Forslag til EUROPA-PARLAMENTETS OG RÅDETS FORORDNING om EU-støtte til asyl, migration og integration for perioden 2028-2034

EN EN
EUROPEAN
COMMISSION
Brussels, 16.7.2025
COM(2025) 540 final
2025/0540 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
establishing the Union support for asylum, migration and integration for the period
from 2028 to 2034
Offentligt
KOM (2025) 0540 - Forslag til forordning
Europaudvalget 2025
EN 2 EN
EXPLANATORY MEMORANDUM
1. CONTEXT OF THE PROPOSAL
• Reasons and objectives
The Commission Political Guidelines 2024-2029 emphasise that migration is a European
challenge that must be met with a European solution. Europe’s geopolitical context has
significantly changed, profoundly affecting the Union’s migration and asylum management,
which has been further impacted by the weaponisation of migration. Member States need to
be able to rapidly and effectively respond to developments of migratory flows and receive
Union support for that purpose.
With the adoption of the Pact on Migration and Asylum (the ‘Pact’) the Union has made a
significant progress toward a comprehensive approach to asylum, migration and border
management, including its external dimension. The Pact sets up a system governed by the
principle of solidarity and the fair sharing of responsibility, including its financial
implications, between the Member States. The success of the new system created by the Pact
relies on the readiness of all Member States – with the actions of one having implications for
all. The Pact implementation has to be manageable for everyone and be managed together.
The Pact requires Member States to develop National Implementation Plans based on the
Common Implementation Plan of the Commission. It is clear from those plans that significant
financial resources will be needed in the years ahead. Member States need to make the
necessary reforms to ensure national systems are efficient and fit-for-purpose in line with the
Pact obligations and that the European system created by the Pact functions as it should.
This also implies providing adequate EU funds to support its implementation. In addition to
the immediate needs that will be funded under the current Multiannual Financial Framework
2021-2027, Member States will need to continue investing and improving their systems. For
example, every three years the Commission will reassess the ‘adequate capacity’ obligations
of Member States for the implementation of the border procedure. This reassessment may
require that Member States make further investments to fulfil their obligations.
Furthermore, the need to develop national integrated case management systems bringing
together asylum, reception, and return has been identified by the Commission as a key priority
in almost all Member States. The significant changes required in many Member States to
build these integrated systems and embrace the digitalisation agenda will require significant
investments in the medium-to-long term. This digitalisation, including the evolution of the
artificial intelligence-based (AI) technology, is also a key component for simplifying and
increasing the efficiency of the system which could eventually lead to the creation of
European case-management systems.
While it should be supported mostly through the Regulation (EU) […] [Global Europe], the
external dimension and innovative solutions to migration and asylum management would
continue in the years to come to play an important part in the EU response. Member States
and the EU should also have certain margin to be able to support specific activities in third
countries.
Finally, the Pact obligations have created significant needs in terms of personnel, including
case workers, legal advisers, monitors for fundamental rights, representatives for
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unaccompanied minors, vulnerability experts and so on, as well as new obligations regarding
reception with significant running costs. These are key components that ensure the European
system works in practice. Systemic failures in these areas in one Member State impact all
Member States. It is thus fundamental that the EU supports Member States in this endeavour.
Furthermore, Member States’ needs will have to be reassessed regularly based on the
evaluation of the migratory situation. The ultimate objective is to ensure that all Member State
will continuously have a ‘well-prepared system’.
The scope of the Union support should be coherent with the policy priorities and flexible, so
to allow for new developments to be taken into account. Building on the results and
investments in the areas of asylum and migration from the previous programming periods,
this proposal provides the necessary Union support to achieve the objectives of the
comprehensive approach to migration and asylum. It also offers support for legal migration
and early integration of third-country nationals as well as horizontal measures supporting
Member States’ capacities in the field of integration.
Furthermore, Union support should be available for the new common approach and legislative
framework proposed by the Commission1
with swifter, simpler and more effective return
procedures across the EU and innovative solutions for migration management. This new legal
framework for returns constitutes a key piece to complement the Pact on Migration and
Asylum.
The proposal aims to address the need for greater flexibility in the management of the Union
support, including a stronger performance orientation, as well as enhanced simplification for
all actors involved in its implementation. For this, strict complementarity is enforced with the
proposal for a Regulation (EU) […] establishing the European Fund for economic, social and
territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security,
introducing new mechanisms for the allocation of funding for shared, direct and indirect
management. As challenges in the area of migration and asylum are constantly evolving, there
is also a need to respond to pressing needs and changes in policy and Union priorities, and to
steer funding towards actions with a high level of Union added value, in particular through an
EU Facility offering flexibility in the management of the Union support.
The present proposal, together with the proposal for a Regulation (EU) […] establishing the
Union support for the Schengen area, for European integrated border management and for the
common policy on visas and the proposal for a Regulation (EU) […] establishing the Union
Support for internal security, provide the specific legal framework for the Union action in the
areas of efficient management of migration and asylum, European integrated border
management at the external borders, well-functioning Schengen area and European visa
policy, and internal security. The rules regulating the participation of some Member States of
the European Union to the rules established in accordance with Title V of Part Three TFEU
(see variable geometry section) justify the need to have three specific instruments to provide
support in these areas. These three Regulations complement each other and the proposal for
Regulation (EU) […] establishing the European Fund for economic, social and territorial
cohesion, agriculture and rural, fisheries and maritime, prosperity and security, through which
they will be implemented.
1
COM (2025) 101 final. Proposal for a Regulation of the European Parliament and of the Council
establishing a common system for the return of third-country nationals staying illegally in the Union,
and repealing Directive 2008/115/EC of the European Parliament and the Council, Council Directive
2001/40/EC and Council Decision 2004/191/EC
EN 4 EN
The proposed Regulation builds on Regulation (EU) 2021/11472
, while taking into account
new policy developments and the need to provide an agile response to evolving migration and
asylum challenges both within the EU and in cooperation with other countries.
• Consistency with existing policy provisions
The Union support for asylum, migration and integration will work in complementarity with
the other policies under the scope of the proposal for establishing the European Fund for
economic, social and territorial cohesion, agriculture and rural, fisheries and maritime,
prosperity and security, thus fostering synergies between these policies. However, a strong
and comprehensive EU policy on migration and asylum needs action across the full spectrum
of the tools at its disposal, including activities of relevant Union decentralised agencies.
The six Home Affairs decentralised Agencies (Frontex, Europol, EUAA, eu-LISA, EUDA
and Cepol) play an important and increasing role in the implementation of the Home Affairs
policies. It is essential to ensure coherence between policy strategies set out at EU level and
the operational activities of the decentralised agencies, thereby also maximising the
contribution to the EU policy objectives from the EU funding provided to the decentralised
agencies. The operational role of the decentralised agencies may require further strengthening,
accompanied by corresponding increase of funding.
• Consistency with other Union policies
Union migration policy relies on the synergies and coherence with relevant EU policies such
as border management, internal security, and the social inclusion and integration of third-
country nationals. In addition, consistency and complementarity will also be ensured with the
Union external policies supporting third countries through Regulation (EU) […] [Global
Europe] in a wide range of areas with important links to internal policies, including migration
and asylum, which should ensure an increased coherence with the Union’s support for
cooperation on migration with partner countries, contributing to a coordinated, holistic and
structured approach to migration, maximising synergies and increasing leverage. In this
context, the synergies between the support to cross-border cooperation under Global Europe
and the one that can be provided under this Regulation are particularly relevant for enhancing
border management and pursuing efforts to prevent irregular migration. To promote those
synergies, enhanced coordination and consistency should be sought between policy priorities
and EU spending towards third countries.
This proposal is also consistent with the priorities set out in the Union of Skills’ external
strand on attracting and retaining skills from third countries, including the future legal
gateway offices, which can be supported by initiatives such as the EU Talent Pool and the
Talent Partnerships. To support the competitiveness agenda, investments based on innovative
methods or new technologies, including measures aiming to test and validate the outcome of
Union-funded research projects should also be considered.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Article 3(2) of the Treaty on European Union provides that ‘the Union shall offer its citizens
an area of freedom, security and justice without internal frontiers, in which the free movement
of persons is ensured in conjunction with appropriate measures with respect to external border
2
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controls, asylum, immigration and the prevention and combating of crime’. The legal basis for
this proposal can be found in Article 78(2) as well as in Article 79(2) and Article 79(4) of the
Treaty on the Functioning of the Union (TFEU).
• Variable geometry
This Regulation is based on legal bases under Title V of Part Three TFEU, concerning the
area of freedom, security and justice. As a consequence, the application of the Regulation to
Denmark and Ireland is subject to special provisions laid down in Protocol No 21 and
Protocol No 22 annexed to the TEU and the TFEU.
In accordance with Articles 1 and 2 of Protocol No 22, Denmark does not take part in the
adoption by the Council of measures proposed pursuant to Title V of Part Three TFEU, and
such measures are not binding upon or applicable in Denmark.
In accordance with Articles 1 and 2 of Protocol No 21, Ireland does not take part in the
adoption by the Council of measures proposed pursuant to Title V of Part Three TFEU, and
such measures are not binding on or applicable in Ireland. However, Ireland may choose to
take part in the adoption and application of any such proposed measure. In addition, anytime
after the adoption of such a measure, Ireland may accept the measure, subject to the
completion of procedures referred to in Article 4 of Protocol No 21.
• Subsidiarity (for non-exclusive competence)
The objectives of the proposal cannot be achieved by Member States acting alone, as the
challenges are of a cross-border nature, and not limited to single Member States or to a subset
of Member States. Union support creates added value by promoting a common approach
across Member States when implementing EU acquis and standards and fostering
collaboration between Member States on transnational issues.
• Proportionality
The proposal does not go beyond what is necessary to achieve the objectives mentioned under
section 1. It falls within the scope for action in the area of freedom, security and justice, as
defined in Title V of Part Three TFEU. The objectives and corresponding Union support are
proportionate to what the instrument aims to achieve.
• Choice of the instrument
The most appropriate instrument for operating the current proposal is a Regulation of the
European Parliament and the Council establishing the Union support for asylum, migration
and integration for the period from 1 January 2028 to 31 December 2034, complementing the
proposal for Regulation (EU) […] establishing the European Fund for economic, social and
territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security.
3. RESULTS OF RETROSPECTIVE EVALUATIONS, STAKEHOLDER
CONSULTATIONS AND IMPACT ASSESSMENTS
• Retrospective evaluations/fitness checks of existing legislation
The preliminary outcomes of the ongoing ex-post evaluation of the Asylum, Migration and
Integration Fund (AMIF) for the 2014-2020 programming period confirm that the AMIF
contributed to the objectives intended by the Fund to a variable extent. Stakeholders perceived
the administrative burden as proportionate to the benefits and similar to other EU Funds, but
less proportionate in comparison to national funds. The introduction of simplified cost options
was viewed positively, although their use was relatively limited. The AMIF demonstrated
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good coherence with the European Social Fund, which according to stakeholders could be
further reinforced. The AMIF strongly contributed to the introduction of new services, the
ability to reach a broader audience and the expansion of services and innovation. Overall, the
ex-post evaluation underlines the need to enhance simplification in the implementation of the
fund, notably by reducing reporting requirements and expanding the use of simplified cost
options. The evaluation also pleads for reducing rigidities in the management of the budget,
including by introducing more flexible budgeting mechanisms easing cross-fertilisation
between different objectives and decreasing the number of programmes’ modifications.
The preliminary outcomes of the mid-term evaluation of the AMIF for the 2021-2027
programming period confirm that the monitoring and evaluation framework for AMIF has
significantly improved compared to the 2014-2020 programming period. Simplified cost
options and flat-rate technical assistance have contributed to reducing administrative burden,
yet the implementation of simplified cost options is still relatively limited. The AMIF
demonstrates strong coherence with the programming of other EU Funds, particularly the
European Social Fund Plus (ESF+), the Instrument for financial support for Border
Management and Visa Policy (BMVI) and the European Regional Development Fund
(ERDF). The mid-term evaluation broadly confirms the conclusions of the ex-post evaluation
concerning the need for more simplification and flexibility in the management of the
programmes and projects, to adapt quickly to the impact of external factors. The mid-term
evaluation underlines the need to reinforce the links and coordination with the other Union
Funds, especially in view of the implementation of the Pact on Migration and Asylum. This
could also help national authorities to better cover relevant needs through a more coordinated
programming of the Union Funds.
• Stakeholder consultations
The Commission actively engaged with the stakeholders in the process of the initiative,
notably through dedicated events and public consultation activities, as detailed in the
corresponding chapter of the explanatory memorandum of the proposal for a Regulation (EU)
[…] establishing the European Fund for economic, social and territorial cohesion, agriculture
and rural, fisheries and maritime, prosperity and security.
• External expertise
Information about the Commission’s use of external expertise is provided in the
corresponding chapter of the explanatory memorandum of the proposal for a Regulation (EU)
[…] establishing the European Fund for economic, social and territorial cohesion, agriculture
and rural, fisheries and maritime, prosperity and security.
• Impact assessment
Information about the Commission’s Impact Assessment is provided in the corresponding
chapter of the explanatory memorandum of the proposal for a Regulation (EU) […]
establishing the European Fund for economic, social and territorial cohesion, agriculture and
rural, fisheries and maritime, prosperity and security.
• Simplification
The initiative is expected to contribute to a significant reduction of administrative burden and
costs, as well as improved efficiency in the implementation of Union support, see also the
corresponding chapter of the explanatory memorandum of the proposal for a Regulation (EU)
[…] establishing the European Fund for economic, social and territorial cohesion, agriculture
and rural, fisheries and maritime, prosperity and security.
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• Fundamental rights
The Union support will be implemented in compliance with the Charter of Fundamental
Rights of the European Union and the principle of the rule of law, as set out in Article 2(a) of
Regulation (EU, Euratom) 2020/2092, see also the corresponding section in the Explanatory
Memorandum accompanying the Commission proposal for the proposal for a Regulation (EU)
[…] establishing the European Fund for economic, social and territorial cohesion, agriculture
and rural, fisheries and maritime, prosperity and security.
4. BUDGETARY IMPLICATIONS
The indicative financial envelope for the implementation of the objectives under the Union
support is set at EUR 11 975 428 500 for the period from 2028 to 2034 in current prices. It
shall be implemented in compliance with the horizontal rules for the National and Regional
Partnership Plans laid down in Regulation (EU) […] establishing the European Fund for
economic, social and territorial cohesion, agriculture and rural, fisheries and maritime,
prosperity and security.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The Union support under this proposal will be implemented through shared management by
the Member States and direct and indirect management by the Commission. The
implementation of the Union support will be monitored through the performance framework
applicable for the 2028-2034 multiannual financial framework set out in the proposal for a
Regulation (EU) […] establishing a budget expenditure tracking and performance framework
and other horizontal rules of the Union programmes and activities.
• Detailed explanation of the specific provisions of the proposal
The proposed Regulation defines in Article 1 the scope of the Union support for the Asylum,
Migration and Integration for the period from 1 January 2028 to 31 December 2034. For this,
essential definitions are given in Article 2, and four objectives are set out in Article 3, which
will be achieved through Union support under the horizontal rules of the European Fund for
economic, social and territorial cohesion, agriculture and rural, fisheries and maritime,
prosperity and security established by Regulation (EU) […]. These objectives refer to the
areas of the Common European Asylum System; return and readmission of irregular migrants,
including their reintegration in third countries and countering irregular migration; legal
migration and early integration and social inclusion of third-country nationals; solidarity and
fair sharing of responsibility between the Member States.
In Article 4 the proposal lays down provisions for the financing of the Union support
To foster the implementation of the Union acquis and to support efforts to ensure a
comprehensive approach to the management of migration grounded on mutual trust, solidarity
and fair sharing of responsibility between Member States, the proposed Regulation also sets
out the rules for the budgetary treatment of the resources for resettlement and humanitarian
admission (Article 5), the resources for the transfer of applicants for international protection
or of beneficiaries of international protection (Article 6), and the financial contributions from
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Member States for the purpose of the Annual Solidarity Pool established by Regulation (EU)
2024/1351 of the European Parliament and of the Council of 14 May 20243
(Article 9).
Article 7 defines the necessary conditions to be fulfilled by third countries to be associated to
the Union support provided under this proposal. Article 8 covers the funding of the European
Migration Network set up by Council Decision 2008/381/EC4
in accordance with its
objectives and tasks. Article 10 lays down transitional provisions. The date of the entry into
force of the proposed Regulation is set in Article 11, and it is stipulated that the Regulation
will be binding in its entirety and directly applicable in all Member States in accordance with
the Treaties from 1 January 2028.
3
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum
and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing
Regulation (EU) No 604/2013.
4
2008/381/EC: Council Decision of 14 May 2008 establishing a European Migration Network.
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2025/0540 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
establishing the Union support for asylum, migration and integration for the period
from 2028 to 2034
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Articles 78(2) and Article 79(2) and (4) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee5
,
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure6
,
Whereas:
(1) The purpose of this Regulation is to contribute to the Union’s objective of constituting
an area of freedom, security and justice in accordance with the Treaty on the
Functioning of the European Union (TFEU) through provision of Union support for
the development of a common policy on asylum, subsidiary protection and temporary
protection with a view to offering appropriate status to any third-country national
requiring international protection and ensuring compliance with the principle of non-
refoulement in accordance with Article 77 TFEU, and a common immigration policy
aimed at ensuring, at all stages, the efficient management of migration flows, fair
treatment of third-country nationals residing legally in Member States, and the
prevention of, and enhanced measures to combat, illegal immigration and trafficking
in human beings in accordance with Article 79 TFEU.
(2) The entry into force of the Pact on Migration and Asylum in June 2024 has reshaped
the Union’s asylum and migration policy. To foster the implementation of the Pact and
to support efforts to ensure a comprehensive approach to the management of migration
that is grounded on solidarity and fair sharing of responsibility between Member
States, Union institutions and agencies, Member States should be supported by
adequate financial resources. This Union support will be provided under the horizontal
rules of the European Fund for economic, social and territorial cohesion, agriculture
and rural, fisheries and maritime, prosperity and security established by Regulation
(EU) […].
5
OJ C […], […], p. […].
6
Position of the European Parliament of […] and position of the Council of […].
EN 10 EN
(3) This Regulation lays down the objectives of the Union support on asylum, migration
and integration policy. Member States should ensure that their National and Regional
Partnership Plans address each of the objectives set out by this Regulation.
(4) The amounts to be allocated per Member State should be set out by the Commission in
accordance with the allocation methodology laid down in Regulation (EU) […]
establishing the European Fund for economic, social and territorial cohesion,
agriculture and rural, fisheries and maritime, prosperity and security through a single
implementing decision. That decision should as a rule also cover the amounts under
the Regulation (EU) […] establishing the European Fund for economic, social and
territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and
security, the Regulation (EU) […] establishing the Union support for the Schengen
area, for European integrated border management and for the common policy on visas
and the Regulation (EU) […] establishing the Union Support for internal security.
(5) The Union support should build on the results and investments in the areas of asylum
and migration from the previous programming periods: (i) the European Refugee Fund
established by Decision No 573/2007/EC of the European Parliament and of the
Council7
for the period 2008-2013; (ii) the European Fund for the Integration of third-
country nationals established by Council Decision 2007/435/EC8
for the period 2007-
2013; (iii) the European Return Fund established by Decision No 575/2007/EC of the
European Parliament and of the Council9
for the period 2008-2013; (iv) the Asylum,
Migration and Integration Fund established by Regulation (EU) No 516/2014 of the
European Parliament and of the Council10
for the period 2014-2020, and (v) the
Asylum, Migration and Integration Fund for the period 2021-2027, established by
Regulation (EU) 2021/1147 of the European Parliament and of the Council11
. The
scope of the Union support should also allow for new developments to be taken into
account.
(6) Europe’s geopolitical context has significantly changed, profoundly affecting the
Union’s migration management, also due to the role of State actors in artificially
creating and facilitating irregular migration, instrumentalising migratory flows as a
tool for political purposes, and to the use of hybrid warfare tactics, such as the
7
Decision No 573/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing
the European Refugee Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity
and Management of Migration Flows’ and repealing Council Decision 2004/904/EC (OJ L 144,
6.6.2007, p. 1, ELI: http://data.europa.eu/eli/dec/2007/573/oj).
8
Council Decision 2007/435/EC of 25 June 2007 establishing the European Fund for the Integration of
third-country nationals for the period 2007 to 2013 as part of the General programme ‘Solidarity and
Management of Migration Flows’ (OJ L 168, 28.6.2007, p. 18,
ELI: http://data.europa.eu/eli/dec/2007/435/oj).
9
Decision No 575/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing
the European Return Fund for the period 2008 to 2013 as part of the General Programme ‘Solidarity
and Management of Migration Flows’ (OJ L 144, 6.6.2007, p. 45,
ELI: http://data.europa.eu/eli/dec/2007/575/oj).
10
Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014
establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and
repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the
Council and Council Decision 2007/435/EC (OJ L 150, 20.5.2014, p. 168,
ELI: http://data.europa.eu/eli/reg/2014/516/oj).
11
Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing
Asylum Migration and Integration Fund (OJ 251, 15.07.2021, p.1-47,
ELI: http://data.europa.eu/eli/reg/2021/1147/oj).
EN 11 EN
weaponisation of migration12
, to destabilise the European Union and its Member
States. Member States need to be able to rapidly and effectively respond to
developments of migratory flows and receive Union support for that purpose. To
respond to these European challenges, the allocation of Union support should reflect
the Union’s priorities. Therefore, the Union support implemented under the rules
governing the Member States National and Regional Partnership Plans should
contribute to effectively addressing the challenges identified in the context of the long-
term European Asylum and Migration Management Strategy and the annual migration
management cycle established in accordance with Regulation (EU) 2024/1351 of the
European Parliament and of the Council of 14 May 202413
, including the annual
solidarity mechanism and the Union Resettlement and Humanitarian Admission
Framework.
This Union support under this Regulation should finance measures tailored to the
needs of third-country nationals that are generally implemented in the early stages of
integration, as well as horizontal measures supporting Member States’ capacities in
the field of integration, whereas interventions for third-country nationals with a
longer-term impact should be pursued under other Union supports.
(7) As challenges in the area of migration and asylum are constantly evolving, there is a
need to adapt the allocation of the Union support under this Regulation to the changes
in migration flows and asylum. To respond to pressing needs and changes in policy
and Union priorities, and to steer funding towards actions with a high level of Union
added value, part of the Union support under this Regulation should be implemented
in direct, shared and indirect management via the EU Facility established pursuant to
Regulation (EU) […] establishing the European Fund for economic, social and
territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and
security. The EU Facility offers flexibility in the management of the Union support,
and, for shared management, it should be implemented through the Member States’
National and Regional Partnership Plans.
(8) The Commission and the Member States should ensure that the knowledge, expertise
and experience of relevant Union bodies, offices and agencies are taken into account
in the development of Member States’ National and Regional Plans and when
implementing measures or addressing challenges in relation to migration management,
border control and management and internal security. Where appropriate, the
Commission should also be able to involve the relevant Union bodies, offices and
agencies in activities aiming to ensure that the measures supported by the Union
support comply with the relevant Union acquis and agreed Union priorities.
(9) The Union support should also contribute to the implementation of temporary
protection in relation to Council Directive 2001/55/EC14
in the event of a mass influx
12
Communication from the Commission to the European Parliament and the Council on countering
hybrid threats from the weaponisation of migration and strengthening security at the EU’s external
borders (COM(2024) 570 final of 11.12.2024).
13
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum
and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing
Regulation (EU) No 604/2013, OJ L, 2024/1351, 22.5.2024, ELI:
http://data.europa.eu/eli/reg/2024/1351/oj).
14
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection
in the event of a mass influx of displaced persons and on measures promoting a balance of efforts
EN 12 EN
of displaced persons, including of temporary protection introduced and extended by
past Council decisions, and the implementation of measures to promote a balance of
efforts between the Member States hosting such persons.
(10) The Member States should build on the principle of partnership in the implementation
of the Union support to ensure continuity in the governance approach.
(11) The Union support should contribute to ensuring consistency, coherence, synergies
and complementarities between the Union’s internal and external policies. An
increased coherence is needed between migration, asylum, return and external policies
and it is important to ensure that the Union’s external assistance and Union support
under this Regulation contribute to a coordinated, holistic and structured approach to
migration, maximising synergies and increasing leverage. Union support under this
Regulation may also include support to the relevant resources of the EU delegations in
duly justified cases, and be coordinated between the Member States and the
Commission in programming and implementation stages.
(12) Europe must protect its security interests against suppliers which could represent a
persistent security risk due to the potential interference from third countries as well as
their cybersecurity practices. It is therefore necessary to reduce the risk of persisting
dependency on high-risk suppliers in the internal market, as they could have
potentially serious negative impacts on security for users, companies and
authorities across the EU in terms of the integrity of data and services as well as the
availability of service. This exclusion should be based on a proportionate risk
assessment and associated mitigation measures as defined in the Union policies and
laws.
(13) Resettlement and humanitarian admission are safe and legal alternatives to irregular
migration and a tool of European solidarity with countries that are not Member States
and which host large numbers of persons fleeing war or persecution. Resettlement and
humanitarian admission efforts by the Member States undertaken in the framework of
Regulation (EU) 2024/1350 of the European Parliament and of the Council15
should be
supported by appropriate funding from the Union's budget. In view of the specific
nature of the support needed for purposes of resettlement and humanitarian admission
and for the transfer of applicants for international protection or of beneficiaries of
international protection, it is necessary to provide in this Regulation for pre-identified
amounts per unit for such support.
(14) This Regulation should also ensure the continuation of the European Migration
Network set up by Council Decision 2008/381/EC16
in accordance with its objectives
and tasks.
(15) Given that Member States subject to migratory pressure should be able to rely on
Union support, this Regulation should set out the rules in order to make available to
between Member States in receiving such persons and bearing the consequences thereof, (OJ L 212,
7.8.2001, p. 12–23, ELI: http://data.europa.eu/eli/dir/2001/55/oj).
15
Regulation (EU) 2024/1350 of the European Parliament and of the Council of 14 May 2024 establishing
a Union Resettlement and Humanitarian Admission Framework, and amending Regulation (EU)
2021/1147, (OJ L, 2024/1350, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1350/oj,
ELI: http://data.europa.eu/eli/dec/2008/381/oj).
16
Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network (OJ L 131,
21.5.2008, p. 7, ELI: http://data.europa.eu/eli/dec/2008/381/oj).
EN 13 EN
benefitting Member States the respective share of the financial contributions included
in the Annual Solidarity Pool established by Regulation (EU) 2024/135117
.
(16) A third country that has concluded an agreement with the Union on the criteria and
mechanisms for establishing the State responsible for examining an application for
international protection registered in a Member State or registered in that third country
should be allowed to participate in the Union support through this Regulation provided
certain conditions are fulfilled.
(17) All actions supported in accordance with the Union support under this Regulation
should be implemented in compliance with the rights and principles enshrined in the
Union acquis and the Charter of Fundamental Rights of the European Union and
should be in line with the international obligations of the Union and the Member
States arising from the international instruments to which they are party.
(18) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark,
annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of
this Regulation and is not bound by it or subject to its application.
(19) [In accordance with Article 3 of Protocol No 21 on the position of the United
Kingdom and Ireland in respect of the area of freedom, security and justice, annexed
to the Treaty on European Union (TEU) and the TFEU, Ireland has notified [, by letter
of …,] its wish to take part in the adoption and application of this Regulation.
OR
In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United
Kingdom and Ireland in respect of the area of freedom, security and justice, annexed
to the Treaty of the European Union (TEU) and to the TFEU, and without prejudice to
Article 4 of that Protocol, Ireland is not taking part in the adoption of this Regulation
and is not bound by it or subject to its application],
HAVE ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation lays down the objectives and financing of the Union support for the
implementation, strengthening and development of the common policy on asylum and the
common immigration policy for the period from 1 January 2028 to 31 December 2034. The
Union support shall contribute to the efficient management of migration flows and asylum,
including by providing support for the implementation, strengthening and development of the
Pact on Migration and Asylum, and the common system of temporary protection for displaced
persons in the event of a mass influx.
This Union support shall be provided under the horizontal rules of the European Fund for
economic, social and territorial cohesion, agriculture and rural, fisheries and maritime,
prosperity and security established by Regulation (EU) […].
17
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum
and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing
Regulation (EU) No 604/2013, OJ L, 2024/1351, 22.5.2024, ELI:
http://data.europa.eu/eli/reg/2024/1351/oj).
EN 14 EN
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
(1) ‘applicant for international protection’ means an applicant as defined in Article 2,
point (4) of Regulation (EU) 2024/1351;
(2) ‘beneficiary of international protection’ means a beneficiary of international
protection as defined in Article 2, point (7) of Regulation (EU) 2024/1351;
(3) ‘temporary protection’ means temporary protection as defined in Article 2, point (a)
of Directive 2001/55/EC18
;
(4) ‘family member’ means a family member as defined in Article 2, point (8) of
Regulation (EU) 2024/1351;
(5) ‘humanitarian admission’ means humanitarian admission as defined in Article 2,
point (3) of Regulation (EU) 2024/1350 ;
(6) ‘resettlement’ means resettlement as defined in Article 2, point (1) of Regulation
(EU) 2024/1350;
(7) ‘third-country national’ means third country national as defined in Article 2, point (1)
of Regulation (EU) 2024/1351;
(8) ‘unaccompanied minor’ means an unaccompanied minor as defined in Article 2,
point (11) of Regulation (EU) 2024/1351;
(9) ‘vulnerable person’ means any person defined as a vulnerable person under the
Union law relevant to the policy area of action supported under the Union support;
(10) ‘benefitting Member State’ means a benefitting Member State as defined in Article 2,
point (19) of Regulation (EU) 2024/1351;
(11) ‘contributing Member State’ means a contributing Member State as defined in
Article 2, point (20) of Regulation (EU) 2024/1351;
(12) ‘financial contributions’ means financial contributions in accordance with Article 56,
point (b) of paragraph 2 of Regulation (EU) 2024/1351.
Article 3
Objectives for the Union support for asylum, migration and integration
1. In order to ensure an efficient management of migration flows, the Union support
shall contribute to each of the following objectives:
(a) strengthening and developing all aspects of the Common European Asylum
System;
18
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection
in the event of a mass influx of displaced persons and on measures promoting a balance of efforts
between Member States in receiving such persons and bearing the consequences thereof.
EN 15 EN
(b) enhancing effective, safe and dignified return and readmission, promoting and
contributing to the effective reintegration in third countries, and contributing to
countering irregular migration by preventing and combating migrant smuggling
and trafficking in human beings as well as instrumentalisation and
weaponisation of irregular migration;
(c) strengthening and developing legal migration to the Member States in
accordance with their needs, and promoting and contributing to the effective
integration and social inclusion of third-country nationals during the early
phases of settlement;
(d) ensuring solidarity and fair sharing of responsibility between the Member
States, including through practical cooperation innovative methods and new
technologies, and contributing to a comprehensive approach for the internal
and external components of migration and asylum management.
2. The Union support shall be implemented in accordance with the relevant Union
acquis and in full respect of the international obligations of the Union and the
Member States arising from the international instruments to which they are party.
3. The Member States shall ensure that the priorities of their National and Regional
Partnership Plans include actions to achieve each of the objectives of the Union
support under this Regulation, and that the allocation of resources between objectives
is proportionate to the identified challenges and needs.
Article 4
Financing
1. The indicative financial envelope for the implementation of the objectives set out in
Article 3 for the period from 2028 to 2034 is set at EUR 11 975 428 500 in current
prices. It shall be implemented in compliance with the horizontal rules for the
National and Regional Partnership Plans laid down in Regulation (EU) […]
establishing the European Fund for economic, social and territorial cohesion,
agriculture and rural, fisheries and maritime, prosperity and security.
2. The Commission shall adopt an implementing act to establish the amount per
Member State by applying the allocation methodology set out in Section B, Annex I
of Regulation (EU) […] establishing the European Fund for economic, social and
territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and
security.
3. In addition, the budgetary appropriations for the objectives set out in Article 3 of this
Regulation, implemented through the EU Facility under Title IV of Regulation (EU)
[…] establishing the European Fund for economic, social and territorial cohesion,
agriculture and rural, fisheries and maritime, prosperity and security, shall be
established in the framework of the annual budgetary procedure provided for in
Article 314 TFEU.
4. For measures that relate to the objectives set out in Article 3 of this Regulation,
where the Commission concludes that those measures comply with the requirements
laid down in this Regulation and Regulation (EU) […] establishing the European
Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and
maritime, prosperity and security, and where the Commission proposes a Council
EN 16 EN
implementing decision approving the National and Regional Partnership Plan of the
concerned Member State in accordance with the procedure set out in Article 23 of
Regulation (EU) […] establishing the European Fund for economic, social and
territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and
security, it shall make a proposal for a Council implementing decision on the
approval of those measures.
5. When making a proposal for a Council implementing decision on the measures that
relate to the objectives set out in Article 3 of this Regulation, the Commission
proposal shall lay down the elements referred to in Article 23(4) of the Regulation
(EU) […] establishing the European Fund for economic, social and territorial
cohesion, agriculture and rural, fisheries and maritime, prosperity and security, with
regard to the objectives set out in Article 3.
6. The Council shall adopt the implementing decision referred to in paragraph 4, as a
rule, within four weeks of the adoption of the Commission proposal and together
with the implementing decisions referred to in Article 23(1) of Regulation (EU) […]
establishing the European Fund for economic, social and territorial cohesion,
agriculture and rural, fisheries and maritime, prosperity and security.
7. Article 24 of the Regulation (EU) […] establishing the European Fund for economic,
social and territorial cohesion, agriculture and rural, fisheries and maritime,
prosperity and security on the amendment of Plans shall apply, provided that the
Commission proposal and the Council Implementing Decision approving
amendments of the elements listed in Article 23(4) only cover the objectives referred
to in Article 3 of this Regulation.
Article 5
Resources for resettlement and humanitarian admission
1. Member States shall receive, in addition to their allocation under Article 4(1) and (2)
of this Regulation, an amount of EUR 10 000 for each person admitted through
resettlement under the Union Resettlement and Humanitarian Admission Framework
established by Regulation (EU) 2024/1350.
2. Member States shall receive, in addition to their allocation under Article 4(1) and (2)
under this Regulation, an amount of EUR 6 000 for each person admitted through
humanitarian admission under the Union Resettlement and Humanitarian Admission
Framework established by Regulation (EU) 2024/1350 or admitted under a national
resettlement scheme.
3. The amount referred to in paragraph 2 shall be increased to an amount of 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.
EN 17 EN
4. Where a Member State admits a person belonging to more than one of the categories
referred to in paragraphs 2 and 3, it shall receive the amount only once in respect of
that person.
5. Where appropriate, Member States may also be eligible to receive the respective
amounts for family members of persons referred to in paragraphs 1, 2 and 3 if those
family members are admitted to ensure family unity.
6. The amounts referred to in paragraphs 1, 2, 3 and 5 shall be allocated from the EU
Facility to the Member State’s National and Regional Partnership Plan pursuant to
Article 31 of Regulation (EU) […] establishing the European Fund for economic,
social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity
and security. Those amounts may be included in the payment applications to the
Commission in accordance with Article 65 of Regulation (EU) […] establishing the
European Fund for economic, social and territorial cohesion, agriculture and rural,
fisheries and maritime, prosperity and security, provided that the person in respect of
whom the amount is allocated was effectively resettled or admitted.
7. For audit and control purposes, Member States shall retain the information necessary
to allow the proper identification of the persons resettled or admitted and of the date of
their resettlement or admission.
8. To take account of current inflation rates, relevant developments in the field of
resettlement and humanitarian admission, and other factors which might optimise the
use of the financial incentive brought by the amounts referred to in paragraphs 1, 2 and
3 of this Article, the Commission is empowered to adopt delegated acts to adjust those
amounts, if deemed appropriate, and within the limits of available resources.
Article 6
Resources for the transfer of applicants for international protection or of beneficiaries of
international protection
1. A Member State shall receive, in addition to its allocations under Article 4(1) and (2)
of this Regulation, an additional amount of:
(a) EUR 10 000 per applicant for international protection for whom that Member
State becomes responsible as a result of relocation in accordance with Articles
67 and 68 of Regulation (EU) 2024/1351;
(b) EUR 10 000 per beneficiary of international protection relocated to that
Member State in accordance with Articles 67 and 68 of Regulation (EU)
2024/1351.
2. The amounts referred to in points (a) and (b) of the first subparagraph shall be
increased to an amount of EUR 12 000 for each applicant for international protection
or beneficiary of international protection, respectively, who is an unaccompanied
minor relocated to that Member State in accordance with Articles 67 and 68 of
Regulation (EU) 2024/1351.
3. The Member State covering the cost of transfers referred to in paragraph 1 shall
receive an amount of EUR 500 for each applicant for international protection or
beneficiary of international protection transferred to another Member State.
EN 18 EN
4. The Member State covering the costs of transfers referred to in point (a), (b) or (c) of
Article 36(1) of Regulation (EU) 2024/1351, and carried out in accordance with
Article 46 of that Regulation, shall receive an amount of EUR 500 for each applicant
for international protection transferred to another Member State.
5. The amounts referred to in paragraphs 1 to 3 of this Article shall be allocated from the
EU Facility to the Member State’s National and Regional Partnership Plan pursuant to
Article 31 of Regulation (EU) […] establishing the European Fund for economic,
social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity
and security, provided that the person in respect of whom the amount is allocated was
effectively transferred to that Member State or was registered as an applicant in the
Member State responsible in accordance with Regulation (EU) 2024/1351, as
applicable.
6. For audit and control purposes, Member States shall retain the information necessary
to allow the proper identification of the persons transferred and of the date of their
transfer.
7. To take account of current inflation rates, relevant developments in the field of
relocation and other factors which might optimise the use of the financial incentive
brought by the amounts referred to in paragraphs 1, 2 and 3 of this Article, the
Commission is empowered to adopt delegated acts to adjust those amounts, if deemed
appropriate, and within the limits of available resources.
Article 7
Third countries associated to the Union support
1. The Union support under this Regulation shall be open to third countries that fulfil
the criteria listed in paragraph 2, in accordance with the conditions laid down in a
specific agreement covering the participation of the third country in the Union
support.
2. In order for a third country to be eligible to be associated to the Union support as
referred to in paragraph 1, it shall have concluded with the Union an agreement on
the criteria and mechanisms for establishing the State responsible for examining an
application for international protection registered in a Member State or registered in
that third country.
3. The specific agreement referred to in paragraph 1 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 Union support, 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 Union support;
(d) lay down the conditions of participation in the Union support, including the
calculation of financial contributions to the Union support, and its
administrative costs;
EN 19 EN
(e) not confer on the third country any decision-making power in respect of the
Union support;
(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, the European Anti-Fraud Office
(OLAF) and the European Court of Auditors in accordance with Article 28(2),
point (d) of Regulation (EU) […] establishing the European Fund for
economic, social and territorial cohesion, agriculture and rural, fisheries and
maritime, prosperity and security.
The contributions referred to in point (d) of the first subparagraph shall constitute assigned
revenues in accordance with Article 21(5) of the Regulation (EU, Euratom 2024/2509).
Article 8
European Migration Network
Union support shall be provided for the European Migration Network activities and future
development.
The amount to be made available, subject to the availability of funding, for the European
Migration Network under the annual appropriations of the EU Facility and the work
programme laying down the priorities for its activities shall be adopted by the Commission
after approval by the Steering Board in accordance with point (a) of Article 4(5) of Council
Decision 2008/381/EC. The decision of the Commission shall constitute a financing decision
in accordance with Article 31(1) of Regulation (EU) […] establishing the European Fund for
economic, social and territorial cohesion, agriculture and rural, fisheries and maritime,
prosperity and security.
Financial assistance provided for the activities of the European Migration Network shall take
the form of grants to the National Contact Points referred to in Article 3 of Decision
2008/381/EC or procurements, as appropriate, in accordance with the Regulation (EU,
Euratom) 2024/2509 of the European Parliament and of the Council.
Article 9
Financial contributions for the Annual Solidarity Pool
The Commission shall calculate and make available to each benefitting Member State the
respective share of the financial contributions transferred by the contributing Member States
in accordance with Article 64(1) of Regulation EU 2024/1351 for the purpose of
implementing the actions set out in Article 56(2)(b) of Regulation (EU) 2024/1351.
Article 10
Transitional provisions
This Regulation shall not affect the continuation or modification of the actions initiated under
Regulation (EU) 2021/1147, which shall continue to apply to the actions concerned until their
closure.
EN 20 EN
Article 11
Entry into force and application
This Regulation shall enter into force on the [twentieth] day following that of its publication
in the Official Journal of the European Union.
It shall apply from the date of application of Regulation (EU) […] establishing the European
Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and
maritime, prosperity and security for the period 2028-2034.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Brussels,
For the European Parliament For the Council
The President The President