link to page 1
COUNCIL OF
Brussels, 9 December 2013
THE EUROPEAN UNION
(OR. PUBLIC
en)
17431/13
Interinstitutional File:
2011/0366 (COD)
LIMITE
JAI 1122
ASIM 109
MIGR 139
ASILE 44
CADREFIN 352
CODEC 2855
NOTE
From:
Presidency
To:
Permanent Representatives Committee
No. Cion doc.:
17289/11 JAI 853 ASIM 124 MIGR 188 ASILE 118 CADREFIN 151 CODEC
2141
Subject:
Proposal for a Regulation of the European Parliament and of the Council
establishing the Asylum and Migration Fund
[First reading] - Outcome of the last trilogue meeting and mandate for the next round of
negotiations
INTRODUCTION
1.
On 17 November 2011, the Commission submitted to the Council the proposal for a
Regulation of the European Parliament and of the Council establishing the Asylum and
Migration Fund
1.
2.
The partial general approach was adopted on 19 December 2012. The negotiating position on
the budgetary provisions of the Regulation (Recitals 26a as well as Articles 14, 15, 17, 18, 19,
24 and Annex I) was adopted on 2 October 2013.
1
17289/11 JAI 853 ASIM 124 MIGR 188 ASILE 118 CADREFIN 151 CODEC 2141
17431/13
AA/es
1
DG D
LIMITE
EN
Conseil UE
3.
On this basis the Presidency engaged in the trilogues with the European Parliament. The
Council was regularly consulted at JHA Counsellors level.
4.
In the last trilogue held on 4 December 2013, the Presidency and the representatives of the EP
provisionally agreed on all the outstanding political and technical issues, with the exception of
a recital referring to Article 80 TFUE.
5.
The Presidency would like to draw the attention of the delegations to some issues that were
discussed in the last trilogue. Firstly, the Presidency and representatives of the EP agreed to
maintain distribution of funds in this Regulation as provided for in the Council position
agreed in Coreper on 2 October, including Annex 1 (national allocations) with one
amendment: minimum amounts for Malta and Cyprus would be increased to 10 mln euro by
reducing by 3 mln euro the allocations for centralized management (Union actions,
emergency assistance, etc.).
6.
Secondly, the Presidency and representatives of the EP agreed on the proposal of the
European Parliament as included in the Rapporteur’s letter sent to the Presidency on 22
November on the derogation clause in Recital 3 bis and Art. 15(1)(a)). On the request of the
Presidency the EP accepted reducing percentages and setting a minimum percentage of 20 %
for each of the objectives referred to in Art. 3(2)(a) and Article 3(2)(b).
7.
Thirdly, the Presidency reached an agreement with the EP representatives on deletion of the
definition of relocation in the Regulation text (Art. 2(b)) and inclusion of the possibility to
support the transfer of asylum seekers as well as beneficiaries of international protection
under the national programmes (Art. 7(2)).
8.
Fourthly, the principle of having a recital has been agreed as an alternative to mentioning
Art.80 TFEU as a legal basis for this regulation. The agreement, however, could not be
reached on the wording of such a recital. The EP side insisted in keeping the following
proposal:
17431/13
AA/es
2
DG D
LIMITE
EN
Article 80, second sentence, TFEU empowers the EU legislature to effectively apply the
principle of solidarity as provided for by Article 80, first sentence, TFEU, by conferring on
the legislature the power to adopt, whenever necessary, specific provisions which give effect,
in a concrete manner, to the principle of solidarity between Member States using appropriate
measures.
The EP side stressed the importance of this issue to the EP and did not agree to any change in
this language. The Presidency reiterated that this language was not acceptable to the Council
and proposed several compromise proposals, as presented in several earlier JHA Counsellors
meetings, as well as suggested using the previously agreed provisions referring to Article 80
TFEU in the Dublin Regulation or the European Refugee Fund. The EP side, however,
insisted to continue working on the proposed language by the EP and requested the
Presidency to verify if the mandate for this purpose could be obtained in Coreper. The
Presidency conveyed its reservation on the matter. The Council Legal Service holds strong
position that such formulation in the Recital is not acceptable. The Presidency invites the
delegations to take political decision whether the compromise package proposed by the
European Parliament as included in the Annex to this note is acceptable.
9.
Because of the late stage at which the agreement will be reached and the later than expected
publication date of the Regulation, the Presidency recommends to follow the approach on
retroactivity agreed horizontally (standard recital and provision) and to include the
retroactivity clause in this Regulation, in line with what was agreed on the ISF-Borders file.
10. In the light of the above, Coreper is invited to examine the outcome of negotiations with the
European Parliament on the draft Regulation, as set out in the fourth column of the annexed
table to this document, and to agree on a mandate for the Presidency for the next round of
negotiations with the EP on this Regulation.
17431/13
AA/es
3
DG D
LIMITE
EN
ANNEX
REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
Establishing the Asylum and Migration Fund
2011/0366(COD)
COM(2011)751
EP Position
Council Position
Comments
doc. 18010/12
REGULATION OF THE
REGULATION OF THE
REGULATION OF THE
Agreement on Council text.
EUROPEAN PARLIAMENT
EUROPEAN PARLIAMENT EUROPEAN PARLIAMENT
AND OF THE COUNCIL
AND OF THE COUNCIL
AND OF THE COUNCIL
establishing the Asylum and
establishing the Asylum, and
Migration Fund
establishing the Asylum and
Migration Fund
Migration and Integration Fund
17431/13
AA/es
1
ANNEX
DG D
LIMITE
EN
link to page 5 link to page 5 link to page 5 link to page 5 link to page 5 link to page 5
THE EUROPEAN
THE EUROPEAN
THE EUROPEAN PARLIAMENT EP suggestion:
PARLIAMENT AND THE
PARLIAMENT AND THE
AND THE COUNCIL OF THE New Recital:
COUNCIL OF THE EUROPEAN COUNCIL OF THE
EUROPEAN UNION,
"Article 80, second sentence, TFEU
UNION,
EUROPEAN UNION,
Having regard to the Treaty on the
empowers the EU legislature to
Having regard to the Treaty on the Having regard to the Treaty on
Functioning of the European
effectively apply the principle of
Functioning of the European
the Functioning of the European Union, and in particular Articles
solidarity as provided for by Article 80,
Union, and in particular Articles
Union, and in particular Article 78(2) and 79(2) and (4) thereof,
first sentence, TFEU, by conferring on
78(2) and 79(2) and (4) thereof,
78(2) and
, Article 79(2) and (4)
,
the legislature the power to adopt,
Having regard to the proposal from
whenever necessary, specific
Having regard to the proposal from
and Article 80 thereof,
[AM 5] the European Commission,
provisions which give effect, in a
the European Commission,
Having regard to the proposal
After transmission of the draft
concrete manner, to the principle of
After transmission of the draft
from the European Commission, legislative act to the national
solidarity between Member States
legislative act to the national
After transmission of the draft
Parliaments,
using appropriate measures".
Parliaments,
legislative act to the national
Having regard to the opinion of the
Having regard to the opinion of the
parliaments,
European Economic and Social
Political Declaration by Commission
European Economic and Social
Having regard to the opinion of Committee
6,
similar as the one in the amendment to
Committee
2,
the European Economic and
Having regard to the opinion of the the ERF:
Having regard to the opinion of the Social Committee
4,
Committee of the Regions
7,
"The Commission, in a spirit of
Committee of the Regions
3,
Having regard to the opinion of
compromise and in order to ensure the
Acting in accordance with the
immediate adoption of the proposal,
Acting in accordance with the
the Committee of the Regions
5, ordinary legislative procedure,
supports the final text; however it notes
ordinary legislative procedure,
Acting in accordance with the
that this is without prejudice to its right
Whereas:
ordinary legislative procedure,
of initiative with regard to the choice of
Whereas:
Whereas:
legal bases, in particular in reference to
2
OJ C , , p. .
3
OJ C , , p. .
4
OJ C , p. .
5
OJ C , , p. .
6
OJ C , , p. .
7
OJ C , , p. .
17431/13
AA/es
2
ANNEX
DG D
LIMITE
EN
the future use of Article 80 TFEU."
(1) The Union's objective to
(1) The Union's objective to
(1) The Union's objective to
constitute an area of freedom,
constitute an area of freedom,
constitute an area of freedom,
security and justice, should be
security and justice, should be
security and justice, should be
achieved, inter alia, through
achieved, inter alia, through
achieved, inter alia, through
common measures framing a
common measures framing a
common measures framing a policy
policy on asylum and immigration, policy on asylum and
on asylum and immigration, based
based on solidarity between
immigration, based on solidarity on solidarity between Member
Member States, which is fair
between Member States, which States, which is fair towards third-
towards third-countries and their
is fair towards
third countries
countries and their nationals. The
nationals. The European Council
and their nationals. The
European Council of 2 December
of 2 December 2009 recognised
European Council of 2
2009 recognised that financial
that financial resources within the
December 2009 recognised that resources within the Union should
Union should be made increasingly financial resources within the
be made increasingly flexible and
flexible and coherent, both in
Union should be made
coherent, both in terms of scope
terms of scope and of applicability, increasingly flexible and
and of applicability, to support
to support policy developments in coherent, both in terms of scope policy developments in the field of
the field of asylum and migration. and of applicability, to support
asylum and migration.
policy developments in the field
of asylum and migration.
Agreement on:
(1a) The Fund should reflect the need
for increased flexibility and
simplification while respecting
requirements in terms of predictability,
and ensuring a fair and transparent
distribution of resources to meet the
general and specific objectives laid
17431/13
AA/es
3
ANNEX
DG D
LIMITE
EN
down in this Regulation.
(1b) Efficiency of measures and quality
of spending constitute guiding
principles in the implementation of the
Fund. Furthermore, the Fund should
also be implemented in the most
effective and user-friendly manner
possible.
Agreement on :
(1c) The new two-pillar structure
should contribute to the
simplification, rationalisation,
consolidation and transparency of
home affairs funding. Synergies,
consistency and complementarity
should be sought between different
funds and programmes, including
with a view to the allocation of
funding to common objectives.
Overlap between the different
funding instruments should be
avoided, however.
17431/13
AA/es
4
ANNEX
DG D
LIMITE
EN
Agreement on:
(1d) The Fund should create a flexible
framework allowing Member States
to receive financial resources under
their national programmes to support
the policy areas under this Fund
according to their specific situation
and needs, and in the light of general
and specific objectives of the Fund,
for which the financial support would
be the most effective and appropriate.
(2) In order to contribute to the
(2) In order to contribute to the
(2) In order to contribute to the
Agreement on Council text.
development of the common
development of the common
development of the common Union
Union policy on asylum and
Union policy on asylum and
policy on asylum and immigration
immigration and to the
immigration and to the
and to the strengthening of the area
strengthening of the area of
strengthening of the area of
of freedom, security and justice in
freedom, security and justice in the freedom, security and justice in the light of the application of the
light of the application of the
the light of the application of the principles of solidarity and
principles of solidarity and
principles of solidarity and
responsibility sharing between the
responsibility sharing between the responsibility sharing between
Member States and cooperation
Member States and cooperation
the Member States and
with third countries, this
with third countries, this
cooperation with third countries, Regulation should establish the
Regulation should establish the
this Regulation
establishes the
Asylum
(…) Migration
and
Asylum and Migration Fund
Asylum and Migration Fund
Integration Fund (hereinafter
(hereinafter referred to as 'the
(hereinafter referred to as 'the
referred to as 'the Fund').
Fund').
Fund').
17431/13
AA/es
5
ANNEX
DG D
LIMITE
EN
link to page 9
(2a) In its resolution of 8 June
Agreement to drop this amendment
2011 on Investing in the future:
a new Multiannual Financial
Framework (MFF) for a
competitive, sustainable and
inclusive Europe8, the
European Parliament stressed
the need for an integrated
approach towards pressing
immigration and asylum
questions as well as towards the
management of the external
borders of the Union, with
sufficient funding and support
tools to handle emergency
situations made available in a
spirit of respect for human
rights and solidarity among all
Member States, respecting
national responsibilities and a
clear definition of tasks. It
further noted that, in this
regard, the increased
challenges of Frontex, the
European Asylum Support
Office and the Funds on
Solidarity and Management of
Migration Flows need to be
duly taken into consideration.
[AM 6]
8
Texts adopted, P7_TA(2011)0266.
17431/13
AA/es
6
ANNEX
DG D
LIMITE
EN
(2b) In its resolution of 8 June
Renumbered as Recital 1c
2011, the European Parliament
further emphasised the need to
develop better synergies
between different funds and
programmes and pointed out
that the simplification of the
management of funds and
allowing cross-financing
enable the allocation of more
funds to common objectives,
welcomed the Commission's
intention to reduce the total
number of budgetary
instruments in the area of
home affairs in a two-pillar
structure and, where possible,
under shared management, and
opined that this approach
should contribute significantly
to an increased simplification,
rationalisation, consolidation
and transparency of the current
funds and programmes. It
stressed, however, the need to
ensure that the different
objectives of home affairs
policies will not be mixed up.
[AM 7]
17431/13
AA/es
7
ANNEX
DG D
LIMITE
EN
(3) The Fund should express
(3) The Fund should express
(3) The Fund should express
Identical
solidarity through financial
solidarity through financial
solidarity through financial
assistance to Member States. It
assistance to Member States. It
assistance to Member States. It
should enhance the effective
should enhance the effective
should enhance the effective
management of migration flows to management of migration flows management of migration flows to
the Union in areas where the
to the Union in areas where the the Union in areas where the Union
Union adds maximum value, in
Union adds maximum value, in adds maximum value, in particular
particular by sharing responsibility particular by sharing
by sharing responsibility between
between Member States and
responsibility between Member Member States and sharing
sharing responsibility and
States and sharing responsibility responsibility and strengthening
strengthening cooperation with
and strengthening cooperation
cooperation with third countries.
third countries.
with third countries.
Provisional agreement on:
New Recital 3 bis
In order to contribute to the
achievement of the general objective of
this Fund, Member States should
ensure that their national programmes
include actions addressing the specific
objectives of this Regulation and that
the allocation of resources between
objectives ensures that the objectives
can be met. In the unusual event that a
Member State wishes to derogate from
the minimum percentages laid down in
this Regulation, the Member State
concerned should provide a detailed
justification within its national
programme.
17431/13
AA/es
8
ANNEX
DG D
LIMITE
EN
(4) To ensure a uniform and high-
(4) To ensure a uniform and
(4) To ensure a uniform and high-
Identical
quality asylum policy and apply
high-quality asylum policy and
quality asylum policy and apply
higher standards of international
apply higher standards of
higher standards of international
protection, the Fund should
international protection, the
protection, the Fund should
contribute to the effective
Fund should contribute to the
contribute to the effective
functioning of the Common
effective functioning of the
functioning of the Common
European Asylum System, which
Common European Asylum
European Asylum System, which
encompasses measures relating to System, which encompasses
encompasses measures relating to
policy, legislation, capacity-
measures relating to policy,
policy, legislation, capacity-
building, acting in co-operation
legislation, capacity-building,
building, acting in co-operation
with other Member States, Union
acting in cooperation with other with other Member States, Union
Agencies and third-countries.
Member States, Union Agencies Agencies and third-countries.
and third-countries.
(4a) The Fund should create a
[Renumbered as Recital 1d]
flexible framework allowing
Member States to receive
financial resources under their
national programmes to support
the policy areas under this Fund
according to their specific
situation and needs, and in the
light of general and specific
objectives of the Fund, for which
the financial support would be
the most effective and
appropriate.
17431/13
AA/es
9
ANNEX
DG D
LIMITE
EN
link to page 13
(4b) In order to measure
Agreement on Council text.
achievements of this Fund,
common indicators should be
established in relation to each
specific objective of this Fund.
The common indicators should
not affect the facultative or
mandatory nature of the
implementation of related actions
as laid down in this Regulation.
(5) It is appropriate to support and (5) It is appropriate to support
(5) It is appropriate to support and
EP/Council texts are the same
improve the efforts made by
and improve the efforts made by improve the efforts made by
Member States to fully and
Member States to fully and
Member States to fully and
properly implement the Union
properly implement the Union
properly implement the Union
asylum
acquis, in particular to
asylum
acquis, in particular to
asylum
acquis, in particular to
grant appropriate reception
grant appropriate reception
grant appropriate reception
conditions to asylum seekers,
conditions to asylum seekers,
conditions to asylum seekers,
displaced persons and beneficiaries displaced persons and
displaced persons and beneficiaries
of international protection, to
beneficiaries of international
of international protection, to
ensure correct determination of
protection, to ensure correct
ensure correct determination of
status, in accordance with Council determination of status, in
status, in accordance with
(…)
Directive 2004/83/EC of 29 April
accordance
with Directive
Directive
(…) 2011/95/EU of the
2004 on minimum standards for
2011/95/EU of
the European
European Parliament and of the
the qualification and status of
Parliament and of the Council
Council of
(…)13 December
third-country nationals or stateless
of 13 December 2011 on
2011 on
(…)standards for the
persons as refugees or as persons
standards for the qualification
qualification
(…) of third-country
who otherwise need international
of third-country nationals or
nationals or stateless persons as
protection and the content of the
stateless persons as
beneficiaries of international
protection granted
9, to apply fair
beneficiaries of international
protection, for a uniform status
and effective asylum procedures
protection, for a uniform status for refugees or
(…) for persons
9
OJ L 304, 30.9.2004, p. 12.
17431/13
AA/es
10
ANNEX
DG D
LIMITE
EN
link to page 14 link to page 14
and to promote good practice in
for refugees or for persons
(…) eligible for subsidiary
the field of asylum so as to protect
eligible for subsidiary
protection
, and
for the content of
the rights of persons requiring
protection, and for the content
the protection granted
11, to apply
international protection and enable
of the protection granted10, to
fair and effective asylum
Member States asylum systems to apply fair and effective asylum
procedures and to promote good
work efficiently.
procedures and to promote good practice in the field of asylum so as
practice in the field of asylum so to protect the rights of persons
as to protect the rights of
requiring international protection
persons
seeking international
and enable Member States asylum
protection and enable Member
systems to work efficiently.
States asylum systems to work
efficiently.
(6) The Fund should offer
(6) The Fund should offer
(6) The Fund should offer adequate
adequate support to joint efforts by adequate support to joint efforts support to joint efforts by Member
Member States to identify, share
by Member States to identify,
States to identify, share and
and promote best practices and
share and promote best practices promote best practices and
establish effective cooperation
and establish effective
establish effective cooperation
structures in order to enhance the
cooperation structures in order
structures in order to enhance the
quality of decision-making in the
to enhance the quality of
quality of decision-making in the
framework of the Common
decision-making in the
framework of the Common
European Asylum System.
framework of the Common
European Asylum System.
European Asylum System.
10
OJ L 304, 30.9.2004, p. 12.
11
OJ L 304, 30.9.2004, p. 12.
17431/13
AA/es
11
ANNEX
DG D
LIMITE
EN
link to page 15 link to page 15 link to page 15 link to page 15
(7) This Fund should complement (7)
The Fund should
(7) This Fund should complement
Agreement on:
and reinforce the activities
complement and reinforce the
and reinforce the activities
undertaken by the European
activities undertaken by the
undertaken by the European
(7) This Fund should complement and
Asylum Support Office (EASO)
European Asylum Support
Asylum Support Office (EASO)
reinforce the activities undertaken by
established by Regulation (EU) No Office (EASO) established by
established by Regulation (EU) No the European Asylum Support Office
439/2010 of the European
Regulation (EU) No 439/2010
439/2010 of the European
(EASO) established by Regulation (EU)
Parliament and of the Council of
of the European Parliament and Parliament and of the Council of 19 No 439/2010 of the European
19 May 2010
12 with a view to
of the
Council13 with a view to
May 2010
14 with a view to
Parliament and of the Council of 19
coordinating practical cooperation coordinating practical
coordinating practical cooperation
May 2010
15 with a view to coordinating
between Member States on
cooperation between Member
between Member States on asylum, practical cooperation between Member
asylum, supporting Member States States on asylum, supporting
supporting Member States subject
States on asylum, supporting Member
subject to particular pressure on
Member States subject to
to particular pressure on their
States subject to particular pressure on
their asylum systems and
particular pressure on their
asylum systems and contributing to their asylum systems and contributing to
contributing to the implementation asylum systems and contributing the implementation of the Common the implementation of the Common
of the Common European Asylum to the implementation of the
European Asylum System.
European Asylum System.
System.
Common European Asylum
The Commission may make use of the
System.
possibility offered by the Financial
Regulation to entrust this Union Agency
with the implementation of specific and
ad hoc tasks,
such as the coordination
of Member States’ actions on
resettlement in accordance with
EASO Regulation (EU) No 439/2010.
12
OJ L 132, 29.5.2010, p. 11.
13
OJ L
337,
20.
12.
2011, p.
9.
14
OJ L 132, 29.5.2010, p. 11.
15
OJ L 132, 29.5.2010, p. 11.
17431/13
AA/es
12
ANNEX
DG D
LIMITE
EN
(8) The Fund should support the
(8) The Fund should support the (8) The Fund should support the
efforts by the Union and the
efforts by the Union and the
efforts by the Union and the
Member States relating to the
Member States relating to the
Member States relating to the
enhancement of Member States'
enhancement of Member States' enhancement of Member States'
capacity to develop, monitor and
capacity to develop, monitor and capacity to develop, monitor and
evaluate their asylum policies in
evaluate their asylum policies in evaluate their asylum policies in
the light of their obligations under the light of their obligations
the light of their obligations under
existing Union legislation.
under existing Union
law.
existing Union legislation.
(9) The Fund should support the
(9) The Fund should support the (9) The Fund should support the
efforts made by Member States to efforts made by Member States efforts made by Member States to
provide international protection
to provide international
provide international protection and
and a durable solution in their
protection and a durable
a durable solution in their
territories to refugees and
solution in their territories to
territories to refugees and displaced
displaced persons identified as
refugees and displaced persons
persons identified as eligible for
eligible for resettlement by the
identified as eligible for
resettlement by the United Nations
United Nations High
resettlement by the United
High Commissioner for Refugees
Commissioner for Refugees
Nations High Commissioner for (UNHCR), such as the assessment
(UNHCR), such as the assessment Refugees (UNHCR), such as the of the resettlement needs and
of the resettlement needs and
assessment of the resettlement
transfer of the persons concerned to
transfer of the persons concerned
needs and transfer of the persons their territories, with a view to
to their territories, with a view to
concerned to their territories,
granting them a secure legal status
granting them a secure legal status with a view to granting them a
and to promoting their effective
and to promoting their effective
secure legal status and to
integration.
integration.
promoting their effective
integration.
17431/13
AA/es
13
ANNEX
DG D
LIMITE
EN
(9a) The Fund should provide
Agreement on:
support for establishing
measures enabling asylum
(9a)The Fund should provide support
seekers to access the Union
for new approaches concerning access
asylum system in a safe manner
to asylum procedures in a safer manner,
without having to resort to
in particular by targeting main countries
people smugglers or criminal
of transit such as protection
networks and without putting
programmes for particular groups or
their lives in danger. [AM 8]
certain procedures for examination of
applications for asylum.
(10) The Fund should provide
(10) The Fund should provide
(10) The Fund should provide
Agreement on:
support to burden-sharing
support to burden-sharing
support to burden-sharing
operations consisting of the
operations consisting of the
operations consisting of the transfer
(10) It is in the nature of the Fund
transfer of applicants for and
transfer of applicants for and
of
(…) beneficiaries of
that it should be able to provide
beneficiaries of international
beneficiaries of international
international protection from one
support to voluntary burden-sharing
protection from one Member State protection from one Member
Member State to another.
operations agreed between Member
to another.
State to another.
States and consisting of the transfer
of beneficiaries of international
protection, and of applicants for
international protection, from one
Member State to another.
(11) Partnerships and cooperation (11) Partnerships and
(11) Partnerships and cooperation
with third countries to ensure the
cooperation with third
with third countries to ensure the
adequate management of inflows
countries to ensure the
adequate management of inflows of
of persons applying for asylum or
persons applying for asylum or
other forms of international
adequate management of
other forms of international
protection are an essential
inflows of persons
protection are an essential
component of Union asylum
applying for asylum or
component of Union asylum
policy. With the aim to provide
other forms of
policy. With the aim to provide
access to international protection
international protection
access to international protection
and durable solutions at the earliest
and durable solutions at the earliest
17431/13
AA/es
14
ANNEX
DG D
LIMITE
EN
link to page 18 link to page 18
possible stage, including in the
are an essential component possible stage, including in the
framework of Regional Protection of Union asylum policy.
framework of Regional Protection
Programmes
16, the Fund should
With the aim of providing
Programmes
17, the Fund should
include a strong Union
include a strong Union resettlement
resettlement component.
access to international
component.
protection and durable
solutions at the earliest
possible stage, including
in the framework of
Regional Protection
Programmes, as set out in
the Commission's
Communication to the
Council and the European
Parliament, the Fund
should include a strong
Union resettlement
component.
(12) To improve and reinforce the (12) To improve and reinforce
(12) To improve and reinforce the
integration process in European
the integration process in
integration process in European
societies, the Fund should
European societies, the Fund
societies, the Fund should facilitate
facilitate legal migration to the
should facilitate legal migration legal migration to the Union in line
Union in line with the economic
to the Union in line with the
with the economic and social needs
and social needs of Member States economic and social needs of
of Member States and anticipates
and anticipates the preparation of
Member States and
should
the preparation of the integration
the integration process already in
anticipate the preparation of the process already in the country of
the country of origin of the third-
integration process already in
origin of the third-country nationals
country nationals coming to the
the country of origin of the
16
COM(2005) 388 final.
17
COM(2005) 388 final.
17431/13
AA/es
15
ANNEX
DG D
LIMITE
EN
Union.
third-country nationals coming
coming to the Union.
to the Union
17431/13
AA/es
16
ANNEX
DG D
LIMITE
EN
(13) In order to be efficient and
(13) In order to be efficient and (13) In order to be efficient and
Agreement on:
achieve the greatest added value,
achieve the greatest added
achieve the greatest added value,
the Fund should pursue a more
value, the Fund should pursue a the Fund should pursue a more
(13) In order to be efficient and achieve
targeted approach, in support of
more targeted approach, in
targeted approach, in support of
the greatest added value, the Fund
consistent strategies specifically
support of consistent strategies
consistent strategies specifically
should pursue a more targeted approach,
designed to promote the
specifically designed to promote designed to promote the integration in support of consistent strategies
integration of third-country
the integration of third-country
of third-country nationals at
specifically designed to promote the
nationals at local and/or regional
nationals at local
or regional
national, local and/or regional
integration of third-country nationals at
level. Those strategies should be
level. Those strategies should be level
, where appropriate. Those
national, local and/or regional level,
implemented mainly by local or
implemented mainly by local or strategies should be implemented
where appropriate. Those strategies
regional authorities and non-state
regional authorities and non-
mainly by local or regional
should be implemented mainly by local
actors, while not excluding
state actors, while not excluding authorities and non-state actors,
or regional authorities and non-state
national authorities if the specific
national authorities if the
while not excluding national
actors, while not excluding national
administrative organisation of the
specific administrative
authorities,
in particular (…)
authorities, in particular where the
Member State would so require.
organisation of the Member
where the specific administrative
specific administrative organisation of
The implementing organisations
State would so require. The
organisation of the Member State
the Member State would so require or
should choose the measures most
implementing organisations
would so require
or where the
where the national institutional set up
appropriate to their particular
should choose the measures
national institutional set up
provides that integration actions are a
situation from a range of measures most appropriate to their
provides that integration actions shared competence of the State and
available.
particular situation from a range
are a shared competence of the
decentralised level of administration.
of measures available.
State and decentralised level of
The implementing organisations should
administration. The implementing choose the measures most appropriate to
organisations should choose the
their particular situation from a range of
measures most appropriate to their measures available.
particular situation from a range of
measures available.
17431/13
AA/es
17
ANNEX
DG D
LIMITE
EN
(13a) The resources of the
Agreement on:
Fund should be used
consistently with the Union's
(13a) The implementation of the Fund
Common Basic Principles on
should be (...) consistent with the
Integration, as specified in the
Union's Common Basic Principles on
Common Programme for
Integration, as specified in the Common
Integration. [AM 9]
Programme for Integration.
(14) The scope of the integration
(14) The scope of the integration (14) The scope of the integration
Agreement on Council text.
measures should also include
measures should also include
measures should also include
(…)
refugees, asylum seekers or
refugees, asylum seekers or
beneficiaries (…) of international
persons granted other forms of
persons granted other forms of
protection in order to ensure a
international protection in order to international protection in order comprehensive approach to
ensure a comprehensive approach to ensure a comprehensive
integration, taking into account the
to integration, taking into account approach to integration, taking
specificities of these target groups.
the specificities of these target
into account the specificities of
Where integration measures are
groups.
these target groups.
combined with reception, actions
should, where appropriate, also
allow asylum seekers to be
included.
(15) To ensure the consistency of
(15) To
ensure consistency of
(15) To ensure the consistency of
the European Union's response to
the European Union's response
the European Union's response to
integration of third-country
to integration of third-country
integration of third-country
nationals, actions financed under
nationals, actions financed
nationals, actions financed under
this Fund should be specific and
under
the Fund should be
this Fund should be specific and
complementary to actions financed specific and complementary to
complementary to actions financed
under the European Social Fund.
actions financed under the
under the European Social Fund. In
In this context, the authorities of
European Social Fund. In this
this context, the authorities of the
the Member States responsible for context, the authorities of the
Member States responsible for the
the implementation of this Fund
Member States responsible for
implementation of this Fund should
should be required to establish
the implementation of
the Fund be required to establish cooperation
cooperation and coordination
should be required to establish
and coordination mechanisms with
17431/13
AA/es
18
ANNEX
DG D
LIMITE
EN
mechanisms with the authorities
cooperation and coordination
the authorities designated by
designated by Member States for
mechanisms with the authorities Member States for the purpose of
the purpose of the management of designated by Member States
the management of the
the interventions of the European
for the purpose of the
interventions of the European
Social Fund.
management of the interventions Social Fund.
of the European Social Fund.
Agreement on:
(15a) For practical reasons, some
actions may concern a group of people
which can be more efficiently addressed
as a whole without making differences
between its members. It would therefore
be appropriate to provide for the
possibility for those Member States that
would so wish to foresee in their
national programmes that integration
actions may include immediate relatives
of third country nationals to the extent
that this is necessary for the effective
implementation of such actions. By
immediate relative would be meant
spouses/partners as well as any person
having direct family links in descending
or ascending line with the third country
national targeted by the integration
actions and who would otherwise not be
covered by the scope of the Fund.
17431/13
AA/es
19
ANNEX
DG D
LIMITE
EN
(16) The Fund should support
(16) The Fund should support
(16) The Fund should support
Member States in setting up
Member States in setting up
Member States in setting up
Agreement on Council text.
strategies organising legal
strategies organising legal
strategies organising legal
migration, enhancing their capacity migration, enhancing their
migration, enhancing their capacity
to develop, implement, monitor
capacity to develop, implement, to develop, implement, monitor and
and evaluate in general all
monitor and evaluate in general evaluate in general all immigration
immigration and integration
all immigration and integration
and integration strategies, policies
strategies, policies and measures
strategies, policies and measures and measures for third country
for third country nationals,
for third country nationals,
nationals, including Union legal
including Union legal instruments. including Union legal
instruments. The Fund should also
The Fund should also support the
instruments. The Fund should
support the exchange of
exchange of information, best
also support the exchange of
information, best practices and co-
practices and co-operation between information, best practices and
operation between different
different departments of
cooperation between different
departments of administration as
administration as well as with
departments of administration as well as with other Member States.
other Member States.
well as with other Member
States.
Technical assistance is
essential to enable Member
States to support the
implementation of their
national programmes, assist
beneficiaries in complying with
their obligations and with
Union law and, in turn, to
increase the visibility of, and
accessibility to, EU funds. [AM
10]
17431/13
AA/es
20
ANNEX
DG D
LIMITE
EN
(17) The Union should continue
(17) The Union should continue (17) The Union should continue
and expand the use of Mobility
and expand the use of Mobility
and expand the use of Mobility
Partnerships as the main strategic, Partnerships as the main
Partnerships as the main strategic,
comprehensive and long-term
strategic, comprehensive and
comprehensive and long-term
cooperation framework for
long-term cooperation
cooperation framework for
migration management with third
framework for migration
migration management with third
countries. The Fund should
management with third
countries. The Fund should support
support activities in the framework countries. The Fund should
activities in the framework of
of Mobility Partnerships taking
support activities in the
Mobility Partnerships taking place
place either in the Union or in third framework of Mobility
either in the Union or in third
countries and aiming at pursuing
Partnerships taking place either countries and aiming at pursuing
Union needs and priorities, in
in the Union or in third
Union needs and priorities, in
particular actions ensuring the
countries and aiming at pursuing particular actions ensuring the
continuity of funding
Union needs and priorities, in
continuity of funding
encompassing both Union and
particular actions ensuring the
encompassing both Union and third
third countries.
continuity of funding
countries.
encompassing both Union and
third countries.
(18) It is appropriate to continue
(18) It is appropriate to continue (18) It is appropriate to continue
Agreement on Council text.
supporting and encouraging efforts supporting and encouraging
supporting and encouraging efforts
by the Member States to improve
efforts by the Member States to by the Member States to improve
the management of return in all its improve the management of
the management of return in all its
dimensions, with a view to the
return in all its dimensions, with dimensions, with a view to the
continuous, fair and effective
a view to the continuous, fair
continuous, fair and effective
implementation of common
and effective implementation of implementation of common
standards on return, notably as set common standards on return,
standards on return, notably as set
out in the Directive 2008/115/EC
notably as set out in the
out in the Directive 2008/115/EC
of the European Parliament and of Directive 2008/115/EC of the
of the European Parliament and of
the Council of 16 December 2008 European Parliament and of the the Council of 16 December 2008
on common standards and
Council of 16 December 2008
on common standards and
procedures in Member States for
on common standards and
procedures in Member States for
returning illegally staying third-
procedures in Member States for returning illegally staying third-
17431/13
AA/es
21
ANNEX
DG D
LIMITE
EN
link to page 25 link to page 25 link to page 25
country nationals
18. The Fund
returning illegally staying third- country nationals
20. The Fund
should promote the development
country nationals
19. The Fund
should promote the development of
of return strategies at national level should promote the development return strategies at national level
and also measures supporting their of return strategies at national
within the concept of of
effective implementation in third
level and also measures
integrated return management
countries.
supporting their effective
and also measures supporting their
implementation in third
effective implementation in third
countries.
countries.
(19) As regards the voluntary
(19) As regards the voluntary
(19) As regards the voluntary
return of persons, including
return of persons, including
return of persons, including persons
persons who wish to be returned
persons who wish to be returned who wish to be returned even
even though they are under no
even though they are under no
though they are under no obligation
obligation to leave the territory,
obligation to leave the territory, to leave the territory, incentives for
incentives for such returnees, such incentives for such returnees,
such returnees, such as preferential
as preferential treatment in the
such as preferential treatment in treatment in the form of enhanced
form of enhanced return assistance the form of enhanced return
return assistance should be
should be foreseen. This kind of
assistance should be
provided
foreseen. This kind of voluntary
voluntary return is in the interests
for.
Such voluntary return is in
return is in the interests of both
of both returnees, and the
the interests of returnees and the returnees, and the authorities in
authorities in terms of the cost-
authorities in terms
of cost-
terms of the cost-effectiveness.
effectiveness. Member States
effectiveness. Member States
Member States should be
should be encouraged to give
should be encouraged to give
encouraged to give preference to
preference to voluntary return.
preference to voluntary return.
voluntary return.
18
OJ L 348, 24.12.2008, p. 98.
19
OJ L 348, 24.12.2008, p. 98.
20
OJ L 348, 24.12.2008, p. 98.
17431/13
AA/es
22
ANNEX
DG D
LIMITE
EN
(19a) Both "voluntary
Agreement on deletion of Recital 19 a.
departure" in compliance with
an obligation to return, as well as
"voluntary return" based on the
free will of the returnee, should
be promoted. Voluntary return
covers for instance cases of
legally staying third country
nationals who, to maintain family
unity, chose to accompany family
members subject to a return
decision, as well as those
enjoying a right to stay as asylum
seekers or beneficiaries of
international protection.
(20) However, from a policy point (20) However, from a policy
(20) However, from a policy point
of view, voluntary and enforced
point of view, voluntary and
of view, voluntary and enforced
Agreement on Council text.
return are interlinked and have a
enforced return are interlinked
return are interlinked and have a
mutually reinforcing effect and
and have a mutually reinforcing mutually reinforcing effect and
Member States should be
effect and Member States
Member States should be
encouraged in their return
should be encouraged in their
encouraged in their return
management to reinforce the
return management to reinforce management to reinforce the
complementarities of the two
the complementarities of the
complementarities of the two
forms. There is a need to carry out two forms. There is a need to
forms. There is a need to carry out
enforced returns in order to
carry out enforced returns in
(…) removals in order to safeguard
safeguard the integrity of the
order to safeguard the integrity
the integrity of the immigration and
immigration and asylum policy of of the immigration and asylum
asylum policy of the Union and the
the Union and the immigration and policy of the Union and the
immigration and asylum systems of
asylum systems of the Member
immigration and asylum
the Member States. Thus the
States. Thus the possibility of
systems of the Member States.
possibility of
(…) removals is a
enforced return is a prerequisite for Thus the possibility of enforced prerequisite for ensuring that this
ensuring that this policy is not
return is a prerequisite for
policy is not undermined and for
17431/13
AA/es
23
ANNEX
DG D
LIMITE
EN
undermined and for enforcing the
ensuring that this policy is not
enforcing the rule of law, which
rule of law, which itself is essential undermined and for enforcing
itself is essential to the creation of
to the creation of an area of
the rule of law, which itself is
an area of freedom, security and
freedom, security and justice. The essential to the creation of an
justice. The Fund should therefore
Fund should therefore support
area of freedom, security and
support actions of Member States
actions of Member States to
justice. The Fund should
to facilitate
(…) removals in
facilitate enforced return.
therefore support actions of
accordance with the standards
Member States to facilitate
set in EU law, where applicable,
enforced return.
and with full respect for the
fundamental rights and dignity of
returnees.
(21) It is imperative for the Fund
(21) It is imperative for the
(21) It is
(…) essential for the
to support specific measures for
Fund to support specific
Fund to support specific measures
Agreement on Council text.
returnees in the country of return
measures for returnees in the
for returnees in the country of
in order to ensure effective return
country of return in order to
return in order to ensure effective
to their town or region of origin
ensure effective return to their
return to their town or region of
under good conditions and to
town or region of origin under
origin under good conditions and to
enhance their durable reintegration good conditions and to enhance enhance their durable reintegration
into their community.
their durable reintegration into
into their community.
their community.
(22) Union readmission
(22) Union readmission
(22) Union readmission agreements
agreements are an integral
agreements are an integral
are an integral component of the
component of the Union return
component of the Union return
Union return policy and a central
policy and a central tool for the
policy and a central tool for the tool for the efficient management
efficient management of migration efficient management of
of migration flows as they facilitate
flows as they facilitate the swift
migration flows as they
the swift return of irregular
return of irregular migrants. Those facilitate the swift return of
migrants. Those agreements are an
agreements are an important
irregular migrants. Those
important element in the
element in the framework of the
agreements are an important
framework of the dialogue and
dialogue and cooperation with
element in the framework of the cooperation with third countries of
third countries of origin and transit dialogue and cooperation with
origin and transit of irregular
17431/13
AA/es
24
ANNEX
DG D
LIMITE
EN
link to page 28 link to page 28 link to page 28 link to page 28
of irregular migrants and their
third countries of origin and
migrants and their implementation
implementation in third countries
transit of irregular migrants and in third countries should be
should be supported in the interest their implementation in third
supported in the interest of
of effective return strategies at
countries should be supported in effective return strategies at
national and Union level.
the interest of effective return
national and Union level.
strategies at national and Union
level.
(23) The Fund should complement (23) The Fund should
(23) The Fund should complement
Agreement on:
and reinforce the activities
complement and reinforce the
and reinforce the activities
undertaken by the European
activities undertaken by the
undertaken by the European
(23) The Fund should complement and
Agency for the Management of
European Agency for the
Agency for the Management of
reinforce the activities undertaken by
Operational Cooperation at the
Management of Operational
Operational Cooperation at the
the European Agency for the
External Borders of the Member
Cooperation at the External
External Borders of the Member
Management of Operational
States of the European Union
Borders of the Member States of States of the European Union
Cooperation at the External Borders of
(Frontex Agency) established by
the European Union (
Frontex),
(Frontex Agency) established by
the Member States of the European
Council Regulation (EC) No
established by Council
Council Regulation (EC) No
Union (Frontex), established by Council
2007/2004 of 26 October 2004
21 , Regulation (EC) No 2007/2004 2007/2004 of 26 October 2004
23 ,
Regulation (EC) No 2007/2004 of 26
one of the tasks of which is to
of 26 October 2004
22, one of the one of the tasks of which is to
October 2004
24, of which part of the
provide the necessary support for
tasks of which is to provide
provide the necessary support for
tasks are to provide Member States with
organising joint return operations
Member States with the
organising joint return operations
the necessary support for organising
of Member States and identify best necessary support for organising of Member States and identify best joint return operations and identify best
practices on the acquisition of
joint return
operations and
practices on the acquisition of
practices on the acquisition of travel
travel documents and the removal identify best practices on the
travel documents and the removal
documents and the removal of illegally
of third country nationals illegally acquisition of travel documents of third country nationals illegally
present third-country nationals in the
present in the territories of the
and the removal of
illegally
present in the territories of the
territories of the Member States as well
Member States.
present third-country nationals Member States.
as to assist Member States in
in the territories of the Member
circumstances requiring increased
21
OJ L 349, 25.11.2004, p. 1.
22
OJ L 349, 25.11.2004, p. 1.
23
OJ L 349, 25.11.2004, p. 1.
24
OJ L 349, 25.11.2004, p. 1.
17431/13
AA/es
25
ANNEX
DG D
LIMITE
EN
States.
It should also enable the
technical and operational assistance at
Agency to fulfil its obligations
the external borders, taking into account
and those of the Union and the
that some situations may involve
Member States regarding sea
humanitarian emergencies and rescue at
rescue. [AM 11]
sea.
Agreement on:
(23a) In addition to supporting the
return of persons as provided for in this
Regulation, the Fund should also
support other measures to combat illegal
immigration or the circumventing of
existing legal migration rules, thereby
safeguarding the integrity of Member
States' immigration systems.
(24) The Fund should be
(24) The Fund should be
(24) The Fund should be
Agreement on:
implemented in full respect with
implemented in full respect with implemented in full respect with
the rights and principles enshrined the rights and principles
the rights and principles enshrined (24) The Fund should be implemented
in the Charter of Fundamental
enshrined in the Charter of
in the Charter of Fundamental
in full respect with the rights and
Rights of the European Union. In
Fundamental Rights of the
Rights of the European Union. In
principles enshrined in the Charter of
particular, eligible actions should
European Union
and in
particular, eligible actions should
Fundamental Rights of the European
take account of the specific
international instruments, in
take account of the specific
Union and the fundamental rights
situation of vulnerable persons, in
particular the Geneva
situation of vulnerable persons, in
enshrined in the relevant international
particular, with special attention
Convention of 28 July 1951,
particular, with special attention
instruments, including the relevant case-
and dedicated responses to
the Universal Declaration of
and dedicated responses to
law of the European Court of Human
unaccompanied minors and other
Human Rights of 10 December unaccompanied minors and other
Rights. Eligible actions should take
minors at risk.
1948, the International
minors at risk.
account of the human-rights-based
Covenant on Economic, Social
approach to the protection of migrants,
and Cultural Rights of 16
refugees and asylum seekers, and
December 1966, the
should, in particular, ensure that special
International Covenant on the
attention is paid to, and a dedicated
17431/13
AA/es
26
ANNEX
DG D
LIMITE
EN
Elimination of All Forms of
response is provided for, the specific
Racial Discrimination of 21
situation of vulnerable persons, with
December 1965, the United
women, unaccompanied minors and
Nations Convention on the
other minors at risk.
Elimination of All Forms of
Discrimination against Women
of 18 December 1979, the
United Nations Convention
against Torture and other
Cruel, Inhuman or Degrading
Treatment or Punishment of 10
December 1984, the United
Nations Convention on the
Rights of the Child of 20
November 1989 and the United
Nations International
Convention on the Protection
of the Rights of All Migrant
Workers and Members of Their
Families of 18 December 1990.
In particular, Eligible actions
should take account of the
human-rights-based approach
to the protection of migrants,
refugees and asylum seekers,
and should, in particular,
ensure that special attention is
paid to, and a dedicated
response is provided for, the
specific situation of vulnerable
persons, in particular, with
special attention and dedicated
17431/13
AA/es
27
ANNEX
DG D
LIMITE
EN
responses to
women,
unaccompanied minors and
other minors at risk.
[AM 12]
(25) Measures in and in relation to (25) Measures on and in relation (25) Measures in and in relation to
Agreement on:
third countries supported through
to third countries supported
third countries supported through
the Fund should be taken in
through the Fund should be
the Fund should be taken in
(25) Measures on and in relation to
synergy and coherence with other
taken in synergy and coherence synergy and coherence with other
third countries supported through the
actions outside the Union
with other actions outside the
actions outside the Union supported Fund should be taken in synergy and
supported through Union external Union supported through Union through Union external assistance
coherence with other actions outside the
assistance instruments, both
external assistance instruments, instruments, both geographic and
Union supported through Union external
geographic and thematic. In
both geographic and thematic.
thematic. In particular, in
assistance instruments, both geographic
particular, in implementing such
In particular, in implementing
implementing such actions full
and thematic. In particular, in
actions full coherence should be
such actions full coherence
coherence should be sought with
implementing such actions full
sought with the principles and
should be sought with the
the principles and general
coherence should be sought with the
general objectives of the Union
principles and general objectives objectives of the Union external
principles and general objectives of the
external action and foreign policy
of the Union external action and action and foreign policy related to Union external action and foreign policy
related to the country or region in
foreign policy related to the
the country or region in question.
related to the country or region in
question. They should not be
country or region in question.
They should not be intended to
question. They should not be intended
intended to support actions directly They should not be intended to
support actions directly
to support actions that are directly
development-oriented and they
support actions
that are directly development-oriented and they
oriented towards development and they
should complement, when
oriented towards development
should complement, when
should complement, when appropriate,
appropriate, the financial
and they should complement,
appropriate, the financial assistance the financial assistance provided
assistance provided through
when appropriate, the financial
provided through external aid
through external aid instruments. The
external aid instruments.
assistance provided through
instruments. Coherence will also be principle of policy coherence for
Coherence will also be ensured
external aid instruments
, while
ensured with the Union
development, as set out in Paragraph 35
with the Union humanitarian
respecting the principle of
humanitarian policy, in particular
of the European Consensus on
policy, in particular as regards the
policy coherence for
as regards the implementation of
Development, should be respected. It is
implementation of emergency
development, as required by
emergency assistance.
also important to ensure that the
assistance.
Article 35 of the European
implementation of emergency assistance
Consensus on Development.
is consistent with and, where relevant,
Coherence
It is also ensured
complementary to the Union
with the Union humanitarian
humanitarian policy and respects
17431/13
AA/es
28
ANNEX
DG D
LIMITE
EN
policy, in particular as regards
humanitarian principles as set out in the
important to ensure that the
European Consensus on Humanitarian
implementation of emergency
Aid.
assistance
is consistent with,
and complementary to, the
Union humanitarian policy and
respects humanitarian
principles as set out in the
European Consensus on
Humanitarian Aid.
[AM 13]
(26) A large part of the available
(26) A large part of the available (26) A large part of the available
resources under the Fund should
resources under the Fund should resources under the Fund should be
Agreement on the COM / Council text
be allocated proportionally to the
be allocated proportionally to
allocated proportionally to the
responsibility borne by each
the responsibility borne by each responsibility borne by each
Member State through its efforts in Member State through its efforts Member State through its efforts in
managing migration flows on the
in managing migration flows on managing migration flows on the
basis of objective criteria. For that the basis of objective criteria.
basis of objective criteria. For that
purpose, the latest available
For that purpose, the latest
purpose, the latest available
statistical data relating to the
available statistical data relating statistical data relating to the
migration flows, such as the
to the migration flows, such as
migration flows, such as the
number of first asylum
the number of first asylum
number of first asylum
applications, the number of
applications, the number of
applications, the number of positive
positive decisions granting refugee positive decisions granting
decisions granting refugee or
or subsidiary protection, the
refugee or subsidiary protection, subsidiary protection, the number
number of resettled refugees, the
the number of resettled refugees, of resettled refugees, the number of
number of legally residing third-
the number of legally residing
legally residing third-country
country nationals, the number of
third-country nationals, the
nationals, the number of third-
third-country nationals who have
number of third-country
country nationals who have
obtained an authorisation issued by nationals who have obtained an obtained an authorisation issued by
a Member State to reside, the
authorisation issued by a
a Member State to reside, the
number of return decisions issued
Member State to reside,
the
number of return decisions issued
by the national authorities and the
number of irregular migrants
by the national authorities and the
17431/13
AA/es
29
ANNEX
DG D
LIMITE
EN
link to page 33 link to page 33 link to page 33
number of effected returns should
apprehended at the external
number of effected returns should
be used
25.
borders of the Member States,
be used
27.
the number of return decisions
issued by the national
authorities and the number of
effected returns should be
used
26.
In addition, however, it
is important to take account of
the economic resources and
geographical size of each
Member State. In-depth
research is also necessary to
identify and quantify actual
costs for the Member States.
[AM 14]
25
Data collected by Eurostat under the Regulation (EC) No 862/2007 of the European Parliament and of the Council on Community statistics on
Migration and International protection.
26
Data collected by Eurostat under the Regulation (EC) No 862/2007 of the European Parliament and of the Council on Community statistics on
Migration and International protection.
27
Data collected by Eurostat under the Regulation (EC) No 862/2007 of the European Parliament and of the Council on Community statistics on
Migration and International protection.
17431/13
AA/es
30
ANNEX
DG D
LIMITE
EN
(26a) The allocation of basic
Agreement on Council text.
amounts to Member States
should be established in this
Regulation. The basic amount
should be composed of a
minimum amount and an amount
calculated on the basis of the
average of 2011, 2012 and 2013
allocations for each Member
State under the European
Refugee Fund, the European
Fund for the Integration of third-
country nationals and the
European Return Fund. The
calculations were made in
accordance with the distribution
criteria laid down in Article 13(2)
of Decision No 573/2007/EC of
the European Parliament and of
the Council, Article 12(2) of
Council Decision 2007/435/EC
and Article 14(2) of Decision No
575/2007/EC of the European
Parliament and of the Council,
establishing the Funds
respectively. In the light of the
European Council conclusions of
7-8 February 2013 which
underlined that 'particular
emphasis should be given to
insular societies who face
disproportional migration
17431/13
AA/es
31
ANNEX
DG D
LIMITE
EN
challenges', it is appropriate to
increase the minimum amounts
for Cyprus and Malta.
(27) Whilst it is appropriate for an (27) Whilst it is appropriate for (27) Whilst it is appropriate for an
amount to be allocated to each
an amount to be allocated to
amount to be allocated to each
Member State on the basis of the
each Member State on the basis Member State on the basis of the
latest available statistical data, a
of the latest available statistical latest available statistical data, a
part of the available resources
data, a part of the available
part of the available resources
under the Fund should also be
resources under the Fund should under the Fund should also be
distributed for the implementation also be distributed for the
distributed for the implementation
of specific actions which require
implementation of specific
of specific actions which require
cooperative effort amongst
actions which require
cooperative effort amongst
Member States and generate
cooperative effort amongst
Member States and generate
significant added value for the
Member States and generate
significant added value for the
Union, and for the implementation significant added value for the
Union, and for the implementation
of the Union Resettlement
Union, and for the
of the Union Resettlement
Programme and for the
implementation of the Union
Programme and for the
implementation of relocation.
Resettlement Programme and
implementation of relocation.
for the implementation of
relocation.
(28) For that purpose, this
(28) For that purpose, this
(28) For that purpose, this
Regulation should establish a list
Regulation
establishes a list of Regulation should establish a list
of specific actions eligible for
specific actions eligible for
of specific actions eligible for
resources from the Fund.
resources from the Fund.
resources from the Fund.
Additional amounts should be
Additional amounts should be
Additional amounts should be
allocated to those Member States
allocated to those Member
allocated to those Member States
which make a commitment to
States which make a
which make a commitment to
implement them.
commitment to implement them. implement them.
17431/13
AA/es
32
ANNEX
DG D
LIMITE
EN
(29) In the light of the progressive (29) In the light of the
(29) In the light of the progressive
Agreement on:
establishment of a Union
progressive establishment of a
establishment of a Union
Resettlement Programme, the Fund Union Resettlement Programme, Resettlement Programme, the Fund (29) In the light of the progressive
should provide targeted assistance the Fund should provide
should provide targeted assistance
establishment of a Union Resettlement
in the form of financial incentives targeted assistance in the form
in the form of financial incentives
Programme, the Fund should provide
(lump sums) for each resettled
of financial incentives (lump
(lump sums) for each resettled
(…) targeted assistance in the form of
refugee.
sums) for each resettled refugee.
person.
financial incentives (lump sums) for
The Commission, in
each resettled person.
cooperation with the EASO, in
The Commission, in cooperation with
accordance with their
the EASO, in accordance with their
respective competences, should
respective competences, should monitor
monitor the effective
the effective implementation of
implementation of resettlement
resettlement operations supported under
operations supported under the
the Fund.
Fund. [AM 15]
(30) With a view to increasing the (30) With a view to increasing
(30) With a view to increasing the
impact of the Union resettlement
the impact of the Union
impact of the Union resettlement
Agreement on Council text.
efforts in providing protection to
resettlement efforts in providing efforts in providing protection to
refugees and maximising the
protection to refugees and
(…) persons in need of
strategic impact of resettlement
maximising the strategic impact
international protection and
through a better targeting of those of resettlement through a better maximising the strategic impact of
persons who are in greatest need of targeting of those persons who
resettlement through a better
resettlement, common priorities
are in greatest need of
targeting of those persons who are
with respect to resettlement should resettlement, common priorities in greatest need of resettlement,
be formulated at Union level every with respect to resettlement
common priorities with respect to
two years on the basis of the
should be formulated at Union
resettlement should be formulated
general categories specified in this level every two years on the
at Union level
(…).
These common
Regulation.
basis of the general categories
priorities should be amended
specified in this Regulation.
only where there is a clear
justification for doing so or in
light of any recommendations
from UNHCR on the basis of the
17431/13
AA/es
33
ANNEX
DG D
LIMITE
EN
general categories specified in this
Regulation.
(31) Given their particular
(31) Given their particular
(31) Given their particular
vulnerability, some categories of
vulnerability, some categories
vulnerability, some categories of
Agreement on Council text.
refugees should always be
of refugees should always be
(…) persons in need of
included in the common Union
included in the common Union
international protection should
resettlement priorities.
resettlement priorities.
always be included in the common
Union resettlement priorities.
(32) Taking into account the
(32) Taking into account the
(32) Taking into account the
resettlement needs set out in the
resettlement needs set out in the resettlement needs set out in the
Agreement on Council text.
common Union
resettlement
common Union
resettlement
common Union
resettlement
priorities, it is also necessary that
priorities, it is also necessary
priorities, it is also necessary that
additional financial incentives are that additional financial
additional financial incentives are
provided for the resettlement of
incentives are provided for the
provided for the resettlement of
persons with respect to specific
resettlement of persons with
persons with respect to specific
geographic regions and
respect to specific geographic
geographic regions and
nationalities as well as to the
regions and nationalities as well nationalities as well as to the
specific categories of refugees to
as to the specific categories of
specific categories of
(…) persons
be resettled, where resettlement is refugees to be resettled, where
to be resettled, where resettlement
determined to be the most
resettlement is determined to be is determined to be the most
appropriate response to their
the most appropriate response to appropriate response to their
special needs.
their special needs.
special needs.
17431/13
AA/es
34
ANNEX
DG D
LIMITE
EN
(33) To enhance the solidarity and (33) To enhance the solidarity
(33) To enhance the solidarity and
Agreement on:
share better the responsibility
and share better the
share better the responsibility
between the Member States, in
responsibility between the
between the Member States, in
(33) To enhance the solidarity and share
particular towards those most
Member States, in particular
particular towards those most
better the responsibility between the
affected by asylum flows, a similar towards those most affected by
affected by asylum flows, a similar Member States, in particular towards
mechanism based on financial
asylum flows, a similar
mechanism based on financial
those most affected by asylum flows, a
incentives should also be
mechanism based on financial
incentives should also be
similar mechanism based on financial
established for relocation of
incentives should also be
established for relocation of
incentives should also be established for
beneficiaries of international
established for relocation of
beneficiaries of international
relocation of beneficiaries of
protection.
beneficiaries of international
protection.
international protection.
protection.
The mechanism
The mechanism should reduce the
should have sufficient
pressure on Member States receiving
resources to compensate
higher numbers of asylum seekers and
Member States receiving higher
beneficiaries of international protection,
numbers of asylum seekers and
either in
absolute or proportional terms.
beneficiaries of international
protection, either in absolute or
proportional terms, and to help
those with less-developed
asylum systems. [AM 16]
(34) With a view to taking account (34) With a view to taking
(34) With a view to taking account
Agreement on deletion Recital 34.
of significant changes in migration account of significant changes
of significant changes in migration
flows and addressing the needs of in migration flows and
flows and addressing the needs of
asylum and reception systems of
addressing the needs of asylum asylum and reception systems of
Member States, a mid-term review and reception systems of
Member States, a mid-term review
should be carried out. For that
Member States, a mid-term
should be carried out. For that
purpose, a financial reserve should review should be carried out.
purpose, a financial reserve should
be kept for the distribution at the
For that purpose, a financial
be kept for the distribution at the
mid-term review.
reserve should be kept for the
mid-term review.
distribution at the mid-term
review.
17431/13
AA/es
35
ANNEX
DG D
LIMITE
EN
(35) The support provided by the
(35) The support provided by
(35) The support provided by the
Agreement on:
Fund will be more efficient and
the Fund will be more efficient
Fund will be more efficient and
bring greater added value if a
and bring greater added value if bring greater added value if a
(35) The support provided by the Fund
limited number of compulsory
a limited number of compulsory limited number of
(…) objectives is will be more efficient and bring greater
objectives is identified in this
objectives is identified in this
identified in this Regulation which added value if a limited number of
Regulation which must be pursued Regulation which must be
(…) shall be pursued in the
compulsory objectives is identified in
in the programmes drawn up by
pursued in the programmes
programmes drawn up by each
this Regulation to be pursued in the
each Member State, taking into
drawn up by each Member
Member State, taking into account programmes drawn up by each Member
account its specific situation and
State, taking into account its
its specific situation and needs.
State, taking into account its specific
needs.
specific situation and needs.
situation and needs.
(35a) To this end, technical
Agreement to drop this amendment
assistance is essential to enable
Member States to implement
their national programmes,
assist beneficiaries, meet their
obligations, comply with Union
law and hence enhance the
visibility and accessibility of
EU funding. [AM 17]
(35b) While meeting flexibility
Agreement to drop this amendment
criteria, the structural
simplification of instruments
and expenditure should
continue to fulfil requirements
in terms of predictability and
reliability and ensure a fair and
transparent distribution of
resources under the Fund.
[AM 18]
17431/13
AA/es
36
ANNEX
DG D
LIMITE
EN
(35c) The simplification of the
Agreement to drop this amendment
funding structures, while
providing flexibility, should
maintain predictability and
reliability and a balanced share
should be ensured for each
objective of the Fund through
the national programmes.
Therefore, a fair share of
financial resources should be
allocated under the Fund in the
2014-2020 Multiannual
Financial Framework to
ensure continuity in supporting
the objectives of the Refugee
Fund and Integration Fund of
the 2007-2013 Financial
Framework. [AM 19]
(36) It is important for enhanced
(36) It is important for enhanced (36) It is important for enhanced
Agreement on:
solidarity that the Fund provides
solidarity that the Fund
solidarity that the Fund provides
additional support to address
provides
, in coordination and
additional support to address
(36) It is important for enhanced
emergency situations of heavy
synergy with the humanitarian emergency situations of heavy
solidarity that the Fund provides, where
migratory pressure in Member
assistance managed by the
migratory pressure in Member
appropriate in coordination and synergy
States or third-countries or in the
European Community
States or third-countries or in the
with the humanitarian assistance
event of mass influx of displaced
Humanitarian Aid Office
event of mass influx of displaced
managed by the European
Commission,
persons, pursuant to Council
(ECHO), additional support to
persons, pursuant to Council
additional support to address emergency
Directive 2001/55/EC of 20 July
address emergency situations of Directive 2001/55/EC of 20 July
situations of heavy migratory pressure
2001 on minimum standards for
heavy migratory pressure in
2001 on minimum standards for
in Member States or third countries or
giving temporary protection in the Member States or
third
giving temporary protection in the
in the event of mass influx of displaced
event of mass influx of displaced
countries or in the event of mass event of mass influx of displaced
persons, pursuant to Council Directive
persons and on measures
influx of displaced persons,
persons and on measures promoting 2001/55/EC of 20 July 2001 on
promoting a balance efforts
pursuant to Council Directive
a balance efforts between Member minimum standards for giving
17431/13
AA/es
37
ANNEX
DG D
LIMITE
EN
link to page 41 link to page 41 link to page 41
between Member States in
2001/55/EC of 20 July 2001 on States in receiving such persons
temporary protection in the event of
receiving such persons and bearing minimum standards for giving
and bearing the consequences
mass influx of displaced persons and on
the consequences thereof
28,
temporary protection in the
thereof
30, through emergency
measures promoting a balance efforts
through emergency assistance.
event of mass influx of
assistance.
between Member States in receiving
displaced persons and on
such persons and bearing the
measures promoting a balance
consequences thereof, through
efforts between Member States
emergency assistance. Emergency
in receiving such persons and
assistance should also include support to
bearing the consequences
ad hoc humanitarian admission
thereof
29, through emergency
programmes aiming at providing
assistance.
[AM 20]
temporary stay on the territory of a
Member State in the event of an urgent
humanitarian crises in third-countries.
However, such other humanitarian
admission programmes are without
prejudice to, and should not
undermine, the Union’s resettlement
programme that aims explicitly as
from the start at providing a durable
solution to persons in need of
international protection transferred
to the Union from third countries. To
that end, Member States should not
be entitled to receive additional lump
sums in respect of persons granted
temporary stay on the territory of a
Member State under such other
28
OJ L 212, 7.8.2001, p. 12.
29
OJ L 212, 7.8.2001, p. 12.
30
OJ L 212, 7.8.2001, p. 12.
17431/13
AA/es
38
ANNEX
DG D
LIMITE
EN
link to page 42 link to page 42 link to page 42
humanitarian admission
programmes.
(37) This Regulation should ensure (37) This Regulation
ensures the (37) This Regulation should
(…)
the continuation of the European
continuation of the European
provide financial assistance for
Agreement on Council text
Migration Network set up by
Migration Network set up by
the activities of the European
Council Decision 2008/381/EC of Council Decision 2008/381/EC Migration Network set up by
14 May 2008 establishing a
of 14 May 2008 establishing a
Council Decision 2008/381/EC of
European Migration Network
31
European Migration Network
32 14 May 2008 establishing a
and provide financial assistance
and provide financial assistance European Migration Network
33
necessary for its activities in line
necessary for its activities in line
(…) in line with its objectives and
with its objectives and tasks as set with its objectives and tasks as
tasks
(…).
out in this Regulation.
set out in this Regulation.
In
this respect, safeguards should
be included within the Fund in
order to prevent the excessive
allocation of funds to only one
policy area at the expenses of
the Common European Asylum
System as a whole. [AM 21]
(38) Decision 2008/381/EC should (38) Decision 2008/381/EC
(38) Decision 2008/381/EC should
Agreement on:
therefore be repealed.
should therefore be repealed.
therefore be
(…) amended.
(38) Decision 2008/381/EC should
therefore be amended to align
procedures and facilitate the provision
of appropriate and timely financial
support to National Contact Points.
31
OJ L 131, 21.5.2008, p. 7.
32
OJ L 131, 21.5.2008, p. 7.
33
OJ L 131, 21.5.2008, p. 7.
17431/13
AA/es
39
ANNEX
DG D
LIMITE
EN
(39) In the light of the purpose of
(39) In the light of the purpose
(39) In the light of the purpose of
financial incentives allocated to the of financial incentives allocated financial incentives allocated to the
Member States for resettlement
to the Member States for
Member States for resettlement
and/or relocation in the form of
resettlement
or relocation in the and/or relocation in the form of
lump sums and because they
form of lump sums and because lump sums and because they
represent a small fraction of the
they represent a small fraction
represent a small fraction of the
actual costs, this Regulation should of the actual costs, this
actual costs, this Regulation should
provide for certain derogations
Regulation
provides for certain
provide for certain derogations
from the rules on the eligibility of derogations from the rules on
from the rules on the eligibility of
expenditure.
the eligibility of expenditure.
expenditure.
(40) In order to supplement or
(40) In order to supplement or
(40) In order to supplement or
amend provisions of this
amend provisions of this
amend provisions of this
Regulation on the lump sums for
Regulation on the lump sums for Regulation on the lump sums for
resettlement and relocation, the
resettlement and relocation, the resettlement and relocation, the
definition of specific actions and
definition of specific actions and definition of specific actions and of
of common Union resettlement
of common Union resettlement
common Union resettlement
priorities, the power to adopt acts
priorities, the power to adopt
priorities, the power to adopt acts
in accordance with Article 290 of
acts in accordance with Article
in accordance with Article 290 of
the Treaty on the Functioning of
290 of the Treaty on the
the Treaty on the Functioning of
the European Union should be
Functioning of the European
the European Union should be
delegated to the Commission. It is Union
(TFEU) should be
delegated to the Commission. It is
of particular importance that the
delegated to the Commission. It of particular importance that the
Commission should carry out
is of particular importance that
Commission should carry out
appropriate consultations during its the
Commission carry out
appropriate consultations during its
preparatory work, including at
appropriate consultations during preparatory work, including at
expert level. The Commission,
its preparatory work, including
expert level. The Commission,
when preparing and drawing-up
at expert level. The
when preparing and drawing-up
delegated acts, should ensure a
Commission, when preparing
delegated acts, should ensure a
simultaneous, timely and
and drawing-up delegated acts,
simultaneous, timely and
appropriate transmission of
should ensure a simultaneous,
appropriate transmission of
relevant documents to the
timely and appropriate
relevant documents to the European
transmission of relevant
17431/13
AA/es
40
ANNEX
DG D
LIMITE
EN
link to page 44 link to page 44 link to page 44
European Parliament and Council. documents to the European
Parliament and Council.
Parliament and Council.
(40a) In the application of the
Agreement on Council text.
Regulation, including the
preparation of delegated acts, the
Commission should consult
experts from all Member States.
(41) In order to ensure a uniform,
(41) In order to ensure uniform
(41) In order to ensure a uniform,
Agreement on EP amendment.
efficient and timely application of
conditions for the
efficient and timely application of
the provisions of this Regulation,
implementation of this
the provisions of this Regulation,
implementing powers should be
Regulation, implementing
implementing powers should be
conferred on the Commission.
powers should be conferred on
conferred on the Commission.
Those powers should be exercised the Commission. Those powers Those powers should be exercised
in accordance with Regulation
should be exercised in
in accordance with Regulation
(EU) No 182/2011 of the European accordance with Regulation
(EU) No 182/2011 of the European
Parliament and of the Council of
(EU) No 182/2011 of the
Parliament and of the Council of 16
16 February 2011 laying down the European Parliament and of the February 2011 laying down the
rules and general principles
Council of 16 February 2011
rules and general principles
concerning mechanisms for control laying down the rules and
concerning mechanisms for control
by Member States of the
general principles concerning
by Member States of the
Commission's exercise of
mechanisms for control by
Commission's exercise of
implementing powers
34.
Member States of the
implementing powers
36.
Commission's exercise of
implementing powers
35.
34
OJ L 55, 28.2.2011, p. 13.
35
OJ L 55, 28.2.2011, p. 13.
36
OJ L 55, 28.2.2011, p. 13.
17431/13
AA/es
41
ANNEX
DG D
LIMITE
EN
(42) Funding from the Union
(42) Funding from the Union
(42) Funding from the Union
budget should concentrate on
budget should concentrate on
budget should concentrate on
activities where the Union
activities where the Union
activities where the Union
intervention can bring additional
intervention can bring additional intervention can bring additional
value compared to action of
value compared to action of
value compared to action of
Member States alone. As the
Member States alone. As the
Member States alone. As the
European Union is in a better
European Union is in a better
European Union is in a better
position than Member States to
position than Member States to position than Member States to
provide a framework for
provide a framework for
provide a framework for expressing
expressing Union solidarity in the expressing Union solidarity in
Union solidarity in the management
management of migration flows,
the management of migration
of migration flows, financial
financial support provided under
flows, financial support
support provided under this
this Regulation should contribute
provided under this Regulation
Regulation should contribute in
in particular to strengthening
contributes, in particular, to
particular to strengthening national
national and Union capabilities in
strengthening national and
and Union capabilities in this area.
this area.
Union capabilities in this area.
(42a) Spending of funds in this
Agreement to drop this amendment.
area should be better
coordinated in order to ensure
complementarity, a better
efficiency and visibility, as well
as to achieve better budgetary
synergies. [AM 22]
(42b) There is a need to
Agreement on EP amendment.
maximise the impact of Union
funding by mobilising, pooling
and leveraging public and
private financial resources.
[AM 23]
17431/13
AA/es
42
ANNEX
DG D
LIMITE
EN
(42c) Utmost transparency,
Agreement to drop this amendment
accountability and democratic
scrutiny for innovative
financial instruments and
mechanisms that involve the
Union budget should be
ensured. [AM 24]
(42d) Better implementation
Agreement to drop this amendment
and quality of spending should
constitute guiding principles
for achieving the objectives of
the Fund while ensuring
optimal use of the financial
resources. [AM 25]
(42e) It is important to ensure
Agreement to drop this amendment
the sound financial
management of the Fund and
its implementation in the most
effective and user-friendly
manner possible, while also
ensuring legal certainty and the
accessibility of the Fund to all
participants. [AM 26]
(42f) The Commission should,
Agreement on:
on an annual basis, monitor
the implementation of the Fund
(42f) The Commission should monitor
with the aid of key indicators
the implementation of the Fund in
for assessing results and
accordance with Article 50 of the
impacts. Those indicators,
Horizontal Regulation with the aid of
including relevant baselines,
common indicators for evaluating
should provide the minimum
results and impacts. Those indicators,
17431/13
AA/es
43
ANNEX
DG D
LIMITE
EN
link to page 47 link to page 47 link to page 47 link to page 47
basis for assessing the extent to
including relevant baselines, should
which the objectives of the
provide the minimum basis for
Fund have been achieved. [AM
evaluating the extent to which the
27]
objectives of the Fund have been
achieved.
(43) For the purpose of its
(43) For the purpose of its
(43) For the purpose of its
Agreement on:
management and implementation, management and
management and implementation,
the Fund should form part of a
implementation, the Fund
the Fund should form part of a
(43) For the purpose of its management
coherent framework consisting of
should form part of a coherent
coherent framework consisting of
and implementation, the Fund should
this Regulation and Regulation
framework consisting of this
this Regulation and Regulation
form part of a coherent framework
(EU) No […/…] of the European
Regulation and Regulation (EU) (EU) No […/…] of the European
consisting of this Regulation and
Parliament and of the Council
No […/…] of the European
Parliament and of the Council
Regulation (EU) No […/…] of the
laying down general provisions on Parliament and of the Council
laying down general provisions on European Parliament and of the Council
the Asylum and Migration Fund
laying down general provisions the Asylum and Migration Fund
laying down general provisions on the
and on the instrument for financial on the Asylum and Migration
and on the instrument for financial Asylum and Migration Fund and on the
support for police cooperation,
Fund and on the instrument for
support for police cooperation,
instrument for financial support for
preventing and combating crime,
financial support for police
preventing and combating crime,
police cooperation, preventing and
and crisis management
37.
cooperation, preventing and
and crisis management
39.
combating crime, and crisis
combating crime, and crisis
management
40.
management
38. For the
purposes of the Fund, however,
For the purposes of the Fund, the
the partnership referred to in
partnership referred to in Article 12
Article 12 of Regulation (EU)
of Regulation (EU) No .../...
No .../... [Horizontal
[Horizontal Regulation] should
Regulation] should include
include relevant international
among the participating
organisations, non-governmental
organisations and social partners.
37
OJ L , , p. .
38
OJ L , , p. .
39
OJ L , , p. .
40
OJ L , , p. .
17431/13
AA/es
44
ANNEX
DG D
LIMITE
EN
authorities the competent
regional and local authorities,
Each Member State is responsible for
international organisations and
establishing the composition of the
bodies representing civil
partnership and the practical
society, such as non-
modalities of its implementation.
governmental organisations
(NGOs) and the social partners.
[AM 28]
(44) Since the objective of this
(44) Since the objective of this
(44) Since the objective of this
Regulation, namely to contribute
Regulation, namely to
Regulation, namely to contribute to
to an effective management of
contribute to an effective
an effective management of
migration flows in the Union as
management of migration flows migration flows in the Union as
part of the area of freedom,
in the Union as part of the area
part of the area of freedom, security
security and justice, in accordance of freedom, security and justice, and justice, in accordance with the
with the common policy on
in accordance with the common common policy on asylum,
asylum, subsidiary protection and
policy on asylum, subsidiary
subsidiary protection and
temporary protection and the
protection and temporary
temporary protection and the
common immigration policy,
protection and the common
common immigration policy,
cannot be sufficiently achieved by immigration policy, cannot be
cannot be sufficiently achieved by
the Member States and can be
sufficiently achieved by the
the Member States and can be
better achieved at Union level, the Member States and can be better better achieved at Union level, the
Union may adopt measures, in
achieved at Union level, the
Union may adopt measures, in
accordance with the principle of
Union may adopt measures, in
accordance with the principle of
subsidiarity as set out in Article 5
accordance with the principle of subsidiarity as set out in Article 5
of the Treaty on European Union.
subsidiarity as set out in Article of the Treaty on European Union.
In accordance with the principle of 5 of the Treaty on European
In accordance with the principle of
proportionality, as set out in that
Union. In accordance with the
proportionality, as set out in that
Article, this Regulation does not
principle of proportionality, as
Article, this Regulation does not go
go beyond what is necessary in
set out in that Article, this
beyond what is necessary in order
order to achieve that objective.
Regulation does not go beyond
to achieve that objective.
what is necessary in order to
17431/13
AA/es
45
ANNEX
DG D
LIMITE
EN
link to page 49 link to page 49 link to page 49
achieve that objective.
(44a) Pursuant to Articles 8 and
Agreement on Council text.
10 of the Treaty on the
Functioning of the European
Union, the Fund should take
account of the mainstreaming of
equality between women and
men and anti-discrimination
principles.
(45) Decision No 573/2007/EC of (45) Decision No 573/2007/EC (45) Decision No 573/2007/EC of
the European Parliament and of the of the European Parliament and the European Parliament and of the
Council of 23 May 2007
of the Council of 23 May 2007
Council of 23 May 2007
establishing the European Refugee establishing the European
establishing the European Refugee
Fund for the period 2008 to 2013
41 Refugee Fund for the period
Fund for the period 2008 to 2013
43
should be repealed.
2008 to 2013
as part of the
should be repealed.
General programme Solidarity
and Management of Migration
Flows42 should be repealed.
41
OJ L 144, 6.6.2007, p. 1.
42
OJ L 144, 6.6.2007, p. 1.
43
OJ L 144, 6.6.2007, p. 1.
17431/13
AA/es
46
ANNEX
DG D
LIMITE
EN
link to page 50 link to page 50 link to page 50 link to page 50 link to page 50 link to page 50
(46) Decision No 575/2007/EC of (46) Decision No 575/2007/EC (46) Decision No 575/2007/EC of
the European Parliament and of the of the European Parliament and the European Parliament and of the
Council of 23 May 2007
of the Council of 23 May 2007
Council of 23 May 2007
establishing the European Return
establishing the European
establishing the European Return
Fund for the period 2008 to 2013
44 Return Fund for the period 2008 Fund for the period 2008 to 2013
46
should be repealed.
to 2013
as part of the General
should be repealed.
Programme Solidarity and
Management of Migration
Flows45 should be repealed.
(47) Council Decision
(47) Council Decision
(47) Council Decision
2007/435/EC of 25 June 2007
2007/435/EC of 25 June 2007
2007/435/EC of 25 June 2007
establishing the European Fund for establishing the European Fund establishing the European Fund for
the Integration of third-country
for the Integration of third-
the Integration of third-country
nationals for the period 2007 to
country nationals for the period nationals for the period 2007 to
2013
47 should be repealed.
2007 to 2013
as part of the
2013
49 should be repealed.
General programme Solidarity
and Management of Migration
Flows48 should be repealed.
44
OJ L 144, 6.6.2007, p. 45.
45
OJ L 144, 6.6.2007, p. 45.
46
OJ L 144, 6.6.2007, p. 45.
47
OJ L 168, 28.6.2007, p. 18.
48
OJ L 168, 28.6.2007, p. 18.
49
OJ L 168, 28.6.2007, p. 18.
17431/13
AA/es
47
ANNEX
DG D
LIMITE
EN
(48) In accordance with Article 3
(48) In accordance with Article (48) In accordance with Article 3 of
Agreement on Council text.
of the Protocol on the position of
3 of the Protocol on the position the Protocol on the position of the
the United Kingdom and Ireland in of the United Kingdom and
United Kingdom and Ireland in
respect of the area of freedom,
Ireland in respect of the
Area of respect of the area of freedom,
security and justice, annexed to the
Freedom,
Security and
Justice,
security and justice, annexed to the
Treaty on European Union and to
annexed to the Treaty on
Treaty on European Union and to
the Treaty on the Functioning of
European Union and to the
the Treaty on the Functioning of
the European Union, and without
Treaty on the Functioning of the the European Union, and without
prejudice to Article 4 of that
European Union, and without
prejudice to Article 4 of that
Protocol, Ireland [
is not taking part prejudice to Article 4 of that
Protocol, Ireland
(…) has notified
in the adoption of this Regulation
Protocol, Ireland [
is not taking
its wish to take part in the
and is not bound by it or subject to part in the adoption of this
adoption and application of this
its application / has notified its
Regulation and is not bound by Regulation.
wish to take part in the adoption
it or subject to its application /
and application of this
has notified its wish to take part
Regulation].
in the adoption and application
of this Regulation].
(49) In accordance with Article 3
(49) In accordance with Article (49) In accordance with Article 3 of
Agreement on Council text.
of the Protocol on the position of
3 of the Protocol on the position the Protocol on the position of the
the United Kingdom and Ireland in of the United Kingdom and
United Kingdom and Ireland in
respect of the area of freedom,
Ireland in respect of the
Area of respect of the area of freedom,
security and justice, annexed to the
Freedom,
Security and
Justice,
security and justice, annexed to the
Treaty on European Union and to
annexed to the Treaty on
Treaty on European Union and to
the Treaty on the Functioning of
European Union and to the
the Treaty on the Functioning of
the European Union, and without
Treaty on the Functioning of the the European Union, and without
prejudice to Article 4 of that
European Union, and without
prejudice to Article 4 of that
Protocol, the United Kingdom [
is
prejudice to Article 4 of that
Protocol, the United Kingdom
(…)
not taking part in the adoption of
Protocol, the United Kingdom
has notified its wish to take part in
this Regulation and is not bound
[
is not taking part in the
the adoption and application of
by it or subject to its application / adoption of this Regulation and this Regulation.
has notified its wish to take part in is not bound by it or subject to
the adoption and application of
its application / has notified its
17431/13
AA/es
48
ANNEX
DG D
LIMITE
EN
link to page 52
this Regulation].
wish to take part in the adoption
and application of this
Regulation].
(50) In accordance with Articles 1 (50) In accordance with Articles (50) In accordance with Articles 1
and 2 of the Protocol on the
1 and 2 of the Protocol on the
and 2 of the Protocol on the
position of Denmark annexed to
position of Denmark, annexed to position of Denmark annexed to the
the Treaty on European Union and the Treaty on European Union
Treaty on European Union and to
to the Treaty on the Functioning of and to the Treaty on the
the Treaty on the Functioning of
the European Union, Denmark is
Functioning of the European
the European Union, Denmark is
not taking part in the adoption of
Union, Denmark is not taking
not taking part in the adoption of
this Regulation and is not bound
part in the adoption of this
this Regulation and is not bound by
by it or subject to its application,
Regulation and is not bound by it or subject to its application,
it or subject to its application,
Agreement on:
(51) It is appropriate to align the
duration of this Regulation with the
Council Regulation (EU) No .../...*.
Therefore, this Regulation should
apply as from 1 January 2014
HAVE ADOPTED THIS
HAVE ADOPTED THIS
HAVE ADOPTED THIS
REGULATION:
REGULATION:
REGULATION:
*
Council Regulation (EU) No .../... laying down the multiannual financial framework for the years 2014-2020 (OJ L ...).
17431/13
AA/es
49
ANNEX
DG D
LIMITE
EN
CHAPTER I
CHAPTER I
CHAPTER I
GENERAL PROVISIONS
GENERAL PROVISIONS
GENERAL PROVISIONS
Article 1
Article 1
Article 1
Purpose and scope
Purpose and scope
Purpose and scope
Agreement on Council text.
1. This Regulation establishes for
1. This Regulation establishes
1. This Regulation establishes for
the period from 1 January 2014 to for the period from 1 January
the period from 1 January 2014 to
31 December 2020 the Asylum
2014 to 31 December 2020 the
31 December 2020 the Asylum
and Migration Fund (hereinafter
Asylum and Migration Fund
(…) Migration
and Integration
referred to as 'the Fund').
(hereinafter referred to as 'the
Fund (hereinafter referred to as 'the
Fund').
Fund').
2. This Regulation lays down:
2. This Regulation lays down:
2. This Regulation lays down:
(a) the objectives of financial
(a) the objectives of financial
(a) the objectives of financial
support and the eligible actions;
support and the eligible actions; support and the eligible actions;
(b) the general framework for the
(b) the general framework for
(b) the general framework for the
implementation of eligible actions; the implementation of eligible
implementation of eligible actions;
actions;
(c) the available financial
(c) the available financial
(c) the available financial resources
resources and their distribution;
resources and their distribution; and their distribution;
(d) the principles and mechanism
(d) the principles and
(d) the principles and mechanism
for establishment of common
mechanism for establishment of for establishment of common
Union resettlement priorities;
common Union resettlement
Union resettlement priorities;
priorities;
17431/13
AA/es
50
ANNEX
DG D
LIMITE
EN
(e) the objectives, tasks and
(e) the objectives, tasks and
(e)
(…) the financial assistance
Agreement on Council text.
composition of the European
composition of the European
provided for the activities of the
Migration Network.
Migration Network.
European Migration Network.
3. This Regulation provides for the 3. This Regulation provides for 3. This Regulation provides for the
Agreement on EP amendment.
application of the rules set out in
the application of the rules set
application of the rules set out in
Regulation (EU) No .../…
out in Regulation (EU) No .../… Regulation (EU) No .../…
[Horizontal Regulation].
[Horizontal Regulation]
,
[Horizontal Regulation].
without prejudice to
Article 4(a) of this Regulation.
[AM 29]
Article 2
Article 2
Article 2
Definitions
Definitions
Definitions
For the purpose of this Regulation, For the purpose of this
For the purpose of this Regulation,
the following definitions shall
Regulation, the following
the following definitions shall
apply:
definitions shall apply:
apply:
(a) 'resettlement' means the
(a) 'resettlement' means the
(a) 'resettlement' means the process
Agreement on Council text.
process whereby, on a request
process whereby, on a request
whereby, on a request from the
from the United Nations High
from the United Nations High
United Nations High
Commissioner for Refugees
Commissioner for Refugees
Commissioner for Refugees
(UNHCR) based on a person’s
(UNHCR) based on a person’s
(UNHCR) based on a person’s
need for international protection,
need for international
need for international protection,
third-country nationals or stateless protection, third-country
third-country nationals
(…) are
persons having the status defined
nationals or stateless persons
transferred from a third-country
by the Geneva Convention of 28
having the status defined by the and established in a Member State
July 1951 and who are permitted to Geneva Convention of 28 July
where they are permitted to reside
reside as refugees in one of the
1951 and who are permitted to
with one of the following statuses:
Member States are transferred
reside as refugees in one of the
from a third-country and
Member States are transferred
17431/13
AA/es
51
ANNEX
DG D
LIMITE
EN
established in a Member State
from a third-country and
where they are permitted to reside established in a Member State
with one of the following statuses: where they are permitted to
reside with one of the following
statuses:
[AM 30]
(i)refugee status within the
(i) 'refugee status' within the
(i) refugee status within the
Agreement on EP amendment.
meaning of point (d) of Article 2
meaning of point (d)
(e) of
meaning of point (d) of Article 2 of
of Directive 2004/83/EC, or
Article 2 of Directive
Directive
(…) 2011/95/EU, or
2004/83/EC
2011/95/EU; [AM
31]
(ia) 'subsidiary protection
(xx) subsidiary protection status
status' within the meaning of
within the meaning of point (g) of
Article 2(g) of
Article 2 of Directive 2011/95/EU,
Directive 2011/95/EU; or [AM or
32]
(ii)a status which offers similar
(ii) a status which offers similar (ii)
(…) other status
es which offers
Agreement on Council text.
rights and benefits under national
rights and benefits under
similar rights and benefits under
and Union law as refugee status;
national and Union law as
national and Union law as
(…) the
refugee status;
status
es referred to in points (i)
and (xx);
Agreement on:
(aa) “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
17431/13
AA/es
52
ANNEX
DG D
LIMITE
EN
conflicts.
(b) 'relocation' means the process
(b) 'relocation' means the
(b) 'relocation' means the process
Agreement on deletion
whereby, persons referred to in
process whereby, persons
whereby,
beneficiaries of
points (a) and (b) of Article 4(1)are referred to in points (a) and (b)
international protection within
transferred from the Member State of Article 4(1) are transferred
the meaning of Directive
which granted them international
from the Member State which
2011/95/EU (…) are transferred
protection to another Member
granted them international
from the Member State which
State where they will be granted
protection to another Member
granted them international
equivalent protection, or persons
State where they will be granted protection to another Member State
falling within the category referred
immediately equivalent
where they will be granted
to in point (c) of Article 4(1)are
protection, or persons falling
equivalent protection,
(…).
transferred from the Member State within the category referred to
which is responsible for examining in point (c) of Article 4(1)are
their application to another
transferred from the Member
Member State where their
State which is responsible for
application for international
examining their application to
protection will be examined.
another Member State where
their application for
international protection will be
examined.
[AM 33]
(bb)‘international protection’
Agreement on Council text.
means refugee status and
subsidiary protection status
within the meaning of Directive
2011/95/EU;
17431/13
AA/es
53
ANNEX
DG D
LIMITE
EN
(bbb) 'return' means the process Agreement on Council text.
of a third country national going
back – whether in voluntary
compliance with an obligation to
return, or enforced – as defined
in Article 3 of the Directive
2008/115.
(c) 'third-country national' means
(c) 'third-country national'
(c) third-country national' means
Agreement on:
any person who is not a citizen of
means any person who is not a
any person who is not a citizen of
the Union within the meaning of
citizen of the Union within the
the Union within the meaning of
(c) 'third-country national' means any
Article 20(1) of the Treaty;
meaning of Article 20(1)
TFEU; Article 20(1) of the Treaty,
hence
person who is not a citizen of the Union
including stateless persons and
within the meaning of Article 20(1) of the
persons with undetermined
Treaty.
citizenship;
Reference to third-countries nationals shall
be understood to include stateless persons
and persons with undetermined nationality;
(cc)‘removal’ means the
enforcement of the obligation to
Agreement on Council text.
return, namely the physical
transportation out of the
Member State – as defined in
Article 3 of the Directive
2008/115/EC;
(ccc)‘voluntary departure’ means
compliance with the obligation to Agreement on Council text.
return within the time-limit fixed
for that purpose in the return
decision – as defined in Article 3
of the Directive 2008/115/EC;
17431/13
AA/es
54
ANNEX
DG D
LIMITE
EN
(cccc) "voluntary return" means
Agreement on deletion
the assisted or independent
return to the country of origin,
transit or third country, based on
the free will of the returnee.
(d) 'unaccompanied minor' means (d) 'unaccompanied minor'
(d) 'unaccompanied minor' means
Agreement on Council text.
any third-country national or
means any third-country
(…) a third-country national
(…)
stateless person below the age of
national or stateless person
below the age of 18 years, who
18 years, who arrives or arrived on below the age of 18 years, who
arrives or arrived on the territory of
the territory of the Member States arrives or arrived on the territory the Member States unaccompanied
unaccompanied by an adult
of the Member States
by an adult responsible for
(…)
responsible for them whether by
unaccompanied by an adult
him/her whether by law or the
law or the national practice of the
responsible for them whether by national practice of the Member
Member State concerned, and for
law or the national practice of
State concerned, and for as long as
as long as they are not effectively
the Member State concerned,
(…) he/she are not effectively
taken into the care of such an
and for as long as they are not
taken into the care of such
(…) a
adult; it includes a minor who is
effectively taken into the care of
person; it includes a minor who is
left unaccompanied after entering
such an adult; it includes a
left unaccompanied after
(…)
the territory of the Member States; minor who is left
he/she entered the territory of the
unaccompanied after entering
Member States;
the territory of the Member
States;
17431/13
AA/es
55
ANNEX
DG D
LIMITE
EN
(dd)'vulnerable person' means
Agreement on:
any third-country national who
complies with this definition
(dd) 'vulnerable person' means any
under national law in application third-country national who complies
of Union law relevant for the
with this definition under Union law
policy area of action supported
relevant for the policy area of action
under this Fund.
supported under this Fund.
Additional Recital:
The terms “vulnerable persons” and
“family members” are defined
differently in different acts relevant for
the present Regulation. They should
therefore be understood in the meaning
of the relevant act bearing in mind the
context in which they are used
.
In the context of resettlement,
Member States that resettle, should
closely consult with UNHCR in
relation to the term ‘family members’
in their resettlement practices and
actual resettlement processes.
(e) 'family members' means any
(e) 'family members'
means any
(e) 'family members' means any
Agreement on:
persons who are dependant
persons who are dependant
(…) third-country national who
relatives in the descending or
relatives in the descending or
complies with this definition
(e) 'family members' means any (…)
ascending line, including adopted
ascending line, including
under national law in application third-country national who complies
children, spouses, unmarried
adopted children, spouses,
of Union law relevant for the
with this definition under Union law
partners with a duly attested long-
unmarried partners with a duly
policy area of action supported
relevant for the policy area of action
term relationship or in a registered attested long-term relationship
under this Fund;
supported under this Fund;
17431/13
AA/es
56
ANNEX
DG D
LIMITE
EN
partnership, if applicable under the or in a registered partnership, if
national law of the Member State
applicable under the national
concerned;
law of the Member State
concerned;
(f) 'emergency situation' means a
(f) 'emergency situation' means
(f) 'emergency situation' means a
situation resulting from:
a situation resulting from:
situation resulting from:
(i) heavy migratory pressure in one (i) heavy migratory pressure
(i) heavy migratory pressure in one
Agreement on Council text.
or more Member States
specific pressures in one or
or more Member States
characterised by a large and
more Member States
characterised by a large and
disproportionate inflow of third-
characterised by a large and
disproportionate inflow of third-
country nationals which place
disproportionate inflow
the
country nationals which place
significant and urgent demands on
sudden arrival of a large
significant and urgent demands on
their reception and detention
number of third-country
their reception and detention
facilities, asylum systems and
nationals which places
facilities, asylum systems and
procedures,
significant and urgent demands procedures,
or
on their reception and detention
facilities, asylum systems and
procedures;
[AM 34]
(ii) implementation of temporary
(ii)
the implementation of
(ii) implementation of temporary
protection mechanisms within the temporary protection
protection mechanisms within the
meaning of Directive 2001/55/EC, mechanisms within the meaning meaning of Directive 2001/55/EC,
or
of Directive 2001/55/EC, or
or
(iii) heavy migratory pressure in
(iii) heavy migratory pressure in (iii) heavy migratory pressure in
third countries where refugees are third countries where refugees
third countries where refugees are
stranded due to events such as
are stranded due to events such
stranded due to events such as
political developments or conflicts. as political developments or
political developments or conflicts.
conflicts.
17431/13
AA/es
57
ANNEX
DG D
LIMITE
EN
Article 3
Article 3
Article 3
Objectives
Objectives
Objectives
1. The general objective of the
1. The general objective of the
1. The general objective of the
Agreement on:
Fund shall be to contribute to an
Fund shall be to contribute to an Fund shall be to contribute to
(…)
effective management of migration effective management of
the effective management of
The general objective of the Fund, shall
flows in the Union as part of the
migration flows in the Union
, as migration flows in the Union as
be to contribute to the efficient
area of freedom, security and
part of the area of freedom,
part of the area of freedom, security management of migration flows and to
justice, in accordance with the
security and justice, in
and justice, in accordance with the the implementation, strengthening and
common policy on asylum,
accordance with the
shall be to
common policy on asylum,
development of the common policy on
subsidiary protection and
strengthen and develop the
subsidiary protection and
asylum, subsidiary protection and
temporary protection and the
common policy on asylum,
temporary protection and the
temporary protection and the common
common immigration policy.
subsidiary protection and
common
(…)migration policy.
immigration policy, while fully
temporary protection and
to
respecting the rights and principles
strengthen and develop the
enshrined in the Charter of Fundamental
common immigration policy
,
Rights of the European Union.
while respecting policy
coherence for development and
the human-rights-based
approach to the protection of
migrants, refugees and asylum-
seekers.
[AM 35]
2. Within its general objective, the 2. Within its general objective,
2. Within its general objective, the
Agreement on Council text.
Fund shall contribute to the
the Fund shall contribute to the
Fund shall contribute to the
following specific objectives:
following specific objectives:
following
common specific
objectives:
17431/13
AA/es
58
ANNEX
DG D
LIMITE
EN
(a) to strengthen and develop the
(a) to strengthen and develop the (a) to strengthen and develop
all
Agreement on Council text.
Common European Asylum
Common European Asylum
aspects of the Common European
System
, including its external
System
, including its external
Asylum System
, including its
dimension;
dimension;
external dimension;
The achievement of this objective The achievement of this
deleted
Agreement on moving common
shall be measured by indicators,
objective shall be measured by
indicators to Annex IV. See Annex IV
inter alia, the level of
the Commission against
improvement in asylum reception
qualitative and quantitative
conditions, in the quality of asylum indicators, inter alia, the level of
procedures, in the convergence of improvement in asylum
recognition rates across Member
reception conditions, in the
States, and in Member States'
quality of asylum procedures
resettlement efforts.
and increased convergence of
decision-making in similar case
profiles, in the convergence of
recognition rates across Member
States,
provision of reliable,
objective and up-to-date
information on countries of
origin and in Member States'
resettlement efforts.
[AM 36]
(aa) to support measures for
Agreement to drop this amendment
safe access to the Union asylum
system;
The achievement of this
Agreement to drop this amendment
objective shall be measured by
indicators, inter alia, the
opportunities that asylum
seekers have to access Union
asylum system in a safe manner
without resorting to people
17431/13
AA/es
59
ANNEX
DG D
LIMITE
EN
smugglers and criminal
networks and without putting
their lives in danger. [AM 37]
(b) to support legal migration to
(b) to support legal migration to (b) to support legal migration to the
Agreement on:
the Union in line with the
the Union in line with the
Member States (…) in line with
economic and social needs of
economic and social needs of
the
ir economic and social needs
(b) to support legal migration to the
Member States and promote the
Member States and
, promote the
(…) such as labour market needs, Member States in line with their
effective integration of third-
effective integration of third-
while reducing the abuse of legal economic and social needs such as
country nationals, including of
country nationals
and to
migration, and
to promote the
labour market needs, while safeguarding
asylum seekers and beneficiaries
strengthen respect for the
effective integration of third-
the integrity of the immigration systems
of international protection;
fundamental rights of
country nationals
(…);
of Member States, and to promote the
migrants, including of asylum
effective integration of third-country
seekers and beneficiaries of
nationals;
international protection;
[AM
38]
The achievement of this objective The achievement of this
deleted
Agreement on moving common
shall be measured by indicators,
objective shall be measured by
indicators to Annex IV. See Annex IV
inter alia, the level of increased
the Commission against
participation of third-country
qualitative and quantitative
nationals in employment,
indicators, inter alia, the level of
education and in democratic
increased participation of third-
processes.
country nationals
and stateless
persons in employment,
education and in democratic
processes
, access to housing
and healthcare.
[AM 39]
17431/13
AA/es
60
ANNEX
DG D
LIMITE
EN
(c) to enhance fair and effective
(c) to enhance fair and effective (c) to enhance fair and effective
Agreement on:
return strategies in the Member
return strategies in the Member return strategies in the Member
States with emphasis on
States with emphasis on
States
supporting the fight
(
sustainability of return and
sustainability of return and
against illegal immigration with
c) to enhance fair and effective return
effective readmission in the
effective readmission in the
an emphasis on sustainability of
strategies in the Member States, which
countries of origin;
countries of origin;
return and effective readmission in contribute to combating illegal
the countries of origin
and transit; immigration, with an emphasis on
sustainability of return and effective
readmission in the countries of origin
and transit.
The achievement of this objective The achievement of this
Deleted
Agreement on moving common
shall be measured by indicators,
objective shall be measured by
indicators to Annex IV. See Annex IV
inter alia, the number of returnees.
the Commission against
qualitative and quantitative
indicators
such as, inter alia, the
number of returnees
, the
number of persons having
benefited from reintegration
measures prior or subsequent
to their return, the number of
voluntary returns, and the
quality of the systems for
monitoring enforced returns.
[AM 40]
(d) to enhance the solidarity and
(d) to enhance the solidarity and (d) to enhance the solidarity and
Agreement on EP amendment.
responsibility sharing between the responsibility sharing between
responsibility sharing between the
Member States, in particular
the Member States, in particular Member States, in particular
towards those most affected by
towards those most affected by
towards those most affected by
migration and asylum flows.
migration and asylum flows
,
migration and asylum flows.
including through practical
17431/13
AA/es
61
ANNEX
DG D
LIMITE
EN
cooperation.
[AM 41]
The achievement of this objective The achievement of this
The achievement of
(…) the
Agreement on:
shall be measured by indicators,
objective shall be measured by
specific objective
s of this Fund
inter alia, the level of increased
the Commission against
shall be measured
(…) through
The achievement of the specific
mutual assistance between
qualitative and quantitative
common indicators,
(…)as set out objectives of this Fund shall be
Member States including through
indicators, inter alia, the level of
in Annex IV and specific
evaluated in accordance with Article
practical cooperation and
increased mutual assistance
programme indicators included
50(2) of the Horizontal Regulation
relocation.
between Member States
in national programmes.
using common indicators, as set out in
including through practical
Annex IV and programme-specific
cooperation and relocation
, and
indicators included in national
the level of human resources
programmes.
made available through EASO.
[AM 42]
2a. The achievement of the
Agreement to drop this amendment
specific objectives referred to in
paragraph 2 shall be measured
by qualitative and quantitative
cross-cutting indicators, inter
alia improvement of child-
protection provisions,
promotion of respect for family
life, access to basic services and
assistance to unaccompanied
minors regardless of their
residence status. [AM 44]
17431/13
AA/es
62
ANNEX
DG D
LIMITE
EN
2b. Measures taken to achieve
Agreement on:
the objectives referred to in
paragraphs 1 and 2 shall be
2b. Measures taken to achieve the
fully coherent with and
objectives referred to in paragraphs 1
complementary to measures
and 2 shall be fully coherent with
supported through the external
measures supported through the external
financing instruments of the
financing instruments of the Union and
Union and comply with the
with the objectives and principles of the
objectives and principles of the
Union external action.
Union external action. [AM 45]
2c. The objectives referred to in
Agreement on:
paragraphs 1 and 2 shall be
achieved with due regard for
2c. The objectives referred to in
the principles and objectives of
paragraphs 1 and 2 shall be achieved
the Union’s humanitarian
with due regard for the principles and
policy. Consistency and
objectives of the Union’s humanitarian
complementarity with the
policy. Consistency with the measures
measures funded by the
funded by the Union’s external
Union’s external financing
financing instruments shall be ensured
instruments shall be ensured in
in accordance with Article 24a.
accordance with Article 24a.
[AM 46]
17431/13
AA/es
63
ANNEX
DG D
LIMITE
EN
Article 4
Article 4
Article 4
Target groups
Target groups
Target groups
Agreement on deletion of this article.
Agreed to refer to the target groups in
the articles on eligible actions in
chapters II-IV.
1. The Fund shall contribute to the 1. The Fund shall contribute to
referred to in articles on eligible
financing of actions targeting one
the financing of actions
actions in chapters II-IV
or more of the following categories targeting one or more of the
of persons:
following categories of persons:
(a) any third-country national or
(a) any third-country national or
stateless person having the status
stateless person having the
defined by the Geneva Convention status defined by the Geneva
and who is permitted to reside as a Convention and who is
refugee in one of the Member
permitted to reside as a refugee
States;
in one of the Member States;
(b) any third-country national or
(b) any third-country national or
stateless person enjoying a form of stateless person enjoying a form
subsidiary protection within the
of subsidiary protection within
meaning of Directive 2004/83/EC; the meaning of Directive
2004/83/EC
2011/
95/
EU;
[AM
47]
(c) any third-country national or
(c) any third-country national or
stateless person who has applied
stateless person who has applied
for one of the forms of protection
for one of the forms of
referred to in points (a) and (b);
protection referred to in points
(a) and (b);
17431/13
AA/es
64
ANNEX
DG D
LIMITE
EN
(d) any third-country national or
(d) any third-country national or
stateless person enjoying
stateless person enjoying
temporary protection within the
temporary protection within the
meaning of Directive 2001/55/EC; meaning of Directive
2001/55/EC;
(e) any third-country national or
(e) any third-country national or
stateless person who is being or
stateless person who is being or
has been resettled in a Member
has been resettled in a Member
State;
State;
(f) any third-country national who (f) any third-country national
or
is residing legally in a Member
stateless person who is residing
State or who is in the process of
legally in a Member State or
acquiring legal residence in a
who is in the process of
Member State;
acquiring legal residence in a
Member State;
[AM 48]
(g) any third-country national who (g) any third-country national
or
is on the territory of a third
stateless person who is on the
country, who intend to migrate to
territory of a third country, who
the Union and who comply with
intends to migrate to the Union
specific pre-departure measures
and who
complies with specific
and/or conditions set out in
pre-departure measures
or
national law, including those
conditions set out in national
relating to the ability to integrate in law, including those relating to
the society of a Member State;
the ability to integrate in the
society of a Member State;
[AM
49]
17431/13
AA/es
65
ANNEX
DG D
LIMITE
EN
(h) any third-country national who (h) any third-country national
or
has not yet received a final
stateless person who has not yet
negative decision in relation to
received a final negative
their request to stay, legal
decision in relation to their
residence and/or international
request to stay, legal residence
protection in a Member State and
or international protection in a
who may choose to make use of
Member State and who may
voluntary return, provided they
choose to make use of voluntary
have not acquired a new
return, provided they have not
nationality and have not left the
acquired a new nationality and
territory of that Member State;
have not left the territory of that
Member State;
[AM 50]
(i) any third-country national
(i) any third-country national
or
enjoying the right to stay, legal
stateless person enjoying the
residence or a form of international right to stay, legal residence or a
protection within the meaning of
form of international protection
Directive 2004/83/EC or
within the meaning of Directive
temporary protection within the
2004/83/EC
2011/
95/
EU or
meaning of Directive 2001/55/EC temporary protection within the
in a Member State, and who has
meaning of Directive
chosen to make use of voluntary
2001/55/EC in a Member State,
return, provided they have not
and who has chosen to make use
acquired a new nationality and
of voluntary return, provided
have not left the territory of that
they have not acquired a new
Member State;
nationality and have not left the
territory of that Member State;
[AM 51]
17431/13
AA/es
66
ANNEX
DG D
LIMITE
EN
(j) any third-country national who (j) any third-country national
or
does not or no longer fulfil the
stateless person present on the
conditions for entry and/or stay in
territory of a Member State
a Member State.
who does not or no longer fulfil
the conditions for entry
or stay
in a Member State
including
third country nationals whose
return process has been
formally or informally
postponed.
[AM 52]
2. The target group shall comprise 2. The target group shall
family members of persons
comprise family members of
referred to above, where
persons referred to
in paragraph
appropriate, and in so far as the
1, where appropriate, and in so
same conditions apply.
far as the same conditions apply.
Article 4a
Partnership
For the purposes of the Fund,
Agreement on:
the partnership referred to in
Article 12 of Regulation (EU)
For the purposes of the Fund, the
No .../... [Horizontal
partnership referred to in Article 12 of
Regulation] shall include
Regulation (EU) No .../... [Horizontal
amongst the participating
Regulation] shall include relevant
authorities the competent
international organisations, non-
regional and local authorities,
governmental organisations and social
international organisations and
partners.
bodies representing civil
society, such as NGOs and the
social partners. [AM 53]
17431/13
AA/es
67
ANNEX
DG D
LIMITE
EN
CHAPTER II
CHAPTER II
CHAPTER II
COMMON EUROPEAN
COMMON EUROPEAN
COMMON EUROPEAN
ASYLUM SYSTEM
ASYLUM SYSTEM
ASYLUM SYSTEM
Article 5
Article 5
Article 5
Reception and asylum systems
Reception and asylum systems
Reception and asylum systems
1. Within the specific objective
1. Within the specific objective 1. Within the specific objective
Agreement on:
defined in point (a) of Article 3(2) defined in point (a) of Article
defined in point (a) of Article 3(2),
and in the light of the agreed
3(2) and in the light of the
and in line with the objectives of 1. Within the specific objective defined
conclusions of the policy dialogue agreed conclusions of the policy
the national programmes defined in point (a) of Article 3(2), and in the
as provided for in Article 13 of the dialogue as provided for in
in Article 20 (…) the Fund shall
light of the agreed conclusions of the
Regulation (EU) No …/…
Article 13 of the Regulation
support actions
(…) focusing on
policy dialogue as provided for in
[Horizontal Regulation], the Fund (EU) No …/… [Horizontal
one or more of the following
Article 13 of the Regulation (EU) No
shall support actions targeting
Regulation], the Fund shall
categories of third-country
…/… [Horizontal Regulation] and in
persons referred to in points (a) to support actions targeting
nationals (…):
line with the objectives of the national
(e) of Article 4(1) and relating, in
persons referred to in points (a)
programmes defined in Article 20, the
particular, to one or more of the
to (e) of Article 4(1) and
Fund shall support actions focusing on
following:
relating, in particular, to one or
one or more of the following categories
more of the following:
of third-country nationals:
- those who enjoy refugee status
- those who enjoy refugee status or
or subsidiary protection status
subsidiary protection status within the
within the meaning of Directive
meaning of Directive 2011/95/EU;
2011/95/EU;
- those who have applied for one
- those who have applied for one of the abovementioned forms of
of the abovementioned forms of
the protection and not yet received a
the protection and not yet
final decision;
17431/13
AA/es
68
ANNEX
DG D
LIMITE
EN
received a final decision;
- those who enjoy temporary protection
within the meaning of Directive
- those who enjoy temporary
2001/55/EC;
protection within the meaning of
Directive 2001/55/EC;
- those who are being or have been
resettled or relocated in a Member State;
- those who are being or have
been resettled or relocated in a
(…) In this context and as regards
Member State;
reception conditions and asylum
procedures, the Fund shall support, in
(…) In this context and as
particular, the following actions
regards reception conditions and focusing on the abovementioned
asylum procedures, the Fund
categories of persons (…):
shall support, in particular,
the
following actions focusing on the
abovementioned categories of
persons (…):
(a) provision of material aid,
(a) provision of material aid,
(a) provision of material aid,
and
Agreement on:
education, training, support
including humanitarian
medical (…) and psychological
services, health and psychological
assistance at the border,
care;
(a) provision of material aid, including
care;
education, training, support
assistance at the border, education,
services, health and
training, support services, health and
psychological care;
[AM 54]
psychological care;
(aa) provision of support services Agreement on Council text.
such as translation and
interpretation, education,
training, including language
training, and other intiatives
which are consistent with the
status of the person concerned;
17431/13
AA/es
69
ANNEX
DG D
LIMITE
EN
(aa) setting up and
Agreement on:
improvement of administrative
structures, systems and training
(aa) setting up and improvement of
for staff and relevant
administrative structures, systems and
administrative and judicial
training for staff and relevant authorities
authorities so as to ensure
to ensure effective and easy access to
smooth and easy access to
asylum procedures for asylum seekers
asylum procedures for asylum
and efficient and high-quality asylum
seekers and efficient and high-
procedures, in particular, where
quality asylum procedures;
necessary, to support development in
[AM 55]
the EU
acquis;
(ab) improvement and
Agreement to drop this amendment
maintenance of existing
accommodation infrastructure
and services; [AM 56]
(b) provision of social assistance,
(b) provision of social
(b) provision of social assistance,
Agreement on Council text.
information or help with
assistance, information or help
information or help with
administrative and/or judicial
with administrative
and judicial administrative and/or judicial
formalities and information or
formalities and information or
formalities and information or
counselling on the possible
counselling on the possible
counselling on the possible
outcomes of the asylum procedure, outcomes of the asylum
outcomes of the asylum procedure,
including on aspects such as
procedure, including on aspects including on aspects such as
(…)
voluntary return;
such as voluntary return;
return
procedures;
(c) provision of legal aid and
(c) provision of legal aid and
(c) provision of legal
(…)
Agreement on Council text.
language assistance;
language assistance;
assistance
and representation;
17431/13
AA/es
70
ANNEX
DG D
LIMITE
EN
(d) specific assistance for
(d) specific assistance for
(d)
identifications of vulnerable
Agreement on Council text.
vulnerable persons such as minors, vulnerable persons such as
groups and specific assistance for
unaccompanied minors, disabled
minors, unaccompanied minors, vulnerable persons
, in particular
persons, elderly people, pregnant
disabled persons, elderly people,
in line with (a) to (c) above (…);
women, single parents with minor pregnant women, single parents
children, victims of trafficking,
with minor children, victims of
persons with serious physical
trafficking, persons with serious
illnesses, mental illnesses or post-
physical illnesses, mental
traumatic disorders, and persons
illnesses or post-traumatic
who have been subjected to
disorders,
persons at risk of
torture, rape or other serious forms
violence on account of one of
of psychological, physical or
the grounds referred to in
sexual violence;
Article 21(1) of the Charter of
Fundamental Rights of the
European Union, and persons
who have been subjected to
torture, rape or other serious
forms of psychological, physical
or sexual violence;
[AM 57]
(e) information for local
(e) information for local
Deleted
Agreement on deletion.
communities as well as training for communities as well as training
the staff of local authorities, who
for the staff of local authorities,
will be interacting with those being who will be interacting with
received;
those being received
, especially
on compliance with
fundamental rights of asylum
seekers;
this includes training
for staff who will be interacting
with the vulnerable persons .
referred to in point (d);
[AM
58]
17431/13
AA/es
71
ANNEX
DG D
LIMITE
EN
(f) provision of integrative actions (f) provision of integrative
Deleted
Agreement on deletion.
from the list set out in Article 9(1), actions from the list set out in
where this is combined with the
Article 9(1), where this is
reception of persons referred to in combined with the reception of
points (a) to (e) of Article 4(1).
persons referred to in points (a)
to (e) of Article 4(1);
(fa) establishment, development
Agreement on EP amendment.
and improvement of alternative
measures to detention. [AM 59]
Where deemed appropriate and
Agreement on Council text.
where the national programme of
a Member State provides for, the
Fund may also support
integration related measures,
such as those referred to in
Article 9 (1) in relation with the
reception of persons referred to
above.
1a. Within the specific objective
Agreement on Council text.
defined in point (a) of Article
3(2), and in line with the
objectives of the national
programmes defined in Article
20, as regards accomodation
infrastructure and reception
systems, the Fund shall support,
in particular, the following
actions:
17431/13
AA/es
72
ANNEX
DG D
LIMITE
EN
(a) improvement and
Agreement on Council text.
maintenance of existing
accommodation infrastructure
and services;
(b) strengthening and improving Agreement on Council text.
of administrative structures and
systems;
(c) information for local
Agreement on Council text.
communities;
(d) training for the staff of
Agreement on:
authorities dealing with the
reception of persons referred to
(d) training for the staff of authorities,
in paragraph 1;
including local authorities who will be
interacting with the persons referred to
in paragraph 1in the context of their
reception;
(e) establishment and
Agreement on:
development of new
accommodation infrastructure
(e) establishment, running and
and services as well as
development of new accommodation
adminstrative structures and
infrastructure and services as well as
systems, in particular, where
adminstrative structures and systems, in
necessary, to address the
particular, where necessary, to address
structural needs of Member
the structural needs of Member States;
States;
17431/13
AA/es
73
ANNEX
DG D
LIMITE
EN
(f) training of staff and relevant
Agreement to drop this amendment
authorities to ensure effective
access to asylum procedures as
well as fair and efficient asylum
procedures, in particular, where
necessary, to support
developments in the EU acquis.
2. In the new Member States
2. In the new Member States
deleted
Agreement on Council text (acceptance
accessing the Union as of 1
accessing the Union as of 1
of deletion).
January 2013 and in Member
January 2013 and in Member
States faced with specific,
States faced with specific,
structural deficiencies in the area
structural deficiencies in the
of accommodation infrastructure
area of accommodation
and services, in addition to the
infrastructure and services, in
eligible actions listed under
addition to the eligible actions
paragraph 1, the Fund may also
listed under paragraph 1, the
support actions aiming at:
Fund may also support actions
aiming at:
(a) establishment, development
(a) establishment, development
deleted
Agreement on Council text (acceptance
and improvement of
running and improvement of
of deletion).
accommodation infrastructure and accommodation infrastructure
services;
and services;
[AM 60]
(b) setting up of administrative
(b) setting up of administrative
deleted
Agreement on Council text (acceptance
structures, systems and training of structures, systems and training
of deletion).
staff and relevant judicial
of staff and relevant
authorities to ensure smooth access
administrative and judicial
to asylum procedures for asylum
authorities to ensure smooth
seekers and efficient and quality
access to asylum procedures for
asylum procedures.
asylum seekers and efficient and
quality asylum procedures.
[AM
61]
17431/13
AA/es
74
ANNEX
DG D
LIMITE
EN
3. Within the specific objectives
Agreement on:
defined in points (a) and (d) of
Article 3(2), and in line with the
objectives of the national
3. Within the specific objectives defined
programmes defined in Article
in points (a) and (d) of Article 3(2), and
20, the Fund shall also support
in line with the objectives of the
actions similar to those listed in
national programmes defined in Article
paragraph 1, where these are
20, the Fund shall also support actions
related to persons who are
similar to those listed in paragraph 1,
temporarily staying in transit
where these are related to persons who
and processing centres for
refugees, in particular to support are temporarily staying:
resettlement operations in
cooperation with the UNHCR.
- in transit and processing centres for
refugees, in particular to support
resettlement operations in cooperation
with the UNHCR,
or
-
on the territory of a Member State
in the context of other humanitarian
admission programmes.
Article 6
Article 6
Article 6
Member States' capacity to
Member States' capacity to
Member States' capacity to
Agreement on Council text.
develop, monitor and evaluate
develop, monitor and evaluate
develop, monitor and evaluate their
their asylum policies
their asylum policies
asylum policies
and procedures
17431/13
AA/es
75
ANNEX
DG D
LIMITE
EN
Within the specific objective
Within the specific objective
Within the specific objective
Agreement on:
defined in point (a) of Article 3(2) defined in point (a) of Article
defined in point (a) of Article 3(2),
and in the light of the agreed
3(2) and in the light of the
and in line with the objectives of
conclusions of the policy dialogue agreed conclusions of the policy
the national programmes defined Within the specific objective defined in
as provided for in Article 13 of the dialogue as provided for in
in Article 20,
(…) as regards
point (a) of Article 3(2), and in the light
Regulation (EU) No …/…
Article 13 of the Regulation
actions relating to the
of the agreed conclusions of the policy
[Horizontal Regulation],
the
(EU) No …/… [Horizontal
enhancement of Member States' dialogue as provided for in Article 13 of
following actions, shall in
Regulation],
the following
capacity to develop, monitor and the Regulation (EU) No …/…
particular be eligible:
actions shall in particular be
evaluate their asylum policies
[Horizontal Regulation] and in line with
the objectives of the national
eligible:
and procedures, the Fund shall
support, in particular the
programmes defined in Article 20, as
following actions:
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:
(a) actions enhancing the capacity (a) actions enhancing the
(a) actions enhancing the capacity
Agreement on EP amendment.
of Member States to collect,
capacity of Member States
-
of Member States to collect,
analyse and disseminate data and
including in relation to the
analyse and disseminate data and
statistics on asylum procedures,
mechanism for early warning,
statistics on asylum procedures,
reception capacities, resettlement
preparedness and crisis
reception capacities, resettlement
and relocation actions;
management established in
and relocation actions;
Regulation (EU) No [.../...] [the
Dublin Regulation] - to collect,
analyse and disseminate
qualitative and quantitative
data and statistics on asylum
procedures, reception capacities,
resettlement and relocation
actions;
[AM 62]
17431/13
AA/es
76
ANNEX
DG D
LIMITE
EN
(aa) actions enhancing the
Agreement on Council text.
capacity of Member States to
collect, analyse and disseminate
country of origin information;
(b) actions directly contributing to (b) actions directly contributing (b) actions directly contributing to
Agreement on EP amendment.
the evaluation of asylum policies,
to the evaluation of asylum
the evaluation of asylum policies,
such as national impact
policies, such as national impact such as national impact
assessments, surveys amongst
assessments, surveys amongst
assessments, surveys amongst
target groups, the development of
target groups
and other relevant target groups, the development of
indicators and benchmarking.
stakeholders, the development
indicators and benchmarking.
of indicators and benchmarking.
[AM 63]
Article 7
Article 7
Article 7
Resettlement and relocation
Resettlement and relocation
Resettlement
and relocation
Agreement on :
Resettlement and relocation
other
humanitarian admission programmes
Within the specific objective
Within the specific objective
1. Within the specific objective
Agreement on:
defined in points (a) and (d) of
defined in points (a) and (d) of
defined in points (a) and (d) of
Article 3(2) and in the light of the Article 3(2)
and in the light of
Article 3(2) and in
line with the
1. Within the specific objective defined
agreed conclusions of the policy
the agreed conclusions of the
objectives of the national
in points (a) and (d) of Article 3(2) and
dialogue as provided for in Article policy dialogue as provided for
programmes defined in Article 20 in line with the objectives of the
13 of the Regulation (EU) No
in Article 13 of the Regulation
(…), the Fund shall
support, in
national programmes defined in Article
…/… [Horizontal Regulation], the (EU) No …/… [Horizontal
particular,
(…) the following
20, the Fund shall support, in particular,
Fund shall, in particular, support
Regulation], the Fund shall, in
actions related to resettlement
(…): the following actions related to
the following actions related to
particular, support the following
resettlement
and other humanitarian
resettlement of persons referred to actions related to resettlement of
admission programmes:
in point (e) of Article 4 and/or
persons referred to in point (e)
relocation of persons referred to in of Article 4
and relocation of
17431/13
AA/es
77
ANNEX
DG D
LIMITE
EN
points (a), (b) and (c) of Article
persons referred to in points (a),
4(1):
(b) and (c) of Article 4(1):
(a) establishment and development (a) establishment and
(a) establishment and development
Agreement on:
of national resettlement and
development of national
of national resettlement
(…)
relocation programmes;
resettlement and relocation
programmes;
(a) establishment and development of
programmes;
national resettlement
and other
humanitarian admission
programmes;
(b) establishment of appropriate
(b) establishment of appropriate (b) establishment of appropriate
Agreement on:
infrastructure and services to
infrastructure and services to
infrastructure and services to
ensure the smooth and effective
ensure the smooth and effective ensure the smooth and effective
(b) establishment of appropriate
implementation of resettlement
implementation of resettlement implementation of resettlement
infrastructure and services to ensure the
and relocation actions;
and relocation actions
,
(…) actions;
smooth and effective implementation of
including language assistance
resettlement actions
and actions
and complying with the
concerning other humanitarian
fundamental rights of the
admission programmes, including
persons concerned;
[AM 64]
language assistance;
(c) setting up of structures, systems (c) setting up of structures,
(c) setting up of structures, systems
and training of staff to conduct
systems and training of staff to
and training of staff to conduct
missions to the third countries
conduct missions to
other
missions to the third countries
and/or other Member States, to
Member States or third
and/or other Member States, to
carry out interviews, medical and
countries, to carry out
carry out interviews, medical and
security screening;
interviews, medical and security security screening;
screening;
17431/13
AA/es
78
ANNEX
DG D
LIMITE
EN
(d) assessment of potential
(d) assessment of potential
(d) assessment of potential
Agreement on :
resettlement and/or relocation
resettlement
and relocation
resettlement
(…) cases by the
cases by the competent Member
cases by the competent Member competent Member States'
(d) assessment of potential resettlement
States' authorities, such as
States' authorities, such as
authorities, such as conducting
cases
and/or cases of other
conducting missions to the third
conducting missions to
other
missions to the third country
(…),
humanitarian admission by the
country and/or other Member
Member States or third
interviews, medical and security
competent Member States' authorities,
State, interviews, medical and
countries, interviews, medical
screening;
such as conducting missions to the third
security screening;
and security screening;
country, interviews, medical and
security screening
(e) pre-departure health assessment (e) pre-departure health
(e) pre-departure health assessment
Agreement on Council text.
and medical treatment, pre-
assessment and medical
and medical treatment, pre-
departure material provisions, pre- treatment, pre-departure
departure material provisions, pre-
departure information measures
material provisions, pre-
departure information
and
and travel arrangements, including departure information measures
integration measures and travel
the provision of medical escort
and travel arrangements,
arrangements, including the
services;
including the provision of
provision of medical escort
medical escort services;
services;
(f) information and assistance upon (f) information and assistance
(f) information and assistance upon
Agreement on Council text.
arrival, including interpretation
upon arrival, including
arrival
or shortly thereafter,
services;
interpretation services;
including interpretation services;
(fa) actions for family
Agreement on EP amendment.
reunification purposes for
persons being resettled in a
Member State; [AM 65]
17431/13
AA/es
79
ANNEX
DG D
LIMITE
EN
(g) strengthening of infrastructure (g) strengthening of
migration
(g) strengthening of
migration and
and services in the countries
and asylum relevant
asylum relevant infrastructure and
designated for the implementation infrastructure and services in the services in the countries designated
of Regional Protection
countries designated for the
for the implementation of Regional
Programmes.
implementation of Regional
Protection Programmes.
Protection Programmes.
; [AM
66]
(ga) establishment and
Agreement to drop this amendment
development of strategies on
(merger with (a))
resettlement and relocation,
including needs analysis,
improvement of indicators and
evaluation; [AM 67]
(gb) creating conditions
Agreement on EP amendment.
conducive to the integration,
autonomy and self-reliance of
resettled refugees on a long-
term basis. [AM 68]
17431/13
AA/es
80
ANNEX
DG D
LIMITE
EN
2.Within the specific objective
Agreement on:
defined in point (d) of Article
3(2), and in line with the
objectives of the national
2. Within the specific objective defined
programmes defined in Article
in point (d) of Article 3(2), and in the
20, the Fund shall also support
light of the agreed conclusions of the
actions similar to those listed in
policy dialogue as provided for in
paragraph 1, where deemed
Article 13 of the Regulation (EU) No
appropriate in light of policy
.../...Horizontal Regulation] and in line
developments within the
with the objectives of the national
implementation period of the
programmes defined in Article 20, the
Fund or where the national
Fund shall also support actions similar
programme of a Member State
to those listed in paragraph 1, where
makes such provisions, in
deemed appropriate in light of policy
relation to relocation.
developments within the
implementation period of the Fund or
where the national programme of a
Member State makes such provisions, in
relation to
the transfer of beneficiaries
of and the transfer of applicants for
international protection. Such
operations shall be carried out with
their consent from a Member State
which granted them international
protection or is responsible for
examining their application to
another interested Member State
where they will be granted equivalent
protection or where their application
for international protection will be
examined.
17431/13
AA/es
81
ANNEX
DG D
LIMITE
EN
3. The actions listed in
Agreement on deletion
paragraphs 1 and 2 may include,
where appropriate, family
members of persons to be
resettled or relocated.
CHAPTER III
CHAPTER III
CHAPTER III
INTEGRATION OF THIRD-
INTEGRATION OF THIRD-
INTEGRATION OF THIRD-
COUNTRY NATIONALS AND
COUNTRY NATIONALS
COUNTRY NATIONALS AND
LEGAL MIGRATION
AND LEGAL MIGRATION
LEGAL MIGRATION
Article 8
Article 8
Article 8
Immigration and pre-departure
Immigration and pre-departure
Immigration and pre-departure
measures
measures
measures
In order to facilitate legal
In order to facilitate legal
Within the specific objective
Agreement on:
migration to the Union and better
migration to the Union and
defined in point (b) of Article 3(2)
to prepare persons referred to in
better to prepare persons
and in line with the objectives of Within the specific objective defined in
point (g) of Article 4(1) for their
referred to in point (g) of Article
the national programmes defined point (b) of Article 3(2), and in the light
integration into the receiving
4(1) for their integration into the
in Article 20, (…) the Fund shall of the agreed conclusions of the policy
society within the specific
receiving society within the
support actions taking place in
dialogue as provided for in Article 13 of
objective defined in point (b) of
specific objective defined in
the country of origin which focus the Regulation (EU) No …/…
Article 3(2) and in the light of the point (b) of Article 3(2) and in
on third-country nationals, who
[Horizontal Regulation] and in line with
agreed conclusions of the policy
the light of the agreed
comply with specific pre-
the objectives of the national
dialogue as provided for in Article conclusions of the policy
departure measures and/or
programmes defined in Article 20, the
13 of the Regulation (EU) No
dialogue as provided for in
conditions set out in national law Fund shall support actions taking place
…/… [Horizontal Regulation], the Article 13 of the Regulation
and in accordance with EU law
in a third country which focus on third-
following actions taking place in
(EU) No …/… [Horizontal
where applicable, including those country nationals, who comply with
the country of origin, shall in
Regulation], the following
relating to the ability to integrate specific pre-departure measures and/or
particular be eligible:
actions taking place in the
in the society of a Member State. conditions set out in national law and in
17431/13
AA/es
82
ANNEX
DG D
LIMITE
EN
country of origin, shall in
(…)
accordance with EU law where
particular be eligible
, while
applicable, including those relating to
respecting
In this context, the Fund (…)
policy coherence for
the ability to integrate in the society of a
development and, in particular, shall
support, in particular
(…) the Member State.
Union commitments in support following actions:
In this context, the Fund (…) shall
of combating the brain drain:
support, in particular (…) the following
[AM 69]
actions:
(a) information packages and
(a) information packages and
(a) information packages and
(…)
Agreement on Council text.
awareness-raising campaigns,
awareness-raising campaigns,
campaigns
to raise awareness and
including via user friendly
including via user friendly
promote intercultural dialogue,
communication and information
communication and information including via user friendly
technology and websites;
technology and websites
,
communication and information
disseminated in the different
technology and websites;
countries in a coordinated way
and in accordance with a
common European message;
[AM 70]
(b) assessment of skills and
(b) assessment of skills and
(b) assessment of skills and
Agreement on Council text.
qualifications and enhancement of qualifications and enhancement qualifications
(…) as well as
transparency and equivalence of
of transparency and equivalence enhancement of transparency and
skills and qualifications in the
of skills and qualifications in the
compatibility (…) of skills and
countries of origin;
countries of origin;
qualifications in
(…) a third
country with those of Member
State;
(c) vocational training;
(c) vocational training;
(c)
(…) training
enhancing
Agreement on Council text.
employability in a Member State;
17431/13
AA/es
83
ANNEX
DG D
LIMITE
EN
(d) comprehensive civic
(d) comprehensive civic
(d) comprehensive civic orientation
orientation courses and language
orientation courses and language courses and language tuition.
tuition.
tuition.
(dd) assistance in the context of
Agreement on Council text.
applications for family
reunification within the meaning
of Directive 2003/86/EC.
Article 9
Article 9
Article 9
Integration measures at local and
Integration measures at local
Integration measures
at local and
Agreement on Council text
regional level
and regional level
regional level
1. Within the specific objective
1. Within the specific objective 1. Within the specific objective
Agreement on:
defined in point (b) of Article 3(2), defined in point (b) of Article
defined in point (b) of Article 3(2),
eligible actions shall take place in
3(2), eligible actions shall take
and in line with the objectives of 1.Within the specific objective defined
the framework of consistent
place in the framework of
the national programmes defined in point (b) of Article 3(2), and in the
strategies, implemented by non-
consistent strategies,
in Article 20, (…) the Fund shall light of the agreed conclusions of the
governmental organisations, local implemented by
international
support actions
(…) which take
policy dialogue as provided for in
and/or regional authorities and
organisations, NGOs, and local place in the framework of
Article 13 of the Regulation (EU) No
specifically designed for the
or regional authorities and
consistent
integration strategies,
…/… [Horizontal Regulation] and in
integration, at the local and/or
specifically designed for the
which include the local and/or
line with the objectives of the national
regional level, as appropriate, of
integration, at the local
or
regional level where appropriate programmes defined in Article 20, the
persons referred to in points (a) to regional level, as appropriate, of
(…).
Fund shall support actions which take
(g) of Article 4(1). In this context, persons referred to in points (a)
place in the framework of consistent
eligible actions shall in particular
to (g) of Article 4(1). In this
In this context
, (…)the Fund shall
support
strategies, taking into account the
include the following:
context, eligible actions shall in
, in particular
, (…) the
following
actions focusing on the integration needs of third country
particular include the following:
nationals at local/regional level.
[AM 71]
third-country nationals who are
residing legally in a Member
In this context, (…)the Fund shall
State or, where appropriate, who support, in particular, (…) the following
are in the process of acquiring
actions focusing on the third-country
legal residence in a Member
nationals who are residing legally in a
17431/13
AA/es
84
ANNEX
DG D
LIMITE
EN
State:
Member State or, where appropriate,
who are in the process of acquiring legal
residence in a Member State:
(a) setting up and developing such (a) setting up and developing
(a) setting up and developing such
Agreement on:
integration strategies, including
such integration strategies
with
integration strategies, including
needs analysis, the improvement of
the participation of local or
needs analysis, the improvement of (a) setting up and developing such
indicators and evaluation;
regional actors, including needs indicators and evaluation;
integration strategies with the
analysis, the improvement of
participation of local or regional actors,
integration indicators
, and
where appropriate, including needs
evaluation
of the conditions
analysis, the improvement of integration
particular to asylum-seekers,
indicators, and evaluation, including
including participatory
participatory assessments, in order to
assessments, in order to identify
identify best practices;
best practices;
[AM 72]
(b) advice and assistance in areas
(b) advice and assistance in
(b) advice and assistance in areas
Agreement on:
such as housing, means of
areas such as housing, means of such as housing, means of
subsistence, administrative and
subsistence,
integration into the subsistence, administrative and
(b) advice and assistance in areas such
legal guidance, medical,
labour market, administrative
legal guidance, medical,
as housing, means of subsistence,
psychological and social care,
and legal guidance, medical,
psychological and social care, child administrative and legal guidance,
child care;
psychological and social care,
care;
health, psychological and social care,
child care
and family
child care and family reunification.
reunification;
[AM 73]
(c) actions introducing third-
(c) actions introducing third-
(c) actions introducing third-
country nationals to the receiving
country nationals to the
country nationals to the receiving
society and actions enabling them receiving society and actions
society and actions enabling them
to adapt to it, to inform them on
enabling them to adapt to it, to
to adapt to it, to inform them on
their rights and obligations, to
inform them on their rights and their rights and obligations, to
participate in civil and cultural life obligations, to participate in
participate in civil and cultural life
and to share the values enshrined
civil and cultural life and to
and to share the values enshrined in
in the Charter of Fundamental
share the values enshrined in the the Charter of Fundamental Rights
Charter of Fundamental Rights
17431/13
AA/es
85
ANNEX
DG D
LIMITE
EN
Rights of the European Union;
of the European Union;
of the European Union;
(d) measures focusing on
(d) measures focusing on
(d) measures focusing on education
Agreement on Council text.
education, including language
education, including language
and training, including language
training and preliminary actions to training and preliminary actions training and
(…) preparatory
facilitate access to the labour
to facilitate access to the labour actions to facilitate access to the
market;
market;
labour market;
(e) actions designed to promote
(e) actions designed to promote (e) actions designed to promote
self-empowerment and to enable
self-empowerment and to enable self-empowerment and to enable
third-country nationals to provide
third-country nationals to
third-country nationals to provide
for themselves;
provide for themselves;
for themselves;
(f) actions that promote
(f) actions that promote
(f) actions that promote meaningful
Agreement on Council text.
meaningful contact and
meaningful contact and
contact and constructive dialogue
constructive dialogue between
constructive dialogue between
between third-country nationals
third-country nationals and the
third-country nationals and the
and the receiving society and
receiving society and actions to
receiving society and actions to actions to
(…)promote acceptance
increase acceptance by the
increase acceptance by the
by the receiving society, including
receiving society, including
receiving society, including
through the involvement of the
through the involvement of the
through the involvement of the
media;
media;
media;
(g) actions promoting both equality (g) actions promoting both
(g) actions promoting both equality
of access and equality of outcomes equality of access and equality
of access and equality of outcomes
in relation to third-country
of outcomes in relation to third- in relation to third-country
nationals' dealings with public and country nationals' dealings with nationals' dealings with public and
private services, including
public and private services,
private services, including
adaptation of these services to
including adaptation of these
adaptation of these services to
dealing with third-country
services to dealing with third-
dealing with third-country
nationals;
country nationals;
nationals;
17431/13
AA/es
86
ANNEX
DG D
LIMITE
EN
(h) capacity building of
(h) capacity building of
(h) capacity building of
(…)
Agreement on:
implementing organisations,
implementing organisations,
beneficiaries, including
through
including exchange of experience
including exchange of
exchange of experience and good
(h) capacity building of (…)
and good practices, and
experience and good practices,
practices, and networking.
beneficiaries, as defined in Article 2(g)
networking.
and networking.
of the Regulation (EU)
N°.../...[Horizontal Regulation],
including through exchange of
experience and good practices, and
networking.
2. Actions referred to in paragraph 2. Actions referred to in
2. Actions referred to in paragraph
Agreement on:
1 shall take into account the
paragraph 1 shall take into
1 shall
, where appropriate, take
specific needs of different
account the specific needs of
into account the specific needs of
2. Actions referred to in paragraph 1
categories of third-country
different categories of third-
different categories of third-country shall, in all cases where necessary ,take
nationals and their family
country nationals and their
nationals, including
(…)
into account the specific needs of
members, including those entering family members, including
beneficiaries of international
different categories of third-country
or residing for employment or self- those entering or residing for
protection,
(…), resettled or
nationals, including beneficiaries of
employment and family
employment or self-employment relocated persons and
, especially
international protection, resettled or
reunification purposes,
and family reunification
vulnerable
persons (…).
relocated persons and, especially
beneficiaries of international
purposes, beneficiaries of
vulnerable persons.
protection, asylum seekers,
international protection, asylum
resettled or relocated persons and
seekers, resettled or relocated
vulnerable groups of migrants, in
persons and vulnerable groups
particular, minors, unaccompanied of migrants, in particular,
minors, disabled persons, elderly
minors, unaccompanied minors,
people, pregnant women, single
disabled persons, elderly people,
parents with minor children,
pregnant women, single parents
victims of trafficking, and persons with minor children, victims of
who have been subjected to
trafficking,
persons at risk of
torture, rape or other serious forms
violence on account of one of
of psychological, physical or
the grounds referred to in
17431/13
AA/es
87
ANNEX
DG D
LIMITE
EN
sexual violence.
Article 21(1) of the Charter of
Fundamental Rights of the
European Union, and persons
who have been subjected to
torture, rape or other serious
forms of psychological, physical
or sexual violence.
[AM 74]
3. Actions referred to in paragraph 3. Actions referred to in
[deleted]
Agreement on:
1 may include, where appropriate, paragraph 1 may include, where
citizens of a Member State with a
appropriate, citizens of a
3.National programmes may allow for
migration background, meaning
Member State with a migration
the inclusion in actions referred to in
having at least one parent (i.e.
background, meaning having at
paragraph 1 of immediate relatives of
mother or father) who is a third
least one parent (i.e. mother or
persons covered by the target group
country national.
father) who is a third country
referred to in the said paragraph to the
national.
extent that this is necessary for the
effective implementation of such
actions.
4. For the purpose of programming 4. For the purpose of
4. For the purpose of programming
and implementation of actions
programming and
and implementation of actions
referred to in paragraph 1, the
implementation of actions
referred to in paragraph 1, the
partnership referred to in Article
referred to in paragraph 1, the
partnership referred to in Article 12
12 of the Regulation (EU) No
partnership referred to in Article of the Regulation (EU) No …/…
…/… [Horizontal Regulation]
12 of the Regulation (EU) No
[Horizontal Regulation] shall
shall include authorities designated …/… [Horizontal Regulation]
include authorities designated by
by Member States for the purpose shall include authorities
Member States for the purpose of
of the management of the
designated by Member States
the management of the
interventions of the European
for the purpose of the
interventions of the European
Social Fund.
management of the interventions Social Fund.
of the European Social Fund.
17431/13
AA/es
88
ANNEX
DG D
LIMITE
EN
Article 10
Article 10
Article 10
Capacity building measures
Capacity building measures
Practical co-operation and
Agreement on Council text
Ccapacity building measures
Within the specific objective
Within the specific objective
Within the specific objective
Agreement on:
defined in point (b) of Article 3(2) defined in point (b) of Article
defined in point (b) of Article 3(2)
and in the light of the agreed
3(2) and in the light of the
and
in line with the objectives of
Within the specific objective defined in
conclusions of the policy dialogue agreed conclusions of the policy
the national programmes defined point (b) of Article 3(2), and in the light
as provided for in Article 13 of the dialogue as provided for in
in Article 20 (…) as regards the
of the agreed conclusions of the policy
Regulation (EU) No …/…
Article 13 of the Regulation
capacity building measures, the
dialogue as provided for in Article 13 of
[Horizontal Regulation], eligible
(EU) No …/… [Horizontal
Fund (…) shall
support, in
the Regulation (EU) No …/…
actions shall in particular include
Regulation], eligible actions
particular
(…) the following
[Horizontal Regulation] and in line with
the following:
shall in particular include the
actions:
the objectives of the national
following:
programmes defined in Article 20, the
Fund shall support actions (…) focusing
on one or more of the following
categories of third-country nationals
(…):
(a) building up strategies
(a) building up strategies
(a) building up strategies promoting
Agreement on Council text.
promoting legal migration with a
promoting legal migration with legal migration with a view to
view to facilitating the
a view to facilitating the
facilitating the development and
development and implementation
development and
implementation of flexible
of flexible admission procedures,
implementation of flexible
admission procedures,
(…)
inter alia by supporting
admission procedures, inter alia
cooperation between recruitment
by supporting cooperation
agencies and employment services between recruitment agencies
from Member States and third
and employment services from
countries, as well as supporting
Member States and third
Member States in their
countries, as well as supporting
implementation of Union
Member States in their
migration law, consultation
implementation of Union
17431/13
AA/es
89
ANNEX
DG D
LIMITE
EN
processes with relevant
migration law, consultation
stakeholders and expert advice or
processes with relevant
information exchanges on
stakeholders and expert advice
approaches which target specific
or information exchanges on
nationalities or categories of third- approaches which target specific
country nationals with respect to
nationalities or categories of
needs of the labour markets;
third-country nationals with
respect to needs of the labour
markets;
(aa) supporting cooperation
Agreement on Council text.
between third countries
recruitment agencies,
employment services and
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 needs of the labour
markets;
17431/13
AA/es
90
ANNEX
DG D
LIMITE
EN
(b) reinforcing the capacity of
(b) reinforcing the capacity of
(b) reinforcing the capacity of
Agreement on EP amendment.
Member States to develop,
Member States to develop,
Member States to develop,
implement, monitor and evaluate
implement, monitor and
implement, monitor and evaluate
their immigration strategies,
evaluate their immigration
their immigration strategies,
policies and measures across the
strategies, policies and measures policies and measures across the
different levels and departments of across the different levels and
different levels and departments of
administrations, in particular
departments of administrations, administrations, in particular
enhancement of their capacity to
in particular enhancement of
enhancement of their capacity to
collect, analyse and disseminate
their capacity to collect, analyse collect, analyse and disseminate
data and statistics on migration
and disseminate
detailed and
data and statistics on migration
procedures and flows, residence
systematic data and statistics on procedures and flows, residence
permits and development of
migration procedures and flows, permits and development of
monitoring tools, evaluation
residence permits and
monitoring tools, evaluation
schemes, indicators and
development of monitoring
schemes, indicators and
benchmarking for measuring
tools, evaluation schemes,
benchmarking for measuring
achievements of these strategies;
indicators and benchmarking for achievements of these strategies;
measuring achievements of
these strategies;
[AM 75]
(c) furthering intercultural
(c) furthering intercultural
(c)
(…) training of beneficiaries
Agreement on:
capacities of implementing
capacities of implementing
and staff providing public and
organisations providing public and organisations providing public
private services, including
private services, including
and private services, including
educational institutions, promoting c) (…) training of beneficiaries,as
educational institutions, promoting educational institutions,
with
the exchange of experience and
defined in Article 2(g) of the Regulation
the exchange of experience and
regard to interculturality
(EU) N°.../...[Horizontal Regulation],
and
good practices, cooperation and
good practices, cooperation and
human rights; promoting the
networking,
and intercultural
and staff providing public and private
networking;
exchange of experience and
capacities, as well as improving
services, including educational
good practices, cooperation and
the quality of services provided;
institutions, promoting the exchange of
networking;
[AM 76]
experience and good practices,
cooperation and networking, and
intercultural capacities, as well as
improving the quality of services
provided;
17431/13
AA/es
91
ANNEX
DG D
LIMITE
EN
(d) building sustainable
(d) building sustainable
(d) building sustainable
Agreement on Council text.
organisational structures for
organisational structures for
organisational structures for
integration and diversity
integration and diversity
integration and diversity
management, in particular through management, in particular
management, in particular through
cooperation between different
through cooperation between
cooperation between different
stakeholders enabling officials at
different stakeholders enabling
stakeholders enabling officials at
various levels of national
officials at various levels of
various levels of national
administrations to swiftly gain
national administrations to
administrations to swiftly gain
information about experiences and swiftly gain information about
information about experiences and
best practices elsewhere and,
experiences and best practices
best practices elsewhere and, where
where possible, to pool resources; elsewhere and, where possible,
possible, to pool resources
between
to pool resources;
relevant authorities as well as
between governmental and non-
governmental bodies to more
effectively provide services to
third-country nationals, inter alia
through one-stop-shops (i.e.
coordinated integration support
centres);
17431/13
AA/es
92
ANNEX
DG D
LIMITE
EN
(e) contributing to a dynamic two-
(e) contributing to a dynamic
(e)
(…) developing platforms for
Agreement on:
way process of mutual interaction, two-way process of mutual
consultation of third-country
underlying integration strategies at interaction, underlying
nationals, exchange of information (e) contributing to a dynamic two-way
local and regional level by
integration strategies at local
(…) among stakeholders and
process of mutual interaction,
developing platforms for
and regional level by developing intercultural and religious dialogue underlying integration strategies at local
consultation of third-country
platforms for
consulting third-
platforms between third country
and regional level by developing
nationals, exchange of information country nationals,
exchanging
nationals' communities and/or
platforms for consultation of third-
between stakeholders and
information between
between these communities and the country nationals, exchange of
intercultural and religious dialogue stakeholders and intercultural
receiving society and/or between
information (…) among stakeholders
platforms between third country
and religious dialogue platforms those communities and policy and
and intercultural and religious dialogue
nationals' communities and/or
between third-country nationals' decision-making authorities.
platforms between third country
between these communities and
communities
, between those
nationals' communities and/or between
the receiving society and/or
communities and the receiving
these communities and the receiving
between those communities and
society
, and between those
society and/or between those
policy and decision-making
communities and policy and
communities and policy and decision-
authorities.
decision-making authorities.
making authorities.
(f) actions to promote and
Agreement on:
reinforce the practical
cooperation between the relevant (f) actions to promote and reinforce the
authorities of Member States,
practical cooperation between the
with a focus, inter alia, on
relevant authorities of Member States,
exchange of best practices and
with a focus, inter alia, on exchange of
strategies and developing and
information, best practices and
implementing joint actions.
strategies and developing and
implementing joint actions, including
with a view to safeguarding the integrity
of the immigration systems of Member
States
.
17431/13
AA/es
93
ANNEX
DG D
LIMITE
EN
(g) cooperation between Member Agreement on deletion
States in order to combat intra
EU illegal immigration flows,
study forms of migration fraud
and analyse modi operandi;
(h) cooperation between Member Agreement on deletion
States with a view to combating
fraud and the abuse of legal
migration channels, including
exchange of information and
joint actions targeting migration
fraud.
CHAPTER IV
CHAPTER IV
CHAPTER IV
RETURN
RETURN
RETURN
Article 11
Article 11
Article 11
Measures accompanying return
Measures accompanying return Measures accompanying return
procedures
procedures
procedures
Within the specific objective
Within the specific objective
Within the specific objective
Agreement on:
defined in point (c) of Article 3(2) defined in point (c) of Article
defined in point (c) of Article 3(2)
and in the light of the agreed
3(2) and in the light of the
and in
line with the objectives of
Within the specific objective defined in
conclusions of the policy dialogue agreed conclusions of the policy
the national programmes defined point (c) of Article 3(2), and in the light
as provided for in Article 13 of the dialogue as provided for in
in Article 20, as regards
of the agreed conclusions of the policy
Regulation (EU) No …/…
Article 13 of the Regulation
measures accompanying return
dialogue as provided for in Article 13 of
[Horizontal Regulation], the Fund (EU) No …/… [Horizontal
procedures (…), the Fund shall
the Regulation (EU) No …/…
shall support actions targeting
Regulation], the Fund shall
(…) focusing on one or more of
[Horizontal Regulation] and in line with
persons referred to in points (h) to support actions targeting
the following
categories of third-
the objectives of the national
17431/13
AA/es
94
ANNEX
DG D
LIMITE
EN
(j) of Article 4(1) and relating, in
persons referred to in points (h)
country nationals:
programmes defined in Article 20, as
particular, to one or more of the
to (j) of Article 4(1) and
regards measures accompanying return
following:
relating, in particular, to one or
procedures, the Fund shall focusing on
more of the following:
one or more of the following categories
of third-country nationals:
- who have not yet received a
Agreement on Council text.
final negative decision in relation
to their request to stay, legal
residence and/or international
protection in a Member State
and who may choose to make use
of voluntary return;
- enjoying the right to stay, legal Agreement on Council text.
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;
- who are present in a Member
Agreement on:
State and do not or no longer
fulfil the conditions for entry
- who are present in a Member State and
and/or stay in a Member State.
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.
17431/13
AA/es
95
ANNEX
DG D
LIMITE
EN
In this context, the Fund shall
Agreement on Council text.
support, in particular, the
following actions focusing on the
above-mentioned categories of
persons:
(a) establishment and improvement (a) establishment and
Deleted
Agreement to drop this amendment
of accommodation infrastructure
improvement of accommodation
(covered by (g))
or services and reception or
infrastructure or services and
detention conditions;
reception or detention
conditions;
(aa) introduction, development
Agreement on EP amendment.
and improvement of alternative
measures to detention; [AM
77]
(b) setting up of administrative
(b) setting up of administrative
Deleted
Agreement to drop this amendment
structures, systems and training of structures, systems and training
staff to ensure smooth return
of staff to ensure smooth
that
procedures;
return procedures
are smooth
and fully protect the
fundamental rights of
migrants;
[AM 78]
(ba) supporting the
Agreement to drop this amendment
independent assessment and
monitoring of return
operations by civil society
organisations, in order to
ensure compliance with human
rights; [AM 79]
17431/13
AA/es
96
ANNEX
DG D
LIMITE
EN
(c) provision of material aid, health (c) provision of material aid,
(c) provision of material aid, health
Agreement to drop this amendment
and psychological care;
health and psychological care
,
and psychological care;
including for third-country
nationals whose removal has
been postponed in accordance
with Article 9 and Article 14(1)
of Directive 2008/115/EC;
[AM
80]
(d) provision of social assistance,
(d) provision of social
(d) provision of social assistance,
information or help with
assistance, information or help
information or help with
administrative and/or judicial
with administrative and/or
administrative and/or judicial
formalities and information or
judicial formalities and
formalities and information or
counselling;
information or counselling;
counselling;
(e) provision of legal aid and
(e) provision of legal aid and
language assistance;
language assistance;
(e) provision of legal aid and
language assistance;
(f) specific assistance for
(f) specific assistance for
(f) specific assistance for
Agreement on Council text.
vulnerable persons such as minors, vulnerable persons such as
vulnerable persons;
(…);
unaccompanied minors, disabled
minors, unaccompanied minors,
persons, elderly people, pregnant
disabled persons, elderly people,
women, single parents with minor pregnant women, single parents
children, victims of trafficking,
with minor children, victims of
and persons who have been
trafficking, and persons who
subjected to torture, rape or other
have been subjected to torture,
serious forms of psychological,
rape or other serious forms of
physical or sexual violence.
psychological, physical or
sexual violence;
17431/13
AA/es
97
ANNEX
DG D
LIMITE
EN
(fa) introduction and
Agreement on:
improvement of independent
and effective systems for
introduction and improvement of
monitoring enforced return, as
independent and effective systems for
laid down in Article 6 of
monitoring enforced return, as laid
Directive 2008/115/EC. [AM
down in Article 8(6) of
81]
Directive 2008/115/EC.
(g) establishment, maintenance
and improvement of
Agreement on Council text.
accommodation, reception or
detention infrastructure, services
and conditions;
(h) setting up of administrative
Agreement on Council text.
structures, systems, including IT
tools,
(i) training of staff to ensure
Agreement on:
effective return procedures,
including their management and (i) training of staff to ensure smooth and
implementation.
effective return procedures, including
their management and implementation.
See EP-text(b)
17431/13
AA/es
98
ANNEX
DG D
LIMITE
EN
Article 12
Article 12
Article 12
Return measures
Return measures
Return measures
Within the specific objective
Within the specific objective
Within the specific objective
Agreement on:
defined in point (c) of Article 3(2) defined in point (c) of Article
defined in point (c) of Article 3(2)
and in the light of the agreed
3(2) and in the light of the
and in
line with the objectives of
Within the specific objective defined in
conclusions of the policy dialogue agreed conclusions of the policy
the national programmes defined point (c) of Article 3(2), and in the light
as provided for in Article 13 of the dialogue as provided for in
in Article 20, as regards return
of the agreed conclusions of the policy
Regulation (EU) No …/…
Article 13 of the Regulation
measures (…), the Fund shall
dialogue as provided for in Article 13 of
[Horizontal Regulation], the Fund (EU) No …/… [Horizontal
support actions
focusing on
the Regulation (EU) No …/…
shall support actions targeting
Regulation], the Fund shall
persons referred to in Article 11. [Horizontal Regulation] and in line with
persons referred to in points (h) to support actions targeting
(…). In this context, the Fund
the objectives of the national
(j) of Article 4(1) and relating, in
persons referred to in points (h)
shall support, in particular
(…) the programmes defined in Article 20, as
particular, to one or more of the
to (j) of Article 4(1) and
following
actions:
regards return measures, the Fund shall
following:
relating, in particular, to one or
support actions focusing on persons
more of the following:
referred to in Article 11. In this context,
the Fund shall support, in particular the
following actions:
(aa) measures necessary for the
preparation of return operations, Agreement on Council text.
such as those leading to the
identification of third-country
nationals, issuing of travel
documents and family tracing;
17431/13
AA/es
99
ANNEX
DG D
LIMITE
EN
(a) co-operation with consular
(a)
cooperation with consular
(a) co-operation with consular
authorities and immigration
authorities and immigration
authorities and immigration
services of third countries with a
services of third countries with a services of third countries with a
view to obtaining travel
view to obtaining travel
view to obtaining travel documents,
documents, facilitating repatriation documents, facilitating
facilitating repatriation and
and ensuring readmission;
repatriation and ensuring
ensuring readmission;
readmission;
(b) assisted voluntary return
(b) assisted voluntary return
(b) assisted voluntary return
measures, including medical
measures, including medical
measures, including medical
examinations and assistance, travel examinations and assistance,
examinations and assistance, travel
arrangements, financial
travel arrangements, financial
arrangements, financial
contributions, pre- and post-return contributions, pre- and post-
contributions, pre- and post-return
counselling and assistance;
return counselling and
assistance;
counselling and assistance;
(bb) removal operations,
Agreement on:
including related measures;
(bb) Removal operations, including
related measures, in accordance with the
standards set in EU law, with the
exception of coercive equipment.
(c) measures to launch the progress (c) measures to launch the
(c) measures to launch the progress
Agreement to drop this amendment
of reintegration for the returnee's
progress of reintegration for the of reintegration for the returnee's
(included in (aa).
personal development, such as
returnee's personal
personal development, such as
cash-incentives, training,
development, such as cash-
cash-incentives, training, placement
placement and employment
incentives, training, placement
and employment assistance and
assistance and start-up support for and employment assistance and start-up support for economic
economic activities;
start-up support for economic
activities
, including pre-return activities;
measures;
[AM 82]
17431/13
AA/es
100
ANNEX
DG D
LIMITE
EN
(d) facilities and services in third
(d) facilities and services in
(d) facilities and services in third
countries ensuring appropriate
third countries ensuring
countries ensuring appropriate
temporary accommodation and
appropriate temporary
temporary accommodation and
reception upon arrival;
accommodation and reception
upon arrival;
reception upon arrival;
(e) specific assistance for
(e) specific assistance for
(e) specific assistance for
Agreement on Council text.
vulnerable persons such as minors, vulnerable persons such as
vulnerable persons
(…).
unaccompanied minors, disabled
minors, unaccompanied minors,
persons, elderly people, pregnant
disabled persons, elderly people,
women, single parents with minor pregnant women, single parents
children, victims of trafficking,
with minor children, victims of
and persons who have been
trafficking, and persons who
subjected to torture, rape or other
have been subjected to torture,
serious forms of psychological,
rape or other serious forms of
physical or sexual violence.
psychological, physical or
sexual violence.
Article 13
Article 13
Article 13
Practical co-operation and capacity Practical
cooperation and
Practical co-operation and capacity
building measures
capacity building measures
building measures
Within the specific objective
Within the specific objective
Within the specific objective
Agreement on:
defined in point (c) of Article 3(2) defined in point (c) of Article
defined in point (c) of Article 3(2)
and in the light of the agreed
3(2) and in the light of the
and in
line with the objectives of
Within the specific objective defined in
conclusions of the policy dialogue agreed conclusions of the policy
the national programmes defined point (c) of Article 3(2), and in the light
as provided for in Article 13 of the dialogue as provided for in
in Article 20, as regards practical of the agreed conclusions of the policy
Regulation (EU) No …/…
Article 13 of the Regulation
co-operation and capacity
dialogue as provided for in Article 13 of
[Horizontal Regulation], the
(EU) No …/… [Horizontal
building measures (…) the Fund the Regulation (EU) No …/…
following actions shall, in
Regulation], the following
shall
support, in particular,
(…)
[Horizontal Regulation] and in line with
particular, be eligible:
actions shall, in particular, be
the following actions:
the objectives of the national
eligible:
programmes defined in Article 20, as
17431/13
AA/es
101
ANNEX
DG D
LIMITE
EN
regards practical co-operation and
capacity building measures the Fund
shall support, in particular, the
following actions:
(a) actions to promote and
(a) actions to promote and
(a) actions to promote
, develop and
Agreement on Council text.
reinforce the operational
reinforce the operational
reinforce the operational
cooperation between the return
cooperation between the return
cooperation
and information
services of Member States,
services of Member States,
exchange between the return
including as regards co-operation
including as regards
cooperation services
and other authorities of
with consular authorities and
with consular authorities and
Member States
involved in return,
immigration services of third
immigration services of third
including as regards co-operation
countries;
countries;
with consular authorities and
immigration services of third
countries
and joint return
operations;
(b) actions to support cooperation
(b) actions to support
(b) actions to support cooperation
Agreement on:
between return services from
cooperation between return
between
third-countries and
Member States and third-countries, services from Member States
return services
(…) of Member
including measures aiming at
and third-countries, including
States
(…), including measures
(b) actions to support cooperation
strengthening third countries'
measures aiming at
aiming at strengthening third
between third-countries and return
capacities to conduct such
strengthening third countries'
countries' capacities to conduct
(…) services of Member States, including
readmission and reintegration
capacities to conduct such
readmission and reintegration
measures aiming at strengthening third
activities in the framework of
readmission and reintegration
activities
(…);
countries' capacities to conduct
readmission agreements;
activities in the framework of
readmission and reintegration activities,
readmission agreements;
in particular in the framework of
readmission agreements;
17431/13
AA/es
102
ANNEX
DG D
LIMITE
EN
(c) actions enhancing the capacity (c) actions enhancing the
(c) actions enhancing the capacity
Agreement on EP amendment.
to develop effective and
capacity to develop effective
to develop effective and sustainable
sustainable return policies, in
and sustainable return policies,
return policies, in particular by
particular by exchanging
in particular by exchanging
exchanging information on the
information on the situation in
information on the situation in
situation in countries of return, best
countries of return, best practices, countries of return, best
practices, sharing experience and
sharing experience and pooling
practices, sharing experience
pooling resources between Member
resources between Member States; and pooling resources between
States;
Member States;
(d) actions enhancing the capacity (d) actions enhancing the
(d) actions enhancing the capacity
Agreement on EP amendment.
to collect, analyse and disseminate capacity to collect, analyse and
to collect, analyse and disseminate
data and statistics on return
disseminate
detailed and
data and statistics on return
procedures and measures,
systematic data and statistics on procedures and measures, reception
reception and detention capacities, return procedures and measures, and detention capacities, enforced
enforced and voluntary returns,
reception and detention
and voluntary returns, monitoring
monitoring and reintegration;
capacities, enforced and
and reintegration;
voluntary returns, monitoring
and reintegration;
[AM 83]
(e) actions directly contributing to (e) actions directly contributing (e) actions directly contributing to
the evaluation of return policies,
to the evaluation of return
the evaluation of return policies,
such as national impact
policies, such as national impact such as national impact
assessments, surveys amongst
assessments, surveys amongst
assessments, surveys amongst
target groups, the development of
target groups, the development
target groups, the development of
indicators and benchmarking.
of indicators and benchmarking. indicators and benchmarking.
(f) information measures and
Agreement on:
campaigns in third countries
aimed at raising awareness of
(f) information measures and campaigns
and preventing illegal
in third countries aimed at raising
immigration to the EU.
awareness of appropriate legal channels
for immigration
and the risks of illegal
immigration.
17431/13
AA/es
103
ANNEX
DG D
LIMITE
EN
CHAPTER V
CHAPTER V
CHAPTER V
FINANCIAL AND
FINANCIAL AND
FINANCIAL AND
IMPLEMENTATION
IMPLEMENTATION
IMPLEMENTATION
FRAMEWORK
FRAMEWORK
FRAMEWORK
Article 14
Article 14
Article 14
Global resources and
Global resources and
Global resources and
implementation
implementation
implementation
1. The global resources for the
1. The global resources
prime
1. The global resources for the
1. The global resources for the
implementation of this Regulation
reference financial envelope as implementation of this Regulation
implementation of this Regulation shall
shall be EUR 3,869 million.
defined in point [17] of the
shall be EUR 3,137 million.
be EUR
3 137 million.
Interinstitutional Agreement of
XX/201Z between the
European Parliament, the
Council and the Commission
on cooperation in budgetary
matters and sound financial
management for the
implementation of this
Regulation
for the years 2014 to
2020 shall be EUR 3,869
million.
[AM 84]
17431/13
AA/es
104
ANNEX
DG D
LIMITE
EN
2. The annual appropriations for
2. The annual appropriations for 2. The annual appropriations for the
the Fund shall be authorised by the the Fund shall be authorised by Fund shall be authorised by the
Agreement on Commision/ Council text.
budgetary authority within the
the budgetary authority within
budgetary authority within the
limits of the financial framework.
without prejudice to the limits
limits of the financial framework.
provisions of the
Regulation
laying down the multiannual
financial framework
for the
years 2014 to 2020 and the
Interinstitutional Agreement of
xxx/201z between the European
Parliament, the Council and
the Commission on cooperation
in budgetary matters and sound
financial management.
[AM
85]
3. The global resources shall be
3. The global resources
prime
3. The global resources shall be
Agreement on Commision/ Council text.
implemented through the
reference financial envelope
implemented through the following
following means:
shall be implemented through
means:
the following means:
[AM 86]
(a) national programmes, in
(a) national programmes, in
(a) national programmes, in
accordance with Article 20;
accordance with Article 20;
accordance with Article 20;
(b) Union actions, in accordance
(b) Union actions, in accordance (b) Union actions, in accordance
with Article 21;
with Article 21;
with Article 21;
(c) emergency assistance, in
(c) emergency assistance, in
(c) emergency assistance, in
accordance with Article 22;
accordance with Article 22;
accordance with Article 22
;
(d) European Migration Network,
(d) European Migration
(d) European Migration Network,
in accordance with Article 23;
Network, in accordance with
in accordance with Article 23;
Article 23;
17431/13
AA/es
105
ANNEX
DG D
LIMITE
EN
link to page 109 link to page 109 link to page 109
(e) technical assistance, in
(e) technical assistance, in
(e) technical assistance, in
accordance with Article 24.
accordance with Article 24.
accordance with Article 24.
4. The global resources available
4. The global resources
prime
4. The global resources available
Agreement on:
under this Regulation shall be
reference financial envelope
under this Regulation shall be
implemented under shared
available under this Regulation
implemented under shared
4. The budget allocated under the
management in accordance with
shall be implemented
under
management in accordance with
Instrument to Union actions referred
[point (b) of Article 55(1) of the
direct management (in
[point (b) of Article 5
8(1) of the
to in Article 21, to emergency
New Financial Regulation]
50, with
particular the Union actions
New Financial Regulation]
52, with
assistance, referred to in Article 22,
the exception of Union actions
referred to in Article 21, the
the exception of Union actions
the European Migration Network,
referred to in Article 21, the
emergency assistance referred
referred to in Article 21, the
referred to in Article 23, and
emergency assistance referred to in
to in Article 22, the European
emergency assistance referred to in
technical assistance referred to in
Article 22, the European Migration
Migration Network referred to Article 22, the European Migration
Article 24, shall be implemented
Network referred to in Article 23,
in Article 23, and technical
Network referred to in Article 23,
under direct management in
and technical assistance referred to
assistance referred to in Article and technical assistance referred to
accordance with Article 58(1)(a) of
in Article 24.
24) or under shared
in Article 24.
Regulation (EU)N°.../2012 [New
management in accordance with
Financial regulation].
points (b)
and (c) of Article
58(1)
of Regulation (EU,
The budget allocated to national
Euratom) No 966/2012 of the
programmes referred to in Article 20
European Parliament and of
shall be implemented under shared
the Council of 25 October 2012
management in accordance with
on the financial rules
Article 58(1)(b) of Regulation (EU)
applicable to the general
N°.../2012 [New Financial regulation].
budget of the Union51, with the
The budget allocated to national
50
Commission proposal – Regulation on the financial rules applicable to the annual budget of the Union (COM(2010)815 final of 22.12.2010).
This proposal constitutes a formal withdrawal by the Commission of the previous legislative proposals COM(2010)71 final and
COM(2010)260 final.
51
Commission proposal – Regulation on the financial rules applicable to the annual budget of the Union (COM(2010)815 final of 22.12.2010).
This proposal constitutes a formal withdrawal by the Commission of the previous legislative proposals COM(2010)71 final and COM(2010)260
final.
OJ L 298, 26.10.2012, p. 1.
17431/13
AA/es
106
ANNEX
DG D
LIMITE
EN
exception of Union actions
programmes referred to in Art.20
referred to in Article 21, the
shall be implemented under shared
emergency assistance referred to
management in accordance with
in Article 22, the European
Art.58(1)(b) of Regulation (EU)
Migration Network referred to
N°.../2012 [New Financial regulation].
in Article 23, and technical
assistance referred to in Article
24.
[AM 87]
4a. The Commission remains
Agreement on EP amendment.
responsible for the
implementation of the Union
budget in accordance with
Article 317 TFEU and shall
inform the European
Parliament and the Council on
the operations carried out by
entities other than Member
States. [AM 88]
52
Commission proposal – Regulation on the financial rules applicable to the annual budget of the Union (COM(2010)815 final of 22.12.2010).
This proposal constitutes a formal withdrawal by the Commission of the previous legislative proposals COM(2010)71 final and
COM(2010)260 final.
17431/13
AA/es
107
ANNEX
DG D
LIMITE
EN
5. The global resources shall be
5. The global resources
Without 5. The global resources shall be
Agreement on EP amendment.
used indicatively as follows:
prejudice to the prerogatives of used indicatively as follows:
the budgetary authority, the
prime reference financial
envelope shall be used
indicatively as follows:
[AM
89]
(a) EUR 3,232 million for national (a) EUR 3,232 million
83 % for (a) EUR 2,749 million for national a) EUR
2 752 million for national
programmes of Member States;
national programmes of
programmes of Member States;
programmes of Member States;
Member States;
[AM 90]
(b) EUR 637 million for Union
(b) EUR 637 million
17 % for
(b) EUR 388 million for Union
(b) EUR
385 million for Union actions,
actions, emergency assistance,
Union actions, emergency
actions, emergency assistance,
emergency assistance, European
European Migration Network and assistance, European Migration European Migration Network and
Migration Network and technical
technical assistance of the
Network and technical
technical assistance of the
assistance of the Commission
of which
Commission.
assistance of the Commission.
Commission.
at least 30% shall be used for Union
[AM 91]
actions and European Migration
Network.
Article 15
Article 15
Article 15
Resources for eligible actions in Resources for eligible actions in
Resources for eligible actions in
the Member States
the Member States
the Member States
1. EUR 3,232 million shall be
1. EUR 3,232 million
Without
1. EUR 2,749 million shall be
1. EUR
2 752 million shall be allocated
allocated to the Member States
prejudice to the prerogatives of allocated to the Member States
to the Member States indicatively as
indicatively as follows:
the budgetary authority,
indicatively as follows:
follows:
resources earmarked for
national programmes shall be
allocated to the Member States
indicatively as follows:
[AM
92]
17431/13
AA/es
108
ANNEX
DG D
LIMITE
EN
(a) EUR 2,372 million as indicated (a) EUR 2,372 million
73 % as
a) EUR 2,389 million as indicated
a) EUR
2 392 million as indicated in
in Annex I;
indicated in Annex I;
[AM 93]
in Annex I;
Annex I;
Member States shall allocate at least
20% of these resources to the specific
objective referred to in Article 3(2)(a)
and at least 20% to the specific
objective referred to in Article
3(2)(b). Member States may depart
from these 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 Article 3(2)(a) is
concerned, those Member States
faced with structural deficiencies in
the area of accommodation,
infrastructure and service shall not go
below the minimum percentage laid
down in this Regulation.
(b) EUR 700 million based on the (b) EUR 700 million
22 %
b) EUR 360 million based on the
b) EUR
360 million based on the
distribution mechanism for
based on the distribution
distribution mechanism for specific distribution mechanism for specific
specific actions as referred to in
mechanism for specific actions
actions as referred to in Article 16, actions as referred to in Article 16, for
Article 16, for the Union
as referred to in Article 16, for
for the Union Resettlement
the Union Resettlement Programme as
Resettlement Programme as
the Union Resettlement
Programme as referred to Article
referred to Article 17 and for relocation
referred to Article 17 and for
Programme as referred to
17 and for relocation as referred to as referred to in Article 18;
relocation as referred to in Article Article 17 and for relocation as
in Article 18;
17431/13
AA/es
109
ANNEX
DG D
LIMITE
EN
18;
referred to in Article 18;
[AM
94]
(c) EUR 160 million in the
(c) EUR 160 million
5 % in the (c)
[EUR 160
] million in the
Agreement on deletion
framework of the mid-term review framework of the mid-term
framework of the mid-term review
and from the period as of budget
review and from the period as of and from the period as of budget
year 2018, to take into account
budget year 2018
2017, to take
year 2018, to take into account
important changes in migration
into account important changes important changes in migration
flows and/or address the specific
in migration flows and/or
flows and/or address the specific
needs established by the
address the specific needs
needs established by the
Commission provided for in
established by the Commission
Commission provided for in Article
Article 19.
provided for in Article 19.
[AM 19.
95]
2. The amount referred to in point 2. The amount referred to in
2. The amount referred to in point
(b) of paragraph 1 shall support:
point (b) of paragraph 1 shall
(b) of paragraph 1 shall support:
support:
(a) specific actions listed in Annex (a) specific actions listed in
(a) specific actions listed in Annex
II,
Annex II,
II,
(b) resettlement of persons referred (b) resettlement of persons
(b) Union Resettlement Programme
Agreement on:
to in point (e) of Article 4 and/or
referred to in point (e) of Article referred and/or relocation
relocation of persons referred to in 4
and relocation of persons
according to Articles 17 and 18
(b) Union Resettlement Programme
points (a), (b) and (c) of Article
referred to in points (a), (b) and respectively.
according to Articles 17 and/or
4(1).
(c) of Article 4(1).
transfers of beneficiaries of
international protection according to
Article 18.
17431/13
AA/es
110
ANNEX
DG D
LIMITE
EN
2a. The funding allocated for
Agreement to delete the EP-text
the achievement of the
objectives laid down in
Article 3(2) shall be
apportioned on a fair, balanced
and transparent basis.
Member States shall ensure
that all actions financed by the
Fund are compatible with the
Union acquis in the areas of
asylum and immigration, even
if they are not bound by
associated measures or subject
to their application. [AM 96]
Agreement on :
3. In the event that an amount
remains available under point (b) of
paragraph 1 or that another amount
is available, it will be allocated in the
framework of the mid-term review
laid down in Article 15 of the
Horizontal Regulation pro-rata to the
basic amounts for national
programmes established in Annex I.
17431/13
AA/es
111
ANNEX
DG D
LIMITE
EN
Article 16
Article 16
Article 16
Resources for specific actions
Resources for specific actions
Resources for specific actions
1. An additional amount as
1. An additional amount as
1. An additional amount as referred
Agreement on COM/ EP text
referred to in point (a) of Article
referred to in point (a) of Article to in point (a) of Article 1
4(2) may
15(2) may be allocated to the
15(2) may be allocated to the
be allocated to the Member States
Member States provided that it is
Member States provided that it
provided that it is earmarked as
earmarked as such in the
is earmarked as such in the
such in the programme and shall be
programme and shall be used to
programme and shall be used to used to implement specific actions.
implement specific actions. Those implement specific actions.
Those specific actions are listed in
specific actions are listed in Annex Those specific actions are listed Annex II.
II.
in Annex II.
2. To take into account new policy 2. To take into account new
2. To take into account new policy
Agreement on :
developments, the Commission
policy developments, the
developments, the Commission
shall be empowered to adopt
Commission shall be
shall be empowered to adopt
2. To take into account new policy
delegated acts in accordance with
empowered to adopt delegated
delegated acts in accordance with
developments, the Commission shall be
Article 26 to revise the Annex II in acts in accordance with Article
Article 26 to revise the Annex II in empowered to adopt delegated acts in
the context of the mid-term review. 26 to revise the Annex II in the
the context of the mid-term review. accordance with Article 26 to revise the
On the basis of the revised list of
context of the mid-term review. On the basis of the revised list of
Annex II in the context of the mid-term
specific actions, Member States
On the basis of the revised list
specific actions, Member States
review
referred to in Article 15 of the
may receive an additional amount of specific actions, Member
may receive an additional amount
Horizontal Regulation. On the basis of
as laid down in paragraph 1,
States may receive an additional as laid down in paragraph 1,
the revised list of specific actions,
subject to available resources.
amount as laid down in
subject to available resources.
Member States may receive an
paragraph 1, subject to available
additional amount as laid down in
resources.
paragraph 1, subject to available
resources.
17431/13
AA/es
112
ANNEX
DG D
LIMITE
EN
3. The additional amounts referred 3. The additional amounts
3. The additional amounts referred
to in paragraphs 1 and 2 shall be
referred to in paragraphs 1 and 2 to in paragraphs 1 and 2 shall be
allocated to the Member States in
shall be allocated to the Member allocated to the Member States in
the individual financing decisions States in the individual
the individual financing decisions
approving or revising their national financing decisions approving or approving or revising their national
programme in the context of the
revising their national
programme in the context of the
mid-term review according to the
programme in the context of the mid-term review according to the
procedure laid down in Articles 14 mid-term review according to
procedure laid down in Articles 14
and 15 of the Regulation (EU) No the procedure laid down in
and 15 of the Regulation (EU) No
…/… [Horizontal Regulation].
Articles 14 and 15 of the
…/… [Horizontal Regulation].
Those amounts shall only be used Regulation (EU) No …/…
Those amounts shall only be used
for the implementation of the
[Horizontal Regulation]. Those for the implementation of the
specific actions.
amounts shall only be used for
specific actions.
the implementation of the
specific actions.
Article 17
Article 17
Article 17
Resources for Union Resettlement Resources for Union
Resources for Union Resettlement
Programme
Resettlement Programme
Programme
1. Member States shall, in addition 1. Member States shall, in
1. Member States shall, in addition
Agreement on:
to their allocation calculated in
addition to their allocation
to their allocation calculated in
accordance with point (a) of
calculated in accordance with
accordance with point (a) of Article 1. Member States shall, in addition to
Article 15(1), receive every two
point (a) of Article 15(1),
15(1), receive every two years an
their allocation calculated in accordance
years an additional amount as set
receive every two years an
additional amount as set out in
with point (a) of Article 15(1), receive
out in point (b) of Article 15(2)
additional amount as set out in
point (b) of Article 15(2) based on every two years an additional amount as
based on a lump sum of EUR
point (b) of Article 15(2) based a lump sum of EUR 6,000 for each set out in point (b) of Article 15(2)
6,000 for each resettled person.
on a lump sum of EUR 6,000
resettled person.
based on a lump sum of EUR 6 000 for
4 000 for each resettled person
each resettled person.
to be spent on resettlement
activities referred to in Article
7. The effective implementation
17431/13
AA/es
113
ANNEX
DG D
LIMITE
EN
of such resettlement activities
shall be monitored and
evaluated by the EASO
Resettlement Unit.
[AM 97]
Member States shall receive an
additional lump sum of EUR
3 000 for each resettled person
in addition to that Member
State's resettlement quota and
for each person who is resettled
in a Member State that has not
previously performed Union
funded resettlement. [AM 98]
2. The lump sum referred to in
2. The lump sum referred to in
2. The lump sum referred to in
Agreement on:
paragraph 1 shall be increased to
the first subparagraph of
paragraph 1 shall be increased to
EUR 10,000 for each person
paragraph 1 shall be increased to EUR 10,000 for each person
2. The lump sum referred to in
resettled according to the common EUR 10,000
by EUR 3 000 for
resettled according to the common paragraph 1 shall be increased to EUR
Union resettlement priorities
each person resettled
in
Union resettlement priorities
10 000 for each person resettled
established pursuant to paragraphs
accordance with the common
established pursuant to paragraphs according to the common Union
3 and 4 and listed in Annex III.
Union resettlement priorities
3 and 4.
resettlement priorities established
established pursuant to
pursuant to paragraph 3 and listed in
paragraphs 3 and 4 and listed in
Annex III and for each vulnerable
Annex III.
[AM 99]
person as laid down in paragraph 4.
.
17431/13
AA/es
114
ANNEX
DG D
LIMITE
EN
3. The Commission shall be
3. The Commission shall be
3.
(…) The common Union
Agreement on:
empowered to adopt delegated acts empowered to adopt delegated
resettlement
(…) shall be based on
in accordance with Article 26 to
acts in accordance with Article
(…) the following general
3. The common Union resettlement
specify every two years the
26 to specify every two years
categories:
priorities shall be based on the
common Union resettlement
the common Union resettlement
following general categories:
priorities on the basis of the
priorities on the basis of the
following general categories:
following general categories:
- persons from a country or region - persons from a country or
- persons from a country or region
identical
designated for the implementation region designated for the
designated for the implementation
of a Regional Protection
implementation of a
regional
of a Regional Protection
Programme;
protection programme;
Programme;
- persons from a country or region - persons from a country or
- persons from a country or region
identical
which has been identified in the
region which has been identified which has been identified in the
UNHCR resettlement forecast and in the UNHCR resettlement
UNHCR resettlement forecast and
where Union common action
forecast and where Union
where Union common action would
would have a significant impact in common action would have a
have a significant impact in
addressing the protection needs;
significant impact in addressing addressing the protection needs;
the protection needs;
- persons belonging to a specific
- persons belonging to a specific - persons belonging to a specific
identical
category falling within the
category falling within the
category falling within the UNHCR
UNHCR resettlement criteria.
UNHCR resettlement criteria.
resettlement criteria.
3a. Member States pooling
their pledges in an open ended
Agreement to drop this amendment
commitment shall receive
additional sums and support
for each resettled person in
order to achieve the
quantitative and qualitative
goals of the Union
17431/13
AA/es
115
ANNEX
DG D
LIMITE
EN
Resettlement Programme, by
reaching at least 20 000
resettlements per year until the
year 2020 and setting good
practices and common
standards for the integration of
refugees. Those Member States
shall work closely with the
EASO's Resettlement Unit in
order to establish and regularly
improve and review the
guidelines for these
quantitative and qualitative
goals. [AM 100]
Agreement on:
3a. The Commission shall be
empowered to adopt delegated acts in
accordance with Article 26 to amend
Annex III, based on the general
categories set out in paragraph 3, where
there is a clear justification for doing so
or in light of any recommendations from
UNHCR.
17431/13
AA/es
116
ANNEX
DG D
LIMITE
EN
4. The following vulnerable groups 4. The following vulnerable
4.
Without prejudice to
Agreement on:
of refugees shall in any event be
groups of refugees shall in any
paragraph 3, tThe following
included in the common Union
event be included in the
vulnerable groups of
(…) persons
4. The following vulnerable groups of
resettlement priorities and qualify common Union resettlement
shall in any event be included in
persons shall also qualify for the lump
for the lump sum provided for in
priorities and qualify for the
the common Union resettlement
sum provided for in paragraph 2:
paragraph 2 :
lump sum provided for in
priorities and qualify for the lump
paragraph 2:
sum provided for in paragraph 2 :
- women and children at risk,
- women and children at risk,
- women and children at risk,
identical
- unaccompanied minors,
- unaccompanied minors,
- unaccompanied minors,
identical
- persons who have been
Agreement to drop this amendment
subjected to torture or acts of
violence, including rape or
other serious forms of
psychological, physical or
sexual violence, [AM 101 and
103]
- persons having medical needs
- persons having medical needs - persons having medical needs that
Identical
that can be addressed only through that can be addressed only
can be addressed only through
resettlement,
through resettlement,
resettlement,
- persons in need of emergency
- persons in need of
needing
- persons in need of emergency
Agreement on:
resettlement or urgent resettlement emergency resettlement or
resettlement or urgent resettlement
for legal or physical protection
urgent resettlement for legal or
for legal or physical protection
- persons in need of emergency
needs.
or physical protection needs.
needs
, including victims of
resettlement or urgent resettlement for
[AM 102]
violence or torture.
legal or physical protection needs,
including victims of violence or torture
17431/13
AA/es
117
ANNEX
DG D
LIMITE
EN
5. Where a Member State resettles 5. Where a Member State
5. Where a Member State resettles
Identical
a person according to more than
resettles a person according to
a person according to more than
one of categories referred to in
more than one of categories
one of categories referred to in
paragraphs 1 and 2, it shall receive referred to in paragraphs 1 and
paragraphs 1 and 2, it shall receive
the lump sum for that person only 2, it shall receive the lump sum the lump sum for that person only
once.
for that person only once.
once.
5a. Where appropriate, family
Agreement on Council text.
members of persons referred to
in paragraphs 1, 3 and 4 may also
be eligible for lump sums,
provided that they have been
resettled in accordance with this
Regulation.
6. The Commission shall establish 6. The Commission shall
6. The Commission shall establish
Identical
by way of implementing acts the
establish by way of
by way of implementing acts the
timetable and other
implementing acts the timetable timetable and other implementation
implementation conditions related and other implementation
conditions related to the allocation
to the allocation mechanism of
conditions related to the
mechanism of resources for Union
resources for Union Resettlement
allocation mechanism of
Resettlement Programme in
Programme in accordance with the resources for Union
accordance with the procedure
procedure referred to in Article
Resettlement Programme in
referred to in Article 27(2).
27(2).
accordance with the procedure
referred to in Article 27(2).
7. The additional amounts referred 7. The additional amounts
7. The additional amounts referred
Agreement on:
to in paragraph 1 shall be allocated referred to in paragraph 1 shall
to in paragraph 1
and 2 shall be
to the Member States every two
be allocated to the Member
allocated to the Member States
(…) 7. The additional amounts referred to in
years, for the first time in the
States every two years, for the
for the first time in the individual
paragraph 1 and 2
shall be allocated to
individual financing decisions
first time in the individual
financing decisions approving their the Member States
(…) every two years,
approving their national
financing decisions approving
national programme according to
for the first time in the individual
programme according to the
their national programme
the procedure laid down in Article financing decisions approving their
procedure laid down in Article 14 according to the procedure laid
14 of the Regulation (EU) No
national programme according to the
17431/13
AA/es
118
ANNEX
DG D
LIMITE
EN
of the Regulation (EU) No …/…
down in Article 14 of the
…/… [Horizontal Regulation] and procedure laid down in Article 14 of the
[Horizontal Regulation] and later
Regulation (EU) No …/…
later in a financing decision to be
Regulation (EU) No …/… [Horizontal
in a financing decision to be
[Horizontal Regulation] and
annexed to the decisions approving Regulation] and later in a financing
annexed to the decisions approving later in a financing decision to
their national programme. Those
decision to be annexed to the decisions
their national programme. Those
be annexed to the decisions
amounts shall not be transferred to approving their national programme.
amounts shall not be transferred to approving their national
other actions under the national
Those amounts shall not be transferred
other actions under the national
programme. Those amounts
programme.
to other actions under the national
programme.
shall not be transferred to other
programme.
actions under the national
programme.
7a. The common Union
Agreement to drop this amendment
resettlement priorities referred to
in paragraph 3 shall be agreed
within the implementation
framework for the work
programme for Union actions
and emergency assistance
according to the procedure laid
down in Article 7 of the
Regulation (EU) No…/…
[Horizontal Regulation] and will
be revised under this procedure
only where there is a clear
justification for doing so or in
light of any recommendations
from UNHCR.
17431/13
AA/es
119
ANNEX
DG D
LIMITE
EN
8. To effectively pursue the
8. To effectively pursue the
8. To effectively pursue the
Agreement on:
objectives of the Union
objectives of the Union
objectives of the Union
Resettlement Programme and
Resettlement Programme and
Resettlement Programme and
8. To effectively pursue the objectives
within the limits of available
within the limits of available
within the limits of available
of the Union Resettlement Programme
resources, the Commission shall be resources, the Commission shall resources, the Commission shall be and within the limits of available
empowered to adopt delegated acts be empowered to adopt
empowered to adopt delegated acts resources, the Commission shall be
in accordance with Article 26 to
delegated acts in accordance
in accordance with Article 26 to empowered to adopt delegated acts in
adjust, if deemed appropriate, the
with Article 26 to adjust, if
adjust, if deemed appropriate, the
accordance with Article 26 to adjust, if
lump sums referred to in
deemed appropriate, the lump
lump sums referred to in
deemed appropriate, the lump sums
paragraphs 1 and 2.
sums referred to in paragraphs 1 paragraphs 1 and 2
, in particular
referred to in paragraphs 1 and 2, in
and 2
, 2 and 3a.
[AM 104]
taking into account the current
particular taking into account the
rates of inflation, relevant
current rates of inflation, relevant
developments in the field of
developments in the field of
resettlement as well as factors
resettlement as well as factors which
which can optimise the use of the can optimise the use of the financial
financial incentive brought by the incentive brought by the lump sum.
lump sum.
Article 18
Article 18
Article 18
Resources for relocation
Resources for relocation
Resources for relocation
Agreement on:
Resources for relocation
the transfer
beneficiaries of international
protection
17431/13
AA/es
120
ANNEX
DG D
LIMITE
EN
1. Member States shall, in addition 1. Member States shall, in
1. In light of EU policy
Agreement on:
to their allocation calculated in
addition to their allocation
developments within the
accordance with point (a) of
calculated in accordance with
implementation period of the Fund, 1.
With a view to implementing the
Article 15(1), receive, when
point (a) of Article 15(1),
Member States, shall, in addition to
principle of solidarity and fair
deemed appropriate, an additional receive, when deemed
their allocation calculated in
sharing of responsibility in
amount as set out in point (b) of
appropriate, an additional
accordance with point a of Article
accordance with Article 80 TFEU and
Article 15(2) based on a lump sum amount as set out in point (b) of 15 (1), receive, an additional
in light of EU policy developments
of EUR 6,000 for each person
Article 15(2) based on a lump
amount as set out in point (b) of
within the implementation period of the
relocated from another Member
sum of EUR 6,000
4 000 for
Article 15 (2) based on a lump sum Fund, Member States shall, in addition
State.
each person relocated from
of EUR 6,000 for each person
to their allocation calculated in
another Member State.
[AM
relocated from another Member
accordance with point (a) of Article
105]
State.
15(1), receive,(…), an additional
amount as set out in point (b) of Article
15(2) based on a lump sum of EUR 6
000 for each
beneficiary of
international protection transferred
from another Member State.
1a. Family members of persons
Agreement on :
referred to in paragraph 1 may
also be eligible for lump sums
1a. Family members of persons
where appropriate, provided that referred to in paragraph 1 may also
they have been relocated in
be eligible for lump sums where
accordance with this Regulation. appropriate, provided that they have
been transfered in accordance with
this Regulation.
17431/13
AA/es
121
ANNEX
DG D
LIMITE
EN
2. The Commission shall establish 2. The Commission shall
Deleted
Agreement on deletion.
the timetable and other
establish the timetable and other
implementation conditions related implementation conditions
to the allocation mechanism of
related to the allocation
resources for relocation in
mechanism of resources for
accordance with the procedure
relocation in accordance with
referred to in Article 26(2).
the procedure referred to in
Article 26(2).
2a. The Commission shall
establish strict procedural
EP amendment withdrawn
guarantees and clear criteria
for relocation measures. Those
procedural guarantees include,
inter alia, the establishment of
transparent, non-
discriminatory selection
criteria; the information to be
provided to the potential
beneficiaries of relocation; the
communication in writing of
the selection or non-selection
of the applicants interviewed;
reasonable time limits for
candidates for relocation to
take their decisions and, if
necessary, make suitable
preparations for their
departure; the requirement for
their voluntary consent to
benefit from relocation
measures. [AM 106]
17431/13
AA/es
122
ANNEX
DG D
LIMITE
EN
2b. Relocation measures shall
be accompanied by an action
EP amendment withdrawn
plan to maintain or improve the
quality of asylum systems and
reception and integration
conditions in the Member State
of departure concerned. [AM
107]
3. The additional amounts referred 3. The additional amounts
3. The additional amounts referred
to in paragraph 1 shall be allocated referred to in paragraph 1 shall
to in paragraph 1 shall be allocated
to the Member States on a regular be allocated to the Member
to the Member States
(…) for the
basis, for the first time in the
States on a regular basis, for the first time in the individual
individual financing decisions
first time in the individual
financing decisions approving their
approving their national
financing decisions approving
national programme according to
programme according to the
their national programme
the procedure laid down in Article
procedure laid down in Article 14 according to the procedure laid
14 of the Regulation (EU) No
of the Regulation (EU) No …/…
down in Article 14 of the
…/… [Horizontal Regulation] and
[Horizontal Regulation] and later
Regulation (EU) No …/…
later in a financing decision to be
in a financing decision to be
[Horizontal Regulation] and
annexed to the decision approving
annexed to the decision approving later in a financing decision to
their national programme. Those
their national programme. Those
be annexed to the decision
amounts shall not be transferred to
amounts shall not be transferred to approving their national
other actions under the national
other actions under the national
programme. Those amounts
programme.
programme.
shall not be transferred to other
actions under the national
programme.
17431/13
AA/es
123
ANNEX
DG D
LIMITE
EN
4. To effectively pursue the
4. To effectively pursue the
4. To effectively pursue the
Agreement on:
objectives of solidarity and
objectives of solidarity and
objectives of solidarity and
responsibility sharing between the responsibility sharing between
responsibility sharing between the
4. To effectively pursue the objectives
Member States and within the
the Member States and within
Member States and within the
of solidarity and responsibility sharing
limits of available resources, the
the limits of available resources, limits of available resources, the
between the Member States
referred to
Commission shall be empowered
the Commission shall be
Commission shall be empowered to
in Article 80 TFEU and within the
to adopt delegated acts in
empowered to adopt delegated
adopt elegated acts in accordance
limits of available resources, the
accordance with Article 26 to
acts in accordance with Article
with Article 26 to adjust the lump
Commission shall be empowered to
adjust the lump sum referred to in 26 to adjust the lump sum
sum referred to in paragraph 1
, in
adopt delegated acts in accordance with
paragraph 1.
referred to in paragraph 1.
particular taking into account the Article 26 to adjust the lump sum
current rates of inflation,
referred to in paragraph 1, in particular
relevant developments in the field taking into account the current rates of
of relocation as well as factors
inflation, relevant developments in the
which can optimise the use of the field of relocation as well as factors
financial incentive brought by the which can optimise the use of the
lump sum.
financial incentive brought by the lump
sum
Article 19
Article 19
Article 19
Resources in the framework of the Resources in the framework of
Resources in the framework of the
Agreement on deletion of the whole Art.
mid-term review
the mid-term review
mid-term review
19.
1. In order to allocate the amount
1. In order to allocate the
1. In order to allocate the amount
indicated in point (c) of Article
amount indicated in point (c) of indicated in point (c) of Article
15(1), by 31 May 2017 the
Article 15(1), by 31 May 2017
15(1), by
(…) 1 June 2017 the
Commission shall assess the needs
2016 the Commission shall
Commission shall assess the needs
of Member States as regards their
assess the needs of Member
of Member States as regards
the
asylum and reception systems,
States as regards their asylum
pressure on their asylum
(…)
their situation concerning
and reception systems, their
systems,
and their situation
migration flows in the period 2014 situation concerning migration
concerning
illegal immigration
to 2016 and the expected
flows in the period 2014 to 2016 flows in the period 2014 to 2016
as
17431/13
AA/es
124
ANNEX
DG D
LIMITE
EN
developments.
2015 and the expected
well as the needs based on
The Commission shall use for its
developments.
[AM 108].
potential pressure in Member
assessment,
inter alia, the
States in the area of asylum and
information collected from
The Commission shall use for
migration for the period 2017 -
Eurostat, the European Migration
its assessment, inter alia, the
2020. (…)
Network, the EASO and the
information collected from
The abovementioned amount
Frontex Agency risk analysis.
Eurostat, the European
shall be distributed as follows:
Based on that analysis, the
Migration Network, the EASO
Commission shall determine the
and the
Frontex risk analysis.
level of specific needs as regards
Based on that analysis, the
the asylum and reception systems
Commission shall determine the
and as regards the migratory
level of specific needs as
pressure in Member States by
regards the asylum and
aggregating factors defined as
reception systems and as regards
follows:
the migratory pressure in
Member States by aggregating
factors defined as follows:
(a) asylum and reception systems: (a) asylum and reception
Deleted
systems:
(i) factor 1 for no specific needs
(i) factor 1 for no specific
Deleted
needs
;
(ii) factor 1,5 for medium specific (ii) factor 1,5 for medium
Deleted
needs
specific needs
;
(iii) factor 3 for high specific needs (iii) factor 3 for high specific
Deleted
needs
;
17431/13
AA/es
125
ANNEX
DG D
LIMITE
EN
(b) migratory pressure:
(b) migratory pressure
specific
Deleted
pressures:
[AM 109]
(i) factor 1 for no particular
(i) factor 1 for no particular
Deleted
pressure
pressure
;
(ii) factor 1,5 for medium
(ii) factor 1,5 for medium
Deleted
particular pressure
particular pressure
;
(iii) factor 3 for high particular
(iii) factor 3 for high particular
deleted
pressure
pressure
.
(a) 40% for pressure on asylum
systems
(b) 30% for irregular migration
flows
(c) 30% for risk assessement
The Commission shall use for its
overall assessment, inter alia, the
latest available statistical data
collected by Eurostat, the
information from the European
Migration Network, the EASO
and the Frontex Agency risk
analysis.
1a. For pressure on asylum
systems, the level of needs shall
be established taking into
account the average number of
first asylum applications in the
period 2014-2016 by comparison
with the same statistical data
corresponding to the period
17431/13
AA/es
126
ANNEX
DG D
LIMITE
EN
2011-2013 as follows:
(i) factor 0 for no pressure
(decrease or increase up to 5%)
(ii) factor 1,5 for medium
pressure (increase between 5%
and 20%)
(iii) factor 3 for high pressure
(increase above 20%)
1b. For irregular migration
flows, the level of needs shall be
established taking into account
the average number of return
decisions issued by national
authorities in the period 2014-
2016 by comparison with the
average of the same statistical
data corresponding to the period
2011-2013 as follows:
(i) factor 0 for no pressure
(decrease or increase up to 5%)
(ii) factor 1,5 for medium
pressure (increase between 5%
and 20%)
(iii) factor 3 for high pressure
(increase above 20%)
17431/13
AA/es
127
ANNEX
DG D
LIMITE
EN
1c. For risk assessment, the
Commission shall draw up a
report in order to set up for each
Member State the level of
potential pressure in the area of
asylum and migration for the
period 2017-2020. The levels of
potential pressure shall be based
on the following factors:
(a) burden on asylum and
migration systems in Member
States;
(b) factors that affected asylum
and migration flows to the
Member States in the period
2014-2016;
(c) developments in EU policies;
(d) possible future trends in
migratory flows;
(e) likely political, economic and
social developments in third-
countries, and in particular
neighbouring countries.
Before issuing its report
determining the levels of
potential pressure, the
Commission will have an
exchange of views with the
Member States.
17431/13
AA/es
128
ANNEX
DG D
LIMITE
EN
2. On the basis of that pattern, the 2. On the basis of that pattern,
2. The additional amounts
Commission shall determine by
the Commission shall determine
distributed in accordance with
way of implementing acts the
by way of implementing
paragraph 1 shall be allocated to
Member States which shall receive
delegated acts
adopted in
the Member States in the
an additional amount and establish
accordance with Article 26, the
individual financing decisions
a distribution matrix for allocation Member States which shall
revising their national
of the available resources amongst receive an additional amount
programme according to the
those Member States in accordance and establish a distribution
procedure laid down in Article 15
with the procedure referred to in
matrix for allocation of the
of the Regulation (EU) No …/…
Article 27(3).
available resources amongst
[Horizontal Regulation].
those Member States in
accordance with the procedure
referred to in Article 27(3).
[AM 110]
Article 20
Article 20
Article 20
National programmes
National programmes
National programmes
1. Under the programmes, to be
1. Under the programmes, to be 1. Under the programmes, to be
Agreement on:
examined and approved in
examined and approved in
examined and approved in
accordance with Article 14 of the
accordance with Article 14 of
accordance with Article 14 of the
1. Under the programmes, to be
Regulation (EU) No …/…
the Regulation (EU) No …/…
Regulation (EU) No …/…
examined and approved in accordance
[Horizontal Regulation], Member
[Horizontal Regulation],
[Horizontal Regulation], Member
with Article 14 of the Regulation (EU)
States shall pursue in particular the Member States shall pursue in
States shall
within the objectives
No …/… [Horizontal Regulation],
following objectives:
particular the following
defined in Article 3, taking
Member States shall within the
objectives:
account of the outcome of the
objectives defined in Article 3, taking
dialogue referred to in Article 13 account of the outcome of the dialogue
of Regulation (EU) No…/2012
referred to in Article 13 of Regulation
[Horizontal Regulation] pursue in (EU) No…/2012 [Horizontal
particular the following
Union
Regulation] pursue in particular the
objectives:
following Union
objectives:
17431/13
AA/es
129
ANNEX
DG D
LIMITE
EN
(a) strengthening the establishment (a) strengthening the
(a) strengthening the establishment
Agreement on Council text.
of Common European Asylum
establishment of Common
of Common European Asylum
System by ensuring the efficient
European Asylum System by
System by ensuring the efficient
and uniform application of the
ensuring the efficient and
and uniform application of the
Union acquis on asylum;
uniform application of the
Union acquis on asylum
and the
Union acquis on asylum;
proper functioning of the Dublin
Regulation. These actions may
also include the establishment
and development of the Union
Resettlement Programme;
(b) supporting the establishment
(b) supporting the establishment
Deleted
Agreement on Council text (deletion).
and development of the Union
and development of the Union
Resettlement Programme by
Resettlement Programme by
offering durable solutions to
offering durable solutions to
refugees stranded in third-
refugees stranded in third-
countries, in particular according
countries, in particular
to common Union resettlement
according to common Union
priorities;
resettlement priorities;
(c) setting up and developing
(c) setting up and developing
(c) setting up and developing
Agreement on:
integration strategies at
integration strategies at local
or integration strategies
, to be
(c) setting up and developing integration
local/regional level encompassing regional level encompassing
implemented at
strategies, encompassing different
different aspects of the two way
different aspects of the two way
national/local/regional level
where aspects of the two way dynamic
dynamic process, addressing
dynamic process, addressing
appropriate, (…) taking into
process, to be implemented at
specific needs of different
specific needs of different
account the integration needs of
national/local/regional level where
categories of migrants and
categories of migrants and
third country nationals at
appropriate, (…) taking into account the
developing effective partnerships
developing effective
local/regional level, addressing
integration needs of third country
between all stakeholders;
partnerships between all
specific needs of different
nationals at local/regional level,
stakeholders;
categories of migrants and
addressing specific needs of different
developing effective partnerships
categories of migrants and developing
between
(…) relevant
effective partnerships between relevant
stakeholders;
stakeholders;
17431/13
AA/es
130
ANNEX
DG D
LIMITE
EN
(d) developing an assisted
(d) developing an assisted
(d) developing
(…) a return
Agreement on Council
text.
voluntary return programme
voluntary return programme
programme including
, which
including a component on
including a component on
includes a component on
assisted
reintegration.
reintegration.
voluntary return and, where
appropriate on reintegration.
2. Member States shall ensure that 2. Member States shall ensure
deleted
Agreement on:
all actions supported under this
that all actions supported under
Fund are compatible with the
the Fund are compatible with
2. Member States shall ensure that all
Union
acquis on asylum and
the Union
acquis on asylum and
actions supported under the Fund shall
immigration, even if they are not
immigration, even if they are
be implemented in full compliance with
bound by or subject to the
not bound by or subject to the
fundamental rights and human dignity.
application of the relevant
application of the relevant
In particular, such actions shall fully
measures.
measures.
respect the rights and principles
enshrined in the Charter of Fundamental
Rights of the European Union.
Agreement on:
(2a) Subject to the requirement to
pursue the above objectives and taking
into account their individual
circumstances, Member States shall aim
at a fair and transparent distribution of
resources among the specific objectives
set out in Article 3(2).
17431/13
AA/es
131
ANNEX
DG D
LIMITE
EN
Article 21
Article 21
Article 21
Union actions
Union actions
Union actions
1. At the Commission's initiative,
1. At the Commission's
1. At the Commission's initiative,
Agreement on Council text.
the Fund may be used to finance
initiative, the Fund may be used the Fund may be used to finance
transnational actions or actions of
to finance transnational actions
transnational actions or actions of
particular interest to the Union,
or actions of particular interest
particular interest to the Union,
concerning the general and specific to the Union, concerning the
concerning the general and specific
objectives referred to in Article 3. general and specific objectives
objectives referred to in Article 3.
referred to in Article 3
, while
respecting policy coherence for
development.
[AM 111]
2. To be eligible for funding,
2. To be eligible for funding,
2. To be eligible for funding, Union
Union actions shall, in particular,
Union actions shall, in
actions shall, in particular, support:
support:
particular, support:
(a) the furthering of Union
(a) the furthering of Union
(a) the furthering of Union
Agreement on:
cooperation in implementing
cooperation in implementing
cooperation in implementing Union
Union law and good practices in
Union law and good practices in law and good practices in the field (a)
the furthering of Union cooperation
the field of asylum, including
the field of asylum, including
of asylum, including resettlement
in implementing Union law and
in
resettlement and relocation, legal
resettlement and relocation,
and relocation, legal migration,
sharing good practices in the field of
migration, including integration of legal migration, including
including integration of third-
asylum, including
notably on
third-country nationals, and return; integration of third-country
country nationals, and return;
resettlement and relocation
including
nationals
or stateless persons,
through networking and exchanging
and return;
[AM 112]
information, legal migration, including
integration of third-country nationals,
and return;
17431/13
AA/es
132
ANNEX
DG D
LIMITE
EN
(b) the setting-up of transnational
(b) the setting-up of
(b) the setting-up of transnational
cooperation networks and pilot
transnational cooperation
cooperation networks and pilot
projects, including innovative
networks and pilot projects,
projects, including innovative
projects, based on transnational
including innovative projects,
projects, based on transnational
partnerships between bodies
based on transnational
partnerships between bodies
located in two or more Member
partnerships between bodies
located in two or more Member
States designed to stimulate
located in two or more Member States designed to stimulate
innovation, and to facilitate
States designed to stimulate
innovation, and to facilitate
exchanges of experience and good innovation, and to facilitate
exchanges of experience and good
practice;
exchanges of experience and
practice;
good practice;
(c) studies on possible new forms
(c) studies on possible new
(c) studies
and research on
Agreement
on Council text.
of Union cooperation in the field
forms of Union cooperation in
possible new forms of Union
of asylum, immigration,
the field of asylum,
cooperation in the field of asylum,
integration and return and relevant immigration, integration and
immigration, integration and return
EU law, the dissemination and
return and relevant EU law, the and relevant EU law, the
exchange of information on best
dissemination and exchange of
dissemination and exchange of
practices and on all other aspects
information on best practices
information on best practices and
of asylum, immigration,
and on all other aspects of
on all other aspects of asylum,
integration and return policies,
asylum, immigration,
immigration, integration and return
including corporate
integration and return policies,
policies, including corporate
communication on the political
including corporate
communication on the political
priorities of the Union;
communication on the political
priorities of the Union;
priorities of the Union;
17431/13
AA/es
133
ANNEX
DG D
LIMITE
EN
(d) development and applicationby (d) development and application (d) development and application by
Member States of common
by Member States of common
Member States of common
statistical tools, methods and
statistical tools, methods and
statistical tools, methods and
indicators for measuring policy
indicators for measuring policy indicators for measuring policy
developments in the field of
developments in the field of
developments in the field of
asylum, legal migration and
asylum, legal migration and
asylum, legal migration and
integration and return;
integration and return;
integration and return;
(e) preparatory, monitoring,
(e) preparatory, monitoring,
(e) preparatory, monitoring,
administrative and technical
administrative and technical
administrative and technical
support, development of an
support, development of an
support, development of an
evaluation mechanism, required to evaluation mechanism, required evaluation mechanism, required to
implement the policies on asylum
to implement the policies on
implement the policies on asylum
and immigration;
asylum and immigration;
and immigration;
(f) cooperation with third
(f) cooperation with third
(f) cooperation with third countries,
Agreement on:
countries, in particular in the
countries
on the basis of the
in particular in the framework of
framework of the implementation
Union's Global Approach to
the implementation of readmission (f) cooperation with third countries on
of readmission agreements,
Migration, in particular in the
agreements, mobility partnerships
the basis of the Union's Global
mobility partnerships and regional framework of the
and regional protection
Approach to Migration and Mobility, in
protection programmes.
implementation of readmission
programmes.
particular in the framework of the
agreements, mobility
implementation of readmission
partnerships, regional protection
agreements, mobility partnerships,
programmes
and safe access to
regional protection programmes.
Union asylum system, in
accordance with Article 24a.
[AM 113]
17431/13
AA/es
134
ANNEX
DG D
LIMITE
EN
(g) information measures and
Agreement on:
campaigns in third countries
aimed at raising awareness of
(g) information measures and
and preventing illegal
campaigns in third countries aimed at
immigration to the EU.
raising awareness of appropriate legal
channels for immigration
and the risks
of illegal immigration.
3. The actions referred to in this
3. The actions referred to in this 3. The actions referred to in this
Article shall be implemented in
Article shall be implemented in Article shall be implemented in
accordance with Article 7 of the
accordance with Article 7 of the accordance with Article 7 of the
Regulation (EU) No …/…
Regulation (EU) No …/…
Regulation (EU) No …/…
[Horizontal Regulation].
[Horizontal Regulation].
[Horizontal Regulation].
3a. Where Union actions are
carried out through indirect
centralised management by
Union agencies active in the
home affairs area, the
Commission shall ensure the
fair, equitable and transparent
allocation of funding between
the various agencies. Those
actions shall be included in the
responsibilities of these
agencies in addition to their
work programmes. [AM 114]
17431/13
AA/es
135
ANNEX
DG D
LIMITE
EN
3b. The Commission shall
Agreement on:
ensure a fair and equitable
distribution of funds in respect
The Commission shall ensure a fair and
of each of the objectives
transparent distribution of resources
referred in Article 3(2). [AM
among the objectives referred in Article
115]
3(2).
Article 22
Article 22
Article 22
Emergency assistance
Emergency assistance
Emergency assistance
1. The Fund shall provide financial 1. The Fund shall provide
1. The Fund shall provide financial
Agreement on:
assistance to address urgent and
financial assistance to address
assistance to address urgent and
specific needs in the event of an
urgent and specific needs in the specific needs in the event of an
1. The Fund shall provide financial
emergency situation.
event of an emergency situation emergency situation.
assistance to address urgent and specific
as defined in Article 2(f).
needs in the event of an emergency
Measures implemented in third
situation as defined in Article 2(f).
countries in accordance with
Measures implemented in third
this Article shall be consistent
countries in accordance with this Article
with and complementary to the
shall be consistent with and, where
Union humanitarian policy and
relevant, complementary to the Union
respect humanitarian
humanitarian policy and respect
principles as set out in the
humanitarian principles as set out in the
Consensus on Humanitarian
Consensus on Humanitarian Aid.
Aid. [AM 116]
2. Emergency assistance shall be
2. Emergency assistance shall be 2. Emergency assistance shall be
Agreement on Council text.
implemented in accordance with
implemented in accordance with implemented in accordance with
Article 8 of the Regulation (EU)
Article 8 of the Regulation (EU) Article
s 7 and 8 of the Regulation
No …/…[Horizontal Regulation]. No …/…[Horizontal
(EU) No …/…[Horizontal
Regulation].
Regulation].
17431/13
AA/es
136
ANNEX
DG D
LIMITE
EN
Article 23
Article 23
Article 23
European Migration Network
European Migration Network
European Migration Network
Agreement on the text as indicated in
the 4th column (below).
1. The Fund shall support the
1. The Fund shall support the
Identical
European Migration Network and European Migration Network
1. The Fund shall support the
provide financial assistance
and provide financial assistance European Migration Network and
necessary for its activities and its
necessary for its activities and
provide financial assistance
future development.
its future development.
necessary for its activities and its
future development.
2. The objective of the European
2. The objective of the European
deleted
Agreement on deletion
Migration Network shall be:
Migration Network shall be:
(a) to serve as an Union advisory
(a) to serve as an Union
deleted
Agreement on deletion
council for migration and asylum
advisory council for migration
through co-ordination and
and asylum through
cooperation at both national and
coordination and cooperation at
Union level with representatives of both national and Union level
Member States, academia, civil
with representatives of Member
society, think-tanks and other
States, academia, civil society,
Union/international entities;
think-tanks and other Union
or
international entities
,
particularly those specialised in
asylum and immigration issues;
[AM 117]
(b) to meet the migration and
(b) to meet the migration and
deleted
Agreement on deletion
asylum information needs of
asylum information needs of
Union institutions and of the
Union institutions and of the
Member States by providing up-to- Member States by providing up-
date, objective, reliable and
to-date, objective, reliable and
comparable information on
comparable information on
17431/13
AA/es
137
ANNEX
DG D
LIMITE
EN
migration and asylum, in order to
migration and asylum, in order
support policymaking in the
to support policymaking in
the
European Union in these areas;
Union in
those areas;
(c) to provide the general public (c) to provide the general public
deleted
Agreement on deletion
with the information referred to in with the information referred to
point (b).
in point (b)
, in cooperation with
civil society and NGOs involved
in immigration and asylum.
[AM 118]
3. To achieve its objective the
3. To achieve its objective the
deleted
Agreement on deletion
European Migration Network
European Migration Network
shall:
shall:
(a) collect and exchange up-to-
(a) collect and exchange up-to-
deleted
Agreement on deletion
date, objective, reliable and
date, objective, reliable and
comparable data and information
comparable data and
from a wide range of sources,
information from a wide range
including in meetings, by
of sources, including in
electronic means, through common meetings, by electronic means,
studies and via ad-hoc queries;
through common studies and via
ad-hoc queries;
(b) undertake analysis of the data
(b) undertake
analyses of the
deleted
Agreement on deletion
and information referred to in
data and information referred to
point (a), including improving
in point (a), including improving
comparability, and provide it in
comparability, and provide it in
format readily accessible to
a format readily accessible to
policymakers in particular;
policymakers in particular;
17431/13
AA/es
138
ANNEX
DG D
LIMITE
EN
(c) produce and publish periodic
(c) produce and publish periodic
deleted
Agreement on deletion
reports on the migration and
reports on the migration and
asylum situation in the Union and asylum situation in the Union
the Member States;
and the Member States;
(d) through the provision of the
(d) through the provision of the
deleted
Agreement on deletion
information produced by it, serve
information produced by it,
as a reference to the wider public
serve as a reference to the wider
for objective, impartial information public for objective, impartial
on migration and asylum.
information on migration and
asylum.
4. The European Migration
4. The European Migration
deleted
Agreement on deletion
Network, EASO and Frontex
Network, EASO and
Frontex
Agency shall ensure that their
shall ensure that their respective
respective activities are consistent activities are consistent and
and coordinated.
coordinated.
5. The European Migration
5. The European Migration
deleted
Agreement on deletion
Network shall be composed of:
Network shall be composed of:
(a) the Commission, which shall
(a) the Commission, which shall
deleted
Agreement on deletion
coordinate the work of the
coordinate the work of the
European Migration Network, and European Migration Network,
ensure, in particular, that it
and ensure, in particular, that it
appropriately reflects the political appropriately reflects the
priorities of the Union in the area
political priorities of the Union
of migration and asylum;
in the area of migration and
asylum;
17431/13
AA/es
139
ANNEX
DG D
LIMITE
EN
(b) a Steering Board to provide
(b) a Steering Board to provide
deleted
Agreement on deletion
political guidance on and approve political guidance on and
the activities of the European
approve the activities of the
Migration Network, comprising of European Migration Network,
the Commission plus experts from comprising of the Commission
Member States, the European
plus experts from Member
Parliament and from other relevant States, the European Parliament
entities;
and from other relevant
independent entities;
[AM 119]
(c) National Contact Points
(c)
national contact points
deleted
Agreement on deletion
designated by the Member States, designated by the Member
each one comprising of at least
States,
each comprising at least
three experts who collectively have three experts who collectively
expertise in the area of asylum and have expertise in the area of
migration, covering aspects of
asylum and migration, covering
policymaking, law, research and
aspects of policymaking, law,
statistics, and who shall co-
research and statistics, and
ordinate and provide the national
whose function is to coordinate
contributions to the activities
and provide the national
referred to in Article 19(1) in order contributions to the activities
to have contributions from all
referred to in Article 19(1) in
relevant stakeholders;
order to have contributions from
all relevant stakeholders;
(d) other relevant national and
(d) other relevant national and
deleted
Agreement on deletion
Union level entities in the field of
Union level entities in the field
migration and asylum.
of migration and asylum.
17431/13
AA/es
140
ANNEX
DG D
LIMITE
EN
6. The Commission shall establish 6. The Commission shall
deleted
Agreement on deletion
by way of implementing acts the
establish by way of
detailed rules for the functioning
implementing acts the detailed
of the European Migration
rules for the functioning of the
Network in accordance with the
European Migration Network in
procedure referred to in Article
accordance with the procedure
27(2).
referred to in Article 27(2).
7. The amount made available for
7. The amount made available
7. The amount made available for
7. The amount made available for the
the European Migration Network
for the European Migration
the European Migration Network
European Migration Network under the
under the annual appropriations of Network under the annual
under the annual appropriations of annual appropriations of the Fund and
the Fund and the work programme appropriations of the Fund and
the Fund and the work programme the work programme laying down the
laying down the priorities for its
the work programme laying
laying down the priorities for its
priorities for its activities shall be
activities shall be adopted in
down the priorities for its
activities shall be adopted in
adopted
by the Commission, after
accordance with the procedure
activities shall be adopted in
accordance with the procedure
approval by the Steering Board in
referred to in Article 27(3) and, if
accordance with the procedure
referred to in Article 27(3) and, if
accordance with the procedure referred
possible, combined with the work referred to in Article 27(3)
26
possible, combined with the work
to in Article
4(5)(a) of Decision
programme for Union actions and and, if possible, combined with programme for Union actions and
2008/381/EC, which constitutes a
emergency assistance.
the work programme for Union emergency assistance.
financing decision pursuant to Article
actions and emergency
84 of Regulation (EU, Euratom) No
assistance.
[AM 120]
966/2012. 27(3) and, if possible,
combined with the work programme for
Union actions and emergency
assistance.
17431/13
AA/es
141
ANNEX
DG D
LIMITE
EN
8. Financial assistance provided
8.
The financial assistance
8. Financial assistance provided for 8. Financial assistance provided for the
for the activities of the European
provided for the activities of the the activities of the European
activities of the European Migration
Migration Network shall take form European Migration Network
Migration Network shall take the
Network shall take the form of grants to
of grants to the National Contact
shall take form of grants to the
form of grants to the National
the National Contact Points and public
Points and public contracts as
national contact points and
Contact Points and public contracts contracts as appropriate, in line with the
appropriate, in line with the
public contracts as appropriate, as appropriate, in line with the
Financial Regulation
(EU, Euratom)
Financial Regulation.
in
accordance with the
Financial Regulation.
The
No 966/2012. The assistance shall
Financial Regulation.
assistance shall ensure
ensure appropriate and timely financial
appropriate and timely financial support to National Contact Points.
support to National Contact
Costs incurred for the
Points.
implementation of actions of the
National Contact Points supported
through grants awarded in 2014 may
be eligible from 1 January 2014.
9. Decision 2008/381/EC is
9. Decision 2008/381/EC is hereby
hereby amended as follows:
amended as follows:
(a) Article 4(5)(a) is replaced by (a) Article 4(5)(a) is replaced by the
the following:
following:
prepare and approve draft work 'prepare and approve the draft work
programme of activities, notably programme of activities, notably in
in regard to the objectives and
regard to the objectives and thematic
thematic priorities and an
priorities and an indicative amount of
indicative amount of the budget the budget for each National Contact
for each National Contact Point Point to ensure the proper functioning of
to ensure the proper functioning the European Migration Network, on the
of the EMN, on the basis of a
basis of a draft from the Chair.
draft from the Chair;'
17431/13
AA/es
142
ANNEX
DG D
LIMITE
EN
(b) Article 6(4) is replaced by the (b) Article 6(4) is replaced by the
following:
following:
'The Commission shall monitor
'The Commission shall monitor the
the execution of the work
execution of the work programme of
programme of activities and
activities and regularly report on its
regularly report on its execution execution and the development of the
and the development of the EMN European Migration Network to the
to the Steering Board.'
Steering Board.'
(c) Article 6(5) to (8) is deleted.
Agreement on Council text
(d) Article 11 is deleted.
Agreement on Council text
(e) Article 12 is deleted.
Agreement on Council text
Article 24
Article 24
Article 24
Technical assistance
Technical assistance
Technical assistance
1. At the initiative and/or on behalf 1. At the initiative
or on behalf
1. At the initiative and/or on behalf
of the Commission, up to EUR 2,5 of the Commission, up to EUR
of the Commission, up to EUR
[2,5
million of the Fund shall be
2,5 million of the Fund shall be million
] of the Fund shall be
annually used for technical
annually used for technical
annually used for technical
assistance in accordance with
assistance in accordance with
assistance in accordance with
Article 10 of the Regulation (EU)
Article 10 of the Regulation
Article 10 of the Regulation (EU)
No …/… [Horizontal Regulation]. (EU) No …/… [Horizontal
No …/… [Horizontal Regulation].
Regulation].
2. At the initiative of a Member
2. At the initiative of a Member 2. At the initiative of a Member
Agreement on Council text.
State, the Fund shall contribute up State, the Fund shall contribute
State, the Fund may finance
to 5% of the total amount allocated up to
5 % of the total amount
technical assistance activities, in
to the Member State to technical
allocated to the Member State to accordance with Article 20 of
assistance under the national
technical assistance under the
Regulation (EU) No .../...
programme in accordance with
national programme in
[Horizontal Regulation]
Article 20 of the Regulation (EU)
accordance with Article 20 of
17431/13
AA/es
143
ANNEX
DG D
LIMITE
EN
No …/… [Horizontal Regulation]. the Regulation (EU) No …/…
The amount set aside for technical
[Horizontal Regulation].
assistance shall not exceed, for the
period 2014 to 2020, 5.5% of the
total amount allocated to a Member
States plus EUR 1.000.000.
Article 24a
Coordination
The Commission and the
Agreement on:
Members States, together with
the European External Action
The Commission and the Members
Service, shall ensure
States, together with the European
coordination as regards actions
External Action Service where
in and in relation to third
appropriate, shall ensure actions in and
countries. They shall, in
in relation to third countries are taken in
particular, ensure that those
synergy and coherence with other
actions:
actions outside the Union supported
through Union instruments. They shall,
in particular, ensure that those actions:
(a) comply with the Union's
Agreement on:
external policy and, in
particular, with the principle of
(a) are coherent with the Union's
policy coherence for
external policy, respect the principle of
development and be coherent
policy coherence for development, and
with the strategic programming
are consistent with the strategic
documents for the region or
programming documents for the region
country in question;
or country in question;
17431/13
AA/es
144
ANNEX
DG D
LIMITE
EN
(b) focus on non-development-
Agreement on:
oriented measures;
(b) focus on non-development-oriented
measures;
(c) are part of a short or
Agreement to drop this amendment
possibly medium-term
approach, depending on the
nature of the actions and
priorities;
(d) essentially serve the
Agreement on:
interests of the Union, have a
direct impact on the Union and
(d) serve the interests of the Union’s
its Member States, and provide
internal policies are consistent with
the necessary continuity with
activities undertaken inside the Union.
activities undertaken inside the
Union. [AM 121]
CHAPTER VI
CHAPTER VI
CHAPTER VI
FINAL PROVISIONS
FINAL PROVISIONS
FINAL PROVISIONS
Article 25
Article 25
Article 25
Specific provisions concerning
Specific provisions concerning
Specific provisions concerning
lump sums for resettlement and
lump sums for resettlement and lump sums for resettlement and
relocation
relocation
relocation
17431/13
AA/es
145
ANNEX
DG D
LIMITE
EN
By way of derogation from the
By way of derogation from the
By way of derogation from the
rules on the eligibility of
rules on the eligibility of
rules on the eligibility of
expenditure laid down in Article
expenditure laid down in Article expenditure laid down in Article 18
18 of the Regulation (EU) No
18 of the Regulation (EU) No
of the Regulation (EU) No …/…
…/… [Horizontal Regulation], in
…/… [Horizontal Regulation],
[Horizontal Regulation], in
particular as regards the lump
in particular as regards the lump particular as regards the lump sums
sums and flat rates, the lump sums sums and flat rates, the lump
and flat rates, the lump sums
allocated to the Member States for sums allocated to the Member
allocated to the Member States for
resettlement and/or relocation
States for resettlement
or
resettlement and/or relocation
pursuant to this Regulation shall
relocation pursuant to this
pursuant to this Regulation shall
be:
Regulation shall be:
be:
- exempt from the obligation that
- exempt from the obligation
- exempt from the obligation that
they are to be based on statistical
that they are to be based on
they are to be based on statistical or
or historic data; and
statistical or historic data;
historic data; and
- granted provided that the person - granted provided that the
- granted provided that the person
in respect of whom the lump sum person in respect of whom the
in respect of whom the lump sum is
is allocated was effectively lump sum is allocated was
allocated was effectively resettled
resettled and/or relocated in effectively resettled
or relocated and/or relocated in accordance with
accordance with this Regulation.
in accordance with this
Regulation; and
this Regulation.
- used for the benefit of
Agreement to drop this amendment
resettlement or relocation
actions. [AM 122]
17431/13
AA/es
146
ANNEX
DG D
LIMITE
EN
Article 26
Article 26
Article 26
Exercise of the delegation
Exercise of the delegation
Exercise of the delegation
1. The power to adopt delegated
1. The power to adopt delegated 1. The power to adopt delegated
acts is conferred on the
acts is conferred on the
acts is conferred on the
Commission subject to the
Commission subject to the
Commission subject to the
conditions laid down in this
conditions laid down in this
conditions laid down in this Article.
Article.
Article.
2. The delegation of powers
2.
The power to adopt delegated 2. The delegation of powers
Agreement on Council text.
referred to in this Regulation shall
acts referred to in this
referred to in this Regulation shall
be conferred on the Commission
Regulation shall be conferred on be conferred on the Commission for
for a period of 7 years from date of the Commission for a period of a period of 7 years from date of
entry into force of this Regulation.
seven years from date of entry
entry into force of this Regulation.
The delegation of powers shall be into force of this Regulation.
The Commission shall draw up a
tacitly extended for periods of an
The delegation of powers shall
report in respect of the delegation
identical duration, unless the
be tacitly extended for periods
of power not later than nine
European Parliament or the
of an identical duration, unless
months before the end of the 7
Council opposes such extension
the European Parliament or the
years period. The delegation of
not later than three months before Council opposes such extension powers shall be tacitly extended for
the end of each period.
not later than three months
(…) a period of three years, unless
before the end of each period.
the European Parliament or the
Council opposes such extension not
later than three months before the
end of each period.
3. The delegation of powers
3. The delegation of
power
3. The delegation of powers
referred to in this Regulation may referred to in this Regulation
referred to in this Regulation may
be revoked at any time by the
may be revoked at any time by
be revoked at any time by the
European Parliament or by the
the European Parliament or by
European Parliament or by the
Council. A decision of revocation the Council. A decision of
Council. A decision of revocation
shall put an end to the delegation
revocation shall put an end to
shall put an end to the delegation of
of the power specified in that
the delegation of the power
the power specified in that
17431/13
AA/es
147
ANNEX
DG D
LIMITE
EN
decision. It shall take effect the
specified in that decision. It
decision. It shall take effect the day
day following the publication of
shall take effect the day
following the publication of the
the decision in the
Official Journal following the publication of the decision in the
Official Journal of
of the European Union or at a later decision in the
Official Journal the European Union or at a later
date specified therein. It shall not
of the European Union or at a
date specified therein. It shall not
affect the validity of any delegated later date specified therein. It
affect the validity of any delegated
acts already in force.
shall not affect the validity of
acts already in force.
any delegated acts already in
force.
4. As soon as it adopts a delegated 4. As soon as it adopts a
4. As soon as it adopts a delegated
act, the Commission shall notify it delegated act, the Commission
act, the Commission shall notify it
simultaneously to the European
shall notify it simultaneously to simultaneously to the European
Parliament and to the Council.
the European Parliament and to Parliament and to the Council.
the Council.
5. A delegated act adopted
5. A delegated act adopted
5. A delegated act adopted pursuant
pursuant to this Regulation shall
pursuant to this Regulation shall to this Regulation shall enter into
enter into force only if no
enter into force only if no
force only if no objection has been
objection has been expressed either objection has been expressed
expressed either by the European
by the European Parliament or the either by the European
Parliament or the Council within a
Council within a period of 2
Parliament or the Council within period of 2 months of notification
months of notification of that act to a period of
two months of
of that act to the European
the European Parliament and the
notification of that act to the
Parliament and the Council or if,
Council or if, before the expiry of European Parliament and the
before the expiry of that period, the
that period, the European
Council or if, before the expiry
European Parliament and the
Parliament and the Council have
of that period, the European
Council have both informed the
both informed the Commission
Parliament and the Council have Commission that they will not
that they will not object.
That
both informed the Commission
object.
That period shall be
period shall be extended by 2
that they will not object.
That
extended by 2 months at the
months at the initiative of the
period shall be extended by
two initiative of the European
European Parliament or the
months at the initiative of the
Parliament or the Council.
Council.
European Parliament or the
17431/13
AA/es
148
ANNEX
DG D
LIMITE
EN
Council.
Article 27
Article 27
Article 27
Committee procedure
Committee procedure
Committee procedure
1. The Commission shall be
1. The Commission shall be
1. The Commission shall be
assisted by the common
assisted by the common
assisted by the common Committee
Committee 'Asylum, Migration
Committee 'Asylum, Migration 'Asylum, Migration and Security'
and Security' established by Article and Security' established by
established by Article 55(1) of the
55(1) of the Regulation (EU) No
Article 55(1) of the Regulation
Regulation (EU) No …/…
…/… [Horizontal Regulation]
.
(EU) No …/… [Horizontal
[Horizontal Regulation]
.
Regulation]
.
2. Where reference is made to this 2. Where reference is made to
2. Where reference is made to this
paragraph, Article 4 of Regulation this paragraph, Article 4 of
paragraph, Article 4 of Regulation
(EU) No 182/2011 shall apply.
Regulation (EU) No 182/2011
(EU) No 182/2011 shall apply.
shall apply.
3. Where reference is made to this 3. Where reference is made to
3. Where reference is made to this
Agreement on:
paragraph, Article 5 of Regulation this paragraph, Article 5 of
paragraph, Article 5
of Regulation
(EU) No 182/2011 shall apply.
Regulation (EU) No 182/2011
(EU) No 182/2011 shall apply
and 3. Where reference is made to this
shall apply.
Article 55(3) of Regulation (EU)
paragraph, Article 5 of Regulation (EU)
No …/… [Horizontal Regulation] No 182/2011 shall apply.
shall also apply.
Where the committee delivers no
opinion, the Commission shall not adopt
the draft implementing act and the
Article 5(4)(b) of Regulation (EU) No
182/2011 shall apply.
17431/13
AA/es
149
ANNEX
DG D
LIMITE
EN
Article 28
Article 28
Article 28
Review
Review
Review
On the basis of a proposal from the On the basis of a proposal from On the basis of a proposal from the
Commission, the European
the Commission, the European
Commission, the European
Parliament and the Council shall
Parliament and the Council shall Parliament and the Council shall
review this Regulation by 30 June review this Regulation by 30
review this Regulation by 30 June
2020 at the latest.
June
2020.
2020 at the latest.
Article 29
Article 29
Article 29
Applicability of the Regulation
Applicability of the Regulation
Applicability of the Regulation
(EU) No …/… [Horizontal
(EU) No …/… [Horizontal
(EU) No …/… [Horizontal
Regulation]
Regulation]
Regulation]
The provisions of [Regulation
The provisions of [Regulation
The provisions of [Regulation (EU)
Agreement on EP amendment.
(EU) No .../…] shall apply to this
(EU) No .../…] shall apply to
No .../…] shall apply to this Fund.
Fund.
the Fund
, without prejudice to
Article 4a of this Regulation.
[AM 123]
Article 30
Article 30
Article 30
Repeal
Repeal
Repeal
The following Decisions are
The following Decisions are
The following Decisions are
repealed with effect from 1
repealed with effect from 1
repealed with effect from 1 January
January 2014:
January 2014:
2014:
17431/13
AA/es
150
ANNEX
DG D
LIMITE
EN
(a) Decision No 573/2007/EC;
(a) Decision No 573/2007/EC;
(a) Decision No 573/2007/EC;
(b) Decision No 575/2007/EC;
(b) Decision No 575/2007/EC;
(b) Decision No 575/2007/EC;
(c) Decision 2007/435/EC;
(c) Decision 2007/435/EC;
(c) Decision 2007/435/EC;
(d) Decision 2008/381/EC.
(d) Decision 2008/381/EC.
deleted
Agreement on Council text.
Article 31
Article 31
Article 31
Transitional provisions
Transitional provisions
Transitional provisions
1. This Regulation shall not affect 1. This Regulation shall not
1. This Regulation shall not affect
the continuation or modification,
affect the continuation or
the continuation or modification,
including the total or partial
modification, including the total including the total or partial
cancellation, of the projects and
or partial cancellation, of the
cancellation, of the projects and
annual programmes concerned,
projects and annual programmes annual programmes concerned,
until their closure, or of assistance concerned, until their closure, or until their closure, or of assistance
approved by the Commission on
of assistance approved by the
approved by the Commission on
the basis of Decisions No
Commission on the basis of
the basis of Decisions No
573/2007/EC, No 575/2007/EC
Decisions No 573/2007/EC, No 573/2007/EC, No 575/2007/EC and
and 2007/435/EC or any other
575/2007/EC and
No
2007/435/EC or any other
legislation applying to that
2007/435/EC, or any other
legislation applying to that
assistance on 31 December 2013.
Union legal act applying to that assistance on 31 December 2013.
assistance on 31 December
2013.
17431/13
AA/es
151
ANNEX
DG D
LIMITE
EN
link to page 155
This Regulation shall not affect the This Regulation shall not affect This Regulation shall not affect the
continuation or modification,
the continuation or
continuation or modification,
including the total or partial
modification, including the total including the total or partial
cancellation, of financial support
or partial cancellation, of
cancellation, of financial support
approved by the Commission on
financial support approved by
approved by the Commission on
the basis of Decision 2008/381/EC the Commission on the basis of the basis of Decision 2008/381/EC
or any other legislation applying to Decision 2008/381/EC or any
or any other legislation applying to
that assistance on 31 December
other legislation applying to that that assistance on 31 December
2013.
assistance on 31 December
2013.
2013.
2. When adopting decisions on co- 2. When adopting decisions on
2. When adopting decisions on co-
financing under this Regulation,
co-financing under this
financing under this Regulation, the
the Commission shall take account Regulation, the Commission
Commission shall take account of
of measures adopted on the basis
shall take account of measures
measures adopted on the basis of
of Decisions No 573/2007/EC, No adopted on the basis of
Decisions No 573/2007/EC, No
575/2007/EC, 2007/435/EC and
Decisions No 573/2007/EC, No 575/2007/EC, 2007/435/EC and
2008/381/EC before [date of
575/2007/EC, 2007/435/EC and 2008/381/EC before [date of
publication in the Official Journal] 2008/381/EC
by ....* which have publication in the Official Journal]
which have financial repercussions financial repercussions during
which have financial repercussions
during the period covered by that
the period covered by that co-
during the period covered by that
co-financing.
financing.
co-financing.
*
OJ please insert the date of publication in the Official Journal.
17431/13
AA/es
152
ANNEX
DG D
LIMITE
EN
3. Sums committed for co-
3. Sums committed for co-
3. Sums committed for co-financing
financing approved by the
financing approved by the
approved by the Commission
Commission between 1 January
Commission between 1 January between 1 January 2011 and 31
2011 and 31 December 2013 for
2011 and 31 December 2013 for December 2013 for which the
which the documents required for
which the documents required
documents required for closure of
closure of the actions have not
for closure of the actions have
the actions have not been sent to the
been sent to the Commission by
not been sent to the Commission Commission by the deadline for
the deadline for submitting the
by the deadline for submitting
submitting the final report shall be
final report shall be automatically
the final report shall be
automatically decommitted by the
decommitted by the Commission
automatically decommitted by
Commission by 31 December 2017,
by 31 December 2017, giving rise the Commission by 31
giving rise to the repayment of
to the repayment of amounts
December 2017, giving rise to
amounts unduly paid.
unduly paid.
the repayment of amounts
unduly paid.
4. Amounts relating to actions
4. Amounts relating to actions
4. Amounts relating to actions
which have been suspended due to which have been suspended due which have been suspended due to
legal proceedings or administrative to legal proceedings or
legal proceedings or administrative
appeals having suspensory effect
administrative appeals having
appeals having suspensory effect
shall be disregarded in calculating suspensory effect shall be
shall be disregarded in calculating
the amount to be automatically
disregarded in calculating the
the amount to be automatically
decommitted.
amount to be automatically
decommitted.
decommitted.
17431/13
AA/es
153
ANNEX
DG D
LIMITE
EN
5. Member States shall submit to
the Commission by 30 June 2015 Agreement on Council text.
evaluation reports on the results
and impact of actions co-financed
under the Decisions No
573/2007/EC, No 575/2007/EC
and 2007/435/EC concerning the
period 2011 to 2013.
6.The Commission shall submit
Agreement on Council text.
to the European Parliament, the
Council, the European Economic
and Social Committee and the
Committee of the Regions by 31
December 2015 ex-post
evaluation reports under the
Decisions No 573/2007/EC, No
575/2007/EC and 2007/435/EC
concerning the period 2011 to
2013.
Article 32
Article 32
Article 32
Entry into force and application
Entry into force and application Entry into force and application
This Regulation shall enter into
This Regulation shall enter into This Regulation shall enter into
force on the day following that of
force on the day following that
force on the day following that of
its publication in the
Official
of its publication in the
Official its publication in the
Official
Journal of the European Union.
Journal of the European Union.
Journal of the European Union.
17431/13
AA/es
154
ANNEX
DG D
LIMITE
EN
Agreement on:
It shall apply from 1 January 2014
This Regulation shall be binding in This Regulation shall be binding This Regulation shall be binding in
its entirety and directly applicable in its entirety and directly
its entirety and directly applicable
in the Member States in
applicable in the Member States in the Member States in accordance
accordance with the Treaties.
in accordance with the Treaties. with the Treaties.
Done at Brussels,
Done at ...,
Done at Brussels,
For the European Parliament
For the European Parliament
For the European Parliament
The President
The President
The President
For the Council
For the Council
For the Council
The President
The President
The President
ANNEX II
ANNEX II
List of specific actions according
List of specific actions
referred
to Article 16
to in Article 16
(1) Establishment and
(1) Establishment and
(1) Establishment and development
development in the Union of
development in the Union of
in the Union of transit and
transit and processing centres for
transit and processing centres
processing centres for refugees, in
refugees, in particular to support
for refugees, in particular to
particular to support resettlement
resettlement operations in
support resettlement operations operations in cooperation with the
cooperation with the UNHCR
in cooperation with the
UNHCR
UNHCR
.
17431/13
AA/es
155
ANNEX
DG D
LIMITE
EN
(2) New approaches, in
(2) New approaches, in
(2) New approaches, in cooperation
cooperation with the UNHCR,
cooperation with the UNHCR,
with the UNHCR, concerning
concerning access to asylum
concerning access to asylum
access to asylum procedures
procedures targeting main
procedures targeting main
targeting main countries of transit
countries of transit such as
countries of transit such as
such as protection programmes for
protection programmes for
protection programmes for
particular groups or certain
particular groups or certain
particular groups or certain
procedures for examination of
procedures for examination of
procedures for examination of
applications for asylum
applications for asylum
applications for asylum
.
(2a) Establishment of a
Resettlement Unit within the
Agreement to drop this amendement
EASO with adequate staff
allocated to carry out the
necessary coordination between
all the ongoing resettlement
activities in the Member States,
to conduct missions to other
Member States or third
countries, to assist in the
carrying out of interviews,
medical and security
screenings, to gather expertise,
to enable information
collecting and sharing, to
establish close contact with the
UNHCR and local NGOs, to
play an important role in the
monitoring and evaluation of
the effectiveness and quality of
the programmes, to promote
awareness and to ensure Union
17431/13
AA/es
156
ANNEX
DG D
LIMITE
EN
wide networking and exchange
of good practices among
resettling stakeholders,
including partnerships between
international organisations,
public authorities and civil
society. [AM 124]
(2b) Initiatives to allow local
Withdrawn
authorities and local partners
of Member States to ask for
financial support from the
Fund in the context of local
integration programmes which
includes arrival support,
follow-up on arrivals, planning
and coordination structures
and activities to inform and
promote resettlement with the
communities that are to
welcome resettled refugees.
[AM 125]
(3) Joint initiatives amongst
(3) Joint initiatives amongst
(3) Joint initiatives amongst
Member States in the field of
Member States in the field of
Member States in the field of
integration, such as benchmarking integration, such as
integration, such as benchmarking
exercises, peer reviews or testing
benchmarking exercises, peer
exercises, peer reviews or testing of
of European modules, for example reviews or testing of European
European modules, for example on
on the acquisition of language
modules, for example on the
the acquisition of language skills or
skills or the organisation of
acquisition of language skills or the organisation of introductory
introductory programmes
the organisation of introductory programmes
programmes
.
17431/13
AA/es
157
ANNEX
DG D
LIMITE
EN
(3a) Initiatives in the area of
Agreement on:
integration in order to improve
the coordination of relevant
(3) Joint initiatives amongst Member
policies at several levels
States in the field of integration, such as
between the Member States,
benchmarking exercises, peer reviews
regions and local authorities.
or testing of European modules, for
[AM 126]
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.
(4) Joint initiatives aimed at
(4) Joint initiatives aimed at
(4) Joint initiatives aimed at
Agreement on EP amendment.
identification and implementation identification and
identification and implementation
of new approaches concerning the implementation of new
of new approaches concerning the
procedures at first encounter and
approaches concerning the
procedures at first encounter and
standards of protection of
procedures at first encounter
standards of protection of
unaccompanied minors
and
, standards of protection of
unaccompanied minors
and assistance for
unaccompanied minors.
[AM
127]
(5) Joint return operations,
(5) Joint return operations,
(5) Joint return operations,
including joint actions on
including joint actions on
including joint actions on
implementation of Union
implementation of Union
implementation of Union
readmission agreements
readmission agreements.
readmission agreements
17431/13
AA/es
158
ANNEX
DG D
LIMITE
EN
(6) Joint reintegration projects in
(6) Joint reintegration projects
(6) Joint reintegration projects in
the countries of origin with a view in the countries of origin with a the countries of origin with a view
to sustainable return, as well as
view to sustainable return, as
to sustainable return, as well as
joint actions to strengthen third
well as joint actions to
joint actions to strengthen third
countries' capacities to implement strengthen third countries'
countries' capacities to implement
Union readmission agreements
capacities to implement Union
Union readmission agreements
readmission agreements.
(7) Joint initiatives aimed at
(7) Joint initiatives aimed at
(7) Joint initiatives aimed at
Agreement on Council text.
restoring family unity and
restoring family unity and
restoring family unity and
reintegration of unaccompanied
reintegration of unaccompanied reintegration of unaccompanied
minors in their countries of origin minors in their countries of
minors in their countries of origin
origin
where that is in their best
interests. [AM 128]
(8) Setting up of joint migration
(8) Setting up of joint migration (8)
Joint initiatives among
Agreement on:
centres in third-countries, as well
centres in third-countries, as
Member States in the field of
as joint projects to promote
well as joint projects to promote
legal migration, including the
cooperation between recruitment
cooperation between
sSetting up of joint migration
(8) Joint initiatives among Member
agencies and employment services recruitment agencies and
centres in third-countries, as well as States in the field of legal migration,
from Member States and third
employment services from
joint projects to promote
including the setting up of joint
countries
Member States and third
cooperation between
(…) Member migration centres in third-countries, as
countries
.
States
with a view to combating
well as joint projects to promote
fraud and the abuse of legal
cooperation between Member States
migration channels (…)
with a view to encouraging the use of
exclusively legal migration channels
and informing on the risks of illegal
immigration.
17431/13
AA/es
159
ANNEX
DG D
LIMITE
EN
(9) Joint initiatives strengthening Agreement to drop this amendment
the implementation of the
external dimension of actions in
relation to the cooperation with
third countries
ANNEX III
ANNEX III
ANNEX III
List of common Union
List of common Union
deleted
Agreement on COM / EP text
resettlement priorities for 2014-
resettlement priorities for 2014-
2015
2015
List of common Union resettlement
priorities
(1) The Regional Protection
(1) The Regional Protection
Programme in Eastern Europe
Programme in Eastern Europe
(Belarus, Moldova, Ukraine)
(Belarus, Moldova, Ukraine)
(2) The Regional Protection
(2) The Regional Protection
Programme in the Horn of Africa
Programme in the Horn of
(Djibouti, Kenya, Yemen)
Africa (Djibouti, Kenya,
Yemen)
(3) The Regional Protection
Programme in North Africa
(3) The Regional Protection
(Egypt, Libya, Tunisia)
Programme in North Africa
(Egypt, Libya, Tunisia)
(4) Refugees in the region of
(4) Refugees in the region of
Eastern Africa / Great Lakes
Eastern Africa / Great Lakes
(5) Iraqi refugees in Syria,
(5) Iraqi refugees in Syria,
Lebanon, Jordan
Lebanon, Jordan
17431/13
AA/es
160
ANNEX
DG D
LIMITE
EN
(6) Iraqi refugees in Turkey
(6) Iraqi refugees in Turkey
(6a) Syrian refugees in Turkey,
Agreement on:
Jordan and Lebanon [AM 129]
6a) Syrian refugees in the region
17431/13
AA/es
161
ANNEX
DG D
LIMITE
EN
Agreement on:
ANNEX IV
List of common Indicators for the measurement of the Specific Objectives
(a)
to strengthen and develop all aspects of the Common European Asylum System, including its external dimension;
i. Number of target group persons provided with assistance through projects in the field of reception and asylum systems supported under this
Fund
1.
For the purposes of annual implementation reports, as referred to in Article 49 of the Horizontal Regulation, this indicator shall further be
broken down in subcategories such as:
- number of target group persons benefiting from information and assistance throughout the asylum procedures;
- number of target group persons benefiting from legal assistance and representation;
- number of vulnerable persons and unaccompanied minors benefiting from specific assistance;
ii. 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 EU acquis and of existing reception accommodation infrastructure improved in line with the same requirements as a
result of the projects supported under this Fund and percentage in the total reception accommodation capacity
ii a. Number of persons trained in on 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;
ii b. Number of country of origin information products and fact-finding missions conducted with the assistance of the Fund;
iii. Number of projects supported under this Fund to develop, monitor and evaluate asylum policies in Member States
iv. Number of persons resettled with support of this Fund
17431/13
AA/es
162
ANNEX
DG D
LIMITE
EN
(b)
to support legal migration to the Member States in line 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;
i. Number of target group persons who participated in pre-departure measures supported under this Fund
ii. Number of target group persons assisted by this Fund through integration measures in the framework of national, local and regional
strategies
2.
For the purposes of annual implementation reports, as referred to in Article 49 of the Horizontal Regulation, this indicator shall further be
broken down in subcategories such as:
- number of target group persons assisted through measures focusing on education and training, including language training and
preparatory actions to facilitate access to the labour market;
- number of target group persons supported through the provision of advice and assistance in the area of;
- number of target group persons assisted through the provision of health and psychological care;
- number of target group persons assisted through measures related to democratic participation;
iii. Number of local, regional and national policy frameworks/measures/tools in place for the integration of third country nationals and
involving civil society, migrant communities as well as all other relevant stakeholders as a result of the measures supported under this Fund
iv. Number of cooperation projects with other Member States on integration of third-country nationals supported under this Fund
v. Number of projects supported under this Fund to develop, monitor and evaluate integration policies in Member States;
(c)
to enhance fair and effective return strategies in the Member States supporting the fight against illegal migration with an emphasis on
sustainability of return and effective readmission in the countries of origin and transit;
i. Number of persons trained on return-related topics with the assistance of the Fund
ii. Number of returnees who received pre or post return reintegration assistance co-financed by the Fund
17431/13
AA/es
163
ANNEX
DG D
LIMITE
EN
iii. Number of returnees whose return was co-financed by the Fund persons who returned voluntarily and persons who were removed
iv. Number of monitored removal operations co-financed by the Fund
v. Number of projects supported under this Fund to develop, monitor and evaluate return policies in Member States;
(d)
to enhance the solidarity and responsibility sharing between the Member States, in particular towards those most affected by migration and
asylum flows.
i. Number of persons relocated with support of this Fund
ii. Number of cooperation projects with other Member States on enhancing solidarity and responsibility sharing between the Member States
supported under this Fund;
17431/13
AA/es
164
ANNEX
DG D
LIMITE
EN
Annex I - Multiannual breakdowns per Member States for 2014-2020
% average
Average
Member State
Minimum
2011-2013
amount
allocations
amount 2011-
TOTAL
ERF+IF+RF
2013
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 €
CH
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 €
DK
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 €
IS
17431/13
AA/es
165
ANNEX
DG D
LIMITE
EN
IT
5,000,000 €
13.59%
305,355,777 €
310,355,777 €
LI
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 €
NO
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 €
17431/13
AA/es
166
ANNEX
DG D
LIMITE
EN
Document Outline