Proposal for a Regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund Partial general approach

Contents

  1. Kerngegevens
  2. Text
  3. More information
  4. EU Monitor

1.

Kerngegevens

Document date 29-05-2019
Publication date 30-05-2019
Reference 9715/19
From Presidency
External link original article
Original document in PDF

2.

Text

Council of the European Union Brussels, 29 May 2019 (OR. en)

9715/19 Interinstitutional File:

2018/0248(COD) i

JAI 587 FRONT 198 ASIM 69 CODEC 1151 CADREFIN 254 MIGR 86

NOTE

From: Presidency

To: Council

No. Cion doc.: 10153/18 + ADD 1

Subject: Proposal for a Regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund

‒ Partial general approach

  • I. 
    INTRODUCTION
  • 1. 
    On 13 June 2018, the Commission put forward a proposal for a Regulation of the European Parliament and of the Council establishing the Asylum and Migration Fund 1 (hereafter

    "AMF" or "the Fund") under Heading 4 (Migration and Border Management) of the Multiannual Financial Framework (MFF) 2021-2027.

1 10153/18 + ADD 1

  • 2. 
    The proposed financial envelope allocated to the AMF amounts to EUR 10,4 billion in current prices. The objective of the Fund is to contribute to an efficient management of migration

    flows in line with the relevant Union acquis. More concretely, the Fund will contribute to: (i) strengthen and develop all aspects of the Common European Asylum System, including its external dimension; (ii) support legal migration to the Member States and to contribute to the integration of third-country nationals; and (iii) contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries.

II. WORK IN OTHER INSTITUTIONS

  • 3. 
    In the European Parliament, the file was assigned to the Civil Liberties, Justice and Home

    Affairs (LIBE) Committee with Miriam DALLI (S&D, MT) as rapporteur. Following the preparatory work by the Committee, the European Parliament adopted its first-reading position 2 at the plenary session of 13 March 2019.

  • 4. 
    The European Economic and Social Committee adopted an opinion at the plenary session on 17 October 2018. 3
  • 5. 
    The Committee of the Regions adopted an opinion at the plenary session on 9 October 2018. 4

III. WORK IN THE COUNCIL PREPARATORY BODIES

  • 6. 
    On 14 June 2018, the Permanent Representatives' Committee established an Ad Hoc Working Party on JHA Financial Instruments 5 (the Working Party) to deal with the MFF legislative

    proposals in the area of Justice and Home Affairs, including the AMF.

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3 13606/18

4 13554/1/18 REV 1

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  • 7. 
    On 6 July 2018, under the Austrian Presidency, the proposal was presented by the

    Commission at the Working Party meeting. This presentation included an impact assessment and explained the links with the Common Provisions Regulation (CPR).

  • 8. 
    On 11 October 2018, a policy debate was held in the Justice and Home Affairs Council meeting, which focused on the enhancement of the external dimension of security and migration in the three MFF Home Affairs proposals (AMF, BMVI and ISF) and improvement of the governance and decision-making procedures when funding actions in third countries.
  • 9. 
    On 17 December 2018, and following the examination of the provisions included in the draft Regulation at several Working Party meetings, a first compromise proposal was put forward by the Austrian Presidency.
  • 10. 
    Work continued under the Romanian Presidency with several Working Party meetings held between January and May 2019. The Romanian Presidency completed the examination of the proposal, including recitals, the criteria for allocation of funding to programmes and other

    outstanding issues that required further discussion. On 22 May 2019, the Permanent Representatives Committee discussed a few outstanding issues. 6

  • 11. 
    Further to the discussions in Council preparatory bodies, the Presidency included a number of amendments, in particular on the following matters:

    – the word ‘integration’ was reinserted in the title of the Fund and the possible complementarities with other funds operating in the area of integration, and notably the European Social Fund (ESF+), were clarified;

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– the scope of support was broadened to include the development of IT systems and their interoperability, compliance with the asylum acquis, the setting up of one-stop shops for integration, and the creation of incentives, training or employment assistance for

returnees;

– the consultation of the European Border and Coast Guard Agency during the programming phase was defined more clearly with a view to avoiding delays in the approval and implementation of the programmes;

– the advisory procedure was replaced by the examination procedure for all types of comitology decisions;

– new provisions were introduced to ensure that Member States receive regular updates from the Commission on the financial means available for emergency assistance;

– the co-financing rates for projects in third countries designed to relieve high migration pressure on Member States were increased;

– the lists of indicators were reshuffled and streamlined.

  • 12. 
    Regarding the links with the Common European Asylum System (CEAS) reform package, the Presidency compromise text leaves out of the scope all references to the new ‘European

    Union Agency for Asylum’ and the articles dealing with the Resettlement and Humanitarian Admission Framework and the Dublin Regulation (Articles 16 and 17). These provisions are presented between square brackets in the Annex to this note.

  • 13. 
    The reference amounts (Articles 8 and 11), which are pending the conclusion of negotiations regarding the MFF 2021-2027, are between square brackets. Additionally, other provisions of a horizontal nature appear between square brackets and are excluded from the proposed

    partial general approach, pending further progress on the MFF. They concern provisions regarding the third countries associated to the Fund and the protection of the financial interests of the Union (recitals 50, 50a and articles 5, 5a), the rules adopted in the event of general deficiencies with respect to the rule of law (recital 51), the overall target of the EU budget expenditure supporting climate objectives (recital 55), horizontal provisions on the establishment of the instrument for the period 2021-2027 (Article 1), the articulation of a component dealing with the external dimension of security and migration (Article 8), provisions on the mid-term review (recital 35, articles 11 and 14) and the criteria for the allocation of funding to the programmes under shared management (Annex I). Some other parts of the proposal in square brackets refer to legal acts that are still the subject of negotiations (such as the CPR, InvestEU), and they may need to be updated at a later stage.

  • 14. 
    The proposed Regulation is part of the package of proposals linked to the MFF 2021-2027 and therefore dependent on the outcome of the horizontal negotiations on the MFF. The

    Council will decide on the question of principle as to whether to maintain the AMF as part of the MFF negotiations. The proposed partial general approach is therefore without prejudice to decisions that are taken at a horizontal level in the framework of the MFF negotiations, and to the Council position on the establishment of the Fund.

  • 15. 
    On 29 May 2019, the Permanent Representatives Committee examined the last Presidency compromise text 7 . From the discussion it emerged that the Presidency's compromise text is a solid basis for reaching a partial general approach.

IV. CONCLUSION

  • 16. 
    In the light of the above, the Council is invited to reach the partial general approach on the text set out in the Annex to this note at its meeting of 7 June 2019. The partial general

    approach will constitute the mandate for future negotiations with the European Parliament in

    the context of the ordinary legislative procedure.

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ANNEX

2018/0248 (COD) i

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

establishing the Asylum, and Migration and Integration Fund

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Article 78(2) and Article 79(2) and (4) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee 1 ,

Having regard to the opinion of the Committee of the Regions 2 ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

1 OJ C , , p. .

2 OJ C , , p. .

  • (1) 
    In the context of the evolving migratory challenges characterised by the need to support strong reception, asylum, integration and migration systems of Member States, prevent and adequately handle situations of pressure and replace irregular and unsafe arrivals with legal and safe pathways, investing in efficient and coordinated migration management in the Union is key to realising the Union’s objective of constituting an area of freedom, security and justice pursuant to Article 67(2) of the Treaty on the Functioning of the European Union.
  • (2) 
    The importance of a coordinated approach by the Union and the Member States is reflected in the European Agenda on Migration of May 2015, which stressed the need for a consistent and clear common policy to restore confidence in the Union’s ability to bring together European

    and national efforts to address migration and work together in an effective way, in accordance

    with the principles of solidarity and fair sharing of responsibility, and was confirmed in its

    mid-term review of September 2017 and the progress report of March and May 2018.

  • (3) 
    In its conclusions of 19 October 2017, the European Council reaffirmed the need to pursue a comprehensive, pragmatic and resolute approach to migration management that aims to

    restore control of external borders and reduce irregular arrivals and the number of deaths at sea, and should be based on a flexible and coordinated use of all available Union and Member State instruments. The European Council further called to ensure significantly enhanced returns through actions at both EU and Member States level, such as effective readmission agreements and arrangements. In its conclusions of 28 June 2018, the European Council reconfirmed that a precondition for a functioning EU policy relies on a comprehensive approach to migration which combines more effective control of the EU's external borders, increased external action and the internal aspects, in line with EU's principles and values. The European Council underlined the need for flexible instruments, allowing for fast disbursement, to combat illegal migration.

  • (4) 
    In order to support efforts to ensure a comprehensive approach to management of migration grounded on mutual trust, solidarity and responsibility sharing among Member States and

    Union institutions, with the objective of ensuring a common sustainable Union policy on asylum and immigration, Member States should be supported by adequate financial resources in the form of the Asylum, and Migration and Integration Fund (hereinafter referred to as ‘the Fund’).

  • (5) 
    The Fund should be implemented in full compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union and with the Union’s

    international obligations as regards fundamental rights.

  • (6) 
    The Fund should build on the results and investments achieved with the support of its predecessors: the European Refugee Fund established by the Decision 573/2007/ECof the European Parliament and the Council, the European Fund for the Integration of third-country nationals established by the Council Decision 2007/435/EC i, the European Return Fund established by the Decision 575/2007/EC ofthe European Parliament and the Council for the period 2007-2013 and the Asylum, Migration and Integration Fund for the period 2014-2020, as established by Regulation (EU) 516/2014 i of the European Parliament and of the Council. It should at the same time take into account all relevant new developments.
  • (7) 
    The Fund should support the efficient management of migration flows, inter alia by promoting common measures in the area of asylum, including Member States’ efforts in receiving persons in need of international protection through resettlement, [humanitarian admission] and the transfer of applicants for or beneficiaries of international protection between Member States, supporting integration strategies and a more effective legal migration policy, so as to ensure the Union’s long-term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy. The Fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection, avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries.
  • (8) 
    The migration crisis highlighted the need to reform the Common European Asylum System to ensure that efficient asylum procedures to prevent secondary movements, to provide uniform and appropriate reception conditions for applicants for international protection, uniform

    standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection. At the same time, the reform was needed to put in place a fairer and more effective system of determining Member States’ responsibility for applicants for international protection as well as a Union framework for Member States’ resettlement efforts. Therefore, it is appropriate for the Fund to provide increased support to Member States’ efforts to fully and properly implement the reformed Common European Asylum System.

[(9) The Fund should also complement and reinforce the activities undertaken by the [European

Union Agency for Asylum (EUAA)] established by Regulation (EU)../.. [EUAA Regulation] 3

with a view to facilitating and improving the functioning of the common European asylum system, by coordinating and strengthening practical cooperation and information exchange between Member States, promoting Union law and operational standards on asylum in order to ensure a high degree of uniformity based on high protection standards as regards procedures for international protection, reception conditions and the assessment of protection needs across the Union, enabling a sustainable and fair distribution of applications for international protection, facilitate convergence in the assessment of applications for international protection across the Union, support the resettlement [and humanitarian admission] efforts of the Member States and provide operational and technical assistance to Member States for the management of their asylum and reception systems, in particular those whose systems are subject to disproportionate pressure.]

  • (10) 
    The Fund should support the efforts by the Union and the Member States relating to the enhancement of the Member States’ capacity to develop, monitor and evaluate their asylum policies in the light of their obligations under existing Union law.

3 Regulation (EU) No ../.. of the European Parliament and of the Council of [EUAA

Regulation] (OJ L …, [date], p. ..).

  • (11) 
    Partnerships and cooperation with third countries are an essential component of Union asylum policy to ensure the adequate management of flows of persons applying for asylum or other

    forms of international protection. With the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the Member States of third-country nationals or stateless persons in need of international protection, expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries, helping achieve the Union’s migration policy objectives by increasing the Union’s leverage vis-à-vis third countries, and of effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries, the Fund should provide financial incentives to the implementation of the Union Resettlement [and Humanitarian Admission] Framework.

  • (12) 
    Considering the high levels of migration flows to the Union in the last years and the importance of ensuring the cohesion of our societies, it is crucial to support Member States’ policies for early integration of legally staying third-country nationals, including in the priority areas identified in the Action Plan on Integration of third-country nationals adopted by the Commission in 2016.

(12a) Integration measures financed under this Fund should support measures tailor-made to the needs of third-country nationals such as, but not limited to, actions promoting selfempowerment

of third-country nationals through language training and civic orientation courses, providing advice and assistance to third-country nationals in areas such as housing, means of subsistence, administrative and legal guidance, psychological care and health including through one-stop shops for integration. The Fund should also support horizontal measures aiming at building Member States’ capacity to develop integration strategies, strengthen exchange and cooperation and promote contact, constructive dialogue and acceptance between the third-country nationals and the receiving society.

  • (13) 
    In order to increase efficiency, achieve the greatest Union added value and to ensure the consistency of the Union’s response to foster the integration of third-country nationals, actions financed under the Fund should be specific and complementary to actions financed under the European Social Fund Plus (ESF+), and the European Regional Development Fund (ERDF) and the European Agricultural Fund for Rural Development (EAFRD). ESF+ can provide support to measures promoting the socio-economic integration, education and social inclusion of third country nationals, such as work-based language training,

    vocational education and training, employment and self-employment incentives, and provision of social services. In addition, ERDF can promote integration by supporting investments through integrated measures including housing and social services. Furthermore, the EAFRD can contribute to the socio-economic integration of third country nationals for which there is a potential for employment opportunities in rural areas.Member States should be able to support the integration of third-country nationals according to their specific situation and needs, by using the most relevant EU Fund, in line with the targeted area of intervention and the objectives to be achieved and in complementarity with other EU Funds. Measures financed under this Fund should support measures tailor-made to the needs of third-country nationals that are generally implemented in the early stage of integration, and horizontal actions supporting Member States’ capacities in the field of integration, whereas interventions for third-country nationals with a longer-term impact should be financed under the ERDF and ESF+.

  • (14) 
    In this context, the authorities of the Member States responsible for the implementation of the Fund should be required to cooperate and establish coordinateion mechanisms with the

    authorities identified by Member States for the purpose of the management of the interventions of the ESF+, the EAFRD and of the ERDF and wherever necessary with their managing authorities and with the managing authorities of other Union funds contributing to the integration of third-country nationals.

  • (15) 
    The implementation of the Fund in this area should be consistent with the Union’s common basic principles on integration, as specified in the common programme for integration.
  • (16) 
    It is appropriate to allow those Member States that so wish to provide in their programmes that integration actions may include immediate relatives of third-country nationals, to the extent that this is necessary for the effective implementation of such actions. The term

    ‘immediate relative’ should be understood as meaning spouses, partners and any person having direct family links in descending or ascending line with the third-country national targeted by the integration action, and who would otherwise not be covered by the scope of the Fund.

  • (17) 
    Considering the crucial role played by Member States' local and regional authorities and civil society organisations in the field of integration and to facilitate the access of these entities to

    funding at Union level, the Fund should facilitate the implementation of actions in the field of integration by national, regional and local and regional authorities or civil society organisations, including through the use of the thematic facility and through a higher cofinancing rate for these actions .

  • (18) 
    Considering the long-term economic and demographic challenges faced by the Union, it is crucial to establish well-functioning legal migration channels to the Union to maintain the Union as an attractive destination for migrants and ensure the sustainability of welfare

    systems and growth of the Union economy.

  • (19) 
    The Fund should support Member States in setting up strategies organising legal migration, enhancing their capacity to develop, implement, monitor and evaluate in general all

    immigration and integration strategies, policies and measures for legally staying third-country

    nationals, including Union legal instruments. The Fund should also support the exchange of

    information, best practices and cooperation between different departments of administration

    and levels of governance, and between Member States.

  • (20) 
    An efficient return policy is an integral part of the comprehensive migration approach the

    Union and its Member States pursue. The Fund should support and encourage efforts by the Member States with a view to the effective implementation and further development of common standards on return, in particular as set out in Directive 2008/115/EC i of the European Parliament and of the Council 4 , and of an integrated and coordinated approach to return management. For sustainable return policies, the Fund should equally support related measures in third countries, such as the reintegration of returnees.

  • (21) 
    Member States should give preference to voluntary return. In order to promote voluntary return, Member States should envisage incentives such as preferential treatment in the form of enhanced return assistance should be envisaged for the voluntary return of persons. This kind of voluntary return is in the interests of both returnees and the authorities in terms of its costeffectiveness.
  • (22) 
    Voluntary and enforced returns are nevertheless interlinked, with mutually reinforcing effect, and Member States should therefore be encouraged to reinforce the complementarities

    between these two forms of return. The possibility of removals is an important element contributing to the integrity of the asylum and legal migration systems. The Fund should therefore support actions of Member States to facilitate and carry out removals in accordance with the standards laid down in Union law, where applicable, and with full respect for the fundamental rights and dignity of returnees.

  • (23) 
    Specific support measures for returnees in the Member States and in the countries of return can improve conditions of return and enhance their sustainable reintegration.

4 Directive 2008/115/EC i of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying thirdcountry nationals (OJ L 348, 24.12.2008, p. 98).

  • (24) 
    Readmission agreements and other arrangements are an integral component of the Union return policy and a central tool for the efficient management of migration flows, as they facilitate the swift return of irregular migrants. Those agreements and arrangements are an important element in the framework of the dialogue and cooperation with third countries of origin and transit of irregular migrants and their implementation in third countries should be supported in the interests of effective return policies at national and Union level.
  • (25) 
    In addition to supporting the return of persons as provided for in this Regulation, the Fund should also support other measures to counter irregular migration, address incentives for

    illegal migration or the circumventing of existing legal migration rules, thereby safeguarding the integrity of Member States’ immigration systems.

  • (26) 
    The employment of irregular migrants creates a pull factor for illegal migration and undermines the development of a labour mobility policy built on legal migration schemes. The Fund should therefore support Member States, either directly or indirectly, in their

implementation of Directive 2009/52/EC i of the European Parliament and of the Council 5

which prohibits the employment of illegally staying third-country nationals and provides for sanctions against employers who infringe that prohibition.

  • (27) 
    The Fund should support Member States, either directly or indirectly, in their implementation

of Directive 2011/36 i/EU of the European Parliament and of the Council 6 which sets forth

provisions on assistance, support and protection of victims of trafficking in human beings.

5 Directive 2009/52/EC i of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24).

6 Directive 2011/36 i/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and

replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).

  • (28) 
    The Fund should complement and reinforce the activities undertaken in the field of return by the European Border and Coast Guard Agency established by Regulation

    (EU) 2016/1624…/2019 of the European Parliament and of the Council 7 , therefore contributing to effective European Integrated Border Management, as defined in Article 4 of that Regulation.

  • (29) 
    Synergies, consistency and efficiency should be sought with other Union funds and overlap between actions should be avoided.
  • (30) 
    Measures in and in relation to third countries supported through the Fund should complement other actions outside the Union supported through the Union’s external financing instruments. In particular, in implementing such actions, full coherence should be sought with the

    principles and general objectives of the Union’s external action and foreign policy in respect of the country or region in question and the Union international commitments.In relation to the external dimension, the Fund should target support to enhance cooperation with third countries and to reinforce key aspects of migration management in areas of interest to the Union's migration policy.

  • (31) 
    Funding from the Union budget should concentrate on activities where Union intervention can bring added value compared to action undertaken by Member States alone. Financial support

    provided under this Regulation should contribute, in particular, to strengthening national and Union capabilities in the areas of asylum and migration.

7 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 i of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 i and Council Decision 2005/267/EC i (OJ L 251, 16.9.2016, p. 1).

  • (32) 
    A Member State may be deemed not to be compliant with the relevant Union acquis, including as regards the use of operating support under this Fund, if it has failed to fulfil its obligations under the Treaties in the area of asylum and return, if there is a clear risk of a serious breach by the Member State of the Union’s values when implementing the acquis on asylum and return or if an evaluation report under the Schengen evaluation and monitoring mechanism [or the European Union Agency for Asylum evaluation and monitoring

    mechanism] has identified deficiencies in the relevant area.

  • (33) 
    The Fund should reflect the need for increased flexibility and simplification while respecting requirements in terms of predictability, and ensuring a fair and transparent distribution of

    resources to meet the policy and specific objectives laid down in this Regulation.

  • (34) 
    This Regulation should establish the initial amounts to Member States consisting of a fixed amount and an amount calculated on the basis of criteria laid down in Annex I, which reflect the needs and pressure experienced by different Member States in the areas of asylum,

    integration and return.

[(35) These initial amounts should form a basis for Member States’ long-term investments. To take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of legally staying third-country nationals, and counter

irregular migration through efficient and sustainable return policy, an additional amount should be allocated to the Member States at mid-term taking into account objective criteria the absorption rates. This amount should be based on the latest available statistical data as set out in Annex I to reflect the changes in the baseline situation of Member States.]

  • (36) 
    To contribute to the achievement of the policy objective of the Fund, Member States should ensure that their programmes include actions addressing the specific objectives of this

    Regulation, that the priorities chosen are in line with the implementation measures as set out in Annex II and that the allocation of resources between the objectives ensures that the overall policy objective can be met.

  • (37) 
    As challenges in the area of migration are constantly evolving, there is a need to adapt the allocation of funding to the changes in migration flows. 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, part of the funding will be periodically allocated to specific actions, Union actions, emergency assistance, resettlement [and humanitarian admission] and to provide additional support for Member States contributing to solidarity and responsibility efforts via a thematic facility. The financial envelope allocated to the thematic facility will also serve to reinforce programmes.
  • (38) 
    Member States should be encouraged to use part of their programme allocation to fund the actions listed in Annex IV by benefiting from a higher Union contribution.
  • (39) 
    Part of the available resources under the Fund could also be allocated to Member States’ programmes for the implementation of specific actions in addition to the initial allocation. These specific actions should be identified at Union level and should concern actions which require cooperative effort or actions necessary to address developments in the Union which require additional funding to be made available to one or more Member States.
  • (40) 
    The Fund should contribute to supporting operating costs related to the specific objectives of the Fund asylum and return and enable Member States to maintain capabilities which are

    crucial for that service for the Union as a whole. Such support consists of full reimbursement of specific costs related to the objectives under the Fund and should form an integral part of the Member States’ programmes.

  • (41) 
    To complement the implementation of the policy objective of this Fund at national level through Member States’ programmes, the Fund should also provide support for actions at Union level. Such actions should serve overall strategic purposes within the scope of

intervention of the Fund relating to policy analysis and innovation, transnational mutual

learning and partnerships and the testing of new initiatives and actions across the Union.

  • (42) 
    In order to strengthen the Union’s capacity to immediately address unforeseen or disproportionate heavy migratory pressure in one or more Member States characterised by a large or disproportionate inflow of third-country nationals, which places significant and urgent demands on their reception and detention facilities, asylum and migration management systems and procedures, heavy migratory pressures in third countries due to political developments or conflicts, it should be possible to provide emergency assistance in accordance with the framework set out in this Regulation.
  • (43) 
    This Regulation should ensure the continuation of the European Migration Network set up by

Council Decision 2008/381/EC i 8 and should provide financial assistance in accordance with its

objectives and tasks.

  • (44) 
    The policy objective of this Fund will be also addressed through financial instruments and budgetary guarantee under the policy windows of the InvestEU. Financial support should be used to address market failures or sub-optimal investment situations, in a proportionate

    manner and actions should not duplicate or crowd out private financing or distort competition in the Internal market. Actions should have a clear European added value.

(44a) Blending operations have a voluntary nature and are operations supported by the Union budget combining repayable and/or non-repayable forms of support from the Union budget with

repayable forms of support from promotional/ development or other public finance institutions, as well as from commercial finance institutions and investors.

  • (45) 
    This Regulation lays down a financial envelope for the entire Asylum and Migration Fund which is to constitute the prime reference amount, within the meaning of [reference to be updated as appropriate according to the new inter-institutional agreement: point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the

Council and the Commission on budgetary discipline, on cooperation in budgetary matters

and on sound financial management 9 ], for the European Parliament and the Council during

the annual budgetary procedure.

8 2008/381/EC: Council Decision of 14 May 2008 establishing a European Migration Network (OJ L 131, 21.5.2008, p. 7).

9 OJ C 373, 20.12.2013, p. 1;

  • (46) 
    Regulation (EU, Euratom) 2018/1046No …/… [Financial Regulation] applies to this Fund. It lays down rules on the implementation of the Union budget, including the rules on grants,

    prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees.

  • (47) 
    For the purpose of implementation of actions under shared management, the Fund should form part of a coherent framework consisting of this Regulation, Financial Regulation and Regulation (EU) …/2021 [Common Provisions Regulation].
  • (48) 
    Regulation (EU) …/2021 [Common Provisions Regulation] establishes the framework for action for ERDF, ESF+, the Cohesion Fund, the European Maritime and Fisheries Fund

    (EMFF), the Asylum, and Migration and Integration Fund (AMIF), the Internal Security Fund (ISF) and the Border Management and Visa Instrument (BMVI) as a part of the Integrated Border Management Fund (IBMF), and lays down, in particular, the rules concerning programming, monitoring and evaluation, management and control for Union funds implemented under shared management. It is therefore necessary to specify the objectives of AMIF, and to lay down specific provisions concerning the type of activities that may be financed by AMIF.

  • (49) 
    The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to

    deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.

[(50) In accordance with Regulation (EU, Euratom) No 2018/1046 of the European Parliament

and of the Council 10 (the Financial Regulation), Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council 11 , Council Regulation (Euratom, EC) No 2988/95 12 , Council Regulation (Euratom, EC) No 2185/96 13 and Council Regulation (EU) 2017/1939 14 , the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities including and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, theEuropean Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud,corruption or any other illegal activity criminal offences affecting the financial interests of the

10 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending

Regulations (EU) No 1296/2013 i, (EU) No 1301/2013, (EU) No 1303/2013 i, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1) OJ C , , p.

11 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud

Office (OLAF) and repealing Regulation (EC) No 1073/1999 i of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999, (OJ L 248, 18.9.2013, p. 1) OJ C , , p. .

12 Council Regulation (Euratom, EC) No 2988/95 of 18 December 1995 on the protection of the European Communities’ financial interests (OJ L 312, 23.12.95, p. 1).

13 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-thespot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292,

15.11.1996, p. 2)OJ C , , p. . 14 Council Regulation (EU) 2017/1939 1371 of 12 October 2017 implementing enhanced

cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office ("the EPPO")may investigate and prosecute offences against fraud and other illegal activities affecting the financial interests of the Union's financial interests, as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council 15 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate fully in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO in respect of those Member States participating in enhanced cooperation pursuant to Regulation (EU) 2017/1939, and the European Court of Auditors (ECA), and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights.]

[(50a) Third countries which are associated with the activities of the Union in the fields covered by the present instrument may participate in this Union Fund. Third countries may also

participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, OLAF, as well as the European Court of Auditors to comprehensively exert their respective competences.]

15 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

  • (51) 
    Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the

    procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. [Rules adopted on the basis of Article 322 of the TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.]

  • (52) 
    Pursuant to Article 94 of Council Decision 2013/755 i/EU 16 , persons and entities established in overseas countries and territories (OCTs) are eligible for funding subject to the rules and

    objectives of the Fund and possible arrangements applicable to the Member State to which the

    relevant overseas country or territory is linked.

16 Council Decision 2013/755 i/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (Overseas Association Decision) (OJ L 344, 19.12.2013, p. 1).

  • (53) 
    Pursuant to Article 349 of the TFEU and in line with the Commission Communication 'A

stronger and renewed strategic partnership with the EU's outermost regions' 17 , endorsed by the

Council in its conclusion of 12 April 2018, relevant Member States should ensure that their national strategies and programmes address the specific challenges the outermost regions face in managing migration. The Fund supports these Member States with adequate resources to help these regions manage migration sustainably and handle possible situations of pressure.

  • (54) 
    Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate this Fund on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Fund on the ground. In order to measure the achievements of the Fund, common indicators and related targets should be established in relation to each specific objective of the Fund. Through these common

    indicators and financial reporting, the Commission and the Member States should monitor the implementation of the Fund, in accordance with the relevant provisions of Regulation (EU) …/2021 of the European Parliament and of the Council [Common Provisions Regulation] and this Regulation.

17 COM(2017)623 final i.

(54a) For the purpose of the implementation of the programmes with a view to achieving the objectives of the Fund, it is necessary to process certain personal data of participants in operations supported by the Fund. The personal data should be processed for the common indicators, for monitoring, evaluation, control and audit and, where applicable, for

determining the eligibility of participants. The processing of personal data should be done in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council. 18

  • (55) 
    Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Fund will contribute to mainstream climate actions and to the achievement of an overall target of [25 %] of the EU budget expenditures supporting climate objectives. Relevant actions will be identified during the Fund's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes.
  • (56) 
    In order to supplement and amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the list of actions eligible for higher co-financing as listed in Annex IV, operating support and in order to develop further the common monitoring and evaluation framework. It is of particular

    importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that these consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law Making of 13 April 2016.

18 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC i (OJ L 119, 4.5.2016, p.

1).

  • (57) 
    In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. These powers should be exercised in accordance with Regulation (EU) No 182/2011 i of the European Parliament and of the Council 19 . The examination procedure should be used for implementing acts that lay down common obligations on Member States, in particular on the provision of information to the Commission, and the advisory procedure should be used for the adoption of implementing acts relating to the arrangements for providing information to the Commission in the framework of programming and reporting, given their purely technical nature.
  • (58) 
    Since the objective of this Regulation, namely to contribute to an effective management of migration flows in the Union, in accordance with the common policy on asylum and

    international protection and the common immigration policy, cannot be sufficiently achieved by the Member States acting alone and can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

19 Regulation (EU) No 182/2011 i of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by

Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p.

13).

  • (59) 
    In accordance with Articles 1 and 2 3 of the Protocol No 21 on the position of [the United

    Kingdom] and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol Ireland [is not taking part in the adoption of this Regulation and is not bound by it or subject to its application / has notified its wish to take part in the adoption and application of this Regulation].

[(59a)In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United

Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, the United Kingdom is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.]

  • (60) 
    In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union,

    Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

  • (61) 
    It is appropriate to align the period of application of this Regulation with that of Council

    Regulation (EU, Euratom) …/2021 [Multiannual Financial Framework Regulation], HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1 Subject matter

  • 1. 
    This Regulation establishes the Asylum, and Migration and Integration Fund (‘the Fund’).

[2. This Regulation lays down the objectives of the Fund, the budget for the period from 2021 to 2027, the forms of Union funding and the rules for providing such funding.]

Article 2 Definitions

For the purpose of this Regulation, the following definitions shall apply:

(a) 'applicant for international protection' means an applicant as defined in point [x] of Article 2 of Regulation (EU) ../.. [Asylum Procedure Regulation] 20 ;

(b) 'beneficiary of international protection' within the meaning of point (2) of Article [2] of Regulation (EU) ../.. [Qualification Regulation] 21 ;

20 OJ C , , p. .

21 OJ C , , p. .

(c) 'blending operation' means actions supported by the Union budget, including within blending facilities as defined in point (6) of Article 2 of pursuant to Article 2(6) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the

Council 22 the Financial Regulation, combining non-repayable forms of support or financial instruments from the Union budget with repayable forms of support from development or other public finance institutions, as well as from commercial finance institutions and investors;

(d) 'family member' means any third-country national as defined under the Union law relevant to the policy area of action supported under the Fund;

(e) 'humanitarian admission' within the meaning of Article [2] of Regulation (EU) ../.. [Union Resettlement [and Humanitarian Admission] Framework] 23 ;

(f) 'removal' means 'removal' as defined in point (5) of Article 3 of Directive 2008/115/EC i;

(g) 'resettlement' means ‘resettlement’ as defined in Article [2] of Regulation (EU) ../.. [Union Resettlement [and Humanitarian Admission] Framework];

22 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018, amending Regulations (EU) No 1296/2013 i, (EU) No 1301/2013, (EU) No

1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

23 OJ C , , p. .

(h) 'return' means 'return' as defined in point (3) of Article 3 of Directive 2008/115/EC i;

(i) 'third-country national' means any person who is not a citizen of the Union as defined in Article 20(1) of the TFEU. Reference to third-country nationals shall be understood to

include stateless persons and persons with undetermined nationality;

(j) 'vulnerable person' means any person as defined under the Union law relevant to the policy area of action supported under the Fund.

Article 3 Objectives of the Fund

  • 1. 
    The policy objective of the Fund shall be to contribute to an efficient management of migration flowsin line with the relevant Union acquis and in compliance with the Union’s commitments on fundamental rights.
  • 2. 
    Within the policy objective set out in paragraph 1, the Fund shall contribute to the following specific objectives :

    (a) to strengthen and develop all aspects of the Common European Asylum System, including its external dimension;

    (b) to support legal migration to the Member States and including to contribute to the integration of third-country nationals;

    (c) to contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries.

  • 3. 
    Within the specific objectives set out in paragraph 2, the Fund shall be implemented through the implementation measures listed in Annex II.

    Article 4 Scope of support

  • 1. 
    Within the objectives referred to in Article 3, and in line with the implementation measures listed in Annex II, the Fund shall in particular support the actions such as those listed in

    Annex III.

  • 2. 
    To achieve the objectives of this Regulation, the Fund may support the actions in line with the Union priorities as referred to in Annex III in relation to and in third countries, where

    appropriate, in accordance with Article 5 and 6.

  • 3. 
    The objectives of this Regulation shall support actions focusing on one or more target groups within the scope of Articles 78 and 79 of the Treaty on the Functioning of the European

    Union.

    [Article 5 Third countries associated to the Fund

The Fund shall be open to third countries in accordance with the conditions laid down in a specific agreement covering the participation of the third country to the Asylum and Migration Fund, provided that the agreement:

– ensures a fair balance as regards the contributions and benefits of the third country participating in the Fund;

– lays down the conditions of participation in the Fund, including the calculation of financial contributions to the Fund and their administrative costs. These contributions shall constitute assigned revenues in accordance with Article [21(5)] of Regulation (EU, Euratom)

2018/1046 the Financial Regulation;

– does not confer to the third country a decisional power on the Fund;

– guarantees the rights of the Union to ensure sound financial management and to protect its financial interests.]

[Article 5a Protection of the financial interests of the Union

Where a third country participates in the Programme by a decision under an international agreement or by virtue of any other legal instrument, the third country shall grant the necessary rights and access required for the authorising officer responsible, OLAF and the European Court of Auditors to comprehensively exert their respective competences. In the case of the OLAF, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, provided for in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council concerning investigations conducted by the European Anti-Fraud Office.]

Article 6 Eligible entities

  • 1. 
    The following entities may be eligible:

    (a) legal entities established in any of the following countries:

    • (1) 
      a Member State or an overseas country or territory linked to it;
    • (2) 
      third country associated to the Fund;
    • (3) 
      third country listed in the work programme under the conditions specified therein;

    (b) any legal entity created under Union law or any international organisation.

  • 2. 
    Natural persons are not eligible.
  • 3. 
    Legal entities established in a third country are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action.
  • 4. 
    Legal entities participating in consortia of at least two independent entities, established in different Member States or overseas countries or territories linked to those states or in third countries are eligible.

CHAPTER II

FINANCIAL AND IMPLEMENTATION FRAMEWORK

S ECTION 1 C OMMON PROVISIONS

Article 7 General principles

  • 1. 
    Support provided under this Regulation shall complement national, regional and local intervention, and shall focus on adding value to the objectives of this Regulation.
  • 2. 
    The Commission and the Member States shall ensure that the support provided under this Regulation and by the Member States is consistent with the relevant activities, policies and priorities of the Union and is complementary to other Union instruments.
  • 3. 
    The Fund shall be implemented in shared, direct or indirect management in accordance with Articles [62(1) (a), (b) and (c)] of Regulation (EU, Euratom) 2018/1046 the Financial

    Regulation.

Article 8

Budget

  • 1. 
    The financial envelope for the implementation of the Fund for the 2021-2027 period shall be EUR [10 415 000 000] in [current prices].
  • 2. 
    The financial resources shall be used as follows:

    (a) EUR [ 6 249 000 000] shall be allocated to the programmes implemented under shared management;

    (b) EUR [ 4 166 000 000] shall be allocated to the thematic facility.

[2a. The above amounts include a dedicated, significant component for external migration management.] 24

  • 3. 
    Up to 0.42 % of the financial envelope shall be allocated for technical assistance at the initiative of the Commission as referred to in Article 29 of the Regulation EU ../.. [Common Provisions Regulation].

24 The external dimension of migration is a horizontal aspect of the negotiations on the MFF 2021-2027. The sentence between brackets reflects the current wording included in the

Negotiating box and this without prejudice of the final outcome of the ongoing discussions.

A substantial number of Member States indicated that the external dimension of migration

should be funded by the thematic facility.

Article 9 General provisions on the implementation of the thematic facility

  • 1. 
    The financial envelope referred to in Article 8(2)(b) shall be allocated flexibly through the thematic facility using shared, direct and indirect management as set out in work programmes. Funding from the thematic facility shall be used for its components:

    (a) specific actions;

    (b) Union actions;

    (c) emergency assistance;

    (d) resettlement [and humanitarian admission];

    (e) support to Member States contributing to solidarity and responsibility efforts;

    and

    (f) and European Migration Network.

    Technical assistance at the initiative of the Commission shall also be supported from the financial envelope for the thematic facility.

  • 2. 
    Funding from the thematic facility shall address priorities with a high added value to the

    Union or be used to respond to urgent needs in line with agreed Union priorities as outlined in Annex II, including the overall migratory evolution.

  • 3. 
    When funding from the thematic facility is granted in direct or indirect management to

    Member States, it shall be ensured that selected projects are not affected by a reasoned opinion by the Commission in respect of an infringement under Article 258 of the TFEU that puts at risk the legality and regularity of expenditure or the performance of projects.

  • 4. 
    When funding from the thematic facility is implemented in shared management, the

    Commission shall, for the purposes of Articles 18 and 19(2) of Regulation EU ../.. [Common Provisions Regulation], assess whether the foreseen actions are not affected by a reasoned opinion by the Commission in respect of an infringement under Article 258 of the TFEU that puts at risk the legality and regularity of expenditure or the performance of the projects.

  • 5. 
    The Commission shall establish the overall amount made available for the thematic facility under the annual appropriations of the Union budget. The Commission shall by means of

    implementing acts adopt financing decisions as referred to in Article [110] of Regulation (EU, Euratom) 2018/1046 the Financial Regulation for the thematic facility identifying objectives and actions to be supported and specifying the amounts for each of its components as referred to in paragraph 1. Financing decisions shall set out, where applicable, the overall amount reserved for blending operations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2).

  • 6. 
    The thematic facility shall in particular, support actions falling under the implementation measure 2(b) of Annex II that are implemented by the national, regional and local and

    regional authorities or civil society organisations.

  • 7. 
    Following the adoption of a financing decision as referred to in paragraph 5, the Commission may amend the programmes implemented under shared management accordingly.
  • 8. 
    These financing decisions may be annual or multiannual and may cover one or more components of the thematic facility.

    S ECTION 2 S UPPORT AND IMPLEMENTATION UNDER SHARED MANAGEMENT

Article 10

Scope

  • 1. 
    This section applies to the part of the financial envelope referred to in Article 8(2)(a), and additional resources to be implemented under shared management according to the

    Commission decision for the thematic facility referred to in Article 9.

  • 2. 
    Support under this section shall be implemented under shared management in accordance with Article [63] of Regulation (EU, Euratom) 2018/1046 the Financial Regulation and the Regulation EU ../.. [Common Provisions Regulation].

    Article 11 Budgetary resources

  • 1. 
    Resources referred to in Article 8(2)(a) shall be allocated to the national programmes (the

    'programmes') implemented by Member States under shared management indicatively as follows:

    (a) EUR [5 207 500 000] to the Member States in accordance with [Annex I];

    (b) EUR [1 041 500 000] to the Member States for the adjustment of the allocations for the programmes as referred to in Article 14(1).

[2. Where the amount referred to in paragraph 1(b) is not allocated, the remaining amount may be added to the amount referred to in Article 8(2)(b).]

Article 12

Co-financing rates

  • 1. 
    The contribution from the Union budget shall not exceed 75 % of the total eligible expenditure of a project.
  • 2. 
    The contribution from the Union budget may be increased to 90 % of the total eligible expenditure for projects implemented under specific actions.
  • 3. 
    The contribution from the Union budget may be increased to 90 % of the total eligible expenditure for actions listed in Annex IV.
  • 4. 
    The contribution from the Union budget may be increased to 100 % of the total eligible expenditure for operating support.
  • 5. 
    The contribution from the Union budget may be increased to 100 % of the total eligible expenditure for emergency assistance.

5a. Within the limits set out in Article 30(5)(v) of the Regulation (EU) No [CPR], technical assistance of Member States may be financed up to 100 % of the Union budget

contribution.

  • 6. 
    The Commission decision approving a programme shall set the co-financing rate and the maximum amount of support from this Fund for the types of actions referred to in

    paragraphs 1 to 5.

  • 7. 
    For each type of action specific objective, the Commission decision approving a programme shall set out whether the co-financing rate for the type of action specific objective is to be

    applied to either of the following:

    (a) the total contribution, including the public and private contributions; or

    (b) the public contribution only.

    Article 13 Programmes

  • 1. 
    Each Member State shall ensure that the priorities addressed in its programme are consistent with, and respond to, the Union priorities and challenges in the area of migration management and are fully in line with the relevant Union acquis and agreed Union priorities, while taking into account the specific context of each Member State. In defining the priorities of their

    programmes Member States shall ensure that the implementation measures set out in Annex II are adequately addressed.

  • 2. 
    The Commission shall ensure that the European Union Agency for Asylum and the European Border and Coast Guard Agency are associated to the process of developing the programmes at an early stage, as regards the areas of their competence. The Commission shall consult the European Border and Coast Guard Agency and the [European Union Agency for Asylum] as regards the areas of their competence on the draft programmes to ensure consistency and

    complementarity of the actions of the agencies and those of the Member States. The consultation shall be conducted in a timely manner without delaying the approval and implementation of the programmes.

  • 3. 
    The Commission may associate the [European Union Agency for Asylum] and European

    Border and Coast Guard Agency in monitoring and evaluation tasks as referred to in Section 5

    where appropriate in particular in view of ensuring that the actions implemented with the

    support of the Fund are compliant with the relevant Union acquis and agreed Union priorities.

  • 4. 
    Further to a monitoring exercise as carried out in accordance with Regulation (EU) [ ../..]

    [EUAA Regulation] or the adoption of recommendations in accordance with Regulation (EU) No 1053/2013 i which are within the scope of this Regulation, the Member State concerned shall examine, together with the Commission, and where relevant with the European Union Agency for Asylum and the European Border and Coast Guard Agency, how to address the findings and, including any shortcomings or issues of capacity and preparedness, and shall implement the recommendations through its programme with the support of this Fund, where appropriate.

  • 5. 
    Where necessary, the programme in question shall be amended to take into account the recommendations referred to in paragraph 4. Depending on the impact of the adjustment, the revised programme may be approved by the Commission.
  • 6. 
    In cooperation and consultation with the Commission and the relevant agencies in accordance with their competence, as applicable, resources under the programme may be reallocated with the aim of addressing recommendations, as referred to in paragraph 4 that have financial

    implications.

  • 7. 
    Member States may shall in particular pursue the actions eligible for higher co-financing as listed in Annex IV. In the event of unforeseen or new circumstances or in order to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to amend the list of actions eligible for higher co-financing as listed in Annex IV.
  • 8. 
    Whenever a Member State decides to implement new projects with or in a third country with the support of the Fund, the Member State concerned shall approve the project after

    informing consult the Commission prior to the approval start of the project.

  • 9. 
    Programming as referred to in Article 17(5) of Regulation EU) …/2021 [Common Provisions Regulation], shall be based on the types of intervention set out in Table 1 of Annex VI.

    [Article 14 Mid-term review

  • 1. 
    In 2024, the Commission shall allocate to the programmes of Member States concerned the additional amount referred to in Article 11(1)(b) in accordance with the criteria referred to in paragraphs 1(b) to 5 of Annex I. Funding shall be effective for the period as of the calendar year 2025.
  • 2. 
    If at least 10 % of the initial allocation of a programme referred to in Article 11(1)(a) has not been covered by payment applications submitted in accordance with Article [85] of

    Regulation (EU) …/2021 [Common Provisions Regulation], the Member State concerned shall not be eligible to receive the additional allocation for the programme referred to in paragraph 1.

  • 3. 
    The allocation of the funds from the thematic facility as of 2025 shall, where appropriate, take into account the progress made in achieving milestones of the performance framework as

    referred to in Article [12] of Regulation (EU) …/2021 [Common Provisions Regulation] and identified implementation shortcomings.] Article 15 Specific actions

  • 1. 
    Specific actions are transnational or national projects in line with the objectives of this

    Regulation for which one, several or all Member States may receive an additional allocation to their programmes.

  • 2. 
    Member States may in addition to their allocation calculated in accordance with Article 11(1), receive an additional amount, provided that it is earmarked as such in the programme and is

    used to contribute to the implementation of the objectives of this Regulation.

  • 3. 
    The funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the

    programme.

    [Article 16 Resources for the Union Resettlement [and Humanitarian Admission] Framework

  • 1. 
    Member States shall receive, in addition to their allocation calculated in accordance with

    Article 11(1)(a), a contribution of EUR [10 000] for each resettled person in accordance with the targeted Union resettlement scheme. That contribution shall take the form of financing not linked to costs in accordance with Article [125] of the Financial Regulation.

  • 2. 
    The amount referred to in paragraph 1 shall be allocated to the Member States through the amendment of their programme provided that the person in respect of whom the contribution is allocated was effectively resettled in accordance with the Union Resettlement [and

    Humanitarian Admission] Framework.

  • 3. 
    The funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the

    programme.

  • 4. 
    Member States shall keep the information necessary to allow the proper identification of the resettled persons and of the date of their resettlement.]

    [Article 17 Resources to support the implementation of Regulation ../.. [Dublin Regulation]

  • 1. 
    A Member State shall receive, in addition to their allocation calculated in accordance with

    Article 11(1)(a), a contribution of EUR [[10 000]] for each applicant for international protection for whom that Member State becomes responsible as from when that Member State is in challenging circumstances as defined in Regulation (EU) ../.. [Dublin Regulation].

  • 2. 
    A Member State shall receive, in addition to their allocation calculated in accordance with

    Article 11(1)(a), a contribution of EUR [[10 000]] for each applicant for international protection allocated to that Member State who is above the benefitting Member State's fair share.

  • 3. 
    A Member State referred to in paragraphs 1 and 2 shall receive an additional contribution of EUR [[10 000]] per applicant who has been granted international protection for the

    implementation of integration measures.

  • 4. 
    A Member State referred to in paragraphs 1 and 2 shall receive an additional contribution of EUR [[10 000]] per person for whom the Member State can establish on the basis of the

    updating of the data set referred to in Article 11(d) of Regulation (EU) ../.. [Eurodac Regulation] that the person has left the territory of the Member State, on either a compulsory or voluntarily basis in compliance with a return decision or a removal order.

  • 5. 
    A Member State shall receive, in addition to its allocation calculated in accordance with

    Article 11(1)(a), a contribution of EUR [[500]] for each applicant of international protection transferred from one Member State to another, for each applicant transferred pursuant to point (c) of the first paragraph of Article 34(i) of Regulation (EU) ../… [Dublin Regulation] and, where applicable, for each applicant transferred pursuant to point (g) of Article 34 (j) of Regulation (EU) ../.. [Dublin Regulation].

  • 6. 
    The amounts referred to in this Article shall take the form of financing not linked to costs in accordance with Article [125] of the Financial Regulation.
  • 7. 
    The additional amounts referred to in paragraphs 1 to 5 shall be allocated to the Member

    States in their programmes provided that the person in respect of whom the contribution is allocated was, as applicable, effectively transferred to a Member State, effectively returned or registered as an applicant in the Member State responsible in accordance with Regulation (EU) ../.. [Dublin Regulation].

  • 8. 
    This funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the

    programme.]

    Article 18

    Operating support

  • 1. 
    Operating support is a part of a Member State’s allocation which may be used as support to the public authorities responsible for accomplishing the tasks and services which constitute a public service for the Union;
  • 2. 
    A Member State may use up to 10 20% of the amount allocated under the Fund to its programme to finance operating support under objectives in Article 3(2)(a) and (c).
  • 3. 
    The Member States using operating support shall comply with the Union acquis on asylum and return.
  • 4. 
    Member States shall justify in the programme and in the annual performance report as referred to in Article 30 the use of operating support to achieve the objectives of this

    Regulation. Before the approval of the programme, the Commission shall, with the European Union Agency for Asylum and the European Border and Coast Guard Agency in line with Article 13, assess the baseline situation in the Member States which have indicated their intention to use operating support. The Commission shall take into account the information provided by those Member States and, where relevant, the information available in the light of the monitoring exercises, as carried out in accordance with Regulation (EU) ../.. [EUAA Regulation] and Regulation (EU) No 1053/2013 i, which are within the scope of this Regulation.

  • 5. 
    Operating support shall be concentrated on specific tasks and services as laid down in

    Annex VII.

  • 6. 
    To address unforeseen or new circumstances or to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to amend the list of specific tasks and services in Annex VII.

S ECTION 3

S UPPORT AND IMPLEMENTATION UNDER DIRECT AND INDIRECT MANAGEMENT

Article 18a Eligible entities

  • 1. 
    The following entities may be eligible:

    (a) legal entities established in any of the following countries:

    • (1) 
      a Member State or an overseas country or territory linked to it;
    • (2) 
      a third country associated to the Fund;
    • (3) 
      a third country listed in the work programme under the conditions specified therein;

(b) any legal entity created under Union law or any international organisation.

  • 2. 
    Natural persons are not eligible.
  • 3. 
    Legal entities established in a third country are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action.
  • 4. 
    Legal entities participating in consortia of at least two independent entities, established in different Member States or in overseas countries or territories linked to those states or in third countries are eligible.

Article 19

Scope

Support under this section Union shall be implemented either directly by the Commission in accordance with point (a) of Article 62(1) of Regulation (EU, Euratom) 2018/1046 the Financial Regulation, or indirectly in accordance with point (c) of that Article.

Article 20 Union actions

  • 1. 
    Union actions are transnational projects or projects of particular interest to the Union implemented in line with the objectives of this Regulation.
  • 2. 
    At the Commission’s initiative, the Fund may be used to finance Union actions concerning the objectives of this Regulation as referred to in Article 3 and in accordance with Annex III.
  • 3. 
    Union actions may provide funding in any of the forms laid down in Regulation (EU,

    Euratom) 2018/1046 the Financial Regulation in particular grants, prizes and procurement. They may also provide financing in the form of financial instruments within blending operations.

  • 4. 
    Grants implemented under direct management shall be awarded and managed in accordance with [Title VIII] of Regulation (EU, Euratom) 2018/1046 the Financial Regulation.
  • 5. 
    The evaluation committee assessing the proposals may be composed of external experts.
  • 6. 
    Contributions to a mutual insurance mechanism may cover the risk associated with the recovery of funds due by recipients and shall be considered a sufficient guarantee under Regulation (EU, Euratom) 2018/1046 the Financial Regulation. The provisions laid down in [Article X of] Regulation (EU) ../.. [successor of the Regulation on the Guarantee Fund] shall apply.

    Article 21 European Migration Network

  • 1. 
    The Fund shall support the European Migration Network and provide the financial assistance necessary for its activities and its future development.
  • 2. 
    The amount made available for the European Migration Network under the annual appropriations of the Fund and the work programme laying down the priorities for its activities shall be adopted by the Commission, after approval by the Steering Board in accordance with Article 4(5)(a) of Decision 2008/381/EC i (as amended). The decision of the Commission shall constitute a financing decision pursuant to Article [110] of Regulation (EU, Euratom) 2018/1046 the Financial Regulation. To ensure the timely availability of resources, the Commission may adopt the work programme for the European Migration Network in a separate financing decision.
  • 3. 
    Financial assistance provided for the activities of the European Migration Network shall take the form of grants to the national contact points referred to in Article 3 of

    Decision 2008/381/EC i and procurements as appropriate, in accordance with Regulation (EU,

    Euratom) 2018/1046 the Financial Regulation.

    Article 22 Blending operations

Blending operations decided under this Fund shall be implemented in accordance with the

[InvestEu regulation] and Title X of Regulation (EU, Euratom) 2018/1046 the Financial

Regulation.

Article 23 Technical assistance at the initiative of the Commission

The Fund may support technical assistance measures implemented at the initiative of, or on behalf of, the Commission. Those measures may be financed at the rate of 100%.

Article 24

Audits

Audits on the use of the Union contribution carried out by persons or entities, including by other than those mandated by the Union institutions or bodies, shall form the basis of the overall assurance pursuant to Article 127 of Regulation (EU, Euratom) 2018/1046 [Regulation on the financial rules applicable to the general budget of the Union].

Article 25 Information, communication and publicity

  • 1. 
    The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing

coherent, effective and proportionate targeted information to multiple audiences, including the media and the public, except where it is restricted due to its classified or confidential nature,

particularly concerning security, public order and the protection of personal data, according the applicable law.

  • 2. 
    The Commission shall implement information and communication actions relating to the

    Fund and its actions and results. Financial resources allocated to the Fund shall also contribute

    to the corporate communication on the political priorities of the Union, as far as they are

    related to the objectives of this Regulation.

S ECTION 4

S UPPORT AND IMPLEMENTATION UNDER SHARED ,

DIRECT AND INDIRECT MANAGEMENT

Article 26 Emergency assistance

  • 1. 
    The Fund shall provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from one or more of the following:

    (a) heavy migratory pressure in one or more Member States characterised by a large or disproportionate inflow of third-country nationals, which places significant and urgent demands on their reception and detention facilities, asylum and migration management systems and procedures;

    (b) an event of mass influx of displaced persons the implementation of temporary protection mechanisms within the meaning of Directive 2001/55/EC i 25 ;

    (c) heavy migratory pressure in third countries, including where persons in need of protection may be stranded due to political developments or conflicts,notably where it might have an impact on migration flows towards the EU.

  • 2. 
    Emergency assistance may take the form of grants awarded directly to the decentralised agencies.

25 Council Directive 2001/55/EC i of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a

balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).

  • 3. 
    Emergency assistance may be allocated to Member States’ programmes in addition to their allocation calculated in accordance with Article 11(1) and Annex I, provided that it is

    earmarked as such in the programme. This funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme.

  • 4. 
    Grants implemented under direct management shall be awarded and managed in accordance with [Title VIII] of Regulation (EU, Euratom) 2018/1046 the Financial Regulation.
  • 5. 
    The Commission shall regularly inform Member States about the available financial means for emergency assistance and the types of action which may be eligible.

    Article 27 Cumulative, complementary and combined funding

  • 1. 
    An action that has received a contribution under the Fund may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs. The rules of each contributing Union

    programme shall apply to its respective contribution to the action. The cumulative funding shall not exceed the total eligible costs of the action and the support from the different Union programmes may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support.

  • 2. 
    Actions awarded a seal of Excellence certification, or which comply with the following cumulative comparative conditions:

    (a) they have been assessed in a call for proposals under the instrument;

    (ba) they comply with the minimum quality requirements of that call for proposals;

(cb) they may not be financed under that call for proposals due to budgetary constraints.

may receive support from the European Regional Development Fund, the Cohesion Fund, the

European Social Fund+ or the European Agricultural Fund for Rural Development, in

accordance with paragraph 5 of Article [67] of Regulation (EU) ../.. [Common Provisions

Regulation] and Article [8] or Regulation (EU) ../.. [Financing, management and monitoring

of the Common Agricultural Policy], provided that such actions are consistent with the

objectives of the programme concerned. The rules of the Fund providing support shall apply.

S ECTION 5

M ONITORING , R EPORTING AND EVALUATION

SUB SECTION 1 C OMMON P ROVISIONS

Article 28 Monitoring and reporting

  • 1. 
    In compliance with its reporting requirements pursuant to Article 41(3)(h)(iii)

    [43(3)(h)(i)(iii)] of Regulation (EU, Euratom) 2018/1046 the Financial Regulation, the Commission shall present to the European Parliament and the Council information on performance in accordance with Annex V.

  • 2. 
    The Commission shall be empowered to adopt delegated acts in accordance with Article 32 to amend Annex V in order to make the necessary adjustments to the information on

    performance to be provided to the European Parliament and the Council.

  • 3. 
    The indicators to report on progress of the Fund towards the achievement of the objectives of this Regulation are set in Annex VIII. For output indicators, baselines shall be set at zero. The milestones set for 2024 and targets set for 2029 shall be cumulative.
  • 4. 
    The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and where relevant Member States.
  • 5. 
    In order to ensure effective assessment of the progress of the Fund towards the achievement of its objectives, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to amend Annex VIII to review and complement the indicators where

    necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework, including for project information to be provided by the Member States. Any amendment to Annex VIII shall only start to apply in the first accounting year following the year of adoption of the delegated act.

    Article 29 Evaluation

  • 1. 
    The Commission shall carry out a mid-term and a retrospective evaluation of this Regulation, including the actions implemented under the Fund.
  • 2. 
    The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process in accordance with the timeline set out in Article 40 of

    Regulation (EU) No …/… [CPR].

SUB SECTION 2

RULES FOR SHARED MANAGEMENT

Article 30 Annual performance review reports

  • 1. 
    For the purpose of the annual performance review as referred to in article 36 of Regulation (EU)…/… [CPR],Bby 15 February 2023 and by the same date of each subsequent year up to and including 2031, Member States shall submit to the Commission the annual performance a report as referred to in Article 36(6) of Regulation (EU)…/2021 [Common Provisions

    Regulation]. The reporting period shall cover the last accounting year as defined in Article 2(28) of Regulation (EU)…/… [CPR], preceding the year of submission of the report.The report submitted in on 15 February 2023 shall cover the implementation of the programme in the period from 1 January 2021 to 30 June 2022.

  • 2. 
    The annual performance report shall in particular set out information on:

    (a) progress in the implementation of the programme and in achieving the milestones and targets, taking into account the latest data as required by Article [37] of Regulation (EU) …/2021 [Common Provisions Regulation];

    (b) any issues affecting the performance of the programme and the action taken to address them;

    (c) the complementarity between the actions supported by the Fund and support provided by other Union funds, in particular those in or in relation to third countries;

    (d) contribution of the programme to the implementation of the relevant Union acquis and action plans;

    (e) the implementation of communication and visibility actions;

    (ef) the fulfilment of the applicable enabling conditions and their application throughout the programming period;

    (fg) the number of persons resettled with the help of the Fund in line with the amounts referred to in Article 16(1);

    (gh) the number of applicants for or beneficiaries of international protection transferred from one Member State to another in line with Article 17.

  • 3. 
    The Commission may make observations on the annual performance report within two months of the date of its receipt. Where the Commission does not provide observations by that deadline, the report shall be deemed to have been accepted.
  • 4. 
    In order to ensure uniform conditions for the implementation of this Article, the Commission shall adopt an implementing act establishing the template for the annual performance report. This implementing act shall be adopted in accordance with the examination advisory

    procedure referred to in Article 33(2).

    Article 31 Monitoring and reporting

  • 1. 
    Monitoring and reporting in accordance with Title IV of Regulation (EU) …/… [Common

    Provisions Regulation] shall be based on the types of intervention set out in Tables 1, 2, and 3 and 4 in Annex VI. To address unforeseen or new circumstances or to ensure the effective implementation of the funding, the Commission shall be empowered to adopt delegated acts to amend the types of intervention in accordance with Article 32.

  • 2. 
    These indicators set in Annex VIII shall be used in accordance with Articles 12(1), 17 and 37 of Regulation (EU) …/2021 [Common Provisions Regulation].

    Article 31a Processing of personal data

  • 1. 
    For the purposes of the implementation of the AMIF with a view to achieving the objectives set out in Article 3, the Managing Authority, the Audit Authority and the beneficiaries, as

    data controllers, shall process, in accordance with Regulation (EU) 2016/679, the personal data necessary for the common indicators in Annex VIII, for monitoring, evaluation, control and audit and, where applicable, for determining the eligibility of participants.

  • 2. 
    The personal data referred to in paragraph 1 shall be retained in accordance with Article 76 of Regulation (EU) No …/… [CPR].

CHAPTER III

TRANSITIONAL AND FINAL PROVISIONS

Article 32 Exercise of the delegation

  • 1. 
    The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
  • 2. 
    The power to adopt delegated acts referred to in Articles 13, 18, 28 and 31 shall be conferred on the Commission until 31 December 2028.
  • 3. 
    The delegation of powers referred to in Articles 13, 18, 28 and 31 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the

    publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

  • 4. 
    Before adopting a delegated act, the Commission shall consult experts designated by each

    Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

  • 5. 
    As soon as it adopts a delegated act, the Commission shall simultaneously notify the

    European Parliament and to the Council thereof.

  • 6. 
    A delegated act adopted pursuant to Articles 13, 18, 28 and 31 shall enter into force only if neither the European Parliament nor the Council has expressed an objection within two

    months of being notified of it or if, before the expiry of that period, they have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

    Article 33 Committee procedure

  • 1. 
    The Commission shall be assisted by the Coordination Committee for the Asylum, and

    Migration and Integration Fund, the Internal Security Fund and the Border Management and Visa Instrument. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011 i.

  • 2. 
    Where reference is made to this paragraph, Article 5 4 of Regulation (EU) No 182/2011 i shall apply. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No

    182/2011 shall apply.

  • 3. 
    Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act. This shall not apply to the implementing act referred to in Article 30(4). Article 34

Transitional provisions

  • 1. 
    This Regulation shall not affect the continuation or modification of the actions concerned under the Asylum, Migration and Integration Fund for the period 2014-2020 established by Regulation (EU) No 516/2014 i, which shall continue to apply to the actions concerned until their closure.
  • 2. 
    The financial envelope for the Fund may also cover technical and administrative assistance expenses necessary to ensure the transition between the Fund and the measures adopted under its predecessor, the Asylum, Migration and Integration Fund established by Regulation (EU) No 516/2014 i.

    Article 35 Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the

Official Journal of the European Union.

It shall apply from 1 January 2021.

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

Done at Strasbourg,

For the European Parliament For the Council

The President The President

[ANNEX I] 26 [Criteria for the allocation of funding to the programmes under shared management]

  • 1. 
    [The available resources referred to in Article 11 shall be broken down between the Member States as follows:

    (a) Each Member State shall receive a fixed amount of EUR 5 000 000 from the Fund at the start of the programming period only;

    (b) The remaining resources referred to in Article 11 shall be distributed based on the following criteria:

    – 30 % for asylum;

    – 30 % for legal migration and integration;

    – 40 % for countering irregular migration including returns.

  • 2. 
    The following criteria in the area of asylum will 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;

26 The discussions on the criteria for the allocation of funding were inconclusive. Both the reference period and the distribution key to work out the allocations require further

discussions. Several Member States indicated that the fixed amount allocated at the start of the programming could be increased up to a figure between EUR 10 million EUR 15 million, in line with the reinforced financial envelope of the Fund and with the aim of facilitating implementation.

– Any third-country national or stateless person enjoying a form of subsidiary

protection with the meaning of recast Directive 2011/95 i/EU 27 ;

– Any third-country national or stateless person enjoying temporary protection within the meaning of Directive 2001/55/EC i 28

(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 will be taken into account and shall be weighted as follows:

    (a) 40 % in proportion to the total number of legally residing third-country nationals in a Member State.

    (b) 60 % in proportion to the number of third-country nationals who have obtained a first residence permit.

27 Directive 2011/95 i/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as

beneficiaries of international protection, for a uniform status for refugees or for persons

eligible for subsidiary protection, and for the content of the protection granted (OJ L 337,

20.12.2011, p. 9–26).

28 Data to be taken into account only in case of the activation of the Council Directive

2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the

event of a mass influx of displaced persons and on measures promoting a balance of efforts

between Member States in receiving such persons and bearing the consequences thereof

(OJ L 212, 7.8.2001, p. 12–23).

(c) However, for the purpose of the calculation referred to in paragraph 3(b), the following categories of persons shall not be included:

– Third country nationals being issued a work-related first residence permits 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 i 29 or when applicable the Directive (EU) 2016/801 30 ;

– Third-country nationals admitted for purposes of scientific research in accordance

31

with Council Directive 2005/71/EC i or when applicable the Directive (EU) 2016/801.

29 Council Directive 2004/114/EC i of 13 December 2004 on the conditions of admission of thirdcountry nationals for the purposes of studies, pupil exchange, unremunerated training or

voluntary service (OJ L 375, 23.12.2004, p. 12–18). 30 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. 21–57).

31 Council Directive 2005/71/EC i of 12 October 2005 on a specific procedure for admitting thirdcountry nationals for the purposes of scientific research (OJ L 289, 3.11.2005, p. 15–22).

  • 4. 
    The following criteria in the area of countering irregular migration including returns will be taken into account and shall be weighted as follows:

    (a) 50% 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 and / or Community law, i.e. an

    administrative or judicial decision or act, stating or declaring the illegality of stay and imposing an obligation to return;

    (b) 50% 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 the latest annual statistical data produced by the Commission (Eurostat) covering the preceding three calendar years on the basis of data provided by Member States on the date of the applicability of this Regulation in accordance with Union law. For the mid-term review, the reference figures shall be the latest annual

    statistical data produced by the Commission (Eurostat) covering the preceding three calendar years available at the time of the mid-term review in 2024 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 statistics concerned, they shall provide provisional data as soon as possible.

  • 6. 
    Before accepting these data 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.] ANNEX II Implementation measures

  • 1. 
    The Fund shall contribute to the specific objective set out in Article 3(2)(a) by focusing on the following implementation measures:

    (a) ensuring a 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;

    (c) enhancing solidarity and responsibility-sharing between the Member States, in particular towards those most affected by migratory flows, as well as providing support to Member States contributing to solidarity efforts;

    (d) enhancing solidarity and cooperation with third countries affected by migratory flows, including through resettlement and other legal avenues to protection in the Union as

    well as partnership and cooperation with third countries for the purpose of managing migration.

  • 2. 
    The Fund shall contribute to the specific objective set out in Article 3(2)(b), 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;

    (b) promoting early integration measures for the social and economic inclusion of third-country nationals, preparing their active participation in and their acceptance by the receiving society, in particular with the involvement of national and, in particular, regional or local or regional authorities and civil society organisations.

  • 3. 
    The Fund shall contribute to the specific objective set out in Article 3(2)(c), by focusing on the following implementation measures:

    (a) ensuring a 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 States’ level, to the development of capacities for effective and sustainable return and reducing incentives for irregular migration;

    (c) supporting assisted voluntary return and reintegration;

    (d) strengthening cooperation with third countries and their capacities to implement readmission agreements and other arrangements, and enable sustainable return. ANNEX III

Scope of support

  • 1. 
    Within the policy objective referred to in Article 3(1), the Fund shall in particular support actions such as the following:

    (a) the establishment and development of national strategies in asylum, legal migration, integration, return and irregular migration;

    (b) the setting up of administrative structures, and systems, including the development of IT systems and the interoperability of databases and, tools and training of staff,

    including local authorities and other relevant stakeholders;

    (c) the development, monitoring and evaluation of policies and procedures including on collection, and exchange and analysis of information and data, development and

    application of common statistical tools, methods and indicators for measuring progress and assessing policy developments;

    (d) the exchanges 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;

    (e) assistance and support services consistent with the status and the needs of the person concerned, in particular the vulnerable groups;

    (f) actions aimed at enhancing awareness of asylum, integration, legal migration and return policies among stakeholders and the general public;

  • 2. 
    Within the specific objective referred to in Article 3(2)(a), the Fund shall in particular support actions such as the following actions:

    (a) providing material aid, including assistance at the border;

    (b) conducting asylum procedures (i.e. staff, operational needs) to ensure compliance with the asylum acquis;

    (c) identifying applicants with special procedural or reception needs;

    (d) establishing or improving reception accommodation infrastructure, including the possible joint use of such facilities by more than one Member State;

    (e) enhancing the capacity of Member States to collect, analyse and disseminate country of origin information;

    (f) actions related to the conducting of procedures for the implementation of the Union Resettlement [and Humanitarian Admission] Framework or national resettlement

    schemes that are compatible with the Union Resettlement Framework;

    (g) transfers of applicants for or beneficiaries of international protection;

    (h) enhancing capacities of third countries to improve the protection of persons in need of protection;

    (i) establishing, developing and improving effective alternatives to detention, in particular in relation to unaccompanied minors and families.

  • 3. 
    Within the specific objective referred to in Article 3(2)(b), the Fund shall in particular support actions such as the following:

    (a) information packages and campaigns to raise awareness of legal migration channels to the Union, including on the Union legal migration acquis;

    (b) 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 of skills and qualifications acquired in a third country, as well as their transparency and compatibility with those of a Member State;

    (e) assistance in the context of applications for family reunification within the meaning of Council Directive 2003/86/EC i 32 ;

    (f) assistance 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 defined at Union level;

32 Council Directive 2003/86/EC i of 22 September 2003 on the right to family reunification,(OJ L 251, 03/10/2003 p. 12 – 18.).

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

administrative and legal guidance, one-stop shops for integration providing general advice and assistance to third country nationals in areas such as housing, means of subsistence, psychological care, health care, etc;

(h) actions promoting equality in the access and provision of public and private services to third-country nationals, including adapting them to the needs of the target group;

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

(j) actions enabling and supporting third-country nationals’ introduction to and active participation in the receiving society and actions promoting acceptance by the receiving society;

(k) promoting exchanges and dialogue between third-country nationals, the receiving society and public authorities, including through the consultation of third-country nationals, and intercultural and inter-religious dialogue.

  • 4. 
    Within the specific objective referred to in Article 3(2)(c), the Fund shall in particular support actions such as the following:

    (a) infrastructure for establishing or improving reception or detention infrastructure, including the possible joint use of such facilities by more than one Member State;

    (b) introduction, development and improvement of effective alternative measures to detention, in particular in relation to unaccompanied minors and families;

    (c) introduction and reinforcement of independent and effective systems for monitoring forced return, as laid down in Article 8(6) of Directive 2008/115/EC i 33 ;

    (d) countering 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, or information and awareness-raising campaigns to inform employers and irregular migrants about their rights and obligations pursuant to Directive 2009/52/EC i 34 ;

33 Directive 2008/115/EC i of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying thirdcountry nationals (OJ L 348, 24.12.2008, p. 98).

34 Directive 2009/52/EC i of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009., p.24–32).

(e) preparation of return, 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 return 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;

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

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

(j) facilities and services in third countries ensuring appropriate temporary accommodation and reception upon arrival, including for unaccompanied minors and other vulnerable

groups in line with international standards;

(k) cooperation with third countries on countering irregular migration and on effective return and readmission, including in the framework of the implementation of

readmission agreements and other arrangements;

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

(m) support for and actions in third countries, including on infrastructure, equipment and other measures, provided these contribute are conducive to enhancing effective

cooperation between third countries and the Union and its Member States on return and readmission.

ANNEX IV Actions eligible for higher co-financing in line with Articles 12(2 3) and 13(7)

– Integration measures implemented bylocal and regional authorities and civil-society 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 and/or procedural needs, including measures to ensure effective protection of

children in migration, in particular those unaccompanied;

– Projects in third countries that aim at tackling high migration pressure on Member States.

ANNEX V Core performance indicators referred to in Article 28(1)

Specific objective 1: To strengthen and develop all aspects of the Common European Asylum

System, including its external dimension:

  • 1. 
    Number of persons resettled with the support of the Fund.

Data source: Member States

  • 2. 
    Additional capacity of infrastructures supporting migrants and refugees Number of persons in the reception system as compared to the number of asylum applicants.

Data source: Eurostat

  • 3. 
    Convergence of protection recognition rates for asylum seekers from the same country.

Data source: Eurostat

Specific objective 2: To support legal migration to the Member States and including to contribute to the integration of third-country nationals:

  • 1. 
    Number of participants persons who reported, after the end of the support, that the activity was perceived helpful for their integration participated in pre-departure measures supported by the Fund.

Data source: Member States

  • 2. 
    Number of persons who participated in integration measures supported by the Fund reporting that the measures were beneficial for their early integration supportas compared to the total

number of persons who participated in the integration measures supported by the Fund.

Data source: Member States

Specific objective 3: To contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries:

  • 1. 
    Number of returns following an order to leave compared to the number of third-country nationals ordered to leave.

Data source: Eurostat

  • 12. 
    Number of returnees who have received pre or post-return reintegration assistance cofinanced by the Fund, as compared to the total number of returns supported by the Fund.

Data source: Member States

ANNEX VI Types of intervention

TABLE 1: CODES FOR THE INTERVENTION FIELD DIMENSION

  • I. 
    CEAS

001 Reception conditions

002 Asylum procedures

003 Implementation of the Union acquis

004 Children in migration

005 Persons with special reception and procedural needs

006 Resettlement [or humanitarian admissions]

007 Solidarity efforts between Member States

008 Operating support

009 Vulnerable persons

II. Legal migration and integration

001 Development of integration strategies

002 Vulnerable persons/ UAMs especially Vvictims of trafficking in human beings

003 Integration measures – information and orientation, one stop shops

004 Integration measures – language training

005 Integration measures – civics and other training

006 Integration measures – Introduction, participation, exchanges host society

007 Integration measures – basic needs

008 Pre-departure measures

009 Mobility schemes

010 Acquisition of legal residence

011 Operating support

III. Return

001 Alternatives to detention

002 Reception/detention conditions

003 Return procedures

004 Assisted voluntary return

005 Reintegration assistance

006 Removal/Return operations

007 Forced-return monitoring system

008 Vulnerable persons/UAMs

009 Measures addressing incentives for irregular migration

010 Operating support

IV. Technical assistance

001 Technical assistance Information and communication

002 Preparation, implementation, monitoring and control

003 Evaluation and studies, data collection

004 Capacity building

TABLE 2: CODES FOR THE TYPE OF ACTION DIMENSION

001 Development of national strategies

002 Capacity building

003 Education and training for third-country nationals

004 Development of statistical tools, methods and indicators

005 Exchange of information and best practices

006 Joint actions/operations (between MS)

007 Campaigns and information

008 Exchange and secondment of experts

009 Studies, pilot projects, risk assessments

010 Preparatory, monitoring, administrative and technical activities

011 Provision of assistance and support services to TCN

012 Infrastructure

013 Equipment

TABLE 3: CODES FOR THE IMPLEMENTATION MODALITIES DIMENSION

001 Actions as per Art. 12(1)

002 Specific actions

003 Actions listed in Annex IV

004 Operating support

005 Emergency assistance

001 Specific action

002 Emergency assistance

003 Cooperation with third countries

004 Actions in third countries

005 Strategic Union priorities

TABLE 4. CODES FOR SECONDARY IMPLEMENTATION DIMENSION

001 Cooperation with third countries

002 Actions in third countries

ANNEX VII Eligible actions for operating support

Within the specific objective to strengthen and develop all aspects of the Common European

Asylum System, including its external dimension, and the specific objective to contribute to countering irregular migration, ensuring effectiveness of return and readmission in third countries and the specific objective to support legal migration to the Member States and to contribute to the integration of third-country nationals, operating support shall cover:

– staff costs;

– service costs, such as maintenance or replacement of equipment or IT systems;

– service costs, such as maintenance and repair of infrastructure.

ANNEX VIII Output and result indicators referred to in Article 28(3)

Specific objective 1: To strengthen and develop all aspect of the Common European Asylum System, including its external dimension:

Output indicators

  • 1. 
    Number of participants supported;

    – of which number of participants who received legal assistance;

    – of which number of vulnerable participants assisted;

  • 2. 
    Number of participants in training activities;
  • 3. 
    Number of reception infrastructure built/renovated;
  • 4. 
    Number of reception equipment purchased.

Result indicators

  • 1. 
    Number of newly created places in reception infrastructure;

    – of which number of newly created places for unaccompanied minors;

  • 2. 
    Number of renovated/ refurbished places in reception infrastructure;

– of which number of renovated/ refurbished places for unaccompanied minors;

  • 3. 
    Number of applicants for and beneficiaries of international protection transferred from one Member State to another;
  • 4. 
    Number of persons resettled.
  • 1. 
    Number of target group persons provided with assistance with the support of the Fund:

    (a) Number of target group persons benefiting from information and assistance throughout the asylum procedures;

    (b) Number of target group persons benefiting from legal assistance and/ or representation;

    (c) Number of vulnerable persons, victims of trafficking in human beings, and unaccompanied minors benefiting from specific assistance.

  • 2. 
    Capacity (number of places) in new reception accommodation infrastructure set up in line with the common requirements for reception conditions set out in the Union acquis and of existing reception accommodation infrastructure, improved in accordance with the same

    requirements as a result of the projects supported by the Fund and percentage in the total reception accommodation capacity;

  • 3. 
    Number of places adapted for unaccompanied minors (UAM) supported by the Fund as compared to the total number of places adapted for unaccompanied minors;
  • 4. 
    Number of persons trained in asylum-related topics with the assistance of the Fund, and that number as a percentage of the total number of staff trained in those topics;
  • 5. 
    Number of applicants for international protection transferred from one Member State to another with support of the Fund;
  • 6. 
    Number of persons resettled with the support of the Fund.

Data source: Member States

Specific objective 2: To support legal migration to the Member States and including to contribute to the integration of third-country nationals:

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;

    – of which number of participants in a language course;

    – of which number of participants in an orientation course.

Result indicators

  • 1. 
    Number of participants in language courses who have improved their proficiency level inthe host-country language upon leaving the language course by at least one level in the Common European Framework of Reference for Languages or national equivalent.
  • 2. 
    Number of participants who reported, after the end of the support, that the activity was perceived helpful for their integration
  • 1. 
    Number of persons who participated in pre-departure measures supported by the Fund.
  • 2. 
    Number of local local and regional authorities that have implemented integration measures with the support of the Fund.
  • 3. 
    Number of persons who participated in measures supported by the Fund focusing on:

    (a) educationand training;

    (b) labour market integration;

    (c) access to basic services; and

    (d) active participation and social inclusion.

  • 4. 
    Number of persons who participated in integration measures supported by the Fund reporting that the measures were beneficial for their early integration as compared to the total number of persons who participated in the integration measures supported by the Fund;

Data source: Member States

Specific objective 3: To contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries:

Output indicators

  • 1. 
    Number of participants in training activities;
  • 2. 
    Number of equipment /IT systems purchased;
  • 3. 
    Number of returnees who received reintegration assistance.

Result indicators

  • 1. 
    Number of places in detention centres created;
  • 2. 
    Number of places in detention centres refurbished/ renovated;
  • 3. 
    Number of returnees voluntarily returned;
  • 4. 
    Number of returnees who were removed;
  • 5. 
    Number of returnees subject to alternatives to detention.

Data source for all indicators: Member States

  • 1. 
    Number of places in detention centres created/renovated with support from the Fund, as compared to the total number of created/renovated places in detention centres.
  • 2. 
    Number of persons trained on return-related topics with the assistance of the Fund.
  • 3. 
    Number of returnees whose return was co-financed by the Fund as compared to the total number of returns following an order to leave:

    (a) persons who returned voluntarily;

    (b) persons who were removed.

  • 4. 
    Number of returnees who have received pre or post return reintegration assistance co-financed by the Fund, as compared to the total number of returns supported by the Fund.

Data source: Member States

 
 
 

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