks to
clarify the conditions for consultation between Member States with regard, for instance, to
introducing alerts and granting or extending a residence permit or long-stay visa. Further
amendments concern provisions regarding data retention and rules of access for national
authorities and EU agencies.

The proposal for a regulation of the European Parliament and of the Council on the use of the SIS
for the return of illegally staying third-country nationals introduces an obligation on Member States
to enter into the SIS all return decisions issued in accordance with the provisions of the Return
Directive. Member States will be obliged to create alerts on return decisions in respect of a) third-
country nationals staying illegally on their territory; b) third-country nationals who are subject to a
refusal of entry at a border crossing point or when apprehended in connection with the irregular
crossing of the external border and who did not receive an authorisation to stay; and c) third-country
nationals subject to return as a criminal law sanction or as a consequence of a criminal law sanction,
according to national law, or who are the subject of extradition procedures. These alerts will indicate
if a period for voluntary departure is still running, or if a decision has been suspended or the removal

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has been postponed. A new functionality will allow the issuing Member State to receive an
automatic notification when the period for voluntary departure has expired. According to the
proposal, each Member State should designate an authority responsible for the exchange of
supplementary information on alerts relating to returns and illegal stays. Member States will be
obliged to confirm the departure of the third-country national subject to an alert on return, to the
Member State that entered the alert.

The proposal specifies the procedures to deal with situations where a third-country national subject
to an alert on return is identified and apprehended in another Member State. It clarifies the rules on
the consultation process in the case of conflicting decisions between Member States, such as when
return decisions clash with decisions on issuing residence permits. Retention and deletion rules are
established in order to make sure that there in no time-gap between the moment of deletion of a
return alert following the departure of the third-country national and the activation of the alert on
the entry ban. Access to SIS data will be given to all Member State authorities responsible for issuing
return decisions in accordance with the provisions of the Return Directive, including judicial
authorities and authorities responsible for identifying third-country nationals during border, police
or other law enforcement checks. Europol and the European border and coast guard agency will
also be able to access data in the SIS, if this is necessary for carrying out their tasks. Since the proposal
involves the processing of personal data that may impact individuals' fundamental rights, the
proposal puts in place safeguards in order to uphold the principles set out in the Charter of
Fundamental Rights of the EU, and in particular its Article 8 (protection of personal data). Data will
be kept in the SIS as long as required to achieve the purpose of return. Member States will be obliged
to delete the data immediately after receiving confirmation of return, or if the return decision is no
longer valid.

The European Parliament's LIBE committee, under the rapporteurship of Jeroen Lenaers (EPP, the
Netherlands), adopted a report on the proposal in November 2017. The report welcomes the
Commission's proposal and recommends that the national SIRENE bureaux be made responsible for
the exchange of supplementary information in connection with alerts on return between Member
States. In November 2017, both the Parliament and the Council decided to enter into
interinstitutional negotiations.

At the trilogue meeting on 12 June 2018, a political agreement on all three files was reached. The
LIBE committee voted to endorse that agreement on 20 June 2018. The agreed text now needs to
be formally approved by the Parliament as a whole and the Council before it can enter into force.

3.7. EU Agency for the operational management of large scale IT

systems in the area of freedom, security and justice (eu-LISA)
Established in 2011, the EU Agency for the operational management of large scale IT systems in the
area of freedom, security and justice (eu-LISA) is responsible for the operational management of
three EU centralised information systems: the SIS, the Visa Information System – VIS, and Eurodac.

In June 2017, the Commission presented a proposal to revise the mandate of eu-LISA. The proposal
is part of the Commission's approach to improving and expanding EU information systems in the
area of freedom, security and justice and to achieving interoperability between these systems by
2020. The proposal aims to expand the mandate of eu-LISA in order to enable it to ensure the
centralised operational management of existing EU information systems (SIS II, VIS and Eurodac)
and of those that are currently being discussed by the co-legislators (subject to the adoption of the
respective proposals): the EES, DubliNet, ETIAS, the automated system for registration, monitoring

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and the allocation mechanism for applications for international protection, and the ECRIS-TCN
system (European criminal record information system for third-country nationals). Under the
renewed mandate, the eu-LISA will be able to develop, manage and/or host common systems
established by a group of at least six Member States opting on a voluntary basis for a centralised
solution, subject to prior approval by the Commission. The agency will develop technical solutions
to achieve the interoperability of EU information systems, subject to the adoption of the relevant
legislative instrument on interoperability. The eu-LISA will be able to deliver proactive advice and
assistance to Members States on technical issues relating to the existing or new IT systems, including
ad-hoc support to Member States facing specific and disproportionate migratory challenges. The
agency will also be in charge of developing data quality control mechanisms and indicators,
generating and publishing statistics and engaging in pilot projects and research activities.

The European Parliament's LIBE committee, under the rapporteurship of Monica Macovei (ECR,
Romania), adopted a report on the proposal in December 2017. The report proposes to change the
procedure for submitting requests for ad-hoc support by Members States directly to the eu-LISA
(instead of the Commission), after the prior consultation of the Commission. It provides for the
possibility to create further technical sites and includes further rules on transparency (including on
the protection of whistle-blowers). It also seeks to clarify the legal basis for the eu-LISA to establish
and maintain relations with international organisations and other relevant entities or bodies. In
January 2018, the European Parliament confirmed the committee's decision to enter into
interinstitutional negotiations.

In December 2017, the Council agreed on a general approach. The approach clarifies that eu-LISA
ad-hoc support should be triggered by a specific request from Member States. It further defines the
agency's role in training experts on the technical aspects of information systems (the VIS, the EES
and ETIAS) in the framework of Schengen evaluation. The Council also maintains that the agency
should be able to cooperate with the relevant authorities of third countries and conclude working
arrangements for that purpose, after receiving the Commission's approval and the authorisation of
the management board.

The Council and European Parliament reached political agreement on 24 May 2018. The agreed text
now needs to be formally approved by the Parliament as a whole and the Council before it can enter
into force.

3.8. Interoperability between EU information systems on borders

and migration
As indicated in the Commission's communication on stronger and smarter information systems,
making the EU's information systems for borders and security more interoperable would contribute
significantly to strengthening external borders and improving internal security. Interoperability
refers to the ability of information technology systems and of the business processes they support
to exchange data and to enable the sharing of information and knowledge.

In December 2017, the Commission put forward two specific proposals on interoperability: one for
a regulation establishing a framework for interoperability between EU information systems on
borders and visas and another for a regulation establishing a framework for interoperability
between EU information systems on police and judicial cooperation, asylum and migration. The
proposals introduce new elements to enable more intelligent and targeted use of the information
available in the existing and future systems, allowing national authorities to make best use of

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existing data, detect multiple identities and counter identity fraud and to carry out rapid and
effective checks.

The interoperability proposals concern the three existing centralised EU information systems for
security, border and migration management (the SIS, the VIS, and Eurodac) and three centralised
systems that are in the course of development (the EES, the ETIAS, and the European Criminal Record
Information System for third-country nationals – ECRIS-TCN).

The Commission proposed four interoperability solutions. The European Search Portal (ESP) will
enable simultaneous searches on multiple EU information systems and provide a 'one-stop shop'
(on a single computer screen) for all the document check results. The Shared Biometric Matching
service (SBM) will enable the querying and comparison of biometric data (fingerprints and facial
images) from several central systems, in particular, the SIS, Eurodac, the VIS, the EES and the
proposed ECRIS-TCN. The Common Identity Repository (CIR) will provide basic biographical and
biometric information, such as names and dates of birth of non-EU citizens, so that they can be
reliably identified. Lastly, the Multiple-Identity Detector (MID) will help to establish that different
names belong to the same identity and alert border guards and police cases of fraudulent or
multiple identities.

The proposals define a two-step approach for granting access to law enforcement authorities for
conducting searches related to preventing, investigating, detecting or prosecuting serious crime or
terrorism, in full respect of data protection rules. In a first step, searches will be carried out on a
'hit/no hit' basis. In a second step, if a 'hit' is generated, law enforcement authorities can request
access to the information needed in line with the respective rules and safeguards. To ensure that
the border guards and police officers have complete and accurate information available,
appropriate data quality control mechanisms will be established.

Within the Council, the Working Party on Information Exchange and Data Protection (DAPIX) started
examining the proposals in January 2018. The main issues under discussion have related to the
functioning of each of the interoperability components, the expected data workflow and the overall
interoperability architecture, as well as its roll out, the implications of interoperability components
for the current technical set up at national level and for the response times at borders, and the
practical functioning of user profiles and access rights. The Commission organised two technical
workshops to discuss these issues on 14 February and 16 March 2018.

Within the European Parliament, the proposals on establishing a framework for interoperability
between EU information systems on borders and visas has been assigned to the LIBE committee,
under the rapporteurship of Nuno Melo (EPP, Portugal). The proposal on establishing a framework
for interoperability between EU information systems on police and judicial cooperation, asylum and
migration has also been assigned to the LIBE committee, under the rapporteurship of Jeroen
Lenaers (EPP, the Netherlands). The rapporteurs presented their draft reports in LIBE on 11 June
2018. On 13 June 2018, the European Commission adopted an amended proposal on
interoperability in the area of borders and visa and in the area of police and judicial cooperation,
asylum and migration to align them with the legal instruments recently agreed by the co-legislators,
such as ETIAS, SIS and eu-LISA. The interoperability files are among the EU's legislative priorities for
2018-2019.

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 EU asylum, borders and external cooperation on migration

4. Reinforcing the EU's external cooperation on migration

4.1. Context
The European agenda on migration aims to help prevent the loss of lives at sea, and reinforce
cooperation with key countries of origin and transit. The agenda includes policy measures to reduce
the incentives for irregular migration by means of development cooperation and acting to combat
smugglers and human traffickers, while strengthening the safe country of origin concept 1 which
provides accelerated procedures for applicants from certain third countries. Furthermore, the
agenda pursues the development of a new policy on legal migration, based on a stronger link
between development and migration policy that helps countries of origin generate better economic
opportunities at home.

The EU's external migration management is based on a wide range of tools, building dialogue and
partnerships with countries of origin and transit, based on solidarity and responsibility. The
European Union assists refugees worldwide, resettles refugees in the EU, and addresses the root
causes of irregular migration in cooperation with origin and transit countries, while also increasing
aid to people in need of humanitarian assistance.

The European Parliament, in its resolution Addressing refugee and migrant movements: the role of
EU external action of April 2017, stressed not least its concern and solidarity with regard to the large
number of refugees and migrants who suffer profound human rights violations in their countries or
origin. Moreover, the Leaders' Agenda note, distributed by Donald Tusk, President of the European
Council, in December 2017, underlines the need for 'tailor-made, long-term partnerships with
neighbouring countries, as well as with other countries of transit and origin'.

Moreover, the external policy of the EU is building upon international engagement at bilateral,
regional and multilateral levels, based on the 2011 global approach to migration and mobility
(GAMM) evaluation. Since 2005, the main tools managing the external dimension of migration
policies have been covered by the GAMM. The current version of the GAMM was adopted in 2012
and seeks to create a balanced and comprehensive approach to migration by partnering with non-
EU countries.

Furthermore, the implementation of the GAMM is achieved by means of political and legal
instruments, as well as operational support and capacity building, while it also includes action
concerning human rights. The European Commission and the European External Action Service
(EEAS) are conducting cooperation processes under the migration and mobility dialogues in the
context of the GAMM. Two new projects have now extended the GAMM: the 2015 European agenda
on migration and the 2016 partnership framework.

The European agenda on migration launched the partnership framework on migration with third
countries to build and expand the existing initiatives. The framework enhances support for people
in need in the context of crisis-response, while establishing the foundations for enhanced
cooperation with countries of origin, transit and destination with the migration and mobility policy
as its core. As stated in the Commission communication of June 2016 on the establishment of the
partnership framework, 'the ultimate aim is a coherent and tailored engagement where the Union

1
The European Parliament has stressed that the list of safe countries of origin should not detract from the principle that
every person must be allowed an appropriate individual examination of his/her application for international
protection. Several stakeholders have underlined the need to accompany the list with sufficient safeguards,
especially on fundamental rights. See more in Safe countries of origin: Proposed common EU list, EPRS, February
2017.

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EPRS | European Parliamentary Research Service

and its Member States act in a coordinated manner putting together instruments, tools and leverage
to reach comprehensive partnerships (compacts) with third countries to better manage migration
in full respect of humanitarian and human rights obligations'.

The partnership framework is also designed to address the root causes of migration by improving
opportunities in countries of origin, through alternative job programmes in regions where
trafficking used to be the main source of income, as well as measures to support the reintegration
of returning migrants. The EU initially implemented this framework with certain priority countries of
origin and transit (Ethiopia, Mali, Nigeria, Niger and Senegal), but is currently extending its scope of
application to other countries in North and West Africa, as well as in Asia.

Dialogue frameworks among European and African governments have been in place for more than
10 years at both continental and regional levels. These include the Africa-EU Migration and Mobility
Dialogue, the Khartoum and Rabat process with key countries and the partnership framework with
third countries on migration. Significant results have already been achieved in jointly managing
migration flows with countries of origin and transit since the establishment of the partnership
framework for migration.

The first contract of the Tunisian programme, which was approved by the operational committee of
the EU Trust Fund for Africa in December 2016, has been signed, and the start of a dialogue with
Algeria was discussed in June 2017. Algeria has already started to implement measures, while
expressing an interest in developing dialogue and concrete cooperation with the EU on migration,
security and counterterrorism. Furthermore, in the framework of the EU Trust Fund for Africa,
Morocco is participating in the context of the North of Africa and Sahel-Lake Chad programmes,
strengthening south-south cooperation on migration.

4.2. Main migratory routes

The overall pressure on Europe's external borders remains relatively high. The year 2017 saw a
significant fall in detected illegal border crossings along the EU's external borders, mainly on the
eastern and central Mediterranean migratory routes. There was also a considerable decrease in the
number of illegal border crossings on the Western Balkans route. Lastly, the western Mediterranean
route experienced the highest number of irregular migrants, especially in the second half of the year
when there was a remarkable increase in arrivals of nationals from the Maghreb countries.

According to the fifth progress report on the implementation of the framework partnership dating
from 6 September 2017, in 2017 there has been a clear reduction in the numbers of migrants arriving
in Europe via the central Mediterranean route, while the total number of arrivals in Spain in 2017 up
to 16 August increased by 115 % compared with the same period in 2016. Diplomatic contacts and
multilateral discussion between the EU, Member States and countries of origin or transit have also
been intensified over recent months, including with the second meeting of the contact group for
the central Mediterranean route and the Paris meeting of 28 August 2017.

4.2.1. Central Mediterranean route

The central Mediterranean route remains one of the major migratory routes to the EU. In the second
part of 2017, migrants were increasingly prevented from departing from Libya. At the same time,
more migrants left Tunisia and Algeria for Sicily and Sardinia.

In the Aegean Sea and the central Mediterranean, Frontex works together with NATO and Operation
EUNavfor Med Sophia, gathering intelligence on smuggling, exchanging information, coordinating
patrols and cooperating on dis-embarkations. In total, there are three EU operations patrolling with

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 EU asylum, borders and external cooperation on migration

the aim of securing EU borders, targeting migrant smugglers and rescuing migrants at risk: Triton,
Sophia and Poseidon. As of February 2018, the new Joint Operation Themis of Frontex has replaced
Operation Triton in the central Mediterranean Sea. Operation Themis covers search and rescue
activities and also has a role in law enforcement.

The EU and, more specifically, the European External Action Service (EEAS), has been working with
the International Organization for Migration (IOM), the United Nations Children's Fund (Unicef) and
the United Nations Refugee Agency (UNHCR), together with the Libyan authorities, to bolster efforts
to prevent migrants and refugees from embarking on dangerous journeys to reach European
territory. The in-state conflict in Libya has turned the country into a major crossing point for Sub-
Saharan Africans into EU territory, in particular Italy.

The focus has been on improving the conditions faced by migrants in Libya. Several non-
governmental and international organisations, such as Médecins Sans Frontières and the UNHCR,
have underlined the inhumane conditions in detention centres in Libya, such as migrants suffering
from ill-treatment and lack of access to adequate medical care. The political landscape in post-
Gaddafi Libya is still evolving, while the main tensions in the country centre on the power struggle
between public figures, the increase in violence and the lack of control of migratory flows.

In November 2017, the joint African Union-European Union-United Nations Task Force was put in
place, aiming to save and protect migrants and refugees along the route, and specifically inside
Libya, while assisting with voluntary returns and resettlement. The task force seeks to tackle
trafficking and smuggling issues and to further expand work with countries of origin.

Niger constitutes one of the key transit countries to Libya. The EU is also providing support for the
political process in Mali, while it is contributing to the re-establishment of governance and stability
in the Central African Republic. The EU is actively engaged in dialogue with all the countries in the
Horn of Africa through the Khartoum process.

Moreover, the EU has set up a Joint Task Force in cooperation with the African Union and the UN,
aiming to save and protect the lives of migrants and refugees along the route and in particular in
Libya. In addition to the above, and in continuation of the establishment of a 'transit and departure
facility', the EU supports resettlements from Libya via the UNHCR's emergency transit mechanism.

In June 2015, the common security and defence policy (CSDP) operation EUNavfor Med Sophia was
launched in order to address the problem of human trafficking and smuggling in the central
Mediterranean. This operation has led to the apprehension and detention of more than 100
suspected smugglers and traffickers, while it has neutralised about 500 assets. The EU is fighting
smuggling along the central Mediterranean route by providing extended capacity building, training
and advice for local security forces by means of the civilian CSDP missions in the Sahel, EUCAP Sahel
Niger and Mali. The CSDP missions have been tailored to support the respective host countries with
border management.

The EU Trust Fund for Africa, together with the IOM and Niger's authorities, also contributes towards
search and rescue missions in the desert. In 15 December 2016, the European Union, through the
Emergency Trust Fund for Africa (EUTF), and with contributions from Germany (€48 million) and Italy
(€22 million), launched a joint initiative with the IOM to support the efforts of partner countries in
Africa. In total, over 15 000 migrants, including 10 000 from Libya, have already benefited from
assisted voluntary return, while several projects are being prepared, aiming to improve work with
Libya's neighbours to help more migrants return home from Libya.

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4.2.2. Eastern Mediterranean route

Migratory movements on the eastern Mediterranean route remain limited compared with the
period before the activation of the EU-Turkey Statement, but there has been another increase in
arrivals on the Greek islands since the early summer of 2017. On the eastern Mediterranean route,
Turkey-EU cooperation is based on the November 2015 action plan, providing Turkey with financial
support for the integration of migrants, while aiming to enhance the partnership between the two
sides. On 18 March 2016, EU Heads of State or Government and Turkey agreed on the EU-Turkey
Statement based on the following principles: the return of all new irregular migrants crossing from
Turkey to the Greek islands; the acceleration of the implementation of the visa liberalisation
roadmap; the speeding up of the processing of the funding for the Refugee Facility for Syrians; and
the resettlement of Syrian refugees on a one-for-one basis, in which for each illegal migrant returned
to Turkey, the EU would welcome a refugee in need of international protection.

The EU-Turkey Statement aims to impede uncontrolled flow of migrants across the Aegean Sea,
ensure improved reception conditions for refugees in Turkey and open up organised and safe
channels to Europe for Syrian refugees. The number of refugees and migrants arriving in the EU from
Turkey has faced a significant reduction as a result of the statement. At the same time, the EU has
supported Turkey in its efforts to host refugees, together with the EU Facility for Refugees in Turkey
(FRT). The EU-Turkey Statement entails that irregular migrants who arrive on Greek islands from
Turkey and do not apply for asylum, or whose application has not been accepted, may be returned
to Turkey.

4.2.3. Western Balkan route

This route became a popular passage into the EU in 2012 when Schengen visa restrictions were
relaxed for five Balkan countries – Albania, Bosnia and Herzegovina, Montenegro, Serbia and the
former Yugoslav Republic of Macedonia. Most illegal border crossings at the EU's external borders
were detected at the Serbian borders, where many migrants remain stranded. In spite of the fact
that the number of irregular migrants detected crossing the entry points of the western Balkan route
has been low, certain Member States at the end of the route state that a significant number of
migrants and asylum seekers were reaching their territory. Throughout 2017 the trend along the
route was stable, and this has been further maintained in 2018. Effective extended cooperation
between the Member States, Europol and the European Border and Coast Guard Agency is being
promoted in order to achieve the detection of irregular migrants along the route.

4.2.4. Western Mediterranean/Atlantic route

The area between Spain and Morocco, known as the western Mediterranean route, has long been
used by irregular migrants. One model example of partnership in this domain has been cooperation
on the western Mediterranean/Atlantic route between Member States and partner countries,
keeping migratory movements low on this route. Operational cooperation between Spain, Morocco
and Algeria, as well as the active role of all parties in border surveillance, has been a crucial factor
for the control of migratory flows.

However, there has been an increase in irregular flows from the African continent, especially from
West Africa, setting a new record high in 2017. The number of arrivals started to increase in June
2017 and the trend has since been continuous. Irregular migration flows from Morocco and Algeria
to the EU, mainly to Spain, increased over the summer of 2017. The total number of arrivals in Spain
by early March 2018 was almost 17 % higher than in the same period in 2017. Frontex, the European
Border and Coast Guard Agency, has long been helping Spain to impede the activities of smuggling
and trafficking networks, with four operations covering the country's sea borders: Operations Indalo,
Hera, Minerva and Focal Points Sea.

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4.3. EU funding for external cooperation on migration

Migration will remain a challenge for the EU for decades to come, therefore providing technical and
financial help to Member States is a key priority for future EU budgets. The allocations under the
next Multiannual Financial Framework (MFF), for 2021–2027 to migration-related issues are to be
almost tripled, to reach more than €34.9 billion, compared to €14 billion for the 2014-2020 period.

The framework will focus on supporting what the Commission calls a robust, realistic and fair
migration policy through a reinforced Asylum and Migration Fund of €11.2 billion. The fund will
support stronger and more efficient European asylum system, faster and more frequent returns as
well as early integration of non-EU nationals staying lawfully in the EU in the short-term, previously
not included among the fund’s tasks.

The long-term budget will also address significant strengthening of EU external borders through
the creation of a new Integrated Border Management Fund worth €9.3 billion, and through a
significant increase of funding in the amount of €12 billion for the decentralised agencies
supporting Member States protecting EU borders, notably the European Border and Coast Guard
Agency.

When it comes to the EU's external migration policy, a series of specific instruments have been
developed, such as the EU Facility for Refugees in Turkey (FRT); the EU Emergency Trust Fund for
Africa; and the European Fund for Sustainable Development (EFSD) (see Table 1).

On 14 June 2018, as part of the next MFF for 2021-2027, the European Commission published a
proposal for a regulation establishing the Neighbourhood, Development and International
Cooperation Instrument (NDICI). With a proposed budget of €89.5 billion over the 2021-2027 period,
the NDICI will streamline and integrate some of the existing external action financing instruments,
most of which will expire on 31 December 2020. The instrument will focus on strategic priorities of
the EU, such as the European Neighbourhood and Africa, as well as challenges regarding security,
migration, climate change and human rights.

Table 1 – Financial instruments for external cooperation on migration

Instrument Budget Geographical scope
European 2014-2020 period: €30.5 billion African, Caribbean and Pacific (ACP)
Development Fund allocated to the 11th EDF for 2014- partner countries of the EU and the
(EDF) 2020 Overseas Countries and Territories (OCTs)
of Member States
Development 2014-2020 period: Geographical Programmes (Latin America,
Cooperation €19 661.64 million (current prices) Middle East and South Asia, North and
Instrument (DCI) South-East Asia, Central Asia); the Pan-
African Programme (Africa as a whole)
(continental and trans-regional projects);
and the thematic programme on migration
and asylum (projects in key countries)
European 2014-2020 period: South Mediterranean countries (Algeria,
Neighbourhood €15 432.63 million (current prices) Egypt, Lebanon, Libya, Jordan, Israel,
Instrument (ENI) Morocco, Syria, Tunisia, Palestine) and
eastern Neighbourhood countries
(Armenia, Azerbaijan, Belarus, Georgia,
Moldova, Ukraine) either bilaterally or
regionally (in this latter case Russia is also
included)

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Madad Fund (2014) 2014-2018 period: Lebanon, Jordan, Iraq, Turkey, Egypt and
€1.4 billion to date Syria
European 2015-2020 period: The Sahel region and Lake Chad area, the
Emergency Trust Resources currently allocated Horn of Africa, the North of Africa and the
Fund for Africa amount to €3.37 billion including neighbouring countries of the eligible
over €2.98 billion from the EDF countries may benefit from its projects
and EU financial instruments (DCI,
ENI, HOME and ECHO), and
€399.8 million from EU Member
States and other donors
(Switzerland and Norway)
Instrument for Pre- 2014-2020 period: Albania, Bosnia and Herzegovina, former
accession €11 698.67 million (current prices)Yugoslav Republic of Macedonia, Kosovo,
Assistance II (IPA II) Montenegro, Serbia, and Turkey
EU Facility for 2016-2017 period: €3 billion; Turkey
Refugees in Turkey €1 billion – EU budget, €2 billion
(FRT) Member States
March 2018: Second tranche of
€3 billion of the FRT
European Fund for Initial budget of €3.35 billion Africa and EU Neighbourhood region
Sustainable
Development
(EFSD)
2016 London 2016: US$12 billion of pledges Syria, Jordan, Lebanon, Turkey, Iraq and
conference Egypt
Brussels I 2017: US$6 billion Syria, Jordan, Lebanon, Turkey, Iraq and
conference and 2018: US$4.4 billion Egypt
Brussels II 2019-2020: US$3.4 billion
conference

Since January 2013, the new Financial Regulation applying to the EU budget enables the European
Commission not only to contribute financially to trust funds but also to create and administer EU
trust funds in the field of external action. These are multi-donor trust funds for emergency, post-
emergency and thematic actions. The European Parliament has several rights in the area of EU trust
funds, such as reporting annually on the activities and the accounts of the individual funds, in order
to ensure political scrutiny of budget implementation.

The Development Cooperation Instrument (DCI) is the core fund for development cooperation
under the EU budget, assigning €19.6 billion for the 2014 to 2020 period. The DCI supports
migration-related projects through: the Geographical Programmes (Latin America, Middle East and
Asia); the Pan-African Programme (continental and trans-regional projects); and the thematic
programme on migration and asylum (projects in key countries).

The European Development Fund (EDF) has a budget of €30.5 billion for 2014 to 2020 and is based
entirely on Member States' contributions. The EDF covers the African, Caribbean and Pacific
grouping (ACP) and the Overseas Countries and Territories (OCTs). Furthermore, several countries
of origin and transit are covered by the European Neighbourhood Instrument (ENI), amounting to
€15.4 billion for 2014 to 2020. The instrument covers the 16 countries included in the European
Neighbourhood Policy (ENP), including Ukraine, Syria, Morocco, Libya, Lebanon, Jordan, Israel and
Egypt.

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The creation of the EFSD was announced in a June 2016 European Commission communication on
the partnership framework for cooperation with third countries under the European agenda on
migration. In addition to the above, a European External Investment Plan (EIP) has been drawn up,
with a budget of €44 billion. It aims to use EU funds to boost sustainable private investment in
development in Africa and other parts of the European Neighbourhood. Investment is focused
mainly on improving social and economic infrastructure, on providing support for small and
medium-sized enterprises, and on microfinance and job creation projects. The EIP consists of three
main pillars: the creation of a new EFSD with a new Guarantee Fund financing investments in socio-
economic sectors and SMEs; technical assistance to support local authorities and companies in
developing a higher number of investment projects; and cooperation programmes for the
improvement of the general business environment.

Lastly, in February 2018 the Council adopted a decision and a regulation to increase lending by the
European Investment Bank (EIB) to projects outside the EU, under the EU Guarantee Fund. Overall,
the financing limit under an EU guarantee has been increased by €5.3 billion, out of which
€3.7 billion will address projects, in both the public and private sectors, that respond to the root
causes of migration. The decision and regulation release €3 billion kept in reserve as part of the EIB's
budget for external operations for the 2014-2020 period – up to €1.4 billion of this is allocated to
projects in the public sector – and provide an additional €2.3 billion for that period, under a mandate
for private-sector lending for projects addressing the root causes of migration.

4.3.1. Syria and Iraq

The conflict in Syria, which began with anti-government protests and further escalated into full-
scale civil war, has transformed Syria and the region. The EU has been providing support for
diplomatic initiatives aiming for political solutions since the beginning of the conflict. Massive
refugee flows from Syria have spread across the region, and have had a major impact on
neighbouring countries.

The EU and the Member States have collectively allocated a total of €10.2 billion in humanitarian
and development assistance since the beginning of the conflict in 2011. The EU Regional Trust Fund
in response to the Syrian Crisis (Madad Fund), through which an increasing share of the EU's
humanitarian aid is provided, was set up in December 2014. The Madad Fund addresses the longer-
term economic, educational and social needs of Syrian refugees in neighbouring countries such as
Jordan, Lebanon, Turkey and Iraq. The EU Regional Trust Fund now also constitutes one of the main
instruments for the implementation of the new EU 'compacts' with Jordan and Lebanon. The fund
has reached a total volume of €1.4 billion to date.

In Iraq, people have been being displaced internally since the beginning of the conflict. In 2015, the
European Commission allocated €65.55 million in humanitarian assistance in response to the Iraq
crisis. EU humanitarian aid to the country focuses on emergency life-saving responses for the most
vulnerable and medical assistance. At the same time, the EU is stepping up its political and
diplomatic work, with the aim of supporting efforts to secure greater unity in the country.

The April 2017 Brussels I Conference on Supporting the Future of Syria and the Region and the April
2018 Brussels II Conference built on the London Conference on Supporting Syria and the Region,
which took place in February 2016. At the London Conference, the international community had
pledged significant financial support amounting to US$12 billion for humanitarian assistance and
protection in Syria, coupled with civilian stabilisation measures to strengthen resilience in host
communities. The Brussels I Conference assessed the state of play of the commitments made at the
London conference, while reconfirming existing pledges and providing additional US$6 billion and

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US$3.7 billion of support for 2017 and for 2018 to 2020 respectively. In addition to the above, at the
Brussels II Conference, the international community confirmed US$4.4 billion in funding to support
activities in 2018 for the Syria crisis response, while confirming US$3.4 billion for the 2019 to 2020
period. The Commission also committed an additional €560 million for 2018 for Lebanon and
Jordan, and for humanitarian work inside Syria, and pledged to maintain this level of engagement
in 2019. Furthermore, the EU promotes the use of regional development and protection
programmes to support key refuge and transit countries in the Middle East. These programmes are
focusing on offering protection to people in need, while addressing protracted refugee crises where
humanitarian assistance cannot be provided on a long-term basis.

4.3.2. Turkey
Turkey is one of the main host countries for refugees worldwide. The European Union has been
conducting an open dialogue with Turkey to pursue different ways to address the current refugee
crisis. In order to support Turkey during the crisis, the EU mobilised €3 billion, and Member States
agreed on an additional €3 billion to be released for the EU Facility for Refugees in Turkey. This
Facility provided an answer to the Member States' call for additional funding to support refugees in
the country. It is designed to fund projects to address the needs of refugees and host communities
with a focus on humanitarian assistance, education, health, municipal infrastructure and socio-
economic support. The Facility Steering Committee provides strategic guidance on the types of
action to be financed and the financing instruments to be deployed. Since October, one million of
the most vulnerable Syrian refugees now receive monthly electronic cash transfers through the FRT.
As of the end of December 2017, 72 projects have been contracted worth €3 billion, of which more
than €1.85 has been disbursed. In March 2018, the legal framework for the second tranche of
€3 billion was established, mobilising additional support under the FRT, as provided for in the EU-
Turkey Statement.

Since the beginning of the crisis in Syria, the European Union has devoted €1.4 billion for
humanitarian assistance in Turkey. In May 2017, the European Commission published the 2017
Humanitarian Implementation Plan for Turkey (HIP), for a total amount of €714.038 million, which
came in addition to the €505.65 in aid under the 2016 HIP.

The Emergency Social Safety Net (ESSN) is funded through the EU Facility for Refugees in Turkey,
providing about 1.2 million of the most vulnerable refugees with monthly cash transfers. The ESSN
project is implemented by the World Food Programme together with the Turkish Red Crescent and
the Turkish Government. ESSN delivers direct cash transfers through the use of debit cards directly
to the most vulnerable refugee families in Turkey, covering their daily needs. Furthermore, the
Commission launched its largest ever Education in Emergencies project in March 2017. The
Conditional Cash Transfer for Education (CCTE) provides cash assistance for families sending their
children to school regularly. This project is carried out by means of collaboration with the Turkish
Red Crescent and the Turkish Government. Overall, together with the ESSN and the CCTE,
humanitarian activities have covered areas of basic need, protection, winterisation, health and
education.

Furthermore, in July 2016, the Commission adopted a special measure amounting to €1.415 billion
in non-humanitarian support. The measure covers various areas of funding for the basic needs of
refugees and host communities in Turkey, while prioritising the areas of education, health,
municipal infrastructure and socio-economic support in the provinces most affected.

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4.3.3. Western Balkans

The EU has extended its support to non-EU Western Balkan countries, which are also receiving
refugees mainly from Syria. The EU has provided funding to help Serbia, the former Yugoslav
Republic of Macedonia and other Western Balkan countries manage their borders and migration
flows, while providing accommodation and services for migrants and refugees, as well as host
communities.

4.3.4. Africa
The European Union together with its African partners is addressing migratory challenges by means
of the EU's regional strategies, humanitarian aid, development policy and assistance programmes
in the region.

The 2015 Valletta Summit on migration brought together EU and African leaders in the spirit of
strengthening the cooperation between the parties. In a declaration of partnership and
responsibility, the participating countries adopted the Joint Valletta Action Plan (JVA), aiming to
address the challenges and opportunities arising from migration. In order to support partner
countries in the implementation of the JVA, a financial instrument was launched during the summit,
the European Emergency Trust Fund for stability and addressing root causes of irregular migration
and displaced persons in Africa.

The trust fund is the main financial instrument for the EU's political engagement with African
partners in the field of migration. Trust funds enable the EU, together with its Member States and
contributing donors to respond to emergency situations by joint interventions, while responding to
changing needs. The trust fund aims to help foster stability in the regions and to contribute to better
migration management. The plan was structured around five pillars to: address the root causes of
irregular migration and forced displacement; enhance cooperation on legal migration and mobility;
reinforce the protection of migrants and asylum-seekers; prevent and fight irregular migration,
migrant smuggling and trafficking in human beings; and work more closely to improve cooperation
on return, readmission and reintegration.

The already existing mechanisms of the Rabat Process, the Khartoum Process and the Joint EU-Africa
Strategy have been employed to monitor the implementation of the Action Plan. The trust fund is
an important instrument contributing to the EU's pledges for the Syrian crisis made at the London
conference on Syria in 2016 and the Brussels conferences in April 2017 and April 2018, while
underpinning the special EU compacts agreed with Jordan and Lebanon to support them in the
refugee crisis.

The President of the European Commission reiterated the success of the relocation mechanism
during the Leaders' meeting of December 2017, and called the Member States to extend their
contribution to the EU Trust Fund for Africa. Resources currently allocated to the EUTF for Africa
amount to €3.39 billion.

The EU Trust Fund covers further support for projects in 21 countries in Sub-Saharan Africa and East
Africa, through the Sahel and Lake Chad Window and the Horn of Africa Window. Projects, which
can also be cross-window, and include food security, job creation for young people or better
migration management. As of December 2017, 120 programmes across the three regions had been
approved by the operational committee of the Trust Fund for Africa. The trust includes a wide range
of activities, including supporting the work carried out by the IOM and the authorities of Niger, as
more than 1 100 migrants were rescued and brought to safety after being abandoned by smugglers
in 2017. Additional funding supports the North Africa Window, given the fact that it constitutes one
of the most important funds for the reduction of flows along the central Mediterranean route.

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Further examples of EU's cooperation with Niger contributing to the reduction of transit flows
through the Sahara include EU-funding supporting self-employment in transit zones and six
migrant centres for vulnerable migrants, as well as EU support on the ground helping to tackle
smuggling and trafficking in human beings.

5. Overview of recent EU legislative proposals

Table 1 presents an overview of the recent EU legislative proposals in the areas of asylum, borders,
and external cooperation on migration issues, including the main positions of the co-legislators and
progress in the legislative process.

Table 1 – Overview of recent EU legislative proposals (May 2018)

Commission Position of the Position of Current
Legislative proposal
proposal Parliament the Council situation
Reform of the common European
asylum system
Proposal LIBE report Ongoing Ongoing
Asylum procedure regulation
(July 2016) (April 2018) discussions discussions
Negotiation Partial
Proposal LIBE report
Qualifications regulation mandate provisional
(July 2016) (June 2017)
(July 2017) agreement
Proposal LIBE report Negotiation Partial
Reception conditions directive (July 2016) (May 2017) mandate provisional
(Nov 2017) agreement
Proposal LIBE report Negotiation
EU resettlement framework (July 2016) (October mandate Trilogues
2017) (Nov 2017)
Proposal LIBE report Partial
Negotiation
(May 2016) (December provisional
EASO regulation mandate
2016) agreement
(Dec 2016)
Proposal LIBE report
Ongoing Ongoing
Dublin Regulation (May 2016) (November
discussions discussions
2017)
Proposal LIBE report Negotiation Partial
Eurodac (June 2017) mandate provisional
(June 2017) agreement
Strengthening the EU's external
borders
General
Proposal LIBE report Regulation
Schengen Borders Code Approach
(Dec 2015) (June 2016) (March 2017)
(Feb 2016)
Negotiation
The European Border and Coast Guard Proposal LIBE report Regulation
mandate
Agency (Frontex) (Dec 2015) (June 2016) (Sep 2016)
(April 2016)
Negotiation
Proposal LIBE report Regulation
Entry/Exit System mandate
(April 2016) (Feb 2017) (Nov 2017)
(March 2017)
General
European travel information and Proposal LIBE report Regulation
approach
authorisation system (ETIAS) (Nov 2016) (Oct 2017) (Sep 2018)
(June 2017)

28
 EU asylum, borders and external cooperation on migration

Negotiation
Schengen Information System in the field Proposal LIBE report Political
mandate
of police and judicial cooperation (Dec 2016) (Nov 2017) agreement
(Nov 2017)
Negotiation
Schengen Information System in the field Proposal LIBE report Political
mandate (Nov
of border checks (Dec 2016) (Nov 2017) agreement
2017)
Negotiation
Schengen Information System for the Proposal LIBE report Political
mandate (Nov
return of illegally staying TCN (Dec 2016) (Nov 2017) agreement
2017)
EU Agency for the operational General
Proposal LIBE report Political
management of large scale IT systems in approach
(June 2017) (Dec 2017) agreement
the area of freedom, security and justice (Dec 2017)
General
Interoperability between EU information Proposal Ongoing
Draft report approach
systems in the field of borders and visa (Dec 2017) discussions
(June 2018)
Interoperability between EU information General
Proposal Ongoing
systems in the field of police and judicial Draft report approach
(Dec 2017) discussions
cooperation, asylum and migration (June 2018)

6. Main references
Apap J., Diaz D., Trevino G. and Sabbati G., A global compact on migration: Placing human rights at the
heart of migration management, EPRS and Policy Department for External Affairs, European Parliament,
December 2017.

Drachenberg R. and Bacian I., Outcome of the meetings of EU leaders of 14-15 December 2017, EU
Legislation in Progress briefing, EPRS, European Parliament, January 2018.

Dumbrava C., Revision of the Schengen Information System for law enforcement, EU Legislation in
Progress briefing, EPRS, European Parliament, February 2018.

Dumbrava C., Revision of the Schengen Information System for border checks, EU Legislation in Progress
briefing, EPRS, European Parliament, February 2018.

Dumbrava C., Use of the Schengen Information System for the return of illegally staying third-country
nationals, EU Legislation in Progress briefing, EPRS, European Parliament, February 2018.

Dumbrava C., European Agency for the operational management of large-scale IT systems in the area of
freedom, security and justice (eu-LISA), EU Legislation in Progress briefing, EPRS, European Parliament,
January 2018.

Dumbrava C., Interoperability of European information systems for border management and security,
EPRS, European Parliament, June 2017.

Dumbrava C., European information systems in the area of justice and home affairs: An overview, EPRS,
European Parliament, May 2017.

Eisele K., Interoperability between EU information systems for security, border and migration
management, Initial appraisal of a European Commission impact assessment, EPRS, European
Parliament, February 2018.

European Travel Information and Authorisation System (ETIAS): Border management, fundamental rights
and data protection, Policy Department for Citizens' Rights and Constitutional Affairs, European
Parliament, April 2017.

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EPRS | European Parliamentary Research Service

Frontex, Risk Analysis for 2018, February 2018.

Gatto A. and Carmona J., European Border and Coast Guard System, EU Legislation in Progress briefing,
EPRS, European Parliament, October 2016.

Hertog L. den, Money Talks: Mapping the Funding of EU external migration policy, CEPS Paper on Liberty
and Security in Europe, November 2016.

Ivanov D., Reform of the Qualification Directive, EU Legislation in Progress briefing, EPRS, European
Parliament, June 2017.

Ivanov D., Reform of the Dublin system, EU Legislation in Progress briefing, EPRS, European Parliament,
March 2017.

Koenig N., The EU's External Migration Policy: Towards Win-Win-Win Partnerships, Policy Paper No 190,
Jacques Delors Institut, April 2017.

Orav A., Smart Borders: EU Entry/Exit System, EU Legislation in Progress briefing, EPRS, European
Parliament, January 2018.

Orav A., Common procedure for asylum, EU Legislation in Progress briefing, EPRS, European Parliament,
March 2018.

Orav A., Recast Eurodac Regulation, EU Legislation in Progress briefing, EPRS, European Parliament,
March 2018.

Perchoc P., Mapping EU-Turkey relations: State of play and options for the future, EPRS, European
Parliament, April 2017.

Radjenovic A., Resettlement of refugees: EU framework, EU Legislation in Progress briefing, EPRS,

European Parliament, December 2017.

Radjenovic A., European Travel Information and Authorisation System (ETIAS), EU Legislation in Progress
briefing, EPRS, European Parliament, October 2017.

Radjenovic A., Reception of asylum-seekers – recast Directive, EU Legislation in Progress briefing, EPRS,
European Parliament, July 2017.

Sabbati G., Recent migration flows to the EU, infographic, EPRS, European Parliament, May 2018.

The European Union's policies on counter-terrorism – Relevance, coherence and effectiveness, Policy
Department for Citizens' Rights and Constitutional Affairs, European Parliament, January 2017.

The Future of the Schengen Area: Latest Developments and Challenges in the Schengen Governance
Framework since 2016, Policy Department for Citizens' Rights and Constitutional Affairs, European
Parliament, March 2018.

Topical Digest: The Syrian crisis and its regional impact, EPRS, European Parliament, April 2017.

Voronova S., Combating terrorism, EU Legislation in Progress briefing, EPRS, European Parliament,
September 2017.

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 QA-03-18-307-EN-N
This publication takes stock of recent EU developments
in the area of asylum, borders and external cooperation
on migration. It discusses key initiatives put forward by
the EU in order to respond to migratory challenges,
focusing on three major aspects: reforming the
common European asylum system, strengthening the
EU's external borders and reinforcing the EU's external
cooperation on migration.

This is a publication of the Members' Research Service

EPRS | European Parliamentary Research Service
This document is prepared for, and addressed to, the Members and staff of the European
Parliament as background material to assist them in their parliamentary work. The content of
the document is the sole responsibility of its author(s) and any opinions expressed herein should
not be taken to represent an official position of the Parliament.

PDF ISBN 978-92-846-3858-1| doi:10.2861/196281| QA-03-18-307-EN-N