kom (2017) 0669 - Ingen titel

Europaudvalget 2017
KOM (2017) 0669
Offentligt

EUROPEAN

COMMISSION

Brussels, 15.11.2017

SWD(2017) 372 final

COMMISSION STAFF WORKING DOCUMENT

Best practices on the implementation of the hotspot approach

Accompanying the document

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE

EUROPEAN COUNCIL AND THE COUNCIL

Progress report on the European Agenda on Migration

{COM(2017) 669 final}

kom (2017) 0669 - Ingen titel

EST PRACTICES ON THE IMPLEMENTATION OF THE HOTSPOT APPROACH

The hotspot approach is a cornerstone of the broad range of measures set out by the Commission

more than two years ago in the European Agenda on Migration of 13 May 2015

in response to the

unprecedented migration challenges in the Mediterranean. The Commission's Communication on

the Delivery of the European Agenda on Migration

of 27 September 2017, underlined that the

hotspot approach is a tangible operational achievement and a concrete example of the principles of

solidarity and responsibility in responding to the pressure faced by Greece and Italy. Moreover, the

hotspot approach has been constantly adapted to the evolving migration situation and policy

contexts in Greece and Italy and also incorporated in the new European Border and Coast Guard

Regulation

In its Communication of 27 September 2017, the Commission announced that it will develop

technical guidance, including a template for standard operating procedures, on the implementation

of the hotspot approach in case of disproportionate migratory pressure at the external border of any

Member State. Based on the lessons learned and best practices gained in the implementation of

hotspots in Greece and Italy as well as various reports, most notably the European Court of

Auditor's Special Report of 28 April 2017 which contains a number of recommendations how to

improve the functioning of hotspots, the Commission has identified the best practices set out below.

These aim at facilitating, in future cases of Member States facing extraordinary migratory pressure,

the effective and sustainable preparation and operation of hotspots and the distribution of

responsibilities among stakeholders.

The purpose of these best practices is to set out the key principles for ensuring that, in future cases,

hotspots are functioning effectively and that Member States hosting hotspots have clear guidance on

what they should do, once the hotspot approach has been activated in accordance with Article 18 of

the EBCG Regulation

which contains provisions on the EU operational cooperation in hotspot

areas.

These best practices should be applied to the extent possible also to locations at the land or sea

border where temporary so-called mobile hotspots (established on an exceptional basis due to a

specific need/geographical location) or sites functioning like hotspots are being established.

1. Swift adoption of a Roadmap and Hotspot Standard Operating Procedures

Without prejudice to the procedure set out in Article 18 of the EBCG Regulation

, once the setting

up of hotspots has been agreed, the following preparatory actions should be undertaken without

delay to enable a swift launch of operations:



The host Member State should submit to the Commission a

roadmap

including the sites

identified to accommodate hotspots as well as clear information on the resources that this

host Member State will allocate.



Based on the template elaborated by the Commission

, the host Member State should draft,

together and in agreement with the Commission, relevant EU Agencies and International

COM(2015) 240 final.

COM(2017) 558 final.

Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and

amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European

Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).

OJ L 251/1 of 16.9.2016.

See Annex 1.

kom (2017) 0669 - Ingen titel

Organisations (to the extent of the requested involvement),

Hotspot Standard Operating

Procedures (H-SOPs)

specifying the workflows to be applied in the hotspots. They should

be adopted by the host Member State as early as possible prior to the start of hotspot

operations and take the form of a legal act, governmental or ministerial decision or circular,

depending on the host Member State's constitutional requirements.

A clear attribution of tasks among all stakeholders

Due to its integrated character, the efficiency of the hotspot approach depends on a clear

distribution of tasks and responsibilities among stakeholders. At central level, the host Member

State should appoint one single body with the powers to overlook all aspects of hotspots operations.

At local level, a person responsible for overlooking the concrete hotspot area and of the operations

therein should be appointed at the latest when the roadmap is submitted. The Commission, EU

agencies, and relevant International Organisations should equally appoint each a contact person.

The host Member State should grant the Commission and the relevant EU agencies staff permanent

access to the hotspots, including to planned sites during the establishment phase. Moreover, as

security and safety of staff and migrants in the hotspot areas fall under the sole responsibility of the

host Member State, the latter should take the necessary preventive measures to guarantee safety,

security and public order in the hotspots, including the control of entries/exits, evacuation and

security plans. Police forces present in the hotspots should be closely involved in local coordination.



Single body overlooking the management and operations of hotspots (central level);

Single person responsible for the coordination of operations in each hotspot (local level);

Permanent access of Commission and relevant EU agencies' staff to the hotspots;

Preventive measures to guarantee safety, security and public order in the hotspots;

Security and evacuation plans in all hotspots.

3. Efficient coordination

According to Article 18(3) of the EBCG Regulation

,"the Commission shall, in cooperation with

the host Member State and the relevant agencies, establish the terms of cooperation at the hotspot

area and be responsible for the coordination of the activities of the migration management support

teams".

To ensure the necessary operational coordination between the different stakeholders and relevant

EU Agencies at central/regional level, a coordination structure, similar to the existing EU Regional

Task Forces (EURTF) in Greece (Piraeus) and Italy (Catania), should be established in any Member

State where hotspot areas are to be established. Based on its mandate, such coordination structure

should adopt its own rules of procedure.

Regular and systematic coordination is also essential at local hotspot level. The host Member State

should, together with the Commission, draw up a multiannual financial contingency planning if

needed.



Coordination task force with a clear mandate;

Multiannual financial and contingency planning.

4. Up to standards hotspot infrastructures

Regulation (EU) 2016/16247 of 14 September 2016.

kom (2017) 0669 - Ingen titel

The EU legal framework provides for specific reception standards based on the legal status of the

migrant, especially as regards asylum seekers (Reception Conditions Directive). Equally important

is the full respect of fundamental rights, principles and standards with regard to the operations and

performance of tasks in the hotspots. Infrastructures should also be adapted to the specific needs of

vulnerable persons by containing safe and separated areas, in particular for families and

(unaccompanied) minors.



Sufficient and up to EU standards reception capacity, in particular for families and minors;

Reception facilities adapted to the specific need of vulnerable migrants;

Clear set of rules on access of migrants to the hotspot.

5. Sufficient deployment of experts from other Member States

Member States' experts should be deployed in sufficient numbers, with the adequate profiles and for

sufficiently long periods to ensure their efficient use in hotspot operations. A minimum gender

balance, among the deployed experts should also be foreseen, in particular to deal with certain

vulnerable groups, such as victims of gender-based violence. Prior to their deployment, experts

should be trained to the specificities of the work in hotspots, including the inter-agencies dimension.

Cultural mediators and interpreters

are instrumental for Member States' experts to perform their

migration management and law enforcement tasks. To limit the negative impact of possible

shortages, their pooling and cross-use by the different stakeholders operating in the hotspots should

be considered to optimise the ability to meet needs; the pool could be managed by the single hotspot

coordinator. This is particularly important for the first and second line security checks which may

be negatively impacted by a strict separation between interpreters used as part of the asylum process

and the law enforcement interpreters’ pool.



Member States' experts to be trained, to have the necessary profiles and to be deployed for

sufficiently long periods;

Common pool of interpreters and cultural mediators for all actors operating in the hotspots, as

far as possible.

6. Comprehensive and effective processing of incoming migrants

The processing of incoming migrants should take place at the earliest stage possible. The

first

medical assessment and reception

should be possible on a 24/7 basis. Hotspots should be fully

integrated into national health systems to facilitate referrals. An IT-based migrant health record,

based on the Personal Health Record (developed by the Commission) should be filled in already in

the hotspot. Initial physical

security through body and luggage checks, including personal

belongings

should be one of the first measures taken in the hotspot area, unless already performed

following rescue operations. Moreover, an effective software and network capacity for large scale

registration activity and a sufficient number of

fingerprinting

devices and staff to operate them are

essential to ensure a swift registration process, at the end of which migrants should be identified and

registered as well as provided with a document specifying their presumed or confirmed identity,

status and possible vulnerabilities.

Screening

activities as well as

age and vulnerability

assessment

should be done by trained personnel on the basis of standard procedures and templates.

Unaccompanied minors should be appointed a

guardian

and adequately accommodated without

delay.

Considering the foreseen capacity of the hotspots to be created, the expected processing capacity

and the national capacity to be deployed, the Host Member State should identify the support needed

by EU Agencies in terms of human resources and technical equipment. In particular, the sufficient

kom (2017) 0669 - Ingen titel

number of fingerprinting devices should also include the need to have access to relevant EU

systems (and Interpol) for searching and identifying and a sufficiently stable IT-backbone in order

to enable fast and stable checks in the databases.

Hotspots should have adequate structures for confidential interviews for screening and

debriefing

activities which are key to gather information on migratory routes, smuggling networks or/and

security aspects. Europol and EBCGA deployed Member States' experts should be closely involved

in the

first- and second-line security checks

performed by national authorities. Local judicial

authorities should be reinforced to cope with increased cooperation needs from hotspots.

The channelling of migrants has to take place after migrants have been informed about their rights

and duties in accordance with the EU migration

acquis.

Additional

provision of information

techniques, such as repeated audio messages, videos, testimonies, information kiosks or posters in

strategic locations, small group sessions or social media, should be used.



Use of the relevant elements of the Personal Health Record;

Comprehensive capacity to fully identify and register the arrived migrants;

Standard procedures and templates for the follow up of vulnerable cases;

Immediate availability of Child protection officers and guardians for unaccompanied minors;

Adequate structures for confidential interviews for screening and

debriefing

activities;

Close involvement of Member State experts in first and second-line security checks, including

databases;

Targeted and timely provision of information;

Systematic transmission of information from hotspots to follow up structures.

7. A closer nexus between the initial steps of the hotspots approach and the asylum/return

procedures

In order to increase the effectiveness and efficiency of the asylum and return procedures, it is

advisable to establish, within the existing national legislative framework,

a closer nexus between

the initial steps of the hotspots approach and the asylum and return procedures

which should

follow these initial steps in order to expedite processes and ensure efficiency gains. In this way, the

asylum and return procedures which should follow the initial identification, registration and

fingerprinting of the persons concerned can be carried out in the most effective manner. The

experience with the implementation of the hotspots approach in Greece has also showed the added

value of initiating the asylum and return procedures and, when appropriate, finalising them, in the

hotspots. In this framework, the role of EU Agencies should be scaled up in the preparation and

implementation of asylum and return decisions. In particular, the support of EASO experts to the

asylum procedures should be envisaged at all stages.

As concerns

applications for international protection,

the host Member State should use all

possibilities within the existing national legal framework and the EU acquis to expedite procedures

and to quickly decide on applications, notably by prioritising e.g. inadmissible or manifestly

unfounded cases.

With regard to duly informed migrants who did not apply for international protection or whose

application was rejected,

return procedures

could be initiated directly from the hotspots. Local

particularities as well as legal and logistical aspects specific to each Member State should be taken

into account. Wherever possible, the return decision should be taken already in the hotspots and

enforced with the support of the European Border and Coast Guard Agency. To this end, the overall

detention capacity of the host Member State should be sufficient to adequately support removal

operations. The presence of third-countries Liaison Officers has also proven to be an effective tool

to help formally identifying migrants and carrying swiftly the necessary consular work in view of

kom (2017) 0669 - Ingen titel

issuing the necessary travel documents. Assisted Voluntary Return and Reintegration opportunities

(AVRR) should also be part of this procedure.



Establish a close nexus between the initial steps of the hotspots approach and the asylum and

return procedures which should follow these initial steps, in order to expedite processes and

ensure efficiency gains, within the existing national legislative framework;

Scale up the use of EU Agencies and experts at all stages of asylum and return procedures.

kom (2017) 0669 - Ingen titel

NNEX

EMPLATE FOR

OTSPOT

TANDARD

PERATING

ROCEDURES

(H-SOP

)

I. Introduction

1. Purpose of the Hotspot Standard Operating Procedures (H-SOPs)

2. Introduction to the Hotspot Approach

3. Actors

- National Authorities

- EU Institutions/Agencies

- International Stakeholders

- Other Actors

II. Structure of Hotspot SOPs

910

Border control/Search

and rescue / interception of migrants *

AT DISEMBARKATION SITE (note: might be extremely close to hotspot premises, having

the effect that some actions listed under 4 are carried out here (i.e. 4.2., 4.8.)*

TRANSFER TO HOTSPOTS*

ENTERING THE HOTSPOT PREMISES AND INITIAL PROCESSING

Initial reception of arriving migrants*

Personal security checks and checks of personal belongings*

First identification/screening*

Check against national and European databases, including travel document checks*

Photographs and fingerprinting*

Debriefing procedures*

Information provision on current legislation on migration and international protection

procedures as well as on assisted voluntary return and reintegration*

4.8 Medical assessment / first medical assistance, including psychosocial assistance*

4.9 Vulnerability identification and assurance of appropriate follow-up via a uniform referral

system*

a) identification of UAMs

b) identification of victims in trafficking of human beings

c) identification of other categories (shipwreck victims, single women, victims of

violence etc.)

4.10 Completion of registration and reception and identification procedures and referrals*

4.11 Launch of the appropriate follow-up procedure

a) for those migrants not expressing any intention to apply for international protection,

individuals with a criminal background known to the authorities, persons with entry

bans, etc: return procedure

b) for those migrants expressing the intention to apply for international protection:

formalise asylum request

c) launch of voluntary relocation procedure (when applicable)

STAYING AT THE HOTSPOT

5.1

5.2

4.1

4.2

4.3

4.4

4.5

4.6

4.7

Residency status*

Assignation to dormitories – matters of residency – accommodation - catering

The H-SOP template is intended for the functioning and organisation of future hotspots in Member States.

Each of the 5 sections and subsections under part II should be further broken down into "overview", "actors involved" and "procedural steps to

follow".

A workflow chart providing a summary overview on the different stages of the processing of incoming migrants under the H-SOPs should be

annexed.

Due to the existence of different modules in the hotspot approach, phases marked with an * should be considered mandatory.

Only applicable in cases when it is foreseen by the relevant national legislation

kom (2017) 0669 - Ingen titel

5.3

5.4

5.5

5.6

Provision of services*

Rights of Third-country nationals*

Obligations of Third-country nationals*

Departure from the Hotspot*