P8_TC1-COD(2018)0248

Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council establishing the Asylum, and Migration and Integration Fund [Am. 1]

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2), and Article 79(2) and (4) and Article 80 thereof, [Am. 2]

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (*1),

Whereas:

(1) In the context of the evolving migratory challenges characterised by the need to support strong reception, asylum, integration and migration systems of Member States, prevent and adequately handle in solidarity situations of pressure and replace irregular and unsafe arrivals with legal and safe pathways, investing in efficient and coordinated migration management in the Union is key to realising the Union’s objective of constituting an area of freedom, security and justice pursuant to Article 67(2) of the Treaty on the Functioning of the European Union. [Am. 3]

(2) The importance of a coordinated approach by the Union and the Member States is reflected in the European Agenda on Migration of May 2015, which stressed the need for a consistent and clear common policy to restore confidence in the Union’s ability to bring together European and national efforts to address migration and work together in an effective way, in accordance with the principles principle of solidarity and fair sharing of responsibility between the Member States as established in Article 80 of the Treaty on the Functioning of the European Union , and was confirmed in its mid-term review of September 2017 and the progress report of March and May 2018. [Am. 4]

(3) In its conclusions of 19 October 2017, the European Council reaffirmed the need to pursue a comprehensive, pragmatic and resolute approach to migration management that aims to restore control of external borders and reduce irregular arrivals and the number of deaths at sea, and should be based on a flexible and coordinated use of all available Union and Member State instruments. The European Council further called to ensure significantly enhanced returns through actions at both EU and Member States level, such as effective readmission agreements and arrangements. The European Council called moreover for voluntary resettlement programmes to be implemented and developed. [Am. 5]

(4) In order to support efforts to ensure a comprehensive approach to management of migration grounded on mutual trust, solidarity and responsibility sharing among Member States and Union institutions, with the objective of ensuring a common sustainable Union policy on asylum and immigration, Member States should be supported by adequate financial resources in the form of the Asylum, and Migration and Integration Fund (hereinafter referred to as ‘the Fund’). [Am. 6]

(4a) The Fund should fully respect human rights, comply with Agenda 2030, the principle of policy coherence for development, as set out in Article 208 TFEU, and the commitments at the international level in relation to migration and asylum, notably the Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration (GCM). [Am. 7]

(4b) Managing the Fund from a development perspective should take into account the various root causes of migration such as conflict, poverty, lack of agricultural capacity, education and inequality. [Am. 8]

(5) Actions supported by the Fund should be implemented in full compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union , including the right to the protection of personal data, and with the Union’s and Member States international obligations as regards fundamental rights , including the UN Convention on the Rights of the Child (UNCRC) and the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the Protocol of 31 January 1967 . [Am. 9]

(5a) The principles of gender equality and of non-discrimination, which are among the Union’s core values, should be respected and promoted when implementing the Fund. The Fund should not support any action that contributes to any form of segregation or social exclusion. [Am. 10]

(5b) In the implementation of the Fund, priority should be given to actions which address the situation of unaccompanied and separated minors through early identification and registration and to actions carried out in the best interests of the child. [Am. 11]

(6) The Fund should build on the results and investments achieved with the support of its predecessors: the European Refugee Fund established by the Decision 573/2007/EC of the European Parliament and the Council, the European Fund for the Integration of third-country nationals established by the Council Decision 2007/435/EC, the European Return Fund established by the Decision 575/2007/EC of the European Parliament and the Council for the period 2007-2013 and the Asylum, Migration and Integration Fund for the period 2014-2020, as established by Regulation (EU) No 516/2014 of the European Parliament and of the Council. It should at the same time take into account all relevant new developments.

(7) The Fund should support solidarity between Member States and 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 humanitarian admission 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, so as 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 networks of smugglers and traffickers in human beings and ensure the sustainability of safe and dignified return and effective readmission to as well as reintegration in third countries. [Am. 12]

(8) The migration crisis and the rising number of deaths in the Mediterranean over the past years highlighted the need to reform the Common European Asylum System and to put in place a fairer and more effective system of determining Member States’ responsibility for applicants for international protection as well as a framework for Member States’ resettlement and humanitarian admission efforts with a view to increasing the overall number of available resettlement places globally. At the same time, reform is needed to ensure that efficient and rights based asylum procedures to prevent secondary movements, are in place and accessible , and to provide uniform and appropriate reception conditions for applicants for international protection, uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection,. At the same time, the reform was needed to put in place a fairer and more effective system of determining Member States’ responsibility for applicants for international protection as well as a Union framework for Member States’ resettlement efforts effective and efficient return procedures for irregular migrants . Therefore, it is appropriate for the Fund to provide increased support to Member States’ efforts to fully and properly implement the reformed Common European Asylum System. [Am. 13]

(9) The Fund should also complement and reinforce the activities undertaken by the European Union Agency for Asylum (EUAA) established by Regulation (EU)../.. [EUAA Regulation] (3) Support Office with a view to facilitating and improving the functioning of the common European asylum system, by coordinating and strengthening practical cooperation and coordinating information exchange on asylum, in particular on good practices between Member States, promoting Union and international law and contributing through relevant guidance, including operational standards , to a uniform implementation of Union law 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 supporting the resettlement efforts of the Member States and provide 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. [Am. 14]

(9a) 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. [Am. 15]

(10) The Fund should support the efforts by the Union and the Member States relating to the enhancement in the implementation of the Member States’ capacity to develop, monitor and evaluate their asylum policies in the light of their obligations under existing Union law , ensuring full respect of fundamental rights, in particular Directives 2013/33/EU (4) (Reception Conditions Directive), 2013/32/EU (5) (Asylum Procedures Directive), 2011/95/EU (6) (Qualification Directive) and 2008/115/EC (7) (Return Directive) of the European Parliament and of the Council, and Regulation (EU) No 604/2013 of the European Parliament and of the Council (8) (Dublin Regulation) . [Am. 16]

(11) Partnerships and cooperation with third countries are an essential component of Union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection. With the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the Member States of third-country nationals or stateless persons in need of international protection, expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries, helping achieve the Union’s migration policy objectives by increasing the Union’s leverage vis-à-vis third countries, and of effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries, the Fund should provide financial incentives to the implementation of the Union Resettlement [and Humanitarian Admission] Framework. [Am. 17]

(11a) The Fund should support the efforts made by Member States to provide international protection and a durable solution in their territories to refugees and displaced persons identified as eligible for resettlement or under national humanitarian admission schemes, which should take into account UNHCR Projected Global Resettlement Needs. To contribute in an ambitious and effective manner, the Fund should provide targeted assistance in the form of financial incentives for each person admitted or resettled. [Am. 18]

(12) Considering the high levels of migration flows to the Union in the last years and the importance of ensuring the cohesion of our societies, it is crucial to support Member States’ policies for early integration of legally staying third-country nationals, including in the priority areas identified in the Action Plan on Integration of third-country nationals adopted by the Commission in 2016. [Am. 19]

(13) In order to increase efficiency, achieve the greatest Union added value and to ensure the consistency of the Union’s response to foster the integration of third-country nationals, actions financed under the Fund should be specific and complementary to actions financed under the European Social Fund Plus (ESF+) and the European Regional Development Fund (ERDF) Union's structural funds . Measures financed under this Fund should support measures tailor-made to the needs of third-country nationals that are generally implemented in the early stage stages of integration, and horizontal actions supporting Member States’ capacities in the field of integration, whereas complemented by interventions for to promote the social and economic inclusion of third-country nationals with a longer-term impact should be financed under the ERDF and ESF+ structural funds . [Am. 20]

(13a) The scope of the integration measures should also include beneficiaries of international protection in order to ensure a comprehensive approach to integration, taking into account the specificities of that target group. Where integration measures are combined with reception, actions should, where appropriate, also allow asylum seekers to be included. [Am. 21]

(14) In this context, the authorities of the Member States responsible for the implementation of the Fund should be required to cooperate and establish coordination mechanisms with the authorities identified by Member States for the purpose of the management of the interventions of the ESF+ and of the ERDF structural funds, and wherever necessary with their managing authorities and with the managing authorities of other Union funds contributing to the integration of third-country nationals. Through these coordination mechanisms, the Commission should assess the coherence and complementarity between the funds, and the extent to which measures implemented through each fund contribute to the integration of third country nationals. [Am. 22]

(15) The implementation of the Fund in this area should be consistent with the Union’s common basic principles on integration, as specified in the common programme for integration.

(16) It is appropriate to allow those Member States that so wish to provide in their programmes that integration actions may include immediate relatives of third-country nationals , thus supporting family unity in the best interests of the child , to the extent that this is necessary for the effective implementation of such actions. The term ‘immediate relative’ should be understood as meaning spouses, partners and any person having direct family links in descending or ascending line with the third-country national targeted by the integration action, and who would otherwise not be covered by the scope of the Fund. [Am. 23]

(17) Considering the crucial role played by local and regional authorities and civil society organisations their representative associations in the field of integration and to facilitate the direct access of these entities to funding at Union level, the Fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations, including through the use of the thematic facility and through a higher co-financing rate for these actions and the use of a dedicated component of the thematic facility where those local and regional authorities have the competence to carry out integration measures . [Am. 24]

(18) Considering the long-term economic and demographic challenges faced by the Union and the increasingly globalised nature of migration , it is crucial to establish well-functioning legal migration channels to the Union to maintain the Union as an attractive destination for migrants regular migration, in accordance with Member States’ economic and social needs, and ensure the sustainability of welfare systems and growth of the Union economy , while protecting migrant workers from labour exploitation . [Am. 25]

(19) The Fund should support Member States in setting up strategies organising and expanding legal migration pathways , enhancing their capacity to develop, implement, monitor and evaluate in general all immigration and integration strategies, policies and measures for legally staying third-country nationals, including in particular Union legal instruments for legal migration . The Fund should also support the exchange of information, best practices and cooperation between different departments of administration and levels of governance, and between Member States. [Am. 26]

(20) An efficient and dignified return policy is an integral part of the comprehensive migration approach the Union and its Member States pursue. The Fund should support and encourage efforts by the Member States with a view to the effective implementation and further development of common standards on return, with an emphasis on voluntary returns, in particular as set out in Directive 2008/115/EC of the European Parliament and of the Council (9), and of an integrated and coordinated approach to return management. For sustainable return policies, The Fund should equally support related measures in third countries, such as the to facilitate and guarantee safe and dignified return and readmission as well as sustainable reintegration, of returnees as enshrined in the GCM . [Am. 27]

(21) Member States should give preference to voluntary return and ensure effective, safe and dignified return of irregular migrants. Therefore, the Fund should give preferential support to actions related to voluntary return . In order to promote voluntary return this , 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 and long-term reintegration support . This kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost-effectiveness. The best interests of the child should be a primary consideration in all actions or decisions concerning children in migration, including returns, taking full account of the right of the child to express his or her views. [Am. 28]

(22) While voluntary and returns should take priority over enforced returns , they 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. [Am. 29]

(23) 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. [Am. 30]

(24) Formal readmission agreements and other arrangements are an integral and crucial 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 should be supported in the interests of effective , safe and dignified return policies at national and Union level within defined limits and subject to the appropriate safeguards . [Am. 31]

(25) In addition to supporting the return of persons as provided for in this Regulation integration of third country nationals or stateless persons within Member States , the Fund should also support other measures to counter irregular migration, address incentives for illegal migration or the circumventing of existing trafficking of migrants, to encourage and facilitate the establishment of legal migration rules, thereby safeguarding the integrity of Member States’ immigration systems in the countries of origin, in full compliance with the Principle of Coherence for Sustainable Development . [Am. 32]

(26) The employment of irregular migrants creates a pull factor for illegal migration and undermines the development of a labour mobility policy built on legal migration schemes and endangers the rights of migrant workers, making them vulnerable to rights violations and abuse . The Fund should therefore support Member States, either directly or indirectly, in their implementation of Directive 2009/52/EC of the European Parliament and of the Council (10) which prohibits the employment of illegally staying third-country nationals , provides for a complaints and wage recuperation mechanism for exploited workers and provides for sanctions against employers who infringe that prohibition. [Am. 33]

(26a) The Member States should support the requests of civil society and workers' associations, such as that concerning the establishment of a European network of reception workers of both genders, in order to connect all workers in Europe operating in the field of migration, to foster a decent welcome and an approach to migration based on human rights and the exchange of good practices in terms of reception and employment opportunities for migrants. [Am. 34]

(27) The Fund should support Member States, either directly or indirectly, in their implementation of Directive 2011/36/EU of the European Parliament and of the Council (11), which sets forth provisions on assistance, support and protection of victims of trafficking in human beings. These measures should take into account the gender-specific nature of trafficking in human beings. When implementing the Fund, Member States should take into consideration that persons who are obliged to leave their habitual homes for reasons of sudden or progressive climate-related change in the environment that adversely affects their lives or living conditions, have a high risk of falling victims to trafficking in human beings. [Am. 35]

(27a) The Fund should support in particular the identification and measures addressing the needs of vulnerable asylum seekers — such as unaccompanied minors, or victims of torture or of other serious forms of violence — as set out in the Union asylum acquis. [Am. 36]

(27b) In order to achieve a fair and transparent distribution of resources among the objectives of the Fund, a minimum level of expenditure should be ensured for certain objectives, whether under direct, indirect, or shared management. [Am. 37]

(28) The Fund should complement and reinforce the activities undertaken in the field of return by the European Border and Coast Guard Agency established by Regulation (EU) 2016/1624 of the European Parliament and of the Council (12) , therefore contributing to effective without providing an additional funding stream to the European Integrated Border Management, as defined in Article 4 of that Regulation and Coast Guard Agency, for which the budgetary authority decides on an annual budget which should enable it to carry out all of its tasks . [Am. 38]

(29) Synergies, consistency , complementarity and efficiency should be sought with other Union funds and any overlap or contradiction between actions should be avoided. [Am. 39]

(30) The Fund should prioritise financing for actions within the Union itself. The Fund may finance measures in and in relation to third countries supported through the Fund which should be limited in financial terms, while adequate to reach the objectives of the Fund as laid down in Article 3 of this Regulation, and subject to appropriate safeguards. Such measures should complement other actions outside the Union supported through the Union’s external financing instruments. In particular, in implementing such actions, full coherence and complementarity should be sought with the principles and general objectives of the Union’s external action and foreign policy in respect of the country or region in question and the Union international commitments. In relation to the external dimension, the Fund The principle of policy coherence for development , as set out in paragraph 35 of the European Consensus on Development, should target support to enhance cooperation with third countries and to reinforce key aspects of migration management in areas of interest to the Union's migration policy be respected. Coherence with the humanitarian principles as set out in the European Consensus on Humanitarian Aid should be ensured during the implementation of emergency assistance . [Am. 40]

(31) Funding from the Union budget should concentrate on activities where Union intervention can bring added value compared to action undertaken by Member States alone. Financial support provided under this Regulation should contribute, in particular, to Member State solidarity on asylum and migration in accordance with Article 80 TFEU, and to strengthening national and Union capabilities in the areas of asylum and migration. [Am. 41]

(32) 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.

(33) The Fund should reflect the need for increased transparency, flexibility and simplification while respecting requirements in terms of predictability, and ensuring a fair and transparent distribution of resources to meet the policy and specific objectives laid down in this Regulation. The implementation of the Fund should be guided by the principles of efficiency, effectiveness and quality of spending. Furthermore, the implementation of the Fund should be as user-friendly as possible. [Am. 43]

(34) This Regulation should establish the initial amounts to Member States consisting of a fixed amount and an amount calculated on the basis of criteria laid down in Annex I, which reflect the needs and pressure experienced by different Member States in the areas of asylum, migration, integration and return. Particular attention should be given to insular societies facing disproportionate migration challenges. [Am. 44]

(35) These initial amounts should form a basis for Member States’ long-term investments. To take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of legally staying third-country nationals, to develop legal migration and counter irregular migration through efficient , rights compliant and sustainable return policy, an additional amount should be allocated to the Member States at mid-term taking into account the absorption rates. This amount should be based on the latest available statistical data as set out in Annex I to reflect the changes in the baseline situation of Member States. [Am. 45]

(36) To contribute to the achievement of the policy objective of the Fund, Member States and the Commission should ensure that their Member States’ programmes include actions addressing which contribute to achieving each of the specific objectives of this Regulation . They should ensure furthermore that the allocation of funding to the specific objectives serves those objectives in the best possible way and is based on the most up-to-date needs, that the programmes include a minimum level of expenditure with respect to those objectives, that the sharing of resources to objectives is in proportion to the challenges faced , that the priorities chosen are in line with the implementation measures as set out in Annex II and that the allocation of resources between the objectives ensures that the overall policy objective can be met. [Am. 46]

(37) 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, actions of local and regional authorities, emergency assistance, resettlement and to provide additional support for Member States contributing to solidarity and responsibility efforts via a thematic facility. [Am. 47]

(38) Member States should be encouraged to use part of their programme allocation to fund the actions listed in Annex IV by benefiting from a higher Union contribution.

(38a) Efforts made by Member States to fully and properly implement the Union asylum acquis, including to grant appropriate reception conditions to applicants for, and beneficiaries of, international protection, to ensure the correct determination of status, in accordance with Directive 2011/95/EU, to apply fair and effective asylum procedures, should be supported by the Fund, in particular when those efforts are directed to unaccompanied minors for whom costs are higher. Member States should therefore receive a lump sum for each unaccompanied minor who is granted international protection, however this lump sum should not be cumulative to additional funding provided under this Regulation for resettlement. [Am. 48]

(39) Part of the available resources under the Fund could also be allocated to Member States’ programmes for the implementation of specific actions in addition to the 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.

(40) The Fund should contribute to supporting operating costs related to asylum and return immigration and enable Member States to maintain capabilities which are crucial for that service for the Union as a whole. Such support consists of full reimbursement of specific costs related to the objectives under the Fund and should form an integral part of the Member States’ programmes. [Am. 49]

(41) To complement the implementation of the policy objective of this Fund at national level through Member States’ programmes, the Fund should also provide support for actions at Union level. Such actions should serve overall strategic purposes within the scope of intervention of the Fund relating to policy analysis and innovation, transnational mutual learning and partnerships and the testing of new initiatives and actions across the Union while respecting the need to provide adequate funding, in a fair and transparent manner, to achieve the objectives of the Fund. Through these actions the protection of fundamental rights in the implementation of the Fund should be ensured . [Am. 50]

(42) 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 third country nationals, in one or more Member States which places significant and urgent demands on their reception and detention facilities, asylum and migration management systems and procedures, heavy or migratory pressures challenges or significant resettlement needs in third countries due to political developments, or conflicts or natural disasters , it should be possible to provide emergency assistance in accordance with the framework set out in this Regulation. [Am. 51]

(43) This Regulation should ensure the continuation of the European Migration Network set up by Council Decision 2008/381/EC (13) and should provide financial assistance in accordance with its objectives and tasks.

(44) The policy objective of this Fund will be also addressed through financial instruments and budgetary guarantee under the policy windows of the InvestEU. Financial support should be used to address market failures or sub-optimal investment situations, in a proportionate manner and actions should not duplicate or crowd out private financing or distort competition in the Internal market. Actions should have a clear European added value. [Am. 52]

(45) This Regulation lays down a financial envelope for the entire Asylum and Migration Fund which is to constitute the prime reference amount, within the meaning of [reference to be updated as appropriate according to the new inter-institutional agreement: point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (14)], for the European Parliament and the Council during the annual budgetary procedure.

(46) Regulation (EU) No …/… [Financial Regulation] applies to this Fund. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees.

(47) For the purpose of implementation of actions under shared management, the Fund should form part of a coherent framework consisting of this Regulation, Financial Regulation and Regulation (EU) …/2021 [Common Provisions Regulation]. In the event of conflicting provisions, this Regulation should take precedence over Regulation(EU) No X [CPR]. [Am. 53]

(48) Regulation (EU) …/2021 [Common Provisions Regulation] establishes Beyond the framework for action for ERDF, ESF+, the Cohesion Fund, the European Maritime and Fisheries Fund (EMFF), setting up financial rules common to several Union funds, including the Asylum, and Migration Fund (AMF), the Internal Security Fund (ISF) and the Border Management and Visa Instrument (BMVI) as a part of the Integrated Border Management Fund (IBMF), and lays down, in particular, the rules concerning programming, monitoring and evaluation, management and control for Union funds implemented under shared management. and Integration Fund ( AMIF ), it is therefore necessary to specify the objectives of AMF AMIF , and to lay down specific provisions concerning the type of activities that may be financed by AMF AMIF . [Am. 54]

(49) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.

(50) In accordance with the Financial Regulation (15), Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (16), Council Regulation (Euratom, EC) No 2988/95 (17), Council Regulation (Euratom, EC) No 2185/96 (18) and Council Regulation (EU) 2017/1939 (19), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative and/or criminal sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other criminal offences affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (20). In accordance with the Financial Regulation, any person or entity receiving Union funds is to cooperate fully in the protection of the Union’s financial interests to grant the necessary rights and access to the Commission, OLAF and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. Member States are to cooperate fully and give all the necessary assistance to the Union’s institutions, agencies and bodies in order to protect the Union’s financial interests. The results of investigations into irregularities or fraud in relation to the Fund should be made available to the European Parliament. [Am. 55]

(51) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 of the TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.

(51a) Where there is clear evidence that the legality of projects, or the legality and regularity of funding, or the performance of projects would be put in doubt as a result of a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU, the Commission should ensure that there is no funding available for these projects. [Am. 56]

(52) Pursuant to Article 94 of Council Decision 2013/755/EU (21), persons and entities established in overseas countries and territories (OCTs) are eligible for funding subject to the rules and objectives of the Fund and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked.

(53) Pursuant to Article 349 of the TFEU and in line with the Commission Communication ‘A stronger and renewed strategic partnership with the EU's outermost regions’ (22), endorsed by the Council in its conclusion of 12 April 2018, relevant Member States should ensure that their national strategies and programmes address the specific challenges the outermost regions face in managing migration. The Fund supports these Member States with adequate resources to help these regions manage migration sustainably and handle possible situations of pressure.

(53a) Civil society organisations, local and regional authorities and national parliaments in the Member States and in third countries should be consulted during the process of programming, implementing and evaluating the programmes financed through the Fund. [Am. 57]

(54) Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate this Fund on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurable indicators, including qualitative and quantitative indicators, as a basis for evaluating the effects of the Fund on the ground. In order to measure the achievements of the Fund, common indicators and related targets should be established in relation to each specific objective of the Fund. Through these common indicators and financial reporting, the Commission and the Member States should monitor the implementation of the Fund, in accordance with the relevant provisions of Regulation (EU) …/2021 of . To adequately fulfil its supervisory role, the Commission should be in a position to establish the amounts actually spent from the Fund in a given year. When reporting the annual accounts of their national programme to the Commission, Member States should therefore distinguish between recoveries, pre-financing payments to final beneficiaries and reimbursements of expenditure that was actually incurred. To facilitate the audit and the monitoring of the implementation of the Fund, the Commission should include these amounts in its annual implementation report for the Fund as well as monitoring results and implementation of actions of the Fund at local, regional, national and Union level, including specific projects and partners. The Commission should present a summary of the accepted annual performance reports to the European Parliament and of the Council [Common Provisions Regulation] and this Regulation every year. Reports outlining monitoring results and implementation of actions under the Fund at both Member States and Union level should be made publicly available and presented to the European Parliament . [Am. 58]

(55) Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Fund will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives over the MFF 2021-2027 period and an annual target of 30 % as soon as possible and at the latest by 2027 . Relevant actions will be identified during the Fund's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. [Am. 59]

(56) In order to supplement and amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the work programmes for the thematic facility, list of actions eligible for support by the instrument in Annex III, list of actions eligible for higher co-financing as listed in Annex IV, operating support provided for in Annex VII and in order to develop further the common monitoring and evaluation framework. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and with civil society organisations, including migrants and refugees organisations , and that these consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law Making of 13 April 2016. [Am. 60]

(57) 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 (EU) No 182/2011 of the European Parliament and of the Council (23). 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 arrangements for providing information to the Commission in the framework of programming and reporting, given their purely technical nature.

(58) Since the objective objectives of this Regulation, namely to enhance solidarity between Member States contribute to an effective management of migration flows in the Union, in accordance with and to the implementation, strengthening and development of the common policy on asylum, and international subsidiary protection and temporary protection and of the common immigration policy, cannot be sufficiently achieved by the Member States acting alone and can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. [Am. 61]

(59) In accordance with Article 3 of the Protocol on the position of [the United Kingdom] and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland [is not taking part in the adoption of this Regulation and is not bound by it or subject to its application / has notified its wish to take part in the adoption and application of this Regulation].

(60) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(61) It is appropriate to align the period of application of this Regulation with that of Council Regulation (EU, Euratom) …/2021 [Multiannual Financial Framework Regulation],

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1 Subject matter 1. This Regulation establishes the Asylum, and Migration and Integration Fund (‘the Fund’). [Am. 62] 2. This Regulation lays down the objectives of the Fund, the budget for the period from 2021 to 2027, the forms of Union funding and the rules for providing such funding.

Article 2 Definitions For the purpose of this Regulation, the following definitions shall apply: (a) ‘applicant for international protection’ means an applicant as defined in point [x] (c) of Article 2 of Regulation (EU) ../.. [Asylum Procedure Regulation] (24) Directive 2013/32/EU ; [Am. 63] (b) ‘beneficiary of international protection’ within the meaning of point (2) (b) of Article [2] of Regulation (EU) ../.. [Qualification Regulation] (25) 2 of Directive 2011/95/EU ; [Am. 64] (c) ‘blending operation’ means actions supported by the Union budget, including within blending facilities as defined in point (6) of Article 2 of the Financial Regulation, combining non-repayable forms of support or financial instruments from the Union budget with repayable forms of support from development or other public finance institutions, as well as from commercial finance institutions and investors; (d) ‘family member’ means any third-country national as defined under the Union law relevant to the policy area of action supported under the Fund; (e) ‘humanitarian admission’ within the meaning of Article [2] of Regulation (EU) ../.. [Union Resettlement [and Humanitarian Admission] Framework] (26) scheme ’ means the admission to the territory of the Member States from a third country to which they have been displaced, following, where requested by a Member State, a referral from the UNHCR or another relevant international body, of third-country nationals or stateless persons who are granted international protection or a humanitarian status under national law that provides for rights and obligations equivalent to those of Articles 20 to 32 and Article 34 of Directive 2011/95/EU for beneficiaries of subsidiary protection ; [Am. 65] (f) ‘removal’ means ‘removal’ as defined in point (5) of Article 3 of Directive 2008/115/EC; (g) ‘resettlement’ means ‘resettlement’ as defined in Article [2] of Regulation (EU) ../.. [Union Resettlement [and Humanitarian the admission, ] Framework] following a referral from the United Nations High Commissioner for Refugees (‘UNHCR’), of third-country nationals or stateless persons from a third country to which they have been displaced, to the territory of the Member States, and who are granted international protection and have access to a durable solution in accordance with Union and national law ; [Am. 66] (h) ‘return’ means ‘return’ as defined in point (3) of Article 3 of Directive 2008/115/EC; (i) ‘third-country national’ means any person who is not a citizen of the Union as defined in Article 20(1) of the TFEU. Reference to third-country nationals shall be understood to include stateless persons and persons with undetermined nationality; (j) ‘vulnerable person’ means any person as defined under the Union law relevant to the policy area of action supported under the Fund. (ja) ‘unaccompanied minor’ means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such an adult, including a minor who is left unaccompanied after he or she has entered the territory of the Member States. [Am. 67]

Article 3 Objectives of the Fund 1. The policy objective of the Fund shall be to contribute to an efficient management of migration flows implementation, strengthening and development of all aspects of the common European asylum policy under Article 78 TFEU and of the common European immigration policy under Article 79 TFEU in line with the relevant Union acquis and in compliance with principle of solidarity and fair-sharing of responsibility, while fully respecting the Union’s commitments on and the Member States’ obligations under international law and the rights and principles enshrined in the Charter of Fundamental Rights of the European Union . [Am. 68] 2. Within the policy objective set out in paragraph 1, the Fund shall contribute to the following specific objectives: (a) to strengthen and develop all aspects of the Common European Asylum System, including its external dimension; (b) to support strengthen and develop legal migration to the policies on the European and national level in accordance with Member States’ including to contribute to the integration of third-country nationals economic and social needs ; [Am. 69] (c) to contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries. and promote the effective integration and social inclusion of third-country nationals in complementarity with other Union funds; [Am. 70] (ca) to contribute to countering irregular migration and ensuring effective, safe and dignified return, readmission and reintegration in third countries; [Am. 71] (cb) to ensure solidarity and fair sharing of responsibility between the Member States, in particular towards those most affected by migration challenges, including through practical cooperation; [Am. 72] 3. Within the specific objectives set out in paragraph 2, the Fund shall be implemented through the implementation measures listed in Annex II.

Article 3a Partnership For this Fund, partnerships shall include at least local and regional authorities or their representative associations, relevant international organisations, non-governmental organisations, in particular refugee and migrants organisations, national human rights institutions and equality bodies, and economic and social partners. These partners shall be involved in a meaningful way in the preparation, implementation, monitoring and evaluation of programmes. [Am. 73]

Article 4 Scope of support 1. Within the objectives referred to in Article 3, and in line In accordance with the implementation measures listed in Annex II, the Fund shall in particular support the actions that contribute to the achievement of the objectives referred to in Article 3 and are listed in Annex III. The Commission shall be empowered to adopt delegated acts in accordance with Article 32 to amend the list of actions eligible for support from the Fund in Annex III. [Am. 74] 2. To achieve the objectives referred to in Article 3 of this Regulation, the Fund may , in exceptional cases, within defined limits and subject to appropriate safeguards, support the actions in line with the Union priorities as referred to in Annex III in relation to and in third countries, where appropriate, in accordance with Article 5 and 6. [Am. 75] 2a. Without prejudice to the provisions of Article 16, the total amount of funding for supporting actions in or in relation to third countries under the thematic facility in accordance with Article 9 shall not exceed 5 % of the total amount allocated to the thematic facility under point (b) of Article 8(2). [Am. 76] 2b. Without prejudice to the provisions of Article 16, the total amount of funding for supporting actions in or in relation to third countries under the Member States’ programmes in accordance with Article 13 shall not exceed, for each Member State, 5 % of the total amount allocated to that Member State in accordance with point (a) of Article 8(2), Article 11(1) and Annex I. [Am. 77] 2c. Actions supported under this paragraph shall be fully coherent with measures supported through the external financing instruments of the Union and with the general principles and general objectives of the Union’s external action. [Am. 78] 3. The objectives of this Regulation shall support actions focusing on one or more target groups within the scope of Articles 78 and 79 of the Treaty on the Functioning of the European Union.

Article 4a Gender equality and non-discrimination The Commission and the Member States shall ensure that gender equality and the integration of the gender perspective are an integral part of, and are promoted during, the various stages of the implementation of the Fund. The Commission and the Member States shall take all appropriate steps to prevent any discrimination based on sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or other opinion, membership of a national minority, property, birth, disability, age or sexual orientation in access to the Fund and during the various stages of the implementation of the Fund. [Am. 79]

Article 5 Third countries associated to the Fund The Fund shall be open to Schengen Associated third countries in accordance with the conditions laid down in a specific agreement to be adopted in accordance with Article 218 TFEU covering the participation of the third country to the Asylum and Migration Fund, provided that the agreement: [Am. 80] — ensures a fair balance as regards the contributions and benefits of the third country participating in the Fund; — lays down the conditions of participation in the Fund, including the calculation of financial contributions to the Fund and their administrative costs. These contributions shall constitute assigned revenues in accordance with Article [21(5)] of the Financial Regulation; — does not confer to the third country a decisional power on the Fund; — guarantees the rights of the Union to ensure sound financial management and to protect its financial interests. When drawing up the specific agreement referred to in this Article, the Commission shall consult the European Union Agency for Fundamental Rights, in particular with regard to the fundamental rights aspects of the agreement. [Am. 81]

Article 6 Eligible entities 1. The following entities may be eligible: (a) legal entities established in any of the following countries: (1) a Member State or an overseas country or territory linked to it; (2) third country associated to the Fund; (3) a third country listed in the work programme under the conditions specified therein , and 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 ; [Am. 82] (b) any legal entity created under Union law or any relevant international organisation. [Am. 83] 2. Natural persons are not eligible. 3. Legal entities established in a third country are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action. [Am. 84] 4. Legal entities participating in consortia of at least two independent entities, established in different Member States or overseas countries or territories linked to those states or in third countries are eligible when this contributes to the achievement of the objectives of the Fund as laid down in Article 3 of this Regulation . [Am. 85]

CHAPTER II

FINANCIAL AND IMPLEMENTATION FRAMEWORK

SECTION 1

COMMON PROVISIONS

Article 7 General principles 1. Support provided under this Regulation shall complement national, regional and local intervention, and shall focus on adding bringing Union added value to the objectives of this Regulation. [Am. 86] 2. 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 national instruments and other Union instruments and measures funded under other Union funds, in particular the structural funds and external financing instruments of the Union . [Am. 87] 3. The Fund shall be implemented in shared, direct or indirect management in accordance with Articles [62(1) (a), (b) and (c)] of the Financial Regulation.

Article 8 Budget 1. The financial envelope for the implementation of the Fund for the 2021-2027 period shall be EUR 9 204 957 000 in 2018 prices (EUR 10 415 000 000 in current prices). [Am. 88] 2. The financial resources shall be used as follows: (a) EUR 5 522 974 200 in 2018 prices ( EUR 6 249 000 000 in current prices) shall be allocated to the programmes implemented under shared management; [Am. 89] (b) EUR 3 681 982 800 in 2018 prices ( EUR 4 166 000 000 in current prices) shall be allocated to the thematic facility. [Am. 90] 3. Up to 0,42 % of the financial envelope shall be allocated for technical assistance at the initiative of the Commission as referred to in Article 29 of the Regulation EU ../.. [Common Provisions Regulation]. [Am. 91]

Article 9 General provisions on the implementation of the thematic facility 1. The financial envelope referred to in Article 8(2)(b) shall be allocated flexibly through the thematic facility using shared, direct and indirect management as set out in work programmes. Funding from the thematic facility shall be used for its components: a) specific actions; b) Union actions; c) emergency assistance; d) resettlement; e) support to Member States, contributing including to local and regional authorities, and to international and non-governmental organisations, which contribute to solidarity and responsibility efforts; and [Am. 92] f) European Migration Network. Technical assistance at the initiative of the Commission shall also be supported from the financial envelope for the thematic facility. 2. Funding from the thematic facility shall address priorities with a high added value to the Union or be used to respond to urgent needs in line with agreed Union priorities as outlined in Annex II and through the eligible actions in Annex III . The Commission shall ensure regular engagement with civil society organisations in the preparation, implementation, monitoring and evaluation of work programmes. A minimum of 20 % of the funding from the thematic facility shall be allocated to the specific objective referred to in point (a) of Article 3(2). A minimum of 10 % of the funding from the thematic facility shall be allocated to the specific objective referred to in point (b) of the first subparagraph of Article 3(2). A minimum of 10 % of the funding from the thematic facility shall be allocated to the specific objective referred in point (c) of the first subparagraph of Article 3(2). A minimum of 10 % of the funding from the thematic facility shall be allocated to the specific objective referred to in point (cb) of the first subparagraph of Article 3(2). [Am. 93] 3. When funding from the thematic facility is granted in direct or indirect management to Member States, it no funding shall be ensured that selected available for projects are not affected by where there is clear evidence that the legality of those projects, or the legality and regularity of that funding, or the performance of those projects, would be put in doubt as a result of a reasoned opinion by the Commission in respect of an infringement under Article 258 of the TFEU that puts at risk the legality and regularity of expenditure or the performance of projects. [Am. 94] 4. When funding from the thematic facility is implemented in shared management, the Commission shall, for the purposes of Articles 18 and 19(2) of Regulation EU ../.. [Common Provisions Regulation], assess whether the foreseen actions are not affected by ensure that no funding is available for projects where there is clear evidence that the legality of those projects, or the legality and regularity of that funding, or the performance of those projects would be put in doubt as a result of a reasoned opinion by the Commission in respect of an infringement under Article 258 of the TFEU that puts at risk the legality and regularity of expenditure or the performance of the projects. [Am. 95] 5. The Commission shall establish the overall amount made available for the thematic facility under the annual appropriations of the Union budget. The Commission shall adopt financing decisions as referred to in delegated acts in accordance with Article [110] of the Financial Regulation 32 to lay down work programmes for the thematic facility identifying objectives and actions to be supported and specifying the amounts for each of its components as referred to in paragraph 1. Financing decisions The work programmes shall set out, where applicable, the overall amount reserved for blending operations be made publicly available . [Am. 96] 6. The thematic facility shall in particular, support actions falling under the implementation measure 2(b) 2a of Annex II that are implemented by the local and regional authorities or civil society organisations. In that regard, a minimum of 5 % of the financial envelope of the thematic facility shall be granted under direct or indirect management to local and regional authorities implementing integration actions. [Am. 97] 7. Following the adoption of a financing decision work programmes as referred to in paragraph 5, the Commission may amend the programmes implemented under shared management accordingly. [Am. 98] 8. These financing decisions work programmes may be annual or multiannual and may cover one or more components of the thematic facility. [Am. 99]

SECTION 2

SUPPORT AND IMPLEMENTATION UNDER SHARED MANAGEMENT

Article 10 Scope 1. This section applies to the part of the financial envelope referred to in Article 8(2)(a), and additional resources to be implemented under shared management according to the Commission decision for the thematic facility referred to in Article 9. 2. Support under this section shall be implemented under shared management in accordance with Article [63] of the Financial Regulation and the Regulation EU ../.. [ framework setting up financial rules common Provisions Regulation] to several Union funds, including the AMIF . [Am. 100]

Article 11 Budgetary resources 1. Resources referred to in Article 8(2)(a) shall be allocated to the national programmes (the ‘programmes’) implemented by Member States under shared management indicatively as follows: (a) EUR 5 207 500 000 to the Member States in accordance with Annex I; (b) EUR 1 041 500 000 to the Member States for the adjustment of the allocations for the programmes as referred to in Article 14(1). 2. Where the amount referred to in paragraph 1(b) is not allocated, the remaining amount may be added to the amount referred to in Article 8(2)(b).

Article 12 Co-financing rates 1. The contribution from the Union budget shall not exceed 75 % of the total eligible expenditure of a project. Member States are encouraged to provide matching funds for activities supported by the Fund. [Am. 101] 2. The contribution from the Union budget may be increased to 90 % of the total eligible expenditure for projects implemented under specific actions. 3. The contribution from the Union budget shall be increased to a minimum of 80 % and may be increased to 90 % of the total eligible expenditure for actions listed in Annex IV. [Am. 102] 4. The contribution from the Union budget may be increased to 100 % of the total eligible expenditure for operating support. 5. The contribution from the Union budget may be increased to 100 % of the total eligible expenditure for emergency assistance. 6. The Commission decision approving a programme shall set the co-financing rate and the maximum amount of support from this Fund for the types of actions referred to in paragraphs 1 to 5. 7. For each specific objective, the Commission decision shall set out whether the co-financing rate for the specific objective is to be applied to: (a) the total contribution, including the public and private contributions; or (b) the public contribution only.

Article 13 Programmes 1. Each Member State and the Commission shall ensure that the priorities addressed in its the national programme are consistent with, and respond to, the Union priorities and challenges in the area of asylum and migration management, and are fully in line with the relevant Union acquis and agreed the international obligations of the Union priorities and Member States arising from international instruments to which they are signatories, in particular the UN Convention on the Rights of the Child . In defining the priorities of their programmes Member States shall ensure that the implementation measures set out in Annex II are adequately addressed. In that regard, Member States shall allocate a minimum of 20 % of their allocated funding to the specific objective referred to in point (a) of the first subparagraph of Article 3(2). Member States shall allocate a minimum of 10 % of their allocated funding to the specific objectives referred to in point (b) of the first subparagraph of Article 3(2). Member States shall allocate a minimum of 10 % of their allocated funding to the specific objectives referred to in point (c) of the first subparagraph of Article 3(2). Member States shall allocated a minimum of 10 % of their allocated funding to the specific objective referred to in point (cb) of the first subparagraph of Article 3(2). [Am. 103] 1a. Member States shall, in addition, ensure that their programmes include actions addressing all the specific objectives of the Fund referred to in Article 3(2) and that the allocation of resources among the objectives ensures that those objectives can be met. When evaluating Member State programmes, the Commission shall ensure that no funding is available for projects where there is clear evidence that the legality of those projects, or the legality and regularity of that funding, or the performance of those projects, would be put in doubt as a result of a reasoned opinion of the Commission in relation to infringement proceedings under Article 258 TFEU. [Am. 104] 2. The Commission shall ensure that the European Asylum Support Office, the European Union Agency for Asylum Fundamental Rights and the European Border and Coast Guard Agency are associated to the process of developing the programmes at an early stage, as regards the areas of their competence. The Commission shall consult the European Border and Coast Guard Agency , the European Union Agency for Fundamental Rights and the European Asylum Support Office on the draft programmes to ensure consistency and complementarity of the actions of the agencies and those of the Member States. [Am. 105] 3. The Commission may associate the European Asylum Support Office, the European Union Agency for Asylum and Fundamental Rights, the European Border and Coast Guard Agency and the UNHCR in monitoring and evaluation tasks as referred to in Section 5 where appropriate in particular in view of ensuring that the actions implemented with the support of the Fund are compliant with the relevant Union acquis and agreed Union priorities. [Am. 106] 4. Further to a any monitoring exercise as carried out, in accordance with Regulation (EU) [../..] [EUAA Regulation] or the adoption of recommendations in accordance with Regulation (EU) 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 Asylum Support Office, the European Union Agency for Asylum Fundamental Rights 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. [Am. 107] 5. Where necessary, the programme in question shall be amended to take into account the recommendations referred to in paragraph 4 and the progress in achieving the milestones and targets as assessed in the annual performance reports referred to in point (a) of Article 30(2) . Depending on the impact of the adjustment, the revised programme may be approved by the Commission. [Am. 108] 6. In cooperation and consultation with the Commission and the relevant agencies in accordance with their competence, as applicable, resources under the programme may be reallocated with the aim of addressing recommendations, as referred to in paragraph 4 that have financial implications. 7. Member States shall in particular pursue the actions eligible for higher co-financing as listed in Annex IV. In the event of unforeseen or new circumstances or in order to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to amend the list of actions eligible for higher co-financing as listed in Annex IV. 7a. National programmes may allow for the inclusion in the actions referred to in point 3a of Annex III of immediate relatives of persons covered by the target group referred to in that point, to the extent that it is necessary for the effective implementation of such actions. [Am. 109] 8. Without prejudice to the second subparagraph of Article 4(2), whenever a Member State decides to implement projects with or in a third country with the support of the Fund, the Member State concerned shall consult request the approval of the Commission prior to the start of the project. The Commission shall ensure the complementarity and coherence of the planned projects with other Union and Member State actions taken in or in relation to the third country concerned and shall verify that the conditions set out in point (3) of point (a) of Article 6(1) are met. [Am. 110] 9. Programming as referred to in Article 17(5) of Regulation EU) …/2021 [Common Provisions Regulation], Each national programme shall be based on set out for each specific objective the types of intervention set out in accordance with Table 1 of Annex VI and provide an indicative breakdown of the programmed resources by type of intervention or area of support . [Am. 111] 9a. Each Member State shall publish its programme on a dedicated website and forward it to the European Parliament and to the Council. That website shall specify the actions supported in the implementation of the programme and list the beneficiaries. It shall be updated regularly, at least at the same time as the publication of the Annual Performance Report referred to in Article 30. [Am. 112]

Article 14 Mid-term review -1. The programmes shall be subject to a mid-term review and evaluation in accordance with Article 29 of this Regulation. [Am. 113] 1. In 2024 By the end of 2024, and after informing the European Parliament , the Commission shall allocate to the programmes of Member States concerned the additional amount referred to in Article 11(1)(b) in accordance with the criteria referred to in paragraphs 1(b) to 5 of Annex I. Funding shall be effective for the period as of the calendar year 2025. [Am. 114] 2. If at least 10 30 % of the initial allocation of a programme referred to in Article 11(1)(a) has not been covered by payment applications submitted in accordance with Article [85] of Regulation (EU) …/2021 [Common Provisions Regulation], the Member State concerned shall not be eligible to receive the additional allocation for the programme referred to in paragraph 1. [Am. 115] 3. The allocation of the funds from the thematic facility as of 2025 shall, where appropriate, take into account the progress made in achieving milestones of the performance framework as referred to in Article [12] of Regulation (EU) …/2021 [Common Provisions Regulation] and identified implementation shortcomings. [Am. 116]

Article 15 Specific actions 1. Specific actions are transnational or national projects bringing Union added value in line with the objectives of this Regulation for which one, several or all Member States may receive an additional allocation to their programmes. [Am. 117] 2. Member States may in addition to their allocation calculated in accordance with Article 11(1), receive an additional amount, provided that it is earmarked as such in the programme and is used to contribute to the implementation of the objectives of this Regulation. 3. The funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme.

Article 16 Resources for the Union Resettlement [and Humanitarian Admission] Framework 1. Member States shall receive, in addition to their allocation calculated in accordance with Article 11(1)(a), a contribution of EUR 10 000 for each resettled person in accordance with the targeted Union resettlement scheme. That contribution shall take the form of financing not linked to costs in accordance with Article [125] of the Financial Regulation. 2. The amount referred to in paragraph 1 shall be allocated to the Member States through the amendment of their programme provided that the person in respect of whom the contribution is allocated was effectively resettled in accordance with the Union Resettlement [and Humanitarian Admission] Framework. 3. The funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme. 4. Member States shall keep the information necessary to allow the proper identification of the resettled persons and of the date of their resettlement. [Am. 118]

Article 16a Resources for resettlement and humanitarian admission 1. Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 11(1), receive every two years an additional amount based on a lump sum of EUR 10 000 for each person admitted through resettlement. 2. Member States shall, in addition to their allocation calculated in accordance with point (a) of Article 11(1), receive every two years an additional amount based on a lump sum of EUR 6 000 for each person admitted through humanitarian schemes. 3. Where appropriate, Member States may also be eligible for lump sums for family members of persons referred to in paragraph 1 to ensure family unity. 4. The additional amount referred to in paragraphs 1 and 2 shall be allocated to the Member States every two years, for the first time in the individual financing decisions approving their national programme and later in a financing decision to be annexed to the decisions approving their national programme. 5. Taking into account the current rates of inflation, relevant developments in the field of resettlement, as well as factors which can optimise the use of the financial incentive brought by the lump sum, and within the limits of available resources, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to adjust, if deemed appropriate, the lump sum referred to in paragraphs 1 and 2 of this Article. [Am. 119]

Article 17 Resources to support the implementation of Regulation ../.. [Dublin Regulation] 1. A Member State shall receive, in addition to their allocation calculated in accordance with Article 11(1)(a), a contribution of EUR [10 000] for each applicant for international protection for whom that Member State becomes responsible as from when that Member State is in challenging circumstances as defined in Regulation (EU) ../.. [Dublin Regulation]. 2. A Member State shall receive, in addition to their allocation calculated in accordance with Article 11(1)(a), a contribution of EUR [10 000] for each applicant for international protection allocated to that Member State who is above the benefitting Member State's fair share. 3. A Member State referred to in paragraphs 1 and 2 shall receive an additional contribution of EUR [10 000] per applicant who has been granted international protection for the implementation of integration measures. 4. A Member State referred to in paragraphs 1 and 2 shall receive an additional contribution of EUR [10 000] per person for whom the Member State can establish on the basis of the updating of the data set referred to in Article 11(d) of Regulation (EU) ../.. [Eurodac Regulation] that the person has left the territory of the Member State, on either a compulsory or voluntarily basis in compliance with a return decision or a removal order. 5. A Member State shall receive, in addition to its allocation calculated in accordance with Article 11(1)(a), a contribution of EUR [500] for each applicant of international protection transferred from one Member State to another, for each applicant transferred pursuant to point (c) of the first paragraph of Article 34(i) of Regulation (EU) ../… [Dublin Regulation] and, where applicable, for each applicant transferred pursuant to point (g) of Article 34 (j) of Regulation (EU) ../.. [Dublin Regulation]. 6. The amounts referred to in this Article shall take the form of financing not linked to costs in accordance with Article [125] of the Financial Regulation. 7. The additional amounts referred to in paragraphs 1 to 5 shall be allocated to the Member States in their programmes provided that the person in respect of whom the contribution is allocated was, as applicable, effectively transferred to a Member State, effectively returned or registered as an applicant in the Member State responsible in accordance with Regulation (EU) ../.. [Dublin Regulation]. 8. This funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme. [Am. 120]

Article 17a Resources to support the implementation of Regulation (EU) No 604/2013 1. The determining Member State shall receive, in addition to its allocation calculated in accordance with point (a) of Article 11(1) of this Regulation, refunding of the costs of reception of an applicant for international protection from the time when the application is made until the transfer of the applicant to the Member State responsible, or until the determining Member State assumes responsibility for the applicant in accordance with Regulation (EU) No 604/2013. 2. The transferring Member State shall receive, in addition to its allocation calculated in accordance with point (a) of Article 11(1) of this Regulation, refunding of the costs necessary to transfer an applicant or another personas referred to in points (c) and (d) of Article 18(1) of Regulation (EU) No 604/2013. 3. Each Member State shall, in addition to their allocation calculated in accordance with point (a) of Article 11(1) of this Regulation, receive a lump sum of EUR 10 000 for each unaccompanied minor who is granted international protection in that Member State, provided that the Member State is not eligible for a lump sum payment for that unaccompanied minor under Article 16(1). 4. The refunding referred to in this Article shall take a form of financing in accordance with Article 125 of the Financial Regulation. 5. The refunding referred to in paragraph 2 shall be allocated to the Member States in their programmes provided that the person in respect of whom the refunding is allocated was effectively transferred to a Member State in accordance with Regulation (EU) No 604/2013. [Am. 121]

Article 17b Resources for the transfer of applicants for international protection or beneficiaries of international protection 1. With a view to implementing the principle of solidarity and fair sharing of responsibility, Member States shall receive, in addition to their allocation calculated in accordance with point (a) of Article 11(1), an additional amount based on a lump sum of EUR 10 000 for each applicant for international protection or beneficiary of international protection transferred from another Member State. 2. Member States may also be eligible for lump sums for family members of persons referred to in paragraph 1, where appropriate, provided that those family members have been transferred in accordance with this Regulation. 3. The additional amounts referred to in paragraph 1 shall be allocated to the Member States for the first time in the individual financing decisions approving their national programme and later in a financing decision to be annexed to the decision approving their national programme. This funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme. 4. To effectively pursue the objectives of solidarity and fair sharing of responsibility between the Member States referred to in Article 80 TFEU, and taking into account the current rates of inflation, relevant developments in the field of transfer of applicants for international protection and of beneficiaries of international protection from one Member State to another and in the field of resettlement and other ad hoc humanitarian admission, as well as factors which can optimise the use of the financial incentive brought by the lump sum, and within the limits of available resources, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to adjust, if deemed appropriate, the lump sum referred to in paragraph 1 of this Article. [Am. 122]

Article 18 Operating support 1. Operating support is a part of a Member State’s allocation which may be used as support to the public authorities responsible for accomplishing the tasks and services which constitute a public service for the Union; 2. A Member State may use up to 10 % of the amount allocated under the Fund to its programme to finance operating support under objectives in Article 3(2)(a) and (c). [Am. 123] 3. The Member States using operating support shall comply with the Union acquis on asylum and return immigration and fully respect the rights and principles enshrined in the Charter of Fundamental Rights of the European Union . [Am. 124] 4. Member States shall justify in the programme and in the annual performance report as referred to in Article 30 the use of operating support to achieve the objectives of this Regulation. Before the approval of the programme, the Commission shall, with the European Asylum Support Office, the European Union Agency for Asylum Fundamental Rights and the European Border and Coast Guard Agency in line with Article 13, assess the baseline situation in the Member States which have indicated their intention to use operating support. The Commission shall take into account the information provided by those Member States and, where relevant, the information available in the light of the monitoring exercises, as carried out in accordance with Regulation (EU) ../.. [EUAA Regulation] by the European Asylum Support Office and Regulation (EU) No 1053/2013, which are within the scope of this Regulation. [Am. 125] 5. Operating support shall be concentrated on specific tasks and services eligible actions as laid down in Annex VII. [Am. 126] 6. To address unforeseen or new circumstances or to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to amend the list of specific tasks and services eligible actions in Annex VII. [Am. 127]

SECTION 3

SUPPORT AND IMPLEMENTATION UNDER DIRECT AND INDIRECT MANAGEMENT

Article 19 Scope Support under this section Union shall be implemented either directly by the Commission in accordance with point (a) of Article 62(1) of the Financial Regulation, or indirectly in accordance with point (c) of that Article.

Article 20 Union actions 1. Union actions are transnational projects or projects of particular interest to the Union implemented in line with the objectives of this Regulation. 2. At the Commission’s initiative, the Fund may be used to finance Union actions concerning the objectives of this Regulation as referred to in Article 3 and in accordance with Annex III. 3. Union actions may provide funding in any of the forms laid down in the Financial Regulation in particular grants, prizes and procurement. They may also provide financing in the form of financial instruments within blending operations. 4. Grants implemented under direct and indirect management shall be awarded and managed in accordance with [Title VIII] of the Financial Regulation. [Am. 128] 4a. The Commission shall ensure flexibility, fairness and transparency in the distribution of resources among the objectives referred to in Article 3(2). [Am. 129] 5. The evaluation committee assessing the proposals may be composed of external experts. 6. Contributions to a mutual insurance mechanism may cover the risk associated with the recovery of funds due by recipients and shall be considered a sufficient guarantee under the Financial Regulation. The provisions laid down in [Article X of] Regulation (EU) ../.. [successor of the Regulation on the Guarantee Fund] shall apply. [Am. 130]

Article 21 European Migration Network 1. The Fund shall support the European Migration Network and provide the financial assistance necessary for its activities and its future development. 2. The amount made available for the European Migration Network under the annual appropriations of the Fund and the work programme laying down the priorities for its activities shall be adopted by the Commission, after approval by the Steering Board in accordance with Article 4(5)(a) of Decision 2008/381/EC (as amended). The decision of the Commission shall constitute a financing decision pursuant to Article [110] of the Financial Regulation. To ensure the timely availability of resources, the Commission may adopt the work programme for the European Migration Network in a separate financing decision. [Am. 131] 3. Financial assistance provided for the activities of the European Migration Network shall take the form of grants to the national contact points referred to in Article 3 of Decision 2008/381/EC and procurements as appropriate, in accordance with the Financial Regulation.

Article 21a Amendment of Decision 2008/381/EC The following point is added in Article 5(5) of Decision 2008/381/EC: ‘(da) act as a contact point for potential beneficiaries of funding under the Asylum, Migration and Integration Fund Regulation and provide impartial guidance, practical information and assistance regarding all aspects of the Fund, including in relation to applications for funding under the relevant national programme or the thematic facility.’. [Am. 132]

Article 22 Blending operations Blending operations decided under this Fund , as referred to in point (c) of Article 2(1) shall be implemented in accordance with the [InvestEu regulation] and Title X of the Financial Regulation. [Am. 133]

Article 23 Technical assistance at the initiative of the Commission The Fund may support technical assistance measures implemented at the initiative of, or on behalf of, the Commission. Those measures may be financed at the rate of 100 %.

Article 24 Audits Audits on the use of the Union contribution carried out by persons or entities, including by other than those mandated by the Union institutions or bodies, shall form the basis of the overall assurance pursuant to Article 127 of Regulation (EU) [Regulation on the financial rules applicable to the general budget of the Union].

Article 25 Information, communication and publicity 1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting promote the actions and their results, by providing coherent, effective and proportionate targeted meaningful information to multiple relevant audiences, including the media and the public in the relevant languages. To ensure the visibility of Union funding, recipients of Union funding shall refer to its origin when communicating on the action. To this end, recipients shall ensure that all communications to the media and the public, display the Union emblem, and explicitly mention the Union’s financial support . [Am. 134] 2. To reach the widest possible audience, the Commission shall implement information and communication actions relating to the Fund and 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 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 the Fund 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. [Am. 135] 2a. The Commission shall publish the information referred to in paragraph 2 in open, machine readable formats, as set out in Article 5(1) of Directive 2003/98/EC of the European Parliament and of the Council (27) , which allows data to be sorted, searched, extracted, compared and reused. It shall be possible to sort the data by priority, specific objective, total eligible cost of operations, total cost of projects, total cost of procurement procedures, name of beneficiary, and name of contractor. [Am. 136]

SECTION 4

SUPPORT AND IMPLEMENTATION UNDER SHARED, DIRECT AND INDIRECT MANAGEMENT

Article 26 Emergency assistance 1. The Fund shall Commission may decide to provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from one or more of the following: [Am. 137] (a) heavy migratory pressure in one or more Member States characterised by a an unforeseen large or disproportionate inflow of third-country nationals in one or more Member States , which places significant and urgent demands on their reception and detention facilities, child protection systems, and asylum and migration management systems and procedures; [Am. 138] (aa) voluntary relocation; [Am. 139] (b) the implementation of temporary protection mechanisms within the meaning of Directive 2001/55/EC (28); (c) heavy migratory pressure an unforeseen large or disproportionate inflow of persons in third countries, including where persons in need of protection may be stranded due to political developments, or conflicts or natural disasters , notably where it might have an impact on migration flows towards the EU. [Am. 140] 1a. Measures implemented in third countries in accordance with this Article shall be consistent with, and, where relevant, complementary to the Union humanitarian policy and respect humanitarian principles as set out in the Consensus on Humanitarian Aid. [Am. 141] 1b. In cases as described under points (a), (aa), (b) and (c) of paragraph 1 of this Article, the Commission shall inform the European Parliament and the Council without delay. [Am. 142] 2. Emergency assistance may take the form of grants awarded directly to the decentralised agencies European Asylum Support Office, UNHCR, and local and regional authorities subject to unforeseen large or disproportionate inflows of third country nationals, and in particular those responsible for the reception and integration of unaccompanied child migrants . [Am. 143] 3. Emergency assistance may be allocated to Member States’ programmes in addition to their allocation calculated in accordance with Article 11(1) and Annex I, provided that it is earmarked as such in the programme. This funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme. 4. Grants implemented under direct management shall be awarded and managed in accordance with [Title VIII] of the Financial Regulation. [Am. 144] 4a. Where necessary for the implementation of the action, emergency assistance may cover expenditure which was incurred prior to the date of submission of the grant application or the request for assistance, but not prior to 1 January 2021. [Am. 145]

Article 27 Cumulative, complementary and combined funding 1. An action operation that has received a contribution under the Fund 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 programmes presented by the Commission shall interact and complement each other and be drawn up with the necessary degree of transparency to avoid any duplication. The rules of each contributing Union programme shall apply to its respective contribution to the action operation . The cumulative funding shall not exceed the total eligible costs of the action operation 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. [Am. 146] 2. Actions Operations awarded a seal of Excellence certification, or which comply with the following cumulative comparative conditions: [Am. 147] (a) they have been assessed in a call for proposals under the instrument; (b) they comply with the minimum quality requirements of that call for proposals; (c) they may not be financed under that call for proposals due to budgetary constraints. may receive support from the European Regional Development Fund, the Cohesion Fund, the European Social Fund+ or the European Agricultural Fund for Rural Development, in accordance with paragraph 5 of Article [67] of Regulation (EU) ../.. [Common Provisions Regulation] and Article [8] or Regulation (EU) ../.. [Financing, management and monitoring of the Common Agricultural Policy], provided that such actions are consistent with the objectives of the programme concerned. The rules of the Fund providing support shall apply.

SECTION 5

MONITORING, REPORTING AND EVALUATION

SUB SECTION 1

COMMON PROVISIONS

Article 28 Monitoring and reporting 1. In compliance with its reporting requirements pursuant to Article [43(3)(h)(i)(iii)] of the Financial Regulation, the Commission shall present to the European Parliament and the Council , at least annually, information on performance in accordance with Annex V. [Am. 148] 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 32 to amend Annex V in order to make the necessary adjustments to the information on performance to be provided to the European Parliament and the Council. 3. The indicators to report on progress of the Fund towards the achievement of the objectives of this Regulation are set in Annex VIII. For output indicators, baselines shall be set at zero. The milestones set for 2024 and targets set for 2029 shall be cumulative. Upon request, the data received by the Commission on output and result indicators shall be made available to the European Parliament and to the Council. [Am. 149] 4. The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and where relevant Member States. 5. In order to ensure effective assessment of the progress of the Fund towards the achievement of its objectives, the Commission shall be empowered to adopt delegated acts in accordance with Article 32 to amend Annex VIII to review and complement the indicators where necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework, including for project information to be provided by the Member States.

Article 29 Evaluation 1. The Commission shall carry out a mid-term and a retrospective evaluation of this Regulation, including the actions implemented under the Fund. 2. The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process. [Am. 150]

Article 29a Evaluation 1. By 31 December 2024, the Commission shall present a mid-term evaluation of the implementation of this Regulation. The mid-term evaluation shall examine the effectiveness, efficiency, simplification and flexibility of the Fund. More specifically, it shall include an assessment of: (a) progress towards the achievement of the objectives of this Regulation, taking into account all relevant information available, in particular the annual performance reports submitted by the Member States under Article 30 and the output and result indicators set out in Annex VIII; (b) the Union added value of the actions and operations implemented under the Fund; (c) the contribution to Union solidarity in the field of asylum and migration; (d) the continued relevance of the implementation measures set out in Annex II and the actions set out in Anne