Annexes to COM(2018)471 - Asylum and Migration Fund

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dossier COM(2018)471 - Asylum and Migration Fund.
document COM(2018)471 EN
date July  7, 2021
ANNEX I

CRITERIA FOR THE ALLOCATION OF FUNDING TO THE MEMBER STATES’ PROGRAMMES

1.   

The budgetary resources available under Article 13 shall be broken down between the Member States as follows:
(a)at the start of the programming period, each Member State shall receive a fixed amount of EUR 8 000 000 from the Fund, with the exception of Cyprus, Malta and Greece, which shall each receive a fixed amount of EUR 28 000 000;

(b)the remaining budgetary resources referred to in Article 13 shall be distributed based on the following criteria:

35 % for asylum;

30 % for legal migration and integration;

35 % for countering irregular migration including returns.

2.The following criteria in the area of asylum shall be taken into account and shall be weighted as follows:
(a)30 % in proportion to the number of persons who fall into one of the following categories:

any third-country national or stateless person having been granted the status defined by the Geneva Convention relating to the Status of Refugees of 28 July 1951 as amended by the New York Protocol of 31 January 1967;

any third-country national or stateless person enjoying a form of subsidiary protection within the meaning of Directive 2011/95/EU;

any third-country national or stateless person enjoying temporary protection within the meaning of Directive 2001/55/EC (1);

(b)60 % in proportion to the number of third-country nationals or stateless persons who have applied for international protection;

(c)10 % in proportion to the number of third-country nationals or stateless persons who are being or have been resettled in a Member State.

3.The following criteria in the area of legal migration and integration shall be taken into account and shall be weighted as follows:
(a)50 % in proportion to the total number of legally residing third-country nationals in a Member State;

(b)50 % in proportion to the number of third-country nationals who have obtained a first residence permit; however, the following categories of persons shall not be included:

third-country nationals issued with a work-related first residence permit valid for less than 12 months;

third-country nationals admitted for the purposes of studies, pupil exchange, unremunerated training or voluntary service in accordance with Council Directive 2004/114/EC (2) or, where applicable, Directive (EU) 2016/801 of the European Parliament and of the Council (3);

third-country nationals admitted for purposes of scientific research in accordance with Council Directive 2005/71/EC (4) or, where applicable, Directive (EU) 2016/801.

4.The following criteria in the area of countering irregular migration including returns shall be taken into account and shall be weighted as follows:
(a)70 % in proportion to the number of third-country nationals who do not or no longer fulfil the conditions for entry and stay in the territory of the Member State and who are subject to a return decision under national law, i.e. an administrative or judicial decision or act, stating or declaring the illegality of stay and imposing an obligation to return;

(b)30 % in proportion to the number of third-country nationals who have actually left the territory of the Member State following an administrative or judicial order to leave, whether undertaken voluntarily or under coercion.

5.For initial allocation the reference figures shall be based upon the annual statistical data produced by the Commission (Eurostat) covering the years 2017, 2018 and 2019 on the basis of data provided by Member States prior to the date of application of this Regulation in accordance with Union law. For the mid-term review, the reference figures shall be based upon the annual statistical data produced by the Commission (Eurostat) covering the years 2021, 2022 and 2023 on the basis of data provided by Member States in accordance with Union law. Where Member States have not supplied the Commission (Eurostat) with the statistical data concerned, they shall provide provisional data as soon as possible.

6.Before accepting the data referred to in paragraph 5 as reference figures, the Commission (Eurostat) shall evaluate the quality, comparability and completeness of the statistical information in accordance with normal operational procedures. At the request of the Commission (Eurostat), Member States shall provide it with all the necessary information to do so.



(1) Data to be taken into account only in case of the activation of Directive 2001/55/EC.

(2) Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (OJ L 375, 23.12.2004, p. 12).

(3) Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21).

(4) Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (OJ L 289, 3.11.2005, p. 15).



ANNEX II

IMPLEMENTATION MEASURES

1.   

The Fund shall contribute to the specific objective set out in point (a) of Article 3(2) by focusing on the following implementation measures:
(a)ensuring the uniform application of the Union acquis and of the priorities related to the Common European Asylum System;

(b)supporting the capacity of Member States’ asylum systems as regards infrastructures and services where necessary, including at local and regional level;

(c)enhancing cooperation and partnership with third countries for the purpose of managing migration, including by enhancing their capacities to improve the protection of persons in need of international protection in the context of global cooperation efforts;

(d)providing technical and operational assistance to one or several Member States, including in cooperation with EASO.

2.   

The Fund shall contribute to the specific objective set out in point (b) of Article 3(2) by focusing on the following implementation measures:
(a)supporting the development and implementation of policies promoting legal migration and the implementation of the Union legal migration acquis, including family reunification and the enforcement of labour standards;

(b)supporting measures to facilitate regular entry into and residence in the Union;

(c)enhancing cooperation and partnership with third countries for the purpose of managing migration, including through legal avenues of entry to the Union, in the context of global cooperation efforts in the area of migration;

(d)promoting integration measures for the social and economic inclusion of third-country nationals and protection measures for vulnerable persons in the context of integration measures, facilitating family reunification and preparing for the active participation of third-country nationals in, and their acceptance by, the receiving society, with the involvement of national and, in particular, regional or local authorities and civil society organisations, including refugee organisations and migrant-led organisations, and social partners.

3.   

The Fund shall contribute to the specific objective set out in point (c) of Article 3(2) by focusing on the following implementation measures:
(a)ensuring the uniform application of the Union acquis and policy priorities regarding infrastructure, procedures and services;

(b)supporting an integrated and coordinated approach to return management at the Union and Member State level, to the development of capacities for effective, dignified and sustainable return, and to reducing incentives for irregular migration;

(c)supporting assisted voluntary return, family tracing and reintegration, while respecting the best interests of the child;

(d)strengthening cooperation with third countries and their capacity, with respect to readmission and sustainable return.

4.   

The Fund shall contribute to the specific objective set out in point (d) of Article 3(2) by focusing on the following implementation measures:
(a)enhancing solidarity and cooperation with third countries affected by migratory flows, including through resettlement in the Union and through other legal avenues to protection in the Union;

(b)supporting transfers from one Member State to another of applicants for international protection or beneficiaries of international protection.



ANNEX III

SCOPE OF SUPPORT

1.   

Within the policy objective set out in Article 3(1), the Fund shall in particular support:
(a)the establishment and development of national, regional and local strategies in relation to asylum, legal migration, integration, return and irregular migration in accordance with the relevant Union acquis;

(b)the setting up of administrative structures, tools and systems, including ICT systems, and the training of staff, including the staff of local authorities and of other relevant stakeholders, in cooperation with relevant decentralised agencies, where appropriate;

(c)the establishment of contact points at the national, regional and local levels to provide impartial guidance, practical information and assistance regarding all aspects of the Fund to potential beneficiaries and eligible entities;

(d)the development, monitoring and evaluation of policies and procedures, including the collection, exchange and analysis of information and data; the dissemination of qualitative and quantitative data and statistics on migration and international protection; and the development and application of common statistical tools, methods and indicators for measuring progress and assessing policy developments;

(e)the exchange of information, best practices and strategies; mutual learning, studies and research; the development and implementation of joint actions and operations; and the setting-up of transnational cooperation networks;

(f)assistance and support services provided in a gender-sensitive manner that are consistent with the status and the needs of the person concerned, in particular vulnerable persons;

(g)actions aimed at the effective protection of children in migration, including the implementation of assessments of the best interests of the child, the strengthening of guardianship systems, as well as the development, monitoring and evaluation of child safeguarding policies and procedures;

(h)actions aimed at enhancing awareness among stakeholders and the general public of policies relating to asylum, integration, legal migration and return, with specific attention to vulnerable persons, including minors.

2.   

Within the specific objective set out in point (a) of Article 3(2), the Fund shall in particular support:
(a)the provision of material aid, including assistance at the border;

(b)the conducting of asylum procedures in accordance with the asylum acquis, including the provision of support services such as translation and interpretation, legal assistance, family tracing and other services which are consistent with the status of the person concerned;

(c)the identification of applicants with special procedural or reception needs, including the early identification of victims of trafficking, with a view to their referral to specialised services such as psycho-social and rehabilitation services;

(d)the provision of specialised services such as qualified psycho-social and rehabilitation services to applicants with special procedural or reception needs;

(e)the establishment or improvement of reception accommodation infrastructure, such as small scale infrastructure addressing the needs of families with minors, including those provided by local and regional authorities and including the possible joint use of such facilities by more than one Member State;

(f)the enhancement of the capacity of Member States to collect, analyse and share among their competent authorities country of origin information;

(g)actions related to Union resettlement programmes or national resettlement and humanitarian admission schemes, including the conducting of procedures for their implementation;

(h)the enhancement of the capacities of third countries to improve the protection of persons in need of protection, including through supporting the development of protection systems for children in migration;

(i)the establishment, development and improvement of effective alternatives to detention, in particular in relation to unaccompanied minors and families, and including, where appropriate, non-institutionalised care integrated into national child protection systems.

3.   

Within the specific objective set out in point (b) of Article 3(2), the Fund shall in particular support:
(a)information packages and campaigns to raise awareness of legal migration channels to the Union, including on the Union legal migration acquis;

(b)the development of mobility schemes to the Union, such as circular or temporary migration schemes, including training to enhance employability;

(c)cooperation between third countries and the recruitment agencies, the employment services and the immigration services of Member States;

(d)the assessment and recognition of skills and qualifications, including professional experience, acquired in a third country, as well as their transparency, and their equivalence with those of a Member State;

(e)assistance in the context of applications for family reunification to ensure a harmonised implementation of Council Directive 2003/86/EC (1);

(f)assistance, including legal assistance and representation, in relation to a change of status for third-country nationals already legally residing in a Member State, in particular in relation to the acquisition of a legal residence status as defined at Union level;

(g)assistance to third-country nationals seeking to exercise their rights, in particular related to mobility, under Union legal migration instruments;

(h)integration measures, such as tailored support in accordance with the needs of third-country nationals, and integration programmes focusing on counselling, education, language and other training, such as civic orientation courses and professional guidance;

(i)actions promoting equality in access to public and private services by third-country nationals and the provision of such services to third-country nationals, including access to education, healthcare and psycho-social support and adapting such services to the needs of the target group;

(j)cooperation between governmental and non-governmental bodies in an integrated manner, including through coordinated integration-support centres, such as one-stop shops;

(k)actions enabling and supporting the introduction of third-country nationals to, and their active participation in, the receiving society and actions promoting acceptance by the receiving society;

(l)promoting exchanges and dialogue between third-country nationals, the receiving society and public authorities, including through consultation with third-country nationals, and intercultural and inter-religious dialogue;

(m)building the capacity of integration services provided by local authorities and other relevant stakeholders.

4.   

Within the specific objective set out in point (c) of Article 3(2), the Fund shall in particular support:
(a)the establishment or improvement of open reception or detention infrastructure, including the possible joint use of such facilities by more than one Member State;

(b)the introduction, development, implementation and improvement of effective alternative measures to detention, including community-based case management, in particular in relation to unaccompanied minors and families;

(c)the introduction and reinforcement of independent and effective forced-return monitoring systems, as laid down in Article 8(6) of Directive 2008/115/EC;

(d)the countering of incentives for irregular migration, including the employment of irregular migrants, through effective and adequate inspections based on risk assessment, the training of staff, the setting-up and implementation of mechanisms through which irregular migrants can claim back payments and lodge complaints against their employers, and information and awareness-raising campaigns to inform employers and irregular migrants about their rights and obligations pursuant to Directive 2009/52/EC;

(e)the preparation of returns, including measures leading to the issuing of return decisions, the identification of third-country nationals, the issuing of travel documents and family tracing;

(f)cooperation with the consular authorities and immigration services or other relevant authorities and services of third countries with a view to obtaining travel documents, facilitating returns and ensuring readmission, including through the deployment of third-country liaison officers;

(g)return assistance, in particular assisted voluntary return and information about assisted voluntary return programmes, including by providing specific guidance for children in return procedures;

(h)removal operations, including related measures, in accordance with the standards laid down in Union law, with the exception of support for coercive equipment;

(i)measures to support the returnee’s sustainable return and reintegration, including cash-incentives, training, placement and employment assistance and start-up support for economic activities;

(j)facilities and support services in third countries to ensure appropriate temporary accommodation and reception upon arrival and, where appropriate, a fast transition to community-based accommodation;

(k)cooperation with third countries regarding countering irregular migration and regarding effective return and readmission;

(l)measures aimed at raising awareness of the appropriate legal channels for migration and the risks of irregular immigration;

(m)assistance and actions in third countries which help to improve effective cooperation between third countries and the Union and its Member States regarding return and readmission and to support reintegration into the society of origin.

5.   

Within the specific objective set out in point (d) of Article 3(2), the Fund shall in particular support:
(a)the implementation of voluntary transfers from one Member State to another of either applicants for international protection or beneficiaries of international protection;

(b)operational support in terms of seconded staff or financial assistance provided by a Member State to another Member State affected by migration challenges, including support provided to EASO;

(c)the voluntary implementation of national resettlement or humanitarian admission schemes;

(d)support by a Member State to another Member State affected by migration challenges in terms of establishment or improvement of reception infrastructure.



(1) Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 12).



ANNEX IV

ACTIONS ELIGIBLE FOR HIGHER CO-FINANCING RATES IN ACCORDANCE WITH ARTICLES 15(3) AND 16(9)

Integration measures implemented by local and regional authorities and civil society organisations, including refugee organisations and migrant-led organisations;

Actions to develop and implement effective alternatives to detention;

Assisted voluntary return and reintegration programmes and related activities;

Measures targeting vulnerable persons and applicants for international protection with special reception or procedural needs, including measures to ensure effective protection of minors, in particular unaccompanied minors, including through alternative, non-institutionalised care systems.



ANNEX V

CORE PERFORMANCE INDICATORS AS REFERRED TO IN ARTICLE 33(1)

All indicators related to persons shall be reported by age brackets (< 18, 18-60, > 60) and by gender.

Specific objective set out in point (a) of Article 3(2)

1.Number of participants who consider the training useful for their work.

2.Number of participants who report three months after the training activity that they are using the skills and competences acquired during the training.

3.Number of persons placed in alternatives to detention, separately specifying:
3.1.the number of unaccompanied minors placed in alternatives to detention;

3.2.the number of families placed in alternatives to detention.

Specific objective set out in point (b) of article 3(2)

1.Number of participants in language courses who, upon leaving the language course, have improved their proficiency level in the host-country language by at least one level in the Common European Framework of Reference for Languages or national equivalent.

2.Number of participants who report that the activity was helpful for their integration.

3.Number of participants who applied for the recognition or assessment of qualifications or skills acquired in a third country.

4.Number of participants who applied for a long-term residence status.

Specific objective set out in point (c) of Article 3(2)

1.Number of returnees voluntarily returned.

2.Number of returnees who were removed.

3.Number of returnees subject to alternatives to detention.

Specific objective set out in point (d) of Article 3(2)

1.Number of applicants for and beneficiaries of international protection transferred from one Member State to another.

2.Number of persons resettled.

3.Number of persons admitted through humanitarian admission.



ANNEX VI

TYPES OF INTERVENTION

TABLE 1: CODES FOR THE INTERVENTION FIELD DIMENSION

I.Common European Asylum System
001Reception conditions
002Asylum procedures
003Implementation of the Union acquis
004Children in migration
005Persons with special reception and procedural needs
006Union resettlement programmes or national resettlement and humanitarian admission schemes (Annex III, point 2(g))
007Operating support
II.Legal migration and integration
001Development of integration strategies
002Victims of trafficking in human beings
003Integration measures – information and orientation, one-stop shops
004Integration measures – language training
005Integration measures – civics and other training
006Integration measures – introduction, participation, exchanges host society
007Integration measures – basic needs
008Pre-departure measures
009Mobility schemes
010Acquisition of legal residence
011Vulnerable persons, including unaccompanied minors
012Operating support
III.Return
001Alternatives to detention
002Reception/detention conditions
003Return procedures
004Assisted voluntary return
005Reintegration assistance
006Removal/Return operations
007Forced-return monitoring system
008Vulnerable persons, including unaccompanied minors
009Measures addressing incentives for irregular migration
010Operating support
IV.Solidarity and fair sharing of responsibility
001Transfers to another Member State (‘relocation’)
002Support by a Member State to another Member State, including support provided to EASO
003Resettlement (Article 19)
004Humanitarian admission (Article 19)
005Support, in terms of reception infrastructure, to another Member State
006Operating support
V.Technical assistance
001Information and communication
002Preparation, implementation, monitoring and control
003Evaluation and studies, data collection
004Capacity building


TABLE 2: CODES FOR THE TYPE OF ACTION DIMENSION

001Development of national strategies
002Capacity building
003Education and training for third-country nationals
004Development of statistical tools, methods and indicators
005Exchange of information and best practices
006Joint actions/operations between Member States
007Campaigns and information
008Exchange and secondment of experts
009Studies, pilot projects, risk assessments
010Preparatory, monitoring, administrative and technical activities
011Provision of assistance and support services to third-country nationals
012Infrastructure
013Equipment


TABLE 3: CODES FOR THE IMPLEMENTATION DIMENSION

001Actions covered by Article 15(1)
002Specific actions
003Actions listed in Annex IV
004Operating support
005Emergency assistance


TABLE 4: CODES FOR THE PARTICULAR THEMES DIMENSION

001Cooperation with third countries
002Actions in or in relation to third countries
003None of the above



ANNEX VII

EXPENDITURE ELIGIBLE FOR OPERATING SUPPORT

Within all specific objectives set out in Article 3(2), operating support shall cover:

staff costs;

service costs, such as maintenance or replacement of equipment, including ICT systems;

service costs, such as maintenance and repair of infrastructure.



ANNEX VIII

OUTPUT AND RESULT INDICATORS AS REFERRED TO IN ARTICLE 33(3)

All indicators relating to persons shall be reported by age brackets (< 18, 18-60, > 60) and by gender.

Specific objective set out in point (a) of Article 3(2)

Output indicators

1.Number of participants supported, separately specifying:
1.1.the number of participants who received legal assistance;

1.2.the number of participants benefiting from types of support other than legal assistance, including information and assistance throughout the asylum procedure (1);

1.3.the number of vulnerable participants assisted.

2.Number of participants in training activities.

3.Number of newly created places in reception infrastructure in accordance with Union acquis, separately specifying:
3.1.the number of newly created places for unaccompanied minors.

4.Number of renovated or refurbished places in reception infrastructure in accordance with Union acquis, separately specifying:
4.1.the number of renovated or refurbished places for unaccompanied minors.

Result indicators

5.Number of participants who consider the training useful for their work.

6.Number of participants who report three months after the training activity that they are using the skills and competences acquired during the training.

7.Number of persons placed in alternatives to detention, separately specifying:
7.1.the number of unaccompanied minors placed in alternatives to detention;

7.2.the number of families placed in alternatives to detention.

Specific objective set out in point (b) of Article 3(2)

Output indicators

1.Number of participants in pre-departure measures.

2.Number of local and regional authorities supported to implement integration measures.

3.Number of participants supported, separately specifying:
3.1.the number of participants in a language course;

3.2.the number of participants in a civic orientation course;

3.3.the number of participants who received personalised professional guidance.

4.Number of information packages and campaigns to raise awareness of legal migration channels to the Union.

5.Number of participants receiving information or assistance in applying for family reunification.

6.Number of participants benefitting from mobility schemes.

7.Number of integration projects where local and regional authorities are the beneficiary.

Result indicators

8.Number of participants in language courses who, upon leaving the language course, have improved their proficiency level in the host-country language by at least one level in the Common European Framework of Reference for Languages or national equivalent.

9.Number of participants who report that the activity was helpful for their integration.

10.Number of participants who applied for their qualification or skills acquired in a third country to be recognised or assessed.

11.Number of participants who applied for a long-term residence status.

Specific objective set out in point (c) of Article 3(2)

Output indicators

1.Number of participants in training activities.

2.Number of items of equipment purchased, including number of ICT systems purchased or updated.

3.Number of returnees who received reintegration assistance.

4.Number of places in detention centres created.

5.Number of places in detention centres refurbished or renovated.

Result indicators

6.Number of returnees voluntarily returned.

7.Number of returnees who were removed.

8.Number of returnees subject to alternatives to detention.

Specific objective set out in point (d) of Article 3(2)

Output indicators

1.Number of staff trained.

2.Number of participants who received pre-departure support.

Result indicators

3.Number of applicants for and beneficiaries of international protection transferred from one Member State to another.

4.Number of persons resettled.

5.Number of persons admitted through humanitarian admission.



(1) This indicator is generated automatically for reporting purposes by the system by subtracting the number of participants who received legal assistance from the number of participants supported. The data for this indicator is generated by SFC2021 for reporting purposes. Member States do not need to report data for this indicator, nor do they need to set milestones or targets.