Estonia - Programme - AMIF - Programme Adoption 2021-2027 - Observations Letter - Ares(2022)5504894

HE Mr Aivo Orav

Ambassador

Permanent Representation of Estonia to the European Union

Rue Guimard 11/13, 1040, Bruxelles/Brussel Belgium

[email protected] Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111

ANNEX

Observations on Estonia AMIF programme 2021 – 2027

Horizontal Comments

The Commission services invite the Estonian authorities to review the programming

strategy in the light of the consequences of the recent refugee inflow from Ukraine.

While the Commission has brought forward proposals to extend the implementation

period of the Home Affairs Funds 2014-2020 to release free unspent financial resources

as a first measure, additional efforts will be necessary. We believe that all funding

opportunities should be explored and the 2021 -2027 programme could provide an

important contribution. To be able to tap quickly into the 2021-2027 allocations, you are

invited to introduce a reference to the situation in section 1 of the programme and

indicate that the programme can also cover measures benefiting the target population

affected. Coordination with the Managing Authorities in charge of other relevant EU

Funds is also recommended.

Section 1 – Programme strategy: main challenges and policy responses Reference: Article 22(3)(a)(iii), (iv), (vii) and (ix) of Regulation (EU) 2021/1060 (CPR)

(1) The Commission services would like to compliment the Estonian authorities on

the good proposals of strategic value contained in the Estonia AMIF programme.

It demonstrates the thoroughness of the consultation and presents well how it

aims to continue and reinforce the investments made in 2014-2020.

Section 2 – Specific objectives Reference: Article 22(2)(c), Article 22(3), and Article 22(4) CPR

(2) The Commission services invite the Estonian authorities to move the indicative

list of possible actions under their respective implementing measures to improve

the presentation of what would be funded under the programme.

(3) Concerning Result indicators, we invite the Estonian authorities to list year 2021

as reference year and set the baseline at “Zero” for all indicators.

Specific objective 2 – Strengthening and developing legal migration to the Member

States in accordance with their economic and social needs, and promoting and

contributing to the effective integration and social inclusion of third-country nationals

(4) The Commission services note that the programme envisages support to

campaigns (target of 3 under the output indicators O.2.4 on the number of

information packages and campaigns to raise awareness of legal migration

channels to the Union) and that there is a reference to EUR 900.000 on legal

residence (amount under intervention code 010.Acquisition of legal residence).

As we understand the text in Section 2 SO2 these indicators reflect the actions for

Ref. Ares(2022)5504894 - 01/08/2022

registration of third country nationals in Estonia and not for legal migration from

outside the Union. The Estonian authorities are asked to confirm that there are no

projects on legal migration planned and, if so, revise the text/ intervention code

accordingly.

(5) The programme refers to actions in third countries, where it states that external

actions will continue to be implemented in complementarity to the

Neighbourhood, Development and International Cooperation Instrument and

Instrument for Pre-Accession Assistance that are and will remain the primary

tools to support the external dimension of the Union’s migration and security

policy. Please clarify whether the AMIF programme actually supports such

actions or whether you mean that such actions are supported by NDICI in

complementarity with AMIF.

Section 4 – Enabling conditions Reference: Article 22(3)(i) CPR

(6) The Commission services have analysed the Estonian assessment of fulfilment of

the horizontal enabling condition on Effective monitoring mechanisms of the

public procurement market and consider it as fulfilled.

(7) Regarding the horizontal enabling condition (HEC) 3 on the “Effective

application and implementation of the EU Charter of Fundamental Rights” (‘the

Charter’) and HEC 4 on the “Implementation and application of the United

Nations Convention on the rights of persons with disabilities (UNCRPD)”, these

were first assessed within the framework of the informal submission of the

Estonian Programme for Cohesion Policy Funds 2021-2027.

The observations were sent to Estonian authorities on 28 February 2022

(Ares(2022)1477322). Further information and description of these horizontal

enabling conditions have been subsequently provided to the Commission services,

including together with the formal submission of the multi-fund programme

(2021EE16FFPR001) on 16 June 2022.

The Estonian authorities are invited to address the Commission observations

provided in February and consider all subsequent Commission’s comments and

analysis in order to align the text of the horizontal enabling conditions between

different programmes and ensure consistency, and include additional information

which was provided with the multi-fund programme (“long version” of enabling

conditions), as additional material to AMIF programme as well. In this context,

Estonia is invited to address in particular the following elements.

With respect to the assessment for the HEC 3 on the Charter:

(8) On criterion 1, the Estonian authorities are invited to specify the arrangements in

place in all phases of the programming and implementation to effectively ensure

compliance with the Charter. In particular, the Estonian authorities should clearly

indicate the role and tasks of all authorities and bodies involved in effectively

ensuring the compliance of the programmes with the Charter (who is involved

and when).

(9) Furthermore, the Estonian authorities are invited to set out which bodies or

persons will provide assistance and expertise on fundamental rights matters and,

where relevant, will have the ability to contribute to effectively ensure

compliance with the Charter. The Commission services welcome that the

Ministry of the Interior will provide trainings on fundamental rights but invites

the Estonian authorities to provide concrete information on the trainings.

(10) On criterion 2, the Estonian authorities are invited to provide more detailed

information about the reporting arrangements to the monitoring committee, such

as the frequency and content (scope, remedial actions) of reporting on complaints

and cases of non-compliance. In particular, they are invited to clearly differentiate

between the reporting arrangements for cases of non-compliance of operations

supported by the Funds with the EU Charter and complaints, as well as to provide

concrete information in this regard. As it stands currently, the self-assessment

explicitly refers only to the reporting arrangements as regards complaints and

does not cover these as regards cases of non-compliance.

(11) The Commission services welcome the inclusion in the monitoring committee of

the Chancellor of Justice, the Gender Equality and Equal Treatment

Commissioner and the Estonian Chamber of Disability, as well as the Estonian

Human Rights Centre. However, as regards these bodies, and in particular of the

Chancellor of Justice and the Gender Equality and Equal Treatment

Commissioner, their concrete means of action, beyond issuing reports, in terms of

their ability to effectively ensure compliance with the Charter, should be clarified

in relation to the implementation of the programmes.

With respect to the assessment for the HEC 4 on the UNCRPD:

(12) On criterion 2 of the HEC 4 on the UNCRPD, the Commission services welcome

the role of the Equality Competence Centre, as an advisory and training unit, in

providing advice and monitoring compliance with the requirements in the

measures-based legislation for managing and implementing bodies on

accessibility and equal opportunities aspects. However, the Estonian authorities

are invited to provide more concrete information on the measures to ensure that

accessibility policies, legislation and standards are duly taken into account in the

design and implementation of programmes. This includes information on the role

and tasks of different authorities and bodies (MA-s, intermediate bodies etc.) in

ensuring that the accessibility policy, legislation and standards are properly

reflected in the preparation and implementation of the programmes and how the

compliance with the UNCRPD, anti-discrimination law on the grounds of

disability and accessibility will be checked at all stages of programming.

(13) On criterion 3, the Estonian authorities are invited to provide more detailed

information about the reporting arrangements to the monitoring committee, such

as the frequency and content (scope, remedial actions) of reporting on complaints

and cases of non-compliance as well as to clarify whether the arrangements will

cover both complaints and cases of non-compliance.

(14) The Commission services invite the Managing Authority to continue the

collaboration with the Managing Authorities of the Cohesion Policy Funds for

2021-2027 in order to ensure coherence.

HE Mr Aivo Orav

Ambassador

Permanent Representation of Estonia to the European Union

Rue Guimard 11/13, 1040, Bruxelles/Brussel Belgium

[email protected] Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111

EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR MIGRATION AND HOME AFFAIRS

The Director-General

Brussels HOME.E.3/RH

Subject: Commission Observations on Estonia AMIF programme 2021-2027

CCI: 2021EE65AMPR001

Your Excellency,

A complete1 version of the Estonia AMIF programme was formally submitted via

SFC2021 on 2 May 2022. In accordance with Article 23(1) and (2) Common Provisions

Regulation2, the Commission has assessed the programme and made some observations.

These observations are set out in the annex.

We would like to ask your authorities to consider these observations and revise the

programme accordingly, as well as to provide additional information wherever requested.

Please bear in mind that, in accordance with Article 3 Common Provisions Regulation,

where a time limit is set for an action by the Commission, that time limit is suspended

from the day following the date on which the Commission sends its observations or a

request for revised documents to the Member State and until the Member State responds

to it.

My services are available to provide any further clarifications you may need and to meet

with your authorities to discuss the observations in further detail, should you deem it

suitable. Please do not hesitate to get in contact with Doede Ackers, Head of Unit

HOME.E3 North, West and Central Europe (II).

Yours faithfully,

Monique PARIAT

Director-General

1 In the meaning of Article 3 CPR, first sub-paragraph, i.e. a version for which “all information in accordance with

the requirements laid down in this Regulation or in Fund-specific Regulations have been submitted by the

Member State”.

2 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common

provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the

Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and

for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial

Support for Border Management and Visa Policy.

Ref. Ares(2022)5504894 - 01/08/2022

Enclosures: Commission observations on Estonia AMIF programme –

2021EE65AMPR001

C.C.: Mr Tarmo Miilits, Secretary General at Estonian Ministry of ohe

Interior, Pikk 61 15065 Tallinn, [email protected]