Regulation (EC) No 491/2004 of the European Parliament and of the Council of 10 March 2004 establishing a programme for financial and technical assistance to third countries in the areas of migration and asylum (AENEAS)
Date: 2004-03-10
Institutions: Council of the European Union, European Parliament
Subjects: EU migration policy, EU programme, cooperation policy, financial aid, immigration, technical cooperation, third country

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I

(Acts whose publication is obligatory)

REGULATION (EC) No 491/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 10 March 2004

establishing a programme for financial and technical assistance to third countries in the areas of
migration and asylum (AENEAS)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

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

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1)

(2)

(3)

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

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

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

(1) OJ C 32, 5.2.2004, p. 49.
(2) Opinion of the European Parliament of 4 December 2003 (not yet
published in the Official Journal) and decision of the Council of 19
February 2004.

(4)

(5)

(6)

(7)

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

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

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

Taking account of those preparatory actions, and refer-
ring to the Commission Communication on integrating
migration issues in the European Union's relations with
third countries, it is considered necessary to endow the
Community from 2004 with a multiannual programme
designed to provide a specific additional response to the
needs of third countries in their efforts to manage more
effectively all aspects of migratory flows, and in particu-
lar to stimulate third countries' readiness to conclude
readmission agreements, and to assist them in coping
with the consequences of such agreements.

(8)

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

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(9)

In its conclusions on migration and development of 19
May 2003, the Council affirmed the need for greater
coordination between these separate but
interrelated
policy areas. The Conclusions highlighted a number of
areas of potential synergy where the European Union
could focus its activities in support of both policy fields.

(10)

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

(11)

The implementation of
from the evaluation of the preparatory actions.

this programme will benefit

(12)

(13)

(14)

(15)

The measures necessary for the implementation of this
Regulation 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 (1).

This Regulation lays down, for the entire duration of the
programme, a financial
framework constituting the
prime reference, within the meaning of point 33 of the
Interinstitutional Agreement of 6 May 1999 between the
European Parliament, the Council and the Commission
on budgetary discipline
the
budgetary procedure (2),
the budgetary authority
during the annual budgetary procedure.

and improvement of

for

Since the objectives of the proposed action, namely to
promote, within the framework of a comprehensive
approach to migration, a more efficient management of
migration flows in close cooperation with the third
countries concerned, cannot be sufficiently achieved by
the Member States and can therefore, by reason of the
scale or impact of the action, be better achieved at Com-
munity level, the Community may adopt measures,
in
accordance with the principle of subsidiarity as set out
in Article 5 of the Treaty. In accordance with the prin-
ciple of proportionality, as set out in that Article, this
Regulation does not go beyond what is necessary in
order to achieve those objectives.

The protection of the Community's financial
interests
and the fight against fraud and irregularities form an
integral part of this Regulation. In particular, contracts
concluded pursuant to this Regulation should authorise
the Commission to carry out the measures provided for
in Council Regulation (EC, Euratom) No 2185/96 of 11
November 1996 concerning on-the-spot checks and
inspections carried out by the Commission in order to
protect the European Communities' financial
interests
against fraud and other irregularities (3),

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision
2003/429/EC of the European Parliament and of the Council (OJ L
147, 14.6.2003, p. 25).
(3) OJ L 292, 15.11.1996, p. 2.

HAVE ADOPTED THIS REGULATION:

CHAPTER I

OBJECTIVES AND ACTIONS

Article 1

establishes

The Community hereby

1.
cooperation
programme (hereinafter referred to as ‘the programme’) which
aims to give specific and complementary financial and technical
aid to third countries in order to support
their efforts to
improve the management of migratory flows in all their dimen-
sions.

a

2.
The programme is particularly, but not exclusively,
intended for those third countries actively engaged in preparing
or implementing a readmission agreement initialled, signed or
concluded with the European Community.

3.
The programme shall finance appropriate actions which
in a coherent and complementary way, the
bring together,
general principles of Community cooperation and development
policy and national and regional Community cooperation and
development strategies regarding the third countries concerned
and which supplement the actions — in particular in the fields
of management of migratory flows, return and reintegration of
migrants in their country of origin, asylum, border control,
refugees and displaced people — provided for in the implemen-
tation of those strategies and financed from other Community
instruments in the field of cooperation and development. The
actions financed on the basis of the programme shall be consis-
tent with the Community efforts which contribute to addres-
sing the root causes of migration.

4.
The respect of democratic principles and the rule of law,
as well as of human and minority rights and fundamental free-
doms, constitutes an essential element for the application of
this Regulation. If necessary, and as far as possible, the actions
this Regulation shall be associated with
financed under
measures aimed at strengthening democracy, human rights and
the rule of law.

Article 2

1.
The programme aims to promote cooperation between
the Community and third countries by contributing in the third
countries concerned, and in partnership with those countries,
to the following objectives:

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

(b) the development of legal migration, in accordance with an
analysis of the demographic, economic and social situation
in the countries of origin and in the host countries and of
the host countries' reception capacity, as well as the raising
of public awareness of the advantages of legal migration
and the consequences of illegal migration;

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(c) the development of their legislation and national practices
as regards international protection, with a view to their
complying with the provisions of the Geneva Convention
of 1951 on the status of refugees and of the Protocol of
1967 and other
to
ensuring observance of the principle of ‘non refoulement’
and to improving the capacity of
the third countries
concerned which receive asylum seekers and refugees;

international

instruments,

relevant

(d) the establishment in the third countries concerned of an
effective and preventive policy in the fight against illegal
migration, including the fight against trafficking in human
beings and smuggling of migrants, and the development of
relevant legislation;

(e) the readmission, in full respect of the law, and durable rein-
tegration, into the third country concerned of persons who
have illegally entered or remained on the territory of
Member States or of persons who have unsuccessfully
applied for asylum in the European Union or benefited
from international protection there.

In order to achieve these objectives, the programme may

2.
in particular support the following actions:

(a) setting-up of information campaigns, and provision of legal
advice, on the consequences of illegal
immigration, traf-
ficking in human beings and smuggling of migrants, and
clandestine employment in the European Union;

(b) dissemination of information and legal advice on the possi-
bilities of working legally in the European Union, both on
a short and long-term basis, and on the procedures to be
followed to this end;

(c) development of actions aimed at maintaining links between
local communities in the country of origin and their legal
emigrants and facilitating the contribution of migrants to
the social and economic development of communities in
their country of origin,
including facilitating the use of
remittances for productive investments and development
initiatives, as well as providing support
to microcredit
programmes;

(d) facilitation of dialogue and exchange of

between the institutions of
nationals of that country who are considering emigrating;

information
the third country and the

(e) support for capacity-building in the field of drafting, imple-
menting and ensuring the effectiveness of national legisla-
tion and management systems as regards asylum, migration
and the fight against criminal activities, including organised
crime and corruption, connected with illegal immigration,
and development of the training of staff working in the
areas of migration and asylum;

(g) capacity-building in the areas of security of travel docu-
ments and visas, including their conditions of issue, identifi-
cation and documentation of
including
own nationals, and detection of false documents and visas;

illegal migrants,

(h) introduction of systems for data collection; observation and
analysis of migratory phenomena; identification of the root
causes of migratory movements and the definition of
measures aimed at
the
tackling them;
exchange of information on migratory movements, in par-
ticular on migratory flows towards the European Union;

facilitation of

(i) development of

regional and subregional dialogue on

asylum and migration, including illegal migration;

(j) assistance

in the negotiation by the

third countries
concerned of their own readmission agreements with rele-
vant countries;

(k) support

for

capacity-building in the

third countries
concerned in the fields of reception conditions and protec-
tion capacity for asylum seekers, of readmission and the
durable reintegration of
resettlement
programmes;

returnees and of

(l) support for targeted socioeconomic reintegration of retur-
nees into their country of origin,
including training and
capacity-building aimed at facilitating their integration into
the labour market.

Article 3

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

1. measures necessary for the identification and preparation of

actions, including, inter alia:

(a) feasibility studies;

(b) the exchange of technical know-how and experience
between Member States, third countries, European orga-
nisations and bodies and international organisations;

(c) general

studies concerning the Community's action

within the scope of this Regulation;

2.

implementation of projects:

(a) technical assistance to help implement
including from expatriate and local staff;

the actions,

(b) training and other services;

(c) purchasing and/or providing any product or equipment,
supplies and investment expenditure strictly necessary
for the implementation of
in
exceptional circumstances and when duly justified, the
purchasing or leasing of premises;

the actions,

including,

(f) evaluation, and possible improvement, of the institutional
and administrative framework and of the capacity to imple-
ment border controls as well as improvement
in the
including by means of
management of border controls,
operational cooperation;

3. measures for the monitoring, auditing and evaluation of

actions;

4. activities to explain the objectives and results of

these

actions to the general public;

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5. actions,

including technical assistance,

to assess for the
benefit of either the Community or third countries the
implementation of these operations.

The necessary measures shall be taken to emphasise the Com-
munity character of the assistance provided under this Regu-
lation.

CHAPTER II

PROCEDURES

FOR THE

IMPLEMENTATION OF

THE

PROGRAMME

Article 4

for

eligible

Partners

financial

support under

1.
the
programme may include regional and international organisa-
tions and agencies (in particular, UN agencies), as well as non-
governmental organisations or other non-State actors, federal,
national, provincial and local governments, their departments
and agencies,
institutes, associations and public and private
operators, both in the European Union and in the third coun-
tries concerned, with the emphasis being placed on partnership
between them.

For the period following 31 December 2006, the amount shall
be deemed to be confirmed if it is consistent for this phase
with the financial perspectives in force for the period commen-
cing in 2007, in light of information made available pursuant
to Article 10(2) and (3).

2.
The annual appropriations shall be authorised by the
budgetary authority within the limits of the financial perspec-
tives.

3.
The Community co-financing of an action under the
programme shall not exceed 80 %, without prejudice to other
applicable provisions of Regulation (EC, Euratom) No 1605/
2002 (1)
(hereinafter referred to as the Financial Regulation)
and, in particular, Article 169 thereof. It shall be exclusive of
any other financing by another programme financed by the
general budget of the European Union.

Community funding under

4.
this Regulation shall be
awarded in accordance with the provisions of the Financial
Regulation. The financing decisions and contracts arising there-
from shall be subject to financial control by the Commission
and to audits by the Court of Auditors.

Operations financed by the Community pursuant to this

2.
Regulation shall be implemented by the Commission.

The Commission shall take any necessary initiative with a

5.
view to ensuring proper coordination with other donors.

Article 5

Without prejudice to the institutional and political environment
in which the partners referred to in Article 4 operate, the
following factors shall in particular be considered when deter-
mining a body's suitability for Community funding:

1.

2.

its experience in the matters referred to in Article 2(1) and
especially with actions in the areas of asylum and migration;

its commitment to defending, respecting and promoting
human rights and democratic principles in a non-discrimi-
natory manner;

3.

its administrative and financial management capacities;

4.

technical and logistical capacity in relation to the

its
planned action;

5. the results, where relevant, of any previous actions carried
in particular those financed by the Community, the

out,
Member States and international organisations.

CHAPTER III

PROCEDURES FOR THE IMPLEMENTATION OF OPERATIONS

Article 6

Article 7

The Commission shall ensure overall consistency and
relevant Community policies,

1.
complementarity with other
instruments, actions and programmes.

In order to strengthen consistency and complementarity
2.
between actions
financed by the Community and those
financed by Member States with the aim of guaranteeing
optimal effectiveness of these actions, the Commission shall
take all necessary coordination measures.

Article 8

The Commission shall be responsible for the management

1.
and implementation of the programme.

2.
The Commission shall manage the programme in accord-
ance with the Financial Regulation and Commission Regulation
(EC, Euratom) No 2342/2002 (2) laying down detailed rules for
the implementation of the Financial Regulation, in particular as
regards procurement and grants.

The financial framework for the implementation of this
1.
Regulation for
the period from 1 January 2004 to 31
December 2008 is set at EUR 250 million, of which EUR 120
million is for the period until 31 December 2006.

(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general budget of the
European Communities (OJ L 248, 16.9.2002, p. 1).

(2) OJ L 357, 31.12.2002, p. 1.

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To implement the programme, the Commission shall, in
3.
accordance with the procedure referred to in Article 9(2),
produce an annual work programme. In accordance with the
objectives and criteria of this Regulation, the work programme
shall establish the priorities for the actions to be supported in
terms of potential geographic and thematic areas of interven-
tion, the specific objectives, the anticipated results as well as
the indicative amount. As far as possible, a general balance
between these priorities shall be sought for the establishment
of the work programme. The Commission may consult other
interested parties in relation to the work programme.

4.
The work programme must be consistent with and
complementary to the Country Strategy Papers and the
Regional Strategy Papers and the development cooperation
programmes drawn up in the framework of the Community
policy for cooperation and development.

The Commission shall adopt the list of selected projects

5.
in accordance with the procedure referred to in Article 9(2).

Article 9

1.

The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its Rules of Procedure.

CHAPTER IV

REPORTING

Article 10

The Commission shall constantly monitor and regularly

1.
evaluate the implementation of the programme.

2.
The Commission shall submit a preliminary interim
evaluation report to the European Parliament and the Council
on the implementation of the programme by 31 December
2006 at the latest, and a final report by 31 December 2010 at
the latest. In addition, the Commission shall communicate to
the budgetary authority, at the same time as the preliminary
draft general budget of the European Union is presented, the
state of implementation of the programme.

3.
At the request of the Member States or the European
Parliament, in particular in the context of the negotiations on
the Commission may also
the future financial perspectives,
and
evaluate
programmes under this Regulation.

the Community's

results of

actions

the

CHAPTER V

FINAL PROVISIONS

Article 11

The programme established by this Regulation shall operate
from 1 January 2004 to 31 December 2008.

Article 12

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

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

Done at Strasbourg, 10 March 2004.

For the European Parliament

The President

P. COX

For the Council

The President

D. ROCHE