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The Commission yesterday adopted guidance on the implementation of relevant EU rules on asylum and return procedures and on resettlement in the context of the coronavirus pandemic, which it will present to Member States. This responds to Member States' request for advice on ways to ensure the continuity of procedures and the respect of, at a minimum, basic rights. The guidance was prepared with the support of the European Asylum Support Office (EASO) and the European Border and Coast Guard Agency (Frontex), and in cooperation with national authorities.

Vice-President for Promoting our European Way of Life, Margaritis Schinas, yesterday said: 

“The pandemic has direct consequences on the way EU asylum and return rules are being implemented and a disruptive effect on resettlement. Today we are acting to support Member States in providing guidance on how to use the flexibility in EU rules to ensure the continuity of procedures as much as possible while fully ensuring the protection of people's health and rights. While our way of life may have changed drastically in the past weeks – our values and principles must not.”

Commissioner for Home Affairs, Ylva Johansson, yesterday said: 

"Even in a health emergency, we need to guarantee individual fundamental rights. The Commission fully acknowledges the difficulties that Member States face in the current situation. In the guidelines, we give advice for practical solutions which take into account Member States' legitimate concerns and constraints. Any measure taken in the area of asylum, resettlement and return should also take full account of the health protection measures introduced by the Member States to prevent the spread of coronavirus. Vulnerable persons, in particular unaccompanied minors, and families should receive particular care and attention.”

Asylum procedures

Health measures taken to limit social interaction among asylum personnel and applicants have an impact on asylum processes. The flexibility provided for in EU rules should be used:

• Registration and processing of applications should continue. Maximum flexibility should be permitted in relation to deadlines and the duration for processing and examining claims. However, any delays in registration should not mean applicants are left without reception conditions.
• Personal interviews can be conducted with specific arrangements such as remotely through video conferencing or even omitted if needed.
• Dublin Regulation: Close cooperation between Member States is of fundamental importance for the good functioning of the Dublin system. The Commission encourages all Member States to resume transfers of applicants as soon as practically possible in view of the evolving circumstances. Before carrying out any transfer, Member States should consider the situation related to the coronavirus, including that resulting from the heavy pressure on the health system, in the Member State responsible. Where transfers to the Member State normally responsible cannot take place within the applicable time limit, Member States can still agree bilaterally to nevertheless carry out the transfer at a later date, which is to be encouraged for example for unaccompanied minors and family reunification cases. The Commission and EASO are prepared to facilitate cooperation between Member States.
• Reception conditions: Quarantine and isolation measures must be reasonable, proportionate and non-discriminatory. Applicants must receive the necessary health care.Applicants in detention should continue to have access to open air and any restrictions, such as limitation of visitors, need to be carefully explained.
• Fingerprinting: In line with the Eurodac Regulation, where it is not possible to take the fingerprints of an applicant on account of measures taken to protect public health, Member States should take fingerprints as soon as possible and no later than 48 hours after such health grounds cease to exist.

Click here for the full press release