Draft opinion of the Committee of the Regions on the ‘Proposal for a Council Decision establishing the European Refugee Fund for the period 2005-2010’
Date: 2004-06-17
Institutions: European Committee of the Regions
Subjects: admission of aliens, aid to refugees, child of migrant, child protection, integration of migrants

C 318/30

EN

Official Journal of the European Union

22.12.2004

Draft opinion of the Committee of the Regions on the ‘Proposal for a Council Decision estab-
lishing the European Refugee Fund for the period 2005-2010’

(2004/C 318/10)

THE COMMITTEE OF THE REGIONS,

Having regard to the Commission Proposal for a Council Decision establishing the European Refugee Fund
for the period 2005-2010 (COM(2004) 102 final; 2004/0032 (CNS));

Having regard to the Council's decision of 23 February 2004 to consult it on this subject, under the first
paragraph of Article 265 of the Treaty establishing the European Community;

Having regard to its President's decision of 6 November 2003 to instruct the CoR Commission for External
Relations to draw up an opinion on this subject;

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

Having regard to its Opinion on the Proposal for a Council Decision creating a European Refugee Fund
(COM(1999) 686 final — 1999/0274 CNS, CdR 80/2000 fin (1)));

Having regard to its Opinion on the Communication from the Commission to the Council, the European
Parliament, the European Economic and Social Committee and the Committee of the Regions on immigra-
tion, integration and employment (COM(2003) 336 final, CdR 223/2003 fin (2));

Having regard to its other Opinions dealing specifically with refugee policy (CdR 90/2001 fin (3); CdR
214/2001 fin (4); CdR 93/2002 fin (5); CdR 249/2003 fin (6));

Having regard to the draft opinion adopted on 4 May 2004 by the Commission for External Relations
(CdR 80/2004 rev. 1) (rapporteur: Mr Gustav Skuthälla, Leader of Närpes Town Council, (FI/ELDR));

1)

2)

Whereas the second phase of the European Refugee Fund should be a more effective and important
instrument for achieving the main objectives set for it, i.e. the sharing of responsibilities between
Member States and the implementation of a common asylum policy in all the Member States,

in order to achieve the stated objectives,

Whereas,
it is necessary that the Fund be guaranteed
adequate appropriations throughout its period of operation, taking special account of EU enlarge-
ment and the needs of all the new Member States,

adopted the following opinion at its 55th Plenary Session, held on 16 and 17 June 2004 (meeting of 17
June 2004).

1. The Committee of the Regions' views

into account a substantial part of the results of the evaluation
of the first phase and the assessments of the various parties
concerned;

The Committee of the Regions

1.1

approves the Commission proposal as amended below;

1.2
appreciates the work done by the Commission, Member
local and regional authorities, organisations, refugees
States,
themselves and other parties to achieve the goals set for the
first phase of the European Refugee Fund;

appreciates the Commission's work to draw up a new
1.3
proposal and believes the Commission has succeeded in taking

(1) OJ C 317 of 6.11.2000, p. 4.
(2) OJ C 109 of 30.4.2004, p. 46.
(3) OJ C 19 of 22.1.2002, p. 20.
(4) OJ C 107 of 3.5.2002, p. 85.
(5) OJ C 278 of 14.11.2002, p. 44.
(6) OJ C 23 of 27.1.2004, p. 30.

that

thinks

1.4
shared responsibility
between Member States and the arrangements proposed for
implementing it are fair;

the principle of

1.5
considers that the proposed fixed amount of appropria-
tions which is to be earmarked for implementing actions in
Member States and the amount to be set aside for technical and
administrative assistance are the absolute minimum levels
needed to ensure that all Member States can participate in the
programme and develop their national systems to bring them
into line with the general European level; stresses that particu-
larly local players in the Member States that took part in the
first phase of the European Refugee Fund need further training
and guidance in order to be able to implement high-quality
projects;

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it

feels that

is important

1.6
to ensure that all people
enjoying international protection in the Member States are
covered by the Fund's activities, regardless of
the national
procedure under which they entered the Member State; also
believes it is important to take special account of the needs of
the most vulnerable refugees in implementing the programme.
The most vulnerable groups include, for example, unaccompa-
nied minors, single mothers or single women (women at risk),
victims of torture, abuse or other inhuman and degrading treat-
ment and people in need of special medical treatment;

1.7
endorses the comprehensive approach to asylum policy
proposed by the Commission whereby the Fund can be used to
support the improvement of the conditions of asylum seekers
and promote integration and returns, whilst taking into consid-
eration local, regional and national circumstances;

1.8
considers it important to fund Community actions and
emergency measures, in addition to national measures. Com-
munity actions could become an important instrument for stra-
tegic planning and development at European level if they are
used to foster wide-ranging practical projects at political level
and local and regional level in such a way that they comple-
the Fund's
ment each other. An adequate proportion of
resources must be earmarked for Community actions, with due
regard for their complementarity and transparency in their
implementation;

1.9
seekers and refugees are most evident at local

emphasises that the effects of the reception of asylum
in the

level

communities which receive these groups and urges that local
and regional authorities be involved in such decisions on recep-
tion and integration in their communities;

1.10
draws attention to the fact that promoting integration
is a key issue for a European refugee and asylum policy based
on respect for human rights and success is this regard is crucial
for the continued balanced development of local communities;

1.11
in safety and dignity;

stresses the right of everyone to voluntary repatriation

1.12
tegic planning of
programming;

supports the Commission's efforts to improve the stra-
through multiannual

the programme

emphasises that strategic planning must

1.13
take place
openly in a genuine partnership between the Commission and
Member States, regardless of whether it concerns national
measures, Community actions or emergency measures;

1.14
draws particular attention to the key role of local and
regional players as regards the responsibility they bear in the
reception of asylum seekers and refugees and in actions
promoting integration; consequently regrets that the Commis-
sion proposal does not provide for sufficiently wide consulta-
tion of local and regional authorities in planning the implemen-
tation of the programme and taking decisions on its funding.
The proposal does not do enough to ensure that local and
regional players have an opportunity to participate in devel-
oping good practice in connection with Community actions.

2. The Committee of the Regions' recommendations

Recommendation 1

Recital 4

Text proposed by the Commission

CoR amendment

(4) It is necessary to support the efforts made by the
Member States to grant appropriate reception condi-
tions 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.

(4) It is necessary to support and improve the efforts
made by the Member States to grant appropriate
reception conditions to refugees and displaced persons
when taking account of the special needs of the most
vulnerable groups (such as unaccompanied minors,
single mothers or single women, victims of torture or
inhuman and degrading treatment and abuse or indivi-
duals in need of special medical treatment), and to
apply fair and effective asylum procedures so as to
protect the rights of persons requiring international
protection and enable
to work
smoothly.

asylum systems

R e a s o n

It is important to improve reception facilities if they are not yet at an appropriate level. Particularly where
the number of asylum-seekers is high, the people who are the most vulnerable are not always identified
and as a result the essential needs specific to these groups are overlooked. Identification of the people most
at risk is made easier by a definition which indicates which groups of people belong to this category.
Through appropriate support, care and other special arrangements, the plight of these people can be
relieved and the way opened for their subsequent integration or possible return to their country of origin.

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Recommendation 2

Recital 8

Text proposed by the Commission

CoR amendment

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

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

R e a son

Under no circumstances must the European Refugee Fund support returns if it cannot be guaranteed that
people can return to their home country safely and with respect for their human rights.

Recommendation 3

Recital 15

Text proposed by the Commission

CoR amendment

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

(15) The Member States should provide sufficient guaran-
tees as regards arrangements for implementation and
quality of execution, as regards the results of action
implementation and its transparency and as regards
assessment and as regards proper financial manage-
ment and supervision.

R e a son

Implementation must be transparent under all circumstances.

Recommendation 4

Article 4(1)(d) (new)

Text proposed by the Commission

CoR amendment

(d) the voluntary return of persons whose application for
protection as mentioned in Article 3(1-3) has been
rejected, provided they have not acquired a new
nationality or have not left the territory of the Member
State.

R e a son

It is justified to use Fund resources to also support the voluntary return of people whose applications for
support have been rejected, and not only those whose applications are still being considered.

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Recommendation 5

Article 4(3)

Text proposed by the Commission

CoR amendment

3. 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.

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

R e a son

The best interests of children complies with the wording established in international agreements, and
consequently it is proposed that it be stated specifically in the proposal. Identification of the most vulner-
able people is made easier by a definition which indicates which groups belong to this category. The
proposed list corresponds to that used by, for example, the UNHCR.

Recommendation 6

Article 6

Text proposed by the Commission

CoR amendment

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 particu-
lar the following, shall be eligible for support from the
Fund:

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 particu-
lar the following, shall be eligible for support from the
Fund, as, for example, the following:

R e a son

Since there is no uniform definition of integration indicators and no consensus about them, it must be
emphasised that the actions specified here are only examples of ways of promoting integration.

Recommendation 7

Article 6, indent 3 (new)

Text proposed by the Commission

CoR amendment

— actions, which are intended to promote the adoption

of the language and culture of the host country;

R e a son

It must be emphasised that language is the key to active membership of the host community and society.
There are many ways of learning a language and learning is closely bound up with culture. For this reason
eligible actions should not be limited solely to, for example, education and training.

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Recommendation 8

Article 6, indent 6

Text proposed by the Commission

CoR amendment

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

— actions by local and regional authorities to promote
the integration of these persons involving local authori-
ties,
for
the general public or refugee associations,
example via voluntary work, sponsorship or the parti-
cipation of socio-economic interest groups or trade
unions.

R e a son

The means available to local and regional authorities for promoting integration are mainly related to the
organisation of social services. In organising these services it is necessary to take into account availability,
non-discrimination and other special requirements promoting the integration of refugees. In view of the
crucial role of these actions they should be distinguished from other actions at local level. It is therefore
proposed that the original text be amended and divided into two parts (recommendations 8 and 9).

Recommendation 9

Article 6, indent 7 (new)

Text proposed by the Commission

CoR amendment

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

— actions to promote the integration of these persons
and dialogue between them and local communities,
involving local authorities,
the general public or
refugee associations, for example via voluntary work,
sponsorship or the participation of refugees' own asso-
ciations and the general public, for example via volun-
tary work and sponsorship, or the activities of socio-
economic interest groups or trade unions.

R e a son

The purpose of this amendment is to highlight the fact that the concept of integration includes two-way
dialogue and interaction between, on the one hand, the community and civil society more widely and, on
other hand, the persons to be integrated. In addition, it should be stressed that refugees also bear a respon-
sibility for the integration of new members into the community.

Recommendation 10

Article 8(2) (new paragraph 2; present paragraph 2 becomes paragraph 3)

Text proposed by the Commission

CoR amendment

2. In selecting eligible actions there is a particular need to
ensure the establishment of specific good practices at
local and regional level

R e a son

The eligible Community actions identified in the proposal seem to imply that support should be given
mainly to central government agencies and operators at European level. However, it is often the case that
best practices and innovative pilot projects are established and, above all, tested on the ground at projects
involving local and regional players. Therefore it is important to ensure the implementation of cross-
border projects involving local and regional players.

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Recommendation 11

Article 9(2)(d)

Text proposed by the Commission

CoR amendment

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

(d) staff and administration costs linked to reception of
persons concerned, decision-making relating to the
right of residence and implementation of measures;

R e a son

The present wording does not make it clear that eligible emergency measures include decision-making
relating to the right of residence. Decision-making is, however, an integral part of the implementation of
emergency measures and the costs linked to it can be considerable.

Recommendation 12

Article 12(4)

Text proposed by the Commission

CoR amendment

4. The responsible authorities'

tasks shall

include the

following:

4. With respect for transparency, the responsible authori-
ties' tasks shall carry out, inter alia, the following tasks:

R e a son

Implementation must be transparent under all conditions and at all levels.

Recommendation 13

Article 12(4)(a)

Text proposed by the Commission

CoR amendment

(a) consulting relevant partners (non-governmental organi-
sations, local authorities, competent international orga-
nisations, social partners etc.) to establish the multi-
annual programme;

(a) consulting relevant partners (local and regional authori-
local
international organisations,
to establish the multiannual

ties and also non-governmental organisations,
authorities,
social partners etc.)
programme;

competent

R e a son

Local and regional authorities play a key role in the activities of the European Refugee Fund as service
providers and bearers of overall responsibility. Particularly policy related to the reception and integration
of refugees cannot be planned or implemented in Member States without coordinating with these authori-
ties. Therefore the decision must stipulate that the responsible authorities cooperate with local and regional
authorities in programme planning.

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Recommendation 14

Article 12(4)(c)

Text proposed by the Commission

CoR amendment

(c) organising selection and award procedures for Fund
co-financing in accordance with the principles of trans-
treatment and non-combination of
parency, equal
grants;

(a) organising selection and award procedures for Fund
co-financing in accordance with the principles of trans-
treatment and non-combination of
parency, equal
grants; and in the light of the situation and require-
ments in the Member State; when projects are selected,
account should also be taken of their cost effectiveness,
in the light of the number of persons concerned by the
projects, and the experience, expertise and reliability of
any partner organisations,
the organisations, or
applying for funding;

R e a son

Article 9(3) of the Council Decision of 28 September 2000 establishing the European Refugee Fund (see
OJ L 252 of 6.10.2000, page 12 et seq.) [ERF I] has proved its worth and should therefore be incorporated
into ERF II. In particular, the responsible authorities should continue to select projects according to the
criterion of the situation of the region or the local organising body and the criterion of need. These apprai-
sals can be carried out by regional and local coordination bodies in the individual Member States. External
experts are not in a position to make such appraisals.

Recommendation 15

Article 22(2)

Text proposed by the Commission

CoR amendment

2. 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) A pre-financing payment representing 50% 70% 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;

R e a son

Less strict requirements should be imposed in respect of pre-financing payments to Member States in order
to avoid placing an excessive burden on national budgets and the resources of the partners in the projects
which are responsible for implementing the actions (NGOs etc.).

Brussels, 17 June 2004.

The President

of the Committee of the Regions

Peter STRAUB