8 Funds for the management of migration
| (a)
(26547)
8690/05
COM(05) 123
+ ADD 1
(b)
(27541)
9930/06
COM(05) 123
|
Commission Communication: Establishing a framework programme on Solidarity and the Management of Migration Flows for the period 2007-13:
(i) Draft Decision establishing the European Refugee Fund for 2008-13
(ii) Draft Decision establishing the European External Borders Fund for 2007-13
(iii) Draft Decision establishing the European Fund for Integration of third country nationals for 2007-13
(iv) Draft Decision establishing the European Return Fund for 2008-13
Framework programme on Solidarity and the management of Migration Flows
(i) Draft Decision establishing the European Refugee Fund for the period 2008-13 as part of the General programme 'Solidarity and Management of Migration Flows'
(ii) Draft Decision establishing the External Borders Fund for 2007-13 as part of the General programme 'Solidarity and Management of Migration Flows'
(iii) Draft Decision establishing the European Return Fund for 2008-13 as part of the General programme 'Solidarity and Management of Migration Flows'
|
| Legal base | (a)(i) and (b)(i) Article 63(2)(b) EC; co-decision; QMV
(a)(ii) and (b)(ii) Article 62(2) EC; co-decision; QMV
(a)(iii) Article 63(3)(a) EC; consultation; unanimity
(a)(iv) and (b)(iii) Article 63(3)(b) EC; co-decision; QMV
|
| Document originated | (b) 24 May 2006
|
| Deposited in Parliament | (b) 1 June 2006
|
| Department | Home Office |
| Basis of consideration | (b) EM of 15 June 2006
|
| Previous Committee Report | (a) HC 34-viii (05-06), para 7 (2 November 2005)
(b) None
|
| To be discussed in Council | (b) July 2006
|
| Committee's assessment | Politically important
|
| Committee's decision | (a) Cleared
(b) Not cleared; further information requested
|
Previous scrutiny of document (a)
8.1 In July 2005, we considered document (a) which comprises draft
Decisions to modify and extend to 2013 the existing European Refugee
Fund; and to create three new Funds:
- the External Borders Fund;
- the European Fund for the Integration of third-country
nationals; and
- the European Return Fund.[30]
8.2 Each draft Decision begins by setting out the
particular purpose and objectives of the Fund concerned, the actions
which would be eligible for financial support and the Fund's total
budget. The four draft Decisions contain common provisions on
the responsibilities of the Commission and the Member States,
grant procedures, management and control systems, and monitoring
and evaluation arrangements.
8.3 The current European Refugee Fund for
2005-10 provides financial support for Member States' work with
people who already have, or have applied for, refugee status or
protected person status. The draft Decision would extend the Fund
to the end of 2013.
8.4 Once people have entered the EU by crossing the
external borders, they can move freely throughout the Schengen
area. The burden of protecting the external borders from illegal
immigration falls disproportionately on the minority of Member
States which have the longest external land and sea borders. Accordingly,
the draft Decision to establish the External Borders Fund
provides for the burden to be shared. Member States would be eligible
for grants from the Fund for up to half the cost (more in specified
circumstances) of border control-related expenditure on, for example,
border stations and document examination equipment.
8.5 The United Kingdom is precluded from opting into
the External Borders Fund Decision because it does not take part
in the provisions of the Schengen acquis about the management
of the external borders.[31]
8.6 The purpose of the proposed European Fund
for Integration would be to support the efforts of Member
States to enable third-country nationals (other than refugees)
who are legally resident in their areas to settle and take an
active part in all aspects of the life of the host communities.
The objectives of the Fund would include helping third-country
nationals learn the languages of their host countries; increasing
their participation in civic and political activities; strengthening
the capacity of Member States and organisations which represent
migrants to work with third-country nationals; and helping host
societies to accept and adjust to inward migration. The Fund would
provide financial support to activities in Member States which
would help achieve these objectives.
8.7 The objectives of the European Return Fund
would be to improve Member States' management of the return of
illegally resident third-country nationals, strengthen co-operation
between Member States and promote common standards for both voluntary
and enforced returns. Activities which would be eligible for grant
include the costs of temporary accommodation, travel and subsistence
for returned people and their escorts and measures to assist the
integration of returned people in their countries of origin.
8.8 The Government told us that it intended to opt
into the draft Decisions on the proposed Refugee, Integration
and Return Funds.
8.9 When we considered the proposals in July 2005,
we concluded that we could understand the case for sharing the
financial burden of controlling the EU's external borders, refugees
and the return of illegal immigrants and we could see that the
aims of the proposed Funds for these purposes are consistent with
the principle of subsidiarity. It was less clear to us, however,
that the draft Decision on the establishment of the Integration
Fund was consistent with that principle. It also appeared to us
that some of the common provisions of the draft Decisions about
the financial management and organisation of the Funds might be
over-prescriptive and intervene in matters best left to Member
States to decide for themselves.
8.10 In response to our comments, the Minister of
State at the Home Office (Mr Tony McNulty) explained why the Government
believes that the proposal for an Integration Fund meets the tests
for subsidiarity.[32]
For example, failure by one Member State to integrate immigrants
might contribute to radicalisation which could lead to a threat
to other Member States. He added that there were to be discussions
about the legal base of the Integration Fund Decision.
8.11 The Minister also said that it would be essential
for the Funds to have proper management and control systems to
ensure rigorous management of EU taxpayers' money. The systems
would need to be consistent across the EU. The Government believed
that the management and control provisions of the draft Decisions
would not impose a significant additional burden on Member States.
8.12 We decided to keep document (a) under scrutiny
pending progress reports on the negotiations.
Document (b)
8.13 Document (b) comprises:
- a revised text of the draft
Decision on the European Refugee Fund;
- an amendment to one Article of the draft Decision
on the External Borders Fund and a revised text of the Financial
Statement; and
- an amendment to one Article of the draft Decision
on the European Return Fund and a revised text of the Financial
Statement.
8.14 The main purpose of document (b) is to propose
revised budgets for the Funds in the light of the settlement of
the EU's total budget for 2007-13. The proposed changes are shown
in the table below:
| Fund |
Budget proposed in document (a)
| Budget proposed in document (b)
|
| European Refugee Fund
|
€1,113 million
|
€628 million
|
| External Borders Fund
|
€2,152 million
|
€1,812 million
|
| European Return Fund
|
€759 million
|
€676 million
|
8.15 The Commission proposes three substantial amendments
to the draft Decision on the European Fund. The first makes the
following additions to the list in Article 3(1) of activities
which would be eligible for grants from the Fund:
- the resettlement in a Member
State of third-country nationals who have refugee or other protected
status;
- the transfer of people from a Member State which
has granted them refugee or other protected status to another
Member State, with the latter's agreement; and
- action to improve a Member State's capacity to
develop, monitor and evaluate its asylum policies in the light
of its obligations under Community legislation on asylum.
8.16 Second, the Commission proposes the addition
to Article 5(2) of a power to provide financial assistance from
the Refugee Fund to help a Member State take emergency measures
in "situations of particular pressure", such as a sudden
and unexpected influx of a large number of asylum seekers. Amendments
are proposed to Article 22 to establish a procedure for making
and deciding applications for assistance to deal with situations
of particular pressure.
8.17 Third, the Commission proposes amendments to
Article 14 to modify the formula for the annual allocation of
the Refugee Fund between Member States and the amount of payments
for particular actions. For example, the Commission proposes that
a Member State should receive €5,000 for each person it accepts
for resettlement and who has serious medical needs which can be
addressed only through resettlement from a third country covered
by a Regional Protection Programme.
8.18 The Commission also proposes a number of minor
amendments to the draft Decision on the Refugee Fund.
The Government's view on document (b)
8.19 The Minister of State for Immigration, Citizenship
and Nationality at the Home Office (Mr Liam Byrne) tells us that
the proposed changes to the amount of the three Funds are acceptable
to the Government. Moreover, the Government supports the proposed
amendments to the draft Decision on the Refugee Fund subject to
a few detailed points.
Conclusion
8.20 Document (b) supersedes three of the draft
Decisions in document (a). We understand that a revised draft
of the fourth of the Decisions (on the Integration Fund) in document
(a) is expected. We have decided, therefore, to clear document
(a) from scrutiny.
8.21 We ask the Minister to tell us the outcome
of the discussion of document (b) at the Council meeting on 24
July. Pending his reply, we shall keep the document under scrutiny.
30 See HC 34-i (2005-06), para 28 (4 July 2005). Back
31
The main aim of the Schengen Convention of 1990 was to abolish
checks at the borders between the original signatories (France,
Germany and the Benelux countries) while strengthening control
of the external borders of the Schengen area. Subsequently, a
large number of "flanking" measures were adopted on,
for example, police co-operation in cross-border surveillance,
and a common format for visas. The collective name for the Convention
and subsequent agreements is "the Schengen acquis".
The UK and Ireland are not part of the Schengen area but participate
in some of the provisions of the acquis, such as those
on police and judicial co-operation and on narcotic drugs. Back
32
See headnote. Back
| 
