Regulation 2021/2303 - EU Agency for Asylum - Main contents
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official title
Regulation (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 439/2010Legal instrument | Regulation |
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Number legal act | Regulation 2021/2303 |
Original proposal | COM(2016)271 ![]() |
CELEX number i | 32021R2303 |
Document | 15-12-2021; Date of signature |
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Publication in Official Journal | 30-12-2021; OJ L 468 p. 1-54 |
Signature | 15-12-2021 |
Effect | 01-01-1001; Application Partial application See Art 73 19-01-2022; Entry into force Date pub. +20 See Art 73 31-12-2023; Application Partial application See Art 73 |
Deadline | 10-01-2025; See Art 70.2 |
End of validity | 31-12-9999 |
30.12.2021 |
EN |
Official Journal of the European Union |
L 468/1 |
REGULATION (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 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 (1),
Whereas:
(1) |
The objective of the Union’s policy on asylum is to develop and establish a Common European Asylum System (CEAS) that is consistent with the values and humanitarian tradition of the Union and governed by the principle of solidarity and fair sharing of responsibility. |
(2) |
A common policy on asylum based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967, is a constituent part of the Union’s objective of establishing progressively an area of freedom, security and justice open to third-country nationals or stateless persons who seek international protection in the Union. |
(3) |
The CEAS is based on common minimum standards for procedures for international protection, recognition and protection offered at Union level and for reception conditions, and it establishes a system for determining the Member State responsible for examining applications for international protection. Notwithstanding the progress made on the CEAS, there are still significant disparities between the Member States as regards the granting of international protection and the form that such international protection takes. Those disparities should be addressed by ensuring greater convergence in the assessment of applications for international protection and by guaranteeing a uniform level of application of Union law, based on high protection standards, across the Union. |
(4) |
In its communication of 6 April 2016 entitled ‘Towards a reform of the Common European Asylum System and enhancing legal avenues to Europe’, the Commission set out priority areas for structurally improving the CEAS, namely the establishment of a sustainable and fair system for determining the Member State responsible for asylum seekers, the reinforcement of the Eurodac system, the achievement of greater convergence in the Union asylum system, the prevention of secondary movements within the Union and the development of a new mandate for the European Asylum Support Office (EASO). That communication is in line with a call by the European Council on 18 February 2016 to make progress towards reforming the Union’s existing framework so as to ensure a humane, fair and efficient asylum policy. That communication also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own-initiative report of 12 April 2016 entitled ‘The situation in the Mediterranean and the need for a holistic EU approach to migration’. |
(5) |
EASO was established by Regulation (EU) No 439/2010 of the European Parliament and of the Council (2), and it took up its responsibilities on 1 February 2011. EASO enhances practical cooperation among Member States on asylum-related matters and assists Member States in implementing their obligations under the CEAS. EASO also provides support to Member States whose asylum and reception systems are under particular pressure. However, its role and function need to be further strengthened so as to not only support practical cooperation among Member States but to reinforce and contribute to ensuring the efficient functioning of the asylum and... |
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