EUU, Alm.del - 2015-16 - Endeligt svar på spørgsmål 151: Spm. om, med hvilket konkret mandat danske embedsmænd udsendes til at gøre tjeneste under EASO i migrationshotspots i Grækenland, til udlændinge-, integrations- og boligministeren, kopi til udenrigsministeren

Europaudvalget 2015-16
EUU Alm.del
Offentligt

European Asylum Support Office

Code of

conduct

for persons

participating in

EASO operational

support

activities

SUPPORT IS OUR MISSION

EUU, Alm.del - 2015-16 - Endeligt svar på spørgsmål 151: Spm. om, med hvilket konkret mandat danske embedsmænd udsendes til at gøre tjeneste under EASO i migrationshotspots i Grækenland, til udlændinge-, integrations- og boligministeren, kopi til udenrigsministeren

1 — EASO Code of Conduct

Dear reader,

I am pleased to present to you the European Asylum Office

(EASO) Code of Conduct for participating in EASO operational

support activities. This document is binding not only for EASO

staff, but also for those who take part in the operational activities

coordinated by the agency.

This document is the basis for asylum and immigration officers

performing tasks in another Member State during their

deployment with EASO as members of the asylum support teams

under Operating Plans or participating in the implementation

of Special Support Plans, or during the EASO Joint Processing

activities.

When performing tasks in another Member State during EASO

operational support activities, due consideration should be

taken of the ethical and legal principles. All participants in EASO

operational support activities must be guided by the highest

standards, while making use of and sharing their best practices

in asylum and reception matters.

I am convinced that this document is yet another element

contributing to strengthening practical cooperation among

Member States on asylum and reception and developing best

practices on activities related to Joint Processing of applications

for international protection. EASO technical and operational

assistance supports the requesting Member State or Member

States, in order to improve the implementation of the instruments

of the Common European Asylum System (CEAS).

Robert K. Visser

Executive Director

2 — EASO Code of Conduct

CHAPTER I

GENERAL PROVISIONS

Article 1

Objectives, scope and subject matter

The present Code of Conduct aims to promote professional

values based on the principles of the rule of law and the

respect of fundamental rights and to establish the ethical

behavioural standards that guide all persons participating

in EASO operational support activities.

In this regard it sets out principles and rules which guide

the conduct of persons participating in EASO operational

support activities, namely members of the asylum support

teams from participating Member States deployed

under Article 16 of the EASO Regulation (

), experts from

Member States participating in the implementation of the

Special Support Plans and persons participating in EASO

Joint Processing activities.

Article 2

Definitions

For the purpose of the present code, the following

definitions apply.

(a) The term ‘participant’ refers to any person

contributing to EASO operational support activities

and taking part in the implementation of EASO

Operating Plans, Special Support Plans and Joint

Processing activities.

(b) The term ‘EASO operational support activities’ means

any activity coordinated or led by EASO within the

framework of its tasks as described in the EASO

Regulation and accompanying the Operating Plans,

the Special Support Plans and the terms of reference

for the Joint Processing activities.

(

)

Regulation (EU) No 439/2010 of 19 May 2010 establishing a European

Asylum Support Office.

3 — EASO Code of Conduct

that have concluded agreements with the European

Union by virtue of which they have adopted and apply

the law of the Union in the field covered by the EASO

Regulation. It includes the associated countries that

have concluded working arrangements for their

participation in the work of EASO.

(d) The term ‘home Member State’ refers to the

Member State where participants are currently

working, before being deployed or invited under

EASO Operating Plans, Special Support Plans or Joint

Processing activities.

(e) The term ‘host Member State’ refers to the Member

State where participants are deployed or invited

under EASO Operating Plans, Special Support Plans

or Joint Processing activities.

(f) The term ‘discrimination’ means any unfair treatment

or arbitrary action or distinction based on a person’s

sex, race, colour, ethnic or social origin, genetic

features, language, religion or belief, political or and

other opinion, membership of a minority, property,

birth, disability, age or sexual orientation.

(g) The term ‘harassment’ means any improper or

unwelcome conduct that might reasonably be

expected to be perceived to cause offence or

humiliation to another person. Harassment may

take the form of words, gestures or actions which

annoy, alarm, abuse, demean, intimidate, belittle,

humiliate or embarrass another or which create an

intimidating, hostile or offensive work environment.

(h) The term ‘responsible officer in EASO’ refers to the

EASO staff member nominated for coordinating the

implementation of each EASO Operating Plan, Special

Support Plan or Joint Processing activity.

4 — EASO Code of Conduct

CHAPTER II

PRINCIPLES

Article 3

Lawfulness

Participants in EASO operational support activities serve

the public interest and shall comply with international law,

European Union law, the national law of both home and

host Member States and the present Code of Conduct.

They shall also meet the obligations imposed on them

by the provisions stated in the EASO Regulation, the

accompanying Operating Plans, Special Support Plans and

Terms of Reference for the Joint Processing activities or

other similar agreed rules.

Article 4

Fundamental Rights

Participants in EASO activities shall:

(a) at all times, promote and respect human dignity and

the fundamental rights of every individual, regardless

of their sex, race, colour, ethnic or social origin, genetic

features, language, religion or belief, political or any

other opinion, membership of a national minority,

property, birth, disability, age or sexual orientation;

(b) promote compliance with the relevant international

and European instruments regarding fundamental

rights protection.

5 — EASO Code of Conduct

Article 5

Close cooperation

All participants in EASO operational support activities

shall work in host Member States in compliance with the

Operating Plan, the Special Support Plan and the Terms

of Reference for the Joint Processing activities.

While performing their duties, participants in EASO

operational support activities will cooperate with the UN

High Commissioner for Refugees (UNHCR), the European

Commission, other EU bodies such as the European Agency

for the Management of Operational Cooperation at the

External Borders of the Member States of the European

Union (Frontex) and the European Union Agency for

Fundamental Rights (FRA), and the Member States. Such

cooperation shall be in agreement with the responsible

officer in EASO.

Article 6

International protection

Participants in EASO operational support activities shall:

(a) promote, in full compliance with the principle of

non‑refoulement,

that persons seeking international

protection are recognised, receive adequate

assistance, are informed, in an appropriate way, about

their rights and relevant procedures and are referred

to the national authorities responsible for receiving

their applications for international protection;

(b) give special consideration to particularly vulnerable

groups of people, including women, unaccompanied

minors, disabled persons susceptible to exploitation

and victims of exploitation or trafficking in human

beings;

and reception procedure that require healthcare

are referred to the national authorities and are

given access to healthcare in accordance with the

provisions and laws of the host Member State.

6 — EASO Code of Conduct

Article 7

Performance of duties

Participants in EASO operational support activities shall

ensure that instructions, directives and required duties

are carried out promptly and diligently.

Article 8

Responsibility

Participants in EASO operational support activities are

individually responsible for the way in which they perform

their work.

Article 9

Conflict of interests

To perform their duties properly, participants in EASO

operational support activities shall refrain from any

activities which would undermine or compromise their

independence and the appropriate performance of their

duties.

Article 10

Confidentiality

Confidential or sensitive information in the possession

of a participant in EASO operational support activities

shall not be publicly disclosed, including in social media

or environment, unless the performance of duty or the

needs of justice strictly require disclosure or disclosure

has been appropriately authorised by EASO.

Participants shall not relay information or express personal

opinions or facts regarding EASO operational support

activities in the media unless explicit authorisation is

given by the Executive Director of EASO.

Participants are bound by the obligation to behave with

discretion regarding past, current, planned or potential

EASO operational support activities.

7 — EASO Code of Conduct

Article 11

Behavioural standards

Participants in EASO operational support activities

whether on or off duty shall:

(a) abstain from all behaviour likely to compromise the

prestige and the nature of the public mission in which

they are deployed or to bring discredit upon their

organisation, the host Member State or EASO;

(b) act with fairness and impartiality in their dealings with

the public and other participants in EASO operational

support activities, treating all with courtesy and

respect, avoiding all forms of victimisation or

discrimination, bearing in mind the diverse nature of

people, including backgrounds, and/or origin;

(d) refrain from using vulgar, obscene or otherwise

offensive speech or gestures that could be considered

abusive towards other participants in EASO

operational support activities or the public.

8 — EASO Code of Conduct

CHAPTER III

PROHIBITED CONDUCTS

Article 12

Abuse of authority

All improper use of a position of influence, power or

authority is forbidden.

Article 13

Discrimination

All discriminatory behaviours as defined in Article 2(f)

towards the public or other participants in EASO

operational support activities are forbidden.

Article 14

Harassment

All forms of harassment as defined in Article 2(g) are

forbidden.

Article 15

Corruption

The use of public position for illegitimate private gains as

well as the acceptance of unjustified rewards for actions

taken in EASO operational support activities is forbidden.

Consent to any form of corrupt activity is forbidden.

Article 16

Use of narcotics and drugs

The use or possession of narcotics or drugs, unless

prescribed for medical purposes, is forbidden.

9 — EASO Code of Conduct

Article 17

Consumption of alcohol

The consumption of alcohol while on duty is forbidden.

Article 18

Civil and criminal liability

In accordance with Articles 21 and 22 of the EASO

Regulation, participants from Member States plus

Norway and Switzerland shall be subject to the provisions

contained therein on civil and criminal liability.

10 — EASO Code of Conduct

CHAPTER IV

FINAL PROVISIONS

Article 19

Reporting

Participants in EASO operational support activities who

have reason to believe that a violation of the present Code

of Conduct has occurred, or is about to occur, are obliged

to report the matter to the Executive Director of EASO

through the responsible officer in EASO and to the host

Member State via the appropriate channels.

The list of contact persons in EASO and the host

Member State is provided in the working arrangement

accompanying each EASO Operating Plan, Special Support

Plan and Joint Processing activity. The main e‑mail address

for EASO is

[email protected]

Article 20

Sanctions

In the case of violation of the present Code of Conduct

by a participating member of EASO staff, the Executive

Director of EASO will take adequate measures which

may include the immediate removal of the responsible

officer in EASO from the current activities under the

EASO Operating Plans, Special Support Plans and Joint

Processing activities.

If the violation was committed by a participant from

a Member State, the Executive Director will inform the

Member State and can immediately remove the person

concerned from the EASO operational support activity.

It is expected that the relevant authority of the Member

State will use its own powers regarding the necessary

disciplinary measures and, if applicable, will remove the

person concerned from the respective EASO asylum

intervention pool for a defined period.

Print: ISBN 978-92-9243-368-0, doi:10.2847/530063, BZ-04-15-026-EN-C — PDF: ISBN 978-92-9243-367-3, doi:10.2847/71161, BZ-04-15-026-EN-N