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 to 2013 as part of the General Programme Solidarity and Management of Migration Flows
Date: 2007-05-23
Institutions: Council of the European Union, European Parliament
Subjects: EU Member State, EU migration policy, EU programme, cooperation policy, financial management, financing, fund (EU), human rights, migratory movement, third country

6.6.2007

EN

Official Journal of the European Union

L 144/45

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 to 2013 as part of the General
Programme ‘Solidarity and Management of Migration Flows’

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 63(2)(b) and 63(3)(b) thereof,

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.

illegal

(3) An effective Community return policy is a necessary
complement to a credible legal immigration and asylum
policy as well as an important component in the fight
against
immigration. Considerable budgets are
earmarked by Member States with a view to implementing
return programmes and forced return operations. Common
action of the European Union in this field, backed with
appropriate financial means from the Community, could
support Member States, underline the necessity of
the
return of
illegal residents and contribute to enhanced
solidarity among Member States.

(4) On 28 February 2002, the Council adopted the Compre-
hensive Plan to combat illegal immigration and trafficking
of human beings in the European Union (4) in which it

(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.

(4) OJ C 142, 14.6.2002, p. 23.

stressed that re-admission and return policy constitutes an
integral and vital component in the fight against illegal
immigration and identified two elements on which a
Community return policy should be based, namely
common principles and common measures, within the
framework of
cooperation
between Member States.

administrative

improving

(5)

(6)

(7)

(8)

(9)

The Council's Return Action Programme of 28 November
2002, based on the Commission's Communication of
14 October 2002 on a Community return policy on illegal
residents, addresses the entire chain of action with respect
to return management in Member States, covering both
forced and voluntary return of third-country nationals as
well as the central stages of return, including preparation
and follow-up.

The European Council, at its meeting in Thessaloniki on 19
and 20 June 2003, called on the Commission to examine
all aspects relating to a separate Community instrument on
return in order to support, in particular the priorities as set
out in the Return Action Programme.

a

The Council Conclusions on the priorities for the successful
development of
common re-admission policy of
2 November 2004 emphasise that Community re-admis-
sion agreements make an important contribution to an
effective joint migration management and play a valuable
role in the fight against illegal immigration. They are an
important element in the framework of the dialogue and
cooperation between the European Union and the countries
of origin, former residence and transit of illegal immigrants.

Following the Conclusions of 8 June 2004 in which the
Council called on the budgetary authority to make
preparatory actions available and invited the Commission
to take into account
its view on the development of
integrated return plans in close cooperation with Member
States, preparatory actions were initiated for the period
2005 and 2006.

The European Council, at its meeting in Brussels on 4 and
5 November 2004, called in ‘The Hague Programme’ for
launching the preparatory phase of a European Return
Fund (hereinafter
‘the Fund’) and the
establishment of the Fund by 2007, taking into account
the evaluation of the preparatory phase.

referred to as

L 144/46

EN

Official Journal of the European Union

6.6.2007

(10)

took note of

the
In November 2004 the Council
Presidency's report on an analysis of reported best practices
of return to specific countries. The report stated ample
possibilities and a need for more practical cooperation
between Member States in the practice of return. The report
indicated possibilities for a more integrated approach, on
both national and Community level, of return policy as well
as general policies. Also, the report identified best practices
by Member States regarding the voluntary or forced return
of third-country nationals to their country of origin or
transit, such as the promotion of Assisted Voluntary Return
Programmes for sustainable return, return counselling, and
the organisation of
including
charter flights.

return operations,

joint

(11)

It
is necessary to endow the Community with an
instrument designed to support and encourage the efforts
made by the Member States to improve the management of
return in all its dimensions, on the basis of the principle of
integrated return management, and with a view to
supporting a fair and effective implementation of common
standards on return, as established under Community
legislation on return.

(12) No funding should be provided for in 2007 under this
Decision, in order to be able to take into account the results
of preparatory actions on return in 2005 and 2006, on the
basis of a report by the Commission on the evaluation of
the preparatory actions.

(13) The common standards concerned are in particular Council
Directive 2001/40/EC of 28 May 2001 on the mutual
recognition of decisions on the expulsion of third-country
nationals (1) and its corollary, Council Decision 2004/191/
the criteria and
EC of 23 February 2004 setting out
practical arrangements
the
imbalances resulting from the application of
financial
recognition of
Directive 2001/40/EC on the mutual
decisions on expulsion of third-country nationals (2), and
Council Decision 2004/573/EC of 29 April 2004 on the
organisation of joint flights for removals from the territory
of two or more Member States, of third-country nationals
who are subjects of individual removal orders (3).

the compensation of

for

(14) This concerns also future Community instruments, such as
an instrument on common standards on procedures in
Member States for returning illegally staying third-country
nationals, which should create a level playing field in the
European Union on return procedures and would therefore
define conditions for and the margin within which Member
States take return measures.

Protection of Human Rights and Fundamental Freedoms
(the European Convention on Human Rights), the Charter
of Fundamental Rights of the European Union, the Geneva
Convention relating to the Status of Refugees of 28 July
1951 as supplemented by the New York Protocol of
31 January 1967, and other relevant international instru-
ments, such as the 1989 United Nations Convention on the
Rights of the Child, where applicable.

(16) Bearing in mind that collective expulsion is prohibited
under Protocol 4 to the European Convention on Human
Rights, only persons who are the subject of individual
removal orders
return
should be returned via joint
operations eligible for funding under this Decision.

(17)

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.

(18) As stated in the Return Action Programme, approved by the
Council on 28 November 2002, and constantly reaffirmed
in the European Union instruments in this area, such as in
particular the Council Conclusions on voluntary return
of 2 November 2005, voluntary return is an important
and sustainable
component of a balanced,
approach to the return.

effective

(19) Eligible actions within the scope of the integrated manage-
ment of return should take account of the specific situation
of vulnerable persons.

(20) To enhance efficiency in return management at national
level,
the Fund should also cover actions relating to
voluntary return of persons who are not under an
obligation to leave the territory, such as applicants for
asylum who have not yet received a negative decision, or
persons enjoying a form of international protection within
the meaning of 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 (4), or
persons enjoying temporary protection within the meaning
of Council Directive 2001/55/EC of 20 July 2001 on
minimum standards for giving temporary protection in the
event of a mass influx of displaced persons and on
measures promoting a balance of efforts between Member
States in receiving such persons and bearing the con-
sequences thereof (5).

(15) Member States should ensure that actions under the Fund
respect the obligations derived from fundamental rights,
laid down in particular in the European Convention for the

(21) A primary objective of

this Decision should be the
promotion of integrated return management at national
level. Member States are encouraged to implement return
operations in the light of integrated return action plans,
which analyse the situation in the Member State with

(1) OJ L 149, 2.6.2001, p. 34.
(2) OJ L 60, 27.2.2004, p. 55.
(3) OJ L 261, 6.8.2004, p. 28.

(4) OJ L 304, 30.9.2004, p. 12.
(5) OJ L 212, 7.8.2001, p. 12.

6.6.2007

EN

Official Journal of the European Union

L 144/47

stakeholders,

respect to the targeted population, set targets with respect
to the operations envisaged and,
in cooperation with
relevant
such as United Nations High
Commissioner for Refugees (UNHCR) and the International
Organisation for Migration (IOM), offer return schemes
focusing on effective and sustainable returns through
various measures. Where appropriate,
integrated return
plans should be regularly assessed and adjusted.

(22) To promote the voluntary return of persons, in particular
persons who are under no obligation to leave the territory,
provision should be made for incentives for such returnees,
such as preferential treatment by providing enhanced return
assistance. This kind of voluntary return is both in the
interests of a dignified return of returnees, as well as of the
authorities in terms of cost-effectiveness. Member States
should be encouraged to give preference to voluntary
return.

(23) However,

from a policy point of view, voluntary and
enforced return are interlinked and have a mutually
reinforcing effect and Member States should be encouraged
in their return management to reinforce the complemen-
tarity of the two forms. There is an obvious need to carry
out forced returns in order to safeguard the integrity of the
immigration and asylum policy of the European Union and
the immigration and asylum systems of the Member States.
Thus the possibility of forced return is a prerequisite for
ensuring that
this policy is not undermined and for
enforcing the rule of law, which itself is essential to the
creation of an area of freedom, security and justice. This
Decision should therefore support actions of Member States
to facilitate enforced return.

(24) Moreover,

the major obstacles experienced by Member
States in the field of return often occur in relation to forced
returns. One important obstacle is uncertainty concerning
the identity of the person concerned and/or his or her lack
of the necessary travel documents. In order to overcome
such problems, Member States should be encouraged to
improve the cooperation with consular services of third
countries and to increase the exchange of information and
operational cooperation among themselves as regards the
cooperation with such services.

(25)

It is also imperative for this Decision to support, in those
it appropriate, specific
Member States which consider
measures for returnees in the country of return in order
first to ensure effective return to their town or region of
origin under good conditions and second to enhance their
durable reintegration in their community. Such measures
should not consist of assistance to the third country as such
and should only be eligible for funding when and insofar as
there is a necessary continuation with activities initiated and
in the main carried out in the territory of the Member
States under an integrated return plan.

(27) This Decision is designed to form part of a coherent
framework which also includes 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’ (1), Deci-
sion 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 to 2013 as part of the
General programme ‘Solidarity and Management of Migra-
tion Flows’ (2) and Council Decision 2007/.../EC of
...
establishing the European Fund for the Integration of Third-
country Nationals for the period 2007 to 2013 as part of
the General programme ‘Solidarity and Management of
Migration Flows’ (3), 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.

for organising joint

(28) The European Agency for the Management of Operational
Cooperation at the External Borders of the Member States
of the European Union, established in accordance with
Council Regulation (EC) No 2007/2004 (4)
(hereinafter
referred to as ‘the Agency’), has as one of its tasks to provide
the necessary assistance
return
operations by Member States and identify best practices
on the acquisition of travel documents and the removal of
third-country nationals illegally present in the territories of
the Member States. Accordingly, the Agency should ensure
that the conditions for an effective coordinated return effort
between Member States are met, whilst
leaving the
return
implementation and organisation of
operations to the competent national services. Therefore,
the Agency should be able to use resources made available
by Community actions in this Decision.

the joint

(29) The support provided by the Fund would be more efficient
and better targeted if co-financing of eligible actions were
based on strategic multiannual programming, drawn up by
each Member State in dialogue with the Commission.

(30) On the basis of

strategic guidelines adopted by the
Commission, each Member State should prepare a multi-
annual programming document taking into account its
specific situation and needs and setting out its development
strategy that should constitute the framework for the
implementation of the actions to be listed in the annual
programmes.

(26) Moreover, those measures should be in synergy with the
actions supported by the Community instruments on
external assistance, in particular the thematic programme
on asylum and migration.

(1) See page 1 of this Official Journal.
(2) See page 22 of this Official Journal.
(3) Not yet published in the Official Journal.
(4) OJ L 349, 25.11.2004, p. 1.

L 144/48

EN

Official Journal of the European Union

6.6.2007

(31)

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 (1) (hereinafter referred to as ‘the Financial
Regulation’), the conditions allowing the Commission to
exercise its responsibilities for
the
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

(32) The Commission should establish the indicative breakdown
of available commitment appropriations using an objective
and transparent method.

(33) Member States

should adopt adequate measures

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

(34)

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.

(35) 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 the efficient and correct
implementation of
their multiannual and annual pro-
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.

(36) 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.

(37) 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.

(38) 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.

(39) 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.

(40) 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
budgetary procedure, within the meaning of point 37 of
the Interinstitutional Agreement of 17 May 2006 between
the European Parliament, the Council and the Commission
on budgetary discipline and sound financial manage-
ment (2).

(41) Since the objective of this Decision, namely to promote the
return of illegally staying third-country nationals within the
framework of common standards and the principle of
integrated return management, 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 in order to achieve this
objective.

(42) 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
implementing powers
the exercise of
procedures
conferred on the Commission (3).

for

(43) 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

(44)

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

(45)

In accordance with Article 3 of the Protocol on the position
of the United Kingdom and Ireland, annexed to the Treaty

(1) 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).

(2) OJ C 139, 14.6.2006, p. 1.
(3) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/

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

6.6.2007

EN

Official Journal of the European Union

L 144/49

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.

(46)

(47)

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.

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 Article 62(1), (2)(a) and (3) and
Articles 63(2)(b) and (3)(b) of the Treaty,

that Treaty (1)

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 Return Fund (hereinafter
referred to as ‘the Fund’) as part of a coherent framework, which
also includes Decision No 573/2007/EC, Decision No 574/
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.

Article 2

General objective of the Fund

1. The general objective of the Fund shall be to support the
efforts made by the Member States to improve the management
of return in all its dimensions through the use of the concept of
integrated management and by providing for joint actions to be
implemented by Member States or national actions that pursue
Community objectives under the principle of solidarity, taking

account of Community legislation in this field and in full
compliance with fundamental rights.

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

the Member States or

Article 3

Specific objectives

1. The Fund shall contribute to achieving the following specific
objectives:

(a)

(b)

(c)

the introduction and improvement of the organisation and
implementation of
integrated return management by
Member States;

the enhancement of
the cooperation between Member
States within the framework of integrated return manage-
ment and its implementation;

the promotion of an effective and uniform application of
common standards on return in line with policy develop-
ments in this field.

2.
Integrated return management shall include, in particular,
the development and implementation, by the competent
authorities of the Member States, of integrated return plans
which:

(a)

(b)

(c)

(d)

are based on a comprehensive assessment of the situation
in the Member State with respect to the targeted population
or a targeted specific issue concerning return and the
challenges with respect to the operations envisaged (such as
those related to obtaining travel documents and other
practical obstacles to return), taking into account, where
appropriate,
the relevant caseload. The comprehensive
assessment shall be drawn up in cooperation with all
relevant authorities and partners;

aim to achieve a wide set of measures encouraging
in
voluntary return schemes of third-country nationals,
particular for those who do not or no longer fulfil the
conditions for entry and stay on its territories and, where
necessary, implementing enforced return operations with
respect to such persons, in full compliance with humani-
tarian principles and respect for their dignity;

include a plan and/or time table and, where appropriate,
provide for a periodic evaluation mechanism allowing for
adjustment of the plan and assessment of the impact of the
plan in practice; and

include, where Member States consider it appropriate,
measures to facilitate cooperation between the competent
administrative, law enforcement and judicial bodies, where
appropriate at different levels of government.

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

3.
and sustainable returns

Integrated Return Plans shall focus in particular on effective
through such actions as efficient

L 144/50

EN

Official Journal of the European Union

6.6.2007

information at pre-departure stage, travel arrangements, transit
in the country of return for both voluntary and enforced return.
As far as possible, incentives for voluntary returnees, such as
return assistance, may be provided for in order to promote
voluntary return.

services of third countries, to facilitate consular assistance
in obtaining travel documents for the return of third-
country nationals and ensuring speedy and successful
removals;

(a)

(b)

(c)

(d)

(e)

Where Member States consider it appropriate, they may include
the provision of reception and reintegration support.

Article 4

Eligible actions in the Member States

1. Actions relating to the objective laid down in Article 3(1)(a),
and in particular the following, shall be eligible for support from
the Fund:

the establishment or improvement of an effective, stable
and lasting operational cooperation of Member States'
authorities with consular authorities and immigration
services of third countries, with a view to obtaining travel
documents for the return of third-country nationals and
ensuring speedy and successful removals;

the promotion of ways and means to provide information
on return as early as possible in asylum and immigration
procedures and to encourage individually third-country
nationals to make use of the possibility of voluntary return;

(c)

(d)

design of joint integrated return plans and their imple-
mentation,
including joint voluntary return programmes
on specific countries or regions of origin, former residence
or transit;

situation and possibilities

studies on the current
for
enhancing administrative cooperation among Member
States in the field of return as well as on the role of
international and non-governmental organisations to be
played in this context;

(e)

exchange of information and best practices, support and
advice in dealing with the return of particularly vulnerable
groups;

(f)

organisation of seminars for practitioners on best practices,
focusing on specific third countries and/or regions;

(g)

joint measures enabling the reception of readmitted persons
in countries of origin, former residence or transit;

(h)

joint development of actions to ensure sustainable return of
persons to the country of origin or former residence.

the facilitation of voluntary returns of
third-country
nationals, in particular through assisted voluntary return
programmes, with a view to ensuring the effectiveness and
sustainability of returns;

3. Actions relating to the objective laid down in Article 3(1)(c),
and in particular the following, shall be eligible for support from
the Fund:

regional,

developing modes of cooperation between different levels
of national,
local, urban and other public
authorities enabling officials to swiftly gain information
on return experiences and practices elsewhere and, when
possible, to pool resources;

the simplification and implementation of enforced returns
of third-country nationals who do not or no longer fulfil
the conditions for entry and stay, with a view to enhancing
the credibility and integrity of immigration policies and
reducing the period of custody of persons waiting for
forced removal.

2. Actions relating to the objective laid down in Article 3(1)(b),
and in particular the following, shall be eligible for support from
the Fund:

(a)

(b)

cooperation in the gathering and provision to potential
returnees of information on the country of origin, former
residence or transit;

cooperation in developing effective, stable and lasting
operational working relationships between Member States'
authorities and consular authorities and immigration

(a)

enhancement of the capacity of competent authorities to
take high quality return decisions as quickly as possible;

(b)

enhancement of the capacity of competent administrative
authorities to implement or enforce speedily removal
decisions with full respect for human dignity and the
regarding such
relevant European security standards
operations;

(c)

enhancement of the capacity of judicial bodies to more
quickly assess return decisions appealed;

(d)

(e)

organisation of seminars and joint training for the staff of
the competent national, regional, local, urban and other
competent administrative,
law enforcement and judicial
bodies concerning legal and practical aspects of return
operations;

enhancement of the capacity of competent administrative
authorities to effectively implement common arrangements
return operations,
on mutual
including the recommendations, operational
standards
and best practices defined by the Agency in the area of
return.

recognition and joint

6.6.2007

EN

Official Journal of the European Union

L 144/51

4. Actions provided for by paragraphs 1, 2 and 3 shall, in
particular, promote the implementation of the provisions of the
relevant Community legislation in the field of the common
European immigration and return policy.

under international instruments affecting the treatment of
returnees, and enhance cooperation, as well as missions to
assess the results of return policies in third countries;

Article 5

Eligible measures in the Member States

Actions supported may include the following measures:

(1)

(2)

(3)

(4)

(5)

in all cases of return, information to third-country nationals
on return in general, counselling to individuals on the
possibilities for voluntary return, translation costs, procure-
ment of indispensable travel documents, costs of necessary
pre-return medical checks, costs of travel and food for
returnees and escorts,
including medical staff and inter-
preters, accommodation for escorts including medical staff
and interpreters, costs of transport in the Member State and
up to the country of return and cooperation with the
authorities of the country of origin, former residence or
transit;

in all cases of return, specific assistance for vulnerable
persons such as minors, unaccompanied minors, disabled
people, elderly people, pregnant women, single parents
with minor children, and persons who have been subjected
to torture, rape or other serious forms of psychological,
physical or sexual violence;

additionally, in the case of forced return of third-country
nationals who do not or no longer fulfil the conditions for
food and temporary
entry and stay, costs for
accommodation of returnees and their escorts from the
participating Member State in the organising Member State
prior the departure in case of joint return operations;

travel,

additionally, in the case of voluntary return of third-country
nationals who do not or no longer fulfil the conditions for
entry and stay, assistance to returnees in preparing the
return, as well as essential expenses before return;

additionally, in the case of voluntary return of third-country
nationals who are not under an obligation to leave the
territory of the Member States and in other cases, where
considered appropriate by Member States, limited financial
contribution for initial expenses after return, transport of
the returnee's personal belongings, adequate temporary
in the
accommodation for the first days after arrival
country of return in a reception centre or a hotel
if
necessary, training and employment assistance and limited
start-up support for economic activities where appropriate;

(6)

education and training of staff of the competent adminis-
trative, law enforcement and judicial bodies, secondments
of these categories of staff from other Member States, in
order to ensure an effective and uniform application of
common standards on return and the respect of obligations

(7)

(8)

(9)

in the case of operational cooperation with consular
authorities and immigration services of
third countries
with a view to obtaining travel documents and ensuring
speedy removal procedures, cost of travel and accommoda-
tion in the Member States for the staff of the authorities and
services responsible for the identification of third-country
nationals and the verification of their travel documents;

in the case of reintegration measures for third-country
nationals who are not under an obligation to leave the
territory of a Member State, cash incentives and other short
term measures necessary to launch the progress of
reintegration for the returnee's personal development such
as training, placement and employment assistance, start-up
support for economic activities and post-return assistance
and counselling;

in the case of reintegration measures for third-country
nationals who do not or no longer fulfil the conditions for
entry and stay, where Member States consider it appro-
priate, cash incentives and other short
term measures
necessary to launch the progress of reintegration for the
returnee's personal development such as training, place-
ment and employment assistance, start-up support
for
economic activities and post-return assistance and counsel-
ling, as well as measures enabling Member States to offer
appropriate arrangements for welcoming returnees in third
countries upon their arrival.

Article 6

Community actions

1. At the Commission's initiative, up to 7 % 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 return policy and
measures applicable to the target groups as referred to in
Article 7.

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

in

(a)

further Community cooperation in implementing Commu-
nity law and good practices;

(b)

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 the
exchange of experience and good practice and improve
the quality of return policy;

(c)

support transnational awareness-raising campaigns;

L 144/52

EN

Official Journal of the European Union

6.6.2007

support studies, dissemination and exchange of informa-
tion on best practices and all other aspects of return
policies, including on the use of state-of-the-art technology,
to encourage more comparative research
in particular
relating to the
return
programmes;

impact of past and present

(d)

all other third-county nationals who do not or no longer
fulfil the conditions for entry and/or stay in a Member State.

2. Third-country national means any person who is not a
citizen of the Union within the meaning of Article 17(1) of the
Treaty.

support pilot projects and studies exploring the possibility
of new forms of Community cooperation and Community
law in this area;

support the development and application by Member States
of common statistical tools, methods and indicators for
measuring policy developments in the field of return, in
particular with a view to the dissemination of statistics
disaggregated according to voluntary and forced returns;

the development

support
in
cooperation with the Agency, of a common handbook on
best practices in the field of return, including on escorts;

and regular updating,

(h)

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

CHAPTER II

PRINCIPLES OF ASSISTANCE

Article 8

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 19.

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).

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

Article 7

Target groups

For the purposes of this Decision the target groups shall

1.
comprise:

all third-country nationals who have not yet received a final
negative decision in relation to their request for inter-
national protection in a Member State and who may choose
to make use of voluntary return, provided they have not
acquired a new nationality and have not left the territory of
that Member State;

all third-country nationals enjoying a form of international
protection within the meaning of Directive 2004/83/EC, or
temporary protection within the meaning of Directive
2001/55/EC in a Member State, and who choose to make
use of voluntary return, provided they have not acquired a
new nationality and have not left the territory of that
Member State;

Article 9

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.

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

Article 10

Subsidiary and proportional intervention

Implementation of multiannual and annual programmes
1.
referred to in Articles 19 and 21 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.

(d)

(e)

(f)

(g)

(a)

(b)

(c)

all third-country nationals who do not or no longer fulfil
the conditions for entry and/or stay in a Member State and
who,
in accordance with the obligation to leave the
territory of that Member State, make use of voluntary
return;

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.

6.6.2007

EN

Official Journal of the European Union

L 144/53

Article 11

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 6 and the technical assistance referred to in
Article 16 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 12

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
the multiannual programme or which, according to the
of
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.
Such partnership shall be conducted in full compliance with
the respective institutional, legal and financial jurisdiction of each
partner category.

CHAPTER III

FINANCIAL FRAMEWORK

Article 13

Global resources

this
1. The financial envelope for
Decision from 1 January 2008 to 31 December 2013 shall be
EUR 676 million.

the implementation of

2. The annual appropriations for the Fund shall be authorised
by the budgetary authority within the limits of the Financial
Framework.

3. The Commission shall make indicative annual breakdowns
by Member States in accordance with the criteria established in
Article 14.

Article 14

Annual distribution of resources for eligible actions in the
Member States

Each Member State shall receive a fixed amount of EUR

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

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

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

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

(a)

50 % in proportion to the total number of third-country
nationals who do not or no longer fulfil the conditions for
entry and stay in the territory of the Member State and who
are subject to a return decision under national and/or
Community law, i.e. an administrative or judicial decision
or act, stating or declaring the illegality of stay and
imposing an obligation to return, over the previous three
years;

(b) 50 % in proportion to the number of

third-country
nationals who have actually left the territory of the Member
State following an administrative or judicial order to leave,
whether undertaken voluntarily or under coercion over the
previous three years.

3. The third-country nationals referred to in paragraph 2 shall
not include:

(a)

third-country nationals who, being present in a transit zone
of a Member State, were refused entry;

(b)

third-country nationals who are to be returned by a
Member State to another Member State,
in particular
pursuant
to Council Regulation (EC) No 343/2003 of
18 February 2003 establishing the criteria and mechanisms
for determining the Member State responsible for examin-
ing an asylum application lodged in one of the Member
States by a third country national (1).

4. 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.

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

(1) OJ L 50, 25.2.2003, p. 1.

L 144/54

EN

Official Journal of the European Union

6.6.2007

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

Article 15

Financing structure

Article 16

Technical assistance at the initiative of the Commission

1. At the initiative of and/or on behalf of the Commission,
the Fund's annual
subject to a ceiling of EUR 500 000 of
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

Financial contributions under the Fund shall take the form

1.
of grants.

2. Those measures shall include:

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.

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 as referred to in
Article 18.

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

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)

(e)

(f)

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 systems of indicators, taking into
account, where appropriate, national indicators;

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

information and training measures for
the authorities
designated by Member States in accordance with Article 25,
complementary to the efforts of the Member States to
provide guidance to their authorities in accordance with
Article 31(2).

Article 17

(a)

the situation and requirements in the Member State
concerned;

Technical assistance at the initiative of Member States

(b)

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

(c)

(d)

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.

the initiative of a Member State,

for each annual
1. At
programme,
the Fund may finance preparatory measures,
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 cofinancing allocated to that Member State plus
EUR 30 000; and

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

6.6.2007

EN

Official Journal of the European Union

L 144/55

CHAPTER IV

PROGRAMMING

Article 18

Adoption of strategic guidelines

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

the Fund,

For the objectives of the Fund referred to in Article 3(1)(a)
2.
and (b), those guidelines shall, in particular, give effect to the
priorities of the Community with a view to promoting:

(a)

the return of third-country nationals who are not in the
possession of passports or other identity documents;

(b)

(c)

(d)

the return of third-country nationals not covered under
Community re-admission agreements or national bilateral
re-admission agreements, with a view to strengthening the
obligation of a State under international law to re-admit its
own nationals;

the return to a particular country of third-country nationals
and stateless persons who have come from or have resided
in that country but not as nationals of that country;

the return of persons who are under no obligation to leave
the territory of the Member States, such as applicants for
asylum who have not yet received a negative decision and
persons enjoying a form of international protection within
the meaning of Directive 2004/83/EC or
temporary
protection within the meaning of Directive 2001/55/EC;

(e)

the return of particularly vulnerable groups.

For the objective of the Fund referred to in Article 3(1)(c), those
guidelines shall, in particular, give effect to the priorities of the
Community to promote the knowledge of
the common
standards across the European Union and the integration of
those standards into daily return management processes in the
administrative authorities of the Member States.

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

Article 19

Preparation and approval of national multiannual
programmes

the
Each Member State shall propose, on the basis of
1.
strategic guidelines referred to in Article 18, a draft multiannual
programme which shall consist of the following elements:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

third countries,

a description of the current situation in the Member State
as regards the principle of integrated return management,
the cooperation with consular authorities and immigration
services of
the measures and policies
relating to voluntary return and enforced return, with
disaggregated data, insofar as they are available, between
voluntary and forced returns,
the approach towards
reintegration measures and sustainability of return, capacity
building of competent administrative and judicial author-
ities and the cooperation with other Member States in
relation to the above;

an analysis of requirements in the Member State in question
in terms of the cooperation with consular authorities and
immigration services of third countries, the measures and
policies relating to voluntary return and enforced return,
the approach towards reintegration measures and sustain-
ability of return, capacity building of competent adminis-
trative and judicial authorities and the cooperation with
other Member States in relation to the above and an
indication of the operational objectives designed to meet
those requirements during the period covered by the
multiannual programme;

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;

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

information on the priorities and their specific targets.
Those targets shall be quantified using a limited number of
indicators for
the proportionality
principle. 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;

taking into account

a description of the approach chosen for the implementa-
tion of the partnership principle laid down in Article 12;

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
cofinancing;

(h)

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

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

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

shall

L 144/56

EN

Official Journal of the European Union

6.6.2007

In order to approve the draft multiannual programme, the

3.
Commission shall examine:

allocated under the annual budgetary procedure, calculated as
provided for by Article 14.

the draft multiannual programme's consistency with the
objectives of the Fund and the strategic guidelines referred
to in Article 18;

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 multiannual
programme and consisting of the following elements:

(a)

(b)

(c)

(d)

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
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.

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

Article 20

Revision of multiannual programmes

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.

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

Article 21

Annual programmes

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

(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 17 for the purpose of implement-
ing the annual programme.

4. By way of derogation from paragraph 3, Member States shall
for 2008 to the
submit
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
inform the Member State
programme, the Commission shall
concerned whether it can be approved.
the draft annual
programme is inconsistent with the multiannual programme, the
Commission shall
invite that Member State to provide all
necessary information and, where appropriate, to revise the draft
annual programme accordingly.

If

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 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. 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

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

6.6.2007

EN

Official Journal of the European Union

L 144/57

3. The rules laid down in Article 19 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

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

CHAPTER V

MANAGEMENT AND CONTROL SYSTEMS

Article 23

Implementation

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)

(b)

(c)

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

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

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;

(d)

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

(e)

(f)

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

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

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

performed;

(h)

arrangements for auditing the functioning of the system;

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 shall 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.

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

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.

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).

Article 26

Responsible authority

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

(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;

(i)

systems and procedures to ensure an adequate audit trail;

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

(j)

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

(d)

be in a position to apply Community fund management
rules;

L 144/58

EN

Official Journal of the European Union

6.6.2007

(e)

(f)

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

maintain either a separate accounting system or an
adequate accounting code for all transactions relating to
the action without prejudice to national accounting rules;

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.

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

Article 27

Tasks of the responsible authority

(j)

(k)

(l)

ensure that the evaluations of the Fund referred to in
Article 49 are carried out within the time limits laid down
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 the management procedures applied and
the projects co-financed by the Fund;

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

(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;

It shall in particular:

(a)

consult partners in accordance with Article 12;

(b)

(c)

(d)

(e)

(f)

submit to the Commission proposals for multiannual and
annual programmes to which Articles 19 and 21 refer;

organise and advertise calls for tenders and proposals if
appropriate;

organise the selection of projects for co-financing under the
Fund in accordance with the criteria set out in Article 15(5);

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

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

(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)

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;

(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;

(o)

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

(p)

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

(q)

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

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

Article 28

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.

(i)

ensure that final beneficiaries and other bodies involved in
the implementation of actions co-financed by the Fund

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.

6.6.2007

EN

Official Journal of the European Union

L 144/59

Article 29

(c)

Certifying authority

1. The certifying authority shall:

(a)

certify that:

to the Commission within six months of

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

(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;

2. Where the designated audit authority under this Decision is
also the designated audit authority under Decision No 573/
2007/EC, Decision No 574/2007/EC and Decision No …/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:

(b)

(c)

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

(e)

(f)

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

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 17,
provided that the prerogatives of this authority as described in
Article 25 are respected.

Article 30

Audit authority

(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;

for
a declaration assessing the validity of
payment or statement of
the final
balance and the legality and regularity of the expenditure
concerned.

reimbursement of

the request

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 17, provided that the prerogatives of
the audit authority as described in Article 24 are respected.

CHAPTER VI

1. The audit authority shall:

RESPONSIBIILTIES AND CONTROLS

(a)

(b)

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

Article 31

Responsibilities of the Member States

ensure that audits are carried out of 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;

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

L 144/60

EN

Official Journal of the European Union

6.6.2007

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.

comply with
up management and control
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.

systems

that

2. Without prejudice to audits carried out by Member States,
Commission officials or authorised Commission representatives
may carry out on-the-spot checks
to verify the effective
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
systems or
the correctness of one or more transactions.
Commission officials or authorised Commission representatives
may take part in such checks.

functioning of

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

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

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.

Article 32

Management and control systems

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

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 for
the period 2008 to 2010 referred to 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 31 that Member States have set

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

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
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.

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.

6.6.2007

EN

Official Journal of the European Union

L 144/61

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.

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

3.
Expenditure may be considered eligible for support from the
Fund only if it is actually paid no earlier than 1 January of the
year referred to in the financing decision approving the annual
programme referred to in the third subparagraph of Article 21
(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

Completeness of payment to final beneficiaries

the responsible
Member States shall satisfy themselves that
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.

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 19 and
21 respectively, certified declarations of expenditure, requests for
payments
referred to in Article 27(1)(n) and 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 21(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 21(5).

Article 39

Payments — Prefinancing

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

Payments shall take the form of pre-financing and payment
2.
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.

L 144/62

EN

Official Journal of the European Union

6.6.2007

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
request
the balance or statement of
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.

the balance arising from the difference between 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

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:

(a)

(b)

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

to suggest

a

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

expenditure

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.

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.

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
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 40(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

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:

(a)

(b)

there is a serious deficiency in the management and control
system of the programme which affects the reliability of the
procedure for certification of payments and for which
corrective measures have not been taken; or

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.

6.6.2007

EN

Official Journal of the European Union

L 144/63

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).

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

legal
the

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.

Commission 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.

2.
If, after completing the necessary verifications, the Commis-
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.

CHAPTER VIII

FINANCIAL CORRECTIONS

Article 44

Financial corrections by Member States

shall,

in the first

1. Member States
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

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

Corrections made by Member States shall consist in cancelling,
and if applicable, recovering all or part of the Community
contribution. Where the amount is not repaid in the time
allowed by the relevant Member State, default interest shall be
due at the rate provided for in Article 47(2). Member States shall
take into account the nature and gravity of the irregularities and
the financial loss to the Fund.

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
and administrative provisions,
national

regulations

laws,

Article 46

Criteria for the corrections

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

(a)

(b)

(c)

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

contained in a

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

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

L 144/64

EN

Official Journal of the European Union

6.6.2007

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
Member State concerned under Article 32,
the reports of
notified irregularities and any replies from the Member State.

regarding the

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 progress of implementation and
completion of the assigned objectives, which shall be the basis
reports on the
the progress and final
for,
implementation of the annual programme.

respectively,

Article 47

Repayment

2. The Member States shall submit to the Commission:

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.

(a)

(b)

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.

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

by 30 June 2010, an evaluation report on the implementa-
tion of actions co-financed by the Fund;

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.

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

(a)

(b)

(c)

by 30 June 2010, a report on the application of the criteria
set out in Article 15 for the annual breakdown of resources
between Member States;
for
amendments if deemed necessary;

together with proposals

by 31 December 2010, an intermediate report on the
results achieved and on qualitative and quantitative aspects
of implementation of the Fund, together with a proposal on
the Fund's future development;

by 31 December 2012 for the period 2008 to 2010 and by
the period 2011 to 2013
31 December 2015 for
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:

(a)

(b)

the financial and operational implementation of the annual
programme;

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:

1.
In each Member State the responsible authority shall take
the necessary measures to ensure project monitoring and
evaluation.

(i) monitoring and evaluation measures, including data

collection arrangements,

6.6.2007

EN

Official Journal of the European Union

L 144/65

(ii)

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

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.

(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

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

Article 53

Review

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

Article 54

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 14, 18, 19, 21, 22, 25, Article 31(2),
Article 31(5), Article 32, Article 35(4) and Article 52, which
shall apply from 7 June 2007.

Article 55

Addressees

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

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.

Done at Brussels, 23 May 2007.

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.

For the European Parliament

For the Council

The President

H.-G. PÖTTERING

The President

G. GLOSER