Annexes to COM(2018)473 - Proposal for a regulation establishing, as part of the Integrated Border Management Fund, the instrument for financial support for border management and visa - Main contents
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dossier | COM(2018)473 - Proposal for a regulation establishing, as part of the Integrated Border Management Fund, the instrument for financial ... |
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document | COM(2018)473 |
date | July 7, 2021 |
(15) Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1).
(16) Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 180, 29.6.2013, p. 1).
(17) Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen Information System for the return of illegally staying third-country nationals (OJ L 312, 7.12.2018, p. 1).
(18) Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 (OJ L 312, 7.12.2018, p. 14).
(19) Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56).
(20) Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System and amending Regulation (EU) 2018/1726 (OJ L 135, 22.5.2019, p. 1).
(21) Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, p. 27).
(22) Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
(23) Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual (OJ L 99, 17.4.2003, p. 8).
(24) Council Regulation (EC) No 694/2003 of 14 April 2003 on uniform formats for Facilitated Transit Documents (FTD) and Facilitated Rail Transit Documents (FRTD) provided for in Regulation (EC) No 693/2003 (OJ L 99, 17.4.2003, p. 15).
(25) Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund (see page 1 of this Official Journal).
(26) Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p. 1).
(27) Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency (OJ L 83, 25.3.2019, p. 18).
(28) Regulation (EU) 2021/1149 of the European Parliament and of the Council of 7 July 2021 establishing the Internal Security Fund (see page 94 of this Official Journal).
(29) OJ L 433 I, 22.12.2020, p. 28.
(30) Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433I, 22.12.2020, p. 11).
(31) 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).
(32) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
(33) Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).
(34) Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
(35) Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
(36) Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
(37) Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (Overseas Association Decision) (OJ L 344, 19.12.2013, p. 1).
(38) OJ L 123, 12.5.2016, p. 1.
(39) OJ L 282, 19.10.2016, p. 4.
(40) Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
(41) Regulation (EU) No 514/2014 of the European Parliament and of the Council 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 management (OJ L 150, 20.5.2014, p. 112).
(42) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(43) OJ L 176, 10.7.1999, p. 36.
(44) Council Decision 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 acquis (OJ L 176, 10.7.1999, p. 31).
(45) OJ L 53, 27.2.2008, p. 52.
(46) Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of 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 (OJ L 53, 27.2.2008, p. 1).
(47) OJ L 160, 18.6.2011, p. 21.
(48) Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and 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, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).
(49) Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).
(50) Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).
(51) Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, p. 1).
ANNEX I
Criteria for the allocation of funding to the Member States’ programmes
1. | The budgetary resources available under Article 10 shall be broken down between the Member States as follows:
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2. | The budgetary resources available under point (c)(i) and (ii) of paragraph 1 for external land borders and external sea borders shall be broken down between Member States as follows:
The weighted length referred to in point (a) of the first subparagraph of this paragraph shall be established by applying the weighting factors referred to in paragraph 10 for each specific external border section. |
3. | The budgetary resources available under point (c)(iii) of paragraph 1 for airports shall be broken down between Member States in accordance with the workload at their airports, as determined in accordance with point (b) of paragraph 6. |
4. | The budgetary resources available under point (c)(iv) of paragraph 1 for consular offices shall be broken down between Member States as follows:
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5. | For the purpose of the distribution of resources under point (c)(ii) of paragraph 1 of this Annex, ‘external sea borders’ shall mean the outer limit of the territorial sea of the Member States as defined in accordance with Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, the definition of ‘external sea borders’ shall take into account cases where long range operations outside the outer limit of the territorial sea of the Member States have been carried out in high threat areas on a regular basis in order to prevent irregular immigration or illegal entry. The definition of ‘external sea borders’ in that regard shall be determined by taking into account operational data over the past two years as provided by the Member States concerned and as assessed by the European Border and Coast Guard Agency for the purposes of the report referred to in paragraph 9 of this Annex. That definition shall be used exclusively for the purposes of this Regulation. |
6. | For the purposes of the initial allocation of funding, the assessment of the workload shall be based on the most recent average figures covering the years 2017, 2018 and 2019. For the purposes of the mid-term review, the assessment of the workload shall be based on the most recent average figures covering the years 2021, 2022 and 2023. The assessment of the workload shall be based on the following factors:
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7. | The reference figures for the number of consular offices as referred to in point (a) of paragraph 4 shall be calculated on the basis of the information notified to the Commission in accordance with Article 40(4) of Regulation (EC) No 810/2009 of the European Parliament and of the Council (2). Where Member States have not provided the statistics concerned, the most recent available data for those Member States shall be used. Where there is no data available for a Member State, the reference figure shall be zero. |
8. | The reference figures for the workload referred to:
Where Member States have not provided the statistics concerned, the most recent available data for those Member States shall be used. Where there is no data available for a Member State, the reference figure shall be zero. |
9. | The European Border and Coast Guard Agency shall provide the Commission with a report on resources, broken down by external land borders, external sea borders and airports, as referred to in point (c) of paragraph 1. Parts of that report may be classified, where appropriate, in accordance with Article 92 of Regulation (EU) 2019/1896. After consultation of the Commission, the European Border and Coast Guard Agency shall make a non-classified version of the report publicly available. |
10. | For the purposes of the initial allocation, the report referred to in paragraph 9 of this Annex shall identify the average impact level for each border section based on the most recent average figures covering the years 2017, 2018 and 2019. For the purposes of the mid-term review, the report referred to in paragraph 9 of this Annex shall identify the average impact level for each border section based on the most recent average figures covering the years 2021, 2022 and 2023. It shall determine the following specific weighting factors per section applying the impact levels determined in accordance with Article 34(1) and (2) of Regulation (EU) 2019/1896:
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(1) Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 303, 28.11.2018, p. 39).
(2) Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).
ANNEX II
Implementation measures
1. | The Instrument shall contribute to the specific objective set out in point (a) of Article 3(2) by focusing on the following implementation measures:
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2. | The Instrument shall contribute to the specific objective set out in point (b) of Article 3(2) by focusing on the following implementation measures:
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ANNEX III
Scope of support
1. | Within the specific objective set out in point (a) of Article 3(2), the Instrument shall in particular support the following:
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2. | Within the specific objective set out in point (b) of Article 3(2), the Instrument shall in particular support the following:
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3. | Within the policy objective set out in Article 3(1), the Instrument shall in particular support the following:
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(1) Regulation (EU) 2019/1240 of the European Parliament and of the Council of 20 June 2019 on the creation of a European network of immigration liaison officers (OJ L 198, 25.7.2019, p. 88).
ANNEX IV
Actions eligible for higher co-financing rates in accordance with article 12(3) and article 13(17)
(1) | The purchase of operating equipment, through joint procurement schemes with the European Border and Coast Guard Agency, to be put at the disposal of the European Border and Coast Guard Agency for its operational activities in accordance with Article 64(14) of Regulation (EU) 2019/1896; |
(2) | Measures supporting inter-agency cooperation between a Member State and a neighbouring third country with which the Union shares a common land or maritime border; |
(3) | The development of the European Border and Coast Guard Agency by providing support to national authorities responsible for border management to pursue measures related to common capacity building, joint procurement, the establishment of common standards and any other measures streamlining the cooperation and coordination between the Member States and the European Border and Coast Guard Agency, as outlined in point (b) of paragraph 1 of Annex II; |
(4) | The joint deployment of immigration liaison officers as referred to in Annex III; |
(5) | Measures within the framework of border control enhancing the identification of, and the immediate support to, victims of trafficking in human beings, as well as developing and supporting adequate referral mechanisms for those target groups and measures in the framework of border control enhancing cross-border cooperation for detecting traffickers; |
(6) | The development of integrated child protection systems at the external borders, including through the sufficient training of staff and the exchange of good practice among Member States and with the European Border and Coast Guard Agency; |
(7) | Measures deploying, transferring, testing and validating new methodology or technology, including pilot projects and follow-up measures to Union-funded research projects, as referred to in Annex III, and measures to enhance the quality of data stored in ICT systems in the field of visa policy and borders and to improve the exercise of a data subject’s rights to information, access to, rectification and erasure of, his or her personal data, and to the restriction of the processing thereof, in the context of actions falling within the scope of the Instrument; |
(8) | Measures targeting the identification and referral to protection services of vulnerable persons and immediate assistance to such persons; |
(9) | Measures for setting up and running hotspot areas in Member States facing existing or potential exceptional and disproportionate migratory pressure; |
(10) | The further development of different forms of cooperation among Member States in visa processing, as outlined in point (d) of paragraph 2 of Annex II; |
(11) | Increasing the consular presence or representation of Member States in third countries whose nationals must be in possession of visas when crossing the external borders within the meaning of Regulation (EU) 2018/1806, in particular in third countries in which no Member State is currently present; |
(12) | Measures which aim to improve the interoperability of ICT systems. |
ANNEX V
Core performance indicators as referred to in article 27(1)
Specific objective set out in point (a) of Article 3(2)
1. | The number of items of equipment registered in the technical equipment pool of the European Border Coast Guard Agency. |
2. | The number of items of equipment put at the disposal of the European Border Coast Guard Agency. |
3. | The number of initiated/improved forms of cooperation of national authorities with the EUROSUR national coordination centres. |
4. | The number of border crossings through automated border control systems and e-gates. |
5. | The number of addressed recommendations from Schengen evaluations and from vulnerability assessments in the area of border management. |
6. | The number of participants who report three months after a training activity that they are using the skills and competences acquired during that training activity. |
7. | The number of persons who have applied for international protection at border crossing points. |
8. | The number of persons refused entry by border authorities. |
Specific objective set out in point (b) of Article 3(2)
1. | The number of new/upgraded consulates outside the Schengen area:
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2. | The number of addressed recommendations from Schengen evaluations in the area of the common visa policy. |
3. | The number of visa applications using digital means. |
4. | The number of initiated/improved forms of cooperation set up among Member States in visa processing. |
5. | The number of participants who report three months after a training activity that they are using the skills and competences acquired during that training activity. |
ANNEX VI
TYPES OF INTERVENTION
TABLE 1: CODES FOR THE INTERVENTION FIELD DIMENSION
I. | European integrated border management |
001 | Border checks |
002 | Border surveillance – air equipment |
003 | Border surveillance – land equipment |
004 | Border surveillance – maritime equipment |
005 | Border surveillance – automated border surveillance systems |
006 | Border surveillance – other measures |
007 | Technical and operational measures within the Schengen area which are related to border control |
008 | Situational awareness and exchange of information |
009 | Risk analysis |
010 | Processing of data and information |
011 | Hotspot areas |
012 | Measures related to the identification and referral of vulnerable persons |
013 | Measures related to the identification and referral of persons who are in need of, or who wish to apply for, international protection |
014 | European Border and Coast Guard development |
015 | Inter-agency cooperation – national level |
016 | Inter-agency cooperation – Union level |
017 | Inter-agency cooperation – with third countries |
018 | Joint deployment of immigration liaison officers |
019 | Large-scale IT systems – Eurodac for border management purposes |
020 | Large-scale IT systems – Entry/Exit System (EES) |
021 | Large-scale IT systems – European Travel Information and Authorisation System (ETIAS) – others |
022 | Large-scale IT systems – European Travel Information and Authorisation System (ETIAS) – Article 85(2) of Regulation (EU) 2018/1240 |
023 | Large-scale IT systems – European Travel Information and Authorisation System (ETIAS) – Article 85(3) of Regulation (EU) 2018/1240 |
024 | Large-scale IT systems – Schengen Information System (SIS) |
025 | Large-scale IT systems – Interoperability |
026 | Operating support – Integrated border management |
027 | Operating support – Large-scale IT systems for border management purposes |
028 | Operating support – Special Transit Scheme |
029 | Data quality and data subjects’ rights to information, access to, rectification and erasure of, their personal data, and to the restriction of the processing thereof |
II. | Common visa policy |
001 | Improving visa application processing |
002 | Enhancing the efficiency, client-friendly environment and security at consulates |
003 | Document security/document advisers |
004 | Consular cooperation |
005 | Consular coverage |
006 | Large-scale IT systems – Visa Information System (VIS) |
007 | Other ICT systems for visa application processing purposes |
008 | Operating support – Common visa policy |
009 | Operating support – Large-scale IT systems for visa application processing purposes |
010 | Operating support – Special Transit Scheme |
011 | Issuance of visas with limited territorial validity |
012 | Data quality and data subjects’ rights to information, access to, rectification and erasure of, their personal data, and to the restriction of the processing thereof |
III. | Technical assistance |
001 | Information and communication |
002 | Preparation, implementation, monitoring and control |
003 | Evaluation and studies, data collection |
004 | Capacity building |
TABLE 2: CODES FOR THE TYPE OF ACTION DIMENSION
001 | Infrastructure and buildings |
002 | Means of transport |
003 | Other operating equipment |
004 | Communication systems |
005 | IT systems |
006 | Training |
007 | Exchange of best practices – between Member States |
008 | Exchange of best practices – with third countries |
009 | Deployment of experts |
010 | Studies, proofs of concept, pilot projects and similar actions |
011 | Communication activities |
012 | Development of statistical tools, methods and indicators |
013 | Deployment or other follow-up of research projects |
TABLE 3: CODES FOR THE IMPLEMENTATION DIMENSION
001 | Actions covered by Article 12(1) |
002 | Specific actions |
003 | Actions listed in Annex IV |
004 | Operating support |
005 | Actions covered by Article 12(5) |
006 | Emergency assistance |
TABLE 4: CODES FOR THEPARTICULAR THEMES DIMENSION
001 | Cooperation with third countries |
002 | Actions in or in relation to third countries |
003 | Implementation of Schengen evaluation recommendations |
004 | Implementation of vulnerability assessment recommendations |
005 | Actions supporting the development and operation of EUROSUR |
006 | None of the above |
ANNEX VII
Expenditure eligible for operating support
(a) | Within the specific objective set out in point (a) of Article 3(2), operating support shall cover the following costs to the extent that they are not covered by the European Border and Coast Guard Agency in the context of its operational activities:
A host Member State within the meaning of point (20) of Article 2 of Regulation (EU) 2019/1896 may use operating support for the purposes of covering its own running costs for its participation in the operational activities referred to in that point that fall within the scope of this Regulation or for the purposes of its national border control activities. |
(b) | Within the specific objective set out in point (b) of Article 3(2), operating support shall cover:
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(c) | Within the policy objective set out in Article 3(1), operating support for large-scale IT systems shall cover:
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(d) | In addition to covering the costs listed in points (a), (b) and (c) of this Annex, operating support within Lithuania’s programme shall provide support in accordance with Article 17(1). |
ANNEX VIII
Output and result indicators as referred to in article 27(3)
Specific objective set out in point (a) of Article 3(2)
Output indicators
1. | The number of items of equipment purchased for border crossing points:
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2. | The number of items of infrastructure maintained/repaired. |
3. | The number of hotspot areas supported. |
4. | The number of facilities for border crossing points constructed/upgraded. |
5. | The number of aerial vehicles purchased:
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6. | The number of maritime transport means purchased. |
7. | The number of land transport means purchased. |
8. | The number of participants supported:
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9. | The number of immigration liaison officers deployed to third countries. |
10. | The number of IT functionalities developed/maintained/upgraded. |
11. | The number of large-scale IT systems developed/maintained/upgraded:
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12. | The number of cooperation projects with third countries. |
13. | The number of persons who have applied for international protection at border crossing points. |
Result indicators
14. | The number of items of equipment registered in the technical equipment pool of the European Border and Coast Guard Agency. |
15. | The number of items of equipment put at the disposal of the European Border and Coast Guard Agency. |
16. | The number of initiated/improved forms of cooperation of national authorities with the EUROSUR national coordination centres. |
17. | The number of border crossings through automated border control systems and e-gates. |
18. | The number of addressed recommendations from Schengen evaluations and from vulnerability assessments in the area of border management. |
19. | The number of participants who report three months after a training activity that they are using the skills and competences acquired during that training activity. |
20. | The number of persons refused entry by border authorities. |
Specific objective set out in point (b) of Article 3(2)
Output indicators
1. | The number of projects supporting the digitalisation of visa processing. |
2. | The number of participants supported:
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3. | The number of staff deployed to consulates in third countries:
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4. | The number of IT functionalities developed/maintained/upgraded. |
5. | The number of large-scale IT systems developed/maintained/upgraded:
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6. | The number of items of infrastructure maintained/repaired. |
7. | The number of real estates rented/depreciated. |
Result indicators
8. | The number of new/upgraded consulates outside the Schengen area:
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9. | The number of addressed recommendations from Schengen evaluations in the area of the common visa policy. |
10. | The number of visa applications using digital means. |
11. | The number of initiated/improved forms of cooperation set up among Member States in visa processing. |
12. | The number of participants who report three months after a training activity that they are using the skills and competences acquired during that training activity. |