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Thematic and regional developments

Topic

Country/Region

14 October 2024

Contents

• Border management
• Budgets and funding
• Conditionality
• Deportation and readmission
• Migration partnerships
• Other

Border management

State-of-the-art solutions and novelties in the field of integrated border management ‒ Discussion paper

• Key points:
  • Calls for “particular attention to strengthening our external borders” through “state-of-the-art solutions in the field of integrated border management”
  • The Hungarian Presidency wants to share information and knowledge on new technologies with member states, Frontex and other actors
  • One concrete proposal is for the Presidency to prepare a “compendium” of different “solutions” used in member states
• Author: Incoming Hungarian Presidency of the Council of the EU
• To: Working Party on Frontiers/Mixed Committee (EU-Iceland/Liechtenstein/Norway/Switzerland)
• Document date: 27 June 2024
• Document number: Council document 11335/24
• Classification: LIMITE

 

Frontex Vulnerability Assessment – Biannual Report 1/2024 ‒ Discussion paper

• Key points:
  • Since the 2019 Frontex Regulation came into force, the agency has to conduct “vulnerability assessments” of member states’ external borders
  • This document seeks to start a discussion amongst delegations on Frontex’s most recent report, which is classified as RESTRICTED and is not yet publicly available
• Author: Incoming Hungarian Presidency of the Council of the EU
• To: Working Party on Frontiers/Mixed Committee (EU-Iceland/Liechtenstein/Norway/Switzerland)
• Document date: 27 June 2024
• Document number: Council document 11338/24
• Classification: LIMITE

 

Work Programme of the Hungarian Presidency (Working Party on Frontiers)

• Key points:
  • Focuses on “Strong European borders, a crisis-resistant system”, one of the three home affairs priorities of the Hungarian Council Presidency
  • Under that heading, priorities include “Innovation & State-of-the-art”, large-scale IT systems and digitalisation, and “Frontex products”
  • One page of the presentation is deleted
• Author: Hungarian Presidency of the Council of the EU
• To: Working Party on Frontiers
• Document date: 12 July 2024
• Document number: WK 10075/2024 INIT
• Classification: LIMITE

 

Budgets and funding

Agendas of the Coordination Group on Migration under the NDICI-GE and EU MSs bilateral funds

21 agendas of meetings from December 2021 to April 2024:

• 3 December 2021
• 18 February 2022
• 1 April 2022
• 17 June 2022
• 19 October 2022
• 16 November 2022
• 24 November 2022
• 25 January 2023
• 30 March 2023
• 4 May 2023
• 2 June 2023
• 4 July 2023
• 27 July 2023
• 18 December 2023
• 6 February 2024
• 11 March 2024
• 12 April 2024
• 22 May 2024
• 12 June 2024
  • Chargui region – support to conflict prevention and social cohesion (Ares(2024)5425698)
    • A €2 project funded by the NDICI – Global Europe Rapid Response Pillar
    • “This 18-month exceptional assistance measure seeks to prevent and manage conflict by strengthening social cohesion between host communities, refugees, and returnees. In line with the EU’s integrated approach to external conflicts and crises, the action will improve the economic and environmental resilience of host populations and refugees out-of-camp in the Hodh El Chargui region and more specifically, will support the consolidation of conflict prevention, resolution and management mechanisms related to the governance of natural resources, in particular through participatory community plannings and their implementation to improve access of populations to basic social services”
  • 9 July 2024
  • 29 July 2024

 

Conditionality

Towards a second-generation of Visa Facilitation Agreement? Overview and way forward

• Key points:
  • Only five of 13 existing Visa Facilitation Agreements are fully applicable
  • The Presidency proposes moving towards a new “generation” of VFAs
  • Includes proposals for new restrictions, for example to make it possible to suspend a VFA for reasons of national security, or to condition VFAs on third country alignment with EU foreign policy
• Author: Belgian Presidency of the Council of the EU
• To: Visa Working Party
• Document date: 15 May 2024
• Document number: Council doc. 9887/24
• Classification: LIMITE

 

Proposal for a COUNCIL IMPLEMENTING DECISION on the suspension of certain provisions of Regulation (EC) 810/2009 of the European Parliament and of the Council with respect to Somalia

• Key points:
  • Proposal that would introduce restrictions and limitations on the issuance of Schengen visas to Somali nationals
  • The proposal is a response to Somalia’s “insufficient” cooperation with EU deportations
  • The proposal makes clear that there are already severe limitations on Somali nationals applying for or obtaining Schengen visas – for example, “six Member States do not recognise any travel document issued by Somalia, and a further seven only recognise diplomatic or service passports”
• Author: European Commission
• To: Visa Working Party
• Document date: 23 July 2024
• Document number
  • Commission document COM(2024) 324 final/2
  • Council document 12536/1/24 REV 1
• Classification: None

 

Deportation and readmission

Towards a more assertive return policy

• Key points:
  • Says that the “exceptional” situation requires “exceptional responses with the necessary basis in law, while also considering innovative, “out of the box” solutions to address mixed migration flows”
  • In order to increase deportations, “the policy toolbox needs to be extended,” by using trade policy, “more strategic use of EU external funding,” and links between migration and other EU external policies
  • Notes that third countries can provide “mediation” to support deportations of people with criminal convictions to countries such as Syria and Afghanistan, while suggesting that third countries may also serve as “return hubs” for the EU
• Author: Hungarian Presidency of the Council of the EU
• To: Permanent Representatives Committee
• Document date: 9 September 2024
• Document number: Council document 13129/24
• Classification: LIMITE

 

Making the return systems more effective: challenges linked to public safety and national security – Presidency discussion paper

• Key points:
  • Recounts a number of initiatives launched or possibilities to discussed to increase deportations
  • Key focus is “challenges linked to public safety and national security posed by persons who cannot be returned,” preparing for a discussion at the SCIFA meeting on 27 September
  • Delegations are asked whether they could envisage EU action on deportation of individuals posing security threats “who come from sensitive third countries,” and how EU agencies could be involved
• Author: Hungarian Presidency of the Council of the EU
• To: Strategic Committee on Immigration, Frontiers and Asylum
• Document date: 13 September 2024
• Document number: Council document 13170/24
• Classification: LIMITE

 

EU Visa Policy - evaluation of the Visa Code

• Key points:
  • European Commission evaluation of the EU Visa Code
  • A reformed version of the Code came into force in February 2020
  • One issue examined in the report is cooperation on readmission
• Author: European Commission
• To: Secretary-General of the Council of the EU
• Document date: 19 April 2024
• Document number:
  • Council documents: 6253/24, ADD 1 and ADD 2
  • Commission document: SWD(2024) 108 final, SWD(2024) 109 final, SEC(2024) 146 final
• Classification: none

 

Presidency discussion paper on steps towards a well-functioning return system

• Key points:
  • Notes that negotiations on a new version of the Return Directive have “stalled” and the number of deportations from the EU “remain significantly below the expected level”
  • The paper aims to build upon discussions in the first half of 2024 “to explore possible directions from a more operational perspective”
  • The document focuses on how “return of persons posing a security risk” can be ensured and accelerated
• Author: Hungarian Presidency of the Council of the EU
• To: Working Party on Integration, Migration and Expulsion (IMEX Expulsion)
• Document date: 18 July 2024
• Document number: Council document 12149/24
• Classification: LIMITE

 

Assessment of third countries' level of cooperation on readmission in 2023

• Key points:
  • Annual report used to determine whether countries should be subjected to visa sanctions for lack of cooperation with deportations from the EU
  • Includes assessments of more than 30 states
  • As reported by Statewatch, the report calls for renewed efforts to speed up deportation and readmission procedures to meet timelines set out in new EU migration legislation
• Author: European Commission
• To: Secretary-General of the Council of the EU
• Document date: 23 July 2024
• Document number:
  • Council document 11797/24
  • Commission document COM(2024) 340 final
• Classification: RESTREINT/RESTRICTED

 

Information from the Presidency regarding a pilot project on mutual recognition of return decisions

• Key points:
  • New legislation that came into force in 2023 makes it possible to put alerts on return decisions in the Schengen Information System, making them visible to all member states
  • This practice, intended to ensure mutual recognition of return decision between member states, is “effective in general terms” but “still wanting in terms of timeliness and adequacy in some cases”
  • The Hungarian Presidency is therefore launching a pilot project between 18 August and 18 November to change the situation, which is outlined in the document
• Author: Hungarian Presidency of the Council of the EU
• To: Working Party on Integration, Migration and Expulsion (IMEX Expulsion)
• Document date: 18 August 2024
• Document number: Council document WK 10475/24 INIT
• Classification: LIMITE

 

Migration partnerships

The current situation in Sudan and its impact on the region - Presidency paper

• Key points:
  • Despite the enormous scale of the disaster caused by the conflict in Sudan, the number of Sudanese citizens arriving in the EU was “relatively” low between April 2023 and May 2024, at 8,162
  • The document outlines the situation for displaced people, who number in the tens of millions, both within Sudan and in neighbouring countries such as Chad and Egypt
  • The document makes no recommendations or proposals for EU action, but does say that the situation in Sudan “deserves more attention”
• Author: Hungarian Presidency of the Council of the EU
• To: Working Party on External Aspects of Asylum and Migration (EMWP)
• Document date: 11 July 2024
• Document number: Council document 11375/24
• Classification: LIMITE

 

The current migratory situation in Afghanistan – Presidency paper

• Key points:
  • Discusses the situation in Afghanistan following the Taliban takeover in 2021, noting that “there are many signs” the country “is evolving into a theocratic police state”
  • Brief overview of the economic and humanitarian situations before examining the “migration impact” and the EU response (including funding figures), and a relatively lengthy section on the activities of the International Committee of the Red Cross
  • The first of two questions that ends the paper is concerned with “the situation on Afghan migrants, including on criminal cases,” indicating the chief concern is with Afghans in the EU
• Author: Hungarian Presidency of the Council of the EU
• To: Working Party on External Aspects of Asylum and Migration (EMWP)
• Document date: 16 September 2024
• Document number: Council document 12991/24
• Classification: LIMITE

 

Overview of the Central-Mediterranean Route - Presidency paper

• Key points:
  • Egypt, Libya and Tunisia are countries “of outstanding importance” and “anti-smuggling and border protection efforts” by Libyan and Tunisian authorities have been important in limiting departures
  • Following the EU-Egypt deal of March 2024, “the Egyptian side has not yet shown interest in concluding a joint statement on migration and mobility,” and appears uninterested in an agreement with Europol, but “technical work” continues
  • The document also praises cooperation with Tunisia, but notes a lack of interest in signing an agreement with Europol
  • Two EU missions have gone to Libya this year, where they have “discussed a comprehensive migration agenda,” and the document notes that cooperation could include work on “prevention of departures”
• Author: Hungarian Presidency of the Council of the EU
• To: Working Party on External Aspects of Asylum and Migration (EMWP)
• Document date: 15 July 2024
• Document number: Council document 11373/24
• Classification: LIMITE

 

Migratory situation on the Western Mediterranean and Atlantic routes - Presidency paper

• Key points:
  • Acknowledge the role of the state in creating dangerous journeys: “…given the increased controls on the Strait of Gibraltar and the Mediterranean coastline, migrants often try to set off from difficult-to-reach rocky shores and have to choose hidden, inaccessible areas to dock, which increase the risk of accidents at sea.”
  • However, the document primarily blames the danger for people making sea crossings on smugglers
  • The document gives a brief overview of cooperation with Morocco, Algeria, Mauritania, including information on funding worth hundreds of millions of euros
• Author: Hungarian Presidency of the Council of the EU
• To: Working Party on External Aspects of Migration and Asylum (EMWP)
• Document date: 13 September 2024
• Document number: Council document 12988/24
• Classification: LIMITE

 

Update on the state of play of external cooperation in the field of migration policy

• Key points:
  • A lengthy document which is regularly updated and circulated amongst delegations in the Council
  • It includes listings of meetings and events related to bilateral dialogues between the EU and other states, as well as EU involvement with multilateral processes
  • Useful for identifying meetings and events for which requests for access to documents can be filed
• Author: Commission Services
• To: Working Party on External Aspects of Asylum and Migration (EMWP)
• Document date: 15 July 2024
• Document number: Council document 11374/24
• Classification: LIMITE

 

Other

Temporary protection beneficiaries in the EU – Presidency discussion paper

• Key points:
  • Notes the significant efforts that has gone into welcoming Ukraine refugees, who are beneficiaries of the Temporary Protection Directive
  • The paper is primarily concerned with “future decisions on shaping the transition out of temporary protection”
  • Discussion to be held at the SCIFA meeting on 27 September
• Author: Hungarian Presidency of the Council of the EU
• To: Strategic Committee on Immigration, Frontiers and Asylum
• Document date: 20 September 2024
• Document number: Council document 13171/24
• Classification: LIMITE

 

Overall state of the Schengen area – Schengen Barometer +

• Key points:
  • A wide-ranging document
  • Migrant smuggling is framed as a key threat to “internal security”
  • Circulated prior to the Schengen Council meeting on 10 October
• Author: Services of the Commission
• To: Delegations
• Document date: 23 September 2024
• Document number: Council document 13507/24
• Classification: LIMITE

 

Status and reception of applicants for international protection following a negative asylum decision - Discussion paper

• Key points:
  • Covered by Statewatch here
• Author: Hungarian Presidency of the Council of the EU
• To: Asylum Working Party
• Document date: 25 September 2024
• Document number: Council document 13517/24
• Classification: LIMITE

 

Review of the status of beneficiaries of international protection - Discussion paper

• Key points:
  • Covered by Statewatch here
• Author: Hungarian Presidency of the Council of the EU
• To: Asylum Working Party
• Document date: 25 September 2024
• Document number: Council document 13518/24
• Classification: LIMITE

 

Annual report under the visa suspension mechanism: mid-term assessment and input for the next report

• Key points:
  • The document comes in response to a Belgian Presidency proposal for a common approach to assessing the Commission’s annual report on the visa suspension mechanism
  • Little substantive information in the document except as regards visas for Kosovan nationals
  • Ends with questions for delegations intended to inform discussions in the Visa Working Party
• Author: Belgian Presidency of the Council of the EU
• To: Visa Working Party
• Document date: 15 May 2024
• Document number: Council document 9888/24
• Classification: LIMITE

 

Kickoff discussion on VIS statistics and asylum

• Key points:
  • Paper gives an introductory overview for a discussion on “abuse of visas by nationals from visa-required countries”
  • A lack of statistics means it is “currently impossible to asses the scale of this phenomenon”
  • Discussion is meant to provide a first step on ways to address this
  • See also the presentations below
• Author: Belgian Presidency of the Council of the EU
• To: Visa Working Party/Mixed Committee (EU-Iceland/Norway and Switzerland/Liechtenstein)
• Document date: 19 June 2024
• Document number: Council document 11228/24
• Classification: LIMITE

 

Kick-off discussion on VIS statistics and asylum (presentations)

• Key points:
  • Contains presentations from Belgium, Sweden and the European Commission on the relationship between visas and asylum
  • Belgian presentation: Understanding the relation between visa and asylum using VIS [Visa Information System] hits
  • Swedish presentation: Use of the VIS in the asylum process
  • European Commission presentation: VIS statistics and asylum
• Author: General Secretariat of the Council
• To: Visa Working Party
• Document date: 26 June 2024
• Document number: Council document WK 9149/2024 INIT
• Classification: LIMITE

 

Assessment of the Belgian Presidency

• Key points:
  • Presentation giving an overview of work undertaken under the Belgian Presidency, covering legislative changes, strategic discussions, and “other”
• Author: Belgian Presidency of the Council of the EU
• To: Visa Working Party
• Document date: 24 June 2024
• Document number: Council document WK 9052/2024 INIT
• Classification: LIMITE

 

Priorities of the incoming Hungarian Presidency

• Key points:
  • A presentation setting out the Hungarian Presidency’s priorities for justice and home affairs, one of which is “Enhancing common effort in the external dimension of migration”
  • Also includes priorities for the Visa Working Party
• Author: Incoming Presidency
• To: Visa Working Party
• Document date: 24 June 2024
• Document number: Council document WK 9053/2024 INIT
• Classification: LIMITE

 

Proposed reaction of the EU to the ‘Interpretative Declaration’ of the Republic of Belarus of 31 July 2023 regarding Article 20 of the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime - Working document from the Commission services - REVISED VERSION

• Key points:
  • A draft note from the EU to the UN
  • Relates to a spat regarding an attempt by Belarus’ to submit a particular interpretation of international law
• Author: Hungarian Presidency of the Council of the EU
• To: Working Party on Integration, Migration and Expulsion (IMEX Expulsion); Working Party on Public International Law
• Document date: 24 July 2024
• Document number: WK 10337/2024 REV 1
• Classification: LIMITE

 

Towards a more strategic approach on EU visa policy – developing Council Conclusions

• Key points:
  • Hungarian Presidency is seeking to develop a set of Council conclusions on EU visa policy
  • The document runs through various aspects of visa policy and potential changes, including: revision of the visa suspension mechanism, possible application of European Travel Authorisation and Information System (ETIAS) “restrictive measures” in cases where there is “abuse” of the visa-free regime, the revamped Visa Information System and statistics on visas and asylum, and “visa sanctions” to encourage cooperation with deportations
  • The document also details ways in which negotiations on visa agreements with third countries could be used to obtain cooperation on security and migration issues
• Author: Hungarian Presidency of the Council of the EU
• To: Visa Working Party/Mixed Committee (UE-Iceland/Norway and Switzerland/Liechtenstein)
• Document date: 6 September 2024
• Document number: Council document 12930/24
• Classification: LIMITE