Toelichting bij COM(2025)540 - Union support for asylum, migration and integration for the period from 2028 to 2034 - Hoofdinhoud
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| dossier | COM(2025)540 - Union support for asylum, migration and integration for the period from 2028 to 2034. |
|---|---|
| bron | COM(2025)540  |
| datum | 16-07-2025 |
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 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 Commission 1 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.
The proposed Regulation builds on Regulation (EU) 2021/1147 2 , 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 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 i 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 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.
• 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.
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 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 2024 3 (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/EC 4 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.