External EU action to address the refugee crisis<\/p>\n
SUMMARY OF:<\/p>\n
Joint Communication \u2014 JOIN(2015) 40 final \u2014 Refugee crisis in Europe: the role of EU External Action<\/p>\n
SUMMARY<\/p>\n
WHAT DOES THIS JOINT COMMUNICATION DO?<\/p>\n
\u2014<\/p>\n
It describes the measures the EU is taking beyond its borders to tackle the refugee crisis. Precedence is being given to initiatives that have an immediate impact on migration flows, although longer term action is required to tackle the root causes.
\n\u2014<\/p>\n
The communication is part of a broader package of proposals the European Commission has tabled to address the phenomenon.
\nKEY POINTS<\/p>\n
\u2014<\/p>\n
The EU has allocated \u20ac96.8 billion for 2014-2020 for foreign policy and development cooperation.
\n\u2014<\/p>\n
The Commission has proposed a European Emergency Trust Fund for Africa to tackle the causes of migration on the continent.
\n\u2014<\/p>\n
The EU is using its diplomatic, financial and humanitarian resources to help Syrian and Iraqi refugees and neighbouring countries such as Lebanon, Jordan and Turkey bearing the brunt of the exodus.
\n\u2014<\/p>\n
An EU plan is being put in place to manage migration flows through the western Balkans.
\n\u2014<\/p>\n
Regional strategies are being used to help parts of Africa such as the Sahel, Horn of Africa and Gulf of Guinea.
\n\u2014<\/p>\n
Individual programmes have been designed to help countries, like Libya, Niger, Mali, Central African Republic, Somalia, Eritrea, South Sudan and Yemen, with their specific problems.
\n\u2014<\/p>\n
The EU is actively engaged with United Nations organisations and other international partners to help countries hosting large numbers of displaced people and to manage refugee flows.
\n\u2014<\/p>\n
The EU is working with other countries, particularly in Africa, Asia, the Caribbean and Pacific, on agreements to return illegal migrants.
\n\u2014<\/p>\n
The EU is helping countries on its borders to fight the organised crime responsible for migrant smuggling and human trafficking.
\n\u2014<\/p>\n
Two high-level international conferences specifically focused on migration were held in autumn 2015:
\n\u2014<\/p>\n
The Valletta Summit on Migration (11-12 November 2015)
\n\u2014<\/p>\n
The High-level Conference on Eastern Mediterranean\/western Balkans route (8 October 2015)
\nBACKGROUND<\/p>\n
The EU is facing the largest refugee crisis since the end of World War II. Since the beginning of 2015, it has mobilised all its foreign policy means to respond. These are guided by 3 aims: saving lives, protecting those in need and managing borders and refugee movements.<\/p>\n
\u2014<\/p>\n
Migration: Towards a European agenda on Migration
\nACT<\/p>\n
Joint Communication to the European Parliament and the Council \u2014 addressing the refugee crisis in Europe: the role of EU External Action (JOIN(2015) 40 final of 9.9.2015)<\/p>\n
Temporary protection if there is a mass influx of displaced people<\/p>\n
<\/p>\n
SUMMARY OF:<\/p>\n
Directive 2001\/55\/EC \u2014 rules for giving temporary protection in the event of a mass influx of displaced persons and measures promoting a balance of efforts between EU countries<\/p>\n
WHAT IS THE AIM OF THIS DIRECTIVE?<\/p>\n
It sets up a scheme to deal with mass arrivals in the EU of foreign nationals who cannot return to their countries \u2013 in particular due to war, violence or human rights violations.
\nIt puts in place immediate temporary protection for these displaced people.
\nIt promotes a balance of efforts between EU countries in receiving people. But it does not require compulsory distribution of asylum-seekers across EU countries.
\nDenmark is not participating in the directive.
\nKEY POINTS<\/p>\n
Implementation of temporary protection<\/p>\n
Temporary protection is implemented in all EU countries by a Council decision confirming a mass influx of displaced people to the EU and stating the groups of people who need protection.
\nDuration is 1 year. Can be extended by up to 2 years.
\nProtection may end if the Council deems it safe for people to return to their home country.
\nEU countries must ensure that displaced people are willing to come to their country.
\nSome people may be excluded from temporary protection.<\/p>\n
They include people:<\/p>\n
suspected of:
\ncrimes against peace*
\nwar crimes, crimes against humanity
\nserious non-political crimes
\nacting against the purposes and principles of the United Nations
\nwho are a danger to security in the host EU country.
\nEffects of temporary protection<\/p>\n
EU countries must give people who are granted temporary protection a residence permit.<\/p>\n
This is valid for the full duration of protection.<\/p>\n
People granted temporary protection have the right to:<\/p>\n
be employed or self-employed
\naccess adult education, vocational training and work experience
\nsuitable accommodation
\nsocial welfare and financial support and medical care.
\nChildren under 18 will also have the right to enter education under the same conditions as nationals of the host EU country.<\/p>\n
If some members of the same family have been granted temporary protection in different EU countries, or if some family members are not yet in the EU, they must have the right to be reunited in the same EU country.<\/p>\n
These rules are in line with EU rules on receiving applicants for international protection in Directive 2013\/33\/EU.<\/p>\n
Asylum applications<\/p>\n
People granted temporary protection must be able to lodge an application for asylum. The EU country that receives the person is responsible for examining the application.<\/p>\n
However, countries may decide that someone who has been granted temporary protection cannot have the status of asylum-seeker at the same time.<\/p>\n
This helps countries to reduce the burden on their asylum system by offering temporary protection while postponing the examination of asylum applications.<\/p>\n
Directive 2013\/32\/EU sets out common EU rules for granting and withdrawing international protection.<\/p>\n
Ending temporary protection<\/p>\n
During protection or when temporary protection ends, EU countries must take steps to enable the voluntary return of protected people.
\nIf enforced return is necessary, countries must make sure there is due respect for human dignity and that there are no compelling humanitarian reasons that would make return impossible.
\nPeople who cannot travel for health reasons cannot be forced to return until their health improves.
\nFamilies whose children are minors and attend school may be allowed to stay until the end of the school year.
\nAdministrative support<\/p>\n
The measures laid down by the directive benefit from the Asylum, Migration and Integration Fund. If the number of displaced people exceeds the reception capacity indicated by EU countries, the Council will take appropriate measures, in particular by recommending additional support for the EU countries affected.<\/p>\n
FROM WHEN DOES THE DIRECTIVE APPLY?<\/p>\n
It has applied since 7 August 2001. EU countries had to incorporate it into national law by 31 December 2002.<\/p>\n
The scheme set out in the directive has not yet been triggered.<\/p>\n
BACKGROUND<\/p>\n
For more information, including a detailed study of the directive completed in 2016, see:<\/p>\n
\u2018Temporary protection\u2019 on the European Commission’s website.
\n* KEY TERMS<\/p>\n
Crime against peace: under international law, it means planning, preparing, initiating, or waging of wars of aggression, or a war in violation of international treaties, agreements or assurances, or participating in a common plan or conspiracy for the accomplishment of any of these.<\/p>\n
MAIN DOCUMENT<\/p>\n
Council Directive 2001\/55\/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, pp. 12\u201323)<\/p>\n
RELATED DOCUMENTS<\/p>\n
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)<\/p>\n
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\u2013116)<\/p>\n
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 (OJ L 150, 20.5.2014, pp. 112\u2013142)<\/p>\n