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30.3.2012 Official
Journal
of
the
European
Union
L
92/1
I
(Legislative acts)
DECISIONS
DECISION No 281/2012/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 29 March 2012
amending Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to
2013 as part of the General programme ‘Solidarity and Management of Migration Flows’
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
and of the Council ( 2 ) by this Decision, are to be estab
EUROPEAN UNION,
lished on the basis of two categories, the first of which
should include persons belonging to a specific category
falling within the United Nations High Commissioner for
Having regard to the Treaty on the Functioning of the European
Refugees (UNHCR) resettlement criteria, and the second
Union, and in particular Article 78(2)(g) thereof,
one should include persons from a country or region
which has been identified in the UNHCR annual
resettlement forecast and where common action by the
Having regard to the proposal from the European Commission,
Union would have a significant impact in addressing
protection needs.
Acting in accordance with the ordinary legislative procedure ( 1 ),
(4)
Taking into account the resettlement needs set out in the
Whereas:
Annex added to Decision No 573/2007/EC by this

Decision listing the specific common Union resettlement
priorities, it is also necessary to provide additional
financial support for the resettlement of persons with
(1)
In light of the establishment of a Joint EU resettlement
respect to specific geographic regions and nationalities,
programme aimed at increasing the impact of the
as well as to the specific categories of refugees to be
Union’s resettlement efforts in providing protection to
resettled, where resettlement is determined to be the
refugees, and at maximising the strategic impact of
most appropriate response to their special needs.
resettlement through a better targeting of those persons
who are in greatest need of resettlement, common
priorities with respect to resettlement should be
formulated at the level of the Union.
(5)
Given the importance of the strategic use of resettlement
from countries or regions designated for the implemen
tation of regional protection programmes, it is necessary
(2)
Article 80 of the Treaty on the Functioning of the
to provide additional financial support for the
European Union provides that the policies of the
resettlement of persons from Tanzania, eastern Europe
Union set out in the Chapter on border checks, asylum
(Belarus, Republic of Moldova and Ukraine), the Horn
and immigration and their implementation are to be
of Africa (Djibouti, Kenya and Yemen) and North
governed by the principle of solidarity and fair sharing
Africa (Egypt, Libya and Tunisia), and from any other
of responsibility, including its financial implications,
countries or regions that are so designated in the future.
between the Member States, and that, whenever
necessary, Union acts under the said Chapter are to
contain appropriate measures to give effect to that prin
ciple.
(6) In
order
to
encourage
more
Member
States
to
engage
in
resettlement actions, it is equally necessary to provide
additional financial support to those Member States
(3) For
this
purpose,
specific
common
Union
resettlement
that decide to resettle persons for the first time.
priorities for 2013, as listed in the Annex added to
Decision No 573/2007/EC of the European Parliament
(7) It
is
also
necessary
to
lay
down
rules
concerning
the
( 1 ) Position of the European Parliament of 18 May 2010 (OJ C 161 E,
eligibility of expenditure for the additional financial
31.5.2011, p. 161) and position of the Council at first reading of
support for resettlement.
8 March 2012 (not yet published in the Official Journal). Position of
the European Parliament of 29 March 2012 (not yet published in
the Official Journal).
( 2 ) OJ L 144, 6.6.2007, p. 1.

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L 92/2
EN
Official Journal of the European Union
30.3.2012
(8) In
accordance
with
Article
3
and
Article
4a(1)
of
(c) the specific common Union resettlement priorities
Protocol No 21 on the position of the United
for 2013 listed in the Annex to this Decision.’;
Kingdom and Ireland in respect of the Area of
Freedom, Security and Justice, annexed to the Treaty on
(b) the following paragraph is inserted:
European Union and to the Treaty on the Functioning of
the European Union, the United Kingdom has notified its
wish to take part in the adoption and application of this
‘3a. Member
States
shall
receive
a
fixed
amount
of
Decision.
EUR 4 000 for each person resettled on the basis of the
priorities listed in paragraph 3.
(9)
In accordance with Articles 1 and 2 and Article 4a(1) of
Protocol No 21 on the position of the United Kingdom
In the cases indicated below, the fixed amount shall be
and Ireland in respect of the Area of Freedom, Security
increased as follows:
and Justice, annexed to the Treaty on European Union
and to the Treaty on the Functioning of the European
— EUR 6 000 per resettled person for those Member
Union, and without prejudice to Article 4 of that
States which receive the fixed amount for
Protocol, Ireland is not taking part in the adoption of
resettlement from the Fund for the first time,
this Decision and is not bound by it or subject to its
application.
— EUR 5 000 per resettled person for those Member
States which have already received the fixed amount
(10) In accordance with Articles 1 and 2 of Protocol No 22
for resettlement from the Fund once in the course of
on the position of Denmark, annexed to the Treaty on
the previous years of the Fund’s operation.’;
European Union and to the Treaty on the Functioning of
the European Union, Denmark is not taking part in the
(c) paragraph 4 is replaced by the following:
adoption of this Decision and is not bound by it or
subject to its application,
‘4. Where a Member State resettles a person on the
basis of more than one of the Union resettlement
HAVE ADOPTED THIS DECISION:
priorities listed in paragraph 3, it shall receive the
fixed amount for this person only once.’;
Article 1
Decision No 573/2007/EC is hereby amended as follows:
(d) paragraph 6 is replaced by the following:
(1) Article 13 is amended as follows:
‘6. By
1
May
2012,
Member
States
shall
provide
the
Commission with an estimate of the number of persons
they will resettle, on the basis of the priorities listed in
(a) paragraph 3 is replaced by the following:
paragraph 3, in the course of the following calendar
year, including a breakdown by the different categories
‘3. Member
States
shall
receive
a
fixed
amount
in
referred to in that paragraph. The Commission shall
accordance with paragraph 3a for each person
communicate this information to the Committee
resettled on the basis of one or more of the following
referred to in Article 52.’;
priorities:
(e) the following paragraph is added:
(a) persons from a country or region designated for
the implementation of a regional protection
‘7. The
results
and
impact
of
the
financial
incentive
programme;
for resettlement actions on the basis of the priorities
listed in paragraph 3 shall be reported by the Member
States in the report referred to in Article 50(2) and by
(b) persons from one or more of the following
the Commission in the report referred to in
vulnerable groups:
Article 50(3).’;
— children and women at risk,
(2) in Article 35, the following paragraph is added:
— unaccompanied minors,
‘5. The
fixed
amount
for
each
resettled
person
allocated
to the Member States shall be granted as a lump sum for
— survivors of violence and/or torture,
each person effectively resettled.’;
— persons having serious medical needs that can
(3) the text set out in the Annex to this Decision is added as an
be addressed only if they are resettled,
Annex to Decision No 573/2007/EC.
Article 2
— persons in need of emergency resettlement or
urgent resettlement for legal and/or physical
This Decision shall enter into force on the day following that of
protection needs;
its publication in the Official Journal of the European Union.

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EN
30.3.2012 Official
Journal
of
the
European
Union
L
92/3
Article 3
This Decision is addressed to the Member States in accordance with the Treaties.
Done at Brussels, 29 March 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
N. WAMMEN
ANNEX
‘ANNEX
List of the specific common Union resettlement priorities for 2013
(1) Congolese refugees in the Great Lakes Region (Burundi, Malawi, Rwanda, Zambia);
(2) Refugees from Iraq in Turkey, Syria, Lebanon and Jordan;
(3) Afghan refugees in Turkey, Pakistan and Iran;
(4) Somali refugees in Ethiopia;
(5) Burmese refugees in Bangladesh, Malaysia and Thailand;
(6) Eritrean refugees in eastern Sudan.’.

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