Proposal for a Decision of the European Parliament and of the Council of amending Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme "Solidarity and Management of Migration Flows" and repealing Council Decision 2004/904/EC {COM(2009) 447 final} {SEC(2009) 1127} {SEC(2009) 1128}
Date: 2009-09-02
Institutions: European Commission
Subjects: EU Member State, EU programme, admission of aliens, aid to refugees, financing, fund (EU), integration of migrants, migratory movement, refugee

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 2.9.2009 
COM(2009) 456 final 

2009/0127 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

of  

amending Decision No 573/2007/EC establishing the European Refugee Fund for the 
period 2008 to 2013 as part of the General programme "Solidarity and Management of 
Migration Flows" and repealing Council Decision 2004/904/EC 

{COM(2009) 447 final} 
{SEC(2009) 1127} 
{SEC(2009) 1128} 

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EXPLANATORY MEMORANDUM 

Together  with  this  proposal,  the  Commission  is  adopting  a  Communication  on  the 
establishment  of  a  Joint  EU  Resettlement  Programme  (COM  (2009)).  It  explains  the 
grounds, objectives, context and functioning of the Joint EU Resettlement Programme. 
This  Explanatory  Memorandum  should  therefore  be  read  in  combination  with  this 
Communication.  In  order  to  avoid  unnecessary  duplications  reference  is  made 
hereunder to this Communication.  

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

The aim of this proposal is to amend the Decision establishing the European Refugee Fund in 
the  light  of  the  establishment  of  a  Joint  EU  Resettlement  Programme.  With  respect  to  the 
objectives  of  the  proposal,  further  reference  is  made  to  the  Communication  on  the 
establishment of a Joint EU Resettlement Programme (COM (2009)). 

•  General context: new challenges in asylum policy and the establishment of a Joint EU 

Resettlement Programme 

The European Refugee Fund (ERF) was set up by Decision No 573/2007/EC of the European 
Parliament and of the Council of 23 May 2007 establishing the European Refugee Fund for 
the  period  2008  to  2013  as  part  of  the  General  programme  "Solidarity  and  Management  of 
Migration  Flows"  and  repealing  Council  Decision  2004/904/EC1,  on  the  basis  of  Article 
63(2)(b) of the Treaty establishing the European Community. 

This  proposal  for  a  Decision  of  the  European  Parliament  and  of  the  Council,  amending  the 
Decision  establishing  the  European  Refugee  Fund  for  the  period  2008  to  2013,  and  the 
Communication  of  the  Commission  to  the  Council  and  the  European  Parliament  on  the 
establishment of a Joint EU Resettlement Programme are part of the European Union's efforts 
to establish a Joint EU Resettlement Programme. They are a response to the requests by the 
Council  to  come  forward  with  a  proposal  for  the  establishment  of  a  Joint  EU  Resettlement 
Programme.  

With  respect  to  the  background,  recent  developments  and  shortcomings  of  the  current 
situation  reference  is  made  to  the  Communication  on  the  establishment  of  a  Joint  EU 
Resettlement Programme (COM (2009)). 

•  Existing provisions in this area 

This  proposal  aims  to  amend  the  Decision  establishing  the  European  Refugee  Fund  in  the 
light of the establishment of a Joint EU Resettlement Programme. The existing Decision on 
ERF III contains several provisions with regard to resettlement. 

•  Consistency with the other policies  

This proposal is fully consistent with the policies and objectives with respect to asylum which 
were identified by the EU over the past years. In the Communication on Regional Protection 
Programmes, which was adopted by the Commission in September 2005, it was pointed out 
that  resettlement  should  be  central  to  providing  assistance  to  third  countries,  and  that  the 
Commission  would  examine  the  desirability  of  making  a  proposal  for  a  more  structured 
approach to resettlement activities. In the Policy Plan on Asylum, adopted on 17 June 2008, 

1 

OJ L 144, 6.6.2007, pp. 1-21.  

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the Commission concluded that resettlement should be further developed and expanded into 
an effective protection instrument to be used by the EU, so as to meet the protection needs of 
refugees in third countries and to show solidarity with third countries of first asylum. On 24 
July  2008  the  Council  adopted  Conclusions  in  which  it  welcomed  the  presentation  by  the 
Commission of the Policy Plan on Asylum foreseeing the presentation of a proposal for the 
development  of  a  Joint  EU  Resettlement  Programme,  in  which  Member  States  could 
participate  on  a  voluntary  basis.  On  16  October  2008  the  European  Council  adopted  the 
European  Pact  on  Immigration  and  Asylum.  It  stated  that,  among  the  new  initiatives  to  be 
taken  to  complete  the  establishment  of  a  Common  European  Asylum  System,  cooperation 
with  the  UNHCR  should  be  strengthened  to  ensure  better  protection  for  people  outside  the 
territory of European Union who request protection, in particular by "moving, on a voluntary 
basis,  towards  the  resettlement  within  the  European  Union  of  people  placed  under  the 
protection of the Office of the United Nations High Commissioner for Refugees..".  

2. 

RESULTS  OF  CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  IMPACT 
ASSESSMENT 

Following a wide consultation of all relevant stakeholders on asylum policies, launched with 
the  publication  in  June  2007  of  the  Green  Paper  on  the  future  of  the  Common  European 
Asylum System (CEAS)2, which revealed a broad acknowledgement that resettlement should 
play a central role in the external asylum policies of the EU, it was concluded in the Policy 
Plan on Asylum3 that resettlement should be further developed and expanded into an effective 
protection instrument to be used by the EU.  

Concerning  this  specific  proposal,  the  Commission  consulted  all  Member  States  and  other 
stakeholders  (UNHCR,  IOM,  ECRE,  NGOs).  The  consultations  took  place  through  a 
questionnaire which was sent out to all Member States, a specific meeting held with a group 
of stakeholders in December 2008, a meeting of the Committee on Immigration and Asylum 
held in March 2009 and written input provided by UNHCR, IOM and ECRE.  

An Impact Assessment with respect to this proposal was carried out, in which three different 
policy  options  and  two  sub-options  were  analysed  as  well  as  the  effects  of  these  options  in 
terms of effectiveness in reaching the objectives, the impacts and the political feasibility and 
proportionality. A detailed list of consulted parties is included in the Impact Assessment. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed measures 

The proposed measures seek to amend the Decision establishing the European Refugee Fund 
for  the  period  2008  to  2013  in  order  to  provide  additional  financial  support  for  the 
resettlement  of  those  categories  of  persons  which  are  annually  identified  as  common  EU 
resettlement  priorities  for  the  following  year  through  a  Decision  to  be  taken  by  the 
Commission. The identification of these priorities will be done on the basis of an indicative 
forecast of resettlement needs which will be provided by UNHCR in spring (mid-March) each 
year and in close consultation with the resettlement experts of Member States, UNHCR and 

2 
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Green Paper on the future Common European Asylum System (COM (2007) 301). 
Communication  from  the  Commission  to  the  EP,  the  Council,  the  European  Economic  and  Social 
Committee and the Committee of Regions: Policy Plan on asylum, An integrated approach to protection 
across the EU, COM(2008)360 final. 

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other  stakeholders.  For  this  purpose  an  annual  meeting  will  be  organized  in  which  these 
experts participate. On the basis of the outcomes of the meeting, the Commission will draft a 
proposal for a Decision identifying the common EU resettlement priorities, and will submit it 
for  consultation  to  the  management  committee  of  the  General  Programme  "Solidarity  and 
management  of  migratory  flows'  including  the  ERF  III.  Within  twenty  calendar  days 
following  the  adoption  of  the  Commission  Decision  on  common  EU  resettlement  priorities, 
Member States will provide the Commission with an estimate of the number of persons whom 
they will resettle in the course of the following calendar year according to these common EU 
annual  priorities.  On  the  basis  of  these  pledges,  Member  States  will  receive  additional 
financial  assistance  of  4.000  Euros  per  person  to  be  resettled.  Resettlement  of  the  specific 
categories of persons according to common EU annual priorities needs to be carried out on a 
request of the UNHCR. 

•  Legal basis 

The  proposal  is  based  on  Article  63(2)(b)  of  the  Treaty  establishing  the  European 
Community, which is the legal basis of the act being amended. 

•  Subsidiarity and proportionality principles 

Community  involvement  in  the  asylum  field  is  founded  on  the  need  for  solidarity  among 
Member States  in addressing a challenge that, in  an  EU  without  internal  borders,  cannot  be 
effectively  dealt  with  by  individual  countries  acting  alone.  This  led  to  adoption  by  the 
Community legislator of the acquis in the field of asylum, on the basis of specific dedicated 
legal bases enshrined in the Treaty. 

The need to act as regards the Common European Asylum System (CEAS) has already been 
assessed in recent impact assessment reports, and in particular in the impact assessment on the 
asylum  policy  plan,  which  has  pointed  specifically  to  the  need  to  develop  a  Joint  EU 
Resettlement Programme. There have been repeated calls from the European Council and the 
European Parliament to develop the CEAS, including its external dimension. The institutions 
of  the  Union  committed  to  improving  implementation  of  the  acquis  in  the  field  of  asylum 
clearly expressed the view that strengthening practical cooperation between Member States as 
well as strengthening the external dimension are key priorities. 

The  nature  of  the  objectives  to  be  achieved  –  increasing  the  strategic  use  of  resettlement, 
developing external asylum policies – requires an initiative to be taken at the EU level. The 
other  general  objectives  also  require  action  at  EU  level.  The  establishment  of  a  Joint  EU 
Resettlement  Programme  will  be  instrumental  in  ensuring  that  more  EU  Member  States 
participate  in  resettlement  and  in  demonstrating  greater  solidarity  by  the  EU  with  third 
countries in receiving refugees.  

The proportionality of the proposal has been assessed in the Impact Assessment. It has been 
examined  how  far  EU  measures  should  go  and  whether  these  are  proportionate  to  the 
objectives  to  be  reached.  This  proposal  responds  effectively  to  the  objectives  in  a 
proportionate manner.  

4. 

BUDGETARY IMPLICATION 

This proposal complies with the appropriations and programming of the General programme 
"Solidarity  and  Management  of  Migration  Flows"  until  2013.  Furthermore,  this  proposal  to 
amend  the  ERF  Decision  does  not  alter  the  general  objectives  of  the  ERF  and  its  financial 

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programming until 2013, as indicated in the proposal, dated 18 February 2009, to amend the 
ERF Decision with a view to the establishment of the European Asylum Support Office.4 

As a result of the current proposal very limited additional costs are foreseen with respect to 
administrative expenses (see Annex). 

5. 

DETAILED EXPLANATION OF THE PROPOSAL 

Article 13 (4) and (5)  

Article 13, paragraphs (4) and (5) stipulate that Member States will receive, as an additional 
financial  assistance,  a  fixed  amount  of  4.000  Euros  for  each  effectively  resettled  refugee 
during a respective calendar year who will fall under one of the specific categories which will 
be  defined  annually  as  common  EU  annual  priorities  by  the  Decision  of  the  Commission. 
Member  States  will  receive  this  fixed  amount  per  refugee  only  once  in  case  such  refugee 
would fall under more than one of the specific categories. These annual priorities may relate 
to geographic regions, nationalities or specific categories of refugees to be resettled. 

Article 13 (6)  

Article 13 (6) stipulates that these common EU annual priorities will be established annually 
by a Commission Decision adopted following the consultation of the management Committee 
of the General Programme "Solidarity and Management of Migration flows".  

Article 13 (7) 

This  paragraph  provides  for  a  new  deadline  for  Member  States  within  which  they  should 
provide the Commission with an estimate ("pledging") of the number of persons whom they 
plan to resettle in the course of the following calendar year according to these common EU 
annual priorities.  

Article 13 (8) 

Article 13 (8) provides that the results and impacts of the financial incentive for resettlement 
activities according to the common EU annual priorities shall be included in the mid-term and 
final  evaluation  reports  on  the  implementation  of  the  ERF  by  Member  States  and  the 
Commission. 

Article 20 (2), (3) and (5), third sub-paragraph 

These paragraphs provide for setting up a timetable as regards the deadline for the submission 
of the pledging, necessary for the calculation of annual allocations between Member States, 
the deadline for the submission of annual programmes by Member States to the Commission 
and the deadline for the adoption of financing decisions by the Commission. In comparison to 
the  deadlines  set  up  in  the  current  legal  base,  new  deadlines  are  postponed  due  to  the  new 
procedure  for  the  adoption  of  the  common  EU  annual  priorities  for  resettlement  which  will 
precede the calculation of annual allocations between Member States. 

Article 35 (5)  

This  paragraph  provides  for  the  rule  of  eligibility  which  will  apply  for  the  fixed  amount  of 
4.000 Euros per effectively resettled person according to the common EU annual priorities for 
resettlement. The fixed amount is granted as a lump sum of 4.000 Euros per each effectively 
resettled person during a respective calendar year. 

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COM (2009) 67 final 

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2009/0127 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

of  

amending Decision No 573/2007/EC establishing the European Refugee Fund for the 
period 2008 to 2013 as part of the General programme "Solidarity and Management of 
Migration Flows" and repealing Council Decision 2004/904/EC 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Economic and Social Committee5, 
Having regard to the opinion of the Committee of the Regions6, 
Acting in accordance with the procedure laid down in Article 251 of the Treaty7, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

In  the  light  of  the  establishment  of  a  Joint  EU  Resettlement  Programme  aiming  at 
increasing the impact of the EU resettlement efforts in providing protection to refugees 
and maximising the strategic impact of resettlement through a better targeting to those 
persons  who  are  in  greatest  need  of  resettlement,  common  priorities  with  respect  to 
resettlement should be formulated at EU level on a regular basis. 

Therefore  it  is  appropriate,  that  the  Commission  decides  on  common  EU  annual 
priorities with respect to specific geographic regions and nationalities as well as to the 
specific categories of refugees to be resettled. 

Taking  into  account  the  resettlement  needs  set  up  by  the  Commission  Decision  on 
common  EU  annual  priorities  for  resettlement,  it  is  also  necessary  to  provide 
additional  financial  support  for  the  resettlement  of  persons  with  respect  to  specific 
geographic regions and nationalities as well as to the specific categories of refugees to 
be resettled, where resettlement is determined to be the most appropriate response to 
their special needs. 

In this context, it is appropriate to adapt the timetable as regards the deadline for the 
submission  of  data  necessary  for  the  calculation  of  annual  allocations  between  the 
Member  States,  the  deadline  for  the  submission  of  annual  programmes  by  Member 
States and the deadline for adoption of financing decisions by the Commission. 

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OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 

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(5) 

It is also necessary to fix the rules for the eligibility of expenditure for the additional 
financial support for resettlement, 

HAVE ADOPTED THIS DECISION: 

Article 1 

Decision  No  573/2007/EC  of  the  European  Parliament  and  of  the  Council  is  amended  as 
follows: 

1. 

Article 13(3) becomes Article 13(4) and reads as follows: 

"Member States shall receive a fixed amount of EUR 4000 for each resettled person 
falling  into  one  of  the  categories  defined  by  the  common  EU  annual  priorities 
established in accordance with Article 13(6) with respect to geographic regions and 
nationalities as well as to specific categories of refugees to be resettled." 

2. 

Article 13(4) becomes Article 13(5) and reads as follows: 

"Where  a  Member  State  resettles  a  person  falling  within  more  than  one  of  the 
categories  referred  to  in  the  common  EU  annual  priorities  for  resettlement 
established in accordance with Article 13(6), it shall receive the fixed amount for this 
person only once." 

3. 

4. 

Article 13(5) becomes Article 13(3). 

Article 13(6) is replaced by the following: 

"The Commission shall establish the common EU annual priorities for resettlement 
in accordance with the procedure referred to in Article 52(2)." 

5. 

In Article 13 a new paragraph (7) is inserted and reads as follows: 

"Within  twenty  calendar  days  following  the  notification  of  Commission  Decision 
establishing  the  common  EU  annual  priorities  for  resettlement  in  accordance  with 
Article 13(6), Member States shall provide the Commission with an estimate of the 
number  of  persons  whom  they  will  resettle  according  to  these  common  EU  annual 
priorities  in  the  course  of  the  following  calendar  year.  The  Commission  shall 
communicate this information to the Committee referred to in Article 52." 

6. 

In Article 13 a new paragraph (8) is inserted and reads as follows: 

"The  results  and  impact  of  the  financial  incentive  for  resettlement  activities 
according  to  the  common  EU  annual  priorities  shall  be  reported  by  the  Member 
States in the report referred to in Article 50(2) and by the Commission in the report 
referred to in Article 50(3). 

7. 

Article 20(2) is replaced by the following: 

"The  Commission  shall  provide  the  Member  States,  by  1  September  of  each  year, 
with  an  estimate  of  the  amounts  to  be  allocated  to  them  for  the  following  calendar 
year  from  the  total  appropriations  allocated  under  the  annual  budgetary  procedure, 
calculated as provided for by Article 13."  

8. 

Article 20(3) is replaced by the following: 

"Member States shall submit to the Commission, by 1 December of each year, a draft 
annual  programme  for  the  following  year,  established  in  accordance  with  the 
multiannual programme and consisting of the following elements: 

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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  contribution  between  the 
programme's  various  actions;  and  an  indication  of  the  amount  requested  to 
cover technical assistance under the Article 16 for the purpose of implementing 
the annual programme." 

9. 

Article 20(5) third subparagraph is replaced by the following: 

"The  Commission  shall  adopt  the  financing  decision  approving  the  annual 
programme by 1 April 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." 

10. 

In Article 35, a new paragraph (5) is inserted and reads as follows: 

"The fixed amount of EUR 4000 for each resettled person allocated to the Member 
States shall be granted as a lump sum for each person effectively resettled. 

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

Article  

Article  

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX 

Additional costs concerning administrative expenditure related to this proposal  

EUR million (to 3 decimal places)

2010 

2011 

2012 

2013 

TOTAL 

18 01 02 11 01 – Missions 

0.009 

0.009

0.010

0.010

0.038 

18  01  02  11  02  –  Meetings 
and conferences 

18  01  02  11  03  – 
Committees 

18  01  02  11  04  -  Studies 
and consultations 

18  01  02  11  05 
Information systems 

- 

other 

2. 
Total 
management 
expenditure  (18  01  02 
11) 

0.030 

0.030

0.030

0.030

0.120 

0.039 

0.039

0.040

0.040

0.158 

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