Council Implementing Decision (EU) 2022/60 of 12 January 2022 on the Operational Coordination Mechanism for the External Dimension of Migration
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision 2014/415/EU of 24 June 2014 on the arrangements for the implementation by the Union of the solidarity clause (1), and in particular Article 9(3) thereof,
(1) This Decision concerns the establishment of a mechanism for the operational coordination of the external dimension of migration (MOCADEM), by adaptation of the integrated EU mechanism which was approved by the Council on 25 June 2013, and arrangements for which are referred to in Article 1(2) of Decision 2014/415/EU.
(2) The European Council of 24-25 June 2021 called for intensified partnerships and cooperation with countries of origin and transit in order to prevent loss of life and reduce pressure on European borders, in a pragmatic, flexible and tailor-made approach, using in a coordinated way all available instruments and incentives at Union and Member State level.
(3) The European Council of 21-22 October 2021 subsequently called for making operational the action plans established for eight priority countries of origin and transit, backed by concrete timelines and adequate financial support.
(4) On 16 December 2021, the European Council invited the Council to ensure close monitoring of the swift and effective implementation of the European Union's external migration policy under the direction of its Presidency.
(5) In order to ensure the Council is in a position to ensure that its task is carried out, it is necessary to integrate the various means and levers, to strengthen coordination between all the actors involved in implementing the external dimension of migration, and to ensure the operational nature of the Union's actions, without prejudice to the respective competences of the Union Institutions.
(6) To that end, a mechanism for the operational coordination of the external dimension of migration (MOCADEM) should be created. The mechanism should build upon the arrangements provided for in Council Implementing Decision (EU) 2018/1993 (2) on the EU Integrated Political Crisis Response Arrangements. It differs, however, in its purpose, in so far as the new mechanism is intended to deal with relations with third countries in the field of migration,
HAS ADOPTED THIS DECISION:
Creation of an operational coordination mechanism
1. This Decision creates an operational coordination mechanism for the external dimension of migration (MOCADEM). The MOCADEM shall enable the Union to coordinate and react in a timely manner to issues related to the external dimension of migration.
2. The MOCADEM shall provide the Council with the necessary flexibility to ensure the synthesis of information and orientations proposed by the various preparatory bodies and by the various parties involved in the mechanism. It shall prepare and propose operational actions relating to the means and leverages to be mobilised to implement the Union's objectives for each third country concerned.
3. The MOCADEM shall be under the direction of the Council Presidency, taking fully into account the competences of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy (HR).
4. The MOCADEM does not replace or duplicate existing Union mechanisms or arrangements.
For the purposes of this Decision, an ‘operational action’ means any action the implementation of which is likely to contribute to the attainment of the objectives of the Union in its relations with a third country in the field of migration, including:
— a political or diplomatic approach,
— an action in support of the third country concerned, including in the area of capacity building or development cooperation,
— the mobilisation of any available leverage, for example financial support, or the tools of visa policy or any other policy, and
— the development of targeted communication strategies.
1. Where the situation of relations between the European Union and a third country as regards migration has such an impact as to require coordination and a timely response from the Union, the Presidency may convene, with the support and advice of the General Secretariat of the Council, a MOCADEM roundtable.
2. The MOCADEM roundtable shall aim to synthesize the information and policy proposals provided by the various Council preparatory bodies as well as by other invited parties. Based in particular on the working summaries drawn up by the Council Working Party on External Aspects of Asylum and Migration, and relevant work carried out by other Council working parties (such as the Visa Working Party, the Working Party on Integration, Migration and Expulsion, the Working Party on Development Cooperation and International Partnerships, or the geographical working parties). It shall prepare operational actions to be proposed to the Committee of Permanent Representatives (Coreper), in any area relevant for the relationships between the European Union and the third country concerned in the field of migration.
3. The Presidency shall decide on the composition of the MOCADEM roundtables. The Commission services and the European External Action Service (EEAS) shall be invited to participate and to present a summary contribution in respect of all their respective areas of competence. Interested Member States shall be invited to participate. Relevant Union bodies, offices or agencies, other relevant stakeholders, and experts in certain fields shall also be invited to participate, as appropriate.
4. The level of representation of each invited institution, body, office, agency or other party shall be appropriate to the operational and decision-making objective of the roundtable.
Role of Coreper
In order to ensure the coherence of the policies and actions carried out by the Union, Coreper shall ensure the strategic direction of the work of the MOCADEM, which shall report regularly to Coreper, and Coreper shall ensure the political control of the implementation of the arrangements.
1. The MOCADEM may rely on reports prepared by the Integrated Situational Awareness and Analysis (ISAA) support capability established under Implementing Decision (EU) 2018/1993.
2. The ISAA support capability shall allow to:
(a) collect and disseminate situational information, the analyses carried out by the Union and the Member States, the decisions and measures that the relevant stakeholders have taken or need to take, and the coordination requirements;
(b) process the information referred to in point (a) and provide an overview of the situation; and
(c) produce an integrated analysis, including the possible evolution and consequences of the situation.
3. The ISAA shall be developed by the Commission services and the EEAS within their respective roles and responsibilities and within the limits of their existing means and capabilities. The ISAA shall also be based on the analyses provided by the Member States and by the Union's bodies, offices and agencies.
No later than 13 January 2023, Coreper shall review the implementation of the MOCADEM, based on a report submitted by the Presidency after consultation of the Commission and the HR. Coreper shall, as appropriate, propose to the Council possible revisions to this Decision.
Entry into force
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 12 January 2022.
For the Council
J.-Y. LE DRIAN