COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council establishing the Internal Security Fund
Date: 2021-06-21
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: area of freedom, security and justice, computer crime, cross-border cooperation, exchange of information, fight against crime, fund (EU), help for victims, organised crime, terrorism

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 21.6.2021  COM(2021) 330 final 2018/0250 (COD)  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT  pursuant to Article 294(6) of the Treaty on the Functioning of the European Union  concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council establishing the Internal Security Fund  
 
2018/0250 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council establishing the Internal Security Fund 

1. 

BACKGROUND 

Date of transmission of the proposal to the European Parliament and 
to the Council 
(document COM(2018) 472 final – 2018/0250 COD): 

13 June 2018 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

17 October 2018 

Date of the position of the European Parliament, first reading: 

13 March 2019 

Date of adoption of the partial general approach of the Council: 

7 June 2019 

Date of adoption of the general approach of the Council: 

12 October 2020 

Date of fifth trilogue where provisional political agreement on key 
political points was reached: 

10 December 2020 

Date of the adoption of the position of the Council: 

14 June 2021 

2. 

OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION 

In  the  context  of  the  2021-2027  Multiannual  Financial  Framework,  the  Commission 
submitted its proposal for a renewed and reinforced Internal Security Fund (ISF) to contribute 
to  a  high  level  of  security  in  the  EU.  The  proposal  aimed  at  reinforcing  the  overall  Union 
budget for internal security. 

The  Fund  acknowledges  and  addresses  that  internal  security  has  an  inherently  cross-border 
dimension and that a strong, coordinated response is required at EU level. The Fund aims to 
increase the level of security in the EU in particular by preventing and combating terrorism, 
radicalisation,  serious  and  organised  crime,  and  cybercrime,  by  assisting  and  protecting 
victims of crime and by preparing for, protecting against and effectively managing security-
related incidents, risks and crises.  

As identified during the previous programming period, greater flexibility in the management of 
the preceding fund was needed to better support its objectives. While providing such flexibility, 
the  proposal  for  the  new  Fund  also  ensured  that  funding  will  be  steered  towards  Union 
priorities  and  actions  with  a  significant  benefit  to  the  Union.  New  mechanisms  for  the 

EN 

1 

  EN 

 
 
 
 
allocation  of  funding  for  shared,  direct  and  indirect  management  were  therefore  proposed  to 
address changing operational challenges and priorities. 

3. 

COMMENTS ON THE POSITION OF THE COUNCIL 

The  position  of  the  Council  as  adopted  in  the  first  reading  fully  reflects  the  political 
agreement  reached  between  the  European  Parliament,  the  Council,  and  the  Commission,  as 
concluded on 10 December 2020. The main points of this agreement were: 

Objectives  and  recital  on  intelligence  cooperation:  Agreement  was  reached  to  include  a 
recital instead of a new, fourth specific objective on intelligence cooperation. 

Budget:  The  financial  envelope  was  aligned  with  the  amounts  agreed  for  the  2021-2027 
Multiannual  Financial  Framework,  i.e.  EUR  1.9  billion  in  current  prices.  The  Thematic 
Facility’s share of the total financial envelope was reduced from 40% to 30%. Moreover, the 
Commission’s proposal on the conditionality for receiving additional funding at the mid-term 
review phase was retained. As proposed, a Member State must submit payment applications 
covering at  least  10% of the initial allocation for its programme to  be eligible to  receive an 
additional allocation for its programme in the mid-term review. 

Minimum  percentages:  Minimum  percentages  for  the  allocation  of  funds  towards  the 
specific objectives, as follows:   

(a) 

(b) 

At least 10% of the resources to Member State programmes allocated to the specific 
objective on information exchange;   

At least 10% of the resources to Member State programmes allocated to the specific 
objective on operational cooperation. 

Member States may deviate from  the minimum funding percentages in  their programmes in 
duly justified cases. 

Scope of support: The eligible actions under the Fund’s objectives listed in Annex III to the 
ISF will be managed as follows: 

(a) 

(b) 

Annex  III  remains  an  open  list  for  the  purposes  of  the  programmes  drawn  up  by 
Member States;  

For the purposes of the thematic facility programmes, Annex III will remain an open 
list. This agreement allowed for flexibility concerning the actions to be taken, as the 
Commission will not be restricted to actions listed in Annex III, but it will have the 
possibility for a broader scope of actions to address newly emerging security threats.  

Third countries and external dimension of the Fund: Agreement was reached on the basis 
of the following:  

(a) 

(b) 

Further  safeguards  included  for  actions  in  and  in  relation  to  third  countries  (e.g. 
Member State projects in or in relation to third countries need prior approval of the 
Commission,  and  eligible  entities  established  in  third  countries  may  only  receive 
funding  if  they  are  part  of  a  consortium  with  at  least  one  entity  established  in  a 
Member State);  

Provisions  included  to  highlight  the  internal  nature  of  the  Fund  and  that,  while 
actions  in  or  in  relation  to  third  countries  remain  possible,  the  programmes  must 
primarily serve internal Union policy. 

EN 

2 

  EN 

 
Financing of decentralised agencies: Decentralised agencies may exceptionally be  eligible 
for funding under Union actions, when such actions fall within the agencies’ competences and 
are not covered by the Union’s contribution to the budget of the agencies. 

Adoption procedures for implementing acts: Work programmes of the thematic facility to 
be  adopted  by  implementing  acts  under  the  examination  procedure  (with  the  ‘no  opinion 
clause’). The faster procedure of immediately applicable implementing acts was included for 
emergency assistance. The adoption of the template for the annual performance report will be 
adopted through an implementing act subject to the advisory procedure.  

The  thematic  facility:  The  Commission  shall  report  on  the  use  and  distribution  of  the 
thematic facility between its components, including on the support provided actions in or in 
relation  to  third  countries  under  Union  actions.  When,  on  the  basis  of  the  information 
presented to it, the European Parliament makes recommendations for actions to be supported 
under  the  thematic  facility,  the  Commission  shall  endeavour  to  take  such  recommendations 
into account. 

Non-eligible  actions  which  should  be  eligible  in  emergency  situations:  Agreement  was 
reached  that  only  actions  limited  to  the  maintenance  of  public  order  at  national  level  could 
become eligible for funding in the case of an emergency situation. 

Operating support:  The percentage of the allocation that may go to operating support was 
increased to 20 % (from 10 % in the Commission proposal). 

Maximum percentage for equipment, means of transport and security relevant facilities 
and eligibility of standard equipment: The percentage of the allocation that Member States 
can spend on equipment, means of transport and security relevant facilities was raised to 35 % 
(from 15 % in the Commission proposal). It was also agreed to include only a recital and not 
an article as regards the non-eligibility of standard equipment, means of transport and security 
relevant facilities. 

Multi-purpose equipment: It was agreed that the Fund could finance equipment that can also 
be used for border management and visa purposes, as long as the primary purpose is internal 
security. 

International  organisations:  New  provisions  on  the  audit  and  control  of  international 
organisation were integrated in the text. 

Performance  indicators:  Result  and  output  indicators  in  Annexes  V  and  VIII  were 
streamlined. 

Retroactivity: Retroactivity provisions were included to take into account that the act would 
not be  adopted before the end of 2020. 

Overall,  the  agreement  reached  preserves  the  objectives  of  the  Commission’s  original 
proposal,  although  possibly  with  slightly  less  flexibility  and  simplification  than  initially 
proposed.  The  agreement  maintains  the  same  level  of  ambition  as  the  initial  proposal  and 
provides a workable legal base for the implementation of the Fund’s objectives.  

The Commission  signalled, in  the last political  trilogue on 10  December  2020, that it could 
accept elements agreed between the European Parliament and the Council for the purposes of 
reaching an overall final agreement. 

EN 

3 

  EN 

 
 
4. 

CONCLUSION 

The Commission accepts the position taken by the Council. 

EN 

4 

  EN