Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 536: To ask the Minister for Justice, Equality and Law Reform the status of EU plans to agree a list of safe third world countries as part of the streamlining of the asylum process; the steps being taken at EU level to facilitate the streamlining of the asylum process; and if he will make a statement on the matter. [29555/09]

Dermot Ahern (Louth, Fianna Fail)
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In 2005, the Council of the European Union adopted Council Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status. Article 29 of the Directive makes provision for a minimum common list of third countries regarded as safe countries of origin for the purposes of the Directive. Paragraphs 1 and 2 of Article 29 envisaged that a minimum common list of third countries could be adopted or amended by the Council. These paragraphs, and other provisions of the Directive, were considered by the Court of Justice in the case of European Parliament v Council of the European Union (Case C-133/06). The Court annulled paragraphs 1 and 2 of Article 29. In its judgement the Court stated that, by including in the Directive the secondary legal bases constituted by the contested provisions, the Council infringed Article 67 of the EC Treaty, thereby exceeding the powers conferred on it by the Treaty.

The Court also stated that, as regards the future adoption of the lists of safe countries and their amendment, the Council must proceed in compliance with the procedures established by the Treaty. There is no proposal at present for the adoption of such a list. In June 2008, the European Commission adopted its Communication entitled "Policy Plan on Asylum: An Integrated Approach to Protection across the EU". In its Policy Plan on Asylum, the Commission announced a package of proposals which will aim to ensure a higher degree of harmonisation and better standards of protection for the Common European Asylum System. The Commission's Action Plan set out a three strand strategy comprising:

better quality and enhanced harmonisation of standards of international protection, in particular proposed amendments to the Directives in the field of asylum dealing with reception conditions, procedures and qualification.

practical co-operation, in particular a proposal for the establishment of a European Asylum Support Office with the remit of developing practical co-operation between the administrations in the Member States in charge of examining asylum applications.

promoting responsibility and solidarity within the EU and between the Union and third countries, in particular proposed amendments to the Dublin System, solidarity mechanisms within the EU and external solidarity including a proposed EU resettlement scheme.

In accordance with its Action Plan, the European Commission has adopted proposals for the recasting of the Dublin Regulation, the Eurodac Regulation and the Reception Conditions Directive. The Commission has also adopted a proposal for the establishment of a European Asylum Support Office. These proposals are subject to the co-decision procedure involving the Council of the European Union and the European Parliament set out in Article 251 of the EC Treaty. The Commission has also announced that it will be proposing amendments to the Asylum Qualification Directive and the Asylum Procedures Directive in the course of 2009.