Legal provisions of COM(2022)112 - Amending regulations 514/2014, 516/2014 on the Asylum, Migration and Integration Fund and the instrument for financial support for police cooperation, crime, crisis management

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Article 1

Regulation (EU) No 514/2014 is amended as follows:

(1)Article 17(3) is replaced by the following:

‘3.   Expenditure shall be eligible for support under the Specific Regulations if it has been both incurred by a beneficiary and fully disbursed by the designated Responsible Authority between 1 January 2014 and 30 June 2024.’;

(2)Article 40 is amended as follows:

(a)in paragraph 1, the introductory wording is replaced by the following:

‘1.   Member States shall submit the following documents by 31 December 2024:’;

(b)paragraph 2 is replaced by the following:

‘2.   The payments made by the Responsible Authority from 16 October 2023 to 30 June 2024 shall be included in the last annual accounts.’;

(3)Article 50(4) is replaced by the following:

‘4.   The commitments related to the last 2 years of the period shall be decommitted in accordance with the rules followed for the closure of the programme.’;

(4)Article 54(1) is replaced by the following:

‘1.   By 31 March 2016 and by 31 March of each subsequent year until and including 2023, the Responsible Authority shall submit to the Commission an annual report on the implementation of each national programme in the previous financial year and may, at the appropriate level, publish that information. The report submitted in 2016 shall cover the financial years 2014 and 2015. The Member State shall submit a final report on the implementation of the national programmes by 31 December 2024.’;

(5)Article 57 is amended as follows:

(a)in paragraph 1, point (b) is replaced by the following:

‘(b)an ex-post evaluation report on the effects of actions under their national programmes by 31 December 2024.’;

(b)in paragraph 2, point (b) is replaced by the following:

‘(b)an ex-post evaluation report on the effects of this Regulation and the Specific Regulations, following the closure of the national programmes, by 30 June 2025.’.

Article 2

Regulation (EU) No 516/2014 is amended as follows:

(1)Article 16(3) is replaced by the following:

‘3.   The additional amounts referred to in paragraphs 1 and 2 of this Article shall be allocated to the Member States in the individual financing decisions approving or revising their national programmes in the context of the mid-term review in accordance with the procedure laid down in Articles 14 and 15 of Regulation (EU) No 514/2014. Those amounts shall only be used for the implementation of the specific actions listed in Annex II to this Regulation. However, where necessary in the light of new or unforeseen circumstances, a Member State may use those amounts for other actions under its national programme, provided that it consults the Commission prior to such use.’;

(2)Article 17(9) is replaced by the following:

‘9.   The additional amounts referred to in paragraphs 1 and 2 of this Article shall be allocated to the Member States every 2 years, for the first time in the individual financing decisions approving their national programme in accordance with the procedure laid down in Article 14 of Regulation (EU) No 514/2014, and later in a financing decision to be annexed to the decisions approving their national programme. Those amounts shall not be transferred to other actions under the national programme. However, where necessary in the light of new or unforeseen circumstances, a Member State may transfer those amounts to other actions under its national programme, provided that it consults the Commission prior to such transfer.’.

Article 3

In Article 10 of Regulation (EU) 2021/1147, the following paragraph is added:

‘5.   Support under this Regulation may also be financed by contributions made by Member States and by other public or private donors as external assigned revenue in accordance with Article 21(5) of the Financial Regulation.’.

Article 4

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.