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24.11.2012 Official
Journal
of
the
European
Union L
326/17
COMMISSION IMPLEMENTING DECISION
of 20 September 2012
amending Decision 2008/458/EC laying down rules for the implementation of Decision No
575/2007/EC of the European Parliament and of the Council establishing the European Return
Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity and
Management of Migration Flows’ as regards Member States’ management and control systems,
the rules for administrative and financial management and the eligibility of expenditure on
projects co-financed by the Fund
(notified under document C(2012) 6408)
(Only the Bulgarian, Czech, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian,
Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic)
(2012/718/EU)
THE EUROPEAN COMMISSION,
it is appropriate to give the possibilities under the Fund
to finance necessary means of transport, such as buses.
Having regard to the Treaty on the Functioning of the European
Union,
(5) Considering
that the 2011 and 2012 annual
programmes of the Member States under the European
Having regard to Decision No 575/2007/EC of the European
Return Fund are still ongoing, it is appropriate that the
Parliament and of the Council of 23 May 2007 establishing the
modified rules apply from the 2011 annual programme
European Return Fund for the period 2008 to 2013 as part of
onwards.
the General programme ‘Solidarity and Management of
Migration Flows’ ( 1 ), and in particular Article 35(4) thereof,
(6) In
accordance
with
Article
3
of
the
Protocol
on
the
position of the United Kingdom and Ireland, annexed
Whereas:
to the Treaty on European Union and to the Treaty
establishing the European Community, the United
Kingdom is bound by the basic act and, as a
(1)
The general objective of the European Return Fund is to
consequence, by this Decision.
support the efforts made by the Member States to
improve the management of return in all its dimensions
taking into account Union legislation in this field and in
(7) In
accordance
with
Article
3
of
the
Protocol
on
the
full compliance with fundamental rights.
position of the United Kingdom and Ireland, annexed
to the Treaty on European Union and to the Treaty
establishing the European Community, Ireland is bound
(2)
In accordance with the specific objectives indicated in
by the basic act and, as a consequence, by this Decision.
Article 3(1)(c) of Decision No 575/2007/EC, the Return
Fund shall contribute to ‘the promotion of an effective
and uniform application of common standards on return
(8) In
accordance
with
Article
2
of
the
Protocol
on
the
in line with policy developments in this field’.
position of Denmark, annexed to the Treaty on
European Union and to the Treaty establishing the
European Community, Denmark is not bound by this
(3) In
that
context,
the
Return
Fund
provides
support
to
Member States for the implementation of Directive
Decision or subject to the application thereof.
2008/115/EC of the European Parliament and of the
Council of 16 December 2008 on common standards
(9) The
measures
provided
for
in
this
Decision
are
in
and procedures in Member States for returning illegally
accordance with the opinion of the common
staying third-country nationals ( 2 ) (the Return Directive)
Committee ‘Solidarity and Management of Migration
by co-financing a wide range of measures.
Flows’ established by Decision No 574/2007/EC of the
European Parliament and of the Council ( 3 ).
(4) In
order
to
ensure
the
effective
implementation
of
the
Return Directive by Member States, it is appropriate to
(10) Decision
2008/458/EC should therefore be amended
further reinforce the support of the Fund by extending
accordingly,
the scope of eligible measures, in particular, to address
the needs relating to Article 16 of the Return Directive
HAS ADOPTED THIS DECISION:
requiring that detention take place as a rule in specialised
detention facilities. Moreover, in the light of the
experience gained since the launch of the European
Article 1
Return Fund and in order to reinforce the capacities of
Annex XI to Decision 2008/458/EC is amended as follows:
Member States to ensure effective transportation of
returnees during return procedures and return operations,
(1) in point II.1.3.3, paragraph 3 is replaced by the following:
( 1 ) OJ L 144, 6.6.2007, p. 45.
( 2 ) OJ L 348, 24.12.2008, p. 98.
( 3 ) OJ L 144, 6.6.2007, p. 22.

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L 326/18
EN
Official Journal of the European Union
24.11.2012
‘3. For individual items costing below EUR 20 000 the full
proportionate to the aim to be achieved
purchase cost is eligible, provided, that, except in duly
through the implementation of the project;
justified cases, the equipment is purchased before the
last 3 months of the project. Individual items costing
(e) in the case of co-financing on the basis of
EUR 20 000 or more are only eligible on the basis of
depreciation, only the portion of the
depreciation. By way of derogation from the above
depreciation of these assets corresponding
conditions, for means of transport costing below EUR
to the duration of use for the project and
250 000 the full purchase cost is eligible.’;
the rate of actual use for the project is
eligible; depreciation shall be calculated
(2) point II.1.4.2 is replaced by the following:
according to national accounting rules.
‘II.1.4.2. Purchase, construction or renovation
2. Expenses for renovation, refurbishment and
1. Where the acquisition of real estate is essential
modernisation of real estate are eligible for
for implementation of the project and is clearly
co-financing on the basis of the full or partial
linked with its objectives, the purchase of real
cost or on the basis of depreciation. In the case
estate, i.e. buildings already constructed, or
of renovation costs only conditions (c) and (e)
construction of real estate, is eligible for co-
in paragraph 1 apply.’
financing on the basis of the full or partial
cost, or on the basis of depreciation, under
Article 2
the conditions set out below, without
1. Article 1 shall apply from the date of adoption of this
prejudice to the application of stricter
Decision.
national rules:
2. Member
States
may
decide
to
apply
the
changes
in
respect
(a) a certificate is obtained from an inde
of ongoing or future projects as from the 2011 annual
pendent qualified valuer or duly authorised
programmes.
official body establishing that the price
does not exceed the market value, either
Article 3
attesting that the real estate is in
conformity with national regulations or
This Decision is addressed to the Kingdom of Belgium, the
specifying the points which are not in
Republic of Bulgaria, the Czech Republic, the Federal Republic
conformity that the final beneficiary plans
of Germany, the Republic of Estonia, Ireland, the Hellenic
to rectify as part of the project;
Republic, the Kingdom of Spain, the French Republic, the
Italian Republic, the Republic of Cyprus, the Republic of
(b) the real estate has not been purchased
Latvia, the Republic of Lithuania, the Grand Duchy of
through a Community grant at any time
Luxembourg, Hungary, the Republic of Malta, the Kingdom of
prior to the implementation of the project;
the Netherlands, the Republic of Austria, the Republic of
Poland, the Portuguese Republic, Romania, the Republic of
(c) the real estate is to be used solely for the
Slovenia, the Slovak Republic, the Republic of Finland, the
purpose stated in the project for a period
Kingdom of Sweden and the United Kingdom of Great Britain
of at least 10 years after the end date of the
and Northern Ireland.
project unless the Commission specifically
authorises otherwise in the case of co-
financing of the full or partial costs; in
the case of co-financing on the basis of
Done at Brussels, 20 September 2012.
depreciation this period is reduced to 5
years;
For the Commission
(d) the purchase of the real estate respects the
principles of value for money and cost-
Cecilia MALMSTRM
effectiveness and is being considered as
Member of the Commission

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Document Outline

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