The European Union unlocks the Pact on Migration and Asylum

News - 2023.10.4

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The 27 member states of the EU have reached a key agreement that unlocks the Pact on Migration and Asylum. This decision was taken during the meeting of the Permanent Representatives Committee (COREPER) to the EU in Brussels.

At the meeting, the 27 reached an agreement on the drafting of a new Crisis Regulation, the last file that remained to be closed to complete the Pact, and which Spain had included as a priority for its rotating presidency in the area of home affairs. This position will serve as a basis for negotiations between the Council Presidency and the European Parliament.

"Today we have taken a major step forward on a nuclear issue for the future of the EU. With the agreement we have reached on the Crisis Regulation, we are in a position to negotiate the Migration and Asylum Pact in its entirety with the European Parliament before the end of the six-month Spanish presidency", said the acting Minister for Home Affairs, Fernando Grande-Marlaska.

The new text establishes the legal framework that will allow member states to adapt to a crisis situation in the field of asylum and migration in terms of the registration of asylum applications and the asylum procedure at the border. These countries may also request solidarity and support measures from the EU and its member states.

Solidarity with countries facing a migration crisis

Member states facing a crisis situation may request support from other EU states. This support can take the following forms:

  • The transfer of applicants for asylum or international protection from the member state in crisis to other EU states.
  • Liability offsets. It is envisaged, among other actions, that the supporting country will take over the processing of applications for international protection with the aim of assisting the country in a crisis situation.
  • Financial support or other solidarity measures.

These exceptional and solidarity measures require the authorisation of the European Council, in accordance with the principles of necessity and proportionality, and in compliance with the fundamental rights of third-country nationals and stateless persons.

Context and next steps

The Crisis Regulation is part of the new Pact on Migration and Asylum, which consists of a series of texts to reform EU migration and asylum policy.

In addition to the Crisis Regulation, the 27 have finalised proposals for the Migration Management Regulation and the Asylum Procedure Regulation.

Non official translation