EU Agreements

Tuesday, 13 February 2024

Questions (475)

Pa Daly

Question:

475. Deputy Pa Daly asked the Minister for Justice to provide details on each EU immigration-related policy that Ireland has opted into, including the dates when the Government decided to opt in or out and when the measure was passed by both Houses of the Oireachtas. [6553/24]

View answer

Written answers

Minister for Justice

The information requested is currently being compiled and I will write to the Deputy directly once the information is to hand.

I can assure the Deputy that my Department is working to have an appropriate answer ready shortly.

The following deferred reply was received under Standing Order 51.

I refer to Parliamentary Questions No. 475 of 12 February 2024 where you asked: “….. to provide details on each EU immigration policy that Ireland has opted into, including the dates when the Government decided to opt in or out and when the measure was passed by both Houses of the Oireachtas."

As you will recall, I sought the information you requested and have the following response.

Under Protocol 21 attached to the Treaty on the Functioning of the European Union, Ireland is not automatically bound by EU measures in the area of asylum and migration. However, the State may opt-in to these measures if it wishes to do so.

Decisions to opt-in are subject to the approval of both Houses of the Oireachtas. Table 1 outlines the measures that the State has opted-in to. Table 2 outlines the measures that Ireland is or was automatically bound by as we had opted-in to the underlying measures.

Table 1

Measure	In Force Y/N	Date of Government Decision	Date of Oireachtas Approval
Council Decision 2005/372/EC of 3 March 2005 concerning the conclusion of the Agreement between the European Community and the Democratic Socialist Republic of Sri Lanka on the readmission of persons residing without authorisation.	Y	27/11/2012	26/02/2013
2007/819/EC: Council Decision of 8 November 2007 on the conclusion of the Agreement between the European Community and the Republic of Serbia on the readmission of persons residing without authorisation	Y	27/11/2012	26/02/2013
Decision 2007/826 - 2007/826/EC: Council Decision of 22 November 2007 on the conclusion of the Agreement with Moldova on the readmission of persons residing without authorisation	Y	27/11/2012	26/02/2013
2010/649/EU: Council Decision of 7 October 2010 on the conclusion of the Agreement between the European Community and the Islamic Republic of Pakistan on the readmission of persons residing without authorisation	Y	27/11/2012	26/02/2013
Council Decision (EU) 2015/1523 of 14 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and of Greece	N	29/09/2015	01/10/2015

Measure	In Force Y/N	Date of Government Decision	Date of Oireachtas Approval
Decision No 258/2013/EU of the European Parliament and of the Council of 13 March 2013 amending Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC with a view to increasing the co-financing rate of the European Refugee Fund, the European Return Fund and the European Fund for the Integration of third-country nationals as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability	N	20/11/2012	29/11/2012 (Seanad) 20/12/2012 (Dáil)
Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece	N	29/09/2015	01/10/2015
Directive 2013/33/EU of the European Parliament and of the Council of 26¬†June 2013 laying down standards for the reception of applicants for international protection (recast)	Y	21/11/2017	23/01/2018

Measure	In Force Y/N	Date of Government Decision	Date of Oireachtas Approval
Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (recast)	Y	06/05/2014	03/07/2014
Regulation (EU) No¬439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office	N	02/04/2009	14/05/2009
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	N	14/02/2012	13/03/2012
Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast)	Y	10/02/2009	25/02/2009

Measure	In Force Y/N	Date of Government Decision	Date of Oireachtas Approval
Regulation (EU) No 514/2014 of the European Parliament and of the Council of 16 April 2014 laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management	Y	28/02/2012	13/03/2012
Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No †573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC	Y		13/03/2012
Regulation (EU) 2017/1954 of the European Parliament and of the Council of 25 October 2017 amending Council Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals	Y	12/06/2020	23/07/2020 (Seanad) 28/07/2020 (Dáil)
Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011	Y	12/09/2018	11/04/2019

Measure	In Force Y/N	Date of Government Decision	Date of Oireachtas Approval
Regulation (EU) 2018/2000 of the European Parliament and of the Council of 12 December 2018 amending Regulation (EU) No 516/2014 of the European Parliament and of the Council, as regards the recommitment of the remaining amounts committed to support the implementation of Council Decisions (EU) 2015/1523 and (EU) 2015/1601 or the allocation of those amounts to other actions under the national programmes	Y	04/12/2018	06/12/2018
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	Y	18/10/2022	22/03/23 (Dáil) 23/03/23 (Seanad)
Decision No 575/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the European Return Fund for the period 2008 to 2013 as part of the General Programme Solidarity and Management of Migration Flows	N	20/06/2005	01/07/2005
2004/80/EC: Council Decision of 17 December 2003 concerning the conclusion of the Agreement between the European Community and the Government of the Hong Kong Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation	Y		26/06/2002
2007/435/EC: Council Decision of 25 June 2007 establishing the European Fund for the Integration of third-country nationals for the period 2007 to 2013 as part of the General programme Solidarity and Management of Migration Flows	N	20/06/2005	01/07/2005

Measure	In Force Y/N	Date of Government Decision	Date of Oireachtas Approval
Decision No 573/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme Solidarity and Management of Migration Flows and repealing Council Decision 2004/904/EC	N	20/06/2005	01/07/2005
2000/596/EC: Council Decision of 28 September 2000 establishing a European Refugee Fund	N	04/04/2000	18/04/2000 (Dáil) 19/04/2000 (Seanad)
2006/688/EC: Council Decision of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States' measures in the areas of asylum and immigration	Y	06/12/2005	15/12/2005
2004/573/EC: Council Decision of 29 April 2004 on the organisation of joint flights for removals from the territory of two or more Member States, of third-country nationals who are subjects of individual removal orders	Y	29/10/2003	11/11/2003
2008/381/EC: Council Decision of 14 May 2008 establishing a European Migration Network	Y	June 2008	09/07/2008
2004/904/EC: Council Decision of 2 December 2004 establishing the European Refugee Fund for the period 2005 to 2010	N	20/04/2004	06/05/2004
Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted	Y (for Ireland)	25/01/2002	13/02/2002

Measure	In Force Y/N	Date of Government Decision	Date of Oireachtas Approval
Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research	Y (for Ireland)	01/06/2004	01/07/2004
Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status	Y (for Ireland)	30/01/2001	13/02/2001 (Dáil) 14/02/2001 (Seanad)
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof	Y	16/10/2001	19/02/03 (Dáil) 25/02/03 (Seanad)
Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence	Y		28/03/2002
Council Regulation (EC) No 380/2008 of 18 April 2008 amending Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals	Y	11/11/2003	18/12/2003
Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention	N	05/10/1999	13/10/1999
Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national	N	09/10/2001	25/10/2001

Table 2

Measure	In Force Y/N
Decision No 458/2010/EU of the European Parliament and of the Council of 19 May 2010 amending Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 by removing funding for certain Community actions and altering the limit for funding such actions	N
Council Decision of 7 March 2011 on the conclusion of a Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland	Y
2006/188/EC: Council Decision of 21 February 2006 on the conclusion of the Agreement between the European Community and the Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national and Council Regulation (EC) No 2725/2000 concerning the establishment of Eurodac for the comparison of fingerprints for the effective application of the Dublin Convention	Y
2008/147/EC: Council Decision of 28 January 2008 on the conclusion on behalf of the European Community of the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland	Y
2006/167/EC: Council Decision of 21 February 2006 on the conclusion of a Protocol to the Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway (Text with EEA relevance)	Y
2001/258/EC: Council Decision of 15 March 2001 concerning the conclusion of an Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and	Y

Measure	In Force Y/N
mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or Iceland or Norway
2009/487/EC: Council Decision of 24 October 2008 on the conclusion of a Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland	Y