Explanatory Memorandum to COM(2025)542 - Union support for internal security for the period from 2028 to 2034 - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2025)542 - Union support for internal security for the period from 2028 to 2034. |
|---|---|
| source | COM(2025)542  |
| date | 16-07-2025 |
1. CONTEXT OF THE PROPOSAL
• Reasons and objectives
In line with the Commission Political Guidelines for 2024 - 2029, the EU is committed to achieving a safer and more secure Europe. The Commission has followed up on this commitment by adopting on 1 April 2025 the Protect EU Strategy which aims at meeting citizens’ expectations in the field of security, by protecting them from various crime threats which may also have their origin outside the EU. It provides a comprehensive framework to strengthen internal security, which will need to be supported with concrete actions against hybrid threats, potential disruptions to critical infrastructure, such as energy interconnectors or cross-border communication cables, and supply chains, organised crime networks, terrorist threats, extremism and radicalisation, as well as cyberattacks, and foreign manipulation of information.
For this, the Member States must be adequately supported, within a coherent yet flexible financing framework, embedding the core elements of the new approach and focusing on essential measures providing Union added value. Measures to enhance coordination and cooperation between police and judicial authorities and other competent authorities should be privileged, given their relevance in the areas of preventing and combating crime, racism and xenophobia. Cooperation with the Union agencies and bodies, especially as regards the exchange of information, is also essential to prevent and combat security-related, such as terrorism and serious and organised crime.
The EU Security threat picture is stark and has an inherent cross-border dimension. The EU is increasingly threatened by powerful organised criminal groups, nurtured online and infiltrating the legal economy using their illicit assets. Furthermore, terrorism remain a threat to the EU also fuelled by regional crisis. At the same time, hybrid threat from hostile foreign actors has shown to be an increasingly worrying phenomenon that requires a continuous effort. Finally, trafficking of vulnerable persons is an area of concern. Traffickers may also engage in cross-border crimes such as smuggling or trafficking of drugs and firearms. This requires a strong, coordinated Union response, based on a holistic approach, pooling together with relevant actors, such as the European industrial sector and civil society, and encompassing several policy areas, including the EU’s external action. As set out in the ProtectEU Strategy, security considerations need to be integrated and mainstreamed across all EU legislation, policies and programmes, including EU external action. Cooperation and the funding of internal security-relevant actions in or in relation to third countries should be envisaged, while ensuring full coherence and complementarity with the activities supported under the Union’s external financing instruments established in accordance with Regulation (EU) […] [Global Europe].
The proposal aims to address the need for greater flexibility in the management of the Union support, including a stronger performance orientation, as well as enhanced simplification for all actors involved in its implementation. For this, strict complementarity is enforced with the proposal for Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security, introducing new mechanisms for the allocation and implementation of EU funding for shared, direct and indirect management. As challenges in the area of internal security are constantly evolving, there is also a need to respond to pressing needs and changes in policy and Union priorities, and to steer funding towards actions with a high level of Union added value, in particular through an EU Facility offering flexibility in the management of the Union support.
The present proposal, together with the proposal for a Regulation (EU) […] establishing the Union Support for asylum, migration and integration and the proposal for a Regulation (EU) […] establishing the Union support for the Schengen area, for European integrated border management and for the common policy on visas, provide the specific legal framework for the Union action in the areas of efficient management of migration, European integrated border management at the external borders, well-functioning Schengen area and European visa policy, and internal security. These three Regulations complement each other and the proposal for Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security, through which they will be implemented.
The proposed Regulation builds on the Regulation (EU) 2021/1149 1 while taking into account new policy developments and the need to provide an agile response to evolving challenges concerning internal security, both within the Union and in cooperation with other countries.
• Consistency with existing policy provisions
The Union support for internal security will work in strict complementarity with the other policies under the scope of the proposal for Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security, thus fostering synergies between these policies. However, an intensified EU policy on internal security needs action across the full spectrum of the tools at its disposal, including activities of relevant Union decentralised agencies.
The six Home Affairs decentralised Agencies (Frontex, Europol, EUAA, eu-LISA, EUDA and Cepol) play an important and increasing role in the implementation of the Home Affairs policies. It is essential to ensure coherence between policy strategies set out at EU level and the operational activities of the decentralised agencies, thereby also maximising the contribution to the EU policy objectives from the EU funding provided to the decentralised agencies. The operational role of the decentralised agencies may require further strengthening, accompanied by a corresponding increase of funding.
• Consistency with other Union policies
Internal security relies on the synergies and coherence with relevant EU policies such as migration and border management, justice, and the Union external policies supporting third countries, especially under Regulation (EU) [Global Europe], which cover a wide range of areas with important links to internal policies, including internal security. Union support for the external dimension of internal security should first and foremost be provided by Global Europe. To support the competitiveness agenda, investments based on innovative methods or new technologies, including measures aiming to test and validate the outcome of Union-funded research projects should also be considered.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Article 3(2) of the Treaty on European Union provides that ‘the Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime’.
Union action is justified on the grounds of the objectives referred to in Article 67 of the Treaty on the Functioning of the European Union (TFEU), which sets out the means to constitute an area of freedom, security and justice. Attention is also drawn to Article 80 of the TFEU, which underlines that the Union policies and their implementation are to be governed by the principle of solidarity and the fair sharing of responsibility, including its financial implications, between the Member States.
This Regulation is based on Articles 82(1), 84 and 87(2) TFEU, which constitute compatible legal bases in the light of the specific rules that apply to decision-making under Title V of Part Three of TFEU.
• Variable geometry
This Regulation is based on legal bases under Title V of Part Three TFEU, concerning the area of freedom, security and justice. As a consequence, the application of the Regulation to Denmark and Ireland is subject to special provisions laid down in Protocol No 21 and Protocol No 22 annexed to the TEU and the TFEU.
In accordance with Articles 1 and 2 of Protocol No 22, Denmark does not take part in the adoption by the Council of measures proposed pursuant to Title V of Part Three TFEU, and such measures are not binding upon or applicable in Denmark.
In accordance with Articles 1 and 2 of Protocol No 21, Ireland does not take part in the adoption by the Council of measures proposed pursuant to Title V of Part Three TFEU, and such measures are not binding on or applicable in Ireland. However, Ireland may choose to take part in the adoption and application of any such proposed measure. In addition, anytime after the adoption of such a measure, Ireland may accept the measure, subject to the completion of procedures referred to in Article 4 of Protocol No 21.
• Subsidiarity (for non-exclusive competence)
The objectives of the proposal cannot be achieved by Member States acting alone, as the challenges are of a cross-border nature, and not limited to single Member States or to a subset of Member States. Union support creates added value by promoting a common approach across Member States when implementing EU acquis and standards and fostering collaboration and timely exchange of information between Member States on transnational issues.
• Proportionality
The proposal does not go beyond what is necessary to achieve the objectives mentioned under section 1. It falls within the scope for action in the area of freedom, security and justice, as defined in Title V of the TFEU. The objectives and corresponding Union support are proportional to what the Union support aims to achieve.
• Choice of the instrument
The most appropriate instrument for operating the current proposal is a Regulation of the European Parliament and of the Council establishing the Union support for internal security for the period from 1 January 2028 to 31 December 2034 and complementing the proposal for Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.
3. RESULTS OF RETROSPECTIVE EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Retrospective evaluations/fitness checks of existing legislation
The preliminary outcomes of the ongoing ex-post evaluation of the Internal Security Fund-Police (ISF-P) for the 2014-2020 programming period confirm that the ISF-P contributed both to enhancing Member States’ capabilities to combat cross-border, serious and organised crime, including terrorism, and to enhance Member States’ capacity to manage security-related risks and crises. The ISF-P has proven to be efficient and demonstrated effective management and control mechanisms to safeguard the EU’s financial interests. The ISF-P introduced several changes aimed at simplifying the ISF-P management and reducing administrative burden. The evaluation preliminary concludes that despite some progress, further steps are needed to enhance efficiency and ensure administrative processes are proportionate to the funding provided.
The preliminary outcomes of the mid-term evaluation of the Internal Security Fund (ISF) for the 2021-2027 programming period confirm that the monitoring and evaluation framework for the ISF has seen significant improvements compared to the 2014-2020 period. Member States continue to report a high administrative burden. Simplified cost options have contributed to reducing administrative burden, yet their implementation is not systematically applied to optimise spending. The ISF’s architecture was considered fit for purpose, as it has enhanced internal coherence by fostering complementarity across components. The ISF was also considered coherent with the Asylum Migration and Integration Fund (AMIF) and the Border Management and Visa Instrument (BMVI) under the Home Affairs Funds, other EU Funds, particularly Horizon Europe, the European Social Fund Plus (ESF+) and the Justice Programme as well as with other programmes applicable to relevant European industrial sectors and civil society such as the Single Market Programme, Digital Europe Programme. The evaluation concludes that the ISF has addressed the needs it was meant to address and has been able to respond to new challenges and developments in the policy area. The ISF has fostered a unified framework for addressing cross-border internal security challenges, and encouraged knowledge exchange, and the promotion of best practices. Actions supported through the ISF Thematic Facility have generated high EU added value advance operational cooperation between law enforcement and judicial authorities, cooperation with third countries and international organisations, as well stakeholders from the private sector and civil society sector. As in the case of BMVI, evaluation concludes that there is room for going further in simplifying the delivery of funding, and explaining better to Managing Authorities how the performance framework can contribute to the efficient management of the programmes.
• Stakeholder consultations
The Commission actively engaged with the stakeholders in the process of the initiative, notably through dedicated events and public consultation activities, as detailed in the corresponding chapter of the explanatory memorandum of the proposal for Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.
• External expertise
Information about the Commission’s use of external expertise is provided in the corresponding chapter of the explanatory memorandum of the proposal for Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.
• Impact assessment
Information about the Commission’s Impact Assessment is provided in the corresponding chapter of the explanatory memorandum of the proposal for Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.
• Simplification
The initiative is expected to contribute to a significant reduction of administrative burden and costs, as well as improved efficiency in the implementation of Union support, see also the corresponding chapter of the explanatory memorandum of the proposal for Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.
• Fundamental rights
The Union support will be implemented in compliance with the Charter of Fundamental Rights of the European Union and the principle of the rule of law, as set out in Article 2(a) of Regulation (EU, Euratom) 2020/2092, see also the corresponding section in the Explanatory Memorandum accompanying the Commission proposal for the proposal for Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.
4. BUDGETARY IMPLICATIONS
The indicative financial envelope for the implementation of the objectives under the Union support is set at EUR 6 843 331 500 for the period from 2028 to 2034 in current prices. It shall be implemented in compliance with the horizontal rules for the National and Regional Partnership Plans laid down in Regulation (EU) […] establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The Union support under this proposal will be implemented though shared management by the Member States and direct and indirect management by the Commission. The implementation of the Union support will be monitored through the performance framework applicable for the 2028-2034 multiannual financial framework set out in the proposal for Regulation (EU) […] establishing a budget expenditure tracking and performance framework and other horizontal rules of the Union programmes and activities.
• Detailed explanation of the specific provisions of the proposal
The proposed Regulation defines in Article 1 the scope of the Union support for internal security for the period from 1 January 2028 to 31 December 2034. For this, essential definitions are given in Article 2, and four objectives are set out in Article 3, which will be achieved through Union support provided under the horizontal rules of the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security established by Regulation (EU) […]. These objectives refer to the areas of Union and Member States capabilities for preventing and combating of serious and organised crime; Member States’ resilience against hybrid threats and other hostile acts; exchange of information among relevant actors; operational law enforcement cooperation.
In Article 4 the proposal lays down provisions for the financing of the Union support.
Article 5 lays down transitional provisions. The date of the entry into force of the proposed Regulation is set in Article 6, which also stipulated that the Regulation will be binding in its entirety and directly applicable in all Member States in accordance with the Treaties from 1 January 2028.