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The European Return Fund

The European Return Fund

  • The European Return Fund
    The European Return Fund

Decision No 575/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the European Return Fund for the period 2008–2013 as part of the General Programme Solidarity and Management of Migration Flows forms the legal basis for using the funds from the European Return Fund by Poland.

The main objective of the Fund is to support the efforts made by the Member States to improve the management of return in all its dimensions through the use of the concept of integrated management and by providing for joint actions to be implemented by Member States or for national actions that pursue Community objectives under the principle of solidarity, taking account of Community legislation in this field and in full compliance with fundamental rights.

Specific objectives of the Fund are the following:

  1. the introduction and improvement of the organization and implementation of integrated return management by Member States,
  2. the enhancement of the cooperation between Member States within the framework of integrated return management and its implementation,
  3. the promotion of an effective and uniform application of common standards of return in line with policy developments in this field.

The total amount of funds available for Poland within the framework of the Fund is EUR 18,084,375.67. Poland’s annual allocations are as follows:

  • 2008  – EUR 1,703,835.05
  • 2009  – EUR 1,992,689.91
  • 2010  – EUR 2,593,072.28
  • 2011  – EUR 3,098,932.43
  • 2012  – EUR 3,980,509.00
  • 2013  – EUR 4,715,337.00

The target groups of the Fund comprise:

  1. all third–country nationals who have not yet received a final negative decision in relation to their request for international protection in a Member State and who may choose to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State;
  2. all third–country nationals enjoying a form of international protection within the meaning of Directive 2004/83/EC, or temporary protection within the meaning of Directive 2001/55/EC in a Member State, and who choose to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State;
  3. all third–country nationals who do not or no longer fulfil the conditions for entry and/or stay in a Member State and who, in accordance with the obligation to leave the territory of that Member State, make use of voluntary return;
  4. all other third–country nationals who do not or no longer fulfil the conditions for entry and/or stay in a Member State.

The objectives of the Fund are pursued within the framework of the multiannual programming period 2008–2013. In view of the applicable rules on the eligibility of expenditure until 30 June of the n+1.5 year, actions (projects) can be implemented in the period between 2008 and 2015.

The European Commission has adopted the Strategic Guidelines for the period 2008–2013 (Commission Decision of 30 November 2007 implementing Decision No 575/2007/EC of the European Parliament and of the Council). On the basis of the Strategic Guidelines, Multi–annual Programme for the period 2008 – 2013 was created and approved by the European Commission on 22 December 2008. The Multi–annual Programme has been implemented through successive, detailed annual programmes. Annual programmes are prepared in advance and submitted for approval to the European Commission. The latter has already approved the last Annual Programme for the period 2008–2013.

In the framework of Annual Action Programmes, measures are carried out under the following priorities:

  • Priority 1: Support for the development of a strategic approach to return management by Member States;
  • Priority 2: Support for the cooperation between Member States in return management;
  • Priority 3: Support for specific innovative (inter)national tools for return management;
  • Priority 4: Support for Community standards and best practices on return management.

Each Annual Programme consists of two parts: awarding mode and excecuting mode. The procedure based on an awarding mode is open to a large number of potential beneficiaries. In the procedure of an excecuting mode, specific projects and implementing entities are determined for each Annual Programme. The excecuting mode is aimed at projects which, due to a de jure monopoly or security reasons, cannot be selected using the call for tenders procedure.

CALL FOR PROPOSALS

The following projects have been implemented in the framework of the 2008 Annual Programme:

  • Consultancy, Travel, Reintegration – Assistance in voluntary return from Poland – multiannual project (2008, 2009 and 2010 allocations), carried out by the International Organization for Migration (IOM) in cooperation with the Office for Foreigners;
  • Voluntary Return and Reintegration Assistance, carried out by the International Organization for Migration (IOM) in cooperation with the Office for Foreigners;
  • Assistance in voluntary return from Poland and reintegration for irregular migrants – multiannual project (2008 and 2009 allocations), carried out by the International Organization for Migration (IOM) in cooperation with the Border Guard.

The following projects have been implemented in the framework of the 2009 Annual Programme:

  • Support for voluntary return to Lubelskie Region – multiannual project (2009, 2010 and 2011 allocations), carried out by the Rule of Law Institute Foundation;
  • Voluntary Return and Reintegration Assistance – Continuation, carried out by the International Organization for Migration (IOM) in cooperation with the Border Guard;
  • Consultancy, Travel, reintegration – Assistance in Voluntary return from Poland - multiannual project (2008, 2009 and 2010 allocations), carried out by the International Organization for Migration (IOM) in cooperation with the Office for Foreigners;
  • Assistance in Voluntary return from Poland and reintegration for irregular migrants – multiannual project (2008 and 2009 allocations), carried out by the International Organization for Migration (IOM) in cooperation with the Border Guard.

The following projects have been implemented in the framework of the 2010 Annual Programme:

  • Assistance in voluntary return from Poland and reintegration – multiannual project (2010, 2011 and 2012 allocations), carried out by the International Organization for Migration (IOM) in cooperation with the Border Guard;
  • Increased effectiveness of voluntary return measures – multiannual project (2010, 2011 and 2012 allocations), carried out by the International Organization for Migration (IOM) in cooperation with the Office for Foreigner and the Border Guard;
  • Information campaign on assistance in voluntary return – project carried out in the framework of the 2010 allocation by the International Organization for Migration (IOM) in cooperation with the Border Guard;
  • Support for voluntary return to Lubelskie Region – multiannual project (2009, 2010 and 2011 allocations), carried out by the Rule of Law Institute Foundation;
  • Consultancy, Travel, Reintegration – Assistance in Voluntary return from Poland – multiannual project (2008, 2009 and 2010 allocations), carried out by the International Organization for Migration (IOM) in cooperation with the Office for Foreigners;

The following projects have been implemented in the framework of the 2011 Annual Programme:

  • Consultancy, Travel, Reintegration – Assistance in Voluntary return from Poland – multiannual project (2011, 2012 and 2013 allocations), carried out by the International Organization for Migration (IOM) in cooperation with the Office for Foreigners;
  • RETURNS. Legal assistance and information for returning migrants – multiannual project (2011, 2012 and 2013 allocations), carried out by Helsinki Foundation for Human Rights;
  • Support for voluntary return to Lubelskie Region – multiannual project (2009, 2010 and 2011 allocations), carried out by the Rule of Law Institute Foundation;
  • Support for voluntary return to Lubelskie Region II – multiannual project (2011, 2012 and 2013 allocations), carried out by the Rule of Law Institute Foundation;
  • Increased effectiveness of voluntary return measures – multiannual project (2010, 2011 and 2012 allocations), carried out by the International Organization for Migration (IOM) in cooperation with the Office for Foreigner and the Border Guard;
  • Assistance in voluntary return from Poland and reintegration – multiannual project (2010, 2011 and 2012 allocations), carried out by the International Organization for Migration (IOM) in cooperation with the Border Guard.
  • Safe return - legal assistance and monitoring of compliance with human rights standards within the framework of the third country nationals' returns to their origin countries – multiannual project (2011, 2012 and 2013 allocations) carried out in the framework of Priority I and IV by the Halina Nieć Legai Aid Centre;
  • Return migration: theory and practice – (2010, 2011 and 2012 allocations), carried out by the John Paul II Catholic University of Lublin;
  • Assistance in voluntary return from Poland and reintegration. Phase 2 – carried out by the International Organization for Migration (IOM) in cooperation with the Border Guard;
  • Increased effectiveness of voluntary return measures. Phase 2 – carried out by the International Organization for Migration (IOM) in cooperation with the Office for Foreigner and the Border Guard.

The following projects have been implemented in the framework of the 2012 Annual Programme:

  • Consultancy, Travel, Reintegration – Assistance in Voluntary return from Poland, a multiannual project (2011, 2012 and 2013 allocations), carried out by the International Organization for Migration (IOM) in cooperation with the Office for Foreigners;
  • Increased effectiveness of voluntary return measures – multiannual project (2010, 2011 and 2012 allocations), carried out by the International Organization for Migration (IOM) in cooperation with the Office for Foreigner and the Border Guard;
  • RETURNS. Legal assistance and information for returning migrants – multiannual project (2011, 2012 and 2013 allocations), carried out by Helsinki Foundation for Human Rights;
  • Safe return - legal assistance and monitoring of compliance with human rights standards within the framework of the third country nationals' returns to their origin countries – multiannual project (2011, 2012 and 2013 allocations) carried out in the framework of Priority I and IV by the Halina Nieć Legal Aid Centre;
  • Return migration: theory and practice – (2010, 2011 and 2012 allocations), carried out by the John Paul II Catholic University of Lublin;
  • Support for voluntary return to Lubelskie Region II – multiannual project (2011, 2012 and 2013 allocations), carried out by the Rule of Law Institute Foundation;
  • Assistance in Voluntary return from Poland and reintegration – multiannual project (2010, 2011 and 2012 allocations), carried out by the International Organization for Migration (IOM) in cooperation with the Border Guard;
  • Assistance in voluntary return from Poland and reintegration. Phase 2 – carried out by the International Organization for Migration (IOM) in cooperation with the Border Guard;
  • Increased effectiveness of voluntary return measures. Phase 2 – carried out by the International Organization for Migration (IOM) in cooperation with the Office for Foreigner and the Border Guard.

Additional information concerning the above projects can be found in the annexed List of beneficiaries/ partners below.

PROCEDURE WITHOUT A CALL FOR PROPOSALS

Three projects were implemented in the framework of the procedure without a call for proposals in the 2008 Annual Programme, with Polish Border Guard as the Partner:

  1. Organisation of forced returns;
  2. Strengthening of cooperation between Member States in the area of returns;
  3. Strengthening of cooperation between Member States in the identification of aliens.

Under the 2008 allocation, the first project was completed in 2009, the second in March 2010 and the third in June 2010.

Within the framework of the procedure without a call for proposals under the 2009 Annual Programme, four projects were implemented – three continuing the above mentioned projects, and one additional project, Strengthening of the effectiveness of the measures taken by Border Guard with respect to returns, including cooperation with other institutions. All the projects were completed in June 2011.

Under the 2010 Annual Programme, four projects were implemented based on the procedure without a call for proposals, with Polish Border Guard as a Partner. All of them were the continuation of projects under the 2008 and 2009 allocations, and their implementation was completed on 30 June 2012.

Within the framework of the procedure without a call for proposals under the Annual Programme 2011, four projects were implemented, all of them being the continuation of actions under PR 2008, PR 2009 and PR 2010, with Polish Border Guard as a Partner. Their implementation began on 1 April 2011 and was completed on 30 June 2013.

Under the Annual Programme 2012, four projects were implemented in the framework of the procedure without a call for proposals. They were the continuation of actions under PR 2008, PR 2009, PR 2010 and PR 2011, with Polish Border Guard as a Partner. Two additional projects have also been implemented:

  1. Improving detention conditions in the Guarded Centre for Foreigners in Lesznowola;
  2. Expansion and implementation of a Service System for Foreign Nationals in the Central Database of the Border Guard.

Their implementation began on 1 April 2012 and is to be completed by 30 June 2014.

In accordance with the Management and Control System approved by the European Commission:

  • Responsible Authority – the Department for International Cooperation and European Funds, the Ministry of the Interior,
  • Delegated Authority – the European Projects Implementation Centre of the Ministry of the Interior,
  • Audit Authority – General Inspector of Treasury Control, who acts through the intermediary of the Department for Protection of EU’s Financial Interests,
  • Certifying Authority – Paying Authority Department, the Ministry of Finance.