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22.3.2013 Official
Journal
of
the
European
Union
L
82/1
I
(Legislative acts)
DECISIONS
DECISION No 258/2013/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 March 2013
amending Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the
Council and Council Decision 2007/435/EC with a view to increasing the co-financing rate of the
European Refugee Fund, the European Return Fund and the European Fund for the Integration of
third-country nationals as regards certain provisions relating to financial management for certain
Member States experiencing or threatened with serious difficulties with respect to their financial
stability
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
their deficit and debt positions and threaten economic
EUROPEAN UNION,
growth, and are heightened by the international
economic and financial environment.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Articles 78(2) and Article 79(2) and (4)
(3)
While important actions to counterbalance the negative
thereof,
effects of the crisis have already been taken, the impact
of the financial crisis on the real economy, the labour
Having regard to the proposal from the European Commission,
market and society at large is being widely felt. Pressure
on national financial resources is increasing and further
After transmission of the draft legislative act to the national
steps should be taken rapidly to alleviate that pressure
parliaments,
through the maximal and optimal use of Union funding.
Acting in accordance with the ordinary legislative procedure ( 1 ),
(4) Council
Regulation
(EC)
No
332/2002
of
18
February
2002 establishing a facility providing medium-term
Whereas:
financial assistance for Member States’ balances of
payments ( 5 ) provides that the Council may grant
(1) Decision
No
573/2007/EC
of
the
European
Parliament
medium-term financial assistance where a Member State
and of the Council (
which has not adopted the euro is in difficulties or is

2 ) established the European Refugee
Fund, Decision No 575/2007/EC of the European
seriously threatened with difficulties as regards its balance
Parliament and of the Council
(
of payments.

3 ) established the

European Return Fund and Council Decision
2007/435/EC ( 4 ) established the European Fund for the
(5) Romania
was
granted
such
financial
assistance
by
Integration of third-country nationals, as part of the
Council Decision 2009/459/EC of 6 May 2009
General programme ‘Solidarity and Management of
providing Community medium-term financial assistance
Migration Flows’. Those Decisions provide for different
for Romania ( 6 ).
Union co-financing rates for actions supported by the
Funds.
(6)
In accordance with the conclusions of the Ecofin Council
of 9-10 May 2010, the Council adopted a comprehensive
(2) The
unprecedented
global
financial
crisis
and
economic
downturn have seriously damaged economic growth and
package of measures, including Council Regulation (EU)
financial stability, provoking a marked deterioration in
No 407/2010 of 11 May 2010 establishing a European
financial, economic and social conditions in several
financial stabilisation mechanism ( 7 ), and, on 7 June
Member States. Some Member States are experiencing
2010, a European Financial Stability Facility was estab
serious difficulties or are threatened with such difficulties,
lished by the euro-area Member States, in order to
particularly with respect to their financial and economic
provide financial support to euro-area Member States in
stability, which has led or may lead to deterioration in
difficulties caused by exceptional circumstances beyond
their control, thereby safeguarding the financial stability
of the euro area as a whole as well as of its Member
( 1 ) Position of the European Parliament of 6 February 2013 (not yet
States.
published in the Official Journal) and decision of the Council of
25 February 2013.
( 2 ) OJ L 144, 6.6.2007, p. 1.
( 5 ) OJ L 53, 23.2.2002, p. 1.
( 3 ) OJ L 144, 6.6.2007, p. 45.
( 6 ) OJ L 150, 13.6.2009, p. 8.
( 4 ) OJ L 168, 28.6.2007, p. 18.
( 7 ) OJ L 118, 12.5.2010, p. 1.

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L 82/2
EN
Official Journal of the European Union
22.3.2013
(7) Ireland
and
Portugal
were
granted
financial
assistance
by
difficulties with respect to their financial stability. A
the European financial stabilisation mechanism under
similar approach was adopted towards those Member
Council Implementing Decisions 2011/77/EU ( 1 ) and
States in the framework of the European Agricultural
2011/344/EU ( 2 ) respectively. They have also received
Fund for Rural Development under Regulation (EU) No
funds from the European Financial Stability Facility.
1312/2011 of the European Parliament and of the
Council of 19 December 2011 amending Council Regu
lation (EC) No 1698/2005 as regards certain provisions
(8) On
8
May
2010,
an
Intercreditor
Agreement
and
a
Loan
relating to financial management for certain Member
Facility Agreement for Greece were concluded and
States experiencing or threatened with serious difficulties
entered into force on 11 May 2010 as a first
with respect to their financial stability ( 6 ) and in the
programme of financial assistance for Greece. On
framework of the European Fisheries Fund under Regu
12 March 2012, the finance ministers of the euro-area
lation (EU) No 387/2012 of the European Parliament
Member States interrupted that first programme and
and of the Council of 19 April 2012 amending
approved a second programme of financial assistance
Council Regulation (EC) No 1198/2006 on the
for Greece. It was decided that the financial vehicle for
European Fisheries Fund, as regards certain provisions
that second programme would be the European Financial
relating to financial management for certain Member
Stability Facility, which would also disburse the
States experiencing or threatened with serious difficulties
remaining amount to be contributed by the euro area
with respect to their financial stability ( 7 ). Those Member
under the first programme.
States should also be supported in the framework of the
four Funds established as part of the General Programme
on ‘Solidarity and Management of Migration Flows’,
namely the External Borders Fund, the European Return
(9)
On 2 February 2012, the finance ministers of the euro-
area Member States signed the Treaty establishing the
Fund, the European Refugee Fund and the European Fund
European Stability Mechanism. That Treaty follows
for the Integration of third-country nationals (‘the Funds’)
European Council Decision 2011/199/EU of 25 March
established for the period 2007 to 2013.
2011 amending Article 136 of the Treaty on the Func
tioning of the European Union with regard to a stability
(12) The
Funds
are
key
tools
for
helping
Member
States
to
mechanism for Member States whose currency is the
address important challenges in the area of migration,
euro ( 3 ). Under that Treaty, the European Stability
asylum and external borders, such as the development
Mechanism is the primary provider of financial assistance
of a comprehensive Union immigration policy to
to euro-area Member States from its entry into force on
enhance the competitiveness and social cohesion of the
8 October 2012. Therefore, this Decision should take the
Union and the creation of the Common European
European Stability Mechanism into account.
Asylum System.
(10) In
its
conclusions
of
23
and
24
June
2011,
the
European
(13) To
make
it
easier
to
manage
Union
funding
in
the
area
Council welcomed the Commission’s intention to
of migration, asylum and external borders and to
enhance the synergies between the loan programme for
improve the availability of such funding for the
Greece and Union funds and supported efforts to
Member States to implement their annual programmes
increase Greece’s capacity to absorb Union funds in
under the Funds, it is necessary, on a temporary basis
order to stimulate growth and employment by refocusing
and without prejudice to the 2014 to 2020
on improving competitiveness and job creation.
programming period, to arrange for an increase in the
Moreover, it welcomed and supported the preparation
Union co-financing rate under the Funds, by an amount
by the Commission, together with the Member States,
corresponding to 20 percentage points above the co-
of a comprehensive programme of technical assistance
financing rates currently applicable, for Member States
to Greece. The amendments to Decisions No
experiencing serious difficulties with respect to their
573/2007/EC and No 575/2007/EC and Decision
financial stability. This means that the Funds’ annual
2007/435/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 (
(14) Any
Member
State
seeking
to
benefit
from
the
increased

4 ) was amended by Regulation (EU) No
1311/2011 of the European Parliament and of the Coun
co-financing rate should provide the Commission with a
cil (
written statement together with its draft annual

5 ) to allow for an increase in the co-financing rate
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
a reference to the relevant Council Decision or to any
other relevant decision that makes it eligible to benefit
( 1 ) OJ L 30, 4.2.2011, p. 34.
from the increased Union co-financing rate.
( 2 ) OJ L 159, 17.6.2011, p. 88.
( 3 ) OJ L 91, 6.4.2011, p. 1.
( 4 ) OJ L 210, 31.7.2006, p. 25.
( 6 ) OJ L 339, 21.12.2011, p. 1.
( 5 ) OJ L 337, 20.12.2011, p. 5.
( 7 ) OJ L 129, 16.5.2012, p. 7.

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EN
22.3.2013 Official
Journal
of
the
European
Union
L
82/3
(15) The
unprecedented
crisis
affecting
international
financial
(c) financial assistance is made available to it in accordance
markets and the economic downturn have seriously
with the intergovernmental agreement establishing the
damaged the financial stability of several Member
European Financial Stability Facility or the Treaty estab
States. As a rapid response is necessary to counter the
lishing the European Stability Mechanism.
effects on the economy as a whole, this Decision should
enter into force as soon as possible.
The Member State concerned shall submit a written
statement to the Commission together with its draft
(16) Decisions No 573/2007/EC and No 575/2007/EC and
annual programme or draft revised annual programme
Decision 2007/435/EC should therefore be amended
confirming that it meets one of the conditions referred to
accordingly.
in point (a), (b) or (c) of the fourth subparagraph.
(17) In
accordance
with
Article
3
of
Protocol
No
21
on
the
A project co-financed at the increased rate may remain so
position of the United Kingdom and Ireland in respect of
whether or not one of the conditions referred to in point
the Area of Freedom, Security and Justice, annexed to the
(a), (b) or (c) of the fourth subparagraph is still met in the
Treaty on European Union and to the Treaty on the
course of the implementation of the related annual
Functioning of the European Union, those Member
programme.
States have notified their wish to take part in the
adoption and application of this Decision.
___________
(*) OJ L 7, 10.1.2008, p. 1.
(18) In accordance with Articles 1 and 2 of Protocol No 22
(**) OJ L 53, 23.2.2002, p. 1.
on the position of Denmark, annexed to the Treaty on
(***) OJ L 118, 12.5.2010, p. 1.’;
European Union and to the Treaty on the Functioning of
the European Union, Denmark is not taking part in the
adoption of this Decision and is not bound by it or
(2) in Article 21, paragraph 3 is replaced by the following:
subject to its application,
‘3. Financial
assistance
from
the
Fund
for
the
emergency
HAVE ADOPTED THIS DECISION:
measures provided for in Article 5 shall be limited to a
period of six months and shall not exceed 80 % of the
Article 1
cost of each measure.
Amendments to Decision No 573/2007/EC
Financial assistance may be increased by 20 percentage
Decision No 573/2007/EC is amended as follows:
points in a Member State provided that it meets one of
the conditions referred to in point (a), (b) or (c) of the
(1) in Article 14, paragraph 4 is replaced by the following:
fourth subparagraph of Article 14(4) of this Decision at
the time of submission of the application for emergency
‘4. The
Union
contribution
to
supported
projects,
as
measures referred to in paragraph 2 of this Article or at
regards actions implemented in the Member States under
the time of submission of its draft revised annual
Article 3, shall not exceed 50 % of the total cost of a
programme in accordance with Article 23 of Decision
specific action.
2008/22/EC.
This may be increased to 75 % for projects addressing
The Member State concerned shall submit a written
specific priorities identified in the strategic guidelines
statement to the Commission together with the application
referred to in Article 17.
for the emergency measures or its draft revised annual
programme confirming that it meets one of the conditions
referred to in point (a), (b) or (c) of the fourth subparagraph
The Union contribution shall be increased to 75 % in the
of Article 14(4).
Member States covered by the Cohesion Fund.
A project co-financed at the increased rate may remain so
The Union contribution may be increased by 20 percentage
whether or not one of the conditions referred to in point
points in a Member State provided that it meets one of the
(a), (b) or (c) of the fourth subparagraph of Article 14(4) is
following conditions at the time of submission of its draft
still met in the course of the implementation of the related
annual programme in accordance with Article 20(3) of this
emergency measures.’.
Decision or of its draft revised annual programme in
accordance with Article 23 of Commission Decision
2008/22/EC (*):
Article 2
Amendments to Decision No 575/2007/EC
(a) medium-term financial assistance is made available to it
in accordance with Council Regulation (EC) No
In Article 15 of Decision No 575/2007/EC, paragraph 4 is
332/2002 (**);
replaced by the following:
(b) financial assistance is made available to it in accordance
‘4. The
Union
contribution
to
supported
projects,
as
with Council Regulation (EU) No 407/2010 (***) or
regards actions implemented in the Member States under
financial assistance is made available to it by other
Article 3, shall not exceed 50 % of the total cost of a
euro-area Member States before 13 May 2010; or
specific action.

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L 82/4
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Official Journal of the European Union
22.3.2013
This may be increased to 75 % for projects addressing
Article 4, shall not exceed 50 % of the total cost of a
specific priorities identified in the strategic guidelines
specific action.
referred to in Article 18.
This may be increased to 75 % for projects addressing
The Union contribution shall be increased to 75 % in the
specific priorities identified in the strategic guidelines as
Member States covered by the Cohesion Fund.
defined in Article 16.
The Union contribution may be increased by 20 percentage
The Union contribution shall be increased to 75 % in the
points in a Member State provided that it meets one of the
Member States covered by the Cohesion Fund.
following conditions at the time of submission of its draft
annual programme in accordance with Article 21(3) of this
Decision or of its draft revised annual programme in
The Union contribution may be increased by 20 percentage
accordance with Article 23 of Commission Decision
points in a Member State provided that it meets one of the
2008/458/EC (*):
following conditions at the time of submission of its draft
annual programme in accordance with Article 19(3) of this
Decision or of its draft revised annual programme in
(a) medium-term financial assistance is made available to it
accordance with Article 23 of Commission Decision
in accordance with Council Regulation (EC) No
2008/457/EC (*):
332/2002 (**);
(a) medium-term financial assistance is made available to it
(b) financial assistance is made available to it in accordance
in accordance with Council Regulation (EC) No
with Council Regulation (EU) No 407/2010 (***) or
332/2002 (**);
financial assistance is made available to it by other
euro-area Member States before 13 May 2010; or
(b) financial assistance is made available to it in accordance
with Council Regulation (EU) No 407/2010 (***) or
(c) financial assistance is made available to it in accordance
financial assistance is made available to it by other
with the intergovernmental agreement establishing the
euro-area Member States before 13 May 2010; or
European Financial Stability Facility or the Treaty estab
lishing the European Stability Mechanism.
(c) financial assistance is made available to it in accordance
with the intergovernmental agreement establishing the
The Member State concerned shall submit a written
European Financial Stability Facility or the Treaty estab
statement to the Commission together with its draft annual
lishing the European Stability Mechanism.
programme or draft revised annual programme confirming
that it meets one of the conditions referred to in point (a), (b)
or (c) of the fourth subparagraph.
The Member State concerned shall submit a written
statement to the Commission together with its draft annual
programme or draft revised annual programme confirming
A project co-financed at the increased rate may remain so
that it meets one of the conditions referred to in point (a), (b)
whether or not one of the conditions referred to in point (a),
or (c) of the fourth subparagraph.
(b) or (c) of the fourth subparagraph is still met in the course
of the implementation of the related annual programme.
A project co-financed at the increased rate may remain so
whether or not one of the conditions referred to in point (a),
___________
(b) or (c) of the fourth subparagraph is still met in the course
(*) OJ L 167, 27.6.2008, p. 135.
of the implementation of the related annual programme.
(**) OJ L 53, 23.2.2002, p. 1.
(***) OJ L 118, 12.5.2010, p. 1.’.
___________
(*) OJ L 167, 27.6.2008, p. 69.
(**) OJ L 53, 23.2.2002, p. 1.
Article 3
(***) OJ L 118, 12.5.2010, p. 1.’.
Amendments to Decision 2007/435/EC
In Article 13 of Decision 2007/435/EC, paragraph 4 is replaced
by the following:
Article 4
Entry into force
‘4. The
Union
contribution
to
supported
projects,
as This Decision shall enter into force on the day following that of
regards actions implemented in the Member States under
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
82/5
Article 5
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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