Ref. Ares(2015)360867 - 29/01/2015
EUROPEAN COMMISSION
DIRECTORATE-GENERAL HOME AFFAIRS
Directorate E - Migration and Security Funds
Unit E1 - Programming
Brussels,
Subject:
Observations on the proposed multiannual national programme
under the Asylum, Migration and Integration Fund for Spain
Dear
Thank you for the proposed national programme under the Asylum, Migration and
Integration Fund for Spain formally submitted on 1 December 2014.
In accordance with Article 14(6) of Regulation (EU) No 514/2014 of the European
Parliament and of the Council (Horizontal Regulation)
"The Commission shall make
observations within three months of the date of submission of the proposed national
programme. Where the Commission considers that a proposed national programme is
inconsistent with the objectives of the Specific Regulation, in the light of the national
strategy, or that the Union funding to be allocated to those objectives is insufficient or
that the programme does not comply with Union law, it shall invite the Member State
concerned to provide all necessary additional information and, where appropriate, to
modify the proposed national programme. "
Following the examination by the Commission, we would like to provide you with our
observations at this stage of the process and invite you to present us with an amended
version of the programme as soon as possible.
In general, the proposed programme has been prepared against the background set up in
the applicable legal framework. Nevertheless, we would like to draw your attention to the
observations provided for each section and kindly ask you to modify the programme in
this respect.
We would like to assure that we stand ready to assist you in drafting the national
programme and speed up the approval process.
The period of six months set for the approval of the multiannual national programme by
the Commission referred to in Article 14(7) of Regulation (EU) No 514/2014 is hereby
suspended until an amended version of the programme is provided.
Yours sincerely,
Head of Unit
End.:
Annex: Observations on the proposed national programme
Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.
ANNEX: Observations on the proposed national programme
Identification of the designated authorities
1.
We take note that the designation of the Responsible Authority is only provisional and for
a duration of 12 months.
2.
In accordance with article 2 of Delegated Regulation n°1042/2014, we invite Spain to
transmit via SFC 2014 detailed information on the management and control system covering the
three points in Art. 2.4, notably the main division of responsibilities between the organisational
units of the Responsible Authority, its relationship with the delegated authority, the activities to
be delegated and the main procedures for supervising these delegated activities, as well as a
summary of the main procedures for processing financial claims from beneficiaries and for
authorising and recording expenditure.
3.
Moreover, in line with article 31 of Regulation n°514/2014, and to allow the Commission
to have a clear view on the reasons leading to the provisional designation as well as the content of
the action plan, we invite Spain to transmit also the respective audit reports.
Section 1: Executive summary
4.
The executive summary provides a good overview of Spain's strategy, objectives and
expected results as regards the three main specific objectives of the programme. To complete it, it
would be useful to have an explanation on the weight of funding from AMIF for the different
components of the programme.
Section 2: Baseline situation in the Member State
5.
Although the presentation of the baseline situation is much improved comparing to the
version informally submitted last July, further information is still necessary, in particular as
regards:
-
available figures for 2014 on number of asylum applications;
-
estimation of how many asylum seekers were accomodated in Ceuta and Melilla (the only
indication is 10% of the migrants accommodated there, with a mention in the return section of
9.000 persons in 2013);
-
information on the capacity of the centres in the Barajas (Madrid) International Airport
and El Prat (Barcelona) International Airport;
-
detailed information on the procedure applicable to those third country nationals who
submit an application at the entry points in Ceuta and Melilla, if that procedure is different from
the one applicable to the rest of applicants for international protection, e.g. if they are processed in
Ceuta and Melilla or are brought in land, if the time limit for the examination of such application
and other procedural guarantees differs from the ones applicable in land, if the reception
conditions are different (if for instance material rights differ from those provided to applicants
processed in land), as well as on the pending legislative changes related to the issue of access to
the asylum procedure in Ceuta and Melilla;
-
information on the expenditure on asylum procedures and the operation of the CIE
(Centros de Internamiento de Extranjeros).
Section 3: Programme objectives
SOI-Asylum
6.
The strategy and national objectives are relatively well presented and consistent with the
information provided in the executive summary and baseline situation. Some further information
would however be necessary, as regards the following aspects:
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7.
On National Objective 1
(Reception/Asylum)
-
The action related to EURODAC should be better explained, to avoid any risks of
overlapping with ISF. As there is no need to update the EURODAC system regarding asylum
following the recast EURODAC Regulation (the necessary changes related to the law
enforcement part of the Regulation can be covered by the ISF, should EU funding be necessary),
the stated need to reinforce the EURODAC system should be better explained;
-
Under NO 1 reference is made to the action "Improved information systems for file
processing and data management, incorporating information on vulnerable groups. These
improvements must enable compliance with EUROSTAT and EASO requirements." We believe
that such action would be better placed under N02.
-
Clarification should be provided on which component of the fund will be used to improve
the CETI, as it is mentioned both under the asylum and return sections of the AMIF, and how
much of the improved places (3.000 places according to the asylum indicator) the places in the
CETI represent.
-
Further information should be provided on the action "staff recruitment to enhance legal
assistance and interpretation services". Is it for the recruitment of Spain's administration staff? If
so, please give examples of how the legal assistance services would be enhanced? As you know,
in principle AMIF funding should not be used to hire national administration staff.
-
On training, reference should also be made to EASO training modules.
8.
On National Objective 2
(Evaluation) - Spain could make reference to EASO as regards
measures related to Country of Origin Information (COI). As regards information and data
collection, actions should also take into account and facilitate EU level data collection needs, with
reference both to Eurostat data collection based on Regulation (EC) 862/2007 and to the Early
Warning and Preparedness System (EPS) data collection launched by EASO as from March 2014.
9.
On National Objective 3
(Resettlement) - Spain refers to a number of 130 people (Syrian
refugees) already approved by the government for resettlement in 2014-2015 (this figure is
consistent with Spain's pledging in the ongoing exercise), plus 130 to be approved in December
2014 to be resettled in 2016. As numbers for the second group do not correspond to previous
information, further clarifications on this issue would be much appreciated.
502 - Integration / Legal Migration
10.
Considering that the Belgium's led Specific Action 3
(Joint Initiatives) titled "Establishing
a European Network for Public Service Interpreting and Translation (ENSPIT)", in which Spain
intended to participate, has not been selected for funding, reference to such action should be
deleted from the draft.
503 -
Return
11.
As regards National Objective 1
(Accompanying measures), when referring to the
construction of three new detention centres as one of the funding priorities, the draft should also
indicate the extra number of places that such new centres will provide.
12.
As regards National Objective 2
(Return measures) the draft indicates as target 30.000
voluntary returns and 60.000 forced ones. Considering that, according to the baseline situation,
there were 24.500 voluntary returns between 2009-2013 and 13.000 forced returns just in 2013,
those targets seem to be too low: further clarifications on this issue would be much appreciated.
13.
As regards Specific Action 6
(Joint reintegration), reference is made to the ERIN project
led by The Netherlands. Please confirm your participation in this action, indicating also whether
you intend to contribute financially to the action (if this is the case) and providing a short and
general indication (maximum 1 line) of Spain's potential role as participating Member State.
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14.
As regards Specific Action 7
(Joint family unity and unaccompanied minor reintegration),
reference is made to the project
"Organisation of joint reintegration projects targeted towards
UAM" lead by France. Please confirm your participation in this action, indicating also whether you
intend to contribute financially to the action (if this is the case) and providing a short and general
indication (maximum 1 line) of Spain's potential role as participating Member State.
S04 - Solidarity
15.
We note that Spain does not present any national strategy nor propose any actions under
this specific objective.
Section 5: Common Indicators and Programme Specific Indicators
16.
We note that no target is given for C.4 (Country of Origin Information (COI)), even
though such action is mentioned under Asylum's N02
(Evaluation).
Section 6: Framework for preparation and implementation of the programme by the Member
State
17.
The draft mentions coordination and complementarity with ESF and Frontex actions as
regards return, but does not mention EL) external relations instruments, which might be advisable
considering the actions that Spain proposes to implement as regards cooperation with third
countries.
Section 7: The financing plan of the programme
18.
Spain includes in the draft an amount of €2.6 million for special cases: it is not clear how
this amount has been calculated, so further clarifications on this point would be much appreciated.
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