EUROPEAN COMMISSION

Brussels, 12.9.2018

COM(2018) 633 final

2016/0131(COD)

Amended proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010




FMT:ItalicA contribution from the European Commission to the Leaders’ meeting in
FMT:ItalicSalzburg on 19-20 September 2018

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE AMENDED PROPOSAL

•Reasons for and objectives of the amended proposal

This proposal is part of a set of measures, which are a follow-up to the European Council conclusions of 28 June 2018, 1 and whereby the Commission is proposing to reinforce the European Border and Coast Guard and to review the Return Directive and by amending its original proposal for a Regulation on a European Union Agency for Asylum. These proposals are founded on the principles of solidarity and responsibility and will enable Member States to fully rely on the Union's support to manage mixed migratory flows by rapidly processing, including at controlled centres, the cases of third-country nationals applying for international protection or being illegally present on Member States' territories.

In its conclusions, the European Council reconfirmed the importance of relying on a comprehensive approach to migration and considered that migration is a challenge not only for one Member State but for Europe as a whole. In this respect, it highlighted the importance for the Union to provide full support to ensure an orderly management of migration flows. The main principles agreed in the conclusions of European Council have also been further supported by Member States in different fora 2 , with an emphasis put on the need to reinforce the tools of European solidarity. The European Union Agency for Asylum should be a tangible example of European solidarity and it must be able to meet the level of ambition needed for the European Union to have an efficient and effective Common European Asylum System ('CEAS').

The European Union Agency for Asylum must be able to provide full operational support to the Member States where needed and reinforce Member State's capacity to manage the caseload on asylum at the administrative stage of the procedures as well as to handle appeals of asylum cases. This amended proposal for a Regulation on a European Union Agency for Asylum focuses on the provisions concerning the operational and technical assistance to ensure that, at the request of the Member State, the Agency will be able to provide support to the fullest extent possible by carrying out the entire administrative procedure for international protection or parts of it, by assisting with or carrying out the procedure for determining the Member State responsible to examine an application for international protection and by assisting courts or tribunals with the handling of appeals, without prejudice to the competence of Member States to take decisions on individual applications and with full respect for the organisation of the judiciary in each Member State as well as judicial independence and impartiality. 

As a follow-up to the European Council conclusions, the Commission developed the concepts of regional disembarkation arrangements as well as the controlled centres and is working with Member States, relevant Union agencies and other stakeholders to implement these concepts based on a shared effort with full Union support. In this context, and in view of the changes being proposed to the Regulation on the European Border and Coast Guard, the aim of this amended proposal is also to reinforce the elements of cooperation between the European Union Agency for Asylum and the European Border and Coast Guard to reflect the Commission’s proposal amending the Regulation on the European Border and Coast Guard, in particular as regards the deployment of migration management support teams at hotspots and controlled centres. In this respect, the Commission addresses the need to ensure synergies between the procedures for international protection and return through coordination between the national competent authorities and relevant Union agencies.

This amended proposal needs to be addressed in the context of the inter-institutional negotiations on the proposal for a Regulation on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 presented by the Commission on 4 May 2016. 3 Those negotiations have led to a provisional agreement between the European Parliament and the Council on 28 June 2017, which the Commission considers will already significantly strengthen the mandate of the European Union Agency for Asylum (‘the Agency’) compared to the current mandate of the European Asylum Support Office. The adoption of the Regulation on the European Union Agency for Asylum is pending considering on-going discussions on the entire reform of the CEAS. The Commission respects the provisional agreement reached between the European Parliament and the Council on 28 June 2017 and acknowledges the value added of that compromise compared to the current regulation. The Commission considers that this amended proposal should be discussed in the context of the on-going negotiations on the CEAS reform and should be seen as complementing those discussions. This amended proposal should not in any way further delay the adoption of the Regulation on the European Union Agency for Asylum.

The European Council further underlined the need to find a speedy solution to the whole CEAS package and considered that work should be continued with a view to concluding that package as soon as possible. The targeted amendments of this proposal, seen together with the proposals on the European Border and Coast Guard and the Return Directive, are rooted in a comprehensive approach which is necessary to facilitate agreement that strikes the right balance between solidarity and responsibility.

•Consistency with existing policy provisions in the policy area

In April 2016, in response to calls by the European Council, 4 the Commission announced that it would progress towards reforming the Union’s existing framework to ensure a humane and efficient asylum policy and in May and July that year the Commission presented a set of proposals to reform the CEAS. Those proposals included a proposal for a Regulation on the European Union Agency for Asylum. This amending proposal complements the Commission’s original proposal and is coherent with the objective of building an internal policy, which is based on a balance between solidarity and responsibility in view of the European Council Conclusions of June 2018. The reinforced support of the European Union Agency for Asylum is an essential element of solidarity.

•Consistency with other Union policies

This proposal is consistent with the comprehensive long-term policy on better migration management as set out by the Commission in the European Agenda on Migration, which developed President Juncker’s Political Guidelines into a set of coherent and mutually reinforcing initiatives based on four pillars. Those pillars consist of reducing the incentive for irregular migration, securing external borders and saving lives, a strong asylum policy and a new policy on legal migration. This proposal further implements the European Agenda on Migration, more specifically as regards the objective of strengthening the Union’s asylum policy since the European Union Agency for Asylum will ensure a full and coherent implementation of the CEAS. It responds to calls by the European Council in June 2018 to rely on a comprehensive approach to migration which brings together more effective control of the Union’s external border, strengthens external action as well as the internal aspects, in particular those related the CEAS reform.

The revised Framework Financial Regulation 5 for decentralised agencies, including reinforced rules on governance of these agencies in the area of fraud, irregularities, conflict of interest rules and internal control will supplement the rules contained in this proposal

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The legislative proposal is based on Article 78(1) and (2) of the Treaty on the Functioning of the European Union.

•Subsidiarity

The objectives of this proposal are (i) to ensure that Member States can benefit from increased support by the Agency including through its involvement in the procedure for international protection at the administrative stage and in the procedure applicable under Regulation (EU) No XXX/XXX [Dublin Regulation] for them to process applications for international protection swiftly and in a timely manner, allowing for the efficient and orderly functioning of the asylum and reception systems; (ii) to reinforce the elements of cooperation between the European Union Agency for Asylum and the European Border and Coast Guard and (iii) assign the responsibility for proposing the list of candidates for a deputy Executive Director to the Commission. 

•Proportionality

•Choice of the instrument

It is only a regulation that can provide the necessary degree of efficiency and uniformity needed in the application of Union law on asylum. Moreover, having regard to the fact that the original proposal of the Commission was for a regulation on the European Union Agency for Asylum, the same legal instrument is appropriate for this amended proposal.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Fundamental rights

This proposal respects fundamental rights and observes the principles recognised, in particular, by the Charter of Fundamental Rights of the European Union. All activities of the European Union Agency for Asylum shall be carried out in full respect of fundamental rights as enshrined in the Charter, including the right to asylum (Article 18 of the Charter), the protection from refoulement (Article 19 of the Charter), the right to respect for private and family life (Article 7 of the Charter), the right to protection of personal data (Article 8 of the Charter) and the right to an effective remedy (Article 47 of the Charter). The proposal fully takes into account the rights of the child and the special needs of persons in a vulnerable situation.

4.BUDGETARY IMPLICATIONS

This proposal amends the original Commission proposal for a Regulation on the European Union Agency bringing enhanced operational and technical assistance by the Agency to the Member States notably by providing enhanced support regarding the procedure for international protection as well as regarding the implementation of the Dublin Regulation. Moreover, the proposal introduces the possibility of a broader use of the migration management support teams. Additional financial resources are therefore required, allowing the Agency to deploy the necessary asylum support teams (from asylum experts and interim staff to interpreters), as well as technical equipment and infrastructure (for instance Eurodac equipment) for these activities.

The additional financial resources requested equal to EUR 55 million for each year between the years 2019 – 2027. The total financial resources necessary to enable the Agency to fulfil its mission under the proposed expanded mandate amount to EUR 320,8 million for the period 2019-2020 and EUR 1,25 billion for the period 2021-2027.

For the Agency to carry out its new tasks effectively no new posts are foreseen, compared to the original Commission proposal, which envisaged a gradual increase in the Agency’s staff to 500 Full Time Equivalents in 2020, as most of the new activities proposed would be covered by the deployment of additional asylum support teams.

The financial needs are compatible with the current multiannual financial framework and may entail the use of special instruments as defined in the Council Regulation (EU, Euratom) No 1311/2013. The EU contribution requested for the 2021-2027 period can be financed within the ceilings set out in the MFF proposal of 2 May 2018.

5.OTHER ELEMENTS

•Detailed explanation of the specific provisions of the proposal

This proposal amending the original Commission proposal for a Regulation on the European Union Agency for Asylum takes into account the inter-institutional negotiations and the provisional agreement reached between the European Parliament and the Council on 28 June 2017. Based on that provisional agreement the Agency will be able to increase operational and technical assistance to Member States, particularly those subject to disproportionate pressure, including through the establishment of the asylum reserve pool of 500 experts from Member States to allow for rapid deployment. As part of the operational and technical assistance that can be provided by the Agency, it will facilitate the examination of the applications for international protection and assist Member States with the procedure for international protection. It will also be possible for the Agency to intervene in a Member State based on a Council implementing decision where there is disproportionate pressure placing exceptionally heavy and urgent demands on the asylum and reception systems of a Member State and where no action or insufficient action is taken or where the Member State concerned does not comply with the Commission’s recommendations following a monitoring exercise. The Agency will improve the functioning of the CEAS through its task of regularly monitoring Member States’ operational and technical application of the CEAS to prevent or identify possible shortcomings and provide relevant support.

This amended proposal consists of targeted amendments whereby the Commission proposes to replace two articles of its original proposal, namely Article 16 on operational and technical assistance and Article 21 on migration management support teams. It also proposes to introduce a new article, namely Article 16a on enhanced assistance with the procedure for international protection and the Dublin procedure. Furthermore, changes are being proposed to Article 47 regarding the appointment of the Deputy Executive Director.

As regards Article 16 concerning the operational and technical assistance that the Agency can provide to Member States, in its amending proposal the Commission includes the text of the provisional agreement reached between the European Parliament and the Council. In this way, the amended proposal sets out all the situations and conditions under which operational and technical assistance can be provided by the Agency, namely at the request of the Member State concerned, upon the initiative of the Agency with the agreement of the Member State concerned or based on a Council implementing decision. This amended proposal also details the tasks that the Agency can carry out when providing operational and technical assistance by taking up those tasks that were defined by the provisional agreement in Articles 16 and 21 of that agreement. In addition, the tasks in Article 16 are further adapted to address the introduction of Article 16a on enhanced assistance with the procedure for international protection and the Dublin procedure as well as the changes to Article 21 on migration management support teams.

The new Article 16a is the focus of this amended proposal and provides for the possibility for a Member State, upon its request, to benefit from increased support of the Agency, including its involvement in the entire or parts of procedure for international protection at the administrative stage and in the procedure applicable under Regulation (EU) No XXX/XXX [Dublin Regulation]. This would enable Member States to process applications for international protection swiftly and in a timely manner allowing for the efficient and orderly functioning of their asylum and reception systems. In this respect, the Agency would be able at the request of the national competent authority to prepare decisions on applications for international protection and provide those decisions to the national competent authorities who will then take the decision on the individual applications and have full responsibility for processing this request. The Agency would also be able to support Member States with handling their appeals in asylum cases by, among others, performing legal research, producing reports and analysis and providing other legal support at the request of the courts or tribunals with full respect of judicial independence and impartiality.

As regards the changes to Article 21 on migration management support teams, the Commission is proposing a new article to replace the one in its original proposal to ensure coherence with its proposal for a Regulation on the European Border and Coast Guard which is being presented with this amended proposal. The Commission proposes to broaden the scope for triggering the use of migration management support teams – their deployment is subject to a request from the Member State but it is no longer limited to circumstances of disproportionate migratory challenges. With the amended proposal, the Commission is in charge of the coordination on the ground, as already reflected in the provisional agreement between the European Parliament and the Council, as well as the coordination of the requests from Member States and the assessment of needs. This would ensure coherence between the different actions by the relevant Union agencies as well as economy of resources of the Agencies and the Member States.

Regarding Article 47, the Commission is proposing that the responsibility for proposing the list of candidates for a deputy Executive Director to the Agency’s Management Board should be borne by the Commission instead of the Executive Director. This change, bringing back what was proposed in the original proposal of the Commission, is introduced to provide consistency with the procedure for the appointment of the Executive Director and thus to better align the Agency's governance framework with the principles of the common approach on Union decentralised agencies adopted on 12 July 2012 by the European Parliament, the Council and the Commission. This is also consistent with the approach being taken by the Commission in the proposal for a Regulation on the European Border and Coast Guard.

Where the co-legislators agree and incorporate the changes proposed by the Commission in this amended proposal, coherence with the other articles of the proposal for a Regulation on the European Agency for Asylum concerning the procedure for providing operational and technical assistance, the operational plan and the deployment of the asylum support teams, and data protection provisions, as well as other related instruments, in particular the proposals on the Asylum Procedure Regulation and the Dublin Regulation, will need to be ensured, and articles and recitals will need to be renumbered.

2016/0131 (COD)

Amended proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010




A contribution from the European Commission to the Leaders’ meeting in
Salzburg on 19-20 September 2018

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(1) and (2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)    The following recitals are inserted after recital (20):

“(1)In June 2018, the European Council reconfirmed the importance of relying on a comprehensive approach to migration and considered that migration is a challenge not only for one Member State but for Europe as a whole. In this respect, it highlighted the importance for the Union to provide full support to ensure an orderly management of migration flows, notably through rapid processing to ensure access to protection of those in need, with swift returns for those who are not, including through controlled centres. Therefore, the Union should be able to provide the Member States concerned with full financial and operational support through the relevant Union Agencies including the European Union Agency for Asylum.

(2)In this respect, at the request of a Member State, it should be possible for the Agency to provide an even more reinforced operational and technical assistance by carrying out the entire procedure for international protection or parts of that procedure at the administrative stage and assist with the procedure applicable under Regulation (EU) No XXX/XXX [Dublin Regulation], without prejudice to the competence of Member States to take decisions on individual applications.

(3)The Agency’s involvement in the procedure for international protection and in the procedure applicable under Regulation (EU) No XXX/XXX [Dublin Regulation] would ensure that Member States receive all the required support to process applications for international protection swiftly and in a timely manner allowing for the efficient and orderly functioning of the asylum and reception systems. For that purpose, the Agency should also be able to assist national competent authorities at the administrative stage of the procedure with preparing decisions on applications for international protection. Those national competent authorities should be able to take into account the draft decisions prepared by the Agency without prejudice to their competence to take decisions on individual applications.

(4)The Agency and the European Border and Coast Guard Agency should cooperate closely in order to address effectively the migratory challenges, in particular at external borders characterised by often large inward mixed migratory flows. In particular, both Agencies should coordinate their activities and support Member States to facilitate the procedure for international protection and the return procedure with regard to third country nationals whose applications for international protection have been rejected or who are otherwise illegally present in the Member States. The Agency and the European Border and Coast Guard Agency should also closely cooperate in other common operational activities such as shared risk analysis, collection of statistical data, training and support to Member States on contingency planning.

(5)Member States should be able to rely on increased operational and technical reinforcement by migration management support teams in particular at hotspot areas or controlled centres. The migration management support teams should be composed of teams of experts from Member States deployed by the Agency, the European Border and Coast Guard Agency and Europol or other relevant Union agencies, as well as experts from the staff of the Agency and the European Border and Coast Guard Agency. The Commission should ensure the necessary coordination in the assessment of needs and of the operations on the ground notably in view of the involvement of several Union agencies and possibly other stakeholders.

(6)In this regard, the Agency should be able to deploy the adequate infrastructure and technical equipment necessary for the asylum support teams and to assist the competent national authorities, including the judiciary.

(7)In hotspot areas or controlled centers, the Member States should cooperate with relevant Union agencies, which should act within their respective mandates and powers, and under the coordination of the Commission.

(8)In these cases, the Union agencies should, at the request of the Member State and under the coordination of the Commission, act in support of the host Member State to apply rapid procedures for international protection and/or return. It should be possible to distinguish quickly between third-country nationals in need of international protection and those who are not in need of such protection, to carry out security checks and to carry out the entire or part of the procedure for international protection and/or return.

(9)It should be possible for Member States to request the assistance of the Agency not only to reinforce their national administrations but also to assist the courts and tribunals dealing with asylum cases, without prejudice to judicial independence and with full respect for the organisation of the judiciary in each Member State. For that purpose, when defining the profiles of the experts, the Agency should foresee profiles for experts who are independent of the national administrative authorities and who are able to assist the courts or tribunals upon their request to perform, among others, legal research, analysis and other legal support.

(2) The following recitals are inserted after recital (42):

“(1)Another objective of this Regulation is to ensure that Member States, at their request and according to their needs, can benefit from increased support of the Agency including its involvement in the procedure for international protection and in the procedure applicable under Regulation (EU) No XXX/XXX [Dublin Regulation] for them to process applications for international protection swiftly and in a timely manner allowing for the efficient and orderly functioning of the asylum and reception systems and to reinforce the elements of cooperation between the European Union Agency for Asylum and the European Border and Coast Guard. 

(2)Since that objective cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at the level of the Union, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.”

HAVE ADOPTED THIS REGULATION:

(3) Article 16 is replaced by the following:

“Article 16

Operational and technical assistance by the Agency

1. The Agency shall provide operational and technical assistance to Member States in accordance with this Chapter:

(a) at the request of the Member State concerned to the Agency with regard to the implementation of its obligations under the CEAS;

(b) at the request of the Member State concerned to the Agency in accordance with Article 16a;

(c) at the request of the Member State concerned to the Agency where its asylum or reception systems are subject to disproportionate pressure;

(d) at the request of the Member State concerned to the Agency in accordance with Article 21;

(e) upon the initiative of the Agency where a Member State’s asylum or reception systems are subject to disproportionate pressure, and with the agreement of the Member State concerned;

(f) where the Agency provides operational and technical assistance in accordance with Article 22.

2. The Agency shall organise and coordinate, for a limited period of time, the appropriate operational and technical assistance which may entail taking one or more of the following operational and technical measures in full respect of fundamental rights:

(a) identify and register third-country nationals, take their biometric data and inform them of those procedures, as appropriate, in close cooperation with other Union Agencies;

(b) assist with and carry out the registration of applications for international protection;

(c)provide initial information to third-country nationals who wish to make an application for international protection and refer them to the competent national authorities;

(d) facilitate assist with the examination of applications for international protection that are under examination by the competent national authorities or provide them with other necessary assistance in the procedure for international protection, in particular by;

(i)    assisting with or carrying out the admissibility interview and the substantive interview, as applicable, and the interview for determining the Member State responsible;

(ii)    registering the application for international protection in the automated system referred to in Regulation (EU) No XXX/XXX [Dublin Regulation];

(c)    provide assistance to competent national authorities responsible for the examination of the application for international protection;

(iii)    assisting with the provision of information to applicants on the procedure for international protection procedure and with regard to reception conditions as appropriate; 

(iv)    assisting with the provision of information on allocation and providing the necessary assistance to applicants that could be subject to allocation;

(e)    facilitate Member States’ joint initiatives by technical cooperation Member States in the processing of applications for international protection;

(f)    advise, and coordinate assist or coordinate the setting up or the provision of reception facilities by the Member States, in particular emergency accommodation, transport and medical assistance;

(g)    assist with the tasks and obligations set out in Regulation (EU) No XXX/XXX [the Dublin Regulation], including by carrying out or coordinating the allocation or transfer of applicants or beneficiaries of international protection within the Union;

(h)    assist with the procedures applicable under Regulation (EU) No XXX/XXX [Dublin Regulation];

   (i)    provide interpretation services;

(j)     assist Member States in ensuring that all the necessary child rights and child protection safeguards are in place, in particular as regards unaccompanied minors;

(k)    assist Member States in identifying applicants in need of special procedural guarantees or applicants with special reception needs, or other persons in a vulnerable situation, including minors, as well as in referring those persons to the competent national authorities for appropriate assistance on the basis of national measures, and in ensuring that all the necessary safeguards for those applicants are in place;

(l)    assist with or support the coordination between relevant national authorities to follow-up on the procedure for international protection with possible return procedures in case of a negative final decision;

(m)    prepare decisions on applications for international protection without prejudice to the competence of the national competent authority to take decisions on individual applications;

(n)    assist with handling appeals by, among others, performing legal research, analysis and other legal support;

(o)    form part of the migration management support teams at hotspot areas referred to in Regulation 2016/1624 Article 21, in close cooperation with other relevant Union Agencies;

(p)    deploy asylum support teams;

(q)    advise where appropriate, and deploy the adequate infrastructure and technical equipment necessary for the asylum support teams and to assist the competent national authorities, including the judiciary.

3.    The Agency shall finance or co-finance the activities set out in paragraph 1 2 from its budget in accordance with the financial rules applicable to the Agency.

4.    The Executive Director shall evaluate the result of the operational and technical measures and shall transmit detailed evaluation reports in accordance with the reporting and evaluation scheme provided for in the operational plan to the Management Board within 60 days from the end of the provision of those measures, together with the observations of the Fundamental Rights Officer. The Agency shall make a comprehensive comparative analysis of those results, which shall be included in the annual activity report referred to in Article 65.”

(4) The following new Article 16a is inserted:

“Article 16a

Enhanced assistance with the procedure for international protection and the Dublin procedure

1. A Member State may request the Agency to provide it with enhanced assistance to assist it with the implementation of its policy on asylum including of its obligations under the CEAS. For that purpose, the Agency shall deploy asylum support teams, including from the asylum reserve pool as appropriate, to:

(a)carry out the entire procedure or parts of the procedure for international protection at the administrative stage in accordance with Regulation (EU) No XXX/XXX [Asylum Procedure Regulation], without prejudice to the competence of Member States to take decisions on individual applications and/or;

(b)assist with the swift implementation of or carry out procedures applicable under Regulation (EU) No XXX/XXX [Dublin Regulation], and/or;

(c)assist with the handling of appeals regarding the procedures referred to in points (a) and (b).

2.For the purposes of point (a) of paragraph 1, the experts from the asylum support teams shall, as appropriate:

(a)provide information to applicants on the procedure for international protection and with regard to reception conditions, as applicable;

(b)register applications for international protection;

(c)take biometric data and transmit that data in accordance with Article 10 of Regulation (EU) No XXX/XXX [Eurodac Regulation];

(d)assist applicants with lodging their application for international protection;

(e)identify and assess any needs for special procedural guarantees or any special reception needs;

(f)carry out the admissibility interview and the substantive interview, as applicable;

(g)assess the evidence related to applications for international protection;

(h)prepare decisions on applications for international protection and provide those decisions to the competent national authorities, who would be responsible for taking decisions on individual applications in accordance with the basic principles and guarantees provided for in Regulation No (EU) XXX/XXX [Asylum Procedure Regulation];

(i)assist with or support the coordination between relevant national authorities to follow-up on the procedure for international protection with possible return procedures in case of a negative final decision.

3.For the purposes of point (b) of paragraph 1, the experts from the asylum support teams shall, as appropriate:

(a)register the application for international protection in the automated system referred to in Regulation (EU) No XXX/XXX [Dublin Regulation];

(b)provide information to the applicants on the procedures applicable under Regulation (EU) No XXX/XXX [Dublin Regulation];

(c)carry out the interview for determining the Member State responsible for the examination of an application for international protection;

(d)carry out family tracing and matching with the Member State responsible for examining the application for international protection;

(e)determine which applicants are eligible for allocation or transfer;

(f)assist with, carry out or coordinate the allocation or transfer of applicants for international protection or beneficiaries of international protection;

(g)assist with or carry out the procedure for determining which Member State is responsible for examining an application for international protection;

(h)assist with or carry out take charge procedures and take back notifications in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].

4. For the purposes of point (c) of paragraph 1, the experts from the asylum support teams shall, as appropriate, assist the courts or tribunals upon their request and with full respect of judicial independence and impartiality with handling appeals by, among others, performing legal research, analysis and other legal support.

5.The Agency shall ensure the provision of translation of relevant documents as well as the necessary interpretation.”

(5) Article 21 is replaced by the following:

“Article 21

Migration Management Support Teams

1.Where a Member State requests operational and technical reinforcement by migration management support teams as referred to in Article 17 of Regulation No XXX/XXX or where migration management support teams are deployed at hotspot areas as referred to in Article 18 of Regulation No XXX/XXX, the Executive Director shall ensure coordination of the Agency's activities in the migration management support teams with the Commission and with other relevant Union agencies, in particular, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States. 2.

2.The Executive Director shall, as appropriate, launch the procedure for deployment of asylum support teams or experts from the asylum intervention pool in accordance with Articles 17 and 18. The operational and technical reinforcement provided by the asylum support teams or experts from the asylum intervention pool in the framework of the migration management support teams may include:

(a) the screening of third-country nationals, including their identification, registration, and where requested by Member States, their fingerprinting;

(b) the registration of applications for international protection and, where requested by Member States, the examination of such applications;

(c) the provision of information on asylum procedures, including relocation and specific assistance to applicants or potential applicants that could be subject to relocation.

1.Migration management support teams may be deployed at the request of a Member State, or upon the initiative of the Agency and with the agreement of the Member State concerned, to provide technical and operational reinforcement to that Member State.

2.Migration management support teams shall be composed of asylum support teams, operational staff from the European Border and Coast Guard standing corps, as well as experts from Europol or other relevant Union agencies.

3.The Member State referred to in paragraph 1 shall submit a request for reinforcement by the migration management support teams and an assessment of its needs to the Commission. The Commission shall, based on the assessment of needs of that Member State, transmit the request to the Agency, to the European Border and Coast Guard Agency, to Europol and to other relevant Union agencies, as appropriate and it shall ensure the overall coordination of that assessment.

4.The relevant Union agencies shall, under the coordination of the Commission, assess a Member State's request for reinforcement and needs so as to define the necessary measures, including the deployment of technical equipment, to be agreed upon by the Member State concerned.

5.The Commission shall, in cooperation with the host Member State and the relevant Union agencies, establish the terms of cooperation for the deployment of the migration management support teams as well as the deployment of technical equipment, and be responsible for the coordination of the activities of those teams.

6. The asylum support teams deployed by the Agency in the framework of the migration management support teams may carry out the tasks referred to in Article 16(2) and 16a .

7.Migration management support teams shall, where necessary, include staff with expertise in child protection, trafficking in human beings, fundamental rights, gender equality and protection against gender-based violence.”

(6) Article 47 is replaced by the following:

Article 47
Deputy Executive Director

1. A Deputy Executive Director shall assist the Executive Director in the management of the Agency and in the performance of his or her tasks as referred to in Article 46(5). If the Executive Director is absent or indisposed, the Deputy Executive Director shall take his or her place.

2. The Deputy Executive Director shall be appointed by the Management Board on a proposal of the Executive Director from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The Deputy Executive Director shall be appointed on the grounds of merit and appropriate administrative and management skills, including relevant professional experience in the field of migration and asylum. The Executive Director Commission shall propose at least three candidates for the post of the Deputy Executive Director. The Management Board shall have the power to extend the term of office or to remove the Deputy Executive Director from office acting on the proposal from the Executive Director Commission. The provisions of Article 45 (1), (4), (5), (7), (8) and (9) shall apply to the Deputy Executive Director.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels,

LEGISLATIVE FINANCIAL STATEMENT

1.FRAMEWORK OF THE PROPOSAL

1.1.Title of the proposal

1.2.Policy area concerned in the ABM/ABB structure

1.3.Nature of the proposal

1.4.Objectives

1.5.Grounds for the proposal

1.6.Duration and financial impact

1.7.Management modes planned

2.MANAGEMENT MEASURES

2.1.Monitoring and reporting rules

2.2.Management and control system

2.3.Measures to prevent fraud and irregularities

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL

3.1.Heading of the multiannual financial framework and expenditure budget line affected

3.2.Estimated impact on expenditure 

3.2.1.Summary of estimated impact on expenditure

3.2.2.Estimated impact on operational appropriations

3.2.3.Estimated impact on appropriations of an administrative nature

3.2.4.Compatibility with the current multiannual financial framework

3.2.5.Third-party contributions

3.3.Estimated impact on revenue

LEGISLATIVE FINANCIAL STATEMENT

1.FRAMEWORK OF THE PROPOSAL

1.1.Title of the proposal

1.2.Policy area concerned in the ABM/ABB structure 6  

1.3.Nature of the proposal

◻ The proposal relates to a new action 

◻ The proposal relates to a new action following a pilot project/preparatory action 7  

☑ The proposal relates to the extension of an existing action 

◻ The proposal relates to an action redirected towards a new action 

1.4.Objective

1.4.1.The Commission's multiannual strategic objective targeted by the proposal

1.4.2.Specific objectives and ABM/ABB activities concerned

1.4.3.Expected results and impact

Specify the effects which the proposal should have on the beneficiaries/groups targeted.

1.4.4.Indicators of results and impact

Specify the indicators for monitoring implementation of the proposal.

1.5.Grounds for the proposal

1.5.1.Requirements to be met in the short or long term

1.5.2.Added value of EU involvement

1.5.3.Lessons learned from similar experiences in the past

1.5.4.Compatibility and possible synergy with other appropriate instruments

1.6.Duration and financial impact

◻ Proposal of limited duration

–◻    Proposal in effect from [DD/MM]YYYY to [DD/MM]YYYY

–◻    Financial impact from YYYY to YYYY

☑ Proposal of unlimited duration

–Implementation with a start-up period from YYYY to YYYY,

–followed by full-scale operation.

1.7.Management mode planned 8  

◻ Direct management by the Commission

–◻ by its departments, including by its staff in the Union delegations;

–◻    by the executive agencies

◻ Shared management with the Member States

☑ Indirect management by entrusting budget implementation tasks to:

–◻ third countries or the bodies they have designated;

–◻ international organisations and their agencies (to be specified);

–◻the EIB and the European Investment Fund;

–☑ bodies referred to in Articles 208 and 209 of the Financial Regulation;

–◻ public law bodies;

–◻ bodies governed by private law with a public service mission to the extent that they provide adequate financial guarantees;

–◻ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that provide adequate financial guarantees;

–◻ persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

–If more than one management mode is indicated, please provide details in the ‘Comments’ section.

Comments

2.MANAGEMENT MEASURES

2.1.Monitoring and reporting rules

Specify frequency and conditions.

2.2.Management and control system

2.2.1.Risks identified

2.2.2.Control methods envisaged

2.3.Measures to prevent fraud and irregularities

Specify existing or envisaged prevention and protection measures.

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL

3.1.Heading of the multiannual financial framework and expenditure budget line affected

·Existing budget lines

In order of multiannual financial framework headings and budget lines.

* EASO receives contributions from Schengen Aassociated Countries

·New budget lines requested for MFF 2021-2027

·There is no need to request a new budget line in MFF 2014-2020 but budget line 18 03 02 should be renamed accordingly

In order of multiannual financial framework headings and budget lines.

3.2.Estimated impact on expenditure

EUR 55 million increase as from 2019 up to 2027 compared to the LFS version accompanying the Commission Proposal COM(2016) 271 final of 4.5.2016.

The purpose of the increase is to double the funds available for expenditure related to operational support (budget line 33 in the budget of the Agency) for the following activities:

1) Reinforced technical and operational assistance to MS for the management of the asylum and reception systems, including enhanced support in the area of international protection procedure to ensure swift processing in a timely manner allowing for the efficient and orderly functioning of the asylum and reception systems and to assist MS with the Dublin procedure.

2) Enhanced activities in support of the host Member State to ensure rapid processing by carrying out the entire or part of the administrative procedure for international protection including in the controlled centres and to assist the judiciary in handling of appeals.

Approximately 500.000 cases (asylum seekers) a year are estimated for the next decade covering all EU countries (currently, after eight months 382.000 asylum seekers cases have been received in the EU in 2018). For Greece and Italy, around 120.000 cases a year are expected, of which 60.000 in Greece and 60.000 in Italy. In Greece, there are on average of 15.000 cases in the islands to be processed. EASO is currently dealing only with a portion of these islands’ cases and does not yet provide similar support on the mainland as requested by Greece. More generally, the impact of EASO helping MS on the treatment of all cases is at this moment limited. The purpose of the amended regulation is to extend the capacity and areas of EASO to further support the MS, in particular the frontline MS (e.g. GR and IT), including through the concept of Controlled Centres, as requested by the European Council Conclusions of 28 June.

3.2.1.Summary of estimated impact on expenditure

EUR million (to three decimal places)

EUR million (to three decimal places)

EUR million (to three decimal places)

EUR million (to three decimal places)

EUR million (to three decimal places)

3.2.2.Estimated impact on the appropriations of the European Union Agency for Asylum

–◻    The proposal does not require the use of operational appropriations

–☑    The proposal requires the use of operational appropriations, as explained below:

MFF 2014-2020* (Commitment appropriations in EUR)

* This table outlines only operational expenditure as per Title 3    

MFF 2021-2027*

Commitment appropriations in EUR

* This table outlines only operational expenditure as per Title 3    

3.2.3.Estimated impact on appropriations of an administrative nature

3.2.3.1.Summary

–◻    The proposal does not require the use of appropriations of an administrative nature

–☑    The proposal requires the use of appropriations of an administrative nature, as explained below:

The requested number of staff for the Agency remains as requested in the original Commission proposal of 4 May 2016, i.e. a gradual increase to 500 FTE in 2020.

EUR million (to three decimal places)

* This table shows the staff already requested in the Commission Proposal COM(2016) 271 final of 4.5.2016. As from 2021 and onwards, no staff additions are requested.

3.2.3.2.Estimated requirements of human resources

–◻    The proposal does not require the use of human resources.

–☑    The proposal requires the use of human resources, as explained below:

Estimate to be expressed in full time equivalent units

XX is the policy area or budget title concerned.

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

3.2.4.Compatibility with the current multiannual financial framework

–☑    The proposal is compatible the current multiannual financial framework but may entail the use of special instruments as defined in the MFF Regulation.

–◻    The proposal will entail reprogramming of the relevant heading in the multiannual financial framework.

–◻    The proposal requires application of the flexibility instrument or revision of the multiannual financial framework 12 .

3.2.5.Third-party contributions

–◻ The proposal does not provide for co-financing by third parties.

–☑ The proposal provides for the co-financing estimated below:

Appropriations in EUR million (to three decimal places)

Estimated impact on revenue

–☑    The proposal has no financial impact on revenue.

–◻    The proposal has the following financial impact:

–◻    on own resources

–◻    on miscellaneous revenue

EUR million (to three decimal places)

For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected.

Specify the method for calculating the impact on revenue.

(1)    EUCO 28.06.2018.

(2)    Meseberg declaration of Germany and France "Renewing Europe’s promises of security and prosperity", 19 June 2018.

(3)    COM(2016) 271 final.

(4)    EUCO 19.02.2016.

(5)    [references to be introduced once the new Framework Financial Regulation (delegated act) is adopted; adoption foreseen by the end of the year]

(6)    ABM: activity-based management; ABB: activity-based budgeting.

(7)    As referred to in Article 54(2)(a) or (b) of the Financial Regulation.

(8)    Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html

(9)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

(10)    AC= Contract Staff; AL = Local Staff; END= Seconded National Expert; INT = agency staff; JED= Junior Experts in Delegations.

(11)    Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).

(12)    See Articles 11 and 17 of Council Regulation (EU, EURATOM) No 1311/2013 laying down the multiannual financial framework for years 2014-2020.

(13)    As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 25 % for collection costs.