### 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 .


### 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 promotion of common measures in the area of asylum , including member states’ efforts in receiving persons through resettlement and the transfer between member states , support integration , reception and inclusion strategies and a more effective legal migration policy , counter irregular migration and implement a sustainable return and readmission policy . the fund should support the strengthening of cooperation with third countries to reinforce management of flows , the establishment of avenues on legal migration , to counter irregular migration , fight trafficking of migrants , ensure sustainability of return and effective readmission to third countries . cooperation with third countries should be genuinely based on mutual interest .


### 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 .


### in order to strengthen the union’s capacity to immediately address unforeseen or disproportionate heavy migratory pressure in one or more member states characterised by a large or disproportionate inflow of third - country nationals , which places significant and urgent demands on their reception and detention facilities , asylum and migration management systems and procedures , heavy migratory pressures in third countries due to political developments or conflicts , it should be possible to provide emergency assistance in accordance with the framework set out in this regulation . ### in order to strengthen the union’s capacity to immediately address unforeseen or disproportionate heavy migratory pressure in one or more member states characterised by a large or disproportionate inflow of third - country nationals , which places significant and urgent demands on their reception and detention facilities , asylum and migration management systems and procedures , heavy migratory pressures in third countries due to political developments , conflicts or natural disasters , it should be possible to provide emergency assistance in accordance with the framework set out in this regulation .


### voluntary and enforced returns are nevertheless interlinked , with mutually reinforcing effect , and member states should therefore be encouraged to reinforce the complementarities between these two forms of return . the possibility of removals is an important element contributing to the integrity of the asylum and legal migration systems . the fund should therefore support actions of member states to facilitate and carry out removals in accordance with the standards laid down in union law , where applicable , and with full respect for the fundamental rights and dignity of returnees . ### voluntary and enforced returns are nevertheless interlinked , with mutually reinforcing effect , and member states should therefore be encouraged to reinforce the complementarities between these two forms of return . the possibility of removals is an important element contributing to the integrity of the asylum and legal migration systems . the fund should therefore support actions of member states to facilitate and carry out removals in accordance with the standards laid down in union law , where applicable , and with full respect for the fundamental rights and dignity of returnees . the fund should support actions related to return of children only where such return is based on a positive assessment of the best interests of the child .


### 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 .


### 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 .


### eur 4 166 000 000 shall be allocated to the thematic facility . ### eur 3 681 982 800 in 2018 prices shall be allocated to the thematic facility .


### as challenges in the area of migration are constantly evolving , there is a need to adapt the allocation of funding to the changes in migration flows . to respond to pressing needs and changes in policy and union priorities , and to steer funding towards actions with a high level of union added value , part of the funding will be periodically allocated to specific actions , union actions , emergency assistance , resettlement and to provide additional support for member states contributing to solidarity and responsibility efforts via a thematic facility . ### as challenges in the area of migration are constantly evolving , there is a need to adapt the allocation of funding to the changes in migration flows . to respond to pressing needs and changes in policy and union priorities , and to steer funding towards actions with a high level of union added value , part of the funding will be periodically allocated to specific actions , union actions , emergency assistance , resettlement , the support of vulnerable groups including children and to provide additional support for member states contributing to solidarity and responsibility efforts via a thematic facility .


### 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 .


### to contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries . ### to contribute to countering irregular migration via the opening of legal pathways of migration , fighting against human trafficking and ensuring effectiveness and sustainability of return and readmission in third countries for both returnees and countries of origin .


### 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 . 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 . the principle of best interests of the child must bethe primary consideration in all actions or decisions concerning children in migration , including returns . these efforts should also take full account of the right of the child to express his or her views .


### 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 , in particular in relation to unaccompanied children and children with families in compliance with the united nations convention on the rights of the child .


### 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 ; ### support services in third countries including appropriate community based temporary accommodation and reception upon arrival ,


### 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 .


### 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 ] .


### 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 third countries that do not infringe fundamental rights of migrants for activities in the field of legal migration , return and readmission , in accordance with the conditions laid down in a specific agreement covering the participation of the third country to the asylum and migration fund , which should be made publicly available , provided that the agreement :


### further to a monitoring exercise as carried out in accordance with regulation [ . . / . . ] [ euaa regulation ] or the adoption of recommendations in accordance with regulation no 1053 / 2013 which are within the scope of this regulation , the member state concerned shall examine , together with the commission , and where relevant with the european union agency for asylum and the european border and coast guard agency , how to address the findings , including any shortcomings or issues of capacity and preparedness , and shall implement the recommendations through its programme . ### further to a monitoring exercise as carried out in accordance with regulation [ . . / . . ] [ euaa regulation ] or the adoption of recommendations in accordance with regulation no 1053 / 2013 which are within the scope of this regulation , the member state concerned shall examine , together with the commission , and where relevant with the european union agency for asylum , the european border and coast guard agency and the european union agency for fundamental rights , how to address the findings , including any shortcomings or issues of capacity and preparedness , and shall implement the recommendations through its programme .


### the commission and the member states shall ensure that the support provided under this regulation and by the member states is consistent with the relevant activities , policies and priorities of the union and is complementary to other union instruments . ### the commission and the member states shall ensure that the support provided under this regulation and by the member states is consistent with the relevant activities , policies and priorities of the union and is complementary to and coordinated with other union instruments and measures funded in particular under the erdf and esf + regulations .


### part of the available resources under the instrument could also be allocated to member states’ programmes for the implementation of specific actions in addition to their initial allocation . these specific actions should be identified at union level and should concern actions which require cooperative effort or actions necessary to address developments in the union which require additional funding to be made available to one or more member states , such as the purchase through the national programmes of member states of technical equipment needed by the european border and coast guard agency to perform its operational activities , the modernisation of the processing of visa applications , the development of new large - scale it systems and the setting - up of interoperability between those systems . these specific actions will be defined by the commission in its work programmes . ### part of the available resources under the instrument could also be allocated to member states’ programmes for the implementation of specific actions in addition to their initial allocation . these specific actions should be identified at union level and should concern actions which require cooperative effort or actions necessary to address developments in the union which require additional funding to be made available to one or more member states , such as the purchase through the national programmes of member states of technical equipment needed by the european border and coast guard agency to perform its operational activities , the modernisation of the processing of visa applications , the development of large - scale it systems and the setting - up of interoperability between those systems . these specific actions will be defined by the commission in its work programmes which should be adopted by delegated act .


### to achieve the objectives of this regulation , the instrument may support actions in line with union priorities as referred to in annex iii in relation to and in third countries , where appropriate , in accordance with article 5 . ### to achieve the objectives of this regulation , the instrument may , within defined limits and subject to the appropriate safeguards , support actions as referred to in annex iii in relation to and in third countries , where appropriate , in accordance with article 5 .


### specific objective 2 : supporting the common visa policy to facilitate legitimate travel and prevent migratory and security risks : ### specific objective 2 : supporting the common visa policy to ensure a more harmonised approach among the member states with regard to the issuance of visas and to facilitate legitimate travel :


### 70 % for the number of crossings of the external border at authorised border crossing points ; ### 60 % for the number of crossings of the external border at authorised border crossing points ;


### third country listed in the work programme under the conditions specified therein . ### a third country listed in the work programme under the conditions specified therein , subject to the condition that all actions by , in , or in relation to that third country fully respect the rights and principles enshrined in the charter of fundamental rights of the european union , and the international obligations of the union and the member states .


### the instrument shall provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from an urgent and exceptional pressure where a large or disproportionate number of third - country nationals have crossed , are crossing or are expected to cross the external borders of one or more member states , in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole schengen area , or any other situation of urgent and exceptional pressure within the scope of this regulation that requires immediate action . ### the instrument shall provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from an urgent and exceptional pressure where a large or disproportionate number of third - country nationals have crossed , are crossing or are expected to cross the external borders of one or more member states , in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole schengen area in accordance with article 19 of regulation 2016 / 1624 , or any other duly substantiated emergency situation requiring urgent action at the external borders within the scope of this regulation .


### the commission shall , where relevant , associate the european border and coast guard agency with the process of examination on the most appropriate approach to address the recommendations with the support of this instrument . ### the commission shall , where relevant , associate the european border and coast guard agency , eu - lisa , the european union agency for fundamental rights and any other relevant agency or body with the process of examination on the most appropriate approach to address the recommendations with the support of this instrument .


### the commission shall ensure that the european border and coast guard agency and where appropriate , eu - lisa , are associated with the process of developing the programmes of member states at an early stage , in so far as it falls within the agencies’ competencies . ### the commission shall ensure , where appropriate , that the european border and coast guard agency , eu - lisa , the european union agency for fundamental rights , and any other relevant union agency are associated with the process of developing the programmes of member states at an early stage , in so far as it falls within the agencies’ competencies .


### as challenges in the area of border management and visas are constantly evolving there is a need to adapt the allocation of funding to the changes in migration flows , pressure at the border and security threats and steer funding towards the priorities with the highest added value for the union . to respond to pressing needs , changes in policy and union priorities and to steer funding towards actions with a high level of added value for the union , part of the funding will be periodically allocated to specific actions , union actions and emergency assistance , via a thematic facility . ### as challenges in the area of border management and visas are constantly evolving there is a need to adapt the allocation of funding to changes in priorities for visa policy and border management , including as a result of increased pressure at the border , and to steer funding towards the priorities with the highest added value for the union . to respond to pressing needs , changes in policy and union priorities and to steer funding towards actions with a high level of added value for the union , part of the funding will be periodically allocated to specific actions , union actions and emergency assistance , via a thematic facility .


### training in the field of border management carried out with the support of this instrument shall be based on the relevant harmonised and quality - assured european education and common training standards for border and coast guarding . ### training in the field of border management carried out with the support of this instrument shall be based on the relevant harmonised and quality - assured european education and common training standards for border and coast guarding on relevant union and international law , including with regard to fundamental rights , access to international protection and relevant maritime law .


### the commission shall adopt financing decisions as referred to in article 110 of the financial regulation for the thematic facility , identifying the objectives and the actions to be supported and specifying the amounts for each of its components , as referred to in paragraph 1 . financing decisions shall set out , where applicable , the overall amount reserved for blending operations . ### the commission is empowered to adopt delegated acts in accordance with article 29 to lay down work programmes as referred to in article 110 of the financial regulation for the thematic facility , identifying the objectives and the actions to be supported and specifying the amounts for each of its components , as referred to in paragraph 1 .


### the instrument should support the implementation of the hotspot approach as outlined in the commission’s communication on a european agenda on migration and endorsed by the european council of 25 and 26 june 201530 . the hotspot approach provides operational support to member states affected by disproportionate migratory pressure at the union’s external borders . it offers integrated , comprehensive and targeted assistance in a spirit of solidarity and shared responsibility as well as with a view to safeguarding the integrity of the schengen area . __________________ 30 euco 22 / 15 co eur 8 concl 3 . ### in so far as the affected member states so request , the instrument should support the implementation of the hotspot approach as outlined in the commission’s communication on a european agenda on migration and endorsed by the european council of 25 and 26 june 201530 . the hotspot approach provides operational support to member states affected by disproportionate migratory pressure at the union’s external borders . it offers integrated , comprehensive and targeted assistance in a spirit of solidarity and shared responsibility , allowing the arrival of large numbers of persons at the union’s external borders to be handled humanely and efficiently . __________________ 30 euco 22 / 15 co eur 8 concl 3 .


### as part of the integrated border management fund , the policy objective of the instrument shall be ensuring strong and effective european integrated border management at the external borders while safeguarding the free movement of persons within it , in full compliance with the union ' s commitments on fundamental rights , thereby contributing to guaranteeing a high level of security in the union . ### as part of the integrated border management fund , the policy objective of the instrument shall be ensuring effective european integrated border management at the external borders while safeguarding the free movement of persons within it , in full compliance with the union ' s acquis and international obligations of the union and its member states arising from international instruments to which they are signatory .


### with a view to improving the management of the external borders , to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom , security and justice of the union , the instrument should support the development of large - scale it systems , based on existing or new it systems . it should also support the setting - up of interoperability between those eu information systems 23 , the visa information system 24 , the european travel information and authorisation system 25 , eurodac26 , the schengen information system 27 and the european criminal records information system for third - country nationals ) 28 in the member states , in order for these eu information systems and their data to supplement each other . the instrument should also contribute to the necessary developments at national level following the implementation of the interoperability components at central level , a shared biometric matching service , a common identity repository and a multiple - identity detector ) 29 . __________________ 23 regulation 2017 / 2226 of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 24 regulation no 767 / 2008 / ec of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas . 25 com 731 final of 16 november 2016 . 26 com 272 final / 2 of 4 may 2016 . 27 com 881 final , 882 final and 883 final of 21 december 2016 . 28 com 344 final of 29 june 2017 . 29 com 794 final of 12 december 2017 . ### with a view to improving the management of the external borders , to facilitating legitimate travel , to contributing to the prevention and combatting of irregular border crossing and to contributing to a high level of security within the area of freedom , security and justice of the union , the instrument should support the development of those large - scale it systems that have been agreed upon by the european parliament and the council . in that regard , it should also support the setting - up of interoperability between those eu information systems 23 , the visa information system 24 , the european travel information and authorisation system 25 , eurodac26 , the schengen information system 27 and the european criminal records information system for third - country nationals ) 28 in the member states , in order for these eu information systems and their data to supplement each other . the instrument should also contribute to the necessary developments at national level following the implementation of the interoperability components at central level , a shared biometric matching service , a common identity repository and a multiple - identity detector ) 29 . __________________ 23 regulation 2017 / 2226 of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 24 regulation no 767 / 2008 / ec of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas . 25 com 731 final of 16 november 2016 . 26 com 272 final / 2 of 4 may 2016 . 27 com 881 final , 882 final and 883 final of 21 december 2016 . 28 com 344 final of 29 june 2017 . 29 com 794 final of 12 december 2017 .


### 30% for the number of third - country nationals refused entry at the external border . ### 20% for the number of third - country nationals refused entry at the external border .


### as customs authorities of the member states have been taking up an increasing number of responsibilities which often extend to the field of security and take place at the external border , ensuring uniformity in carrying out border control and customs control at the external borders needs to be addressed by providing adequate union financial support to the member states . this will not only strengthen customs controls but also facilitate legitimate trade , contributing to a secure and efficient customs union . ### as customs authorities of the member states have been taking up an increasing number of responsibilities which often extend to the field of security and take place at the external border , ensuring complementarity in carrying out border control and customs control at the external borders needs to be addressed by providing adequate union financial support to the member states . this will not only strengthen customs controls but also facilitate legitimate trade and travel , and contribute to a secure and efficient customs union .


### the commission shall implement information and communication actions relating to this instrument , its actions and results . financial resources allocated to this instrument shall also contribute to the corporate communication on the political priorities of the union , as far as they are related to the objectives of this regulation . ### the commission shall implement information and communication actions relating to the implementation of this instrument , its actions and results . in particular , the commission shall publish information concerning the development of the annual and multiannual programmes of the thematic facility . the commission shall also publish the list of operations , projects and contracts selected for support under the thematic facility on a publicly available website and shall update that list at least every three months . financial resources allocated to this instrument shall also contribute to the corporate communication on the implementation of political priorities of the union , as far as they are related to the objectives of this regulation . in particular , the commission may promote best practices and exchange information as regards to the implementation of the instrument .


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


### in order to strengthen the union’s capacity to immediately address unforeseen or disproportionate migratory pressure , in particular at those border sections where the impact level has been identified in line with regulation no 1052 / 2013 of the european parliament and of the council38 as such that it jeopardises the functioning of the schengen area as a whole , as well as pressure on the visa sections of member states’ consulates or risks to border security , it should be possible to provide emergency assistance in accordance with the framework set out in this regulation . __________________ 38 regulation no 1052 / 2013 of the european parliament and of the council of 22 october 2013 establishing the european border surveillance system . ### in order to strengthen the union’s capacity to address immediately unforeseen , urgent and specific needs in the event of an emergency situation , in particular at those border sections where the impact level has been identified in line with regulation no 1052 / 2013 of the european parliament and of the council38 as such that it jeopardises the functioning of the schengen area as a whole , as well as pressure on the visa sections of member states’ consulates or risks to border security , this instrument should exceptionally provide financial assistance as a measure of last resort in accordance with the framework set out in this regulation . __________________ 38 regulation no 1052 / 2013 of the european parliament and of the council of 22 october 2013 establishing the european border surveillance system .


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission . these powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council50 . the examination procedure should be used for implementing acts that lay down common obligations on member states , in particular on the provision of information to the commission , and the advisory procedure should be used for the adoption of implementing acts relating to the modalities of providing information to the commission in the framework of programming and reporting , given their purely technical nature . __________________ 50 oj l 55 , 28 . 2 . 2011 , p . 13 . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission . these powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council50 . the advisory procedure should be used for the adoption of implementing acts relating to the modalities of providing information to the commission in the framework of programming and reporting , given their purely technical nature . __________________ 50 oj l 55 , 28 . 2 . 2011 , p . 13 .


### the european border and coast guard agency shall provide the commission with a report on the breakdown of resources as regards external land borders , external sea borders and airports , as referred to in paragraph 1 . ### the european border and coast guard agency shall provide the commission with a report on the breakdown of resources as regards external land borders , external sea borders and airports , as referred to in paragraph 1 . the commission shall make the report publicly available .


### to promote the implementation of the european integrated border management defined by its components in accordance with article 4 of regulation 2016 / 1624 : border control , search and rescue during border surveillance , risk analysis , cooperation between member states , inter - agency cooperation , cooperation with third countries , technical and operational measures within the schengen area related to border control and designed to address illegal immigration and to counter cross - border crime better , use of state - of - the - art technology , quality control and solidarity mechanisms , and to ensure that it becomes an operational reality , member states should be provided with adequate union financial support . ### to promote the implementation of the european integrated border management defined by its components in accordance with article 4 of regulation 2016 / 1624 : border control , search and rescue during border surveillance , risk analysis , cooperation between member states , inter - agency cooperation throughout the eu , cooperation with third countries , technical and operational measures within the schengen area related to border control and designed to address illegal immigration and to counter cross - border crime better , use of state - of - the - art technology , quality control and solidarity mechanisms , and to ensure that it becomes an operational reality , member states should be provided with adequate union financial support .


### to achieve the objectives of this regulation , the instrument may support actions in line with union priorities as referred to in annex iii in relation to and in third countries , where appropriate , in accordance with article 5 . ### to achieve the objectives of this regulation , the instrument may , within defined limits and subject to the appropriate safeguards , support actions as referred to in annex iii in relation to and in third countries , where appropriate , in accordance with article 5 .


### to preserve the integrity of the schengen area and to strengthen its functioning , member states have , since 6 april 2017 , been obliged to carry out systematic checks against relevant databases on eu citizens who are crossing the eu’s external borders . furthermore , the commission issued a recommendation to member states to make better use of police checks and cross - border cooperation . ### in an attempt to preserve the integrity of the schengen area and to strengthen its functioning , member states have , since 6 april 2017 , been obliged to carry out systematic checks against relevant databases on eu citizens who are crossing the eu’s external borders . furthermore , the commission issued a recommendation to member states to make better use of police checks and cross - border cooperation . however , it has proven necessary to use targeted checks in place of systematic checks at a number of external border crossing points , on account of the disproportionate impact of systematic checks on the flow of cross - border traffic1a . __________________ 1a commission statement on the management of flows of persons at the borders between slovenia and croatia of 29 april 2017 .


### to promote the implementation of the european integrated border management defined by its components in accordance with article 4 of regulation 2016 / 1624 : border control , search and rescue during border surveillance , risk analysis , cooperation between member states , inter - agency cooperation , cooperation with third countries , technical and operational measures within the schengen area related to border control and designed to address illegal immigration and to counter cross - border crime better , use of state - of - the - art technology , quality control and solidarity mechanisms , and to ensure that it becomes an operational reality , member states should be provided with adequate union financial support . ### to promote the implementation of the european integrated border management defined by its components in accordance with article 4 of regulation 2016 / 1624 : border control , search and rescue during border surveillance , risk analysis , cooperation between member states , inter - agency cooperation and cooperation with eu ' s external action such as civilian crisis management , cooperation with third countries , technical and operational measures within the schengen area related to border control and designed to address irregular immigration and to counter cross - border crime better , use of state - of - the - art technology , quality control and solidarity mechanisms , and to ensure that it becomes an operational reality , member states should be provided with adequate union financial support .


### following the adoption of a financing decision as referred to in paragraph 3 , the commission may amend the programmes implemented under shared management accordingly . ### following the adoption of a work programme as referred to in paragraph 6 , the commission may amend the programmes implemented under shared management accordingly .


### third country listed in the work programme under the conditions specified therein . ### a third country listed in the work programme under the conditions specified therein , subject to the condition that all actions by , in , or in relation to that third country fully respect the rights and principles enshrined in the charter of fundamental rights of the european union , and the international obligations of the union and the member states .


### specific objective 2 : supporting the common visa policy to facilitate legitimate travel and prevent migratory and security risks : ### specific objective 2 : supporting the common visa policy to ensure a more harmonised approach among the member states with regard to the issuance of visas and to facilitate legitimate travel :


### infrastructures , buildings , systems and services required at border crossing points , in hotspot areas and for border surveillance between border crossing points to prevent and tackle unauthorised border crossings , illegal immigration and cross - border crime at the external borders , as well as to guarantee the smooth flows of legitimate travellers ; ### infrastructures , buildings , systems and services required at border crossing points , in hotspot areas and for border surveillance between border crossing points to prevent and tackle unauthorised border crossings , illegal immigration and cross - border crime at the external borders , as well as to guarantee the smooth flows of legitimate travellers and the effective management of migration flows , including measures related to the referral of persons who are in need of , or wish to apply for , international protection while always ensuring a dignified treatment of the persons concerned ;


### setting up , operating and maintaining large - scale it systems in the area of border management , including the interoperability of these it systems and their communication infrastructure . ### setting up , operating and maintaining those large - scale it systems already the subject of union law in the area of border management , including the interoperability of these it systems and their communication infrastructure , and actions to enhance data quality and the provision of information .


### whenever a member state decides to implement projects with or in a third country with the support of the instrument , the member state concerned shall consult the commission prior to the start of the project . ### before a member state decides to implement projects with , in or in relation to a third country with the support of the instrument , it shall ensure that all actions proposed by , in or in relation to that third country comply with the international obligations of the union and that member state , and that they fully respect the rights and principles enshrined in the charter of fundamental rights of the european union . the member state concerned shall consult the commission prior to the start of the project including on ensuring that the above conditions are fulfilled .


### 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 41 and of the financial regulation , the commission shall present to the european parliament and the council information on performance in accordance with annex v , at least annually .


### measures in and in relation to third countries supported through the instrument should be implemented in full synergy and coherence with and should complement other actions outside the union supported through the union ' s external financing instruments . in particular , in implementing such actions , full coherence should be sought with the principles and general objectives of the union’s external action and foreign policy related to the country or region in question . in relation to the external dimension , the instrument should target support to enhance cooperation with third countries and to reinforce key aspects of their border surveillance and border management capabilities in areas of interest to the union’s migration policy and union’s security objectives . ### the primary purpose of this instrument should be to support integrated border management at the union’s external borders and to support the common visa policy . however , within defined limits and subject to the appropriate safeguards , certain measures in and in relation to third countries could be supported through the instrument . those measures should be implemented in full synergy and coherence with and should complement other actions outside the union supported through the union ' s external financing instruments . in particular , in implementing such actions , full coherence should be sought with the principles and general objectives of the union’s external action and foreign policy related to the country or region in question .


### as part of the integrated border management fund , the policy objective of the instrument shall be ensuring strong and effective european integrated border management at the external borders while safeguarding the free movement of persons within it , in full compliance with the union ' s commitments on fundamental rights , thereby contributing to guaranteeing a high level of security in the union . ### as part of the integrated border management fund , the policy objective of the instrument shall be ensuring effective european integrated border management at the external borders while safeguarding the free movement of persons within it , in full compliance with the union ' s acquis and international obligations of the union and its member states arising from international instruments to which they are signatory .


### whenever a member state decides to implement actions with or in a third country with the support of the instrument relating to monitoring , detection , identification , tracking , prevention and interception of unauthorised border crossings for the purpose of detecting , preventing and combating illegal immigration and cross - border crime or contributing to the protection and saving the lives of migrants , it shall ensure that it has notified the commission of any bilateral or multilateral cooperation agreement with that third country in accordance with article 20 of regulation no 1052 / 2013 . ### whenever a member state decides to implement actions with or in a third country with the support of the instrument relating to monitoring , detection , identification , tracking , prevention and interception of unauthorised border crossings for the purpose of detecting , preventing and combating irregular immigration and cross - border crime or contributing to the protection and saving the lives of migrants , it shall ensure that it has notified the commission of any bilateral or multilateral cooperation agreement with that third country in accordance with article 20 of regulation no 1052 / 2013 .


### the instrument should complement and reinforce the activities to implement european integrated border management in line with shared responsibility and solidarity between the member states and the european border and coast guard agency representing the two pillars of the european border and coast guard . this means , in particular that , when drawing up their programmes , member states should take into account the analytical tools and operational and technical guidelines developed by the european border and coast guard agency as well as the training curricula developed by it , such as the common core curricula for the training of border guards , including its components with regard to fundamental rights and access to international protection . in order to develop complementarity between its mission and the responsibilities of the member states for the control of the external borders as well as to ensure consistency and to avoid cost inefficiency , the commission should consult the european border and coast guard agency on the draft national programmes submitted by the member states in as far as it falls within the agency’s competencies , in particular on the activities financed under operating support . ### the instrument should complement and reinforce the activities implementing european integrated border management in line with shared responsibility and solidarity between the member states and the european border and coast guard agency representing the two pillars of the european border and coast guard . this means , in particular that , when drawing up their national programmes , member states should take into account the analytical tools , operational and technical guidelines developed by the european border and coast guard agency as well as the training curricula developed by it , such as the common core curricula for the training of border guards , including its components with regard to fundamental rights and access to international protection . in order to develop complementarity between its tasks and the responsibilities of the member states for the control of the external borders , and to ensure consistency and avoid cost inefficiency , the commission should consult the european border and coast guard agency on the draft national programmes submitted by the member states in as far as they fall within the agency’s competencies , in particular on the activities financed under operating support . the commission should also ensure that eu - lisa , the european union agency for fundamental rights and any other relevant union agency or body , are associated with the process of developing member states’ national programmes at an early stage , in so far as it falls within the agencies’ competencies .


### the instrument shall provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from an urgent and exceptional pressure where a large or disproportionate number of third - country nationals have crossed , are crossing or are expected to cross the external borders of one or more member states , in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole schengen area , or any other situation of urgent and exceptional pressure within the scope of this regulation that requires immediate action . ### the instrument shall provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from an urgent and exceptional pressure where a large or disproportionate number of third - country nationals have crossed , are crossing or are expected to cross the external borders of one or more member states , in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole schengen area in accordance with article 19 of regulation 2016 / 1624 , or any other duly substantiated emergency situation requiring urgent action at the external borders within the scope of this regulation .


### if at least 10 % of the initial allocation of a programme referred to in article 10 has not been covered by interim payment applications submitted in accordance with article 85 of regulation no … / … [ cpr ] , the member state concerned shall not be eligible to receive the additional allocation for its programme referred to in paragraph 1 . ### if at least 30 % of the initial allocation of a programme referred to in article 10 has not been covered by interim payment applications submitted in accordance with article 85 of regulation … / … [ cpr ] , the member state concerned shall not be eligible to receive the additional allocation for its programme referred to in paragraph 1 .


### european integrated border management , as implemented by the european border and coast guard , established by regulation 2016 / 1624 of the european parliament and of the council13 , composed of the european border and coast guard agency and the national authorities responsible for border management , including coast guards to the extent that they carry out border control tasks , is necessary for improving migration management and security . __________________ 13 regulation 2016 / 1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard and 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 . ### european integrated border management , as implemented by the european border and coast guard , established by regulation 2016 / 1624 of the european parliament and of the council13 , composed of the european border and coast guard agency and the national authorities responsible for border management , including coast guards to the extent that they carry out border control tasks , should help to harmonise border control , thus improving migration management - including facilitating access to international protection for those in need of it - and providing increased security . __________________ 13 regulation 2016 / 1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard and 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 .


### with a view to improving the management of the external borders , to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom , security and justice of the union , the instrument should support the development of large - scale it systems , based on existing or new it systems . it should also support the setting - up of interoperability between those eu information systems 23 , the visa information system 24 , the european travel information and authorisation system 25 , eurodac26 , the schengen information system 27 and the european criminal records information system for third - country nationals ) 28 in the member states , in order for these eu information systems and their data to supplement each other . the instrument should also contribute to the necessary developments at national level following the implementation of the interoperability components at central level , a shared biometric matching service , a common identity repository and a multiple - identity detector ) 29 . __________________ 23 regulation 2017 / 2226 of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 24 regulation no 767 / 2008 / ec of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas . 25 com 731 final of 16 november 2016 . 26 com 272 final / 2 of 4 may 2016 . 27 com 881 final , 882 final and 883 final of 21 december 2016 . 28 com 344 final of 29 june 2017 . 29 com 794 final of 12 december 2017 . ### with a view to improving the management of the external borders , to facilitating legitimate travel , to contributing to the prevention and combatting of irregular border crossing and to contributing to a high level of security within the area of freedom , security and justice of the union , the instrument should support the development of those large - scale it systems that have been agreed upon by the european parliament and the council . in that regard , it should also support the setting - up of interoperability between those eu information systems 23 , the visa information system 24 , the european travel information and authorisation system 25 , eurodac26 , the schengen information system 27 and the european criminal records information system for third - country nationals ) 28 in the member states , in order for these eu information systems and their data to supplement each other . the instrument should also contribute to the necessary developments at national level following the implementation of the interoperability components at central level , a shared biometric matching service , a common identity repository and a multiple - identity detector ) 29 . __________________ 23 regulation 2017 / 2226 of 30 november 2017 establishing an entry / exit system to register entry and exit data and refusal of entry data of third - country nationals crossing the external borders of the member states and determining the conditions for access to the ees for law enforcement purposes , and amending the convention implementing the schengen agreement and regulations no 767 / 2008 and no 1077 / 2011 . 24 regulation no 767 / 2008 / ec of the european parliament and of the council of 9 july 2008 concerning the visa information system and the exchange of data between member states on short - stay visas . 25 com 731 final of 16 november 2016 . 26 com 272 final / 2 of 4 may 2016 . 27 com 881 final , 882 final and 883 final of 21 december 2016 . 28 com 344 final of 29 june 2017 . 29 com 794 final of 12 december 2017 .


### whenever a member state decides to implement actions with or in a third country with the support of the instrument relating to monitoring , detection , identification , tracking , prevention and interception of unauthorised border crossings for the purpose of detecting , preventing and combating illegal immigration and cross - border crime or contributing to the protection and saving the lives of migrants , it shall ensure that it has notified the commission of any bilateral or multilateral cooperation agreement with that third country in accordance with article 20 of regulation no 1052 / 2013 . ### whenever a member state exceptionally decides to implement actions with or in a third country with the support of the instrument relating to monitoring , detection , identification , tracking , prevention and interception of unauthorised border crossings for the purpose of detecting , preventing and combating illegal immigration and cross - border crime or contributing to the protection and saving the lives of migrants , it shall ensure that it has notified the commission of any bilateral or multilateral cooperation agreement with that third country in accordance with article 20 of regulation no 1052 / 2013 . member states shall ensure full respect for the principle of non - refoulement , including in actions occurring on the high seas .


### as regards operating equipment , including means of transport , and communication systems required for effective and secure border control purchased with the support of this instrument , the following shall apply : ### as regards operating equipment , including means of transport and communication systems required for effective and secure border control , and search and rescue operations , purchased with the support of this instrument , the following shall apply :


### in order to strengthen the union’s capacity to immediately address unforeseen or disproportionate migratory pressure , in particular at those border sections where the impact level has been identified in line with regulation no 1052 / 2013 of the european parliament and of the council38 as such that it jeopardises the functioning of the schengen area as a whole , as well as pressure on the visa sections of member states’ consulates or risks to border security , it should be possible to provide emergency assistance in accordance with the framework set out in this regulation . __________________ 38 regulation no 1052 / 2013 of the european parliament and of the council of 22 october 2013 establishing the european border surveillance system . ### in order to strengthen the union’s capacity to address immediately unforeseen , urgent and specific needs in the event of an emergency situation , in particular at those border sections where the impact level has been identified in line with regulation no 1052 / 2013 of the european parliament and of the council38 as such that it jeopardises the functioning of the schengen area as a whole , as well as pressure on the visa sections of member states’ consulates or risks to border security , this instrument should exceptionally provide financial assistance as a measure of last resort in accordance with the framework set out in this regulation . __________________ 38 regulation no 1052 / 2013 of the european parliament and of the council of 22 october 2013 establishing the european border surveillance system .


### the instrument should contribute to the improvement of the efficiency of visa processing in terms of detecting and assessing security and irregular migration risks , as well as facilitating visa procedures for bona fide travellers . in particular , the instrument should deliver financial assistance to support digitalisation of visa processing with the objective to provide fast , secure and client - friendly visa procedures for the benefit of both visa applicants and consulates . the instrument should also serve to ensure wide consular coverage across the world . the uniform implementation of the common visa policy and its modernisation should also be covered by the instrument . ### the instrument should contribute to the improvement of the efficiency of visa processing in terms of facilitating visa procedures for bona fide travellers and of detecting and assessing security and irregular migration risks . in particular , the instrument should deliver financial assistance to support digitalisation of visa processing with the objective to provide fast , secure and client - friendly visa procedures for the benefit of both visa applicants and consulates . the instrument should also serve to ensure wide consular coverage across the world . the uniform implementation of the common visa policy and its modernisation should also be covered by the instrument , as should the issuance of humanitarian visas by member states and the implementation of any future european humanitarian visa scheme .


### the instrument should contribute to the improvement of the efficiency of visa processing in terms of detecting and assessing security and irregular migration risks , as well as facilitating visa procedures for bona fide travellers . in particular , the instrument should deliver financial assistance to support digitalisation of visa processing with the objective to provide fast , secure and client - friendly visa procedures for the benefit of both visa applicants and consulates . the instrument should also serve to ensure wide consular coverage across the world . the uniform implementation of the common visa policy and its modernisation should also be covered by the instrument . ### the instrument should contribute to the improvement of the efficiency of visa processing in terms of detecting and assessing security and irregular migration risks , as well as facilitating visa procedures for bona fide travellers . in particular , the instrument should deliver financial assistance to support digitalisation of visa processing with the objective to provide fast , secure and client - friendly visa procedures for the benefit of both visa applicants and consulates . the instrument should also serve to ensure wide consular coverage across the world . the uniform implementation of the common visa policy and its modernisation should also be covered by the instrument , while humanitarian visas should also be taken into consideration .


### the commission shall adopt financing decisions as referred to in article 110 of the financial regulation for the thematic facility , identifying the objectives and the actions to be supported and specifying the amounts for each of its components , as referred to in paragraph 1 . financing decisions shall set out , where applicable , the overall amount reserved for blending operations . ### the commission is empowered to adopt delegated acts in accordance with article 29 to lay down work programmes as referred to in article 110 of the financial regulation for the thematic facility , identifying the objectives and the actions to be supported and specifying the amounts for each of its components , as referred to in paragraph 1 .


### the mid - term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision - making process in accordance with the timeline set out article 40 of regulation no … / … [ cpr ] . ### the mid - term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision - making process in accordance with article 14 of this regulation and the timeline set out article 40 of regulation … / … [ cpr ] .


### to contribute to the achievement of the policy objective of the instrument , member states should ensure that their programmes address the specific objectives of the instrument , that the priorities chosen are in line with the agreed eu priorities and the implementing measures as set out in annex ii and that the allocation of resources between objectives and actions is proportionate to the challenges and needs they are faced with . ### to contribute to the achievement of the policy objective of the instrument , member states should ensure that their programmes address the specific objectives of the instrument , that the priorities chosen are in line with the agreed eu priorities and the implementing measures as set out in annex ii and that the allocation of resources between objectives and actions is proportionate to the challenges and needs they are faced with . in that regard , it is important to achieve a fair and transparent distribution of resources among the specific objectives of the instrument . accordingly , it is appropriate to ensure a minimum level of expenditure for the specific objective of supporting the common visa policy whether for measures under direct or indirect management , or for measures under shared management .


### reinforcing the capacities for carrying out checks and surveillance at the external borders , including measures to prevent and detect cross - border crime , such as migrant smuggling , trafficking in human beings and terrorism ; ### reinforcing the capacities for carrying out checks and surveillance at the external borders , including measures to facilitate legitimate border crossings and , where appropriate , measures related to the prevention and detection of cross - border crime , such as migrant smuggling , trafficking in human beings and terrorism , and measures related to the referral of persons who are in need of , or wish to apply for , international protection ;


### 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 border management and visa , and that they 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 implementing measures as 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 border management and visa , and that they are fully in line with the relevant union acquis and agreed union priorities , and the international obligations of the union and member states arising from international instruments to which they are signatories . in defining the priorities of their programmes , member states shall ensure that the implementing measures as set out in annex ii are adequately addressed .


### whenever a member state decides to implement projects with or in a third country with the support of the instrument , the member state concerned shall consult the commission prior to the start of the project . ### before a member state decides to implement projects with , in or in relation to a third country with the support of the instrument , it shall ensure that all actions proposed by , in or in relation to that third country comply with the international obligations of the union and that member state , and that they fully respect the rights and principles enshrined in the charter of fundamental rights of the european union . the member state concerned shall consult the commission prior to the start of the project including on ensuring that the above conditions are fulfilled .


### specific objective 2 : supporting the common visa policy to facilitate legitimate travel and prevent migratory and security risks : ### specific objective 2 : supporting the common visa policy to ensure a more harmonised approach among the member states with regard to the issuance of visas and to facilitate legitimate travel :


### setting up , operating and maintaining large - scale it systems in the area of border management , including the interoperability of these it systems and their communication infrastructure . ### setting up , operating and maintaining those large - scale it systems already the subject of union law in the area of border management , including the interoperability of these it systems and their communication infrastructure , and actions to enhance data quality and the provision of information .


### facilitating legitimate travel , while preventing irregular migration and security risks , was identified as one the main objectives of the union’s response to the challenges in these areas in the commission’s communication on a european agenda on migration14 . __________________ 14 com 240 final of 13 may 2015 . ### facilitating legitimate travel was identified as one the main objectives of the union’s response to the challenges in these areas in the commission’s communication on a european agenda on migration14 . __________________ 14 com 240 final of 13 may 2015 .


### the commission shall implement information and communication actions relating to this instrument , its actions and results . financial resources allocated to this instrument shall also contribute to the corporate communication on the political priorities of the union , as far as they are related to the objectives of this regulation . ### the commission shall implement information and communication actions relating to the implementation of this instrument , its actions and results . in particular , the commission shall publish information concerning the development of the annual and multiannual programmes of the thematic facility . the commission shall also publish the list of operations , projects and contracts selected for support under the thematic facility on a publicly available website and shall update that list at least every three months . financial resources allocated to this instrument shall also contribute to the corporate communication on the implementation of political priorities of the union , as far as they are related to the objectives of this regulation . in particular , the commission may promote best practices and exchange information as regards to the implementation of the instrument .


### supporting the common visa policy to facilitate legitimate travel and prevent migratory and security risks . ### supporting the common visa policy , including in the field of humanitarian visas , to facilitate legitimate travel and prevent migratory and security risks .


### an action that has received a contribution under the instrument may also receive a contribution from any other union programme , including funds under shared management , provided that the contributions do not cover the same costs . the rules of each contributing union programme shall apply to its respective contribution to the action . the cumulative funding shall not exceed the total eligible costs of the action and the support from the different union programmes may be calculated on a pro - rata basis in accordance with the documents setting out the conditions for support . ### an action that has received a contribution under the instrument may also receive a contribution from any other union programme , including funds under shared management , provided that the contributions do not cover the same costs . the rules of each contributing union programme shall apply to its respective contribution to the action . the cumulative funding shall not exceed the total eligible costs of the action and the support from the different union programmes may be calculated on a pro - rata basis in accordance with the documents setting out the conditions for support . contributions from other union programmes to actions under this instrument shall be acknowledged , where appropriate , in the commission work programmes or in the national programmes and annual performance reports .


### the instrument should be implemented in full compliance with the rights and principles enshrined in the charter of fundamental rights of the european union and with the union’s international obligations as regards fundamental rights . ### the instrument should be implemented in full compliance with the rights and principles enshrined in the charter of fundamental rights of the european union and with the union’s international obligations as regards fundamental rights , as well as with the european convention for the protection of human rights and fundamental freedoms and in particular by ensuring compliance with the principle of non - refoulement , the principle of non - discrimination , the principle of fair treatment of third - country nationals and the right to seek international protection .


### training in the field of or contributing to the development of european integrated border management , taking into account operational needs and risk analysis and in full compliance with fundamental rights ; ### training in the field of or contributing to the development of european integrated border management , taking into account operational needs , risk analysis and challenges identified in country - specific recommendations all in full compliance with fundamental rights ;


### member states shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers , on the grounds that they exercised the rights provided for in this directive . ### member states shall take the necessary measures to prohibit , and declare as legally ineffective , the dismissal or its equivalent and all preparations for dismissal or other detriments or less favourable treatments of workers , on the grounds that they exercised the rights provided for in this directive . the employer shall provide sufficient information on the grounds for dismissal , otherwise the dismissal shall be deemed to be legally ineffective . the necessary measures shall also include the right to reinstatement and compensation .


### the consultation on the european pillar of social rights showed the need to strengthen enforcement of union labour law to ensure its effectiveness . as regards directive 91 / 533 / eec , the refit evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness . it showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions for employers who fail to issue written statements . it also showed that employees rarely seek redress during the employment relationship , which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship . it is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided , or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not . that redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information . __________________ 41 swd205 final , page 26 . ### the consultation on the european pillar of social rights showed the need to strengthen enforcement of union labour law to ensure its effectiveness . as regards directive 91 / 533 / eec , the refit evaluation confirmed that strengthened enforcement mechanisms could improve its effectiveness . it showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions for employers who fail to issue written statements . it also showed that employees rarely seek redress during the employment relationship , which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship . it is therefore necessary to introduce enforcement provisions which ensure the use of favourable presumptions where information about the employment relationship is not provided , and an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not . that redress should be subject to a procedure by which the employer is notified that information is missing and should have a set term in which the employer is to supply complete and correct information . __________________ 41 swd205 final , page 26 .


### if the work schedule is entirely or mostly variable , the principle that the work schedule is variable , the amount of guaranteed paid hours , the remuneration of work performed in addition to the guaranteed hours and , if the work schedule is entirely or mostly determined , by the employer : ### if the work schedule is entirely or mostly variable , the principle that the work schedule is variable , the amount of guaranteed paid hours , the additional , higher remuneration of work performed in addition to the guaranteed hours and , if the work schedule is entirely or mostly determined , by the employer :


### member states may determine which persons are responsible for the execution of the obligations for employers laid down by this directive as long as all those obligations are fulfilled . they may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship . this paragraph is without prejudice to directive 2008 / 104 / ec . ### member states may determine which persons are responsible for the execution of the obligations for employers laid down by this directive as long as all those obligations are fulfilled . they may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship . when there is more than one natural or legal person that , directly or indirectly , bears the obligations for employers set out in this directive , all of these persons are jointly and severally liable for these obligations . this paragraph is without prejudice to directive 2008 / 104 / ec .


### where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed , it is important to ensure that such training is provided equally , including to those in non - standard forms of employment . the costs of such training should not be charged to the worker nor withheld or deducted from the worker ' s remuneration . ### where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed , it is important to ensure that such training is provided equally , including to those in non - standard forms of employment , and that such training is carried out during working hours . the costs of such training should not be charged to the worker nor withheld or deducted from the worker ' s remuneration . the worker should continue to be entitled to receive remuneration during their training .


### member states shall ensure that the information on the laws , regulations and administrative or statutory provisions or collective agreements governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear , transparent , comprehensive and easily accessible way at a distance and by electronic means , including through existing online portals for union citizens and businesses . ### member states shall ensure that the information on the laws , regulations and administrative or statutory provisions or collective agreements which have been declared universally applicable and governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear , transparent , comprehensive and easily accessible way at a distance and by electronic means , including through existing online portals for union citizens , trade unions and businesses .


### member states may decide not to apply the obligations set out in articles 10 and 11 and article 14 to natural persons belonging to a household where work is performed for that household . ### member states may decide to adapt the obligations set out in articles 10 and 11 to natural persons acting as employers for domestic work performed for their household , if objective specific difficulties exist to comply with them .


### the consultation on the european pillar of social rights showed the need to strengthen enforcement of union labour law to ensure its effectiveness . as regards directive 91 / 533 / eec , the refit evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness . it showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions for employers who fail to issue written statements . it also showed that employees rarely seek redress during the employment relationship , which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship . it is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided , or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not . that redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information . __________________ 41 swd205 final , page 26 . ### the consultation on the european pillar of social rights showed the need to strengthen enforcement of union labour law to ensure its effectiveness . as regards directive 91 / 533 / eec , the refit evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness . it showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions for employers who fail to issue written statements . it also showed that employees rarely seek redress during the employment relationship , which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship . it is therefore necessary to introduce enforcement provisions which ensure the use of favourable presumptions where information about the employment relationship is not provided , and of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not . that redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information . __________________ 41 swd205 final , page 26 .


### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment . the relevant information should therefore reach them at the latest on the first day of the employment . ### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing , in paper or electronically , at the start of employment . the essential information should reach them at the latest on the first day of the employment .


### employers should not prohibit workers from taking up employment with other employers , outside the time spent working for them , within the limits set out in directive 2003 / 88 / ec of the european parliament and of the council . 39 incompatibility clauses , understood as a restriction on working for specific categories of employers , may be necessary for objective reasons , such as the protection of business secrets or the avoidance of conflicts of interests . __________________ 39 directive 2003 / 88 / ec of the european parliament and of the council of 4 november 2003 concerning certain aspects of the organisation of working time . ### employers should not prohibit , prevent or hinder workers from taking up employment with other employers , outside the time spent working for them , within the limits set out in directive 2003 / 88 / ec of the european parliament and of the council . 39 member states may establish incompatibility clauses , understood as a restriction on working for specific categories of employers , for objective reasons , such as the protection of business secrets or the avoidance of conflicts of interests . __________________ 39 directive 2003 / 88 / ec of the european parliament and of the council of 4 november 2003 concerning certain aspects of the organisation of working time .


### the rights and obligations set out in this directive shall apply to existing employment relationships as from [ entry into force date + 2 years ] . however , employers shall provide or complement the documents referred to in article 4 , article 5 and article 6 only upon request of a worker . the absence of such request shall not have the effect of excluding workers from the minimum rights established under this directive . ### the rights and obligations set out in this directive shall apply to existing employment relationships as from [ entry into force date + 2 years ] .


### workers whose work schedule is mostly variable should benefit from a minimum predictability of work where the work schedule is mainly determined by the employer , be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients ' requests . ### workers whose work schedule is mostly variable , or whose reference hours / days are variable , should benefit from a minimum predictability of work where the work schedule is mainly determined by the employer , be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients ' requests .


### member states shall ensure that , where an employment relationship is subject to a probationary period , that period shall not exceed six months , including any extension . ### member states shall ensure that , where an employment relationship is subject to a probationary period , that period shall not exceed in any case six months , including any extension , for high skilled positions and three months for medium and low skilled positions , according with the international standard classification of education 2011 . in the case of fixed - term contracts , the probationary period shall not exceed a quarter of the duration of the contract . in case of renewal of a contract , a new probationary period is not allowed .


### member states shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers , on the grounds that they exercised the rights provided for in this directive . ### member states shall take the necessary measures to stop and declare as null and void the dismissal or its equivalent and all preparations for dismissal or other detriments or less favourable treatments of workers , on the grounds that they exercised the rights provided for in this directive . as well as the necessary measures shall include the right to reinstatement and compensation .


### if the worker is informed by their employer of a work assignment a reasonable period in advance , in accordance with article 3 . ### the worker is informed of the pattern of the normal working hours for the respective week at least two weeks in advance , except in cases of emergency ;


### if the worker is informed by their employer of a work assignment a reasonable period in advance , in accordance with article 3 . ### if the worker is informed by their employer of a work assignment within a reasonable period in advance , in accordance with article 3 , and / or if the worker is provided with a compensation ;