HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 82/6
EN
Official Journal of the European Union
22.3.2013
DECISION No 259/2013/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 March 2013
amending Decision No 574/2007/EC with a view to increasing the co-financing rate of the External
Borders Fund for certain Member States experiencing or threatened with serious difficulties with
respect to their financial stability
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
payments ( 3 ) provides that the Council may grant
EUROPEAN UNION,
medium-term financial assistance where a Member State
which has not adopted the euro is in difficulties or is
seriously threatened with difficulties as regards its balance
Having regard to the Treaty on the Functioning of the European
of payments.
Union, and in particular Article 77(2) thereof,
(5) Romania
was
granted
such
financial
assistance
by
Having regard to the proposal from the European Commission,
Council Decision 2009/459/EC of 6 May 2009
providing Community medium-term financial assistance
for Romania ( 4 ).
After transmission of the draft legislative act to the national
parliaments,
(6)
In accordance with the conclusions of the Ecofin Council
of 9-10 May 2010, the Council adopted a comprehensive
package of measures, including Council Regulation (EU)
Acting in accordance with the ordinary legislative procedure ( 1 ),
No 407/2010 of 11 May 2010 establishing a European
financial stabilisation mechanism ( 5 ), and, on 7 June
2010, a European Financial Stability Facility was estab
Whereas:
lished by the euro-area Member States, in order to
provide financial support to euro-area Member States in
difficulties caused by exceptional circumstances beyond
(1) Decision
No
574/2007/EC
of
the
European
Parliament
their control, thereby safeguarding the financial stability
and of the Council ( 2 ) establishes the External Borders
of the euro area as a whole as well as of its Member
Fund for the period 2007 to 2013 as part of the
States.
General programme ‘Solidarity and Management of
Migration Flows’ and provides for different Union co-
financing rates for actions supported by that Fund.
(7) Ireland
and
Portugal
were
granted
financial
assistance
by
the European financial stabilisation mechanism under
Council Implementing Decisions 2011/77/EU ( 6 ) and
(2) The
unprecedented
global
financial
crisis
and
economic
2011/344/EU ( 7 ) respectively. They have also received
downturn have seriously damaged economic growth and
funds from the European Financial Stability Facility.
financial stability, provoking a marked deterioration in
financial, economic and social conditions in several
Member States. Some Member States are experiencing
(8)
On 8 May 2010, an Intercreditor Agreement and a Loan
serious difficulties or are threatened with such difficulties,
Facility Agreement for Greece were concluded and
particularly with respect to their financial and economic
entered into force on 11 May 2010 as a first
stability, which has led or may lead to deterioration in
programme of financial assistance for Greece. On
their deficit and debt positions and threaten economic
12 March 2012, the finance ministers of the euro-area
growth, and are heightened by the international
Member States interrupted that first programme and
economic and financial environment.
approved a second programme of financial assistance

for Greece. It was decided that the financial vehicle for
that second programme would be the European Financial
Stability Facility, which would also disburse the
(3)
While important actions to counterbalance the negative
effects of the crisis have already been taken, the impact
remaining amount to be contributed by the euro area
of the financial crisis on the real economy, the labour
under the first programme.
market and society at large is being widely felt. Pressure
on national financial resources is increasing and further
(9) On
2
February
2012,
the
finance
ministers
of
the
euro-
steps should be taken rapidly to alleviate that pressure
area Member States signed the Treaty establishing the
through the maximal and optimal use of Union funding.
European Stability Mechanism. That Treaty follows
European Council Decision 2011/199/EU of 25 March
2011 amending Article 136 of the Treaty on the Func
(4) Council
Regulation
(EC)
No
332/2002
of
18
February
tioning of the European Union with regard to a stability
2002 establishing a facility providing medium-term
mechanism for Member States whose currency is the
financial assistance for Member States’ balances of
( 3 ) OJ L 53, 23.2.2002, p. 1.
( 1 ) Position of the European Parliament of 6 February 2013 (not yet
( 4 ) OJ L 150, 13.6.2009, p. 8.
published in the Official Journal) and decision of the Council of
( 5 ) OJ L 118, 12.5.2010, p. 1.
25 February 2013.
( 6 ) OJ L 30, 4.2.2011, p. 34.
( 2 ) OJ L 144, 6.6.2007, p. 22.
( 7 ) OJ L 159, 17.6.2011, p. 88.

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EN
22.3.2013 Official
Journal
of
the
European
Union
L
82/7
euro ( 1 ). Under that Treaty, the European Stability
of a comprehensive Union immigration policy to
Mechanism is the primary provider of financial assistance
enhance the competitiveness and social cohesion of the
to euro-area Member States from its entry into force on
Union and the creation of a Common European Asylum
8 October 2012. Therefore, this Decision should take the
System.
European Stability Mechanism into account.
(13) To
make
it
easier
to
manage
Union
funding
in
the
area
(10) In
its
conclusions
of
23
and
24
June
2011
the
European
of migration, asylum and external borders and to
Council welcomed the Commission’s intention to
improve the availability of such funding for the
enhance the synergies between the loan programme for
Member States to implement their annual programmes
Greece and Union funds and supported efforts to
under the Funds, it is necessary, on a temporary basis
increase Greece’s capacity to absorb Union funds in
and without prejudice to the 2014-2020 programming
order to stimulate growth and employment by refocusing
period, to arrange for an increase in the Union co-
on improving competitiveness and job creation.
financing rate under the Funds by an amount
Moreover, it welcomed and supported the preparation
corresponding to 20 percentage points above the co-
by the Commission, together with the Member States,
financing rates currently applicable, for Member States
of a comprehensive programme of technical assistance
experiencing serious difficulties with respect to their
to Greece. The amendments to Decision No
financial stability. This means that the Funds annual
574/2007/EC provided for in this Decision contribute
national allocation in accordance with the basic acts
to such efforts to enhance synergies.
will remain unchanged while national co-financing will
be reduced accordingly. Ongoing annual programmes
will need to be revised to reflect the changes resulting
(11) In
view
of
the
exceptional
circumstances,
Council
Regu
from the application of the increased Union co-financing
lation (EC) No 1083/2006 of 11 July 2006 laying down
rate.
general provisions on the European Regional Devel
opment Fund, the European Social Fund and the
Cohesion Fund ( 2 ) was amended by Regulation (EU) No
(14) Any
Member
State
seeking
to
benefit
from
the
increased
1311/2011 of the European Parliament and of the Coun
co-financing rate should provide the Commission with a
cil ( 3 ) to allow for an increase in the co-financing rate
written statement together with its draft annual
applied under the Structural Funds and the Cohesion
programme or draft revised annual programme. In its
Fund for Member States which are facing serious
statement, the Member State concerned should provide
difficulties with respect to their financial stability. A
a reference to the relevant Council Decision or to any
similar approach was adopted towards those Member
other relevant decision that makes it eligible to benefit
States in the framework of the European Agricultural
from the increased Union co-financing rate.
Fund for Rural Development under Regulation (EU) No
1312/2011 of the European Parliament and of the
Council of 19 December 2011 amending Council Regu
(15) The
unprecedented
crisis
affecting
international
financial
lation (EC) No 1698/2005 as regards certain provisions
markets and the economic downturn have seriously
relating to financial management for certain Member
damaged the financial stability of several Member
States experiencing or threatened with serious difficulties
States. As a rapid response is necessary to counter the
with respect to their financial stability ( 4 ) and in the
effects on the economy as a whole, this Decision should
framework of the European Fisheries Fund under Regu
enter into force as soon as possible.
lation (EU) No 387/2012 of the European Parliament
and of the Council of 19 April 2012 amending
Council Regulation (EC) No 1198/2006 on the
(16) Decision
No
574/2007/EC
should
therefore
be
amended
European Fisheries Fund, as regards certain provisions
accordingly.
relating to financial management for certain Member
States experiencing or threatened with serious difficulties
with respect to their financial stability ( 5 ). Those Member
States should be supported in the framework of the four
(17) As
regards
Iceland
and
Norway,
this
Decision
constitutes
a development of the provisions of the Schengen acquis
Funds established as part of the General Programme on
within the meaning of the Agreement concluded by the
‘Solidarity and Management of Migration Flows’, namely
Council of the European Union and the Republic of
the External Borders Fund, the European Return Fund,
Iceland and the Kingdom of Norway concerning the
the European Refugee Fund and the European Fund for
latters’ association with the implementation, application
the Integration of third-country nationals (‘the Funds’)
and development of the Schengen acquis (
established for the period 2007 to 2013.

6 ) which fall

within the area referred to in Article 1, points A and B
of Council Decision 1999/437/EC
( 7 ) on certain
arrangements for the application of that Agreement.
(12) The
Funds
are
key
tools
for
helping
Member
States
to
address important challenges in the area of migration,
asylum and external borders such as the development
(18) As
regards
Switzerland,
this
Decision
constitutes
a
devel
opment of the provisions of the Schengen acquis within
( 1 ) OJ L 91, 6.4.2011, p. 1.
the meaning of the Agreement between the European
( 2 ) OJ L 210, 31.7.2006, p. 25.
( 3 ) OJ L 337, 20.12.2011, p. 5.
( 4 ) OJ L 339, 21.12.2011, p. 1.
( 6 ) OJ L 176, 10.7.1999, p. 36.
( 5 ) OJ L 129, 16.5.2012, p. 7.
( 7 ) OJ L 176, 10.7.1999, p. 31.

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L 82/8
EN
Official Journal of the European Union
22.3.2013
Union, the European Community and the Swiss Confed
‘4. The
Union
contribution
to
supported
projects,
as
eration on the Swiss Confederation’s association with the
regards actions implemented in the Member States under
implementation, application and development of the
Article 4, shall not exceed 50 % of the total cost of a
Schengen acquis ( 1 ) which fall within the area referred
specific action.
to in Article 1, points A and B of Decision 1999/437/EC,
read in conjunction with Article 3 of Council Decision
2008/146/EC ( 2 ).
This may be increased to 75 % for projects addressing
specific priorities identified in the strategic guidelines
(19) As
regards Liechtenstein, this Decision constitutes a
referred to in Article 20.
development of the provisions of the Schengen acquis
within the meaning of the Protocol between the
European Union, the European Community, the Swiss
The Union contribution shall be increased to 75 % in the
Confederation and the Principality of Liechtenstein on
Member States covered by the Cohesion Fund.
the accession of the Principality of Liechtenstein to the
Agreement between the European Union, the European
Community and the Swiss Confederation on the Swiss
The Union contribution may be increased by 20 percentage
Confederation’s association with the implementation,
points in a Member State provided that it meets one of the
application and development of the Schengen acquis ( 3 )
following conditions at the time of submission of its draft
which fall within the area referred to in Article 1, points
annual programme in accordance with Article 23(3) of this
A and B of Decision 1999/437/EC, read in conjunction
Decision or draft revised annual programme in accordance
with Article 3 of Council Decision 2011/350/EU ( 4 ).
with Article 23 of Commission Decision 2008/456/EC (*):
(20) In accordance with Articles 1 and 2 of Protocol No 22
on the position of Denmark, annexed to the Treaty on
European Union and to the Treaty on the Functioning of
(a) medium-term financial assistance is made available to it
the European Union, Denmark is not taking part in the
in accordance with Council Regulation (EC) No
adoption of this decision and is not bound by it or
332/2002 (**);
subject to its application. Given that this Decision
builds upon the Schengen acquis, Denmark shall, in
accordance with Article 4 of that Protocol, decide
(b) financial assistance is made available to it in accordance
within a period of six month after the Council has
with Council Regulation (EU) No 407/2010 (***) or
decided on this Decision whether it will implement it
financial assistance is made available to it by other
in its national law.
euro-area Member States before 13 May 2010; or
(21) This Decision constitutes a development of the
provisions of the Schengen acquis in which the United
(c) financial assistance is made available to it in accordance
Kingdom does not take part, in accordance with Council
with the intergovernmental agreement reached estab
Decision 2000/365/EC of 29 May 2000 concerning the
lishing the European Financial Stability Facility or the
request of the United Kingdom of Great Britain and
Treaty establishing the European Stability Mechanism.
Northern Ireland to take part in some of the provisions
of the Schengen acquis ( 5 ); the United Kingdom is
therefore not taking part in its adoption and is not
The Member State concerned shall submit a written
bound by it or subject to its application.
statement to the Commission together with its draft annual
programme or draft revised annual programme confirming
(22) This Decision constitutes a development of the
that it meets one of the conditions referred to in point (a), (b)
provisions of the Schengen acquis in which Ireland does
or (c) of the fourth subparagraph.
not take part, in accordance with Council Decision
2002/192/EC of 28 February 2002 concerning Ireland’s
request to take part in some of the provisions of the
A project co-financed at the increased rate may remain so
Schengen acquis ( 6 ); Ireland is therefore not taking part
whether or not one of the conditions referred to in point (a),
in its adoption and is not bound by it or subject to its
(b) or (c) of the fourth subparagraph is still met in the course
application,
of the implementation of the related annual programme.
HAVE ADOPTED THIS DECISION:
___________
Article 1
(*) OJ L 167, 27.6.2008, p. 1.
Amendments to Decision No 574/2007/EC
(**) OJ L 53, 23.2.2002, p. 1.
(***) OJ L 118, 12.5.2010, p. 1.’.
In Article 16 of Decision No 574/2007/EC, paragraph 4 is
replaced by the following:
( 1 ) OJ L 53, 27.2.2008, p. 52.
Article 2
( 2 ) OJ L 53, 27.2.2008, p. 1.
( 3 ) OJ L 160, 18.6.2011, p. 21.
Entry into force
( 4 ) OJ L 160, 18.6.2011, p. 19.
( 5 ) OJ L 131, 1.6.2000, p. 43.
This Decision shall enter into force on the day following that of
( 6 ) OJ L 64, 7.3.2002, p. 20.
its publication in the Official Journal of the European Union.

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EN
22.3.2013 Official
Journal
of
the
European
Union
L
82/9
Article 3
Addressees
This Decision is addressed to the Member States in accordance with the Treaties.
Done at Strasbourg, 13 March 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. CREIGHTON

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Document Outline

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