Refugees and stateless persons — common standards for qualification

Directive 2011/95/EU — common standards for the qualification and international protection of refugees and stateless persons

It aims to:

lay down common standards for the identification of non-EU citizens or stateless persons genuinely in need of international protection in the EU, either as refugees or as beneficiaries of subsidiary protection*;
ensure that those persons can use a minimum level of benefits and rights in all EU countries.
In this way, it seeks to limit the movement between EU countries of the people concerned due to differences in legislation.

The directive revises and replaces Directive 2004/83/EC, to ensure coherence with the case-law* of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights.

Purpose and definitions

Common standards are set for determining who qualifies as a refugee or as a person eligible for subsidiary protection, and for determining the content of international protection. However, EU countries remain free to introduce or keep more favourable rules for the persons in need of protection.

‘Refugees’ and ‘persons eligible for subsidiary protection’ are defined, as are their ‘family members’ — extended to the father, mother or other adult responsible for the beneficiary of international protection if the person is under 18 (a minor) and unmarried.
Assessment of applications

EU countries have a shared duty to cooperate actively with the applicant when determining the relevant elements of an application.
A non-exhaustive list is given of aspects including facts, statements and circumstances (for example, if the person has suffered persecution) which must be taken into account in the assessment on an individual, objective and impartial basis.
When they have made every effort to submit and substantiate their application and the general credibility of their application has been established, asylum seekers should be given the benefit of the doubt even if the application lacks documentary or other evidence.
Applicants may be considered not to need international protection if they can benefit from internal protection from persecution or serious harm in any part of the territory of their country of origin to which they can safely and legally have access and where they can reasonably be expected to settle.

The directive clarifies that:
protection against persecution or serious harm can only be provided by the state or parties or organisations, including international organisations, controlling the state or a substantial part of its territory;
these parties should be able and willing to offer effective and non-temporary protection;
the applicant should have access to such protection.
EU countries should use precise and up-to-date information from relevant sources, such as the United Nations High Commissioner for Refugees and the European Asylum Support Office.
Qualifying for refugee status

What an ‘act of persecution’ is within the meaning of the Geneva Convention is clarified with regard to the status of refugees, and the different forms it can take.
There must be a reason for the persecution, and the text indicates the aspects — race, religion, nationality, membership of a particular social group or political opinion — to be taken into account for assessing reasons for persecution.
The absence of protection from persecution for one of the reasons indicated above is also a reason to qualify for refugee status.
Qualifying for subsidiary protection

The ‘serious harm’ a non-EU national concerned would risk suffering if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, includes:

the death penalty or execution;
torture or inhuman or degrading treatment or punishment;
serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of armed conflict.
Losing or being excluded from refugee status or subsidiary protection

The directive lists:

circumstances in which refugee status or subsidiary protection cease (for instance where the applicant acquires a new nationality) or are excluded (for example if the applicant has committed a war crime or a crime against humanity);
grounds on which those rights can be revoked, ended or their renewal refused — including when there are reasonable grounds for regarding the applicant as a danger to the security or the community of the host EU country.
Content of international protection

The content of the status of a beneficiary of subsidiary protection is brought closer to that of a refugee, largely eliminating the possibility for EU countries to limit the access to some rights to refugees only.

International protection to be granted by the host EU country includes the following rights.

Protection from refoulement*.
Access of refugees and beneficiaries of subsidiary protection to information, in a language they can understand or are reasonably supposed to understand, on the rights and obligations related to their status.
Protection of family unity.
Unless there are compelling reasons of national security or public order, the issuing of:
residence permits — valid for at least 3 years for refugees, and at least 1 year (2 years upon renewal) in the case of subsidiary protection, and
travel documents to travel outside the national territory — in the case of subsidiary protection, only when individuals are unable to obtain a national passport.
Access to employment and employment-related educational and training opportunities, with equal treatment in conditions of employment.
Access to education — equal treatment with nationals for minors and with legally resident non-EU nationals for adults.
Equal access to procedures for the recognition of foreign diplomas and professional qualifications.
Equal treatment with nationals in respect of social welfare (this may be limited to core benefits in the case of subsidiary protection).
Representation of unaccompanied minors by a legal guardian or, where necessary, by an organisation responsible for the well-being of minors, or by any other appropriate representation as provided within the national legal system.
Access to accommodation under equivalent conditions to those of other non-EU nationals legally resident.
Freedom of movement within the national territory under the same conditions and restrictions as for other non-EU nationals legally resident.
Access to integration facilities.
If required, assistance for repatriation.
Countries falling outside the scope of the directive

Ireland and the UK (1) have opted out of the directive, as they were allowed to do by Protocol 21 annexed to the Lisbon Treaty. Consequently, they continue to be bound by Directive 2004/83/EC.

Denmark is not bound by either this or by the previous directive due to the Protocol 22 on its position annexed to the Lisbon Treaty.

FROM WHEN DOES THE DIRECTIVE APPLY?

Directive 2011/95/EU revises and replaces Directive 2004/83/EC. Most of the articles of the directive 2011/95/EU, relating to aspects that were not covered by Directive 2004/83/EC, have applied since 22 December 2013. The new rules contained in Directive 2011/95/EU had to become law in the EU countries by 21 December 2013.

BACKGROUND

Known as the ‘Qualification Directive’, the directive is one of the main instruments within the Common European Asylum System (CEAS) together with the Asylum Procedures Directive, Reception Conditions Directive, Dublin Regulation and EURODAC Regulation. Also important is the strengthening of financial solidarity with the regulation establishing an Asylum, Migration and Integration Fund. In 2016, the European Commission adopted a communication launching the process for a reform of the CEAS.

KEY TERMS

Subsidiary protection: an international protection for persons seeking asylum who do not qualify as refugees. Under the directive, these are persons who would face a real risk of suffering ‘serious harm’ (defined in the text) if returned to the country of origin.
Case-law: the law as established by the outcome of former cases.

Refoulement: the act of forcing refugees or asylum seekers (someone whose claim for refugee status has not yet been determined) to return to a country where they are likely to face persecution.

DOCUMENTS

Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, pp. 9-26)

Communication from the Commission to the European Parliament and the Council towards a reform of the Common European Asylum System and enhancing legal avenues to Europe (COM(2016) 197 final, 6.4.2016)

Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC (OJ L 150, 20.5.2014, pp. 168-194)

Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, pp. 60-95)

Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (OJ L 180, 29.6.2013, pp. 96-116)

Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, pp. 31-59)

Successive amendments to Regulation (EU) No 604/2013 have been incorporated into the original document. This consolidated version is of documentary value only.

Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 180, 29.6.2013, pp. 1-30)

(1) The United Kingdom withdraws from the European Union and becomes a third country (non-EU country) as of 1 February 2020.

EU asylum policy: EU country responsible for examining applications

Regulation (EU) No 604/2013 (Dublin III Regulation), replacing Council Regulation (EC) No 343/2003 (Dublin II Regulation), lays down the criteria and mechanisms for determining which EU country is responsible for examining an asylum application.

Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person.

Regulation (EU) No 604/2013 (Dublin III Regulation), replacing Council Regulation (EC) No 343/2003 (Dublin II Regulation), lays down the criteria and mechanisms for determining which EU country is responsible for examining an asylum application.

WHAT DOES THIS REGULATION DO?

The Dublin III Regulation establishes the EU country responsible for examining an asylum application. It affords applicants better protection until their status is established. It also creates a new system for detecting early problems in national asylum or reception systems and tackling their root causes before they develop into full-blown crises.

KEY POINTS

Principle and criteria for determining responsibility

These include, in order of importance:

family considerations;
recent possession of a visa or a residence permit in an EU country;
whether the applicant entered the EU irregularly or regularly.
More guarantees for applicants

The regulation contains more protective guarantees for applicants, such as:

the right to information;
personal interviews;
more guarantees for minors, prioritising children’s best interests throughout the procedure;
increased protection for applicants’ children, family members, dependent persons and relatives;
the option of free legal aid, upon request;
the right to appeal against a transfer decision to another EU country, including the option of granting suspensive effect.

A new 2014 proposal lays down rules for deciding who is responsible for examining unaccompanied minors’ applications.

Detention

As a general principle, applicants must not be held in detention merely because they are seeking asylum. However, the regulation provides for applicants’ detention if there is a risk of absconding (e.g. they are being transferred to another EU country).

A mechanism for early warning, preparedness and crisis management

The Dublin III Regulation makes the system more efficient by introducing an early warning, preparedness and crisis management mechanism designed to:

tackle malfunctions in national asylum systems; or
help EU countries facing high numbers of applicants for international protection at their borders.

The new regulation, which applies from 1 January 2014, replaces Council Regulation (EC) No 343/2003 (repealed).

REFERENCES

Regulation (EU) No 604/2013

Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (Official Journal L 337 of 20.12.2011, pp. 9-26).

Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (Official Journal L 180 of 29.6.2013, pp. 60-95).

Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (Official Journal L 180 of 29.6.2013, pp. 96-116).

Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (Official Journal L 180 of 29.6.2013, pp. 1-30).

Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (Official Journal L 222 of 5.9.2003, pp. 3-23).

Commission Implementing Regulation (EU) No 118/2014 of 30 January 2014 amending Regulation (EC) No 1560/2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (Official Journal L 39, 8.2.2014, pp. 1-43).

European Union asylum procedures

Directive 2013/32/EU — common procedures for granting and withdrawing international protection

It repeals Directive 2005/85/EC on minimum standards on procedures for granting and withdrawing refugee status in the European Union (EU).

It sets up common procedures for granting and withdrawing international protection (refugee status and the protection given to people who are not refugees but who would risk serious harm if returned to their country of origin).

It seeks to ensure that international protection procedures:
are faster and more efficient;
are fairer for applicants;
meet EU-wide standards for granting and withdrawing international protection.

Who is affected?

The directive covers all applications for international protection made in EU countries (with the exception of Denmark, Ireland and the United Kingdom (1)), including at borders, in territorial waters or in transit zones.

How?

It sets out clearer rules on how to apply for international protection, so that decisions on applications are taken faster and more efficiently than before. Specific arrangements must be made, especially at borders, to help people apply. As a rule, the initial application process (not including appeals) must not take longer than 6 months. Decision-makers must be specifically trained in the process and applicants must be given procedural guarantees.

In well-defined circumstances, where an application is likely to be unfounded or where there are serious national security or public order concerns, special procedures may apply, including a faster process or the processing of applications at the border.
Basic guarantees

EU countries must ensure that applicants:
have their applications examined individually, objectively and impartially;
are informed, in a language they can understand, of the process being followed, their rights and the decision made. They must be given an interpreter to help them make their case if necessary;
have the right to consult a legal adviser, at their own cost;
have the right to an effective appeal before a court or tribunal and have free legal assistance during their appeal.

EU countries cannot detain a person for the sole reason that he/she is an asylum applicant. Where an applicant is detained, EU rules must be applied as described in the revised directive on standards for the reception of applicants for international protection (the reception conditions directive).

Examination procedure

Before the relevant authority reaches its decision, applicants are entitled to a personal interview where they should have the opportunity to set out the full grounds for their application. The person conducting the interview must be competent to take into account the applicant’s personal circumstances and the general circumstances of the situation. EU countries must ensure that information on individual applications is kept confidential.

Specific guarantees for vulnerable people

People with specific procedural needs, for instance because of their age, disability, illness or sexual orientation, or as a consequence of trauma, or for any other reason must be given appropriate support, including sufficient time, to help them with their application process.
Specific requirements exist for unaccompanied children, including the obligation to appoint a qualified representative. More generally, the best interests of all children should be considered when applying the directive.

Preventing repeated applications

EU countries have new ways of dealing with repeated applications made by the same person. People who do not need protection can no longer avoid being returned to their country by constantly making new applications.

FROM WHEN DOES THE DIRECTIVE APPLY?

The directive entered into force on 19 July 2013, except for Articles 47 (the possibility for public authorities to challenge administrative and/or judicial decisions as provided for in national legislation) and 48 (confidentiality as regards any information that implementing authorities obtain in the course of their work). These have applied since 21 July 2015.
EU countries had to incorporate the directive into national law by 20 July 2015, except for certain aspects of Article 31, which deals with the examination procedure, which will apply from 20 July 2018.

BACKGROUND

The EU has been working to create a common European asylum system since 1999. Several legislative measures were adopted between 1999 and 2005. Subsequent legislation was adopted in 2011 (the qualification directive) and in 2013 (the abovementioned directive on reception conditions as well as the regulations on Eurodac and on the revised system which determines which EU country is responsible for examining asylum applications) to improve the way the system works.

DOCUMENTS

Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, pp. 60-95)

Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, pp. 9-26)

Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 180, 29.6.2013, pp. 1-30)

Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (OJ L 180, 29.6.2013, pp. 31-59)

Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (OJ L 180, 29.6.2013, pp. 96-116)

Living conditions for asylum seekers – EU rules

Directive 2013/33/EU on standards for the reception of applicants for international protection

It creates European Union (EU) rules on living (or ‘reception’) conditions for applicants for international protection* (asylum seekers or people seeking subsidiary protection*) who are waiting for their application to be examined. These rules should help prevent people from moving on to different countries because of variations in living conditions.

It aims to guarantee a dignified standard of living for asylum seekers in the EU and ensure their human rights are respected.

Who is affected?

The directive applies to applicants for international protection and their families, including:

spouses and unmarried partners
their children under 18
other family members (e.g. the applicant’s mother or father if the applicant is under 18).

Standard EU-wide reception conditions

The directive aims to harmonise reception conditions throughout the EU. These conditions include:

access to housing,
food, clothing,
financial allowances,
a decent standard of living, and
medical and psychological care.

Other guarantees

Apart from the basic reception conditions, EU countries must ensure that applicants can access:

employment within 9 months,
education for children under 18.
Vulnerable people

An individual assessment must be made in order to assess the needs of vulnerable people (children, disabled people or victims of abuse).
Specific rules apply to children, unaccompanied children and victims of torture and violence.
Vulnerable asylum seekers must have access to psychological care.
When unaccompanied children apply for asylum, they should be given a qualified representative to help them. The best interests of children and of family unity should always be the first consideration.

Detaining asylum seekers

Applicants should not be detained just because they are seeking international protection. Detention should be a last resort, decided on a case-by-case basis.

An exhaustive list of detention grounds has been adopted, to avoid arbitrary detention.

The directive also:

limits detention periods,
restricts the detention of vulnerable people, especially children,
offers legal guarantees (e.g. access to free legal assistance, information in writing when appealing a detention order),
introduces specific reception conditions for detention facilities, such as access to open-air spaces and contact with lawyers, non-governmental organisations and family members.

Directive 2013/33/EU repeals Directive 2003/9/EC with effect from 21 July 2015.It applies from 19 July 2013. EU countries had to incorporate it into national law by 21 July 2015.

TERMS

International protection: refugee status or subsidiary protection status.
Subsidiary protection status: may be granted to non-EU nationals or stateless people who do not qualify for refugee status but who would be at risk of serious harm if they returned to their country of origin.

DOCUMENTS

Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (OJ L 180, 29.6.2013, pp. 96-116)

Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (OJ L 31, 6.2.2003, pp. 18–25)

European Asylum Support Office

Regulation (EU) No 439/2010 establishes a European Asylum Support Office to strengthen cooperation between the Member States in this area and assist them in coping with crisis situations.

Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a

European Asylum Support Office.

The European Asylum Support Office (EASO) is a European Union (EU) agency in operation since 2011. Its function is to:

boost the cooperation of Member States on asylum matters;
support the Member States whose asylum and reception systems are under particular pressure;
improve the implementation of the Common European Asylum System (CEAS).
Iceland, Liechtenstein, Norway and Switzerland should shortly be joining EASO as associate countries, once the agreements negotiated by the EU with each of them have been ratified.

Supporting the cooperation of Member States on asylum matters

The EASO role in this field consists of:

encouraging the exchange and pooling of good practices between the Member States;
organising activities relating to the gathering, analysis and availability of information on the countries of origin of people applying for international protection;
facilitating, when necessary, the relocation of beneficiaries of international protection within the Union;

establishing and developing training available to members of all national administrations and courts and tribunals, and national services responsible for asylum matters in the Member States;
gathering useful information to identify the risks of massive influx of asylum seekers and the ability of States concerned to react, in order to activate early warning systems and prepare any emergency measures required to cope with these pressures.

Support for Member Statessubject to specific pressure

EASO coordinates emergency aid to Member States whose reception facilities and asylum systems are subject to exceptionally heavy pressures, by providing temporary support and assistance.

This aid involves mainly the deployment, in the Member States so requesting it, of asylumsupport teams who provide expertise relating to interpreting services, information on countries of origin and knowledge of the handling and management of asylum cases.

When EASO decides to deploy one or more asylum support teams, it draws up an operating plan in conjunction with the requesting Member State, to define:

the modus operandi and deployment goals;
its foreseeable duration;
the geographical area where the teams will be deployed;
the composition of teams and the tasks of their members.
The support team experts are made available by the Member States and are part of the EASO Asylum Intervention Pool.

Implementation of the Common European Asylum System (CEAS)

EASO contributes to the implementation of CEAS both inside and outside the European Union.

In terms of the internal dimension of CEAS, the EASO contribution is mainly to:

gather information relating to the processing of requests for international protection in the Member States and national legislations in asylum matters; and
write an annual report of the European asylum situation and prepare, if necessary, technical documents on implementing EU asylum instruments.

In terms of the external dimension of CEAS, EASO is especially responsible for:

coordinating the exchange of information and actions undertaken by the Member States under the relocation of refugees originating from third countries;
cooperating with third countries to promote and assist capacity building in their own asylum and reception facilities and to implement regional protection programmes.

EASO structure and governance

The Management Board is EASO’s planning and monitoring authority. It is composed of representatives of the EU Member States and associated countries, the European Commission and a representative of the United Nations High Commissioner for Refugees (UNHCR).

The Executive Director is appointed by the Management Board and is in charge of the day-to-day management of the agency. He is its legal representative.

The Consultative Forum is a space for ongoing bilateral dialogue, exchange of information and pooling of knowledge between EASO and the civil society. It brings together experts on various aspects of asylum.

The office acquires its income mainly through a contribution registered in the overall EU budget and contributions from associated countries.

REFERENCES

Act

Regulation (EU) No 439/2010

Decision 2010/762/EU of the representatives of the governments of the Member States, meeting within the Council, of 25 February 2010 determining the seat of the European Asylum Support Office (OJ L 324, 9.12.2010).

This decision establishes the seat of the European Asylum Support Office at Valletta, Malta.

Council Decision2014/185/EU of 11 February 2014 on the signing, on behalf of the Union, of the Arrangement between the European Union and the Swiss Confederation on the modalities of its participation in the European Asylum Support Office (OJ L 102, 5.4.2014).

Council Decision2014/186/EU of 11 February 2014 on the signing, on behalf of the Union, of the Arrangement between the European Union and the Principality of Liechtenstein on the modalities of its participation in the European Asylum Support Office (OJ L 102, 5.4.2014).

Council Decision2014/194/EU of 11 February 2014 on the signing, on behalf of the Union, of the Arrangement between the European Union and the Republic of Iceland on the modalities of its participation in the European Asylum Support Office (OJ L 106, 9.4.2014).

Council Decision2014/204/EU of 11 February 2014 on the signing, on behalf of the Union, and the provisional application of the Arrangement between the European Union and the Kingdom of Norway on the modalities of its participation in the European Asylum Support Office (OJ L 109, 12.4.2014).

Asylum, Migration and Integration Fund (AMIF)

This regulation establishes the Asylum, Migration and Integration Fund. This fund aims to contribute to the efficient management of migration flows and improve the implementation and development of the EU’s common policy on immigration and asylum.

Asylum, Migration and Integration Fund

Regulation (EU) No 516/2014 of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC.

The EU’s Asylum, Migration and Integration Fund (AMIF) has four main objectives:

strengthening and developing all aspects of the Common European Asylum System, including its external dimension;
supporting legal migration to the Member States in accordance with their economic and social needs, such as labour market needs, and promoting the effective integration of nationals from non-EU countries;
enhancing return strategies in the Member States with an emphasis on the sustainability of return and effective readmission in the countries of origin;
enhancing solidarity and responsibility sharing between the Member States, in particular towards those most affected by migration and asylum flows.

All EU countries (except Denmark, which is not participating in this fund) prepare national programmes outlining the actions through which they intend to achieve the objectives set out in the AMIF regulation.

Examples of actions include measures to support:

reception and asylum systems (such as improved administrative structures, training of staff dealing with asylum procedures, developing alternatives to detention, etc.);
integration measures with a focus on the local level (such as provision of training and services to non-EU nationals, sharing best practices among EU countries, etc.);
voluntary return programmes, reintegration measures, etc.
While most of the fund’s budget is allocated to the national programmes, part is used for EU-level actions (so-called Union actions), emergency assistance, the European Migration Network and technical assistance at the initiative of the European Commission.

Specific actions

In addition to their national programme allocation, Member States may receive an additional amount for the implementation of specific actions. These actions (listed in Annex II), require Member States to cooperate with each other and generate significant added value for the EU.

Union resettlement programme

Each Member State may also receive, every 2 years, an additional amount based on a lump sum of €6,000 for each resettled person, which will be increased to €10,000 for common priorities (such as regional protection programmes) and vulnerable groups of persons.

Budget

The financial envelope for the implementation of the fund for 2014-20 is set at €3.137 billion at current prices.

Details regarding the implementation of the fund are to be found in Regulation (EU) No 514/2014.

REFERENCES

Regulation (EU) No 516/2014

Regulation (EU) No 514/2014 of the European Parliament and of the Council of 16 April 2014 laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (Official Journal L 150 of 20 May 2014).

Share this article

Contact McMahon Legal