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European Union JHA Opt-In Decision: Amended Proposal for a Regulation on the European Union Agency for Asylum

The Government has decided not to opt in (under the UK’s JHA opt-in Protocol) to the amended proposal for a Regulation of the European Parliament and of the Council on the European Union Agency for Asylum (EUAA). The proposal is an amended version of the proposal for a Regulation of the European Parliament and of the Council on the European Union Agency for Asylum, and repealing the European Asylum Support Office (EASO) Regulation ((EU) No 439/2010).

The United Kingdom remains committed to continued engagement and cooperation with the EU on asylum and migration issues. The UK has provided deployments through EASO to Greece, in support of the EU-Turkey Statement, and also to Italy. The UK took the decision not to opt into the initial proposal for an EUAA Regulation, published in 2016, to repeal the EASO Regulation, based on a number of problematic elements. Most notably, the Regulation provides the EUAA with a significant amount of oversight over national asylum systems and, by opting in, the UK could become subject to evaluations and recommendations from the Agency, who would have powers to get involved in Member States’ asylum systems. We remain of the firm view that the functioning of asylum systems is a sovereign issue.

Until the UK leaves the EU, we remain a full member, and the Government will continue to consider the application of the UK’s opt-in to EU legislation on a case by case basis, with a view to maximising our country’s commitment to protecting and enhancing our ability to control immigration.