Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 A contribution from the European Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018
Date: 2018-09-12
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU Member State, EU migration policy, EU office or agency, aid to refugees, foreign national, operation of the Institutions, right of asylum

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 12.9.2018 COM(2018) 633 final 2016/0131 (COD)  Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010      A contribution from the European Commission to the Leaders’ meeting in  Salzburg on 19-20 September 2018  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE AMENDED PROPOSAL 

Reasons for and objectives of the amended proposal 

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

In  its  conclusions,  the  European  Council  reconfirmed  the  importance  of  relying  on  a 
comprehensive  approach  to  migration  and  considered  that migration  is  a  challenge  not  only 
for one Member State but for Europe as a whole. In this respect, it highlighted the importance 
for  the  Union  to  provide  full  support  to  ensure  an  orderly  management  of  migration  flows. 
The  main  principles  agreed  in  the  conclusions  of  European  Council  have  also  been  further 
supported by Member States in different fora2, with an emphasis put on the need to reinforce 
the  tools  of  European  solidarity.  The  European  Union  Agency  for  Asylum  should  be  a 
tangible  example  of  European  solidarity  and  it  must  be  able  to  meet  the  level  of  ambition 
needed for the European Union to have an efficient and effective Common European Asylum 
System ('CEAS').  

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

As a follow-up to the European Council conclusions, the Commission developed the concepts 
of regional disembarkation arrangements as well as the controlled centres and is working with 
Member States, relevant Union agencies and other stakeholders to implement these concepts 
based on a shared effort with full Union support. In this context, and in view of the changes 
being proposed  to the Regulation on the European Border and Coast  Guard, the aim of this 
amended  proposal  is  also  to  reinforce  the  elements  of  cooperation  between  the  European 
Union  Agency  for  Asylum  and  the  European  Border  and  Coast  Guard  to  reflect  the 
Commission’s proposal amending the Regulation on the European Border and Coast Guard, 

1 
2 

EUCO 28.06.2018. 
Meseberg  declaration  of  Germany  and  France  "Renewing  Europe’s  promises  of  security  and 
prosperity", 19 June 2018. 

EN 

1 

  EN 

 
                                                 
in  particular  as  regards the  deployment  of  migration  management  support  teams  at  hotspots 
and controlled centres. In this respect, the Commission addresses the need to ensure synergies 
between the procedures for international protection and return through coordination between 
the national competent authorities and relevant Union agencies.  

This  amended  proposal  needs  to  be  addressed  in  the  context  of  the  inter-institutional 
negotiations on the proposal for a Regulation on the European Union Agency for Asylum and 
repealing  Regulation  (EU)  No  439/2010  presented  by  the  Commission  on  4  May  2016.3 
Those negotiations have led to a provisional agreement between the European Parliament and 
the  Council  on  28  June  2017,  which  the  Commission  considers  will  already  significantly 
strengthen the mandate of the European Union Agency for Asylum (‘the Agency’) compared 
to  the  current  mandate  of  the  European  Asylum  Support  Office.  The  adoption  of  the 
Regulation  on  the  European  Union  Agency  for  Asylum  is  pending  considering  on-going 
discussions  on  the  entire  reform  of  the  CEAS.  The  Commission  respects  the  provisional 
agreement  reached  between  the  European  Parliament  and  the  Council  on  28  June  2017  and 
acknowledges  the  value  added  of  that  compromise  compared  to  the  current  regulation.  The 
Commission  considers that this amended proposal should  be discussed in the context  of the 
on-going  negotiations  on  the  CEAS  reform  and  should  be  seen  as  complementing  those 
discussions. This amended proposal should not in any way further delay the adoption of the 
Regulation on the European Union Agency for Asylum. 

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

Consistency with existing policy provisions in the policy area 

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

• 

Consistency with other Union policies 

This  proposal  is  consistent  with  the  comprehensive  long-term  policy  on  better  migration 
management  as  set  out  by  the  Commission  in  the  European  Agenda  on  Migration,  which 
developed  President  Juncker’s  Political  Guidelines  into  a  set  of  coherent  and  mutually 
reinforcing initiatives based on four pillars. Those pillars consist of reducing the incentive for 
irregular migration, securing external borders and saving lives, a strong asylum policy and a 
new  policy  on  legal  migration.  This  proposal  further  implements  the  European  Agenda  on 
Migration,  more  specifically  as  regards  the  objective  of  strengthening  the  Union’s  asylum 
policy  since  the  European  Union  Agency  for  Asylum  will  ensure  a  full  and  coherent 

3 
4 

COM(2016) 271 final. 
EUCO 19.02.2016. 

EN 

2 

  EN 

 
                                                 
implementation  of the CEAS. It responds  to  calls  by the European  Council in  June 2018 to 
rely on a comprehensive approach to migration which brings together more effective control 
of the Union’s external border, strengthens external action as well as the internal aspects, in 
particular those related the CEAS reform.  
The revised Framework Financial Regulation5 for decentralised agencies, including reinforced 
rules on governance of these agencies in  the area of fraud, irregularities, conflict of interest 
rules and internal control will supplement the rules contained in this proposal 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

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

• 

Subsidiarity  

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

Since  it  is  a  common  and  shared  interest  to  ensure  the  proper  application  of  the  legal 
framework on asylum and the efficient functioning of the Common European Asylum System 
as  a  whole,  the  objectives  of  this  proposal  cannot  be  sufficiently  achieved  by  the  Member 
States and can therefore, by reason of the scale and effects of the action, be better achieved at 
the  level  of  the  Union,  the  Union  may  adopt  measures  in  accordance  with  the  principle  of 
subsidiarity as set out in Article 5 of the Treaty on the European Union (TEU).  

• 

Proportionality 

The proposal provides for the possibility for the Agency to provide enhanced support by the 
Agency including through its involvement in the procedure for international protection at the 
administrative  stage  and  in  the  procedure  applicable  under  Regulation  (EU)  No  XXX/XXX 
[Dublin  Regulation]  including  by  preparing  decisions  on  applications  for  international 
protection.  Such  support  can  only  be  provided  to  Member  States  upon  their  request  and 
according to their needs. Hence, in accordance with the principle of proportionality, as set out 
in  Article  5  of  the  TEU,  this  proposal  does  not  go  beyond  what  is  necessary  in  order  to 
achieve those objectives. 

• 

Choice of the instrument 

It  is  only  a  regulation  that  can  provide  the  necessary  degree  of  efficiency  and  uniformity 
needed in the application of Union law on asylum. Moreover, having regard to the fact that 

5 

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

EN 

3 

  EN 

 
                                                 
the original proposal of the Commission was for a regulation on the European Union Agency 
for Asylum, the same legal instrument is appropriate for this amended proposal. 

3.  

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

While  preparing  this  amended  proposal,  the  Commission  took  into  account  the  recent 
discussions  in  the  European  Council,  the  Council  of  Ministers  as  well  as  the  European 
Parliament,  concerning  the  continuous  migration  and  asylum  challenges  and  the  importance 
of making Union's agencies even more effective in forcefully addressing them. In particular, 
the  European  Council,  in  its  meeting  on  28  June  2018,  reconfirmed  that  migration  is  a 
challenge  not  only  for  one  Member  State  but  for  Europe  as  a  whole.  In  this  respect,  it 
highlighted  the  importance  for  the  Union  to  provide  full  support  to  ensure  an  orderly 
management of migration flows. This proposal therefore reflects on this idea and provides for 
enhanced  operational  support  that  will  allow  Member  States  to  better  cope  with  the  current 
migratory challenges, supported by the Agency.  

Therefore,  this  proposal,  taking  into  account  the  inter-institutional  negotiations  and  the 
provisional agreement reached between the European Parliament and the Council on 28 June 
2017,  provides  only  for  targeted  amendments  to  Article  16  on  operational  and  technical 
assistance and Article 21 on migration management support teams (to ensure coherence with 
its  proposal  for  a  Regulation  on  the  European  Border  and  Coast  Guard,  which  is  being 
presented  with  this  amended  proposal).  Additionally,  it  proposes  to  introduce  a  new  article, 
namely Article 16a on enhanced assistance with the procedure for international protection and 
the  Dublin  procedure  and  amends  Article  47  with  regard  to  the  selection  of  the  deputy 
Executive Director. The proposal thus aims at answering the current urgent needs of Member 
States  under  migratory  pressure  and  reflects  the  present  situation  on  the  ground,  while 
limiting the proposed amendments, to what is necessary in that regard.  

Given  the  explanation  above  and  the  overall  limited  nature  of  this  amending  proposal  the 
Commission  decided  not  to  launch  any  additional  evaluation,  stakeholder  consultations  or 
impact assessment, relying in this regard, on what has been done when preparing the original 
proposal  for  a  Regulation  on  a  European  Union  Agency  for  Asylum,  presented  by  the 
Commission on 4 May 2016. 

• 

Fundamental rights 

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

4. 

BUDGETARY IMPLICATIONS 

This  proposal  amends  the  original  Commission  proposal  for  a  Regulation  on  the  European 
Union Agency bringing enhanced operational and technical assistance by the Agency to the 
Member  States  notably  by  providing  enhanced  support  regarding  the  procedure  for 

EN 

4 

  EN 

 
international  protection  as  well  as  regarding  the  implementation  of  the  Dublin  Regulation. 
Moreover,  the  proposal  introduces  the  possibility  of  a  broader  use  of  the  migration 
management  support  teams.  Additional  financial  resources  are  therefore  required,  allowing 
the Agency to deploy the necessary asylum support teams (from asylum experts and interim 
staff to interpreters), as well as technical equipment and infrastructure (for instance Eurodac 
equipment) for these activities. 

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

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

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

5. 

• 

OTHER ELEMENTS 

Detailed explanation of the specific provisions of the proposal 

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

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

As regards Article 16 concerning the operational and technical assistance that the Agency can 
provide to Member States, in its amending proposal the Commission includes the text of the 
provisional agreement reached between the European Parliament and the Council. In this way, 

EN 

5 

  EN 

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

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

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

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

Where the co-legislators agree  and incorporate  the changes proposed by the Commission in 
this amended proposal, coherence with the other articles of the proposal for a Regulation on 
the  European  Agency  for  Asylum  concerning  the  procedure  for  providing  operational  and 
technical  assistance,  the  operational  plan  and  the  deployment  of  the  asylum  support  teams, 

EN 

6 

  EN 

 
and data protection provisions, as well as other related instruments, in particular the proposals 
on the Asylum Procedure Regulation and the Dublin Regulation, will need to be ensured, and 
articles and recitals will need to be renumbered. 

EN 

7 

  EN 

 
2016/0131 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

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

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular 

Article 78(1) and (2) thereof, 

Having regard to the proposal from the European Commission, 

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

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

The following recitals are inserted after recital (20): 

“(1) 

(2) 

(3) 

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

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

The  Agency’s  involvement  in  the  procedure  for  international  protection  and  in  the 
procedure  applicable  under  Regulation  (EU)  No  XXX/XXX  [Dublin  Regulation] 
would  ensure  that  Member  States  receive  all  the  required  support  to  process 
applications  for  international  protection  swiftly  and  in  a  timely  manner  allowing  for 
the  efficient  and  orderly  functioning  of  the  asylum  and  reception  systems.  For  that 

EN 

8 

  EN 

 
 
 
 
 
(4) 

purpose, the Agency should also be able to assist national competent authorities at the 
administrative  stage  of  the  procedure  with  preparing  decisions  on  applications  for 
international  protection.  Those  national  competent  authorities  should  be  able  to  take 
into  account  the  draft  decisions  prepared  by  the  Agency  without  prejudice  to  their 
competence to take decisions on individual applications. 

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

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

(6) 

(7) 

(8) 

(9) 

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

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

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

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

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

EN 

9 

  EN 

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

(2) 

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

HAVE ADOPTED THIS REGULATION: 

(3) Article 16 is replaced by the following: 

 “Article 16 

Operational and technical assistance by the Agency 

1.  

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

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

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

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

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

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

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

2.  

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

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

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

EN 

10 

  EN 

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

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

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

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

provide assistance to competent national authorities responsible for the 

(c) 
examination of the application for international protection; 

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

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

facilitate  Member  States’  joint  initiatives  by  technical  cooperation  Member 

(e)  
States in the processing of applications for international protection; 

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

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

assist  with  the  procedures  applicable  under  Regulation  (EU)  No 

(h) 
XXX/XXX [Dublin Regulation]; 

(i)  

provide interpretation services; 

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

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

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

EN 

11 

  EN 

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

assist with handling appeals by, among others, performing legal research, 

(n) 
analysis and other legal support; 

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

(p)  

deploy asylum support teams; 

3.  

4.  

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

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

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

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

“Article 16a  

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

1.  

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

(a) 
carry out the entire procedure or parts of the procedure for international 
protection  at  the  administrative  stage  in  accordance  with  Regulation  (EU)  No 
XXX/XXX 
the 
competence  of  Member  States  to  take  decisions  on  individual  applications 
and/or;  

[Asylum  Procedure  Regulation],  without  prejudice 

to 

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

assist with the handling of appeals regarding the procedures referred to in 

(c) 
points (a) and (b). 

2. 

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

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

EN 

12 

  EN 

 
 
(b) 

register applications for international protection;  

take biometric data and transmit that data in accordance with Article 10 

(c) 
of Regulation (EU) No XXX/XXX [Eurodac Regulation]; 

(d)  assist  applicants  with 
protection; 

lodging  their  application  for 

international 

identify  and  assess  any  needs  for  special  procedural  guarantees  or  any 

(e) 
special reception needs; 

carry  out  the  admissibility  interview  and  the  substantive  interview,  as 

(f) 
applicable; 

(g) 

assess the evidence related to applications for international protection; 

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

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

3. 

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

register  the  application  for  international  protection  in  the  automated 

(a) 
system referred to in Regulation (EU) No XXX/XXX [Dublin Regulation]; 

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

carry out the interview for determining the Member State responsible for 

(c) 
the examination of an application for international protection; 

carry out family tracing and matching with the Member State responsible 

(d) 
for examining the application for international protection; 

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

assist with, carry out or coordinate the allocation or transfer of applicants 

(f) 
for international protection or beneficiaries of international protection; 

assist  with  or  carry  out  the  procedure  for  determining  which  Member 

(g) 
State is responsible for examining an application for international protection; 

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

4.  

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

5. 

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

EN 

13 

  EN 

 
(5) Article 21 is replaced by the following: 

“Article 21 

Migration Management Support Teams 

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

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

the  screening  of  third-country  nationals,  including  their  identification, 

(a)  
registration, and where requested by Member States, their fingerprinting;   

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

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

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

to  provide 

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

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

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

The  Commission  shall,  in  cooperation  with  the  host  Member  State  and  the 
relevant Union agencies, establish the terms of cooperation for the deployment 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

EN 

14 

  EN 

 
 
of  the  migration  management  support  teams  as  well  as  the  deployment  of 
technical equipment, and be responsible for the coordination of the activities of 
those teams. 

6.  

7. 

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

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

(6) Article 47 is replaced by the following: 

Article 47 
Deputy Executive Director 

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

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

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

Done at Brussels, 

For the European Parliament  
The President 

For the Council 
The President 

EN 

15 

  EN 

 
 
 
 
 
  
 
  
 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL  

1.1.  Title of the proposal  

1.2.  Policy area concerned in the ABM/ABB structure 

1.3.  Nature of the proposal  

1.4.  Objectives  

1.5.  Grounds for the proposal  

1.6.  Duration and financial impact  

1.7.  Management modes planned  

2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

2.2.  Management and control system  

2.3.  Measures to prevent fraud and irregularities  

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL  

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

3.2.  Estimated impact on expenditure  

3.2.1. Summary of estimated impact on expenditure  

3.2.2. Estimated impact on operational appropriations  

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party contributions  

3.3.  Estimated impact on revenue

EN 

16 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL 

1.1. 

Title of the proposal 

Proposal  for  a  REGULATION  OF  THE  EUROPEAN  PARLIAMENT  AND  OF 
THE  COUNCIL  on  the  European  Union  Agency  for  Asylum  and  repealing 
Regulation (EU) No 439/2010 
Policy area concerned in the ABM/ABB structure6  

1.2. 

Policy area: Asylum and Migration (Title 18) 

Activity: Asylum 

1.3. 

Nature of the proposal  

 The proposal relates to a new action  

  The  proposal  relates  to  a  new  action  following  a  pilot  project/preparatory 
action7  

 The proposal relates to the extension of an existing action  

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

1.4. 

Objective 

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

The aim of this proposal is it to strengthen the role of EASO and to develop it into a 
fully-fledged agency, which provides comprehensive operational support, facilitates 
the implementation and improves the functioning of the CEAS.  

To  reflect  this  development,  the  proposal  renames  EASO  as  the  European  Union 
Agency for Asylum.  

1.4.2. 

Specific objectives and ABM/ABB activities concerned  

Specific objective  No 1: Facilitate the implementation and improve the functioning 
of the CEAS 

- Monitor and assess the implementation of CEAS 

- Support (activities) for the CEAS implementation 

- Support (activities) for MS practical cooperation 

- Country of origin information and common analysis 

- Promote Union law and operational standards on asylum 

Specific  Objective  No  2:  Reinforcement  of  operational  and  technical  assistance  to 
Member States 

- Enhance practical cooperation and information exchange 

- Operational support activities 

6 
7 

ABM: activity-based management; ABB: activity-based budgeting. 
As referred to in Article 54(2)(a) or (b) of the Financial Regulation. 

EN 

17 

  EN 

 
                                                 
- Cooperation with partners and stakeholders 

- Operational standards, guidelines and best practices on asylum  

- Communication, information exchange 

ABM/ABB activity concerned 

MFF 2014-2020 

Activity 18 03: Asylum and Migration 

MFF 2021-2027 

Activity 10: Migration  

EN 

18 

  EN 

 
1.4.3.  Expected results and impact 

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

The aim is to transform EASO into a fully-fledged Agency, which is capable of:  

- providing the necessary operational and technical assistance to Member States;  

- increasing practical cooperation and information exchange among Member States; 

-  supporting  a  sustainable  and  fair  distribution  of  applications  for  international 
protection;  

-  monitoring  and  assessing  the  implementation  of  the  CEAS  and  the  capacity  of 
asylum and reception systems in Member States; and  

- enabling convergence in the assessment of applications for international protection 
across the Union. 

1.4.4. 

Indicators of results and impact  

Specify the indicators for monitoring implementation of the proposal. 

-  Number  of  shortcoming  found  during  the  monitoring  and  assessment  of  the 
implementation of CEAS/year 

- Number of support (activities) for the CEAS implementation/year 

- Number of support (activities) for MS practical cooperation/year 

- Number of countries of origin for which COI reports are drawn up and for which 
common analysis is carried out/year 

- Number of operational standards, guidelines and best practices on asylum/year 

- Number of practical cooperation, and networks developed/year 

- Number of arrangements for information exchange/year 

- Number of operational support activities/year 

- Number of arrangements and activities with partners and stakeholders/year 

- Number of communication activities/year 

1.5. 

Grounds for the proposal  

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

This  proposal  builds  upon  the  current  mandate  of  EASO  and  expands  it  so  as  to 
transform EASO  into a  fully-fledged Agency equipped with the necessary tools to: 
(1) enhance practical cooperation and information exchange on asylum; (2) promote 
Union law and operational standards to ensure a high degree of uniform application 
of the legal framework on asylum; (3) ensure greater convergence in the assessment 
of protection needs across the Union; (4) monitor and assess the implementation of 
the  CEAS;  (5)  reinforce  technical  and  operational  assistance  to  Member  States  for 
the management of the asylum and reception systems, including enhanced support in 
the  area  of  international  protection  procedure  to  ensure  swift  processig  in  a  timely 
manner to allow for the efficient and orderly functioning of the asylum and reception 
systems and to assist MS with the Dublin procedure; (6) provision of comprehensive 
activities in support of the host Member State to ensure rapid processing by carrying 
out  the  entire  or  part  of  the  administrative  procedure  for  international  protection 
including in the controlled centres and to assist the judiciary in handling of appeals.  

EN 

19 

  EN 

 
1.5.2.  Added value of EU involvement 

The objectives of this proposal are to facilitate the implementation and improve the 
functioning  of  the  CEAS,  to  strengthen  practical  cooperation  and  information 
exchange  among  Member  States  on  asylum-related  matters,  to  promote  Union  law 
and  operational  standards  to  ensure  a  high  degree  of  uniformity  as  regards  asylum 
procedures,  reception  conditions  and  the  assessment  of  protection  needs  across  the 
Union,  to  monitor  the  operational  and  technical  application  of  Union  law  and 
standards  as  regards  asylum  and  to  provide  increased  operational  and  technical 
support to Member States for the management of the asylum and reception systems, 
in  particular to  Member States  subject  to  disproportionate pressure on their  asylum 
and reception systems.  

Since it is a common and shared interest to ensure the proper application of the legal 
framework  on  asylum,  through  concerted  action  among  Member  States  with  the 
support of the European Union Agency for Asylum, so as to consolidate stability and 
order  in  the  functioning  of  the  CEAS,  the  objectives  of  this  proposal  cannot  be 
sufficiently achieved by the Member States and can be better achieved at the level of 
the Union. 

1.5.3.  Lessons learned from similar experiences in the past 

Since  taking  up  its  responsibilities  in  2011,  EASO  has  continuously  supported 
Member States to apply the current rules and to improve the functioning of existing 
tools.  The  Agency  has  gained  experience  and  earned  credibility  for  its  work  as 
regards  practical  cooperation  among  Member  States  and  in  supporting  them  to 
implement  their  obligations  under  the  CEAS.  The  tasks  undertaken  by  EASO  have 
progressively evolved so as to meet the growing needs of Member States and of the 
CEAS  as  a  whole.  The  Member  States  increasingly  rely  on  the  operational  and 
technical support of the Agency. The Agency has gained significant knowledge and 
experience  in  the  field  of  asylum  and  it  is  time  to  transform  it  into  a  centre  of 
expertise in its own right and not one that still significantly relies on information and 
expertise provided by Member States. 

In  the  Commission's  view,  the  Agency  is  one  of  the  tools  that  can  be  used  to 
effectively address the structural weaknesses in the CEAS which have been further 
exacerbated by large scale and uncontrolled arrival of migrants and asylum seekers 
to  the  European  Union  particularly  in  recent  years.  It  would  not  be  plausible  to 
reform the CEAS without providing the Agency with a mandate that corresponds to 
the demands that the reform will entail. It is essential to equip the Agency with the 
means  necessary  to  assist  Member  States  in  crisis  situations,  but  it  is  all  the  more 
necessary to build a solid legal, operational and practical framework for the Agency 
to be able to reinforce and complement the asylum and reception systems of Member 
States. 

1.5.4.  Compatibility and possible synergy with other appropriate instruments 

This  proposal  is  consistent  with  the  comprehensive  long-term  policy  on  better 
migration  management  as  set  out  by  the  Commission  in  the  European  Agenda  on 
Migration,  which  developed  President  Juncker's  Political  Guidelines  into  a  set  of 
coherent  and  mutually  reinforcing  initiatives  based  on  four  pillars.  Those  pillars 
consist  of reducing  the incentives  for irregular  migration, securing external borders 
and saving lives, a strong asylum policy and a new policy on legal migration. This 
proposal further implements the European Agenda on Migration, more specifically as 

EN 

20 

  EN 

 
regards the objective of strengthening the Union's asylum policy since the European 
Union  Agency  for  Asylum  will  ensure  a  full  and  coherent  implementation  of  the 
CEAS.  This  amending  proposal  complements  the  Commission's  original  proposal 
and is coherent with the objective of building an internal policy, which is based on a 
balance  between  solidarity  and  responsibility  in  view  of  the  European  Council 
Conclusions of June 2018. The reinforced support of the European Union Agency for 
Asylum is an essential solidarity element. This proposal also reinforces the elements 
of cooperation between the European Union Agency  for Asylum and the European 
Border  and  Cost  Guard  to  reflect  the  Commission's  proposal  amending  the 
Regulation  on  the  European  Borer  and  Coast  Guards,  in  particular  as  regards  the 
deployment of migration management support teams.  

EN 

21 

  EN 

 
 
1.6. 

Duration and financial impact  

 Proposal of limited duration  

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

–    Financial impact from YYYY to YYYY  

 Proposal of unlimited duration 

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

–  followed by full-scale operation. 

1.7.  Management mode planned8  

 Direct management by the Commission 

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

–    by the executive agencies  

 Shared management with the Member States  

 Indirect management by entrusting budget implementation tasks to: 

–   third countries or the bodies they have designated; 

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

–  the EIB and the European Investment Fund; 

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

–   public law bodies; 

–   bodies governed by private law with a public service mission to the extent that 

they provide adequate financial guarantees; 

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

–    persons  entrusted  with  the  implementation  of  specific  actions  in  the  CFSP 

pursuant to Title V of the TEU, and identified in the relevant basic act. 

– 

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

Comments  

8 

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

EN 

22 

  EN 

 
 
 
                                                 
2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

The European Union Agency for Asylum has a duty to report on its activities. The 
Agency must draw up an annual activity report on the situation of asylum, in which it 
needs to evaluate the results of the activities it carries out throughout the  year. The 
report  must  contain  a  comparative  analysis  of  the  Agency's  activities  so  that  the 
Agency may improve the quality, consistency and effectiveness of the CEAS. That 
annual activity report must be transmitted by the Agency to the Management Board, 
the European Parliament and the Council. 

The  Commission  must  commission  an  evaluation  within  three  years  of  entry  into 
force  of  this  Regulation,  and  then  every  five  years  thereafter,  to  assess  particularly 
the  impact,  effectiveness  and  efficiency  of  the  Agency  and  its  working  practices. 
That evaluation must cover the Agency's impact on practical cooperation on asylum-
related matters and on the CEAS. The Commission must send the evaluation report 
together with its conclusions on the report to the European Parliament, the Council 
and the Management Board. The findings of the evaluation must be made public. 

2.2.  Management and control system  

2.2.1.  Risks identified  

-  An  extension  of  the  Agency's  existing  competences  is  necessary  to  ensure  the 
implementation of the CEAS and that of the reformed Dublin system. Reinforcement 
of  the  Agency's  staffing  and  resources  is  necessary  to  ensure  the  fulfilment  of  its 
mission. Without these changes, the CEAS is put at risk. 

-  Large  and  uncontrolled  migratory  flows  which  continue  to  put  asylum  and 
reception  systems  under  pressure  thereby  delaying  the  transition  from  emergency 
mode to orderly management the migration and asylum systems. 

-  Staff  recruitment:  the  rhythm  of  staff  recruitment  may  pose  a  risk  given  that  the 
Agency's  current  capacity  is  still  reduced,  recruitment  is  relatively  slow  and  the 
increasing  volume  of  emerging  tasks.  DG  HOME  seeks  to  mitigate  this  aspect  by 
providing continuous support and monitoring. 

- Delay in the adoption of the legal basis for the amended Dublin system and related 
IT developments that should be operated and managed by the Agency could impede 
the fulfilment of the Agency's new tasks in this respect. 

- Continued heavy reliance on Member State knowledge and delay for the Agency in 
developing  its  own  knowledge  base  and  becoming  a  true  centre  of  expertise  in  its 
own right. 

Following the significant weaknesses identified by the ECA & the IAS relating to the 
Management  and  Control  of  EASO,  which  led  to  reservations  in  the  2017  Annual 
Activity  Report,  DG  HOME  prepared  a  mitigating  action  plan,  Enhancement 
coordination, working arrangements between the parent DG and the Agency, as well 
as close monitoring activities, should redress the situation and avoid recurrent risks. 

EN 

23 

  EN 

 
 
In this respect, the Commission is closely monitoring the functioning of the Agency, 
including  the  implementation  of  the  budget,  through  its  active  presence  in  the 
Management  Board  meetings  and  the  meetings  of  the  Preparatory  Group  of  the 
Management Board. Moreover, to foster the monitoring function of the Management 
Board further, since February 2018, based on a Decision of the Management Board 
applying  interim  measures  with  regard  to  the  Executive  Director,  the  Commission 
receive  and  review  regular  (bi-weekly)  monitoring  reports  focusing  on  finance 
procurement and recruitment.  

2.2.2.  Control methods envisaged 

The Agency's accounts will be submitted for approval of the Court of Auditors and 
subject  to  the  discharge  procedure.  The  Commission's  Internal  Audit  Service  will 
carry out audits in cooperation with the Agency's internal auditor. 

Aside the independent controls carried out by the Court of Auditors and the Internal 
Audit Service, the implementation of the principle based Internal Control Framework 
of the Agency will allow to control the identified risks. In particular, the information 
and communication component should increase awareness among staff dealing with 
decentralised  agencies,  whereas  the  monitoring  activities  component  will  allow  to 
report  on  the  basis  of  robust  monitoring  indicators  in  order  to  detect  weaknesses  a 
priori. 

2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures. 

- The Agency:  The Executive Directive  will implement the Agency’s budget. Each 
year the Executive Director will submit to the Commission, the Management Board 
and the Court of Auditors the detailed accounts of all revenue and expenditure from 
the previous financial year. In addition, the Commission’s Internal Audit Service will 
provide  an  opinion  on  the  outcome  of  the  follow-up  audit  concerning  the  status  of 
implementation of actions deriving from the 2016 IAS audit on budget execution and 
procurement planning. The outcome of the audit should provide the management of 
the  Agency  with  reassurance  as  to  the  robustness  of  the  controls  put  in  place  and 
provide guidance with any further improvements, which might be necessary.  

The Agency will adopt its Financial Regulation following the Delegation Regulation 
No 1271/2013, after having received the agreement of the Commission and the Court 
of  Auditors.  The  Agency  will  put  in  place  an  internal  audit  system  similar  to  that 
introduced  by  the  Commission  in  the  framework  of  its  own  restructuring.  The 
Agency  will  put  in  place  the  same  Internal  Control  Framework  as  the  one  of  the 
Commission, which provides a solid framework for fraud detection and prevention, 
while the Anti-Fraud Strategy of DG Home will encompass the risk areas identified 
in the Agency. 

-  Cooperation  with  OLAF:  the  staff  subject  to  the  Commission’s  Staff  Regulations 
will cooperate with OLAF to combat fraud. 

- Court of Auditors: the Court of Auditors will examine the accounts in accordance 
with  Article  248  of  the  Treaty  and  publish  an  annual  report  on  the  Agency’s 
activities. 

EN 

24 

  EN 

 
3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL  

Heading  of  the  multiannual  financial  framework  and  expenditure  budget  line 
affected  

  Existing budget lines  

In order of multiannual financial framework headings and budget lines. 

Heading of 
multiannual 
financial 
framework 

Number  
[Heading 3] 

Budget line 

Type of  
expenditure 

Contribution  

Diff./Non-
diff. 

from 
EFTA 
countries 

from 
candidate 
countries 

from third 
countries 

within the 
meaning of 
Article 21(2)(b) of 
the Financial 
Regulation  

18.03.02  European  Asylum  Support  Office 
(EASO) 

3 

Diff./Non
-diff. 

NO 

NO 

YES* 

NO 

* EASO receives contributions from Schengen Aassociated Countries 

  New budget lines requested for MFF 2021-2027 

  There is no need to request a new budget line in MFF 2014-2020 but budget line 

18 03 02 should be renamed accordingly  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of 
expenditure 

Contribution  

Number  
[Heading 
Management] 

4  Migration 

and  Border 

Diff./Non-
diff. 

from 
EFTA 
countries 

from 
candidate 
countries 

from third 
countries 

within the 
meaning of 
Article 21(2)(b) of 
the Financial 
Regulation  

10.YY.YY    European  Union  Agency  for 
Asylum 

Diff./Non
-diff. 

NO 

NO 

YES* 

NO 

Heading of 
multiannual 
financial 
framework 

4 

EN 

25 

  EN 

 
 
 
 
  
 
3.2. 

Estimated impact on expenditure  

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

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

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

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

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

EN 

26 

EN 

 
 
 
 
3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial  
framework 2014-2020 

3 

Security and Citizenship 

EUR million (to three decimal places) 

European Union Agency for Asylum 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

 Operational appropriations  

Number of budget line 

Number of budget line 

Commitments 

Payments 

Commitments 

Payments 

(1) 

(2) 

(1a) 

(2a) 

Appropriations of an administrative nature financed from the envelope 
of specific programmes  

Number of budget line 

TOTAL appropriations 
for the European Union Agency for 
Asylum (Initial proposal COM(2016)271) 

Additional  resources  related  to  the  current 
proposal  

Commitments 

Payments 

Commitments 

Payments 

(3) 

=1+1a 
+3 

=2+2a 

+3 

TOTAL appropriations 
for the European Union Agency for 
Asylum 

EN 

86.971 

96.686  114.100 

86.971 

96.686  114.100 

55.000 

55.000 

55.000 

55.000 

86.971  151.686  169.100 

86.971  151.686  169.100 

27 

297.757 

297.757 

110.000 

110.000 

407.757 

407.757 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Heading of multiannual financial  
framework 2014-2020 

5 

‘Administrative expenditure’ 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

EUR million (to three decimal places) 

DG: HOME 

 Human resources  
 Other administrative expenditure  

0.536 

0.030 

0.536 

0.030 

0.536 

0.030 

TOTAL DG MIGRATION AND HOME 
AFFAIRS 

Appropriations  

0.566 

0.566 

0.566 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework  

2014-2020 

(Total 
commitments  = 
Total 
payments) 

0.566 

0.566 

0.566 

1.608 

0.090 

1.698 

1.698 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

EUR million (to three decimal places) 

TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial framework  

2014-2020 

Commitments 

87.537  152.252  169.666 

87.537  152.252  169.666 

Payments 

409.455 

409.455 

Heading of multiannual financial  
framework 2021-2027 

4 

Migration and Border Management 

EN 

28 

EN 

 
 
 
 
 
 
 
 
 
European Union Agency for 
Asylum 

 Operational appropriations  

Number of budget line 

Number of budget line 

Commitments 

Payments 

Commitments 

Payments 

(1) 

(2) 

(1a) 

(2a) 

Appropriations of an administrative nature financed from the 
envelope of specific programmes9  

Number of budget line 

TOTAL appropriations 
for the European Union Agency 
for Asylum 

Commitments 

Payments 

(3) 

=1+1a 
+3 

=2+2a 

+3 

Year 
2021 

Year 
2022 

Year 
2023 

Year 
2024 

Year 
2025 

Year 
2026 

Year 
2027 

TOTAL 

171.400  173.700  176.100  178.500  180.900  183.500  185.900 

171.400  173.700  176.100  178.500  180.900  183.500  185.900 

1 250.000 

1 250.000 

9 

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

EN 

29 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Heading of multiannual financial  
framework 2021-2027 

7 

‘European Public Administration’ 

Year 
2021 

Year 
2022 

Year 
2023 

Year 
2024 

Year 
2025 

Year 
2026 

Year 
2027 

TOTAL 

EUR million (to three decimal places) 

0.536 

0.030 

0.566 

0.536 

0.030 

0.536 

0.030 

0.536 

0.030 

0.566 

0.566 

0.566 

0.536 

0.030 

0.566 

0.536 

0.030 

0.566 

0.536 

0.030 

0.566 

3.752 

0.210 

3.962 

0.566 

0.566 

0.566 

0.566 

0.566 

0.566 

0.566 

3.962 

DG: HOME 

 Human resources  
 Other administrative expenditure  

TOTAL DG MIGRATION AND HOME 
AFFAIRS 

Appropriations  

TOTAL appropriations 
under HEADING 7 
of the multiannual financial framework 
2021-2027 

(Total 
commitments  = 
Total 
payments) 

Year 
2021 

Year 
2022 

Year 
2023 

Year 
2024 

Year 
2025 

Year 
2026 

Year 
2027 

TOTAL 

EUR million (to three decimal places) 

TOTAL appropriations  
under HEADINGS 1 to 7 
of the multiannual financial framework  

Commitments 

171.966  174.266  176.666  179.066  181.466 

184.066 

186.466 

1 253.962 

Payments 

171.966  174.266  176.666  179.066 

181.466 

184.066 

186.466 

1 253.962 

EN 

30 

EN 

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

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

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

MFF 2014-2020* (Commitment appropriations in EUR) 

EN 

31 

EN 

 Indicate objectives and outputs   - Output    Support (activities) for the CEAS implementation                   86.690         120 10.810.000                 150 13.810.000                 170 13.523.510                 440 38.143.510          - Output   Support (activities)  for MS practical cooperation                   36.909         150 6.081.250                   200 6.981.250                   200 7.237.654                   550 20.300.154          - Output  Country of origin information and guidelines materials (nr of countries)                 483.744           10 4.645.000                     10 4.845.000                     12 5.989.803                     32 15.479.803         72.332                         280 21.536.250                 360 25.636.250                 382 26.750.967             1.022 73.923.467          - Output   Operational support activities                 409.048           70 28.633.341                   70 28.633.341                   70 28.633.341                 210 85.900.023          - Output   Cooperation with partners and stakeholders                   71.405           20 1.740.000                     25 1.740.000                     30 1.875.351                     75 5.355.351            - Output  Operational standards and best practices on asylum                    46.628           20 700.000                         20 800.000                         20 1.297.676                     60 2.797.676            - Output  Communication, information exchange                    93.256           10 700.000                         10 800.000                         10 1.297.676                     30 2.797.676            - Output  Reinforced technical assistance to MS for the procedure for international protection                  550.000           50 27.500.000                   50 27.500.000                 100 55.000.000          - Output  Comprehensive activities in support of the control centres of the host Member States                 550.000           50 27.500.000                   50 27.500.000                 100 55.000.000                         359.740         120 31.773.341                 225 86.973.341                 230 88.104.043                 575 206.850.726                      175.814         400           53.309.591         585         112.609.591         612         114.855.011     1.597         280.774.193  Total   Subtotal for specific objective N°1  Subtotal for specific objective N°2  SPECIFIC OBJECTIVE NO 2: Reinforcement of operational and technical assistance to Member States   SO1: Facilitate the implementation and improve the functionning of the CEAS  Average cost  Number   Cost  Number  Cost  Number  Cost  Total number Type[1] Year  Total cost  Year  TOTAL 201820192020 Year  
 
 
 
* This table outlines only operational expenditure as per Title 3 

MFF 2021-2027* 

Commitment appropriations in EUR  

* This table outlines only operational expenditure as per Title 3 

EN 

32 

EN 

 Indicate objectives and outputs   - Output    Support (activities) for the CEAS implementation              95 387         175 14 673 510          180 15 823 510          185 16 973 510          190 18 123 510          195 19 273 510          200 20 423 510           205 21 573 510        1 330 126 864 571  - Output   Support (activities)  for MS practical cooperation              36 188         200 7 237 654             200 7 237 654             200 7 237 654             200 7 237 654             200 7 237 654             200 7 237 654              200 7 237 654           1 400 50 663 579    - Output  Country of origin information and guidelines materials (nr of countries)           499 150           12 5 989 803               12 5 989 803               12 5 989 803               12 5 989 803               12 5 989 803               12 5 989 803                12 5 989 803                84 41 928 621   77 987                   387 27 900 967          392 29 050 967          397 30 200 967          402 31 350 967          407 32 500 967          412 33 650 967           417 34 800 967        2 814 219 456 771  - Output   Operational support activities           405 285           73 29 783 341            76 30 933 341            79 32 083 341            82 33 233 341            85 34 383 341            88 35 533 341             91 36 683 341           574 232 633 388  - Output   Cooperation with partners and stakeholders              62 512           30 1 875 351               30 1 875 351               30 1 875 351               30 1 875 351               30 1 875 351               30 1 875 351                30 1 875 351              210 13 127 457    - Output  Operational standards and best practices on asylum               64 884           20 1 297 676               20 1 297 676               20 1 297 676               20 1 297 676               20 1 297 676               20 1 297 676                20 1 297 676              140 9 083 729       - Output  Communication, information exchange            129 768           10 1 297 676               10 1 297 676               10 1 297 676               10 1 297 676               10 1 297 676               10 1 297 676                10 1 297 676                70 9 083 729       - Output  Reinforced technical assistance to MS for the procedure for international protection            550 000           50 27 500 000            50 27 500 000            50 27 500 000            50 27 500 000            50 27 500 000            50 27 500 000             50 27 500 000           350 192 500 000  - Output  Comprehensive activities in support of the control centres of the host Member States           550 000           50 27 500 000            50 27 500 000            50 27 500 000            50 27 500 000            50 27 500 000            50 27 500 000             50 27 500 000           350 192 500 000           383 075         233 89 254 043          236 90 404 043          239 91 554 043          242 92 704 043          245 93 854 043          248 95 004 043           251 96 154 043        1 694 648 928 302           192 632         620   117 155 011        628   119 455 011        636   121 755 011        644   124 055 011        652   126 355 011        660   128 655 011         668   130 955 011      4 508   868 385 074  Number  Cost  Year 2026 Number  Cost  Subtotal for specific objective N°1  Subtotal for specific objective N°2  Total    SO1: Facilitate the implementation and improve the functionning of the CEAS  SPECIFIC OBJECTIVE NO 2: Reinforcement of operational and technical assistance to Member States Number  Cost  Number  Cost  Total number  Total cost  Number  Cost  Number  Cost Type[1] Average cost  Number   Cost  TOTAL 202120222027 Year 2023 Year 2024 Year  Year  Year  Year 2025 
 
 
 
 
3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary  

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

nature  

–    The proposal requires the use of appropriations of an administrative nature, as 

explained below: 

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

EUR million (to three decimal places) 

Human resources (*) 

2018 

2019  

2020 

2021-
2027 

TOTAL 

C(2013)519 baseline 

Amendments  

Modified baseline 

Requested additional 
posts* 

Establishment posts in 
headcounts 

Of which AD 

Of which AST 

External personnel 
(FTE)  

Of  which  contract 
agents 

Of  which  Seconded 
National Exteperts 

TOTAL 

51 

40 

91 

59 

214 

135 

79 

83 

72 

11 

51 

40 

91 

70 

284 

179 

105 

106 

95 

11 

51 

40 

91 

82 

51 

40 

91 

0 

366 

366 

231 

231 

135 

135 

134 

134 

123 

123 

11 

11 

297 

390 

500 

500 

51 

40 

91 

0 

366 

231 

135 

134 

123 

11 

500 

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

Staff expenditure 

2018 

2019 

2020 

Establishment 
posts 
(in headcounts) 

plan 

28.676.000 

38.056.000 

49.044.000 

2021-2027  (for  each 
year) 

49.044.000 

30.954.000 

- Of which AD 

18.090.000 

23.986.000 

30.954.000 

- Of which AST 

10.586.000 

14.070.000 

18.090.000 

18.090.000 

EN 

33 

  EN 

 
 
 
External  personnel 
(FTE) 

-  Of  which  contract 
agents 

-  Of  which  Seconded 
National 
Experts 
(SNE) 

Total staff 

5.898.000 

7.508.000 

9.468.000 

5.040.000 

6.650.000 

8.610.000 

9.468.000 

8.610.000 

858.000 

858.000 

858.000 

858.000 

34.574.000 

45.564.000 

58.512.000 

58.512.000 

3.2.3.2.  Estimated requirements of human resources 

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

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

Estimate to be expressed in full time equivalent units 

2018 

2019 

2020 

Enter as many 
years as 
necessary to 
show the 
duration of the 
impact (see 
point 1.6) 

 Establishment plan posts (officials and temporary staff) 

XX 01 01 01 (Headquarters and Commission’s 
Representation Offices) 

4 

4 

4 

XX 01 01 02 (Delegations) 

XX 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

 External staff (in Full Time Equivalent unit: FTE)10 

XX 01 02 01 (AC, END, INT from the ‘global envelope’) 

XX 01 02 02 (AC, AL, END, INT and JED in the 
delegations) 

XX 01 04 yy 11 

- at Headquarters 

- in Delegations  

XX 01 05 02 (AC, END, INT - Indirect research) 

10 01 05 02 (AC, END, INT - Direct research) 

Other budget lines (specify) 

TOTAL 

4 

4 

4 

XX is the policy area or budget title concerned. 

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

10 

11 

AC=  Contract  Staff;  AL  =  Local  Staff;  END=  Seconded  National  Expert;  INT  =  agency  staff; 
JED= Junior Experts in Delegations.  
Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines). 

EN 

34 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Description of tasks to be carried out: 

Officials and temporary staff 

External staff 

Represent  the  Commission  in  the  Management  Board  of  the  Agency.  Draw  up 
Commissin  opinion  on  the  annual  work  programme  and  monitor  its  implementation. 
Supervise the preparation of the Agency's budget and monitor implementation of the 
budget. Assist the Agencyin developing its activities in line with EU policies including 
by participating in experts meetings. 

EN 

35 

  EN 

 
 
3.2.4.  Compatibility with the current multiannual financial framework  

–    The  proposal  is  compatible  the  current  multiannual  financial  framework  but 

may entail the use of special instruments as defined in the MFF Regulation. 

–    The  proposal  will  entail  reprogramming  of  the  relevant  heading  in  the 

multiannual financial framework. 

–    The  proposal  requires  application  of  the  flexibility  instrument  or  revision  of 

the multiannual financial framework12. 

3.2.5.  Third-party contributions  

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

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

Appropriations in EUR million (to three decimal places) 

2018 

2019 

2020 

2021-
2027 

Enter as many 
years as 
necessary to 
show the 
duration of the 
impact (see 
point 1.6) 

Total 

Contribution  from  Schengen 
Associated Countries  

pm 

pm 

pm 

pm 

TOTAL appropriations co-
financed  

12 

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

EN 

36 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Estimated impact on revenue  

–    The proposal has no financial impact on revenue. 

–    The proposal has the following financial impact: 

– 

– 

 

 

on own resources  

on miscellaneous revenue  

Appropriation
s available for 
the current 
financial year 

Budget revenue line: 

Article …………. 

EUR million (to three decimal places) 

Impact of the proposal13 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as necessary to show 
the duration of the impact (see point 1.6) 

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

Specify the method for calculating the impact on revenue. 

13 

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

EN 

37 

  EN