Proposal for a Council Decision establishing the European Refugee Fund for the period 2005-2010 {SEC(2004) 161}
Date: 2004-02-12
Institutions: European Commission
Subjects: admission of aliens, aid to refugees, fund (EU), refugee

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.02.2004 
COM(2004) 102 final 

2004/0032 (CNS) 

Proposal for a 

COUNCIL DECISION 

establishing the European Refugee Fund for the period 2005-2010 

. 

(presented by the Commission) 

SEC(2004) 161 

EN 

   EN 

 
 
 
  
 
 
 
 
 
 
EXPLANATORY MEMORANDUM 

ERF II: GREATER FINANCIAL SOLIDARITY AND MORE STRATEGIC 
SUPPORT FOR THE COMMON EUROPEAN ASYLUM SYSTEM 

The Council Decision of 28 September 20001 establishing a European Refugee Fund (ERF) 
was  one  of  the  first  asylum  policy  measures  to  be  adopted  on  the  basis  of  the  Treaty  of 
Amsterdam.  The  Fund,  which  was  backed  by  the  European  Parliament  and  based  on  a 
proposal  by  the  Commission,  has  been  instrumental  in  laying  the  foundations  of  collective 
action  by  the  Community  for  the  reception  of  asylum-seekers  and  people  requiring 
international  protection  as  part  of  a  comprehensive  approach.  It  has  also  helped  to  secure 
agreement on the Directive on temporary protection in the event of a mass influx of displaced 
persons.  The  first  phase  of  legislative  harmonisation  establishing  the  common  European 
asylum system is nearing completion, and under the terms of the original decision the Council 
must now review this decision by 31 December 2004 at the latest on the basis of a proposal to 
be produced by the Commission. 

A thorough evaluation and extensive  consultation of the  parties  concerned  was  drawn  on  to 
prepare  this  proposal:  the  mid-term  evaluation  of  ERF  I  completed  in  November  2003,  a 
broad-based  review  conference  held  on  30-31  October  2003  and  an  extended  impact 
assessment (separate Commission working document).2 

1. 

RESULTS OF ERF I AND NEEDS IDENTIFIED FOR ERF II 

RESULTS OF ERF I 

On  the  whole,  the  Fund  has  fulfilled  the  role  assigned  to  it  in  2000  as  an  instrument  of 
solidarity. 

Distribution of resources 

The amount initially earmarked for the Fund was increased by the budgetary authority in 2002 
and 2003. The methods of calculating the annual allocations to the Member States, laid down 
in Article 10 of the Council Decision, allowed changes in the distribution of funds between 
the  Member  States  to  reflect  changes  in  the  number  of  asylum  applications  and  people 
awarded  refugee  status  or  another  form  of  international  protection.  The  fixed  amounts 
provided for in Article 10(1) have had a positive corrective effect, by adjusting the allocation 
of funds in a way that is comparable to (but administratively simpler then) criteria such as the 
relative burden borne by each country (particularly in terms of number of asylum applications 
per  capita  GNP).  The  Member  States  encountered  a  few  difficulties  at  the  beginning  of  the 
programme,  largely  due  to  the  late  adoption  of  the  decision  by  the  Council  in  September 
2000, but the programme and projects were fully operational by 2002. 

The Member States to benefit most from the Fund are Germany, the United Kingdom, France 
and the Netherlands (together accounting for around 64% of the total). Then come Sweden, 
Austria, Italy and Belgium (about 25.5% of the total). Finally, Ireland, Spain, Finland, Greece 
Luxembourg and Portugal account for the last 10.5%. 

1 
2 

Decision 2000/596/EC of 28.9.2000, OJ L 252, 6.10.2000. 
SEC (2004) 161, 12.02.2004. 

2 

 
 
  
 
 
                                                 
Impact on national asylum systems 

Looking  at  the  way  Member  States  have  implemented  ERF  I,  we  can  identify  three  main 
strategies. One group of countries (Italy, Spain, Portugal and Greece) had limited experience 
of  reception,  integration  and  voluntary  returns  before  the  creation  of  the  Fund.  These 
countries have concentrated on developing reception facilities. This is particularly striking in 
the  case  of  Italy,  which  has  developed  a  national  programme  thanks  to  the  Fund.  A  second 
group  of  Member  States  with  a  longer  history  of  structural  asylum  policy  (the  Netherlands, 
Germany,  the  United  Kingdom,  Sweden  and  Finland)  have  generally  chosen  to  develop 
integration and return projects. The third group (France and Luxembourg) have used the Fund 
more  as  additional  funding  for  activities  that  already  existed.  There  are  other  variations, 
dictated  mainly  by  the  nature  and  quality  of  the  reception  provisions.  Some  Member  States 
(Austria,  Spain,  Germany,  Greece  and  the  United  Kingdom),  for  example,  tend  to  use  the 
Fund  for  projects  geared  to  individuals,  whereas  others  (Belgium,  France,  Luxembourg, 
Ireland) give priority to systems and structures. 

Measures and beneficiaries 

In  the  area  of  reception  and  access  to  procedures  (51%  of  national  Fund  activities  between 
2000  and  2002),  the  activities  co-financed  by  the  ERF  focused  mainly  on  improving 
accommodation  and  meeting  basic  needs,  training  staff  working  with  asylum-seekers, 
providing  help  for  people  who  are  traumatised,  advising  asylum-seekers  and  improving 
networking  and  cooperation  between  public  authorities,  NGOs  and  governmental 
organisations. 

In the area of integration (28% of national Fund activities between 2000 and 2002), ERF aid 
went  to  language  training,  promoting  employability,  advice  on  housing,  education, 
understanding and accessing social benefits, and  on developing  partnerships between public 
authorities,  Community  organisations,  employers  and  housing  organisations  and  on  public 
information campaigns on refugee issues. 

In the area of returns (21% of national Fund activities between 2000 and 2002), ERF aid was 
mainly  used  to  increase  practical  assistance  for  repatriation,  to  develop  networks  between 
organisations  in  Europe  and/or  countries  of  origin,  advice,  vocational  training  geared  to  the 
possibilities  for  reintegration  and  finding  jobs  in  the  countries  of  origin  and  devising 
information strategies on the situation in the countries of origin. The proportion of repatriation 
projects has risen sharply, from 15.82% in  2000 to 24.45% in 2002. However, it is proving 
difficult to implement them. 

We estimate that between 250 000 and 350 000 people (asylum-seekers or people who enjoy 
some  form  of  international  protection  in  the  European  Union)  have  benefited  directly  or 
indirectly from the projects co-financed by the Fund between 2000 and 2002. 

The  amounts  devoted  to  Community  actions  (5%  of  the  Fund's  budget)  have  been  used 
between  2000  and  2002  to  subsidise  research  and  evaluation  activities  (53%),  public 
awareness campaigns (24%) and capacity-building (23%). 

No  use  has  yet  been  made  of  the  emergency  measures,  given  the  absence  of  any  situation 
requiring the adoption of a temporary protection scheme at Community level. 

WHAT IS NEEDED IN THE SECOND PHASE OF THE ERF? 

3 

 
 
  
 
Greater emphasis on European policy dimension, added value and additionality 

When  the  Fund  was  created,  the  European  Union  did  not  possess  a  coherent  body  of 
legislation in the field of asylum. Now that this has been developed, it is clear that the way 
national  co-financing  has  been  applied  has  paid  scant  attention  to  the  general  goal  of 
European  convergence  on  asylum  policy.  A  number  of  crucial  requirements  have  been 
identified:  awareness  of  the  impact  of  transposal  and  implementation  of  European  asylum 
legislation and policy guidelines at European level, comparisons between practices at the level 
of  both  management  and  the  actions  co-financed,  the  identification  of  best  practice  and 
greater  possibilities  for  transnational  projects.  However,  it  is  important  that  each  Member 
State should still be able to make its own choices, so that actions satisfy the specific needs of 
its  asylum  system,  which  are  the  product  of  its  particular  structural  characteristics  and  its 
history  of  accepting  refugees.  In  this  context,  particular  emphasis  was  placed  in  the 
preparatory consultations on the need to involve all those with an interest in asylum policy in 
each Member State more closely in the definition of the national strategies for implementing 
the Fund, in order to increase its impact and the incentive effect it has on the partners. 

Greater  emphasis  must  be  placed  on  the  principle  of  additionality  and  added  value  of 
Community funding in conjunction with the development of a common asylum policy. ERF 
funds are not intended as a substitute for the national resources that would normally be spent 
on  national  provisions  for  reception,  integration  and  voluntary  return,  but  to  assist  the 
Member States in developing provisions and structures for enforcing and supporting asylum 
policy,  in  particular  by  supporting  action  to  accompany  the  implementation  of  the  common 
standards resulting from Community asylum legislation, and by promoting innovation. 

Role of other financial instruments in the field of migration 

Since  2003  the  European  Union  has  acquired  a  number  of  new  instruments  providing  for 
solidarity  in  the  management  of  migratory  flows.  A  budget  heading  has  been  created  for 
funding pilot projects in 2003 and preparatory action in 2004 and 2005 to explore the issue of 
the integration of migrants (other than refugees) in the European Union. It received €4 million 
in  2003  and  at  least  €5  million  in  2004.  The  establishment  of  the  European  Agency  for  the 
Management of Operational Cooperation at the External Borders3 is a reflection of collective 
action  in  the  management  of  the  external  borders.  The  Commission  has  also  proposed 
financial  support  in  the  form  of  preparatory  measures  to  manage  returns  in  2005  and  2006. 
This would have a total budget of €30 million and would focus on cases specifically identified 
on a common basis, covering both voluntary and forced returns, including the costs involved 
in actual return operations. The Council and Parliament Regulation on financial and technical 
assistance to third countries in the area of migration and asylum should be adopted in early 
2004. It will have a budget of €250 million for the period 2004-08. The EQUAL programme 
under the ESF, part of which covers the problem of integrating asylum-seekers in the labour 
market, will end in 2007. For the entire programming period 2000-2006, EQUAL will have an 
endowment of €125 million for the Asylum-seekers strand. It is therefore important to ensure 
consistency and complementarity with all these instruments. It is also clear that the transfer to 
the second phase of the multiannual programming of ERF II, as proposed below, must take 
into account the impact of these instruments and any follow-up to them.  

Enlargement 

3 

COM (2003) 687, 11.11.2003. 

4 

 
 
  
 
                                                 
Although  the  acceding  countries  are  covered  for  the  first  time  by  ERF  I  in  2004,  they  will 
only be fully introduced to the management and objectives of the Fund from 2005. During the 
consultations that preceded this proposal, particular emphasis was placed on the need for clear 
Europe-wide guidelines to accompany the implementation of the Fund in these new Member 
States.  It  is  also  likely  that  the  number  of  asylum-seekers  and  refugees  for  whom  these 
countries will be directly responsible will gradually increase. Finally, more attention will have 
to be paid to the questions of integration and voluntary returns in these countries in future. 

Administrative arrangements 

The first phase of the Fund was based on a system of shared management with the Member 
States. In the light of experience with this system, the following needs have been identified: 

- greater emphasis on cost-effectiveness (given the importance for the target group and grant 
recipients  of  having  access  to  information  and  to  management  procedures  in  their  native 
language); 

- greater role for the Commission in the strategic and operational implementation of the Fund; 

- solutions to the difficulties highlighted by many Member States during the first phase of the 
Fund in the area of management, particularly related to the complexity and costliness of the 
administrative  rules  and  the  difficulties  that  the  payment  arrangements  for  the  Community 
funds pose for national administrations that do not have funds under their national budgets for 
paying project beneficiaries the advance on the Community contribution. 

2. 

MAIN CHARACTERISTICS OF ERF II 

More closely tied in with legislative harmonisation and European asylum policy 

At a time when at least six pieces of secondary legislation laying down common standards in 
asylum  policy  are  about  to  take  effect  in  all  Member  States,  it  is  essential  that  the  Fund  be 
applied as a genuinely complementary measure by Member States which will undoubtedly be 
confronted by structural changes prompted by the arrival of groups of people covered by the 
Fund  and  by  the  new  legislation.  There  is  now  a  need  for  proper  implementation  plans  at 
national  level.  The  need  for  further  European  action  in  the  management  of  asylum  systems 
has  also  become  apparent,  for  example  the  organised  admission  into  the  EU  of  people 
requiring  international  protection  (under  resettlement  schemes).  Finally,  the  need  for 
complementarity  and  coherence  will  increase  with  the  second  phase  of  legislative 
harmonisation, as laid down in Tampere and in the draft constitutional treaty. 

For this reason the Commission believes the Fund should be renewed, by launching a second 
phase that will be more strategic and will take greater account of Community legislation and 
its effects. This second phase will last six years, so there will be multiannual programming for 
two  three-year  periods.  By  splitting  it  this  way  it  will  be  possible  to  take  into  account  the 
impact of the new financial perspectives in 2007 and also to assess the impact on the Fund of 
the development of other financial instruments in the field of migration. 

The  proposal  is  to  retain  the  same  target  groups  as  in  the  first  phase,  with  the  addition  of 
people admitted into the EU for international protection reasons under resettlement schemes. 
Although this group was not formally excluded from the Fund before, there was no mention 
of  it,  which  led  to  confusion.  This  is  now  an  issue  of  European  concern,  referred  to  in 

5 

 
 
  
 
Commission  communications4  and  the  recent  Presidency  conclusions,5  and  the  subject  of 
operational programmes in several Member States. 

In the interests of coherence in asylum policy, the three main types of measure (reception and 
asylum procedures, integration, voluntary returns) remain, but defined more precisely on the 
basis  of  experience  with  ERF  I.  In  fact,  greater  coherence  will  be  ensured  by  allowing  the 
co-financing of actions covering two or all of the aspects of asylum. This does not pre-empt 
the  assessment  of  the  impact  of  and  follow-up  to  financial  instruments  such  as  the  pilot 
projects on integration or preparatory measures for the management of returns, which will be 
carried out at the end of their funding period. The year 2007 would be the ideal time for such 
an assessment (end of the funding period for all of these tools and new financial perspectives). 

Community action (10% of the funds allocated to the Fund, instead of the current 5%) will be 
increased  by  concentrating  on  best  practice,  more  transnational  projects,  dialogue  and 
information on projects results. 

Finally, the emergency measures connected with the application of the Directive on temporary 
protection in the event of a mass influx of displaced persons are renewed. 

Improved management and a more strategic role for the Commission 

is  still  a  need 

to  delegate  certain  management 

There 
including  budgetary 
implementation,  to  the  Member  States  in  the  second  phase  of  the  Fund.  This  is  because  of 
both  the  differences  between  asylum  systems  in  the  Member  States  at  the  moment  and  the 
need  to  support  initiatives  liable  to  achieve  results  and  have  an  impact  on  the  situation  of 
people  in  the  Member  States  and  on  the  systems  associated  with  reception,  integration  and 
voluntary  return.  The  substantial  increase  proposed  in  the  Fund's  resources  in  the  second 
phase is another reason for continuing delegation. 

tasks, 

The analysis of the results of the first phase of the Fund, the need that has been voiced for the 
Commission to play a greater role, particularly in planning and pooling information, and the 
entry into force of the new Financial Regulation (and implementing rules) tightening up the 
rules on the delegation of public service tasks to external institutions or organisations have all 
contributed to the decision to opt for a system of shared management in the second phase of 
the Fund, with management tasks being delegated to the Member States via designated bodies 
in each country (responsible authorities). 

At  the  same  time  as  management  and  financial  tasks  are  delegated  to  the  responsible 
authorities, measures will be taken to simplify the management framework and ensure greater 
coherence and interoperability between management systems and information systems. 

The  Commission,  for  its  part,  will  be  responsible  for  examining  and  approving  the 
multiannual programmes (which would be proper strategic work plans by the Member States, 
produced  after  national  consultations  involving  those  involved  in  asylum  policy)  and  the 
annual  applications  for  co-financing.  It  would  also  provide  Member  States  with  more 
guidance and information on implementing the Fund. 

4 
5 

COM (2000) 755, 22.11.2000, COM (2003) 152, 26.3.2003, COM (2003) 315, 3.6.2003. 
Thessaloniki European Council, 19-20 June 2003, and JHA Council, 27.11.2003. 

6 

 
 
  
 
                                                 
3. 

ALLOCATION OF RESOURCES AND DISTRIBUTION CRITERIA 

As  stated  in  its  communication  of  3  June  2003,  and  in  the  spirit  of  the  text  of  the  draft 
constitutional  treaty  produced  by  the  Convention  on  the  Future  of  Europe,  the  Commission 
believes that more resources should be devoted to Community solidarity in the area of asylum 
policy, within the constraints of the financial perspectives. It therefore envisages two financial 
phases: the first from 2005 to 2007, when the amounts allocated would be broadly similar to 
those in the current phase, but with a slight increase, and a second phase, from 2008 to 2010, 
when  there  would  a  sizeable  increase  in  the  allocations,  depending  on  the  new  financial 
perspectives.  This  increase  would  enable  the  Fund  to  become  more  than  just  a  symbolic 
gesture and to produce results and have a significant impact not only on the target groups but 
also  on  asylum  systems  in  general.  This  outlook  combines  sensible  management  of  the 
Community  budget  with  the  need  to  make  more  strategic  use  of  the  financial  resources 
devoted  to  its  asylum  policy.  These  two  phases  will  also  allow  us  to  take  account  of  the 
parallel changes and advances, reflected in both the allocation of financial resources and the 
content  of  the  legal  bases,  being  made  in  EU  solidarity  in  managing  migratory  flows 
(management  of  external  borders,  instruments  of  policy  on  returns,  action  to  promote  the 
integration  of  third-country  nationals,  administrative  cooperation  between  Member  States, 
programme of technical and financial assistance or third countries in the area of asylum and 
migration). 

In view of the objectives of this instrument and the different situations of the Member States, 
the  Commission  considers  that  the  distribution  criteria  laid  down  for  ERF  I  should  not  be 
radically  changed.  The  basic  reference  point  should  thus  continue  to  be  the  number  of 
asylum-seekers and people in need of international protection actually being looked  after in 
each Member State. The principle of an adjustment in the form of a fixed grant should also be 
retained. It is proposed to raise this fixed amount to €300 000, to enable all the Member States 
to  meet  their  obligations  as  regards  the  management  of  the  Fund,  and  abolishing  the 
degressive element built into ERF I. Special aid for the new Member States for the first three 
years of ERF II would raise this amount to €500 000, which should be used as a first priority 
to make good structural shortfalls. 

4. 

LEGAL BASIS  

Article 63(2)(b) of the Treaty establishing the European Community is the legal basis for this 
decision, which has as its immediate objective to support and promote the efforts made by the 
Member States in receiving and bearing the consequences of receiving refugees and displaced 
persons.  If  the  United  Kingdom  and  Ireland  wish  the  decision  to  apply  to  them  they  must 
notify  this  in  accordance  with  Article  3  of  the  Protocol  on  their  position,  annexed  to  the 
Treaty  on  European  Union  and  the  Treaty  establishing  the  European  Community.  Denmark 
will not take part in the adoption of the decision or be subject to its provisions, in accordance 
with Articles 1 and 2 of the Protocol on the position of Denmark. 

5. 

SUBSIDIARITY AND PROPORTIONALITY 

Subsidiarity 

The requirement of promoting a balance in the efforts made by the Member States requires a 
financial  contribution  aimed  at  both  relieving  the  pressure  on  the  Member  States  most 
affected and developing the capacity of the Member States whose asylum infrastructure and 

7 

 
 
  
 
services  are  inadequate,  and  presupposes  a  redistribution  at  European  Union  level  which 
cannot be achieved by the Member States in isolation. 

Proportionality 

The  decision  will  make  it  possible  to  provide  financial  support  from  the  European  Refugee 
Fund to the actions listed in each of the areas of action it refers to, while leaving the Member 
States  to  select  the  actions  and  the  way  in  which  they  are  to  be  carried  out  under  schemes 
agreed  in  conjunction  with  the  Commission.  However,  given  the  adoption  of  common 
standards  in  asylum  policy  since  the  creation  of  the  Fund  in  2000,  and  the  increased 
importance  of  solidarity  in  the  management  of  migratory  flows,  the  strategic  aspect  of  this 
instrument as a tool of the common European asylum system is now accentuated (particularly 
through  multiannual  programming),  and  provision  is  made  for  an  increase  in  the  financial 
resources  to  be  deployed  under  shared  management.  The  use  of  Community  appropriations 
must also be subject to clear and uniform rules contained in a Council decision, which is the 
appropriate instrument for implementing Community programmes. 

COMMENTARY ON THE ARTICLES 

Article 1 

This  article  establishes  the  European  Refugee  Fund  for  the  period  from  January  2005  to 
December  2010  and  describes  in  general  terms  the  objective  of  supporting  the  efforts  of 
Member States to receive refugees and displaced persons in order to help achieve a balance in 
the  efforts  made  by  each  in  this  respect,  while  at  the  same  time  tying  it  more  closely  to 
ongoing legislative harmonisation and European asylum policy. 

Article 2 

This article emphasises the principle of annuality of the budget and incorporation within the 
financial perspectives of the Union. It provides for a meeting to be held after the adoption of 
the  new  financial  perspective  and,  if  necessary,  for  the  possibility  of  ensuring  consistency 
between annual grants. 

Article 3 

This  article  describes  the  various  categories  that  constitute  the  target  groups  which  may  be 
concerned in one way or another by the actions covered by the Decision. 

Article 4 

This  article  lists  the  three  areas  of  action  in  the  Member  States  where  support  from  the 
European Refugee Fund contributes to achieving the objective set in Article 1 and puts them 
in  the  context  of  support  for  the  application  of  Community  legislation.  It  also  allows  the 
inclusion of a number of horizontal questions and emphasises that the Fund's resources are not 
a substitute for funding provided by the Member States for asylum policy. 

Article 5 

This article describes the eligible action in the Member States relating to reception conditions 
and asylum procedures. 

8 

 
 
  
 
Article 6 

This article describes the eligible action in the Member States relating to integration. 

Article 7 

This article describes the eligible action in the Member States relating to voluntary returns. 

Article 8 

This article describes the action managed direct by the Commission, which may account for 
up  to  10%  of  the  annual  allocation.  Such  action  must  be  of  interest  to  the  Community  as a 
whole because of its innovatory or transnational aspects or because it supports legislation and 
helps to identify best practice in the Community. 

Article 9 

This article provides for the possibility of support from the Fund for emergency measures in 
the  event  of  the  introduction  of  temporary protection  measures  under  Directive  2001/55/EC 
(mass  influx  of  displaced  persons).  Emergency  measures  fall  outside  the  implementation  of 
long-term actions supported by the Fund and are in addition to them. Their function is to meet 
the  basic  needs  of  the  people  concerned  and  the  immediate  requirements  of  the  Member 
States. 

Article 10 

This article determines the Commission’s role in implementing the Council decision. 

Article 11 

This article specifies the joint and several responsibilities of the Commission and the Member 
States for implementation and for the cooperation required for shared management within the 
meaning  of  Article  53  of  the  Financial  Regulation,  tailored  to  the  specific  conditions  of  the 
European  Refugee  Fund.  In  particular,  it  takes  account  of  Article  35  of  the  provisions 
implementing  the  Financial  Regulation  concerning  prior  checks  on  the  management  and 
control systems in the Member States. 

Article 12 

This  article  provides  for  the  establishment  of  responsible  authorities  in  the  Member  States 
charged with administering the budget under the system of shared management. It lays down 
the minimum conditions such authorities must meet, requires national funding to be provided 
and specifies the various tasks they must perform. 

Article 13 

This article states that the Commission will be assisted by an advisory committee. The choice 
of  this  type  of  committee  is  consistent  with  the  criteria  set  out  in  Council  Decision 
1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing 
powers conferred on the Commission6. 

6 

OJ L 184, 17.7.1999, p.23. 

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Article 14 

This article specifies that projects in the Member States will be implemented on the basis of 
two phases of multiannual programmes (2005-2007 and 2008-2010). This new approach will 
make it possible to respond to the need for more strategic deployment of the Fund's resources 
in  the  service  of  asylum  policy  and  to  introduce  significant  structural  changes  in  certain 
Member States and any adjustments that may be necessary as a result of the adoption of the 
new financial perspectives. The Commission will lay down guidelines and indicative financial 
allocations  before  the  start  of  each  programming  period.  The  draft  programmes  will  be 
approved  by  the  Commission  after  examining  them  in  the  light  of  the  Fund  objectives  and 
checking  that  they  comply  with  a  number  of  conditions  and  the  timetable  laid  down  in  the 
article. 

Article 15 

This  article  provides  for  the  adoption  of  annual  programmes  within  the  multiannual 
programming period, in order to respect the principle of budgetary annuality. The procedure 
will be simpler than that in the decision establishing the first phase of the Fund, in that these 
annual programmes will form part of the multiannual framework. 

Article 16 

This article indicates how the available resources will be divided between the Member States. 
The distribution system combines an allocation proportional to the number of people received 
who  belong  to  the  target  groups  and  a  fixed  amount  of  a  more  structural  nature.  The 
degressive element of this fixed amount that existed in the decision establishing the first phase 
of the Fund has been  abolished.  The fixed amount given  to the  new Member  States  will be 
higher  during  the  first  three  years  of  the  second  phase.  This  formula  has  proved  to  be 
successful  in  reconciling  support  for  the  Member  States  that  receive  the  most  people,  the 
criterion of  ratio  of number of  people to  GNP  and  the  objectives  of  making  good  structural 
shortfalls. 

Article 17 

This  article  lays  down  the  conditions  for  using  annual  co-financing  for  technical  and 
administrative assistance in the Member States. 

Article 18 

This article contains special provisions for implementing emergency measures in the event of 
temporary protection. Aid for these measures is limited to the emergency period of six months 
and must not exceed 80% of the cost of each measure. The Member States must inform the 
Commission  about  their  needs  and  the  measures  they  intend  to  introduce.  The  Commission 
will  divide  the  available  resources  between  the  Member  States  according  to  the  number  of 
people receiving temporary protection in their territory. 

Article 19 

This  article  sets  out  the  structure  of  funding  and  specifies  the  form  this  will  take 
(non-refundable  grants)  and  the  principle  that  measures  co-financed  are  not  eligible  for 
funding from other sources covered by the Community budget (such as the European Social 
Fund,  financial  support  for  managing  returns,  the  programme  of  technical  and  financial 
assistance for third countries in the field of migration and asylum). Funding from the Fund is 

10 

 
 
  
 
intended  to  facilitate  the  implementation  of  projects  in  the  Member  States  by  lessening  the 
burden on public finances, not to replace action by the Member States or to allow the Member 
States  to  shirk  their  responsibilities.  Under  the  co-financing  arrangement  the  level  of  the 
Fund's financial contribution is accordingly set at a maximum of 50% of the total cost of each 
specific measure. This proportion may, however, be increased by 10% in the case of special 
actions or 25% in Member States that are covered by the Cohesion Fund. Unlike the decision 
on the first phase of the Fund, this article allows for funding for actions lasting one to three 
years, subject to re-examination of the progress achieved. 

Article 20 

This  article  specifies  the  conditions  of  eligibility  applying  to  expenditure.  The  Commission 
will adopt specific implementing provisions under Article 13. 

Article 21 

This  article  lays  down  the  conditions  for  the  budgetary  commitments  made  by  the 
Commission. 

Article 22 

This  article  lays  down  the  arrangements  and  conditions  for  making  payments  to  the 
responsible authorities in the Member States.  

Article 23 

This  article  lays  down  rules  on  the  declarations  of  expenditure  and  the  principles  of  sound 
financial  management  to  be  applied  by  the  responsible  authorities  in  the  Member  States.  It 
takes account of Article 42(2)(a) of the implementing provisions of the Financial Regulation. 

Article 24 

This article lays down the arrangements and conditions for auditing and financial corrections 
by the Commission in accordance with the relevant clauses of the Financial Regulation and its 
implementing provisions.  

Article 25 

This  article  specifies  the  arrangements  and  conditions  for  auditing  and  financial  corrections 
by the Commission in accordance with the relevant  clauses of  the Financial Regulation and 
under the terms of shared management. 

Article 26 

This article lays down the general principles for the monitoring and evaluation of the Fund by 
the Member States and the Commission. 

Article 27 

This  article  lays  down  the  conditions  and  timetable  for  the  reports  to  be  produced  by  the 
Member States and the Commission for the purpose of the monitoring and evaluation of the 
Fund. 

11 

 
 
  
 
Article 28 

On the assumption that the decision establishing the second phase of the Fund will be adopted 
in the second half of 2004, this article contains a transitional measure relating to the timetable 
for  the  first  multiannual  programming  period  2005-2007.  It  expressly  requires  the  Member 
States to designate responsible authorities and sets a deadline for doing so. 

Article 29 

On the assumption that the decision establishing the second phase of the Fund will be adopted 
in the second half of 2004, this article contains a transitional measure relating to the timetable 
for the first annual programme for 2005. It expressly requires the Member States to provide a 
description of the management and control systems that will be put in place (Article 35(3) of 
the provisions implementing the Financial Regulation). 

Article 30 

This article provides for a re-examination of the decision after six years. 

Article 31 

Addressees

12 

 
 
  
 
2004/0032 (CNS) 

Proposal for a 

COUNCIL DECISION 

establishing the European Refugee Fund for the period 2005-2010 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission7, 

Having regard to the opinion of the European Parliament8, 

Having regard to the opinion of the European Economic and Social Committee9, 

Having regard to the opinion of the Committee of the Regions10, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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 
gradually creating an area of freedom, security and justice open to those who, forced 
by circumstances, legitimately seek protection in the European Union. 

Implementation  of  this  policy  should  be  based  on  solidarity  between  Member  States 
and requires the existence of mechanisms 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  was  established  for  the 
period 2000-2004. 

It is necessary to continue this process and establish a European Refugee Fund for the 
period 2005-2010 to ensure solidarity between the Member States in the light of new 
Community  asylum  legislation  and  taking  account  of  the  experience  acquired  when 
implementing the first phase of the Fund for the period 2000-2004. 

It is necessary to support the efforts made by the Member States to grant appropriate 
reception conditions to refugees and displaced persons and to apply fair and effective 
asylum  procedures  so  as  to  protect  the  rights  of  persons  requiring  international 
protection and enable asylum systems to work smoothly. 

7 
8 
9 
10 

OJ C […] […], p. […] 
OJ C […] […], p. […] 
OJ C […] […], p. […] 
OJ C […] […], p. […] 

13 

 
 
  
 
                                                 
(5) 

(6) 

(7) 

(8) 

(9) 

The  integration  of  persons  enjoying  international  protection  into  the  society  of  the 
country  in  which  they  are  established  is  one  of  the  objectives  of  the  Geneva 
Convention. Such persons must be enabled to share in the values set out in the Charter 
of  Fundamental  Rights  of  the  European  Union  and  in  the  rights  and  obligations  of 
European citizenship. To this end, there should be support for action by the Member 
States  to  promote  their  social,  economic  and  cultural  integration  in  so  far  as  it 
contributes  to  economic  and  social  cohesion,  the  maintenance  and  strengthening  of 
which  is  one  of  the  Community's  fundamental  objectives  provided  for  by  Articles  2 
and 3(1)(k) of the Treaty. 

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 
should be given the opportunity to provide for themselves 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  conditions  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 should be found of testing innovatory action and action of Community 
interest  in  this  field,  and  exchanges  between  Member  States  should  be  encouraged 
with a view to identifying and promoting the most effective practices. 

(10)  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 
pursuant  to  Council  Directive  2001/55/EC  on  minimum  standards  for  giving 
temporary  protection  in  the  event  of  a  mass  influx  of  displaced  persons  and  on 
measures  promoting  a  balance  of  efforts  between  Member  States  in  receiving  such 
persons and bearing the consequences thereof.11 

(11)  With  a  view  to  establishing  financial  solidarity  in  an  effective,  relevant  and 
proportionate fashion and taking account of experience  acquired when implementing 
the  European  Refugee  Fund  between  2000  and  2004,  shared  management 
arrangements  should  be  adopted  and  the  Commission’s  responsibilities  and  those  of 
the  Member  States  should  be  delineated.  Appropriate  national  structures  should  be 
designated for that purpose and their duties should be formalised. 

(12)  The support provided by the European Refugee Fund will be more efficient and better 
targeted  if  co-financing  of  eligible  actions  is  based  on  two  multiannual  strategic 
intervention  programmes  and  on  an  annual  work  programme  drawn  up  by  each 
Member State taking into account its situation and needs, including within the context 
of the development of the Common European Asylum System. 

11 

OJ L 212, 87.8.2001, p. 12. 

14 

 
 
  
 
                                                 
(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. 

(14)  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 Commission.12 

(15)  The Member States should provide sufficient guarantees as regards arrangements for 
the  results  of  action 
implementation  and  quality  of  execution,  as  regards 
implementation  and  assessment  and  as  regards  proper  financial  management  and 
supervision. 

(16)  Efficient monitoring is one way of ensuring that the action of the European Refugee 
Fund is effective. The conditions governing monitoring should be formalised. 

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

(18)  The responsibility of the Member States for pursuing and correcting irregularities and 
infringements, and the responsibility of the Commission where the Member States do 
not comply with their obligations, should be specified. 

(19)  The effectiveness and impact of actions supported by the European Refugee Fund also 
depend  on  their  evaluation.  The  responsibilities  of  the  Member  States  and  the 
Commission  in  this  regard,  and  arrangements  to  ensure  the  reliability  of  evaluation, 
should be formalised. 

(20)  Actions should be evaluated with a view to a mid-term review and impact assessment, 
into  project  monitoring 

the  evaluation  process  should  be 

incorporated 

and 
arrangements. 

(21)  The  objectives  of  the  proposed  initiative,  namely  to  demonstrate  solidarity  between 
Member States by achieving a balance in the efforts made by those Member States in 
receiving refugees and displaced persons in the light of developments in Community 
asylum  policy,  cannot  be  sufficiently  achieved  by  the  Member  States  and  can 
therefore, by reason of the scale or impact of the initiative, be better achieved by the 
Community  in  accordance  with  the  principle  of  subsidiarity.  In  accordance  with  the 
principle  of  proportionality,  this  Decision  does  not  go  beyond  what  is  necessary  to 
achieve those objectives. 

(22) 

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,  Denmark  is  not  participating  in  the  adoption  of  this  Decision  and  is 
therefore not bound by it nor subject to its application. 

12 

OJ L 184, 17.7.1999, p. 23. 

15 

 
 
  
 
                                                 
HAS ADOPTED THIS DECISION: 

CHAPTER I 

OBJECTIVES AND TASKS 

Article 1 

1. 

2. 

1. 

2. 

Establishment of the European Refugee Fund for the period from 2005 to 2010, and 
objectives 

This  Decision  establishes  the  European  Refugee  Fund  (“the  Fund”)  for  the  period 
from 1 January 2005 to 31 December 2010. 

The purpose of the Fund shall be to support and encourage the efforts made by the 
Member States in receiving and bearing the consequences of receiving refugees and 
displaced  persons,  taking  account  of  Community  legislation  in  these  matters  by 
co-financing the actions provided for by this Decision. 

Article 2 

Financial provisions 

The  annual  appropriations  for  the  Fund  shall  be  authorised  by  the  budgetary 
authority within the limits of the financial perspectives. 

In the  context  of the budgetary procedure  for 2008, the  Commission shall  indicate, 
by 1 May 2007 at the latest, whether the amount for 2008-2010 is sufficient for the 
new  financial  perspectives.  If  necessary,  the  Commission  shall  take  steps  in  the 
course  of 
the  annual 
appropriations are consistent with the financial perspectives. 

the  2008-2010  budgetary  procedures 

to  ensure 

that 

Article 3 

Groups targeted by the actions 

For the purposes of this Decision the target groups shall comprise the following categories: 

(1) 

(2) 

(3) 

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 
its  1967  protocol  and  who  are  permitted  to  reside  as  refugees  in  one  of  the 
Member States; 

any third-country nationals or stateless persons authorised to reside in one of 
the  Member  States  on  the  basis  that  they  require  international  protection 
within the framework of a resettlement scheme; 

any third-country nationals or stateless persons enjoying a form of subsidiary 
protection within the meaning of Directive […]; 

16 

 
 
  
 
 
(4) 

(5) 

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

any third-country nationals or stateless persons enjoying temporary protection 
within the meaning of Directive 2001/55/EC. 

Article 4 

Actions 

1. 

The Fund shall support actions in Member States relating to: 

(a) 

reception conditions and asylum procedures; 

(b) 

(c) 

integration  of  persons  referred  to  in  Article  3  whose  stay  in  the 
Member State is of a lasting and/or stable nature; 

voluntary return of persons referred to in Article 3, provided they have 
not  acquired  a  new  nationality  and  have  not  left  the  territory  of  the 
Member State. 

2. 

3. 

Without  prejudice  to  other  secondary  legislation  adopted  subsequently  on  asylum 
procedures, eligibility for refugee status, subsidiary protection and long-term resident 
in  particular,  promote 
status,  actions  provided  for  by  paragraph  1  must, 
implementation of the provisions of Council Regulations (EC) Nos 2725/200013 and 
343/200314 and Council Directives 2001/55/EC,15 2003/9/EC16 and2003/86/EC.17 

Actions shall  take  account  of  gender-related issues and of the specific needs of the 
most vulnerable, including persons who have been tortured or subjected to inhuman 
and degrading treatment and shall give priority to the best interests of children. The 
actions provided for in paragraph 1(a), (b) and (c) may be carried out on a joint basis. 

Article 5 

Eligible national actions relating to reception conditions and asylum procedures 

Actions  relating  to  reception  conditions  and  asylum  procedures,  and  in  particular  the 
following, shall be eligible for support from the Fund: 

– 

– 

– 

accommodation infrastructure or services; 

provision of material aid and medical or psychological care; 

social assistance, information or help with administrative formalities; 

13 
14 
15 
16 
17 

OJ L 316, 15.12.2000, p.1. 
OJ L 50, 25.2.2003, p.1. 
OJ L 212, 7.8.2001, p.12. 
OJ L 31, 6.2.2003, p.18. 
OJ L 251, 3.10.2003, p.12. 

17 

 
 
  
 
                                                 
– 

– 

– 

– 

legal aid and language assistance; 

education, language training, help with finding work; 

improvements to the efficiency and quality of asylum procedures; 

first  reception  and  management  facilities  in  the  Member  States  for  persons 
admitted under resettlement schemes; 

– 

information for the local population in the host country. 

Article 6 

Eligible national actions relating to integration 

Actions relating to integration into the society of the Member State of residence of the persons 
referred  to  in  Article  4(1)(b)  and  members  of  their  family,  and  in  particular  the  following, 
shall be eligible for support from the Fund: 

– 

– 

– 

– 

– 

– 

social assistance in areas such as housing, means of subsistence, medical and 
psychological care; 

actions  enabling  recipients  to  adapt  to  the  society  of  the  Member  State, 
including  in  socio-cultural  terms  and  to  share  the  values  enshrined  in  the 
European  Union’s  Charter  of  Fundamental  Rights  and  the  rights  and 
obligations of European citizenship; 

actions to promote participation in civil and cultural life; 

education, vocational training, recognition of qualifications and diplomas; 

actions designed to enable these persons to provide for themselves; 

actions to promote the integration of these persons involving local authorities, 
the  general  public  or  refugee  associations,  for  example  via  voluntary  work, 
sponsorship  or  the  participation  of  socio-economic  interest  groups  or  trade 
unions. 

Article 7 

Eligible national actions relating to voluntary return 

Actions  relating  to  voluntary  return,  and  in  particular  the  following,  shall  be  eligible  for 
support from the Fund: 

– 

– 

– 

information  and  advisory  services  concerning  voluntary  return  initiatives  or 
programmes; 

information on the situation in the country or region of origin; 

general or vocational training and help with reintegration; 

18 

 
 
  
 
– 

action  by  communities  of  origin  resident  in  the  European  Union  to  facilitate  the 
voluntary return of the persons referred to in this Decision. 

Article 8 

Community actions 

1. 

In addition to the projects provided for by Articles 5, 6 and 7, at the Commission's 
initiative,  up  to  10%  of  the  Fund's  available  resources  may  be  used  to  finance 
innovatory  action  or  action  of  interest  to  the  Community  as  a  whole  concerning 
asylum policy and measures applicable to refugees and displaced persons as referred 
to in paragraph 2. 

2. 

Eligible Community actions essentially concern the following areas: 

(a) 

(b) 

(c) 

(d) 

furthering  of  Community  cooperation  in  implementing  Community 
law and good practices; 

support  for  the  setting-up  of  transnational  cooperation  networks  to 
facilitate exchanges of experience and good practice; 

for 

support 
transnational 
innovative  pilot  projects  based  on 
partnerships designed to stimulate innovation and improve the quality 
of asylum policy; 

support  for  transnational  awareness-raising  campaigns  for  target 
audiences on European asylum policy and the situation of the persons 
referred to in Article 3; 

(e) 

support for the use of IT and communications technology. 

Article 9 

Emergency measures 

1. 

In  the  event  of  temporary  protection  mechanisms  within  the  meaning  of  Council 
Directive  2001/55/EC  being  implemented,  the  Fund  shall  also  finance  measures  to 
help  the  Member  States  which  are  separate  from  and  in  addition  to  the  actions 
referred to in Article 4. 

2. 

Eligible emergency measures concern the following types of action: 

(a) 

(b) 

reception and accommodation; 

provision of means of subsistence, including food and clothing; 

(c) 

medical, psychological or other assistance; 

(d) 

staff and administration costs linked to reception of persons concerned 
and implementation of measures; 

(e) 

logistical and transport costs. 

19 

 
 
  
 
CHAPTER II 

IMPLEMENTATION AND MANAGEMENT PROVISIONS 

Article 10 

Implementation 

The  Commission  shall  be  responsible  for  implementing  this  Decision  and  shall  adopt  such 
implementing rules as may be necessary. 

Article 11 

Respective responsibilities of the Commission and the Member States 

1. 

The Commission shall: 

(a) 

(b) 

adopt  guidelines  for  the  priorities  of  the  multiannual  programmes 
provided for by Article 14 and shall notify the Member States of the 
indicative financial allocations for the Fund; 

ensure,  as  part  of  its  responsibility  for  executing  the  general 
Community budget, that appropriate management and control systems 
are in place in the Member States and that they operate smoothly, so 
as  to  guarantee  that  Community  funds  are  used  properly  and 
effectively.  These  measures 
include  documentary  and 
on-the-spot  checks  carried  out  on  a  prior  basis  on  implementation 
procedures,  control  systems,  accounting  procedures  and 
the 
the 
procurement  and  grant  allocation  procedures  followed  by 
responsible  authorities.  The  Commission  shall  review  procedures  or 
systems whenever substantial changes are made; 

shall 

(c) 

implement the Community projects provided for by Article 8. 

2. 

The Member States shall: 

(a) 

(b) 

(c) 

be  responsible  for  implementing  national  actions  supported  by  the 
Fund by taking the measures needed for the effective operation of the 
Fund  at  national  level,  and  involving  all  those  concerned  by  asylum 
policy in accordance with national practice; 

set  up  the  appropriate  structure  (Responsible  Authority  for  the 
European Refugee Fund) to manage national projects supported by the 
Fund in accordance with the applicable Community legislation and the 
principle of sound financial management; 

be responsible in the first instance for financial control of actions and 
shall ensure that management systems and checks are implemented in 
such  a  way  as  to  guarantee  that  Community  funds  are  used  properly 

20 

 
 
  
 
 
and effectively. They shall provide the Commission with a description 
of these systems; 

that 

the  declarations  of  expenditure  submitted 

certify 
the 
Commission  are  accurate  and  shall  ensure  that  they  result  from 
accounting systems based on verifiable supporting documents 

to 

cooperate  with  the  Commission  for  the  collection  of  the  statistics 
needed for the implementation of Article 16. 

(d) 

(e) 

3. 

In cooperation with the Member States, the Commission shall: 

(a) 

(b) 

(c) 

the  results  of  actions 
assume  responsibility  for  disseminating 
undertaken  during  the  2000-2004  phase  of  the  European  Refugee 
Fund and of those to be implemented in the 2005-2010 phase; 

ensure  that  appropriate  information,  publicity  and  follow-up  are 
provided for actions supported by the Fund; 

ensure  that  actions  are  cohesive  with,  and  complementary  to,  other 
relevant Community policies, instruments and initiatives. 

Article 12 

Responsible authorities 

1. 

Each  Member  State  shall  appoint  a  responsible  authority  which  shall  handle  all 
communication with the Commission. The authority may be the Member State itself, 
a  national  public  body  or  a  private-law  body  governed  by  the  law  of  the 
Member State  and  which  has  a  public-service  mission.  Where  the  Member  State 
designates  a  responsible  authority  other  than  itself,  it  shall  lay  down  all  the 
arrangements governing its relations with the said authority and the latter’s relations 
with the Commission. 

2. 

The body designated as the responsible authority shall meet the following minimum 
conditions. It shall: 

(a) 

(b) 

(c) 

have  legal  personality,  except  where  it  is  a  functional  body  of  the 
Member State; 

have  the  infrastructure  required  for  easy  communication  with  a  wide 
range  of  users  and  with  the  responsible  bodies  in  the  other  Member 
States and the Commission; 

work  in  an  administrative  context  allowing  it  to  carry  out  its  tasks 
correctly and avoiding any conflict of interest;  

(d) 

be in a position to apply Community fund management rules; 

(e) 

have  financial  and  management  capacities  commensurate  with  the 
volume of Community funds which it will be called upon to manage;  

21 

 
 
  
 
(f) 

have  at 
its  disposal  personnel  with  appropriate  professional 
qualifications  and  language  skills  for  administrative  work  in  an 
international environment.  

3. 

The Member State shall provide the responsible authority with adequate funding so 
that  it  can  carry  out  its  tasks  properly  and  uninterruptedly  throughout  the  period 
2005-2010. 

4. 

The responsible authorities’ tasks shall include the following: 

(a) 

consulting  relevant  partners  (non-governmental  organisations,  local 
authorities, competent international organisations, social partners etc.) 
to establish the multiannual programme; 

(b) 

organising and advertising calls for tenders and proposals; 

(c) 

(d) 

(e) 

(f) 

organising  selection  and  award  procedures  for  Fund  co-financing  in 
accordance  with  the  principles  of  transparency,  equal  treatment  and 
non-combination of grants; 

ensuring  consistency  and  complementarity  between  co-financing 
under  the  Fund  and  from  other  relevant  national  and  Community 
financial instruments; 

administrative, contractual and financial management of actions; 

information and advisory activities; dissemination of results; 

(g)  monitoring and evaluation; 

(h) 

cooperation  and  liaison  with  the  Commission  and  the  responsible 
authorities in the other Member States. 

The  responsible  authorities’  management  activities  for  projects  implemented  in  the 
Member  States  can  be  financed  under  the  technical  and  administrative  assistance 
arrangements referred to in Article 17. 

The  Commission,  acting  in  accordance  with  the  procedure  provided  for  by  Article 
13(2),  shall  adopt  rules  concerning  the  Member  States’  management  and  control 
systems, including rules for the administrative and financial management of national 
projects co-financed by the Fund. 

Article 13 

Committee 

The Commission shall be assisted by a Committee. 

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

The Committee shall adopt its rules of procedure. 

22 

5. 

6. 

1. 

2. 

3. 

 
 
  
 
CHAPTER III 

PROGRAMMES 

Article 14 

Multiannual programmes 

1. 

2. 

3. 

4. 

Actions in the Member States shall be implemented on the basis of two multiannual 
programme phases, each lasting three years (2005-2007 and 2008-2010). 

For  each  programme  phase,  on  the  basis  of  guidelines  for  the  priorities  of  the 
multiannual  programmes  and  indicative  financial  allocations  provided  by  the 
Commission and provided for by Article 11(1), each Member State shall propose a 
draft multiannual programme which includes the following elements: 

(a) 

(b) 

(c) 

(d) 

(e) 

description  of  the  current  situation  in  the  Member  State  as  regards 
arrangements  for  reception,  asylum  procedures,  integration  and 
voluntary repatriation of the groups covered by Article 3; 

analysis of requirements in the Member State in question in terms of 
reception,  asylum  procedures,  integration  and  voluntary  repatriation 
and  an  indication  of  operational  objectives  designed  to  meet  these 
requirements during the period covered by the programme; 

presentation of an appropriate strategy to achieve these objectives and 
the  priority  attached  to  their  attainment,  taking  account  of  the 
consultation of the relevant partners provided for in Article 12(4), and 
a brief description of the actions envisaged to implement the priorities; 

indication  of  whether  this  strategy  is  compatible  with  other  regional, 
national and Community instruments; 

a draft financing plan which sets out, for each priority and each year, 
the Fund’s proposed financial contribution and the overall amount of 
public or private co-financing. 

The  Member  States  shall  submit  their  draft  multiannual  programme  no  more  than 
four  months  after  the  Commission  has  provided  the  guidelines  and  indicative 
financial allocations for the period in question. 

The  Commission,  acting  in  accordance  with  the  procedure  provided  for  by  Article 
13(2),  shall  approve  the  multiannual  programmes  within  three  months  of  receiving 
them  after  examining  the  requests  in  the  light  of  the  recommendations  in  the 
guidelines. 

Article 15 

Annual programmes 

23 

 
 
  
 
 
1. 

2. 

3. 

4. 

1. 

2. 

3. 

The multiannual programmes approved by the Commission shall be implemented by 
means of annual work programmes. 

The  Commission  shall  provide  the  Member  States,  no  later  than  1  July  each  year, 
with an estimate of the amounts to be allocated to them for the following year from 
the total appropriations allocated under the annual budgetary procedure, calculated as 
provided by Article 16. 

The Member States shall submit to the Commission, no later than 1 November each 
year, a draft annual programme for the following year, drawn up in accordance with 
the approved multiannual programme and including: 

(a) 

(b) 

(c) 

the  general  rules  for  selection  of  projects  to  be  financed  under  the 
annual programme; 

a description of the tasks to be carried out by the responsible authority 
when implementing the annual programme; 

the proposed financial breakdown of the Fund’s contribution between 
the  programme’s  various  actions  and  an  indication  of  the  amount 
requested  to  cover  technical  and  administrative  assistance  under 
Article 17 for the purpose of implementing the annual programme. 

When examining the Member State’s proposal, the Commission shall take account of 
the  final  amount  of  the  appropriations  allocated  to  the  Fund  under  the  budgetary 
procedure and shall adopt the decision on co-financing from the Fund no later than 1 
March of the year in question. The decision shall indicate the amount allocated to the 
Member State and the period for which the expenditure is eligible. 

Article 16 

Annual breakdown of resources for actions in the Member States provided for by 
Articles 5, 6 and 7 

Each Member State shall receive a fixed amount of €300.000 from the Fund's annual 
allocation.  This  amount  shall  be  fixed  at  €500.000  per  annum  for  2005,  2006  and 
2007 for the states which accede to the European Union on 1 May 2004. 

The remainder of the available annual resources shall be broken down between the 
Member States as follows: 

(a) 

(b) 

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

65 % in proportion to the number of persons referred to in Article 3(4) 
and (5) registered over the previous three years. 

The reference figures are the latest statistics produced by the Statistical Office of the 
European  Communities  in  accordance  with  Community  law  on  the  collection  and 
analysis of asylum data. 

24 

 
 
  
 
Article 17 

Technical and administrative assistance 

Part  of  the  annual  co-financing  allocated  to  a  Member  State  may  be  set  aside  to  cover 
expenditure  on  technical  and  administrative  assistance  for  preparation,  monitoring  and 
evaluation of actions. 

The annual amount set aside for technical and administrative assistance may not exceed 5% of 
the total annual co-financing allocated to a Member State, plus €30.000. 

Article 18 

Special provisions concerning emergency measures 

1. 

2. 

3. 

The Member States shall provide the Commission with a statement of requirements 
and an implementation plan for the emergency measures provided for by Article 9, 
including  a  description  of  the  planned  measures  and  the  bodies  responsible  for 
implementing them. 

Financial  assistance  from  the  Fund  for  the  emergency  measures  provided  for  by 
Article 9 shall be limited to a period of six months and shall not exceed 80 % of the 
cost of each measure. 

Available resources shall be distributed among the Member States on the basis of the 
number  of  persons  benefiting  from  temporary  protection  in  each  Member  State  as 
referred to in Article 9(1). 

4. 

Articles 19(1) and (2), 20 and 22 to 25 shall apply. 

CHAPTER IV 

FINANCIAL MANAGEMENT AND SUPERVISION 

Article 19 

Financing structure 

1. 

2. 

3. 

4. 

The Fund’s financial participation shall take the form of non-refundable grants. 

Actions co-financed by the Fund shall not be eligible for funding from other sources 
covered by the Community budget. 

Fund  appropriations  shall  be  complementary  to  public  or  equivalent  expenditure 
allocated by the Member States to the measures covered by this Decision. 

The Community contribution to supported projects shall not exceed: 

(a) 

as regards actions implemented in the Member States under Articles 5, 6 and 7, 
50%  of  the  total  cost  of  a  specific  action.  This  may  be  increased  to  60%  for 

25 

 
 
  
 
 
particularly  innovative  actions  or  actions  carried  out  by  transnational 
partnerships, and to 75% in the Member States covered by the Cohesion Fund; 

(b) 

as  regards  calls  for  proposals  within  the  framework  of  Community  actions 
under Article 8, 80% of the total cost of a specific action. 

As  a  general  rule,  Community  financial  aid  granted  for  actions  supported  by  the 
Fund  shall  be  given  for  a  period  of  no  more  than  three  years,  subject  to  periodic 
progress reports. 

Article 20 

Eligibility 

Expenditure shall correspond to the payments effected by the final grant recipients. It 
shall be justified by receipted invoices or accounting documents of equivalent status. 

Expenditure  may  be  considered  eligible  for  support  from  the  Fund  only  if  it  is 
actually  paid  no  earlier  than  1  January  of  the  year  referred  to  in  the  Commission 
decision on co-financing indicated in Article 15(4). 

The  Commission,  acting  in  accordance  with  the  procedure  provided  for  by  Article 
13(2), shall adopt the rules governing eligibility of expenditure within the framework 
of  actions  implemented  in  the  Member  States  under  Articles  5,  6  and  7  and 
co-financed by the Fund. 

5. 

1. 

2. 

3. 

Article 21 

Commitments 

Community budgetary commitments shall be made annually on the basis of the Commission 
decision on co-financing referred to in Article 15(4). 

Article 22 

Payments 

1. 

2. 

3. 

The contribution from the Fund shall be paid by the Commission to the responsible 
authority in accordance with budgetary commitments. 

A  pre-financing  payment  representing  50%  of  the  amount  allocated  in  the 
Commission’s  annual  decision  on  co-financing  by  the  Fund  shall  be  made  to  the 
Member State within sixty days following the adoption of the co-financing decision. 

A second pre-financing payment shall be made no more than three months after the 
Commission  has  approved  a  report  on  implementation  of  the  annual  work 
programme  and  a  declaration  of  expenditure  accounting  for  at  least  70%  of  the 
amount  of  the  initial  payment.  The  amount  of  the  second  pre-financing  payment 
made by the Commission shall not exceed 50% of the total amount allocated by the 
co-financing  decision  or,  in  any  event,  the  balance  of  the  amount  of  Community 

26 

 
 
  
 
4. 

1. 

2. 

3. 

1. 

funds actually committed by the Member State for selected projects under the annual 
programme minus the first pre-financing payment. 

Payment  of  the  balance  shall  be  made  no  more  than  three  months  after  the 
Commission has approved the annual programme’s final implementation report and 
the final declaration of expenditure provided for by Articles 23(3) and 27(2); failing 
that,  a  request  for  reimbursement  of  amounts  released  under  the  initial  or  second 
payments  in  excess  of  the  final  expenditure  approved  for  the  Fund  shall  be  issued 
within that deadline. 

Article 23 

Declarations of expenditure 

For  all  expenditure  which  it  declares  to  the  Commission,  the  responsible  authority 
shall provide assurance that the national implementation programmes are managed in 
accordance with the applicable Community regulations and that the funds are used in 
accordance with the principle of sound financial management. 

Declarations  of  expenditure  shall  be  certified  by  a  service  or  body  operationally 
independent of the responsible authority. 

Within nine months of the deadline laid down in the co-financing decision whereby 
expenditure  must  be  effected,  the  responsible  authority  shall  forward  a  final 
declaration  of  expenditure  to  the  Commission.  Failing  that,  the  Commission  shall 
automatically terminate the programme and release the relevant appropriations. 

Article 24 

Audit of accounts and financial corrections by the Member States 

Without prejudice to the Commission's responsibilities for implementing the general 
budget of the European Communities, the Member States shall be take responsibility 
in  the  first  instance  for  financial  control  of  actions.  To  that  end,  the  measures  they 
take shall include: 

(a) 

(b) 

organising,  on  the  basis  of  an  appropriate  sample,  checks  on  actions 
covering at least 10% of the total eligible expenditure for each annual 
implementing programme and on a representative sample of approved 
actions. Member States shall ensure an appropriate separation between 
checks  and  implementation  or  payment  procedures  concerning 
actions; 

preventing,  detecting  and  prosecuting  irregularities,  notifying  the 
Commission  of  them  in  accordance  with  the  rules  and  keeping  the 
Commission  informed  of  the  progress  of  administrative  and  judicial 
proceedings;  

(c) 

cooperating with the Commission to ensure that Community funds are 
used in accordance with the principle of sound financial management. 

27 

 
 
  
 
2. 

3. 

1. 

2. 

The  Member  States  shall  make  the  financial  corrections  required  where  an 
irregularity is ascertained, having regard to whether it is an individual or a systemic 
case. The corrections made by the Member State shall consist in cancelling all or part 
of  the  Community  contribution,  and,  where  the  amount  is  not  repaid  in  the  time 
allowed  by  the  relevant  Member  State,  default  interest  shall  be  due  at  the  rate 
provided for by Article 25(4). 

The  Commission,  acting  in  accordance  with  the  procedure  provided  for  by  Article 
13(2),  shall  adopt  the  rules  and  procedures  for  financial  corrections  made  by  the 
Member States in connection with projects implemented in the Member States under 
Articles 5, 6 and 7 and co-financed by the Fund. 

Article 25 

Audit of accounts and financial corrections by the Commission 

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  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. 

If,  after  completing  the  necessary  verifications,  the  Commission  concludes  that  a 
Member State is not complying with its obligations under Article 24, it shall suspend 
the  pre-financing  or  final  payment  relating  to  co-financing  from  the  Fund  for  the 
relevant annual programmes in the following situations: 

(a) 

(b) 

(c) 

a Member State is not implementing the actions as agreed in the co-
financing decision, or; 

all  or  part  of  an  action  justifies  neither  part  nor  the  whole  of  the 
co-financing from the Fund; 

there are serious deficiencies in management and control systems that 
could give rise to systemic irregularities. 

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

3. 

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: 

28 

 
 
  
 
 
 
(a) 

reduce the pre-financing or final payments, or 

(b)  make the financial corrections required by cancelling all or part of the 

contribution of the Fund to the actions in question. 

In the absence of a decision to do either (a) or (b) the interim or final payments shall 
immediately cease to be suspended. 

Any sum received unduly or to be recovered shall be repaid to the Commission. If 
the amount owed has not been repaid by the deadline set by the Commission, it shall 
bear  interest  at  the  rate  applied  by  the  European  Central  Bank  to  its  principal 
refinancing  operations  in  euros,  plus  three  and  a  half  points.  The  reference  rate  to 
which the increase applies shall be the rate in force on the first day of the month of 
the final date for payment, as published in the C series of the Official Journal of the 
European Union. 

The  Commission,  acting  in  accordance  with  the  procedure  provided  for  by  Article 
13(2),  shall  adopt  rules  and  procedures  for  financial  corrections  made  by  the 
Commission  in  connection  with  projects  implemented  in  the  Member  States  under 
Articles 5, 6 and 7 and co-financed by the Fund. 

CHAPTER V 

MONITORING, EVALUATION AND REPORTS 

Article 26 

Monitoring and evaluation 

The Commission shall carry out regular monitoring on the Fund in cooperation with 
the Member States. 

The  Fund  shall  be  evaluated  regularly  by  the  Commission  in  partnership  with  the 
Member  States  to  assess  the  relevance,  effectiveness  and  impact  of  actions  in  the 
light of the objectives referred to in Article 1. It shall also look at complementarity 
between  the  actions  implemented  under  the  Fund  and  those  pursued  under  other 
relevant Community policies, instruments and initiatives. 

4. 

5. 

1. 

2. 

Article 27 

Reports 

1. 

In each Member State the responsible authority shall take the necessary measures to 
ensure project monitoring and evaluation. 

To  that  end,  the  agreements  and  contracts  it  concludes  with  the  organisations 
responsible  for  action  implementation  shall  include  clauses  laying  down  an 
obligation  to  submit  regular  and  detailed  reports  on  the  state  of  progress  of 
implementation and completion of the assigned objectives. 

29 

 
 
  
 
 
 
2. 

No more than nine months after the eligibility deadline for expenditure laid down in 
the co-financing decision for each annual programme, the responsible authority shall 
submit  a  final  implementation  report  and  a  final  declaration  of  expenditure  to  the 
Commission as provided by Article 23(3). 

3. 

The Member States shall submit to the Commission: 

(a) 

(b) 

no  later  than  31  December  2006,  an  evaluation  report  on  the 
implementation of actions co-financed by the Fund; 

no  later  than  30  June  2009  and  30  June  2012  respectively,  an 
evaluation report on the results and impact of actions co-financed by 
the Fund. 

4. 

The Commission shall submit to Parliament, the Council, the Economic and Social 
Committee and the Committee of the Regions: 

(a) 

(b) 

no  later  than  30  April  2007,  an  intermediate  report  on  the  results 
achieved 
aspects  of 
implementation of the Fund, together with any proposed amendments; 

and  on  qualitative 

and  quantitative 

no later than 31 December 2009, an intermediate evaluation report and 
a proposal on the Fund’s future development; 

(c) 

no later than 31 December 2012, an ex post evaluation report. 

CHAPTER VI 

TRANSITIONAL PROVISIONS 

Article 28 

2005-2007 multiannual programme 

By way of derogation from Article 14, the following timetable shall apply for implementation 
of the multiannual programme for the period 2005-2007: 

(a) 

(b) 

(c) 

no  later  than  31  January  2005,  the  Commission  shall  notify  the 
Member States of planning guidelines and shall provide an indication 
of the financial amounts allocated to them; 

no  later  than  15  March  2005,  the  Member  States  shall  designate  the 
national  responsible  authority  referred  to  in  Article  12  and  shall 
submit  the  proposal  for  a  multiannual  programme  for  the  period 
2005-2007 referred to in Article 14; 

the Commission, acting in accordance with the procedure provided for 
by Article 13(2), shall approve the multiannual programmes no more 
than two months after the proposal for a multiannual programme has 
been received. 

30 

 
 
  
 
 
Article 29 

2005 annual programme 

By way of derogation from Article 15, the following timetable shall apply for implementation 
of the financial year 2005: 

(a) 

(b) 

by  31  January  2005  at  the  latest,  the  Commission  shall  provide  the 
Member States with an estimate of the amounts allocated to them; 

the  proposal  shall  be  accompanied  by  details  of 

the Member States shall present the proposal for an annual programme 
referred  to  in  Article  15  to  the  Commission  by  1  June  2005  at  the 
latest; 
the 
management  systems  and  checks  which  will  be  implemented  with  a 
view  to  ensuring  that  Community  funds  are  used  properly  and 
effectively; 

(c) 

the Commission shall adopt co-financing decisions no more than two 
months  after  the  draft  annual  programme  has  been  presented, 
following verification of the aspects indicated in Article 11(1)(b). 

Expenditure  actually  disbursed  between  1  January  2005  and  that  date  on  which  the 
co-financing decisions are adopted may qualify for support from the Fund. 

CHAPTER VII 

FINAL PROVISIONS 

Article 30 

Review 

The Council shall review this Decision on the basis of a proposal from the Commission by 31 
December 2010 at the latest. 

Article 31 

Addressees 

This Decision is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President  

31 

 
 
  
 
 
 
 
FINANCIAL STATEMENT 

LEGISLATIVE FINANCIAL STATEMENT 

Policy area(s): Justice and home affairs 

Activit(y/ies): Common immigration and asylum policies 

TITLE OF ACTION: EUROPEAN REFUGEE FUND 

1. 

BUDGET LINE(S) + HEADING(S) 

18 03 03 - European Refugee Fund 

18 03 04 - Emergency measures in the event of mass influxes of refugees 

18 01 04 02 - European Refugee Fund - Expenditure on administrative management 

18 01 04 03 - Emergency measures in the event of mass influxes of refugees - Expenditure on 
administrative management  

2. 

OVERALL FIGURES  

2.1. 

Total  allocation  for  action  (Part  B):  €670.090  million  for  commitment 
(Appropriations  for  2007-2010  are  given  on  an  indicative  basis  and  will  have  to 
remain within the post-2006 financial perspectives). 

2.2. 

Period of application: 

2005-2010 

2.3. 

Overall multiannual estimate of expenditure: 

(a)  Schedule  of  commitment  appropriations/payment  appropriations  (financial  intervention) 
(see point 6.1.1) 

Line 18 03 03 – European Refugee Fund 

(€ million to three decimal places) 

2005 

2006 

2007 

2008 

2009 

2010 

2011 
and subs. 
years 

Total 

Commitments  44.538  49.542  60.000 150.000 150.000 150.000   

604.080

Payments 

22.269  47.040  54.771 105.000 150.000 150.000

75.000  604.080

32 

 
 
  
 
 
 
 
 
 
 
 
 Line 18 03 04 – Emergency measures in the event of mass influxes of refugees (token entry)  

2005  2006  2007  2008  2009  2010 

2011 
and subs. years 

Commitments 

9.000  9.000  9.800

9.800

9.800

9.800   

Total 

57.200

(€ million to three decimal places) 

Payments 

7.200  9.000  9.640

9.800

9.800

9.800

1.960  57.200

b) Technical and administrative assistance and support expenditure (see point 6.1.2) 

18 01 04 02 - European Refugee Fund - Expenditure on administrative management 

€ million to three decimal places) 

2005  2006  2007  2008  2009  2010 

2011 
and subs. years 

Commitments 

0.750 

0.900  1.300

1.600

1.500

1.600   

Total 

7.650

Payments 

0.750 

0.900  1.300

1.600

1.500

1.600

0.000 

7.650

18 01 04 03 - Emergency measures in the event of mass influxes of refugees - Expenditure on 
administrative management (token entry) 

(€ million to three decimal places) 

2005 

2006 

2007 

2008 

2009 

2010 

2011 
and 
subs. 
years 

Total 

Commitments 

Payments 

0.180 

0.180

0.200

0.200

0.200

0.200 

1.160

0.180 

0.180

0.200

0.200

0.200

0.200 

0.000 

1.160

(€ million to three decimal places) 

Subtotal a + b 

2005 

2006 

2007 

2008 

2009 

2010 

2011 

and 
subs. 
years 

Total 

Commitments 

Payments 

54.468  59.622  71.300 161.600 161.500 161.600 

670.090

30.399  57.120  65.911 116.600 161.500 161.600 

76.960  670.090

33 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
c)  Overall  financial  impact  of  human  resources  and  other  administrative  expenditure 
(see points 7.2 and 7.3) 

2005 

2006 

2007 

2008 

2009 

2010 

2011 
and 
subs. 
years 

Total 

Commitments/ payments 

2.046 

2.386

2.727

3.409

3.409

3.409 

17.387

TOTAL a+b+c 

2005 

2006 

2007 

2008 

2009 

2010 

2011 

and 
subs. 
years 

Total 

Commitments 

Payments 

56.51 

62.01

74.03

165.01

164.91

165.01 

687.48

32.44 

59.51

68.64

120.01

164.91

165.01 

76.96  687.48

2.4 

Compatibility with financial programming and financial perspective  

(cid:59) 
Proposal  is  compatible  with  existing  financial  programming  in  respect  of 
appropriations for 2004-2006. The appropriations for 2007-2010 are given by way of 
indication and will have to be compatible with the financial programming drawn up 
in the framework of the post-2006 financial perspectives. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 

(cid:133) 
perspectives. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 

(cid:133) 
Agreement. 

2.5 

Financial impact on revenue 

Proposal  has  no  financial  implications  (involves  technical  aspects  regarding 

(cid:59) 
implementation of a measure). 

OR 

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

3. 

BUDGET CHARACTERISTICS 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from 
applicant 
countries 

in 

Heading 
financial 
perspective 

Non-comp 

Diff 

NO 

NO 

NO 

No 3 

34 

 
 
  
 
 
 
 
 
 
 
 
 
 
4. 

LEGAL BASIS  

Proposal  for  a  Council  Decision  establishing  the  European  Refugee  Fund  for  the  period 
2005-2010; Article 63(2)(b) of the EC Treaty. 

5. 

DESCRIPTION AND GROUNDS 

5.1 

Need for Community intervention  

5.1.1  Objectives pursued 

Implementation  of  a  common  asylum  policy,  as  provided  for  in  Article  63  of  the 
Treaty  establishing 
includes  measures  aimed  at 
“promoting a balance of effort between Member States in receiving and bearing the 
consequences of receiving refugees and displaced persons”. 

the  European  Community, 

Accordingly,  the  European  Refugee  Fund  —  the  first  phase  of  which  (2000-2004) 
was set in motion in September 2000 — is a mechanism providing financial support 
for action by the Member States in favour of asylum seekers and refugees or persons 
enjoying  or  requesting  subsidiary  or  temporary  protection.  Member  States  benefit 
from the mechanism relative to the burden they have to assume (i.e. in particular the 
number of persons in the above situations). 

In line with the provisions of the Treaty, the purpose of the ERF for 2005-2010 is to 
express solidarity between the Community and the Member States in the reception of 
asylum-seekers (between 350.000 and 400.000 each year), the integration of people 
enjoying international protection in the EU(between 50.000 and 100.000 each year), 
and actions in favour of the voluntary return of people enjoying protection or rejected 
asylum-seekers  (between  50%  and  80%),  at  a  time  when  Community  asylum 
legislation  and  enlargement  are  about  to  generate  far-reaching  structural  changes. 
Implementation of the second phase of the Fund will have to go hand-in-hand with 
pursuit of the objectives laid down in Community legislation on defining a common 
asylum policy (Directive on standards for the reception of asylum seekers,18 “Dublin 
II”  Regulation,19  Directives  on  asylum  procedures20  and  on  the  qualification  and 
status  of  refugees  and  subsidiary  protection21),  and,  at  a  later  stage,  the  goal  of  a 
common European asylum system. In this context, the Fund, in compliance with the 
subsidiarity and additionality principles, should enable measures to be developed in 
the  Member  States  to  improve  the  situation  of  individuals  and  enhance  the 
effectiveness  of  arrangements  for  receiving  asylum  seekers  and  persons  seeking 
protection on European Union territory and for integrating persons enjoying a form 

18 

19 

20 

21 

Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of 
asylum seekers, OJ L 31, 6.2.2003, p.18. 
Council  Regulation  (EC) No  343/2003  of 18 February 2003  establishing  the  criteria  and  mechanisms 
for determining the Member State responsible for examining an asylum application lodged in one of the 
Member States by a third-country national, OJ L 50, 25.2.2003, p.1. 
Amended proposal for a Council Directive on minimum standards on procedures in Member States for 
granting and withdrawing refugee, COM(2002)326 Final, OJ C 291, 26.11.2002, p. 143. 
Proposal for a Council Directive on minimum standards for the qualification and status of third country 
nationals and stateless persons as refugees or as persons who otherwise need international protection, 
COM(2001)510 Final, OJ C 51 E, 26.2.2002, p. 325. 

35 

 
 
  
 
                                                 
of  international  protection,  and  measures  to  encourage  the  voluntary  return  of  such 
persons. 

In  the  light  of  experience  arising  from  the  conflict  in  the  former  Yugoslavia  and 
Kosovo in the 1990s, there is a need to establish an emergency support mechanism to 
deal with any mass influx of displaced persons in order to offer them effective and 
humane  reception  arrangements,  in  conjunction  with  the  relevant  Community 
legislation.22 

5.1.2  Measures taken in connection with ex ante evaluation and measures taken following 

ex post evaluation. 

This  proposal  for  a  Decision  establishing  the  second  phase  of  the  Fund  has  been 
drawn  up  after  a  detailed  impact  study,  which  was  based  on  the  results  of  the 
mid-term  review  of  the  first  phase  of  the  Fund,  carried  out  in  2003,  and  on  public 
consultations at the conference organised by the Commission on 30 and 31 October 
2003  and attended by  over  350 participants from the 15 Member States and the 10 
accession  countries  who  are  involved  in  asylum  policy  (representatives  of  national 
government  departments,  NGOs, 
refugees’ 
organisations). A specific questionnaire was also sent to organisations working in the 
reception,  integration  and  voluntary  return  of  Fund  target  groups,  and  to  national 
government departments in charge of managing Fund action at national level. 

local  authorities, 

regional  and 

The findings of the detailed impact study confirmed a number of assumptions made 
during the first phase of the Fund: 

-  the  criteria  for  distributing  funds  among  the  Member  States,  based  on  objective 
factors reflecting the responsibilities they have to bear (number of persons registered 
in  their  territory  over  the  last  three  years  who  enjoy  or  are  requesting  a  form  of 
international protection), combined with a corrective mechanism (a fixed amount) to 
take  into  account  factors  such  as  the  relative  burden  (e.g.  in  relation  to  a  Member 
State’s  population,  its  wealth,  the  degree  of  development  of  its  national  asylum 
system); 

- the validity and cost-effectiveness of a management method in which a number of 
tasks are delegated to Member States: evaluation of priorities for action together with 
an  evaluation  of  needs  at  national  level,  selection  of  projects  for  support,  financial 
management of subsidies granted to projects; 

- the validity of the groups targeted by the action and of the wider measures framing 
that action: reception (including access to and the effectiveness of the procedure for 
examining asylum requests), integration of persons under protection in the Member 
State’s  society,  measures  to  facilitate  the  voluntary  return  of  asylum  seekers 
(including those rejected) and refugees. 

22 

Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection 
in  the  event  of  a  mass  influx  of  displaced  persons  and  on  measures  promoting  a  balance  of  efforts 
between Member States in receiving such persons and bearing the consequences, OJ L 212, 7.8.2001, 
p.12. 

36 

 
 
  
 
                                                 
Based on the findings of the mid-term review, a number of guidelines or proposals 
have  been  drawn  up  to  improve  the  efficiency,  effectiveness  and  viability  of  the 
financial instrument: 

-  First,  a  substantial  increase  in  the  budget,  which  would  turn  the  instrument  into 
something  more  than  a  “symbolic”  expression  of  Community  solidarity,  yield 
significant results and have a strong impact not only on target groups, but also on the 
systems themselves. Such an increase is warranted both by the trend in the number of 
asylum seekers (average annual increase of 13% between 1998 and 2002) and by the 
Fund’s  role  in  supporting  the  implementation  of  a  genuine  common  asylum  policy 
(e.g.  minimum  standards  regarding  reception,  asylum  procedures,  rights  and 
entitlements  of  people  enjoying  protection  and  organised  voluntary  returns).  The 
increase  in  the  funds  set  aside  for  the  ERF  should  help  to  improve  the  situation  of 
people seeking or enjoying international protection, having regard to patterns in the 
flows  of  such  people  and  aiming  to  cover  the  immediate  needs  arising  from  them. 
According to the findings of the mid-term review, actions under the first phase of the 
ERF  reached  out  to  about  15%  of  the  target  population  for  reception,  10%  for 
integration and 3% for returns. The second phase of the ERF is to have the objective 
of reaching out to a wider population averaging around 30%. The proposed increase 
in  appropriations  should  also  help  to  raise  the  quality  and  sustainability  of  systems 
and structures in terms of the common standards. The mid-term review highlighted 
the  fact  that  the  impact  on  systems  and  structures  is  substantial  where  the  ERF’s 
allocations added more than 10% to national funds for financing asylum. But it must 
be borne in mind that there are differences in the structural development of asylum 
systems  between  the  Member  States.  The  investment  needed  for  reinforcing 
reception  capacities  and  systems  in  the  new  Member  States  in  connection  with  the 
implementation of the new Community asylum legislation, which can be expected to 
generate  new  flows  for  them,  will  have  to  be  supported  by  the  ERF.  And  the 
evaluation of the requisite resources will also have to be based on the improvement 
of the ERF’s programming and management modes with the objective of maximising 
the  ERF’s  efficiency  and  efficacy.  The  Commission  accordingly  considers  that  a 
gradual rise in the appropriations to €150  million  annual from 2008  would make it 
reasonable  possible  to  attain  the  objectives  of  solidarity  and  complementarity  and 
implement Community asylum rules. 

- More strategic programming of Fund operations, with the Commission being given 
a  bigger  leadership  role  and  account  being  taken  of  the  legislative  framework 
adopted by the Community on asylum policy. 

- The need to include in the criteria for distributing funds among the Member States 
not  only  the  target  population,  but  also  the  fact  that  the  new  Member  States  in 
particular must make structural investments to guarantee the effectiveness of national 
asylum  systems.  The  mid-term  review  included  an  analysis  of  the  breakdown 
between  expenditure  earmarked  for  strengthening  structures  and  systems  and 
expenditure  earmarked  for  support  for  individuals.  It  emerged  that  the  latter 
predominates,  with  the  attendant  risk  of  breakdowns  and  increased  instability, 
particularly  in  relation  to  reception  and  integration.  Given  the  situation  in  the  new 
Member States, it is clear that support for systems and structures must be a priority in 
the new Fund – but this type of expenditure requires more substantial funding than 
support for individuals. 

37 

 
 
  
 
- Programming and action lifecycles that yield more useful and viable results through 
multiannual strategies based on a consultation process (between national partners and 
between  the  Member  States  and  the  Commission),  so  that  structural  actions  can  be 
financed,  also  on  a  multiannual  basis.  This  conclusion  in  the  mid-term  review 
emerged  from  consultation  of  the  main  partners  involved  in  action  implementation 
and was confirmed by the detailed impact study, as described above. 

-  The  mid-term  review  also  looked  at  Community  action  under  the  present  Fund. 
Although  it  identified  a  number  of  improvements  that  could  be  made,  it  also 
acknowledged  the  utility  and  value-added  of  this  type  of  action.  Greater  emphasis 
will  therefore  be  placed  on  the  transnational  dimension  and  on  Community 
value-added  through  information  systems  and  arrangements  for  sharing  experience 
and  best  practice  at  Community  level  and  increased  support  for  innovatory 
transnational  projects.  Such  projects  should  benefit  from  a  longer  duration  (see 
above),  but  will  have  to  be  accompanied  by  measures  designed  to  disseminate  the 
results and bring them into the mainstream. 

-  The  delegation  of  management  tasks  to  Member  States,  backed  up  by  increased 
support at Community level (a common financial and administrative framework and 
common  management  tools),  as  a  guarantee  that  the  instrument  is  implemented  in 
accordance  with  the  principle  of  sound  financial  management,  while  providing  a 
more favourable environment for projects to be put into action. This recommendation 
emerges  clearly  from  the  mid-term  review,  where,  despite  some  criticisms  of  slow 
and  cumbersome  procedures,  there  was  a  unanimous  call  for  a  more  proactive 
approach by the Community. 

5.2 

Actions envisaged and budget intervention arrangements 

The  European  Refugee  Fund  translates  into  practice  the  principle  of  solidarity  and 
burden-sharing  between  the  Community  and  the  Member  States  in  establishing  a  common 
asylum policy and, in time, a common asylum system. 

Accordingly, 90% of the funds allocated will be distributed among the Member States, taking 
as a basis a certain fixed amount and the number of persons belonging to the target group who 
were  registered  on  the  territory  of  the  Member  State  over  the  previous  three  years.  The 
Member States will draw up a strategic programming framework for the action to be financed 
from the Fund for a three-year period. However, to allow for the budget principle of annuality 
and  to  adapt  the  breakdown  of  funds  to  the  (sometimes  rapidly)  changing  situation  in  each 
Member  State,  the  actual  distribution  of  funds  will  take  place  annually  on  the  basis  of  the 
resources  allocated  in  the  budget  procedure.  This  annual  allocation  will  form  the  basis  for 
national annual implementing programmes. 

The  remaining  10%  of  funds  will  be  reserved  for  implementation  at  Community  level  of 
action  to  improve  communication  and  foster  joint  discussion  on  Fund  activities  through 
meetings  of  experts,  the  sharing  of  experiences  and  implementation  of  innovatory 
transnational projects. 

The  following  have  been  identified  as  beneficiaries  of  action  under  the  European  Refugee 
Fund: 

-  Final  beneficiaries:  asylum  seekers  (around  375.000  registered  each  year  in  the  EU-15), 
persons allowed refugee status, including through resettlement schemes, and persons allowed 

38 

 
 
  
 
access to a form of subsidiary or temporary protection (around 30.000 admitted each year in 
the  EU-15).  Consideration  must  also  be  given  to  the  special  requirements  of  particularly 
vulnerable  persons  (e.g.  unaccompanied  minors,  single  mothers,  the  elderly,  the  disabled, 
victims of torture or degrading treatment). 

-  Intermediate  beneficiaries:  services  in  the  Member  States  responsible  for  establishing 
reception,  integration  and  voluntary  return  arrangements,  including  services  responsible  for 
asylum  procedures,  and  staff  working  for  NGOs  and  regional/local  authorities  involved  in 
establishing reception (including procedures), integration and voluntary return arrangements. 

Action  financed  from  the  Fund  must  be  geared  to  improving  conditions  for  the  reception, 
integration  and  voluntary  return  of  final  beneficiaries,  in  accordance  with  the  minimum 
standards  laid  down  by  Community  legislation,  improving  the  capacity  of  Member  States’ 
systems and fostering partnerships between the different players (central government services, 
local authorities, NGOs and refugee groups). Community action must be aimed at pooling and 
exchanging  information  and  sharing  and  transferring  best  practice  (including  standards  that 
are higher than the minimum laid down in Community rules). 

Action financed from the Fund will take the form of subsidies granted in accordance with the 
rules on calls for proposals or public procurement procedures and must be consistent with the 
strategic  and  operational  objectives  laid  down  in  the  multiannual  programming  framework 
and annual programmes. 

The Community contribution to actions may not exceed: 

- in the case of action implemented in the Member States, 50% of the total cost of a specific 
actions;  this  ceiling  may  rise  to  60%  for  actions  that  are  particularly  innovatory  or  involve 
transnational  partnerships  and  to  75%  in  Member  States  receiving  assistance  from  the 
Cohesion Fund; 

- in the case of calls for proposals in connection with Community action, 80% of the total cost 
of a specific project. 

As a rule, Community financial assistance may be granted for projects under the Fund for a 
maximum of three years, subject to a periodic review of progress made. 

5.3 

Methods of implementation 

In  the  first  phase  of  the  Fund  (2000-2004  —  Council  Decision  2000/596/EC),  management 
was  shared  with  the  Member  States.  Given  the  current  diversity  of  asylum  systems  in  the 
Member States and the need to support initiatives likely to yield results and have an impact on 
the  circumstances  of  individuals  in  the  Member  States  and  on  reception,  integration  and 
voluntary  return  arrangements,  there  is  still  a  case  for  delegating  to  Member  States  certain 
management tasks — including budget implementation —in the second phase. The substantial 
increase  in  Fund  resources  proposed  for  the  second  phase  also  justifies  maintaining  this 
system of delegation. 

Taking  into  account  the  results  of  the  first  phase,  the  calls  for  a  bigger  role  for  the 
Commission, particularly in terms of planning and the pooling of information, and the entry 
into force of more detailed financial rules on how tasks of public authority may be delegated 
to  institutions  or  outside  bodies  (Financial  Regulation  and  implementing  rules),  the  option 
chosen  for  the  second  phase  of  the  Fund  is  a  system  of  “shared”  management  with 
management  tasks  being  delegated  to  the  Member  States,  which  will  designate  —  for  the 

39 

 
 
  
 
management of action under the Fund — national public-sector bodies or bodies governed by 
private  law  that  are  entrusted  with  a  public  service  mission  and  provide  adequate  financial 
guarantees  and  meet  the  conditions  laid  down  in  the  implementing  rules  (authorities 
responsible  for  the  Fund).  The  amount  granted  by  way  of  technical  assistance  will  be 
increased and will consist of a fixed amount (€30.000) plus a variable element equivalent to 
no more than 5% of the annual allocation granted to the Member State. This amount will be 
earmarked  to  cover  all  or  part  of  the  expenditure  relating  to  the  organisation  of  calls  for 
proposals,  project  selection,  the  administrative,  contract  and  financial  management  of 
projects, publicity and information, follow-up and evaluation, and first-level inspections and 
audits.  The  Commission  will  also  draw  up  common  rules  on  administrative  and  financial 
management and develop common management tools. 

This management structure responds to a number of concerns: 

-  the  demand  for  cost-effectiveness  (particularly  because  of  the  need  to  match  national 
programmes  to  requirements  identified  in  national  asylum  arrangements  and  the  importance 
of providing the target group and grant recipients with access to information and management 
procedures in their own language); 

-  the  policy  of  seeking  greater  Commission  control  over  implementation  of  the  Fund  in 
strategic and operational terms; 

-  the  difficulties  pointed  out  by  some  Member  States  during  the  first  phase,  i.e.  that  the 
constraints  arising  from  the  “shared”  management  method  were  disproportionate  to  the 
“gains”  from  Community  intervention,  and  the  request  that  the  national  government 
departments  in  charge  of  managing  the  Fund  be  given  more  refined  common  management 
tools (particularly in the new Member States). 

In this context the delegation of management tasks — including financial management tasks 
—  to  Member  States  via  the  authorities  responsible  for  the  Fund  will  simplify  the 
management 
framework  and  be  accompanied  by  greater  consistency  and  better 
interoperability between management systems and information systems. 

The Commission will manage “Community action” on a centralised basis, in accordance with 
the applicable rules (on public procurement, calls for proposals). 

40 

 
 
  
 
6. 

FINANCIAL IMPACT 

6.1 

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

6.1.1 

Financial intervention 

Line 18 03 03 – European Refugee Fund 

Breakdown 

2005 

2006 

2007  

2008 

2009 

2010 

Total 

(in € million to three decimal places) 

Community action 

Action in the Member States  

technical 

of  which 
 - 
assistance (maximum) 
 -  of  which  action  on 
reception 
asylum 
and 
procedures 
 -  of  which  action  on 
integration 
 -  of  which  action  on 
voluntary return 

TOTAL 

4.454 

4.954 

6.000 

15.000 

15.000 

15.000 

60.408 

40.084 

44.588 

54.000 

135.000 

135.000 

135.000 

135.000 

2.724 

2.949 

3.420 

7.470 

7.470 

7.470 

31.504 

18.680 

20.819 

25.290 

63.765 

63.765 

63.765 

256.084 

9.340 

10.410 

12.645 

31.883 

31.883 

31.883 

128.042 

9.340 

10.410 

12.645 

31.883 

31.883 

31.883 

128.042 

44.538 

49.542 

60.000 

150.000 

150.000 

150.000 

604.080 

Line 18 03 04 – Emergency measures in the event of mass influxes of refugees (token entry) 

(in € million to three decimal places) 

Breakdown 

2005 

2006 

2007  

2008 

2009 

2010 

Total 

to 

assistance 

Technical 
Member States (maximum) 
Emergency  measures  in  the 
event  of  implementation  of 
temporary 
protection 
arrangements  (mass  influx 
of  refugees  and  displaced 
persons) 

1.170 

1.170 

1.210 

1.210 

1.210 

1.210 

7.180 

7.830 

7.830 

8.590 

8.590 

8.590 

8.590 

50.020 

TOTAL 

9.000 

9.000 

9.800 

9.800 

9.800 

9.800 

57.200 

41 

 
 
  
 
 
 
 
6.1.2  Technical  and  administrative  assistance,  support  expenditure  and  IT  expenditure 

(commitment appropriations) 

18 01 04 02 – European Refugee Fund – Expenditure on administrative management 

(in € million to three decimal places) 

2005 

2006 

2007 

2008 

2009 

2010 

Total 

and 

1) 
Technical 
administrative assistance: 
a) 
offices 

Technical 

assistance 

b  Other 
administrative assistance: 

technical 

and 

- intra-muros: 
asylum statistics 

-  extra-muros:  exchange  of 
information, 
thematic 
meetings,  website  projects, 
computerised  administrative 
and  financial  management 
system 
national 
in 
authorities responsible 
of  which  for  construction 
and 
of 
maintenance 
computerised  management 
systems: 

0.600 

0.550 

0.750 

0.950 

0.950 

0.950 

4.750 

0.200 

0.200 

0.250 

0.250 

0.250 

0.250 

1.400 

0.400 

0.350 

0.500 

0.700 

0.700 

0.700 

3.350 

0.200 

0.150 

0.200 

0.300 

0.300 

0.300 

1.450 

Subtotal 1  0.600 

0.550 

0.750 

0.950 

0.950 

0.950 

4.750 

2) Support expenditure: 
a) Studies (incl. evaluation) 
b) Meetings of experts  

c) Information and  
publications 

0.100 
0.050 

0.300 
0.050 

0.300 
0.050 

0.600 
0.050 

0.300 
0.050 

0.600 
0.050 

0 

0 

0.200 

0 

0.200 

0 

Subtotal 2  1.150 
TOTAL  0.750 

0.350 
0.900 

0.550 
1.300 

0.650 
1.600 

0.550 
1.500 

0.650 
1.600 

2.200 
0.300 

0.400 

2.900 
7.650 

42 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
18 01 04 03 - Emergency measures in the event of mass influxes of refugees - Expenditure on 
administrative management (token entry) 

(in € million to three decimal places) 

2005 

2006 

2007 

2008 

2009 

2010 

Total 

and 

1) 
Technical 
administrative assistance: 
a) 
offices 

Technical 

assistance 

b)  Other 
administrative assistance: 

technical 

and 

- intra-muros: 
asylum statistics 

-  extra-muros:  exchange  of 
thematic 
information, 
meetings,  website  projects, 
computerised  administrative 
and  financial  management 
system 
national 
in 
authorities responsible 
of  which  for  construction 
and 
of 
maintenance 
computerised  management 
systems: 

0.100 

0.100 

0.110 

0.110 

0.110 

0.110 

0.640 

0.050 

0.050 

0.050 

0.050 

0.050 

0.050 

0.300 

0.050 

0.050 

0.060 

0.060 

0.060 

0.060 

0.340 

0.050 

0.050 

0.060 

0.100 

0.060 

0.060 

0.340 

Subtotal 1  0.100 

0.100 

0.110 

0.110 

0.110 

0.110 

0.640 

2) Support expenditure: 
a) Studies 
b) Meetings of experts  

c) Information and  
publications 

0.070 

0.070 

0.080 

0.080 

0.080 

0.080 

0.460 
0 

0.010 

0.010 

0.010 

0.010 

0.010 

0.010 

0.060 

Subtotal 2  0.080 
TOTAL  0.180 

0.080 
0.180 

0.090 
0.200 

0.090 
0.200 

0.090 
0.200 

0.090 
0.200 

0.520 
1.160 

43 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
6.2. 

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

Breakdown 

Community action 

Action in the Member States  
 - Authorities responsible  

-  Reception 
procedures 
- Integration 

and 

asylum 

- Voluntary return 

TOTAL COST 

in € million to three decimal places 

Type  
of outputs 
(projects, files)

1 

Transnational 
cooperation 
projects 

Co-financing 
authorities 
responsible 
Reception 
projects 
Integration 
projects 
Return 
projects 

Number of 
outputs 

Average unit 
cost 

(total for years 
1…n)  
2 

245 

5.724 
24 

3.000 

2.000 

700 
5 969 

3 

0.250 

0.409 
1.313 

0.085 

0.065 

0.175 
0.330 

Total cost 

(total for years 
1…n)  

4=(2X3) 

60.408
543.672

31.504

256.084

128.042

128.042
604.080

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 

12A 

Officials 
temporary staff 

or 

A 
B 
C 

13 B 

5 C 

Total 

12 A 

13 B 

5 C 

Description of tasks deriving from the 
action 

A: multiannual priorities, follow-up to 
Member States’ programming, 
programme monitoring, evaluation, 
calls for proposals for Community 
action, systems audits, ex post audits of 
expenditure 
B: monitoring of annual programmes 
of action in the MS, selection, 
monitoring and financial procedures 
for Community action, project audits 
C: administrative assistance, archives, 
collection and follow-up information 
system  

. 

Other human resources 
Total 

30 (12A+13B+5C) 

30 

44 

 
 
  
 
 
 
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
7.2 

Overall financial impact of human resources 

Type of human resources 

12 Officials 

Temporary staff 

Other human resources 

Amount (€) 
3 240 000 

Method of calculation *  
12  A  officials  (12  x  108  000)  +  13  B 
officials (13 x 108 000) + 5 C officials 
(5 x 108 000) 

(specify budget line) 
Total 

3 240 000 

The  amounts  are  total  expenditure  for  twelve  months  on  the  basis  of  the  instrument’s 
management  needs  from  2008.  The  requirements  in  terms  of  administrative  and  financial 
resources  will  gradually  be  covered  by 
the  managing 
Directorate-General in the annual allocation procedure. 

the  allocation  assigned 

to 

7.3 

Other administrative expenditure deriving from the action 

Budget line 
(number and heading 

Overall allocation (Title A7) 

A0701 – Missions 

A07031 – Compulsory committees1 

Information systems (A-5001/A-4300) 

Other expenditure - Part A (specify) 

Amount € 

Method of calculation 

54 000 

115 200 

60  missions  in  the  Member  States  x 
€900 unit cost 

Meeting  of  programme 
advisory 
committee  (6  meetings  x  24  persons  x 
€800 cost per person) 

Total  169 200 

The amounts are total expenditure for 12 months on the basis of the instrument’s management 
needs from 2008. 

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 

€3 409200 
6 years 
€17 386 920

8. 

FOLLOW-UP AND EVALUATION 

8.1 

Follow-up arrangements 

Under  the  management  system  proposed,  minimum  standard  formats  will  be 
established  in  all  Member  States  for  the  presentation  of  projects,  monitoring  and 
evaluation. In this context common indicators will be defined for the various types of 
action, for which data will have to be gathered when action implementation reports 
are presented. 

45 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
By  the  same  token,  a  common  management  system  (supported  by  a  common  IT 
application)  will  be  developed  in  the  financial  field,  in  liaison  with  the  Member 
States,  to  ensure  that  implementation  of  the  programmes  and  actions  funded  is 
monitored on a common basis. 

8.2 

Arrangements and schedule for evaluation 

Several  national  and  Community  evaluations  are  planned,  based  around  the 
multiannual  programming  schedule  of  the  Fund,  which  is  divided  into  two 
programming  periods:  2005-2007  and  2008-2009.  The  timetable  of  evaluations  set 
out in the proposal for a Decision is as follows: 

-  31  December  2006:  Member  States  submit  national  reports  with  an  evaluation  of 
the  implementation  of  action  under  the  Fund.  This  is  followed  by  a  Commission 
report pooling these evaluations no later than 30 April 2007. Given the deadline, the 
reports will concentrate primarily on the state of play in implementing programmes 
and action: it is unlikely that a detailed evaluation of the results and impact of action 
will  be  possible  at  that  date.  Nevertheless,  the  reports  are  necessary  to  prepare  the 
second multiannual phase of the Fund (2008-2010). 

the  Fund  for 

-  30  June  2009:  Member  States  submit  national  reports  on  the  evaluation  of  action 
the  2005-2007  multiannual  programming  period.  The 
under 
Commission  will 
intermediate  evaluation  report  by  31 
December 2009  at  the  latest,  accompanied  by  a  proposal  for  pursuing  action  under 
the Fund from 2011. 

then  produce  an 

- 30 June 2012: Member States submit national reports with an ex post evaluation of 
action  under  the  Fund  for  the  2008-2010  multiannual  programming  period,  and  an 
overall  ex  post  evaluation  of  action.  The  Commission  will  then  produce  an  ex  post 
evaluation report by 31 December 2012 at the latest. 

Both  the  national  and  Community  evaluations  will  be  based  on  independent 
assessments  conducted  according  to  the  terms  of  reference  drawn  up  by  the 
Commission under Article 26(2) of the proposal for a Decision. 

9. 

ANTI-FRAUD MEASURES 

Action  taken  under  the  Commission’s  direct,  centralised  management  (Community 
action, technical assistance expenditure) will be implemented in accordance with the 
applicable rules, as defined in the Financial Regulation and its implementing rules. 
The  contracts  and  grant  agreements  used  will  be  the  models  recommended  by  the 
Commission  and  will  provide  for  monitoring  by  the  Commission  and  the  Court  of 
Auditors of the European Communities.  

The  general  rules  on  the  administrative  and  financial  management  of  action  in  the 
Member  States,  which  will  be  adopted  by  the  Commission  under  Article  12  of  the 
proposal  for  a  Decision,  in  accordance  with  the  committee  procedure  laid  down  in 
Article  13,  will  comprise  specific  provisions  on  the  management  and  control  of 
projects  by  the  authorities  responsible  and  provisions  on  ex  post  checks  by  the 
Commission and the Court of Auditors of the European Communities. 

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