LegalizeRegulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010
The Agency may employ staff to work in the field in Member States.
Article 61
Privileges and immunities
Protocol No 7 on the Privileges and Immunities of the European Union annexed to the TEU and to the TFEU shall apply to the Agency and its staff.
Article 62
Language arrangements
Council Regulation No 1 (27) shall apply to the Agency.
Without prejudice to decisions taken on the basis of Article 342 TFEU, the consolidated annual report on the Agency’s activities and programming documents as referred to in Article 42 shall be produced in all official languages of the institutions of the Union.
The Translation Centre of the bodies of the European Union shall provide the translation services required for the functioning of the Agency.
Article 63
Transparency
Regulation (EC) No 1049/2001 shall apply to documents held by the Agency.
The Agency may communicate on its own initiative on matters falling within the scope of its tasks. The Agency shall make public the consolidated annual report on the Agency’s activities and ensure, in particular, that the public and any interested party are rapidly given objective, reliable and easily understandable information with regard to its work.
The Management Board shall, within 6 months of the date of its first meeting, adopt detailed rules for the application of paragraphs 1 and 2.
Any natural or legal person shall be entitled to address the Agency in writing in any official language of the institutions of the Union. He or she shall have the right to receive an answer in the same language.
Decisions taken by the Agency pursuant to Article 8 of Regulation (EC) No 1049/2001 may give rise to a complaint being lodged with the European Ombudsman or an action before the CJEU, under the conditions laid down in Articles 228 and 263 TFEU respectively.
Article 64
Combating fraud
In order to combat fraud, corruption and other unlawful activities Regulation (EU, Euratom) No 883/2013 shall apply without restriction. The Agency shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by OLAF and adopt appropriate provisions applicable to all the employees of the Agency using the template set out in the Annex to that Agreement.
The Court of Auditors shall have the power of audit, on the basis of documents and on-the-spot checks and inspections, over all grant beneficiaries, contractors and subcontractors who have received Union funds from the Agency.
OLAF may carry out investigations, including on-the-spot checks and inspections in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 and Council Regulation (Euratom, EC) No 2185/96 (28) with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant agreement or grant decision or a contract funded by the Agency.
Without prejudice to paragraphs 1, 2 and 3, working arrangements with third countries and international organisations, contracts, grant agreements and grant decisions of the Agency shall contain provisions expressly empowering the Court of Auditors and OLAF to conduct such audits and investigations, in accordance with their respective competences.
Article 65
Security rules on the protection of classified information and sensitive non-classified information
The Agency shall apply the Commission’s rules on security as set out in Commission Decisions (EU, Euratom) 2015/443 (29) and (EU, Euratom) 2015/444. Those rules shall apply, in particular, to the exchange, processing and storage of classified information.
The Agency shall apply the security principles relating to the processing of non-classified sensitive information as set out in Decisions (EU, Euratom) 2015/443 and (EU, Euratom) 2015/444 and as implemented by the Commission. The Management Board shall establish measures for the application of those security principles.
Classification shall not preclude information from being made available to the European Parliament. The transmission and handling of information and documents transmitted to the European Parliament in accordance with this Regulation shall comply with the rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission.
Article 66
Liability
The Agency’s contractual liability shall be governed by the law applicable to the contract in question.
The CJEU shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Agency.
In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties.
The CJEU shall have jurisdiction in disputes over compensation for damages referred to in paragraph 3.
The personal liability of the Agency’s staff towards it shall be governed by the provisions of the Staff Regulations or Conditions of Employment applicable to them.
Article 67
Administrative monitoring
The activities of the Agency shall be subject to the inquiries of the European Ombudsman in accordance with Article 228 TFEU.
Article 68
Headquarters agreement and operating conditions
The necessary arrangements concerning the accommodation to be provided to the Agency in the Member State in which the Agency has its seat, the facilities to be made available by that Member State and the specific rules applicable in that Member State to members of the Management Board, Agency staff and members of their families shall be laid down in a Headquarters Agreement between the Agency and that Member State. The Headquarters Agreement shall be concluded after obtaining the approval of the Management Board.
The Member State in which the Agency has its seat shall provide the Agency with the conditions necessary to ensure its proper functioning, including multilingual, European-oriented schooling and appropriate transport connections.
Article 69
Annual report on the situation of asylum in the Union
The Agency shall draw up an annual report on the situation of asylum in the Union. The Agency shall transmit that report to the Management Board, to the European Parliament, to the Council and to the Commission, and the Executive Director shall present it to the European Parliament. The annual report on the situation of asylum in the Union shall be made public.
Article 70
Evaluation and review
Three months following the replacement of Regulation (EU) No 604/2013, the Commission shall report to the European Parliament and to the Council on the results of its evaluation of whether this Regulation needs to be amended for the purpose of ensuring the coherence and internal consistency of the Union legal framework, in particular as regards the provisions on the monitoring mechanism referred to in Article 14, and shall present the necessary proposals to amend this Regulation, as appropriate.
By 20 January 2025, and every 5 years thereafter, the Commission shall commission an independent external evaluation to assess, in particular, the Agency’s performance in relation to its objectives, mandate and tasks. That evaluation shall cover the Agency’s impact on practical cooperation on asylum-related matters and on facilitating the implementation of the CEAS. The evaluation shall take due regard of progress made within the Agency’s mandate, including an assessment of whether additional measures are necessary to ensure effective solidarity and sharing of responsibilities with Member States subject to particular pressure.
The evaluation referred to in the first subparagraph shall, in particular, address the possible need to modify the mandate of the Agency and the financial implications of any such modification. It shall also examine whether the management structure is appropriate for carrying out the Agency’s tasks. The evaluation shall take into account the views of stakeholders at both Union and national level.
The Commission shall send the report that is the result of the evaluation referred to in paragraph 2, together with its conclusions on that report, to the European Parliament, to the Council and to the Management Board.
On the occasion of every second evaluation referred to in paragraph 2, the Commission shall consider whether continuation of the Agency is justified with regard to its objectives, mandate and tasks, and it may propose that this Regulation be amended accordingly or repealed.
Article 71
Transitional provision
The Agency shall succeed EASO as regards all ownership, agreements, legal obligations, employment contracts, financial commitments and liabilities. In particular, this Regulation shall not affect the rights and obligations of the staff of EASO whose continuity of career shall be ensured in all respects.
Article 72
Replacement and repeal
Regulation (EU) No 439/2010 is replaced with regard to the Member States bound by this Regulation. Therefore, Regulation (EU) No 439/2010 is repealed.
With regard to the Member States bound by this Regulation, references to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex II.
Article 73
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 2 (1), point (q), Article 14 and Article 15(1), (2) and (3) shall apply from 31 December 2023, and Article 15(4) to (8) and Article 22 shall apply from the date on which Regulation (EU) No 604/2013 is replaced, unless that Regulation is replaced before 31 December 2023, in which case those provisions shall apply from 31 December 2023.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Done at Strasbourg, 15 December 2021.
For the European Parliament The President D. M. SASSOLI
For the Council The President A. LOGAR
(1) Position of the European Parliament of 11 November 2021 (not yet published in the Official Journal) and decision of the Council of 9 December 2021.
(2) Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11).
(3) Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).
(4) Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23).
(5) Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
(6) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
(7) Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network (OJ L 131, 21.5.2008, p. 7).
(8) OJ L 433 I, 22.12.2020, p. 28.
(9) Commission Delegated Regulation (EU) 2019/715 of 18 December 2018 on the framework financial regulation for the bodies set up under the TFEU and Euratom Treaty and referred to in Article 70 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (OJ L 122, 10.5.2019, p. 1).
(10) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
(11) OJ L 136, 31.5.1999, p. 15.
(12) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
(13) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(14) Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, p. 138).
(15) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(16) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
(17) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
(18) OJ C 9, 21.1.2017, p. 3.
(19) Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).
(20) Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
(21) Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).
(22) Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99).
(23) Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).
(24) Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).
(25) OJ L 56, 4.3.1968, p. 1.
(26) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
(27) Council Regulation No 1 of 15 April 1958 determining the languages to be used in the European Economic Community (OJ 17, 6.10.1958, p. 385).
(28) Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
(29) Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).
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