**Executive Summary:**
Commission Implementing Regulation (EU) 2020/1019, issued on July 13, 2020, amends Implementing Regulation (EU) 2015/840. The amendment provides flexibility to Responsible Authorities regarding operational on-the-spot controls due to the COVID-19 pandemic. It allows for the postponement of these controls to a later stage in the programming period if the annual minimum cannot be reached. The regulation enters into force the day after its publication in the Official Journal of the European Union.
**Key Points / Main Content:**
* **Amendment:** Modifies Article 5 of Implementing Regulation (EU) 2015/840 concerning on-the-spot controls by Responsible Authorities.
* **Operational On-the-Spot Controls:**
* Financial year N should cover a minimum of 20% of projects being implemented.
* If the minimum cannot be reached due to the COVID-19 pandemic, the remaining controls should be performed later in the programming period.
* **Binding Nature:** The regulation is binding in its entirety and directly applicable in the Member States, with exceptions for Denmark.
* **Entry into Force:** Enters into force the day following its publication in the Official Journal of the European Union.
**Impact Analysis:**
**Responsible Authorities:**
* *Impact:* Granted flexibility in performing operational on-the-spot controls due to COVID-19 restrictions.
* *Action Required:* Implement the amendment allowing for controls to be carried out later in the programming period if the 20% minimum cannot be met in a given financial year.
**Member States (excluding Denmark):**
* *Impact:* Must apply the amended regulation regarding on-the-spot controls.
* *Action Required:* Ensure national procedures align with the flexibility provided for operational controls and adhere to the regulation's binding nature.
**European Commission:**
* *Impact:* Responsible for overseeing the implementation of the amended regulation.
* *Action Required:* Monitor the application of the flexibility measures by Responsible Authorities and ensure compliance with the regulation.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, detailing the organization and operation of the EU.
Regulation EU No 514/2014: 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.
Asylum, Migration and Integration Fund: A funding instrument of the European Union aimed at promoting the efficient management of migration flows and the implementation of a common approach to asylum and immigration.
COVID-19 pandemic: The global pandemic of coronavirus disease 2019.
Implementing Regulation EU 2015/840: Commission Implementing Regulation on controls carried out by Responsible Authorities pursuant to Regulation EU No 514/2014.
Ursula VON DER LEYEN: The President of the European Commission.
14.7.2020 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 Union L 225/13
COMMISSION IMPLEMENTING REGULATION (EU) 2020/1019
of 13 July 2020
amending Implementing Regulation (EU) 2015/840
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 514/2014 of 16 April 2014 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(1), and in particular Article 27(5) thereof,
Whereas:
(1) Article 5(2) of Commission Implementing Regulation (EU) 2015/840(2) provides that during a financial year the
Responsible Authorities are to carry out operational on-the-spot controls covering a minimum of 20 % of the
number of projects being implemented during that financial year.
(2) Member States have been affected by the COVID-19 pandemic in an unprecedented manner. The crisis has required
Member States to impose restrictions on the freedom of movement on their territory making it difficult to carry out
on-the-spot controls.
(3) In order to provide flexibility to the Responsible Authorities for performing the required operational on-the-spot
controls, it is appropriate to amend the existing rules to avoid delays in the clearance of accounts procedure. Such
flexibility should be achieved by providing the possibility to the Responsible Authorities to carry out the
requirements for operational on-the-spot controls at a later stage during the programming period when due to the
COVID-19 pandemic the annual minimum of 20 % of the number of projects implemented during a given financial
year cannot be reached in that financial year.
(4) Ireland is bound by Regulation (EU) No 514/2014 and is as consequence bound by this Regulation.
(5) The United Kingdom is bound by Regulation (EU) No 514/2014 and is as consequence bound by this Regulation. In
accordance with Article 138 of the Agreement on the withdrawal of the United Kingdom of Great Britain and
Northern Ireland from the European Union and the European Atomic Energy Community(3), applicable Union law,
including the rules on financial corrections and on clearance of accounts, will continue to apply to the United
Kingdom after 31 December 2020 until the closure of those Union programmes and activities.
(6) Denmark is not bound by Regulation (EU) No 514/2014 or by this Regulation.
(7) Given the urgency of the situation related to the COVID-19 pandemic, it is appropriate that this Regulation enters
into force on the day following that of its publication in the Official Journal of the European Union.
(8) The measures provided for in this Regulation are in accordance with the opinion of the ‘Asylum, Migration and
Integration and Internal Security Funds’ Committee established by Article 59(1) of Regulation (EU) No 514/2014.
(9) Implementing Regulation (EU) 2015/840 should therefore be amended accordingly,
(1) OJ L 150, 20.5.2014, p. 112.
(2) Commission Implementing Regulation (EU) 2015/840 of 29 May 2015 on controls carried out by Responsible Authorities pursuant to
Regulation (EU) No 514/2014 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 (OJ L 134, 30.5.2015, p. 1).
(3) OJ C 384 I, 12.11.2019, p. 1.L 225/14 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 Union 14.7.2020
HAS ADOPTED THIS REGULATION:
Article 1
In Article 5 of Implementing Regulation (EU) 2015/840, paragraph 2 is replaced by the following:
‘2. Operational on-the-spot controls carried out in financial year N shall cover a minimum of 20% of the number of
projects being implemented during that financial year, as declared in the corresponding annual accounts referred to in
Article 39 of Regulation (EU) No 514/2014. When this minimum cannot be reached in financial year N due to the
COVID-19 pandemic, the controls that have not been carried out in financial year N shall be performed at a later stage
during the programming period.’
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, 13 July 2020.
For the Commission
The President
Ursula VON DER LEYEN