2000/596/EC: Council Decision of 28 September 2000 establishing a European Refugee Fund
Date: 2000-09-28
Institutions: Council of the European Union
Subjects: admission of aliens, aid to refugees, co-financing, fund (EU), refugee

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 28 September 2000

establishing a European Refugee Fund

(2000/596/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(4)

Having regard to the Treaty establishing the European
Community, and in particular Article 63(2)(b) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Having regard to the opinion of
Regions (4),

the Committee of

the

Whereas:

(1)

(2)

(3)

The preparation of a common policy on asylum,
including common European arrangements for asylum is
a constituent part of the European Union's objective of
freedom, security and
gradually creating an area of
justice open to those who,
forced by circumstances,
legitimately seek protection in the European Union.

Implementation of such a policy should be based on
solidarity between Member States and requires the exis-
tence of mechanisms intended to promote a balance in
the efforts made by Member States in receiving and
bearing the consequences of
receiving refugees and
displaced persons. To that end, a European Refugee
Fund should be established.

is necessary to support

the efforts made by the
It
Member States to grant appropriate reception conditions
to refugees and displaced persons,
including fair and
effective asylum procedures, so as to protect the rights
of persons requiring international protection.

(1) OJ C 116 E, 26.4.2000, p. 72.
(2) Opinion delivered on 11 April 2000 (not yet published in the Offi-

cial Journal).

(3) OJ C 168, 16.6.2000, p. 20.
(4) Opinion delivered on 15 June 2000 (not yet published in the Offi-

cial Journal).

The integration of refugees into the society of
the
country in which they are established is one of the
objectives of the Geneva Convention and, to this end,
there should be support for action by the Member States
intended to promote their social and economic integra-
tion, in so far as it contributes to economic and social
cohesion, the maintenance and strengthening of which
is one of
fundamental objectives
referred to in Articles 2 and 3(1)(k) of the Treaty.

the Community's

It is in the interests of both the Member States and the
persons concerned that refugees and displaced persons
who are allowed to stay in the territory of the Member
States are given the opportunity to provide for them-
selves by working.

Since measures supported by the Structural Funds and
other Community measures in the field of education and
vocational training are not in themselves sufficient to
promote such integration, support should be given for
special measures
to enable refugees and displaced
persons to benefit fully from the programmes which are
organised.

Practical support is needed to create or improve condi-
tions enabling refugees and displaced persons to take an
informed decision to leave the territory of the Member
States and return home, should they so wish.

Practical ways are to be found of testing innovatory
action in this field and exchanges between Member
States should be encouraged with a view to identifying
and promoting the most effective practices.

Account should be taken of the experience acquired
the Council's joint action
during implementation of
1999/290/JHA (5) on the reception and voluntary repa-
triation of
refugees, displaced persons and asylum-
seekers.

(5)

(6)

(7)

(8)

(9)

(5) OJ L 114, 1.5.1999, p. 2.

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(10) As called for by the European Council at its meeting in
Tampere on 15 and 16 October 1999, a financial
reserve should be established for the implementation of
emergency measures to provide temporary protection in
the event of a mass influx of refugees.

(21)

(11)

(12)

(13)

It is fair to allocate resources proportionately to the
burden on each Member State by reason of its efforts in
receiving refugees and displaced persons.

The support provided by the European Refugee Fund
will be more efficient and better targeted if the co-
financing of eligible action is based on a request from
each Member State taking into account its situation and
needs.

In order to speed up and simplify co-financing proced-
ures, the responsibilities of the Commission should be
distinguished from those of the Member States. Provi-
sion should, therefore, be made for the Commission,
after examining the Member States' requests for co-
to adopt co-financing decisions, while the
financing,
Member States are to assure the management of the
action.

(14)

Such decentralised implementation of action by the
Member States should provide sufficient guarantees as to
the details and quality of implementation, the results of
their action and the evaluation thereof and sound finan-
cial management and its supervision.

(15) One way of ensuring that the action of the European
Refugee Fund is effective is efficient monitoring. The
conditions of such monitoring should be set out.

(16) Without prejudice to the Commission's responsibilities
for financial control, cooperation between the Member
States and the Commission in this regard should be
established.

(17)

(18)

The responsibility of the Member States for the pursuit
and correction of irregularities and infringements, and
that of the Commission where the Member States do not
comply with their obligations, should be specified.

The effectiveness and impact of the action supported by
the European Refugee Fund also depend on the evalu-
ation thereof and the responsibilities of the Member
States and the Commission in this regard, and arrange-
ments to ensure the reliability of evaluation, should be
laid down.

(19) Action should be evaluated with a view to a mid-term
review and assessment of its impact, and the evaluation
process should be incorporated into the monitoring of
the action.

(20)

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down

the procedures for the exercise of implementing powers
conferred on the Commissions (1).

In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty, the
objectives of the proposed action, namely to demon-
strate solidarity between Member States by achieving a
balance in the efforts made by those Member States in
receiving refugees and displaced persons and bearing the
consequences of
sufficiently
achieved by the Member States and can therefore, by
reason of the scale or impact of the action, be better
achieved by the Community. This Decision does not go
beyond what is necessary to achieve those objectives.

cannot be

so doing,

(22)

This Decision applies to the United Kingdom and to
Ireland by virtue of the notifications which they have
communicated,
the
Protocol on the position of the United Kingdom and
Ireland, annexed to the Treaty on European Union and
to the Treaty establishing the European Community.

in accordance with Article 3 of

(23) Denmark in accordance with Articles 1 and 2 of the
Protocol on the position of Denmark annexed to the
Treaty on European Union and the Treaty establishing
the European Community is not participating in the
adoption of this Decision and is therefore not bound by
it nor subject to its application,

HAS ADOPTED THIS DECISION:

CHAPTER I

OBJECTIVES AND TASKS

Article 1

Establishment and objective of the European Refugee
Fund

1.
A European Refugee Fund (hereinafter referred to as the
Fund) shall be established to support and encourage the efforts
made by the Member States in receiving and bearing the
consequences of receiving refugees and displaced persons.

The Fund shall operate from 1 January 2000 to 31

2.
December 2004.

Article 2

Financial provisions

The financial reference amount for implementing this

1.
Decision shall be EUR 216 million.

2.
The annual appropriations shall be authorised by the
budgetary authority within the limits of the financial perspec-
tive. The budget authority shall allocate the annual appropria-
tions between the measures referred to respectively in Articles
4 and 6 of this Decision.

(1) OJ L 184, 17.7.1999, p. 23.

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Article 3

Groups targeted by the action

Article 5

Community action

For the purposes of
comprise the following categories:

this Decision the target groups shall

1. any third-country nationals or stateless persons having the
status defined by the Geneva Convention of 28 July 1951
relating to the Status of Refugees and permitted to reside as
refugees in one of the Member States;

2. any third-country nationals or stateless persons enjoying a
form of international protection granted by a Member State
in accordance with its national

legislation or practice;

3. any third-country nationals or stateless persons who have
applied for one of the forms of protection described in
points 1 and 2;

4. third-country nationals or stateless persons benefiting from
temporary protection arrangements in a Member State;

5. persons whose right to temporary protection is being exam-

ined in a Member State.

Article 4

Measures

To achieve the objective described in Article 1 and with
1.
regard to the relevant categories of persons as listed in Article
3, the Fund shall support Member States' action relating to:

(a) conditions for reception;

1.
At the Commission's initiative, up to 5 % of the Fund's
available resources may be used to finance innovatory action or
action of interest to the Community as a whole, separate from
the action implemented by the Member States,
including
studies, exchanges of experience and steps to promote coopera-
tion at Community level, as well as assessment of the imple-
mentation of measures and technical assistance.

The Commission

2.
applications
submitted by two or more Member States with a view to the
joint implementation of transnational action.

examine

shall

the

The Fund may provide up to 100 % of the funding for

3.
such action.

Article 6

Emergency measures

By decision of the Council, acting unanimously on a
1.
proposal from the Commission, the Fund may also be used to
finance emergency measures, separate from and in addition to
the action referred to in Article 4, to help one or more or all
Member States in the event of a sudden mass influx of refugees
or displaced persons, or if it was necessary to evacuate them
from a third country, in particular in response to an appeal by
international organisations.

After the entry into force of the Directive on temporary protec-
tion, the decision of the Council provided for in the first
subparagraph will be taken under the conditions set out in the
said Directive.

In the situation referred to in paragraph 1, eligible emer-

2.
gency measures cover the following types of action:

(b) integration of persons whose stay in the Member State is of

a lasting and/or stable nature;

(a) reception and accommodation;

(c) repatriation, provided that the persons concerned have not
acquired a new nationality and have not left the territory of
the Member State.

2. With regard to the conditions for reception and access to
asylum procedures, the action may concern in particular infra-
structure or services for accommodation, supply of material
aid, health care, social assistance or help with administrative
and judicial
including legal assistance. Here,
account may also be taken of the special needs of the most
vulnerable persons.

formalities,

3.
As regards integration into the society of the Member
State of residence of persons referred to in paragraph 1(b) and
members of their family, the action may in particular be to
provide social assistance in areas such as housing, means of
subsistence and health care or to enable beneficiaries to adjust
to the society of the Member State or to provide for them-
selves.

As regards repatriation, the action may concern in partic-
4.
ular
return
information
advice
programmes and the situation in the country of origin and/or
general or vocational training and help in resettlement.

voluntary

about

and

(b) provision of means of subsistence,

including food and

clothing;

(c) medical, psychological or other assistance;

(d) staff and administration costs incurred as a result of the
reception of persons and implementation of the measures;

(e) costs of logistics and transport.

CHAPTER II

DETAILED PROVISIONS

Article 7

Implementation

The Member States shall be responsible for implementation of
action supported by the Fund. To this end, each Member State
shall appoint a responsible authority, which shall handle all
communication with the Commission. That authority shall be a
public administration but may delegate its responsibility for
implementation to another public administration or a non-
governmental organisation.

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Article 8

Requests for co-financing

1. Member States shall send the Commission each year, in
accordance with the time table set out in Article 11, a request
for co-financing for their implementation programme for the
year in question, which describes, for each of the domains
referred to in Article 4:

(a) the situation in the Member State and the requirements
justifying the implementation of measures eligible for
support from the Fund;

(b) the actions
including:

the Member State intends

to implement,

(i) their nature and their purpose;

(ii) the expected quantified results;

(iii) their cost as well as the funding from the Member
State and, where applicable, from the organisation(s)
involved.

2.
In addition, the first request for co-financing shall include
a description of the system put in place by the Member State
to:

(a) ensure coordination and consistency of actions;

(b) select projects and ensure the procedure is transparent;

(c) manage, monitor, check and evaluate projects.

3.
The request shall contain, for each of the aspects referred
to in paragraphs 1 and 2, sufficiently detailed information to
enable the Commission to verify that it complies with the
provisions of this Decision and the financial rules in force.

(c) the experience, expertise, reliability and financial contribu-
the organisation applying for funding and any

tion of
partner organisation;

(d) the extent to which the projects complement other action
funded by the budget of the European Communities or as
part of national programmes.

Article 10

Distribution of resources

1.
For the years 2000 to 2004 each Member State shall
receive the following fixed amount of the European Refugee
Fund's annual allocation:

For the year 2000: EUR 500 000

For the year 2001: EUR 400 000

For the year 2002: EUR 300 000

For the year 2003: EUR 200 000

For the year 2004: EUR 100 000

2.
The remainder of the available resources shall be distrib-
uted proportionally between the Member States as follows:

(a) 65 % in proportion to the number of persons referred to in
Article 3, points 3, 4 and 5 that have entered over the
previous three years;

(b) 35 % in proportion to the number of persons admitted in
one of the categories in Article 3, points 1 and 2 over the
previous three years.

3.
The reference figures shall be the most recent figures
established by the Statistical Office of the European Communi-
ties.

Article 9

Selection criteria

Article 11

Timetable

1. Member States shall have sole responsibility for the selec-
tion of individual projects and for the financial management
and administration of projects supported by the Fund, with due
respect for Community policies and the criteria for eligibility.

1.
The Commission shall provide the Member States by 1
June each year at the latest with an estimate of the amounts to
be allocated to them for the following year from the total
amounts allocated within the framework of the annual budg-
etary procedure.

(national,

2.
Following a public call for proposals, projects, which
must be of a non-profit making nature, shall be presented by
public authorities
local, central or
devolved), education or research institutions, training establish-
ments, the social partners, government agencies, international
organisations or non-governmental organisations, operating
individually or in partnerships, with a view to obtaining
funding from the Fund.

regional or

The Member States shall submit

2.
for co-
financing referred to in Article 7 to the Commission by 1
October each year at the latest.

the request

The Commission shall approve the request

3.
for co-
financing within three months of submission of the request,
having carried out the checks provided for in Article 8(2).

The responsible authority shall select projects on the

3.
basis of the following criteria:

Technical and administrative assistance

Article 12

(a) the situation and requirements in the Member State;

(b) the cost-effectiveness of the expenditure,

in view of the

number of persons concerned by the project;

A sum not exceeding 5 % of a Member State's total allocation
may be set aside for technical and administrative assistance in
the preparation, monitoring and evaluation of
the actions
under its responsibility within the meaning of Article 7.

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CHAPTER III

CHAPTER IV

FINANCIAL PROVISIONS

CHECKS AND EVALUATION

Article 13

Financing structure

Article 18

Checks

For any given measure, the contribution from the Fund shall
not exceed 50 % of the total cost of the measure.

That proportion may be increased to 75 % in Member States
covered by the Cohesion Fund.

Article 14

Eligibility

1.
Expenditure may not be considered eligible for support
from the Fund if it has actually been paid before the date on
which the Member State's request for co-financing is approved
by the Commission. That date shall constitute the starting
point for the eligibility of expenditure.

2.
The Commission shall adopt the rules governing eligi-
bility of expenditure in accordance with the procedure referred
to in Article 21(2).

Article 15

Decision on co-financing from the Fund

After examining the request for co-financing, the Commission
shall, in accordance with the procedure referred to in Article
21(2), adopt the decision on co-financing by the Fund. The
decision shall state the amount allocated to the Member State.

Article 16

Budget commitments

Community budget commitments shall be made on the basis of
the Commission decision on co-financing.

Article 17

Payments

1.
Payment by the Commission of the contribution from the
Fund shall be made to the responsible authority in accordance
with the corresponding budget commitments.

2.
As soon as the Commission decision on the contribution
from the Fund is adopted, an initial payment, representing
50 % of the amount, shall be made to the Member State for the
year in question. An interim payment of up to 30 % shall be
made when the Member State states that it has actually spent
half of the initial payment.

The balance shall be paid within three months of approval of
the accounts submitted by the Member State and the annual
report on implementation of the programme.

1. Without prejudice to the Commission's responsibility for
implementing the general budget of the European Communi-
ties, Member States shall take responsibility in the first instance
for the financial control of the action. To that end, the meas-
ures they take shall

include:

(a) verifying that management and control arrangements have
been set up and are being implemented in such a way as to
ensure that Community funds are being used efficiently and
correctly;

(b) providing the Commission with a description of

these

arrangements;

(c) ensuring that the action is managed in accordance with the
applicable Community rules and that the funds placed at its
disposal is used in accordance with the principles of sound
financial management;

(d) certifying that the declarations of expenditure presented to
the Commission are accurate and ensuring that they result
from accounting systems based on verifiable supporting
documents;

(e) preventing, detecting and correcting irregularities, notifying
these to the Commission, in accordance with the rules and
the progress of
keeping the Commission informed of
administrative and legal proceedings;

(f) cooperating with the Commission to ensure

that
Community funds are used in accordance with the prin-
ciple of sound financial management;

(g) recovering any amounts lost as a result of an irregularity
detected and, where appropriate, charging interest on late
payments.

2.
The Commission, in its responsibility for the implementa-
tion of the general budget of the European Communities, shall
ensure that Member States have smoothly functioning manage-
ment and control systems so that Community funds are effi-
ciently and correctly used.

To that end, without prejudice to the powers of the Court of
Auditors or the checks carried out by the Member States in
accordance with national laws, regulations and administrative
provisions, Commission officials or servants may, in accord-
ance with arrangements agreed with the Member States in the
framework of the cooperation described in paragraph (1)(f),
carry out on-the-spot checks, including sample checks, on the
operations financed by the Fund and on management and
control systems with a minimum of one working day's notice.
The Commission shall give notice to the Member State
concerned with a view to obtaining all the assistance necessary.
Officials or servants of the Member State concerned may take
part in such checks.

The Commission may require the Member State concerned to
carry out an on-the-spot check to verify the correctness of one
or more transactions. Commission officials or servants may
take part in such checks.

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After completing the necessary verifications, the Commis-
3.
sion shall suspend the interim payments in the following situa-
tions:

(a) a Member State is not implementing the action as agreed in

the co-financing decision; or

(b) all or part of an action justifies neither part nor the whole

of the co-financing from the Fund.

the Commission shall, stating its reasons,
In those cases,
request that the Member State submit its comments and, where
appropriate, carry out any corrections within a specified period
of time.

4.
At the end of the period set by the Commission, the
Commission may, if no agreement has been reached and the
Member State has not made the corrections and taking account
of any comments made by the Member State, decide within
three months to:

(a) reduce the interim payment referred to in Article 17(2); or

(b) make the financial corrections required by cancelling all or
the Fund to the action in

the contribution of

part of
question.

In the absence of a decision to do either (a) or (b) the interim
payments shall

immediately cease to be suspended.

Article 19

Financial corrections

The Member States shall, in the first instance, bear the
1.
responsibility for
acting upon
investigating irregularities,
evidence of any major change affecting the nature or condi-
tions for the implementation or supervision of an action and
making the financial corrections required.

The Member State shall make the financial corrections required
in connection with the individual or systemic irregularity. The
corrections made by the Member State shall consist in cancel-
ling all or part of
the Community contribution. The
Community funds released in this way may be re-used by the
Member State for action in the same field as referred to in
Article 4, in compliance with the arrangements to be defined in
accordance with the procedure referred to in Article 21(2).

2.
the
If, after completing the necessary verifications,
Commission concludes that a Member State has not complied
with its obligations under paragraph 1 of this Article, Article
18(3) and (4) shall apply.

3.
Any sum received unduly and to be recovered shall be
repaid to the Commission, together with interest on account of
late payment.

To that end, the agreements and contracts it enters into with
organisations charged with implementing the action shall
contain clauses requiring them to present at least one report a
year detailing progress made with regard to implementation of
the action and achievement of the objectives attributed to it.

In addition, the responsible authority shall have an independent
assessment made of the execution and of the effect of the
actions implemented.

2.
Each year the responsible authority shall draw up a
summary report on implementation of the action in progress,
which shall be attached to the request for co-financing referred
to in Article 8.

3. Within six months of
the deadline fixed in the co-
financing decision for the execution of expenditure, the respon-
sible authority shall send the Commission a final
report
consisting of:

(a) financial accounts and a report on implementation of the
action in accordance with the rules adopted by the
Commission by the procedure referred to in Article 21(2);

(b) the report on assessment referred to in paragraph 1.

4.
The Commission shall submit a mid-term report to the
European Parliament and the Council by 31 December 2002 at
the latest and a final report by 1 September 2005 at the latest.

CHAPTER V

THE COMMITTEE

Article 21

The Committee

1.

The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply.

3.

The Committee shall adopt its rules of procedure.

4.
The Committee may consider any question relating to
this Decision, raised by the chairman or by a representative of
a Member State.

CHAPTER VI

SPECIAL PROVISIONS CONCERNING EMERGENCY MEASURES

Article 20

Article 22

Monitoring and evaluation

Special provisions concerning emergency measures

1.
In each Member State the responsible authority shall take
whatever measures are necessary to monitor and evaluate
action.

The provisions of paragraphs 2 to 5 of this Article shall
the emergency measures

1.
apply to the implementation of
provided for in Article 6.

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Financial assistance from the Fund shall be limited to a
2.
period of six months and shall not exceed 80 % of the cost of
each measure.

3.
The Member State or Member States affected by a mass
influx as referred to in Article 6(1) shall provide the Commis-
sion with a statement of requirements and a plan for the
implementation of
including a
description of the planned measures and the bodies responsible
for their implementation.

the emergency measures,

Available resources

4.
shall be distributed among the
Member States on the basis of the number of persons having
entered each Member State as part of the mass influx referred
to in Article 6(1).

5.

Article 9 and Articles 18 to 21 shall apply.

CHAPTER VII

TRANSITIONAL PROVISIONS

Article 23

Transitional provisions

By way of derogation from Article 11, the following timetable
shall apply for the implementation of the financial years 2000
and 2001:

— the Commission shall

inform the Member States of the
estimated amounts allocated to them the day after this
Decision enters into force. If the Statistical Office of the
European Community does not yet have all the statistics
required by Article 10 the figures used shall be those
supplied by the Member States; in that case the Commis-
sion shall adopt, in accordance with the procedure referred
to in Article 21(2), the rules for interpreting the statistics
supplied by the Member States,
— the Member States shall submit

the requests for co-
financing referred to in Article 8 to the Commission no
later than 20 November 2000,

— the Commission shall approve requests for co-financing
within three months of this submission, following verifica-
tion of the particulars provided for in Article 8(2) and, with

respect to the financial year 2000, subject to the carrying
forward of appropriations to the financial year 2001,
— by way of derogation from Article 14, expenditure actually
paid between 1 January 2000 and the deadline fixed in the
decision granting the co-financing may be eligible for
support from the Fund.

CHAPTER VIII

FINAL PROVISIONS

Article 24

Implementation

The Commission shall be responsible for the implementa-

1.
tion of this Decision.

2. Where necessary, the Commission shall adopt any other
provisions required for the implementation of this Decision in
accordance with the procedure referred to in Article 21(2).

Article 25

Review clause

The Council shall review this Decision on the basis of a
proposal from the Commission by 31 December 2004 at the
latest.

Article 26

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 28 September 2000.

For the Council

The President

D. VAILLANT