Implementing the Pact on Migration and Asylum

The Common Implementation Plan

When adopting the Pact, we gave ourselves two years to put in place the necessary new rules, procedures, and structures. There are good reasons for this timeframe given the magnitude of the task at hand, and we are fully focused on meeting that target.
President von der Leyen, 14 October 2024

The implementation of the Pact on Migration and Asylum is a complex process that involves multiple actors, including the European Commission, EU Member States, and EU agencies. The Common Implementation Plan is a key document that outlines the steps necessary to implement the Pact, and it is based on 10 building blocks that cover different aspects of migration and asylum policy:

1. A common migration and asylum information system (Eurodac)
2. A new system to manage migration at the EU external borders
3. Rethinking reception
4. Fair, efficient, and convergent asylum procedures
5. Efficient and fair return procedures
6. A fair and efficient system: making the new responsibility rules work
7. Making solidarity work
8. Preparedness, Contingency Planning and Crisis response
9. New safeguards for applicants for international protection and vulnerable persons, and increased monitoring of fundamental rights
10. Resettlement, Inclusion and Integration 

The Commission’s role in supporting the Pact’s implementation

The Commission supports the Member States’ preparation for the implementation of the Pact, through:

• The Common Implementation Plan and the annexed Checklist
• Support to the drafting of the Member States’ National Implementation Plans
• Q&As
• TSI dedicated calls
• EUAA trainings and guidance
• Additional allocations of EU funding
• Contact Committees, and other political and technical groups to prepare implementing rules and guidelines

Cycle of governance: How it works

Text version

_{*For the cycle’s first implementation in 2025, the European Asylum and Migration Report, along with the Commission implementing decision and the proposal for a Council Implementing Act, were exceptionally adopted on 11 November.}

This annual cycle of governance ensures that the EU and its Member States are prepared to respond to migratory pressures and that solidarity is provided to the EU countries that need it. The cycle is repeated every year, with the Commission presenting a new European Annual Asylum and Migration Report, assessing which Member States are under migratory pressure and proposing a new Council implementing act regarding the Solidarity Pool. 

• Publication of the European Annual Asylum and Migration Report: In October, the Commission publishes the European Annual Asylum and Migration Report, which provides an overview of the migration and asylum situation in the EU and its Member States. 
• Assessment of migratory pressure: The report assesses the migratory pressure on each Member State, taking into account various factors such as the number of asylum applications, the number of irregular arrivals, and the capacity of each Member State to manage migration and asylum. 
• Identification of Member States under migratory pressure: Based on the assessment, the Commission identifies, in a Decision, which Member States are under migratory pressure, at risk of migratory pressure, or facing a significant migratory situation. 
• Proposal for a Council implementing act: The Commission proposes a Council implementing act that establishes the annual Solidarity Pool.   
• High-Level EU Solidarity Forum: The High-Level EU Solidarity Forum, chaired by the Member State holding the Presidency of the Council, meets to discuss the proposed Council implementing act and to agree on the level of solidarity needed for the following year. 
• Council decision: By the end of the year, the Council adopts a decision establishing the Solidarity Pool. In the Decision, the Council will determine the size of the pool and each Member State's contribution based on their fair share. Member States can choose to contribute through relocations, financial support, alternative solidarity measures, or a combination of these options.   
• Responsibility offsets: This measure is introduced as a second level of solidarity, used when the relocation pledges do not reach the thresholds set in the Regulation. When applied, the contributing Member State assumes responsibility for applications originating from the benefitting Member State. Contributions to solidarity through responsibility offsets are counted as part of the mandatory fair share of the contributing Member State. 
• Implementation of the solidarity mechanism: The implementation of the solidarity mechanism is coordinated by the Technical-Level Solidarity Forum throughout the year, and Member States that are under migratory pressure receive the solidarity support they need.

The first European Annual Asylum and Migration Report

The First European Annual Asylum and Migration Report offers a detailed overview of the EU's asylum, migration, and reception landscape, highlighting key trends and developments for the upcoming year. During the reporting period (July 2024-June 2025), illegal border crossings decreased by 35% compared to the previous 12 months, an improvement attributed in part to enhanced EU cooperation with partner countries. Despite this progress, several challenges persist, including arrivals by sea, unauthorised movements within the EU, the continued hosting of displaced persons from Ukraine, the weaponisation of migration by third countries, and the management of returns.  

The report is a key tool for the Commission to determine Member States’ level of migratory pressure. This year's assessment of migratory pressure is as follows: 

• Migratory Pressure: Cyprus, Greece, Italy, and Spain are identified as under significant migratory pressure and will have access to the Solidarity Pool when the Pact comes into effect. 
• Risk of Migratory Pressure: Belgium, Bulgaria, Germany, Estonia, Croatia, Ireland, France, Latvia, Lithuania, the Netherlands, Poland, and Finland are at risk of migratory pressure. These countries will have priority access to the Permanent EU Migration Support Toolbox and will be re-evaluated if their situation worsens. 
• Significant Migratory Situation: Bulgaria, Czechia, Estonia, Croatia, Austria, and Poland are facing a significant migratory situation and may request deductions from their solidarity contributions for the upcoming year.  

The Commission has proposed establishing a Solidarity Pool to support Member States under migratory pressure. The Council will determine the size of the pool and each Member State's contribution based on their fair share. Member States can choose to contribute through relocations, financial support, alternative solidarity measures, or a combination of these options.  

Additionally, the report highlights the potential for Member States to contribute to solidarity through 'responsibility offsets' for unauthorised movements of applicants between Member States. However, contributing Member States are not obligated to fulfil their solidarity pledges if systemic shortcomings are identified in the benefitting Member State regarding responsibility rules. Member States are urged to accelerate the implementation of the Pact legislation to ensure their national systems are prepared by June 2026. 

Who is responsible for what?