The Commission has proposed a series of interim measures on asylum and returns to help Latvia, Lithuania and Poland deal with the state of emergency on the EU’s external border with Belarus. The measures will enable these Member States to establish rapid and orderly procedures for managing the situation, in full respect of fundamental rights and international obligations, including the principle of non-refoulement.
“When one of us is attacked, we are all attacked.
“We stand with the Member States that manage the external borders on behalf of the EU,” said Commission Vice-President Margaritis Schoinas, noting practical solidarity with Poland, Lithuania and Latvia with full respect for the right to asylum and .
The proposal follows the invitation of the European Council to the Commission to propose any necessary changes to the EU legal framework and specific measures supported by sufficient financial support to ensure an immediate and appropriate response in accordance with EU law and international obligations, including the observance of fundamental rights. The measures, based on Article 78 (3) of the Treaty on the Functioning of the European Union, will enter into force after their adoption by the Council. The European Parliament will be consulted. The measures will remain in force for a period of 6 months.
Mr Schoinas noted that “in recent weeks we have been able to bear the collective weight of the EU in the face of the hybrid attack on our Union. Collectively, the EU has made it clear that efforts to undermine our Union will only strengthen our Today we show this solidarity in practice: in the form of a set of temporary and emergency measures that will equip Latvia, Lithuania and Poland with the means needed to respond to these emergencies in a controlled and rapid manner and to operate under conditions of legal certainty “.
Home Affairs Commissioner Ilva Johansson said: “Although the EU’s intense efforts have yielded rapid results, the situation remains sensitive. Today, in order to protect our borders and to protect the people, we are providing flexibility and support to the Member States. to manage this state of emergency without compromising on human rights. ”
The measures contained in this proposal are exceptional. They will be valid for a period of 6 months, unless extended or revoked, and will apply to third-country nationals who have entered the EU illegally from Belarus and are close to the border or to those present at border crossings. The main elements of the proposal are:
External migration and asylum management procedure at the external borders:
The three Member States will be able to extend the registration period for asylum applications to 4 weeks, instead of the current 3 to 10 days. Member States may also apply the asylum procedure at the border to process all asylum applications, including appeals, within a maximum of 16 weeks – unless adequate support can be provided to applicants with specific health problems. In this context, priority should be given to sound claims and requests from families and children.
Material reception conditions: Member States shall focus on the reception conditions to meet basic needs, including temporary accommodation adapted to the weather, food, water, clothing, appropriate medical care and assistance to vulnerable persons, with full respect for human dignity. It is important that Member States ensure close cooperation with the United Nations High Commissioner for Refugees and related partner organizations to assist individuals in this emergency.
Return procedure: the Member States concerned will be able to apply simplified and faster national procedures, including the return of persons whose applications for international protection have been rejected in this context.
All proceedings under this proposal must respect the fundamental rights and specific guarantees provided for in EU law, including the interests of the child, emergency health care and the needs of vulnerable people, the use of forced labor and booking conditions.
Practical support and cooperation:
Support from EU agencies: EU agencies are ready to assist Member States upon request. The European Asylum Support Office (EASO) can assist in the registration and processing of applications, ensure the control of vulnerable people and support the management, planning and location of appropriate reception. Further Frontex support is available for border control activities, including control and return operations. Europol support is also available to provide information on the fight against smuggling.
Continue cooperation: Commission, Member States and EU agencies will continue to work together, including the obligation for Member States to continue to report relevant data and statistics through the EU Migration and Crisis Readiness Network.
The Commission will review the situation regularly and may propose to the Council the extension or repeal of these interim measures.
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Source From: Capital
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