### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for consumers to access information related to sales of goods and the provision of services within the internal market and to increase transparency , including with respect to prices , traders and online marketplaces should not , through the use of technological measures or otherwise , prevent consumers from having full and equal access to online interfaces on the basis of their nationality , place of residence or temporary location . full and equal access to online interfaces in the form of a mobile application includes the possibility for the consumer to download and access any version of the mobile application a trader may operate in one or more member states . technological measures that prevent such access can encompass , in particular , any technologies used to determine the physical location of the consumer , including the tracking of that location by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with a consumer .


### since the objective of this regulation , namely the prevention of direct and indirect discrimination based on nationality , place of residence or place of establishment of customers , including geo - blocking , in commercial transactions with traders within the union , cannot be sufficiently achieved by member states , due to the cross - border nature of the problem and the insufficient clarity of the existing legal framework , but can rather , by reason of its scale and potential effect on trade in the internal market be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objective of this regulation , namely the prevention of direct and indirect discrimination based on country of origin or place of residence of consumers , including geo - blocking , in commercial transactions with traders within the union , cannot be sufficiently achieved by member states , due to the cross - border nature of the problem and the insufficient clarity of the existing legal framework , but can rather , by reason of its scale and potential effect on trade in the internal market be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective .


### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market . ### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their country of origin or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on country of origin or place of residence may arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive , but which need to be tackled . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market .


### in all those situations , by virtue of the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 and 1215 / 2012 , where a trader does not pursue his activities in the member state of the consumer or does not direct his activities there , or where the customer is not a consumer , compliance with this regulation does not imply any additional costs for the trader associated with jurisdiction or differences in applicable law . where , in contrast , a trader does pursue his activities in the consumer ' s member state or does direct his activities there , the trader has manifested its intention to establish commercial relations with consumers from that member state and thus been able to take account of any such costs . ### in all those situations , by virtue of the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 and 1215 / 2012 , where a trader does not pursue his activities in the member state of the consumer or does not direct his activities there , compliance with this regulation does not imply any additional obligation for the trader associated with jurisdiction or differences in applicable law .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions of payment for any sales of goods or provision of services , where : ### traders shall not , for reasons related to the place of origin or place of residence of the consumer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions of payment for any sales of goods or provision of services , where :


### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . __________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market . ### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty . moreover , geo - blocking and other forms of discrimination based on nationality or place of residence can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . __________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market .


### in certain cases , blocking , limiting of access or redirection without the customer ' s consent to an alternative version of an online interface for reasons related to the customer ' s nationality , place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . such laws can limit customers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and thus be able to block , limit the access or redirect certain customers or customers in certain territories to an online interface , insofar as that is necessary for that reason . ### in certain cases , blocking or limiting of access , or redirection without the consumer ' s consent to an alternative version of an online interface for reasons related to the consumer ' s nationality , place of residence or temporary location might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of a member state in accordance with union law . such laws can limit consumers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and should thus be able to block or limit access by , or redirect , certain consumers , in so far as may be necessary for that reason .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the objective of ensuring good functioning of the internal market , as an area where most barriers to trade have been removed and in which the free movement of , inter alia , people , goods and services is ensured , and in order to achieve the objectives set out in the digital market strategy , it is not sufficient to abolish , as between member states , only administrative red - tape . such abolition can be undermined by certain private parties putting in place obstacles that are inconsistent with the principles and freedoms of the internal market . that occurs where traders operating in one member state , in exceptional situations , unjustly block or limit the access to their online interfaces , such as websites and apps , of consumers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different restrictive general conditions of access to their goods and services with respect to such consumers from other member states , both online and offline . this practice undermines the core purpose of the internal market , lowers consumers ' options and the level of competition .


### in order to achieve the objective of effectively addressing direct and indirect discrimination based on the nationality , place of residence or place of establishment of customers , it is appropriate to adopt a regulation , which directly applies in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entering into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rules . ### in order to achieve the objective of effectively addressing direct and indirect discrimination based on the country of origin or place of residence of consumers , it is appropriate to adopt a regulation , which directly applies in all member states . this is necessary in order to guarantee the uniform application of the non - discrimination rules across the union and their entering into force at the same time . only a regulation ensures the degree of clarity , uniformity and legal certainty which is necessary in order to enable consumers to fully benefit from those rules .


### this regulation seeks to contribute to the proper functioning of the internal market by preventing discrimination based , directly or indirectly , on the nationality , place of residence or place of establishment of customers . ### the purpose of this regulation is to contribute to the proper functioning of the internal market by preventing unjustified discrimination based , directly or indirectly , on the nationality or place of residence of consumers and by defining situations where different treatment cannot be justified under article 20 of directive 2006 / 123 / ec .


### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods . ### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods . it should be underlined that delivery services with transparent prices should be available to as many consumers as possible , especially consumers in remote areas .


### in the event of such redirection with the customer ' s explicit consent , the original version of the online interface shall remain easily accessible for that customer . ### in the event of such redirection with the consumer ' s explicit consent , the version of the online interface which the consumer initially sought to access , shall remain easily accessible for that consumer .


### the prohibition set out in paragraph 1 shall not preclude traders ' possibility to request charges for the use of a card - based payment instrument for which interchanges fees are not regulated under chapter ii of regulation 2015 / 751 and for those payment services to which regulation no 260 / 2012 does not apply . those charges shall not exceed the costs borne by the trader for the use of the payment instrument . ### the prohibition set out in paragraph 1 shall not preclude a trader from charging for the use of a card - based payment instrument for which interchange fees are not regulated under chapter ii of regulation 2015 / 751 or for payment services to which regulation no 260 / 2012 does not apply , unless the member state in which the trader is established has prohibited or limited such charges pursuant to article 62 of directive 2015 / 2366 . those charges shall not exceed the direct costs borne by the trader for the use of the payment instrument .


### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods . ### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the consumer resides . in that situation the consumer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar consumers who are residents of the member state of the trader . that may mean that a consumer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , in accordance with directive 2006 / 112 / ec , there is no need to register for value added tax in the member state of the consumer .


### this regulation should not affect acts of union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , the mere fact that a trader acts in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state for the purpose of such application . __________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . ### this regulation should not affect acts of union law concerning international private law and , in particular , judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , the mere fact that a trader acts in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state for the purpose of such application . __________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters .


### for the purposes of this regulation , the definitions set out in article 7 of implementing regulation no 282 / 2011 , article 2 , and of regulation 2015 / 751 of the european parliament and council32 and article 4 , , , , , , and of directive 2015 / 2366 shall apply . __________________ 32 regulation 2015 / 751 of the european parliament and of the council of 29 april 2015 on interchange fees for card - based payment transactions . ### for the purposes of this regulation , the definition of the term ' electronically supplied services ' set out in article 7 of implementing regulation no 282 / 2011 , the definitions of the terms ' interchange fee ' , ' card - based payment instrument ' , ' payment brand ' , ' debit card ' , ' credit card ' and ' prepaid card ' respectively set out in article 2 , and , , and of regulation 2015 / 751 and the definitions of the terms ' payment transaction ' , ' payer ' , ' payment service provider ' , ' payment account ' , ' payment instrument ' , ' direct debit ' , ' credit transfer ' and ' strong customer authentication ' respectively set out in article 4 , , , , , , and of directive 2015 / 2366 shall apply .


### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate , in particular , on the possible extension of the prohibition of article 4 to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , provided that the trader has the requisite rights for the relevant territories . ### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate on an analysis of situations in which differences in treatment cannot be justified under directive 2006 / 123 / ec , in particular , on the possible extension of the application of article 4 to electronically supplied services and intangible goods , the main feature of which is the provision of access to and use of audio - visual copyright protected works and services or other protected subject matter , in respect of which the trader has the rights or has acquired the licences to use such content for all relevant territories , pending a comprehensive review of the legislation affecting those services , with a view to its possible extension to other cases , as well as the development of consumer prices and purchasing power in the single market following this regulation . it should moreover take into account the legal and technological developments in member states with regard to the reform of copyright , the audiovisual services ' sector and the provision of cross - border portability of online content services for subscribers who are temporarily not present in their member state of residence . this first evaluation should also consider the possible extension of the scope of this regulation to financial services , transport services or healthcare services . audio - visual service providers should in future cooperate in the evaluation in order to assess whether the inclusion of those services within the scope of this regulation would lead to the evolution of business models which are more efficient than those currently used .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in commercial transactions between traders and customers relating to the sales of goods and the provision of services within the internal market . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued .


### each member state shall receive a fixed amount of eur 5 000 000 from the fund at the start of the programming period only ; ### each member state shall receive a fixed amount of eur 10 000 000 from the fund at the start of the programming period only ;


### the thematic facility shall in particular , support actions falling under the implementation measure 2 of annex ii that are implemented by the local and regional authorities or civil society organisations . ### the thematic facility shall in particular , support actions falling under the implementation measure 3 of annex ii that are implemented by the local and regional authorities or civil society organisations . in that regard , a minimum of 2% of the financial envelope of the thematic facility shall be granted under direct or indirect management to local and regional authorities implementing integration actions .


### the commission may associate the european union agency for asylum and european border and coast guard agency in monitoring and evaluation tasks as referred to in section 5 where appropriate in particular in view of ensuring that the actions implemented with the support of the fund are compliant with the relevant union acquis and agreed union priorities . ### the commission may associate the european union agency for asylum , the european border and coast guard agency and the european union agency for fundamental rights in monitoring and evaluation tasks as referred to in section 5 where appropriate in particular in view of ensuring that the actions implemented with the support of the fund are compliant with the relevant union acquis and agreed union priorities .


### each member state shall ensure that the priorities addressed in its programme are consistent with , and respond to , the union priorities and challenges in the area of migration management and are fully in line with the relevant union acquis and agreed union priorities . in defining the priorities of their programmes member states shall ensure that the implementation measures set out in annex ii are adequately addressed . ### each member state shall ensure that the priorities addressed in its programme are consistent with , and respond to , the union priorities and challenges in the area of asylum and migration management , are fully in line with the relevant union acquis and agreed union priorities , and fully respect the un convention on the rights of the child . in defining the priorities of their programmes member states shall ensure that the implementation measures set out in annex ii are adequately addressed . in that regard , member states shall allocate a minimum of 20% of their allocated funding to the specific objective referred to in point of the first subparagraph of article 3 . member states shall allocate a minimum of 20% of their allocated funding to the specific objectives referred to in points and of the first subparagraph of article 3 . member states shall allocate a minimum of 10% of their allocated funding to the specific objective referred to in point of the first subparagraph of article 3 .


### assistance and support services consistent with the status and the needs of the person concerned , in particular the vulnerable groups ; ### assistance and support services consistent with the status and the needs of the person concerned , in particular vulnerable persons ;


### an efficient return policy is an integral part of the comprehensive migration approach the union and its member states pursue . the fund should support and encourage efforts by the member states with a view to the effective implementation and further development of common standards on return , in particular as set out in directive 2008 / 115 / ec of the european parliament and of the council15 , and of an integrated and coordinated approach to return management . for sustainable return policies , the fund should equally support related measures in third countries , such as the reintegration of returnees . __________________ 15 directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals . ### an efficient return policy is an integral part of the comprehensive migration approach the union and its member states pursue . the fund should support and encourage efforts by the member states with a view to the effective implementation and further development of common standards on return , with an emphasis on voluntary returns , in particular as set out in directive 2008 / 115 / ec of the european parliament and of the council15 , and of an integrated and coordinated approach to return management . the fund should equally support related measures in third countries to facilitate and guarantee safe and dignified return and readmission as well as sustainable reintegration , as enshrined in the gcm . __________________ 15 directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals .


### the commission shall ensure that the european union agency for asylum and the european border and coast guard agency are associated to the process of developing the programmes at an early stage , as regards the areas of their competence . the commission shall consult the european border and coast guard agency and the european union agency for asylum on the draft programmes to ensure consistency and complementarity of the actions of the agencies and those of the member states . ### the commission shall ensure that the european union agency for asylum , the european border and coast guard agency and the european union agency for fundamental rights are associated to the process of developing the programmes at an early stage , as regards the areas of their competence . the commission shall consult the european border and coast guard agency , the european union agency for asylum and the european union agency for fundamental rights on the draft programmes to ensure consistency and complementarity of the actions of the agencies and those of the member states .


### supporting an integrated and coordinated approach to return management at the union and member states’ level , to the development of capacities for effective and sustainable return and reducing incentives for irregular migration ; ### supporting an integrated and coordinated approach to return management at the union and member states’ level , to the development of capacities for effective , dignified and sustainable return and reducing incentives for irregular migration ;


### the assessment of skills and qualifications acquired in a third country , as well as their transparency and compatibility with those of a member state ; ### the assessment of skills and qualifications acquired in a third country , as well as their transparency and compatibility with those of a member state and the development of common evaluation standards ;


### proposal for a regulation of the european parliament and of the council establishing the asylum and migration fund ### proposal for a regulation of the european parliament and of the council establishing the asylum , migration and integration fund


### the fund shall be open to third countries in accordance with the conditions laid down in a specific agreement covering the participation of the third country to the asylum and migration fund , provided that the agreement : ### the fund shall be open to neighbouring third countries in accordance with the conditions laid down in a specific agreement , to be adopted in accordance with article 218 of the treaty on the functioning of the european union , covering the participation of the third country to the fund , provided that the agreement :


### regulation … / 2021 [ common provisions regulation ] establishes the framework for action for erdf , esf + , the cohesion fund , the european maritime and fisheries fund , the asylum and migration fund , the internal security fund and the border management and visa instrument as a part of the integrated border management fund , and lays down , in particular , the rules concerning programming , monitoring and evaluation , management and control for union funds implemented under shared management . it is therefore necessary to specify the objectives of amf , and to lay down specific provisions concerning the type of activities that may be financed by amf . ### regulation … / 2021 [ common provisions regulation ] establishes the framework for action for erdf , esf + , the cohesion fund , the european maritime and fisheries fund , the asylum , migration and integration fund , the internal security fund and the border management and visa instrument as a part of the integrated border management fund , and lays down , in particular , the rules concerning programming , monitoring and evaluation , management and control for union funds implemented under shared management . it is therefore necessary to specify the objectives of amif , and to lay down specific provisions concerning the type of activities that may be financed by amif .


### this regulation establishes the asylum and migration fund . ### this regulation establishes the asylum , migration and integration fund .


### the delegation of powers referred to in articles 13 , 18 , 28 and 31 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of powers referred to in articles 9 , 13 , 18 , 28 and 31 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### development of mobility schemes to the union , such as circular or temporary migration schemes , including training to enhance employability ; ### development of mobility schemes to the union , such as circular or temporary migration schemes , including vocational and other training to enhance employability ;


### a member state referred to in paragraphs 1 and 2 shall receive an additional contribution of eur [ 10 000 ] per applicant who has been granted international protection for the implementation of integration measures . ### in addition to their allocation calculated in accordance with article 11 , the determining member state that becomes responsible in line with article 9 of regulation . . / . . . [ the dublin regulation ] shall receive the costs of reception of each applicant until a final decision is taken on the application in line with regulation . . / . . . [ the asylum procedures regulation ] in accordance with article 8a of regulation . . / . . . [ the dublin regulation ] .


### facilities and services in third countries ensuring appropriate temporary accommodation and reception upon arrival , including for unaccompanied minors and other vulnerable groups in line with international standards ; ### facilities and services in third countries ensuring appropriate temporary accommodation and reception upon arrival ; alternative forms of care should be provided for unaccompanied children and other vulnerable groups in line with international standards , as well as integrated into existing national child protection systems ;


### within the objectives referred to in article 3 , and in line with the implementation measures listed in annex ii , the fund shall in particular support the actions listed in annex iii . ### within the objectives referred to in article 3 , and in line with the implementation measures listed in annex ii , the fund shall support the actions listed in annex iii .


### a delegated act adopted pursuant to articles 13 , 18 , 28 and 31 shall enter into force only if neither the european parliament nor the council has expressed an objection within two months of being notified of it or if , before the expiry of that period , they have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to articles 9 , 13 , 18 , 28 and 31 shall enter into force only if neither the european parliament nor the council has expressed an objection within two months of being notified of it or if , before the expiry of that period , they have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council .


### –actions to develop and implement effective alternatives to detention ; ### –actions to develop and implement effective alternatives to detention and institutional care ;


### supporting assisted voluntary return and reintegration ; ### supporting assisted voluntary return , family tracing and reintegration , while respecting the best interests of minors ;


### whenever a member state decides to implement projects with or in a third country with the support of the fund , the member state concerned shall consult the commission prior to the start of the project . ### without prejudice to the third subparagraph of article 4 , whenever a member state decides to implement projects with or in a third country with the support of the fund , the member state concerned shall consult the commission prior to the start of the project .


### to support legal migration to the member states including to contribute to the integration of third - country nationals ; ### to support the creation of safe and legal pathways to the member states including to contribute to the integration of third - country nationals , including asylum seekers and beneficiaries of international protection , and the strengthening of the protection of human rights of migrants ;


### the mid - term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision - making process . ### by 31 january 2028 , the commission shall carry out a retrospective evaluation . by the same date , the commission shall submit an evaluation report to the european parliament and to the council . the mid - term and retrospective evaluation reports referred to in the first paragraph and the first subparagraph of this paragraph shall be made public and presented to the european parliament , and accompanied , where deemed necessary by the commission , by legislative proposals amending this regulation or its successor .


### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , supporting integration strategies and a more effective legal migration policy , so as to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries . ### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , enhancing the protection of vulnerable asylum seekers such as children , supporting integration strategies and a more effective legal migration policy , creating safe and legal pathways to the union which should also help to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . as an instrument of internal union policy and the only funding instrument for asylum and migration at union level , the fund should primarily support actions on asylum and migration within the union . however , within defined limits and subject to the appropriate safeguards , the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , to establish avenues on legal migration and to counter irregular migration and ensure the sustainability of safe and dignified return to as well as reintegration in third countries .


### readmission agreements and other arrangements are an integral component of the union return policy and a central tool for the efficient management of migration flows , as they facilitate the swift return of irregular migrants . those agreements and arrangements are an important element in the framework of the dialogue and cooperation with third countries of origin and transit of irregular migrants and their implementation in third countries should be supported in the interests of effective return policies at national and union level . ### readmission agreements and other arrangements are an integral component of the union return policy and a central tool for the efficient management of migration flows , as they facilitate the swift return of irregular migrants . those agreements and arrangements are an important element in the framework of the dialogue and cooperation with third countries of origin and transit of irregular migrants and the fund should support their implementation in third countries in the interests of effective return policies within defined limits and subject to the appropriate safeguards .


### enhancing capacities of third countries to improve the protection of persons in need of protection ; ### enhancing capacities of third countries to improve the protection of persons in need of protection , including through supporting the development of child protection mechanisms in third countries , by promoting new initiatives to build stronger child protection systems , ensuring that children are protected in all areas from violence , abuses and neglect ;


### the fund should support member states in setting up strategies organising legal migration , enhancing their capacity to develop , implement , monitor and evaluate in general all immigration and integration strategies , policies and measures for legally staying third - country nationals , including union legal instruments . the fund should also support the exchange of information , best practices and cooperation between different departments of administration and levels of governance , and between member states . ### the fund should support member states in setting up strategies organising legal migration , enhancing their capacity to develop , implement , monitor and evaluate in general all immigration and integration strategies , policies and measures for legally staying third - country nationals , in particular union instruments for legal migration . the fund should also support the exchange of information , best practices and cooperation between different departments of administration and levels of governance , and between member states .


### in order to increase efficiency , achieve the greatest union added value and to ensure the consistency of the union’s response to foster the integration of third - country nationals , actions financed under the fund should be specific and complementary to actions financed under the european social fund plus and the european regional development fund . measures financed under this fund should support measures tailor - made to the needs of third - country nationals that are generally implemented in the early stage of integration , and horizontal actions supporting member states’ capacities in the field of integration , whereas interventions for third - country nationals with a longer - term impact should be financed under the erdf and esf + . ### in order to increase efficiency , achieve the greatest union added value and to ensure the consistency of the union’s response to foster the integration of third - country nationals , actions financed under the fund should be specific and complementary to actions financed under the european social fund plus and the european regional development fund . measures financed under this fund should support integration measures tailor - made to the needs of third - country nationals and horizontal actions supporting member states’ capacities in the field of integration , complemented by interventions to promote the socio - economic integration of third - country nationals financed under the erdf and esf + .


### the commission shall carry out a mid - term and a retrospective evaluation of this regulation , including the actions implemented under the fund . ### by 30 september 2024 , the commission shall carry out a mid - term review of progress towards the achievement of the objectives of this regulation , with reference in particular to the output and result indicators set out in annex viii to this regulation and the annual performance reports submitted by member states under article 30 . by the same date , the commission shall submit an evaluation report on the mid - term review undertaken to the european parliament and to the council . the evaluation report on the mid - term review shall in particular include an evaluation of the provisions of this regulation regarding simplification and flexibility , its coherence with internal and external policies of the union , the continued relevance of all implementing measures referred to in annex ii and the actions referred to in annex iii , as well as the contribution of the measures and actions to the objective of ensuring a common union policy on asylum and immigration . it shall take into account retrospective evaluation results on the long - term impact of the predecessor fund , the [ asylum , migration and integration fund 2014 - 2020 ] . the longer - term impacts and the sustainability of effects of the fund shall be evaluated with a view to feeding into a decision on a possible renewal , modification or suspension of a subsequent fund .


### establishing , developing and improving effective alternatives to detention , in particular in relation to unaccompanied minors and families . ### establishing , developing and improving effective alternatives to detention and institutional care , in particular in relation to unaccompanied minors and families .


### having regard to the treaty on the functioning of the european union , and in particular article 78 and article 79 and thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 78 , article 79 and , and article 80 thereof ,


### considering the crucial role played by local and regional authorities and civil society organisations in the field of integration and to facilitate the access of these entities to funding at union level , the fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations , including through the use of the thematic facility and through a higher co - financing rate for these actions . ### considering the crucial role played by local and regional authorities and their representative associations , as well as by civil society organisations in the field of integration , and to facilitate the access of these entities to funding at union level , the fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations , including through a higher co - financing rate for these actions and the use of a dedicated component of the thematic facility where those local and regional authorities have the competence to carry out integration measures .


### partnerships and cooperation with third countries are an essential component of union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection . with the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the member states of third - country nationals or stateless persons in need of international protection , expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries , helping achieve the union’s migration policy objectives by increasing the union’s leverage vis - à - vis third countries , and of effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries , the fund should provide financial incentives to the implementation of the union resettlement [ and humanitarian admission ] framework . ### partnerships and cooperation with third countries are an essential component of union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection . with the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the member states of third - country nationals or stateless persons in need of international protection , expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries , helping achieve the union’s migration policy objectives by increasing the union’s cooperation with third countries , within defined limits and subject to appropriate safeguards , and by effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries , the fund should provide financial incentives to the implementation of the union resettlement [ and humanitarian admission ] framework .


### if at least 10 % of the initial allocation of a programme referred to in article 11 has not been covered by payment applications submitted in accordance with article [ 85 ] of regulation … / 2021 [ common provisions regulation ] , the member state concerned shall not be eligible to receive the additional allocation for the programme referred to in paragraph 1 . ### if at least 30 % of the initial allocation of a programme referred to in article 11 has not been covered by payment applications submitted in accordance with article [ 85 ] of regulation … / 2021 [ common provisions regulation ] , the member state concerned shall not be eligible to receive the additional allocation for the programme referred to in paragraph 1 .


### in addition to supporting the return of persons as provided for in this regulation , the fund should also support other measures to counter irregular migration , address incentives for illegal migration or the circumventing of existing legal migration rules , thereby safeguarding the integrity of member states’ immigration systems . ### in addition to supporting the integration of third country nationals or stateless persons within member states , the fund should also support other measures to counter trafficking of migrants , to encourage and facilitate the establishment of legal migration rules , thereby safeguarding the integrity of immigration systems in the countries of origin , in full compliance with the principle of coherence for sustainable development .


### since the objective of this regulation , namely to contribute to an effective management of migration flows in the union , in accordance with the common policy on asylum and international protection and the common immigration policy , cannot be sufficiently achieved by the member states acting alone and can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objectives of this regulation , namely to contribute to an effective management of migration flows and to the implementation , strengthening and development of the common policy on asylum , subsidiary protection and temporary protection and of the common immigration policy , cannot be sufficiently achieved by the member states acting alone and can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective .


### the member states using operating support shall comply with the union acquis on asylum and return . ### the member states using operating support shall comply with the union acquis on asylum and immigration and fully respect the rights and principles enshrined in the charter of fundamental rights of the european union .


### the fund should complement and reinforce the activities undertaken in the field of return by the european border and coast guard agency established by regulation 2016 / 1624 of the european parliament and of the council18 , therefore contributing to effective european integrated border management , as defined in article 4 of that regulation . __________________ 18 regulation 2016 / 1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard amending regulation 2016 / 399 of the european parliament and of the council and repealing regulation no 863 / 2007 of the european parliament and of the council , council regulation no 2007 / 2004 and council decision 2005 / 267 / ec . ### the fund should complement and reinforce the activities undertaken in the field of return by the european border and coast guard agency established by regulation 2016 / 1624 of the european parliament and of the council18 without providing an additional funding stream to the european border and coast guard agency , for which the budgetary authority decides on an annual budget which should enable it to carry out all of its tasks . __________________ 18 regulation 2016 / 1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard amending regulation 2016 / 399 of the european parliament and of the council and repealing regulation no 863 / 2007 of the european parliament and of the council , council regulation no 2007 / 2004 and council decision 2005 / 267 / ec .


### supporting the development and implementation of policies promoting legal migration and the implementation of the union legal migration acquis ; ### supporting the development and implementation of policies promoting legal migration , including family reunification , and the implementation of the union legal migration acquis , in particular the legal labour migration instruments in line with applicable international standards on migration and the protection of migrant workers ;


### each member state shall ensure that the priorities addressed in its programme are consistent with , and respond to , the union priorities and challenges in the area of migration management and are fully in line with the relevant union acquis and agreed union priorities . in defining the priorities of their programmes member states shall ensure that the implementation measures set out in annex ii are adequately addressed . ### each member state shall ensure that the priorities addressed in its programme are consistent with , and respond to , the union priorities and challenges in the area of asylum and migration management , are fully in line with the relevant union acquis and agreed union priorities , and fully respect the un convention on the rights of the child . in defining the priorities of their programmes member states shall ensure that the implementation measures set out in annex ii are adequately addressed . in that regard , member states shall allocate a minimum of 20% of their allocated funding to the specific objective referred to in point of the first subparagraph of article 3 . member states shall allocate a minimum of 20% of their allocated funding to the specific objectives referred to in points and of the first subparagraph of article 3 . member states shall allocate a minimum of 10% of their allocated funding to the specific objective referred to in point of the first subparagraph of article 3 .


### support to member states contributing to solidarity and responsibility efforts ; and ### support to member states at central , regional or local level and to international and non - governmental organisations which contribute to solidarity efforts ;


### the importance of a coordinated approach by the union and the member states is reflected in the european agenda on migration of may 2015 , which stressed the need for a consistent and clear common policy to restore confidence in the union’s ability to bring together european and national efforts to address migration and work together in an effective way , in accordance with the principles of solidarity and fair sharing of responsibility , and was confirmed in its mid - term review of september 2017 and the progress report of march and may 2018 . ### the importance of a coordinated approach by the union and the member states is reflected in the european agenda on migration of may 2015 , which stressed the need for a consistent and clear common policy to restore confidence in the union’s ability to bring together european and national efforts to address migration and work together in an effective way , in accordance with the principle of solidarity and fair sharing of responsibility as required by the treaties , and was confirmed in its mid - term review of september 2017 and the progress report of march and may 2018 .


### assistance in the context of applications for family reunification within the meaning of council directive 2003 / 86 / ec51 ; __________________ 51 council directive 2003 / 86 / ec of 22 september 2003 on the right to family reunification , . ### assistance in the context of applications for family reunification to ensure a harmonised implementation of council directive 2003 / 86 / ec51 ; __________________ 51 council directive 2003 / 86 / ec of 22 september 2003 on the right to family reunification , .


### grants implemented under direct management shall be awarded and managed in accordance with [ title viii ] of the financial regulation . ### grants implemented under direct and indirect management shall be awarded and managed in accordance with [ title viii ] of the financial regulation .


### the thematic facility shall in particular , support actions falling under the implementation measure 2 of annex ii that are implemented by the local and regional authorities or civil society organisations . ### the thematic facility shall support actions falling under annex ii that are implemented by the local and regional authorities or civil society organisations . in that regard , a minimum of 5% of the financial envelope of the thematic facility shall be granted under direct or indirect management to local and regional authorities or civil society organisations implementing integration and reception actions .


### the fund shall be open to third countries in accordance with the conditions laid down in a specific agreement covering the participation of the third country to the asylum and migration fund , provided that the agreement : ### the fund shall be open to neighbouring third countries in accordance with the conditions laid down in a specific agreement , to be adopted in accordance with article 218 of the treaty on the functioning of the european union , covering the participation of the third country to the fund , provided that the agreement :


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


### these initial amounts should form a basis for member states’ long - term investments . to take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of legally staying third - country nationals , and counter irregular migration through efficient and sustainable return policy , an additional amount should be allocated to the member states at mid - term taking into account the absorption rates . this amount should be based on the latest available statistical data as set out in annex i to reflect the changes in the baseline situation of member states . ### these initial amounts should form a basis for member states’ long - term investments . to take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of third - country nationals , counter trafficking of migrants , implement an efficient , rights compliant and sustainable return policy , an additional amount should be allocated to the member states at mid - term taking into account the absorption rates . this amount should be based on the latest available statistical data as set out in annex i to reflect the changes in the baseline situation of member states .


### readmission agreements and other arrangements are an integral component of the union return policy and a central tool for the efficient management of migration flows , as they facilitate the swift return of irregular migrants . those agreements and arrangements are an important element in the framework of the dialogue and cooperation with third countries of origin and transit of irregular migrants and their implementation in third countries should be supported in the interests of effective return policies at national and union level . ### readmission agreements and other arrangements are an integral component of the union return policy and a central tool for the efficient management of migration flows , as they facilitate the swift return of irregular migrants . those agreements and arrangements are an important element in the framework of cooperation and political dialogue with third countries of origin and transit of irregular migrants and their implementation in third countries should be supported in the interests of effective return policies at national and union level .


### the contribution from the union budget shall not exceed 75 % of the total eligible expenditure of a project . ### the contribution from the union budget shall not exceed 80 % of the total eligible expenditure of a project .


### actions aimed at enhancing awareness of asylum , integration , legal migration and return policies among stakeholders and the general public ; ### actions aimed at enhancing awareness of asylum , integration , legal migration and return policies with specific attention to vulnerable groups , including children , among stakeholders and the general public ;


### enhancing solidarity and cooperation with third countries affected by migratory flows , including through resettlement and other legal avenues to protection in the union as well as partnership and cooperation with third countries for the purpose of managing migration . ### enhancing solidarity and cooperation with third countries affected by high numbers of asylum applications , including through resettlement and other legal avenues to protection in the union as well as partnership and cooperation with third countries in the context of global cooperation efforts in the area of international protection .


### the policy objective of the fund shall be to contribute to an efficient management of migration flows in line with the relevant union acquis and in compliance with the union ' s commitments on fundamental rights . ### the policy objective of the fund shall be to contribute to the implementation , strengthening and development of the common policy on asylum , subsidiary protection and temporary protection and of the common immigration policy while fully respecting the union ' s and the member states ' obligations under international law and the rights and principles enshrined in the charter of fundamental rights of the european union .


### member states should give preference to voluntary return . in order to promote voluntary return , member states should envisage incentives such as preferential treatment in the form of enhanced return assistance should be envisaged for the voluntary return of persons . this kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost - effectiveness . ### member states should give preference to voluntary return and , consequently , the fund should give preferential support to actions related to voluntary return . in order to promote this , member states should envisage incentives such as preferential treatment in the form of enhanced return assistance . this kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost - effectiveness .


### the fund should also complement and reinforce the activities undertaken by the european union agency for asylum established by regulation . . / . . [ euaa regulation ] 14 with a view to facilitating and improving the functioning of the common european asylum system , by coordinating and strengthening practical cooperation and information exchange between member states , promoting union law and operational standards on asylum in order to ensure a high degree of uniformity based on high protection standards as regards procedures for international protection , reception conditions and the assessment of protection needs across the union , enabling a sustainable and fair distribution of applications for international protection , facilitate convergence in the assessment of applications for international protection across the union , support the resettlement efforts of the member states and provide operational and technical assistance to member states for the management of their asylum and reception systems , in particular those whose systems are subject to disproportionate pressure . __________________ 14 regulation no . . / . . of the european parliament and of the council of [ euaa regulation ] . ### the fund should also complement and reinforce the activities undertaken by the european union agency for asylum established by regulation . . / . . [ euaa regulation ] 14 with a view to facilitating and improving the functioning of the common european asylum system , by coordinating and strengthening practical cooperation and information exchange on asylum between member states , promoting union and international law and operational standards in order to ensure a high degree of uniformity based on high protection standards as regards procedures for international protection , reception conditions and the assessment of protection needs across the union , enabling a sustainable and fair distribution of applications for international protection , facilitate convergence in the assessment of applications for international protection across the union , monitoring the operational and technical application of the common european asylum system , supporting the resettlement efforts of the member states and providing operational and technical assistance to member states for the management of their asylum and reception systems , in particular those whose systems are subject to disproportionate pressure . __________________ 14 regulation no . . / . . of the european parliament and of the council of [ euaa regulation ] .


### in compliance with its reporting requirements pursuant to article [ 43 ] of the financial regulation , the commission shall present to the european parliament and the council information on performance in accordance with annex v . ### in compliance with its reporting requirements pursuant to article [ 43 ] of the financial regulation , the commission shall present to the european parliament and the council , at least annually , information on performance in accordance with annex v .


### considering the crucial role played by local and regional authorities and civil society organisations in the field of integration and to facilitate the access of these entities to funding at union level , the fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations , including through the use of the thematic facility and through a higher co - financing rate for these actions . ### considering the crucial role played by local and regional authorities and their representative associations , as well as by civil society organisations in the field of integration , and to facilitate the access of these entities to funding at union level , the fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations , including through a higher co - financing rate for these actions and the use of a dedicated component of the thematic facility where those local and regional authorities have the competence to carry out integration measures .


### eur 6 249 000 000 shall be allocated to the programmes implemented under shared management ; ### eur 5 522 974 200 in 2018 prices shall be allocated to the programmes implemented under shared management ;


### the fund should support the efforts by the union and the member states relating to the enhancement of the member states’ capacity to develop , monitor and evaluate their asylum policies in the light of their obligations under existing union law . ### the fund should support the union and the member states in the implementation of the existing union law in particular directives 2013 / 33 / eu1a , 2013 / 32 / eu1b and 2011 / 95 / eu1c of the european parliament and of the council and regulation 604 / 2013 / eu of the european parliament and of the council1e . __________________ 1a directive 2013 / 33 / eu of the european parliament and of the council of 26 june 2013 laying down standards for the reception of applicants for international protection . 1b 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 . 1c 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 . 1d regulation 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 .


### the commission shall ensure that the european union agency for asylum and the european border and coast guard agency are associated to the process of developing the programmes at an early stage , as regards the areas of their competence . the commission shall consult the european border and coast guard agency and the european union agency for asylum on the draft programmes to ensure consistency and complementarity of the actions of the agencies and those of the member states . ### the commission shall ensure that the european union agency for asylum , the european border and coast guard agency and the european union agency for fundamental rights are associated to the process of developing the programmes at an early stage , as regards the areas of their competence . the commission shall consult the european border and coast guard agency , the european union agency for asylum and the european union agency for fundamental rights on the draft programmes to ensure consistency and complementarity of the actions of the agencies and those of the member states .


### in order to increase efficiency , achieve the greatest union added value and to ensure the consistency of the union’s response to foster the integration of third - country nationals , actions financed under the fund should be specific and complementary to actions financed under the european social fund plus and the european regional development fund . measures financed under this fund should support measures tailor - made to the needs of third - country nationals that are generally implemented in the early stage of integration , and horizontal actions supporting member states’ capacities in the field of integration , whereas interventions for third - country nationals with a longer - term impact should be financed under the erdf and esf + . ### in order to increase efficiency , achieve the greatest union added value and to ensure the consistency of the union’s response to foster the integration of third - country nationals , actions financed under the fund should be specific and complementary to actions financed under the european social fund plus and the european regional development fund . measures financed under this fund should support integration measures tailor - made to the needs of third - country nationals and horizontal actions supporting member states’ capacities in the field of integration , complemented by interventions to promote the socio - economic integration of third - country nationals financed under the erdf and esf + .


### the following criteria in the area of countering irregular migration including returns will be taken into account and shall be weighted as follows : ### in the area of countering irregular migration including returns , the following criterion will be taken into account :


### the commission may associate the european union agency for asylum and european border and coast guard agency in monitoring and evaluation tasks as referred to in section 5 where appropriate in particular in view of ensuring that the actions implemented with the support of the fund are compliant with the relevant union acquis and agreed union priorities . ### the commission may associate the european union agency for asylum , the european border and coast guard agency and the european union agency for fundamental rights in monitoring and evaluation tasks as referred to in section 5 where appropriate in particular in view of ensuring that the actions implemented with the support of the fund are compliant with the relevant union acquis and agreed union priorities .


### the development , monitoring and evaluation of policies and procedures including on collection and exchange of information and data , development and application of common statistical tools , methods and indicators for measuring progress and assessing policy developments ; ### the development , monitoring and evaluation of policies and procedures including the development , collection , analysis , 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 ;


### these financing decisions may be annual or multiannual and may cover one or more components of the thematic facility . ### these work programmes may be annual or multiannual and may cover one or more components of the thematic facility .


### considering the long - term economic and demographic challenges faced by the union , it is crucial to establish well - functioning legal migration channels to the union to maintain the union as an attractive destination for migrants and ensure the sustainability of welfare systems and growth of the union economy . ### considering the long - term economic and demographic challenges faced by the union and the increasingly globalised nature of migration , it is crucial to establish well - functioning legal migration channels to the union to maintain the union as an attractive destination for migrants and ensure the sustainability of welfare systems and growth of the union economy .


### 50% 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 and / or community law , i . e . an administrative or judicial decision or act , stating or declaring the illegality of stay and imposing an obligation to return ; ### 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 and / or union law , i . e . an administrative or judicial decision or act , stating or declaring the illegality of stay and imposing an obligation to return ;


### to support legal migration to the member states including to contribute to the integration of third - country nationals ; ### to strengthen and develop legal migration to the member states in accordance with their economic and social needs ;


### the commission shall carry out a mid - term and a retrospective evaluation of this regulation , including the actions implemented under the fund . ### by 30 september 2024 , the commission shall carry out a mid - term review of progress towards the achievement of the objectives of this regulation , with reference in particular to the output and result indicators set out in annex viii to this regulation and the annual performance reports submitted by member states under article 30 . by the same date , the commission shall submit an evaluation report on the mid - term review undertaken to the european parliament and to the council . the evaluation report on the mid - term review shall in particular include an evaluation of the provisions of this regulation regarding simplification and flexibility , its coherence with internal and external policies of the union , the continued relevance of all implementing measures referred to in annex ii and the actions referred to in annex iii , as well as the contribution of the measures and actions to the objective of ensuring a common union policy on asylum and immigration . it shall take into account retrospective evaluation results on the long - term impact of the predecessor fund , the [ asylum , migration and integration fund 2014 - 2020 ] . the longer - term impacts and the sustainability of effects of the fund shall be evaluated with a view to feeding into a decision on a possible renewal , modification or suspension of a subsequent fund .


### emergency assistance may take the form of grants awarded directly to the decentralised agencies . ### emergency assistance may take the form of grants awarded directly to the european union agency for asylum .


### each member state shall ensure that the priorities addressed in its programme are consistent with , and respond to , the union priorities and challenges in the area of migration management and are fully in line with the relevant union acquis and agreed union priorities . in defining the priorities of their programmes member states shall ensure that the implementation measures set out in annex ii are adequately addressed . ### each member state shall ensure that the priorities addressed in its programme are consistent with , and respond to , the union priorities and challenges in the area of asylum and migration management , are fully in line with the relevant union acquis and agreed union priorities , and fully respect the un convention on the rights of the child . in defining the priorities of their programmes member states shall ensure that the implementation measures set out in annex ii are adequately addressed . in that regard , member states shall allocate a minimum of 20% of their allocated funding to the specific objective referred to in point of the first subparagraph of article 3 . member states shall allocate a minimum of 20% of their allocated funding to the specific objectives referred to in points and of the first subparagraph of article 3 . member states shall allocate a minimum of 10% of their allocated funding to the specific objective referred to in point of the first subparagraph of article 3 .


### countering 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 , or information and awareness - raising campaigns to inform employers and irregular migrants about their rights and obligations pursuant to directive 2009 / 52 / ec53 ; __________________ 53 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals . ### addressing 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 , or information and awareness - raising campaigns to inform employers and irregular migrants about their rights and obligations pursuant to directive 2009 / 52 / ec53 ; __________________ 53 directive 2009 / 52 / ec of the european parliament and of the council of 18 june 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals .


### the establishment and development of national strategies in asylum , legal migration , integration , return and irregular migration ; ### the establishment and development of national , regional and local strategies for the implementation of the union acquis relating to asylum , legal migration , integration , return and irregular migration ;


### heavy migratory pressure in third countries , including where persons in need of protection may be stranded due to political developments or conflicts , notably where it might have an impact on migration flows towards the eu . ### heavy migratory pressure in third countries , including where persons in need of protection may be stranded due to political developments , conflicts or natural disasters , notably where it might have an impact on migration flows towards the eu .


### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , supporting integration strategies and a more effective legal migration policy , so as to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries . ### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , enhancing the protection of vulnerable asylum seekers such as children , supporting integration strategies and a more effective legal migration policy , creating safe and legal pathways to the union which should also help to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . as an instrument of internal union policy and the only funding instrument for asylum and migration at union level , the fund should primarily support actions on asylum and migration within the union . however , within defined limits and subject to the appropriate safeguards , the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , to establish avenues on legal migration and to counter irregular migration and ensure the sustainability of safe and dignified return to as well as reintegration in third countries .


### in order to increase efficiency , achieve the greatest union added value and to ensure the consistency of the union’s response to foster the integration of third - country nationals , actions financed under the fund should be specific and complementary to actions financed under the european social fund plus and the european regional development fund . measures financed under this fund should support measures tailor - made to the needs of third - country nationals that are generally implemented in the early stage of integration , and horizontal actions supporting member states’ capacities in the field of integration , whereas interventions for third - country nationals with a longer - term impact should be financed under the erdf and esf + . ### to improve and reinforce the integration process in european societies , the fund should facilitate legal migration to the union in accordance with the economic and social needs of member states and anticipate the preparation of the integration process already in the country of origin of the third - country nationals coming to the union . actions in third countries should be fully coherent with the principle of policy coherence for development and the commitments for the achievements of the sustainable development goals .


### supporting the development and implementation of policies promoting legal migration and the implementation of the union legal migration acquis ; ### supporting the development and implementation of policies promoting legal migration , including family reunification , and the implementation of the union legal migration acquis , in particular the legal labour migration instruments in line with applicable international standards on migration and the protection of migrant workers ;


### a member state may be deemed not to be compliant with the relevant union acquis , including as regards the use of operating support under this fund , if it has failed to fulfil its obligations under the treaties in the area of asylum and return , if there is a clear risk of a serious breach by the member state of the union’s values when implementing the acquis on asylum and return or if an evaluation report under the schengen or the european union agency for asylum evaluation and monitoring mechanism has identified deficiencies in the relevant area . ### a member state may be deemed not to be compliant with the relevant union acquis , including as regards the use of operating support under this fund , if it has failed to fulfil its obligations under the treaties in the area of asylum and immigration or if there is a clear risk of a serious breach by the member state of the union’s values when implementing the acquis on asylum and immigration .


### the fund should support the efforts by the union and the member states relating to the enhancement of the member states’ capacity to develop , monitor and evaluate their asylum policies in the light of their obligations under existing union law . ### the fund should support the union and the member states in the implementation of the existing union law in particular directives 2013 / 33 / eu1a , 2013 / 32 / eu1b and 2011 / 95 / eu1c of the european parliament and of the council and regulation 604 / 2013 / eu of the european parliament and of the council1e . __________________ 1a directive 2013 / 33 / eu of the european parliament and of the council of 26 june 2013 laying down standards for the reception of applicants for international protection . 1b 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 . 1c 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 . 1d regulation 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 .


### the policy objective of the fund shall be to contribute to an efficient management of migration flows in line with the relevant union acquis and in compliance with the union ' s commitments on fundamental rights . ### the policy objective of the fund shall be to contribute to the implementation , strengthening and development of the common policy on asylum , subsidiary protection and temporary protection and of the common immigration policy while fully respecting the union ' s and the member states ' obligations under international law and the rights and principles enshrined in the charter of fundamental rights of the european union .


### to complement the implementation of the policy objective of this fund at national level through member states’ programmes , the fund should also provide support for actions at union level . such actions should serve overall strategic purposes within the scope of intervention of the fund relating to policy analysis and innovation , transnational mutual learning and partnerships and the testing of new initiatives and actions across the union . ### to complement the implementation of the policy objective of this fund at national level through member states’ programmes , the fund should also provide support for actions at union level . such actions should serve overall strategic purposes within the scope of intervention of the fund relating to policy analysis and innovation , transnational mutual learning and partnerships and the testing of new initiatives and actions across the union , while respecting the need to achieve a fair and transparent distribution of funding among all the objectives of the fund .


### these initial amounts should form a basis for member states’ long - term investments . to take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of legally staying third - country nationals , and counter irregular migration through efficient and sustainable return policy , an additional amount should be allocated to the member states at mid - term taking into account the absorption rates . this amount should be based on the latest available statistical data as set out in annex i to reflect the changes in the baseline situation of member states . ### these initial amounts should form a basis for member states’ long - term investments . to take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of third - country nationals , counter trafficking of migrants , implement an efficient , rights compliant and sustainable return policy , an additional amount should be allocated to the member states at mid - term taking into account the absorption rates . this amount should be based on the latest available statistical data as set out in annex i to reflect the changes in the baseline situation of member states .


### readmission agreements and other arrangements are an integral component of the union return policy and a central tool for the efficient management of migration flows , as they facilitate the swift return of irregular migrants . those agreements and arrangements are an important element in the framework of the dialogue and cooperation with third countries of origin and transit of irregular migrants and their implementation in third countries should be supported in the interests of effective return policies at national and union level . ### readmission agreements and other arrangements are an integral component of the union return policy and a central tool for the efficient management of migration flows , as they facilitate the swift return of irregular migrants . those agreements and arrangements are an important element in the framework of the dialogue and cooperation with third countries of origin and transit of irregular migrants and the fund should support their implementation in third countries in the interests of effective return policies within defined limits and subject to the appropriate safeguards .