Explanatory Memorandum to COM(2013)870 - Signing of the Arrangement with Switzerland on the modalities of its participation in the European Asylum Support Office - Main contents
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| dossier | COM(2013)870 - Signing of the Arrangement with Switzerland on the modalities of its participation in the European Asylum Support Office. |
|---|---|
| source | COM(2013)870  |
| date | 10-12-2013 |
Regulation (EU) No 439/2010 established the European Asylum Support Office i to strengthen practical cooperation between Member States on asylum, enhance the implementation of the Common European Asylum System and support Member States whose asylum and reception systems are under particular pressure.
Recital 24 of the Regulation foresees that 'to fulfil its purpose, the Support Office should be open to participation by countries which have concluded agreements with the Union by virtue of which they have adopted and apply law of the Union in the fields covered by this Regulation, in particular Iceland, Liechtenstein, Norway and Switzerland'. These countries are referred to as the 'associate countries'.
Accordingly, Article 49 i of the Regulation stipulates that "the Support Office shall be open to the participation of Iceland, Liechtenstein, Norway and Switzerland as observers. Arrangements shall be made, specifying in particular the nature, extent and manner in which those countries are to participate in the Support Office's work. Such arrangements shall include provisions relating to participation in initiatives undertaken by the Support Office, financial contributions and staff. As regards staff matters, those arrangements shall, in any event, comply with the Staff Regulations."
The participation of associate countries in the Support Office's work is not only a logical step, having regard to their association to the Dublin system, but also has a clear added value to the Support Office's support offer such as: the exchange of best practices and expertise, the Support Office's permanent and emergency support, the Support Office's information gathering and analysis, the Support Office's early warning and preparedness system.
On that basis the Commission presented on 1 July 2011 a recommendation to the Council in order to authorise the Commission to open negotiations with Iceland, Norway, Switzerland, and Liechtenstein on international agreements establishing such arrangements.
The Commission received the Council authorisation to open negotiations with Iceland, Norway, Switzerland, and Liechtenstein on arrangements on the modalities of these countries’ participation in EASO on 27 January 2012.
The negotiations were held jointly with all associate countries. Four rounds of negotiations took place. The final text of the draft Arrangement with Switzerland was initialled on 28 June 2013.
Member States have been informed and consulted in the relevant Council Working Groups.
On the part of the Union, the legal basis for the Arrangement is Articles 74 and 78 i and i in conjunction with Article 218 of the TFEU.
The attached proposal constitutes the legal instrument for the signature of the Arrangement. The Council will decide by qualified majority.
2. RESULTS OF NEGOTIATIONS
The Commission considers that the objectives set by the Council in its negotiating directives were attained and that the draft Arrangement is acceptable to the Union.
The final content of it can be summarised as follows:
The draft Arrangement foresees the full participation of Switzerland in the activities of the Support Office [Article 1], representation in the Support Office's Management Board as an observer and without voting rights [Article 2], annual financial contributions of Switzerland, to the budget of the Support Office by an annual sum calculated in accordance with its GDP as a percentage of GDP of all States participating in the Support Office's work [Article 3 and Annex I].
In addition Switzerland accepted provisions concerning a possible increased contribution if the Union contribution is increased [Article 3 and Annex I];
Furthermore the draft Arrangement foresees the establishment of a committee composed of representatives of the Commission and of the associate countries. For reasons of efficiency, this committee shall meet jointly with the corresponding Committees set up with other associated countries participating on the basis of Article 49 i of the Regulation. The committee was not mentioned in the negotiating directives and has been requested by the associate countries in order to allow for an exchange of information and monitor the proper implementation of the Arrangement [Article 11].
Article 3 and Annex I of the draft Arrangement describe the provisions related to the annual financial contributions of Switzerland to the budget of the Support Office and their possible adaptation to the situation described as per Annex I.
4. CONCLUSION
In light of the above-mentioned results, the Commission proposes that the Council decides that the Arrangement between the European Union and the Swiss Confederation on the modalities of its participation in the European Asylum Support Office be signed on behalf of the Union and to authorise the Commission to appoint the person(s) duly empowered to sign on behalf of the Union.