(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 in solidarity 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. [Am. 3]

(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 principle of solidarity and fair sharing of responsibility between the Member States as established in Article 80 of the Treaty on the Functioning of the European Union , and was confirmed in its mid-term review of September 2017 and the progress report of March and May 2018. [Am. 4]

(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. The European Council called moreover for voluntary resettlement programmes to be implemented and developed. [Am. 5]

(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’). [Am. 6]

(4a)

The Fund should fully respect human rights, comply with Agenda 2030, the principle of policy coherence for development, as set out in Article 208 TFEU, and the commitments at the international level in relation to migration and asylum, notably the Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration (GCM). [Am. 7]

(4b)

Managing the Fund from a development perspective should take into account the various root causes of migration such as conflict, poverty, lack of agricultural capacity, education and inequality. [Am. 8]

(5)

Actions supported by the Fund should be implemented in full compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union , including the right to the protection of personal data, and with the Union’s and Member States international obligations as regards fundamental rights , including the UN Convention on the Rights of the Child (UNCRC) and the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the Protocol of 31 January 1967 . [Am. 9]

(5a)

The principles of gender equality and of non-discrimination, which are among the Union’s core values, should be respected and promoted when implementing the Fund. The Fund should not support any action that contributes to any form of segregation or social exclusion. [Am. 10]

(5b)

In the implementation of the Fund, priority should be given to actions which address the situation of unaccompanied and separated minors through early identification and registration and to actions carried out in the best interests of the child. [Am. 11]

(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/EC of the European Parliament and the Council, the European Fund for the Integration of third-country nationals established by the Council Decision 2007/435/EC, the European Return Fund established by the Decision 575/2007/EC of the 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) No 516/2014 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 solidarity between Member States and 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 and humanitarian admission and the transfer of applicants for or beneficiaries of international protection between Member States, enhancing the protection of vulnerable asylum seekers such as children, supporting integration strategies and a more effective legal migration policy, so as creating safe and legal pathways to the Union which should also help 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. As an instrument of internal Union policy and the only funding instrument for asylum and migration at Union level, the Fund should primarily support actions on asylum and migration within the Union. However, within defined limits and subject to the appropriate safeguards, 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, to establish avenues on legal migration and to counter irregular migration and networks of smugglers and traffickers in human beings and ensure the sustainability of safe and dignified return and effective readmission to as well as reintegration in third countries. [Am. 12]

(8)

The migration crisis and the rising number of deaths in the Mediterranean over the past years highlighted the need to reform the Common European Asylum System and to put in place a fairer and more effective system of determining Member States’ responsibility for applicants for international protection as well as a framework for Member States’ resettlement and humanitarian admission efforts with a view to increasing the overall number of available resettlement places globally. At the same time, reform is needed to ensure that efficient and rights based asylum procedures to prevent secondary movements, are in place and accessible , and 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 effective and efficient return procedures for irregular migrants . 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. [Am. 13]

(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) Support Office with a view to facilitating and improving the functioning of the common European asylum system, by coordinating and strengthening practical cooperation and coordinating information exchange on asylum, in particular on good practices between Member States, promoting Union and international law and contributing through relevant guidance, including operational standards , to a uniform implementation of Union law 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 supporting the resettlement efforts of the Member States and provide providing 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. [Am. 14]

(9a)

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. [Am. 15]

(10)

The Fund should support the efforts by the Union and the Member States relating to the enhancement in the implementation of the Member States’ capacity to develop, monitor and evaluate their asylum policies in the light of their obligations under existing Union law , ensuring full respect of fundamental rights, in particular Directives 2013/33/EU  (4) (Reception Conditions Directive), 2013/32/EU  (5) (Asylum Procedures Directive), 2011/95/EU  (6) (Qualification Directive) and 2008/115/EC  (7) (Return Directive) of the European Parliament and of the Council, and Regulation (EU) No 604/2013 of the European Parliament and of the Council  (8) (Dublin Regulation) . [Am. 16]

(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. [Am. 17]

(11a)

The Fund should support the efforts made by Member States to provide international protection and a durable solution in their territories to refugees and displaced persons identified as eligible for resettlement or under national humanitarian admission schemes, which should take into account UNHCR Projected Global Resettlement Needs. To contribute in an ambitious and effective manner, the Fund should provide targeted assistance in the form of financial incentives for each person admitted or resettled. [Am. 18]

(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. [Am. 19]

(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) Union's structural 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 stages of integration, and horizontal actions supporting Member States’ capacities in the field of integration, whereas complemented by interventions for to promote the social and economic inclusion of third-country nationals with a longer-term impact should be financed under the ERDF and ESF+ structural funds . [Am. 20]

(13a)

The scope of the integration measures should also include beneficiaries of international protection in order to ensure a comprehensive approach to integration, taking into account the specificities of that target group. Where integration measures are combined with reception, actions should, where appropriate, also allow asylum seekers to be included. [Am. 21]

(14)

In this context, the authorities of the Member States responsible for the implementation of the Fund should be required to cooperate and establish coordination mechanisms with the authorities identified by Member States for the purpose of the management of the interventions of the ESF+ and of the ERDF structural funds, and wherever necessary with their managing authorities and with the managing authorities of other Union funds contributing to the integration of third-country nationals. Through these coordination mechanisms, the Commission should assess the coherence and complementarity between the funds, and the extent to which measures implemented through each fund contribute to the integration of third country nationals. [Am. 22]

(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 , thus supporting family unity in the best interests of the child , 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. [Am. 23]

(17)

Considering the crucial role played by local and regional authorities and civil society organisations their representative associations in the field of integration and to facilitate the direct access of these entities to funding at Union level, the Fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations, including through the use of the thematic facility and through a higher co-financing rate for these actions and the use of a dedicated component of the thematic facility where those local and regional authorities have the competence to carry out integration measures . [Am. 24]

(18)

Considering the long-term economic and demographic challenges faced by the Union and the increasingly globalised nature of migration , it is crucial to establish well-functioning legal migration channels to the Union to maintain the Union as an attractive destination for migrants regular migration, in accordance with Member States’ economic and social needs, and ensure the sustainability of welfare systems and growth of the Union economy , while protecting migrant workers from labour exploitation . [Am. 25]

(19)

The Fund should support Member States in setting up strategies organising and expanding legal migration pathways , 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 in particular Union legal instruments for legal migration . 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. [Am. 26]

(20)

An efficient and dignified 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, with an emphasis on voluntary returns, in particular as set out in Directive 2008/115/EC of the European Parliament and of the Council (9), 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 to facilitate and guarantee safe and dignified return and readmission as well as sustainable reintegration, of returnees as enshrined in the GCM . [Am. 27]

(21)

Member States should give preference to voluntary return and ensure effective, safe and dignified return of irregular migrants. Therefore, the Fund should give preferential support to actions related to voluntary return . In order to promote voluntary return this , 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 and long-term reintegration support . This kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost-effectiveness. The best interests of the child should be a primary consideration in all actions or decisions concerning children in migration, including returns, taking full account of the right of the child to express his or her views. [Am. 28]

(22)

While voluntary and returns should take priority over enforced returns , they 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. The Fund should support actions related to return of children only where such return is based on a positive assessment of the best interests of the child. [Am. 29]

(23)

Specific support measures for returnees , with a particular attention to their humanitarian and protection needs, in the Member States and in the countries of return can improve conditions of return and enhance their reintegration. Particular attention should be paid to vulnerable groups. Return decisions should be based on a comprehensive and careful assessment of the situation in the country of origin, including an evaluation of the absorption capacity at the local level. Specific measures and actions supporting countries of origin, and in particular vulnerable people, contribute to ensure the sustainability, safety and effectiveness of returns. These measures should be implemented with the active participation of local authorities, civil society and diasporas. [Am. 30]

(24)

Formal readmission agreements and other arrangements are an integral and crucial 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 the Fund should support their implementation in third countries should be supported in the interests of effective , safe and dignified return policies at national and Union level within defined limits and subject to the appropriate safeguards . [Am. 31]

(25)

In addition to supporting the return of persons as provided for in this Regulation integration of third country nationals or stateless persons within Member States , the Fund should also support other measures to counter irregular migration, address incentives for illegal migration or the circumventing of existing trafficking of migrants, to encourage and facilitate the establishment of legal migration rules, thereby safeguarding the integrity of Member States’ immigration systems in the countries of origin, in full compliance with the Principle of Coherence for Sustainable Development . [Am. 32]

(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 and endangers the rights of migrant workers, making them vulnerable to rights violations and abuse . The Fund should therefore support Member States, either directly or indirectly, in their implementation of Directive 2009/52/EC of the European Parliament and of the Council (10) which prohibits the employment of illegally staying third-country nationals , provides for a complaints and wage recuperation mechanism for exploited workers and provides for sanctions against employers who infringe that prohibition. [Am. 33]

(26a)

The Member States should support the requests of civil society and workers' associations, such as that concerning the establishment of a European network of reception workers of both genders, in order to connect all workers in Europe operating in the field of migration, to foster a decent welcome and an approach to migration based on human rights and the exchange of good practices in terms of reception and employment opportunities for migrants. [Am. 34]

(27)

The Fund should support Member States, either directly or indirectly, in their implementation of Directive 2011/36/EU of the European Parliament and of the Council (11), which sets forth provisions on assistance, support and protection of victims of trafficking in human beings. These measures should take into account the gender-specific nature of trafficking in human beings. When implementing the Fund, Member States should take into consideration that persons who are obliged to leave their habitual homes for reasons of sudden or progressive climate-related change in the environment that adversely affects their lives or living conditions, have a high risk of falling victims to trafficking in human beings. [Am. 35]

(27a)

The Fund should support in particular the identification and measures addressing the needs of vulnerable asylum seekers — such as unaccompanied minors, or victims of torture or of other serious forms of violence — as set out in the Union asylum acquis. [Am. 36]

(27b)

In order to achieve a fair and transparent distribution of resources among the objectives of the Fund, a minimum level of expenditure should be ensured for certain objectives, whether under direct, indirect, or shared management. [Am. 37]

(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 of the European Parliament and of the Council (12) , therefore contributing to effective without providing an additional funding stream to the European Integrated Border Management, as defined in Article 4 of that Regulation and Coast Guard Agency, for which the budgetary authority decides on an annual budget which should enable it to carry out all of its tasks . [Am. 38]

(29)

Synergies, consistency , complementarity and efficiency should be sought with other Union funds and any overlap or contradiction between actions should be avoided. [Am. 39]

(30)

The Fund should prioritise financing for actions within the Union itself. The Fund may finance measures in and in relation to third countries supported through the Fund which should be limited in financial terms, while adequate to reach the objectives of the Fund as laid down in Article 3 of this Regulation, and subject to appropriate safeguards. Such measures should complement other actions outside the Union supported through the Union’s external financing instruments. In particular, in implementing such actions, full coherence and complementarity 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 The principle of policy coherence for development , as set out in paragraph 35 of the European Consensus on Development, 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 be respected. Coherence with the humanitarian principles as set out in the European Consensus on Humanitarian Aid should be ensured during the implementation of emergency assistance . [Am. 40]

(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 Member State solidarity on asylum and migration in accordance with Article 80 TFEU, and to strengthening national and Union capabilities in the areas of asylum and migration. [Am. 41]

(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 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 transparency, 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. The implementation of the Fund should be guided by the principles of efficiency, effectiveness and quality of spending. Furthermore, the implementation of the Fund should be as user-friendly as possible. [Am. 43]

(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, migration, integration and return. Particular attention should be given to insular societies facing disproportionate migration challenges. [Am. 44]

(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, to develop legal migration and counter irregular migration through efficient , rights compliant and sustainable return policy, an additional amount should be allocated to the Member States at mid-term taking into account 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. [Am. 45]

(36)

To contribute to the achievement of the policy objective of the Fund, Member States and the Commission should ensure that their Member States’ programmes include actions addressing which contribute to achieving each of the specific objectives of this Regulation . They should ensure furthermore that the allocation of funding to the specific objectives serves those objectives in the best possible way and is based on the most up-to-date needs, that the programmes include a minimum level of expenditure with respect to those objectives, that the sharing of resources to objectives is in proportion to the challenges faced , 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. [Am. 46]

(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, actions of local and regional authorities, emergency assistance, resettlement and to provide additional support for Member States contributing to solidarity and responsibility efforts via a thematic facility. [Am. 47]

(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.

(38a)

Efforts made by Member States to fully and properly implement the Union asylum acquis, including to grant appropriate reception conditions to applicants for, and beneficiaries of, international protection, to ensure the correct determination of status, in accordance with Directive 2011/95/EU, to apply fair and effective asylum procedures, should be supported by the Fund, in particular when those efforts are directed to unaccompanied minors for whom costs are higher. Member States should therefore receive a lump sum for each unaccompanied minor who is granted international protection, however this lump sum should not be cumulative to additional funding provided under this Regulation for resettlement. [Am. 48]

(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 asylum and return immigration 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. [Am. 49]

(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 while respecting the need to provide adequate funding, in a fair and transparent manner, to achieve the objectives of the Fund. Through these actions the protection of fundamental rights in the implementation of the Fund should be ensured . [Am. 50]

(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 third country nationals, in one or more Member States which places significant and urgent demands on their reception and detention facilities, asylum and migration management systems and procedures, heavy or migratory pressures challenges or significant resettlement needs in third countries due to political developments, or conflicts or natural disasters , it should be possible to provide emergency assistance in accordance with the framework set out in this Regulation. [Am. 51]

(43)

This Regulation should ensure the continuation of the European Migration Network set up by Council Decision 2008/381/EC (13) 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. [Am. 52]

(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 (14)], for the European Parliament and the Council during the annual budgetary procedure.

(46)

Regulation (EU) No …/… [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]. In the event of conflicting provisions, this Regulation should take precedence over Regulation(EU) No X [CPR]. [Am. 53]

(48)

Regulation (EU) …/2021 [Common Provisions Regulation] establishes Beyond the framework for action for ERDF, ESF+, the Cohesion Fund, the European Maritime and Fisheries Fund (EMFF), setting up financial rules common to several Union funds, including the Asylum, and Migration Fund (AMF), 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. and Integration Fund ( AMIF ), it is therefore necessary to specify the objectives of AMF AMIF , and to lay down specific provisions concerning the type of activities that may be financed by AMF AMIF . [Am. 54]

(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 the Financial Regulation (15), Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (16), Council Regulation (Euratom, EC) No 2988/95 (17), Council Regulation (Euratom, EC) No 2185/96 (18) and Council Regulation (EU) 2017/1939 (19), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative and/or criminal sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European 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 criminal offences affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (20). In accordance with the Financial Regulation, any person or entity receiving Union funds is to cooperate fully in the protection of the Union’s financial interests to grant the necessary rights and access to the Commission, OLAF and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. Member States are to cooperate fully and give all the necessary assistance to the Union’s institutions, agencies and bodies in order to protect the Union’s financial interests. The results of investigations into irregularities or fraud in relation to the Fund should be made available to the European Parliament. [Am. 55]

(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.

(51a)

Where there is clear evidence that the legality of projects, or the legality and regularity of funding, or the performance of projects would be put in doubt as a result of a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU, the Commission should ensure that there is no funding available for these projects. [Am. 56]

(52)

Pursuant to Article 94 of Council Decision 2013/755/EU (21), 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.

(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’ (22), 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.

(53a)

Civil society organisations, local and regional authorities and national parliaments in the Member States and in third countries should be consulted during the process of programming, implementing and evaluating the programmes financed through the Fund. [Am. 57]

(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, including qualitative and quantitative 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 . To adequately fulfil its supervisory role, the Commission should be in a position to establish the amounts actually spent from the Fund in a given year. When reporting the annual accounts of their national programme to the Commission, Member States should therefore distinguish between recoveries, pre-financing payments to final beneficiaries and reimbursements of expenditure that was actually incurred. To facilitate the audit and the monitoring of the implementation of the Fund, the Commission should include these amounts in its annual implementation report for the Fund as well as monitoring results and implementation of actions of the Fund at local, regional, national and Union level, including specific projects and partners. The Commission should present a summary of the accepted annual performance reports to the European Parliament and of the Council [Common Provisions Regulation] and this Regulation every year. Reports outlining monitoring results and implementation of actions under the Fund at both Member States and Union level should be made publicly available and presented to the European Parliament . [Am. 58]

(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 over the MFF 2021-2027 period and an annual target of 30 % as soon as possible and at the latest by 2027 . Relevant actions will be identified during the Fund's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. [Am. 59]

(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 work programmes for the thematic facility, list of actions eligible for support by the instrument in Annex III, list of actions eligible for higher co-financing as listed in Annex IV, operating support provided for in Annex VII 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 with civil society organisations, including migrants and refugees organisations , 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. [Am. 60]

(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 of the European Parliament and of the Council (23). 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 objectives of this Regulation, namely to enhance solidarity between Member States contribute to an effective management of migration flows in the Union, in accordance with and to the implementation, strengthening and development of the common policy on asylum, and international subsidiary protection and temporary protection and of 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. [Am. 61]

(59)

In accordance with Article 3 of the Protocol 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].

(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],