Documents considered by the Committee on 14 December 2011 - European Scrutiny Committee Contents


18 EU home affairs budget for 2014-20

(a)

(33393)

17284/11

COM(11) 749

(b)

(33398)

17306/11

SEC(11) 1358

+ ADD 1


Commission Communication: Building and open and secure Europe: the home budget for 2014-20


Commission Staff Working Paper: Impact assessment


Commission Staff Working Paper: Summary of impact assessment

Legal base
Document originated(Both) 15 November 2011
Deposited in Parliament(Both) 25 November 2011
DepartmentHome Office
Basis of considerationEM of 29 November 2011
Previous Committee ReportNone
Discussion in Council13 December 2011
Committee's assessmentPolitically important
Committee's decisionCleared

The documents

18.1 The Commission Communication — document (a) — and accompanying Staff Working Paper — document (b) — set out the context for the funding of EU home affairs policies under the next Multiannual Financial Framework ("MFF") from 2014-20 as well as the resources to be made available from the EU budget. The Commission proposes to simplify the existing EU funding framework by establishing two Funds — the Asylum and Migration Fund and the Internal Security Fund. The Communication describes the legal architecture for the two Funds, the budget proposed for each one, the policy areas they will cover, and the principles governing the programming and management of the Funds.

THE LEGAL ARCHITECTURE FOR THE FUNDS

18.2 The Commission says that four Regulations will be needed to establish the two Funds. These will comprise:

  • a single, horizontal Regulation establishing general provisions on the programming, management and control of both Funds and a common Committee;
  • a Regulation establishing the Asylum and Migration Fund, and setting out the resources available and the objectives of EU funding; and
  • two Regulations which together establish 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.

18.3 The division of the Internal Security Fund into two parts with two separate funding instruments is intended to take account of the "variable geometry" governing participation in Schengen and the various opt-in and opt-out Protocols annexed to the EU Treaties.[127]

THE COMMISSION'S BUDGET PROPOSALS

18.4 The Commission proposes an overall 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 EU's 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.[128]

18.5 The Commission acknowledges that the sum proposed represents "a considerable increase" on the funding available under the current financial framework covering 2007-13 (€6,449 million). It believes that the EU budget is a key tool for tackling the challenges presented by migration flows and security threats and "offers value added both by addressing the unbalanced calls on different Member States in a Union without internal borders; and by financing cross-border actions more efficiently than is possible at purely national level."[129]

THE ASYLUM AND MIGRATION FUND

18.6 The Asylum and Migration Fund would replace the European Refugee Fund, the European Fund for the Integration of Third Country Nationals and the European Return Fund and provide financial support for the following measures:

  • the further development of the Common European Asylum System;
  • the establishment of an EU Resettlement Programme to support the resettlement within EU Member States of refugees from outside the EU, as well as the relocation within the EU of individuals recognised as being in need of international protection—the Programme would have a dedicated budget of €560 million to provide lump sum payments to Member States willing to accept resettled or relocated refugees/beneficiaries of international protection;
  • the implementation of strategies for the integration of legally resident third country nationals;
  • return and reintegration measures; and
  • strengthening the capacity of third countries to readmit their own nationals or other third country nationals who have transited their territory; and the implementation of measures within the framework of Mobility Partnerships.

18.7 The Fund would also include an emergency reserve to ensure that financial resources could be released quickly in response to a migration-related crisis.

THE INTERNAL SECURITY FUND

18.8 The Internal Security Fund would replace the External Borders Fund as well as two EU Programmes — ISEC (Programme for the Prevention of and Fight against Crime) and CIPS (Programme for the Prevention, Preparedness and Consequence Management of Terrorism and other Security-related risks). It would provide financial support for the following measures:

  • police and law enforcement cooperation, crime prevention and measures to tackle serious cross-border crime;
  • crisis management and the protection of critical infrastructure;
  • the development of common tools, including interoperable IT systems and secure communications channels;
  • the establishment of a Cybercrime Centre;
  • innovative projects to develop practical applications for EU-funded security research;
  • the establishment of a European Terrorist Finance Tracking System;
  • measures to tackle radicalisation and recruitment and to support victims of terrorism;
  • cooperation with third countries on trafficking in human beings, drugs and weapons, organised crime, and the prevention of terrorism, as well as on the strengthening of their border surveillance and management capabilities;
  • operating support for Member States responsible for securing the EU's external borders;
  • the further development of an integrated external border management system;
  • consular cooperation on the issuing of visas and other elements of the Schengen acquis; and
  • an emergency response mechanism.

LARGE-SCALE IT SYSTEMS

18.9 The proposed Internal Security Fund includes a specific programme with a budget of €1.1 billion for the development of future IT systems, notably an Entry/Exit System and Registered Traveller Programme, although their development is subject to formal approval by the Council and European Parliament. The Commission also proposes a specific budget allocation of €822 million for the newly established IT Agency responsible for managing the Schengen Information System (SIS II), the Visa Information System (VIS) and Eurodac.

PROGRAMMING AND MANAGEMENT OF THE FUNDS

18.10 The Commission indicates that the bulk of funding would be subject to "shared management" by the Commission and each Member State, based on the following elements:

  • an initial high-level policy dialogue with each Member State to consider how EU funding would be used to achieve EU home affairs policy objectives;
  • the development of national multiannual programmes, identifying specific objectives and targets to be achieved through the use of EU funding, and financial plans showing how the resources allocated to each Member State would be spent over the next seven-year funding period;
  • annual reports by Member States on progress made in implementing their national programmes and financial plans;
  • a mid-term review in 2017 to assess progress and to allocate new resources for the remaining three years; and
  • simplified management and control systems at Member State level.

18.11 Each Member State would receive a basic allocation, "calculated on the basis of objective criteria and Member States' needs."[130] The basis allocation would be supplemented by an additional flexible amount which would reflect each Member State's "willingness to finance in its national programme actions that respond to specific EU priorities."[131] Funding would be allocated in two stages; the first tranche during the policy dialogue at the start of the next MFF (in 2014); the second tranche following the mid-term review in 2017.[132]

18.12 EU funding for so-called "EU actions" — for example, funding for third countries, technical assistance, studies and events, the development of new IT systems, support for networks such as the European Migration Network, and emergency actions—would continue to be managed by the Commission or EU agencies.

18.13 The Commission believes that the simplification and streamlining of EU home affairs funding instruments should ensure a more integrated approach to spending on migration and security while also creating synergies and economies of scale.

The Government's view

18.14 The Parliamentary Under-Secretary for Crime and Security (James Brokenshire) notes that the budget proposed by the Commission represents an increase of almost 40% compared with funding for the period 2007-13. He continues:

    "The Government's starting point is that home affairs funding should not be allocated additional funds in the next MFF. The Government opposes the large-scale increases in spending proposed by the Commission and will be seeking a substantial reduction in the proposed 10.9 billion Euro (£9.52 billion) allocation set out in the Communication and accompanying Impact Assessments. This is in line with the overall Government position on the next MFF, where the Government believes that national efforts to ensure long-term public finance sustainability must not be undermined by unaffordable growth in EU spending in the next Financial Perspective.

    "The Government believes that we need to cut spending from areas which add little value, most importantly to realise savings, but also to free up resources to support the EU's priorities and seek efficiencies in the management of funding programmes and Agencies. To that end, increasing the funding share of any EU programme within the remit of JHA activity should be done through reprioritisation from other programmes within the same policy area. The Government also believes that administrative processes should be simplified, and evaluations of completed projects shared with EU Member States."[133]

18.15 The Government supports simplification of the existing funding structures for home affairs through the creation of two Funds (instead of the existing six) as well as the establishment of a common regulatory framework which should help to streamline working practices and reduce administrative burdens.

18.16 The Government welcomes the creation an EU Internal Security Fund but suggests that EU funding to address migration pressures should be achieved "through the reprioritisation of existing resources, drawing on those areas which have been historically underspent and seeking efficiencies in administration costs" and should focus on practical support for countries most affected by migratory pressure, the return of those without a need for protection, and the control of illegal immigration through the strengthening of the EU's external borders.[134]

18.17 The Government indicates that the introduction of a shared management mechanism for expenditure relating to police cooperation, crime prevention and crisis management would be a new development which will require careful consideration when deciding whether or not the UK should participate in the non-borders element of the Internal Security Fund. The Government also expresses some concern that the processes proposed by the Commission (high-level policy dialogue followed by the drafting of multiannual national programmes) may lead to implementation difficulties in the first year of funding.

18.18 The Government supports the focus on the external dimension of EU home affairs policy, whilst emphasising the need to avoid any duplication of funding priorities already contained in that part of the EU budget dealing with the EU as a Global Player. The Government welcomes the inclusion in both of the proposed new Funds of a flexible emergency response mechanism. It also acknowledges the valuable practical support that EU Agencies may provide, but adds that their involvement in implementing specific operational tasks should not lead to an expansion of their powers.

18.19 Finally, the Minister notes that the Commission will present its Communication 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

18.20 The Communication provides a broad overview of the EU's policy and spending priorities in the home affairs field for 2014-20. We note the Government's concern as regards the size of the budget proposed and the scale of the increase in relation to existing EU expenditure. As, however, the detailed rules on how the Asylum and Migration Fund and Internal Security Fund are to be implemented, as well as the total EU resources proposed for each Fund, are set out in an accompanying package of four draft Regulations, all of which are subject to scrutiny, we are content to release the Communication and accompanying Commission Staff Working Paper from scrutiny.





127   See Protocol 19 on Schengen; Protocol 21 on the UK's and Ireland's opt-in; and Protocol 22 on the Danish opt-out.  Back

128   The current conversion rate is £1 = 1.1685 Euro. Back

129   See p. 3, para 1.3 of the Communication.  Back

130   See p. 10, para 3.1.1 of the Communication.  Back

131   See p. 10, para 3.1.1 of the Communication.  Back

132   The distribution of EU funding for resettlement and/or relocation of beneficiaries of international protection would be based on a biennial pledging exercise.  Back

133   See paras 25 and 26 of the Minister's Explanatory Memorandum.  Back

134   See para 28 of the Minister's Explanatory Memorandum.  Back


 
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Prepared 22 December 2011