Explanatory Memorandum to COM(2009)67 - Amendment of Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 by removing funding for certain Community actions and altering the limit for funding such actions - Main contents
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| dossier | COM(2009)67 - Amendment of Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 by removing funding ... |
|---|---|
| source | COM(2009)67  |
| date | 18-02-2009 |
The aim of this proposal is to amend the Decision establishing the European Refugee Fund in the light of the creation of the European Asylum Support Office, which will take over responsibility for certain operations that have until now been financed by the Refugee Fund.
- Background: new challenges in asylum policy and creation of the European Asylum Support Office
The European Refugee Fund (ERF) was set up by Decision No 573/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme 'Solidarity and Management of Migration Flows' and repealing Council Decision 2004/904/EC i, on the basis of Article 63(2)(b) of the Treaty establishing the European Community.
The proposal for a Regulation establishing the European Asylum Support Office and this proposal to amend the Decision establishing the ERF 2008-2013 are part of the European Union's efforts to develop a comprehensive asylum policy. They are a response to the requests from the Council and the European Council for the creation of an asylum support structure and form part of the measures announced by the Policy Plan on Asylum adopted by the Commission in June 2008.
The Commission proposes to set up a European Asylum Support Office which will have the institutional status of a regulatory agency and will be responsible for promoting and enhancing practical cooperation between Member States on asylum matters and for helping to support the implementation of the common asylum system.
The Office's institutional status will be that of a regulatory agency; it will thus be a body set up by the Communities, as provided for in Article 185 of the Financial Regulation. Much of its funding will therefore come from a heading in the general budget of the European Communities. In order to supplement the funds allocated to the operation of the Office, and in the interests of simplifying the use of Community funds, and because the European Asylum Support Office will be responsible for some of the tasks currently funded under the ERF, it is necessary to transfer some of the budgetary resources currently allocated to the ERF to the Office, in order to ensure the optimal financing of practical cooperation on asylum matters.
- Consistency with the other policies and objectives of the Union
This proposal is fully consistent with the Policy Plan on Asylum adopted by the Commission in June 2008 with a view partly to reinforcing asylum legislation in order to create a common asylum system that is effective and fair to those seeking international protection, and partly to supporting this legislation by enhancing practical cooperation between Member States on asylum matters. It is one of the key elements necessary for creating the new European Asylum Support Office.
- Summary of the proposed measures
The proposed measures seek to amend the Decision establishing the European Refugee Fund for the period 2008 to 2013 in order to achieve a better allocation and concentration of funds between the ERF and the new European Asylum Support Office, in the interests of simplifying the use of Community funds.
The proposal to amend the Decision establishing the ERF aims first to reduce the scope of the Community actions provided for in Article 4 of the ERF Decision in order to take account of the transfer of two tasks which will in future be entirely the responsibility of the Office, namely those referred to in Article 4(2)(a) relating to further Community cooperation in implementing Community law and good practices, including interpretation and translation services supporting such cooperation, and those in Article 4(2)(f), supporting the development and application by Member States of common statistical tools, methods and indicators for measuring policy developments in the field of asylum.
Secondly, in order to take account of the reduction in the scope of these Community actions, the limit for funding them, laid down in Article 4 i of the ERF Decision, will be reduced from 10% of the Fund's available resources to 4%.
The proposal also provides for a reduction in the financial envelope for implementing the ERF Decision to free up resources towards the funding of the Office. The amount of EUR 628 million, referred to in Article 12 i of the ERF Decision, will therefore be reduced to EUR 614 million (the new amount taking into account both the EUR 10 million increase decided by the budgetary authority in the 2009 budget and the EUR 24 million cut resulting from the reduction in the scope of the Community actions).
The proposal to amend the ERF Decision does not alter the general objectives of the ERF.
- Legal basis
The proposal is based on Article 63(2)(b) of the Treaty establishing the European Community, which is the legal basis of the act being amended.
- Subsidiarity principle
The need to promote a balance between the efforts made by Member States in establishing a common European asylum system requires a financial contribution aimed at both relieving the pressure on the Member States most affected and developing the capacity of the Member States whose asylum infrastructure and services are inadequate, and presupposes a redistribution of responsibilities at European Union level which cannot be achieved by the Member States in isolation. This principle was recognised for the adoption of Decision No 573/2007/EC. The present act would simply amend the basic act, which is Decision No 573/2007/EC establishing the ERF. To this extent the same principles apply to this proposal for an amendment.