Ref. Ares(2017)419960 - 26/01/2017
Ref. Ares(2018)6549080 - 19/12/2018
ANNEX I TO FINANCING AGREEMENT N° ENI/2016/038-812
TECHNICAL AND ADMINISTRATIVE PROVISIONS
1. Title/basic act/
Helping Belarus Address the Phenomenon of Increasing Numbers
CRIS number
of Irregular Migrants
CRIS number: ENI/2016/038-812
financed under the European Neighbourhood Instrument
2. Zone benefiting
Belarus
from the
The action shall be carried out at the following locations: Several
action/location
Belarusian Voblasts (Regions), Latvia/Lithuania/Poland-Belarus border
regions
3. Programming
Multiannual Indicative Programme for EU Support to Belarus (2014-
document
2017)
4. Sector of
Complementary Support for
DEV. Aid: YES
concentration/
Capacity Development
thematic area
5. Amounts
Total estimated cost: EUR 7 million
concerned
Total amount of EU budget contribution: EUR 7 million
6. Aid
Project Modality
modality(ies)
Indirect management with the International Organization for Migration
and
implementation
modality(ies)
7 a) DAC code(s)
15110 – Public Sector Policy and Administrative Management
b) Main Delivery 47066 - International Organisation for Migration
Channel
8. Markers (from
General policy objective
Not
Significant
Main
CRIS DAC form)
targeted
objective
objective
Participation development/good
☐
☐
X
governance
Aid to environment
X
☐
☐
Gender equality (including Women
☐
X
☐
In Development)
Trade Development
X
☐
☐
Reproductive, Maternal, New born
X
☐
☐
and child health
RIO Convention markers
Not
Significant
Main
targeted
objective
objective
Biological diversity
X
☐
☐
Combat desertification
X
☐
☐
Climate change mitigation
X
☐
☐
Climate change adaptation
X
☐
☐
Financing Agreement ENI/2016/038-812 – Technical and Administrative Provisions
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9. Global Public
n/a
Goods and
Challenges (GPGC)
thematic flagships
SUMMARY
The EU and Belarus are currently in the final phase of negotiations on three mobility-related
agreements: a visa facilitation agreement, a readmission agreement and a Mobility Partnership. As
a measure accompanying the negotiation process, the European Commission has decided to
allocate about 10% of the funds of the «Multiannual Indicative Programme for EU Support to
Belarus (2014-2017)» to "Complementary Support for Capacity Development" in order to
"provide specific assistance for the implementation of priority commitments deriving from future
possible EU agreements and the dialogue on mobility".
This Action is meant to help the country (1) comply with its potential commitments under the
future EU-Belarus readmission agreement and the Mobility Partnership and (2) address the
phenomenon of increased irregular migration flows through Belarus originating from the conflict
in Ukraine, the civil war in Syria and the economic crisis in Russia, which force many third-
country nationals to look for new (job) opportunities in the EU.
This project is a comprehensive support programme in the area of migration. It will support the
development and implementation of a fully-fledged irregular migration management strategy in
line with international migrants' rights standards. The programme will encompass activities on
legislative and institutional reform issues in Component 1 (e.g. policy advice on migration
strategy development, division of responsibilities between state agencies, enhanced inter-service
cooperation, and the development of a national referral system). It will focus on topics such as the
development of analytical and statistical reports on migration flows (including support to Belarus'
databases on migration), migration profiling (including sex- and age-disaggregated statistical
data) and gender-sensitive training on interviewing techniques for border guard staff when dealing
with migrants. Activities will also include training on the management of migrants'
accommodation centres in line with best international and EU standards, English language courses
for interviewers as well as centres' staff. Moreover, a mechanism of
voluntary return and
reintegration for stranded migrants, including rejected asylum seekers and third-country or
Belarusian nationals returned from EU countries, will be set up and supplemented by funds
(Component 2). Apart from that, this Action will finance the construction and/or renovation of
several
temporary migrants' accommodation centres, administered by the Ministry of Interior
and the State Border Committee, based on best practices of EU Member States and taking into
account the needs of persons with special needs and vulnerable persons (Component 3).
1
DESCRIPTION OF THE ACTION
1.1
Objectives/results
Overall Objectives
1. To contribute to the strengthening and respect of human rights and fundamental
freedom aspects in the area of irregular migration
2. To contribute to the convergence of Belarus' normative framework towards the EU's
corresponding framework
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3. To contribute to the facilitation of operational cooperation between the EU, EU
Agencies, EU Member States and Belarus
4. To help increase security levels in the region and on the external EU border
Specific Objective
To support Belarus in the development and implementation of the country's irregular
migration and asylum policies and strategies in order to bring them closer to best EU and
international standards and practices
Results
1. A comprehensive legal and institutional policy framework programme on managing
irregular migration has been developed and implemented
2. An Assisted Voluntary Return and Reintegration Programme for irregular migrants is
designed and implemented
3. Several Migrants Accommodation Centres are built or refurbished and integrated in
the irregular migration management system
4. The legal, institutional and policy framework on irregular migration is gender-
streamlined
1.2
Main activities
Component 1: Policy development, strengthening of legal, institutional and operational
capacities
- Development of the necessary legal, institutional and policy framework for the smooth and
efficient functioning of Migrants' Accommodation Centres (MAC) and their integration into
the migration policy framework of Belarus;
- Provision of policy-related and legal advice on the review of relevant legislation and the
elaboration of an irregular migration management strategy and its implementation based on
best European practices: the focus will be on matters such as enhanced intra-service and inter-
agency coordination and data sharing, development of extended country migration profiles
(including sex- and age-disaggregated statistical data), drafting of migration and border risk
analysis reports, regulatory frameworks for handling irregular migration and national referral
mechanisms;
- Support to training institutions such as the ITC (International Training Centre) of the MoI;
- Training on identification of migrants' identity;
- Development of gender-sensitive standard operating procedures (SOPs) for the management
of MACs compliant with best international practice and respect of human rights;
- Gender assessment study on irregular migration at the beginning and at the end of the
project;
- Legal advice for detained irregular migrants;
- Development and implementation of tailor-made training programmes (including Training-
of-Trainers) for personnel working in MACs. Trainings will include language training, code
of conduct, gender awareness, international treaties and operational standards. Besides,
UNHCR will be invited to deliver trainings dedicated to asylum procedures;
- Training for services involved in processing readmission applications;
- Coordination with EU-funded TAIEX and MIEUX programmes to avoid overlaps.
Component 2: Establishment of an Assisted Voluntary Return and Reintegration (AVRR)
system for irregular migrants
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- Support in legislative and policy development, as well as training of Belarusian law
enforcement agencies staff to enable them to set up and operate a sustainable voluntary return
assistance system based on identified best EU practices; at least 50% of the trainees will be
women.
- Delivery of direct assistance to stranded migrants, including rejected asylum seekers and
third-country nationals returned from EU countries, such as translations/interpretation,
psychological support, medical services (including mobile gynaecological services), and
emergency packages (including clothes, sanitary goods, water and food). NGOs such as the
Belarus Red Cross, the Belarusian Movement of Medical Workers and women’s organisations
will also be invited to take part in legal counselling and the provision of direct assistance to
migrants.
Component 3: Establishment of Migrants Accommodation Centres (MAC) in line with best
EU and international standards
- Study visits for senior officials (policy makers) and technical experts to several EU / non-EU
countries where MACs already exist;
- Refurbishment, construction and equipping of the selected centres taking into account
specific needs of women migrants, minors and other vulnerable groups;
- Facilitation of links between MACs, surrounding communities and local authorities.
1.3
Intervention logic
The proposed intervention encompasses the following three components, which are expected
to be implemented in parallel:
1. Policy development, strengthening of institutional and operational capacities
This component is expected to lead to a significant improvement of migration governance in
Belarus. Its focus will be on the support to the elaboration of a comprehensive irregular
migration management strategy based on a revised legal, institutional and policy framework,
in full respect of human rights, which envisages,
inter alia, enhanced intra-service and inter-
agency coordination, risk analysis capacities and data sharing. Moreover, the project will help
the government develop extended migration profiles of the country containing most up-to-
date statistical data, aggregated in a gender-sensitive manner, and other relevant information
on the migration situation and trends. This data is expected to be used by the authorities also
to draft migration and border risk analysis reports, based on Frontex risk analysis
methodology, for the use by border guards and immigration police. In addition, regulatory
frameworks for handling irregular migration will be reviewed, revised as necessary, and
consolidated in a unified document. A national referral mechanism on irregular migration will
be developed. Support will also be extended to concerned training institutions such as the ITC
(International Training Centre of the MoI) to strengthen their research capacities in the field
of migration. Participants of the trainings organised in the framework of this component will
include policymakers, independent experts, academic circles, gender & gender-based violence
experts, and NGO representatives.
2. Assisted Voluntary Return and Reintegration (AVRR) of irregular migrants
Currently, the Government's capacity to provide AVRR to third-country nationals is very
limited (almost non-existent). Until recently, IOM used to partially fill this gap. However, due
to the lack of resources IOM is able to provide assistance to most vulnerable persons only.
Hence, as part of a broader capacity building support programme to Belarusian authorities, a
Financing Agreement ENI/2016/038-812 – Technical and Administrative Provisions
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mechanism of voluntary return and reintegration for stranded migrants, including rejected
asylum seeker, third-country and Belarusian nationals returned from EU countries, will be set
up and supplemented by funds.
3. Establishment of Migrants Accommodation Centres (MAC) in line with best
international and EU standards
Under this component, it is proposed to construct several MoI-run MACs with a capacity to
accommodate between 30 and 50 irregular migrants per centre at a time. Similar EU-funded
programmes are currently being implemented, for instance, in Turkey and the Caucasus.
Possible locations are Brest, Homieĺ, Lida, Minsk, Mahilioŭ and Viciebsk. In addition,
facilities operated by the SBC along the border with Poland, Lithuania and Latvia will be
upgraded (Brest, Hrodna, Lida or Smarhoń) and, possibly, newly built (Polack).
All centres will have closed and open-type facilities as well as multi-purpose women-only
spaces for refugee women, girls, minors and families that provide for access to a range of
targeted services including psychological first aid, trauma counselling, and health care. All
centres will be made safe, accessible for representatives of organisations such as IOM,
UNHCR and the Belarus Red Cross, winterized, will have family and sex-segregated
partitions ensuring privacy as well as with wash facilities separating men and women. The
exact number of centres and their locations will be determined prior to the signing of the
Delegation Agreement.
2
IMPLEMENTATION
2.1
Implementation modalities
2.2.1 Indirect management with an international organisation
This action may be implemented in indirect management with the International Organization
for Migration (IOM) in accordance with Article 58(1)(c) of Regulation (EU, Euratom) No
966/2012. This implementation entails the Action's three components as described in section
4 above. This implementation is justified for the following reasons:
- There are very few other international organisations which are physically present in
Belarus, which is an absolute must for the implementation of this action;
- IOM has almost exclusive expertise in this particular area of assistance;
- IOM can build on its long-term relationship with project beneficiaries, something that is
particularly important in Belarus;
- Very good performance of IOM in other projects supervised by the EU Delegation to
Belarus (SURCAP, SURCAP 2, PRINEX);
- Due to IOM's extensive experience in implementing projects in Belarus and familiarity
with project registration procedures with the Ministry of Economy, which are rather
complicated and time-consuming, project activities could start without significant delay.
The entrusted entity would carry out the following budget-implementation tasks: running the
public procurement, concluding and managing the resulting contracts, including making of the
related payments.
If negotiations with the above-mentioned entrusted entity fail, that part of this action may be
implemented in indirect management with UNDP. The implementation by this alternative
entrusted entity would be justified because:
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- There are very few other international organisations which are physically present in
Belarus, which is an absolute must for the implementation of this action;
- UNDP can build on its long-term relationship with the Belarusian government, something
that is particularly important in Belarus;
- Good performance of UNDP in another similar project supervised by the EU Delegation to
Belarus (AMBEL);
- Due to UNDP's extensive experience in implementing projects in Belarus and familiarity
with project registration procedures with the Ministry of Economy, which are rather
complicated and time-consuming, project activities could start without significant delay.
The alternative entrusted entity would carry out the following budget-implementation tasks:
running the public procurement, concluding and managing the resulting contracts, including
making of the related payments.
2.2
Scope of geographical eligibility for procurement and grants
The geographical eligibility in terms of place of establishment for participating in
procurement and grant award procedures and in terms of origin of supplies purchased as
established in the basic act and set out in the relevant contractual documents shall apply,
subject to the following provision.
The Commission’s authorising officer responsible may extend the geographical eligibility in
accordance with Article 9(2)(b) of Regulation (EU) No 236/2014 on the basis of urgency or of
unavailability of products and services in the markets of the countries concerned, or in other
duly substantiated cases where the eligibility rules would make the realisation of this action
impossible or exceedingly difficult.
2.3
Indicative budget
EU
contribution
Indicative third party contribution
(amount in EUR)
(amount in EUR)
2.2.1 – Indirect management with
6.95 million
N.A.
the International Organisation for
Migration (IOM)
2.6 – Evaluation, 2.7 – Audit
0.05 million
N.A.
Totals 7
million
N.A.
2.4
Organisational set-up and responsibilities
A Steering Committee will be set up to oversee and validate the overall direction and policy
of the project (or other responsibilities to be specified) and will be convened twice a year. The
project steering committee shall be made up of representatives of the Beneficiary country, of
the entrusted entity (IOM), and of the Delegation of the European Union to the Republic of
Belarus.
2.5
Performance monitoring and reporting
The day-to-day technical and financial monitoring of the implementation of this action will be
a continuous process and part of the implementing partner’s responsibilities. To this aim, the
implementing partner shall establish a permanent internal, technical and financial monitoring
system for the action and elaborate regular progress reports (not less than annual) and final
reports. Every report shall provide an accurate account of implementation of the action,
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difficulties encountered, changes introduced, as well as the degree of achievement of its
results (outputs and direct outcomes) as measured by corresponding indicators, using as
reference the logframe matrix. The report shall be laid out in such a way as to allow
monitoring of the means envisaged and employed and of the budget details for the action. The
final report, narrative and financial, will cover the entire period of the action implementation.
The Commission may undertake additional project monitoring visits both through its own
staff and through independent consultants recruited directly by the Commission for
independent monitoring reviews (or recruited by the responsible agent contracted by the
Commission for implementing such reviews).
2.6
Evaluation
Having regard to the importance of the action, a mid-term evaluation will be carried out for
this action or its components via independent consultants contracted by the Commission.
The mid-term evaluation will be carried out for problem solving and learning purposes, in
particular with respect to the works component of the action.
The Commission shall inform the implementing partner at least one month in advance of the
dates foreseen for the evaluation missions. The implementing partner shall collaborate
efficiently and effectively with the evaluation experts, and
inter alia provide them with all
necessary information and documentation, as well as access to the project premises and
activities.
The evaluation report shall be shared with the partner country and other key stakeholders. The
implementing partner and the Commission shall analyse the conclusions and
recommendations of the evaluations and, where appropriate, in agreement with the partner
country, jointly decide on the follow-up actions to be taken and any adjustments necessary,
including, if indicated, the reorientation of the project.
Indicatively, one contract for evaluation services shall be concluded under a framework
contract in Q2/2018.
2.7
Audit
Without prejudice to the obligations applicable to contracts concluded for the implementation
of this action, the Commission may, on the basis of a risk assessment, contract independent
audits or expenditure verification assignments for one or several contracts or agreements.
Indicatively, one contract for audit services shall be concluded under a framework contract in
Q1/2020.
2.8
Communication and visibility
Communication and visibility of the EU is a legal obligation for all external actions funded by
the EU.
This action shall contain communication and visibility measures which shall be based on a
specific Communication and Visibility Plan of the Action, to be elaborated at the start of
implementation.
In terms of legal obligations on communication and visibility, the measures shall be
implemented by the Commission, the partner country, contractors, grant beneficiaries and/or
entrusted entities. Appropriate contractual obligations shall be included in, respectively, the
financing agreement, procurement and grant contracts, and delegation agreements.
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The Communication and Visibility Manual for European Union External Action shall be used
to establish the Communication and Visibility Plan of the Action and the appropriate
contractual obligations.
Communication and visibility expenditure will be financed under the budget of the Delegation
Agreement.
The Delegation will closely monitor that the visibility of EU support to the programme is
ensured by the implementing partners and promote visibility of the programme in its own
communication and visibility activities covered by another measure constituting a financing
decision.
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APPENDIX
1
- INDICATIVE LOGFRAME MATRIX (FOR PROJECT MODALITY)
The activities, the expected outputs and all the indicators, targets and baselines included in the logframe matrix are indicative and may be updated during the
implementation of the action, no amendment being required to the financing decision. When it is not possible to determine the outputs of an action at formulation
stage, intermediary outcomes should be presented and the outputs defined during inception of the overall programme and its components. The indicative logframe
matrix will evolve during the lifetime of the action: new lines will be added for including the activities as well as new columns for intermediary targets (milestones)
for the output and outcome indicators whenever it is relevant for monitoring and reporting purposes. Note also that indicators should be disaggregated by sex
whenever relevant.
Results chain
Indicators
Baselines
Targets
Sources and means
Assumptions
(incl. reference year)
(incl. reference year)
of verification
To contribute to the
Number of media reports;
Baseline study at End-of-the-
Media reports;
n/a
strengthening of human
number of changes in
the beginning
project study
European
rights and fundamental
Belarus' normative
of the project
describing
Commission reports;
Impact
freedoms aspects in the
frameworks towards EU and
describing
situation
Belarus government
area of irregular migration
international standards;
situation
reports; baseline
tives:
number of policy dialogue
studies
To contribute to the
meetings held; number of
convergence of Belarus'
cases of irregular migrants
all objec
normative framework
detected; number of migrants
towards the EU's
accommodated; number of
Over
corresponding framework
third-country migrants
readmitted from the EU
To contribute to the
facilitation of operational
cooperation between the
EU, EU Agencies, EU
Member States and
Belarus
To help increase security
levels in the region and on
the external EU border
1 Mark indicators aligned with the relevant programming document mark with '*' and indicators aligned to the EU Results Framework with '**'.
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To support Belarus in the
Number of changes introduced 0
Number to be
2 assessments
Beneficiary
(s)
development and
in adopted policy documents
established by
(baseline and end-
country has the
ome
implementation of the
and legislative acts
baseline study
of-project); 2 ROM
willingness to
country's irregular
commented on by project
in 2017;
missions; 1 mid-
reform its
Outc
migration and asylum
experts
changes to be
term evaluation;
migration and
policies and strategies in
achieved by end
interviews with
asylum policies
tive:
order to bring them closer
of 2020
beneficiaries
in line with
to best EU and
international
international standards and
Number of migrants supported 0
At least 300 by
standards
practices
under the Assisted Voluntary
end of 2020
Return and Reintegration
Specific objec
(AVRR) Programme
Number of Migrants'
0
Number of
Accommodation Centres
MACs;
(MAC) established
construction by
end of 2020
A comprehensive legal and
Number of policy advice
0
Number to be
Two baseline studies, The beneficiary
uts
institutional policy
consultations delivered
established by
media reports,
country will
framework programme on
baseline study
operative reports of
make sufficient
Outp
managing irregular
in 2017; all
the beneficiaries (if
numbers of
migration has been
consultations to
available);
appropriate
developed and
be finalised by
attendance lists of
qualified
implemented
end of 2020
training
personnel
An Assisted Voluntary
A legal and institutional policy 0
One framework
participants; project
available for
Return and Reintegration
framework programme
programme
progress reports;
project activities
(AVRR) Programme for
developed, gender-
developed by
tender
Project
irregular migrants is
streamlined and implemented
end of 2020
documentation,
participants of
designed and implemented Number of study visits for
0
Number to be
MAC assessment
the beneficiary
Several Migrants
senior officials (policy
established in
study; ROM
country will
Accommodation Centres
makers) and technical
Delegation
reports; mid-term
keep working in
(MAC) are built or
experts
Agreement with
evaluation
their institutions
refurbished and integrated
IOM in 2017;
for sufficient
in the irregular migration
all study visits
time so that the
management system
to be finalised
skills and
Legal, institutional and
by end of 2020
knowledge
policy framework on
Number of trainings organised
0
Number to be
obtained can be
irregular migration is
established in
properly applied
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gender-streamlined
Delegation
and transferred
Agreement with
to colleagues
IOM in 2017;
all trainings to
be finalised by
end of 2020
One set of gender -sensitive
0
1 set by end of
standard operating
2020
procedures (SOPs)
All funds allocated for the
0 EUR
About 6% of the
AVRR Programme spent
funds available;
spent by end of
2020
One assessment study on
0
1 study in 2017
number of MAC, their
location, conditions and
needs
Number of MACs built
0
Number to be
established in
Delegation
Agreement with
IOM in 2017;
construction
finalised by end
of 2020
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Document Outline