EXPLANATORY MEMORANDUM
1.CONTEXT OF THE DELEGATED ACT
Regulation (EU) No 515/2014 of the European Parliament and of the Council 1 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa, empowers the Commission to adopt delegated acts pursuant to the conditions laid down in Article 17 of the Regulation.
In particular, Article 7(2) of Regulation (EU) No 515/2014 empowers the Commission to adopt delegated acts for the revision of the specific actions listed in Annex II to that Regulation, if deemed appropriate, including in the context of the mid-term review.
The dynamic nature of the migratory flows requires a common flexible approach that answers adequately to the policy developments and funding needs of the EU and its Member States, especially those consistently facing high and disproportionate migratory pressure at its external borders.
In this context, the Internal Security Fund, and in particular the instrument for external borders and visa, should be able to provide adequate financial support to border control measures, including the implementation of EU policies such as the hotspot approach, as outlined in the European Agenda on Migration put forward by the European Commission on 13 May 2015 2 and endorsed by the European Council of 25 and 26 June 2015 3 .
In the context of the mid-term review of the national programmes performed in the framework of Article 15 of Regulation (EU) No 514/2014, and taking into account the EU policy priorities highlighted above, additional funding needs were identified as regards border control activities, in particular in those Member States confronted with high and disproportionate migratory pressure at the external borders.
The need to support such efforts has been reiterated by the European Council in its conclusions of 28 June 2018 calling for increased cooperation with third countries to strengthen their border management capacities.
Such funding needs should be catered for as adequately as possible and using the most appropriate funding tool.
In this respect, taking into account the specificities of the related funding needs, topping up the Member States’ national programmes via the distribution key that was used for the distribution of each Member State's basic allocation is not the appropriate tool, as it would not allow to target particularly the identified needs of those Member States facing high and disproportionate migratory pressure and ensuring the border control of the EU external borders.
The use of Emergency Assistance is not an adequate option either, since it requires in principle very specific circumstances, namely an emergency situation as defined in point (f) of Article 2 of Regulation (EU) 515/2014. In addition, under Emergency Assistance funding is provided according to a project approach and for a short duration (as a rule maximum of 12 months), contrary to the multi-annual perspective of the funding provided through the national programme.
In light of the above, the provision of such extra funding through Specific Actions (SA) under the National Programmes (shared management) is the most adequate channel, as it allows for a more flexible adjustment to the dynamics and specificities of a particular situation, offering a tailor-made approach to support a specific activity in the concerned Member States under the Internal Security Fund, in its borders and visa component.
There are currently two specific actions listed in Annex II of Regulation (EU) No 515/2014. One is a joint action between at least two Member States and concerns consular cooperation, while the second one relates to the purchase of means of transport and operating equipment to be put at the disposal of the EBCG Agency in case of joint operations.
As the existing specific actions do not allow supporting the type of activities identified in the context of the mid-term review, there is a need to include a new specific action in the relevant annex of the Regulation (EU) 515/2014. This specific action would contribute to the reinforcement of border control activities (including border checks, first reception and border surveillance) as well as the implementation of the hotspot approach and, thus, support integrated border management, ensuring the effective control and protection of the external borders of the Union.
In addition, such amendment to the list of specific actions to respond to those particular needs of the Member States, as envisioned in the legal base of the instrument for financial support for external borders and visa, part of the Internal Security Fund, provides also an opportunity to enhance the EU added value in the context of the management of migratory flows.
2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
Pursuant to the Better Regulation rules and pursuant to recital 40 to Regulation (EU) 515/2014, when preparing delegated acts the Commission should carry out appropriate consultations, including at expert level. Such consultation took place, through written procedure, between 7 June and 24 June 2019.
Comments received from the experts from the Member States were duly taken into consideration in the drafting of this Commission Delegated Regulation.