Purpose and scope
1. This Regulation establishes the Asylum, Migration and Integration Fund (‘the Fund’) for the period from 1 January 2014 to 31 December 2020.
2. This Regulation lays down:
(a)
the objectives of financial support and the eligible actions;
(b)
the general framework for the implementation of eligible actions;
(c)
the available financial resources and their distribution;
(d)
the principles and mechanism for the establishment of common Union resettlement priorities; and
(e)
the financial assistance provided for the activities of the European Migration Network.
3. This Regulation provides for the application of the rules set out in Regulation (EU) No 514/2014, without prejudice to Article 4 of this Regulation.
Definitions
For the purpose of this Regulation, the following definitions apply:
(a)
‘resettlement’ means the process whereby, on a request from the United Nations High Commissioner for Refugees (‘UNHCR’) based on a person’s need for international protection, third-country nationals are transferred from a third country and established in a Member State where they are permitted to reside with one of the following statuses:
(i)
‘refugee status’ within the meaning of point (e) of Article 2 of Directive 2011/95/EU;
(ii)
‘subsidiary protection status’ within the meaning of point (g) of Article 2 of Directive 2011/95/EU; or
(iii)
any other status which offers similar rights and benefits under national and Union law as those referred to in points (i) and (ii);
(b)
‘other humanitarian admission programmes’ means an ad hoc process whereby a Member State admits a number of third-country nationals to stay on its territory for a temporary period of time in order to protect them from urgent humanitarian crises due to events such as political developments or conflicts;
(c)
‘international protection’ means refugee status and subsidiary protection status within the meaning of Directive 2011/95/EU;
(d)
‘return’ means the process of a third-country national going back, whether in voluntary compliance with an obligation to return or enforced, as defined in Article 3 of Directive 2008/115/EC;
(e)
‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU. Reference to third-country nationals shall be understood to include stateless persons and persons with undetermined nationality;
(f)
‘removal’ means the enforcement of the obligation to return, namely the physical transportation out of the Member State, as defined in Article 3 of Directive 2008/115/EC;
(g)
‘voluntary departure’ means compliance with the obligation to return within the time-limit fixed for that purpose in the return decision, as defined in Article 3 of Directive 2008/115/EC;
(h)
‘unaccompanied minor’ means a third-country national below the age of 18 years, who arrives or arrived on the territory of a Member State unaccompanied by an adult responsible for him/her whether by law or the national practice of the Member State concerned, and for as long as he/she is not effectively taken into the care of such a person; it includes a minor who is left unaccompanied after he/she entered the territory of a Member State;
(i)
‘vulnerable person’ means any third-country national who complies with the definition under Union law relevant to the policy area of action supported under the Fund;
(j)
‘family member’ means any third-country national who complies with the definition under Union law relevant to the policy area of action supported under the Fund;
(k)
‘emergency situation’ means a situation resulting from:
(i)
heavy migratory pressure in one or more Member States characterised by a large and disproportionate inflow of third-country nationals, which places significant and urgent demands on their reception and detention facilities, asylum systems and procedures;
(ii)
the implementation of temporary protection mechanisms within the meaning of Directive 2001/55/EC; or
(iii)
heavy migratory pressure in third countries where refugees are stranded due to events such as political developments or conflicts.
Objectives
1. The general objective of the Fund shall be to contribute to the efficient management of migration flows and to the implementation, strengthening and development of the common policy on asylum, subsidiary protection and temporary protection and the common immigration policy, while fully respecting the rights and principles enshrined in the Charter of Fundamental Rights of the European Union.
2. Within its general objective, the Fund shall contribute to the following common specific objectives:
(a)
to strengthen and develop all aspects of the Common European Asylum System, including its external dimension;
(b)
to support legal migration to the Member States in accordance with their economic and social needs, such as labour market needs, while safeguarding the integrity of the immigration systems of Member States, and to promote the effective integration of third-country nationals;
(c)
to enhance fair and effective return strategies in the Member States which contribute to combating illegal immigration, with an emphasis on sustainability of return and effective readmission in the countries of origin and transit;
(d)
to enhance solidarity and responsibility-sharing between the Member States, in particular towards those most affected by migration and asylum flows, including through practical cooperation.
The achievement of the specific objectives of the Fund shall be evaluated in accordance with Article 55(2) of Regulation (EU) No 514/2014 using common indicators as set out in Annex IV to this Regulation and programme-specific indicators included in national programmes.
3. Measures taken to achieve the objectives referred to in paragraphs 1 and 2 shall be fully coherent with measures supported through the external financing instruments of the Union and with the principles and general objectives of the Union’s external action.
4. The objectives referred to in paragraphs 1 and 2 of this Article shall be achieved with due regard to the principles and objectives of the Union’s humanitarian policy. Consistency with the measures funded by the Union’s external financing instruments shall be ensured in accordance with Article 24.
Partnership
For the purposes of the Fund, the partnership referred to in Article 12 of Regulation (EU) No 514/2014 shall include relevant international organisations, non-governmental organisations and social partners.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
