Decision No 573/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme Solidarity and Management of Migration Flows and repealing Council Decision 2004/904/EC
Date: 2007-05-23
Institutions: Council of the European Union, European Parliament
Subjects: EU Member State, EU programme, aid to refugees, co-financing, fund (EU), integration of migrants, right of asylum

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I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE
COUNCIL

DECISION No 573/2007/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 23 May 2007

establishing the European Refugee Fund for the period 2008 to 2013 as part of the General
programme ‘Solidarity and Management of Migration Flows’ and repealing Council Decision 2004/
904/EC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

the European Union's
should be a constituent part of
objective of progressively establishing an area of freedom,
security and justice open to those who,
forced by
circumstances, legitimately seek protection in the European
Union.

Having regard to the proposal from the Commission,

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

Having regard to the Opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure laid down in Article 251
of the Treaty (3),

Whereas:

(1) With a view to the progressive establishment of an area of
freedom, security and justice, the Treaty provides both for
the adoption of measures aimed at ensuring the free
movement of persons, in conjunction with accompanying
measures relating to external border controls, asylum and
immigration, and for the adoption of measures relating to
asylum, immigration and the safeguarding of the rights of
third-country nationals.

(2)

The European Council, at its meeting in Tampere on 15 and
16 October 1999, reaffirmed its resolve to create an area of
freedom, security and justice. For that purpose, a common
European policy on asylum and migration should aim both
at the fair treatment of third-country nationals and the
better management of migration flows. A common policy
on asylum, including a Common European Asylum System,

(1) OJ C 88, 11.4.2006, p. 15.
(2) OJ C 115, 16.5.2006, p. 47.
(3) Opinion of the European Parliament of 14 December 2006 (not yet
published in the Official Journal) and Council Decision of 7 May
2007.

(3)

in particular,

This Decision respects fundamental rights and observes the
in the Charter of
principles as reflected,
Fundamental Rights of the European Union and the Geneva
Convention of 28 July 1951 relating to the Status of
Refugees, as supplemented by the New York Protocol of
31 January 1967 (hereinafter referred to as ‘the Geneva
Convention’).

(4) With respect to the treatment of persons falling within the
scope of this Decision, Member States are bound by their
obligations under instruments of international law to which
they are party and which prohibit discrimination.

(5)

(6)

interests of

The best
the child should be a primary
consideration of Member States when implementing this
Decision, in compliance with the UN Convention on the
Rights of the Child, where applicable.

Implementation of this policy should be based on solidarity
between Member States and requires mechanisms
to
promote a balance of efforts between 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 to 2004
by Council Decision 2000/596/EC (4). That decision was
replaced by Council Decision 2004/904/EC of 2 December
2004 establishing the European Refugee Fund for the

(4) OJ L 252, 6.10.2000, p. 12.

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(7)

(8)

(9)

period 2005 to 2010 (1). This ensured continued solidarity
between Member States in the light of recently adopted
Community legislation in the field of asylum,
taking
account of the experience acquired when implementing
the European Refugee Fund for the period 2000 to 2004.

In the Hague Programme of 4 and 5 November 2004, the
European Council set a series of objectives and priorities
with a view to further developing the Common European
Asylum System in its second phase.

In particular, the European Council underlined the need for
the European Union to contribute in a spirit of shared
responsibility to a more accessible, equitable and effective
international protection system and to provide access to
protection and durable solutions at the earliest possible
stage, and called for the development of EU-Regional
Protection Programmes,
resettlement
programme for Member States willing to participate in
such a programme.

including a joint

The European Council also called for the establishment of
involving the national asylum
appropriate structures
services of the Member States with a view to facilitating
practical and collaborative cooperation, aimed at achieving
an EU-wide single procedure,
the joint compilation,
assessment and application of country of origin informa-
tion and addressing particular pressures on asylum systems
or
reception capacities resulting from factors such as
geographic location.

(10) A new European Refugee Fund (hereinafter referred to as
‘the Fund’) should be established in the light of
the
establishment of the European Fund for the integration of
legally-resident third-country nationals, the European Fund
for the return of illegally-resident third-country nationals
and the External Borders Fund for the period 2007 to
2013, as part of the General programme ‘Solidarity and
Management of Migration Flows’, in particular with a view
to setting out common management, control and evalua-
tion arrangements.

(13) This Decision is designed to form part of a coherent
framework, which also includes Decision No 574/2007/EC
of the European Parliament and of the Council of 23 May
2007 establishing the External Borders Fund for the period
2007-2013 as part of the General programme ‘Solidarity
and Management of Migration Flows’ (3), Decision No 575/
2007/EC of the European Parliament and of the Council of
23 May 2007 establishing the European Return Fund for
the period 2008-2013 as part of the General programme
‘Solidarity and Management of Migration Flows’ (4), and
establishing the
Council Decision 2007/.../EC of
European Fund for
the Integration of Third-country
Nationals for the period 2007-2013 as part of the General
programme ‘Solidarity and Management of Migration
Flows’ (5), which aims to address the issue of fairly sharing
responsibilities between Member States as concerns the
financial burden arising from the introduction of integrated
management of the European Union's external borders and
from the implementation of common policies on asylum
and immigration, as developed in accordance with Title IV
of Part Three of the Treaty.

...

(14)

It is appropriate to support and improve the efforts made
by Member States to grant appropriate reception conditions
to refugees, displaced persons and beneficiaries of sub-
sidiary protection,
in accordance with Council Directive
2004/83/EC of 29 April 2004 on minimum standards for
the qualification and status of third-country nationals or
stateless persons as refugees or as persons who otherwise
need international protection and the content of
the
protection granted (6), to apply fair and effective asylum
procedures and to promote good practice in the field of
asylum so as to protect the rights of persons requiring
international protection and enable Member States' asylum
systems to work efficiently.

(15) The integration of refugees 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
the values set out in the Charter of Fundamental Rights of
the European Union. To this end, there should be support
for action by 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 tasks provided for in Articles 2 and 3(1)(k)
of the Treaty.

(11)

In the light of the scope and the purpose of the Fund, it
should not, in any event, support actions with respect to
areas and centres for holding persons in third countries.

(16)

(12)

It is necessary to adapt the duration of the Fund to the
duration of the multiannual financial framework as set out
in the Interinstitutional Agreement of 17 May 2006
between the European Parliament, the Council and the
Commission on budgetary discipline and sound financial
management (2).

(1) OJ L 381, 28.12.2004, p. 52.
(2) OJ C 139, 14.6.2006, p. 1.

In the light of the Hague Programme, it is necessary to
ensure that the Fund's resources are used in the most
efficient way possible to achieve the aims of European
Union asylum policy, taking into account the need to
support resettlement and practical cooperation between
Member States,
inter alia as a means of addressing
particular pressures on reception capacities and asylum
systems.

(3) See page 22 of this Official Journal.
(4) See page 45 of this Official Journal.
(5) Not yet published in the Official Journal.
(6) OJ L 304, 30.9.2004, p. 12.

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(17) The Fund should support Member States' efforts relating to
the enhancement of their capacity to develop, monitor and
evaluate their asylum policies in light of their obligations
under Community legislation, in particular with a view to
engaging in practical cooperation between Member States.

available annual resources in proportion to the burden
borne by each Member State through its efforts in receiving
refugees and displaced persons, including refugees enjoying
international protection within the framework of national
programmes.

territories

(18) The Fund should also support the voluntary efforts made
by Member States to provide international protection and a
durable solution in their
to refugees and
displaced persons identified as eligible for resettlement by
the United Nations High Commissioner
for Refugees
(UNHCR), such as the actions that the Member States
implement to assess the resettlement needs and transfer the
persons concerned to their territories, with a view to
granting them a secure legal status and to promoting their
effective integration.

(19)

It is in the nature of the Fund that it should be able to
provide support to voluntary burden-sharing operations
agreed between Member States and consisting of
the
transfer of beneficiaries of international protection, and of
applicants for international protection, from one Member
State to another which grants them equivalent protection.

(20) The Fund should also be able to offer adequate support to
joint efforts by Member States to identify, share and
promote best practices and establish effective cooperation
structures in order to enhance the quality of decision-
making within the framework of the Common European
Asylum System.

(21) A financial reserve should be established for the imple-
mentation of emergency measures to provide temporary
protection in the event of a mass influx of displaced
to Council Directive 2001/55/EC of
persons, pursuant
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 thereof (1).

(22)

It should also be possible to use that financial reserve to
support Member States' efforts to address situations of
particular pressure which result from sudden arrivals of
large numbers of persons who may be in need of
international protection and which place significant and
urgent demands on Member States' reception facilities or
asylum systems. The conditions and the procedure for
granting financial assistance in these situations should be
laid down.

(23) The support provided by the Fund would be more efficient
and better targeted if co-financing of eligible actions were
based on a multiannual programme, subject to a mid-term
review, and on an annual programme drawn up by each
Member State taking into account its situation and needs.

(24) Whilst it is appropriate to award a fixed amount to each
Member State, it remains fair to allocate a large part of the

(1) OJ L 212, 7.8.2001, p. 12.

(25) Persons granted international protection and a durable
solution through resettlement should be included in the
numbers of beneficiaries of international protection taken
into account when allocating the available annual resources
between Member States.

(26) Taking into account the importance of the strategic use of
resettlement from countries or regions designated for the
implementation of regional protection programmes, it is
necessary to provide additional financial support for the
resettlement of persons from the Western Newly Indepen-
dent Sates and sub-Saharan Africa, which were so
designated in the Communication from the Commission
to the European Parliament and the Council on regional
protection programmes of 1 September 2005 and the
Council Conclusions of 12 October 2005, and from any
other countries or regions that are so designated in the
future.

(27)

(28)

to resettlement

is equally necessary to provide additional
targeted at

financial
It
support
certain
particularly vulnerable categories of persons, where reset-
tlement is determined to be the most appropriate response
to their special needs.

actions

In the context of shared management as referred to in
Article 53(1)(b) of Council Regulation (EC, Euratom)
No 1605/2002 of 25 June 2002 on the Financial
Regulation applicable to the general budget of the European
Communities (2) (hereinafter referred to as ‘the Financial
Regulation’), the conditions allowing the Commission to
the
exercise its responsibilities for
general budget of the European Union should be specified
and the obligations for the cooperation of the Member
States clarified. Applying those conditions would enable the
Commission to satisfy itself that Member States are using
the Fund in a lawful and correct manner and in accordance
with the principle of sound financial management within
the meaning of Articles 27 and 48(2) of the Financial
Regulation.

implementation of

(29) Member States

should adopt adequate measures

to
guarantee the proper functioning of the management and
control system and the quality of implementation. To this
it is necessary to establish general principles and
end,
necessary functions which all programmes should fulfil.

(30)

In accordance with the principles of subsidiarity and
proportionality, Member States should have the primary
responsibility for the implementation and control of the
interventions of the Fund.

(2) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation
(EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

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(31) The obligations on the Member States as regards manage-
ment and control systems, the certification of expenditure,
and the prevention, detection and correction of irregula-
rities and infringements of Community law should be
specified in order
to guarantee efficient and correct
their multiannual and annual pro-
implementation of
grammes. In particular, as far as management and control
are concerned, it is necessary to establish the arrangements
by which Member States ensure that the relevant systems
are in place and function satisfactorily.

(32) Without prejudice to the Commission's powers as regards
financial control, cooperation between the Member States
and the Commission in this field should be encouraged.

(33) The effectiveness and impact of actions supported by the
Fund also depend on their evaluation and the dissemination
of their results. The responsibilities of the Member States
and the Commission in this regard, and arrangements to
ensure the reliability of evaluation and the quality of the
related information, should be formalised.

(34) Bearing in mind the importance of visibility of Community
funding, the Commission should provide guidance facil-
itating the proper acknowledgement of
the support
received by any authority, non-governmental organisation,
international organisation or other entity receiving a grant
under this Fund, taking into account the practice with
respect to other instruments under shared management,
such as the Structural Funds.

(35) Actions should be evaluated with a view to a mid-term
review and impact assessment, and the evaluation process
should be incorporated into project monitoring arrange-
ments.

(36) This Decision establishes a financial envelope for the entire
duration of the programme, which constitutes the prime
reference for the budgetary authority during the annual
the
budgetary procedure, according to point 37 of
Interinstitutional Agreement on budgetary discipline and
sound financial management.

(37) Since the objective of this Decision, namely to promote a
balance of effort between Member States in receiving
refugees and displaced persons, cannot be sufficiently
achieved by the Member States and can therefore by reason
of the scale and effects of the action be better achieved at
Community 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 principle of
proportionality, as set out in that Article, this Decision does
not go beyond what is necessary to achieve this objective.

(38) 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
implementing powers
the exercise of
conferred on the Commission (1).

for

(39) Since the measure of this Decision relating to the adoption
of strategic guidelines is of general scope and is designed to
amend non-essential elements of this Decision, inter alia by
deleting some of those elements or by supplementing this
Decision by the addition of new non-essential elements, it
should be adopted in accordance with the regulatory
procedure with scrutiny provided for in Article 5a of
Decision 1999/468/EC. On grounds of efficiency,
the
the regulatory procedure with
normal
time-limits for
scrutiny should be curtailed for
the
strategic guidelines.

the adoption of

(40) Decision 2004/904/EC should be repealed.

(41)

In accordance with Article 3 of the Protocol on the position
of the United Kingdom and Ireland, annexed to the Treaty
on European Union and to the Treaty establishing the
European Community, Ireland has notified, by letter of
6 September 2005, its wish to take part in the adoption and
application of this Decision.

(42)

In accordance with Article 3 of the Protocol on the position
of the United Kingdom and Ireland, annexed to the Treaty
on European Union and to the Treaty establishing the
European Community, the United Kingdom has notified, by
letter of 27 October 2005, its wish to take part in the
adoption and application of this Decision.

(43)

In accordance with Articles 1 and 2 of the Protocol on the
position of Denmark, annexed to the Treaty on European
Union and to the Treaty establishing the European
Community, Denmark does not take part in the adoption
of this Decision and is not bound by it or subject to its
application.

(44)

In accordance with the second indent of paragraph 2 of
Article 67 of the Treaty, Council Decision 2004/927/EC of
22 December 2004 providing for certain areas covered by
Title IV of Part Three of
the Treaty establishing the
European Community to be governed by the procedure laid
down in Article 251 of
rendered the
procedure referred to in Article 251 of the Treaty applicable
in the areas covered by Articles 62(1), (2)(a) and (3) and 63
(2)(b) and (3)(b) of that Treaty,

that Treaty (2)

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/

512/EC (OJ L 200, 22.7.2006, p. 11).

(2) OJ L 396, 31.12.2004, p. 45.

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HAVE ADOPTED THIS DECISION:

CHAPTER I

SUBJECT-MATTER, OBJECTIVES AND ACTIONS

Article 1

Subject matter and scope

This Decision establishes for the period from 1 January 2008 to
31 December 2013 the European Refugee Fund (hereinafter
referred to as ‘the Fund’), as part of a coherent framework which
also includes Decision No 574/2007/EC, Decision No 575/
2007/EC, and Decision 2007/.../EC, in order to contribute to the
strengthening of the area of freedom, security and justice and the
application of the principle of solidarity between the Member
States.

This Decision defines
to which the Fund
the objectives
contributes, its implementation, the available financial resources
and the distribution criteria for the allocation of the available
financial resources.

It establishes the Fund's management rules, including financial
rules, as well as monitoring and control mechanisms, based on
the sharing of responsibilities between the Commission and the
Member States.

System, in particular with a view to engaging in practical
cooperation activities between Member States;

(d)

resettlement of persons referred to in Article 6(e). For the
purposes of this Decision, resettlement means the process
whereby, on a request from UNHCR based on a person's
need for international protection, third-country nationals
or stateless persons are transferred from a third country to a
Member State where they are permitted to reside with one
of the following statuses:

(i)

refugee status within the meaning of Article 2(d) of
Directive 2004/83/EC, or

(ii)

a status which offers the same rights and benefits
under national and Community law as refugee status;

(e)

transfer of persons falling within the categories referred to
in Article 6(a) and (b)
from the Member State which
granted them international protection to another Member
State where they will be granted similar protection and of
persons falling within the category referred to in Article 6
(c) to another Member State where their applications for
international protection will be examined.

2. As regards reception conditions and asylum procedures,
eligible actions shall include the following:

Article 2

(a)

accommodation infrastructure or services;

General objective of the Fund

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

2. The Fund shall contribute to the financing of technical
assistance at
the
Commission.

the Member States or

the initiative of

Article 3

Eligible actions in the Member States

1. The Fund shall support actions in Member States relating to
one or more of the following:

(a)

reception conditions and asylum procedures;

(b)

(c)

integration of persons referred to in Article 6 whose stay in
a particular Member State is of a lasting and stable nature;

enhancement of Member States' capacity to develop,
monitor and evaluate their asylum policies in the light of
their obligations under existing and future Community
legislation relating to the Common European Asylum

(b)

structures and training to ensure access
procedures for asylum seekers;

to asylum

(c)

provision of material aid and medical or psychological care;

(d)

social assistance, information or help with administrative
and/or judicial formalities and information or counselling
on the possible outcomes of
the asylum procedure,
including on aspects such as voluntary return;

(e)

legal aid and language assistance;

(f)

(g)

(h)

(i)

education, language training and other initiatives which are
consistent with the status of the person concerned;

the provision of support services such as translation and
training to help improve reception conditions and the
efficiency and quality of asylum procedures;

information for local communities as well as training for
the staff of local authorities, who will be interacting with
those being received in the host country;

transfer of persons falling within the category referred to in
Article 6(c) from the Member State where they are located
to the Member State responsible for the examination of
their asylum application.

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3. As regards the integration into Member States' societies of
persons referred to in paragraph 1(b) and members of their
family, eligible actions shall include the following:

5. As regards actions relating to resettlement, the following, in
particular, shall be eligible for support from the Fund:

(a)

(b)

advice and assistance in areas such as housing, means of
subsistence,
integration into the labour market, medical,
psychological and social care;

actions enabling such persons to adapt to the society of the
Member State in socio-cultural terms, and to share the
values enshrined in the Charter of Fundamental Rights of
the European Union;

(a)

(b)

actions relating to the establishment and development of a
resettlement programme;

actions relating to the assessment of potential resettlement
cases by the competent Member States' authorities, such as
interviews,
conducting missions
medical and security screening;

to the host country,

(c)

pre-departure health assessment and medical treatment;

(c)

actions to promote durable and sustainable participation in
civil and cultural life;

(d)

pre-departure material provisions;

(d) measures focusing on education, vocational training, or

recognition of qualifications and diplomas;

(e)

(f)

actions designed to promote self-empowerment and to
enable such persons to provide for themselves;

actions that promote meaningful contact and constructive
dialogue between such persons and the receiving society,
including actions which promote the involvement of key
partners such as the general public,
local authorities,
refugee associations, voluntary groups, social partners and
the broader civil society;

(g) measures to support

the acquisition of skills by such

persons, including language training;

(h)

actions that promote both equality of access and equality of
outcomes in relation to such persons' dealings with public
institutions.

(e)

pre-departure information measures;

(f)

(g)

travel arrangements,
escort services;

including the provision of medical

information and assistance immediately upon arrival,
including interpretation services.

6. As regards actions relating to the transfer of beneficiaries of
and applicants for international protection between Member
States, the following, in particular, shall be eligible for support
from the Fund:

(a)

pre-departure information measures;

(b)

(c)

travel arrangements,
escort services;

including the provision of medical

information and assistance immediately upon arrival,
including interpretation services.

4. As regards actions relating to the enhancement of Member
States' capacity to develop, monitor and evaluate their asylum
policies, the following, in particular, shall be eligible for support
from the Fund:

7. The actions referred to in paragraphs 2 and 3 shall also be
eligible for support from the Fund where they are targeted at the
persons referred to in Article 6(e).

(a)

(b)

actions promoting the collection, compilation, use and
dissemination of country of origin information, including
translation;

actions enhancing the capacity to collect, analyse and
disseminate statistics on asylum procedures, reception,
integration and beneficiaries of international protection;

(c)

actions enhancing the capacity to assess asylum applica-
tions, including appeals;

8. Actions provided for in paragraphs 1 to 6 shall, in particular,
promote the implementation of the provisions of the relevant
Community legislation in the field of the Common European
Asylum System.

9. Actions shall take account of gender-related issues, the best
interests of children, the specific situation of vulnerable persons
such as minors, unaccompanied minors, disabled people, elderly
people, pregnant women, single parents with minor children,
victims of
forms of
psychological, physical or sexual violence or abuse, victims of
trafficking, and individuals in need of emergency care and
essential treatment of illness.

rape or other

torture, or

serious

(d)

actions contributing to the evaluation of asylum policies,
such as national impact assessments, surveys among target
groups, the development of indicators and benchmarking.

10. The Fund shall only support actions with respect
to
accommodation of persons referred to in Article 6(c) which is
separate from areas or centres solely destined for persons whose

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entry is refused or for persons who are intercepted after crossing
an external border illegally or when approaching an external
border with a view to entering the territory of the Member States
illegally.

3. The annual work programme laying down the priorities for
Community actions shall be adopted in accordance with the
procedure referred to in Article 52(2).

Article 4

Community actions

1. At the Commission's initiative, up to 10 % of the Fund's
available resources may be used to finance transnational actions
or actions of interest to the Community as a whole (hereinafter
referred to as ‘Community actions’) concerning asylum policy
and measures applicable to the target groups referred to in
Article 6.

2. To be eligible for funding, Community actions shall,
particular:

in

(a)

(b)

further Community cooperation in implementing Commu-
nity law and good practices, including interpretation and
translation services supporting such cooperation;

support the setting-up of transnational cooperation net-
works and pilot projects based on transnational partner-
ships between bodies located in two or more Member
States designed to stimulate innovation, facilitate exchanges
of experience and good practice and improve the quality of
asylum policy;

(c)

support transnational awareness-raising campaigns;

support studies, dissemination and exchange of informa-
tion on best practices and all other aspects of asylum
policies, including on the use of state-of-the-art technology
and on cooperation at national level between key partners,
such as local and regional authorities, refugee associations
and voluntary groups;

support pilot projects, including innovative projects, and
studies exploring the possibility of new forms of Commu-
nity cooperation and Community law in this area;

(d)

(e)

(f)

(g)

Article 5

Emergency measures

1.
In the event of temporary protection mechanisms within the
meaning of Directive 2001/55/EC being implemented, the Fund
shall also finance measures to help the Member States, such
measures being separate from, and in addition to, the actions
referred to in Article 3.

2. Without prejudice to paragraph 1,
the Fund shall also
provide assistance to Member States for the implementation of
emergency measures aimed at addressing situations of particular
pressure. Such situations are characterised by the sudden arrival
at particular points on the borders of a large number of third-
country nationals who may be in need of
international
protection, which place exceptionally heavy and urgent demands
on the reception facilities, the asylum system or infrastructure of
the Member State(s) concerned and may give rise to risks to
human life, well being or access to protection provided under
Community legislation.

3. The actions implemented in order to address the situations
of particular pressure referred to in paragraph 2 shall be eligible
for support from the Fund if:

(a)

they are intended to be implemented immediately and
cannot practicably be included in the relevant annual
programme; and

(b)

their duration does not exceed six months.

Eligible emergency measures shall concern the following

4.
types of action:

(a)

reception and accommodation;

(b)

provision of means of subsistence,
clothing;

including food and

(c) medical, psychological or other assistance;

support development and application by Member States of
tools, methods and indicators for
common statistical
measuring policy developments in the field of asylum;

(d)

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

offer to networks linking non-governmental organisations
which assist refugees and asylum seekers and which are
present in at least 10 Member States structural support
intended to facilitate exchanges of experience and sound
practice and to ensure that the development of Community
asylum policy and practice
the
experience gained by non-governmental organisations and
the interests of refugees and asylum seekers;

into account

takes

(e)

logistical and transport costs;

(f)

legal aid and language assistance;

(g)

provision of translation and interpretation services, country
of origin information expertise and other measures
contributing to the rapid identification of persons who
may be in need of international protection and to a fair and
efficient processing of asylum applications.

(h)

provide Member States with support services in the event of
duly substantiated emergency situations requiring urgent
action.

5. Measures under paragraph 4 may be supported by expert
teams.

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Article 6

Target groups

Article 9

Subsidiary and proportional intervention

the purposes of

For
comprise the following categories:

this Decision the target groups shall

(a)

(b)

(c)

(d)

any third-country national or stateless person having the
status defined by the Geneva Convention and who is
permitted to reside as a refugee in one of the Member
States;

any third-country national or stateless person enjoying a
form of subsidiary protection within the meaning of
Directive 2004/83/EC;

any third-country national or stateless person who has
applied for one of the forms of protection described in
points (a) and (b);

any third-country national or stateless person enjoying
temporary protection within the meaning of Direc-
tive 2001/55/EC;

(e)

any third-country national or stateless person who is being
or has been resettled in a Member State.

CHAPTER II

PRINCIPLES OF ASSISTANCE

Article 7

Complementarity, consistency and compliance

1. The Fund shall provide assistance which complements
national, regional and local actions, integrating into them the
priorities of the Community.

2. The Commission and the Member States shall ensure that
assistance from the Fund and the Member States is consistent
with the activities, policies and priorities of the Community. This
consistency shall be indicated in particular in the multiannual
programme referred to in Article 18.

3. Operations financed by the Fund shall comply with the
provisions of the Treaty and of acts adopted thereunder.

Article 8

Programming

1. The objectives of the Fund shall be pursued within the
framework of the multiannual programming period from 2008
to 2013, subject to a mid-term review in accordance with
Article 22. The multiannual programming system shall include
the priorities and a process for management, decision making,
auditing and certification.

Implementation of multiannual and annual programmes
1.
referred to in Articles 18 and 20 shall be the responsibility of
Member States at the appropriate territorial level, in accordance
with the institutional system specific to each Member State. This
responsibility shall be exercised in accordance with this Decision.

2.
In relation to audit provisions, the means employed by the
Commission and the Member States shall vary according to the
size of the Community contribution. The same principle shall
apply to provisions on evaluation and to the reports on
multiannual and annual programmes.

Article 10

Implementation methods

1. The Community budget allocated to the Fund shall be
implemented in accordance with Article 53(1)(b) of the Financial
Regulation, with the exception of
the Community actions
referred to in Article 4 and the technical assistance referred to in
Article 15 of this Decision.

2. The Commission shall
implementing the general budget of the European Union by:

responsibility for

exercise

its

(a)

checking the existence and proper functioning of manage-
ment and control systems in the Member States in
accordance with the procedures described in Article 32;

(b) withholding or suspending payments, in full or in part, in
accordance with the procedures described in Articles 41
and 42, if the national management and control systems
fail, and applying any other financial correction required, in
accordance with the procedures described in Articles 45
and 46.

Article 11

Partnership

Each Member State shall organise,

1.
in accordance with
current national rules and practices, a partnership with the
authorities and bodies which are involved in the implementation
of
the multiannual programme or which, according to the
Member State concerned, are able to make a useful contribution
to its development.

Such authorities and bodies may include the competent regional,
local, urban and other public authorities, international organisa-
tions, in particular UNHCR, and bodies representing civil society,
such as non-governmental organisations or social partners.

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

2.
Such partnership shall be conducted in full compliance with
the respective institutional, legal and financial jurisdiction of each
partner category.

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CHAPTER III

FINANCIAL FRAMEWORK

Article 12

Global resources

1. The financial envelope for
this
Decision from 1 January 2008 to 31 December 2013 shall be
EUR 628 million.

the implementation of

2. The annual appropriations shall be authorised by the
budgetary authority within the limits of the Financial Frame-
work.

(c)

(d)

children and women at risk, particularly from psychologi-
cal, physical or sexual violence or exploitation;

persons with serious medical needs that can only be
addressed through resettlement.

4. Where a Member State resettles a person falling within more
than one of the categories referred to in paragraph 3, it shall
receive the fixed amount for this person only once.

5. The reference figures shall be the latest statistics produced by
the Commission (Eurostat), on the basis of data provided by
Member States in accordance with Community law.

3. The Commission shall make indicative annual breakdowns
by Member States in accordance with the criteria established in
Article 13.

Where Member States have not supplied the Commission
(Eurostat) with the statistics concerned,
they shall provide
provisional data as soon as possible.

Article 13

Annual distribution of resources for eligible action in the
Member States

Each Member State shall

1.
EUR 300 000 from the Fund's annual allocation.

receive a fixed amount of

This amount shall be raised to EUR 500 000 per annum for the
period 2008 to 2013 for Member States which acceded to the
European Union on 1 May 2004.

This amount shall be raised to EUR 500 000 per annum for
Member States which accede to the European Union during the
period from 2007 to 2013 for the remaining part of
the
period from 2008 to 2013 as from the year following their
accession.

Before accepting these data as reference figures, the Commission
(Eurostat) shall evaluate the quality, comparability and complete-
ness of the statistical information in accordance with normal
operational procedures. At
the Commission
(Eurostat), Member States shall provide it with all the necessary
information to do so.

the request of

6. By 1 May each year, Member States shall provide the
Commission with an estimate of the number of persons referred
to in paragraph 3 whom they will resettle the following year,
including a breakdown by the different categories referred to in
that paragraph. The Commission shall communicate this
information to the Committee referred to in Article 52.

Article 14

Financing structure

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

Financial contributions under the Fund shall take the form

1.
of grants.

(a)

30 % in proportion to the number of persons who fall into
one of the categories referred to in Article 6(a), (b) and (e)
admitted over the previous three years;

2. Actions supported by the Fund shall be co-financed by
public or private sources, shall be of a non-profit nature and shall
not be eligible for funding from other sources covered by the
general budget of the European Union.

(b) 70 % in proportion to the number of persons who fall into
one of the categories referred to in Article 6(c) and (d)
registered over the previous three years.

For the purposes of this breakdown, persons referred to in
Article 6(e) shall not be taken into account under the category
referred to in Article 6(a).

3. Member States shall receive a fixed amount of EUR 4 000
for each resettled person falling into one of
the following
categories:

(a)

persons from a country or region designated for the
implementation of a Regional Protection Programme;

3.
Fund appropriations shall be complementary to public or
equivalent expenditure allocated by Member States to the
measures covered by this Decision.

4. The Community contribution to supported projects, as
regards actions implemented in the Member States under
Article 3, shall not exceed 50 % of the total cost of a specific
action.

This may be increased to 75 % for projects addressing specific
priorities identified in the strategic guidelines referred to in
Article 17.

(b)

unaccompanied minors;

The Community contribution shall be increased to 75 % in the
Member States covered by the Cohesion Fund.

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5. Within the framework of the implementation of national
programming as set out in Chapter IV, Member States shall select
projects for financing on the basis of the following minimum
criteria:

(a)

(b)

(c)

(d)

the situation and requirements in the Member State
concerned;

the cost-effectiveness of the expenditure, inter alia in view
of the number of persons concerned by the project;

the experience, expertise, reliability and financial contribu-
tion of the organisation applying for funding and any
partner organisation;

the extent to which the project complements other actions
funded by the general budget of the European Union or as
part of national programmes.

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

7. The Community contribution to supporting actions imple-
mented under Article 3(4) shall not exceed 15 % of the total of
the annual
resources allocated to each Member State in
accordance with Article 13.

Article 15

Technical assistance at the initiative of the Commission

1. At the initiative of and/or on behalf of the Commission,
subject to a ceiling of EUR 500 000 of
the Fund's annual
allocation,
Fund may finance preparatory measures,
monitoring, administrative and technical support measures, as
well as evaluation, audit and inspection measures necessary for
implementing this Decision.

the

2. Those measures shall include:

studies, evaluations, expert reports and statistics, including
those of a general nature concerning the operation of the
Fund;

information measures for the Member States, the final
beneficiaries and the general public, including awareness-
raising campaigns and a common database of projects
financed under the Fund;

the installation, operation and interconnection of compu-
terised systems for management, monitoring,
inspection
and evaluation;

the design of a common framework for evaluation and
monitoring as well as a system of indicators, taking into
account, where appropriate, national indicators;

(a)

(b)

(c)

(d)

(e)

(f)

complementary to the efforts of the Member States to
provide guidance to their authorities in accordance with
Article 31(2).

Article 16

Technical assistance at the initiative of the Member States

the initiative of a Member State,

for each annual
1. At
the Fund may finance preparatory measures,
programme,
management, monitoring, evaluation, information and control
measures, as well as measures for the reinforcement of the
administrative capacity for the implementation of the Fund.

2. The amount set aside for technical assistance under each
annual programme may not exceed:

(a)

(b)

for the period 2008 to 2010, 7 % of the total annual
amount of co-financing allocated to that Member State plus
EUR 30 000; and

for the period 2011 to 2013, 4 % of the total annual
amount of co-financing allocated to that Member State plus
EUR 30 000.

CHAPTER IV

PROGRAMMING

Article 17

Adoption of strategic guidelines

1. The Commission shall adopt strategic guidelines setting
out a framework for the intervention of the Fund, taking into
account progress in the development and implementation of
Community legislation in the area of asylum policy as well as the
indicative distribution of the financial resources of the Fund for
the period of the multiannual programme.

For each of the objectives of the Fund, those guidelines shall
2.
in particular give effect to the priorities of the Community with a
view to promoting the implementation of
the Common
European Asylum System.

3. The Commission shall adopt the strategic guidelines relating
to the multiannual programming period by 31 July 2007.

4. The strategic guidelines shall be adopted in accordance with
the regulatory procedure with scrutiny referred to in Article 52
(3). Those strategic guidelines, once adopted, shall be annexed to
this Decision.

Article 18

Preparation and approval of national multiannual
programmes

improvements in evaluation methods and the exchange of
information on practices in this field;

the
Each Member State shall propose, on the basis of
1.
strategic guidelines referred to in Article 17, a draft multiannual
programme which shall consist of the following elements:

the authorities
information and training measures for
designated by Member States in accordance with Article 25,

(a)

a description of the current situation in that Member State
as regards arrangements for reception, asylum procedures,

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(b)

(c)

(d)

(e)

(f)

(g)

counselling for voluntary return, integration, and resettle-
ment and transfer from another Member State of persons
covered by Article 6, as well as
the development,
monitoring and evaluation of asylum policies;

an analysis of requirements in the Member State in question
in terms of reception, asylum procedures, counselling for
voluntary return, integration, and resettlement and transfer
from another Member State of persons covered by Article 6,
as well as the development, monitoring and evaluation of
asylum policies;

conjunction with the directly related accompanying
measures with respect to external border controls, asylum
and immigration.

4. Where the Commission considers that a draft multiannual
programme is inconsistent with the strategic guidelines and/or
does not comply with the provisions of this Decision setting out
management and control systems or with Community law, it
shall invite the Member State concerned to provide all necessary
additional information and, where appropriate, to revise the draft
multiannual programme accordingly.

the presentation of an appropriate strategy to achieve those
objectives and the priorities attached to their attainment,
and a description of the actions envisaged to implement
those priorities;

5. The Commission shall approve each multiannual pro-
in
its formal submission,
gramme within three months of
accordance with the procedure referred to in Article 52(2).

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

Article 19

Revision of multiannual programmes

information on the priorities and their specific targets.
Those targets shall be quantified using a limited number of
indicators, taking into account the proportionality prin-
ciple. The indicators must make it possible to measure the
progress in relation to the baseline situation and the
effectiveness of the targets implementing the priorities;

1. At the initiative of the Member State in question or the
Commission, the multiannual programme shall be re-examined
and, if necessary, revised for the rest of the programming period
in order to take greater or different account of Community
priorities. Multiannual programmes may be re-examined in the
light of evaluations and/or following implementation difficulties.

a description of the approach chosen for the implementa-
tion of the partnership principle laid down in Article 11;

a draft financing plan which sets out, for each priority and
each annual programme, the Fund's proposed financial
contribution and the overall amount of public or private
co-financing;

(h)

the provisions laid down to ensure that the multiannual
programme is made public.

shall

2. Member States
their draft multiannual
submit
programme to the Commission no later than four months after
the Commission has provided the strategic guidelines for the
period in question.

In order to approve the draft multiannual programme, the

3.
Commission shall examine:

2. The Commission shall adopt a decision approving the
revision of the multiannual programme as soon as possible after
to that effect by the
the formal submission of a request
Member State concerned. The revision of
the multiannual
in accordance with the
programme shall be carried out
procedure referred to in Article 52(2).

Article 20

Annual programmes

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

2. The Commission shall provide the Member States, by 1 July
of 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 for by Article 13.

(a)

(b)

(c)

(d)

the draft multiannual programme's consistency with the
objectives of the Fund and the strategic guidelines referred
to in Article 17;

shall

3. Member States
to the Commission, by
submit
1 November of each year, a draft annual programme for the
following year, established in accordance with the multi-annual
programme and consisting of the following elements:

the relevance of
the actions envisaged in the draft
multiannual programme in the light of the strategy which
is proposed;

the compliance of the management and control arrange-
ments set up by the Member State for the implementation
of the Fund's interventions with the provisions of this
Decision;

the draft multiannual programme's
compliance with
Community law and, in particular, with Community law
aiming at ensuring the free movement of persons in

(a)

(b)

(c)

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

a description of the actions to be supported under the
annual programme;

the proposed financial breakdown of the Fund's contribu-
tion between the programme's various actions; and an
indication of
the amount requested to cover technical
assistance under Article 16 for the purpose of implement-
ing the annual programme.

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4. By way of derogation from paragraph 3, Member States shall
submit
for 2008 to the
Commission by 1 March 2008.

the draft annual programmes

5. When examining the draft annual programme of a Member
State, the Commission shall take account of the final amount of
the appropriations allocated to the Fund under the budgetary
procedure.

Within one month of the formal submission of the draft annual
programme, the Commission shall
inform the Member State
concerned of whether it can be approved. If the draft annual
programme is inconsistent with the multiannual programme, the
invite that Member State to provide all
Commission shall
necessary information and, where appropriate, to revise the draft
annual programme accordingly.

The Commission shall adopt the financing decision approving
the annual programme by 1 March of the year in question. The
decision shall indicate the amount allocated to the Member State
concerned and the period for which the expenditure is eligible.

6. To take into account duly substantiated emergency situa-
tions which were not foreseen at the time of the approval of the
annual programme and which require urgent action, a Member
State may revise up to 10 % of the financial breakdown of the
contribution from the Fund between the various actions listed in
the annual programme or allocate up to 10 % of the breakdown
to other actions in accordance with this Decision. The Member
State concerned shall
inform the Commission of the revised
annual programme.

Article 21

Special provisions concerning emergency measures

1. Member States
shall provide the Commission with a
statement of requirements and an implementation plan for the
emergency measures provided for in Article 5,
including a
description of the planned measures and the bodies responsible
for implementing them.

2. A Member State requesting assistance from the Fund in
order to address a situation of particular pressure, as described in
Article 5(2), shall submit to the Commission an application
providing all available relevant information, including:

for
The Commission shall decide whether
granting financial assistance for emergency measures from the
Fund are fulfilled and set the amount of financial assistance to be
granted on the basis of the information referred to above as well
as any additional relevant
its disposal. The
Commission shall inform Member States of that decision.

the conditions

information at

Financial assistance from the Fund for

3.
the emergency
measures provided for in Article 5 shall be limited to a period of
six months and shall not exceed 80 % of the cost of each
measure.

In the event of

the implementation of

4.
the temporary
protection mechanism, as referred to in Article 5(1), 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 5(1).

Article 22

Mid-term review of the multiannual programme

1. The Commission shall review the strategic guidelines and,
where necessary, adopt, by 31 March 2010, revised strategic
guidelines for the period 2011 to 2013.

2.
If such revised strategic guidelines are adopted, each Member
State shall re-examine its multiannual programme and, where
appropriate, revise it.

3. The rules laid down in Article 18 on the preparation and
shall apply
approval of national multiannual programmes
mutatis mutandis to the preparation and approval of
these
revised multiannual programmes.

revised strategic guidelines

shall be adopted in
4. The
accordance with the regulatory procedure with scrutiny referred
to in Article 52(3).

CHAPTER V

MANAGEMENT AND CONTROL SYSTEMS

Article 23

Implementation

(a)

(b)

(c)

(d)

a detailed description of the current situation, in particular
concerning the number of arrivals, the effects on reception
capacities, the asylum system or infrastructure and the
urgent needs, as well as a substantiated forecast of possible
developments in the situation in the short-term;

a substantiated indication of the exceptional character of
the situation, demonstrated by elements which may include
recent statistics and other data regarding the inflow of
persons at the particular point of the border concerned;

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

Article 24

General principles of management and control systems

The management and control systems of multiannual pro-
grammes set up by Member States shall provide for:

a detailed description of the emergency measures envisaged,
their scale, their nature and the partners concerned;

(a)

the definition of the functions of the bodies concerned in
management and control and the allocation of functions
within each body;

a breakdown of
envisaged.

the estimated costs of

the measures

(b)

respect for the principle of separation of functions between
and within such bodies;

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(c)

adequate resources for each body to carry out the functions
which have been allocated to it throughout the period of
implementation of actions co-financed by the Fund;

Subject to Article 24 (b), some or all of the authorities
3.
referred to in paragraph 1 of this Article may be located within
the same body.

(d)

procedures for ensuring the correctness and regularity of
the expenditure declared under the annual programmes;

4. The rules for implementing Articles 26 to 30 shall be
adopted by the Commission in accordance with the procedure
referred to in Article 52(2).

(e)

(f)

reliable accounting, monitoring and financial reporting
systems in computerised form;

Article 26

Responsible authority

a system of reporting and monitoring where the respon-
sible body entrusts the performance of tasks to another
body;

1. The responsible authority shall meet the following mini-
mum conditions.

(g) manuals of procedures in relation to the functions to be

It shall:

performed;

(h)

arrangements for auditing the functioning of the system;

(i)

systems and procedures to ensure an adequate audit trail;

(j)

procedures for reporting and monitoring irregularities and
for the recovery of amounts unduly paid.

Article 25

Designation of authorities

1.
For the implementation of its multiannual programme and
annual programmes the Member State shall designate the
following:

(a)

(b)

(c)

a responsible authority: a functional body of the Member
State, national public authority or body designated by the
Member State or a body which is governed by the private
law of the Member State and has a public service mission,
which shall be responsible for the management of the
multiannual programme and annual programmes sup-
ported by the Fund and handle all communication with the
Commission;

a certifying authority: a national public authority or body,
or individual acting as such a body or authority, designated
by the Member State to certify declarations of expenditure
before they are sent to the Commission;

it

is

functionally independent of

an audit authority: a national public authority or body,
provided that
the
responsible authority and the certifying authority, desig-
nated by the Member State and responsible for verifying the
effective functioning of
the management and control
system;

(d) where appropriate, a delegated authority.

(a)

(b)

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;

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

(d)

(e)

(f)

be in a position to apply Community fund management
rules;

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

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

2. The Member State shall provide the responsible authority
with adequate funding so that it can continue to carry out its
tasks properly throughout the period 2008 to 2013.

3. The Commission may assist
the Member States in the
training of staff, in particular as regards the correct application of
Chapters V to IX.

Article 27

Tasks of the responsible authority

1. The responsible authority shall be responsible for managing
and implementing the multi-annual programme in accordance
with the principle of sound financial management.

It shall in particular:

(a)

consult partners in accordance with Article 11;

2. The Member State shall
lay down rules governing its
relations with the authorities referred to in paragraph 1 and their
relations with the Commission.

(b)

submit to the Commission proposals for multiannual and
annual programmes to which Articles 18 and 20 refer;

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(c)

organise and advertise calls for tenders and proposals if
appropriate;

(d)

organise the selection of projects for co-financing under the
Fund in accordance with the criteria set out in Article 14(5);

receive payments made by the Commission, and make
payments to the final beneficiaries;

(e)

(f)

(p)

(q)

cooperate with the Commission and the responsible
authorities in the other Member States;

verify the implementation by the final beneficiaries of the
guidelines referred to in Article 33(6).

2. The responsible authority's management activities
for
projects implemented in the Member States may be financed
the technical assistance arrangements referred to in
under
Article 16.

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

Article 28

(g) monitor the delivery of

the co-financed products and
services and check that the expenditure declared for actions
has actually been incurred and complies with Community
and national rules;

(h)

(i)

(j)

(k)

(l)

ensure that there is a system for recording and storing in
computerised form accounting records of each action under
the annual programmes and that the data on implementa-
tion necessary for
financial management, monitoring,
control and evaluation are collected;

ensure that final beneficiaries and other bodies involved in
the implementation of actions co-financed by the Fund
maintain either a separate accounting system or an
adequate accounting code for all transactions relating to
the action without prejudice to national accounting rules;

ensure that the evaluations of the Fund referred to in
Article 49 are carried out within the time limits laid down
in Article 50(2) and meet the quality standards agreed
between the Commission and the Member State;

set up procedures to ensure that all documents regarding
expenditure and audits required to ensure an adequate audit
trail are held in accordance with the requirements referred
to in Article 43;

ensure that the audit authority receives for the purposes of
carrying out the audits defined in Article 30(1) all necessary
information on management procedures operated and the
projects co-financed by the Fund;

(m) ensure that the certifying authority receives all necessary
information on the procedures and verifications carried out
in relation to expenditure for the purpose of certification;

(n)

draw up and submit to the Commission progress and final
reports on the implementation of the annual programmes,
declarations of expenditure certified by the certifying
authority and requests for payment or, where appropriate,
statements of reimbursement;

Delegation of tasks by the responsible authority

1. Where all or some of the responsible authority's tasks are
delegated to a delegated authority, the responsible authority shall
define the scope of the tasks delegated, and set out detailed
procedures for the implementation of the delegated tasks, which
shall comply with the conditions laid down in Article 26.

2. These procedures shall
include supplying the responsible
authority with regular information on the effective performance
of the delegated tasks and a description of the means employed.

Article 29

Certifying authority

1. The certifying authority shall:

(a)

certify that:

(i)

(ii)

the declaration of expenditure is accurate, results from
reliable accounting systems and is based on verifiable
supporting documents,

the expenditure declared complies with applicable
Community and national rules and has been incurred
in respect of actions selected in accordance with the
criteria applicable to the programme and complying
with Community and national rules;

(b)

(c)

ensure for the purposes of certification that it has received
adequate information from the responsible authority on the
procedures and verifications carried out
in relation to
expenditure included in declarations of expenditure;

take account for the purposes of certification of the results
of all audits carried out by or under the responsibility of the
audit authority;

(d) maintain accounting records in computerised form of

expenditure declared to the Commission;

(o)

carry out information and advisory activities and dissem-
inate results of supported actions;

(e)

verify the recovery of any Community financing found to
have been unduly paid as a result of irregularities detected,
together with interest where appropriate;

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(f)

keep an account of amounts recoverable and amounts
recovered under the general budget of the European Union,
where possible by deducting them from the next
declaration of expenditure.

2. The certifying authority's activities relating to projects
implemented in the Member States may be financed under the
technical assistance arrangements referred to in Article 16,
provided that the prerogatives of this authority as described in
Article 25 are respected.

balance and the legality and regularity of the expenditure
concerned.

4. The audit authority shall ensure that the audit work takes
account of internationally accepted audit standards.

5. The audit relating to projects implemented in the Member
States may be financed under the technical assistance arrange-
ments referred to in Article 16, provided that the prerogatives of
the audit authority as described in Article 25 are respected.

Article 30

Audit authority

1. The audit authority shall:

(a)

ensure that audits are carried out to verify the effective
functioning of the management and control system;

(b)

(c)

ensure that audits are carried out on actions on the basis of
an appropriate sample to verify expenditure declared; the
sample shall represent at least 10 % of the total eligible
expenditure for each annual programme;

to the Commission within six months of

present
the
approval of the multiannual programme an audit strategy
covering the bodies which will perform the audits referred
the main
to under points (a) and (b), ensuring that
beneficiaries of co-financing by the Fund are audited and
that audits are spread evenly throughout the programming
period.

2. Where the designated audit authority under this Decision is
also the designated audit authority under Decisions No 574/
2007/EC, No 575/2007/EC and 2007/.../EC, or where common
systems apply to two or more of these Funds, a single combined
audit strategy may be submitted under paragraph 1(c).

For each annual programme, the audit authority shall draft a

3.
report which shall comprise:

(a)

(b)

(c)

an annual audit report setting out the findings of the audits
carried out in accordance with the audit strategy in respect
of the annual programme and reporting any shortcomings
found in the systems for the management and control of
the programme;

an opinion, on the basis of the controls and audits that have
been carried out under the responsibility of
the audit
authority, as to whether the functioning of the management
and control system provides reasonable assurance that
declarations of expenditure presented to the Commission
are correct and that the underlying transactions are legal
and regular;

a declaration assessing the validity of
payment or statement of

reimbursement of

the request

for
the final

CHAPTER VI

RESPONSIBILITIES AND CONTROLS

Article 31

Responsibilities of the Member States

1. Member States shall be responsible for ensuring sound
financial management of multi-annual and annual programmes
and the legality and regularity of underlying transactions.

2. Member States shall ensure that responsible authorities and
any delegated authority, certifying authorities, audit authorities
and any other bodies concerned receive adequate guidance on
setting up the management and control systems referred to in
Articles 24 to 30 to ensure that Community financing is used
efficiently and correctly.

3. Member States shall prevent, detect and correct irregula-
rities. They shall notify these to the Commission, and keep the
Commission informed of the progress in the administrative and
legal proceedings.

When amounts unduly paid to a final beneficiary cannot be
recovered, the Member State concerned shall be responsible for
reimbursing the amounts lost to the general budget of
the
European Union when it is established that the loss has been
incurred as a result of its fault or negligence.

4. Member States shall be primarily responsible for
the
financial control of actions and shall ensure that management
and control systems and audits are implemented in such a way as
to guarantee that Community funds are used properly and
effectively. They shall provide the Commission with a description
of these systems.

5. The detailed rules for implementing paragraphs 1 to 4 shall
be adopted in accordance with the procedure referred to in
Article 52(2).

Article 32

Management and control systems

1. Before the Commission approves the multi-annual pro-
in accordance with the procedure referred to in
gramme,
Article 52(2), the Member States shall ensure that management

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and control systems have been set up in accordance with
Articles 24 to 30. They shall be responsible for ensuring that the
systems
the programming
period.

function effectively throughout

immediately exchange the results of audits carried out of
management and control systems in order to make the best
possible use of control resources and to avoid unjustified
duplication of work.

2. Member States shall submit to the Commission, together
with their draft multiannual programme, a description of the
organisation and procedures of
the responsible authorities,
delegated authorities and certifying authorities, and the internal
audit systems operating in those authorities and bodies, the audit
authority, and any other bodies carrying out audits under its
responsibility.

this
3. The Commission shall
provision in the context of the preparation of the report set
out in Article 50(3).

review the application of

Article 33

Responsibilities of the Commission

1. The Commission shall satisfy itself in accordance with the
procedure laid down in Article 32 that the Member States have
set up management and control systems that comply with
Articles 24 to 30, and on the basis of the annual audit reports
and its own audits, that the systems function effectively during
the programming period.

2. Without prejudice to audits carried out by Member States,
Commission officials or authorised Commission representatives
to verify the effective
may carry out on-the-spot checks
functioning of the management and control systems, which
may include audits of actions included in the annual pro-
three working days' notice.
grammes, with a minimum of
Officials or authorised representatives of
the Member State
concerned may take part in such audits.

3. The Commission may require a Member State to carry out
on-the-spot checks to verify the correct
the
the correctness of one or more transactions.
systems or
Commission officials or authorised Commission representatives
may take part in such checks.

functioning of

in cooperation with the Member
4. The Commission shall,
States, ensure that appropriate information, publicity and follow-
up are provided for actions supported by the Fund.

in cooperation with the Member
5. The Commission shall,
States, ensure that actions are consistent with, and complemen-
tary to, other relevant Community policies,
instruments and
initiatives.

The Commission shall provide its comments on the audit
strategy presented under Article 30 within not more than three
months of its receipt.

2.
In determining its own audit strategy, the Commission shall
identify those annual programmes which it considers satisfactory
on the basis of its existing knowledge of the management and
control systems.

For those programmes, the Commission may conclude that it
can rely principally on the audit evidence provided by the
Member States and that it will carry out its own on-the-spot
checks only if there is evidence to suggest shortcomings in the
systems.

CHAPTER VII

FINANCIAL MANAGEMENT

Article 35

Eligibility — declarations of expenditure

1. All declarations of expenditure shall include the amount of
expenditure incurred by final beneficiaries in implementing the
actions and the corresponding contribution from public or
private funds.

Expenditure shall correspond to the payments effected by
2.
the final beneficiaries. It shall be justified by receipted invoices or
accounting documents of equivalent evidential value.

Expenditure may be considered eligible for support from the
3.
Fund only if it is actually paid no earlier than 1 January of the
year referred to in the financing decision approving the annual
programme referred to in the third subparagraph of Article 20
(5). The co-financed actions must not have been completed
before the starting date for eligibility.

4. The rules governing eligibility of expenditure within the
framework of implemented actions co-financed by the Fund in
the Member States under Article 3 shall be adopted in
accordance with the procedure referred to in Article 52(2).

Article 36

6. The Commission shall lay down guidelines to ensure the
visibility of the funding granted under this Decision.

Completeness of payment to final beneficiaries

Article 34

Cooperation with the audit authorities of the Member
States

1. The Commission shall cooperate with the audit authorities
to coordinate their respective audit plans and methods and shall

Member States shall satisfy themselves that
the responsible
authority ensures that the final beneficiaries receive the total
amount of the contribution from public funds as quickly as
possible. No amounts shall be deducted or withheld, nor shall
any further specific charge or other charge with equivalent effect
be levied that would reduce these amounts for
the final
beneficiaries, provided that the final beneficiaries meet all the
requirements regarding the eligibility of actions and expenses.

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Article 37

Use of the euro

1. Amounts set out
in the draft multiannual and annual
programmes of the Member States referred to in Articles 18
and 20 respectively, certified declarations of expenditure,
requests for payments referred to in Article 27(1)(n), expenditure
mentioned in the progress report on the implementation of the
annual programme referred to in Article 39(4) and the final
report on the implementation of the annual programme referred
to in Article 51 shall be denominated in euros.

2. Commission financing decisions approving the annual
referred to in the third
programmes of Member States
subparagraph of Article 20(5), Commission commitments and
Commission payments shall be denominated and carried out in
euros.

3. Member States which have not adopted the euro as their
currency on the date of the request for payment shall convert
into euros the amounts of expenditure incurred in national
currency. This amount shall be converted into euros using the
monthly accounting exchange rate of the Commission for the
month during which the expenditure was entered in the accounts
of the responsible authority of the programme concerned. This
rate shall be published electronically by the Commission each
month.

4. When the euro becomes the currency of a Member State, the
conversion procedure set out in paragraph 3 shall continue to
apply to all expenditure recorded in the accounts by the
certifying authority before the date of entry into force of the
fixed conversion rate between the national currency and the
euro.

Article 38

Commitments

Community budgetary commitments shall be made annually on
the basis of the Commission financing decision approving the
annual programme referred to in the third subparagraph of
Article 20(5).

Article 39

Payments — Pre-financing

1.
Payments by the Commission of the contribution from the
Fund shall be made in accordance with the budget commitments.

2.
Payments shall take the form of pre-financing and payment
of the balance. They shall be made to the responsible authority
designated by the Member State.

3. A first pre-financing payment representing 50 % of the
amount allocated in the financing decision approving the annual
programme shall be made to the Member State within sixty days
following the adoption of that decision.

4. A second pre-financing payment shall be made no more
than three months after the Commission has approved, within
two months of the formal submission of a request for payment
by a Member State, a progress report on the implementation of
the annual programme and a certified declaration of expenditure

drawn up in accordance with Article 29(1)(a) and Article 35
accounting for at
the initial
payment.

the amount of

least 60 % of

The amount of the second pre-financing payment made by the
Commission shall not exceed 50 % of the total amount allocated
by the financing decision approving the annual programme and,
in any event, where a Member State has committed nationally an
amount less than the amount indicated in the financing decision
approving the annual programme, the balance of the amount of
Community funds actually committed by the Member State for
selected projects under the annual programme minus the first
pre-financing payment.

5. Any interest generated by pre-financing payments shall be
posted to the annual programme concerned, being regarded as a
resource for the Member State as national public contribution
and shall be declared to the Commission at the time of the
declaration of expenditure relating to the final report on the
implementation of the annual programme concerned.

6. The amounts paid as pre-financing shall be cleared from the
accounts when the annual programme is closed.

Article 40

Payment of balance

1. The Commission shall pay the balance provided it has
received the following documents no later than nine months
after the eligibility deadline for expenditure laid down in the
financing decision approving the annual programme:

(a)

(b)

(c)

a certified declaration of expenditure, duly drawn up in
accordance with Article 29(1)(a) and Article 35, and a
the balance or statement of
request
reimbursement;

for payment of

the final report on the implementation of
programme as set out in Article 51;

the annual

the annual audit report, opinion and declaration provided
for in Article 30(3).

The payment of the balance shall be subject to the acceptance of
the final report on the implementation of the annual programme
and of the declaration assessing the validity of the request for
payment of the balance.

2.
If the responsible authority fails to provide the documents
required in paragraph 1 by the due date and in an acceptable
format, the Commission shall decommit any part of the budget
commitment of the corresponding annual programme that has
not been used for payment of the pre-financing.

3. The automatic cancellation procedure defined in paragraph 2
shall be suspended, for the amount of the projects concerned,
where legal proceedings or administrative appeals having
suspensive effects are under way at Member State level when
the documents defined in paragraph 1 are submitted. The
Member State shall, in the final report submitted, give detailed
information on such projects, and send reports on progress
made with regard to these projects every six months. Within

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three months of the conclusion of the legal proceedings or
administrative appeal procedure, the Member State shall present
the documents
the projects
concerned.

required in paragraph 1 for

4. The nine-month period referred to in paragraph 1 shall
cease to run if the Commission adopts a decision suspending
payments of the co-financing for the relevant annual programme
in accordance with Article 42. The period shall start to run again
from the date when the Commission decision referred to in
Article 42(3) has been notified to the Member State.

5. Without prejudice to Article 41, the Commission shall,
within six months of receiving the documents referred to in
paragraph 1 of this Article, inform the Member State of the
amount of expenditure recognised by the Commission as
chargeable to the Fund, and of any financial corrections deriving
from the difference between declared expenditure and the
expenditure recognised. The Member State shall have three
months to present its comments.

6. Within three months of
receiving the Member State's
comments, the Commission shall decide on the amount of
expenditure recognised as chargeable to the Fund, and recover
the balance arising from the difference between the final
recognised expenditure and the sums already paid to that
Member State.

7.
Subject to available funding, the Commission shall pay the
balance within no more than sixty days from the date on which it
accepts the documents referred to in paragraph 1. The balance of
the budgetary commitment shall be decommitted within six
months following the payment.

Article 41

Withholding of payments

procedure for certification of payments and for which
corrective measures have not been taken; or

(b)

expenditure in a certified declaration of expenditure is
linked to a serious irregularity which has not been
corrected; or

(c)

a Member State has not complied with its obligations under
Articles 31 and 32.

2. The Commission may decide to suspend pre-financing and
payments of the balance after having given the Member State the
opportunity to present
its observations within a period of
three months.

3. The Commission shall end suspension of pre-financing and
payments of the balance when it considers that the Member State
has taken the necessary measures to enable the suspension to be
lifted.

4.
If the necessary measures are not taken by the Member State,
the Commission may adopt a decision to cancel all or part of the
Community contribution to the annual programme in accord-
ance with Article 46.

Article 43

Conservation of documents

Without prejudice to the rules governing State aid under
Article 87 of the Treaty, the responsible authority shall ensure
that all the supporting documents regarding expenditure and
audits on the programmes concerned are kept available for the
Commission and the Court of Auditors for a period of five years
following the closure of the programmes in accordance with
Article 40(1).

1. The payment shall be withheld by the authorising officer by
delegation within the meaning of the Financial Regulation for a
maximum period of six months if:

This period shall be interrupted either in the case of
proceedings or at
the duly substantiated request of
Commission.

legal
the

(a)

(b)

in a report of a national or Community audit body there is
evidence
significant deficiency in the
functioning of the management and control systems;

to suggest

a

The documents shall be kept either in the form of the originals
or in versions certified to be in conformity with the originals on
commonly accepted data carriers.

to carry out additional verifications
that officer has
following information coming to his notice which alerted
him that
certified declaration of
in a
expenditure is linked to a serious irregularity which has
not been corrected.

expenditure

CHAPTER VIII

FINANCIAL CORRECTIONS

Article 44

Financial corrections by Member States

2. The Member State and the responsible authority shall be
informed immediately of the reasons for the payment being
withheld. The payment shall be withheld until the necessary
measures are taken by the Member State.

Article 42

Suspension of payments

1. All or part of the pre-financing and payments of the balance
may be suspended by the Commission when:

shall

1. Member States
the
in the
responsibility for investigating irregularities, acting upon evi-
dence of any major change affecting the nature or the conditions
for the implementation or control of programmes and making
the required financial corrections.

instance bear

first

2. Member States shall make the financial corrections required
in connection with the individual or systemic irregularities
detected in actions or annual programmes.

(a)

there is a serious deficiency in the management and control
system of the programme which affects the reliability of the

Corrections made by the Member States
shall consist
in
the
cancelling, and if applicable, recovering all or part of
Community contribution. Where the amount is not repaid in the

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time allowed by the relevant Member State, default interest shall
be due at the rate provided for in Article 47(2). Member States
shall take into account the nature and gravity of the irregularities
and the financial loss to the Fund.

(c)

a Member State has not complied with its obligations under
Article 31 prior to the opening of the correction procedure
under this paragraph.

3.
In the event of systemic irregularities the relevant Member
State shall extend its enquiries to cover all operations liable to be
affected.

include in the final report on the
4. Member States shall
implementation of
the annual programme referred to in
Article 51 a list of cancellation procedures initiated for the
annual programme concerned.

Article 45

Audit of accounts and financial corrections by the
Commission

1. 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, Com-
mission officials or authorised Commission representatives may
carry out on-the-spot checks, including sample checks, on the
actions financed by the Fund and on management and control
systems with a minimum of three working days' notice. The
Commission shall give notice to the Member State concerned
with a view to obtaining all the assistance necessary. Officials or
authorised representatives 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 accuracy of one or
more transactions. Commission officials or authorised Commis-
sion representatives may take part in such checks.

If, after completing the necessary verifications, the Commis-
2.
sion concludes that a Member State is not complying with its
obligations under Article 31, it shall suspend the pre-financing
or payment of the balance in accordance with Article 42.

Article 46

Criteria for the corrections

1. The Commission may make financial corrections by
cancelling all or part of the Community contribution to an
annual programme where, after carrying out
the necessary
examination, it concludes that:

(a)

(b)

there is a serious deficiency in the management and control
system of
the programme which has put at risk the
Community contribution already paid to the programme;

contained in a

expenditure
certified declaration of
expenditure is irregular and has not been corrected by the
the correction
Member State prior to the opening of
procedure under this paragraph;

The Commission shall decide after having taken into account any
comments made by the Member State.

2. The Commission shall base its financial corrections on
individual cases of irregularity identified, taking account of the
systemic nature of the irregularity to determine whether a flat-
rate or extrapolated correction should be applied. Where the
irregularity relates to a declaration of expenditure for which a
reasonable assurance had previously been given by the audit
authority in accordance with Article 30(3)(b), there will be a
presumption of a systemic problem giving rise to the application
of a flat-rate or extrapolated correction, unless the Member State
can provide proof within three months to rebut this presump-
tion.

3. The Commission shall, when deciding the amount of a
correction, take account of the importance of the irregularity and
the extent and financial implications of the deficiencies found in
the annual programme concerned.

4. Where the Commission bases its position on the facts
established by auditors other than those of its own services, it
shall draw its own conclusions
financial
consequences, after examining the measures taken by the
the reports of
Member State concerned under Article 32,
notified irregularities and any replies from the Member State.

regarding the

Article 47

Repayment

1. Any repayment due to be made to the general budget of the
European Union shall be effected before the due date indicated in
the order for recovery drawn up in accordance with Article 72 of
the Financial Regulation. This due date shall be the last day of the
second month following the issuing of the order.

2. Any delay in effecting repayment shall give rise to interest on
account of late payment, starting on the due date and ending on
the date of actual payment. The rate of such interest shall be the
rate applied by the European Central Bank to its principal
refinancing operations, as published in the C series of the Official
Journal of the European Union, in force on the first calendar day
of the month in which the due date falls, increased by three and a
half percentage points.

Article 48

Obligations of Member States

A financial correction by the Commission shall not prejudice the
Member State's obligation to pursue recoveries under Article 44.

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CHAPTER IX

MONITORING, EVALUATION AND REPORTS

Article 49

Monitoring and evaluation

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

2. The Fund shall be evaluated by the Commission in
partnership with the Member States to assess the relevance,
effectiveness and impact of actions in the light of the general
objective referred to in Article 2 in the context of the preparation
for the reports set out in Article 50(3).

3. The Commission shall also consider the complementarity
between the actions implemented under the Fund and those
pursued under other relevant Community policies, instruments
and initiatives.

Article 50

Reporting obligations

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 the implementation of the actions
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, which shall be the
basis for, respectively, the progress and final reports on the
implementation of the annual programme.

(b)

the progress made in implementing the multiannual
programme and its priorities in relation to its specific,
verifiable targets, with a quantification, wherever and
whenever they lend themselves to quantification, of the
indicators;

(c)

the steps taken by the responsible authority to ensure the
quality and effectiveness of implementation, in particular:

(i) monitoring and evaluation measures, including data

collection arrangements,

(ii)

a summary of any significant problems encountered
in implementing the operational programme and any
measures taken,

(iii)

the use made of technical assistance;

(d)

the measures taken to provide information on and make
public the annual and multiannual programmes.

2. The report shall be judged acceptable where it contains all
the information listed in paragraph 1. The Commission shall
reach a decision on the content of the report submitted by the
responsible authority within two months of having received all
the information referred to in paragraph 1, which shall be
acknowledged to the Member States. If the Commission does not
respond within the time limit laid down, the report shall be
deemed to be accepted.

CHAPTER X

FINAL PROVISIONS

Article 52

Committee

2. The Member States shall submit to the Commission by
30 June 2012 for the period 2008 to 2010 and by 30 June 2015
for the period 2011 to 2013 respectively, an evaluation report
on the results and impact of actions co-financed by the Fund.

1. The Commission shall be assisted by the
common
Committee ‘Solidarity and Management of Migration flows’,
established by Decision No 574/2007/EC.

3. The Commission shall submit to the European Parliament,
the Council, the European Economic and Social Committee and
the Committee of the Regions by 31 December 2012 for the
period 2008 to 2010 and by 31 December 2015 for the
period 2011 to 2013 respectively, an ex-post evaluation report.

Article 51

Final report on the implementation of the annual
programme

the annual
1. The final report on the implementation of
programme shall include the following information in order to
obtain a clear view of the implementation of the programme:

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.

3. Where reference is made to this paragraph, Article 5a(1) to
(4) and (5)(b) and Article 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.

The time-limits laid down in Article 5a(3)(c), (4)(b) and (4)(e) of
Decision 1999/468/EC shall be set at six weeks.

Article 53

Review

(a)

the financial and operational implementation of the annual
programme;

The European Parliament and the Council shall review this
Decision on the basis of a proposal from the Commission by
30 June 2013.

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Article 54

Transitional provisions

aspects of implementation of the Fund for the period 2005 to
2007.

1. This Decision shall not affect the continuation or modifica-
including the total or partial cancellation, of assistance
tion,
approved by the Commission on the basis of Decision 2004/
904/EC, or any other legislation which applies to that assistance
on 31 December 2007.

2. When adopting decisions on co-financing under this Fund,
the Commission shall take account of measures adopted on the
basis of Decision 2004/904/EC before 7 June 2007 which have
financial repercussions during the period covered by that co-
financing.

3.
Sums committed for co-financing approved by the Commis-
sion between 1 January 2005 and 31 December 2007 for which
the documents required for closure of the programmes have not
been sent to the Commission by the deadline for submitting the
final
automatically decommitted by the
Commission by 31 December 2010, giving rise to the repayment
of amounts unduly paid.

shall be

report

Amounts relating to operations or programmes which have been
suspended due to legal proceedings or administrative appeals
having suspensory effect shall be disregarded in calculating the
amount to be automatically decommitted.

4. Member States shall submit to the Commission by 30 June
2009 an evaluation report on the results and impacts of actions
co-financed by the Fund concerning the period 2005 to 2007.

Article 55

Repeal

Decision 2004/904/EC shall be repealed with effect
1 January 2008.

from

Article 56

Entry into force and application

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

This Decision shall apply from 1 January 2008, with the
exception of Articles 13, 17, 18, 20, 23 and 25, Article 31(2),
Article 31(5), Article 32, Article 35(4) and Article 52 which shall
apply from 7 June 2007.

Article 57

Addressees

This Decision is addressed to the Member States in accordance
with the Treaty establishing the European Community.

Done at Brussels, 23 May 2007.

5. The Commission shall submit to the European Parliament,
the Council, the European Economic and Social Committee and
the Committee of the Regions by 31 December 2009, a report
on the results achieved and on qualitative and quantitative

For the European Parliament

For the Council

The President

H.-G. PÖTTERING

The President

G. GLOSER