Explanatory Memorandum to COM(2009)66 - European Asylum Support Office - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2009)66 - European Asylum Support Office. |
|---|---|
| source | COM(2009)66  |
| date | 18-02-2009 |
- Grounds for and objectives of the proposal
This proposal forms part of EU efforts to develop a comprehensive asylum policy. Work on the creation of a Common European Asylum System (CEAS) started immediately after the entry into force of the Treaty of Amsterdam in May 1999 on the basis of the guidelines issued by the Tampere European Council of October 1999.
Among the proposals of the 2004 Hague Programme, which is designed to strengthen freedom, security and justice, is that a common asylum area should be created by the establishment of an effective harmonised procedure in accordance with the Union’s values and humanitarian tradition. Within this framework, and in support of legislative efforts, the Hague Programme proposed the setting-up of a European support office for all forms of cooperation between Member States relating to the Common European Asylum System (after establishment of a common asylum procedure and on the basis of an evaluation). In the conclusions of its meeting in April 2008 the Justice and Home Affairs Council specifically asked the Commission to present proposals on this matter. In its Policy Plan on Asylum adopted in June 2008 (COM(2008)360) the Commission announced its intention of presenting a legislative proposal for the establishment of such an office. Finally, in late September 2008 the European Council adopted the European Pact on Immigration and Asylum and expressly agreed 'to establish in 2009 a European support office with the task of facilitating the exchange of information, analyses and experience among Member States, and developing practical cooperation between the administrations in charge of examining asylum applications.'
This proposal seeks to respond to these requests of the Council and the European Council within the framework of the Policy Plan on Asylum adopted by the Commission in June 2008. The Commission proposes to establish a European Asylum Support Office in the institutional form of a regulatory agency; it will be given responsibility for facilitating and strengthening practical cooperation between Member States on asylum and helping to improve implementation of the common asylum system. The possibility of establishing a regulatory agency for asylum was expressly envisaged by the Commission in its communication on regulatory agencies in March 2008 (COM(2008)135), which provides for a moratorium on the creation of new regulatory agencies but excludes from this moratorium the establishment of an agency for asylum.
- General context
The Policy Plan on Asylum adopted by the Commission in June 2008 proposes to supplement the existing instruments of the Common European Asylum System. Such ambitious legislative action must, however, be backed up by enhanced practical cooperation on asylum. The significant differences in the 27 Member States' decision-making procedures to deal with applications for international protection do not arise simply from the need for greater legislative harmonisation. They also arise from other, non-legislative factors, including the differing traditions and practices of the Member States and, in particular, from differences in the information on the country of origin of applicants for international protection. This is why strengthening practical cooperation on asylum between the Member States is very important for achieving convergence between them in the processing of applications for international protection. During the preparatory work on this proposed Regulation, a detailed analysis of these issues was conducted as part of the Commission's impact assessment, which identifies and assesses the various options as well as the preferred option.
- Existing provisions in the area of the proposal
The proposed Regulation is part of the acquis communautaire on the Common European Asylum System.
- Consistency with the other policies and objectives of the Union
This proposal is fully in line with the Policy Plan on Asylum adopted by the Commission in June 2008, which is designed to strengthen asylum legislation with the aim of creating an efficient and fair Common European Asylum System for persons seeking international protection and to underpin this legislation by strengthening practical cooperation among Member States on the many aspects of asylum.
- Consultation of interested parties
The Policy Plan on Asylum adopted by the Commission in June 2008, which provides for the adoption by the Commission of a legislative proposal for the establishment of the Support Office, was drawn up on the basis of a Green Paper presented by the Commission in June 2007 with the aim of identifying options for the second stage of the Common European Asylum System. The Green Paper raised specific questions concerning the setting-up of a European Asylum Support Office. In response to the public consultation, 89 contributions were received from a wide range of stakeholders in the field of asylum, including 20 Member States, regional and local authorities, the Committee of the Regions, the European Economic and Social Committee, the UNHCR, academics, political parties and many non-governmental organisations. The responses to the Green Paper showed that the interested parties broadly supported a strengthening of practical cooperation on asylum and the setting-up of a support structure for such activities. The preferred option of the Policy Plan on Asylum specifically includes the establishment of a European Asylum Support Office.
In 2008 the Commission commissioned an external study on the feasibility of establishing a support structure for practical cooperation on asylum. For this study a wide consultation of stakeholders was undertaken, including 10 case studies and interviews with more than 50 parties. Two meetings were held, in April and in June 2008, to enable stakeholders to give their views on the tasks to be assigned to the asylum support structure and how it should be organised in institutional terms. The study was completed at the end of 2008. An impact assessment of this proposal has been prepared by the Commission and is attached hereto.
3)
Contents
- Legal elements of the proposal
- Budgetary implications
- 2) Consultation of interested parties and impact assessment
- 5) Additional information
- Chapter II - TASKS OF THE EUROPEAN ASYLUM SUPPORT OFFICE
- Section 1 (Articles 3 to 7): supporting practical cooperation on asylum
- Section 2 (Articles 8 to 10): supporting Member States under particular pressure
- Section 3 (Articles 11 and 12): contributing to the implementation of the Common European Asylum System
- Chapter III - ASYLUM SUPPORT TEAMS
- Chapter IV - ORGANISATION OF THE OFFICE
- Chapter V - FINANCIAL PROVISIONS
- Chapter VI - PROVISIONS ON STAFF
- Chapter VII - GENERAL PROVISIONS
- Summary of the proposed action
The proposal provides for the establishment of a European Asylum Support Office ("the Office") as a regulatory agency, which is an autonomous legal entity set up by the legislative authority to help regulate a particular sector at European level and help implement a Community policy. The work of the Agency will help to improve the way Community rules on asylum are implemented and applied throughout the EU.
The agency will not have decision-making powers and will engage in support activities that act as an incentive to practical cooperation on asylum, such as recommendations, referral to scientific authority, networking and pooling of good practice, evaluation of the application and implementation of rules, etc.
The Office's terms of reference will focus on three major tasks: supporting practical cooperation on asylum, supporting Member States under particular pressure and contributing to the implementation of the Common European Asylum System.
A separate chapter is devoted to the coordination by the Office of asylum support teams made up of asylum experts who will provide operational support to Member States subject to strong pressures on their asylum systems.
It will be important to establish close cooperation between the Office and external stakeholders, in particular the UNHCR, which will be fully involved in the work of the Office in view of the expertise possessed by these external stakeholders in the field of asylum.
The decision on the agency's headquarters will be taken by the Heads of State and Government i.
The Office will be run by a Management Board composed of representatives of the Member States and the Commission, and by an executive committee. The Executive Director of the Office, appointed by the Management Board on a proposal from the Commission, will be in charge of its day-to-day management. 0
- Legal basis
The Office will contribute to the implementation of the Common European Asylum System by developing practical cooperation between Member States on asylum, by providing high- level expertise and by coordinating the necessary measures to assist countries under particular pressure in examining asylum applications. The relevant legal bases are points i and i of Article 63 and Article 66 of the Treaty establishing the European Community. .
- Subsidiarity principle
The subsidiarity principle applies in so far as the proposal does not fall under the exclusive competence of the Community. The objectives of the proposal cannot be sufficiently achieved by the Member States alone and can be better achieved at Community level for a number of reasons. If Member States act alone there is a risk that differences in their treatment of applications for international protection will persist. Given the transnational nature of the issues related to international protection, the Office can help, through the pooling of good practice and organisation of appropriate training, to reduce these differences and discrepancies in the implementation of asylum legislation, which could not be reduced significantly and effectively by national action alone within the framework of practical cooperation as it stands. The proposal therefore complies with the subsidiarity principle.
- Proportionality principle
The proposal complies with the principle of proportionality as the Office will be an agency without decision-making powers whose terms of reference will confine it to activities that support practical cooperation and better implementation of asylum legislation.
- Choice of instruments
Proposed instrument(s): Regulation
Any other instrument would be inappropriate because a regulatory agency is always set up by a founding Regulation to provide for its terms of reference and organisation.
4)
The setting-up of the agency will impact on the Community budget. The financial rules applicable to the Office are derived from Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 i on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the budget of the European Communities i. The Office will be funded from a Community budget line. A financial statement is annexed to the Regulation.
In an effort to streamline expenditure on support for practical cooperation on asylum, and since the European Asylum Support Office will be responsible for a number of tasks that are currently funded under the European Refugee Fund (ERF) i, some of the budgetary resources currently allocated to the ERF for Community actions should be transferred to the Office so as to avoid having various legal instruments providing parallel financing for similar asylum activities.
On the same lines, with a view to consistency between the various legal instruments in the field of asylum, the Commission will look into the possibility of amending Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network i.
- Presentation of the proposal
Chapter I - ESTABLISHMENT AND PURPOSE OF THE EUROPEAN ASYLUM SUPPORT OFFICE
Articles 1 and 2
This chapter sets out in general terms the purpose of the Regulation establishing the Office and the tasks of the Office.
The Office's tasks are broken down into three sections: supporting practical cooperation on asylum, supporting Member States under particular pressure and contributing to the implementation of the Common European Asylum System.
These articles set out the functions of the Office regarding exchanges of good practice, information on the country of origin, support for cooperation between Member States under the Dublin Regulation, support for relocation, support for translation and interpreting, support for training, technical support and support in external matters.
These articles define what is meant by particular pressure and provide for the gathering and analysis of information and for actions to support Member States under pressure (including an early warning system, initial assessment of asylum requests, speedy establishment of appropriate reception facilities by Member States subject to pressure, coordination of asylum support teams), the operating procedures for which are specified in Chapter 3 of this Regulation.
Section 3 (Articles 11 and 12): contributing to the implementation of the Common European Asylum System
These articles lay down the functions of the Office in relation to the gathering and exchange of information, reports and other Office documents (including the annual report on the asylum situation in the EU and general documents on the implementation of Community instruments in the field of asylum, such as guidelines and operating manuals in particular.
Articles 13 to 21
The Office may organise the necessary technical and operational assistance to a Member State or States subject to particular pressure that so requests, and coordinate the deployment, for a limited time, of one or more asylum support teams on the territory of the requesting Member State for the appropriate period of time.
The asylum support teams provide in particular expertise about interpreting services, information on the countries of origin and knowledge of the handling and management of asylum cases.
Articles 22 to 32
These articles provide for the organisation of the institutional structure of the Office and establish the bodies of the Office and its operating procedures. In particular, the administrative and management structure of the Office takes the form of a Management Board, an Executive Director and staff, an Executive Committee and a Consultative Forum.
The UNHCR will be fully involved in the work of the Office through its participation in various decision-making and working bodies of the Office.
The Member States and the Commission are members of the Management Board. Each Member Sate has one vote. The Commission has 2 votes.
Articles 33 to 37
These articles contain the financial and budgetary provisions applicable to the Office. These are standard provisions in a founding act of a regulatory agency.
Articles 38 and 39
These articles contain the provisions on staff applicable to the Office. These are standard provisions in a founding act of a regulatory agency.
Articles 40 to 52
These articles contain the general provisions applicable to the Office. These are standard provisions in a founding act of a regulatory agency.
- Evaluation
Article 45 of the Regulation provides for an evaluation of the Office not later than five years after the entry into force of the Regulation. This evaluation will cover the Office's impact on practical cooperation on asylum and on the Common European Asylum System. It shall, in particular, address the possible need to modify or extend the tasks of the Office, including the financial implications of any such modification or extension. It will also look at whether the management structure is appropriate for carrying out the Office's tasks. The evaluation will take into account the views of stakeholders, at both Community and national levels.