Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) No 514/2014 laying down general provisions on the Asylum, Migration and Integration Fund amending Regulation (EU) 514/2014 laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management and amending Regulation (EU) No 516/2014 establishing the Asylum, Migration and Integration Fund and amending Regulation (EU) 2021/1147 establishing the Asylum, Migration and Integration Fund
Date: 2022-03-08
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU expenditure, EU migration policy, Russia, Ukraine, budgetary expenditure, forced migration, integration of migrants, internally displaced person, migratory movement, military intervention

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   EUROPEAN COMMISSION  Brussels, 8.3.2022  COM(2022) 112 final 2022/0077 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) No 514/2014 laying down general provisions on the Asylum, Migration and Integration Fund amending Regulation (EU) 514/2014 laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management and amending Regulation (EU) No 516/2014 establishing the Asylum, Migration and Integration Fund and amending Regulation (EU) 2021/1147 establishing the Asylum, Migration and Integration Fund  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The invasion of Ukraine by the Russian Federation on 24 February 2022 led to a mass influx 
of  displaced  persons  from  Ukraine  to  several  EU  Member  States.  This  places  renewed 
pressure on the financial resources of Member States to deal with urgent migration and border 
management needs. While the increased migratory pressure, including reception and asylum 
processing  procedures,  is  already  being  felt  acutely  in  the  Member  States  that  share  a  land 
border with Ukraine, the needs are spreading further afield throughout the whole territory of 
the European Union and will persist beyond 2022.  

The  overall  objective  of  this  proposal  is  to  support  Member  States  to  address  the 
consequences of the war in Ukraine, by facilitating access to unspent financial resources  for 
the  2014-2020  programming  period  under  the  Asylum,  Migration  and  Integration  Fund1 
(“AMIF”)  and  the  Internal  Security  Fund  insofar  as  it  concerns  the  instrument  for  financial 
support  for  external  borders  and  visa,2  as  well  as  the  Internal  Security  Fund  insofar  as  it 
concerns  the  instrument  for  financial  support  for  police  cooperation,  preventing  and 
combating  crime,  and  crisis  management3  (hereinafter:  the  “Home  Affairs  Funds  2014-
2020”). This proposal intends to maximise the scope of use of those funds, by extending the 
eligibility period and unblocking access to unspent earmarked resources, thereby avoiding the 
loss of unused funding due to decommitment.   

On 4 March 2022, Council Implementing Decision (EU) 2022/382 was adopted establishing 
the  existence  of  a  mass  influx  of  displaced  persons  from  Ukraine  within  the  meaning  of 
Article 5 of Directive 2001/55/EC4, and having the effect of introducing temporary protection. 
This Implementing Decision clarifies (in Recital 22) that efforts of Member States to comply 
with  the  obligations  deriving  under  it  and  to  offer  temporary  protection  will  be  supported, 
inter  alia,    by  that  the  Asylum,  Migration  and  Integration  Fund  set  up  by  Regulation  (EU) 
2021/11475  (“AMIF  2021-2027”).  An  extension  of  the  implementation  period  of  the  Home 
Affairs Funds 2014-2020 could also offer Member States additional flexibility for supporting 
measures  undertaken  in  accordance  with  this  Council  Directive  2001/55/EC  on  minimum 
standards  for  giving  temporary  protection  to  address  the  mass  influx  of  displaced  persons 
from Ukraine. 

This overall flexibility is necessary in order to ensure a comprehensive approach to migration 
management, grounded on mutual trust, solidarity and responsibility sharing between Member 

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Regulation  (EU)  No 516/2014  of  the  European  Parliament  and  of  the  Council  of  16 April  2014  establishing  the 
Asylum,  Migration  and  Integration  Fund,  amending  Council  Decision  2008/381/EC  and  repealing  Decisions 
No 573/2007/EC  and  No 575/2007/EC  of  the  European  Parliament  and  of  the  Council  and  Council  Decision 
2007/435/EC (OJ L 150, 20.5.2014, p. 168). 
Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part 
of  the  Internal  Security  Fund,  the  instrument  for  financial  support  for  external  borders  and  visa  and  repealing 
Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143). 
Regulation (EU) No 513/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part 
of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating 
crime, and crisis management and repealing Council Decision 2007/125/JHA (OJ L 150, 20.5.2014, p. 93).  
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event 
of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in 
receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12). 
Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, 
Migration and Integration Fund (OJ L 251, 15.07.2021. p. 1). 

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States  and  Union  institutions,  to  ensure  a  common  sustainable  Union  policy  on  asylum, 
migration,  security  and  border  management,  and  to  strengthen  confidence  in  the  Union’s 
ability to bring together European and national efforts to work in an effective way. 

Extension of the implementation period of the Home Affairs Funds 2014-2020 

The  purpose  of  this  proposal  is  to  extend,  by  1 year,  the  implementation  period  of  the 
Home  Affairs  Funds  for  2014-2020.  This  extension  will  be  achieved  by  amending 
Regulation (EU) 514/2014 of 16 April 2014 laying down general provisions on the Asylum, 
Migration  and  Integration  Fund  and  on  the  instrument  for  financial  support  for  police 
cooperation,  preventing  and  combating  crime,  and  crisis  management6,  which  sets  out 
provisions  of  application  to  the  Home  Affairs  Funds  2014-2020.  This  extension  will  enable 
Member States to urgently utilise remaining funds to help address the increased pressure on 
their  border  and  migration  management  systems  arising  from  the  invasion  in  Ukraine.  The 
mass influx of persons to the EU Member States also gives rise to additional security needs, 
which could equally benefit from remaining funds. 

Unlocking access to unspent earmarked resources under the AMIF 2014-2020 

Furthermore,  this  proposal  seeks  to  unblock  access  to  unspent  amounts  previously 
earmarked for certain specific purposes under the AMIF, to enable Member States to better 
address the increased pressure on their asylum and migration management systems stemming 
from  the  invasion  of  Ukraine.  This  access  will  be  provided  by  amending  Regulation  (EU) 
516/2014 of 16 April 2014 establishing the AMIF and laying down provisions for its use. 

Enabling the use of External Assigned Revenue under the AMIF 2021-2027 

To  enhance  the  scope  of  available  funding  sources  to  help  deal  with  unforeseeable  future 
events, the proposal intends to provide Member States and other public or private donors with 
the  possibility,  under  the  2021-2027  programming  period,  to  make  additional  financial 
contributions to asylum and migration management in the form of external assigned revenue. 
This  external  assigned revenue  will constitute a  dedicated  contribution  from  Member States 
and other public or private donors to finance specific items of expenditure under the Asylum, 
Migration and Integration Fund for 2021-2027.  The addition of this potential funding source 
will be provided by amending Regulation (EU) 2021/11477 establishing the AMIF and laying 
down provisions for its use. It will allow an added preparedness measure for funding asylum 
and  migration  activities  in  Member  States  during  crises  such  as  those  arising  from  the 
invasion of Ukraine. 

• 

Consistency with existing policy provisions in the policy area 

The proposal is consistent with the overall legal framework established for the Home Affairs 
Funds 2014-2020 and is limited to a targeted amendment of specific provisions in Regulation 
(EU) No 514/2014  and  Regulation  (EU) No 516/2014  to  address  the urgent  and exceptional 
circumstances  arising  from  the  invasion  of  Ukraine.  Furthermore,  the  possibility  to  assign 
revenue to specific items of expenditure is provided for by Article 21(5) of Regulation (EU, 

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OJ L 150, 20.5.2014, p. 112. Its title can seem misleading on the application, but this Regulation also applies to the 
instrument for external borders and visa, pursuant to Article 1(3) of Regulation (EU) 515/2014 in conjunction with 
Article 2, point (a) of Regulation (EU) 514/2014. 
Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, 
Migration and Integration Fund (OJ L 251, 15.07.2021. p. 1). 

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Euratom) 2018/1046 (the ‘Financial Regulation’), applicable to all EU funding in the relevant 
policy area8. 

• 

Consistency with other Union policies 

The proposal is limited to targeted amendments of Regulation (EU) 514/2014 and Regulation 
(EU) 516/2014 to address the urgent and exceptional circumstances arising from the invasion 
of  Ukraine,  and  maintains  consistency  with  other  Union  policies.  Tackling  the  outbreak  of 
violence in Ukraine and the ensuing refugee movements has been consistently identified as a 
top  Union priority.  The  proposed  approach  is  also consistent with  the implementation  cycle 
(‘N+3  rule’)  set  out  in  Article 136  of  Regulation  (EU)  No 1303/20139  laying  down  the 
Cohesion  Fund,  the  European  Agricultural  Fund  for  Rural  Development  and  the  European 
Maritime and Fisheries Fund and laying down general provisions on the European Regional 
Development  Fund,  the  European  Social  Fund,  the  Cohesion  Fund  and  the  European 
Maritime and Fisheries Fund. Furthermore, the use of external assigned revenue is consistent 
with  the  approach  used  in  other  funding  instruments  where  resilience  and  preparedness  are 
important factors, such as Council Regulation (EU) 2020/2094 establishing a European Union 
Recovery Instrument to support the recovery in the aftermath of the COVID-19 crisis10 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis for the proposed Union action can be found in the list of measures contained 
in Article 78(2), Article 79(2) and (4), Article 82(1), Article 84 and Article 87(2) of the Treaty 
on  the  Functioning  of  the  Union  (TFEU).  Regulation  (EU)  516/2014  is  based  on 
Article 78(2), Article 79(2) and (4), whereas Regulation (EU) 514/2014 is based on all of the 
above-mentioned provisions. 

• 

Subsidiarity (for non-exclusive competence)  

The  proposal  aims  to  support  Member  States  to  address  the  direct  and  indirect  effects 
stemming  from  the  invasion  of  the  Ukraine  and,  in  particular  their  increased  migration  and 
border  management  needs,  so  as  to  maximise  the  use  of  available  EU  Funds  intended  for 
related purposes. EU legislation can only be amended at Union level. 

• 

Proportionality 

The proposal includes limited and targeted changes that do not go beyond what is necessary to 
achieve  the  objective  of  ensuring  that  Member  State  can  make  utmost  use  of  available 
financial  resources  in  response  to  the  invasion  of  Ukraine.  This  invasion  has  given  rise  to 

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Regulation  (EU,  Euratom)  2018/1046  of  the  European  Parliament  and  of  the  Council  of  18  July  2018  on  the 
financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 
1301/2013,  (EU)  No  1303/2013,  (EU)  No  1304/2013,  (EU)  No  1309/2013,  (EU)  No  1316/2013,  (EU)  No 
223/2014,  (EU)  No  283/2014,  and  Decision  No  541/2014/EU  and  repealing  Regulation  (EU,  Euratom)  No 
966/2012 (OJ L 193, 30.7.2018, p. 1). 
Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down 
common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, 
the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying 
down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion 
Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 
347, 20.12.2013, p. 320). 
Council  Regulation  (EU)  2020/2094  of  14  December  2020  establishing  a  European  Union  Recovery 
Instrument to support the recovery in the aftermath of the COVID-19 crisis (OJ L 433, 22.12.2020, p. 
23). 

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increased needs in areas, such as migration and border management, directly covered by the 
Home  Affairs  Funds  2014-2020.  The  proposal  thereby  complies  with  the  proportionality 
principle, and falls within the scope for action in the area of freedom, security and justice, as 
defined  in  Title V  of  the  TFEU.  The  objectives  and  corresponding  funding  levels  are 
proportional to what the instrument aims to achieve. 

• 

Choice of the instrument 

Regulation  (EU)  514/2014  sets  out  the  eligibility  and  implementation  period  of  the  Home 
Affairs  Funds  2014-2020  while  Regulation  (EU) 516/2014  sets  out the specific rules  on the 
use of resources under the AMIF for this period. In order to extend the eligibility period of the 
Home Affairs Funds 2014-2020 and to unblock access to unspent resources under the AMIF, 
both Regulation (EU) 514/2014 and Regulation (EU) 516/2014 must be amended through the 
current Regulation. Regulation (EU) 2021/1147 establishes the AMIF for 2021-2027 and lays 
down provisions for its use, and in order to introduce provisions on external assigned revenue 
for  use  under  the  AMIF  2021-2027,  Regulation  (EU)  2021/1147  must  also  be  amended 
through this proposal. 

3. 

BUDGETARY IMPLICATIONS 

The budgetary impact is already accommodated within the budget of the Home Affairs Funds 
2014-2020. The objective of this proposal is to optimise the use of the Home Affairs Funds 
2014-2020 in the context of the mass influx of displaced persons from Ukraine to EU Member 
States. 

The budgetary impact of external assigned revenue within the budget of the AMIF 2021-2027 
cannot  be  known  in  advance.  Article  21(5)  of  the  Financial  Regulation  provides  that  the 
budget  shall  include  lines  to  accommodate  external  assigned  revenue  and  internal  assigned 
revenue and wherever possible shall indicate the amount. Assigned revenue may be included 
in the draft budget only for the amounts which are certain at the date of the establishment of 
the draft budget. 

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2022/0077 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) No 514/2014 laying down general provisions on the Asylum, 
Migration and Integration Fund amending Regulation (EU) 514/2014 laying down 
general provisions on the Asylum, Migration and Integration Fund and on the 
instrument for financial support for police cooperation, preventing and combating 
crime, and crisis management 
and 
amending Regulation (EU) No 516/2014 establishing the Asylum, Migration and 
Integration Fund 
and 
amending Regulation (EU) 2021/1147 establishing the Asylum, Migration and 
Integration Fund 

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 78(2), Article 79(2) and (4), Article 82(1), Article 84 and Article 87(2),  

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee1, 
Having regard to the opinion of the Committee of the Regions2, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

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4 

The invasion of Ukraine by the Russian Federation on 24 February 2022 led to a mass 
influx  of  displaced  persons  from  Ukraine  to  several  Member  States.  This  places 
renewed  pressure  on  the  financial  resources  of  Member  States  to  deal  with  urgent 
migration, border management and security needs. Taking into account the nature and 
dimension of the crisis, these unforeseen needs will persist beyond 2022.  

Since  1 January  2014  the  Union’s  Home  Affairs  policy  for  migration,  border 
management and security has been supported by funding from the Asylum, Migration 
and  Integration  Fund3  and  the  Internal  Security  Fund  insofar  as  it  concerns  the 
instrument for financial support for external borders and visa,4 as well as the Internal 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
Regulation  (EU)  No 516/2014  of  the  European  Parliament  and  of  the  Council  of  16 April  2014  establishing  the 
Asylum,  Migration  and  Integration  Fund,  amending  Council  Decision  2008/381/EC  and  repealing  Decisions 
No 573/2007/EC  and  No 575/2007/EC  of  the  European  Parliament  and  of  the  Council  and  Council  Decision 
2007/435/EC (OJ L 150, 20.5.2014, p. 168). 
Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part 
of  the  Internal  Security  Fund,  the  instrument  for  financial  support  for  external  borders  and  visa  and  repealing 
Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143). 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

Security  Fund  insofar  as  it  concerns  the  instrument  for  financial  support  for  police 
cooperation,  preventing  and  combating  crime,  and  crisis  management  (the  “Home 
Affairs Funds 2014-2020”). 

It is necessary to extend the implementation period of the Home Affairs Funds 2014-
2020  by  one   year,  to  allow  the  Member  States  to  fully  use  any  unspent  funds  from 
these  programmes,  and,  if  necessary,  to  swiftly  revise  the  implementation  of  their 
programmes as needed to address the unforeseen challenges arising from the invasion 
of Ukraine. 

It  is  also  necessary to  provide for more flexibility  in  the use of  earmarked resources 
under  Regulation  (EU)  No 516/2014  of  the  European  Parliament  and  of  the  Council 
that  currently  prevents  unspent  funds  of  the  2014-2020  programming  period  from 
being used for actions to address pressing needs arising from the invasion of Ukraine.  
Regulation  (EU)  No 514/2014  of  the  European  Parliament  and  of  the  Council5  lays 
down general rules for the implementation of the Home Affairs Funds 2014-2020 with 
regard to, inter alia, the financing of expenditure and the implementation period, that 
limits  the  eligibility  of  Member  States’  disbursements  to  30 June  2023  at  the  latest, 
and sets the closure of the implementation period on 31 December 2023.  

As of 1 January 2021, under  the Multiannual  Financial  Framework  for 2021-2027, a 
renewed  package  of  Funds  in  the  area  of  migration  and  border  management  entered 
into application in the form of the new Asylum, Migration and Integration Fund,6 the 
Instrument  for  Financial  Support  for  Border  Management  and  Visa  Policy7  and  the 
Internal Security Fund8 (the “Home Affairs Funds 2021-2027”). 

Although the Home Affairs Funds 2021-2027 entered into force on 15 July 2021, and 
became applicable on 1 January 2021, the programmes of the Member States have not 
[as of the adoption date of this present Regulation,] yet been approved.  

In  order  to  ensure  continuity  in  the  implementation  of  the  policy  objectives  of  the 
Home  Affairs  Funds  2014-2020  and  2021-2027,  as  well  as  to  allow  for  a  smooth 
transition  between  the  programming  period  for  2014-2020  and  that  for  2021-2027, 
thereby  minimising  the  administrative  burden  for  Member  States,  it  is  necessary  for 
some  overlap  to  exist  between  the  implementation  of  the  respective  funding 
instruments.  

(9) 

This  necessity is  expressly recognised by the legal  bases  of the  Home Affairs Funds 
2021-2027 and Regulation (EU) 2021/10609, which allow for retroactive eligibility of 
expenditure as of 1 January 2021.  

(10)  Despite those provisions to help bridge the gap between the funding instruments, the 
end  date  of  the  implementation  of  the  Home  Affairs  Funds  2014-2020  and  the 

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OJ L 150, 20.5.2014, p. 112. 
Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, 
Migration and Integration Fund (OJ L 251, 15.7.2021. p. 1). 
Regulation (EU) 2021/1148 of the European Parliament and of the Council of 7 July 2021 establishing, as part of 
the Integrated Border Management Fund, the Instrument for Financial Support for Border  Management and Visa 
Policy (OJ L 251, 15.7.2021. p. 48). 
Regulation (EU) 2021/1149 of the European Parliament and of the Council of 7 July 2021 establishing the Internal 
Security Fund (OJ L 251, 15.7.2021. p. 94). 
Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common 
provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the 
Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and 
for  the  Asylum,  Migration  and  Integration  Fund,  the  Internal  Security  Fund  and  the  Instrument  for  Financial 
Support for Border Management and Visa Policy (OJ L 231, 30.06.2021. p. 159). 

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anticipated dates for approval of the programmes under the Home Affairs Funds 2021-
2027 risk exposing the Member States to a considerable funding gap. This may result 
in  ensuing  liquidity  problems  due  to  the  additional  pressure  on  their  migration  and 
border  management  activities  following  the  mass  influx  of  displaced  persons  from 
Ukraine.  

(11)  The risk is exacerbated by the fact that the HOME Affairs Funds 2014-2020 follow a 
shorter  cycle  for  implementing  budgetary  commitments  (the  N+2  rule)  that  is  not 
aligned  to  other  EU  funding  instruments  in  shared  management,  such  as  Cohesion 
Funds,  where  a  longer  implementation  period  (N+3)  applies.  This  N+3  rule10  will 
apply to the HOME Affairs Funds 2021-2027 as set out in Regulation (EU) 2021/1060 
for the period 2021-2027. 

(12)  Due,  in  part,  to  reasons  outside  the  control  of  the  Member  States,  such  as 
implementation  delays  caused  by  the  Coronavirus  pandemic  in  2020-2021,  available 
data on the state of play of implementation by Member States indicate a high risk of 
decommitting  funds,  that  could  otherwise  be  used  to  address  newly  arisen  needs. 
Meanwhile, extending the deadline for implementing funds by one year would make it 
possible for Member States to make full use of the budgetary commitments within the 
2014-2020 programmes to address the challenges they are now facing due to events in 
Ukraine.  

(13)  Regulation  (EU)  No  514/2014  recognises  that,  in  the  light  of  new  or  unforeseen 
circumstances, at the initiative of the Commission or the Member State concerned, an 
approved  national  programme  may  be  re-examined  and,  if  necessary,  revised  for  the 
rest of the programming period. Pursuant to this, it should be appropriate to consider 
the war in Ukraine as constituting ‘new or unforeseen circumstances’ to  justify a re-
examination  and  operational  re-direction  of  the  programme’s  implementation,  in  the 
light of these new needs and within the specific objectives of the previously adopted 
programme.  

(14) 

In order to grant Member States continued access to unspent amounts under the Home 
Affairs Funds 2014-2020, it is necessary to extend the eligibility period of those funds 
by one year, and to make the necessary related adjustments to the dates applicable to 
the  implementation,  reporting,  evaluation  and  closure  of  the  programmes,  as  well  as 
the dates related to decommitted amounts. 

(15)  To ensure that the extension of the eligibility period is introduced in the clearest way 
possible, it is necessary to establish one final key date by which expenditure must be 
both incurred and disbursed. 

(16)  Regulation  (EU)  2018/2000  of  12 December  201811  amended  Regulation  (EU)  No 
516/2014 to unblock access to resources earmarked for the transfer or applicants and 

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Budgetary commitments relating to the operational programmes are made per annual tranches. The N+3 
rule foresees that a commitment made at year N has to be covered by the same amount of pre-financing 
and interim payment claims before 31 December N+3 (for example, a commitment made in 2014 has to 
be  fully  covered  by  pre-financing  and  payment  claims  before  31  December  2017).  The  amount  not 
covered is de-committed, which means that the Member State loses the funding. The purpose of the rule 
is to ensure financial discipline in managing the EU funds by obliging the Member States to implement 
the projects in a dynamic manner and to avoid problems at the very end of the cycle. 
Regulation  (EU)  2018/2000  of  the  European  Parliament  and  of  the  Council  of  12 December  2018  amending 
Regulation (EU) No 516/2014 of the European Parliament and of the Council, as regards the recommitment of the 
remaining  amounts  committed  to  support  the  implementation  of  Council  Decisions  (EU)  2015/1523  and  (EU) 
2015/1601  or  the  allocation  of  those  amounts  to  other  actions  under  the  national  programmes  (OJ  L  328, 
21.12.2018. p. 78). 

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beneficiaries of international protection and to allow their use for certain other actions 
under the national programme. It is necessary to extend this principle of flexibility to 
address pressing needs in the light of new or unforeseen circumstances, particularly to 
address  the  new  asylum  and  migration  management  needs  of  Member  States  arising 
from the invasion of Ukraine.  

(17) 

In  order  to  unblock  access  to  all  available  funds  and  avoid  their  loss  through 
decommitment of unused resources previously earmarked for certain specific purposes 
under Regulation (EU) No 516/2014, including resources for specific actions and for 
the Union Resettlement programme, it is necessary to offer Member States flexibility 
to exceptionally use these resources in the light of new or unforeseen circumstances, 
such as those arising as a result of the invasion of Ukraine.   

(18)  To  enhance  the  scope  of  available  funding  sources  to  help  deal  with  unforeseeable 
future  events,  it  is  appropriate  to  provide  Member  States  and  other  public  or  private 
donors  with  the  possibility,  under  the  2021-2027  programming  period,  to  make 
additional financial contributions to asylum and migration management, in the form of 
external assigned revenue. This  external assigned revenue will constitute a dedicated 
contribution from Member States and other public or private donors to finance specific 
items  of  expenditure  under  the  Asylum,  Migration  and  Integration  Funds  for  2021-
2027,  and  will  allow  an  added  preparedness  measure  for  funding  asylum  and 
migration  activities  in  Member  States  during  crises  such  as  those  arising  from  the 
invasion of Ukraine. 

(19)  The  support  provided  under  the  AMIF  should  be  complementary  notably  to  actions 
financed  under  other  Union  Funds,  in  particular  under  cohesion  policy,  to  maximise 
the impact of available funding 

(20)  Regulation (EU) No 514/2014 and Regulation (EU) No 516/2014 should therefore be 

amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Regulation (EU) No 514/2014 is amended as follows: 

(1)  

in Article 17, paragraph 3 is replaced by the following:  

Article 1 

“3. Expenditure shall  be eligible for  support under the Specific Regulations  if it has 
been  incurred  by  a  beneficiary  and  fully  disbursed  by  the  designated  Responsible 
Authority between 1 January 2014 and 30 June 2024.” 

(2)  

in Article 40, paragraphs 1 and 2 are replaced by the following:  

“1.  Member  States  shall  submit  the  following  documents  by  31 December 
2024: 

(a)  the  information  required  for  the  last  annual  accounts,  in  accordance  with 
Article 44(1); 

(b) a request for payment of the final balance; and 

(c) the final implementation report for the national programme as referred to in 
Article 54(1). 

 “2. The payments made by the Responsible Authority from 16 October  2023 
to 30 June 2024 shall be included in the last annual accounts.” 

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(3)  

in Article 50, paragraph 4  is replaced by the following:  

“4.  The  commitment  related  to  the  last  two  financial  years  of  the  period  shall  be 
decommitted in accordance with the rules followed for the closure of the programme.” 

(4)   

in Article 54, paragraph 1  is replaced by the following: 

“1. By 31 March 2016 and by 31 March of each subsequent year until and including 
2023, the Responsible Authority shall submit to the Commission an annual report on 
the  implementation  of  each  national  programme  in  the  previous  financial  year  and 
may, at the appropriate level, publish that information. The report submitted in 2016 
shall cover the 2014 and 2015 financial years. The Member State shall submit a final 
report on the implementation of the national programmes by 31 December 2024.” 

(5)   Article 57 is amended as follows:  

(a)  

in paragraph 1, point (b) is replaced by the following: 

“(b) an ex post evaluation report on the effects of actions under their national 
programmes by 31 December 2024.” 

(b)  

in paragraph 2, point (b) is replaced by the following: 

“(b)  an  ex post  evaluation  report  on  the  effects  of  this  Regulation  and  the 
Specific  Regulations,  following  the  closure  of  the  national  programmes,  by 
30 June 2025.” 

Regulation (EU) No 516/2014 is amended as follows: 

(1)  

in Article 16, paragraph 3 is replaced by the following: 

Article 2 

“3. The additional amounts referred to in paragraphs 1 and 2 of this Article shall be 
allocated  to  the  Member  States  in  the  individual  financing  decisions  approving  or 
revising their national programmes in the context of the mid-term review according to 
the procedure laid down in Articles 14 and 15 of Regulation (EU) No 514/2014. Those 
amounts  shall  only  be  used  for  the  implementation  of  the  specific  actions  listed  in 
Annex II  to  this  Regulation.  However  where,  in  the  light  of  new  or  unforeseen 
circumstances, another use under the national programme is necessary the Member 
State concerned shall consult the Commission prior to such use of those amounts.” 

(2)  

in Article 17, paragraph 9  is replaced by the following: 

“9. The additional amounts referred to in paragraphs 1 and 2 of this Article shall be 
allocated  to  the  Member  States  every  2 years,  for  the  first  time  in  the  individual 
financing  decisions  approving  their  national  programme  in  accordance  with  the 
procedure  laid  down  in  Article 14  of  Regulation  (EU)  No 514/2014,  and  later  in  a 
financing  decision  to  be  annexed  to  the  decisions  approving  their  national 
programme.  Those  amounts  shall  not  be  transferred  to  other  actions  under  the 
national  programme.  However  where, 
light  of  new  or  unforeseen 
circumstances,  a  transfer  is  necessary,  the  Member  State  concerned  shall  consult 
the Commission prior to such transfer of those amounts.” 

the 

in 

Regulation (EU) 2021/1147 is amended as follows: 

Article 3 

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(1) 

A new paragraph (5) is added to Article 10 as follows: 

“5.  Support  under  this  Regulation  may  also  be  financed  by  contributions  made  by  Member 
States and by other public or private donors as external assigned revenue in accordance with 
Article 21(5) of Regulation (EU, Euratom) 2018/1046.12” 

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

Article 4 

This Regulation shall be binding in its entirety and directly applicable in 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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Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on 
the  financial  rules  applicable  to  the  general  budget  of  the  Union,  amending  Regulations  (EU)  No 
1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) 
No  1316/2013,  (EU)  No  223/2014,  (EU)  No  283/2014,  and  Decision  No  541/2014/EU  and  repealing 
Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1). 

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