title: Commission Recommendation (EU) 2016/2256 of 8 December 2016 addressed to the Member States on the resumption of transfers to Greece under Regulation (EU) No 604/2013 of the European Parliament and of the Council

text:
               15.12.2016

               EN

               Official Journal of the European Union

               L 340/60

         COMMISSION RECOMMENDATION (EU) 2016/2256
   of 8 December 2016
   addressed to the Member States on the resumption of transfers to Greece under Regulation (EU) No 604/2013 of the European Parliament and of the Council
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               The transfer of applicants for international protection to Greece under Regulation (EU) No 604/2013 of the European Parliament and of the Council (1) (hereafter ‘the Dublin Regulation’) has been suspended by Member States since 2011, following two judgments of the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU) (2), which identified systemic deficiencies in the Greek asylum system, resulting in a violation of the fundamental rights of applicants for international protection transferred from other Member States to Greece under Council Regulation (EC) No 343/2003 (3).

               (2)

               The Committee of Ministers of the Council of Europe has been monitoring the situation in Greece since the M.S.S v Belgium and Greece judgment was delivered by the ECHR in 2011 on the basis of progress reports that Greece is required to submit as evidence of the execution of the judgment and on the basis of evidence from NGOs and international organisations, such as the United Nations High Commissioner for Refugees (UNHCR), that operate in Greece. At the request of Greece submitted in June 2016, the Ministerial Committee has accepted to postpone the evaluation procedure on the basis of the argument that Greece is currently under enormous migratory pressure, that the situation is exceptional, unstable and not the same as it was when the M.S.S judgment was delivered five years ago.

               (3)

               As a result of the M.S.S judgment, Greece committed to reform its asylum system on the basis of a national Action Plan on Asylum Reform and Migration Management presented in August 2010 and revised in January 2013 (hereafter ‘the Greek Action Plan’). On 1 October 2015, Greece presented a Roadmap on the implementation of the relocation scheme and the hotspots approach to the Council, which also outlines certain actions to be prioritised to ensure implementation of agreed pending actions in the areas of asylum and reception.

               (4)

               At the same time, the current refugee and migration crisis continues to place pressure on the Greek asylum and migration systems as the main country of first entry from the Eastern Mediterranean route. Between January and 4 December 2016, 171 909 migrants arrived irregularly in Greece (4). Even if the EU-Turkey Statement (5) has led to a significant decrease in the number of daily arrivals to Greece from Turkey (6), it has also placed new responsibilities on the Greek authorities. The average daily number of arrivals to Greece has moreover increased in the period since the beginning of August 2016 compared to the period 1 May until 31 July 2016 (7). Furthermore, the situation in Greece has also changed significantly, following the de facto closure of the Western Balkans route, which prevents third-country nationals from onward travel. As a result, more than 62 000 third-country nationals having arrived irregularly are currently present in Greece (8). At the same time, the emergency relocation scheme based on two Council Decisions (9) (hereafter ‘Relocation Decisions’), is showing a positive trend particularly in Greece where relocation transfers have moved upwards and stand presently at around 1 000 per month. However, more efforts are needed from all Member States to alleviate the pressure on Greece. For this purpose, the Commission is calling on all Member States to pledge and relocate on a monthly basis to achieve at least 2 000 relocation transfers per month as of December 2016 and progressively increase monthly relocations (10).

               (5)

               On 10 February and 15 June 2016, the Commission addressed respectively two Recommendations to the Hellenic Republic on the urgent measures to be taken by Greece in view of the resumption of transfers under the Dublin Regulation (11). Those Recommendations concluded that the situation in Greece still needed considerable improvement before a further assessment could be made by the Commission on the possible resumption of transfers to Greece under the Dublin Regulation. On 28 September 2016, the Commission addressed a third Recommendation to the Hellenic Republic on the specific urgent measures to be taken by Greece in view of the resumption of transfers under the Dublin Regulation (12) (hereafter ‘the third Recommendation’). The third Recommendation concluded that Greece is still facing a challenging situation in dealing with a large number of new asylum applicants, notably arising from the implementation of the so called ‘pre-registration’ exercise and the continuing irregular arrivals of migrants. There were moreover further important steps to be taken to remedy the remaining systemic deficiencies in the Greek asylum system, in particular given the capacity shortfalls. On the basis of the further progress achieved, any future resumption of transfers to Greece under the Dublin Regulation should, in accordance with the third Recommendation, take account of the impact this challenging situation has on the overall functioning of the asylum system, and should therefore start gradually, on a case by case basis.

               (6)

               By letter of 22 November 2016, Greece provided the Commission with further information regarding the latest situation of asylum applicants in Greece and of the progress it has made to reform its asylum system. Greece also expressed concerns about the prospect of a possible resumption of Dublin transfers, given the number of migrants in Greece, noting an enormous burden on it disproportionate to its size and which result in a situation where the asylum and reception capacities have reached their limit. Greece equally pointed to the level of relocations from Greece to other Member States which remain well below the level foreseen in the Relocation Decisions. However, Greece underlined that it is not aiming at any permanent exclusion from the Dublin system and requested genuine solidarity and support until the situation has been fully regularised in Greece.

               (7)

               According to Greek data of 22 November 2016, approximately 39 000 asylum applications have been lodged with the Greek Asylum Service since 1 January 2016. The pending cases to be examined at first instance were on 30 September more than 17 000. It is estimated by the Greek authorities that up to a total of 50 000 asylum applications will have been lodged by the end of 2016 (13). Due to the regularisation of the situation in Greece and the improved access to the asylum procedure, among other factors, the asylum application case load that the Greek Asylum Service is facing is significantly greater than in previous years.

               (8)

               In its previous Recommendations, the Commission has noted the improvements that Greece has made to its legislative framework to ensure that the new legal provisions of Directive 2013/32/EU of the European Parliament and of the Council (14) (the recast Asylum Procedures Directive) and some of Directive 2013/33/EU of the European Parliament and of the Council (15) (the recast Reception Conditions Directive) have been transposed into the national legislation. A new law (Law 4375/2016) was adopted by the Greek Parliament on 3 April 2016 (16). On 22 June 2016, the Parliament approved an amendment to Law 4375/2016 which, inter alia, modified the composition of the Appeals Committees and the right of asylum seekers to an oral hearing before them (17). On 31 August 2016, the Greek Parliament also adopted a law regarding school-aged refugee children residing in Greece (18).

               (9)

               As regards reception capacity, in the past year, Greece has significantly increased its overall reception capacity for both irregular migrants and applicants for international protection. According to the daily information released by the Greek authorities on 6 December 2016, there are 71 539 places available mostly in temporary reception facilities, including accommodation being provided by UNHCR (see recital 11), for both irregular migrants and applicants for international protection in Greece (19). However, there are serious challenges as regards capacity in the Aegean islands which have become overcrowded: maximum reception capacity remains around 8 200 while the total number of registered migrants on the islands was 16 295 as of 5 December 2016 (20).

               (10)

               Greece has also increased the accommodation for vulnerable applicants, in particular for unaccompanied minors. On 17 November 2016, 1 191 places were available in shelters for unaccompanied minors irrespective of whether they are asylum seekers or not. An additional 130 places suitable for unaccompanied minors is foreseen to be established by the end of 2016. However, the capacity for vulnerable applicants is still far from sufficient as facilities are currently full and there is a waiting list for 1 199 unaccompanied minors who need to be placed in appropriate facilities (21). The progress is, therefore, too slow in this area, and it is clear that Greece needs to step up its efforts to ensure that an appropriate number of reception facilities for unaccompanied minors are in place to deal with the demand for such accommodation.

               (11)

               In January 2016, a Delegation Agreement for a total of EUR 80 million was signed between the Commission and the UNHCR in order to establish 20 000 places in open accommodation (rental apartment schemes, hotel vouchers and family host programmes) primarily for the benefit of applicants for international protection eligible for relocation. The Delegation Agreement was revised in July 2016 in order to include in the accommodation scheme also the possibility to establish places in relocation sites managed by UNHCR, and to make it clearer in the text that the target group of the accommodation scheme includes not only relocation candidates but also other asylum seekers, particularly Dublin family reunification candidates and vulnerable categories, including unaccompanied and separated children, persons with disabilities, elderly, single parents, chronically ill, pregnant women, and others. Since September, the accommodation places available have been significantly increased (by around 8 100). UNHCR had committed in December 2015 to create 20 000 places for applicants eligible for relocation under the rental scheme, and as of 6 December, 20 145 places were available, including 6 344 places in hotels/entire buildings, 11 711 places in apartments, 484 places in host families, and 960 in relocation sites and 646 places in dedicated facilities for unaccompanied minors (22). As the current Delegation Agreement ends on 31 December 2016, the Commission started discussions with UNHCR for the extension of the scheme in 2017, on the basis of an updated assessment of Greece's reception needs.

               (12)

               In terms of quality, many of the reception facilities in Greece still fall short of the requirements stipulated in the Reception Conditions Directive 2013/33/EU for applicants for international protection, in particular on the islands and in some of the mainland temporary facilities. The ‘Hotspot’ facilities on the islands are not only overcrowded but have substandard material conditions in terms of sanitation and hygiene, access to essential services such as health care, in particular for vulnerable groups. Security is insufficient, and tensions persist between different nationalities. In the mainland, while the UNHCR accommodation scheme provides adequate conditions, much of the remaining reception capacity consists of encampments (currently 53 sites are being used) and emergency facilities with widely varying and often inadequate standards, both in terms of material conditions and security. Winterisation of some of these facilities has commenced but progress is slow. Even with improvements, it will be difficult to turn some camps into suitable permanent reception facilities, and there may be a need to close them down, while consolidating others.

               (13)

               Moreover, overall coordination of the organisation of reception in Greece appears to be deficient, due to the lack of a clear legal framework and monitoring system, with an ad hoc management of some camps by the Ministry for Migration and others by the Reception and Identification Service. No decision has been taken yet regarding which facilities should be made permanent. The Reception Service is still in the process of building up capacity.

               (14)

               It follows from the above that Greece still needs to make progress in establishing sufficient and adequate dedicated permanent open reception capacity for asylum applicants, all of which should be of an appropriate standard in accordance with the EU acquis. This should include a centralized management of all reception facilities together with a system for constantly monitoring the material standards for those facilities and the services provided there. Some temporary facilities should be transformed into permanent ones, but a sufficient capacity in terms of temporary facilities to accommodate any shortfall in capacity resulting from unexpected inflows should nevertheless also be maintained. Furthermore, as already requested in the third Recommendation, it is of utmost importance that the Greek authorities provide more exact data on the reception capacity and a comprehensive and continuously updated needs assessment in terms of total reception capacity and the nature of that capacity.

               (15)

               Substantial improvements have been noted regarding the establishment of the Regional Asylum Offices in the previous Recommendations. Greece's law provides for the establishment of Regional Asylum Offices in the regions of Attica, Thessaloniki, Thrace, Epirus, Thessaly, Western Greece, Crete, Lesvos, Chios, Samos, Leros and Rhodes (23). By decision of the Director of the Asylum Service it is also possible to set up Autonomous Asylum Units in order to cover increased needs of the Asylum Service. According to the information given by Greece in the letter of 22 November 2016, up till now seven Regional Offices have become operational, in the regions of Attica, Thrace, Thessaloniki, Lesvos, Samos, Rhodes and Patras. In addition, nine Autonomous Asylum Units are operational in Piraeus, Evros, Xanthi, Leros, Kos, Corinth and a Relocation Unit in Alimos. As the law stipulates, a further three Regional Asylum Offices are to become operational in the area of Kos, Epirus (Ioannina), Crete (Heraklio) and Thessaly (Volos).

               (16)

               The Greek Asylum Service is in the process of increasing its capacity. Currently, there are 478 persons working in the Asylum Service (24). This number covers posts of the Central Service as well as established Regional Offices and Asylum Units. The National budget covers 250 posts, whereas the rest is funded by different EU and EEA sources. By the end of the year it is planned that the staff will be increased to 659. This is in addition to the fixed-term staff hired by the UNHCR as well as the EASO staff members and the Member States' experts deployed via EASO to the Greek Asylum Service for a fixed period. The Greek authorities' intention is to replace all contractual staff with permanent staff by the end of 2017 and not to further increase the capacity; the Greek Asylum Service has indicated to the Commission services that a more rapid expansion of staffing is not feasible due to the lack of senior staff to train, mentor and supervise newly recruited ones. As the Asylum Service will have tripled in size during the course of 2016, it has indicated that it urgently needs to consolidate, especially to build middle management and staff expertise.

               (17)

               Given the scale of the increase in the number of asylum applications in Greece, it is not yet clear whether the current and planned staffing levels for the Asylum Service are sufficient for what is required to process the current and likely future case-load in a timely and adequate manner. One of the main priorities of the Asylum Service should be to reduce the time elapsing between the making and the lodging of an application which is currently often too long, with an impact on the rights enjoyed by the persons concerned and causing frustration among those affected. It should be reduced in accordance with Article 6(2) of the Asylum Procedures Directive which requires that a person who made an asylum application has an effective opportunity to lodge the application ‘as soon as possible’. It is also essential that, once lodged, an application is processed within the time limits set out in the Directive, and so normally within 6 months. The processing of a lodged asylum application currently takes at its best several months, apart from relocation cases that are processed more rapidly, and there is considerable uncertainty about the speed in which the current backlog of applications will be cleared. The Commission, however, takes due note of the concerns Greece expressed in the letter of 22 November 2016 according to which an even more rapid increase of the staff of the Asylum Service would threaten to affect the coherence and the quality of the decisions.

               (18)

               There is an urgent need to assess whether the increase so far in human resources of the Asylum Service is sufficient, and also to assess how the Commission, relevant EU Agencies and also the Member States could best assist Greece in dealing with these applications in a shorter time limit. A comprehensive and continuously updated needs assessment should be carried out that takes into account the number of asylum applications that are currently pending and that are likely to be handled by the Greek Asylum Service at any one time and the number of available staff required or likely to be required to process those applications. This staff could be comprised of additional resources to be provided by Greece itself and via deployment of Member States experts in the form of an EASO support team. While maintaining quality, it should be explored how to rationalise working methods and make them more efficient to speed up the interviews and procedures, with the support of EASO where appropriate.

               (19)

               Asylum seekers must be able to have effective access to a remedy against a negative decision on their claim. Important progress has been made in this regard. The Appeals Authority and Appeals Committees were established by Law 4375/2016 adopted in April 2016. Law 4399/2016 adopted in June 2016 establishes new Appeals Committees. They are responsible for examining all appeals against decisions of the Greek Asylum Service lodged since 20 July 2016. As a priority, the Appeals Committees are focusing primarily on cases lodged on the Greek islands, so as to contribute to the implementation of the EU-Turkey Statement. There are currently six of them. One Appeals Committee has also been established since 21 July as alternate to the permanent ones (25). In order to cope with the increasing caseload and manage the backlog cases, Greece intends to establish a further seven committees expected to be operational by the end of December 2016 and bring the total to 20 by the end of February 2017.

               (20)

               Law 4399/2016 also amended the structure of these Committees which are now composed of three members: two judges of the Administrative Court and one Greek citizen with relevant background and experience to be put forward by UNHCR or the National Committee for Human Rights.

               (21)

               According to the information given by the Greek authorities in the letter of 22 November 2016 since 21 July 2016, 2 347 appeals have been brought before the Appeals Committees but only 573 decisions have been issued.

               (22)

               The old ‘Backlog’ Appeal Committees that were established to hear asylum appeals from Greece's backlog of cases had been initially given an additional mandate to hear, in addition to substantive appeals on first instance decisions, the appeals against the decisions based on grounds of admissibility as part of the EU-Turkey Statement. According to the information given by the Greek authorities on 22 November, more than 2 000 appeals lodged between April and 20 July 2016 have been brought before the Backlog Committees. The establishment of the New Appeals Committees on 24 June 2016 (26) has alleviated the burden of the 20 ‘Backlog’ Appeal Committees allowing them to accelerate the pace of the proceedings of the backlog appeal cases.

               (23)

               More progress has been made on the long-standing backlog of appeals under the ‘old procedure’ regulated by Presidential Decree 114/2010. The current backlog stands at approximately 6 589 cases as of 22 November 2016 (down from a total of approximately 51 000 cases that were considered as part of the backlog at the beginning of 2013 and approximately 8 075 cases in September 2016). The Greek authorities have granted permits for humanitarian purposes to persons whose applications for asylum have been pending for a considerable time and who are eligible to acquire residence permits on humanitarian or other exceptional grounds, according to the Greek Law 4375/2016. The residence permits are issued for a period of two years and can be renewed (27). They provide to beneficiaries the same rights and benefits as to those granted subsidiary protection status in Greece (28), and these persons are then no longer considered as asylum applicants. Some of the backlog appeals are, however, examined as to their substance. Despite the significant progress made since the previous Recommendations, Greece should continue its efforts to clear the backlog of pending appeals in this regard, ensuring that applicants with an outstanding appeal have an opportunity to exercise their right to an effective remedy.

               (24)

               Given the increase in the number of applications made in Greece since the implementation of the EU-Turkey Statement, a fully staffed Appeals Authority, capable of handling an expected significant increase in the number of appeals, is all the more essential. While maintaining quality and without prejudice to the independence of the committee members, the efficiency of the committees should be increased. This could include in particular the Appeals Committees meeting more frequently, the use of legal assistance in drafting decisions and specialization of the committees as well as full time engagement of the members. Also more support staff should be engaged (29). A continuous needs assessment should also be carried out on the basis of the number of appeals that are currently pending in the different appeal bodies and that are likely to be handled by them with a view to assessing whether the number of committees is sufficient and working methods appropriate.

               (25)

               The provision of free legal aid has been included in the new law (Law 4375/2016) for applicants at the appeal stage. However, all the measures to implement this law in practice have not yet been taken. A Ministerial Decision implementing the provision for legal aid under Law 4375/2016 was adopted on 9 September 2016. Funding for the implementation of free legal assistance has been secured through the national programme under the Asylum, Migration and Integration Fund (AMIF). Additionally, a grant agreement was awarded to the UNHCR under AMIF emergency assistance funding for the total amount of EUR 30 million (30). This funding is, amongst other things, being used by the UNHCR to provide free legal assistance to applicants for international protection at the appeals stage until the beginning of 2017, by when the Greek authorities are expected to put in place their own free legal aid scheme. Two projects are being implemented in partnership with non-governmental organisations (Metaction and the Greek Council for Refugees): one on the islands, with full coverage of all appeals and the other one on the mainland, only with partial coverage, for appeals lodged in Athens and Thessaloniki, and not for asylum seekers in detention. On 19 September, Greece informed the Commission that the roster of lawyers to be maintained by the Asylum Service will be established by early 2017. Greece should take the necessary steps to guarantee without delay the right to free legal aid for all asylum applicants lodging appeals.

               (26)

               Serious concerns remain regarding the protection of vulnerable applicants, including unaccompanied minors, in particular given the lack of a properly functioning guardianship system, inadequacies in terms of suitable accommodation and general concerns regarding their security. The new Law 4375/2016 provides for a new Directorate for Reception and a Directorate for Social Integration that both include specialised departments for the reception and integration of unaccompanied minors within the Ministry of Interior and Administrative Reconstruction, including the provision of a legal representative. Despite this, implementing measures still need to be adopted by the Greek authorities to ensure that appropriate procedural guarantees and reception conditions are provided in practice to unaccompanied minors. A further legislative framework that should include provisions for an efficient guardianship system still needs to be adopted. The Greek authorities have confirmed that the Ministry of Labour and Social Solidarity (MoL), which is in charge of unaccompanied minors, is preparing a new law on guardianship that should be ready before the end of 2016. Within this law a special service, possibly a department, would be established for the guardianship system. While a Ministerial Decision concerning the age assessment of unaccompanied minors seeking asylum has already been adopted by the Greek government (31), there continue to be reported concerns about the implementation of the assessment in practice due to lack of identification and the lack of a legal remedy concerning the age assessment carried out by the police.

               (27)

               There has been significant progress as regards access to education. Law 4415/2016 in August 2016 aims, inter alia, at securing psychosocial support and education for the children of asylum seekers, as well as the smooth integration into the Greek educational system of those who will remain in Greece, following a preparatory, transitional period. Despite local resistance Greek authorities are taking significant measures to implement this legal framework fully and effectively.

               (28)

               According to various stakeholders, the situation for unaccompanied minors is still in general precarious, with many concerns about their security in the reception facilities on the mainland and on the islands, and with some indicating that children are still held in detention, or in ‘protected’ areas within open reception facilities, for prolonged periods in crowded and unsanitary conditions without a representative or access to legal aid, until appropriate accommodation can be found for them (32). As stated in recital 10, the lack of appropriate accommodation for minors is an important problem which still needs to be urgently remedied.

               (29)

               The European Commission has provided substantial funding to Greece to support the country in its efforts to bring its asylum management system up to EU standards. Since the beginning of 2015, more than EUR 352 million in emergency assistance has been awarded through Home Affairs Funds (AMIF and Internal Security Fund (ISF)) to Greece, either directly to the Greek authorities or through Union Agencies and international organisations operating in Greece. Out of this amount, some EUR 90 million was directly awarded to the Greek authorities in July 2016 to strengthen their capacities to improve living conditions and provide primary healthcare services at refugee accommodation centres, as well as to provide reception and healthcare services to the migrants. Substantial funding (approximately EUR 198 million) aiming at covering the migrants' and refugees' basic humanitarian needs is also being provided to humanitarian partner organisations through the recently created Emergency Support Instrument. This funding contributes to the implementation of the emergency response plan developed together by the Commission, the Greek authorities and/or relevant stakeholders to address the ongoing humanitarian situation on the ground and/or to support the implementation of the EU-Turkey Statement.

               (30)

               This emergency assistance comes on top of the EUR 509 million allocated to Greece for the period 2014-2020 through its national programmes under the AMIF and ISF Funds, thus making Greece the first beneficiary of EU Home Affairs funds amongst EU Member States.

               (31)

               Greece should ensure that such financial resources are fully used in the most efficient and effective manner and without further delay. To this purpose, Greece's national programmes under the Home Affairs funds (AMIF, ISF) are being revised to adjust them to the new priorities. The revision of the AMIF national programme has been completed, while the revision of the ISF national programme is at its final stages and should soon be completed. Furthermore, although the formal designation of the new Responsible Authority has been completed, in accordance with the requirements set in the legal basis, procedures and operational measures still need to be streamlined to ensure that Greek authorities start fully mobilising the funding available under the national programmes in order to cater for urgent needs especially in the field of reception and other services for the migrants present in the country.

               (32)

               As acknowledged in the Commission's Communication of 4 March 2016 on ‘Back to Schengen’ (33), ensuring a fully functioning Dublin system is an indispensable part of the wider efforts needed to stabilise the asylum, migration and border policy. These efforts to normalise the functioning of the Dublin system should in turn lead to a return to a normal functioning of the Schengen area. The incentive for asylum seekers arriving irregularly to Greece to move on to other Member States, which the suspension of Dublin transfers to Greece since 2011 has engendered, is one of the factors leading to the secondary movements which have been undermining the proper functioning of the Schengen system. It is therefore important that Greece takes as a matter of urgency the outstanding actions identified in this Recommendation. At the same time, reforming the Dublin rules as proposed by the Commission (34), based on the objective of solidarity and fair burden-sharing between Member States, should be a priority. Negotiations on this proposal are ongoing.

               (33)

               The Commission acknowledges the important progress made by Greece, assisted by the Commission, EASO, Member States and international and non-governmental organisations, to improve the functioning of the Greek asylum system since the M.S.S judgement in 2011. However, Greece is still facing a challenging situation in dealing with a large number of new asylum applicants, notably arising from the implementation of the pre-registration exercise, the continuing irregular arrivals of migrants, albeit at lower levels than before March 2016, and from its responsibilities under the implementation of the EU-Turkey Statement. There are moreover further important steps to be taken to remedy the remaining shortcomings in the Greek asylum system, in particular as regards the quality of reception facilities, the treatment of vulnerable applicants and the speed with which asylum applications are registered, lodged and examined in the two instances. In order to take account of the impact of this challenging situation on the overall functioning of the asylum system and in order to avoid placing an unsustainable burden on Greece, it is not yet possible to recommend a full resumption of Dublin transfers to Greece, although it remains the ultimate goal.

               (34)

               However, significant progress has been attained by Greece in putting in place the essential institutional and legal structures for a properly functioning asylum system and, there is a good prospect for a fully functioning asylum system being in place in the near future, once all the remaining shortcomings have been remedied, in particular as regards reception conditions and the treatment of vulnerable persons, including unaccompanied minors. It is, therefore, appropriate to recommend that transfers should resume gradually and on the basis of individual assurances, taking account of the capacities for reception and treatment of applications in conformity with relevant EU legislation, and taking account of the currently inadequate treatment of certain categories of persons, in particular vulnerable applicants, including unaccompanied minors. The resumption should, moreover, not be applied retroactively but concern asylum applicants for whom Greece is responsible starting from a specific date in order to avoid that an unsustainable burden is placed on Greece. It should be recommended that this date is set at 15 March 2017.

               (35)

               On the basis of the above, this Recommendation sets out the measures that need to be taken or sustained by the Greek authorities in view of resuming Dublin transfers concerning asylum applicants who have entered Greece irregularly at external borders from 15 March 2017 onwards, or for whom Greece is responsible under the criteria other than Article 13 in Chapter III of Regulation (EU) No 604/2013 from that date. With this objective in mind, Greece should urgently take all of the steps set out in this Recommendation. In compliance with the principle of solidarity and fair sharing of responsibility, the other Member States should also contribute to attaining this objective, in particular by deploying experts to assist the Greek authorities by responding to EASO's various calls as well as by fully complying with their relocation obligations resulting from the Relocation Decisions.

               (36)

               This Recommendation also sets out the modalities for the resumption of transfers which should include close cooperation between the Greek authorities and the authorities of the transferring Member State in individual cases of transfer, based on the duty of sincere cooperation between Member States, including for ensuring that the person will be suitably accommodated in accordance with the standards set out in Directive 2013/33/EU and that his or her request will be processed in accordance with Directive 2013/32/EU. This will require that Greece provides specific assurances in respect of each individual to be transferred concerning the manner in which he or she will be treated. Furthermore, a support and reporting mechanism consisting of an EASO team of Member States' experts should be set up in order to assist in ensuring that such standards are applied in practice with regard to the transferred persons.

               (37)

               Regular reporting by Greece on the progress being made in implementing these actions is essential in order to ensure full implementation of this Recommendation. Greece should accordingly provide a first report by 15 February 2017 as set out in this Recommendation which should in particular include a description of how the Greek authorities are putting in place the procedure for providing assurances in individual cases of transfer in respect of the relevant EU legislation. Thereafter, Greece should report every two months on the implementation of this Recommendation.

               (38)

               Based on these reports and any other relevant information at its disposal or other developments, the Commission will regularly report on the progress made in the implementation of this Recommendation and update where necessary the recommendations set out therein.

               (39)

               The responsibility for deciding on the resumption of transfers in individual cases lies exclusively with Member States' authorities under the control of the courts, which may make preliminary references to the European Court of Justice on the interpretation of the Dublin Regulation.

         HAS ADOPTED THIS RECOMMENDATION:
   I.   MEASURES TO STRENGTHEN THE GREEK ASYLUM SYSTEM

      Reception conditions and facilities

               (1)

               Greece should continue its efforts to ensure that the reception facilities are sufficient for accommodating all the applicants for international protection on its territory and that the reception conditions in all these reception facilities meet the standards set out in EU legislation. As a high priority Greece should:

                           (a)

                           ensure that it has in place a sufficient number of open reception facilities that are capable of accommodating all applicants for international protection it receives or is likely to receive, and their dependants, for the duration of the asylum process;

                           (b)

                           ensure that all these facilities meet at least the minimum standards fixed in Reception Conditions Directive 2013/33/EU, including for vulnerable applicants and including during the winter period;

                           (c)

                           decide without delay on which mainland facilities should be upgraded and which should be closed;

                           (d)

                           decide without delay on how the reception capacity on the islands should be increased;

                           (e)

                           create the necessary additional accommodation places for unaccompanied minors, in order to ensure that all unaccompanied asylum seeking minors are immediately placed in suitable accommodation and are not kept in sub-standard conditions or in detention, and ensure that those facilities are sustained;

                           (f)

                           ensure that applicants receive the necessary health care, which include at least emergency health care and essential treatment of illnesses and of serious mental disorders;

                           (g)

                           ensure effective and continuous centralized management and coordination of all reception facilities, together with a system for constantly monitoring the material standards for those facilities and the services provided there, including the hotspots, and ensure that the responsible authorities have adequate resources for this purpose.

                     Greece should also ensure that, in addition to the permanent facilities, an appropriate number of temporary open reception facilities is kept available, or can be made available at short notice, to allow for the accommodation of unexpected inflows of applicants for international protection and their dependants in adequate conditions.
               The Greek authorities should carry out a comprehensive needs assessment in terms of total reception capacity required, and the nature of that capacity, and continuously update this assessment in the light of new developments.

      Access to and resources for the first instance asylum procedure

               (2)

               Greece should continue its efforts to ensure that all applicants for international protection have effective access to the asylum procedure in particular by:

                           (a)

                           assessing whether the number of staff in the Asylum Service is adequate to process the intake of asylum applications within the deadlines specified in the Asylum Procedures Directive 2013/32/EU;

                           (b)

                           based on this assessment, ensuring the recruitment of any additional staff needed to the Asylum service in order to be able to, as soon as possible, deal efficiently and in a timely manner with all applications for international protection, and/or identifying additional staff, including both case workers and interpreters, that could be deployed by the Member States via EASO support teams;

                           (c)

                           establishing additional Regional Asylum Offices or Units in accordance with the overall needs throughout the territory of Greece;

                           (d)

                           speeding up the interviews and procedures while maintaining the requisite standards, with the support of EASO where appropriate, including by introducing interview and support tools;

                           (e)

                           reducing the period of time between the expression of interest to apply for asylum and the actual lodging of the asylum application, in accordance with Article 6(2) of Asylum Procedures Directive 2013/32/EU.

                     The needs assessment referred to in point (a) should be continuously updated and contain information on the number of staff recruited.

      Appeals Authority

               (3)

               Greece should continue its efforts to ensure that an effective remedy is available to all applicants for international protection, in particular by ensuring:

                           (a)

                           the full functioning of the new Appeals Authority by establishing the planned 20 of Appeals Committees by the end of February 2017, and by supplementing this number as needed, on the basis of the needs assessment mentioned below;

                           (b)

                           the adequate human resources for the Appeals Authority and the Committees, including support staff, in order to deal with all pending and likely future appeals, including the appeals within the framework of the EU-Turkey Statement;

                           (c)

                           the clearance of all pending requests for judicial review of administrative decisions that are currently outstanding as soon as possible;

                           (d)

                           the increase in the number of decisions per committee, including, where appropriate, through scheduling more frequent meetings, the use of legal assistance in drafting decisions, specialisation of the committees and through the full time engagement of committee members, without prejudice to their independence;

                           (e)

                           sufficient training for the Appeal Committee members, including with the support of EASO where appropriate.

                     The Greek authorities should identify, on the basis of a full and continuous needs assessment, the number of Appeals Committees under the new Appeals Authority that are needed in order to examine all appeals submitted by applicants for international protection, the number of human resources to continue the smooth-functioning of those Committees and any other measures, such as changes to the working methods, that might be required. This should in particular include an assessment of whether the 20 Appeals committees to be established by the end of February 2017 are sufficient.

      Legal aid

               (4)

               Greece should ensure that the legal framework concerning access to free legal aid is effective in practice and that all asylum applicants are provided with the necessary legal assistance for judicial review of administrative decisions on applications for international protection. In particular, Greece should:

                           (a)

                           effectively implement the Ministerial Decision for the provision of free legal aid services as soon as possible;

                           (b)

                           swiftly establish a contract for a permanent register of lawyers who can provide these services to all applicants at the appeal stage in Greece. In the meantime, Greece should ensure that the two projects being implemented on the mainland and the islands provide effective free legal assistance for all asylum appellants.

      Treatment of unaccompanied minors and vulnerable persons during the asylum procedure

               (5)

               Greece should ensure the establishment of appropriate structures, and take the appropriate measures, for the identification and treatment of vulnerable applicants, including unaccompanied minors. In particular Greece should:

                           (a)

                           urgently put in place a suitable guardianship procedure by adopting the necessary legislative framework for implementing the relevant provisions under Law 4375/2016;

                           (b)

                           establish and recruit the necessary staff for the Directorate for Reception and the Department for the protection of unaccompanied minors in order to urgently provide the necessary guarantees under asylum law for family tracing, and legal representation;

                           (c)

                           ensure that the procedures for identifying applicants with special procedural and reception needs, including unaccompanied minors, are implemented in practice so that these applicants are provided with the necessary psychosocial support, particularly where they may have been victims of sexual violence and exploitation or trafficking, and that the best interests of the child are always duly taken into account.

      Use of EU funding under national programmes

               (6)

               Greece should ensure that the substantial EU funding being provided is fully used, notably by mobilising without further delay the resources available under its AMIF and ISF national programmes and exploring complementary funding from Structural Funds. In this context, Greece should take the necessary measures to fully mobilise the funding available under the national programmes in order to cater for urgent needs especially in the field of reception and other services for the migrants present in Greece, notably by improving coordination among the relevant stakeholders, strengthening operational capacity and improving delivery mechanism.

      Technical assistance by other Member States

               (7)

               Member States are requested to provide additional support to Greece by nominating experts to respond to EASO's various calls, by ensuring longer deployments and by identifying more senior and specialised profiles.

         II.   MODALITIES OF RESUMPTION OF TRANSFERS

               (8)

               It is recommended that the transfer of asylum applicants to Greece under Regulation (EU) No 604/2013 should be resumed under the conditions and following the modalities set out in points 9 and 10.

      Scope

               (9)

               The resumption of transfers should apply to asylum applicants who have entered Greece irregularly at external borders from 15 March 2017 onwards or to other persons for whom Greece is responsible under criteria other than Article 13 in Chapter III of Regulation (EU) No 604/2013 from that date gradually, following the capacities of reception and treatment of applicants in Greece conformity with Directives 2013/32/EU and 2013/33/EU. Vulnerable asylum applicants, including unaccompanied minors, should not be transferred to Greece for the time being.

      Cooperation and individual assurances

               (10)

               Before transferring an applicant to Greece, Member State authorities are invited to cooperate closely with the Greek authorities in order to ensure that the conditions indicated in point 9 are met and in particular that the applicant will be received in a reception facility meeting the standards set out in EU law, in particular in the Reception Conditions Directive 2013/33/EU, that his or her application will be examined within the deadlines specified in the Asylum Procedures Directive 2013/32/EU, and that he or she will be treated in line with EU legislation in every other relevant respect. The Greek authorities are invited to fully cooperate in providing such assurances to the other Member States.

         III.   SUPPORT AND REPORTING

      EASO support and reporting

               (11)

               EASO should establish a team of Member States' experts to be deployed in Greece with the task of supporting the cooperation between Member States and reporting on whether the persons transferred back to Greece under the Dublin Regulation are treated in accordance with the assurances to be provided by Greece referred to in point 10.

      Reporting by Greece

               (12)

               Greece is requested to provide, by 15 February 2017, a report covering the progress made in implementing this Recommendation. The report should in particular include a description of the actions taken to implement the outstanding shortcomings identified in this Recommendation, including how the Greek authorities have, or plan to, put in place the necessary human and material resources referred to in points 1 to 5 of this Recommendation and a description of the continuous needs assessments referred to in points 1 to 3 of this Recommendation. It should further describe in detail how the Greek authorities intend to implement the procedure for providing assurances in individual cases referred to in point 10.

               (13)

               The report should also include the following information:

                           (a)

                           the total current and planned permanent and temporary reception capacity for hosting applicants for international protection and the nature of that capacity;

                           (b)

                           the total number of asylum applications pending at first instance;

                           (c)

                           comprehensive data on all pending appeals, and issued decisions at second instance, including admissibility cases, by both the New Appeals Committees and the Backlog Appeal Committees;

                           (d)

                           the total number of current and planned staff for processing asylum applications registered with the Asylum Service and for the Directorate for Reception; and the total current and planned number of staff and the number of Committees which the Appeals Authority has progressively made operational.

               (14)

               After 15 February 2017, Greece is requested to report every two months on the implementation of this Recommendation.

      Done at Brussels, 8 December 2016.

            For the Commission

         Dimitris AVRAMOPOULOS

            Member of the Commission

      (1)  Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).

      (2)  M.S.S v Belgium and Greece (No 30696/09) and NS v Secretary of State for the Home Department C-411/10 & C-493/10.

      (3)  Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ L 50, 25.2.2003, p. 1), which has been replaced by Regulation (EU) No 604/2013.

      (4)  Frontex data of 4 December 2016.

      (5)  EU-Turkey Statement, 18 March 2016.

      (6)  See the Commission reports on the progress made in the implementation of the EU-Turkey Statement, http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/european-agenda-migration/proposal-implementation-package/index_en.htm

      (7)  The average daily arrivals to Greece 1 May-31 July 2016 was 52, and the average daily arrivals to Greece 1 August-29 November 2016 was 94.

      (8)  http://www.media.gov.gr/index.php, accessed on 6 December 2016.

      (9)  Council Decision (EU) 2015/1523 of 14 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece (OJ L 239, 15.9.2015, p. 146), and Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece (OJ L 248, 24.9.2015, p. 80).

      (10)  Communication from the Commission to the European Parliament, the European Council and the Council, Eighth Report on Relocation and Resettlement, 7 December 2016, COM(2016) 791 final.

      (11)  Commission Recommendation of 10 February 2016 addressed to the Hellenic Republic on the urgent measures to be taken by Greece in view of the resumption of transfers under Regulation (EU) No 604/2013 — C(2016) 871 final, Commission Recommendation of 15 June 2016 addressed to the Hellenic Republic on the specific urgent measures to be taken by Greece in view of the resumption of transfers under Regulation (EU) No 604/2013 — C(2016) 3805 final.

      (12)  Commission Recommendation of 28 September 2016 addressed to the Hellenic Republic on the specific urgent measures to be taken by Greece in view of the resumption of transfers under Regulation (EU) No 604/2013 — C(2016) 6311 final.

      (13)  By the end of 2016, most of the ‘pre-registered’ applications should be fully registered/lodged, The aim of the ‘pre-registeration’ exercise, which was completed in August 2016, was to pre-register all those irregular third-country nationals having arrived in Greece before 20 March 2016 who wanted to apply for international protection but who had not yet been channelled into the asylum procedure by the Greek authorities. Around 28 000 persons were pre-registered over the summer.

      (14)  Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).

      (15)  Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (OJ L 180, 29.6.2013, p. 96).

      (16)  ‘Law 4375/2016 on the Structure and Operation of the Asylum Service, The Appeals' Authority and the Reception and Identification Service, the establishment of a General Secretariat for Reception, the transposition into Greek legislation of Directive 2013/32/EU of the European Parliament and the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast) and other provisions’, available at: http://www.hellenicparliament.gr/UserFiles/bcc26661-143b-4f2d-8916-0e0e66ba4c50/o-prosf-pap.pdf
   Implementing acts in the form of Ministerial or Co-Ministerial Decisions need to be adopted in order for the Greek authorities to be able to implement the Law in its entirety.

      (17)  Law 4399/2016: http://www.asylumineurope.org/sites/default/files/resources/n_4399.2016.pdf

      (18)  Law 4415/2016: https://www.alfavita.gr/sites/default/files/attachments/fek_ellinoglosi.pdf

      (19)  http://www.media.gov.gr/images/prosfygiko/REFUGEE_FLOWS-01-12-2016.pdf
   These temporary emergency and permanent facilities are established on the Aegean islands in the hotspots as well as on the mainland.

      (20)  The Greek Minister Mouzalas has stated that there are in reality less migrants on the Islands (around 10-12 000).

      (21)  http://reliefweb.int/report/greece/situation-update-unaccompanied-children-uac-greece-2-november-2016

      (22)  http://data.unhcr.org/mediterranean/country.php?id=83

      (23)  Article 1(3) of Law 4375/2016.

      (24)  Staffing information given by the Greek Asylum Service in a meeting with the Commission services on 10 November 2016.

      (25)  However, because of the increase of workload due to the implementation of the EU-Turkey Statement, this alternate Committee is given 100 cases per month to examine.

      (26)  Co-ministerial Decision (OJ B 1862), 24 June 2016.

      (27)  Article 22(3), Law 4375/2016.

      (28)  Article 28, Presidential Decree 114/2010.

      (29)  Information given to the Commission services in a meeting with the Appeals Authority in November 2016.

      (30)  The grant agreement was signed on 15 July 2016.

      (31)  Ministerial Decision 1982/16/EC.2.2016 (Official Gazette, B' 335).

      (32)  Human Rights Watch, ‘Why Are You Keeping Me Here?’, September 2016 https://www.hrw.org/sites/default/files/report_pdf/greece0916_web.pdf

      (33)  Communication from the Commission to The European Parliament, The European Council and The Council, ‘Back to Schengen — A Roadmap’, COM(2016) 120 final, 4 March 2016.

      (34)  COM(2016) 270 final.


Avis juridique important

|

31992K3772

Commission Recommendation No 3772/92/ECSC of 22 December 1992 on automatic prior Community surveillance of imports of certain iron and steel products covered by the ECSC Treaty originating in non-member countries

Official Journal L 383 , 29/12/1992 P. 0039 - 0046

COMMISSION RECOMMENDATION No 3772/92/ECSCof 22 December  1992 on automatic prior Community surveillance of imports of certain iron and steel products  covered by the ECSC Treaty originating in non-member countries THE COMMISSION OF  THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular  Article 74 thereof, Whereas by Recommendation No 3909/91/ECSC  (1), the Commission made imports into the Community of  certain iron and steel products covered by the Treaty establishing the European Coal and Steel  Community subject to Community surveillance; Whereas the completion of the internal market requires that the formalities to be accomplished by  Community importers be the same wherever the goods may be cleared; Whereas the import documents issued for the purposes of Community surveillance must be valid  throughout the Community, regardless of the Member State of issue; Whereas, the issue of import documents, while subject to standard conditions at Community level, is  to be the responsibility of the national authorities, MAKES THE FOLLOWING RECOMMENDATION: Article 1 1.  The release for free  circulation in the Community of iron and steel products covered by the ECSC Treaty listed in Annex  I, originating in non-member countries other than the countries of the European Free Trade  Association (EFTA), shall be subject to the issue of an import document. 2.  The import document shall be issued or endorsed by the competent authority in the Member  States, free of charge and for any quantities requested, upon receipt of the application and in any  case within not more than ten working days of the submission by a Community importer, of the  completed application regardless of the importer's place of establishment in the Community. 3.  Paragraph 2 shall apply without prejudice to the applicability of Community quantitative  limits. 4.  The import document shall be valid throughout the Community, regardless of the Member State of  issue. 5.  The importer's application and the import document shall be made out on a form conforming to  the specimen in the Annex to this Recommendation. 6.  The period of validity of the import document is hereby fixed at three months, without  prejudice to possible changes in the import arrangements in force. 7.  Unused or partly used import documents may be renewed. Article 2 1.  The importer's  application must state: (a)  the third-country consignor's name and address; (b)  the full name and address of the importer (consignee); (c)  the exact description of the goods and the EEC nomenclature code(s); (d)  the country of origin; (e)  the country of consignment; (f)  the net weight, by EEC nomenclature heading; (g)  the cif value in ecus at Community frontier by EEC nomenclature heading; (h)  whether the products concerned are seconds or of substandard quality  (2); (i)  the proposed date(s) and place(s) of customs clearance. Where customs clearance is to take  place in a State other than that which issued the licence, the licensing authority shall  immediately notify the competent authority in the country of customs clearance. 2.  The importer shall certify that his application for an import document is accurate and shall  submit a copy either of the purchase contract(s) or of the vendor's order confirmation(s);  confirmations shall be accompanied by the pro forma invoice. 3.  The importer shall state whether his application is a repeat of a previous application  concerning the same delivery. 4.  Without prejudice to Article 1 (3), paragraph 1 shall not prevent release for free circulation  in cases where the unit price for the transaction exceeds that indicated in the import document.  However, paragraph 1 shall prevent release for free circulation where the quantity of products  presented on import exceeds that stipulated in the import document by more than 5  % on aggregate.  Article 3 1.  Within the first ten days of each month, the Member States shall notify the  Commission of the tonnage and values (calculated on the basis of the cif prices) for which import  documents were issued during the preceding month, giving the particulars entered in the importers'  applications under Article 2 (1) (b) to (h). 2.  The Member States shall give notification of any anomalies or cases of fraud which they  discover. Article 4 This recommendation shall be applicable from 1 January 1993. It shall apply  until 31 December 1993. Done at Brussels, 22 December 1992. For the Commission  Frans ANDRIESSEN Vice-President   ANEXO I - BILAG I - ANHANG I - ÐÁÑÁÑÔÇÌÁ É - ANNEX I - ANNEXE I - ALLEGATO I - BIJLAGE I -  ANEXO I >TABLE>7201  40  00 7202  11  20 7202  11  80 7202  99  11 7203  90  00  7204  50  10 7204  50  90 7206  10  00 7206  90  00 7207  11  11 7207  11  19 7207  12  10  7207  19  11 7207  19  15 7207  19  31 7207  20  11 7207  20  15 7207  20  17 7207  20  32  7207  20  51 7207  20  55 7207  20  57 7207  20  71 7208  11  00 7208  12  10 7208  12  91  7208  12  95 7208  12  98 7208  13  10 7208  13  91 7208  13  95 7208  13  98 7208  14  10  7208  14  91 7208  14  99 7208  21  10 7208  21  90 7208  22  10 7208  22  91 7208  22  95  7208  22  98 7208  23  10 7208  23  91 7208  23  95 7208  23  98 7208  24  10 7208  24  91  7208  24  99 7208  31  00 7208  32  10 7208  32  30 7208  32  51 >TABLE>7208  35  10  7208  35  90 7208  41  00 7208  42  10 7208  42  30 7208  42  51 7208  42  59 7208  42  91  7208  42  99 7208  43  10 7208  43  91 7208  43  99 7208  44  10 7208  44  90 7208  45  10  7208  45  90 7208  90  10 7209  11  00 7209  12  10 7209  12  90 7209  13  10 7209  13  90  7209  14  10 7209  14  90 7209  21  00 7209  22  10 7209  22  90 7209  23  10 7209  23  90  7209  24  10 7209  24  91 7209  24  99 7209  31  00 7209  32  10 7209  32  90 7209  33  10  7209  33  90 7209  34  10 7209  34  90 7209  41  00 7209  42  10 7209  42  90 7209  43  10  7209  43  90 7209  44  10 7209  44  90 7209  90  10 7210  11  10 7210  12  11 7210  12  19  7210  20  10 7210  31  10 7210  39  10 7210  41  10 7210  49  10 >TABLE>7211  11   00 7211  12  10 7211  12  90 7211  19  10 7211  19  91 7211  19  99 7211  21  00 7211  22   10 7211  22  90 7211  29  10 7211  29  91 7211  29  99 7211  30  10 7211  41  10 7211  41   91 7211  49  10 7211  90  11 7212  10  10 7212  10  91 7212  21  11 7212  29  11 7212  30   11 7212  40  10 7212  40  91 7212  50  31 7212  50  51 7212  60  11 7212  60  91 7213  10   00 7213  20  00 7213  31  00 7213  39  00 7213  41  00 7213  49  00 7213  50  10 7213  50   90 7214  20  00 7214  30  00 7214  40  10 7214  40  91 7214  40  99 7214  50  10 7214  50   91 7214  50  99 7214  60  00 7215  90  10 7216  10  00 7216  21  00 7216  22  00 7216  31   11 >TABLE>7216  40  90 7216  50  10 7216  50  90 7216  90  10 7218  10  00 7218  90   11 7218  90  13 7218  90  15 7218  90  19 7218  90  50 7219  11  10 7219  11  90 7219  12   10 7219  12  90 7219  13  10 7219  13  90 7219  14  10 7219  14  90 7219  21  11 7219  21   19 7219  21  90 7219  22  10 7219  22  90 7219  23  10 7219  23  90 7219  24  10 7219  24   90 7219  31  10 7219  31  90 7219  32  10 7219  32  90 7219  33  10 7219  33  90 7219  34   10 7219  34  90 7219  35  10 7219  35  90 7219  90  11 7219  90  19 7220  11  00 7220  12   00 7220  20  10 7220  90  11 7220  90  31 7221  00  10 7221  00  90 7222  10  11 7222  10   19 7222  10  51 7222  10  59 >TABLE>7224  90  31 7224  90  39 7225  10  10 7225  10   91 7225  10  99 7225  20  20 7225  30  00 7225  40  10 7225  40  30 7225  40  50 7225  40   70 7225  40  90 7225  50  10 7225  50  90 7225  90  10 7226  10  10 7226  10  30 7226  20   20 7226  91  10 7226  91  90 7226  92  10 7226  99  20 7227  10  00 7227  20  00 7227  90   10 7227  90  30 7227  90  50 7227  90  70 7228  10  10 7228  10  30 7228  20  11 7228  20   19 7228  20  30 7228  30  20 7228  30  40 7228  30  61 7228  30  69 7228  30  70 7228  30   89 7228  60  10 7228  70  10 7228  70  31 7228  80  10 7228  80  90 7301  10  00    > REFERENCE TO A FILM>  >REFERENCE TO A FILM>


title: Council Recommendation of 9 July 2013 on the National Reform Programme 2013 of the Netherlands and delivering a Council opinion on the Stability Programme of the Netherlands, 2012-2017

text:
               30.7.2013

               EN

               Official Journal of the European Union

               C 217/89

      COUNCIL RECOMMENDATION

   of 9 July 2013
   on the National Reform Programme 2013 of the Netherlands and delivering a Council opinion on the Stability Programme of the Netherlands, 2012-2017
   2013/C 217/22
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular Article 5(2) thereof,
   Having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (2), and in particular Article 6(1) thereof,
   Having regard to the recommendation of the European Commission,
   Having regard to the conclusions of the European Council,
   Having regard to the opinion of the Employment Committee,
   Having regard to the opinion of the Economic and Financial Committee,
   Having regard to the opinion of the Social Protection Committee,
   Having regard to the opinion of the Economic Policy Committee,
   Whereas:

               (1)

               On 26 March 2010, the European Council agreed to the Commission’s proposal to launch a new strategy for jobs and growth, Europe 2020, based on enhanced coordination of economic policies, which focuses on the key areas where action is needed to boost Europe’s potential for sustainable growth and competitiveness.

               (2)

               On 13 July 2010, the Council adopted a recommendation on the broad guidelines for the economic policies of the Member States and the Union (2010 to 2014) and, on 21 October 2010, it adopted a decision on guidelines for the employment policies of the Member States (3), which together form the ‘integrated guidelines’. Member States were invited to take the integrated guidelines into account in their national economic and employment policies.

               (3)

               On 29 June 2012, Member States’ Heads of State or Government decided on a Compact for Growth and Jobs, providing a coherent framework for action at national, EU and euro area levels using all possible levers, instruments and policies. They decided on action to be taken at the level of the Member States, in particular expressing full commitment to achieving the objectives of the Europe 2020 strategy and to implementing the country-specific recommendations.

               (4)

               On 10 July 2012, the Council adopted a Recommendation (4) on the Netherlands’ National Reform Programme for 2012 and delivered its opinion on the Netherlands’ Stability Programme for 2012-2015.

               (5)

               On 28 November 2012, the Commission adopted the Annual Growth Survey, marking the start of the 2013 European Semester for economic policy coordination. Also on 28 November 2012, the Commission, on the basis of Regulation (EU) No 1176/2011, adopted the Alert Mechanism Report, in which it identified the Netherlands as one of the Member States for which an in-depth review would be carried out.

               (6)

               The European Parliament has been duly involved in the European Semester, in accordance with Regulation (EC) No 1466/97, and, on 7 February 2013, adopted a resolution on employment and social aspects in the Annual Growth Survey 2013 and a resolution on the contribution to the Annual Growth Survey 2013.

               (7)

               On 14 March 2013, the European Council endorsed the priorities for ensuring financial stability, fiscal consolidation and action to foster growth. It underscored the need to pursue differentiated, growth-friendly fiscal consolidation, to restore normal lending conditions to the economy, to promote growth and competitiveness, to tackle unemployment and the social consequences of the crisis, and to modernise public administration.

               (8)

               On 10 April 2013, the Commission published the results of its in-depth review for the Netherlands, under Article 5 of Regulation (EU) No 1176/2011. The Commission’s analysis leads it to conclude that the Netherlands is experiencing macroeconomic imbalances, although these are not excessive.

               (9)

               On 29 April 2013, the Netherlands submitted its 2013 National Reform Programme and its Stability Programme for the period 2012-2017. In order to take account of their interlinkages, the two Programmes have been assessed at the same time.

               (10)

               Based on the assessment of the Stability Programme pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that the Netherlands implemented sizeable consolidation measures over 2011-2013, but that the fiscal effort is likely not to be sufficient to correct the excessive deficit by 2013, mainly in light of worse than expected economic developments. The macroeconomic scenario underpinning the budgetary projections in the Stability Programme is broadly plausible. For 2013 and 2014, the Stability Programme projects real economic growth of – 0,4 % and 1,1 %, respectively, which is fairly close to the Commission services 2013 spring forecast of – 0,8 % and 0,9 %. The stated objective of the Stability Programme is to reduce the headline deficit to below 3 % of GDP from 2014 in a sustainable manner. The Stability Programme does not contain an explicit reference to the medium-term objective (MTO), suggesting that the MTO of – 0,5 %, as communicated in last year’s Stability Programme, is confirmed. The MTO is in line with the requirements of the Stability and Growth Pact. In addition, while in 2015 the Stability Programme plans a reduction in the structural balance of 0,5 % of GDP in structural terms, in line with the minimum annual structural requirement, in 2016 the structural balance is expected to deteriorate by 0,4 % of GDP and to improve by 0,1 % of GDP in 2017, thereby falling short from the appropriate adjustment path. Based on the Commission services 2013 spring forecast, the average annual fiscal effort of around 0,7 % of GDP over the period 2010-2013 is in line with the fiscal effort of ¾ % of GDP recommended by the Council. The budgetary adjustment in 2011 and 2012 was predominantly geared to the expenditure side, yet in 2013 relied largely on revenue measures. The planned headline deficit set by the Stability Programme is consistent with a correction of the excessive deficit by 2014, one year after the deadline set by the Council under the excessive deficit procedure (EDP) on 2 December 2009. The Council considers that the fiscal effort envisaged by the authorities is not compatible with an actual correction of the excessive deficit by 2014. Possible additional consolidation measures specified in the Stability Programme have been temporarily withdrawn and at any rate would not be sufficient. The Netherlands needs to define additional measures to bring the headline general government deficit below the 3 % of GDP threshold in 2014 in a sustainable manner. According to the Stability Programme, the debt-to-GDP ratio is expected to rise further to 74 % of GDP in 2013 and to increase slightly further to 75 % of GDP in 2014. The debt ratio is thus projected to remain well above the 60 % reference value. For 2015, the Stability Programme expects the debt ratio to decline to 71,4 % of GDP and to decline slightly thereafter, reaching 70,8 % in 2017. This decline in the debt ratio after 2014, however, is insufficiently underpinned by policy measures.

               (11)

               In order to enhance the future growth potential of the Netherlands, it is of paramount importance that the required consolidation, to ensure a sustainable correction of the excessive deficit and achieving the MTO in the short to medium-term, safeguards growth-enhancing expenditure. In particular, efforts to promote innovation and research, including fundamental research, education and training, will be key to a balanced adjustment. This would not only help to support the economic recovery, but could also help buttress innovation and human capital, improve competitiveness and the medium and long-term growth prospects.

               (12)

               A key challenge lies in the housing market, where rigidities and distortive incentives have built up over decades to shape house financing and sectoral savings patterns. The tendency of households to leverage up gross mortgage debt against housing wealth to a large extent reflects long-standing fiscal incentives, in particular full mortgage interest tax deductibility. Since April 2012, a series of measures have been partly implemented. Some of these concern adjusting the fiscal treatment of housing finance. The gradual move to limit mortgage interest tax deductibility and increase the incentive to amortise is justified, but the phasing-in of this measure is too slow to significantly influence amortising behaviour. The rental market is restrained by regulation and the presence of a very large social housing sector that also has to cope with long waiting lists. The recent introduction of some differentiation of rents in the social housing sector based on income is a step in the right direction, but its impact is limited. Therefore, while the measures proposed are steps in the right direction, the overall pace of reforms is slow in addressing underlying problems and thus needs to be stepped up, while taking into account the impact in the current economic environment and at the same time continuing to ensure that social housing is available to disadvantaged citizens, who are unable to obtain housing at market conditions, including in high demand locations.

               (13)

               The long-term sustainability of the pension system has been strengthened through the gradual increase in the statutory retirement age from 65 years in 2012 to 67 in 2021. Hence, the Netherlands has fully addressed that part of the 2012 recommendation on increasing the statutory retirement age and linking it to life expectancy, for both the first and the second pension pillar. Remaining challenges include an appropriate intra- and inter-generational division of costs and risks. Moreover, an overhaul of the governance of the second-pillar pension funds is overdue in order to help underpin resilience to ageing. Implementation of the plans to reform long-term care would help curb the fast-rising costs of ageing and would thus support the sustainability of public finances. In this regard, the quality and accessibility of long-term care has to be maintained at an adequate level.

               (14)

               The labour market reforms proposed by the Government aim to increase labour market participation and mobility. The reform of the Participation Act is ambitious and relevant to boost labour-market participation. However, the reforms are not yet enshrined in law. In addition, further measures are needed to improve the employability of people at the margin of the labour market, including women, people with a migrant background, people with a disability and the elderly. The Netherlands has announced reforms to the unemployment benefit scheme and its relatively strict employment protection legislation. Those reforms, in combination with a mobility tax credit (‘mobiliteitsbonus’) for employers to hire social security beneficiaries aged 50 or above or people with a labour disability, are well targeted at the lower participation end of the labour market. However, while those measures point in the right direction, they can only be fully assessed once adopted. Finally, accelerating the removal of remaining disincentives for second-income earners to increase the number of hours worked would have the potential of further alleviating future labour supply shortages.

               (15)

               Substantial progress has been made on the 2012 recommendation on innovation and science-business links. The enterprise policy ‘To the Top’, including its sectoral approach for public-private partnerships in the area of research, innovation and education (‘top sector’) is now in the implementation phase. Apart from sectoral innovation policies, it is important to pursue horizontal research and innovation policies and to preserve an adequate level of public funding for not-earmarked fundamental research.

               (16)

               In the context of the European Semester, the Commission has carried out a comprehensive analysis of the Netherlands’ economic policy. It has assessed the National Reform Programme and the Stability Programme, and has presented an in-depth review. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in the Netherlands but also their compliance with EU rules and guidance, given the need to reinforce the overall economic governance of the Union by providing EU-level input into future national decisions. Its recommendations under the European Semester are reflected in recommendations (1) to (4) below.

               (17)

               In the light of this assessment, the Council has examined the Stability Programme, and its opinion (5) is reflected in particular in recommendation (1) below.

               (18)

               In the light of the Commission’s in-depth review and this assessment, the Council has examined the National Reform Programme and the Stability Programme. Its recommendations under Article 6 of Regulation (EU) No 1176/2011 are reflected in recommendation (2) below.

               (19)

               In the context of the European Semester the Commission has also carried out an analysis of the economic policy of the euro area as a whole. On this basis the Council has issued specific recommendations addressed to the Member States whose currency is the euro (6). As a country whose currency is the euro, the Netherlands should also ensure the full and timely implementation of those recommendations,

         HEREBY RECOMMENDS that the Netherlands take action within the period 2013-2014 to:

               1.

               Reinforce and implement the budgetary strategy, supported by sufficiently specified measures, for the year 2014 and beyond to ensure a timely correction of the excessive deficit by 2014 in a sustainable manner and achieve the structural adjustment effort specified in the Council recommendations under the EDP. Protect expenditure in areas directly relevant for growth such as education, innovation and research. After the correction of the excessive deficit, pursue the structural adjustment effort that will enable the Netherlands to reach the MTO by 2015.

               2.

               Step up efforts to gradually reform the housing market by accelerating the planned reduction in mortgage interest tax deductibility, while taking into account the impact in the current economic environment, and by providing for a more market-oriented pricing mechanism in the rental market, and by further relating rents to household income in the social housing sector. Refocus social housing corporations to support households most in need.

               3.

               Adjust the second pension pillar, in consultation with social partners, to ensure an appropriate intra- and inter-generational division of costs and risks. Underpin the gradual increase of the statutory retirement age with measures to increase the employability of older workers. Implement the planned reform of the long-term care system to ensure its cost-effectiveness and complement it with further measures to contain the increase in costs, with a view to ensure sustainability.

               4.

               Take further measures to enhance participation in the labour market, particularly of people at the margin of the labour market. Continue to reduce tax disincentives on labour, including by the phasing-out of transferable tax credits for second-income earners. Foster labour-market transitions and address labour-market rigidities, including by reforming employment protection legislation and the unemployment benefit system.

      Done at Brussels, 9 July 2013.

            For the Council

            The President

         R. ŠADŽIUS

      (1)  OJ L 209, 2.8.1997, p. 1.

      (2)  OJ L 306, 23.11.2011, p. 25.

      (3)  Maintained for 2013 by Council Decision 2013/208/EU of 22 April 2013 on guidelines for the employment policies of the Member States (OJ L 118, 30.4.2013, p. 21).

      (4)  OJ C 219, 24.7.2012, p. 88.

      (5)  Under Article 5(2) of Regulation (EC) No 1466/97.

      (6)  See page 97 of the current Official Journal.