Date: 2020-03-27Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Delegated Regulation (EU) 2020/446 of 15 October 2019 amending Annex II to Regulation (EU) No 515/2014 of the European Parliament and of the Council establishing as part of the Internal Security Fund, the instrument for financial support for external borders and visa
Issued by European Commission
· Directorate-General for Migration and Home Affairs
**Executive Summary:**
Commission Delegated Regulation (EU) 2020/446 amends Annex II to Regulation (EU) No 515/2014 to include a new specific action for Member States to receive additional funding for border control activities. This amendment aims to provide adequate financial support, particularly in hotspot areas and other border areas facing high migratory pressure. The regulation entered into force on the day following its publication in the Official Journal of the European Union.
**Key Points / Main Content:**
* **Amendment to Regulation EU No 515/2014:**
* Annex II is amended to include a new specific action.
* **New Specific Action (Point 3 of Annex II):**
* Covers border control activities, including border checks and surveillance.
* Focuses on areas facing high or disproportionate migratory pressure.
* Includes activities related to establishing, developing, and operating hotspot areas (as defined in Article 2(10) of Regulation (EU) 2016/1624).
* May include support to border management activities in third countries, where necessary.
* **Entry into Force:**
* The regulation entered into force on the day following its publication in the Official Journal of the European Union.
**Impact Analysis**
* **Member States:**
* *Impact:* Can receive additional funding for border control activities, especially in areas with high migratory pressure and for implementing the hotspot approach.
* *Action Required:* To apply for funding under the new specific action for eligible border control activities.
* **European Commission:**
* *Impact:* Responsible for the overall implementation and monitoring of the regulation.
* *Action Required:* Ensure the efficient allocation of funds and monitor the effectiveness of the new specific action in achieving its objectives.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Parliament: The parliamentary assembly of the European Union, which, with the Council of the European Union, forms the Union's legislature.
Council of the European Union: One of the two legislative bodies of the European Union and together with the European Parliament serves to amend and approve legislative proposals.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Regulation EU No 515/2014: A regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa.
Internal Security Fund: A financial instrument of the European Union to support cooperation in the field of internal security.
Regulation EU No 514/2014: A regulation of the European Parliament and of the Council laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management.
Regulation EU 2016/1624: A regulation of the European Parliament and of the Council on the European Border and Coast Guard.
27.3.2020 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n U nion L 94/3
COMMISSION DELEGATED REGULATION (EU) 2020/446
of 15 October 2019
amending Annex II to Regulation (EU) No 515/2014 of the European Parliament and of the Council
establishing as part of the Internal Security Fund, the instrument for financial support for external
borders and visa
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014
establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and
repealing Decision No 574/2007/EC(1), and in particular Article 7(2) thereof,
Whereas:
(1) In the context of the mid-term review referred to in Article 15 of Regulation (EU) No 514/2014 of the European
Parliament and of the Council(2), additional funding needs of the Member States were identified in the area of
border management.
(2) The mid-term review identified the need to provide adequate financial support to border control activities, in
particular in the hotspots areas as defined in Article 2(10) of Regulation (EU) 2016/1624 of the European
Parliament and of the Council(3), as well as in other border areas facing similar existing or potential high and
disproportionate migratory pressure.
(3) Annex II to Regulation (EU) No 515/2014 lists two specific actions for Member States to receive additional funding.
(4) The funding of actions aiming at reinforcing border control capacities and implementing the hotspot approach, or
similar, cannot be adequately channelled through the current list of specific actions. Therefore, amending that list is
the best way to meet the needs identified within the objectives of Internal Security Fund – Borders and Visa.
(5) The new specific action being added to Annex II to Regulation (EU) No 515/2014 will contribute to an effective level
of control of the external borders of the Union. It is in line with the specific objective of that Regulation, as referred
to in its Article 3(2)(b), which is to support integrated border management, facilitating access to international
protection for those needing it.
(6) The addition of a new specific action that reflects the recent policy developments and funding needs of the Member
States will generate significant added value as it will contribute to the mitigation of the pressure on those most
affected by migration and asylum flows and, thus, on the Union as a whole.
(7) In order to allow for the prompt application of this specific action, in view of the urgent funding needs identified, the
Regulation should enter into force on the day following that of its publication in the Official Journal of the European
Union.
(8) Regulation (EU) No 515/2014 should therefore be amended accordingly,
(1) OJ L 150, 20.5.2014, p. 143.
(2) Regulation (EU) No 514/2014 of the European Parliament and of the Council of 16 April 2014 laying down general provisions on the
Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and
combating crime, and crisis management (OJ L 150, 20.5.2014, p. 112).
(3) Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast
Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC)
No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision
2005/267/EC (OJ L 251, 16.9.2016, p. 1).L 94/4 E N O f f i c i a l J o u r n a l o f t h e E u r o p e an Union 27.3.2020
HAS ADOPTED THIS REGULATION:
Article 1
In Annex II to Regulation (EU) No 515/2014, the following point 3 is added:
‘3. Border control activities such as border checks and border surveillance measures in areas facing currently or potentially
high or disproportionate migratory pressure, or both, including activities related to the establishment, development and
operation of hotspot areas, as defined in Article 2(10) of Regulation (EU) 2016/1624 of the European Parliament and of
the Council (*), as well as, where necessary, support to border management activities in third countries.
_____________
(*) Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European
Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and
repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC)
No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).’
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Brussels, 15 October 2019.
For the Commission
The President
Jean-Claude JUNCKER