Answer given by Ms Johansson on behalf of the European Commission
1.8.2023
The Commission does not take the view that the content of the general approach of 8 June 2023 on the asylum and migration management Regulation[1] gives rise to legal concerns along the lines set out in the question by the Honourable Member.
The Council general approach of 8 June 2023 does not include a penalty for Member States not contributing to solidarity through relocation.
The choice is left to Member States to contribute through relocation or other means, in particular through financial contributions. In that regard, the general approach includes an annual minimum reference threshold of 30 000 relocations and EUR 600 million financial contributions at EU level.
By doing so, the objective is to establish an equivalent level of ambition between the different modalities of solidarity. Since Member States will have to contribute in accordance with the mandatory fair share, this ensures that they will be participating on equal terms.
Under the Council general approach, any Member State can be considered as under migratory pressure and therefore be eligible for solidarity and/or full or partial reductions of solidarity obligations.
The number of persons benefitting from temporary protection in the Member State concerned is among the factors determining whether a Member State is under migratory pressure or facing a significant migratory situation (which also allows for full or partial reductions of solidarity contributions).
If the assessment, according to the Council general approach, were to be done today, given that Poland is hosting more than 1 million Ukrainians, it is highly probable that Poland would be considered under pressure and thus be eligible for solidarity or for a full reduction of its solidarity contributions.
- [1] https://www.consilium.europa.eu/en/press/press-releases/2023/06/08/migration-policy-council-reaches-agreement-on-key-asylum-and-migration-laws/#:~:text=The%20asylum%20and%20migration%20management%20regulation%20%28AMMR%29%20should,will%20streamline%20these%20rules%20and%20shorten%20time%20limits