5.7.2014 EN Official Journal of the European Union L 198/7 DECISION OF THE EUROPEAN CENTRAL BANK of 31 January 2014 on the close cooperation with the national competent authorities of participating Member States whose currency is not the euro (ECB/2014/5) (2014/434/EU) THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK, Having regard to Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (1), and in particular Article 7 thereof, Whereas: (1) Member States whose currency is not the euro may wish to participate in the Single Supervisory Mechanism (SSM). For this purpose, they may request the European Central Bank (ECB) to enter into a close cooperation in relation to the tasks referred to in Articles 4 and 5 of Regulation (EU) No 1024/2013 with regard to all credit institutions established in that Member State. (2) The close cooperation will be established by a decision of the ECB, provided that the conditions laid down in Article 7 of Regulation (EU) No 1024/2013 are met. (3) It is necessary to specify the procedural aspects relating to (a) requests by Member States whose currency is not the euro (hereinafter ‘non-euro area Member States’) to enter into a close cooperation, (b) the assessment of these requests by the ECB, and (c) the ECB decision establishing close cooperation with the specific Member State. (4) Regulation (EU) No 1024/2013 also sets out the cases in which a close cooperation may be suspended or terminated by the ECB. It is necessary to specify the procedural aspects relating to potential suspension and termination of a close cooperation, HAS ADOPTED THIS DECISION: TITLE 1 PROCEDURE FOR THE ESTABLISHMENT OF A CLOSE COOPERATION Article 1 Definitions For the purposes of this Decision: 1. ‘less significant supervised entity’ means a supervised entity (a) established in a non-euro area Member State which is a participating Member State in accordance with Article 2(1) of Regulation (EU) No 1024/2013, and (b) which does not have the status of a significant supervised entity pursuant to a decision of the ECB based on Article 6(4) or Article 6(5)(b) of Regulation (EU) No 1024/2013; 2. ‘national competent authority’ means any national competent authority as defined in Article 2(2) of Regulation (EU) No 1024/2013; 3. ‘national designated authority’ means a national designated authority as defined in Article 2(7) of Regulation (EU) No 1024/013; 4. ‘non-participating Member State’ means any Member State which is not a participating Member State as defined in Article 2(1) of Regulation (EU) No 1024/2013; 5. ‘requesting Member State’ means a non-participating Member State that has notified the ECB in accordance with Article 2 of this Decision of its request to enter into a close cooperation pursuant to Article 7 of Regulation (EU) No 1024/2013; 6. ‘significant supervised entity’ means a supervised entity (a) established in a non-euro area Member State which is a participating Member State, and (b) which has the status of a significant supervised entity pursuant to a decision of the ECB based on Article 6(4) or Article 6(5)(b) of Regulation (EU) No 1024/2013; 7. ‘supervised entity’ means a credit institution, financial holding company, or mixed-financial holding company as defined in Regulation (EU) No 1024/2013 and established in the requesting Member State, as well as a branch established in a requesting Member State by a credit institution which is established in a non-participating Member State. Article 2 Request to enter into a close cooperation 1. A non-participating Member State wishing to participate in the SSM shall request the ECB to enter into a close cooperation, using the template provided in Annex I. 2. Such request shall be made at least five months before the date from which the non-participating Member State intends to participate in the SSM. Article 3 Content of the request to enter into a close cooperation 1. The request to enter into a close cooperation shall include all of the following: (a) an undertaking of the requesting Member State to ensure that its national competent authority and its national designated authority will adhere to any instructions, guidelines or requests issued by the ECB from the date of the establishment of the close cooperation; (b) an undertaking of the requesting Member State to provide all information on the supervised entities established in such Member State that the ECB may require for the purpose of carrying out a comprehensive assessment of those supervised entities. The requesting Member State shall ensure that the information necessary to assess the significance and to carry out a comprehensive assessment pursuant to Article 7(2)(b) of Regulation (EU) No 1024/2013 of the credit institutions established in such Member State can be provided to the ECB as soon as the request to enter into a close cooperation is notified to the ECB; (c) a commitment that all confidential data requested by the ECB for the finalisation of its preparatory activities will be provided to the ECB. 2. The request to enter into a close cooperation shall be accompanied by all of the following: (a) an undertaking of the requesting Member State that it will adopt the relevant national legislation to ensure that legal acts adopted by the ECB pursuant to Regulation (EU) No 1024/2013 are binding and enforceable in the requesting Member State and that its national competent authority and its national designated authority are obliged to adopt any measure requested by the ECB in relation to the supervised entities, in accordance with Article 7(4) of Regulation (EU) No 1024/2013; (b) a copy of the draft relevant national legislation as well as an English translation thereof, and a request for an ECB opinion on such draft legislation; (c) an undertaking to notify to the ECB immediately after the date upon which the relevant national legislation has entered into force and an undertaking to provide a confirmation pursuant to Article 7(2)(c) of Regulation (EU) No 1024/2013 using the template provided in Annex II of this Decision. The confirmation shall include a legal opinion satisfactory to the ECB confirming that legal acts adopted by the ECB pursuant to Regulation (EU) No 1024/2013 will be binding and enforceable in the requesting Member State and that the relevant national legislation obliges the national competent authority and the national designated authority to follow the ECB's specific instructions, guidelines, requests and measures in relation to significant supervised entities as well as the ECB's general instructions, guidelines, requests and measures in relation to less significant supervised entities, within the timeframe laid down by the ECB, where specified. 3. The requesting Member State shall provide the ECB with all relevant documentation which the ECB deems appropriate for the purpose of assessing its request. The requesting Member State shall also ensure that the ECB is provided with all information which the ECB deems appropriate for the purpose of assessing the significance of credit institutions and for carrying out the comprehensive assessment required by Regulation (EU) No 1024/2013. Article 4 Assessment by the ECB of the request to enter into a close cooperation 1. The ECB shall acknowledge receipt in writing of a request by a Member State to enter into a close cooperation. 2. The ECB may request all additional information that it considers appropriate for the purposes of the assessment of the Member State's request, including information for the assessment of the significance of credit institutions and for carrying out the comprehensive assessment. Where the requesting Member State has already made a comprehensive assessment of the credit institutions established in its jurisdiction, it shall provide detailed information on the results. The ECB may decide that no further assessment is required provided that (a) the quality and the methodology of the assessment made by national authorities correspond to the ECB's standards, and (b) the ECB considers that the assessment made by national authorities is still up to date and that no material change to the situation of the credit institutions established in the requesting Member State would require a further assessment. 3. When assessing the relevant national legislation, the ECB's assessment shall also take into account the practical implementation of such legislation. 4. At the latest 3 months following receipt by the ECB of the confirmation referred to in Article 3(2)(c) or, where applicable, the additional information requested by the ECB under paragraph 2, the ECB shall inform the requesting Member State of its preliminary assessment. The requesting Member State shall have the opportunity to provide its views within 20 days from the receipt of the preliminary assessment. Such correspondence between the ECB and the requesting Member State shall be confidential. Article 5 Decision establishing a close cooperation 1. Where the ECB concludes, on the basis of the information submitted by the requesting Member State, that the latter fulfils the criteria set out in Article 7(2)(a) to (c) of Regulation (EU) No 1024/2013 for entering into a close cooperation, and once the comprehensive assessment is concluded and the confirmation is provided in accordance with Annex II to this Decision, the ECB shall adopt a decision on the basis of Article 7(2) of Regulation (EU) No 1024/2013, addressed to the requesting Member State and establishing a close cooperation. 2. The decision referred to in paragraph 1 shall indicate the modalities for the transfer of the supervisory tasks to the ECB and the date of the start of the close cooperation, which shall be conditional, if applicable, on the progress by the requesting Member State in implementing the measures required in relation to the results of the comprehensive assessment. 3. Where, on the basis of the information submitted by the requesting Member State, the ECB concludes that the latter does not fulfil the criteria set out in Article 7(2) of Regulation (EU) No 1024/2013, or where the ECB does not receive the information necessary to perform its assessment within one year from the notification of the request by the Member State, it may adopt a decision addressed to the requesting Member State rejecting the request to establish a close cooperation. 4. The decisions referred to in paragraphs 1 and 3 shall include the reasons on which they are based. 5. In accordance with Article 7(3) of Regulation (EU) No 1024/2013, any decision establishing a close cooperation shall be published in the Official Journal of the European Union and shall apply from the date 14 days after its publication. TITLE 2 SUSPENSION OR TERMINATION OF A CLOSE COOPERATION Article 6 Suspension or termination 1. Where the ECB decides to suspend a close cooperation pursuant to Article 7(5) or 7(7) of Regulation (EU) No 1024/2013, it shall state the reasons for doing so, clarify the effects of such suspension decision and shall indicate the date from which the suspension takes effect as well as the period during which the suspension applies. The latter period shall not be longer than six months. The ECB may extend the period in exceptional circumstances, but only once. 2. Where the reasons for the suspension under Article 7(5) of Regulation (EU) No 1024/2013 are not remedied or where the ECB decides to terminate a close cooperation, the ECB shall terminate the close cooperation by adopting a new decision for this purpose. 3. Where the ECB decides to terminate a close cooperation pursuant to Article 7(5) or 7(7) of Regulation (EU) No 1024/2013, it shall state the reasons for doing so and shall clarify the effects of such termination decision, as well as indicating the date from which the termination takes effect. 4. Any ECB decision on suspension or termination of a close cooperation may also regulate the modalities for the payment of fees due by the supervised entities located in the Member State concerned. 5. Where the Member State with which a close cooperation has been established pursuant to Article 7 of Regulation (EU) No 1024/2013 requests the ECB to terminate the close cooperation subject to the conditions provided in Article 7(6) and 7(8) of Regulation (EU) No 1024/2013, the ECB shall adopt a decision clarifying the effects of such termination decision, as well as indicating the date from which the termination takes effect. 6. Any ECB decisions adopted in connection with supervised entities in the Member State with which a close cooperation has been established, and which were in force prior to the termination of such close cooperation, shall remain valid despite the termination of the close cooperation. 7. Decisions to suspend or terminate a close cooperation shall be published in the Official Journal of the European Union. Article 7 Entry into force This Decision shall enter into force on 27 February 2014. Done at Frankfurt am Main, 31 January 2014. The President of the ECB Mario DRAGHI (1) OJ L 287, 29.10.2013, p. 63. ANNEX I TEMPLATE REQUEST TO ENTER INTO A CLOSE COOPERATION PURSUANT TO ARTICLE 7 OF REGULATION (EU) No 1024/2013 By [Requesting Member State] Notification to the ECB of a request to enter into a close cooperation pursuant to Article 7 of Regulation (EU) No 1024/2013 1. The [requesting Member State] hereby requests to enter into a close cooperation with the European Central Bank (ECB) pursuant to Article 7 of Regulation (EU) No 1024/2013 and in accordance with the provisions of Decision ECB/2014/5 of 31 January 2014 on the close cooperation with the national competent authorities of participating Member States whose currency is not the euro. 2. The [requesting Member State] hereby undertakes: (a) to ensure that its national competent authority and national designated authority will adhere to any instructions, guidelines, measures or requests issued by the European Central Bank in respect of supervised entities (as defined in Decision ECB/2014/5); In particular, the relevant national legislation will also ensure that the national competent authority and national designated authority will be obliged to follow the ECB's specific instructions, guidelines, requests and measures in relation to significant supervised entities and the ECB's general instructions, guidelines, requests and measures in relation to less significant supervised entities. In this respect the requesting Member State hereby undertakes — to adopt the relevant national legislation to ensure that legal acts adopted by the ECB pursuant to Regulation (EU) No 1024/2013 are binding and enforceable in [the Member State concerned] and that its national competent authority and national designated authority will be obliged to adopt any measure in relation to supervised entities requested by the ECB, in accordance with Article 7(4) of Regulation (EU) No 1024/2013 — to notify the ECB of the date on which the relevant national legislation has entered into force. (b) to provide at any time after the request to enter into a close cooperation is notified to the ECB and before the establishment of a close cooperation and upon request by the ECB, and at any time thereafter, also all information on the supervised entities established in that Member State that the European Central Bank may require for the purpose of carrying out a comprehensive assessment of those supervised entities, including confidential information. The information to be provided to the ECB shall include: (i) a copy of the draft relevant national legislation; (ii) up to date information on institutions established in the requesting Member State including as a minimum a complete list of the following entities located in the Member State: — credit institutions, — financial holding companies or mixed financial holding companies at the top of supervised groups, and — cross-border branches of credit institutions from other countries, including total assets figures for each entity. For credit institutions which are subsidiaries, and in the case of branches, identification of their direct and ultimate parent institutions shall be provided. For supervised groups headquartered and supervised in the Member State, information on their foreign group components shall be provided. (iii) contact persons at the national competent authority and national designated authority to whom to address ECB requests for further information For the Member State [Signature] cc: (i) the European Commission (ii) the European Banking Authority (iii) the other Member States ANNEX II TEMPLATE STATEMENT PURSUANT TO ARTICLE 7(2)(c) OF REGULATION (EU) No 1024/2013 By [Requesting Member State] To European Central Bank (ECB) Statement pursuant to Article 7(2)(c) of Regulation (EU) No 1024/2013 relating to the request to enter into a close cooperation pursuant to Article 7 of Regulation (EU) No 1024/2013 [The Member State concerned] hereby confirms that it has adopted relevant national legislation to ensure that legal acts adopted by the ECB pursuant to Regulation (EU) No 1024/2013 are binding and enforceable in [the Member State concerned] and that its national competent authority and national designated authority will be obliged to adopt any measure in relation to the supervised entities requested by the ECB, in accordance with Article 7(4) of Regulation (EU) No 1024/2013, and that this relevant national legislation entered into force on [INSERT DATE]. In addition, we enclose a legal opinion confirming that the relevant national legislation also ensures that the national competent authority and national designated authority will be obliged to follow the ECB's specific instructions, guidelines, requests and measures in relation to significant supervised entities and the ECB's general instructions, guidelines, requests and measures in relation to less significant supervised entities. For the Member State [Signature] Appendix : Copy of the relevant national legislation adopted by the requesting Member State to ensure that legal acts adopted by the ECB pursuant to Regulation (EU) No 1024/2013 are binding and enforceable in [the Member State concerned] and that its national competent authority and national designated authority will be obliged to adopt any measure in relation to supervised entities requested by the ECB.

Summary: European Central Bank — Close cooperation within the Single Supervisory Mechanism with non-euro EU countries European Central Bank — Close cooperation within the Single Supervisory Mechanism with non-euro EU countries SUMMARY OF: Regulation (EU) No 1024/2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (SSM regulation) Regulation (EU) No 468/2014 establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (SSM framework regulation) (ECB/2014/17) Decision 2014/434/EU on the close cooperation with the national competent authorities of participating Member States whose currency is not the euro (ECB/2014/5) (ECB decision on close cooperation) Decision (EU) 2020/1015 establishing close cooperation between the European Central Bank and Българска народна банка (Bulgarian National Bank) (ECB/2020/30) Decision (EU) 2020/1016 establishing close cooperation between the European Central Bank and Hrvatska Narodna Banka (ECB/2020/31) WHAT IS THE AIM OF THE LEGISLATION? It establishes the principles and procedures for close cooperation within the Single Supervisory Mechanism (SSM) between the European Central Bank (ECB) and EU Member States whose currency is not the euro. Bulgaria and Croatia are the first two non-euro-area EU Member States that have entered into close cooperation starting on 1 October 2020. KEY POINTS The European system of banking supervision (SSM) was established as the system of banking supervision composed of the ECB and national competent authorities (NCAs) of participating Member States to ensure safe and sound banks, a stable and integrated financial system and the consistent supervision of all banks. All euro-area countries participate automatically in European banking supervision. Member States whose currency is not the euro can participate in the SSM by requesting the establishment of close cooperation between the ECB and their NCA. Once close cooperation has been established, these Member States can join both the SSM and the Single Resolution Mechanism, which ensures an orderly resolution of failing banks. Under the close cooperation, the NCAs are obliged to adopt any measure in relation to supervised entities at the request of the ECB. The legal acts adopted by the ECB are binding and enforceable and the NCAs must provide the ECB with all information necessary for the purposes of carrying out the tasks conferred on it within the SSM. The SSM regulation, the SSM framework regulation and the ECB decision on close cooperation describe the process of establishing close cooperation and how it works. Steps for the establishment of close cooperation: 1.the non-euro-area Member State formally requests to join the SSM; 2.the non-euro-area Member State prepares and adopts national legislation that allows the ECB to exercise its supervisory tasks within the framework of close cooperation, and the ECB assesses that legislation; 3.the ECB carries out a comprehensive assessment of the banks of the Member State concerned, similar to that conducted on euro-area banks in 2014 before the SSM was set up; 4.the ECB adopts a decision that indicates how supervisory tasks will be transferred to the ECB and when the close cooperation will commence. Supervision under close cooperation. Once close cooperation is established, the Member State concerned becomes a member of the SSM and its NCA is in a position comparable to all other NCAs of Member States participating in the SSM. This means that significant credit institutions in the countries participating in close cooperation will be supervised by the ECB via instructions given to the NCAs, and credit institutions classified as less significant will continue to be supervised by the NCAs, with the ECB performing an oversight role. Suspension or termination of close cooperation: the ECB may suspend the close cooperation for up to 6 months, giving reasons for its decision; the termination of the close cooperation can be initiated by the ECB or by the Member State with which there is close cooperation. The establishment of close cooperation contributes to the safety and soundness of banks and fosters the process of financial integration across the single market. FROM WHEN DOES THE LEGISLATION APPLY? Regulation (EU) No 1024/2013 has applied since 3 November 2013. Regulation (EU) No 468/2014 has applied since 15 May 2014. Decision 2014/434/EU entered into force on 27 February 2014. Decisions (EU) 2020/1015 and (EU) 2020/1016 have applied since 1 October 2020. BACKGROUND For more information, see: Close cooperation with the ECB: an entryway to banking union (European Central Bank) Banking union (European Commission). MAIN DOCUMENTS Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, pp. 63-89) Regulation (EU) No 468/2014 of the European Central Bank of 16 April 2014 establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (SSM Framework Regulation) (ECB/2014/17) (OJ L 141, 14.5.2014, pp. 1-50) Decision 2014/434/EU of the European Central Bank of 31 January 2014 on the close cooperation with the national competent authorities of participating Member States whose currency is not the euro (SSM Regulation) (ECB/2014/5) (OJ L 198, 5.7.2014, pp. 7-13) Decision (EU) 2020/1015 of the European Central Bank of 24 June 2020 on the establishment of close cooperation between the European Central Bank and Българска народна банка (Bulgarian National Bank) (ECB/2020/30) (OJ L 224I, 13.7.2020, pp. 1-3) Decision (EU) 2020/1016 of the European Central Bank of 24 June 2020 on the establishment of close cooperation between the European Central Bank and Hrvatska Narodna Banka (ECB/2020/31) (OJ L 224I, 13.7.2020, pp. 4-6) last update 03.03.2021


13.6.2015 EN Official Journal of the European Union L 148/32 COMMISSION RECOMMENDATION (EU) 2015/914 of 8 June 2015 on a European resettlement scheme THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union and in particular Article 292 fourth sentence thereof, Whereas: (1) The European Council meeting in extraordinary session on 23 April 2015 recalled the seriousness of the situation in the Mediterranean and expressed its determination that the Union should mobilise all efforts at its disposal to prevent further loss of life at sea and to tackle the root causes of the humanitarian emergency. The European Council further committed to set up a first voluntary pilot project on resettlement across the Union, offering places to persons qualifying for protection (1). (2) In its resolution of 29 April 2015, the European Parliament called upon the Member States to make greater contributions to existing resettlement programmes and stressed the need to ensure safe and legal access to the Union asylum system (2). (3) There is currently a significant imbalance between Member States as regards the commitment to resettle persons. Only 15 Member States and three Associated States have a resettlement programme (with one further Member State announcing the start of a resettlement programme), three Member States and one Associated State have carried out resettlement on an ad hoc basis, while the others do not engage in resettlement at all. (4) In 2014, the number of asylum applicants in the Union reached a peak of 626 000, while 6 380 third-country nationals in need of international protection were resettled in the Union (3). The number of refugees, asylum-seekers and internally displaced people worldwide in 2013 exceeded 50 million people, for the first time since World War II (4). (5) The Justice and Home Affairs Council Conclusions of 10 October 2014 acknowledged that ‘[…] while taking into account the efforts carried out by Member States affected by migratory flows, all Member States should give their contribution to [resettlement] in a fair and balanced manner’ (5). (6) On 13 May 2015, the Commission presented a comprehensive European Agenda on Migration (6) that, inter alia, defines a set of immediate measures tailored to respond to the human tragedy in the whole of the Mediterranean. (7) To avoid displaced persons in need of protection having to resort to the criminal networks of smugglers and traffickers, the Agenda calls the European Union to step up its resettlement efforts. Accordingly, the Commission is making this Recommendation proposing for an EU-wide resettlement scheme to offer 20 000 places on the basis of a distribution key. (8) In case Associated States decide to participate, the distribution key and allocations per each Member State and participating Associated State would be adapted accordingly. (9) In the light of previous discussions during a dedicated meeting of the Resettlement and Relocation Forum on 25 November 2014, the distribution key should be based on (a) the size of the population (40 % weighting), (b) the total GDP (40 % weighting), (c) the average number of spontaneous asylum applications and the number of resettled refugees per million inhabitants over the period 2010-2014 (10 % weighting), and (d) the unemployment rate (10 % weighting). (10) A total of 20 000 persons should be admitted to the Union during a 2-year period of implementation of this scheme by the Member States. The responsibility for hosting such persons should lie solely with the participating States, in line with the relevant Union and international rules. This corresponds to the call by the United Nations High Commissioner for Refugees (UNHCR) who urged European countries to make larger commitments to receive refugees through sustainable resettlement programmes, endorsing the campaign led by the International Organisation for Migration and five non-governmental organisations. (11) In identifying the priority regions, the situation in the neighbourhood and the current migratory flows should be taken into account, in particular the link with the Regional Development and Protection Programmes in the Middle East, North Africa and the Horn of Africa. (12) The experience and expertise of the UNHCR and other relevant bodies, including the European Asylum Support Office, should be called upon to assist in the implementation of the resettlement scheme. (13) Measures should be taken in order to avoid secondary movements of resettled persons from the State of resettlement to other Member States and participating Associated States. (14) The Commission envisages contributing to the scheme by making available an extra EUR 50 million in the years 2015 and 2016 under the Union Resettlement Programme, set out in Article 17 of Regulation (EU) No 516/2014 of the European Parliament and of the Council (7). In order to optimise the use of the financial incentives, the Commission will adjust the lump sums and resettlement priorities provided for in that programme through a delegated act, in accordance with Article 17(4) and (10) of Regulation (EU) No 516/2014. In case the Associated States decide to participate in the resettlement scheme, they could not benefit from lump sums under Regulation (EU) No 516/2014 in compensation for their pledges, HAS ADOPTED THIS RECOMMENDATION: EUROPEAN RESETTLEMENT SCHEME 1. The Commission recommends that Member State resettle 20 000 people in need of international protection on the basis of the conditions and the distribution key laid down in this Recommendation. DEFINITION AND SCOPE OF THE RESETTLEMENT SCHEME 2. ‘Resettlement’ means the transfer of individual displaced persons in clear need of international protection, on request of the United Nations High Commissioner for Refugees, from a third country to a Member State, in agreement with the latter, with the objective of protecting against refoulement and admitting and granting the right to stay and any other rights similar to those granted to a beneficiary of international protection. 3. The European resettlement scheme should cover all Member States. CONTENT OF THE RESETTLEMENT SCHEME 4. The scheme should consist of a single European pledge of 20 000 resettlement places for persons to be resettled. The duration of the scheme should be 2 years from the date of the adoption of the Recommendation. 5. The overall pledged resettlement places should be allocated to Member States in accordance with the distribution key in the Annex. In case Associated States decide to participate in the scheme, the distribution key would be adapted accordingly. 6. The priority regions for resettlement should include North Africa, the Middle East, and the Horn of Africa, focusing in particular on the countries where the Regional Development and Protection Programmes are implemented. 7. Member States and the participating Associated States should remain responsible for individual admission decisions, following adequate medical and security checks, while the United Nations High Commissioner for Refugees should be responsible for the assessment of candidates for resettlement in the priority regions and submitting proposals for resettlement to the Member States and the participating Associated States. 8. When a resettled person is admitted to the territory of a Member State or a participating Associated State, that State should conduct a formal procedure for international protection, including the taking of fingerprints, in a swift manner and in accordance with the applicable legislation, in particular Regulation (EU) No 603/2013 of the European Parliament and of the Council (8), Directive 2011/95/EU of the European Parliament and of the Council (9), Council Directive 2005/85/EC (10), Council Directive 2003/9/EC (11), and, as from 20 July 2015 Directives 2013/32/EU (12) and 2013/33/EU of the European Parliament and of the Council (13). 9. After this process, where international protection or national protection status is granted by a Member State to a resettled person, that person should enjoy, in the resettling Member State, the rights guaranteed to beneficiaries of international protection by Directive 2011/95/EU or similar rights guaranteed by national law. In that context, free movement within the Union should be submitted to the same conditions and restrictions applicable to other third-country nationals legally resident in the Member States. In the case of participating Associated States, equivalent national legislation should apply. 10. Candidates for resettlement should be informed of their rights and obligations, under the resettlement scheme as well as under relevant Union and national asylum legislation, prior to their admission to the territory of the Member States or of participating Associated States, in particular of the consequences of onward movement within the Union and/or participating Associated States and of the fact that they are only entitled to the rights attached to international protection or national protection status in the State of resettlement. 11. Resettled persons who enter into the territory of a Member State or of a participating Associated State other than the State of resettlement without authorisation, either pending the completion of the formal international protection procedure or after granting of international protection, should be sent back to the State of resettlement, pursuant to the rules laid down in Regulation (EU) No 604/2013 of the European Parliament and of the Council (14) and Directive 2008/115/EC of the European Parliament and of the Council (15). 12. Practical involvement of the European Asylum Support Office in the implementation of the scheme should be ensured, in particular, to provide special support to Member States and to participating Associated States, especially those which have no prior experience with resettlement. The European Asylum Support Office should monitor the implementation of the scheme and report regularly on the implementation. 13. Member States should be entitled to receive a financial allocation in proportion of the number of persons resettled in their territory in accordance with the lump sums set out in Article 17 of Regulation (EU) No 516/2014, as adjusted by Commission Delegated Regulation (EU) No xxx/2015 (16). ADDRESSEES 14. This Recommendation is addressed to the Member States. Done at Brussels, 8 June 2015. For the Commission Dimitris AVRAMOPOULOS Member of the Commission (1) Point 3(q), European Council Statement, 23 April 2015, EUCO 18/15. (2) Points 8 and 10, European Parliament Resolution, 29 April 2015, 2015/2660(RSP). (3) Source: Eurostat. (4) Source: Global Trend 2013 Report, UNHCR. (5) Council conclusions on ‘Taking action to better manage migratory flows’, Justice and Home Affairs Council meeting, 10 October 2014. (6) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a European Agenda on Migration, 13 May 2015, COM(2015) 240 final. (7) Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC (OJ L 150, 20.5.2014, p. 168). (8) Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 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 and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 180, 29.6.2013, p. 1). (9) Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9). (10) Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ L 326, 13.12.2005, p. 13). (11) Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (OJ L 31, 6.2.2003, p. 18). (12) 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). (13) 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). (14) 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). (15) Article 6(2) of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98). (16) Still to be tabled. ANNEX Member States Key (%) Allocation Austria 2,22 444 Belgium 2,45 490 Bulgaria 1,08 216 Croatia 1,58 315 Cyprus 0,34 69 Czech Republic 2,63 525 Denmark 1,73 345 Estonia 1,63 326 Finland 1,46 293 France 11,87 2 375 Germany 15,43 3 086 Greece 1,61 323 Hungary 1,53 307 Ireland 1,36 272 Italy 9,94 1 989 Latvia 1,10 220 Lithuania 1,03 207 Luxembourg 0,74 147 Malta 0,60 121 Netherlands 3,66 732 Poland 4,81 962 Portugal 3,52 704 Romania 3,29 657 Slovakia 1,60 319 Slovenia 1,03 207 Spain 7,75 1 549 Sweden 2,46 491 United Kingdom 11,54 2 309 The key is based on the following criteria (1) (2): (a) The size of the population (2014 figures, 40 % weighting). This criterion reflects the capacity of a Member State to absorb a certain number of refugees; (b) Total GDP (2013 figures, 40 % weighting). This criterion reflects the absolute wealth of country and is indicative for the capacity of an economy to absorb and integrate refugees; (c) Average number of spontaneous asylum applications and the number of resettled refugees per million inhabitants over the period 2010-2014 (10 % weighting). This criterion reflects the efforts made by Member States in the recent past; (d) Unemployment rate (2014 figures, 10 % weighting). This criterion reflects the capacity to integrate refugees. (1) Calculations are based on statistical information provided by Eurostat (consulted on 8 April 2015). (2) The percentage calculations were made to five decimal places and rounded up or down to two decimal places for presentation in the table; allocations of persons were made on the basis of the full figures to five decimal places.

Summary: European scheme for the resettlement of refugees European scheme for the resettlement of refugees SUMMARY OF: Recommendation (EU) 2015/914 on a European resettlement scheme WHAT IS THE AIM OF THIS RECOMMENDATION? This recommendation for a resettlement* scheme is part of a first set of measures that fall under the European Agenda on Migration that the European Commission presented in May 2015. It calls on European Union (EU) countries to resettle 20,000 persons in clear need of international protection on their territory and to offer them international protection such as refugee status, so that these displaced persons do not have to resort to traffickers to reach the EU. KEY POINTS What is a resettlement measure? Resettlement is the process whereby, upon on proposal by the United Nations High Commissioner for Refugees (UNHCR), displaced people in clear need of international protection are transferred from a non-EU country and established in an EU country with a legal form of protection. Each EU country remains responsible for its individual admission decisions. Resettlement must not be confused with relocation* measures, also proposed by the Agenda on Migration, which provide a distribution mechanism for persons in need of international protection within the EU. The priority regions of origin of people to be resettled to the EU in the context of this recommendation include North Africa, the Middle East and the Horn of Africa. Distribution key The overall resettlement places are to be distributed amongst EU countries on the basis of a distribution key based on the following criteria: the EU country’s gross domestic product to reflect its economic capacity to host refugees (40 %); the size of its population to take into account its capacity to absorb a certain number of refugees (40 %); its unemployment rate as an indicator of its capacity to integrate refugees (10 %); the past numbers of asylum applications and the number of resettled refugees per 1 million inhabitants between 2010 and 2014, as this reflects the efforts made by the EU country in the recent past (10 %). On the basis of this key, Germany would resettle the largest number of people (3,086 or 15.4 %), followed by France (2,375 — 11.8 %), the UK (2,309 — 11.5 %) and Italy (1,989 — 9.9 %). Budget A further €50 million from the EU’s 2015 budget would be used to support this scheme. Additional money for the EU-wide resettlement scheme (spread evenly across 2015 and 2016) would be added to the special Asylum, Migration and Integration Fund. Implementation Participation in the resettlement scheme is voluntary. EU countries were requested to commit to the recommended resettlement places by September 2015. The UNHCR and other relevant organisations are to assist the EU in the implementation of the scheme (with measures such as identifying and transfer of asylum seekers). The European Asylum Support Office will also be involved in the scheme. FROM WHEN DOES THIS RECOMMENDATION APPLY? The duration of the proposed scheme is 2 years, from the date of the adoption of the recommendation (8 June 2015). BACKGROUND After several tragedies where thousands of lives were lost in trying to reach the EU’s Mediterranean coasts, the EU has put forward a joint response to migration. In May 2015, the Commission presented the EU Agenda on Migration, which sets out a comprehensive approach including a first implementation package of measures, namely: this resettlement scheme for 20,000 persons from outside the EU; the relocation of 40,000 asylum seekers for the benefit of Italy and Greece; an action plan on smuggling; the enforcement of the Triton and Poseidon operations at sea, led by Frontex, to help save more lives in the Mediterranean sea. This recommendation was followed by conclusions of the representatives of the Governments of the Member States meeting within the Council of 20 July 2015 to resettle, through multilateral and national schemes, 22,504 persons in clear need of international protection. The resettlement places were distributed between EU countries and Iceland, Liechtenstein, Norway and Switzerland according to commitments set out in the annex to the conclusions and not according to the distribution key set out in the recommendation. The Commission proposed a further set of migration measures in September 2015. These include an emergency relocation proposal for 120,000 persons in clear need of protection (from Greece, Hungary and Italy) and a permanent crisis relocation mechanism for all EU countries. For more information, see: Migration press pack; EU relocation and resettlement fact sheet. * KEY TERMS Resettlement: scheme through which EU countries provide international protection and a long-term solution in their territories to refugees and displaced persons. The UNHCR identifies these people as eligible for resettlement with a view to granting them a secure legal status. EU countries remain responsible for individual admission decisions. Relocation: transfer of persons who are in need of, or already benefit from, a form of international protection in one EU country to another EU country where they would be granted similar protection. Relocation is an EU solidarity measure to help EU countries facing a large influx of asylum seekers or refugees. MAIN DOCUMENT Commission Recommendation (EU) 2015/914 of 8 June 2015 on a European resettlement scheme (OJ L 148, 13.6.2015, pp. 32-37) RELATED DOCUMENTS Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: A European Agenda on Migration (COM(2015) 240 final, 13.5.2015) last update 18.08.2016