Proposal for a Regulation of the European Parliament and of the Council establishing a European Asylum Support Office {SEC(2009) 153} {SEC(2009) 154}
Date: 2009-02-18
Institutions: European Commission
Subjects: European Union Agency for Asylum, admission of aliens, fundamental rights, refugee, right of asylum, social policy

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.2.2009 
COM(2009) 66 final 

2009/0027 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a European Asylum Support Office 

{SEC(2009) 153} 
{SEC(2009) 154} 

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EXPLANATORY MEMORANDUM  

1) Context of the proposal 

•  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 
in  charge  of  examining  asylum 
applications."  

the  administrations 

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 
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. 

to 

•  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 

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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. 

2) Consultation of interested parties and impact assessment 

•  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) Legal elements of the proposal 

•  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 

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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 
Government1.  

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 (1) and (2) 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 
these  differences  and 
practice  and  organisation  of  appropriate 
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. 

to  reduce 

training, 

1 

See  Council  conclusions  of  June  2008  (11018/1/08,  Rev.  1)  recalling  the  conclusions  of  the 
representatives of the Member States, meeting at Head of State or Government level in Brussels on 13 
December 2003 (OJ L 29, 3.2.2004). 

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•  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) Budgetary implications 

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 20022 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 Communities3. 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)4, 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 Network5. 

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OJ L 357, 31.12.2002, p. 72. 
OJ L 248, 16.9.2002, p. 1. 
Decision No 573/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing 
the European Refugee Fund for the period 2008 to 2013 as part of the General Programme "Solidarity 
and  Management  of  Migration  Flows"  and  repealing  Council  Decision  2004/904/EC,  OJ  L  144, 
6.6.2007, p. 1. 
OJ L 131, 21.5.2008, p. 7.  

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5) Additional information 

•  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.  

Chapter II - TASKS OF THE EUROPEAN ASYLUM SUPPORT 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.  

Section 1 (Articles 3 to 7): supporting practical cooperation on asylum  

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.  

Section 2 (Articles 8 to 10): supporting Member States under particular pressure  

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. 

Chapter III - ASYLUM SUPPORT TEAMS  

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.  

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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. 

Chapter IV - ORGANISATION OF THE OFFICE 

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. 

Chapter V - FINANCIAL PROVISIONS 

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.  

Chapter VI - PROVISIONS ON STAFF  

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.  

Chapter VII - GENERAL PROVISIONS 

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. 

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2009/0027 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a European Asylum Support Office 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular  points 
(1) and (2) of Article 63 and Article 66 thereof,  

Having regard to the proposal from the Commission6, 

Having regard to the opinion of the European Economic and Social Committee7, 

Having regard to the opinion of the Committee of the Regions8, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty, 

Whereas: 

(1) 

Under the Hague Programme, Community policy on the Common European Asylum 
System  is  designed  to  establish  a  common  asylum  area  by  means  of  an  effective 
harmonised  procedure  in  accordance  with  the  Union’s  values  and  humanitarian 
tradition. 

(2)  Much  progress  has  been  made  in  recent  years  towards  the  establishment  of  the 
Common  European  Asylum  System  thanks  to  the  implementation  of  common 
minimum standards. However, there are great  disparities  between  one  Member  State 
and another in the granting of protection and the forms that protection takes. 

(3) 

In  its  Policy  Plan  on  Asylum  adopted  in  June  20089  the  Commission  announced  its 
intention  of  developing  the  Common  European  Asylum  System  by  proposing  a 
revision  of  existing  legal  instruments  in  the  interests  of  a  greater  harmonisation  of 
standards  and  by  strengthening  support  for  practical  cooperation  between  Member 
States,  notably  by  presenting  a  legislative  proposal  to  establish  a  European  Asylum 
Support  Office  in  order  to  step  up  coordination  of  operational  cooperation  between 
Member States so that the common rules are implemented effectively.  

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OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
COM(2008) 360. 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

In adopting the European Pact on Immigration and Asylum in September 200810, the 
European  Council  solemnly  reiterated  that  any  persecuted  foreigner  is  entitled  to 
obtain aid and protection on the territory of the European Union in application of the 
Geneva Convention of 28 July 1951 relating to the Status of Refugees, as amended by 
the New York Protocol of 31 January 1967, and other relevant treaties. The European 
Council also 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".  

Practical cooperation on asylum aims to increase the convergence of Member States' 
decision-making  procedures  on  asylum  matters  within  the  European  legislative 
framework. A substantial number of practical cooperation measures have already been 
undertaken  in  recent  years,  notably  the  adoption  of  a  common  approach  to 
Country-of-Origin Information and the establishment of a common European Asylum 
Curriculum.  

For  Member  States  which  are  faced  with  specific  and  disproportionate  pressures  on 
their national asylum systems, due in particular to their geographical or demographic 
situation,  the  Office  will  support  the  implementation  of  solidarity  mechanisms  to 
promote, on a voluntary and coordinated basis, a better reallocation of beneficiaries of 
international  protection  from  such  Member  States  to  others,  while  ensuring  that 
asylum systems are not abused. 

In order to strengthen and develop these measures, a specific structure to support and 
coordinate  them  is  needed  in  the  form  of  a  European  Asylum  Support  Office  (the 
Office). 

In  order  to  best  fulfil  its  terms  of  reference,  the  Office  should  be  independent  in 
technical matters and enjoy legal, administrative and financial autonomy. To that end, 
the  Office  should  be  a  Community  body  having  legal  personality  and  exercising  the 
implementing powers conferred upon it by this Regulation. 

The  Office  should  act  in  close  cooperation  with  the  Office  of  the  UN  High 
Commissioner  for  Refugees  (UNHCR)  in  order  to  benefit  from  its  expertise  and 
support.  To  this  end,  the  role  of  UNHCR  should  be  fully  recognised  and  that  body 
should  be  fully  involved  in  the  work  of  the  Office.  The  Office  should  also  work  in 
close  cooperation  with  the  competent  authorities  of  the  Member  States  with 
responsibility  for  asylum,  with  national  immigration  and  asylum  services  and  other 
services,  drawing  on  the  capacity  and  expertise  of  these  services,  and  with  the 
Commission. The Member States should cooperate with the Office to ensure that it can 
fulfil its remit.  

(10)  The  Office  should  be  a  European  centre  of  expertise  on  asylum  responsible  for 
facilitating,  coordinating  and  strengthening  practical  cooperation  among  Member 
States  on  the  many  aspects  of  asylum.  The  Office's  terms  of  reference  should  be 
focused  on  three  major  tasks,  namely  supporting  practical  cooperation  on  asylum, 
supporting  Member  States  under  particular  pressure  and  contributing  to  the 
implementation of the Common European Asylum System.  

10 

Council document 13440/08 of 24.9.2008. 

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(11)  The Office should not have any direct or indirect powers in the taking of decisions by 
Member State authorities on individual applications for international protection. 

(12) 

In order to provide speedy and effective operational support to Member States subject 
to  strong  pressure  on  their  asylum  systems,  the  Office  should  coordinate  the 
deployment  in  the  territory  of  requesting  Member  States  of  asylum  support  teams 
made up of asylum experts. These teams should in particular provide expertise about 
interpreting  services,  information  on  the  countries  of  origin  and  knowledge  of  the 
handling and management of asylum cases. The arrangements for the asylum support 
teams  should  be  governed  by  this  Regulation  in  order  to  ensure  their  effective 
deployment.  

(13)  The  Office  should  carry  out  its  tasks  in  conditions  which  enable  it  to  serve  as  a 
reference point by virtue of its independence, the scientific and technical quality of the 
assistance  it  provides  and  the  information  it  disseminates,  the  transparency  of  its 
procedures and operating methods, and its diligence in performing the tasks assigned 
to it. 

(14)  The  Commission  and  the  Member  States  should  be  represented  on  a  Management 
Board  in  order  to  control  effectively  the  working  of  the  Office.  The  Management 
Board  should,  where  possible,  consist  of  the  operational  heads  of  the  national 
administrations  responsible  for  asylum  policy  or  their  representatives.  It  should  be 
given  the  necessary  powers  to  establish  the  budget,  verify  its  execution,  adopt  the 
appropriate  financial  rules,  establish  transparent  working  procedures  for  decision 
making  by  the  Office  and  appoint  the  Executive  Director.  Given  its  expertise  in  the 
field of asylum, the UNHCR should be a non-voting member of the Board so that it is 
fully involved in the work of the Office. 

(15)  To  ensure  that  it  is  managed  efficiently  and  expeditiously,  the  Office  should  be 
assisted  by  an  Executive  Committee  composed  of  representatives  of  the  Member 
States with the task of advising the Office's Executive Director and giving opinions to 
the Management Board. 

(16)  To ensure the Office's full autonomy and independence, it should have its own budget, 
most  of  which  will  be  constituted  by  a  contribution  from  the  Community.  The 
Community budgetary procedure should be applicable to the Community contribution 
and to any grant chargeable to the general budget of the European Union. The auditing 
of accounts should be undertaken by the European Court of Auditors. 

(17)  To accomplish its purpose, and to the extent required for the fulfilment of its tasks, the 
Office should cooperate with other community bodies, in particular with the European 
Agency for the Management of Operational Cooperation at the External Borders of the 
Member  States  of  the  European  Union  (Frontex),  established  by  Regulation  (EC) 
No 2007/200411,  and  the  European  Union  Agency  for  Fundamental  Rights  (FRA), 
established  by  Regulation  (EC)  No 168/200712.  It  should  also  cooperate  with  the 
competent  authorities  of  third  countries,  international  organisations  competent  in 
matters  covered  by  this  Regulation  and  third  countries  in  the  framework  of  working 
arrangements concluded in accordance with the relevant provisions of the Treaty.  

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OJ L 349, 25.11.2004, p. 1. 
OJ L 53, 22.2.2007, p. 1. 

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(18)  To  accomplish  its  purpose,  the  Office  should  be  open  to  participation  by  countries 
which have concluded agreements with the European Community by virtue of which 
they  have  adopted  and  apply  Community  legislation  in  the  field  covered  by  this 
Regulation (for example, Denmark, Norway, Iceland and Switzerland). It may also, in 
agreement with the Commission, conclude working arrangements in accordance with 
the Treaty with countries other than those which have concluded agreements with the 
European  Community  by  virtue  of  which  they  have  adopted  and  apply  Community 
legislation.  Under  no  circumstances,  however,  should  it  formulate  any  independent 
external policy. 

(19)  Regulation  (EC)  No  1073/1999  of  the  European  Parliament  and  of  the  Council  of 
25 May 1999 concerning investigations conducted by the European Anti-Fraud Office 
(OLAF)13  should  apply  without  restriction  to  the  Office,  which  should  accede  to  the 
Interinstitutional  Agreement  of  25  May  1999  between  the  European  Parliament,  the 
Council  of  the  European  Union  and  the  Commission  of  the  European  Communities 
concerning internal investigations by the European Anti-Fraud Office14. 

(20)  Regulation  (EC)  No  1049/2001  of  the  European  Parliament  and  of  the  Council  of 
30 May  2001  regarding  public  access  to  European  Parliament,  Council  and 
Commission documents15 should apply to the Office. 

(21)  Regulation  (EC)  No  45/2001  of  the  European  Parliament  and  of  the  Council  of 
18 December  2000  on  the  protection  of  individuals  with  regard  to  the  processing  of 
personal data by the Community institutions and bodies and on the free movement of 
such data16 should apply to the processing of personal data by the Office. 

(22)  The necessary provisions regarding accommodation for the Office in the headquarters 
State and the specific rules applicable to all Office staff and members of their families 
should be laid down in a headquarters agreement. Furthermore, the headquarters State 
should  provide  the  best  possible  conditions  to  ensure  the  proper  functioning  of  the 
Office,  including  schools  for  children  and  transport,  in  order  to  attract  high-quality 
human resources from as wide a geographical area as possible.  

(23)  Since  the  objectives  of  this  Regulation,  namely  the  need  to  facilitate  and  strengthen 
practical  cooperation  between  Member  States  on  asylum  and  to  help  improve  the 
implementation  of  the  Common  European  Asylum  System,  cannot  be  sufficiently 
achieved  by  the  Member  States  and  can  therefore  be  better  achieved  at  Community 
level,  the  Community  may  adopt  measures  in  accordance  with  the  principle  of 
subsidiarity  set  out  in  Article  5  of  the  Treaty.  In  accordance  with  the  principle  of 
proportionality  set  out  in  that  Article,  this  Regulation  does  not  go  beyond  what  is 
necessary in order to achieve those objectives. 

(24) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark 
annexed to the Treaty on European Union and to the Treaty establishing the European 
Community,  Denmark  is  not  taking  part  in  the  adoption  of  this  Regulation  and 
therefore is not bound by it nor subject to its application. 

13 
14 
15 
16 

OJ L 136, 31.5.1999, p. 1. 
OJ L 136, 31.5.1999, p. 15. 
OJ L 145, 31.5.2001, p. 43. 
OJ L 8, 12.1.2001, p. 1. 

EN 

11 

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(25)  This Regulation respects the fundamental rights and observes the principles recognised 
in particular by the Charter of Fundamental Rights of the European Union and should 
be implemented in accordance with Article 18 on the right of asylum, 

HAVE ADOPTED THIS REGULATION: 

CHAPTER 1  

Chapter I - ESTABLISHMENT AND PURPOSE OF THE EUROPEAN ASYLUM 
SUPPORT OFFICE  

Article 1 
Establishment of the European Asylum Support Office 

A  European  Asylum  Support  Office  ("the  Office")  is  hereby  established  in  order  to  help  to 
improve  the  implementation  of  the  Common  European  Asylum  System  and  to  strengthen 
practical cooperation among Member States on asylum.  

Article 2 
Purpose of the European Asylum Support Office 

1. 

2. 

3. 

4. 

5. 

The  Office  shall  facilitate,  coordinate  and  strengthen  practical  cooperation  among 
Member  States  on  the  many  aspects  of  asylum  and  help  to  improve  the 
implementation  of  the  Common  European  Asylum  System,  including  its  external 
dimensions.  

The  Office  shall  provide  operational  support  to  Member  States  subject  to  strong 
pressure  on  their  asylum  systems,  including  the  coordination  of  asylum  support 
teams made up of asylum experts. 

The  Office  shall  provide  scientific  and  technical  assistance  for  Community  policy-
making  and  legislation  in  all  areas  having  a  direct  or  indirect  impact  on  asylum  so 
that it is in a position to lend its full support to practical cooperation on asylum and 
best carry out its tasks. It shall be an independent source of information on all issues 
in these areas.  

The  Office  shall  carry  out  its  tasks  in  conditions  which  enable  it  to  serve  as  a 
reference point by virtue of its independence, the scientific and technical quality of 
the assistance it provides and the information it disseminates, the transparency of its 
operating procedures and methods, its diligence in performing the tasks assigned to 
it, and the information technology support needed to fulfil its remit. 

The  Office  shall  carry  out  its  tasks  without  prejudice  to  those  assigned  to  the 
European Union Agency for Fundamental Rights, and shall work closely with it and 
with the UNHCR. 

EN 

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CHAPTER 2  

TASKS OF THE EUROPEAN ASYLUM SUPPORT OFFICE  

Section 1 
Supporting practical cooperation on asylum 

Article 3 
Pooling information and best practice 

The  Office  shall  organise,  promote  and  coordinate  all  activities  enabling  the  exchanging  of 
information and the identifying and pooling of good practice in asylum matters between the 
Member States. 

Article 4 
Country-of-origin information  

The  Office  shall  organise,  promote  and  coordinate  activities  relating  to  information  on 
countries of origin, in particular: 

(a) 

(b) 

(c) 

(d) 

 the gathering of information on the countries of origin of asylum seekers and 
persons  applying  for  international  protection,  making  use  of  all  relevant 
sources  of 
including  governmental  and  non-governmental 
organisations; 

information, 

 the  management  and  development  of  a  portal  for  gathering  information  on 
countries of origin and its maintenance; 

 the  development  of  a  common  format  and  a  common  methodology  for 
entering, verifying and using information on the country of origin; 

the  analysis  of  country-of-origin  information  and  the  drafting  of  reports  on 
countries of origin. 

Article 5 
Supporting intra-Community transfers of those accorded international protection 

For  Member  States  which  are  faced  with  specific  and  disproportionate  pressures  on  their 
national asylum systems, due in particular to their geographical or demographic situation, the 
Office  shall  coordinate  exchanges  of  information  and  all  other  activities  related  to  the 
implementation  of  instruments  and  mechanisms  for  the  intra-Community  transfer,  on  a 
voluntary basis, of persons accorded international protection in the European Union. 

EN 

13 

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Article 6 
Support for training 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

The  Office  shall  establish  and  develop  training  for  members  of  all  national 
administrations  and  courts,  and  national  services  responsible  for  asylum  matters  in 
the Member States.  

The Office shall manage and develop a European asylum curriculum.  

The training offered by the Office may be general, specific or thematic. 

Specific training activities shall include: 

(a) 

issues  related  to  the  handling  of  asylum  applications  from  minors  and 
vulnerable persons with specific needs; 

(b) 

identification of the signs and symptoms of torture; 

(c) 

interview techniques; 

(d) 

the use of expert medical and legal reports in asylum procedures; 

(e) 

(f) 

issues relating to the production and use of information on countries of origin; 

specific legal and case-law issues. 

The  training  offered  shall  be  designed  to  provide  the  persons  targeted  with 
high-quality training, and shall identify key principles and best practices with a view 
to  greater  convergence  of  practice,  administrative  methods  and  national  court 
decisions.  

The  Office  shall  provide  experts  who  are  part  of  the  Asylum  Intervention  Pool 
referred to in Article 15(3) with specialist training relevant to their tasks and powers 
and  shall  conduct  regular  exercises  with  those  experts  in  accordance  with  the 
specialist training and exercise schedule referred to in its annual work programme. 

The  Office  may  organise  training  activities  in  cooperation  with  Member  States  in 
their territory. 

Article 7 
Support for the external dimensions of asylum policy  

As regards external matters the Office shall, in agreement with  the Commission, coordinate 
the  exchange  of  information  and  all  other  action  taken  on  issues  arising  from  the 
implementation  of  instruments  and  mechanisms  relating  to  the  external  dimension  of  the 
Common European Asylum System.  

The  Office  shall  coordinate  exchanges  of  information  and  all  other  action  taken  on  the 
resettlement of refugees within the European Union. 

EN 

14 

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Pursuant to its terms of reference, and in accordance with Article 47, the Office may establish 
forms  of  cooperation  with  third  countries  on  technical  matters,  in  particular  with  a  view  to 
capacity-building in third countries within the framework of regional protection programmes.  

Section 2 
Support for Member States under particular pressure  

Article 8 
Particular pressure 

The  Office  shall  coordinate  and  support  common  action  to  assist  Member  States  under 
particular  pressure,  in  particular  pressure  arising  from  their  geographical  or  demographic 
situations  or  situations  characterised  by  sudden  arrivals  of  large  numbers  of  third-country 
nationals who may be in need of international protection.  

Article 9 
Gathering and analysing information 

1. 

2. 

To be able to assess the needs of Member States under particular pressure, the Office 
shall gather, on the basis notably of information provided by Member States and the 
UNHCR, all relevant information for the identification, preparation and formulation 
of  emergency  measures  to  cope  with  such  pressure,  in  particular  under  Regulation 
(.../...)  of  the  European  Parliament  and  of  the  Council  establishing  the  criteria  and 
mechanisms  for  determining  the  Member  State  responsible  for  examining  an 
application  for  international  protection  lodged  in  one  of  the  Member  States  by  a 
third-country national or a stateless person17. 

The  Office  shall  identify  and  analyse  systematically,  on  the  basis  of  information 
provided  by  Member  States,  the  structures  and  staff  available,  especially  for 
translation and interpretation, and the asylum capacity in the Member States with a 
view  to  fostering  quick  and  reliable  mutual  information  to  the  various  national 
authorities responsible for asylum. 

Article 10 
Support for the Member States 

The Office shall coordinate action to support Member States subject to pressure, including  

(a) 

(b) 

setting up an early warning system to notify the Member States of any influx of 
applicants for international protection; 

coordinating action to help Member States under pressure to carry out an initial 
analysis  of  asylum  applications  under  examination  by  the  competent  national 
authorities; 

17 

COM(2008) 820. 

EN 

15 

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(c) 

coordinating action designed to ensure that appropriate reception facilities can 
be  speedily  established  by  the  Member  State  under  pressure,  in  particular 
emergency accommodation, transport and medical assistance; 

(d) 

coordinating the asylum support teams,  the  operating  arrangements  for  which 
are set out in Chapter 3. 

Section 3  
Contribution to the implementation of the Common European Asylum System 

Article 11 
Gathering and exchanging information 

1. 

The  Office  shall  organise,  coordinate  and  promote  the  exchange  of  information 
between  national  asylum  authorities  and  between  the  Commission  and  national 
asylum authorities concerning the implementation of all relevant instruments of the 
Community  asylum  acquis.  To  this  end,  it  may  create  factual,  legal  and  case-law 
databases on national, European and international asylum instruments. 

2. 

In particular, the Office shall gather the following information: 

(a) 

(b) 

information  on  the  processing  of  applications  for  international  protection  by 
national administrations and authorities; 

information on national legislation and legislative developments in the field of 
asylum, including case law.  

Article 12 
Reports and other Office documents 

1. 

2. 

The Office shall draw up an annual report on the situation of asylum in the European 
Union. As part of this report, the Office shall evaluate the results of activities carried 
out under this Regulation and make a comprehensive comparative analysis of them 
with  the  aim  of  promoting  a  better  understanding  of  good  practice  by  the  Member 
States  and  improving  the  quality,  consistency  and  effectiveness  of  the  Common 
European Asylum System. 

The  Office  may  draft,  at  the  request  of  the  Commission  and  after  consulting  the 
Executive Committee referred to  in Article 30, acting in close consultation with  its 
working groups and the Commission, technical documents on the implementation of 
Community asylum instruments, including guidelines and operating manuals. 

EN 

16 

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CHAPTER 3  

Asylum support teams  

Article 13 
Coordination 

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 in the territory of the requesting Member 
State for the appropriate period of time. In particular, it may: 

(a) 

assist  on  matters of  coordination between two or  more  Member States with a 
view to tackling problems; 

(b)  deploy its experts to support the competent national authorities of the Member 

State or States concerned for the time necessary. 

Article 14 
Technical assistance 

The  asylum  support  teams  shall  provide  in  particular  expertise  about  interpreting  services, 
information  on  the  countries  of  origin  and  knowledge  of  the  handling  and  management  of 
asylum cases within the framework of the activities to support Member States referred to in 
Article 10. 

1. 

2. 

1. 

Article 15 
Asylum Intervention Pool 

On a proposal by the Executive Director of the Office, the Management Board shall 
decide by a majority of three quarters of its members on the profiles and the overall 
number  of  the  experts  to  be  made  available  for  the  asylum  support  teams  (Asylum 
Intervention  Pool).  The  same  procedure  shall  apply  with  regard  to  any  subsequent 
changes in the profiles and the overall number of experts of the Asylum Intervention 
Pool.  

Member States shall contribute to the Asylum Intervention Pool via a national expert 
pool  on  the  basis  of  defined  profiles  and  propose  experts  corresponding  to  the 
required profiles. 

Article 16 
Deployment  

Member  States  shall,  at  the  request  of  the  Office,  immediately  communicate  the 
number,  names  and  profiles  of  experts  from  their  national  pool  who  can  be  made 
available within five days to join an asylum support team. Member States shall make 
experts available for deployment at the Office's request unless they are faced with an 
exceptional  situation  substantially  affecting  the  discharge  of  national  duties.  The 

EN 

17 

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2. 

1. 

2. 

3. 

4. 

5. 

6. 

1. 

home  Member  State  shall  retain  its  autonomy  in  the  selection  of  staff  and  the 
duration of their deployment. 

When  determining  the  composition  of  an  asylum  support  team,  the  Executive 
Director  of  the  Office  shall  take  into  account  the  particular  circumstances 
confronting  the  requesting  Member  State.  The  asylum  support  team  shall  be 
constituted in accordance with the operating plan referred to in Article 18. 

Article 17 
Procedure for deciding on deployment  

A request for deployment of asylum support teams in accordance with Article 16(1) 
shall include a description of the situation, any objectives and estimated deployment 
requirements. If required, the Executive Director may send Office experts to assess 
the situation in the requesting Member State. 

The  Executive  Director  shall  immediately  notify  the  Executive  Committee  of  any 
deployment of asylum support teams. 

The Executive Director shall take a decision on the request for deployment of asylum 
support teams as soon as possible and no later than five working days from the date 
of receipt of the request. The Executive Director shall notify the requesting Member 
State  simultaneously  and  the  Executive  Committee  in  writing  of  the  decision.  He 
shall state the main reasons for it. 

If  the  Executive  Director  decides  to  deploy  one  or  more  asylum  support  teams,  an 
operating  plan  shall  immediately  be  drawn  up  by  the  Office  and  the  requesting 
Member State in accordance with Article 18.  

As  soon  as  this  plan  has  been  agreed,  the  Executive  Director  shall  inform  the 
Member  States  providing  the  experts  to  be  deployed  of  the  number  and  profiles 
required. This information shall be provided, in writing, to the national contact points 
referred to in Article 19 and shall specify the scheduled date for deployment. A copy 
of the operating plan shall also be sent to them. 

If the Executive Director is absent or indisposed, the decisions on the deployment of 
the teams shall be taken by the head of unit assuming his/her functions. 

Article 18 
Operating plan 

The Executive Director and the requesting Member State shall agree on an operating 
plan setting out in detail the conditions for deployment of the asylum support teams. 
The operating plan shall include: 

(a) 

description  of  the  situation,  with  the  modus  operandi  and  objectives  of  the 
deployment, including the operational objective; 

(b) 

the forecast duration of the teams' deployment; 

EN 

18 

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(c) 

(d) 

the  geographical  area  of  responsibility  in  the  requesting  Member  State  where 
the teams will be deployed; 

a  description  of  the  tasks  and  special  instructions  for  members  of  the  teams, 
including databases they are authorised to consult and the equipment they may 
carry in the host Member State; 

(e) 

the composition of the teams. 

2. 

Any amendments to or adaptations of the operating plan shall require the agreement 
of  both  the  Executive  Director  and  the  requesting  Member  State.  A  copy  of  the 
amended  or  adapted  operating  plan  shall  be  sent  immediately  by  the  Office  to  the 
participating Member States. 

Article 19 
National contact point 

Each  Member  State  shall  designate  a  national  contact  point  for  communication  with  the 
Office on all matters pertaining to the asylum support teams. The national contact point shall 
be reachable at all times. 

Article 20 
Community contact point 

1. 

2. 

3. 

4. 

The  Executive  Director  shall  designate  one  or  more  Office  experts  to  act  as  a 
Community  contact  point  for  coordination.  The  Executive  Director  shall  notify  the 
host Member State of such designations. 

The Community contact point shall act on behalf of the Office in all aspects of the 
deployment of asylum support teams. In particular, it shall: 

(a) 

act as an interface between the Office and the host Member State; 

(b) 

act  as  an  interface  between  the  Office  and  members  of  the  asylum  support 
teams, providing assistance, on behalf of the Office, on all issues relating to the 
conditions of the teams' deployment; 

(c)  monitor the correct implementation of the operating plan; 

(d) 

report to the Office on all aspects of the asylum support teams' deployment. 

The  Executive  Director  of  the  Office  may  authorise  the  contact  point  to  assist  in 
resolving any disputes concerning the implementation of the operating plan and the 
deployment of asylum support teams. 

In  discharging  his/her  duties,  the  Community  contact  point  shall  take  instructions 
only from the Office. 

EN 

19 

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Article 21 
Costs 

The Office shall fully cover the following costs incurred by Member States in making their 
experts available for deployment to asylum support teams: 

(a) 

travel costs from the home Member State to the host Member State and from 
the host Member State to the home Member State; 

(b) 

cost of vaccinations; 

(c) 

cost of special insurance cover required; 

(d) 

cost of health care; 

(e) 

daily subsistence allowances, including accommodation costs; 

(f) 

cost of the Office's technical equipment. 

CHAPTER 4  

ORGANISATION OF THE OFFICE 

Article 22 
Bodies of the Office 

The administrative and management structure of the Office shall comprise: 

(a) 

a Management Board; 

(b) 

an Executive Director and his/her staff; 

(c) 

an Executive Committee; 

(d) 

a Consultative Forum. 

Article 23 
Composition of the Management Board 

1. 

2. 

3. 

4. 

Each Member State shall appoint one member to the Administrative Board and the 
Commission two members. 

Each member of the Management Board may be represented or accompanied by an 
alternate; when accompanying a member, the alternate member shall attend without 
having the right to vote. 

Management Board members shall be appointed on the basis of their experience and 
high degree of expertise in the field of asylum. 

The UNHCR shall be a non-voting member of the Management Board.  

EN 

20 

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5. 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

The term of office of members of the Management Board shall be three years. This 
term shall be renewable. On the expiry of their term of office or in the event of their 
resignation, members shall remain in office until their appointments are renewed or 
until they are replaced. 

Article 24 
Chairmanship of the Management Board 

The  Management  Board  shall  elect  a  Chairperson  and  a  Deputy  Chairperson  from 
among  its  members.  The  Deputy  Chairperson  shall  automatically  replace  the 
Chairperson if he/she is prevented from attending to his/her duties. 

The term of office of the Chairperson and that of the Deputy Chairperson shall last 
for three years and may be renewed only once. If, however, their membership of the 
Management  Board  ends  at  any  time  during  their  term  of  office  as  Chairperson  or 
Deputy Chairperson, their term of office shall automatically expire on that date also. 

Article 25 
Meetings of the Management Board 

The meetings of the Management Board shall be convened by its Chairperson. The 
Executive Director of the Office shall take part in the meetings. 

The Management Board shall hold at least two ordinary meetings a year. In addition, 
it shall meet on the initiative of its Chairperson or at the request of one third of its 
members.  The  Chairperson  shall  convene  additional  meetings  of  the  Management 
Board at the request of at least one third of its members. 

The Management Board may invite any person whose opinion may be of interest to 
attend its meetings as an observer. 

The members of the Management Board may, subject to the provisions of its rules of 
procedure, be assisted by advisers or experts. 

The secretariat for the Management Board shall be provided by the Office. 

Article 26 
Voting 

The  Management  Board  shall  take  its  decisions  by  a  majority  of  two thirds  of  all 
members with voting rights. Each member entitled to vote shall have one vote. In the 
absence  of  a  member,  his/her  alternate  shall  be  entitled  to  exercise  his/her  right  to 
vote. 

The Executive Director of the Office shall not vote.  

The Chairperson shall take part in the voting.  

Member States that do not fully participate in the acquis communautaire in the field 
of asylum shall not vote when the Management Board is called on to take decisions 

EN 

21 

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falling within the management powers of the Office, as laid down in Article 27, on 
the basis of instruments to which they do not adhere. 

5. 

The  Management  Board's  rules  of  procedure  shall  establish  more  detailed  voting 
arrangements, in particular the circumstances in which a member may act on behalf 
of another member, plus any quorum requirements, where need be. 

Article 27 
Functions of the Management Board 

The Management Board shall ensure that the Office performs the tasks assigned to it. It shall 
be the Office's planning and monitoring body. In particular, it shall: 

(a) 

adopt its rules of procedure; 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

appoint the Executive Director as laid down in Article 28; exercise disciplinary 
authority over the Executive Director and, where necessary, suspend or dismiss 
him; 

adopt  the  annual  general  report  on  the  Office’s  activities  and  forward  it  by 
15 June  of  the  following  year  at  the  latest  to  the  European  Parliament,  the 
Council,  the  Commission  and  the  European  Court  of  Auditors;  the  general 
report shall be made public; 

before  30  September  each  year,  on  the  basis  of  a  draft  put  forward  by  the 
Office's Executive Director and after receiving the opinion of the Commission, 
adopt, by a majority of three quarters of its members with the right to vote, the 
Office’s work programme for the coming year and forward it to the European 
Parliament,  the  Council  and  the  Commission;  this  work  programme  shall  be 
adopted  in  accordance  with  the  annual  Community  budgetary  procedure  and 
the Community legislative work programme in the area of asylum; 

exercise  its  responsibilities  in  respect  of  the  Office's  budget  as  laid  down  in 
Chapter 5; 

adopt  the  detailed  rules  for  applying  Regulation  (EC)  No  1049/2001  in 
accordance with Article 42 of this Regulation; 

establish the rules governing the use of languages by the Office in accordance 
with Article 41 of this Regulation; 

establish  the  Office's  organisational  structure  and  adopt  its  staff  policy  in 
accordance with Article 38; 

adopt, having requested the opinion of the Commission, the multiannual staff 
policy plan; 

take all decisions for the purpose of fulfilling the Office's terms of reference as 
laid down in this Regulation; 

EN 

22 

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(k) 

(l) 

take all decisions on the establishment and, where necessary, the development 
of  the  information  systems  provided  for  in  this  Regulation,  including  the 
information portal referred to in point (b) of Article 4; 

take  all  decisions  on  the  establishment  and,  where  necessary,  modification  of 
the Office's internal structures; 

(m) 

exercise disciplinary authority over the Executive Director; 

(n) 

adopt its rules of procedure on the basis of a draft submitted by the Executive 
Director and after receiving the opinion of the Commission; 

Article 28 
Appointment of the Executive Director 

The Office's Executive Director shall be appointed for a period of five years by the 
Management  Board  from  a  list  of  candidates  proposed  by  the  Commission.  Before 
appointment,  the  candidate  selected  by  the  Management  Board  shall  be  invited to 
make  a  statement  before  the  competent  committee  or  committees  of  the  European 
Parliament and answer questions put by its or their members. 

In the course  of the  last nine months  of this  five-year period the Commission shall 
carry out an evaluation focusing on:  

- the performance of the Executive Director; and 

- the Office’s tasks and requirements in coming years. 

The Management Board, acting on a proposal from the Commission and taking into 
account the evaluation report, may extend the term of office of the Director once for 
not  more  than  three  years  but  only  in  cases  where  justified  by  the  purpose  and 
requirements of the Office. 

The  Management  Board  shall  inform  the  European  Parliament  of  its  intention  to 
extend the Executive Director's term of office. In the month prior to such extension 
of his/her term the Executive Director may be invited to make a statement before the 
competent  committee  or  committees  of  the  European  Parliament  and  answer 
questions put by its or their members. 

Article 29 
Functions of the Executive Director 

The Office shall be managed by its Executive Director, who shall be independent in 
the performance of his/her duties. The Executive Director shall be accountable to the 
Management Board for his/her activities. 

Without prejudice to the powers of the Commission or the Management Board, the 
Executive Director shall neither seek nor take instructions from any government or 
from any other body. 

1. 

2. 

3. 

1. 

2. 

EN 

23 

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3. 

4. 

5. 

6. 

1. 

2. 

3. 

The  European  Parliament  and  the  Council  may  invite  the  Executive  Director  to 
report on the performance of his/her tasks. 

The Executive Director shall be the legal representative of the Office. 

The  Executive  Director  may  be  assisted  by  one  or  more  heads  of  unit.  If  the 
Executive Director is absent or indisposed, a head of unit shall take his/her place. 

The Executive Director shall be responsible for: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

the day-to-day administration of the Office;  

establishing the Office's work programmes, having received the opinion of the 
Commission;  

implementing the work programmes and decisions adopted by the Management 
Board;  

drafting  reports  on  the  countries  of  origin  as  provided  for  in  point  (d)  of 
Article 4; 

preparing 
Management Board under Article 37, and its implementing rules. 

the  Office's  draft  financial  regulation  for  adoption  by 

the 

the  preparation  of  the  Office's  draft  statement  of  estimates  of  revenue  and 
expenditure and of execution of its budget;  

exercising the powers laid down in Article 38 in respect of Office staff; 

all  staff  matters;  taking  all  decisions  on  the  management  of  the  information 
systems  provided  for  in  this  Regulation,  including  the  information  portal 
referred to in point (b) of Article 4; 

(i) 

taking all decisions on the management of the Office's internal structures. 

Article 30 
Executive Committee  

In  the  interests  of  speed  and  efficiency,  the  Office  shall  set  up  an  Executive 
Committee  with  eight  members  appointed  from  among  the  members  of  the 
Management Board.  

The  Commission  shall  be  an  ex  officio  member  of  the  Executive  Committee.  The 
Management  Board  of  the  Office  shall  lay  down  the  rules  applicable  to  the 
appointment of other members of the Executive Committee.  

The  Executive  Committee  shall  meet  regularly  at  the  invitation  of  the  Executive 
Director,  or  at  the  request  of  at  least  one third  of  its  members  at  least  four  times  a 
year.  Its  operating  procedures  shall  be  laid  down  in  the  Office's  rules  of  procedure 
and be made public. 

EN 

24 

   EN 

4. 

5. 

6. 

7. 

8. 

9. 

1. 

2. 

3. 

1. 

2. 

The term of office of members of the Executive Committee shall be the same as that 
of members of the Management Board.  

The  Executive  Committee  shall  convene  when  necessary  for  meetings  on  specific 
topics.  

The  Executive  Committee  shall  be  responsible  for  advising  the  Office's  Executive 
Director and issuing opinions to the Management Board, either at the Board's request 
or on its own initiative, on the Office's work programme and all its activities and on 
any occasion where the Office must take quick decisions, especially concerning the 
sending  of  asylum  support  teams  to  Member  States  under  particular  pressure  in 
accordance with the provisions of Chapter 3.  

The  Office  shall  provide  the  technical  and  logistic  support  necessary  for  the 
Executive Committee and provide the secretariat for its meetings. 

At  the  request  of  the  Executive  Committee,  UNHCR  representatives  may  attend 
meetings of the Executive Committee without the right to vote.  

The Executive Committee may invite any person whose opinion may be of interest to 
attend its meetings as an observer.  

Article 31 
Working parties  

As part of its terms of reference as laid down in this Regulation, the Office may set 
up  working  groups  composed  of  experts  from  competent  Member  State  authorities 
operating  in  the  field  of  asylum,  including  judges.  Experts  may  be  replaced  by 
alternates, appointed at the same time.  

The  Commission  shall  take  part  in  the  working  parties  as  of  right.  UNHCR 
representatives may attend all or part of the meetings of the Office's working parties, 
depending on the nature of the issues under discussion.  

The  working  parties  may  invite  any  person  whose  opinion  may  be  of  interest  to 
attend meetings, including representatives of NGOs working in the field of asylum. 

Article 32 
Consultative Forum 

The Office shall cooperate closely with NGOs and civil society institutions operating 
in the field of asylum policy at national, European or international level and shall set 
up a Consultative Forum for this purpose.  

The  Consultative  Forum  shall  constitute  a  mechanism  for  the  exchange  of 
information  and  pooling  of  knowledge.  It  shall  ensure  there  is  close  cooperation 
between  the  Office  and  stakeholders,  and  provide  expertise  and  advice  on  asylum 
matters. 

EN 

25 

   EN 

3. 

The  Consultative  Forum  shall  be  open  to  all  competent  stakeholders  in  accordance 
with  paragraph  1.  The  UNHCR  shall  be  a  member  of  the  Consultative  Forum  ex 
officio.  

4. 

The Consultative Forum shall be responsible in particular for: 

(a) 

(b) 

(c) 

making suggestions to the Management Board on the annual work programme 
to be adopted under point (d) of Article 27; 

providing  feedback  to  the  Management  Board  and  suggesting  measures  as 
follow-up  to  the  annual  report  referred  to  in  point  (c)  of  Article 27  and  the 
annual  report  on  the  asylum  situation  in  the  European  Union  referred  to  in 
Article 12(1); and  

communicating  conclusions  and  recommendations  of  conferences,  seminars 
and meetings relevant to the work of the Office to the Executive Director and 
the Executive Committee. 

The  coordination  of  the  Consultative  Forum  shall  be  under  the  authority  of  the 
Executive Director.  

The Consultative Forum shall meet at least twice a year.  

CHAPTER 5  

FINANCIAL PROVISIONS 

Article 33 
Budget  

Estimates of all the revenue and expenditure of the Office shall be prepared for each 
financial year, corresponding to the calendar year, and shall be shown in the Office's 
budget.  

The Office's budget shall be balanced in terms of revenue and of expenditure. 

Without prejudice to other resources, the Office's revenue shall comprise: 

(a) 

(b) 

(c) 

 a  contribution  from  the  Community  entered  in  the  general  budget  of  the 
European Union; 

any voluntary contribution from the Member States;  

charges for publications, training and any service provided by the Office. 

The  expenditure  of  the  Office  shall  include  staff  remuneration,  administrative  and 
infrastructure  expenses,  operating  costs,  and  expenditure  relating  to  contracts  or 
agreements concluded by the Office. 

5. 

6. 

1. 

2. 

3. 

4. 

EN 

26 

   EN 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Article 34 
Establishment of the budget 

Each year the Executive Director shall draw up a draft statement of estimates of the 
Office's  revenue  and  expenditure  for  the  following  year  together,  including  the 
establishment plan, and forward it to the Management Board. 

The Management Board shall, on the basis of this draft, produce an estimate of the 
Office's revenue and expenditure for the following financial year.  

The  draft  statement  of  estimates  of  the  Office's  revenue  and  expenditure  shall  be 
forwarded to the Commission by 10 February at the latest. The final version of this 
estimate,  which  shall  include  a  draft  establishment  plan,  shall  be  forwarded  by  the 
Management Board to the Commission by 31 March at the latest. 

The  statement  of  estimates  shall  be  forwarded  by  the  Commission  to  the  European 
Parliament and the Council (the "budgetary authority") together with the preliminary 
draft general budget of the European Union. 

On  the  basis  of  the  statement  of  estimates,  the  Commission  shall  enter  in  the 
preliminary  draft  general  budget  of  the  European  Union  the  estimates  it  considers 
necessary for the establishment plan and the amount of the grant to be charged to the 
general  budget,  which  it  shall  place  before  the  budgetary  authority  in  accordance 
with Article 272 of the Treaty. 

The budgetary authority shall authorise the appropriations for the Office's grant. 

The budgetary authority shall adopt the Office's establishment plan. 

The Office's budget shall be adopted by the Management Board. It shall become final 
following  final  adoption  of  the  general  budget  of  the  European  Union.  Where 
necessary, it shall be adjusted accordingly. 

The Management Board shall, as soon as possible, notify the budgetary authority of 
its  intention  to  implement  any  project  which  may  have  significant  financial 
implications  for  the  funding  of  the  budget,  in  particular  any  projects  relating  to 
property such as the rental or purchase of buildings. It shall inform the Commission 
accordingly. 

10. 

Where  a  branch  of  the  budgetary  authority  has  notified  its  intention  to  deliver  an 
opinion, it shall forward its opinion to the Management Board within a period of six 
weeks from the date of the project's notification. 

Article 35 
Implementation of the budget 

The Executive Director shall implement the Office's budget.  

Each  year  the  Executive  Director  shall  forward  to  the  budgetary  authority  all 
information relevant to the findings of the evaluation procedures. 

27 

   EN 

1. 

2. 

EN 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Article 36 
Presentation of accounts and discharge 

By 1 March at the latest following each financial year, the Office's accounting officer 
shall communicate the provisional accounts to the Commission's Accounting Officer 
together with a report on the budgetary and financial management for that financial 
year.  The  Commission’s  Accounting  Officer  shall  consolidate  the  provisional 
accounts of the institutions and decentralised bodies in accordance with Article 128 
of  Regulation  (EC,  Euratom)  No  1605/2002  of  25  June  2002  on  the  Financial 
Regulation applicable to the general budget of the European Communities18. 

By  31  March  at  the  latest  following  each  financial  year,  the  Commission's 
accounting  officer  shall  forward  the  Office's  provisional  accounts  to  the  Court  of 
Auditors, together with a report on the budgetary and financial management for that 
financial  year.  The  report  on  the  budgetary  and  financial  management  for  that 
financial year shall also be forwarded to the European Parliament and the Council. 

On receipt of the Court of Auditors' observations on the Office's provisional accounts 
pursuant  to  Article  129  of  Regulation  (EC,  Euratom)  No  1605/2002,  the  Executive 
Director  shall  draw  up  the  Office's  final  accounts  under  his/her  own  responsibility 
and submit them to the Management Board for an opinion. 

The Management Board shall deliver an opinion on the Office's final accounts. 

The  Executive  Director  shall,  by  1  July  at  the  latest  following  each  financial  year, 
forward the final accounts to the European Parliament, the Council, the Commission 
and the Court of Auditors, together with the Management Board's opinion. 

The final accounts shall be published. 

The Executive Director shall send the Court of Auditors a reply to its observations by 
30  September  at  the  latest.  He/she  shall  also  send  this  reply  to  the  Management 
Board. 

The  Executive  Director  shall  submit  to  the  European  Parliament,  at  the  latter's 
request,  any  information  required  for  the  smooth  application  of  the  discharge 
procedure  for  the  financial  year  in  question,  as  laid  down  in  Article  146(3)  of 
Regulation (EC, Euratom) No 1605/2002. 

On a recommendation from the Council acting by a qualified majority, the European 
Parliament,  shall,  before  15  May  of  year  N  +  2,  give  a  discharge  to  the  Executive 
Director in respect of the implementation of the budget for year N. 

Article 37 
Financial regulation 

The financial regulation applicable to the Office shall be adopted by the Management Board 
after consultation with the Commission. It may not depart from Commission Regulation (EC, 

18 

OJ L 248, 16.9.2002, p. 1. 

EN 

28 

   EN 

                                                 
Euratom) No 2343/2002 of 19 November 200219 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  general  budget  of  the  European  Communities20, 
unless such departure is specifically required for the Office’s operation and the Commission 
has given its prior consent. 

CHAPTER 6  

STAFF PROVISIONS 

Article 38 
Staff  

1. 

2. 

3. 

4. 

The  Staff  Regulations  of  Officials  and  the  Conditions  of  Employment  of  Other 
Servants of the European Communities and the rules adopted jointly by the European 
Community  institutions  for  the  purpose  of  applying  these  Staff  Regulations  and 
Conditions  of  Employment  shall  apply  to  the  staff  of  the  Office,  including  the 
Executive Director.  

The  Management  Board  shall,  in  agreement  with  the  Commission,  adopt  the 
necessary implementing measures referred to in Article 110 of the Staff Regulations 
of  Officials  and  the  Conditions  of  Employment  of  Other  Servants  of  the  European 
Communities. 

The powers conferred on the appointing authority by the Staff Regulations and on the 
authority  entitled  to  conclude  contracts  by  the  Conditions  of  Employment  of  Other 
Servants shall be exercised by the Office in respect of its own staff. 

The  Management  Board  may  adopt  provisions  to  allow  national  experts  from 
Member States to be employed on secondment to the Office. 

Article 39 
Privileges and immunities 

The  Protocol  on  the  Privileges  and  Immunities  of  the  European  Communities  shall 
apply to the Office.  

19 

20 

Regulation  (EC,  Euratom)  No  2343/2002  (OJ  L  357,  31.12.2002,  p.  72),  as  amended  by  Regulation 
(EC, Euratom) No 652/2008 (OJ L 181, 10.7.2008, p. 23). 
OJ L 248, 16.9.2002, p. 1. 

EN 

29 

   EN 

                                                 
CHAPTER 7  

GENERAL PROVISIONS 

Article 40 
Legal status 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

1. 

2. 

The Office shall be a body of the Community. It shall have legal personality. 

In each of the Member States the Office shall enjoy the most extensive legal capacity 
accorded to legal persons under their laws. It may, in particular, acquire and dispose 
of movable and immovable property and be a party to legal proceedings. 

The Office shall be represented by its Executive Director. 

The headquarters of the Office shall be located in […]. .. 

Article 41 
Language arrangements 

The  provisions  laid  down  in  Regulation  No  1  of  15  April  1958  determining  the 
languages  to  be  used  in  the  European  Economic  Community  shall  apply  to  the 
Office21. 

Without  prejudice  to  decisions  taken  on  the  basis  of  Article  290  of  the  Treaty,  the 
annual  general  report  on  the  Office’s  activities  and  the  annual  work  programme 
referred  to  in  points  (c)  and  (d)  of  Article  27  shall  be  produced  in  all  the  official 
languages of the Community. 

The translation services required for the functioning of the Office shall be provided 
by the Translation Centre of the bodies of the European Union. 

The  Management  Board  shall  establish  the  practical  arrangements  for  the 
implementation of the language arrangements. 

Article 42 
Access to documents 

Regulation  (EC)  No  1049/2001  of  the  European  Parliament  and  of  the  Council  of 
30 May  2001  regarding  public  access  to  European  Parliament,  Council  and 
Commission documents22 shall apply to documents held by the Office. 

The  Management  Board  shall  adopt  the arrangements  for  implementing  Regulation 
(EC) No 1049/2001 within six months of entry into force of this Regulation. 

21 
22 

OJ 17, 6.10.1958, p. 385.  
OJ L 145, 31.5.2001, p. 43. 

EN 

30 

   EN 

                                                 
3. 

4. 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

Decisions taken by the Office under Article 8 of Regulation (EC) No 1049/2001 may 
form the subject of a complaint to the Ombudsman or of an action before the Court 
of Justice of the European Communities, under the conditions laid down in Articles 
195 and 230 of the Treaty respectively.  

The  processing  of  data  of  a  personal  nature  by  the  Office  shall  be  subject  to  the 
provisions  of  Regulation  (EC)  No  45/2001  of  the  European  Parliament  and  of  the 
Council  of  18  December  2000  on  the  protection  of  individuals  with  regard  to  the 
processing of personal data by the Community institutions and bodies and on the free 
movement of such data23. 

Article 43 
Security rules on the protection of classified information and non-classified sensitive 
information 

The  Office  shall  apply  the  security  principles  contained  in  Commission  Decision 
2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal rules of 
procedure.  This  shall  cover,  inter  alia,  provisions  for  the  exchange,  processing  and 
storage of classified information.  

The  Office  shall  also  apply  the  security  principles  relating  to  the  processing  of 
non-classified  sensitive  information  as  adopted  and  implemented  by  the  European 
Commission.  

Article 44 
Provisions on liability 

The  Office's  contractual  liability  shall  be  governed  by  the  law  applicable  to  the 
contract in question. 

The  Court  of  Justice  of  the  European  Communities  shall  have  jurisdiction  to  give 
judgment pursuant to any arbitration clause contained in a contract concluded by the 
Office. 

In  the  case  of  non-contractual  liability,  the  Office  shall,  in  accordance  with  the 
general  principles  common  to  the  laws  of  the  Member  States,  make  good  any 
damage caused by its departments or by its staff in the performance of their duties. 

The Court of Justice of the European Communities shall have jurisdiction in disputes 
over compensation for damages referred to in paragraph 3. 

The  personal  liability  of  its  staff  towards  the  Office  shall  be  governed  by  the 
provisions  laid  down  in  the  Staff  Regulations  or  Conditions  of  Employment 
applicable to them. 

23 

OJ L 8, 12.1.2001, p. 1. 

EN 

31 

   EN 

                                                 
Article 45 
Evaluation and review  

1. 

No  later  than  three  years  after  the  date  referred  to  in  Article 51,  the  Office  shall 
commission  an  independent  external  evaluation  of  its  achievements  on  the  basis  of 
terms  of  reference  issued  by  the  Management  Board  in  agreement  with  the 
Commission. 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.  This  evaluation  shall 
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. 

2. 

The Management Board, in agreement with the Commission, shall decide the timing 
of  future  evaluations,  taking  into  account  the  findings  of  the  evaluation  report 
referred to in paragraph 1. 

Article 46 
Administrative controls  

The  activities  of  the  Office  shall  be  subject  to  the  supervision  of  the  Ombudsman  in 
accordance with Article 195 of the Treaty. 

Article 47 
Cooperation with third and associate countries 

1. 

2. 

The  Office  shall  be  open  to  the  participation  of  countries  which  have  concluded 
agreements with the European Community by virtue of which they have adopted and 
applied Community legislation in the field covered by this Regulation. Arrangements 
shall  be  made  under  the  relevant  provisions  of  those  agreements,  specifying  in 
particular the nature, extent and manner in which those countries are to participate in 
the  Office's  work.  Such  arrangements  shall 
to 
participation in initiatives undertaken by the Office, financial contributions and staff. 
As regards staff matters, those agreements shall, in any event, conform to the Staff 
Regulations  of  officials  of  the  European  Communities  and  the  Conditions  of 
Employment of other servants of the European Communities. 

include  provisions  relating 

In matters connected with its activities and to the extent required for the fulfilment of 
its  tasks  the  Office  shall,  in  agreement  with  the  Commission,  facilitate  operational 
cooperation  between  Member  States  and  third  countries  in  the  framework  of  the 
European  Union's  external  relations  policy,  and  may  also  cooperate  with  the 
authorities of third countries competent in technical aspects of the areas covered by 
this  Regulation,  within  the  framework  of  working  arrangements  concluded  with 
those authorities, in accordance with the relevant provisions of the Treaty. 

EN 

32 

   EN 

Article 48 
Cooperation with the UNHCR  

The Office shall cooperate with the UNHCR in the areas governed by this Regulation within 
the framework of working arrangements concluded with it. 

The Office may make grants to the UNHCR. These grants shall be made in order to finance 
activities  that  will  enable  the  Office  to  avail  itself  of  the  UNHCR's  expertise  in  asylum 
matters  on  a  stable  and  sustainable  footing.  They  shall  form  part  of  the  special  cooperation 
relations established between the Office and the UNHCR in accordance with this Article and 
with  Articles  2(5),  9(1),  23(4),  30(8),  31(2)  and  32(3).  In  accordance  with  Article 75  of 
Regulation  (EC,  Euratom)  No  2343/2002,  the  relevant  provisions  of  Regulation  (EC, 
Euratom) No 1605/2002 and its implementing rules shall apply. 

Article 49 
Cooperation with Frontex, FRA and other Community bodies and with international 
organisations 

The  Office  shall  cooperate  with  Community  bodies  having  activities  related  to  its  field  of 
activity,  and  in  particular  with  the  European  Agency  for  the  Management  of  Operational 
Cooperation at the External Borders of the Member States of the European Union (Frontex) 
and  the  European  Union  Agency  for  Fundamental  Rights  (FRA)  and  with  international 
organisations  competent  in  matters  covered  by  this  Regulation,  within  the  framework  of 
working arrangements concluded with those bodies, in accordance with the EC Treaty and the 
provisions on the competence of those bodies.  

Cooperation shall create synergies between the bodies concerned and prevent any duplication 
of effort in the work carried out pursuant to their terms of reference. 

Article 50 
Headquarters agreement and operating conditions  

The necessary arrangements concerning the accommodation to be provided for Office in the 
host State and the facilities to be made available by that State together with the specific rules 
applicable in the Office's host State to the Executive Director, members of the Management 
Board,  Office  staff  and  members  of  their  families  shall  be  laid  down  in  a  headquarters 
agreement  between  the  Office  and  the  host  State  concluded  once  the  Management  Board's 
approval  is  obtained.  The  headquarters  State  should  provide  the  best  possible  conditions  to 
ensure  the  proper  functioning  of  the  Office,  including  multilingual,  European-oriented 
schooling and appropriate transport connections. 

Article 51 
Start of the Office's activities 

The Office shall become operational within one year of the entry into force of this Regulation. 

The Commission shall be responsible for the establishment and initial operation of the Office 
until it has the operational capacity to implement its own budget. 

EN 

33 

   EN 

To this end: 

–  until  such  time  as  the  Executive  Director  of  the  Office  takes  up  his/her  duties  following 
his/her  appointment  by  the  Management  Board  in  accordance  with  Article  28  of  this 
Regulation, a Commission official may act as interim Director and exercise the functions 
assigned to the Office's Executive Director; 

–  Commission  officials  may  carry  out  the  tasks  assigned  to  the  Office  under  the 

responsibility of its interim Director or Executive Director. 

The  interim  Director  may  authorise  all  payments  covered  by  appropriations  entered  in  the 
Office's  budget  after  approval  by  the  Management  Board  and  may  conclude  contracts, 
including staff contracts, following the adoption of the Office's establishment plan. 

Article 52 
Entry into force  

This Regulation shall enter into force on the […] day following that of its publication in the 
Official Journal of the European Union. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the Council 
The President 

EN 

34 

   EN 

 
 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal for a Council Regulation establishing a European Asylum Support Office 

2. 

ABM/ABB FRAMEWORK 

Policy area concerned: Area of freedom, security and justice (Title 18) 

Associated activity: Migration Flows — Common immigration and asylum policies 
(Chapter 18.03) 

3. 

BUDGET LINES: 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex-BA lines)), including headings: 

Financial framework 2007-2013: Heading 3 A 

Chapter 18.03, Migration flows, common immigration and asylum policies: 

- creation of an Article 18 03 XX "European Asylum Support Office" 

- creation of an Item 18 03 XX XX "European Asylum Support Office" – grant under 
Titles 1 and 2 

- creation of an Item 18 03 XX XX XX "European Asylum Support Office" – grant 
under Title 3 

The  choice  of  article  and  items  under  Chapter  18  03  will  be  determined  under  the 
budget procedure for 2010. 

3.2. 

Duration of the action and of the financial impact: 

It is proposed to establish the agency from the 2010 budget year.  

Work on the establishment of the agency will be started by the Commission in 2009 
and be financed from existing financial instrument.  

3.3. 

Budgetary characteristics: 

Budget 
line 

See 
Section 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from candidate 
countries 

Heading in 
Financial 
Perspective 

NCE 

DA24  

YES 

NO 

NO 

3A 

24 

Differentiated appropriations. 

EN 

35 

   EN 

                                                 
3.1 

EN 

36 

   EN 

 
 
 
 
 
 
 
 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

Type of expenditure 

Section 
No 

Operational expenditure25 

EUR million (to 3 decimal places) 

Year 
2010 

2011

2012

2013 

n +5 
and 
later 

n + 
4 

Total 

Commitment  appropriations 
(CA) 

8.1. 

a 

5,25 

8 

12 

15 

appropriations 

Payment 
(PA) 
Administrative expenditure within reference amount26 

5,25 

b 

8 

12 

15 

Technical  &  administrative 
assistance (NDA) 

8.2.4. 

c 

TOTAL REFERENCE AMOUNT 

Commitment 
appropriations 

Payment appropriations 

5,25 

5,25 

a + 
c 

b + 
c 

8 

8 

12 

15 

12 

15 

Administrative expenditure not included in reference amount27 

Human 
resources 
associated costs (NDA) 

and 

8.2.5. 

Administrative costs, other than 
human resources and associated 
costs,  not  included  in  reference 
amount (NDA) 

8.2.6. 

d 

e 

0,976 

0,976 

0,976 

0,610 

0,010 

0,025 

0,025 

0,025 

40,25 

40,25 

40,25 

40,25 

3,538 

0,085 

25 
26 
27 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within Article xx 01 04 of Title xx. 
Expenditure under Chapter xx 01 other than under Articles xx 01 04 and xx 01 05. 

EN 

37 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Total indicative financial cost of intervention 

TOTAL CA, including cost 
of human resources 

TOTAL PA, including cost 
of human resources 

a + 
c + 
d + 
e 

b + 
c + 
d + 
e 

6,236  9,001 

13,001 

15,635 

43,873 

6,236

9,001 

13,001 

15,635 

43,873 

Cofinancing details  

If  the  proposal  involves  cofinancing  by  Member  States  or  other  bodies  (please 
specify which), an estimate of the level of this cofinancing should be indicated in the 
table below (additional lines may be added if it is proposed that more than one body 
participate in the cofinancing): 

EUR million (to 3 decimal places) 

Year 
n 

n + 1

n + 2

n + 3

n + 4 

n  +5 
and 
later 

Total 

Cofinancing body 

…………………… 

TOTAL  CA 
cofinancing 

including 

f 

a + c 
+ d 
+ e + 
f 

4.1.2.  Compatibility with financial programming  

⌧  Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement (i.e. flexibility instrument or review of the financial perspective)28. 

4.1.3.  Financial impact on revenue 

⌧  Proposal has no financial implications on revenue  

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

EUR million (to 1 decimal place) 

Prior to 

Situation following action 

28 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

38 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Budget line 

Revenue 

action 
[Year 
n–1]

[Yea
r n] 

[n + 
1] 

[n + 
2] 

[n + 
3] 

[n + 
4] 

[n + 
5]29

(a) Revenue in absolute terms  

(b) Change in revenue 

 ∆ 

4.2.  Human resources FTE (including officials, temporary and external staff) – see detail 
under point 8.2.1. 

Annual requirements 

2010 

2011 

201
2 

2013 

and 
later  

number 
Total 
human resources 

of 

8 

 8 

 8 

 5 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

The  Office  will  be  responsible  for  facilitating,  coordinating  and  strengthening 
practical  cooperation  among  Member  States,  and  between  Member  States  and  the 
Commission,  on  the  many  aspects  of  asylum  and  for  helping  to  improve  the 
implementation  of  the  Common  European  asylum  System,  including  its  external 
dimensions. 

Pursuant  to  the  express  request  of  the  European  Council  of  September  2008,  the 
Office  should  be  operational  in  2010  after  adoption  of  the  founding  act  by  the 
legislative authority in 2009.  

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

The Policy Plan on Asylum adopted by the Commission in June 2008 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 asylum.  

The  setting-up  of  the  Office  satisfies  the  second  objective  and  will  provide  the 
necessary appropriate support for practical cooperation on asylum. 

29 

Additional columns should be added if necessary, i.e. if the duration of the action exceeds six years. 

EN 

39 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

The  aim  of  the  proposal  is  to  set  up  a  regulatory  agency  tasked  with  providing  the 
support necessary for practical cooperation on the many aspects of asylum.  

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  be  focused  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 of the Regulation is devoted to the coordination by the Office of 
asylum  support  teams  made  up  of  asylum  experts  that  will  provide  operational 
support  to  Member  States  subject  to  strong  pressure  on  their  asylum  systems  that 
apply to the Office for its support. 

5.4.  Methods of Implementation (indicative) 

⌧  Centralised management 

(cid:133) 

(cid:133) 

directly by the Commission 

Indirectly by delegation to: 

(cid:133) 

executive agencies 

⌧ 

bodies set up by the Communities referred to in Article 185 of the 
Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with a public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member States 

(cid:133)  with third countries 

(cid:133) 

Joint management with international organisations (please specify) 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

The  Office  will  be  subject  to  the  standard  monitoring  procedures  for  regulatory 
agencies.  

EN 

40 

   EN 

The  Office  will  be  managed  by  its  Executive  Director,  who  will  be  independent  in 
the  day-to-day 
the  performance  of  his/her  duties  and  be  responsible  for 
administration of the Office. 

The Office will be subject to a number of obligations by which its performance will 
be evaluated each year:  

- it will publish an annual general report on the Office’s activities, and  

- it will draw up an annual report on the situation of asylum in the European Union. 
As  part  of  this  report,  the  Office  shall  evaluate  the  results  of  activities  carried  out 
under this Regulation and make a comprehensive comparative analysis of them with 
the aim of promoting a better understanding of good practice by the Member States 
and improving the quality, consistency and effectiveness of the Common European 
Asylum System.  

The  Office  will  be  subject  to  the  following  controls:  budgetary  control,  internal 
audits,  annual  reports  by  the  European  Court  of  Auditors,  the  annual  discharge  for 
the execution of the Community budget and the investigations conducted by OLAF 
to ensure, in particular, that the resources allocated to agencies are put to proper use. 

The activities of the Office shall be subject to the supervision of the Ombudsman in 
accordance  with  Article  195  of  the  Treaty.  These  administrative  controls  provide  a 
number  of  procedural  safeguards  to  ensure  that  account  is  taken  of  the  interests  of 
stakeholders and of the quality of output. 

6.2. 

Evaluation 

6.2.1.  Ex ante evaluation 

The ex ante evaluation was carried out as part of the impact assessment report.  

6.2.2.  Terms and frequency of future evaluations 

No  later  than  three  years  after  the  date  referred  to  in  Article 45,  the  Office  will 
commission  an  independent  external  evaluation  of  its  achievements  on  the  basis  of 
terms  of  reference  issued  by  the  Management  Board  in  agreement  with  the 
Commission. 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.  The  Management  Board,  in  agreement  with  the  Commission, 
will decide the timing of future evaluations, taking into account the findings of the 
first evaluation report. 

7. 

Anti-fraud measures 

In order to combat fraud, corruption and other unlawful activities, the provisions of 
Regulation (EC) No 1073/1999 will apply without restriction. 

EN 

41 

   EN 

The  agency  will  accede  to  the  Interinstitutional  Agreement  of  25  May  1999  and 
issue, without delay, the appropriate provisions applicable to all the employees of the 
agency.  

Decisions  concerning  funding  and  the  implementing  agreements  and  instruments 
resulting  therefrom  will  explicitly  state  that  the  European  Court  of  Auditors  and 
OLAF  may  carry  out,  if  necessary,  on-the-spot  checks  of  the  recipients  of  the 
agency's funding and the agents responsible for its allocation. 

EN 

42 

   EN 

8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

(Headings  of  objectives,  actions  and 
outputs should be provided) 

Av. 
cost 

T
y
p
e

o
f

o
u
t
p
u
t

OPERATIONAL OBJECTIVE No 130 

Provide  the  support 
necessary 
for 
practical  cooperation 
on  the  many  aspects 
of asylum. 

Action 1 

30 

As described in Section 5.3. 

EN 

Commitment appropriations in EUR million (to 3 decimal places) 

Year 2010 

Year 2011 

Year 2012 

Year 2013 

Year n+4 

Year n+5 and 
later 

TOTAL 

of 

No 
outputs 

Total 
cost 

of 

No 
outputs 

Total 
cost 

of 

No 
outputs 

Total 
cost 

No  of 
outputs 

Total 
cost 

No 
of 
outputs 

Tota
l 
cost 

of 

No 
outputs 

Tota
l 
cost 

of 

No 
outputs 

Total 
cost 

43 

EN 

 
  
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
0,050 

0,050 

0,500 

0,025 

0,400 

0,500 

0,050 

0,600 

0,700 

0,050 

0,800 

0,900 

0,250 

0,250 

0,300 

0,400 

0,150 

0,150 

0,200 

0,500 

0,450 

0,450 

0,700 

0,900 

0,450 

0,450 

0,700 

0,900 

0,050 

0,050 

0,100 

0,100 

0,175 

1,85 

2,6 

1,2 

1 

2,5 

2,5 

0,3 

0,080 

0,085 

0,200 

0,300 

0,665 

Equipment 

Infrastructure 

Action 231  

Action 332 

Action 433 

Action 534 

Action 635 

Action 736 

Action 837 

31 
32 
33 
34 
35 
36 

Information technology./data processing. 
Risk analysis/needs assessment. 
Direct support. 
Capacity building. 
Planning, research.  
External relations. 

EN 

44 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
2,030 

2,360 

3,550 

4,850 

12,79 

Subtotal Objective 1 

OPERATIONAL OBJECTIVE No 2 

Ensure efficient administration 

Action 138 

Action 239 

Action 340 

1,010 

1,010 

1,200 

1,300 

2,200 

4,600 

7,200 

8,800 

0,010 

0,030 

0,050 

0,050 

Subtotal Objective 2 

3,220 

5,640 

8,450 

10,150 

TOTAL COST 

5,250 

8,000 

12,000 

15,000 

4,52 

22,8 

0,14 

27,46 

40,25 

37 
38 
39 
40 

Information, communication. 
Events, meetings, etc. 
Human resources of Office. 
Staff training. 

EN 

45 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                                                                                                                                                                                    
8.2. 

Administrative expenditure 

8.2.1.  Number and type of human resources 

Types of post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

Year 
2010 

Year 2011 

Year 2012 

Year 2013 

Year n+4 

Year n+5 

 4,5 

 4,5 

 4,5 

 3,5 

3,5 

3,5 

3,5 

1,5 

Officials or 
temporary 
staff41 (XX 01 
01) 

A*/
AD 

B*, 
C*/
AST 

financed42  by 

Staff 
Art. XX 01 02 

Other  staff43  financed 
by Art. XX 01 04/05 

TOTAL 

8 

 8 

 8 

 5 

8.2.2.  Description of tasks deriving from the action 

In the early years of the agency, AD officials will be responsible for supporting the 
establishment  of  the  Office  and  sitting  on  the  Office's  management  and  executive 
committees and taking part in working parties, where necessary.  

AST officials will provide administrative support, for example support for missions 
and general administrative support.  

8.2.3. 

Sources of human resources (statutory) 

X 

Posts currently allocated to the management of the programme to be replaced 
or extended 

(cid:133) 

Posts pre-allocated within the APS/PDB exercise for year 2010  

X 

X 

(cid:133) 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment)  

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

41 
42 
43 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included in the reference amount. 

EN 

46 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Number of Office human resources (start-up and operational phase)  

The  information  below  is  indicative.  It  is  based  on  the  evidence  provided  in  the 
ex ante analysis of the impact assessment of the Office's establishment. Note that the 
numbers  used  in  this  financial  statement  are  based  on  the  maximum  numbers  used 
for  the  ex ante  analysis.  The  real  figures  are  likely  to  be  lower  than  those  given 
below.  

Human  resources  and  administrative  needs  will  be  covered  by  the  managing  DG’s 
allocation under the annual allocation procedure in the light of budgetary constraints. 

Year 

2010 

2011 

2012 

2013 

TOTAL 

Human resources to be recruited gradually 

24 (AT) 

36 (18 AT, 18 AC) 

20 (10AT, 10 AC) 

14 (10 AT, 4 AC) 

94 (62 AT, 32 AC) 

External  recruitment  will  be  managed  by  the  Office.  The  breakdown  between 
temporary staff (AT) and contract staff (AC) is indicative. 

The Office's staff will consist of operational and administrative staff numbering 94 in 
total.  This  is  an  estimate.  This  information  will  be  fleshed  out  when  the  Office's 
finalised tasks and requirements in terms of human and administrative resources are 
known after negotiation of the founding Regulation. Nevertheless, an initial estimate 
of requirements is given below in terms of the staff needed for the various tasks to be 
assigned to the Office under its founding Regulation 

Estimate of EASO staff requirements  

Minimum number of staff (from 2011 when the agency is up and running) 

Tasks 

AD staff 

AST staff 

Management and horizontal staff 

Pooling good practice44 

Legislative support45 

7 

7 

4 

6 

4 

2 

44 

45 

Exchanges of information and identification and pooling of good practice among Member States in the 
field of asylum.  
Contribution to the implementation of the Common European Asylum System.  

EN 

47 

   EN 

 
 
 
                                                 
Experts pool46 

Relocation47 

Regional protection programmes48 

Resettlement49 

Country-of-origin information50 

Training51 

All operational staff 

All operational + horizontal staff 

2 

1 

1 

1 

9 

5 

30 

37 

1 

2 

5 

3 

17 

23 

Grand total AD + AST staff 

60 

Maximum number of staff  

Tasks 

AD staff AST staff

Management and horizontal staff 

Pooling good practice 

Legislative support 

Experts pool 

Relocation 

Regional protection programmes 

7 

7 

3 

3 

3 

8 

12 

6 

5 

1 

2 

46 

47 
48 

49 
50 

51 

Support for the asylum support teams set up under the Regulation to provide operational assistance to 
Member States subject to particular pressure on their asylum systems. 
Supporting intra-Community transfers of those accorded international protection. 
Cooperation  with  third  countries,  especially  building  the  capacity  of  third  countries  within  the 
framework of regional protection programmes.  
Activities to resettle refugees in the EU.  
Information  about  the  countries  of  origin  of  asylum  seekers  and  people  applying  for  international 
protection. 
Development and organisation of training for administrations and courts, plus national administrations 
with responsibility for asylum in the Member States. 

EN 

48 

   EN 

 
 
 
 
 
 
 
 
                                                 
Resettlement 

Country-of-origin information 

Training 

All operational staff 

All operational + horizontal staff 

2 

11 

11 

50 

58 

7 

7 

29 

36 

Grand total AD + AST staff 

94 

Between  30  to  60  people  will  be  required  for  the  operational  management  of  practical 
cooperation on asylum and other people will be responsible for the Office's administration.  

Calculation: Office staff 

24 people = EUR 2.2 million (2010) 

60 people = EUR 4.6 million (2011) 

80 people = EUR 7.2 million (2012) 

94 people = EUR 8.8 million (2013) 

These  amounts  are  calculated  on  the  basis  of  EUR  122 000  a  year  for  temporary  staff  and 
EUR 64 000 for contract staff. Staff recruited in the course of the year are calculated over 6 
months, except for the first year when 9 months is used for the calculation. 

EN 

49 

   EN 

 
 
 
8.2.4.  Other  administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

NOT APPLICABLE 

EUR million (to 3 decimal places) 

Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year n+5 

TOTAL 

and later 

Budget line 

(number and heading) 

Technical 

and 
1. 
1 
assistance 
administrative 
(including related staff costs)

Executive agencies52 

Other 
administrative assistance 

technical 

and 

- intra muros  

- extra muros 

Total 
administrative assistance 

technical 

and 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

The calculation is based on point 8.2.1. 

Type of human resources 

Year 2010

Year 
2011 

Year 
2012 

Year 2013 Year n+4 

Year n+5 
and later 

EUR million (to 3 decimal places) 

Officials  and  temporary  staff  (18  01 
01) 

Staff  financed  by  Art  XX  01  02 
(auxiliary, END, contract staff, etc.) 

(specify budget line) 

Total cost of human resources and 
associated costs (NOT in reference 
amount) 

0,976 

0,976 

0,976 

0,610 

3,538 

0,976 

0,976 

0,976 

0,610 

3,538 

52 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

50 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation – Officials and temporary staff 

AD/AST – EUR 122 000 a year x 8 people = EUR 976 000 (2010, 2011 and 2012) 

AD/AST – EUR 122 000 a year x 5 people = EUR 610 000 (2013) 

Calculation – Staff financed under Article XX 01 02 

Not applicable 

8.2.6.  Other administrative expenditure not included in reference amount 

This  is  administrative  expenditure  for  the  Commission  staff  referred  to  above,  to  be 
discussed before amounts are entered.  

EUR million (to 3 decimal places)

Year 

2010 

Year 
2011 

Year 
2012 

Year 
2013 

Year 
n+4 

TOTAL 

Year 
n+5 
and 
later 

XX 01 02 11 01 – Missions 

0,010 

0,025 

0,025 

0,025 

0,085 

XX 01 02 11 02 – Meetings and conferences 

XX 01 02 11 03 – Committees53 

XX 01 02 11 04 – Studies and consultations 

XX 01 02 11 05 - Information systems 

2. Total other management expenditure 

(XX 01 02 11) 

3.  Other 

expenditure 
nature 

of 
an 
(specify, 

administrative 
including reference to budget line) 

Total administrative expenditure, other 
than  human  resources  and  associated 
costs 
in  reference 
included 
amount) 

(NOT 

0,010 

0,025 

0,025 

0,025 

0,085 

53 

Specify type of committee and the group to which it belongs. 

EN 

51 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation - Other administrative expenditure not included in reference amount 

Missions  by  officials  to  take  part  in  meetings  of  the  Management  Board  and/or  Executive 
Committee (the true cost will depend on where the headquarters of the agency are located). 
Estimate: 10 missions for 2010 and 25 mission for other years. 

EN 

52 

   EN