Timeline - Migration and asylum pact

The Council has adopted a series of legislative acts to reform the EU's legal framework on migration and asylum management.

This establishes a set of rules that will help to:

• manage arrivals in an orderly way
• create efficient and uniform procedures
• ensure fair burden sharing between member states

• The Council adopts the EU's pact on migration and asylum (press release, 14 May 2024)

EU member states’ representatives (Coreper) approved the provisional deal that was reached between the Council presidency and the European Parliament on 20 December 2023 on five key laws (constituting the pact on asylum and migration) that will reform the EU’s asylum and migration system. 

The permanent representatives committee also gave its thumbs up to three asylum and migration laws on which Council and Parliament already reached agreement in 2022. These three laws comprise:

• a revision of the reception conditions directive
• an update of the qualification regulation
• a regulation establishing an EU resettlement framework

• Asylum and migration reform: EU member states’ representatives green light deal with European Parliament (press release, 8 February 2024)

The five EU laws that the Spanish Presidency and Parliament have agreed on touch upon all stages of asylum and migration management, ranging from:

• screening irregular migrants when they arrive in the EU
• taking biometric data
• procedures for making and handling asylum applications
• the rules on determining which member state is responsible for handling an asylum application
• cooperation and solidarity between member states and how to handle crisis situations, including cases of instrumentalisation of migrants

• The Council and the European Parliament reach breakthrough in reform of EU asylum and migration system

The presidency provided ministers with a progress report on all the legislative files of the migration and asylum pact.

The Council and European Parliament are currently engaged in so-called trilogue negotiations on five legislative files. Together they will reform the common European asylum system and result in a common EU framework dealing with all aspects of asylum and migration management. Both institutions wish to end negotiations and formally adopt the different legislative proposals before the end of this legislative period.

Ministers also received a state of play of the external dimension of migration. This concerns EU policies to face the migratory challenges the EU shares with other continents and countries. The Commission provided an update of the progress that has been achieved in the cooperation with third partner countries.

• Justice and Home Affairs Council, 4-5 December 2023

EU member states’ representatives reached an agreement on the final component of a common European asylum and migration policy.

Member states sealed their negotiating mandate on a regulation on crisis situations, including instrumentalisation of migration, and force majeure in the field of migration and asylum. This position will form the basis of negotiations between the Council presidency and the European Parliament.

• Migration policy: Council agrees mandate on EU law dealing with crisis situations (press release, 4 October 2023)

The Council has reached an agreement on two key asylum & migration regulations:

Asylum procedure regulation

The asylum procedure regulation (APR) establishes a common procedure across the EU that member states need to follow when people seek international protection.

Asylum and migration management regulation

The asylum and migration management regulation (AMMR) should replace, once agreed, the current Dublin regulation. Dublin sets out rules determining which member state is responsible for the examination of an asylum application. The AMMR will streamline these rules and shorten time limits.

To balance the current system whereby a few member states are responsible for the vast majority of asylum applications, a new solidarity mechanism is being proposed that is simple, predictable and workable. The new rules combine mandatory solidarity with flexibility for member states as regards the choice of the individual contributions.

• Migration policy: Council reaches agreement on key asylum and migration laws (press release, 8 June 2023)

The Council approved negotiating mandates on two asylum and migration legislations, based on the proposals presented by the Commission in the framework of the Pact on Migration and Asylum:

• Eurodac regulation, intended to help the member states to better monitor the paths of asylum seekers and persons in an irregular situation within the EU
• screening regulation, contributes to strengthening controls on persons at the external borders 

In addition, 21 member states or associated states confirmed the adoption of a declaration on solidarity, providing for a voluntary solidarity contribution mechanism, in the form of relocations or other types of contributions, particularly financial contributions

• Council approves negotiating mandates on the Eurodac and screening regulations and 21 states adopt a declaration on solidarity (press release, 22 June 2022)
• IT systems to fight crime and secure EU borders (background information)

From 19 January 2022, the European Union Agency for Asylum (EUAA) will replace the European Asylum Support Office (EASO).

The new agency is responsible for improving the functioning of the common European asylum system by providing enhanced operational and technical assistance to member states and by bringing more consistency to the assessment of applications for international protection.

• EU Agency for Asylum (website)

The Council adopted a regulation establishing the EU asylum agency. This regulation aims to improve the application of asylum policy within the EU, by turning the current European asylum support office (EASO) into a fully-fledged agency.

This agency will be responsible for improving the functioning of the common European asylum system, by

• providing enhanced operational and technical assistance to member states
• contributing to more convergence in the assessment of applications for international protection

• Migration and asylum pact: Council adopts EU asylum agency regulation (press release, 9 December 2021)

The Council presidency and European Parliament representatives reached a provisional agreement on an EU asylum agency regulation.

The proposed regulation aims to improve the application of asylum policy within the EU, by turning the current European asylum support office (EASO) into a fully-fledged agency. This agency will be responsible for improving the functioning of the common European asylum system, by:

• providing enhanced operational and technical assistance to member states
• contributing to more convergence in the assessment of applications for international protection

• EU asylum agency: Council presidency and European Parliament reach provisional agreement (press release, 29 June 2021)

On 23 September 2020 the European Commission presented a new pact on migration and asylum and five new legislative proposals to reform the EU asylum rules.

EU minsters discussed key elements of the pact, including the external dimension, the proposed pre-entry phase, solidarity mechanism, internal migration and asylum management, various means to improve return, the role of agencies, legal pathways to enter Europe and integration.

• Video conference of home affairs ministers (14 December 2020)

EU home affairs ministers discussed the future of the EU migration and asylum policy, on the basis of a report prepared by the Finnish Presidency. During the debate, ministers welcomed the Commission's intention to present a new pact on migration and asylum. They confirmed the need for a comprehensive approach to migration, with a whole-of-government and whole of route approach.

• Justice and Home Affairs Council, 2-3 December 2019

Home affairs ministers discussed the state of play on migration. They review the migration situation in the EU across all routes, with a particular focus on the increase of arrivals in the Eastern Mediterranean They also took stock of the recent declaration between France, Germany, Italy and Malta on temporary arrangements for disembarkation.

• Justice and Home Affairs Council, 07-08/10/2019

EU ambassadors agreed a mandate for negotiations on draft rules for the qualification of asylum applicants and better living conditions for asylum seekers across the EU. The presidency will now start negotiations with the European Parliament.

• Reception conditions for asylum applicants: Council agrees mandate for negotiations (press release, 29/11/2017)

EU ambassadors agreed a mandate for negotiations on a regulation establishing an EU resettlement framework for the admission of asylum seekers.

The draft regulation seeks to:

• provide for legal and safe pathways to the EU
• provide common rules for resettlement and humanitarian admission
• help to alleviate the pressure in non-EU countries to which a large number of asylum seekers have been displaced

• EU resettlement framework: Council ready to start negotiations (press release, 15/11/2017)

The Maltese presidency  and the European Parliament representatives reached a broad political agreement ad referendum on all twelve chapters of the regulation on the European Union Agency for Asylum.

The agreement is subject to endorsement by Coreper in the near future following further work on the recitals. In addition, the agreement excludes certain parts of the text which are related to other legislative proposals in the package on the revision of the Common European Asylum System (CEAS) which have not yet been finalised.  

• EU Agency for Asylum: Presidency and European Parliament reach a broad political agreement (press release, 29/06/2017)

The European Commission presented a second series of proposals to reform the common European asylum system and a proposal to create a common EU resettlement framework.

• Completing the reform of the common European asylum system
• Enhancing legal channels: Commission proposes to create common EU resettlement framework

The European Commission presented a series of proposals to reform the common European asylum system. 

• Towards a sustainable and fair common European asylum system

The Commission also presented a proposal for a Council implementing decision setting out a recommendation for the continuation of temporary internal border controls in exceptional circumstances.