Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions - Policy plan on asylum - An integrated approach to protection across the EU {SEC(2008) 2029} {SEC(2008) 2030}
Date: 2008-06-17
Institutions: European Commission
Subjects: admission of aliens, approximation of laws, fundamental rights, refugee, right of asylum, social policy

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.6.2008 
COM(2008) 360 final 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN 
ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF REGIONS 

POLICY PLAN ON ASYLUM 
AN INTEGRATED APPROACH TO PROTECTION ACROSS THE EU 

{SEC(2008) 2029} 
{SEC(2008) 2030} 

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1. 

INTRODUCTION 

1.1. 

Background 

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 
orientations given by the Tampere European Council. During the first phase of the CEAS 
(1999-2005), the goal was to harmonise Member States' legal frameworks on the basis of 
common minimum standards.1 

The Hague Programme set as the aims of the CEAS in its second phase the establishment 
of a common asylum procedure and a uniform status for those who are granted asylum or 
subsidiary  protection,  as  well  as  strengthening  practical  cooperation  between  national 
asylum administrations and the external dimension of asylum.  

The  Commission  considered  that,  before  proposing  any  new  initiative,  an  in-depth 
reflection  and  debate  with  all  the  relevant  stakeholders  on  the  future  architecture  of  the 
CEAS was also necessary. It therefore presented a Green Paper in June 2007, which aimed 
at identifying possible options for shaping the second phase of the CEAS. The response to 
the public consultation included 89 contributions from a wide range of stakeholders.2 The 
issues  raised  and  the  suggestions  put  forward  during  the  consultation  have  provided  the 
basis for the preparation of this Policy Plan. 

Building on the existing and future legal framework, this Policy Plan defines a road-map 
for  the  coming  years  and  lists  the  measures  that  the  Commission  intends  to  propose  in 
order to complete the second phase of the CEAS. 

The entry into force of the Treaty of Lisbon (hereafter, the Treaty on the Functioning of the 
European  Union  'TFEU')  will  modify  the  legal  framework  in  asylum  policy.  The  Policy 
Plan  will  therefore  be  implemented  under  two  different  legal  frameworks:  the  existing 
Treaty  provisions  and  those  of  the  TFEU.  Under  both  regimes,  the  Geneva  Convention3 
plays a fundamental role. 

This possible modification of the legal basis will have an impact on the time-frame for the 
presentation of the proposals outlined in this Policy Plan This will mean that the deadline 
for  the  completion  of  the  second  phase  of  the  CEAS  might  have  to  be  rescheduled, 
possibly for 2012. A roadmap of the initiatives can be found in Annex I. 

1.2. 

Trends 

Three important trends can be identified from an analysis of available statistical data These 
trends and their implications for future developments in asylum policy are further analysed 
in the Impact Assessment attached to this Policy Plan. 

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3 

All relevant legislative instruments and policy documents are listed in Annex II. 
Available at 
http://ec.europa.eu/justice_home/news/consulting_public/gp_asylum_system/news_contributions_asylum_syst
em_en.htm  
All  references  to  the  Geneva  Convention  are  understood  to  be  to  the  1951  Convention  on  the  Status  of 
Refugees and its 1967 Protocol 

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Firstly, the historically low levels of asylum applications in most Member States mean that 
most Member States' asylum  systems are  currently under  less  pressure than  in the recent 
past (though some border States have witnessed an increase in the asylum flows resulting, 
notably,  from  their  geographical  position).  This  appears  to  be  the  right  moment  to 
concentrate efforts on improving their quality. 

Secondly,  the  differences  in  decisions  to  recognise  or  reject  asylum  requests  from 
applicants from the same countries of origin point to a critical flaw in the current CEAS: 
even after some legislative harmonisation at EU level has taken place, a lack of common 
practice, different traditions and diverse country of origin information sources are, among 
other reasons, producing divergent results. This is creating secondary movements and goes 
against the principle of providing equal access to protection across the EU. 

Thirdly, when looking at positive decisions, an ever-growing percentage of applicants are 
granted  subsidiary  protection  or  other  kinds  of  protection  status  based  on  national  law, 
rather than refugee status according to the Geneva Convention. This is probably due to the 
fact  that  an  increasing  share  of  today's  conflicts  and  persecutions  are  not  covered  by  the 
Convention.  It  will  therefore  be  important  during  the  second  phase  of  the  CEAS  to  pay 
particular attention to subsidiary and other forms of protection. 

2. 

THE OVERARCHING OBJECTIVES OF THE CEAS  

A genuinely coherent, comprehensive and integrated CEAS should: 

–  ensure  access  for  those  in  need  of  protection:  asylum  in  the  EU  must  remain 
accessible.  Legitimate  measures  introduced  to  curb  irregular  migration  and  protect 
external borders should avoid preventing refugees' access to protection in the EU while 
ensuring  a  respect  for  fundamental  rights  of  all  migrants.  This  equally  translates  into 
efforts to facilitate access to protection outside the territory of the EU; 

–  provide for a single, common procedure for reasons of efficiency, speed, quality and 

fairness of the decisions; 

–  establish uniform statuses for asylum and for subsidiary protection, which share most 

rights and obligations, whilst allowing for justified differences in treatment; 

–  incorporate  gender  considerations  and  take  into  account  the  special  needs  of 

vulnerable groups; 

–  increase practical cooperation in order to develop, inter alia, common training, as well 
as jointly assessing Country of Origin Information and organising support for Member 
States experiencing particular pressures; 

–  determine  responsibility  and  support  solidarity:  the  CEAS  must  include  rules  on  the 
determination of the Member State responsible for examining an asylum application and 
provide  for  genuine  solidarity  mechanisms,  both  within  the  EU  and  with  third 
countries; 

–  ensure coherence with other policies that have an impact on international protection, 

notably: border control, the fight against illegal immigration and return policies. 

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To attain these objectives the Commission proposes a three-pronged strategy in this Policy 
Plan, based on: 

–  better  and  more  harmonised  standards  of  protection  through  further  alignment  of 

Member States' asylum laws (section 3); 

–  effective and well-supported practical cooperation (section 4); and 

–  a  higher  degree  of  solidarity  and  responsibility  among  the  Member  States,  as  well  as 

between the EU and third countries (section 5). 

The  provisions  of  the  Geneva  Convention,  the  evolving  jurisprudence  of  the  European 
Court of Human Rights (ECtHR) and the full respect of the Charter of Fundamental Rights 
will be a constant reference for this strategy. 

3. 

TOWARDS  BETTER  QUALITY  AND  ENHANCED  HARMONISATION  OF  STANDARDS  OF 
INTERNATIONAL PROTECTION 

As  a  whole,  the  first  phase  legislative  instruments  of  the  CEAS  can  be  considered  as  an 
important  achievement  and  form  the  basis  on  which  the  second  phase  must  be  built. 
However,  shortcomings  have  been  identified  and  it  is  clear  that  the  agreed  common 
minimum  standards  have  not  created  the  desired  level  playing  field.  The  Commission 
therefore  intends  to  propose  amendments  to  existing  legislation  and  to  consider  new 
instruments.  At  the  same  time  the  Commission  will  continue  to  monitor  that  existing 
provisions are properly implemented and respected. 

3.1. 

The Reception Conditions Directive (RCD) 

The Commission's evaluation report on the RCD identified a number of problematic issues 
largely due to the amount of discretion allowed to Member States in a number of key areas. 
The amended instrument should contribute to achieving a higher degree of harmonisation 
and  improved  standards  of  reception,  so  as  to  limit  the  scope  for  such  issues  to  drive 
secondary movements. 

To this end, the Commission will propose amendments in the course of 2008, in order to: 

–  cover  persons  seeking  subsidiary  protection,  ensuring  consistency  with  the  rest  of  the 

asylum acquis;  

–  ensure greater equality and improved standards of treatment with regard to the level and 

form of material reception conditions;  

–  provide for simplified and more harmonised access to the labour market, ensuring that 
actual  access  to  employment  is  not  hindered  by  additional  unnecessary  administrative 
restrictions , without prejudice to Member States' competences; 

–  incorporate procedural guarantees on detention; and 

–  guarantee that the special needs of vulnerable persons, such as children, women, victims 
of  torture  or  person  with  medical  needs,  are  identified  immediately  and  that  adequate 
care is available for them.  

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3.2. 

The Asylum Procedures Directive (APD) 

Diverse  procedural  arrangements and qualified safeguards produce different results when 
applying  common  criteria  for  the  identification  of  persons  genuinely  in  need  of 
international  protection.  This  can  damage  the  very  objective  of  ensuring  access  to 
protection  under  equivalent  conditions  across  the  EU.  In  addition,  both  the  Hague 
Programme and the TFEU call for the establishment of a common asylum procedure. This 
requires  a  fundamentally  higher  level  of  alignment  between  Member  States'  asylum 
procedures, as confirmed by the Green Paper consultation. 

In  order  to  achieve  this  goal,  the  amendments  to  the  APD  (to  be  proposed  in  2009)  will 
primarily aim at: 

–  setting up of a single, common asylum procedure leaving no space for the proliferation 
of  disparate  procedural  arrangements  in  Member  States,  thus  providing  for  a 
comprehensive examination of protection needs under both the Geneva Convention and 
the EU's subsidiary protection regime; 

–  establishing obligatory procedural safeguards as well as common notions and devices, 
which  will  consolidate  the  asylum  process  and  ensure  equal  access  to  procedures 
throughout the Union;  

–  accommodating  the  particular  situation  of  mixed  arrivals,  including  where  persons 

seeking international protection are present at the external borders of the EU; and 

–  enhancing  gender  equality  in  the  asylum  process  and  providing  for  additional 

safeguards for vulnerable applicants. 

3.3. 

The Qualification Directive (QD) 

The QD has secured a minimum alignment on both the criteria for granting international 
protection4 and the content of protection statuses across the EU. The positive impact of the 
Directive  has  been  evident  in  many  Member  States.  However,  data  show  that  the 
recognition of protection needs of applicants from the same countries of origin still varies 
significantly  from  one  Member  State  to  another.  To  some  extent,  this  phenomenon  is 
rooted in the wording of certain provisions of the QD. 

In order to ensure a truly common interpretative approach and to achieve the objective of 
introducing  uniform  statuses  (as  required  by  the  Hague  Programme  and  the  TFEU)  the 
Commission will propose, in the course of 2009, to: 

–  amend  the  criteria  for  qualifying  for  international  protection  under  this  Directive.  To 
this effect, it may be necessary inter alia to clarify further the eligibility conditions for 
subsidiary  protection,  since  the  wording  of  the  current  relevant  provisions  allows  for 
substantial  divergences  in  the  interpretation  and  the  application  of  the  concept  across 
Member States; 

–  define  with  more  precision  when  non-state  parties  may  be  considered  as  actors  of 
protection. In particular, the Commission will consider the need to stipulate in greater 

4 

International protection covers both refugee and subsidiary protection status. 

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detail the criteria to be used by Member States authorities in order to assess the capacity 
of a potential actor of protection to provide effective, accessible and durable protection;  

–  clarify the conditions for the application of the concept of internal flight alternative i.e. 
the  conditions  under  which  it  may  be  considered  that  an  applicant  for  asylum  has  a 
genuine protection alternative in a certain part of his/her country of origin, taking into 
account recent developments in the case law of the European Court of Human Rights; 

and 

–  reconsider the level of rights and benefits to be secured for beneficiaries of subsidiary 
protection, in order to enhance their access to social and economic entitlements which 
are  crucial  for  their  successful  integration,  whilst  ensuring  respect  for  the  principle  of 
family unity across the EU.  

In  addition,  the  possibility  of  establishing  an  effective  transfer  of  protection  mechanism 
will be explored, either as part of the amendment to the QD or as a separate instrument.  

Finally, a study will be launched on the possible alignment of national types of protection 
status which do not currently fall under the EU's regime of international protection. 

4. 

PRACTICAL COOPERATION 

Member  States  are  nowadays  bound  by  an  important  asylum  acquis.  However,  large 
discrepancies between asylum decisions (even within similar caseloads) still exist. This is 
due on the one hand to the low standards of harmonisation of the current legislation, and 
on  the  other  hand,  to  different  practices  in  national  administrations.  It  is  therefore 
necessary to accompany legal harmonisation with effective practical cooperation. 

One  of  the  main  goals  of  practical  cooperation  is  to  improve  convergence  in  asylum 
decision-making  by  Member  States,  within  the  EU  legislative  framework.  A  substantial 
number  of  practical  cooperation  activities  have  already  been  undertaken  in  recent  years, 
notably on a common approach on Country of Origin Information and on the establishment 
of a common European Asylum Curriculum. The replies to the Green Paper showed wide 
support  for  enhancing  practical  cooperation  activities  and  for  the  idea  of  creating  a 
dedicated  structure  to  support  and  coordinate  such  activities  in  the  form  of  a  European 
Asylum Support Office (EASO).  

In order to ensure that those activities are given the proper support needed and to widen the 
scope  of  cooperation,  the  Commission  has  launched  a  feasibility  study  on  the 
establishment  of  structural  support  for  practical  cooperation  in  the  field  of  asylum.  The 
results of this study will be available in July 2008. On the basis of the study's findings and 
in  line  with  the  mandate  of  the  Hague  Programme  and  the  JHA  Council  conclusions 
adopted on 18 April 2008, the Commission will put forward in 2008 a legislative proposal 
for  the  creation  of  the  EASO.  The  EASO  will  provide  practical  assistance  to  Member 
States in taking decisions on asylum claims. In the meantime, support for existing activities 
will continue to be ensured. 

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5. 

PROMOTING RESPONSIBILITY AND SOLIDARITY  

In the TFEU, "Solidarity and fair sharing of Responsibility" is a principle which governs 
the implementation of a number of common policies, including the CEAS. Moreover, the 
TFEU lists as one of the elements of the CEAS: "partnership and cooperation with third 
countries for the purpose of managing inflows of people applying for asylum or subsidiary 
or temporary protection".  

Therefore, the third strand of the three-pronged strategy should be based on responsibility 
and solidarity, within the EU and between the Union and third countries. 

5.1. 

Fair sharing of responsibility and Solidarity within the EU 

As  recognised  by  the  Hague  Programme,  one  of  the  objectives  of  the  CEAS  is  to  assist 
those Member States which, notably because of their geographical position, are faced with 
particular pressures on their national asylum systems. It is the Union's responsibility to find 
a common response, based on the principle of solidarity, to the challenges faced by specific 
Member States. 

It  should  be  noted  that  further  alignment  of  national  asylum  procedures,  legal  standards, 
reception conditions and enhanced practical cooperation, as envisaged in this Policy Plan, 
are bound to reduce those secondary movements of asylum seekers which are mainly due 
to  divergent  applications  of  the  rules.  This  could  therefore  result  in  a  fairer  overall 
distribution of asylum applications between Member States. 

In addition, the proposed extension of the provisions of the Long-Term Residents Directive 
to  beneficiaries  of  international  protection,  as  well  the  transfer  of  protection  mechanism 
proposed in sections 3.3., may also have a positive effect on 'overburdened' Member States 

5.1.1.  Amendments to the Dublin system 

The Commission decided to take a two-track approach by separating the technical and the 
policy  evaluation  of  the  Dublin  system.  The  evaluation  report  published  on  6 June  2007 
constituted the technical assessment, while the Green Paper consultation served as policy 
evaluation.  

The evaluation confirmed that the objectives of the system, notably to establish a clear and 
workable  mechanism  for  determining  responsibility  for  asylum  applications,  have,  to  a 
large  extent,  been  achieved.  During  the  consultation,  there  was  general  support  from 
Member States for maintaining the current system, whilst recognising the need to improve 
certain aspects. 

The Commission considers that the underlying principles of the Dublin system are worth 
upholding and that, in the long term, the higher common standards of protection resulting 
from  the  completion  of  the  CEAS  will  eliminate  most  of  the  concerns  regarding  the 
operation  of  the  current  system,  by  ensuring  that  persons  transferred  to  other  Member 
States have equal access to protection.  

While  acknowledging  that  a  system  which  clearly  allocates  responsibility  for  the 
examination of an asylum claim is necessary in order to avoid the phenomenon of 'asylum 
shopping',  the  Commission  is  committed  to  evaluating  the  application  of  the  Dublin 

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Regulation at regular intervals and, once the second phase of the CEAS is in place, of the 
principles on which it is based. 

In  the  short  term,  and  in  order  to  address  the  shortcomings  identified  in  the  evaluation 
report,  the  Commission  will  propose  in  2008  amendments  to  both  the  Dublin  and  the 
Eurodac Regulations. Firstly, their scope will be extended to include subsidiary protection, 
to ensure consistency with the evolved asylum acquis.  

As regards the amendments specific to the Dublin Regulation, the Commission will: 

–  strengthen  and  clarify  several  provisions  in  order  to  ensure  better  compliance  and 
uniform  application  by  the  Member  States  (in  particular  the  provisions  on  the 
humanitarian and sovereignty clause and those relating to family unity); and 

–  introduce  amendments  to  enhance  the  efficiency  of  the  system  (notably  as  regards 

deadlines). 

Concerning the amendments specific to EURODAC, as already  announced in  the  Dublin 
system evaluation, the Commission will propose: 

–  to unblock data on recognised refugees and to make them searchable by national asylum 
authorities, in order to avoid that a recognised refugee in one Member State applies for 
protection in another Member State;  

–  to  clarify  deadlines  for  transmission  of  data  and  rules  for  their  deletion,  in  order  to 

improve the efficiency of the system; and 

–  to introduce more information in the system in order to ensure a better determination of 

the Member State responsible. 

In  addition,  the  Commission  will  further  examine  the  feasibility  and  conditions  to  allow 
access  to  EURODAC  by  Member  States'  authorities  and  Europol  for  law  enforcement 
purposes in line with the Commission's communication on interoperability and the Council 
Conclusions of 12-13 June 2007.5 

5.1.2. 

Solidarity mechanisms  

The  Dublin  system  was  not  devised  as  a  burden  sharing  instrument:  nevertheless,  its 
functioning may de facto result in additional burdens on Member States that have limited 
reception  and  absorption  capacities  and  who  find  themselves  under  particular  migratory 
pressures because of their geographical location.  

The Commission believes that the best way to ensure a high degree of solidarity is not to 
adopt a new overarching instrument, but to put at the disposal of Member States a series of 
mechanisms, which will help them cope with the variety of challenges they are faced with.  

To this end, the Commission will propose: 

5 

This specific amendment will be proposed in 2009. 

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–  the launch of a study assessing the possibilities for joint processing in the EU of specific 
caseloads, as requested by the Hague Programme, which would also examine how joint 
processing might alleviate the pressure on specific 'overburdened' Member States;  

–  to create a Community mechanism which would allow, in well defined and exceptional 
circumstances,  for  the  possibility  of  temporarily  suspending  the  application  of  the 
Dublin rules for transfers of asylum-seekers to a Member State whose reception system 
cannot adequately deal with the transferred persons; 

–  to  create  asylum  expert  teams  who  would  be  coordinated  by  the  EASO  and  could  be 
called upon to assist overburdened Member States, on a temporary basis, in performing 
the  initial  profiling  of  asylum-seekers.  In  particular,  the  expert  terms  could  provide 
support  through  interpretation  services,  as  well  as  case-working  and  country  of  origin 
expertise; 

–  to  facilitate  the  internal  re-allocation,  on  a  voluntary  basis,  of  beneficiaries  of 
international  protection  from  one  Member  State  to  another  in  cases  of  exceptional 
asylum  pressure,  by  inter  alia  providing  specific  EU  funding  under  existing  financial 
instruments. 

Finally, the issue of the financial burden posed by high numbers of asylum seekers on the 
resources  of  Member  States  should  be  looked  at  from  the  wider  perspective  of  general 
migratory pressures. The Commission will launch a study in the course of 2009 to evaluate 
possible  methods  of  improving  the  impact  of  EU  financial  solidarity,  including  the 
European Refugee Fund, and to assess whether the existing financial instruments provide 
effective  support  to  the  challenges  Member  States  face  in  addressing  strong  irregular 
migratory pressures. Proposals will be considered on the basis of the results of the study. 

5.2. 

External solidarity 

In  the  coming  years,  the  focus  on  the  external  dimension  of  asylum  will  become  even 
stronger. The EU must share the responsibility for managing refugees with third countries 
and countries of first asylum, which receive a far greater percentage of the world's refugees 
than Europe. In this regard, more financial support will be available to enhance protection 
capacity  in  third  countries.  For  the  period  2007-2013,  a  total  amount  of  €384  million  is 
available  under  the  'Thematic  Programme  of  Cooperation  with  Third  Countries  in  the 
Areas  of  Migration  and  Asylum'.  One  of  its  key  priorities  is  asylum  and  international 
protection.  

Furthermore,  the  Commission  will  continue  to  integrate  capacity  building  for  asylum  in 
development  cooperation  with  third  countries,  placing  the  emphasis  on  a  long  term, 
comprehensive  approach.  Asylum  should  not  be  treated  as  crisis  management  but  as 
integral part of the development agenda in the area of governance, migration and human 
rights protection. 

In  addition  to  this,  the  Commission  believes  that,  to  make  a  commitment  of  solidarity 
towards  third  countries  effective,  the  EU  should  focus  on  three  different  but  interlinked 
types of measures to promote refugee protection:  

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5.2.1.  Regional Protection Programmes (RPPs) 

In  response  to  the  Green  Paper,  many  stakeholders  have  underlined  the  importance  of 
RPPs as a means to reinforce the external asylum dimension. 

The Commission is currently working in close cooperation with Member States, recipient 
countries,  UNHCR  and  other  key  stakeholders  to  develop  RPPs  further,  so  as  to  have  a 
substantial impact on improving the protection and asylum systems in specific regions of 
the  world.  To  this  purpose,  and  on  the  basis  of  the  evaluation  to  be  carried  out  in  2008, 
RPPs will be made into regional multi-annual action plans, in full coherence with National 
and  Regional  Action  Plans  and  the  Thematic  Programme,  which  will  identify  protection 
gaps and concrete activities to be implemented.  

The  current  RPPs,  which  are  carried  out  in  Tanzania  (as  part  of  the  Great  Lakes  region) 
and Ukraine, Belarus and Moldova, will be further developed in 2009.  

The Commission will examine – in line with its Communication of 2005 – whether RPPs 
can be developed in other regions, such as northern Africa, the horn of Africa, Afghanistan 
and  the  Middle  East,  and  may  potentially  make  new  proposals  in  this  regard.  In  the 
selection of new regions for RPPs a number of factors will be taken into account, including 
the assessment of particular refugee situations, financial opportunities available under EU 
funds  and  existing  relationships  and  frameworks  for  cooperation  between  the  Union  and 
particular countries or regions.  

5.2.2.  Resettlement  

Resettlement fulfils an important role in the external asylum policies of the EU and there is 
much  to  be  gained  from  a  higher  degree  of  cooperation  on  resettlement  among  Member 
States, UNHCR and NGOs. 

This  was  widely  acknowledged  in  the  responses  to  the  Green  Paper.  Resettlement  will 
therefore be further developed and expanded into an effective protection instrument to be 
used  by  the  EU  to  meet  the  protection  needs  of  refugees  in  third  countries  and  to  show 
solidarity with third countries of first asylum. 

In  the  course  of  2009,  the  Commission  will  make  proposals  on  developing  an  EU 
resettlement  scheme,  in  which  Member  States  would  participate  on  a  voluntary  basis, 
setting  common  criteria  and  coordination  mechanisms.  Cooperation  on  practical  and 
logistical  aspects  will  lead  to  more  financial  and  quality  effectiveness  (organisation  of 
missions, medical and security screening, travel arrangements, preparation and submission 
of  cases  by  UNHCR).  The  Commission  will  cooperate  with  Member  States  and  other 
relevant stakeholders,  such as  UNHCR  and  NGOs, to discuss the  shape and  functions of 
the EU resettlement scheme. 

5.2.3.  Facilitating a managed and orderly arrival for those in need to protection  

With  the  development  of  comprehensive  and  more  sophisticated  border  control  regimes, 
the  issue  of  asylum  seekers'  access  to  EU  territory  has  increasingly  come  into  focus. 
Disorderly movements are a significant route to safety in the EU, with human smugglers 
acting as important facilitators for entry. It is therefore crucial that the Union should focus 
its  efforts  on  facilitating  the  managed  and  orderly  arrival  on  the  territory  of  the  Member 

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States of persons justifiably seeking asylum, with a view to providing legal and safe access 
to protection, whilst simultaneously deterring human smugglers and traffickers.  

To this effect, the Commission will examine ways and mechanisms capable of allowing for 
the differentiation between persons in need of protection and other categories of migrants 
before  they  reach  the  border  of  potential  host  States,  such  as  Protected  Entry  Procedures 
and a more flexible use of the visa regime, based on protection considerations. 

As  shown  by  a  Commission's  study  conducted  in  2003,  some  Member  States  operate  or 
have  experimented  in  the  past  with  some  forms  of  such  mechanisms  but  they  are 
quantitatively of minor importance. There is room for common action in this area, which 
should lead to better access to protection while reducing smuggling. 

Moreover, the Commission will launch in 2009, in close consultation with the UNHCR, a 
study,  on  the  merits,  appropriateness  and  feasibility  of  joint  processing  of  asylum 
applications  outside  EU  territory.  The  conclusions  of  the  study  will  inform  the  future 
discussions and policy developments at EU level with a view to improving access to the 
Union in complementarity with the Common European Asylum System and in compliance 
with relevant international standards.  

6. 

CONCLUSION 

The  Commission  is  fully  committed  to  achieving  the  ambitious  objectives  set  out  in  the 
Hague  Programme  and  in  the  TFEU  by  proposing  the  measures  identified  in  this  Policy 
Plan and monitoring the correct implementation of both existing and new measures. 

The  following  principles  will  guide  the  action  of  the  EU  in  the  field  of  asylum  in  the 
coming years:  

–  Upholding the Union's humanitarian and protection tradition and ensuring respect 
of  fundamental  rights  when  implementing  the  CEAS:  ensuring  that  protection  is 
accessible to those who need it in the face of a rapidly changing world, where migration 
and the movement of people takes place at a much greater rate than ever before and for 
a greater variety of reasons;  

–  Establishing  a  level  playing  field:  the  EU  should  be  ambitious  and  build  a  system 
where all asylum seekers will be treated in the same way, with the same high-standard 
guarantees and procedures, wherever in the EU they make their asylum claim;  

–  Enhancing  the  efficiency  of  the  asylum  system:  the  CEAS  should  provide  Member 
States  with  a  series  of  uniform  legal  norms  and  standards,  common  devices  and 
cooperation mechanisms to secure the availability of high quality protection standards 
throughout the asylum process, from the moment of the reception of asylum seekers to 
the  full  integration  of  those  granted  protection,  whilst  maintaining  the  integrity  of  the 
asylum system by preventing abuse; and 

–  Providing  solidarity  within  and  outside  the  Union:  the  Union  should  continue  and 
intensify  the  provision  of  support  to  its  Member  States  in  offering  protection.  The 
solidarity  should  equally  be  expressed  towards  countries  outside  the  EU  in  order  to 
enhance  their  capacity  to  offer  effective  protection  and  durable  solutions,  whilst 
ensuring that the Union is ready to take a fair share of responsibility. 

EN 

11 

   EN