On 29 January 2020, the European Commission's new work programme was published. Under the fifth priority - 'Promoting our European Way of Life', the Commission announced its intention to launch a New Pact on Asylum and Migration. According to the work programme, the pact was supposed to be adopted in the first quarter of 2020. However, on 27 May 2020, the Commission adjusted its work programme and announced the pact would be adopted in 2nd quarter of 2020.

The Commission presented the Pact on 23 September 2020. The Pact provides a comprehensive approach, bringing together policy in the areas of migration, asylum, integration and border management and EU's relationship with third countries.

According to the Commission Communication, the New Pact on Migration and Asylum foresees a robust and fair management of external borders, including identity, health and security checks; fair and efficient asylum rules, streamlining procedures on asylum and return; a new solidarity mechanism for situations of search and rescue, pressure and crisis; stronger foresight, crisis preparedness and response; an effective return policy and an EU-coordinated approach to returns; comprehensive governance at EU level for better management and implementation of asylum and migration policies; mutually beneficial partnerships with key third countries of origin and transit; developing sustainable legal pathways for those in need of protection and to attract talent to the EU; and supporting effective integration policies.

For this purpose the Pact includes new legislative and non-legislative instruments and sets out a way forward to conclude negotiations on the asylum and return reforms proposed by the Commission in 2016 and 2018 on which the co-legislators have already found political agreement but did not conclude negotiations. The Pact encompasses the following new legislative files:

• A new Asylum and Migration Management Regulation;
• A new Screening Regulation;
• A new Crisis and Force Majeure Regulation;
• An amended proposal revising the Asylum Procedures Regulation;
• An amended proposal revising the Eurodac Regulation.

The files and their legislative process can be followed under separate 'fiches' as part of the priority 'Promoting our European Way of Life'.

In addition, announced initiatives in the Pact include the following:

- a new recommendation on Migration Preparedness and Crisis Blueprint;

- a new recommendation on Resettlement and Complementary pathways;

- a new recommendation on Search and Rescue Operations by Private Vessels;

- a new guidance on the Facilitators Directive.

The initiatives are non-legislative files and thus not part of the Legislative Train schedule.

On 27 January 2021, the Economic and Social Committee adopted its opinion on the Asylum and Migration Pact. On 19 March 2021, the European Committee of the Regions adopted its opinion on the Asylum and Migration Pact.

On 22 June 2022, the Council adopted the main elements of the first stage of the European policy reform on asylum and migration. This follows in the wake of the Justice and Home Affairs Council meeting on 10 June, chaired by French Minister Gérald Darmanin, during which broad political support was shown for the content of this first step. The declaration on a temporary solidarity mechanism, although at this stage non-committal, was signed by 18 Member States (Belgium, Bulgaria, Cyprus, the Czech Republic, Germany, Greece, Spain, Finland, France, Croatia, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Romania), as well as Norway, Switzerland and Liechtenstein.

The same day, the European Parliament and the rotating Presidencies of the Council also signed a joint roadmap, declaring their plan to finish negotiating all the asylum and migration proposals currently on the table by February 2024, with the aim of having them enter into force by April 2024 at the latest. On 8 February 2024, Coreper approved the provisional agreements. The files will now have to be formally adopted by the Parliament and the Council. It is expected that the reform will be finalised before the 2024 European elections, as previously agreed by co-legislators.

References:

• European Commission, 2020 Commission Work Programme – A Union that strives for more, COM(2020) 37 final.
  
• European Commission, Adjusted Commission Work Programme 2020, COM(2020) 440 final.
• European Commission, Communication on a New Pact on Migration and Asylum, COM(2020) 609.
• European Economic and Social Committee, Opinion, A New Pact on Migration and Asylum, SOC/649-EESC-2020
• European Committee of the Regions, Opinion, New Pact on Migration and Asylum, CDR 4843/2020
• Declaration by 18 Member States and three associated States, 22 June 2022

Further reading:

• European Parliament, EPRS, The European Commission’s New Pact on Migration and Asylum - Horizontal substitute impact assessment, Study, August 2021
• European Parliament, EPRS, EU pact on migration and asylum: State of play, June 2023.

Author: Anja Radjenovic, Members' Research Service, legislative-train@europarl.europa.eu

Visit the European Parliament homepage on Migration.