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European Asylum Support Office and Entry-Exit System: Limited extension of stay

01 November 2016

Confidential Council of the EU documents on two major proposals currently under discussion. The first concerns a new legal basis for the European Asylum Support Office, which the EU hopes to give an expanded remit and more powers. The second relates to a proposal from the Commission to ensure that "aliens" present in the EU on touring visas that are extended can only leave the bloc through the country which issued the extension, in part to "maximise the benefit" of the proposed Entry/Exit System.

 EUROPEAN ASYLUM SUPPORT OFFICE: Proposal for a Regulation of the European Parliament and of the Council on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 (LIMITE doc no: 13306-16, 94 pages, pdf)

With 250 Footnotes including Member State positions:

"At its meetings on 10 October, the Asylum Working Party examined Presidency compromise suggestions for Articles 1-12 and 16-28. Comments made by delegations on these provisions as well as those subsequently submitted in writing appear in the footnotes of the Annex....

The objective of the Union's policy on asylum is to develop and establish a Common European Asylum System (CEAS), consistent with the values and humanitarian tradition of the European Union and governed by the principle of solidarity and fair sharing of responsibility....

Footnote: BE, CY, FI, LT, PT, SK: general scrutiny reservations. BE, DE, ES, FR, IE: this proposal should be dealt with in a package with other proposals in the field of asylum as it would be very difficult to agree on it without knowing the outcome of discussions on the other proposals.

Article 1: Scope: The European Union Agency for Asylum (the Agency) shall ensure the efficient and uniform application of Union asylum law in Member States. It shall facilitate the implementation and improve the functioning of the Common European Asylum System (CEAS), enabling convergence in the assessment of applications for international protection across the Union." [emphasis added]

Note: the title in document 13306/16 is incorrect. See: COR 1 (LIMITE, pdf)

 ENTRY-EXIT SYSTEM: Duration of short-stay in the Schengen area - Extension of that duration under bilateral agreements concluded by Member States with third countries - Draft regulations on Entry/Exit system and Touring visa(LIMITE doc no: 13397-16, pdf):

After an extension of stay the "alien" must exit the Schengen area from the Member State agreeing to the extension:

"The Commission has proposed to amend Article 20(2) of the Convention implementing the Schengen Agreement (CISA) both under Article 54 of the draft Regulation establishing the Entry Exit System (EES) and under Article 12 of the draft Regulation on the touring visa...

That compromise suggestion aimed at respecting the existence of those bilateral agreements as much as possible and at the same time sought to maximize the benefit of the EES.... [emphasis added]

Compared to the last version in 12114/16, the provisions on transit have been deleted, meaning that exit from the Schengen area will only be allowed through the territory of the Member State which is a Contracting Party to the bilateral agreement and the authorities of which have extended the stay....

The alien shall exit at the external borders of that Contracting party.

The competent authority that has extended the stay shall inform the alien concerned that the extension of stay is authorised only in the territory of that Contracting party and he/she shall exit at the external border of that Contracting party." [emphasis in original]