Overwegingen bij COM(2025)540 - Union support for asylum, migration and integration for the period from 2028 to 2034

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(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) […].

(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 Council 7 for the period 2008-2013; (ii) the European Fund for the Integration of third-country nationals established by Council Decision 2007/435/EC 8  for the period 2007-2013; (iii) the European Return Fund established by Decision No 575/2007/EC of the European Parliament and of the Council 9 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 Council 10 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 Council 11 . 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 weaponisation of migration 12 , 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 2024 13 , 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/EC 14 in the event of a mass influx 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 Council 15 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/EC 16 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 benefitting Member States the respective share of the financial contributions included in the Annual Solidarity Pool established by Regulation (EU) 2024/1351 17 .

(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].