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Document 02014R0516-20220412
Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC
Consolidated text: Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC
Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC
02014R0516 — EN — 12.04.2022 — 003.001
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REGULATION (EU) No 516/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 (OJ L 150 20.5.2014, p. 168) |
Amended by:
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REGULATION (EU) 2018/2000 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2018 |
L 328 |
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21.12.2018 |
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COMMISSION DELEGATED REGULATION (EU) 2020/445 of 15 October 2019 |
L 94 |
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27.3.2020 |
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REGULATION (EU) 2022/585 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 April 2022 |
L 112 |
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11.4.2022 |
REGULATION (EU) No 516/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 April 2014
establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC
CHAPTER I
GENERAL PROVISIONS
Article 1
Purpose and scope
This Regulation lays down:
the objectives of financial support and the eligible actions;
the general framework for the implementation of eligible actions;
the available financial resources and their distribution;
the principles and mechanism for the establishment of common Union resettlement priorities; and
the financial assistance provided for the activities of the European Migration Network.
Article 2
Definitions
For the purpose of this Regulation, the following definitions apply:
‘resettlement’ means the process whereby, on a request from the United Nations High Commissioner for Refugees (‘UNHCR’) based on a person’s need for international protection, third-country nationals are transferred from a third country and established in a Member State where they are permitted to reside with one of the following statuses:
‘refugee status’ within the meaning of point (e) of Article 2 of Directive 2011/95/EU;
‘subsidiary protection status’ within the meaning of point (g) of Article 2 of Directive 2011/95/EU; or
any other status which offers similar rights and benefits under national and Union law as those referred to in points (i) and (ii);
‘other humanitarian admission programmes’ means an ad hoc process whereby a Member State admits a number of third-country nationals to stay on its territory for a temporary period of time in order to protect them from urgent humanitarian crises due to events such as political developments or conflicts;
‘international protection’ means refugee status and subsidiary protection status within the meaning of Directive 2011/95/EU;
‘return’ means the process of a third-country national going back, whether in voluntary compliance with an obligation to return or enforced, as defined in Article 3 of Directive 2008/115/EC;
‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU. Reference to third-country nationals shall be understood to include stateless persons and persons with undetermined nationality;
‘removal’ means the enforcement of the obligation to return, namely the physical transportation out of the Member State, as defined in Article 3 of Directive 2008/115/EC;
‘voluntary departure’ means compliance with the obligation to return within the time-limit fixed for that purpose in the return decision, as defined in Article 3 of Directive 2008/115/EC;
‘unaccompanied minor’ means a third-country national below the age of 18 years, who arrives or arrived on the territory of a Member State unaccompanied by an adult responsible for him/her whether by law or the national practice of the Member State concerned, and for as long as he/she is not effectively taken into the care of such a person; it includes a minor who is left unaccompanied after he/she entered the territory of a Member State;
‘vulnerable person’ means any third-country national who complies with the definition under Union law relevant to the policy area of action supported under the Fund;
‘family member’ means any third-country national who complies with the definition under Union law relevant to the policy area of action supported under the Fund;
‘emergency situation’ means a situation resulting from:
heavy migratory pressure in one or more Member States characterised by a large and disproportionate inflow of third-country nationals, which places significant and urgent demands on their reception and detention facilities, asylum systems and procedures;
the implementation of temporary protection mechanisms within the meaning of Directive 2001/55/EC; or
heavy migratory pressure in third countries where refugees are stranded due to events such as political developments or conflicts.
Article 3
Objectives
Within its general objective, the Fund shall contribute to the following common specific objectives:
to strengthen and develop all aspects of the Common European Asylum System, including its external dimension;
to support legal migration to the Member States in accordance with their economic and social needs, such as labour market needs, while safeguarding the integrity of the immigration systems of Member States, and to promote the effective integration of third-country nationals;
to enhance fair and effective return strategies in the Member States which contribute to combating illegal immigration, with an emphasis on sustainability of return and effective readmission in the countries of origin and transit;
to enhance solidarity and responsibility-sharing between the Member States, in particular towards those most affected by migration and asylum flows, including through practical cooperation.
The achievement of the specific objectives of the Fund shall be evaluated in accordance with Article 55(2) of Regulation (EU) No 514/2014 using common indicators as set out in Annex IV to this Regulation and programme-specific indicators included in national programmes.
Article 4
Partnership
For the purposes of the Fund, the partnership referred to in Article 12 of Regulation (EU) No 514/2014 shall include relevant international organisations, non-governmental organisations and social partners.
CHAPTER II
COMMON EUROPEAN ASYLUM SYSTEM
Article 5
Reception and asylum systems
Within the specific objective laid down in point (a) of the first subparagraph of Article 3(2) of this Regulation, in the light of the outcome of the policy dialogue as provided for in Article 13 of Regulation (EU) No 514/2014, and in accordance with the objectives of the national programmes laid down in Article 19 of this Regulation, the Fund shall support actions focusing on one or more of the following categories of third-country nationals:
those who enjoy refugee status or subsidiary protection status within the meaning of Directive 2011/95/EU;
those who have applied for one of the forms of international protection referred to in point (a) and have not yet received a final decision;
those who enjoy temporary protection within the meaning of Directive 2001/55/EC;
those who are being or have been resettled in or transferred from a Member State.
As regards reception conditions and asylum procedures, the Fund shall support, in particular, the following actions focusing on the categories of persons referred to in the first subparagraph of this paragraph:
the provision of material aid, including assistance at the border, education, training, support services, health and psychological care;
the provision of support services such as translation and interpretation, education, training, including language training, and other initiatives which are consistent with the status of the person concerned;
the setting-up and improvement of administrative structures, systems and training for staff and relevant authorities to ensure effective and easy access to asylum procedures for asylum seekers and efficient and high-quality asylum procedures, in particular, where necessary, to support the development of the Union acquis;
the provision of social assistance, information or help with administrative and/or judicial formalities and information or counselling on the possible outcomes of the asylum procedure, including on aspects such as return procedures;
the provision of legal assistance and representation;
the identification of vulnerable groups and specific assistance for vulnerable persons, in particular in accordance with points (a) to (e);
the establishment, development and improvement of alternative measures to detention.
Where deemed appropriate, and where the national programme of a Member State provides for them, the Fund may also support integration-related measures, such as those referred to in Article 9(1), concerning the reception of persons referred to in the first subparagraph of this paragraph.
Within the specific objective defined in point (a) of the first subparagraph of Article 3(2), and in line with the objectives of the national programmes defined in Article 19, as regards accommodation infrastructure and reception systems, the Fund shall support, in particular, the following actions:
the improvement and maintenance of existing accommodation infrastructure and services;
the strengthening and improvement of administrative structures and systems;
information for local communities;
the training of the staff of authorities, including local authorities, who will be interacting with the persons referred to in paragraph 1 in the context of their reception;
the establishment, running and development of new accommodation infrastructure and services, as well as administrative structures and systems, in particular, where necessary, to address the structural needs of Member States.
Within the specific objectives laid down in points (a) and (d) of the first subparagraph of Article 3(2), and in accordance with the objectives of the national programmes defined in Article 19, the Fund shall also support actions similar to those listed in paragraph 1 of this Article, where such actions are related to persons who are temporarily staying:
Article 6
Member States’ capacity to develop, monitor and evaluate their asylum policies and procedures
Within the specific objective laid down in point (a) of the first subparagraph of Article 3(2) of this Regulation, in the light of the outcome of the policy dialogue as provided for in Article 13 of Regulation (EU) No 514/2014, and in accordance with the objectives of the national programmes defined in Article 19 of this Regulation, as regards actions relating to the enhancement of Member States’ capacity to develop, monitor and evaluate their asylum policies and procedures, the Fund shall support, in particular, the following actions:
actions enhancing the capacity of Member States — including in relation to the mechanism for early warning, preparedness and crisis management established in Regulation (EU) No 604/2013 of the European Parliament and of the Council ( 1 ) — to collect, analyse and disseminate qualitative and quantitative data and statistics on asylum procedures, reception capacities, resettlement and the transfer of applicants for and/or beneficiaries of international protection from one Member State to another;
actions enhancing the capacity of Member States to collect, analyse and disseminate country-of-origin information;
actions directly contributing to the evaluation of asylum policies, such as national impact assessments, surveys amongst target groups and other relevant stakeholders, and to the development of indicators and benchmarking.
Article 7
Resettlement, transfer of applicants for, and beneficiaries of, international protection and other ad hoc humanitarian admission
Within the specific objective laid down in points (a) and (d) of the first subparagraph of Article 3(2) of this Regulation, in the light of the outcome of the policy dialogue as provided for in Article 13 of Regulation (EU) No 514/2014, and in accordance with the objectives of the national programmes defined in Article 19 of this Regulation, the Fund shall support, in particular, the following actions related to resettlement of any third country national who is being resettled or has been resettled in a Member State, and other humanitarian admission programmes:
the establishment and development of national resettlement programmes and strategies and other humanitarian admission programmes, including needs analysis, improvement of indicators and evaluation;
the establishment of appropriate infrastructure and services to ensure the smooth and effective implementation of resettlement actions and actions concerning other humanitarian admission programmes, including language assistance;
the setting up of structures, systems and training of staff to conduct missions to the third countries and/or other Member States, to carry out interviews and to conduct medical and security screening;
the assessment of potential resettlement cases and/or cases of other humanitarian admission by the competent Member States’ authorities, such as conducting missions to the third country, carrying out interviews and conducting medical and security screening;
pre-departure health assessment and medical treatment, pre-departure material provisions, pre-departure information and integration measures and travel arrangements, including the provision of medical escort services;
information and assistance upon arrival or shortly thereafter, including interpretation services;
actions for family reunification purposes for persons being resettled in a Member State;
the strengthening of infrastructure and services relevant to migration and asylum in the countries designated for the implementation of Regional Protection Programmes;
creating conditions conducive to the integration, autonomy and self-reliance of resettled refugees on a long-term basis.
CHAPTER III
INTEGRATION OF THIRD-COUNTRY NATIONALS AND LEGAL MIGRATION
Article 8
Immigration and pre-departure measures
Within the specific objective laid down in point (b) of the first subparagraph of Article 3(2) of this Regulation, in the light of the outcome of the policy dialogue as provided for in Article 13 of Regulation (EU) No 514/2014, and in accordance with the objectives of the national programmes defined in Article 19 of this Regulation, the Fund shall support actions taking place in a third country which focus on third-country nationals who comply with specific pre-departure measures and/or conditions set out in national law and in accordance with Union law where applicable, including those relating to the ability to integrate in the society of a Member State. In this context, the Fund shall support, in particular, the following actions:
information packages and campaigns to raise awareness and promote intercultural dialogue, including via user-friendly communication and information technology and websites;
the assessment of skills and qualifications, as well as enhancement of transparency and compatibility of skills and qualifications in a third country with those of a Member State;
training enhancing employability in a Member State;
comprehensive civic orientation courses and language tuition;
assistance in the context of applications for family reunification within the meaning of Council Directive 2003/86/EC ( 2 ).
Article 9
Integration measures
Within the specific objective laid down in point (b) of the first subparagraph of Article 3(2) of this Regulation, in the light of the outcome of the policy dialogue as provided for in Article 13 of Regulation (EU) No 514/2014, and in accordance with the objectives of the national programmes defined in Article 19 of this Regulation, the Fund shall support actions which take place in the framework of consistent strategies, taking into account the integration needs of third-country nationals at local and/or regional level. In this context, the Fund shall support, in particular, the following actions focusing on third-country nationals who are residing legally in a Member State or, where appropriate, who are in the process of acquiring legal residence in a Member State:
setting up and developing such integration strategies with the participation of local or regional actors, where appropriate, including needs analysis, the improvement of integration indicators, and evaluation, including participatory assessments, in order to identify best practices;
providing advice and assistance in areas such as housing, means of subsistence, administrative and legal guidance, health, psychological and social care, child care and family reunification;
actions introducing third-country nationals to the receiving society and actions enabling them to adapt to it, to inform them about their rights and obligations, to participate in civil and cultural life and to share the values enshrined in the Charter of Fundamental Rights of the European Union;
measures focusing on education and training, including language training and preparatory actions to facilitate access to the labour market;
actions designed to promote self-empowerment and to enable third-country nationals to provide for themselves;
actions that promote meaningful contact and constructive dialogue between third-country nationals and the receiving society, and actions to promote acceptance by the receiving society, including through the involvement of the media;
actions promoting both equality of access and equality of outcomes in relation to third-country nationals’ dealings with public and private services, including adaptation of those services to dealing with third-country nationals;
capacity-building of beneficiaries, as defined in point (g) of Article 2 of Regulation (EU) No 514/2014, including through exchanges of experience and best practices, and networking.
Article 10
Practical cooperation and capacity-building measures
Within the specific objective laid down in point (b) of the first subparagraph of Article 3(2) of this Regulation, in the light of the outcome of the policy dialogue as provided for in Article 13 of the Regulation (EU) No 514/2014, and in accordance with the objectives of the national programmes defined in Article 19 of this Regulation, the Fund shall support actions focusing on one or more of the following:
building up strategies promoting legal migration with a view to facilitating the development and implementation of flexible admission procedures;
supporting cooperation between third countries and the recruitment agencies, the employment services and the immigration services of Member States, as well as supporting Member States in their implementation of Union migration law, consultation processes with relevant stakeholders and expert advice or information exchanges on approaches which target specific nationalities or categories of third-country nationals with respect to the needs of the labour markets;
reinforcing the capacity of Member States to develop, implement, monitor and evaluate their immigration strategies, policies and measures across the different levels and departments of administrations, in particular enhancing their capacity to collect, analyse and disseminate detailed and systematic data and statistics on migration procedures and flows and residence permits, and develop monitoring tools, evaluation schemes, indicators and benchmarking for measuring the achievement of those strategies;
training of beneficiaries as defined in point (g) of Article 2 of Regulation (EU) No 514/2014 and of staff providing public and private services, including educational institutions, promoting the exchange of experiences and best practices, cooperation and networking, and intercultural capacities, as well as improving the quality of services provided;
building sustainable organisational structures for integration and diversity management, in particular through cooperation between different stakeholders enabling officials at various levels of national administrations to swiftly acquire information about experiences and best practices elsewhere and, where possible, to pool resources between relevant authorities as well as between governmental and non-governmental bodies to provide services to third-country nationals more effectively, inter alia, through one-stop-shops (i.e. coordinated integration-support centres);
contributing to a dynamic two-way process of mutual interaction, underlying integration strategies at local and regional level by developing platforms for the consultation of third-country nationals, exchanges of information among stakeholders and intercultural and religious dialogue platforms between third-country nationals’ communities, between those communities and the receiving society and/or between those communities and policy and decision-making authorities;
actions to promote and reinforce the practical cooperation between the relevant authorities of Member States, with a focus on, inter alia, exchanges of information, best practices and strategies, and the development and implementation of joint actions, including with a view to safeguarding the integrity of the immigration systems of Member States.
CHAPTER IV
RETURN
Article 11
Measures accompanying return procedures
Within the specific objective laid down in point (c) of the first subparagraph of Article 3(2) of this Regulation, in the light of the outcome of the policy dialogue as provided for in Article 13 of Regulation (EU) No 514/2014, and in accordance with the objectives of the national programmes defined in Article 19 of this Regulation, as regards measures accompanying return procedures, the Fund shall focus on one or more of the following categories of third-country nationals:
third-country nationals who have not yet received a final negative decision in relation to their request to stay, their legal residence and/or international protection in a Member State, and who may choose to make use of voluntary return;
third-country nationals enjoying the right to stay, legal residence and/or international protection within the meaning of Directive 2011/95/EU, or temporary protection within the meaning of Directive 2001/55/EC in a Member State, and who have chosen to make use of voluntary return;
third-country nationals who are present in a Member State and do not or no longer fulfil the conditions for entry and/or stay in a Member State, including those third-country nationals whose removal has been postponed in accordance with Article 9 and Article 14(1) of Directive 2008/115/EC.
In this context, the Fund shall support, in particular, the following actions focusing on the categories of persons referred to in the first subparagraph:
the introduction, development and improvement of alternative measures to detention;
the provision of social assistance, information or help with administrative and/or judicial formalities and information or counselling;
the provision of legal aid and language assistance;
specific assistance for vulnerable persons;
the introduction and improvement of independent and effective systems for monitoring enforced return, as laid down in Article 8(6) of Directive 2008/115/EC;
the establishment, maintenance and improvement of accommodation, reception or detention infrastructure, services and conditions;
the setting-up of administrative structures and systems, including IT tools;
the training of staff to ensure smooth and effective return procedures, including their management and implementation.
Article 12
Return measures
Within the specific objective laid down in point (c) of the first subparagraph of Article 3(2) of this Regulation, in the light of the outcome of the policy dialogue as provided for in Article 13 of Regulation (EU) No 514/2014, and in accordance with the objectives of the national programmes defined in Article 19 of this Regulation, as regards return measures the Fund shall support actions focusing on the persons referred to in Article 11 of this Regulation. In this context, the Fund shall support, in particular, the following actions:
measures necessary for the preparation of return operations, such as those leading to the identification of third-country nationals, to the issuing of travel documents and to family tracing;
cooperation with the consular authorities and immigration services of third countries with a view to obtaining travel documents, facilitating repatriation and ensuring readmission;
assisted voluntary return measures, including medical examinations and assistance, travel arrangements, financial contributions and pre- and post-return counselling and assistance;
removal operations, including related measures, in accordance with the standards laid down in Union law, with the exception of coercive equipment;
measures to launch the progress of reintegration for the returnee’s personal development, such as cash-incentives, training, placement and employment assistance and start-up support for economic activities;
facilities and services in third countries ensuring appropriate temporary accommodation and reception upon arrival;
specific assistance for vulnerable persons.
Article 13
Practical cooperation and capacity-building measures
Within the specific objective laid down in point (c) of the first subparagraph of Article 3(2) of this Regulation, in the light of the outcome of the policy dialogue as provided for in Article 13 of Regulation (EU) No 514/2014, and in accordance with the objectives of the national programmes defined in Article 19 of this Regulation, as regards practical cooperation and capacity-building measures the Fund shall support, in particular, the following actions:
actions to promote, develop and reinforce operational cooperation and information exchange between the return services and other authorities of Member States involved in return, including as regards cooperation with the consular authorities and immigration services of third countries and joint return operations;
actions to support cooperation between third countries and the return services of Member States, including measures aiming to strengthen third countries’ capacities to conduct readmission and reintegration activities, in particular in the framework of readmission agreements;
actions enhancing the capacity to develop effective and sustainable return policies, in particular by exchanging information on the situation in countries of return, best practices, sharing experiences and pooling resources between Member States;
actions enhancing the capacity to collect, analyse and disseminate detailed and systematic data and statistics on return procedures and measures, reception and detention capacities, enforced and voluntary returns, monitoring and reintegration;
actions directly contributing to the evaluation of return policies, such as national impact assessments, surveys amongst target groups, the development of indicators and benchmarking;
information measures and campaigns in third countries aimed at raising awareness of the appropriate legal channels for immigration and the risks of illegal immigration.
CHAPTER V
FINANCIAL AND IMPLEMENTATION FRAMEWORK
Article 14
Global resources and implementation
The global resources shall be implemented through the following means:
national programmes, in accordance with Article 19;
Union actions, in accordance with Article 20;
emergency assistance, in accordance with Article 21;
the European Migration Network, in accordance with Article 22;
technical assistance, in accordance with Article 23.
Without prejudice to the prerogatives of the European Parliament and of the Council, the prime reference financial envelope shall be used indicatively as follows:
EUR 2 752 million for national programmes of Member States;
EUR 385 million for Union actions, emergency assistance, the European Migration Network and technical assistance of the Commission, of which at least 30 % shall be used for Union actions and the European Migration Network.
Article 15
Resources for eligible actions in the Member States
The amount of EUR 2 752 million shall be allocated to the Member States indicatively as follows:
EUR 2 392 million shall be allocated as indicated in Annex I. Member States shall allocate at least 20 % of those resources to the specific objective referred to in point (a) of the first subparagraph of Article 3(2), and at least 20 % to the specific objective referred to in point (b) of the first subparagraph of Article 3(2). Member States may depart from those minimum percentages only where a detailed explanation is included in the national programme as to why allocating resources below this level does not jeopardise the achievement of the objective. As far as the specific objective referred to in point (a) of the first subparagraph of Article 3(2) is concerned, those Member States faced with structural deficiencies in the area of accommodation, infrastructure and services shall not fall below the minimum percentage laid down in this Regulation;
EUR 360 million shall be allocated on the basis of the distribution mechanism for specific actions as referred to in Article 16, for the Union Resettlement Programme as referred to Article 17, and for the transfer of beneficiaries of international protection from one Member State to another as referred to in Article 18.
The amount referred to in point (b) of paragraph 1 shall support:
specific actions listed in Annex II;
the Union Resettlement Programme in accordance with Article 17 and/or transfers of beneficiaries of international protection from one Member State to another in accordance with Article 18.
Article 16
Resources for specific actions
Article 17
Resources for the Union Resettlement Programme
The common Union resettlement priorities shall be based on the following general categories of persons:
persons from a country or region designated for the implementation of a Regional Protection Programme;
persons from a country or region which has been identified in the UNHCR resettlement forecast and where Union common action would have a significant impact on addressing the protection needs;
persons belonging to a specific category falling within the UNHCR resettlement criteria.
The following vulnerable groups of persons shall also qualify for the lump sum provided for in paragraph 2:
women and children at risk;
unaccompanied minors;
persons having medical needs that can be addressed only through resettlement;
persons in need of emergency resettlement or urgent resettlement for legal or physical protection needs, including victims of violence or torture.
Article 18
Resources for the transfer of applicants for international protection or of beneficiaries of international protection
In respect of amounts stemming from the provisional measures established by Council Decisions (EU) 2015/1523 ( 3 ) and (EU) 2015/1601 ( 4 ), with a view to enhancing solidarity and in accordance with Article 80 TFEU, Member States shall allocate at least 20 % of those amounts to actions under the national programmes for the transfer of applicants for international protection or of beneficiaries of international protection, for resettlement or other ad hoc humanitarian admissions, as well as for preparatory measures for the transfer of applicants for international protection following their arrival in the Union, including arrival by sea, or for the transfer of beneficiaries of international protection. Such measures shall not include any measures related to detention. Where a Member State recommits or transfers resources below that minimum percentage, it shall not be possible to transfer the difference between the recommitted or transferred amount and the minimum percentage to other actions under the national programme.
Article 19
National programmes
Under the national programmes to be examined and approved in accordance with Article 14 of Regulation (EU) No 514/2014, Member States shall, within the objectives laid down in Article 3 of this Regulation, and taking account of the outcome of the policy dialogue referred to in Article 13 of Regulation (EU) No 514/2014, pursue in particular the following objectives:
strengthening the establishment of the Common European Asylum System by ensuring the efficient and uniform application of the Union acquis on asylum and the proper functioning of Regulation (EU) No 604/2013. Such actions may also include the establishment and development of the Union Resettlement Programme;
setting up and developing integration strategies, encompassing different aspects of the two-way dynamic process, to be implemented at national/local/regional level where appropriate, taking into account the integration needs of third-country nationals at local/regional level, addressing specific needs of different categories of migrants and developing effective partnerships between relevant stakeholders;
developing a return programme, which includes a component on assisted voluntary return and, where appropriate, on reintegration.
Article 20
Union actions
To be eligible for funding, Union actions shall, in particular, support:
the furthering of Union cooperation in implementing Union law and in sharing best practices in the field of asylum, notably on resettlement and the transfer of applicants for and/or beneficiaries of international protection from one Member State to another, including through networking and exchanging information, on legal migration, on integration of third-country nationals, including arrival support and coordination activities to promote resettlement with the local communities that are to welcome resettled refugees, and on return;
the setting-up of transnational cooperation networks and pilot projects, including innovative projects, based on transnational partnerships between bodies located in two or more Member States designed to stimulate innovation and to facilitate exchanges of experiences and best practices;
studies and research on possible new forms of Union cooperation in the field of asylum, immigration, integration and return and relevant Union law, the dissemination and exchange of information on best practices and on all other aspects of asylum, immigration, integration and return policies, including corporate communication on the political priorities of the Union;
the development and application by Member States of common statistical tools, methods and indicators for measuring policy developments in the field of asylum, legal migration and integration and return;
preparatory, monitoring, administrative and technical support and the development of an evaluation mechanism required to implement the policies on asylum and immigration;
cooperation with third countries on the basis of the Union’s Global Approach to Migration and Mobility, in particular in the framework of the implementation of readmission agreements, Mobility Partnerships and Regional Protection Programmes;
information measures and campaigns in third countries aimed at raising awareness of appropriate legal channels for immigration and the risks of illegal immigration.
Article 21
Emergency assistance
Article 22
European Migration Network
Decision 2008/381/EC is amended as follows:
point (a) of Article 4(5) is replaced by the following:
prepare and approve the draft work programme of activities, notably with regard to the objectives, thematic priorities and indicative amounts of the budget for each National Contact Point to ensure the proper functioning of the EMN, on the basis of a draft from the Chair;’;
Article 6 is amended as follows:
paragraph 4 is replaced by the following:
paragraphs 5 to 8 are deleted;
Article 11 is deleted;
Article 12 is deleted.
Article 23
Technical assistance
Article 24
Coordination
The Commission and the Member States, together with the European External Action Service where appropriate, shall ensure that actions in and in relation to third countries are taken in synergy and in coherence with other actions outside the Union supported through Union instruments. They shall, in particular, ensure that those actions:
are coherent with the Union’s external policy, respect the principle of policy coherence for development and are consistent with the strategic programming documents for the region or country in question;
focus on non-development-oriented measures;
serve the interests of the Union’s internal policies and are consistent with activities undertaken inside the Union.
CHAPTER VI
FINAL PROVISIONS
Article 25
Specific provisions concerning lump sums for resettlement and transfer of ►M1 applicants for international protection or of beneficiaries of international protection ◄ from one Member State to another
By way of derogation from the rules on the eligibility of expenditure laid down in Article 18 of Regulation (EU) No 514/2014, in particular as regards the lump sums and flat rates, the lump sums allocated to the Member States for resettlement and/or the transfer of ►M1 applicants for international protection or of beneficiaries of international protection ◄ from one Member State to another pursuant to this Regulation shall be:
exempt from the obligation that they are to be based on statistical or historic data; and
granted provided that the person in respect of whom the lump sum is allocated was effectively resettled and/or transferred in accordance with this Regulation.
Article 26
Exercise of the delegation
Article 27
Committee procedure
Article 28
Review
The European Parliament and the Council shall, on the basis of a proposal of the Commission, review this Regulation by 30 June 2020.
Article 29
Applicability of Regulation (EU) No 514/2014
The provisions of Regulation (EU) No 514/2014 shall apply to the Fund, without prejudice to Article 4 of this Regulation.
Article 30
Repeal
Decisions No 573/2007/EC, No 575/2007/EC and 2007/435/EC are repealed with effect from 1 January 2014.
Article 31
Transitional provisions
Article 32
Entry into force and application
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2014.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
ANNEX I
Multiannual breakdowns per Member State for the period 2014-2020 (in EUR)
Member State |
Minimum amount |
% average 2011-2013 allocations ERF+IF+RF |
Average amount 2011-2013 |
TOTAL |
AT |
5 000 000 |
2,65 % |
59 533 977 |
64 533 977 |
BE |
5 000 000 |
3,75 % |
84 250 977 |
89 250 977 |
BG |
5 000 000 |
0,22 % |
5 006 777 |
10 006 777 |
CY |
10 000 000 |
0,99 % |
22 308 677 |
32 308 677 |
CZ |
5 000 000 |
0,94 % |
21 185 177 |
26 185 177 |
DE |
5 000 000 |
9,05 % |
203 416 877 |
208 416 877 |
EE |
5 000 000 |
0,23 % |
5 156 577 |
10 156 577 |
ES |
5 000 000 |
11,22 % |
252 101 877 |
257 101 877 |
FI |
5 000 000 |
0,82 % |
18 488 777 |
23 488 777 |
FR |
5 000 000 |
11,60 % |
260 565 577 |
265 565 577 |
GR |
5 000 000 |
11,32 % |
254 348 877 |
259 348 877 |
HR |
5 000 000 |
0,54 % |
12 133 800 |
17 133 800 |
HU |
5 000 000 |
0,83 % |
18 713 477 |
23 713 477 |
IE |
5 000 000 |
0,65 % |
14 519 077 |
19 519 077 |
IT |
5 000 000 |
13,59 % |
305 355 777 |
310 355 777 |
LT |
5 000 000 |
0,21 % |
4 632 277 |
9 632 277 |
LU |
5 000 000 |
0,10 % |
2 160 577 |
7 160 577 |
LV |
5 000 000 |
0,39 % |
8 751 777 |
13 751 777 |
MT |
10 000 000 |
0,32 % |
7 178 877 |
17 178 877 |
NL |
5 000 000 |
3,98 % |
89 419 077 |
94 419 077 |
PL |
5 000 000 |
2,60 % |
58 410 477 |
63 410 477 |
PT |
5 000 000 |
1,24 % |
27 776 377 |
32 776 377 |
RO |
5 000 000 |
0,75 % |
16 915 877 |
21 915 877 |
SE |
5 000 000 |
5,05 % |
113 536 877 |
118 536 877 |
SI |
5 000 000 |
0,43 % |
9 725 477 |
14 725 477 |
SK |
5 000 000 |
0,27 % |
5 980 477 |
10 980 477 |
UK |
5 000 000 |
16,26 % |
365 425 577 |
370 425 577 |
MS Totals |
145 000 000 |
100,00 % |
2 247 000 000 |
2 392 000 000 |
ANNEX II
List of specific actions referred to in Article 16
Establishment and development in the Union of transit and processing centres for refugees, in particular to support resettlement operations in cooperation with the UNHCR.
New approaches, in cooperation with the UNHCR, concerning access to asylum procedures targeting main countries of transit, such as protection programmes for particular groups or certain procedures for examination of applications for asylum.
Joint initiatives amongst Member States in the field of integration, such as benchmarking exercises, peer reviews or testing of European modules, for example on the acquisition of language skills or the organisation of introductory programmes and with the aim of improving the coordination of policies between Member States, regions and local authorities.
Joint initiatives aimed at the identification and implementation of new approaches concerning the procedures at first encounter and standards of protection of and assistance for unaccompanied minors.
Joint return operations, including joint actions on the implementation of Union readmission agreements.
Joint reintegration projects in the countries of origin with a view to sustainable return, as well as joint actions to strengthen third countries’ capacities to implement Union readmission agreements.
Joint initiatives aimed at restoring family unity and reintegration of unaccompanied minors in their countries of origin.
Joint initiatives among Member States in the field of legal migration, including the setting up of joint migration centres in third countries, as well as joint projects to promote cooperation between Member States with a view to encouraging the use of exclusively legal migration channels and informing about the risks of illegal immigration.
In Member States facing high or disproportionate migratory pressure, or both, the establishment, development and operation of adequate reception and accommodation and detention facilities, and respective services, for applicants for international protection or third-country nationals who are present in a Member State and do not or no longer fulfil the conditions for entry or stay, or both, as well as housing support for beneficiaries of international protection.
ANNEX III
List of common Union resettlement priorities
The Regional Protection Programme in Eastern Europe (Belarus, Moldova, Ukraine).
The Regional Protection Programme in the Horn of Africa (Djibouti, Kenya, Yemen).
The Regional Protection Programme in North Africa (Egypt, Libya, Tunisia).
Refugees in the region of Eastern Africa/Great Lakes.
Iraqi refugees in Syria, Lebanon, Jordan.
Iraqi refugees in Turkey.
Syrian refugees in the region.
ANNEX IV
List of common indicators for the measurement of the specific objectives
To strengthen and develop all aspects of the Common European Asylum System, including its external dimension.
Number of target group persons provided with assistance through projects in the field of reception and asylum systems supported under the Fund.
For the purposes of annual implementation reports, as referred to in Article 54 of Regulation (EU) No 514/2014, this indicator shall be further broken down in sub-categories such as:
Capacity (i.e. number of places) of 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 under the Fund and percentage in the total reception accommodation capacity;
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;
Number of country-of-origin information products and fact-finding missions conducted with the assistance of the Fund;
Number of projects supported under the Fund to develop, monitor and evaluate asylum policies in Member States;
Number of persons resettled with support of the Fund.
To support legal migration to the Member States in accordance with their economic and social needs, such as labour market needs, while reducing the abuse of legal migration, and to promote the effective integration of third-country nationals.
Number of target group persons who participated in pre-departure measures supported under the Fund;
Number of target group persons assisted by the Fund through integration measures in the framework of national, local and regional strategies.
For the purposes of annual implementation reports, as referred to in Article 54 of Regulation (EU) No 514/2014, this indicator shall be further broken down in sub-categories such as:
Number of local, regional and national policy frameworks/measures/tools in place for the integration of third-country nationals and involving civil society and migrant communities, as well as all other relevant stakeholders, as a result of the measures supported under the Fund;
Number of cooperation projects with other Member States on the integration of third-country nationals supported under the Fund;
Number of projects supported under the Fund to develop, monitor and evaluate integration policies in Member States.
To enhance fair and effective return strategies in the Member States supporting the fight against illegal immigration with an emphasis on sustainability of return and effective readmission in the countries of origin and transit.
Number of persons trained on return-related topics with the assistance of the Fund;
Number of returnees who received pre or post return reintegration assistance co-financed by the Fund;
Number of returnees whose return was co-financed by the Fund, persons who returned voluntarily and persons who were removed;
Number of monitored removal operations co-financed by the Fund;
Number of projects supported under the Fund to develop, monitor and evaluate return policies in Member States.
To enhance the solidarity and responsibility sharing between the Member States, in particular towards those most affected by migration and asylum flows.
Number of applicants and beneficiaries of international protection transferred from one Member State to another with support of the Fund;
Number of cooperation projects with other Member States on enhancing solidarity and responsibility sharing between the Member States supported under the Fund.
( 1 ) Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).
( 2 ) Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 12).
( 3 ) Council Decision (EU) 2015/1523 of 14 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and of Greece (OJ L 239, 15.9.2015, p. 146).
( 4 ) Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece (OJ L 248, 24.9.2015, p. 80).