Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation establishes the Asylum, Migration and Integration Fund (the ‘Fund’) for the period from 1 January 2021 to 31 December 2027.

This Regulation lays down the objectives of the Fund, 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.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘applicant for international protection’ means an applicant as defined in point (c) of Article 2 of Directive 2013/32/EU of the European Parliament and of the Council (¹);

(2) ‘beneficiary of international protection’ means a beneficiary of international protection as defined in point (b) of Article 2 of Directive 2011/95/EU of the European Parliament and of the Council (²);

(3) ‘blending operation’ means actions supported by the Union budget, including within blending facilities within the meaning of point (6) of Article 2 of the Financial Regulation;

(4) ‘family member’ means any third-country national defined as a family member under the Union law relevant to the policy area of action supported under the Fund;

(5) ‘humanitarian admission’ means humanitarian admission as defined in Article 2, point (3), of Regulation (EU) 2024/1350 of the European Parliament and of the Council (³);

(6) ‘operating support’ means a part of a Member State’s allocation which may be used as support to the public authorities responsible for carrying out the tasks and providing the services which constitute a public service for the Union;

(7) ‘removal’ means removal as defined in point (5) of Article 3 of Directive 2008/115/EC;

(8) ‘resettlement’ means resettlement as defined in Article 2, point (1), of Regulation (EU) 2024/1350;

(9) ‘return’ means return as defined in point (3) of Article 3 of Directive 2008/115/EC;

(10) ‘specific actions’ means transnational or national projects that bring Union added value in line with the objectives of the Fund for which one, several or all Member States may receive an additional allocation to their programmes;

(11) ‘third-country national’ means any person, including a stateless person or a person with undetermined nationality, who is not a citizen of the Union as defined in Article 20(1) TFEU;

(12) ‘unaccompanied minor’ means an unaccompanied minor as defined in point (l) of Article 2 of Directive 2011/95/EU;

(13) ‘Union actions’ means transnational projects or projects of particular interest to the Union implemented in accordance with the objectives of the Fund;

(14) ‘vulnerable person’ means any person defined as a vulnerable person under the Union law relevant to the policy area of action supported under the Fund.

Article 3

Objectives of the Fund

Within the policy objective set out in paragraph 1, the Fund shall contribute to the following specific objectives:

(a) strengthening and developing all aspects of the Common European Asylum System, including its external dimension;

(b) strengthening and developing legal migration to the Member States in accordance with their economic and social needs, and promoting and contributing to the effective integration and social inclusion of third-country nationals;

(c) contributing to countering irregular migration, enhancing effective, safe and dignified return and readmission, and promoting and contributing to effective initial reintegration in third countries;

(d) enhancing solidarity and fair sharing of responsibility between the Member States, in particular as regards those most affected by migration and asylum challenges, including through practical cooperation.

Article 4

Partnership

For the purposes of the Fund, partnerships shall, pursuant to Article 8(1) of Regulation (EU) 2021/1060, include regional, local, urban and other public authorities or associations representing such authorities, relevant international organisations, non-governmental organisations, such as refugee organisations and migrant-led organisations, as well as national human rights institutions and equality bodies, and economic and social partners.

Article 5

Scope of support

To address unforeseen or new circumstances, the Commission is empowered to adopt delegated acts in accordance with Article 37 to amend the list of actions in Annex III in order to add new actions.

As regards actions in and in relation to third countries, the Commission and the Member States, together with the European External Action Service, shall, in accordance with their respective responsibilities, ensure coordination with relevant Union policies, strategies and instruments. They shall, in particular, ensure that actions in and in relation to third countries:

(a) are carried out in synergy and in coherence with other actions outside the Union supported through other Union instruments;

(b) are coherent with external Union policy, respect the principle of policy coherence for development and are consistent with the strategic programming documents for the region or country in question;

(c) focus on measures that are not development-oriented; and

(d) serve the interests of internal Union policies and are consistent with activities undertaken within the Union.

Article 6

Gender equality and non-discrimination

Article 7

Third countries associated to the Fund

The specific agreement covering the participation of the third country in the Fund, shall at a minimum:

(a) enable cooperation with the Member States and the Union institutions, bodies, offices and agencies in the area of asylum, migration and return in the spirit of the principle of solidarity and fair sharing of responsibility;

(b) be underpinned, throughout the duration of the Fund, by the principles of non-refoulement, democracy, the rule of law and respect for human rights;

(c) ensure a fair balance as regards the contributions made by, and the benefits received by, the third country participating in the Fund;

(d) lay down the conditions of participation in the Fund, including the calculation of financial contributions to the Fund, and its administrative costs;

(e) not confer on the third country any decision-making power in respect of the Fund;

(f) guarantee the rights of the Union to ensure sound financial management and to protect its financial interests;

(g) provide that the third country grants the necessary rights and access required for the authorising officer responsible, OLAF and the Court of Auditors in accordance with Article 8.

The contributions referred to in point (d) of the first subparagraph shall constitute assigned revenues in accordance with Article 21(5) of the Financial Regulation.

Article 8

Protection of the financial interests of the Union

Where a third country participates in the Fund by means of a decision adopted pursuant to an international agreement or on the basis of any other legal instrument, the third country shall grant the necessary rights and access required for the authorising officer responsible, OLAF and the Court of Auditors to comprehensively exercise their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, as provided for in Regulation (EU, Euratom) No 883/2013.

CHAPTER II

FINANCIAL AND IMPLEMENTATION FRAMEWORK

SECTION 1

Common provisions

Article 9

General principles

Article 10

Budget

The financial envelope shall be used as follows:

(a) EUR 6 270 000 000 shall be allocated to the Member States’ programmes;

(b) EUR 3 612 000 000 shall be allocated to the thematic facility referred to in Article 11.

Article 11

General provisions on the implementation of the thematic facility

Funding from the thematic facility shall be used for its components, which are as follows:

(a) specific actions;

(b) Union actions;

(c) emergency assistance as referred to in Article 31;

(d) resettlement and humanitarian admission;

(e) support to Member States for the transfer of applicants for international protection or of beneficiaries of international protection as a part of solidarity efforts as referred to in Article 20; and

(f) the European Migration Network as referred to in Article 26.

Technical assistance at the initiative of the Commission, as referred to in Article 35 of Regulation (EU) 2021/1060, shall also receive support from the amount referred to in point (b) of Article 10(2) of this Regulation.

The funding referred to in the first subparagraph of this paragraph, with the exception of funding used for emergency assistance in accordance with points (a) and (b) of the first subparagraph of Article 31(1), shall only support the actions listed in Annex III, including resettlement and humanitarian admission in accordance with Article 19 as part of the external dimension of the Union’s migration policy.

SECTION 2

Support and implementation under shared management

Article 12

Scope

Article 13

Budgetary resources

The amount referred to in point (a) of Article 10(2) shall be allocated to Member States’ programmes indicatively as follows:

(a) EUR 5 225 000 000 in accordance with Annex I;

(b) EUR 1 045 000 000 for the adjustment of the allocations to the Member States’ programmes referred to in Article 17(1).

Article 14

Pre-financing

In accordance with Article 90(4) of Regulation (EU) 2021/1060, the pre-financing for the Fund shall be paid in yearly instalments before 1 July of each year, subject to the availability of funds, as follows:

(a) 2021: 4 %;

(b) 2022: 3 %;

(c) 2023: 5 %;

(d) 2024: 5 %;

(e) 2025: 5 %;

(f) 2026: 5 %.

Article 15

Co-financing rates

The Commission decision approving a Member State’s programme shall set out for each type of action whether the co-financing rate is applied in respect of:

(a) the total contribution, including the public and private contributions; or

(b) the public contribution only.

Article 16

Member States’ programmes

Given the internal nature of the Fund, Member States’ programmes shall primarily serve internal Union policy in line with the specific objectives set out in Article 3(2) of this Regulation.

The Commission shall assess the Member States’ programmes in accordance with Article 23 of Regulation (EU) 2021/1060.

Within the resources allocated in Article 13(1), and without prejudice to paragraph 3 of this Article, each Member State shall allocate within its programme:

(a) a minimum of 15 % of its allocated resources to the specific objective set out in point (a) of Article 3(2); and

(b) a minimum of 15 % of its allocated resources to the specific objective set out in point (b) of Article 3(2).

The Commission may, where relevant, also draw on the expertise of decentralised agencies on specific issues falling within those agencies’ competencies.

Article 17

Mid-term review

Article 18

Specific actions

Article 19

Resources for resettlement and humanitarian admission

The amount referred to in paragraph 2 shall be increased to EUR 8 000 for each person admitted through humanitarian admission or admitted under a national resettlement scheme who belongs to one or more of the following vulnerable groups:

(a) women and children at risk;

(b) unaccompanied minors;

(c) persons having medical needs that can be addressed only through humanitarian admission;

(d) persons in need of humanitarian admission for legal or physical protection needs, including victims of violence or torture.

Article 20

Resources for the transfer of applicants for international protection or of beneficiaries of international protection

Article 21

Operating support

Article 22

Management verifications and audits of projects carried out by international organisations

In addition, where costs are to be reimbursed pursuant to point (a) of Article 53(1) of Regulation (EU) 2021/1060, the management declaration to be submitted by the international organisation shall confirm that:

(a) invoices and proof of their payment by the beneficiary have been verified;

(b) the accounting records or accounting codes maintained by the beneficiary for transactions linked to the expenditure declared to the managing authority have been verified.

Paragraph 2 shall not apply, and consequently a managing authority shall be required to carry out management verifications, where:

(a) that managing authority identifies a specific risk of irregularity or an indication of fraud with respect to a project initiated or implemented by the international organisation;

(b) the international organisation fails to submit to that managing authority the documents referred to in paragraphs 2 to 5 and 7;

(c) the documents referred to in paragraphs 2 to 5 and 7 that have been submitted by the international organisation are incomplete.

SECTION 3

Support and implementation under direct or indirect management

Article 23

Scope

The Commission shall implement support under this Section either directly in accordance with point (a) of the first subparagraph of Article 62(1) of the Financial Regulation or indirectly in accordance with point (c) of that subparagraph.

Article 24

Eligible entities

The following entities are eligible for Union financing:

(a) legal entities established in: (i) a Member State or an overseas country or territory linked to it; (ii) a third country associated to the Fund pursuant to a specific agreement under Article 7, subject to it being covered by the work programme and conditions therein; (iii) a third country listed in the work programme, under the conditions specified in paragraph 3;

(b) legal entities created under Union law or any international organisation relevant for the purposes of the Fund.

Entities participating as part of a consortium as referred to in the first subparagraph of this paragraph shall ensure that the actions in which they participate comply with the principles enshrined in the Charter and contribute to the achievement of the objectives of the Fund.

Article 25

Union actions

Article 26

European Migration Network

Article 27

Blending operations

Blending operations decided under the Fund shall be carried out in accordance with Regulation (EU) 2021/523 and Title X of the Financial Regulation.

Article 28

Technical assistance at the initiative of the Commission

In accordance with Article 35 of Regulation (EU) 2021/1060, the Fund may support technical assistance implemented at the initiative of, or on behalf of, the Commission, at a financing rate of 100 %.

Article 29

Audits

Audits of the use of the Union contribution carried out by persons or entities, including by persons or entities other than those mandated by the Union institutions, bodies, offices or agencies, shall form the basis of the overall assurance pursuant to Article 127 of the Financial Regulation.

Article 30

Information, communication and publicity

Financial resources allocated to the Fund shall also contribute to the corporate communication of the political priorities of the Union, insofar as those priorities are related to the objectives of the Fund.

SECTION 4

Support and implementation under shared, direct or indirect management

Article 31

Emergency assistance

The Fund shall provide financial assistance to address urgent and specific needs in the event of duly justified emergency situations resulting from one or more of the following cases:

(a) an exceptional migratory situation characterised by a large or disproportionate influx of third-country nationals into one or more Member States which places significant and urgent demands on those Member States’ reception and detention facilities, and on their asylum and migration management systems and procedures;

(b) an event of a mass influx of displaced persons within the meaning of Council Directive 2001/55/EC (⁷);

(c) an exceptional migratory situation in a third country, including where persons in need of protection could be stranded due to political developments or conflicts, notably where it might have an impact on migration flows towards the Union.

In response to such duly justified emergency situations, the Commission may decide to provide emergency assistance, including for voluntary relocation, within the limits of available resources. In such cases, the Commission shall inform the European Parliament and the Council in a timely manner.

Article 32

Cumulative and alternative financing

In accordance with Article 73(4) of Regulation (EU) 2021/1060, the ERDF or the ESF+ may support actions attributed a Seal of Excellence label as defined in point (45) of Article 2 of that Regulation. In order to be attributed a Seal of Excellence label, the actions shall comply with the following cumulative conditions:

(a) they have been assessed in a call for proposals under the Fund;

(b) they comply with the minimum quality requirements of that call for proposals;

(c) they cannot be financed under that call for proposals due to budgetary constraints.

SECTION 5

Monitoring, reporting and evaluation

Subsection 1

Common provisions

Article 33

Monitoring and reporting

Article 34

Evaluation

By 31 December 2024, the Commission shall carry out a mid-term evaluation of this Regulation. In addition to what is provided for in Article 45(1) of the Regulation (EU) 2021/1060, the mid-term evaluation shall assess the following:

(a) the effectiveness of the Fund, including the progress made towards the achievement of its objectives, taking into account all relevant information already available, in particular the annual performance reports referred to in Article 35 and the output and result indicators set out in Annex VIII;

(b) the efficiency of the use of resources allocated to the Fund and the efficiency of the management and control measures put in place to implement it;

(c) the continued relevance and appropriateness of the implementation measures listed in Annex II;