THE STATE OF THE EUROPEAN UNION. Reforming Europe in a time of war

THE STATE OF THE EUROPEAN UNION 50 In addition, on 9 December 2021, the Council finally adopted the Regulation creating the EU Agency for Asy- lum, which aims to improve how the EU’s asylum policy is applied by converting the current European Asylum Support Office (EASO) into an agency in full right. The proposal for the European Commission pact maintained the 2016 proposal on the Regulation on the EU Agency for Asylum and the debate on this issue was revived. The Presidency of the Council and the European Parliament reached a provisional agreement on 29 June 2021. The Council formally adopted the Regulation on 11 Novem- ber 2021.The Agency’s objectives focussed on optimising how the Common European Asylum System worked, im- proving the operative and technical assistance it provides for Member States and targeted greater convergence re- garding how international protection applications are as- sessed.The newAgency is therefore the second legislative proposal to be applied within the New Deal, following agreement on the EU Blue Card Directive in May 2021. Negotiations on the remaining legislative proposals roll on in the European Parliament and Council. − The proposal for Regulation of the European Parlia- ment and Council addressing situations of crisis and force majeure determines a Migration Governance framework (EU-wide and national), includes the Dub- lin Regulation and determines a response mechanism for solidarity in the case of migratory pressure and for arrivals after Search and Rescue.The solidarity mech- anism implies relocation, return sponsorship and/or developing skills such as tools to let Member States show their solidarity. Agreements are sought on ma- jor issues, such as among the numerous amendments presented by different political groups on the Dublin Regulation, including the relevance of “entry crite- ria” and the solidarity mechanism determined in the Regulation. The aim was to determine a position for the European Parliament before the summer of 2022. − The modified proposal of the European Parliament and Council Regulation determining a common pro- cedure for international protection focussed on a new selection procedure, selection criteria for asylum seekers that will be channelled towards the border asylum procedure; time frames for border asylum and return procedures, the obligation involved; fiction of non-entry; detention and flight risk; right to an ef- fective appeal; suspensive effect of the appeal and guarantees of fundamental rights. Member States are still divided on the compulsory nature of the border procedure. − Proposal for a regulation of the European Parliament and of the Council introducing a screening of third country nationals at the external borders (pre-screen- ing). The main points of this Regulation refer to the fiction of legal entry, the control mechanism, the reasons for detention, the relationship between screening and the Directive on reception conditions and legal appeals. − Proposal to modify the Eurodac Regulation. The most controversial questions revolve around the use of biometric data, personal data protection and the regime that is applicable to so-called “security flags”, and the role of EU agencies. Positions dif- fered between the conflicting stances from Eastern Member States, more focussed on screening issues and Mediterranean Member States, more interested in solidarity mechanisms. − European Parliament and Council Regulation Pro- posal regarding the situations of crisis and force majeure in the field of migration and asylum. The Crisis Regulation plans for a system beyond the mi- gratory presence with the possibility that the Mem- ber State under crisis pressure –in consultation with the EC– diverges from the regular asylum tradition, which can lead to extended border procedures and further solidarity mechanisms, particularly relocation. It also outlined arrangements for the case of force majeure, specifically longer time frames to register applications, for the paperwork to determine the responsibility of an asylum-seeker and to transfer these applicants to the responsible Member State, and to apply the solidarity measures undertaken by the Member State affected by the Regulation.