(Utkast) Kommisjonens gjennomføringsbeslutning (EU) …/… om fastsettelse av regler for anvendelse av europaparlaments- og rådsforordning (EU) 2024/1351 med hensyn til malen som skal brukes av medlemsstatene for å sikre at deres nasjonale asyl- og migrasjonshåndteringsstrategier er sammenlignbare på spesifikke kjerneelementer
Asyl- og migrasjonshåndtering: gjennomføringsbestemmelser om mal for nasjonale asyl- og migrasjonshåndteringsstrategier
Avtalegrunnlag
Utkast til kommisjonsbeslutning godkjent av komite (representanter for medlemslandene) og publisert i EUs komitologiregister 26.2.2025
Bakgrunn
(fra kommisjonsbeslutningen)
(1) Regulation (EU) 2024/1351 introduces a comprehensive approach to migration management through integrated policymaking in the field of asylum and migration management, including both its internal and external components.
(2) Article 7(1) of Regulation (EU) 2024/1351 requires the Member States to adopt national strategies establishing a strategic approach to ensure that they have the capacity and capability to effectively implement their asylum and migration management system, in full compliance with their obligations under Union and international law, including respect for fundamental rights. The national strategies are to include at least preventive measures to reduce the migratory pressure and contingency planning, information on the implementation at national level of the principle of solidarity and fair sharing of responsibility and information on the measures undertaken to take into account relevant results of the monitoring of the European Union Agency for Asylum (EUAA) and the European Border and Coast Guard Agency (Frontex).
(3) In order to establish such a strategic approach, the national strategies should convey the Member States’ long-term vision through strategic objectives of an integrated asylum and migration management system at the national level, taking into account among other things their specific situation, in particular geographical locations and reflecting the comprehensive approach to asylum and migration management with its internal and external components, in accordance with Articles 3, 4 and 5 of Regulation (EU) 2024/1351, and the principle of solidarity and fair sharing of responsibility, in accordance with Article 6 of that Regulation.
(4) To ensure that the national strategies are comparable, a template should be used by Member States when establishing their national strategies, providing for a common structure and necessary comparable elements, while maintaining Member States’ discretion in deciding the nature and the scope of relevant measures. National strategies should not serve as a monitoring tool, as they only outline Member States’ strategic approach to asylum and migration management and their future needs in this regard.
(5) To ensure consistent implementation of Member States’ national strategies, the Commission is to draw up, in line with the Article 8 of Regulation (EU) 2024/1351, a five-year European Asylum and Migration Management Strategy setting out the strategic and long-term approach to migration and asylum management at Union level. The European Asylum and Migration Management Strategy is to build upon and take into account the national strategies developed by Member States.
(6) The template should support Member States in developing well-structured strategies for managing asylum and migration and help them formulate their strategic objectives for each area by identifying specific core elements. It should include specific essential elements and measures, so that all strategies are comprehensive and can be compared.
(7) The national strategies should include a comprehensive approach to asylum and migration management based on the internal and external components referred to in Articles 3, 4 and 5 of Regulation (EU) 2024/1351. Managing asylum and migration effectively requires measures aiming at the reduction of the migratory pressure, as well as actions to be taken both within the Member States and in cooperation with third countries. The national strategies should therefore set their strategic objectives accordingly and should consist of relevant measures and actions addressing the relevant migratory routes as well as reducing incentives for and preventing of absconding and unauthorised movements of third country nationals or stateless persons between Member States. Such measures and actions within both, the internal and external components, are equally necessary to reduce the overall number of irregular arrivals into the Union, thus reducing the migratory pressure.
(8) Taking into account Member States obligations under the external component of the comprehensive approach referred to in Regulation (EU) 2024/1351, the national strategies should include key measures and actions that would address the relevant migratory routes, such as measures promoting partnerships with third countries, promoting legal migration and legal pathways, supporting partner countries that host large number of migrants and refugees, preventing and reducing irregular migration, addressing the root causes and drivers of irregular migration, and enhancing return, readmission and reintegration, in full compliance with fundamental rights and in line with the international obligations of the Union. Those measures and actions are of key importance for migration management at national level and for reducing the risk of migratory pressure in the long term.
(9) Taking into account Member States’ obligations under the internal component of the comprehensive approach referred to in Regulation (EU) 2024/1351, the national strategies should include relevant key measures and actions to ensure the application of the rules on determination of the Member State responsible for examining an application for international protection, measures to fight exploitation and reduce illegal employment, and prevent the exploitation of migrants in the labour market, as well as measures to ensure the effective management of the return of illegally staying third country nationals. Those measures and actions are crucial for addressing effectively migratory challenges and limiting the possible abuses of the asylum procedures implemented at national level.
(10) In order to ensure the effective functioning of the Union’s asylum and migration policies based on the principle of solidarity and fair sharing of responsibility in in the context of the obligations laid down in Article 6(2), point (a), and Article 7(1), second subparagraph, point (b), of Regulation (EU) 2024/1351, the national strategies should include relevant key measures and actions in the field of border management, necessary to ensure a coherent and fair approach towards asylum and migration, such as measures dedicated to enhancing the border procedures, improving the issuing of visas and preventing abuse of visa-free schemes.
(11) In order to ensure that the national asylum and migration systems provide for effective access to procedures for international protection, the national strategies should include specific key measures and actions for ensuring swift and effective access to asylum procedures in the territory of a Member State, measures indicating how the respect for fundamental rights enshrined in the Charter of Fundamental Rights of the EU and other relevant international treaties are ensured and monitored, measures aimed at building a robust reception system, measures to provide effective support to other Member States, measures to promote legal migration opportunities and well-managed mobility and measures creating the conditions for a successful integration. These measures are key for ensuring the effective implementation of Member States’ obligations under Regulation (EU) 2024/1351. The strategic objectives encompassing these measures is of paramount importance in complying with the principle of solidarity and fair sharing of responsibility.
(12) The strategic objectives and related measures included in the national strategies contribute to Member States’ resilience and adaptability to future developments in the area of asylum and migration, and their preparedness to absorb fluctuations in the migratory situations as well as to address situations of crisis.
(13) Taking into account the preparedness and the ability of Member States to adjust to the developing and evolving realities of asylum and migration management, the national strategies should embed a strategic approach to contingency planning needs, as well as ensure complementarity and consistency of various other instruments in the area of preparedness and contingency.
(14) To ensure that the national asylum and migration systems are prepared for possible mass arrivals of third-country nationals or stateless persons, situations of instrumentalisation in the field of asylum and migration, or situations of force majeure, the national strategies should include measures dedicated to equipping those systems with necessary measures and tools providing for overall readiness to prepare for, respond to and resolve these situations.
(15) In order to deliver on the integrated approach, the national strategies should also include strategic objectives, supported by relevant measures, to implement the principle of integrated policy-making and whole-of-government approach, as referred to in Article 3 of Regulation (EU) 2024/1351 regarding the comprehensive approach to asylum and migration management.
(16) In order to ensure coherence and effectiveness of the actions and measures taken by the Union and its Member States acting within their respective competencies, in accordance with the principle of solidarity and fair sharing of responsibility, regarding the need to ensure necessary human, material and financial resources as referred to in Article 6(2) point (b) of Regulation (EU) 2024/1351, the template should envisage measures to be included to ensure a sufficient capacity and capability to implement the different components of the strategy, considering that the national strategy is to be implemented over a period of five years.
(17) Furthermore, in accordance with Article 7(1), second subparagraph, point (c), of Regulation (EU) 2024/1351, the national strategies are to contain information on how relevant results of the monitoring undertaken by the EUAA, established by Regulation (EU) 2021/2303, and by Frontex, established by Regulation (EU) 2019/1896, should be taken into account.
(18) The strategies are also to take into account the Schengen evaluation carried out in accordance with Regulation (EU) 2022/922, as well as relevant results of the monitoring of fundamental rights carried out in accordance with Article 10 of Regulation (EU) 2024/1356.
(19) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.
(20) In accordance with Article 4 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland has notified, by letter of 27 June 2024, its wish to take part in the adoption and application of Regulation (EU) 2024/1351. The participation of Ireland was confirmed by Commission Decision (EU) 2024/2088. Ireland is therefore bound by this Decision.
(21) The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 77(1) of Regulation (EU) 2024/1351.