Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Decision No 574/2007/EC with a view to increasing the co-financing rate of the External Borders Fund 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, border control, co-financing, economic stabilisation, external border of the EU, fund (EU)

EUROPEAN COMMISSION 

Brussels, 20.9.2012  
COM(2012) 527 final 

2012/0253 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Decision No 574/2007/EC with a view to increasing the co-financing rate of the 
External Borders Fund for certain Member States experiencing or threatened with 
serious difficulties with respect to their financial stability  

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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, 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  current 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  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 
(under the BoP), Portugal, Greece and Ireland (under 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. 

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  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  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 

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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 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 16 of Decision No 574/2007/EC of the European Parliament and of the Council of 23 
May 2007 establishing the External Borders Fund for the period 2007 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  16  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. 

• 

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.  

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 16 of Decision No 574/2007/EC of the European Parliament 
and  of  the  Council  to  allow  the  Union  co-financing  rate  applicable  to  the  External  Borders 

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Fund programmes of the Member States concerned to be increased by 20 percentage points, 
provided they are benefiting from one of the support mechanisms.  

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  

The legal basis is Decision No 574/2007/EC of the European Parliament and of the Council of 
23 May 2007 establishing the External Borders Fund for the period 2007 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,  this 
Decision  includes  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 
notably with respect to their economic and financial stability and faced with a deterioration in 
their  deficit  and  debt  positions  or  slowed  economic  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 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 those 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  an  Intercreditor  Agreement  and  the  Euro 
Area Loan Facility Act.  

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• 

Choice of instrument  

Proposed instrument: Decision. 

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 
Decision. 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  necessary  to  support  projects  and  economic  recovery.

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2012/0253 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Decision No 574/2007/EC with a view to increasing the co-financing rate of the 
External Borders Fund 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 
Article 77(2) 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 574/2007/EC of the European Parliament and of the Council of 23 May 
20071 establishes the External Borders Fund for the period 2007 to 2013 as part of the 
General  programme  ‘Solidarity  and  Management  of  Migration  Flows’  and  provides 
for different Union co-financing rates for actions supported by the Fund.  

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 
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. 

(4) 

Council  Regulation  (EC)  No  332/2002  of  18  February  2002  establishing  a  facility 
providing medium-term financial assistance for Member States’ balances of payments2 
provides  that  the  Council  is  to  grant  medium-term  financial  assistance  where  a 

1 
2 

OJ L 144, 6.6.2007, p. 22. 
OJ L 53, 23.2.2002, p. 1. 

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(5) 

(6) 

(7) 

(8) 

(9) 

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/EC3.  

On 9 May 2010 the Council adopted a comprehensive package of measures, including 
(a)  a  Council  Regulation  establishing 
the  European  Financial  Stabilisation 
Mechanism4  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 with 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 No 2011/77/EU5 and 
No  2011/344/EU6  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  euro7,  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 
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.  This  amendment  to  Decision  No 
574/2007/EC contributes to such efforts to enhance synergies.  

3 

4 
5 
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7 

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. 

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(11) 

In view of the exceptional circumstances, Regulation (EU) No 1083/2006 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 stability8. 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)9  and  in 
the  framework  of  the  European  Fisheries  Fund  (Regulation  (EU)  No  387/2012 
amending Council Regulation (EC) No 1198/2006)10. Likewise, those Member States 
should  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 in accordance 
with 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.  

(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 574/2007/EC should therefore be amended accordingly. When reference 
is  made  to  Article  16  of  Decision  No  574/2007/EC  or  to  the  percentage  of  Union 

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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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contribution  provided  therein,  this  should  be  construed  as  a  reference  to  the  revised 
Article 16 and to the — possibly increased — percentage of the Union contribution.  

(17)  As  regards  Iceland  and  Norway,  this  Decision  constitutes  a  development  of  the 
Schengen acquis which falls within the areas referred to in Article 1, Points A and B 
of Council Decision No 1999/437/EC of 17 May 1999 on certain arrangements for the 
application of the Agreement concluded by the Council of the European Union and the 
Republic of Iceland and the Kingdom of Norway concerning the association of those 
two  States  with  the  implementation,  application  and  development  of  the  Schengen 
acquis11.  

(18)  As regards Switzerland,  this Decision constitutes a  development of provisions of the 
Schengen acquis within the meaning of the Agreement between the European Union, 
the European Community and the Swiss Confederation on the latter’s association with 
the  implementation,  application  and  development  of  the  Schengen  acquis  which  fall 
within  the  area  referred  to  in  Article  1,  Points  A  and  B  of  Council  Decision  No 
1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC on 
the conclusion, on behalf of the European Community, of the Agreement12. 

the  Swiss  Confederation  and 

(19)  As regards Liechtenstein, this Decision constitutes a development of the provisions of 
the Schengen acquis within the meaning of the Protocol between the European Union, 
the  European  Community, 
the  Principality  of 
Liechtenstein  on  the  accession  of  the  Principality  of  Liechtenstein  to  the  Agreement 
between the European Union, the European Community and the Swiss Confederation 
on  the  Swiss  Confederation’s  association  with  the  implementation,  application  and 
development of the Schengen acquis which fall within the area referred to in Article 1, 
Points A and B of Council Decision No 1999/437/EC read in conjunction with Article 
3 of Council Decision 2011/350/EU on the conclusion, on behalf of the Union, of the 
Protocol13.  

(20)  Under  the  Protocol  on  the  position  of  Denmark,  annexed  to  the  treaty  on  European 
Union  and the  Treaty on the Functioning of the European Union, Denmark does not 
take  part  in  the  adoption  by  the  Council  of  the  measures  pursuant  to  Title  V  of  Part 
Three of the Treaty on the Functioning of the European Union, with the exception of 
‘measures determining the third countries whose nationals must be in possession of a 
visa when crossing the external borders of the Member States, or measures relating to 
a uniform format for visas’. This Decision builds on the Schengen acquis, and under 
Article  4  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 shall decide within a period of six months after the Council has decided on a 
proposal or initiative to build upon the Schengen acquis under the Provisions of Title 
V  of  Part  Three  of  the  Treaty  on  the  Functioning  of  the  European  Union  whether  it 
will implement this Decision in its national law.  

(21)  This Decision constitutes a development of the provisions of the Schengen acquis in 
which  the  United  Kingdom  does  not  take  part,  in  accordance  with  Council  Decision 
2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great 

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OJ L 176, 10.7.1999, p. 31. 
OJ L 53, 27.2.2008, p. 1. 
OJ L 160, 18.6.2011, p. 19. 

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Britain  and  Northern  Ireland  to  take  par  in  some  of  the  provisions  of  the  Schengen 
acquis  and  the  subsequent  Council  Decision  2004/926/EC  of  22  December  2004  on 
the  putting  into  effects  of  parts  of  the  Schengen  acquis  by  the  United  Kingdom  of 
Great Britain and Northern Ireland. The United Kingdom is therefore not taking part in 
its adoption and is not bound by it or subject to its application.  

(22)  This Decision constitutes a development of the provisions of the Schengen acquis in 
which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 
28  February  2002  concerning  the  request  of  Ireland  to  take  par  in  some  of  the 
provisions of the Schengen acquis. Ireland is therefore not taking part in its adoption 
and is not bound by it or subject to its application.  

HAVE ADOPTED THIS DECISION: 

Article 1 

In Article 16 of Decision No 574/2007/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 4 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 20. 

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 concerned meets one of the following conditions at the time of submission of its draft 
annual programme in accordance with Article 23(3) of this Decision or draft revised annual 
programme in accordance with Article 23 of Commission Decision 2008/456/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. 

________ 

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* 

OJ L 167, 27.6.2008, p. 1. 

** 

OJ L 53, 23.2.2002, 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 2 

Article 3 

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 

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