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Document 02021R1147-20220412
Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund
Consolidated text: Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund
Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund
02021R1147 — EN — 12.04.2022 — 001.001
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REGULATION (EU) 2021/1147 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 July 2021 establishing the Asylum, Migration and Integration Fund (OJ L 251 15.7.2021, p. 1) |
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REGULATION (EU) 2022/585 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 April 2022 |
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11.4.2022 |
REGULATION (EU) 2021/1147 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 7 July 2021
establishing the Asylum, Migration and Integration Fund
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation establishes the Asylum, Migration and Integration Fund (the ‘Fund’) for the period from 1 January 2021 to 31 December 2027.
This Regulation lays down the objectives of the Fund, the budget for the period from 1 January 2021 to 31 December 2027, the forms of Union funding and the rules for providing such funding.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
‘applicant for international protection’ means an applicant as defined in point (c) of Article 2 of Directive 2013/32/EU of the European Parliament and of the Council ( 1 );
‘beneficiary of international protection’ means a beneficiary of international protection as defined in point (b) of Article 2 of Directive 2011/95/EU of the European Parliament and of the Council ( 2 );
‘blending operation’ means actions supported by the Union budget, including within blending facilities within the meaning of point (6) of Article 2 of the Financial Regulation;
‘family member’ means any third-country national defined as a family member under the Union law relevant to the policy area of action supported under the Fund;
‘humanitarian admission’ means the admission following, where requested by a Member State, a referral from the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (‘UNHCR’), or another relevant international body, of third-country nationals or stateless persons from a third country to which they have been forcibly displaced to the territory of the Member States, and who are granted international protection or a humanitarian status under national law that provides for rights and obligations equivalent to those of Articles 20 to 34 of Directive 2011/95/EU for beneficiaries of subsidiary protection;
‘operating support’ means a part of a Member State’s allocation which may be used as support to the public authorities responsible for carrying out the tasks and providing the services which constitute a public service for the Union;
‘removal’ means removal as defined in point (5) of Article 3 of Directive 2008/115/EC;
‘resettlement’ means the admission following a referral from the UNHCR of third-country nationals or stateless persons from a third country to which they have been displaced, to the territory of the Member States, and who are granted international protection and have access to a durable solution in accordance with Union and national law;
‘return’ means return as defined in point (3) of Article 3 of Directive 2008/115/EC;
‘specific actions’ means transnational or national projects that bring Union added value in line with the objectives of the Fund for which one, several or all Member States may receive an additional allocation to their programmes;
‘third-country national’ means any person, including a stateless person or a person with undetermined nationality, who is not a citizen of the Union as defined in Article 20(1) TFEU;
‘unaccompanied minor’ means an unaccompanied minor as defined in point (l) of Article 2 of Directive 2011/95/EU;
‘Union actions’ means transnational projects or projects of particular interest to the Union implemented in accordance with the objectives of the Fund;
‘vulnerable person’ means any person defined as a vulnerable person under the Union law relevant to the policy area of action supported under the Fund.
Article 3
Objectives of the Fund
Within the policy objective set out in paragraph 1, the Fund shall contribute to the following specific objectives:
strengthening and developing all aspects of the Common European Asylum System, including its external dimension;
strengthening and developing legal migration to the Member States in accordance with their economic and social needs, and promoting and contributing to the effective integration and social inclusion of third-country nationals;
contributing to countering irregular migration, enhancing effective, safe and dignified return and readmission, and promoting and contributing to effective initial reintegration in third countries;
enhancing solidarity and fair sharing of responsibility between the Member States, in particular as regards those most affected by migration and asylum challenges, including through practical cooperation.
Article 4
Partnership
For the purposes of the Fund, partnerships shall, pursuant to Article 8(1) of Regulation (EU) 2021/1060, include regional, local, urban and other public authorities or associations representing such authorities, relevant international organisations, non-governmental organisations, such as refugee organisations and migrant-led organisations, as well as national human rights institutions and equality bodies, and economic and social partners.
Article 5
Scope of support
To address unforeseen or new circumstances, the Commission is empowered to adopt delegated acts in accordance with Article 37 to amend the list of actions in Annex III in order to add new actions.
As regards actions in and in relation to third countries, the Commission and the Member States, together with the European External Action Service, shall, in accordance with their respective responsibilities, ensure coordination with relevant Union policies, strategies and instruments. They shall, in particular, ensure that actions in and in relation to third countries:
are carried out in synergy and in coherence with other actions outside the Union supported through other Union instruments;
are coherent with external Union policy, respect the principle of policy coherence for development and are consistent with the strategic programming documents for the region or country in question;
focus on measures that are not development-oriented; and
serve the interests of internal Union policies and are consistent with activities undertaken within the Union.
Article 6
Gender equality and non-discrimination
Article 7
Third countries associated to the Fund
The specific agreement covering the participation of the third country in the Fund, shall at a minimum:
enable cooperation with the Member States and the Union institutions, bodies, offices and agencies in the area of asylum, migration and return in the spirit of the principle of solidarity and fair sharing of responsibility;
be underpinned, throughout the duration of the Fund, by the principles of non-refoulement, democracy, the rule of law and respect for human rights;
ensure a fair balance as regards the contributions made by, and the benefits received by, the third country participating in the Fund;
lay down the conditions of participation in the Fund, including the calculation of financial contributions to the Fund, and its administrative costs;
not confer on the third country any decision-making power in respect of the Fund;
guarantee the rights of the Union to ensure sound financial management and to protect its financial interests;
provide that the third country grants the necessary rights and access required for the authorising officer responsible, OLAF and the Court of Auditors in accordance with Article 8.
The contributions referred to in point (d) of the first subparagraph shall constitute assigned revenues in accordance with Article 21(5) of the Financial Regulation.
Article 8
Protection of the financial interests of the Union
Where a third country participates in the Fund by means of a decision adopted pursuant to an international agreement or on the basis of any other legal instrument, the third country shall grant the necessary rights and access required for the authorising officer responsible, OLAF and the Court of Auditors to comprehensively exercise their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, as provided for in Regulation (EU, Euratom) No 883/2013.
CHAPTER II
FINANCIAL AND IMPLEMENTATION FRAMEWORK
SECTION 1
Common provisions
Article 9
General principles
Article 10
Budget
The financial envelope shall be used as follows:
EUR 6 270 000 000 shall be allocated to the Member States’ programmes;
EUR 3 612 000 000 shall be allocated to the thematic facility referred to in Article 11.
Article 11
General provisions on the implementation of the thematic facility
Funding from the thematic facility shall be used for its components, which are as follows:
specific actions;
Union actions;
emergency assistance as referred to in Article 31;
resettlement and humanitarian admission;
support to Member States for the transfer of applicants for international protection or of beneficiaries of international protection as a part of solidarity efforts as referred to in Article 20; and
the European Migration Network as referred to in Article 26.
Technical assistance at the initiative of the Commission, as referred to in Article 35 of Regulation (EU) 2021/1060, shall also receive support from the amount referred to in point (b) of Article 10(2) of this Regulation.
The funding referred to in the first subparagraph of this paragraph, with the exception of funding used for emergency assistance in accordance with points (a) and (b) of the first subparagraph of Article 31(1), shall only support the actions listed in Annex III, including resettlement and humanitarian admission in accordance with Article 19 as part of the external dimension of the Union’s migration policy.
SECTION 2
Support and implementation under shared management
Article 12
Scope
Article 13
Budgetary resources
The amount referred to in point (a) of Article 10(2) shall be allocated to Member States’ programmes indicatively as follows:
EUR 5 225 000 000 in accordance with Annex I;
EUR 1 045 000 000 for the adjustment of the allocations to the Member States’ programmes referred to in Article 17(1).
Article 14
Pre-financing
In accordance with Article 90(4) of Regulation (EU) 2021/1060, the pre-financing for the Fund shall be paid in yearly instalments before 1 July of each year, subject to the availability of funds, as follows:
2021: 4 %;
2022: 3 %;
2023: 5 %;
2024: 5 %;
2025: 5 %;
2026: 5 %.
Article 15
Co-financing rates
The Commission decision approving a Member State’s programme shall set out for each type of action whether the co-financing rate is applied in respect of:
the total contribution, including the public and private contributions; or
the public contribution only.
Article 16
Member States’ programmes
Given the internal nature of the Fund, Member States’ programmes shall primarily serve internal Union policy in line with the specific objectives set out in Article 3(2) of this Regulation.
The Commission shall assess the Member States’ programmes in accordance with Article 23 of Regulation (EU) 2021/1060.
Within the resources allocated in Article 13(1), and without prejudice to paragraph 3 of this Article, each Member State shall allocate within its programme:
a minimum of 15 % of its allocated resources to the specific objective set out in point (a) of Article 3(2); and
a minimum of 15 % of its allocated resources to the specific objective set out in point (b) of Article 3(2).
The Commission may, where relevant, also draw on the expertise of decentralised agencies on specific issues falling within those agencies’ competencies.
Article 17
Mid-term review
Article 18
Specific actions
Article 19
Resources for resettlement and humanitarian admission
The amount referred to in paragraph 2 shall be increased to EUR 8 000 for each person admitted through humanitarian admission who belongs to one or more of the following vulnerable groups:
women and children at risk;
unaccompanied minors;
persons having medical needs that can be addressed only through humanitarian admission;
persons in need of humanitarian admission for legal or physical protection needs, including victims of violence or torture.
Article 20
Resources for the transfer of applicants for international protection or of beneficiaries of international protection
Article 21
Operating support
Article 22
Management verifications and audits of projects carried out by international organisations
In addition, where costs are to be reimbursed pursuant to point (a) of Article 53(1) of Regulation (EU) 2021/1060, the management declaration to be submitted by the international organisation shall confirm that:
invoices and proof of their payment by the beneficiary have been verified;
the accounting records or accounting codes maintained by the beneficiary for transactions linked to the expenditure declared to the managing authority have been verified.
Paragraph 2 shall not apply, and consequently a managing authority shall be required to carry out management verifications, where:
that managing authority identifies a specific risk of irregularity or an indication of fraud with respect to a project initiated or implemented by the international organisation;
the international organisation fails to submit to that managing authority the documents referred to in paragraphs 2 to 5 and 7;
the documents referred to in paragraphs 2 to 5 and 7 that have been submitted by the international organisation are incomplete.
SECTION 3
Support and implementation under direct or indirect management
Article 23
Scope
The Commission shall implement support under this Section either directly in accordance with point (a) of the first subparagraph of Article 62(1) of the Financial Regulation or indirectly in accordance with point (c) of that subparagraph.
Article 24
Eligible entities
The following entities are eligible for Union financing:
legal entities established in:
a Member State or an overseas country or territory linked to it;
a third country associated to the Fund pursuant to a specific agreement under Article 7, subject to it being covered by the work programme and conditions therein;
a third country listed in the work programme, under the conditions specified in paragraph 3;
legal entities created under Union law or any international organisation relevant for the purposes of the Fund.
Entities participating as part of a consortium as referred to in the first subparagraph of this paragraph shall ensure that the actions in which they participate comply with the principles enshrined in the Charter and contribute to the achievement of the objectives of the Fund.
Article 25
Union actions
Article 26
European Migration Network
Article 27
Blending operations
Blending operations decided under the Fund shall be carried out in accordance with Regulation (EU) 2021/523 and Title X of the Financial Regulation.
Article 28
Technical assistance at the initiative of the Commission
In accordance with Article 35 of Regulation (EU) 2021/1060, the Fund may support technical assistance implemented at the initiative of, or on behalf of, the Commission, at a financing rate of 100 %.
Article 29
Audits
Audits of the use of the Union contribution carried out by persons or entities, including by persons or entities other than those mandated by the Union institutions, bodies, offices or agencies, shall form the basis of the overall assurance pursuant to Article 127 of the Financial Regulation.
Article 30
Information, communication and publicity
Financial resources allocated to the Fund shall also contribute to the corporate communication of the political priorities of the Union, insofar as those priorities are related to the objectives of the Fund.
SECTION 4
Support and implementation under shared, direct or indirect management
Article 31
Emergency assistance
The Fund shall provide financial assistance to address urgent and specific needs in the event of duly justified emergency situations resulting from one or more of the following cases:
an exceptional migratory situation characterised by a large or disproportionate influx of third-country nationals into one or more Member States which places significant and urgent demands on those Member States’ reception and detention facilities, and on their asylum and migration management systems and procedures;
an event of a mass influx of displaced persons within the meaning of Council Directive 2001/55/EC ( 6 );
an exceptional migratory situation in a third country, including where persons in need of protection could be stranded due to political developments or conflicts, notably where it might have an impact on migration flows towards the Union.
In response to such duly justified emergency situations, the Commission may decide to provide emergency assistance, including for voluntary relocation, within the limits of available resources. In such cases, the Commission shall inform the European Parliament and the Council in a timely manner.
Article 32
Cumulative and alternative financing
In accordance with Article 73(4) of Regulation (EU) 2021/1060, the ERDF or the ESF+ may support actions attributed a Seal of Excellence label as defined in point (45) of Article 2 of that Regulation. In order to be attributed a Seal of Excellence label, the actions shall comply with the following cumulative conditions:
they have been assessed in a call for proposals under the Fund;
they comply with the minimum quality requirements of that call for proposals;
they cannot be financed under that call for proposals due to budgetary constraints.
SECTION 5
Monitoring, reporting and evaluation
Article 33
Monitoring and reporting
Article 34
Evaluation
By 31 December 2024, the Commission shall carry out a mid-term evaluation of this Regulation. In addition to what is provided for in Article 45(1) of the Regulation (EU) 2021/1060, the mid-term evaluation shall assess the following:
the effectiveness of the Fund, including the progress made towards the achievement of its objectives, taking into account all relevant information already available, in particular the annual performance reports referred to in Article 35 and the output and result indicators set out in Annex VIII;
the efficiency of the use of resources allocated to the Fund and the efficiency of the management and control measures put in place to implement it;
the continued relevance and appropriateness of the implementation measures listed in Annex II;
the coordination, coherence and complementarity between the actions supported under the Fund and support provided by other Union funds;
the Union added value of actions implemented under the Fund.
That mid-term evaluation shall take into account the results of the retrospective evaluation of the effects of the Asylum, Migration and Integration Fund for the 2014-2020 period.
Article 35
Annual performance reports
The reporting period shall cover the last accounting year as defined in point (29) of Article 2 of Regulation (EU) 2021/1060 preceding the year of submission of the report. The report submitted by 15 February 2023 shall cover the period from 1 January 2021.
The annual performance reports shall, in particular, set out information on:
the progress in the implementation of the Member State’s programme and in achieving the milestones and targets set out therein, taking into account the most recent data as required under Article 42 of Regulation (EU) 2021/1060;
any issues affecting the performance of the Member State’s programme and the action taken to address them, including information on any reasoned opinions delivered by the Commission in respect of infringement proceedings under Article 258 TFEU linked to the implementation of the Fund;
the complementarity between the actions supported under the Fund and the support provided by other Union funds, in particular those actions taken in or in relation to third countries;
contribution of the Member State’s programme to the implementation of the relevant Union acquis and action plans and to cooperation and solidarity between Member States;
the implementation of communication and visibility actions;
the fulfilment of the applicable enabling conditions and their application throughout the programming period, in particular compliance with fundamental rights;
the number of persons admitted through resettlement and humanitarian admission, by reference to the amounts set out in Article 19;
the number of applicants for international protection and of beneficiaries of international protection transferred from one Member State to another as referred to in Article 20;
the implementation of projects in or in relation to a third country.
The annual performance reports shall include a summary covering all the points set out in the first subparagraph of this paragraph. The Commission shall ensure that the summaries provided by Member States are translated into all official languages of the Union and made publicly available.
Article 36
Monitoring and reporting under shared management
CHAPTER III
TRANSITIONAL AND FINAL PROVISIONS
Article 37
Exercise of the delegation
Article 38
Committee procedure
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 39
Transitional provisions
Member States may continue after 1 January 2021 to support a project selected and started under Regulation (EU) No 516/2014, in accordance with Regulation (EU) No 514/2014, provided that all of the following conditions are met:
the project has two phases identifiable from a financial point of view with separate audit trails;
the total cost of the project exceeds EUR 500 000 ;
payments made by the responsible authority to beneficiaries for the first phase of the project shall be included in payment requests to the Commission under Regulation (EU) No 514/2014 and expenditure for the second phase of the project shall be included in payment applications under Regulation (EU) 2021/1060;
the second phase of the project complies with the applicable law and is eligible for support from the Fund under this Regulation and Regulation (EU) 2021/1060;
the Member State commits to complete the project, render it operational and report on it in the annual performance report submitted by 15 February 2024.
The provisions of this Regulation and of Regulation (EU) 2021/1060 shall apply to the second phase of a project as referred to in the first subparagraph of this paragraph.
This paragraph shall apply only to projects which have been selected under shared management pursuant to Regulation (EU) No 514/2014.
Article 40
Entry into force and application
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2021.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
ANNEX I
CRITERIA FOR THE ALLOCATION OF FUNDING TO THE MEMBER STATES’ PROGRAMMES
1. The budgetary resources available under Article 13 shall be broken down between the Member States as follows:
at the start of the programming period, each Member State shall receive a fixed amount of EUR 8 000 000 from the Fund, with the exception of Cyprus, Malta and Greece, which shall each receive a fixed amount of EUR 28 000 000 ;
the remaining budgetary resources referred to in Article 13 shall be distributed based on the following criteria:
2. The following criteria in the area of asylum shall be taken into account and shall be weighted as follows:
30 % in proportion to the number of persons who fall into one of the following categories:
60 % in proportion to the number of third-country nationals or stateless persons who have applied for international protection;
10 % in proportion to the number of third-country nationals or stateless persons who are being or have been resettled in a Member State.
3. The following criteria in the area of legal migration and integration shall be taken into account and shall be weighted as follows:
50 % in proportion to the total number of legally residing third-country nationals in a Member State;
50 % in proportion to the number of third-country nationals who have obtained a first residence permit; however, the following categories of persons shall not be included:
4. The following criteria in the area of countering irregular migration including returns shall be taken into account and shall be weighted as follows:
70 % in proportion to the number of third-country nationals who do not or no longer fulfil the conditions for entry and stay in the territory of the Member State and who are subject to a return decision under national law, i.e. an administrative or judicial decision or act, stating or declaring the illegality of stay and imposing an obligation to return;
30 % in proportion to the number of third-country nationals who have actually left the territory of the Member State following an administrative or judicial order to leave, whether undertaken voluntarily or under coercion.
5. For initial allocation the reference figures shall be based upon the annual statistical data produced by the Commission (Eurostat) covering the years 2017, 2018 and 2019 on the basis of data provided by Member States prior to the date of application of this Regulation in accordance with Union law. For the mid-term review, the reference figures shall be based upon the annual statistical data produced by the Commission (Eurostat) covering the years 2021, 2022 and 2023 on the basis of data provided by Member States in accordance with Union law. Where Member States have not supplied the Commission (Eurostat) with the statistical data concerned, they shall provide provisional data as soon as possible.
6. Before accepting the data referred to in paragraph 5 as reference figures, the Commission (Eurostat) shall evaluate the quality, comparability and completeness of the statistical information in accordance with normal operational procedures. At the request of the Commission (Eurostat), Member States shall provide it with all the necessary information to do so.
ANNEX II
IMPLEMENTATION MEASURES
1. The Fund shall contribute to the specific objective set out in point (a) of Article 3(2) by focusing on the following implementation measures:
ensuring the uniform application of the Union acquis and of the priorities related to the Common European Asylum System;
supporting the capacity of Member States’ asylum systems as regards infrastructures and services where necessary, including at local and regional level;
enhancing cooperation and partnership with third countries for the purpose of managing migration, including by enhancing their capacities to improve the protection of persons in need of international protection in the context of global cooperation efforts;
providing technical and operational assistance to one or several Member States, including in cooperation with EASO.
2. The Fund shall contribute to the specific objective set out in point (b) of Article 3(2) by focusing on the following implementation measures:
supporting the development and implementation of policies promoting legal migration and the implementation of the Union legal migration acquis, including family reunification and the enforcement of labour standards;
supporting measures to facilitate regular entry into and residence in the Union;
enhancing cooperation and partnership with third countries for the purpose of managing migration, including through legal avenues of entry to the Union, in the context of global cooperation efforts in the area of migration;
promoting integration measures for the social and economic inclusion of third-country nationals and protection measures for vulnerable persons in the context of integration measures, facilitating family reunification and preparing for the active participation of third-country nationals in, and their acceptance by, the receiving society, with the involvement of national and, in particular, regional or local authorities and civil society organisations, including refugee organisations and migrant-led organisations, and social partners.
3. The Fund shall contribute to the specific objective set out in point (c) of Article 3(2) by focusing on the following implementation measures:
ensuring the uniform application of the Union acquis and policy priorities regarding infrastructure, procedures and services;
supporting an integrated and coordinated approach to return management at the Union and Member State level, to the development of capacities for effective, dignified and sustainable return, and to reducing incentives for irregular migration;
supporting assisted voluntary return, family tracing and reintegration, while respecting the best interests of the child;
strengthening cooperation with third countries and their capacity, with respect to readmission and sustainable return.
4. The Fund shall contribute to the specific objective set out in point (d) of Article 3(2) by focusing on the following implementation measures:
enhancing solidarity and cooperation with third countries affected by migratory flows, including through resettlement in the Union and through other legal avenues to protection in the Union;
supporting transfers from one Member State to another of applicants for international protection or beneficiaries of international protection.
ANNEX III
SCOPE OF SUPPORT
1. Within the policy objective set out in Article 3(1), the Fund shall in particular support:
the establishment and development of national, regional and local strategies in relation to asylum, legal migration, integration, return and irregular migration in accordance with the relevant Union acquis;
the setting up of administrative structures, tools and systems, including ICT systems, and the training of staff, including the staff of local authorities and of other relevant stakeholders, in cooperation with relevant decentralised agencies, where appropriate;
the establishment of contact points at the national, regional and local levels to provide impartial guidance, practical information and assistance regarding all aspects of the Fund to potential beneficiaries and eligible entities;
the development, monitoring and evaluation of policies and procedures, including the collection, exchange and analysis of information and data; the dissemination of qualitative and quantitative data and statistics on migration and international protection; and the development and application of common statistical tools, methods and indicators for measuring progress and assessing policy developments;
the exchange of information, best practices and strategies; mutual learning, studies and research; the development and implementation of joint actions and operations; and the setting-up of transnational cooperation networks;
assistance and support services provided in a gender-sensitive manner that are consistent with the status and the needs of the person concerned, in particular vulnerable persons;
actions aimed at the effective protection of children in migration, including the implementation of assessments of the best interests of the child, the strengthening of guardianship systems, as well as the development, monitoring and evaluation of child safeguarding policies and procedures;
actions aimed at enhancing awareness among stakeholders and the general public of policies relating to asylum, integration, legal migration and return, with specific attention to vulnerable persons, including minors.
2. Within the specific objective set out in point (a) of Article 3(2), the Fund shall in particular support:
the provision of material aid, including assistance at the border;
the conducting of asylum procedures in accordance with the asylum acquis, including the provision of support services such as translation and interpretation, legal assistance, family tracing and other services which are consistent with the status of the person concerned;
the identification of applicants with special procedural or reception needs, including the early identification of victims of trafficking, with a view to their referral to specialised services such as psycho-social and rehabilitation services;
the provision of specialised services such as qualified psycho-social and rehabilitation services to applicants with special procedural or reception needs;
the establishment or improvement of reception accommodation infrastructure, such as small scale infrastructure addressing the needs of families with minors, including those provided by local and regional authorities and including the possible joint use of such facilities by more than one Member State;
the enhancement of the capacity of Member States to collect, analyse and share among their competent authorities country of origin information;
actions related to Union resettlement programmes or national resettlement and humanitarian admission schemes, including the conducting of procedures for their implementation;
the enhancement of the capacities of third countries to improve the protection of persons in need of protection, including through supporting the development of protection systems for children in migration;
the establishment, development and improvement of effective alternatives to detention, in particular in relation to unaccompanied minors and families, and including, where appropriate, non-institutionalised care integrated into national child protection systems.
3. Within the specific objective set out in point (b) of Article 3(2), the Fund shall in particular support:
information packages and campaigns to raise awareness of legal migration channels to the Union, including on the Union legal migration acquis;
the development of mobility schemes to the Union, such as circular or temporary migration schemes, including training to enhance employability;
cooperation between third countries and the recruitment agencies, the employment services and the immigration services of Member States;
the assessment and recognition of skills and qualifications, including professional experience, acquired in a third country, as well as their transparency, and their equivalence with those of a Member State;
assistance in the context of applications for family reunification to ensure a harmonised implementation of Council Directive 2003/86/EC ( 12 );
assistance, including legal assistance and representation, in relation to a change of status for third-country nationals already legally residing in a Member State, in particular in relation to the acquisition of a legal residence status as defined at Union level;
assistance to third-country nationals seeking to exercise their rights, in particular related to mobility, under Union legal migration instruments;
integration measures, such as tailored support in accordance with the needs of third-country nationals, and integration programmes focusing on counselling, education, language and other training, such as civic orientation courses and professional guidance;
actions promoting equality in access to public and private services by third-country nationals and the provision of such services to third-country nationals, including access to education, healthcare and psycho-social support and adapting such services to the needs of the target group;
cooperation between governmental and non-governmental bodies in an integrated manner, including through coordinated integration-support centres, such as one-stop shops;
actions enabling and supporting the introduction of third-country nationals to, and their active participation in, the receiving society and actions promoting acceptance by the receiving society;
promoting exchanges and dialogue between third-country nationals, the receiving society and public authorities, including through consultation with third-country nationals, and intercultural and inter-religious dialogue;
building the capacity of integration services provided by local authorities and other relevant stakeholders.
4. Within the specific objective set out in point (c) of Article 3(2), the Fund shall in particular support:
the establishment or improvement of open reception or detention infrastructure, including the possible joint use of such facilities by more than one Member State;
the introduction, development, implementation and improvement of effective alternative measures to detention, including community-based case management, in particular in relation to unaccompanied minors and families;
the introduction and reinforcement of independent and effective forced-return monitoring systems, as laid down in Article 8(6) of Directive 2008/115/EC;
the countering of incentives for irregular migration, including the employment of irregular migrants, through effective and adequate inspections based on risk assessment, the training of staff, the setting-up and implementation of mechanisms through which irregular migrants can claim back payments and lodge complaints against their employers, and information and awareness-raising campaigns to inform employers and irregular migrants about their rights and obligations pursuant to Directive 2009/52/EC;
the preparation of returns, including measures leading to the issuing of return decisions, the identification of third-country nationals, the issuing of travel documents and family tracing;
cooperation with the consular authorities and immigration services or other relevant authorities and services of third countries with a view to obtaining travel documents, facilitating returns and ensuring readmission, including through the deployment of third-country liaison officers;
return assistance, in particular assisted voluntary return and information about assisted voluntary return programmes, including by providing specific guidance for children in return procedures;
removal operations, including related measures, in accordance with the standards laid down in Union law, with the exception of support for coercive equipment;
measures to support the returnee’s sustainable return and reintegration, including cash-incentives, training, placement and employment assistance and start-up support for economic activities;
facilities and support services in third countries to ensure appropriate temporary accommodation and reception upon arrival and, where appropriate, a fast transition to community-based accommodation;
cooperation with third countries regarding countering irregular migration and regarding effective return and readmission;
measures aimed at raising awareness of the appropriate legal channels for migration and the risks of irregular immigration;
assistance and actions in third countries which help to improve effective cooperation between third countries and the Union and its Member States regarding return and readmission and to support reintegration into the society of origin.
5. Within the specific objective set out in point (d) of Article 3(2), the Fund shall in particular support:
the implementation of voluntary transfers from one Member State to another of either applicants for international protection or beneficiaries of international protection;
operational support in terms of seconded staff or financial assistance provided by a Member State to another Member State affected by migration challenges, including support provided to EASO;
the voluntary implementation of national resettlement or humanitarian admission schemes;
support by a Member State to another Member State affected by migration challenges in terms of establishment or improvement of reception infrastructure.
ANNEX IV
ACTIONS ELIGIBLE FOR HIGHER CO-FINANCING RATES IN ACCORDANCE WITH ARTICLES 15(3) AND 16(9)
ANNEX V
CORE PERFORMANCE INDICATORS AS REFERRED TO IN ARTICLE 33(1)
All indicators related to persons shall be reported by age brackets (< 18, 18-60, > 60) and by gender.
Specific objective set out in point (a) of Article 3(2)
1. Number of participants who consider the training useful for their work.
2. Number of participants who report three months after the training activity that they are using the skills and competences acquired during the training.
3. Number of persons placed in alternatives to detention, separately specifying:
the number of unaccompanied minors placed in alternatives to detention;
the number of families placed in alternatives to detention.
Specific objective set out in point (b) of article 3(2)
1. Number of participants in language courses who, upon leaving the language course, have improved their proficiency level in the host-country language by at least one level in the Common European Framework of Reference for Languages or national equivalent.
2. Number of participants who report that the activity was helpful for their integration.
3. Number of participants who applied for the recognition or assessment of qualifications or skills acquired in a third country.
4. Number of participants who applied for a long-term residence status.
Specific objective set out in point (c) of Article 3(2)
1. Number of returnees voluntarily returned.
2. Number of returnees who were removed.
3. Number of returnees subject to alternatives to detention.
Specific objective set out in point (d) of Article 3(2)
1. Number of applicants for and beneficiaries of international protection transferred from one Member State to another.
2. Number of persons resettled.
3. Number of persons admitted through humanitarian admission.
ANNEX VI
TYPES OF INTERVENTION
TABLE 1: CODES FOR THE INTERVENTION FIELD DIMENSION
I. Common European Asylum System |
|
001 |
Reception conditions |
002 |
Asylum procedures |
003 |
Implementation of the Union acquis |
004 |
Children in migration |
005 |
Persons with special reception and procedural needs |
006 |
Union resettlement programmes or national resettlement and humanitarian admission schemes (Annex III, point 2(g)) |
007 |
Operating support |
II. Legal migration and integration |
|
001 |
Development of integration strategies |
002 |
Victims of trafficking in human beings |
003 |
Integration measures – information and orientation, one-stop shops |
004 |
Integration measures – language training |
005 |
Integration measures – civics and other training |
006 |
Integration measures – introduction, participation, exchanges host society |
007 |
Integration measures – basic needs |
008 |
Pre-departure measures |
009 |
Mobility schemes |
010 |
Acquisition of legal residence |
011 |
Vulnerable persons, including unaccompanied minors |
012 |
Operating support |
III. Return |
|
001 |
Alternatives to detention |
002 |
Reception/detention conditions |
003 |
Return procedures |
004 |
Assisted voluntary return |
005 |
Reintegration assistance |
006 |
Removal/Return operations |
007 |
Forced-return monitoring system |
008 |
Vulnerable persons, including unaccompanied minors |
009 |
Measures addressing incentives for irregular migration |
010 |
Operating support |
IV. Solidarity and fair sharing of responsibility |
|
001 |
Transfers to another Member State (‘relocation’) |
002 |
Support by a Member State to another Member State, including support provided to EASO |
003 |
Resettlement (Article 19) |
004 |
Humanitarian admission (Article 19) |
005 |
Support, in terms of reception infrastructure, to another Member State |
006 |
Operating support |
V. Technical assistance |
|
001 |
Information and communication |
002 |
Preparation, implementation, monitoring and control |
003 |
Evaluation and studies, data collection |
004 |
Capacity building |
TABLE 2: CODES FOR THE TYPE OF ACTION DIMENSION
001 |
Development of national strategies |
002 |
Capacity building |
003 |
Education and training for third-country nationals |
004 |
Development of statistical tools, methods and indicators |
005 |
Exchange of information and best practices |
006 |
Joint actions/operations between Member States |
007 |
Campaigns and information |
008 |
Exchange and secondment of experts |
009 |
Studies, pilot projects, risk assessments |
010 |
Preparatory, monitoring, administrative and technical activities |
011 |
Provision of assistance and support services to third-country nationals |
012 |
Infrastructure |
013 |
Equipment |
TABLE 3: CODES FOR THE IMPLEMENTATION DIMENSION
001 |
Actions covered by Article 15(1) |
002 |
Specific actions |
003 |
Actions listed in Annex IV |
004 |
Operating support |
005 |
Emergency assistance |
TABLE 4: CODES FOR THE PARTICULAR THEMES DIMENSION
001 |
Cooperation with third countries |
002 |
Actions in or in relation to third countries |
003 |
None of the above |
ANNEX VII
EXPENDITURE ELIGIBLE FOR OPERATING SUPPORT
Within all specific objectives set out in Article 3(2), operating support shall cover:
ANNEX VIII
OUTPUT AND RESULT INDICATORS AS REFERRED TO IN ARTICLE 33(3)
All indicators relating to persons shall be reported by age brackets (< 18, 18-60, > 60) and by gender.
Specific objective set out in point (a) of Article 3(2)
Output indicators
1. Number of participants supported, separately specifying:
the number of participants who received legal assistance;
the number of participants benefiting from types of support other than legal assistance, including information and assistance throughout the asylum procedure ( 13 );
the number of vulnerable participants assisted.
2. Number of participants in training activities.
3. Number of newly created places in reception infrastructure in accordance with Union acquis, separately specifying:
the number of newly created places for unaccompanied minors.
4. Number of renovated or refurbished places in reception infrastructure in accordance with Union acquis, separately specifying:
the number of renovated or refurbished places for unaccompanied minors.
Result indicators
5. Number of participants who consider the training useful for their work.
6. Number of participants who report three months after the training activity that they are using the skills and competences acquired during the training.
7. Number of persons placed in alternatives to detention, separately specifying:
the number of unaccompanied minors placed in alternatives to detention;
the number of families placed in alternatives to detention.
Specific objective set out in point (b) of Article 3(2)
Output indicators
1. Number of participants in pre-departure measures.
2. Number of local and regional authorities supported to implement integration measures.
3. Number of participants supported, separately specifying:
the number of participants in a language course;
the number of participants in a civic orientation course;
the number of participants who received personalised professional guidance.
4. Number of information packages and campaigns to raise awareness of legal migration channels to the Union.
5. Number of participants receiving information or assistance in applying for family reunification.
6. Number of participants benefitting from mobility schemes.
7. Number of integration projects where local and regional authorities are the beneficiary.
Result indicators
8. Number of participants in language courses who, upon leaving the language course, have improved their proficiency level in the host-country language by at least one level in the Common European Framework of Reference for Languages or national equivalent.
9. Number of participants who report that the activity was helpful for their integration.
10. Number of participants who applied for their qualification or skills acquired in a third country to be recognised or assessed.
11. Number of participants who applied for a long-term residence status.
Specific objective set out in point (c) of Article 3(2)
Output indicators
1. Number of participants in training activities.
2. Number of items of equipment purchased, including number of ICT systems purchased or updated.
3. Number of returnees who received reintegration assistance.
4. Number of places in detention centres created.
5. Number of places in detention centres refurbished or renovated.
Result indicators
6. Number of returnees voluntarily returned.
7. Number of returnees who were removed.
8. Number of returnees subject to alternatives to detention.
Specific objective set out in point (d) of Article 3(2)
Output indicators
1. Number of staff trained.
2. Number of participants who received pre-departure support.
Result indicators
3. Number of applicants for and beneficiaries of international protection transferred from one Member State to another.
4. Number of persons resettled.
5. Number of persons admitted through humanitarian admission.
( 1 ) Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).
( 2 ) Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
( 3 ) Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).
( 4 ) Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).
( 5 ) Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, p. 1).
( 6 ) Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).
( 7 ) Regulation (EU) 2021/1148 of the European Parliament and of the Council of 7 July 2021 establishing, as part of the Integrated Border Management Fund, the Instrument for Financial Support for Border Management and Visa Policy (see page 48 of this Official Journal).
( 8 ) Data to be taken into account only in case of the activation of Directive 2001/55/EC.
( 9 ) Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (OJ L 375, 23.12.2004, p. 12).
( 10 ) Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21).
( 11 ) Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (OJ L 289, 3.11.2005, p. 15).
( 12 ) Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 12).
( 13 ) This indicator is generated automatically for reporting purposes by the system by subtracting the number of participants who received legal assistance from the number of participants supported. The data for this indicator is generated by SFC2021 for reporting purposes. Member States do not need to report data for this indicator, nor do they need to set milestones or targets.