COMMISSION IMPLEMENTING DECISION. of XXX

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1 EUROPEAN COMMISSION Brussels, XXX [ ](2017) XXX draft COMMISSION IMPLEMENTING DECISION of XXX on the special measure for the 2017 ENI contribution to the European Union Emergency Trust Fund for stability and addressing root causes of irregular migration and displaced persons in Africa, to be financed from the general budget of the Union EN EN

2 COMMISSION IMPLEMENTING DECISION of XXX on the special measure for the 2017 ENI contribution to the European Union Emergency Trust Fund for stability and addressing root causes of irregular migration and displaced persons in Africa, to be financed from the general budget of the Union THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down common rules and procedures for the implementation of the Union's instruments for financing external action 1, and in particular Article 2(1) thereof, Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 2, and in particular Articles 84(2) and 187 thereof, Whereas: (1) On 20 October 2015 a European Commission Decision on the establishment of the European Union Emergency Trust Fund for stability and addressing the root causes of irregular migration and displaced persons in Africa (the Trust Fund ) was adopted for a duration until 31 December (2) The Trust Fund will help address the root causes of destabilisation, forced displacement and irregular migration by promoting economic and equal opportunities, strengthening resilience of vulnerable people, security and development. It will enable the EU, its Member States and contributing donors to respond to the different dimensions of crisis situations by providing support jointly, flexibly and quickly. In doing so, it will complement other strands of action such as political dialogue and development cooperation programmes, as well as humanitarian assistance, stabilisation and crisis response assistance and the Foreign and Security Policy (CFSP)/Common Security and Defence Policy (CSDP) actions where appropriate. It will also complement the activities of EU Member States and of other development partners. (3) The Trust Fund is part of a wider response to the challenges posed by the multifaceted migration phenomenon with which the EU and Africa are both confronted, fully recognising the benefits of well managed migration and mobility between and within the two continents. It also reflects the joint interest of all parties to ensure that refugees are protected in full respect for human rights and international law. (4) It also complements the EU's Global Approach to Migration and Mobility, which recognises the benefits deriving from well-managed mobility taking account of the OJ L 77, , p. 95. OJ L 298, , p.1. Commission Decision C(2015) 7293 final of 20 October EN 2 EN

3 interests of all parties the EU, partner countries and migrants themselves and includes political instruments (bilateral and regional policy dialogues and action plans), legal instruments (such as visa facilitation and readmission agreements), operational support and capacity-building as well as programme and project support made available to third countries and other stakeholders, e.g. civil society and international organisations. (5) The overall objective of the Trust Fund is to address crises in the regions of the Sahel and Lake Chad, the Horn of Africa and in parts of North Africa. It will support all aspects of stability and contribute to better migration management as well as addressing the root causes of destabilisation, forced displacement and irregular migration, in particular by promoting resilience, economic and equal opportunities, security and development, and addressing human rights abuses. The Trust Fund shall intervene in coordination with national and regional frameworks, the other EU instruments, the bilateral cooperation of Member States, and the instruments of other development partners. The actions identified in the Trust Fund shall feed into the future and ongoing joint programming actions/documents elaborated jointly by the Commission services, the European External Action Service, Member States, and the recipient countries. (6) In the North of Africa region, the Trust fund will cover Algeria, Egypt, Libya, Morocco and Tunisia. African neighbours of these countries could also benefit, on a case by case basis, from projects with a regional dimension in order to deal with the regional migration flows and related challenges. (7) In this region and in accordance with the strategic orientation document annexed to its Constitutive agreement as well as with the operational framework of the North of Africa window approved by the Operational Committee in December, the Trust Fund will in particular concentrate on a rights-based migration management. This should be carried out by contributing to social cohesion, safe mobility and security, including through a gender-sensitive and child friendly approach. Advancing mutually beneficial legal migration and mobility along with fostering a more inclusive political and economic environment across the region are important parts of addressing the drivers of irregular migration and forced displacement: To this end, strenghtening the resilience of affected populations is important. Ensuring international protection, in accordance with international law, for persons displaced by war, persecution or natural disasters remains essential. Forcibly displaced populations should be guaranteed access to durable solutions and the right to non-refoulement, as well as access to basic social and health services. A more effective border management in North African countries would in addition lead to a more efficient management of mixed migration flows and to countering migrants' smuggling and trafficking of human beings. Sustainable reintegration of the returnees into their societies and communities should be supported as well as the strenghtening of the resilience of all affected populations, including local population. Finally, improving information and protection of vulnerable migrants along the migratory routes should also be addressed. (8) On 25 January 2017 the Joint Communication on "Migration on the Central Mediterranean route managing flows, saving lives" was adopted, which foresees that an envelope of EUR 200 million will be mobilised for North Africa for projects to be committed in 2017, with a priority focus on migration-related projects concerning Libya, while enhancing in parallel operational cooperation on migration flows management with neighbouring countries. The full financial contribution covered by this Decision aims to contribute to that envelope. EN 3 EN

4 (9) Being able to face challenges of common interest requires increased efforts from the EU. It is therefore opportune to mobilise funds on the basis of the European Neighbourhood Instrument (ENI) established by Regulation (EU) N 232/2014 of the European Parliament and of the Council 4 to contribute to the North of Africa window of the Trust Fund. (10) The Trust Fund s interventions will be based on an integrated and evidence-driven approach, co-ordinated with regional, national or local actors and with other donor interventions and in line with relevant EU and African strategic frameworks and action plans to address migration flows. Its overall impact should include a more inclusive political and economic environment across the regions, expansion and strengthening of the rule of law, increased economic productivity and social cohesion and new opportunities for local populations. (11) The expenditure of European Neighbourhood Instrument funds through the Trust Fund will be carried out in accordance with the geographic scope and the rules of eligibility applicable to the European Neighbourhood Instrument. (12) This Decision complies with the conditions of Article 94 of the Rules of Application. (13) For the application of this Decision, it is appropriate to define the term "nonsubstantial change" within the meaning of Article 94(4) of the Rules of Application to ensure that any such changes can be adopted by the authorising officer by delegation. (14) The measure provided for in this Decision is in accordance with the opinion of the ENI Committee pursuant to Article 15 of Regulation (EU) No 232/2014 of the European Parliament and of the Council 5, HAS DECIDED AS FOLLOWS: Article 1 Financial contribution A financial contribution of the European Union to the European Union Emergency Trust Fund for stability and addressing root causes of irregular migration and displaced persons in Africa (hereinafter the Trust Fund ) is set at a maximum amount of EUR from the budget line of the general budget of the Union for The contribution will be used to finance actions for the North Africa Window of the Trust Fund, in conformity with the priorities of this Window, as described in the relevant Strategic Orientation Document. Article 2 Implementation modalities The Trust Fund shall implement the contribution either: directly (i) by the Commission s departments, including its staff in the Union Delegations under the authority of their respective Head of Delegation, (ii) or through executive agencies; 4 5 Regulation (EU) No 232/2014 of the European Parliament and of the Council of 11 March 2014 establishing a European Neighbourhood Instrument (OJ L 77, , p. 27). Regulation (EU) No 232/2014 of the European Parliament and of the Council of 11 March 2014 establishing a European Neighbourhood Instrument, (OJ L 77, , p.27). EN 4 EN

5 or indirectly with third countries or the bodies they have designated, international organisations and their agencies, public law bodies or bodies governed by private law with a public service mission to the extent that the latter provide adequate financial guarantees. The Constitutive Agreement signed with the donors defines the objectives, its duration and the rules and procedures applying to the management and governance of the Trust Fund. Article 3 Non-substantial changes Increases or decreases of up to EUR of the contribution of the European Union to the Trust Fund, not exceeding 20% of the contribution referred to in Article 1, or cumulated changes to the allocations of specific actions not exceeding 20% of that contribution shall not be considered substantial, provided that they do not significantly affect the nature and objectives of the actions. The responsible authorising officer may adopt these non-substantial changes in accordance with the principles of sound financial management and proportionality. Done at Brussels, For the Commission Johannes HAHN Member of the Commission EN 5 EN

6 SUMMARY Special measure for the 2017 ENI contribution to the European Union Emergency Trust Fund for stability and addressing root causes of irregular migration and displaced persons in Africa, to be financed from the general budget of the Union 1. IDENTIFICATION Budget heading Mediterranean countries Confidence building, security and the prevention and settlement of conflicts Total cost EUR million of EU contribution of the 2017 Neighbourhood South allocations. Legal basis Regulation (EU) No 232/2014 of the European Parliament and of the Council of 11 March 2014 establishing a European Neighbourhood Instrument (ENI) 2. REGIONAL BACKGROUND The European Commission Decision on the establishment of the European Union Emergency Trust Fund for stability and addressing the root causes of irregular migration and displaced persons in Africa (the Trust Fund ) was adopted on 20 October The Trust Fund was formally constituted at the Valletta Summit on Migration held on November The Trust Fund will provide funding to fulfil the objectives and implement the Valletta Action Plan and complement financial instruments available for co-operation with African partners by the EU, its Member States and associated countries. More specifically, it will help address the root causes of destabilisation, forced displacement and irregular migration by promoting economic and equal opportunities, strengthening resilience of vulnerable people, security and development. The Trust Fund will enable the EU, its Member States and contributing donors to respond to the different dimensions of crisis situations by providing support jointly, flexibly and quickly. In doing so, it will complement other strands of action such as political dialogue and development co-operation programmes, as well as humanitarian assistance, stabilisation and crisis response assistance and the Common Foreign and Security Policy(CFSP)/Common Security and Defence Policy (CSDP) actions where appropriate. It will also complement the activities of EU Member States and of other development partners. North Africa remains an area of transit and final destination for mixed migration flows from sub-saharan Africa, West Africa, the Horn of Africa and the Middle East, with many countries of these regions affected by on-going conflict. It also represents one of the largest destination regions for foreign labour and is a region of origin for migrants, albeit to a lesser extent. 1

7 3. SUMMARY OF THE ACTION 1) Background: The Trust Fund is part of a wider response to the challenges posed by the multifaceted migration phenomenon with which Europe and Africa are both confronted, fully recognising the benefits of well managed migration and mobility between and within the two continents. It also reflects the joint interest of all parties to ensure that refugee flows are managed in an effective, sustainable and safe manner and with full respect for human rights and international law. The Trust Fund envisages actions on a country, regional and cross-regional basis in close consultation and co-ordination with the relevant national authorities. To ensure strategic and efficient interventions, the identification of projects will be based on a dialogue with relevant authorities and other stakeholders, such as civil society and international organisations. An evidence-based approach, underpinned by an in-depth understanding of local contexts, including a gender and non-discrimination analysis, should guide all interventions, and conflict analyses where relevant. 2) Geographical coverage The Trust Fund will finance activities in the following countries in Africa, crossed by the major migration routes: for the Sahel region and Lake Chad area: Burkina Faso, Cameroon, Chad, The Gambia, Ghana, Guinea, Ivory Coast, Mali, Mauritania, Niger, Nigeria and Senegal; for the Horn of Africa: Djibouti, Eritrea, Ethiopia, Kenya, Somalia, South Sudan, Sudan, Tanzania and Uganda; for North Africa: Algeria, Egypt, Libya, Morocco and Tunisia; African neighbours of these eligible countries may also, on a case-by-case basis, benefit from projects with a regional dimension in order to deal with regional migration flows. The expenditure of ENI funds from the European Neighbourhood Instrument (ENI) through the Trust Fund will be carried out in accordance with the geographic scope and the rules of eligibility applicable to the ENI. 2) Priorities In line with the four priority areas of intervention of the EU Trust Fund, as well as more globally with the European Agenda on Migration, the review of the European Neighbourhood Policy, other EU external priorities and activities in the North Africa region, such as humanitarian aid, and the Action Plan adopted at the Valletta Summit on Migration (11-12 November 2015), the initial priority actions under the North Africa window relevant to all countries are outlined below. They should mainly concentrate on the third objective of the Trust fund ("Improved migration management in countries of origin, transit and destination"), and will interlink with objective 2 ('Strengthening resilience of communities and in particular the most vulnerable, as well as refugees and displaced people') and 4 ('Improved governance and conflict prevention and of forced displacement and irregular migration') in the sense that resilience actions 2

8 will be mainly developed with a focus on asylum seekers, refugees, local and host communities and vulnerable migrants (with a particular attention to women and children). Security aspects will be supported, including through the contribution to effective integrated border management. Finally, they will be consistent with the operational framework adopted by the Operational Committee of the North of Africa window in December On 25 January, the European Commission adopted a Communication on "Migration on the Central Mediterranean route managing flows, saving lives" which foresees that EUR 200 million will be mobilised for the North of Africa window for projects to be committed in 2017, with a priority focus on migrationrelated projects concerning Libya, while enhancing operational cooperation on migration flows management with neighbouring countries. This Communication will frame the formulation of programmes to be adopted under this contribution. 4. COST AND FINANCING Mediterranean countries Confidence building, security and the prevention and settlement of conflicts ENI contribution 2017 Total contribution to the EUTF Africa/North Africa window EUR million EUR million 3

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