Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Decision No 573/2007/EC, Decision No 575/2007/EC and Council Decision 2007/435/EC with a view to increasing the co-financing rate of the European Refugee Fund, the European Return Fund and the European Fund for the Integration of third-country nationals as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability
Date: 2012-09-20
Institutions: European Commission
Subjects: Member States' contribution, aid to refugees, co-financing, economic stabilisation, fund (EU), integration of migrants, repatriation grant

EUROPEAN COMMISSION 

Brussels, 20.9.2012  
COM(2012) 526 final 

2012/0252 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Decision No 573/2007/EC, Decision No 575/2007/EC and Council Decision 
2007/435/EC with a view to increasing the co-financing rate of the European Refugee 
Fund, the European Return Fund and the European Fund for the Integration of third-
country nationals as regards certain provisions relating to financial management for 
certain Member States experiencing or threatened with serious difficulties with respect 
to their financial stability 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons and objectives  

The sustained financial and economic crisis is stepping up the pressure on national financial 
resources  as  Member  States  reduce  their  budgets.  In  this  context,  ensuring  the  smooth 
implementation  of  programmes  adopted  under  the  four  Funds  established  as  part  of  the 
General Programme on ‘Solidarity and Management of Migration Flows’ (hereinafter referred 
to as ‘the Funds’), is of particular importance as a means of injecting funds into the economy. 

Nonetheless,  the  implementation  of  the  programmes  is  often  challenging  as  a  result  of 
liquidity  problems  caused  by  budget  constraints  that  often  lead  to  severe  cutbacks  in 
expenditures  consequently  augmenting  problems  during  a  period  of  sustained  crisis.  This  is 
the case in particular for those Member States which have been most affected by the crisis and 
have  received  financial  assistance  under  a  programme  from  the  European  Financial 
Stabilisation  Mechanism  (EFSM),  the  European  Financial  Stability  Facility  (EFSF)  or 
bilateral loans for the euro countries or from the Balance of Payments (BoP) mechanism for 
non-euro countries. To date, six countries — including Greece which also received financial 
assistance  before  the  establishment  of  the  EFSM  via  bilateral  loans  —  have  requested 
financial  assistance  under  the  various  support  mechanisms  and  have  agreed  with  the 
Commission on a macro-economic adjustment programme. These six countries are Hungary, 
Romania,  Latvia 
the 
EFSM/EFSF/bilaterally). It should be noted that the programme for Hungary expired in 2010 
while the programme for Latvia expired in early 2012. 

the  BoP),  Portugal,  Greece  and 

Ireland 

(under 

(under 

To  ensure  that  Member  States  benefiting  from  a  financial  support  mechanism  (or  any  other 
Member  States  which  may  be  concerned  by  such  assistance  in  the  future)  continue  to 
implement  the  programmes  adopted  under  the  Funds  on  the  ground  and  disburse  funds  to 
projects, this proposal  contains  provisions that would allow the  Commission  to increase the 
Union  co-financing  rate  for  these  countries,  for  the  period  during  which  they  benefit  from 
financial  assistance  provided  by  one  of  the  support  mechanisms  under  any  funding 
instruments.  This  will  provide  additional  financial  resources  to  the  Member  States  and  will 
make it easier to continue implementing the programmes on the ground. 

• 

General context 

There can be no doubt that the deepening financial crisis in some Member States is having a 
substantial effect on the real economy, given among other things the amount of accumulated 
debt and the difficulties encountered by the governments wishing to borrow money from the 
market at sustainable costs. 

The Commission has been very active in putting forward proposals for the best way to react to 
the current financial crisis and its socio-economic consequences. Its three proposals for these 
issues  have  been  adopted.  The  first  revises  Regulation  (EC)  No  1083/2006  laying  down 
general provisions on the European Regional Development Fund, the European Social Fund 
and the Cohesion Fund with a view to increasing the amount of the Union contribution which 
is  disbursed  through  interim  payments  and  payments  of  the  final  balance  by  up  to  10 
percentage points above the current limits (Regulation (EU) No 1311/2011 of 13 December 

EN 

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2011).  The  second  proposal  revises  Council  Regulation  (EC)  No  1698/2005  on  support  for 
rural development by the European Agricultural Fund for Rural Development with a view to 
increasing the Fund’s contribution rate up to 95 % in the regions eligible under Convergence 
objectives,  the  outermost  regions  and  the  smaller  Aegean  Islands  and  up  to  85 %  in  other 
regions  (Regulation  (EU)  No  1312/2011  of  19  December  2011).  The  third  one  revises 
Regulation  (EC)  No  1198/2006  on  the  European  Fisheries  Fund  allowing  for  an  increased 
amount of Union contribution to be disbursed through interim payments and payments of the 
final  balance  by  up  to  10  percentage  points  above  the  current  limits  (Regulation  (EU)  No 
387/2012 of 19 April 2012). 

• 

Provisions in force in the policy sphere of the proposal 

Article 14 of 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’ provides that the Union 
co-financing  rate  for  supported  actions  does  not  in  principle  exceed  50 %.  Article  14  also 
provides that this Union co-financing rate may be increased to 75 % if the Member State in 
question  is  covered  by  the  Cohesion  Fund  or  if  the  action  addresses  specific  priorities 
identified in the strategic guidelines. 

Article 15 of 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’  and  Article  13  of 
Council  Decision  2007/435/EC  of  25  June  2007  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’  have  identical  content  to  the 
abovementioned Article 14 of Decision No 573/2007/EC. 

Article  21(3)  of  Decision  No  573/2007/EC  provides  that  financial  assistance  from  the 
European  Refugee  Fund  for  emergency  measures  shall  not  exceed  80 %  of  the  cost  of  each 
measure. 

• 

Consistency with other policies and objectives of the Union 

The  proposal  is  consistent  with  other  proposals  and  initiatives  adopted  by  the  European 
Commission as a response to the financial crisis. 

2. 

• 

RESULTS  OF  CONSULTATIONS  OF  INTERESTED  PARTIES  AND 
IMPACT ASSESSMENTS 

Consultation of interested parties 

There was no consultation of external stakeholders. 

• 

Procurement and use of expertise 

Use of external expertise has not been necessary. 

• 

Impact analysis 

The proposal will allow the Commission to apply higher co-financing rates for the countries 
benefiting from one of the support mechanisms. 

EN 

3 

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There is no need for additional budget as the annual national allocation from the Funds for the 
countries and the programmes over the 2007-2013 programming period will not change. 

3. 

• 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposal 

It  is  proposed  to  modify  Article  14  and  Article  21(3)  of  Decision  No  573/2007/EC  of  the 
European Parliament and of the Council to allow the Union co-financing rate applicable to the 
European Refugee Fund programmes of the Member States concerned to be increased by 20 
percentage  points,  provided  they  are  benefiting  from  one  of  the  support  mechanisms. 
Similarly it is proposed to modify Article 15 of Decision No 575/2007/EC of the European 
Parliament and of the Council, as well as Article 13 of Council Decision 2007/435/EC. 

Once  a  decision  granting  financial  assistance  to  a  Member  State  under  one  of  the  support 
mechanisms has been taken, the Member State may submit to the Commission either a draft 
annual  programme  or  a  draft  revised  annual  programme  applying  the  increased  Union  co-
financing rate. 

To be entitled to apply the increased Union co-financing rate,  a  Member  State  must benefit 
from one of the support mechanisms at the time of submitting its draft annual programme or 
draft revised annual programme. However, once an action of a specific annual programme has 
been co-financed at the increased Union co-financing rate, it remains so until the end of the 
eligibility  period  of  the  related  annual  programme  whether  or  not  the  Member  State  still 
benefits from one of the support mechanisms. 

• 

Legal basis 

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’. 

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’. 

Council  Decision  2007/435/EC  of  25  June  2007  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’. 

Based  on  the  principle  of  shared  management  between  the  Commission  and  the  Member 
States,  these  Decisions  include  provisions  for  the  programming  process  as  well  as 
arrangements  for  programme  management  (including  financial  management),  monitoring, 
financial control and evaluation of projects. 

• 

Subsidiarity principle 

The proposal complies within the subsidiarity principle to the extent that it seeks to provide 
increased  support  through  the  Funds  for  certain  Member  States  undergoing  serious 
difficulties, particularly those facing problems in their economic growth and financial stability 
and  experiencing  a  deterioration  in  their  deficit  and  debt  positions  or  slowed  economic 

EN 

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growth, reflecting structural domestic challenges and the international economic and financial 
environment. In this context, it is necessary to establish at European Union level a temporary 
mechanism  which  allows  the  European  Union  to  co-finance  certified  expenditure  under  the 
Funds, using a higher co-financing rate. 

• 

Proportionality principle 

The proposal conforms to the proportionality principle: 

This proposal is indeed proportionate, since it goes a long way in providing increased support 
from  the  Funds  to  the  Member  States  that  are  in  difficulties  or  seriously  threatened  with 
severe difficulties caused  by exceptional occurrences beyond their control and falling  under 
the conditions of Council Regulation (EU) No 407/2010 (establishing the European Financial 
Stabilisation Mechanism (EFSM)), or receiving for the same reasons financial assistance from 
the  European  Financial  Stability  Facility  (EFSF)  or  the  European  Stability  Mechanism 
(ESM),  or  in  difficulties  or  seriously  threatened  with  difficulties  as  regards  their  balance  of 
payments  and  falling  under  the  conditions  of  Council  Regulation  (EC)  No  332/2002.  This 
would also apply to Greece, which received financial assistance under a particular agreement 
established  outside  the  support  mechanisms,  under  a  Intercreditor  Agreement  and  the  Euro 
Area Loan Facility Act. 

• 

Choice of instrument 

Proposed instrument: Decisions. 

Other instruments would not be appropriate for the following reasons: 

The Commission has explored the scope for manoeuvre provided by the legal framework and 
considers it necessary, in the light of experience gained so far, to propose amendments to the 
Decisions. The objective of this revision is to make the co-financing of actions easier, thereby 
accelerating  both  their  implementation  and  the  impact  of  such  investments  on  the  real 
economy. 

4. 

BUDGETARY IMPLICATION 

There is no impact on commitment appropriations since no modifications are proposed to the 
maximum  amounts  of  the  Funds'  financing  provided  for  in  the  annual  programmes  for  the 
programming period 2007-2013. 

The  proposal  shows  the  European  Commission's  willingness  to  assist  the  Member  States  in 
their efforts to deal with the financial crisis. The amendments will provide the Member States 
concerned with the necessary funds to support projects and economic recovery. 

EN 

5 

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2012/0252 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Decision No 573/2007/EC, Decision No 575/2007/EC and Council Decision 
2007/435/EC with a view to increasing the co-financing rate of the European Refugee 
Fund, the European Return Fund and the European Fund for the Integration of third-
country nationals as regards certain provisions relating to financial management for 
certain Member States experiencing or threatened with serious difficulties with respect 
to their financial stability 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 78(2) and Article 79(2) and (4) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Decision No 573/2007/EC of the European Parliament and of the Council of 23 May 
20071  established  the  European  Refugee  Fund,  Decision  No 575/2007/EC  of  the 
European  Parliament  and  of  the  Council  of  23 May  20072  established  the  European 
Return  Fund  and  Council  Decision  2007/435/EC  of  25  June  20073  established  the 
European  Fund  for  the  Integration  of  third-country  nationals,  as  part  of  the  General 
programme  ‘Solidarity  and  Management  of  Migration  Flows’.  They  provide  for 
different Union co-financing rates for actions supported by the Funds.  

The  unprecedented  global  financial  crisis  and  economic  downturn  have  seriously 
damaged economic growth and financial stability, provoking a marked deterioration in 
financial,  economic  and  social  conditions  in  several  Member  States.  Some  Member 
States  are  experiencing  serious  difficulties  or  are  threatened  with  such  difficulties, 
particularly  with  respect  to  their  financial  and  economic  stability,  leading  to 
deterioration  in  their  deficit  and  debt  positions  and  threatening  economic  growth 
heightened by the international economic and financial environment. 

(3)  While  important  actions  to  counterbalance  the  negative  effects  of  the  crisis  have 
already been taken, the impact of the financial crisis on the real economy, the labour 

1 
2 
3 

OJ L 144, 6.6.2007, p. 1. 
OJ L 144, 6.6.2007, p. 45. 
OJ L 168, 28.6.2007, p. 18. 

EN 

6 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

market  and  society  at  large  is  being  widely  felt.  Pressure  on  national  financial 
resources  is  increasing  and  further  steps  should  be  taken  rapidly  to  alleviate  that 
pressure through the maximal and optimal use of Union funding. 

Council  Regulation  (EC)  No  332/2002  of  18  February  2002  establishing  a  facility 
providing medium-term financial assistance for Member States’ balances of payments4 
provides  that  the  Council  is  to  grant  medium-term  financial  assistance  where  a 
Member  State  which  has  not  adopted  the  euro  is  in  difficulties  or  is  seriously 
threatened with difficulties as regards its balance of payments.  

Romania was granted such financial assistance by Council Decision 2009/459/EC5. 

On 9 May 2010 the Council adopted a comprehensive package of measures, including 
(a)  a  Council  Regulation  establishing 
the  European  Financial  Stabilisation 
Mechanism6  based  on  Article  122(2)  of  the  Treaty,  and  (b)  the  European  Financial 
Stability  Facility  to  provide  financial  support  to  euro-area  Member  States  in 
difficulties  caused  by  exceptional  circumstances  beyond  such  euro-area  Member 
States’ control, the aim being to safeguard the financial stability of the euro area as a 
whole as well as its Member States. 

Ireland  and  Portugal  were  granted  financial  assistance  by  the  European  Financial 
Stabilisation Mechanism under Council Implementing Decisions 2011/77/EU7 and No 
2011/344/EU8  respectively.  They  have  also  received  funds  from  the  European 
Financial Stability Facility.  

The Intercreditor Agreement and the Loan Facility Agreement for Greece, concluded 
on 8 May 2010, entered into force on 11 May 2010. On 12 March 2012, the finance 
ministers  of  the  17  euro-area  Member  States  interrupted  this  first  programme  and 
approved a second programme of financial assistance for Greece. It was decided that 
the  financial  vehicle  for  this  second  programme  would  be  the  European  Financial 
Stability Facility, which would also disburse the remaining amount to be contributed 
by the euro area under the first programme. 

On 2 February 2012, the finance ministers of the 17 euro-area Member States signed 
the  Treaty  establishing  the  European  Stability  Mechanism.  Under  that  Treaty,  which 
follows European Council Decision 2011/199/EU of 25 March 2011 amending Article 
136 of the Treaty on the Functioning of the European Union with regard to a stability 
mechanism  for  Member  States  whose  currency  is  the  euro9,  the  European  Stability 
Mechanism  will  become  the  primary  provider  of  financial  assistance  to  euro-area 
Member  States  as  of  its  entry  into  force  in  mid-2012.  Thus,  this  Decision  should 
already take the European Stability Mechanism into account. 

(10) 

In  its  conclusions  of  23  and  24  June  2011  the  European  Council  welcomed  the 
Commission’s  intention  to  enhance  the  synergies  between  the  loan  programme  for 

4 
5 

6 
7 
8 
9 

OJ L 53, 23.2.2002, p. 1. 
OJ  L  150,  13.6.2009,  p.  8.  Decision  as  last  amended  by  Council  Decision  2010/183/EU  (OJ  L  83, 
30.3.2010, p. 19). 
OJ L 118, 12.5.2010, p. 1. 
OJ L 30, 4.2.2011, p. 34. 
OJ L 159, 17.6.2011, p. 88. 
OJ L 91, 6.4.2011, p. 1. 

EN 

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(11) 

Greece and Union funds and supported efforts to increase Greece’s capacity to absorb 
Union funds in order to stimulate growth and employment by refocusing on improving 
competitiveness  and  job  creation.  Moreover,  it  welcomed  and  supported  the 
preparation by the Commission, together with the Member States, of a comprehensive 
programme  of  technical  assistance  to  Greece.  These  amendments  to  Decision  No 
573/2007/EC,  Decision  No  575/2007/EC  and  to  Council  Decision  2007/435/EC 
contribute to such efforts to enhance synergies. 

In view of the exceptional  circumstances, Regulation (EU) No  1083/2006/EU  laying 
down general provisions on the European Regional Development Fund, the European 
Social Fund and the Cohesion Fund was amended by Regulation (EU) No 1311/2011 
to allow for an increase in the co-financing rate applied under the Structural Funds and 
the  Cohesion  Fund  for  Member  States  which  are  facing  serious  difficulties  with 
respect  to  their  financial  stability10.  A  similar  approach  was  adopted  towards  those 
same  Member  States  in  the  framework  of  the  European  Agricultural  Fund  for  Rural 
Development  (Regulation  (EU)  No  1312/2011  amending  Regulation  (EC)  No 
1698/2005)11 and in the framework of the European Fisheries Fund (Regulation (EU) 
No  387/2012  amending  Council  Regulation  (EC)  No  1198/2006)12.  Likewise,  those 
Member  States  should  also  be  supported  in  the  framework  of  the  four  Funds 
established  as  part  of  the  General  Programme  on  ‘Solidarity  and  Management  of 
Migration Flows’, namely the External Borders Fund, the European Return Fund, the 
European  Refugee  Fund  and  the  European  Fund  for  the  Integration  of  third-country 
nationals (hereinafter referred to as ‘the Funds’) established for the period 2007-2013. 

(12)  The Funds are key tools for helping Member States tackle important challenges in the 
area  of  migration,  asylum  and  external  borders  such  as  the  development  of  a 
comprehensive  Union  immigration  policy  to  enhance  the  competitiveness  and  social 
cohesion of the Union and the creation of a Common European Asylum System. 

(13)  To make European Union funding easier to manage in the area of migration, asylum 
and external borders and to improve the availability of funding for the Member States 
to  implement  their  annual  programmes  under  the  Funds,  it  is  necessary,  on  a 
temporary  basis  and  without  prejudice  to  the  2014-2020  programming  period,  to 
arrange for an increase in the Union co-financing rate under the Funds, by an amount 
corresponding  to  twenty  percentage  points  above  the  co-financing  rates  currently 
applicable,  for  Member  States  experiencing  serious  difficulties  with  respect  to  their 
financial  stability.  This  means  that  the  Funds’  annual  national  allocation  pursuant  to 
the  basic  acts  will  remain  unchanged  while  national  co-financing  will  be  reduced 
accordingly.  Ongoing  annual  programmes  will  need  to  be  revised  to  reflect  the 
changes resulting from the application of the increased Union co-financing rate. 

(14)  Any  Member  State  seeking  to  benefit  from  the  increased  co-financing  rate  should 
provide  the  Commission  with  a  written  statement  together  with  its  draft  annual 
programme  or  draft  revised  annual  programme.  In  its  statement,  the  Member  State 
concerned  should  provide  a  reference  to  the  relevant  Council  Decision  or  to  any 
relevant decision making it eligible to benefit from the increased Union co-financing 
rate. 

10 
11 
12 

OJ L 337, 20.12.2011, p. 5. 
OJ L 339, 21.12.2011, p. 1. 
OJ L 129, 16.5.2012, p. 7. 

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(15)  The  unprecedented  crisis  affecting  international  financial  markets  and  the  economic 
downturn have seriously damaged the financial stability of several Member States. As 
a  rapid  response  is  necessary  to  counter  the  effects  on  the  economy  as  a  whole,  this 
Decision should enter into force as soon as possible. 

(16)  Decision  No  573/2007/EC,  Decision  No  575/2007/EC  and  Council  Decision 
2007/435/EC  should  therefore  be  amended  accordingly.  When  reference  is  made  to 
Article 14 or Article 21(3) of Decision No 573/2007/EC, to Article 15 of Decision No 
575/2007/EC, to Article 13 of Council Decision 2007/435/EC or to the percentage of 
Union  contribution  provided  therein,  this  should  be  construed  as  a  reference  to  the 
revised  Article  14,  Article  21(3),  Article  15,  Article  13  and  to  the  —  possibly 
increased — percentage of the Union contribution. 

(17) 

(18) 

In  accordance  with  Article  3  of  the  Protocol  on  the  position  of  the  United  Kingdom 
and  Ireland  in  respect  of  the  area  of  freedom,  security  and  justice,  annexed  to  the 
Treaty  on  European  Union  and  to  the  Treaty  on  the  Functioning  of  the  European 
Union, and without prejudice to Article 4 of that Protocol, Ireland [is not taking part in 
the adoption of this Decision and is not bound by it or subject to its application / has 
notified its wish to take part in the adoption and application of this Decision]. 

In  accordance  with  Article  3  of  the  Protocol  on  the  position  of  the  United  Kingdom 
and  Ireland  in  respect  of  the  area  of  freedom,  security  and  justice,  annexed  to  the 
Treaty  on  European  Union  and  to  the  Treaty  on  the  Functioning  of  the  European 
Union, and without prejudice to Article 4 of that Protocol, the United Kingdom [is not 
taking  part  in  the  adoption  of  this  Decision  and  is  not  bound  by  it  or  subject  to  its 
application / has notified its wish to take part in the adoption and application of this 
Decision]. 

(19) 

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

HAVE ADOPTED THIS DECISION: 

Article 1 

Decision No 573/2007/EC is amended as follows: 

(1) In Article 14, paragraph 4 is replaced by the following:  

The  Union  contribution  to  supported  projects,  as  regards  actions  implemented  in  the 

‘4. 
Member States under Article 3, shall not exceed 50 % of the total cost of a specific action. 

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

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

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The Union contribution may be increased by 20 percentage points provided that the Member 
State  meets  one  of  the  following  conditions  at  the  time  of  submission  of  its  draft  annual 
programme  in  accordance  with  Article  20(3)  of  this  Decision  or  draft  revised  annual 
programme in accordance with Article 23 of Commission Decision 2008/22/EC*: 

(a)  medium-term  financial  assistance  is  made  available  to  it  in  accordance  with 

Council Regulation (EC) No 332/2002**; 

(b) 

(c) 

financial  assistance  is  made  available  to  it  in  accordance  with  Council 
Regulation (EU) No 407/2010*** or financial assistance is made available to it 
by  other  euro  area  Member  States  before  the  entry  into  force  of  that 
Regulation; 

the 
financial  assistance 
intergovernmental  agreement  reached  establishing  the  European  Financial 
Stability Facility or the Treaty establishing the European Stability Mechanism. 

in  accordance  with 

is  made  available 

to 

it 

The  Member  State  concerned  shall  submit  a  written  statement  to  the  Commission  together 
with its draft annual programme or draft revised annual programme confirming that it meets 
one of the conditions referred to in points (a), (b) or (c) of the fourth subparagraph. 

A  project  co-financed  at  the  increased  rate  may  remain  so  whether  or  not  one  of  the 
conditions  referred  to  in  points  (a),  (b)  or  (c)  of  the  fourth  subparagraph  is  still  met  in  the 
course of the implementation of the related annual programme. 

_______ 

* 

OJ L 167, 27.06.2008, p. 1. 

** 

OJ L 53, 12.5.2010, p. 1. 

***  OJ L 118, 12.5.2010, p. 1.’ 

(2) In Article 21, paragraph 3 is replaced by the following: 

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

Financial  assistance  may  be  increased  by  20  percentage  points  provided  that  the  Member 
State meets one of the conditions referred to in points (a), (b) or (c) of the fourth subparagraph 
of Article 14(4) of this Decision at the time of submission of the application for emergency 
measures  referred  to  in  paragraph  2  of  this  Article  or  at  the  time  of  submission  of  its  draft 
revised annual programme in accordance with Article 23 of Decision 2008/22/EC. 

The  Member  State  concerned  shall  submit  a  written  statement  to  the  Commission  together 
with  the  application  for  the  emergency  measures  or  its  draft  revised  annual  programme 
confirming that it meets one of the conditions referred to in points (a), (b) or (c) of the fourth 
subparagraph of Article 14(4). 

A  project  co-financed  at  the  increased  rate  may  remain  so  whether  or  not  one  of  the 
conditions  referred  to  in  points  (a),  (b)  or  (c)  of  the  fourth  subparagraph  of  Article  14(4)  is 
still met in the course of the implementation of the related emergency measures.’ 

EN 

10 

   EN 

 
Article 2 

In Article 15 of Decision No 575/2007/EC, paragraph 4 is replaced by the following: 

The  Union  contribution  to  supported  projects,  as  regards  actions  implemented  in  the 

‘4. 
Member States under Article 3 shall not exceed 50 % of the total cost of a specific action. 

This  may  be  increased  to  75 %  for  projects  addressing  specific  priorities  identified  in  the 
strategic guidelines referred to in Article 18. 

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

The Union contribution may be increased by 20 percentage points provided that the Member 
State  meets  one  of  the  following  conditions  at  the  time  of  submission  of  its  draft  annual 
programme  in  accordance  with  Article  21(3)  of  this  Decision  or  draft  revised  annual 
programme in accordance with Article 23 of Commission Decision 2008/458/EC*: 

(a)  medium-term  financial  assistance  is  made  available  to  it  in  accordance  with 

Council Regulation (EC) No 332/2002**; 

(b) 

(c) 

financial  assistance  is  made  available  to  it  in  accordance  with  Council 
Regulation (EU) No 407/2010*** or financial assistance is made available to it 
by  other  euro  area  Member  States  before  the  entry  into  force  of  that 
Regulation; 

financial  assistance 
the 
intergovernmental  agreement  reached  establishing  the  European  Financial 
Stability Facility or the Treaty establishing the European Stability Mechanism. 

in  accordance  with 

is  made  available 

to 

it 

The  Member  State  concerned  shall  submit  a  written  statement  to  the  Commission  together 
with its draft annual programme or draft revised annual programme confirming that it meets 
one of the conditions referred to in points (a), (b) or (c) of the fourth subparagraph. 

A  project  co-financed  at  the  increased  rate  may  remain  so  whether  or  not  one  of  the 
conditions  referred  to  in  points  (a),  (b)  or  (c)  of  the  fourth  subparagraph  is  still  met  in  the 
course of the implementation of the related annual programme. 

_______ 

* 

OJ L 167, 27.06.2008, p. 135. 

** 

OJ L 53, 12.5.2010, p. 1. 

***  OJ L 118, 12.5.2010, p. 1.’ 

Article 3 

In Article 13 of Decision 2007/435/EC, paragraph 4 is replaced by the following: 

The  Union  contribution  to  supported  projects,  as  regards  actions  implemented  in  the 

‘4. 
Member States under Article 4, shall not exceed 50 % of the total cost of a specific action. 

EN 

11 

   EN 

 
This  may  be  increased  to  75 %  for  projects  addressing  specific  priorities  identified  in  the 
strategic guidelines as defined in Article 16. 

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

The Union contribution may be increased by 20 percentage points provided that the Member 
State  meets  one  of  the  following  conditions  at  the  time  of  submission  of  its  draft  annual 
programme  in  accordance  with  Article  19(3)  of  this  Decision  or  draft  revised  annual 
programme in accordance with Article 23 of Commission Decision 2008/457/EC*: 

(a)  medium-term  financial  assistance  is  made  available  to  it  in  accordance  with 

Council Regulation (EC) No 332/2002**; 

(b) 

(c) 

financial  assistance  is  made  available  to  it  in  accordance  with  Council 
Regulation (EU) No 407/2010*** or financial assistance is made available to it 
by  other  euro  area  Member  States  before  the  entry  into  force  of  that 
Regulation; 

financial  assistance 
the 
intergovernmental  agreement  reached  establishing  the  European  Financial 
Stability Facility or the Treaty establishing the European Stability Mechanism. 

in  accordance  with 

is  made  available 

to 

it 

The  Member  State  concerned  shall  submit  a  written  statement  to  the  Commission  together 
with its draft annual programme or draft revised annual programme confirming that it meets 
one of the conditions referred to in points (a), (b) or (c) of the fourth subparagraph. 

A  project  co-financed  at  the  increased  rate  may  remain  so  whether  or  not  one  of  the 
conditions  referred  to  in  points  (a),  (b)  or  (c)  of  the  fourth  subparagraph  is  still  met  in  the 
course of the implementation of the related annual programme. 

_______ 

* 

OJ L 167, 27.06.2008, p. 69. 

** 

OJ L 53, 12.5.2010, p. 1. 

***  OJ L 118, 12.5.2010, p. 1.’ 

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

Article 4 

EN 

12 

   EN 

 
Article 5 

This Decision is addressed to the Member States in accordance with the Treaties. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

13 

   EN