2007/815/EC: Commission Decision of 29 November 2007 implementing Decision No 573/2007/EC of the European Parliament and of the Council as regards the adoption of the strategic guidelines 2008 to 2013 (notified under document number C(2007) 5738)
Date: 2007-11-29
Institutions: European Commission
Subjects: EU programme, admission of aliens, aid to refugees, financing, fund (EU), integration of migrants, refugee

12.12.2007

EN

Official Journal of the European Union

L 326/29

COMMISSION DECISION

of 29 November 2007

implementing Decision No 573/2007/EC of the European Parliament and of the Council as regards
the adoption of the strategic guidelines 2008 to 2013

(notified under document number C(2007) 5738)

(Only the Bulgarian, Czech, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian,
Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic)

(2007/815/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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
Decision No 573/2007/EC.

Having regard to Decision No 573/2007/EC of the European
Parliament and the Council of 23 May 2007 establishing a
European Refugee Fund for the period 2008 to 2013 as part
the General programme ‘Solidarity and Management of
of
Migration
Decision
2004/904/EC (1), and in particular Article 17 thereof,

repealing

Council

Flows’

and

(6)

Whereas:

(1)

(2)

(3)

(4)

The Commission should lay down strategic guidelines
the
setting out a framework for the intervention of
Fund relating to the multi-annual programming period
2008 to 2013.

should define the priorities and,

in
The guidelines
the Decision No
accordance with Article 14(4) of
573/2007/EC,
the specific priorities which allow the
Member States not covered by the Cohesion Fund to
have the co-financing of the Community contribution
increased to 75 % for projects co-financed by the Fund.

the Protocol on the
In accordance with Article 2 of
position of Denmark,
annexed to the Treaty on
European Union and to the Treaty establishing the
European Community, Denmark is not bound by this
Decision or subject to its application.

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
Ireland has
establishing the European Community,
notified, by letter of 6 September 2005,
its wish to
take part in the adoption and application of Decision
No 573/2007/EC.

(5)

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

of

the

opinion

in this Decision are in
The measures provided for
common
the
accordance with
Committee ‘Solidarity and Management of Migration
Flows’
established by Article 56 of Decision No
574/2007/EC of
the
Council establishing the External Borders Fund for the
the General
period 2007 to 2013 as part of
programme ‘Solidarity and Management of Migration
Flows’ (2),

the European Parliament and of

HAS ADOPTED THIS DECISION:

Article 1

The guidelines setting out the priorities and specific priorities
for the multi-annual programming for the period 2008 to 2013
shall be as defined in the Annex.

Article 2

This Decision is addressed to the Kingdom of Belgium, the
Republic of Bulgaria, the Czech Republic, the Federal Republic
of Germany, the Republic of Estonia, the Hellenic Republic, the
Kingdom of Spain,
the Italian
the French Republic,
Republic, the Republic of Cyprus, the Republic of Latvia, the
Republic of Lithuania, the Grand-Duchy of Luxembourg, the
Republic of Hungary, the Republic of Malta, the Kingdom of
the Republic of
the Netherlands,
the Republic of Austria,
the Republic of
Poland,
the Portuguese Republic, Romania,
Slovenia,
the
the United Kingdom of Great Britain
Kingdom of Sweden,
and Northern Ireland.

the Republic of Finland,

the Slovak Republic,

Ireland,

Done at Brussels, 29 November 2007.

For the Commission

Franco FRATTINI
Vice-President

(1) OJ L 144, 6.6.2007, p. 1.

(2) OJ L 144, 6.6.2007, p. 22.

L 326/30

EN

Official Journal of the European Union

12.12.2007

ANNEX

The strategic guidelines set out below are to be seen in the context of the development of a more efficient management
of migration flows at all their stages, initiated by the Tampere European Council in 1999.

For each of the objectives of the Fund set out in Article 3(1) of Decision No 573/2007/EC, the guidelines shall
in
particular give effect to the priorities of the Community with a view to promoting the implementation of the Common
European Asylum System (hereinafter CEAS).

The ultimate objective of the CEAS is to establish a level playing field, by way of a system which guarantees persons
genuinely in need of protection access to a high level of protection under equivalent conditions in all Member States
while at the same time dealing fairly and efficiently with those found not to be in need of protection.

In this context, the European Refugee Fund (hereinafter the Fund) provides a supporting instrument for Member States’
efforts to implement EU asylum policy. More specifically, its funding can complement, stimulate and act as a catalyst for
the delivery of the objectives pursued, reduce disparities and raise standards.

When preparing their draft multi-annual programmes, Member States should target the available resources under the Fund
to at least the first two priorities listed below, while the third priority is optional.

PRIORITY 1: Implementation of the principles and measures set out in the Community acquis in the field of
asylum, including those related to integration objectives.

This should help to ensure appropriate reception conditions, fair and effective procedures and the full and inclusive
application of the Geneva Convention for the target groups defined in the Fund as per the following Community
instruments:

(a) Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining
the Member State responsible for examining an asylum application lodged in one of the Member States by a third-
country national (the Dublin Regulation) (1);

(b) Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of ‘Eurodac’ for the
comparison of fingerprints for the effective application of the Dublin Convention (the Eurodac Regulation) (2);

(c) Council Regulation (EC) No 407/2002 of 28 February 2002 laying down certain rules to implement Regulation (EC)
‘Eurodac’
fingerprints for the effective

for the comparison of

No 2725/2000 concerning the establishment of
application of the Dublin Convention (3);

(d) Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event
of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in
receiving such persons and bearing the consequences thereof (the Temporary Protection Directive) (4);

(e) Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum

seekers (the Reception Conditions Directive) (5);

(f) Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (6), as far as provisions

related to refugees are concerned;

(g) 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 (the Qualification Directive) (7);

(1) OJ L 50, 25.2.2003, p. 1.
(2) OJ L 316, 15.12.2000, p. 1.
(3) OJ L 62, 5.3.2002, p. 1.
(4) OJ L 212, 7.8.2001, p. 12.
(5) OJ L 31, 6.2.2003, p. 18.
(6) OJ L 251, 3.10.2003, p. 12.
(7) OJ L 304, 30.9.2004, p. 12.

12.12.2007

EN

Official Journal of the European Union

L 326/31

(h) Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for

granting and withdrawing refugee status (the Procedures Directive) (1).

Within this priority, the Community contribution may be increased to 75 % for projects addressing the following specific
priorities:

1. actions aimed at taking into account the special needs of vulnerable people, notably unaccompanied minors, and more
specifically measures aimed at improving the definitions and procedures applied by Member States to identify the more
vulnerable asylum seekers and to provide an appropriate response to such needs;

2. actions improving the identification of persons in need of international protection and/or the processing of their

applications at the borders, notably by the development of specific training programmes.

PRIORITY 2: Development of reference tools and evaluation methodologies to assess and improve the quality
of procedures for the examination of claims for international protection and to underpin administrative
structures in an effort to respond to the challenges brought forward by enhanced practical cooperation with
other Member States.

Within this priority, the Community contribution may be increased to 75 % for projects addressing the following specific
priorities:

1. measures designed to carry out an independent review on how the national asylum system works and how to make it

more efficient;

2. development of tools aimed to enhance consistency in national decision making on the application of the acquis, such

as case-law databases accessible to all relevant stakeholders;

3. measures designed to increase the capacity of national asylum services to cooperate with the asylum services of other
Member States, and in particular to compile, analyse and assess information on countries or regions of origin for the
purpose of sharing this information with other Member States.

PRIORITY 3: Actions helping to enhance responsibility sharing between Member States and third countries
(optional).

This includes in particular support for the voluntary efforts of Member States regarding the transfer of third-country
nationals or stateless persons from a third country to a Member State where they are permitted to reside with refugee
status or a status which offers the same rights and benefits under national and Community law as refugee status, and the
transfer of asylum seekers or beneficiaries of international protection between Member States.

Within this priority, the Community contribution may be increased to 75 % for projects addressing the following specific
priorities:

1. actions relating to the resettlement of persons from a country or region designated for the implementation of a

Regional Protection Programme;

2. actions aimed at transferring asylum seekers or beneficiaries of international protection from Member States facing

particular pressures on their asylum systems.

(1) OJ L 326, 13.12.2005, p. 13.