Annexes to COM(2016)271 - Proposal for an EU Agency for Asylum - EU monitor

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Annexes to COM(2016)271 - Proposal for an EU Agency for Asylum

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dossier COM(2016)271 - Proposal for an EU Agency for Asylum.
document COM(2016)271 EN;COM(2018)633 EN
date May  4, 2016
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.

- 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.

3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL

3.1.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 frameworkBudget lineType of
expenditure
Contribution
Number
[…][Heading 3]
Diff./Non-diff. 41from EFTA countries 42

from candidate countries 43

from third countrieswithin the meaning of Article 21(2)(b) of the Financial Regulation
18.03.02 European Asylum Support Office (EASO)

Diff./Non-diff.NONOYES*NO

*EASO receives contributions from Associate Countries.

• New budget lines requested

• There is no need to request a new budget line but budget line 18 03 02 should be renamed accordingly

In order of multiannual financial framework headings and budget lines.

Heading of multiannual financial frameworkBudget lineType of
expenditure
Contribution
Number
[…][Heading………………………………………]
Diff./Non-diff.from EFTA countriesfrom candidate countriesfrom third countrieswithin the meaning of Article 21(2)(b) of the Financial Regulation
[…][XX.YY.YY.YY]

YES/NOYES/NOYES/NOYES/NO

3.2.Estimated impact on expenditure

3.2.1.Summary of estimated impact on expenditure

EUR million (to three decimal places)

Heading of multiannual financial
framework
3Security and Citizenship

European Union Agency for AsylumYear
2017 44
Year
2018
Year
2019
Year
2020
Enter as many years as necessary to show the duration of the impact (see point 1.6)TOTAL
• Operational appropriations
Number of budget lineCommitments(1)
Payments(2)
Number of budget lineCommitments(1a)
Payments(2a)
Appropriations of an administrative nature financed from the envelope of specific programmes 45  

Number of budget line(3)
TOTAL appropriations
for the European Union Agency for Asylum
Commitments=1+1a +366.20686.97196.686114.100363.963
Payments=2+2a

+3
66.20686.97196.686114.100363.963


Heading of multiannual financial
framework
5‘Administrative expenditure’

EUR million (to three decimal places)

Year
2017
Year
2018
Year
2019
Year
2020
TOTAL
COMMISSION
• Human resources
0,5360,5360,5360,5362,144
• Other administrative expenditure
0,0300,0300,0300,0300,120
TOTAL COMMISSIONAppropriations0,5660, 5660, 5660, 5662,264

TOTAL appropriations
under HEADING 5
of the multiannual financial framework 
(Total commitments = Total payments)0, 5660, 5660, 5660, 5662,264

EUR million (to three decimal places)

Year
2017 46
Year
2018
Year
2019
Year
2020
TOTAL
TOTAL appropriations
under HEADINGS 1 to 5
of the multiannual financial framework 
Commitments66.206,586.971,596.686,5114.100,5363.963,5
Payments66.206,586.971.596.686,5114.100,5363.963,5

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:

Commitment appropriations in EUR million (to three decimal places)

Indicate objectives and outputs



Year
2017
Year
2018
Year
2019
Year
2020
TOTAL
Type 47

Average costNoCostNoCostNoCostNoCostTotal NoTotal cost
SPECIFIC OBJECTIVE No 1 48 : Facilitate the implementation and improve the functionning of the CEAS
- Output
Support activities for the CEAS implementation90.104,922707.810.000,0012010.810.000,0015013.810.000,0017013.523.510,2051045.953.510,200
- Output
Support activities for MS practical cooperation40.586,801006.081.2501506.081.2502006.981.2502007.237.65465026.381.404,080
- Output
Country of origin information and common analysis494.651,32784.306.250,00104.645.000,00104.845.000,00125.989.803,064019.786.053,060
Subtotal for specific objective No 1625.343,0517818.197.500,00028021.536.250,00036025.636.250,00038226.750.967,340120092.120.967,340
SPECIFIC OBJECTIVE No 2: Reinforcement of operational and technical assistance to Member States
- Output
Operational support activities572.666,8237028.633.341,167028.633.341,167028.633.341,167028.633.341,16280114.533.364,620
- Output
Cooperation with partners and stakeholders73.281,678151.240.000,00201.740.000,00251.740.000,00301.875.351,02906.595.351,020
- Output
Operational standards and best practices on asylum43.969,00715500.00020700.00020800.000201.297.675,51753.297.675,510
- Output
Communication, information exchange82.441,88810500.00010700.00010800.000101.297.675,51403.297.675,510
Subtotal for specific objective No 2
772.359,40

11030.873.341,15512031.773.341,15512531.973.341,15513033.104.043,195485127.724.066,660
TOTAL COST1.309.064,43628849.070.841,15540053.309.591,15548557.609.591,15551259.855.010,5351685219.845.034,000

* This table outlines only operational expenditure as per Title 3                

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:

EUR million (to three decimal places)

Human resources2017201820192020
C(2013)519 baseline51515151
Amendments40404040
Modified baseline91919191
Requested additional posts (non cumulative)*64597082
Establishment posts in headcounts155214284366
Of which AD107135179231
Of which AST4879105135
External personnel (FTE)5283106134
Of which contract agents417295123
Of which Seconded National Experts11111111
Total staff207297390500

* For 2017, 34 posts are requested under the existing mandate in 2017 while 30 additional are requested with a view to the new mandate.

Staff expenditure2017201820192020
Establishment plan posts
(in headcounts)
16.482.00024.723.00033.366.0043.550.000
- Of which AD
12.060.00016.214.00021.038.00027.470.000
- Of which AST
4.422.0008.509.00012.328.00016.080.000
External staff (FTE)3.238.0004.813.0006.703.0008.488.000
- Of which contract agents
2.380.0003.955.0005.845.0007.630.000
- Of which Seconded National Experts (SNE)
858.000858.000858.000858.000
Total staff19.720.00029.536.00040.069.00052.038.000

The proposal follows the 5% staff reduction reform (2013-2017) by reducing the Agency's staff gradually at a rate of 1% for the establishment plan for 2017 (a similar reduction rate was followed in the years 2013-2016).

In the course of 2014-2015, the Agency's establishment plan was reinforced with additional 40 posts to enable it to address the asylum related needs of different Member States in the most effective manner. However, in order to implement its new tasks provided for in the Regulation, the Agency will need 275 additional establishment posts by 2020. In particular, the following reinforcement of posts is needed:

Additional staff needed by EASO in order to fulfil its new tasks under the new mandate

(detail by operational objective)
Total staff (FTE)ADASTCAObjective
5536811Objective 1: Mechanism for monitoring and assessing the asylum and reception systems and a procedure for monitoring and assessment by the Agency; Dublin system management and operation
44211211Objective 2: Information on the implementation of the CEAS; Exchange of information among Member States; Information analysis on the situation of asylum; Quality processes and expertise
3213811Objective 3: European network on country of origin information; Common analysis on country of origin information; Designation of safe countries of origin and safe third countries
126662931Objective 4: Operational plan; Asylum intervention pool; Asylum support teams; Relocation activities; Disproportionate pressure on the asylum and reception systems; Technical equipment; Migration management support teams
3416135Objective 5: Collaboration on ENP countries with EASO (earmarked); Cooperation DK, associate countries, third countries, Union Agencies, bodies and offices, UNHCR and other international organisations, support to Member States in relation to CEAS, Consultative Forum
231193Objective 6: Operational standards, guidelines and best practices
15276Objective 7: Communication initiatives on its own initiative in the fields within its mandate
289154Management and administrative support to the new tasks

35717410182

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

2017201820192020Enter 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)4444
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) 49

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  50

- 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)
TOTAL4444

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.

Description of tasks to be carried out:

Officials and temporary staffRepresent 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.
External staff

3.2.4.Compatibility with the current multiannual financial framework

–     The proposal is compatible with the current multiannual financial framework and may entail the use of special instruments as defined in Council Regulation (EU, Euratom) No 1311/2013. 51

–     The proposal will entail reprogramming of the relevant heading in the multiannual financial framework.

The Agency's budgets for 2015 and 2016 have been considerably reinforced. The 2015 budget saw the addition of 40 staff members in the establishment plan given the increasing role of the Agency in its support to Member States on asylum matters. The 2016 budget strongly increased in terms of operational expenditure and the dimensions of EASO's interventions to support Member States is continuously increasing.

–     The proposal requires application of the flexibility instrument or revision of the multiannual financial framework 52 .


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)

2017201820192020Enter as many years as necessary to show the duration of the impact (see point 1.6)Total
Contribution from Schengen Associated Countries pmpmpmpm
TOTAL appropriations co-financed


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

EUR million (to three decimal places)

Budget revenue line:Appropriations available for the current financial yearImpact of the proposal 53
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)
Article ………….

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

[…]

Specify the method for calculating the impact on revenue.

[…]

(1) COM(2016) 197 final.
(2) EUCO 19.02.2016, SN 16/16
(3) COM(2015) 240 final.
(4) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).
(5) Council conclusions on convergence in asylum decision practices, 21 April 2016, 8210/16.
(6) COM(2015) 671 final.
(7) 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).
(8) 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).
(9) OJ L […]
(10) Council Decision of 14 May 2008 establishing a European Migration Network (OJ L 131, 21.5.2008, p. 7).
(11) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(12) OJ C 373, 20.12.2013, p. 1.
(13) 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).
(14) OJ L 136, 31.5.1999, p. 15.
(15) 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).
(16) 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).
(17) OJ L […]
(18) OJ L […]
(19) OJ C […]
(20) OJ L […]
(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 (recast) (OJ L 180, 29.6.2013, p. 60).
(22) 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 (recast) (OJ L 337, 20.12.2011, p. 9).
(23) OJ L […]
(24) Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 286, 1.11.2011, p. 1).
(25) 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).
(26) Commission Decision 2015/444 (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).
(27) Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1)
(28) Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).
(29) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
(30) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
(31) Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).
(32) 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).
(33) 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).
(34) Council Regulation (EC, Euratom) 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).
(35) Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).
(36) 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).
(37) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(38) ABM: activity-based management; ABB: activity-based budgeting.
(39) As referred to in Article 54(2)(a) or (b) of the Financial Regulation.
(40) 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
(41) Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
(42) EFTA: European Free Trade Association.
(43) Candidate countries and, where applicable, potential candidate countries from the Western Balkans.
(44) Year N is the year in which implementation of the proposal starts.
(45) 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.
(46) Year N is the year in which implementation of the proposal starts.
(47) Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).
(48) As described in point 1.4.2. ‘Specific objectives…’
(49) AC= Contract Staff; AL = Local Staff; END= Seconded National Expert; INT = agency staff; JED= Junior Experts in Delegations.
(50) Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).
(51) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).
(52) See Articles 11 and 17 of Council Regulation (EU, EURATOM) No 1311/2013 laying down the multiannual financial framework for years 2014-2020.
(53) 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.