Questions and answers on the Pact on Migration and Asylum

General questions

What is the Pact on Migration and Asylum?

The Pact on Migration and Asylum, adopted in June 2024 and in application as of 12 June 2026, consists of 10 legislative files designed to strengthen and harmonise the EU's approach to migration and asylum. It establishes rules and procedures for a firm and fair European system.

Since its adoption, the rules governing the EU asylum and migration system have continued to evolve, with additional legislation on safe countries of origin and the safe third country concept. The Pact is also complemented by the new Return Regulation, on which co-legislators agreed in June 2026.

The Pact, together with a more assertive migration diplomacy, stronger controls of external borders, effective returns, and the promotion of labour and talent mobility, opens a new chapter on migration and asylum, as outlined in the five-year European Asylum and Migration Management Strategy.

Title	Description
1. Screening Regulation and  2. Amending Regulation to facilitate screening (ECRIS-TCN)	Sets up uniform rules for the EU to make sure that all people entering the territory illegally undergo identity, security, health and vulnerability checks.
3. Asylum and Migration Management Regulation (AMMR)	Establishes clear rules to determine which Member State is responsible for assessing asylum applications and to prevent secondary movements of asylum applicants to other Member States, as well as a permanent, but flexible ‘solidarity mechanism' amongst Member States to balance the burden on Member States who are responsible for most asylum applications.
4. Asylum Procedure Regulation (APR)	Establishes a common, fair and efficient procedure for deciding on asylum applications, while limiting abuse and removing incentives for secondary movements. Together with the Return Border Procedure Regulation, it also establishes a mandatory ‘border procedure' according to which the processing of asylum applications and returns takes place at the external border for certain categories of applicants.
5. Crisis and Force Majeure Regulation	Provides quick protocols for situations of crisis and instrumentalisation of migration, to be supplemented with operational assistance and funding in cases of emergency.
6. Eurodac Regulation	Establishes an interoperable asylum and migration database to support the EU's asylum and migration management system, strengthen the management of illegal migration and returns, detect secondary movements, and support the implementation of the Resettlement Regulation and the Temporary Protection Directive.
7. Reception Conditions Directive	Harmonises reception conditions across the EU, ensuring dignified reception standards throughout the EU and reducing incentives for secondary movements.
8. Qualification Regulation	Harmonises protection standards in the EU to ensure uniform standards for protection and rights granted to refugees and prevent ‘asylum shopping'.
9. Resettlement Framework Regulation	Creates a common EU framework for EU Member States to resettle, on voluntary basis, refugees from outside EU territory.
10. Regulation establishing the European Union Agency for Asylum	Establishes a fully-fledged European Union Agency for Asylum (EUAA) able to provide a rapid and full support to Member States in normal times as well as in times of particular pressure.
11. Regulation establishing an EU list of safe countries of origin	Established the first ever EU-wide list of safe countries of origin to fast-track asylum requests. It includes EU candidate countries (currently except Ukraine in view of Russia's war of aggression), as well as Kosovo, Bangladesh, Colombia, Egypt, India, Morocco and Tunisia.
12. Regulation amending the Asylum Procedure Regulation to apply the safe third country concept	Amends the rules for considering an asylum application inadmissible when applicants could receive effective protection in a third country that is considered safe for them. This enables Member States to deal with these asylum applications more swiftly while preserving legal safeguards for applicants and ensuring respect of fundamental rights.

What happens on 12 June 2026?

As of 12 June 2026, all the legislation adopted under the Pact on Migration and Asylum will apply across the EU.

However, implementing this complex set of reforms requires significant legal and operational work. Member States will continue to adapt and finetune the new procedures also after 12 June, with continuous support from the Commission and EU Agencies.

The Pact on Migration and Asylum sets out the framework for the common European system to protect people in need of international protection, strengthen the management of EU's external borders, and ensure a fair sharing of responsibilities among Member States. It includes the rules and procedures for managing migration in both normal circumstances and situations of crisis and instrumentalisation. In a nutshell, the implementation of the Pact delivers:

1. More secure external borders: All irregular migrants are registered upon arrival and undergo thorough identity, security, health checks and vulnerability screening. Those who are unlikely to need protection, present a security risk or mislead the authorities are subject to a fast-track border procedure. This procedure allows for a quick examination of the asylum application and, if these are rejected, for swift return, all without the person being authorised to enter the territory of the Union.

All Member States are required to have the capacity to host a certain number of asylum seekers for the duration of the procedures at the borders in adequate conditions. Strong legal safeguards apply, and unaccompanied minors are exempt from the border procedure unless they pose a security threat. All Member States need to ensure independent monitoring of fundamental rights during screening and asylum border procedure.

2. Fair and firm rules on asylum and return: The new rules put in place more effective asylum procedures with shorter time limits and stricter rules for abusive or subsequent applications. These rules are balanced against important guarantees for the rights of individuals, including free legal counselling throughout all procedures, with particular attention to vulnerable groups. The new rules also set up EU-wide standards for reception conditions, as well as harmonising the qualification and the rights of beneficiaries of international protection.
3. A balance between solidarity and responsibility: The EU benefits from a permanent mandatory ‘solidarity mechanism' to ensure Member States facing greater migratory pressures are not left alone. Under the new system, each Member State contributes in a flexible way and can choose the type of solidarity they provide. The system also includes effective rules to establish the Member State responsible for processing an asylum application and detect and prevent secondary movements.

Before the Pact	New firm, fair and adaptable EU system
Secure external borders
No harmonised registration, screening or border procedures across Member States.	Mandatory and uniform health, identity and security checks of all migrants who cross the EU external borders illegally or are apprehended within Member State's territory in a situation of illegal stay. Mandatory ‘border procedure' for those who are unlikely to need international protection, present a security risk or mislead the authorities.
No dedicated resources for screening at external borders and carrying out the border procedures.	Screening will have to be completed in a limited timeframe: 7 days for the screening at external borders and 3 days for the screening of persons apprehended within Member State's territory. Quick channelling to the appropriate procedures (border procedure, asylum or return procedures).
No obligation to have in place independent monitoring mechanisms to ensure respect of fundamental rights.	Obligation to set up independent monitoring to ensure the respect of fundamental rights during screening and border procedures.
Fast and efficient procedures
Current different procedural arrangements in Member States.	Common, fair and efficient procedures for deciding on whether to grant international protection, while removing incentives for unauthorised movements across the EU.
Flexible and divergent rules for abusive claims across the Member States, which leads to secondary movements.	Stricter common rules for abusive or subsequent applications, with improved ability to track movements through the Eurodac database.
No free legal assistance at first instance.	Free legal counselling throughout all stages of the asylum procedure, and specific attention given to vulnerable groups. Guidance on the administrative stage of the procedure, including information on the rights and obligations, assistance with lodging asylum applications. Free legal assistance and representation during the appeal.
Divergent reception standards and no obligation to have contingency plans in place to always ensure sufficient reception capacity.	EU-wide standards for reception conditions, better tools to prevent secondary movements and obligation to set up contingency plans.
A patchwork of practices across Member States creating an incentive to ‘asylum shopping'.	Harmonised criteria for protection will ensure applicants have the same chance of getting asylum under the same conditions wherever they apply in the EU.
Effective system of solidarity and responsibility
Ad-hoc and voluntary solidarity.	A permanent ‘solidarity mechanism with clear steps to ensure that Member States facing greater migratory pressures receive support, while ensuring each Member State can choose the type of solidarity to be provided.
Unclear obligations for applicants and ineffective rules to fight secondary movements.	Clear obligations for applicants to apply in the Member State of first entry and ensuring that Member State remains responsible for processing the application. Clear rules to prevent/address secondary movements of asylum applicants.
Crisis protocols and action against instrumentalisation
No specific legal framework to ensure that Member States can address situations of crisis, including instrumentalisation, or force majeure in the field of asylum and migration.	The Crisis Regulation provides quick protocols for situations of crisis, including instrumentalisation of migration, and force majeure, to be supplemented with operational assistance and funding in cases of emergency.

How will the new migration and asylum system help solve migration challenges?

The EU now has clear and common rules to ensure a fair and firm system for managing migration. This solid legal framework also ensures that each Member State has the flexibility to address the specific challenges it faces, while also ensuring that no Member State is left alone under pressure.

The EU will continue its efforts to respond to specific challenges that already exist or may arise in future. The Commission will also continue to work on the operational track, supporting Member States, together with the EU Agencies, to manage migration with targeted actions.

In addition, a more assertive migration diplomacy is a priority of the new five-year European Asylum and Migration Strategy.  This means working with partner countries through a new approach, which embeds migration in international partnerships in order to prevent irregular departures, fight migrant smuggling, reinforce cooperation on readmission and promote legal pathways along the routes. It includes finding synergies with and using leverage from other policy areas like trade and visa, financial support and talent attraction.

Secure external borders

Robust screening

How does screening work under the new system?

The Screening Regulation sets up uniform rules for the EU to make sure that people entering the territory illegally undergo identity, security, health and vulnerability checks and are channelled towards the appropriate procedure (border procedure, asylum procedure or return procedure). The screening also applies to people inside the Schengen area who would have avoided checks at external borders.

Member States authorities have to carry out mandatory preliminary health and vulnerability checks and identity and security checks on all non-EU nationals that cross the EU borders illegally, if they are apprehended at the external borders or within the territory. There is a short timeframe for this to be done: 7 days for the screening at the external borders and 3 days for the screening within the territory. This screening reinforces security within the Schengen area as it will ensure that irregular migrants who are being screened do not pose any threat to internal security. The screening also helps protect public health and provide migrants with treatment in case of urgent or essential need.

This Regulation applies to all Schengen States, meaning all EU Member States apart from Ireland, and the four Schengen Associated Countries, namely Norway, Liechtenstein, Switzerland, and Iceland.

How are vulnerable groups protected during screening?

The new Screening Regulation should ensure fast identification of the correct procedure applicable to a person that arrives at EU territory without fulfilling the entry conditions. Faster determination of the appropriate procedure will help to manage the applications of people in need of international protection and vulnerable people requiring special assistance, including if many people arrive at the same time. The purpose of the health checks is to do a preliminary assessment of the person's health to protect public health and to provide them with treatment in case of urgent or essential need.

The Screening Regulation also introduces a preliminary vulnerability check to be carried out by trained staff. These checks help identify whether a person might be a stateless person, a victim of torture or other inhumane or degrading treatment or have special needs. This will enable vulnerable people to receive the adequate protection in the ensuing asylum or return procedures. The new rules also have specific guarantees to protect minors.

All Member States should have an independent monitoring mechanism in place, which will enhance transparency and accountability during screening and border procedure, while at the same time promote the respect of fundamental rights.

Eurodac asylum and migration database

What is new in the Eurodac database?

The new Eurodac Regulation expands the EU's identification database, supporting authorities to tackle illegal migration, track secondary movements, and improve returns of irregular migrants. The fingerprints of those who entered illegally will remain in the system for 5 years, making it possible to retrieve information on individuals in the system for a longer period of time. For asylum applicants, the storage period remains 10 years.

Member States are obliged to register the following categories of people in Eurodac:  asylum applicants; people who had crossed the EU's external border illegally; people disembarked following a search and rescue operation as well as those found to be staying illegally in the territory of a Member State; people registered for an admission procedure under the Resettlement Regulation; people resettled under a national scheme; and beneficiaries of temporary protection.

This will help facilitate the identification of individuals and give authorities more information allowing for speedier asylum procedures and better detection of secondary movements.

What are the safeguards for minors?

Recording the biometric data of minors enables authorities to identify these children, but also helps trace missing children who may have been victims of human traffickers and sexual exploitation.

The new Regulation includes additional safeguard for minors that are registered in Eurodac (i.e. minors as of 6 years of age) allowing for the protection of those children who may become separated from their families.  

An unaccompanied minor must be assigned a representative or, where a representative has not been designated, a person trained to safeguard the best interests of the minor and general well-being, throughout the time when biometric data are taken. If the minor is accompanied by an adult family member, they must accompany the minors when taking the biometric data. The official responsible for taking the biometric data of a minor should also receive training so that sufficient care is taken and to guarantee that the process is child friendly.

Border procedure and returns

What is the border procedure?

The border procedure is a type of accelerated asylum procedure under which, as a general rule, the applicant remains in the border area while the application is being processed.

The mandatory border procedure applies to applicants identified under the screening as: being nationals of countries with low recognition rates (≤ 20%) for international protection; or having misled the authorities; or posing a threat to national security. For others, the regular asylum procedure will apply within the territory of the Member State.

The border procedure applies for a limited duration. It can only last 12 weeks and includes the entire appeal procedure. This period may be extended to 16 weeks if the applicant is relocated to another Member State. This gives sufficient time to properly assess cases that in principle are not supposed to be complex, ensuring that those with no legal right to stay can be returned in a faster and dignified manner.

If there is no decision within those 12 weeks, applicants are referred to the regular asylum procedure and authorised to enter the territory of the Member State.

In case an application is rejected in the asylum border procedure, the third-country national is transferred to the return border procedure. That procedure may take a maximum of 12 weeks with a view to the swift return of those with no right to stay in the EU.

How will the fundamental rights of the persons be guaranteed during the border procedure?

All the necessary safeguards and guarantees apply during the border procedure.

Fundamental rights must always be respected. The Charter of Fundamental Rights of the European Union applies when Member States implement EU law.

Special attention will be paid to the conditions in the border procedure. If needed, the Commission can request the EUAA to carry out an ad-hoc monitoring under the new monitoring mechanism of the Agency.

If the reception conditions for minors and their family members are not adequate, the border procedure for families with minors should be suspended based on a recommendation by the Commission.

Where will the infrastructure for the border procedure be located?

The concept of ‘adequate capacity' requires Member States to set up the reception capacity and human resources, including qualified and well-trained personnel, required to examine at any given moment an identified number of applications subject to the asylum and return border procedure in adequate conditions.

Although the border procedure should - as a rule - be carried out at the border or in transit zones, Member States have flexibility to carry out the border procedure in locations within the territory, where necessary.

Member States have made considerable efforts to put in place the necessary infrastructure to have the adequate capacity to ensure the border procedure can function well. All Member States have designated the locations for the border procedure, which are typically at or close to the external border (sea, land or airport).

Will asylum applicants be detained during the border procedure?

Detention can be applied in the border procedures under the circumstances defined by the legislation, but Member States cannot impose detention automatically to applicants of international protection.

Detention can only be applied in accordance with the safeguards provided for in the Reception Conditions Directive – that is, it can only be used when it proves necessary and proportionate on the basis of an individual assessment, as a measure of last resort when less coercive measures are not possible, and subject to judicial scrutiny.

Guidance has been developed on alternatives to detention.

What are “safe countries of origin”?

The Asylum Procedure Regulation established a legal basis to apply the safe country of origin concept. According to this, applicants from countries deemed as safe countries of origin are presumed to have sufficient protection against the risk of persecution or serious violations of their fundamental rights in their countries of origin. Non-EU countries can only be designated as safe countries of origin when they meet a high threshold of safety.

Member States should examine applications for international protection from applicants from safe countries of origin under the accelerated procedure or may choose to do so under the border procedure.

In February 2026, the European Parliament and the Council of the EU adopted the first EU list of safe countries of origin, which includes EU candidate countries (currently except Ukraine in view of Russia's war of aggression), considered to meet the criteria to be designated as safe countries of origin as part of their EU membership path, as well as Kosovo, Bangladesh, Colombia, Egypt, India, Morocco and Tunisia.

What are “safe third countries”?

The safe third country concept allows Member States to consider an asylum application inadmissible when applicants could receive effective protection in a third country of which they are not a national, but that is considered safe for them.

Non-EU countries can only be designated as safe third countries if they meet specific safety criteria.

The criteria to apply the safe third country concept have been revised in 2026.Member States will have more flexibility and be able to apply the safe third country concept if one of the following three criteria set in the Asylum Procedure Regulation is met:

• There is a connection between the asylum applicant and the safe third country;
• The asylum applicant transited through a safe third country before reaching the EU;
• where there is no connection or transit, there is an agreement or arrangement with the safe third country containing safeguards for the asylum seekers transferred there, notably the examination of the merits of the request for effective protection. This option will not apply to unaccompanied minors.

Strong safeguards remain in place. Under EU law, third countries can be considered safe only when their national systems can process applications and provide effective protection where needed, ensuring protection against refoulement and absence of risks of persecution, threat to life, or inhuman or degrading treatment.

The new rules will help Member States process asylum applications more swiftly, reduce pressure on asylum systems, and reduce incentives for illegal migration to the EU, while preserving the legal safeguards for applicants and ensuring respect of fundamental rights.

How will returns be made more effective in the context of the return border procedure?

Returns concern non-EU nationals who have no legal right to stay in the EU after having received a return decision in one of the Member States.

Under the new system, a return decision should be issued together with a negative asylum decision, and appeals should be handled within the same time limits.  

Consequently, as soon as a person gets a negative decision in the asylum border procedure, he or she  will also get a return decision and be transferred to the return part of the border procedure. This ensures a seamless link between the asylum and the return process at the border, which should not under normal circumstances last more than 24 weeks in total. There is continuity between the authorities involved in the process, helping to avoid situations where the person absconds.

Member States have worked to put in place the necessary systems and practical arrangements to ensure that people are returned swiftly. This includes setting up efficient return counselling structures, measures to prevent absconding and practical arrangements to ensure that travel documents can be obtained from the relevant third country of return.

At operational level, Frontex provides support in all phases of the return process (pre-return, return operations and post-return including reintegration support). The EU Return Coordinator brings together different strands of EU return policy, supporting its consistent and coherent implementation, and will oversee the establishment of a common EU system for returns.

Crisis protocols and action against instrumentalisation

What is a crisis situation? How is it defined?

The Regulation defines a situation of crisis as an exceptional situation of mass arrivals of third-country nationals or stateless persons in a Member State by land, air or sea, including those disembarked following search and rescue operations.

The main criterion is that the situation renders a Member State's asylum, reception, or return system non-functional, to the point that there may be serious consequences for the functioning the Common European Asylum System as a whole.

What is a situation of instrumentalisation?

A situation of instrumentalisation is defined as a situation where a third country or hostile non-state actor encourages or facilitates the movement of non-EU nationals and stateless people to the external borders or to a Member State. This being done with the aim of destabilising the EU or a Member State, and where such actions are liable to put at risk essential functions of a Member State, including the maintenance of law and order or the safeguard of its national security.

What constitutes a 'force majeure' situation?

‘Force majeure' situations refer to abnormal and unforeseeable circumstances outside a Member State's control, the consequences of which could not have been avoided, such as natural disasters and pandemics. This implies an unforeseen situation that prevents the Member State from complying with obligations under the Asylum and Migration Management Regulation and the Asylum Procedure Regulation.

What flexibility do Member States have in crisis situations?

Member States facing a situation of crisis, instrumentalisation or force majeure may derogate from certain responsibility-related rules provided for in EU asylum law, including: 

• the time limit to register applications for international protection is extended from 7 days to four weeks;
• A longer duration of border procedure from 12 weeks to 18 weeks; 
• Extended time limits for determining the Member State responsible (only in crisis mass arrivals and force majeure situations);
• Derogations to the application of the border procedure and extension of the scope of the border procedure, depending on the situation.

When a situation of mass arrivals is of such an extraordinary scale and intensity, that the EU asylum system risks becoming non-functional because it could create serious deficiencies in the treatment of applicants, the Regulation foresees the possibility for the affected Member State to be relieved of its obligation to take back applicants.

Fast and efficient procedures

What are the obligations for asylum applicants?

The Asylum Procedure Regulation introduces clear and strict obligations for applicants during the asylum procedure, notably: on the information which needs to be provided for the registration of an application (including biometrics for the registration in Eurodac); to lodge applications within 21 days from registration; to attend interviews; to remain in the Member State where they are supposed to be in accordance with the Asylum and Migration Management Regulation; and to cooperate with the authorities at all stages of the procedure.

Failure to comply with these obligations entails severe consequences, such as the limitations of reception assistance and  the explicit or implicit withdrawal of an application.

How are people's rights guaranteed?

The new system includes safeguards for asylum seekers and vulnerable people, particularly minors and families with children. It introduces free legal counselling for all applicants in asylum procedures, including the responsibility determination procedure, and it strengthens information rights.

In particular there are:

• New and strengthened information rights for applicants across all new legislative acts, so that applicants will understand their rights, obligations and the consequences of non-compliance with their obligations;
• The right to free legal counselling for all asylum seekers in the administrative phase of the procedure. This applies to all procedures, including the border procedure and the procedure to determine Member State responsibility for an asylum application. At the appeal stage, all applicants will continue to have the right to be assisted and represented by a lawyer;
• Earlier identification of vulnerabilities and special procedural needs;
• More possibilities for applicants to be reunited with their families in other Member States: the family-related criteria of responsibility have been reinforced, family cases must be prioritised and there are new obligations regarding family tracing. For these provisions to be effective, the applicant will need to provide all information available in the Member State of first entry.
• Better safeguards regarding the respect for fundamental rights as Member States have an obligation to set up an independent mechanism for the monitoring of fundamental rights during initial screening and the asylum border procedure.

What are the guarantees specific for the minors?

The new legislation introduces new guarantees for minors.

Member States have to first assess the age through a multidisciplinary approach (including psychologists, paediatricians, social workers etc.), to minimise the use of intrusive medical examinations, which can only be used if the first multidisciplinary assessment is inconclusive.

All unaccompanied minors must have a representative appointed swiftly to take care of the child's interests, including their well-being.

New provisions prevent children going missing (fingerprinting as of 6 years of age).

Access to education has to be ensured as soon as possible and within two months from lodging an application at the latest.

How does the new Reception Conditions Directive improve living conditions?

The Reception Conditions Directive aims to establish standard living conditions in all Member States. It harmonises the existing rules and practices by Member States, which are be obliged to take into account EUAA indicators and guidance on reception.

Member States have a responsibility to ensure sufficient reception capacity and to ensure an adequate standard of living that protects physical and mental health and respects the Charter of Fundamental Rights.

Guarantees and safeguards are enhanced with regard to detention. For example, there should be no detention if it puts the physical and mental health of applicants at serious risk.

How are fast and efficient procedures ensured?

Fast and efficient procedures are ensured through to the concrete timelines set out in the legislation. Member States must respect these timelines when processing applications. Here are few examples.

The Asylum Procedure Regulation clarifies and streamlines the access to the procedure by establishing clear deadlines for each step. Such steps include the applicant expressing the wish to receive international protection (the making), the authorities registering the application (the registering), and the applicant lodging the application (the lodging). The Regulation thus clarifies what each of the three steps entails, what obligations the applicant and the authorities have, and what the deadlines for each of the steps are.

The Asylum Procedure Regulation sets a time limit of 21 days for applicants to lodge their application following the date when they are registered for the regular procedure. Member States may only extend the duration for examining applications by 6 months. Thus, the regular procedure can last a maximum of 6+6 months.

The accelerated procedure is mandatory throughout the EU to deal with abusive claims and subsequent applications. Moreover, the Asylum Procedure Regulation sets a clear deadline of 3 months to conclude the accelerated procedure. Similarly, the Asylum Procedure Regulation establishes clear deadlines to check the inadmissibility of applications (from 10 days to 2 months, depending on the case).

Effective system of solidarity and responsibility

Permanent solidarity framework

What is the solidarity mechanism for Member States facing ‘migratory pressure' and how does it work?

The EU has a permanent mandatory solidarity mechanism to ensure that   Member States facing migratory pressure receive support. Each Member State contributes to the solidarity efforts in a flexible way and chooses the type of solidarity they provide. The system also includes effective rules to detect and prevent secondary movements and ensure asylum applications are processed by the Member State responsible.

In order to decide who benefits from solidarity, each year, the Commission adopts:  an Annual Report assessing the migratory situation; an implementing decision determining the Member States under migratory pressure or at risk of migratory pressure during the upcoming year, or facing a significant migratory situation; and a proposal for a Council Implementing Act establishing the Solidarity Pool of the upcoming year.

The Commission already adopted the report and proposed the implementing decision concerning the first Annual Migration Management Cycle and the Council adopted the implementing decision on 23 December 2025.

For more detailed information, click for a more detailed Q&A on the annual solidarity cycle.

How does the solidarity mechanism work in times of crisis compared to under the Asylum Migration Management Regulation?

The Crisis and force majeure Regulation provides for enhanced solidarity compared to the framework set out in the AMMR for ‘migratory pressure' or ‘significant migratory situation':

Firstly, the solidarity response is targeted to the Member State(s) facing the crisis, with specific solidarity pools established for each Member State based on the request of the Member State concerned and an assessment of its specific needs, as opposed to the annual solidarity pool under the AMMR.

Secondly, a faster procedure will apply. The implementing act setting up the specific solidarity pool for the benefit of the Member State should be adopted within 3 weeks from when the Member States concerned are considered in a situation of crisis (as opposed to up to 2 months under the AMMR).

Thirdly, the relocation needs of the Member State have to be satisfied either through the annual solidarity pool (under the AMMR annual cycle) if there are still relocation pledges available, or the specific solidarity pool established for the Member State in crisis or, if neither contains sufficient relocation pledges, “responsibility offsets” (already existing in the AMMR), whereby the contributing Member State(s) will take responsibility for applications for which the Member State facing a situation of crisis has been determined as responsible.

Member States have full discretion to choose among the solidarity measures, so in no circumstances can there be mandatory relocation.

Operational and financial support

How does the Commission calculate Member States' contributions?

Every year, the Commission proposes a ‘Solidarity Pool', setting up the needs for the year in absolute terms: total number for relocations and corresponding total number for financial contributions.

The AMMR foresees minimum thresholds for relocations and financial contributions that the Commission has to respect when calculating the needs for the year and in its annual proposal for the Council implementing act: 30 000 relocations and EUR 600 million for financial contributions at EU level per year. 

The Commission's proposal will also include an indication of what each contributing Member State's ‘fair share' of solidarity measures would be, based on the GDP and population of each country.

This proposal is used as a basis for Member States to pledge their concrete contributions. These contributions can take the form of relocations, financial contributions or in-kind support.

All Member States are obliged to contribute on the basis of their fair share, but they have full discretion to choose among the three types of solidarity measures or a combination of those. If the Member State opts for pledging in-kind assistance, this assistance will be monetised to be able to confirm compliance with the mandatory faire share.

It is the Council, when adopting the Commission's proposal, that ultimately defines the total contributions in the Solidarity Pool for the year.

What is financial solidarity? How is it channelled? Can it support activities in third countries?

Among other measures, Member States can support other Member States under migratory pressure through financial contributions, which will be implemented through the EU budget. This means that financial contributions from contributing Member States will be made to the EU budget in the form of external assigned revenue under the Asylum, Migration and Integration Fund (AMIF) and the Border Management and Visa Policy Instrument (BMVI). These additional financial resources will subsequently be channelled by the Commission to the benefitting Member States through the modification of their respective programmes.

The benefitting Member States can use financial contributions for relevant actions in their territory, in line with the Asylum Migration Management Regulation and of the AMIF or BMVI Regulation. In the case of AMIF, financial contributions can also support actions in third countries. 

Clearer rules on responsibility for asylum applications

What is a ‘responsibility offset'? When can these be used?

If a Member State is under migratory pressure, an important measure to alleviate this pressure is reducing the number of asylum applications that the Member State concerned is required to examine (i.e. the Member State under migratory pressure is alleviated of the responsibility for a given number of asylum applicants). The AMMR foresees two possibilities for reducing the responsibility of the Member State under migratory pressure for a given number of asylum applicants:

1. Relocation of applicants for international protection to other Member States. In this case, an applicant is transferred to another Member State.
2. ‘Responsibility offsets'. This measure covers those whose asylum applications should have been examined by the Member State under migratory pressure but who moved to another Member State in an unauthorised way. Under the responsibility rules, these applicants should be sent back to the Member State under migratory pressure. However, the Member State where the applicant is physically present can take the responsibility to examine the asylum application instead of transferring the applicant back to the Member State under migratory pressure. This is counted as a form of solidarity.

As the objective of both measures is to reduce the number of applicants whose asylum applications should be the responsibility of the Member State under migratory pressure, these two measures - relocation and responsibility offsets - are called ‘people solidarity'.

Preventing secondary movements

How are abuses – such as absconding or secondary movements – prevented?

The obligations for applicants have been made clearer and stricter.

The AMMR enhances the rules covering situations where asylum applicants move in an unauthorised way from one Member State to another. The Member State responsible will be indicated in the Eurodac system. If the applicant absconds and goes to another Member State, they can be sent back through a simpler and faster process.

The Member State where the person is present without any (legal) reason can notify the Member State responsible, using a standard form and including proof and circumstantial evidence, and, after notifying the person concerned, proceed swiftly with the decision to transfer them to the Member State responsible.

Unlike under the previous rules, there is no shift of responsibility between Member States if a ‘take-back' notification is not sent on time (by the Member State on whose territory the person is present). This means that Member State authorities can organise a transfer at any time. This is particularly relevant in cases where applicants have absconded to prevent transfers back to the Member State in charge.