The European Commission has been calling for the resettlement of refugees to become an integral part of EU asylum policy. For instance, on its 2008 Policy Plan on Asylum, the Commission stressed that resettlement should be further developed and become an EU protection instrument. Hence, the European Commission has recently adopted a Communication where it proposes to establish a Joint EU Resettlement Programme.

The present Communication addresses the resettlement of refugees from third countries to an EU Member State. The issue of intra-EU resettlement of refugees is not, therefore, covered. But, it is important to mention that, in order to strengthen intra-EU solidarity, the Commission is planning a pilot scheme for the resettlement of beneficiaries of international protection from Malta to other Member States.

The United Nations High Commissioner for Refugees (UNHCR) has an international mandate to provide refugee assistance and to determine if a case is eligible for resettlement. Resettlement is seen as a last resort when the refugee cannot return to his home country and there is no prospect of local integration in the country of first asylum. The UNHCR refers resettlement cases to resettlement countries, which will decide to accept or reject a case. The resettlement country decides on the numbers of refugees it wants to resettle as well as on their nationalities and the countries from which the resettlement takes place.

The majority of the EU Member States resettle refugees on an ad-hoc basis, such as Germany which recently committed to resettle Iraqi refugees from Syria and Jordan. Presently, ten EU Member States, Sweden, Denmark, Finland, the Netherlands, the United Kingdom, Ireland, Portugal, France, Romania and the Czech Republic carry out resettlement of refugees from third countries on an annual basis. They have, therefore, resettlement programmes under which, on a request from UNHCR, refugees are transferred from a first country of asylum to their country where they are allowed to reside.

The UK has the Gateway Protection Programme which is operated by the UK Border Agency in partnership with the UNHCR. Under this programme up to 750 refugees may settle in the UK each year, according to the UK Border Agency website. The UK Border Agency assesses the refugees need for resettlement as well as security risks and may refuse an application if it believes that “resettlement in the United Kingdom would not be for the public good.

The planning of resettlement activities is mainly done through bilateral contacts between resettlement countries and the UNHCR. Each EU Member State has its own resettlement criteria. Moreover, there are differences, among EU Member States with respect to the status granted to resettled refugees. The majority of the Member States require that the person to be resettled qualifies for refugee status under the Geneva Convention whereas other Member States may accept resettlement cases if they qualify for subsidiary protection status. Resettled refugees are then granted a residence permit.

Hence, Member States set resettlement priorities nationally without prior consultation and coordination at the EU level. There are, therefore, no harmonized resettlement criteria. However, the Commission wants more coordination of resettlement activities at the EU level. Thus, it is proposing the establishment of a joint EU resettlement programme aiming at involving more Member States in resettlement activities and, in this way, demonstrates greater solidarity to third countries in receiving refugees.

According to the European Commission the EU low involvement in the resettlement of refugees has a negative impact on the EU ambition of playing a “prominent role in global humanitarian affairs.” The Commission believes that the creation of such mechanism would raise the EU’s credibility in the international stage.

Moreover, the Commission has stated that the EU resettlement programme “could also make it less attractive for some groups of refugees to seek entry into the EU through illegal migration.” According to the Commission, allowing a considerable number of refugees to enter the EU every year will reduce the number illegal immigrants trying to enter into the EU as they will be discouraged to do so. Roger Helmer has pointed out that there is no “connection between the policy and the objective.” In fact, it might have the opposite effect.

The Member States participation on the joint EU Resettlement Programme would be voluntary. The Commission has said that “Member States will remain free to decide whether they want to resettle at all, and if so, how many refugees they wish to resettle.” However, this is a misleading statement. According to Timothy Kirkhope, “(…) a collective approach such as the one the commission is proposing could undermine our ability to decide who we grant asylum to and who we allow into our country."

The Commission has already said that “The development of a common EU approach to the resettlement of refugees from third countries should be incremental and, with experience, the scope of the programme could be further developed.” Moreover, the Commission has stated, in its Stockholm Programme Communication, that “An asylum policy based on solidarity with non-member countries faced with major inflows of refugees should be pursued.”

Resettlement programmes are extremely important for humanitarian reasons, to protect refugees whose life, liberty, safety, health are at risk in their country of refuge. However, Member States should remain responsible for the resettlement of refugees to their country. However, one cannot forget that the Government has been losing power to decide on asylum matters whilst the EU walks towards a Common European Asylum System and resettlement will be an integral part of it. The main objective of the Common European Asylum System is the establishment of a common asylum procedure and a uniform status for persons in need of international protection valid throughout the EU.

The joint EU Resettlement Programme might be voluntary but Brussels will coordinate, through the EASO, the resettlement activities of the participating Member States. The first step has now been taken towards full harmonization of resettlement criteria which the different Member States use and a common status of refugees after arrival. Therefore, do not be surprised, in the near future, when Brussels would be in charge of allocating refuges between Member States and then the EU Member States will be obliged to accept, on the basis of the common priorities, refugees for resettlement. Then, the UK would no longer be able to decide its own resettlement quotas and to whom to grant international protection.

The existing ad hoc Resettlement Expert Group will become a wider body where all Member States, resettlement and non-resettlement countries, the European Commission, will participate, along with other stakeholders, including the UNHCR, IOM, and ECRE. The political framework will be responsible for setting political priorities with respect to resettlement.

The Resettlement Expert Group will identify the EU common annual resettlement priorities on the basis of the UNHCR indicative forecast of resettlement needs, provided each year. Then, the Commission will draft its proposal, specifying the resettlement priorities for the coming year. Hence, the EU-wide common resettlement priorities would be established annually by means of a Commission decision, through the comitology procedure, on the basis of consultations in the management committee of the General Programme Solidarity and Management of Migration flows. Consequently, Member States will have reduced influence in deciding resettlement priorities themselves.

The European Commission proposed scheme will co-ordinate the resettlement of refugees from third countries to the EU in order to reduce the differences among EU Member States regarding protection standards.

The Commission is planning to identify the first set of priorities before the end of the year. Such priorities will concern specific geographic regions and nationalities as well as specific categories of refugees to be resettled. The Commission proposes giving priority to Iraqi refugees from Syria and Jordan, Sudanese refugees from Chad and Somalis from Kenya.

Moreover, the political framework will also discuss whether Member States are willing to set quantitative targets. For the time being the Member States participation an EU joint resettlement scheme will be voluntary. Nevertheless, it will put pressure on Member States to make annually available a national quota for resettlement.

The Commission has recalled that the European Asylum Support Office (EASO) will coordinate the exchange of information related to the Common European Asylum System. It will coordinate Member States activities in the asylum field, including activities related to resettlement. Namely, the Office will assist Member States in identifying refugees to be resettled and the reception they will be given.

The EASO will coordinate Member States activities with respect to resettlement such as: joint selection missions, joint pre-departure activities, joint travel and visa arrangements for resettled refugees and joint activities with respect to reception and integration of resettled refugees. It seems it will receive and coordinate resettlement submissions from UNHCR.

The European Commission is expecting that the EASO will become operational in 2010 but the last February proposal has not been adopted yet.

The resettlement of the specific categories of persons according to the EU’s common annual priorities will be carried out on a request of the UNHCR. According to the Commission “The new EU programme may require some adaptations to the present administration of resettlement by the UNHCR, but should not unduly complicate it.” But, that remains to be seen!

The resettlement practical cooperation activities will be covered by the budget of the EASO as well as by the European Refugee Fund. The European Refugee Fund provides funding for refugee integration projects. All Member States participate in the fund, except Denmark. The European Refugee Fund (ERF III), for the period 2008 to 2013 has an overall budget of € 628 million of which 62 million has been allocated for Community actions and 566 million, is distributed among the Member States. Each Member State receives a fixed annual payment and the remainder of the available annual resources is allocated on the basis of the number of refugees and asylum applications they receive. The ERF III provides financial assistance to Member States which carry out resettlement of refugees from third countries, if they fulfil certain criteria. Moreover, Member States receive a fixed amount of EUR 4 000 for each resettled person falling into specific categories of refugees: persons from a country or region designated for the implementation of Regional Protection Programmes, unaccompanied minors, children and women at risk, and persons with serious medical needs.

The Commission intends to provide additional incentives for Member States to be involved in resettlement. Hence, it has also adopted a proposal for a Decision amending the Decision establishing the European Refugee Fund for the period 2008 to 2013 in the light of the establishment of a Joint EU Resettlement Programme. Member States which resettle according to the common EU annual priorities, every year, would receive further financial assistance from the ERF.

Under the draft proposal, following the adoption of the Commission Decision on common EU resettlement priorities, Member States would be required to provide the Commission with an estimate of the number of refugees whom they will resettle during the following year, according to the EU common annual priorities. Then, they will receive an additional €4,000 for each effectively resettled refugee during that year.

According to the Commission the proposal “complies with the appropriations and programming of the General programme "Solidarity and Management of Migration Flows" until 2013.” The total ERF budget in 2010 will be €92,5 million, €103,33 million in 2011 and €122,13 million in 2012. The Commission is aware that its proposal will have an impact on the quantitative allocations which are provided by the ERF. If there is an increase in the total of resettlement places within the EU and if Member States resettle refugees on the basis of the EU common priorities, the allocation under the abovementioned criteria will increase substantially. Nevertheless, the Commission believes that it is not necessary to establish a "ceiling" with respect to this allocation of ERF funds.

The Commission’s proposal is going through the co-decision procedure. It is important to mention that the Joint EU Resettlement Programme is a priority for the Swedish EU Presidency.