Proposal for a Regulation of the European Parliament and of the Council establishing a programme for financial and technical assistance to third countries in the area of migration and asylum
Date: 2003-06-11
Institutions: European Commission
Subjects: EU programme, cooperation policy, financial aid, immigration, technical cooperation, third country

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 11.6.2003
COM(2003) 355 final

2003/0124 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Establishing a programme for financial and technical assistance to third countries in the
area of migration and asylum

(presented by the Commission)

(1) 

(2) 

(3) 

(4) 

EXPLANATORY MEMORANDUM

The conclusions of the Tampere European Council set out the concept of partnership
with third countries in the field of migration and in particular stressed the need for the
European  Union  to  adopt  a  comprehensive  approach  that  address  political,  human
rights and development issues in the countries and regions.

In  response  to  these  conclusions  and  the  transfer  of  new  powers  to  the  Community
under the Amsterdam Treaty, the Commission started to incorporate migration-related
issues into its long-term co-operation policy and programmes for third countries, both
at national and regional levels.

In addition, in 2001, specific appropriations for the financing of preparatory operations
concerning migration and asylum were entered by the budgetary authority for the first
time under Article B7-667 of the general budget of the European Union,1 with priority
given  to  operations  in  association  with  third  countries  and  regions  for  which  the
Council  had  agreed  action  plans  on  migration,  as  long  as  there  was  assurance  of
adequate  political  security  in  the  countries  concerned.2  Three  main  areas  of  action
were  identified:  management  of  migratory  flows;  voluntary  return  and  the  efficient
fulfilment of obligations arising from readmission; fight against illegal immigration.

In  2002  it  was  agreed  to  explore  the  possibilities  of  co-operation  with  geographical
regions  other  than  the  countries  of  origin  covered  by  the  Council's  action  plans.
Priority  was  given  to  countries  and  regions  whose  strategy  papers  and  other  legal
bases  made  provision  for  the  possibility  of  action  on  migration.  Four  areas  were
identified:  operations  recommended  in  the  context  of  immigration  action  plans  for
which Community funding was still needed; aid to help Afghanistan and neighbouring
countries  manage  immigration  and  the  return  of  skilled  Afghans  under  the  overall
Community  policy  for  that  country;  analysis  of  the  structural  development  features
linked  to  migratory  flows  and  pilot  projects  to  design  measures  upstream  of  the
borders  so  that  clandestine  migration  could  be  reduced.  The  2003  programming
exercise is currently under way: a large proportion of the funds allocated (€7 million)
will be used to finance measures under the EU return plan for Afghanistan.

(5)  While it is still too soon to judge the full impact of these preparatory operations, the
Commission believes that the Community needs a specific instrument for co-operation
on  migration  with  third  countries  to  ensure  greater  complementarity  between  budget
line B7-667-financed operations and operations financed under other Community co-
operation and development programmes.

1

2

Under  the  Interinstitutional  Agreement  of  6  May  1999  between  Parliament,  the  Council  and  the
Commission on budgetary discipline and improvement of the budgetary procedure.
Action plans drawn up by the High Level Working Group on Asylum and Immigration.and adopted by
the Council cover Afghanisation and neighbouring areas, Iraq, Morocco, Somalia, Sri  Lanka,  Albania
and neighbouring areas.

2

                                                
(6) 

(7) 

(8) 

(9) 

In its conclusions the Seville European Council made a clear call for greater efforts by
the  EU  to  combat  illegal  immigration  and  to  develop  a  targeted  approach  to  the
problem, making use of all appropriate EU external relations instruments. It noted that,
in  accordance  with  the  Tampere  European  Council  conclusions,  an  integrated,
comprehensive  and  balanced  approach  to  tackling  the  root  causes  of  illegal
immigration had to remain the European Union's constant long-term objective. It also
stressed  the  need  for  co-operation  with  third  countries  in  managing  migratory  flows
and readmission.

On  3  December  2002,  in  response  to  the  Seville  European  Council's  conclusions  on
this subject, the Commission adopted a communication to the Council and Parliament
on  the  integration  of  migration  issues  in  the  European  Union’s  relations  with  third
countries.3 In this communication the Commission stated that co-operation with third
countries  in  the  area  of  migration  called  for  a  three-pronged  strategy:  a  balanced
overall  approach  which  addressed  the  root  causes  of  migratory  movements;  a
partnership  on  migration  stemming  from  a  definition  of  common  interests  with  the
countries  concerned;  and  specific  and  concrete  initiatives  to  help  these  countries  to
increase  their  capacity  in  the  area  of  migration  management.  In  this  context  the
Commission announced that it would propose a multiannual co-operation programme
with third countries with targeted operations to complement others in the same areas
financed under other co-operation and development instruments. The Commission also
set out a number of principles intended to facilitate an integrated, comprehensive and
balanced approach, including the need to tackle migration-related issues in accordance
with  the  strategic  approach  laid  down  by  the  Community  for  the  third  countries
concerned.

As announced in that communication, and in accordance with the  conclusions of  the
Seville  European Council,  the  Commission  is  now  proposing  a  legal  framework  and
increased  appropriations for this new  instrument of  co-operation with  third  countries
in the area of migration.

The instrument will take the form of a multiannual programme for 2004 to 2008 that
will provide specific and complementary financial and technical aid to third countries
in  order  to  support  their  efforts  in  better  managing  migratory  flows  in  all  their
dimensions; it will be in particular intended for the third countries actively engaged in
the preparation or in the implementation of a readmission agreement initialled, signed
or concluded with the European Community.

(10)  The Commission believes that this new, special-purpose instrument is an appropriate
complementary response to the European Council's request and a tangible expression
of the EU's solidarity with third countries that are resolutely committed to improving
management of migratory flows and to readmitting their nationals.

3

COM(2002) 703.

3

                                                
ARTICLE-BY-ARTICLE COMMENTARY

Article 1

sets out the general objective and scope of the  co-operation programme that this Regulation
proposal aims to establish.

Article 2

sets  out  the  specific  objectives  pursued  and  the  operations  that  may  be  financed  under  the
programme.

Article 3

sets out the activities that may be supported by the Community under this programme.

Article 4

lays  down  that  respect  for  democratic  principles  and  fundamental  rights  and  freedoms
constitutes an essential element for the application of this Regulation.

Article 5

defines the  partners eligible  for financial support under this programme and  establishes  that
these projects shall be implemented by the Commission;

Article 6

sets out the eligibility criteria for Community cofinancing under this programme.

Article 7

deals  with  the  financing  and  budgetary  rules  governing  the  co-operation  programme  and
specifies the basic principles for the financing of operations.

Article 8

refers  to  the  coherent  articulation  of  this  co-operation  programme  with  other  Community
operations, instruments and policies.

Article 9

deals with the implementation of the programme and lays down the basic rules and steps with
which the Commission must comply, plus the relevant committee procedures.

Article 10

provides  that  the  Commission  be  assisted  in  implementing  the  programme  by  a  committee
made up of representatives of the Member States.

4

Article 11

obliges  the  Commission  to  monitor  and  evaluate  the  programme.  It  also  requires  the
Commission to submit an interim and a final report to the Parliament and the Council.

Article 12

lays down the duration of the programme.

Article 13

says when the Regulation will enter into force and to whom it is addressed.

5

2003/0124 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Establishing a programme for financial and technical assistance to third countries in the
area of migration and asylum

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
179(1) and Article 181A thereof,

Having regard to the proposal from the Commission4,

Acting in accordance with the procedure laid down in Article 251 of the Treaty,

Whereas:

(1) 

(2) 

(3) 

(4) 

The European Council, at its special meeting in Tampere on 15 and 16 October 1999,
underlined  the  need  for  a  comprehensive  approach  to  migration  addressing  political,
human  rights  and  development  issues  in  third  countries  and  regions  and  called  for  a
greater coherence of internal and external policies of the Union; it stressed the need for
more  efficient  management  of  migration  flows  at  all  their  stages  and  that  the
partnership  with  third  countries  would  be  a  key  element  for  the  success  of  such  a
policy.

The  European  Council  of  Seville  on  21-22  June  2002  highlighted  the  integration  of
immigration  into  the  Union's  relations  with  third  countries  and  the  importance  of
intensified  co-operation  with  third  countries  for  the  management  of  migration,
including the prevention and combating of illegal migration and trafficking in human
beings.

In its conclusions of 18 November 2002 the Council asked the Community to consider
making appropriate assistance available to third countries for implementing the clause
on  joint  management  of  migratory  flows  and  compulsory  readmission  in  cases  of
illegal immigration to be included in any future agreement.

Improved  management  of  migratory  flows,  especially  certain  aspects  of  migration
such  as  the  emigration  of  highly  skilled  nationals  and  the  movement  of  refugees
between  neighbouring  countries,  is  also  a  major  challenge  for  the  development  of
some countries.

4

OJ C , , p. .

6

                                                
(5) 

(6) 

(7) 

(8) 

(9) 

The  Community's  external  co-operation  and  development  programmes  and  policies
contribute indirectly to the handling of the main  factors of migratory  pressure.  More
specifically, since the Tampere European Council the Commission has been trying to
incorporate  migration-related  concerns  into  the  programming  of  the  Community's
external  aid  in  order  to  give  direct  support  to  third  countries  in  their  efforts  to  deal
with the problems arising from legal, illegal or forced migration.

To underpin this programming, the budgetary authority entered specific appropriations
in the general budgets of the European Union from 2001 to 2003 for the financing of
preparatory  operations  carried  out  in  partnership  with  third  countries  and  regions  in
connection with issues of migration and asylum.

Taking  account  of  these  preparatory  actions,  and  referring  to  its  Communication  on
integrating migration issues in the European Union’s relations with third countries5, it
is  considered  necessary  to  endow  the  Community  from  2004  with  a  multiannual
programme  designed  both  to  provide  a  specific,  additional  response  to  the  needs
encountered by third countries in their  efforts to manage more  effectively all aspects
of migration flows, and in particular to stimulate third countries readiness to conclude
readmission agreements, and assisting them in coping with the consequences of such
agreements.

To  ensure  the  consistency  of  the  Community's  external  action,  operations  financed
under this new instrument will be specific and complementary to operations financed
under other Community development co-operation instruments.

The issues arising from migration call for effective, flexible and in some cases speedy
decision-making with a view to financing Community operations.

(10)  Since  the  the  multiannual  work  programme  is  a  management  measure  within  the
meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers conferred to the Commission,6
it should be adopted by use of the management procedure provided for in Article 4 of
that Decision. The other measures necessary for the implementation of this Regulation
should be adopted by use of the advisory procedure provided for in Article  3  of  that
Decision.

(11)  This Regulation establishes a financial framework for the period 2004 to 2008 which
is to be the principal point of reference for the budgetary authority, within the meaning
of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European
Parliament, 
the  Commission  on  budgetary  discipline  and
improvement of the budgetary procedure;

the  Council  and 

(12) 

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  promote,
within  the  framework  of  a  comprehensive  approach  to  migration,  a  more  efficient
management  of  migration  flows  in  close  co-operation  with  the  countries,  cannot  be
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.

5

6

COM(2002) 703.
OJ L 184, 17.7.1999, p. 23.

7

                                                
(13)  The protection of the Community’s financial interests and the fight against fraud and
irregularities  form  an  integral  part  of  this  Regulation.  In  particular,  contracts
concluded  pursuant  to  this  Regulation  should  authorise  the  Commission  to  carry  out
the  measures  provided  for  in  Council  Regulation  (Euratom,  EC)  n°  2185/96  of  11
November  1996  concerning  on-the-spot  checks  and  inspections  carried  out  by  the
Commission in order to protect the European Communities’ financial interests against
fraud and other irregularities.

HAVE ADOPTED THIS REGULATION:

Chapter I – The Objectives and Actions

Article 1

(1) 

(2) 

(3) 

The  Community  implements  a  co-operation  programme  which  aims  to  give  specific
and  complementary  financial  and  technical  aid  to  third  countries  in  order  to  support
their efforts in better managing migratory flows in all their dimensions.

It is in particular intended for the third countries actively engaged in the preparation or
in the implementation of a readmission agreement initialled, signed or concluded with
the European Community.

This Community co-operation programme finances appropriate actions which join in a
coherent  way  national  and  regional  Community  co-operation  and  development
strategies  regarding  the  third  countries  concerned  and  complete  the  actions  –  in
particular  in  the  fields  of  migration,  asylum,  border  control,  refugees  and  displaced
people  –  foreseen  in  the  implementation  of  these  strategies  and  financed  from  other
Community instruments in the field of co-operation and development.

(1)

The  programme  aims  to  promote  co-operation  between  the  Community  and  third
countries by contributing in the third countries concerned to the following objectives:

Article 2

– 

– 

– 

The  development  of  their  legislation  in  the  field  of  legal  immigration,  in
particular on admission rules, on the rights and status of persons admitted, on
equal  treatment  of  legal  residents,  on  integration  and  non-discrimination  as
well as on measures to combat racism and xenophobia;

The  development  of  regular  migration  taking  account  of  the  demographic,
economic  and  social  situation  in  the  countries  of  origin  and  in  the  host
countries;

The  development  of  their  legislation  and  national  practices  as  regards
international protection, with a view to satisfying the provisions of the Geneva
Convention of 1951 on the status of refugees and of the Protocol of 1967 and
other relevant international instruments, to ensuring the respect of the principle
of  « non  refoulement »  and  to  improving  the  capacity  of  the  third  countries
concerned receiving asylum seekers and refugees;

8

– 

– 

The  establishment  in  the  third  countries  concerned  of  an  effective  and
preventive policy in the fight against illegal migration, including in particular
the fight against trafficking in human beings and smuggling of migrants,

The  orderly  readmission  and  durable  reintegration,  into  the  third  country
concerned, of persons who have illegally  entered or remained on the  territory
of the European Union or of persons who have remained on the territory of the
European Union while benefiting from any form of international protection.

(2)

In  order  to  achieve  these  objectives  the  programme  may  in  particular  support  the
following actions:

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Facilitation  of  dialogue  and  exchange  of  information  between  the  institutions
of  the  third  country  and  the  nationals  of  that  country  who  are  considering
emigrating;

Setting  up  of  information  campaigns  on  the  consequences  of  illegal
immigration and of clandestine employment in the European Union;

Dissemination  of  information  on  the  possibilities  of  working  legally  in  the
European Union and on the procedures to be followed to this end;

Development  of  actions  aimed  at  maintaining  links  between  the  local
communities in the country of origin and their emigrants;

Support  for  capacity-building  in  the  field  of  drafting,  implementing  and
ensuring the  effectiveness  of  national  legislation  and  management  systems  as
regards  asylum,  migration  and  the  fight  against  criminal  activities,  organised
crime and corruption connected with illegal immigration;

Evaluation  of  the  institutional  and  administrative  framework  and  of  the
capacities  to  implement  border  controls  as  well  as  improvement  in  the
management of border controls;

Improvement  in  the  security  of  travel  documents  and  visas,  in  their  issuing
conditions and in the detection of false documents and visas;

Introduction  of  systems  for  data  collection,  for  observation  and  analysis  of
the  root  causes  of  migratory
migratory  phenomena; 
movements and the definition of measures aiming to tackle them; facilitation of
the  exchange  of  information  on  migratory  movements,  in  particular  on
migratory flows towards the European Union;

identification  of 

Development of regional and subregional dialogue in the field of asylum and
migration, including illegal migration;

Assistance in the negotiations by the third countries of their own readmission
agreements with their neighbouring countries;

Support for capacity-building in  the third  countries concerned  in  the  fields of
reception  conditions  of  asylum  seekers,  of  readmission  and  the  durable
reintegration of returnees and of resettlement programmes.

9

Article 3

With  a  view  to  pursuing  the  objectives  and  actions  laid  down  in  Article  2,  this  programme
may support, inter alia:

(1)

Measures needed for the identification and preparation of actions, inter alia:

– 

– 

– 

Identification of feasibility studies;

The exchange of technical know-how and experiences between Member States,
third  countries,  European  organisations  and  bodies  and 
international
organisations;

General  studies  concerning  the  Community’s  action  within  the  scope  of  this
Regulation.

(2)

Implementation of projects

– 

– 

– 

Technical  assistance  to  help  implement  the  actions,  including  expatriate  and
local staff;

Training and other services;

Purchasing  and/or  delivering  any  product  or  equipment,  supplies  and
investment expenditure strictly necessary for the implementation of the actions,
including in exceptional circumstances, and when duly justified, the purchasing
or leasing of premises.

(3)

(4)

(5)

Measures to monitor, audit and evaluate actions.

Activities to explain the objectives and results of these actions to the general public.

Actions  to  assess  the  implementation  of  these  operations,  as  well  as  technical
assistance, for the benefit of either of the Community or of third countries.

The  necessary  measures  shall  be  taken  to  emphasise  the  Community  character  of  the
assistance provided under this Regulation.

Article 4

The respect of democratic principles and rule of law, as well as of human and minority rights
and  of  fundamental  freedoms,  constitutes  an  essential  element  for  the  application  of  this
Regulation. If necessary, and as far as possible, the actions financed under this Regulation are
associated with measures aiming to strengthen democracy and the rule of law.

10

Chapter II - The Procedures for the Implementation of the Programme

Article 5

(1)

Partners  eligible  for  financial  support  under  this  programme  may  include  regional
and  international  organisations  and  agencies  (in  particular,  UN  agencies),  non-
governmental  organisations  (NGOs)  or  other  non-state  actors,  federal,  national,
provincial  and  local  governments,  their  departments  and  agencies,  institutes,
associations and public and private operators.

(2)

Operations financed by the Community under this Regulation shall be implemented
by the Commission.

Article 6

Without prejudice to the institutional and political environment in which the partners referred
to  in  Article  5  operate,  the  following  factors  shall  in  particular  be  considered  when
determining a body’s suitability for Community funding:

(1)

(2)

(3)

(4)

(5)

(1)

(2)

(3)

(4)

Its  experience  in  the  field  and  especially  with  actions  in  the  area  of  asylum  and
migration;

Its commitment to defending, respecting and promoting human rights and democratic
principles in a non-discriminatory manner;

Its administrative and financial management capacities;

Its technical and logistical capacity in relation to the planned action;

The  results,  where  relevant,  of  any  previous  actions  carried  out,  in  particular  those
financed by the Community, the Member States and International Organisations.

Chapter III – The Procedures for the Implementation of Operations

Article 7

The  financial  reference  amount  for  the  implementation  of  this  Regulation  shall  be
250 million €.

The annual appropriations shall be authorised by the budgetary authority within the
limits of the financial perspective.

The co-financing of an action under this programme shall be exclusive of any other
financing by another programme financed by the budget of the European Union.

Community funding under this Regulation shall be awarded in accordance  with  the
provisions of the Financial Regulation. The financing decisions and contracts arising
therefrom  shall be  subject  to  financial  control  by  the  Commission  and  to  audits  by
the Court of Auditors.

11

(5)

(1)

(2)

(1)

(2)

(3)

(4)

(5)

(6)

(1)

(2)

The Commission may take any necessary initiative with a view to ensuring good co-
ordination with other donors concerned.

Article 8

The  Commission  shall  ensure  overall  consistency  and  complementarity  with  other
relevant Community policies, instruments, actions and programmes.

In order to strengthen consistency and complementarity between actions financed by
the Community and those financed by Member States with the aim of guaranteeing
optimal  effectiveness  of  these  actions,  the  Commission  takes  all  necessary  co-
ordination measures.

Article 9

The Commission shall be responsible for the management and implementation of this
co-operation programme.

The Commission shall manage  the co-operation programme in  accordance with the
Financial Regulation.

To  implement  the  co-operation  programme,  the  Commission  shall,  in  accordance
with the procedure referred to in Article 10(2), produce an annual work programme.
In  accordance  with  the  objectives  and  criteria  of  the  present  regulation,  the  work
programme  shall  establish  the  priorities  for  the  actions  to  be  supported  in  terms  of
potential  geographic  and  thematic  areas  of  intervention,  the  specific  objectives,  the
anticipated results as well as indicative amount. The Commission may consult other
interested parties in relation to the work programme.

The  work  programme  must  be  articulated  in  a  consistent  and  complementary  way
with  the  Country  Strategy  Papers  and  the  Regional  Strategy  Papers  and  the
development  co-operation  programmes  drawn  up  in  the  framework  of  the
Community policy for co-operation and development.

The  work  programme  will  allow  for  financing  operations  outside  of  the  work
programme  for  unforeseen  contingencies  arising  from  the  specific  nature  of  the
migratory flows.

The Commission shall adopt the list of selected projects according to the procedure
referred to in Article 10(3).

Article 10

The  Commission  shall  be  assisted  by  a  Committee  composed  of  representatives  of
the Member States, and chaired by the representative of the Commission.

Where reference is made to this paragraph, Article 4 of Decision 1999/468/EC shall
apply, in compliance with Article 7 thereof.

12

The period provided for in Article 4 paragraph 3 of Decision 1999/468/EC shall be
set at three months.

(3)

Where reference is made to this paragraph, Article 3 of Decision 1999/468/EC shall
apply, in compliance with Article 7 thereof.

Chapter IV – Reporting

Article 11

(1)

(2)

(3)

The  Commission  shall  monitor  and  regularly  evaluate  the  implementation  of  the
present co-operation programme on a continuous basis.

The Commission shall submit an interim report to the European Parliament and the
Council on the implementation of the co-operation programme by 31 December 2006
at the latest, and a final report by 31 December 2010 at the latest.

At the request of the Member States, the Commission may also evaluate the results
of the Community’s actions and programmes under this Regulation.

Chapter V – Final Provisions

Article 12

The programme established by the present regulation shall operate from 1 January 2004 to 31
December 2008.

Article 13

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the
Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament
The President

For the Council
The President

13

ANNEX 1

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): 19 - External relations

Activity(ies): 19 02 03

TITLE OF ACTION:

PROGRAMME FOR FINANCIAL AND TECHNICAL ASSISTANCE TO THIRD COUNTRIES IN

THE AREA OF MIGRATION AND ASYLUM

1.

BUDGET LINE(S) + HEADING(S)

19 02 03 (ex B7-667) – Co-operation with third countries in the area of migration

OVERALL FIGURES

Total allocation for action (Part B): € 250 million for commitment 

Period of application: 2004 - 2008

Overall multiannual estimate of expenditure:

2.

2.1

2.2

2.3

a) Schedule of commitment appropriations/payment appropriations (financial intervention)

€ million

Year
n

2004

30

15

Commitments

Payments

n + 1

n + 2

n + 3

n + 4

n + 5

Total

2005

2006

2007

2008

45

38

45

45

60

52

70

65

35

b) Technical and administrative assistance and support expenditure

Commitments

Payments

-

-

-

-

-

-

-

-

-

-

-

-

250

250

-

-

Subtotal a+b

Commitments

Payments

30

15

45

38

45

45

60

52

70

65

250

250

35

14

c) Overall financial impact of human resources and other administrative expenditure

0,811

0,811

0,811

0,811

0,811

0.648

4,703

Commitments/
payments

TOTAL a+b+c

Commitments

30,811

45,811

45,811

60,811

70,811

Payments

15,811

38,811

45,811

52,811

65,811

254,703

254,703

0.6
48

35,
648

2.4

Compatibility with financial programming and financial perspective

(cid:1) Proposal compatible with the existing financial programming

Compatible for years 2004 to 2006: new programming to be discussed in 2007 in the
light of the financial perspectives for 2007-2013.

(cid:1) Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial
perspective.

(cid:1) Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional
Agreement.

2.5

Financial impact on revenue

No financial implications on revenue.

3.

BUDGET CHARACTERISTICS

Type of expenditure

New

EFTA
contribution

Contribution
from
applicant
countries

Heading in
financial
perspective

Non-diff

Diff

YES

NO

NO

No 4

4.

LEGAL BASIS

Article 179(1) and Article 181A of the EC Treaty.

15

5.

5.1

DESCRIPTION AND GROUNDS

Need for Community intervention

5.1.1 Objectives pursued

The  expected  continuation,  or  even  acceleration,  of  international  migratory  flows  will  have
major  consequences  for  both  the  European  Union  and  third  countries.  As  stated  in  the
these
Tampere  and  Sevilla  European  Council  conclusions, 
consequences,  it  will  be  necessary  to  strengthen  policies  that  focus  on  the  root  causes  of
international  migration  while  at  the  same  time  working  to  strengthen  the  migration
management  capacity  of  third  countries  through  reinforced  specific  measures.  It  is  on  that
purpose  that  the  Commission,  as  announced  in  communication  to  the  Council  and  the
European Parliament on the integration of migration issues in the European Union’s relations
with  third  countries  adopted  on  3  December  2002,  present  this  Regulation  proposal  which
aims  to  provide  a  legal  framework  for  a  multiannual  programme  of  co-operation  with  third
countries in the area of migration and asylum.

to  successfully  address 

The general objective of this co-operation programme is to give specific and complementary
financial  and  technical  aid  to  third  countries  in  order  to  support  their  efforts  in  better
managing  migratory  flows  in  all  their  dimensions.  It  is  in  particular  intended  for  the  third
countries  actively  engaged  in  the  preparation  or  in  the  implementation  of  a  readmission
agreement  initialled,  signed  or  concluded  with  the  European  Community.  The  programme
aims to promote co-operation between the Community and third countries by contributing in
the third countries concerned to the following objectives:

– 

– 

– 

– 

– 

The  development  of  their  legislation  in  the  field  of  legal  immigration,  in
particular on admission rules, on the rights and status of persons admitted, on
equal  treatment  of  legal  residents,  on  integration  and  non-discrimination  as
well as on measures to combat racism and xenophobia;

The  development  of  regular  migration  taking  account  of  the  demographic,
economic  and  social  situation  in  the  countries  of  origin  and  in  the  host
countries;

The  development  of  their  legislation  and  national  practices  as  regards
international protection, with a view to satisfying the provisions of the Geneva
Convention of 1951 on the status of refugees and of the Protocol of 1967 and
other relevant international instruments, to ensuring the respect of the principle
of  « non  refoulement »  and  to  improving  the  capacity  of  the  third  countries
concerned receiving asylum seekers and refugees;

The  establishment  in  the  third  countries  concerned  of  an  effective  and
preventive policy in the fight against illegal migration, including in  particular
the fight against trafficking in human beings and smuggling of migrants,

The  orderly  readmission  and  durable  re-integration  of  persons  who  have
illegally  entered  or  remained  on  the  territory  of  the  European  Union  into  the
third country concerned.

Third countries' greater capacity to manage migratory flows should have a beneficial impact
on their own development or situation (some third countries are faced with major migratory
flows  that  are  sources  of  instability,  illicit  trafficking  and  economic,  social  and  other

16

difficulties). Community co-operation should also help to strengthen third countries' capacity
to fulfil their international obligations in the areas of asylum and migration, including illegal
migration and readmission.

5.1.2 Measures taken in connection with ex ante – ex post evaluation

The  co-operation  programme  that  the  Commission  proposes  to  set  up  follows  on  from  the
preparatory  operations  on  migration  and  asylum  financed  in  2001-2003  with  appropriations
entered  by  the  budgetary  authority  under  budget  line  B7-667  of  the  general  budget  of  the
European  Union.  While  it  is  still  too  soon  to  judge  the  full  impact  of  the  preparatory
operations in 2001-2003 (most of the 2001 projects are still under way), mid-term reports on
some operations will soon be available. In addition, an overall evaluation of the preparatory
operations will start at the end of the year under the aegis of the Commission services.

5.2

Operations envisaged and budget intervention arrangements

Specific operations and objectives

In  order  to  achieve  the  objectives  described  above  the  co-operation  programme  may  in
particular support the following actions:

– 

– 

– 

– 

– 

– 

– 

– 

Facilitation  of  dialogue  and  exchange  of  information  between  the  institutions
of  the  third  country  and  the  nationals  of  that  country  who  are  considering
emigrating;

Setting  up  of  information  campaigns  on  the  consequences  of  illegal
immigration and of clandestine employment in the European Union;

Dissemination  of  information  on  the  possibilities  of  working  legally  in  the
European Union and on the procedures to be followed to this end;

Development  of  actions  aimed  at  maintaining  links  between  the  local
communities in the country of origin and their emigrants;

Support  for  capacity-building  in  the  field  of  drafting,  implementing  and
ensuring the  effectiveness  of  national  legislation  and  management  systems  as
regards  asylum,  migration  and  the  fight  against  criminal  activities,  organised
crime and corruption connected with illegal immigration;

Evaluation  of  the  institutional  and  administrative  framework  and  of  the
capacities  to  implement  border  controls  as  well  as  improvement  in  the
management of border controls;

Improvement  in  the  security  of  travel  documents  and  visas,  in  their  issuing
conditions and in the detection of false documents and visas;

Introduction  of  systems  for  data  collection,  for  observation  and  analysis  of
migratory  phenomena; 
the  root  causes  of  migratory
movements and the definition of measures aiming to tackle them; facilitation of
the  exchange  of  information  on  migratory  movements,  in  particular  on
migratory flows towards the European Union;

identification  of 

17

– 

– 

– 

Development of  regional and subregional dialogue in the field of asylum and
migration, including illegal migration;

Assistance in the negotiations by the third countries of their own readmission
agreements with their neighbouring countries;

Support for capacity-building in  the third  countries concerned  in  the  fields of
reception  conditions  of  asylum  seekers,  of  readmission  and  the  durable
reintegration of returnees and of resettlement programmes.

Target population:

Notably:

– 

– 

– 

– 

– 

people in third countries wishing to emigrate;

staff of third countries working in the field of asylum and migration;

the authorities in third countries responsible for asylum and migration and the
management of borders;

third-country nationals being readmitted or having opted for voluntary return;

refugees and persons seeking international protection.

Expected outcomes

The expected outcomes are varied but complementary: greater capacity of third countries to
manage migratory flows; third countries more able to handle requests for asylum  efficiently
and fairly, plus a better general knowledge of migration and related issues; a growth of third
countries'  administrative,  legislative  and  practical  capacity  to  handle  asylum  and  migration
issues (including readmission) and to meet their obligations in these fields; better organisation
of legal migration in third countries; more frequent recourse to legal channels by candidates
for  emigration  from  third  countries;  reduction  in  the  trafficking  in  migrants  and  related
criminal activities; drop in illegal immigration to the EU.

5.3

Implementation arrangements

Direct management by the Commission using regular and external staff.

6.

6.1

FINANCIAL IMPACT

Total financial impact on Part B - (over the entire programming period)

The breakdown of financing by action and the cost calculation by measure will be decided on
drawing  up  the  work  programme  provided  for  in  Article 9  of  this  legal  basis,  taking  into
account the appropriation for the programme each year. The work programme shall establish
the  priorities  for  the  actions  to  be  supported  in  terms  of  potential  geographic  and  thematic
areas  of  intervention,  the  specific  objectives,  the  anticipated  results  as  well  as  indicative
amount.

18

6.2.

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire
programming period)

The cost calculation by measure will be decided on drawing up the work programme provided
for  in  Article 9  of  this  legal  basis,  taking  into  account  the  appropriation  for  the  programme
each year. The work programme shall establish the priorities for the actions to be supported in
terms of potential geographic and thematic  areas of intervention, the specific objectives,  the
anticipated results as well as indicative amount.

7.

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1.

Impact on human resources

Types of post

Staff to be assigned to management of the
action using existing and/or additional
resources

Number of
permanent posts

Number of
temporary posts

Officials or
temporary staff

1 A (RELEX)
1 A (JAI)
-
4 A (AIDCO)

A
B
C

Other human resources
Total

6 A

Total

1A
1A
-
4A

6 A

Description of tasks deriving from the
action

chairing 

committee,

Programming, 
following up implementation
-
Identification,  preparation,  financing,
implementation and evaluation

7.2

Overall financial impact of human resources

Type of human resources

Amount €

Method of calculation*

Officials
Temporary staff

Other human resources

648.000

6 X 108 000

(give budget line)

Total

648.000

The amounts are total expenditure for twelve months.

19

7.3

Other administrative expenditure deriving from the action

Budget line
(number and heading)

Overall allocation (Title A7)
A0701 - Missions
-
A07030 - Meetings
A07031 - Compulsory committees (1)
A07032 - Non-compulsory committees (1)
A07040 - Conferences
A0705 - Studies and consultations
Other expenditure (state which)

Information systems (A-5001/A-4300)

Other expenditure - Part A (state which)

Amount €

Method of calculation

50 500
-
5000
37 500
-
20 000
50 000

8 X 1250 (EU)
17 X 2500 (outside EU)
5 X 1000
3 meetings X 25 MS X 500
-
1 X 20 000
1 X 50 000

_

_

_

_

Total

163.000

The amounts are total expenditure for twelve months.

(1) Specify the type of committee and the group to which it belongs.

I.
II.
III.

Annual total (7.2 + 7.3)
Duration of action
Total cost of action (I x II)

€811 000
5 years + 1 year staff only
€4 055 000 + € 648 000 = € 4 703 000

8.

8.1

FOLLOW-UP AND EVALUATION

Follow-up arrangements

Each  measure  taken  under  this  programme  will  have  an  internal  monitoring  and  evaluation
system that will determine and check the specific results and impact indicators. AIDCO will
also organise mid-term and final monitoring and evaluation missions for the more important
operations.

8.2

Arrangements and schedule for the planned evaluation

There will be a mid-term report and ex post evaluation for each operation financed under this
programme. Article 11 of the legal basis obliges the Commission to monitor and evaluate the
programme.  It  requires  the  Commission  to  send  Parliament  and  the  Council  an  interim  and
final report on the implementation of the co-operation programme.

20

9.

ANTI-FRAUD MEASURES

The  protection  of  the  Community’s  financial  interests  and  the  fight  against  fraud  are  an
integral  part  of  this  Regulation.  The  EuropeAid  Co-operation  Office  will  administer  the
contracts  and  payments.  Each  of  the  operations  financed  under  this  programme  will  be
supervised by AIDCO throughout all the project cycles. This supervision will take account of
contractual  obligations  and  the  principles  of  cost/benefit  analysis  and  sound  financial
management.  Any  agreement  or  contract  concluded  under  this  Regulation  shall  expressly
provide  for  monitoring  of  the  expenditure  authorised  in  the  course  of  projects/programmes
and  the  implementation  of  activities,  and  for  financial  control  by  the  Commission,  in
particular the European Anti-Fraud Office.

21