13 Asylum and Migration Fund
| (33396)
17289/11
COM(11) 751
| Draft Regulation of the European Parliament and Council establishing the Asylum and Migration Fund
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| Legal base | Articles 78(2), 79(2) and (4) TFEU; co-decision; QMV
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| Document originated | 15 November 2011
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| Deposited in Parliament | 25 November 2011
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| Department | Home Office
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| Basis of consideration | EM of 29 November 2011
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| Previous Committee Report | None
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| Discussion in Council | 13 December 2011
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information requested
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Background
13.1 As noted in paragraphs 11.1 and 12.1, in Building an open
and secure Europe: the home budget for 2014-20, the Commission
set out its proposals for funding EU home affairs policies under
the next Multiannual Financial Framework ("the MFF").[91]
One of its principal objectives is to simplify the existing funding
structure by reducing the number of EU funding instruments and
by establishing a set of overarching provisions applicable to
all EU home affairs funding. It has therefore proposed the creation
of two EU Funds for 2014-20 — the Asylum and Migration Fund
and the Internal Security Fund — which would replace six
existing funding instruments.[92]
The two new Funds would be based on four Regulations comprising:
- a single, horizontal Regulation containing general provisions
on the programming, management and control of both Funds;
- a Regulation establishing the Asylum and Migration
Fund and setting out the resources available and the objectives
of EU funding; and
- two Regulations together establishing the Internal
Security Fund; the first setting out the resources available and
the objectives of EU funding for police cooperation, action to
prevent and combat crime, and crisis management; the second covering
the common visa policy and management of the EU's external borders.
13.2 The Commission has proposed an overall EU home
affairs budget of €10,911 million for the period 2014-20,
broken down as follows:
- Asylum and Migration Fund —
€3,869 million;
- Internal Security Fund — €4,648 million;
- Existing large-scale IT systems managed by the
newly established IT Agency — €822 million; and
- EU Agencies (Europol, Frontex, the European Asylum
Support Office, the European Police College and the European Monitoring
Centre for Drugs and Drug Addiction) — €1,572 million.[93]
The draft Regulation
13.3 The draft Regulation would establish a new Asylum
and Migration Fund for the period 2014-20. It sets out the objectives
of the Fund, the resources available to implement it, and how
they are to be distributed between Member States. The legal bases
proposed for the draft Regulation provide for EU action to develop
a common asylum policy, a common immigration policy (covering
both legal and illegal immigration and measures to combat trafficking
in human beings), and the integration of legally resident third
country nationals. The Commission considers that these are areas
where "there is an obvious added value in Union interventions"
as the EU is "in a better position than Member States to
provide a framework for expressing Union solidarity in the management
of migration flows."[94]
THE BUDGET
13.4 The proposed budget for the Asylum and Migration
Fund for 2014-20 is €3,869 million, of which €3,232
million would be used to implement national programmes developed
by each Member State through a process of policy dialogue with
the Commission, and €637 million would be set aside for so-called
Union actions (transnational actions or actions of particular
interest to the EU), emergency assistance, technical assistance,
and the European Migration Network. A maximum of €2,5 million
may be used annually by the Commission for technical assistance
measures; in the case of Member States, the amount is capped at
no more than 5% of their total allocation.
THE DISTRIBUTION OF RESOURCES BETWEEN MEMBER STATES
13.5 The sum of €3,232 available for allocation
to Member States would be distributed as follows:
- €2,372 million to be divided
amongst Member States on the basis of the latest available statistical
data on migratory flows, as set out in Annex 1 to the draft Regulation;
- €700 million to be allocated to Member States
for one of three purposes: to implement specific actions listed
in Annex II to the draft Regulation; to support the resettlement
of refugees from outside the EU (with a premium paid for the resettlement
of individuals in accordance with EU resettlement priorities listed
in Annex III to the draft Regulation); and to support the relocation
from one Member State to another of individuals recognised as
being in need of international protection; and
- €160 million to be allocated in 2018 following
a mid-term review and assessment of Member States' needs as regards
their asylum and reception systems and in light of migratory pressures.
13.6 Annex I provides an indicative multiannual breakdown
of Member State allocations for 2014-20. The figures represent
the basic amount that each Member State would receive. The UK
would be the largest beneficiary, with a total projected allocation
of just over €358 million, followed by Italy (€327,6
million), France (€264 million) and Greece (€260,2 million).
13.7 Member States would be able to supplement the
basic amount set out in Annex I by a variable amount allocated
to those whose national programmes earmark funding for specific
actions listed in Annex II. The actions are intended to encourage
cooperation between Member States and include, for example, the
development of joint transit and processing centres for refugees,
joint return operations, or the establishment of joint migration
centres in third countries.
13.8 Member States would be entitled to a lump sum
payment of €6,000 for each refugee or beneficiary of international
protection they resettle (at the request of UNHCR). The lump sum
would be increased to €10,000 for individuals resettled in
accordance with common EU resettlement priorities. These are set
out in Annex III and cover six geographical areas.[95]
The lump sum payments would be payable every two years on the
basis of resettlement pledges made by each Member State. A lump
sum of €6,000 would also be available to Member States who
accept the relocation to their territory of third country nationals
who have already been granted refugee status or equivalent protection
in another Member State or who take over responsibility for examining
an individual's claim for asylum. The Commission says that the
financial incentives available for resettlement are intended to
increase significantly the number of refugees resettled within
the EU while also strengthening the European dimension "through
the implementation of defined and dynamic common Union resettlement
priorities."[96]
13.9 Reserving a proportion of the budget for allocation
after the completion of the mid-term review is intended to ensure
sufficient flexibility in the funding framework to respond to
changes in migratory patterns and Member States' needs.
THE OBJECTIVES OF THE ASYLUM AND MIGRATION FUND
13.10 The draft Regulation identifies the following
specific objectives which the Fund is intended to help achieve:
- strengthening and developing the Common European
Asylum System, with indicators reflecting the level of improvement
in asylum reception conditions, the quality of asylum procedures,
the convergence of recognition rates across Member States, and
resettlement efforts;
- supporting legal migration to the EU in line
with the economic and social needs of receiving Member States,
and promoting the effective integration of third country nationals
(including asylum seekers and beneficiaries of international protection);
- enhancing fair and effective return strategies,
with emphasis on the sustainability of returns and effective readmission
in countries of origin; and
- enhancing solidarity and the sharing of responsibility
between Member States.
13.11 These objectives are supplemented by a range
of more detailed actions which the Fund is intended to support.
Moreover, Member States should ensure that their national multiannual
programmes to implement the Fund include objectives relating to
the strengthening of the Common European Asylum System, support
for an EU Resettlement Programme, the development of integration
strategies at local and regional level, and the development of
an assisted voluntary return programme. The draft Regulation stipulates
that all actions supported by the Fund must be compatible with
the EU acquis on asylum and immigration, even if not all
elements of that acquis apply in a particular Member State.
The Government's view
13.12 The Minister for Immigration (Damian Green)
says that the Government supports the creation of a single Asylum
and Migration Fund and believes that it should "encourage
flexibility, reduce waste, be tightly linked to outcomes and ensure
easier access to emergency funding."[97]
He welcomes the more inclusive scope of the draft Regulation (as
compared with existing EU funding instruments) as "this will
support the integration needs of all categories of migrant and
ensure that they are dealt with consistently and efficiently at
national level" and he endorses, in principle, the use of
EU funds to encourage resettlement and increase practical cooperation
between Member States.[98]
He considers that the inclusion of external migration spending
should improve "coherency, transparency and flexibility"
and ensure more effective delivery as well as consistency with
wider foreign policy activities, provided care is taken to avoid
any duplication of expenditure under different budget headings.[99]
13.13 The Minister also highlights a number of areas
of concern for the UK.
THE BUDGET
13.14 Whilst welcoming the opportunity "to rejuvenate
the EU budget and prepare for new challenges", the Minister
adds that this should not be "at the cost of higher EU spending
overall. Increasing the funding share of any EU programme must
be done through reprioritisation within the EU budget."[100]
He continues:
"Budgetary restraint remains the UK's top
priority, thereby ensuring that the EU budget contributes to domestic
fiscal consolidation. The Prime Minister has stated, jointly with
some EU counterparts, that the maximum acceptable expenditure
increase through the next Financial Perspective is a real freeze
in payments. This must be year on year from the actual level of
payments in 2013. The large increase in payments in this policy
area that would result from the spending levels proposed by the
Commission is therefore unacceptable."[101]
RESETTLEMENT AND RELOCATION
13.15 The Minister notes that the Commission proposes
a substantial increase in funding for resettlement activity. Whilst
he agrees that this should be a priority for EU funding, he believes
that any increase should be found through reprioritisation within
the existing budget heading. He says that the EU currently funds
approximately 50% of the cost of the UK's Gateway Programme which
resettles refugees from outside the EU within the UK. Although
Member States would continue to be eligible to receive EU funding
for resettlement based on their own assessment of priorities,
the Minister considers that the premium offered for resettlement
in accordance with priorities determined at EU level would "provide
a very strong incentive for Member States to choose the EU ones
instead, which risks making Member States' own schemes redundant."[102]
Moreover, the Minister believes that the creation of common EU
resettlement priorities "risks an unnecessary increase in
the EU's competence over the resettlement process" and might
undermine the important principle that "Member States retain
full control over whom they admit to their territory."[103]
He does not accept the Commission's view that the development
of common EU resettlement priorities would lead to a dramatic
increase in resettlement within the EU, or that the potential
benefits justify the proposed extension of EU competence.
13.16 The Minister also opposes "the large scale
or mandatory relocation of migrants within the EU" on the
basis that it would simply move the problem around rather than
solve it and create incentives for increased illegal immigration,
He continues:
"We consider creating financial incentives
for relocation unnecessary, detracting from resettlement activity
and potentially decreasing national funding allocations."[104]
A COMMON EUROPEAN ASYLUM SYSTEM
13.17 The Minister notes that the Government supports
practical action to secure effective asylum systems, including
returns, rather than legislative harmonisation and that any compulsory
objective to strengthen the Common European Asylum System should
be flexible enough to include initiatives based on practical cooperation.
Fundamental rights
13.18 Although the establishment of the Asylum and
Migration Fund does not give rise to fundamental rights concerns,
the Minister recognises that actions taken to implement it may
do so. He believes, however, that use of the Fund to support capacity
building in Member States, to promote the integration of legally
resident third country nationals and to improve the management
of returns should ensure compatibility with fundamental rights.
THE UK'S OPT-IN
13.19 The Minister notes that the draft Regulation
is based on Articles in Title V of Part Three of the Treaty on
the Functioning of the European Union (TFEU) to which the UK's
opt-in Protocol applies. He continues:
"The Government is committed to taking all
opt-in decisions on a case-by-case basis, putting the national
interest at the heart of our decision making. In making that decision,
we will have particular regard to the following:
- Whether participation in the
Regulation as drafted would be of net benefit to the UK's immigration
system;
- The extent to which we think the proposals can
be improved in negotiations, and the degree to which the prospects
of improving them would be enhanced if we were to opt in, and
thus have a vote; and
- The implications of not opting in for our broader
relationship with the EU and its institutions, and with other
Member States — in particular regarding our ability to influence
EU debates on migration and asylum, promote our own agenda in
the EU, and to secure co-operation and support from other Member
States on immigration and Justice and Home Affairs questions."[105]
13.20 Finally, the Minister says that the Commission
will present the draft Regulation and other related proposals
to the Justice and Home Affairs Council on 13 December. He expects
negotiations on the proposed new Funds to continue during 2012
and adds that they will only be concluded once the overall Multiannual
Financial Framework for 2014-20 has been agreed towards the end
of 2012 or early in 2013.
Conclusion
13.21 The UK is bound by three Directives establishing
a set of minimum EU standards on who qualifies as a refugee, on
reception conditions for asylum seekers, and on procedures for
granting or withdrawing refugee status. The Government has, however,
repeatedly stated its opposition to further harmonisation and
has chosen not to opt into recent EU measures in these areas which
are intended to create a Common European Asylum System. The draft
Regulation makes clear that even Member States, such as the UK,
which are not bound by all elements of this evolving EU acquis,
must nevertheless ensure that EU funds are used to support actions
which are compatible with the EU's asylum and immigration acquis.
13.22 The indicative figures presented by the
Commission show that the UK is likely to be the single largest
beneficiary of EU funding under the draft Regulation. The Government,
however, highlights areas of significant concern, notably the
overall budget for the Fund, the use of financial incentives to
support EU resettlement priorities and the potential seeping away
of national competence for resettlement as a result.
13.23 All these factors will need to be considered
in the three month period available to the Government to determine
whether or not to opt into the draft Regulation. We therefore
intend to hold the proposal under scrutiny and ask the Minister
to inform us at the earliest opportunity of the Government's opt-in
decision, and the reasons for its decision.
91 (33393); see chapter 18 of this Report. Back
92
These are the European Refugee Fund, the European Fund for the
Integration of Third Country Nationals, the European Return Fund,
the External Borders Fund, the Programme for the Prevention of
and Fight against Crime (ISEC) and the Prevention, Preparedness
and Consequence Management of Terrorism and other Security-related
Risks (CIPS). Back
93
The current conversion rate is £1 = 1.1685 Euro. Back
94
See p.5, para 3 of the Commission's explanatory memorandum. Back
95
Eastern Europe (Belarus, Moldova, Ukraine); the Horn of Africa
(Djibouti, Kenya, Yemen); North Africa (Egypt, Libya, Tunisia);
Eastern Africa/Great Lakes; Syria, Lebanon and Jordan; and Turkey.
Back
96
See p.7, para 5.1.2 of the Commission's explanatory memorandum.
Back
97
See para 21 of the Minister's Explanatory Memorandum. Back
98
See para 22 of the Minister's Explanatory Memorandum. Back
99
See para 36 of the Minister's Explanatory Memorandum. Back
100
See para 20 of the Minister's Explanatory Memorandum. Back
101
See para 26 of the Minister's Explanatory Memorandum. Back
102
See para 34 of the Minister's Explanatory Memorandum. Back
103
See paras 32 and 33 of the Minister's Explanatory Memorandum. Back
104
See para 25 of the Minister's Explanatory Memorandum. Back
105
See para 19 of the Minister's Explanatory Memorandum. Back
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