The European Parliament adopted a legislative resolution approving the Council's position at first reading with a view to the adoption of the adoption of a regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the Instrument for Financial Support for Border Management and Visa Policy.
The proposed Regulation establishes, as part of the Integrated Border Management Fund, the Instrument for Financial Support for border management and visa policy under Heading 4 (Migration and border management) of the Multiannual Financial Framework (MFF) 2021-2027.
This Regulation establishes the Fund jointly with Regulation (EU) 2021/1077 for the period from 1 January 2021 to 31 December 2027.
This Regulation lays down the policy objective of the Instrument, the specific objectives of the Instrument and measures to implement those specific objectives, the budget for the period from 1 January 2021 to 31 December 2027, the forms of Union funding and the rules for providing such funding.
Objectives of the Instrument
The overall objective of the Instrument is to ensure a strong and effective European integrated border management at the external borders, while safeguarding the free movement of persons and fundamental rights, thus contributing to a high level of security in the EU.
The instrument will contribute to the following specific objectives:
- to support an effective integrated European management of external borders to facilitate legitimate border crossings, to prevent and detect illegal immigration and cross-border crime and to effectively manage migration flows;
- support the common visa policy to ensure a harmonised approach between Member States in issuing visas and to facilitate legitimate travel while helping to prevent migration and security risks.
The assistance provided will be consistent with relevant EU actions, policies and priorities and complementary to assistance provided by other EU instruments. The actions financed will be implemented in strict compliance with the rights and principles enshrined in the Union acquis and the Charter, as well as the Union's international obligations in the field of fundamental rights, in particular by ensuring compliance with the principles of non-discrimination and non-refoulement.
Budget
The financial envelope for the implementation of the Instrument for the period from 1 January 2021 to 31 December 2027 is set at EUR 5 241 000 000 in current prices. An additional allocation of up to EUR 1 000 000 000, in 2018 prices, will be made to the thematic facility in accordance with the programme-specific adjustment provided for in the regulation establishing the MFF 2021-2027.
The funds of the thematic facility will be dedicated to high added-value EU priorities or will be used to address urgent needs, in line with agreed EU priorities.
Multi-purpose equipment
The Council's position provides that assets purchased with a financial contribution from the instrument will remain available for use in other areas, including customs, maritime operations or to meet the objectives of the other two Home Affairs Funds (the AMIF and the ISF), provided that they do not exceed 30% of the total period of use of that equipment.
Minimum level of expenditure for visa policy
The Regulation sets a binding percentage of at least 10% of Member States' programmes to cover expenditure under this specific objective. This binding percentage will not apply to the thematic facility. Member States may allocate less than the minimum percentage only if it provides a detailed explanation in its programme.
Actions in or concerning third countries
The instrument will be sufficiently flexible to carry out actions in line with its objective, both inside and outside the EU. These actions will have to be implemented in synergy and coherence with other actions outside the EU supported by other EU instruments.
Role of EU agencies
The expertise of the relevant EU agencies, in particular the European Border and Coast Guard Agency, the European Union Agency for the Operational Management of Large-scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) and the European Union Agency for Fundamental Rights (FRA), will be taken into account, as far as their areas of competence are concerned, in the preparation of Member States' programmes.
These agencies may also be consulted by the Commission on actions included in the operating support for which the agencies have particular expertise and in relation to monitoring and evaluation tasks.
Actions eligible for higher co-financing rates
Certain actions considered as priorities will benefit from a higher co-financing rate. They include (i) immediate support to victims of trafficking in human beings, (ii) the development of integrated child protection systems at external borders, (iii) measures targeting the identification of vulnerable persons, their immediate assistance and referral to protection services, (iv) the operating costs of ETIAS, (v) measures to improve the quality of data stored in the information and communication systems in the area of visas and borders, as well as (vi) measures to improve the interoperability of ICT systems.
Operating support
The maximum percentage of operating support is set at 33% of the amount allocated to the programme. Costs related to training activities and real estate will be covered for both objectives (borders and visas).
Transfer of resources
A clause is introduced to allow for the possible transfer to the instrument, at the request of the Member States, of up to 5% of the initial allocation from one of the Common Provisions Regulation (CPR) funds under shared management. Specific pre-financing rates deviating from the CPR are set for the instrument.
Delegated and implementing acts
The Commission's work programmes will be adopted by means of implementing acts (review procedure) and Annex III (scope of support) will be amended by means of a delegated act.