Regulation (EU) 2021/2303 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010

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Series Details L 468, Pages 1-54
Publication Date 30/12/2021
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Regulation (EU) 2021/2303 - formally signed by the co-legislators on 15 December 2021 - concerning the establishment of a European Union Agency for Asylum (EUAA).

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This Regulation establishes an EU Agency for Asylum and it repeals the provisions of Regulation (EU) No 439/2010, which set up the European Asylum Support Office (EASO). The Regulation aims to develop EASO into a fully-fledged agency and improve its functioning. The new Agency is responsible for an efficient implementation of the Common European Asylum System (CEAS), for the provision of enhanced operational and technical assistance to Member States of the European Union (EU) and for further convergence in the assessment of applications for international protection.

The initiative was put forward on 4 May 2016 as part of a legislative package aimed at reforming the CEAS. The EASO upgrade had already been highlighted as a priority in April 2016 by a Communication overviewing the wider reform on asylum rules. The Council of the European Union faced a number of concerns from different Member States regarding the proposed agency, but still partially agreed on a general approach on 20 December. The plenary of the European Parliament adopted a negotiating position on 21 December. An informal agreement on the draft law was reached on 28 June 2017.

Subsequent work was conditioned by developments on existing negotiations regarding the other proposals of the wider CEAS reform. On 12 September 2018, the Commission adopted an amended version of this proposal to take that into account. It did not gather enough support among the co-legislators. As a result of the Commission's 2020 Pact on Migration and Asylumthe Commission reverted to its 2016 proposal and discussions were re-launched in the context of the new wider framework. Member State representatives re-affirmed the Council's approach to this file on 16 June 2021.

An informal agreement between the co-legislators on a compromise text for this file was reached on 29 June 2021. The Parliament formally endorsed it in November 2021, followed by the Council on 9 December (albeit without unanimity). The Act was formally signed by the co-legislators on 15 December 2021, which was published in the Official Journal on 30 December 2021.

The new Agency started its work on 19 January 2022.

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Commentary and Analysis
ECRE: Policy Note, 20/01/2017: Agent of protection? Shaping the EU Asylum agency
EPRS: Briefing, March 2017: European Union Agency for Asylum
Expert Council on Integration and Migration: SVR Research Unit: To The Point, June 2018: EASO Reloaded: Can The New EU Asylum Agency Guarantee A Standardised System of Protection?
EU Migration Law Blog, 15/10/2018: From EASO to the European Agency for Asylum: “Business as Usual?”
EU Migration Law Blog, 06/11/2020: The New Pact and EU Agencies: an ambivalent approach towards administrative integration
ECRE: Policy Notes, January 2021: Moving on with the EU Asylum Agency
ECRE: Editorial, 11/06/2021: EU Asylum Agency Moving Forward and the End of the “Package Approach”?
EPRS: Briefing, October 2021: Introducing the European Union agency for asylum
European Student Think Tank, 10/10/2021: A new European Union Agency for Asylum, the solution for asylum deficiencies?

Malta Today, 29/06/2017: Malta's EU presidency secures broad political agreement on setting up EU asylum agency
Politico, 08/06/2021: Mediterranean countries give green light to deal on EU asylum agency
Politico, 29/06/2021: EU at long last agrees on reform of asylum agency
Deutsche Welle, 29/06/2021: EU to establish new asylum agency
Kathimerini, 01/07/2021: Deal on new asylum agency
Times of Malta, 11/11/2021: Malta-based European Asylum Agency being beefed up

EUR-LEX: COM(2016)271: Proposal for a Regulation on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010
European Parliament: Legislative Observatory: Procedure File for Proposal on European Union Agency for Asylum (2016/0131(COD))
European Parliament: Legislative Train Schedule: Strengthening the European Asylum Support Office (EASO)
Official Website of the European Asylum Support Office (EASO)
General Secretariat of the Council: Policies: EU asylum reform
European Parliament: Press Release, 08/12/2016 New Asylum Agency must ensure EU countries respect common asylum rules, say MEPs
Council of the European Union: Press Release, 20/12/2016: European Union Agency for Asylum: Council ready to start negotiations with Parliament
Council of the European Union: Press Release, 29/06/2017: EU Agency for Asylum: Presidency and European Parliament reach a broad political agreement
European Parliament: Press Release, 29/06/2018: New Asylum Agency to ensure respect of EU asylum rules and fundamental rights
EUR-LEX: COM(2018)633: Amended proposal for a Regulation on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010
Council of the European Union: Press Release, 16/06/2021: EU asylum agency: Council agrees extended mandate for negotiations with the European Parliament
Portuguese Council Presidency: News, 17/06/2021: Portuguese Presidency prepares the creation of a European agency devoted to asylum
European Commission: Press Release, 29/06/2021: New Pact on Migration and Asylum: Agreement reached on the new European Union Agency for Asylum
Council of the European Union: Press Release, 29/06/2021: EU asylum agency: Council presidency and European Parliament reach provisional agreement
EU EASO: News, 29/06/2021: EASO welcomes agreement establishing EU Agency for Asylum
S&D EP Group: Newsroom, 30/09/2021: S&D fact-finding mission to European asylum office
Renew Europe EP Group: News, 06/10/2021: New Deal on EU Asylum Agency gives hope for progress on the migration and asylum pact negotiations
Greens/EFA EP Group: Press Release, 11/11/2021: New EU Asylum Agency first step to a functioning common European asylum system
Council of the European Union: Press Release, 09/12/2021: Migration and asylum pact: Council adopts EU asylum agency regulation
European Commission: Press Release, 19/01/2022: New Pact on Migration and Asylum: new mandate, new start for the European Union Agency for Asylum
Council of the European Union: Press Release, 19/01/2022: New EU asylum agency starts its work

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