EVALUATION REPORT ON IMPLEMENTATION OF ACTIONS
CO FINANCED BY THE EUROPEAN RETURN FUND
(Report set out in Article 50, 2 (a) of Decision NO 575/2007/EC)
Report submitted by the Responsible Authority of:
the Republic of Latvia
Date: 30.06.2010.
Head of Responsible Authority
State Secretary of the Ministry of the Interior
I. Pētersone
___________________
2
GENERAL INFORMATION TO BE PROVIDED BY THE RESPONSIBLE
AUTHORITY ON EVALUATION EXPERTISE AND ON METHODOLOGY
- Did you have recourse to an evaluation expertise to prepare this report?
Yes/ No
No
- If yes, for what part (s) of this report?
N/A
- Please explain what kind of evaluation expertise you had resource to:
*In-house evaluation expertise:
N/A
*External evaluation expertise:
N/A
3
EVALUATION REPORT ON THE RESULTS AND IMPACTS OF ACTIONS
CO-FINANCED BY THE EUROPEAN RETURN FUND
CONTENTS
1.
SUMMARY OF THE MULTI-ANNUAL PROGRAMME: ANALYSIS OF
REQUIREMENTS IN THE MEMBER STATE AND STRATEGY TO ACHIEVE THE
OBJECTIVES (THIS SUMMARY IS NECESSARY FOR THE COMMISSION
REPORT -THIS PART IS TO BE DELETED IF AVAILABLE OTHERWISE FOR
ALL MS)
2.
SUMMARY OF THE ANNUAL PROGRAMMES 2008 AND 2009 (EXCLUDING
TECHNICAL ASSISTANCE MEASURES AND INFORMATION AND
PUBLICITY) (THIS SUMMARY IS NECESSARY FOR THE COMMISSION
REPORT -THIS PART IS TO BE DELETED IF AVAILABLE OTHERWISE FOR
ALL MS)
3.
IMPLEMENTATION OF THE PROGRAMMES IN THE "AWARDING BODY"
MODE
4.
IMPLEMENTATION OF THE PROGRAMMES IN THE "EXECUTING BODY"
MODE
5.
SUMMARY DESCRIPTION OF THE PROJECTS FUNDED IN THE "AWARDING
BODY" MODE AND IN THE "EXECUTING BODY" MODE
6.
TECHNICAL ASSISTANCE - INFORMATION AND PUBLICITY
7.
ASSESSMENT OF THE IMPLEMENTATION OF THE ANNUAL PROGRAMMES
2008 AND 2009
8.
OVERALL ASSESSMENT OF THE RESPONSIBLE AUTHORITY ON THE
IMPLEMENTATION OF THE RF PROGRAMMES 2008 THROUGH 2009
4
Part I
Summary of the Multi-annual Programme 2008-2013
ANALYSIS OF REQUIREMENTS IN THE MEMBER STATE AND
STRATEGY TO ACHIEVE THE OBJECTIVES
1. ANALYSIS QF REQUIREMENTS IN THE MEMBER STATE
In this part the requirements of Latvia are described according to the approved MultiAnnual Programme (EC Decision (C2008)8798 of the 22nd December 2008) and the
current situation.
After joining the European Union and the Schengen Agreement, Latvia has
fully embraced legislation, liberties and security, a basic principle of which is free
movement of persons, which, in turn, is directly connected with immigration. It sets
new tasks also to authorities involved in national migration processes and border
security control in order to enable Latvia to act as partner in development of European
Union migration policy and control.
Due abolishment of border control on internal European Union borders, it is
expected that there will be an increase in illegal immigration and cross-border crime
from the European Union. After Latvia has joined the Schengen agreement, illegal
immigrants located in the southern region of the European Union will be able to enter
Latvia without significant obstructions. Above mentioned facts could imply an
increased illegal immigration pressure on Latvia. Therefore, the State Border Guard
will have to increase immigration control inside the country.
To protect the Republic of Latvia and all European Union member states from
influx of illegal immigrants, it is necessary to be already prepared for the predicted
situation beforehand by developing an integrated return management system plan.
In order to ensure security on external borders in line with the context of the
EU security it is necessary to fulfil requirements regarding:
- forced return operations that are realised by State Border Guard of Latvia as
well as in cooperation with FRONTEX Agency;
- facilitation of voluntary return and reintegration activities;
- strengthening capacity of the relevant authorities involved in the return
management sphere.
In order to meet described requirements of Latvia following operational objectives
were designed.
In the light of predicted influx of illegal immigrants, as well as previous
investments into the return sphere, it becomes clear that Latvia requires investments
in several other areas. The following objectives regarding return management are set:
1.
to create a strategic approach in Latvia regarding return management;
2.
to implement necessary amendments to Latvian legislation regulating return
conditions and procedures;
3.
to improve and support sphere of illegal immigrants’ forced return;
4.
to support development and implementation of voluntary return and
reintegration activities;
5
5.
6.
7.
8.
9.
10.
11.
to promote cooperation among authorities involved in the return sphere in
Latvia and other EU Member states;
to acquire the best practice in return management of other European Union
member states;
to improve the professional qualification of employees of authorities involved
in the return sphere;
to create a Register of persons;
to renovate accommodation centres for apprehended persons and illegal
immigrants;
to obtain the latest information about flow trends of citizens of third countries
through European Union researches;
to create digital archive of cases of illegal immigrants.
Achievement of the mentioned tasks is necessary for improved Latvian integrated
return system to be in accordance with Community return standards that are stated in
Directive of the European Parliament and of the Council on common standards and
procedures in member states for returning illegally staying third-country nationals
(Directive 2008/115/EC of 16 December 2008).
6
2. STRATEGY TO ACHIEVE THE OBJECTIVES
In this part the strategy of Latvia are described according to the approved
Multi-Annual Programme (EC Decision (C2008)8798 of 22nd December 2008)
the current situation and strategic guidelines of the Fund adopted by the EC (EC
Decision 2007/837/EC of 30 November 2007).
Priority 1: Support for the gradual establishment of the common integrated
border management system as regards checks on persons and the surveillance of
the external borders
Within the 1st Priority, Latvia planned to implement 3 aforementioned operational
objectives of its set objectives.
Objective No.1
to create strategic approach of Latvia to unified return
management, including development of integrated return plan
In order to enact fair and effective joint standards of return it was necessary to
develop a joint integrated plan about development of return system.
At the moment no project within the framework of this objective is
implemented.
Objective No. 3
to improve and support sphere of illegal immigrants’ forced
return
It is necessary to provide support for organisation and improvement of the
sphere of illegal immigrants’ forced return that will facilitate development of return
policy in Latvia in line with European Union standards. Due to the current situation it
is also important for Latvia to participate in operations organised by FRONTEX
Agency that are aimed at improvement of forced return sphere. It is essential to
implement definite standards and international requirements within the sphere of
return management. In order to improve and support sphere of illegal immigrants’
forced return it was necessary to create and develop digital archive of cases of illegal
immigrants.
Objective No. 4
to support development and implementation of voluntary return
and reintegration activities
Due to the insignificant number of illegal immigrants and asylum seekers,
Latvia did not carry out systematic voluntary return activities and has not developed
system of voluntary return, as well as system for monitoring and follow-up after
voluntary return. In the view of the above-mentioned it was necessary to evaluate
possibilities and experience of other countries in voluntary return and reintegration
matters, and afterwards develop and implement voluntary return and reintegration
programmes. Development and implementation of voluntary return programme and
reintegration activities will be an innovative solution for Latvia, and will be applied in
long-term perspective
Priority 2: Support for the development and implementation of the national
components of a European Surveillance System for the external borders and of a
permanent European Patrol Network at the southern maritime borders of the
EU Member States
Within the 2nd Priority, Latvia planned to implement one of its aforementioned
operational objectives.
7
Objective No.5
to promote cooperation in the return management sphere of
authorities involved in the return sphere
Latvia needed to get involved in removal activities and operations organised
by FRONTEX Agency to improve cooperation and carry out return procedures.
Participation in joint return operations could reduce administrative and financial
burden in return management sphere. It was also necessary to strengthen cooperation
of employees of competent state institutions with consular departments and
immigration services of third countries in order to cooperate in collecting information
about the country of origin or previous state of residence.
At the moment State Border Guard of Latvia did not have possibility to realise
joint return operations in collaboration with FRONTEX Agency. All forced return
operations were organised just by State Border Guard and covered within 1st Priority.
Priority 3: Support for the issuing of visas and the tackling of illegal
immigration, including the detection of false or falsified documents by enhancing
the activities organised by the consular and other services of the Member States
in third countries
N/A
Priority 4: Support for the establishment of IT systems required for the
implementation of the Community legal instruments in the field of external
borders and visas
Within the 4th Priority, Latvia planned to implement its 2 operational objectives set
forth.
Objective No.6
to acquire the best practice in return management of other
European Union member states
Considering the predicted increase of illegal immigration pressure, it is
necessary prepare for potential future developments by looking upon experience of
other countries in the sphere of integrated return management
Objective No. 7
to improve the professional qualification of employees of
authorities involved in the return sphere
It is necessary to improve the qualification of employees involved in the return
sphere, in order for them to be prepared for work with legal and practical aspects of
return procedures. For this purpose, it is necessary to organise training courses,
seminars and experience exchange visits. Language skills of employees of competent
state institutions are also relatively poor (except for Russian), which is verified by
Schengen evaluation reports that indicate poor knowledge of foreign languages.
Priority 5: Support for effective and efficient application of relevant Community
legal instruments in the field of external borders and visas, in particular the
Schengen Borders Code and the European Code on Visas
N/A
8
Finally, list the most important indicators set out in Part 3 of the Multi-Annual
Programme 2008-2013 and the corresponding quantified/qualitative targets,
broken down by Priority :
Priority 1




Effective and better-coordinated return policy in Latvia;
Forced return operations are successfully organised in Latvia;
Digital archive of cases of illegal immigrants is created and developed;
Voluntary return programmes and reintegration activities are initiated and
successfully carried out in Latvia;
 Support is provided to returnees before their return to country of origin
(information, material support)
 Accumulation of required data on issued voluntary return and forced return
decisions is improved;
 Conditions of the accomodation of detained illegal immigrants are improved.
Priority 2
 Ensured successful involvement of competent institutions in activities of European
Union;
 Improve professionalism of the officials of the State Border Guard in area of
return;
 Improve cooperation with the officials of the competent authorities.
Priority 3
N/A
Priority 4


Obtained knowledge and other valuable information about the best practice of
other countries in the return management sphere;
Facilitation of work and improvement of effectiveness of competent employees.
Priority 5
N/A
9
Part II
SUMMARY OF THE ANNUAL PROGRAMMES
2008 AND 2009
(excluding Technical Assistance measures and Information and Publicity)
1.
Summary of Actions under Priority 1 in the annual programmes, 2008, 2009
Actions to be implemented under the "awarding body" mode
Action 1.1. ”Development of unified integrated plan about creation of return
system”
The aim of this action was to carry out research on current situation in return
management sphere and developed integrated management models best suited for
Latvia.
The action was not implemented due to the fact that within the open call for proposals
there was approved no project application.
Action 1.3. “Support for development and implementation of voluntary return
programmes”
The aim of this action is to carry out research on current situation in the sphere of
voluntary return and develop models for voluntary return best suited for Latvia as
well as implement voluntary return system.
Action 1.4. “Support for development and implementation of reintegration
activities”
The aim of this action is to carry out research on requirements of reintegration
activities and develop models for reintegration best suited for Latvia as well as test
developed models in practice in order to measure their effectiveness. It was also
planned to realise return of returnees through reintegration activities that are
considered to be the integral part of voluntary return that will motivate the potential
returnees to use this chance.
Given measures are necessary in order to start functioning of reintegration system in
Latvia, according to regulations of EU, that in its turn will reduce the illegal
immigration in the future and will give an opportunity to the returnees when returning
to their countries of origin to be to able to provide themselves.
Actions to be implemented under the "executing body" mode
Action 1.2.1. “Support for organisation and improvement of forced return
activities”
The main aim of this action is to organise forced return operations and its directly
connected to support organisation of forced return activities.
10
Action 1.2.2. “Creation and development of digital archive of cases of illegal
immigrants”
The aim of this action is to strengthen administrative capacity of the Office of
Citizenship and Migration Affairs in order to provide fast decision making procedure
and appropriate data handling security in the field of return by establishing digital
documents file archive about persons who have contravened the conditions of
immigration and residence permit.
In order to achieve set aim there will be implemented multi-annual action, in the time
period from Annual Programme 2009 till Annual Programme 2013.
Digital archive will be integrated in Common Migration Information System and it
will be possible to use it in other institutions of Latvia, such as State Border Guard,
State Police, Foreign and Consular Service etc.
2.
Summary of Actions under Priority 2 in the annual programmes, 2008, 2009
Actions to be implemented under the "awarding body" mode
Action 2.2. “Consolidation of cooperation of employees involved in the return
sphere with consular institutions and immigration services of third countries”
The aim of this action is to organise experience exchange visits and seminars for
employees involved in the return sphere in order to improve cooperation with third
countries. As a result of implementation of this action it is planned to exchange with
experience and to use information gained in the result of risk analysis with purpose to
combat illegal immigration from appropriate third countries. The goal of this action is
to activate mutual information exchange and effective collaboration with appropriate
services involved in return management sphere of third countries. Within action 2.2. it
is planned to organise seminars and experience exchange visits.
Actions to be implemented under the "executing body" mode
Action 2.1. “Participation of employees of state institutions involved in the return
sphere in forced return activities and operation organised by FRONTEX and
European Union member states”
The aim of this action was to organise participation of employees of state institutions
involved in the return sphere in forced return activities and operation organised by
FRONTEX and European Union member states in order to realise forced return of
illegal migrants to country of their origin, obtain needed experience, as well as
practical skills in sphere of return of illegal immigrants by joint forced return
measures.
Until the end of 2007 there were no actions of such kind implemented. Support of this
action is important because participation in joint return operations will reduce
administrative and financial burden in forced return management sphere.
Unfourtenately within the implementation period of the AP 2008 there were no
FRONTEX Agency organised forced return activities where Latvia could participate
until 30th June 2010. Considering the need of the State Border Guard of Latvia to

Within Annual Programme 2008 this action was implemented in "awarding body" mode, but
within Annual Programme 2009 – in "executing body" mode. Respective justification is
provided within Annual Programme 2009.
11
perform forced return operations Management Committee of the Fund decided to
introduce a new action 1.2.1. in the revised version of the AP 2008.
Action 2.2. “Improving cooperation among the structures involved in return
management, thus ensuring access to quality data”
The aim of this action is to eliminate any obstacles in the return process of persons
and improve the exchange of information with other Member States.
As a result, the return process will be improved, and it will be attained that the
agencies involved in return process have access to precise and unified information on
the status of a person, thus facilitating unimpeded and unobstructed return of persons
to their country of origin.
In order to achieve the aim of this action, it is necessary to examine the existing data
and develop recommendations on improving the processes of the exchange of data
and on ensuring efficiency and quality. This, in case of need, would allow immediate
updating of information in the Schengen Information System, when the information
has already been updated into the National Entry Ban Database, thus guaranteeing
unified information in both databases and decreasing mistake risk of the human
factor.
3.
N/A
Summary of Actions under Priority 3 in the annual programmes, 2008, 2009
4.
Summary of Actions under Priority 4 in the annual programmes 2008, 2009
Actions to be implemented under the "awarding body" mode
Action 4.1. “Organisation of seminars/visits for employees of competent
institutions regarding best practice in the sphere of return management”
The aim of this action is to organise seminars and visits for obtaining of best practice
of EU Member States in the sphere of return management in order to observe practice
of these countries in issues of integrated return management. Implementation of
action 4.1. will allow to be prepared for potential future development possibilities.
Within this action it is planned to organise seminars, invite foreign experts in the
sphere of identification of illegal immigrants in order to be able depending on a case
to perform return or forced return of these persons.
Action 4.2. “Seminars, education and training of employees involved in return
process, regarding legal and practical aspects of return activities”
The aim of this action is to organise training of employees involved in return process,
regarding legal and practical aspects of return activities.
Previously there was organised participation only in international foreign training
project regarding return sphere. It was EU-financed ARGO programme training
project “Training on forced return measure by airlifting” organized by Netherlands in
2005. The training gave practical knowledge of organisation of removal actions and

Within Annual Programme 2008 this action was implemented in "awarding body" mode, but
within Annual Programme 2009 – in "executing body" mode. Respective justification is
provided within Annual Programme 2009.
12
experience of communication with authorities of target countries, as well important
information for direct work with illegal immigrants uncommon for Latvia. Officials of
State Border Guard Main Board Immigration Board and State Border Guard Riga
Board Immigration Service attended this training project that consisted of theoretical
and practical parts.
Action 4.3. “Language courses for employees involved in the return sphere
(English, French and Spanish, perhaps, also Arabic)”
The aim of this action is to organise foreign language studies of employees involved
in return process. Enhancement of language skills will ensure more qualified
interviewing of foreigners, as well as will facilitate international collaboration in
immigration sphere.
Previously there were organised foreign language studies mostly oriented on
development of English level skills. Such studies were organised within
implementation of Schengen Facility programme.
Nevertheless current situation still proves that knowledge level of foreign languages
should be improved. That is why within framework of action 4.3. there is planned to
organise studies of following languages – English, French and Spanish, perhaps, also
Arabic.
Actions to be implemented under the "executing body" mode
Action 4.2. “Seminars, education and training of employees of state institutions
involved in return process, regarding legal and practical aspects of return
activities”
The aim of this action is to promote development in return area in order to improve
the professional level of employees involved in return sphere and to apply the best
return systems models of European Union Member States.
Within framework of this action it is planned to carry out different seminars on
experience exchange for officers of the State Border Guard of Latvia on best practices
in the management of return in Poland.
As benefits of implementation of this action could be named obtaining of best practice
of Member States in the field of illegal immigrants return and forced return as well as
implementation of readmission treaty; obtaining of best practice of Member States in
the field of processing of return documentation, in the case of airlines information;
obtaining of best practice of the actions connected to escort of Third-countries
national.
Action 4.3. “Language courses for employees of state institutions involved in the
return sphere (English, French and Spanish, perhaps, also Arabic)”
The aim of this action is to organise foreign language courses for employees
involved in return sphere. Improvement of language skills will ensure more qualified
work approach, facilitate international collaboration in immigration sphere, ensure
faster obtaining of information about the illegal travellers, as well as improve work

Within Annual Programme 2008 this action was implemented in "awarding body" mode, but
within Annual Programme 2009 – in "executing body" mode. Respective justification is
provided within Annual Programme 2009.
13
with foreign institutions, practice in the identification of illegal immigrants,
negotiations, and quality of execution of documentation.
5.
N/A
Summary of Actions under Priority 5 in the annual programmes 2008, 2009
6.
Any significant change to the Actions of the programmes over the period from
2008 to 2009 (revisions of Annual programmes and revisions of the financial
breakdown lower than 10%)
The Annual Programme 2008 for the European Return Fund was revised twice.
First revision of the programme was initiated due to the situation that within the
framework of the action 1.1.“Development of unified integrated plan about creation
of return system” there has been approved no project application.
Within the framework of the action 1.3.“Support for development and implementation
of voluntary return programmes”, action 1.4.“Support for development and
implementation of reintegration activities”, action 2.2.“Consolidation of cooperation
of employees involved in the return sphere with consular institutions and immigration
services of third countries” and action 4.2. “Seminars, education and training of
employees of state institutions involved in return process, regarding legal and
practical aspects of return activities” there have been approved the project
applications whereby financing was below the sums announced in accordance with
the Open Call for proposals.
Considering the above mentioned, the available financing was reallocated to the
action 2.1.“Participation of employees of state institutions involved in the return
sphere in forced return activities and operation organised by FRONTEX”, action
4.1.“Organisation of seminars/visits for employees of competent institutions regarding
best practice in the sphere of return management” and action 4.3.“Language courses
for employees of state institutions involved in the return sphere (English, French and
Spanish, perhaps, also Arabic)” according to decision made by the Management
Committee of the Fund.
Second revision of the programme was initiated due to the fact that the State Border
Guard as authority responsible for implementation of the project No. EAF/2008/1
“Participation of employees of state institutions involved in the return sphere in forced
return activity and operation organised by FRONTEX and European Union member
states” within framework of Action 2.1. of Annual Programme 2008, informed the
Responsible Authority that during the period of the implementation of the 2008
Annual Programme there was no FRONTEX organised forced return activity and
FRONTEX agency is not planning any forced return operation where Latvia could
participate until the end of the eligibility period (30th June 2010).. Following the
situation and taking into account that the need arose for the State Border Guard to
perform forced return operations, the State Border Guard proposed to organise forced
return activities foreseen within action 1.2. “Support for development, organisation
and improvement of forced return activities, including those in collaboration with
FRONTEX agency” of the Multi-Annual Programme of the Fund. In the view of the
above-mentioned situation in the revised version of 2008 Annual programme a new
action 1.2.1. “Support for organisation and improvement of forced return activities”
was introduced.
14
Additionally following the implementation of the projects approved within the Annual
Programme 2008 some savings had occurred. By the decision of the Management
Committee of the Fund the savings in amount of 51 596 EUR were reallocated to the
action 1.2.1. “Support for organisation and improvement of forced return activities”.
The Annual Programme 2009 for the European Return Fund was revised
considering the following. First, Action 2.1. “Participation of employees of state
institutions involved in the return sphere in forced return activities and operation
organised by FRONTEX and European Union member states” was eliminated from
the list of actions under implementation of the Annual Programme 2009. Financial
resources of the Action 2.1. amounting 60 000 EUR were reallocated to the Action
1.2.1. “Support for organisation and improvement of forced return activities”. Second,
it is planned to join together measures and financial resources foreseen within Action
4.1. “Organisation of seminars/visits for employees of competent institutions
regarding best practice in the sphere of return management” and Action 4.2.
“Seminars, education and training of employees involved in return process, regarding
legal and practical aspects of return activities”.
15
Part III
IMPLEMENTATION OF THE PROGRAMMES IN THE "AWARDING
BODY" MODE
Did you implement the 2008 and 2009 programmes in the "awarding body" mode (as
defined in Article 7 (2) of Commission Decision 2008/458/EC of 5.3.2008 - the
European Return Fund Implementing Rules), at least for part of the programmes?
Yes/No:
Yes
If Yes, fill in this part.
If No, do not fill in Part III and go to Part IV (Implementation of the programmes in
the executing body mode).
III.l -
Share of the overall EU contribution to the
programmes granted in the "awarding body" mode from 2008 to 2009
For each programme year from 2008 to 2009, enter the share of the overall EU
contribution to the programme (excluding the EU contribution for technical
assistance) which was granted in the "awarding body" mode (in percentage, no
decimal).
- Programme 2008:
75%
- Programme 2009:
III.2 -
75%
Calls for proposals
For each programme year from 2008 to 2009, please provide the number and calls for
proposals organised for the implementation of the annual programmes in the
"awarding body" mode.
- Programme 2008: 1
- Programme 2009:
1
III.3 - Proposals received, selected and funded after calls for
proposals
Number of
Proposals received
Projects selected
Projects funded
Programme
2008
5
5
5
Programme
2009*
0
0
0
TOTAL 20082009**
5
5
5
16
* The deadline for submission of project applications within call for proposals in the
"awarding body" mode is 7th July 2010 and at the cut-off date of the report no project
application have been received.
** This number is foreseen to change following the closure of the open call for
proposals in the "awarding body" mode.
Have all projects selected for funding after calls for proposals been funded?
Yes/No:
Yes (Annual Programme 2008)
If No, explain why:
N/A
III.4 - Projects funded in the "awarding body" mode without a
call for proposals
N/A
III.5 -
Total number of projects funded in the "awarding
body" mode in the programmes 2008 and 2009
Number of. . .
Projects funded after
calls for proposals (see
table III.3)
Projects funded without
a call for proposals (see
table III.4)
TOTAL Projects funded
in the "awarding body"
mode
Programme
Programme
2008
2009*
TOTAL 20082009**
5
0
5
0
0
0
5
0
5
* Open call for proposals is under the process. It is foreseen that evaluation of the
submitted projects will last approximately 3 months, and if project applications will
correspond to evaluation criteria, projects will be approved and grant agreements (or
similar agreements with Competent Authorities) will be signed.
** This number will change after approval of project within call for proposals in the
"awarding body" mode.
17
Part IV
IMPLEMENTATION OF THE PROGRAMMES IN THE "EXECUTING
BODY" MODE
Did you implement the 2008 and 2009 programmes in the "executing body" mode (as
defined in Article 8 of Commission Decision 2008/458/EC of 5.3.2008 - the European
Return Fund Implementing Rules), at least for part of the programmes?
Yes/No:
Yes
If Yes, fill in this section
If No, do not fill in Part IV and go to Part V (Summary description of the projects
funded in the "awarding body mode" and in the "executing body" mode, 2008 through
2009).
IV.l - Share of the overall EU contribution to the programmes granted in the
"executing body" mode from 2008 to 2009
For each programme year from 2008 to 2009, enter the share of the overall EU
contribution to the programme (excluding the EU contribution for technical
assistance) which was granted in the "executing body" mode (in percentage, no
decimal).
- Programme 2008:
75 %
- Programme 2009:
75 %
IV.2 - Calls for expression of interest or for proposals or similar selection
method
For each programme year from 2008 to 2009, please provide the number of calls for
expression of interest or for proposals or similar organised for the implementation of
the yearly RF programmes in the "executing body" mode
- Programme 2008: 1
- Programme 2009:
2
IV.3 - Proposals received, selected and funded after calls for expression of
interest, call for proposals or similar selection method in the "executing body"
mode
Number of...
Proposals received
Projects selected
Programme 2008
1
1
Programme
2009*
4
0
TOTAL 20082009**
5
1
18
Projects funded
1
0
1
* At the cut-off date of the report project applications within call for proposals in
the „executing body” mode have been received and project evaluation procedure have
been launched. After evaluation results there will be known number of selected and
funded projects.
** This number will change after evaluation and approval of received project
applications within call for proposals in the "executing body" mode.
Have all projects selected for funding after calls for expression of interest, call for
proposals, or similar been funded?
Yes/No:
Yes
- If No, explain why :
N/A
IV.4 -
Projects funded in the "executing body" mode without a call for for
expression of interest or for proposals or similar
N/A
IV.5 - Total number of projects funded in the "executing body" mode in the
programmes 2008 and 2009
Number of...
Projects funded after calls
for expression of interest,
calls for proposals, or
similar selection
method(see table IV.3)
Projects funded without
such calls (see table IV.4)
TOTAL Projects funded
in the "executing body"
mode
Programme
2008
Programme
2009*
TOTAL 20082009**
1
0
1
0
0
0
1
0
1
*Afterwards project evaluation will take place and it is foreseen that evaluation of the
submitted projects will last approximately 3 months, and if project applications will
correspond to evaluation criteria, projects will be approved and grant agreements (or
similar agreements with Competent Authorities) will be signed.
** This number will change after approval of project within call for proposals in the
"awarding body" mode.
19
Part V
SUMMARY DESCRIPTION OF THE PROJECTS FUNDED IN THE
"AWARDING BODY" MODE AND IN THE "EXECUTING BODY" MODE
2008 – 2009
1. Summary description of the projects funded under Priority 1 in the
annual programmes, 2008 through 2009
In the "awarding body" mode
Within the framework of the AP 2008 the following project was approved:
No.EAF/2008/6 Preparation of return and reintegration system in Latvia
The project foresees development of return and reintegration system in Latvian, and it
is part of a complex of measures which are planned to be implemented during 2009
with the aim to increase the efficiency of relevant authorities of Latvia in issues of
return by increasing employees' skills and improving their cooperation with
responsible services of other countries. The project will provide development of
return system policy in line with Latvian national interests, by identifying the
situation and then developing management models regarding return issues, especially
the voluntary return and reintegration.
Within framework of 2008 Annual Programme there was open call for proposals
where several actions were announced. Within open call for proposals there were
identified strands corresponding to each of the actions and thus allowing an applicant
to answer one, several or all of the strands. Thus project No.EAF/2008/6 corresponds
to Actions 1.3, 1.4., 2.2. and 4.1.
In the "executing body" mode
N/A
2. Summary description of the projects funded under Priority 2 in the
"executing body" mode in the annual programmes, 2008 through 2009
In the "awarding body" mode
N/A
In the "executing body" mode
Within the framework of the AP 2008 the following project was approved:
No.EAF/2008/1 Participation of employees of state institutions involved in the return
sphere in forced return activity and operation organised by FRONTEX and European
Union member states
The aim of the project is to raise administrative capacity of the authority responsible
for immigration control and illegal immigrants return, by providing it with the
necessary highly skilled and trained staff who are trained in accordance with the
specific requirements of the direct service duties.
Within the project illegal immigrants return measures (approximately 8 operations)
will be organized in the framework of 2009, and as a result it is planned to improve
professional skills and abilities of 11 the State Border Guard officials.
20
3. Summary description of the projects funded under Priority 3 in the
annual programmes, 2008 through 2009
N/A
4. Summary description of the projects funded under Priority 4 in the annual
programmes, 2008 through 2009
In the "awarding body" mode
Within the framework of the AP 2008 the following project were approved:
No.EAF/2008/2 Experience exchange on best practice in the return management
sphere
Within the project it is planned participation of the State Border Guard Immigration
structural unit officials in foreign experience exchange seminar on best practices in
return of illegal immigrants.
The aim of the project is to raise administrative capacity of the authority responsible
for immigration control and illegal immigrants return, by providing it with the
necessary highly skilled and trained staff who are trained in accordance with the
specific requirements of the direct service duties.
Within the project experience exchange visit will be organized in the framework of
2009, and as a result it is planned to improve professional skills and abilities of 16 the
State Border Guard officials.
No.EAF/2008/3 Foreign language studies for State Boarder guards
The aim of the project is to raise administrative capacity of the authority responsible
for immigration control and illegal immigrants return, by providing it with the
necessary highly skilled and trained staff who are trained in accordance with the
specific requirements of the direct service duties.
For this purpose within the project in 2009 there will be organized foreign language
studies in Latvia and abroad (England, France and Spain) for 20 State Border Guard
officials.
No.EAF/2008/4 Training of employees of the Office of Citizenship and Migration
Affairs
The aim of the project is to promote cooperation with services of other countries in
order to reduce the receipt of the information and decision-making period for persons
who have violated conditions of entry and residence conditions. This will be achieved
through English language training for staff of the OCMA, which is involved in
solution of return issues of illegally travelling persons. In general, there will be
achieved that in a shorter period of time there will be possible to take high quality
decisions on persons who have violated conditions of entry and residence conditions,
facilitating return of these persons to countries of their origin.
No.EAF/2008/5 Seminars regarding legal and practical aspects of return activities
The aim of the project is to raise administrative capacity of the authority responsible
for immigration control and illegal immigrants return, by providing it with the
necessary highly skilled and trained staff that is trained in accordance with the
specific requirements of the direct service duties.
21
For this purpose within in the State Border Guard College (Rēzekne, Latvia) there
will be organized 2 seminars regarding return sphere with involving of experts from
Slovenia, Sweden, Finland, the Netherlands, Czech Republic, Poland and Denmark.
In the "executing body" mode
N/A
5. Summary description of the projects funded under Priority 5 in the
annual programmes, 2008 through 2009
N/A
6. Summary description of the projects funded in the "awarding body"
mode without a call for proposals, in the annual programmes 2008
through 2009
N/A
7. Summary description of the projects funded in the "executing body "
mode without a call for expression of interest, a call for proposals or
similar selection method, in the annual programmes 2008 through 2009
N/A
8. Explain any significant change to the distribution of the projects funded
in the "awarding body" mode, by Priority and by Specific Priority, over
the period from 2008 to 2009
When comparing projects funded under the “awarding body method” in AP2008
with projects funded under the “awarding body method” in AP2009 there is (almost)
the same number of projects under each of the priorities and each of the sub priorities.
Within the framework of AP 2008 the following actions were funded in the
awarding body mode: 1.1., 1.3., 1.4., 2.2., 4.1., 4.2., 4.3. No applicant aplied for the
implementation of the action 1.1.
Within the framework of AP 2009 the following actions were implemented in the
awarding body mode: 1.3. and 1.4. The rest actions were funded in the executing body
mode. The funding was allocated for the actions implemented by the State Border
Guard and the Office of Citizenship and Migration Affairs.
9. Explain any significant change to the distribution of the projects funded
in the "executing body" mode, by Priority and by Specific Priority, over
the period from 2008 to 2009
In the project No.EAF/2008/1 “Participation of employees of state institutions
involved in the return sphere in forced return activity and operation organised by
FRONTEX and European Union member states” within framework of the Action 2.1.
of the Priority 2 of the Annual Programme 2008, occurred the situation that during the
period of the implementation of the 2008 Annual Programme (until 30th June 2010)
there were no FRONTEX organised forced return activities where Latvia could
participate (see description provided in the Point 6 of the Part 2 of the report).
22
In the view of mentioned, the project No.EAF/2008/1 “Participation of employees
of state institutions involved in the return sphere in forced return activity and
operation organised by FRONTEX and European Union member states” was shifted
under the Action 1.2.1 “Support for organisation and improvement of forced return
activities”.
In addition, following the implementation of the projects approved within the
Annual Programme 2008 some savings have occurred. By the decision of the
Management Committee of the Fund the savings in amount of 51 596 EUR have been
reallocated to the project No.EAF/2008/1 ”Participation of employees of state
institutions involved in the return sphere in forced return activity and operation
organised by FRONTEX and European Union member states” within the Action
1.2.1. under Priority 1.
4.1.action ”Organization of seminars/visits for employees of competent
institutions regarding best practice in the sphere of return activities” under Priority 4,
was combined with the 4.2.action „Seminars, education and training of employees
involved in return process, regarding legal and practical aspects of return activities”.
As a result, 4.1.action “Seminars, education and training of employees of state
institutions involved in return process, regarding legal and practical aspects of return
activities” was developed and included in the AP 2009.
The actions were combined in order to improve and optimize the implementation
of the actions.
10. Highlight any significant change (other than the distribution referred
to under points 7 and 8) to the projects funded in the "awarding
body" and "executing body" mode over the period from 2008 to 2009
N/A
11. Important projects funded in the annual programmes over the period
from 2008 to 2009
2008 Annual Programme
Project No.EAF/2008/1 “Participation of employees of state institutions involved in
the return sphere in forced return activity and operation organised by FRONTEX and
European Union member states”
The aim of the project is to raise administrative capacity of the authorities responsible
for immigration control and illegal immigrants return, providing it with the necessary
highly skilled and trained staff that is trained according to the specific requirements
the direct service duties. In the framework of the project there was planned
participation of employees of state institutions involved in the return sphere in forced
return operations.
Project No. EAF/2008/2 „Experience Exchange on best practice in the sphere of
return management”
The aim of this Project is to seminars and visits for obtaining of best practice of EU
Member States in the sphere of return management in order to observe practice of
these countries in issues of integrated return management.
2009 Annual Programme
23
Project “Creation and development of digital archive of cases of illegal immigrants”
The aim of this project is to strengthen administrative capacity of the Office of
Citizenship and Migration Affairs in order to provide fast decision making procedure
and appropriate data handling security in the field of return, to establish digital
documents file archive about persons who have contravened the conditions of
immigration and residence permit. As this digital archive will be integrated in
Common Migration Information System, it will be possible to use it also in other
institutions of Latvia, such as State Border Guard, State Police, Foreign and Consular
Service etc.
Project “Support for organisation and improvement of forced return activities”
The aim of this Project is to perform forced return operations as well as aggregate
information on illegal immigration from the Third-countries, to facilitate the decrease
of pressure of illegal immigration of EU member states.
12.
Description of one "success story", among all the projects funded in
the annual programmes over the period from 2008 to 2009
Due to careful and well balanced programming, all the projects funded in the annual
programmes are successful.
Within the framework of the AP 2008 the following project were approved:
No.EAF/2008/4 Training of employees of the Office of Citizenship and Migration
Affairs. The aim of the project was to promote cooperation with services of other
countries in order to reduce the receipt of the information and decision-making period
for persons who have violated conditions of entry and residence conditions. It was
achieved through English language training for staff of the OCMA, that are involved
in solution of return issues of illegally travelling persons. In general, it was achieved
that in a shorter period of time it would be possible to take high quality decisions on
persons who have violated conditions of entry and residence conditions, facilitating
return of these persons to countries of their origin.
13.
Description of one "failure", among all the projects funded in the
annual programmes over the period from 2008 to 2009
Due to the global financial crisis, as well as following national budget constraints,
there was a risk that some of the projects could not be possible to implement.
However, Latvian government secured the necessary financial resources to ensure
smooth implementation of the annual programmes.
Part VI
24
TECHNICAL ASSISTANCE
INFORMATION AND PUBLICITY
1.
Technical assistance
Implementation of the following activities has been provided by technical assistance
financing available to the Responsible Authority within the framework of the Fund:

bearing of remuneration and travel expenditures for Responsible Authority
employees;

evaluation of Project applications received within the framework of the Annual
Programme 2007/2008, bearing remuneration costs of Project application
Evaluation Commission members. To provide for the aforesaid the Responsible
Authority concluded management contracts with Project application Evaluation
Commission members on additional responsibilities performed within the Project
application Evaluation Commission;

annual publicity campaign, wherewith the potential beneficiaries of financing
were presented with the Fund planning documentation, supported priorities and
activities, as well as information about the Fund compliance provisions and the
Project selection procedure;

quality preparation of documentation related to implementation of the Fund using
service of translation agencies.
2.
Information and Publicity
- Information and publicity activities by the Responsible Authority
The Responsible Authority has drafted guidelines for publicity and visual identity
measures, which include requirements for Competent Authorities on publicity and
visual identity measures to be taken depending on specifics of the project. The main
examples - information boards, labels on the acquired equipment, posters in the
training premises and Fund logo on the training materials, information and
communication material, information events, websites and press releases.
According to the requirements of Article 33 (2)(a) of the implementing rules the
Responsible Authority has organized 2 annual information activities (01.08.2008. and
28.05.2010.) with participation of the institutions involved in the implementation of
the Fund with aim to give the information on the launch of multiannual programme,
the actions set for receiving financing within the Fund, the amount of financing
allocated for implementation of the actions; information on the annual programmes
regarding the actions to be supported from within the framework of annual
programme concerned and also the information on the achievements of the
implementation of the previous annual programme. The expenditure related to the
annual information activity will be covered from the financial means of the technical
assistance.
25
Also the names of the Final beneficiaries of the Fund as well as the names of the
Competent Authorities, names of the approved projects as well as the information on
the Union funding and public funding allocated to implementation of the approved
projects was published in the official home page of the Responsible Authority
according to the requirements of Article 33 (2)(b) of the implementing rules.
- Information and publicity activities by the final beneficiaries
Project
Information and
publicity
activities
No.EAF/2008/1 „Participation of employees of state
institutions involved in the return sphere in forced return
activity and operation organised by FRONTEX and European
Union member states”
-
No.EAF/2008/2 „Experience exchange on best practice in the
return management sphere”
No.EAF/2008/3 „Foreign language studies for State Boarder
guards”
No.EAF/2008/4 „Training of employees of the Office of
Citizenship and Migration Affairs”
No.EAF/2008/5 „Seminars regarding legal and practical
aspects of return activities”
No.EAF/2008/6 „Preparation of return and reintegration
system in Latvia”
Seminar handouts
Information board
Press releases
Information boards
Press releases
Information boards
Press releases
Seminar handouts
Information boards
Press releases
Research paper
Booklets
Information boards
Press release
Part VII
ASSESSMENT OF IMPLEMENTATION OF THE ANNUAL PROGRAMMES
26
2008 AND 2009
VII.1 Assessment of the implementation of the 2008 Annual
Programme
1. Has the 2008 programme been implemented as originally planned and broadly
in line with the programme schedule?
On the whole the Annual Programme 2008 has been implemented as originally
planned. Nevertheless the programme was revised twice due to such changes as results of the open call for proposals, savings within approved projects and shifting of
one project under a different Priority.
2 . Have you encountered problems on implementation of the 2008 annual
programme? If so, what measures did you take?
All in all no major problems have been encountered while implementing the Annual
Programme 2008. If problems occurred, they were addressed through consultation
process with the Management Committee and Commission’s Desk Officer of the
Fund.
3. Has a revision of the 2008 programme by the Commission been necessary? If
so, what were the main changes?
Yes, there was necessary revision of the Annual Programme 2008 by the
Commission. The programme was revised twice. First revision was necessary due to
the results of the open call for proposals. Second revision took place because of the
savings within approved projects and its reallocation to another action as well as
shifting of one project under a different Priority (See detailed description in the Point
6 of the Part 2 of the report).
4. Have you implemented the 2008 programme (the case being, the revised
programme) fully? (= all or nearly all actions set out in the programme approved
by the Commission, or in the revised programme approved by the Commission,
could be implemented by the end of this programme)
The revised Annual Programme 2008 can be considered as fully implemented. The
end of the eligibility period is 30th June 2010.
5. Have the expected quantitative and qualitative results of the 2008 programme
-as set out in the programme / revised programme approved by the Commission
-been achieved at the end of this programme?
Yes, generally the expected quantitative and qualitative results of the Annual
programme 2008 as set out in the revised programme approved by the Commission
are achieved at the end of the programme.
6. In the light of the implementation of the 2008 programme, do you consider
that the distribution of funding between the actions was appropriate? Were the
actions set out in the programme you submitted to the Commission appropriate?
On the whole distributions of funding between the actions as also actions set out in
the programme submitted to the Commission were appropriate. There have also been
minor changes that are reflected in the revised versions (No.1 and No.2) of the Annual
Programme 2008 (See detailed description in the Point 6 of the Part 2 of the report).
27
VII.2.
Assessment of the implementation of the 2009 Annual
Programme
1. Has the 2009 programme been implemented as originally planned and broadly
in line with the programme schedule?
The Annual Programme 2009 is under implementation at the cut-off date of the
report. By now it is being implemented as originally planned. Nevertheless the revised
version of the programme is being prepared at the moment due to elimination of one
action from the list of actions under implementation as well as joining of two actions
in one.
2 . Have you encountered problems on implementation of the 2009 annual
programme? If so, what measures did you take?
At the moment no major problems have been encountered while implementing the
programme. If problems occurred, they were addressed through consultation process
with the Management Committee and Commission’s Desk Officer of the Fund.
3. Has a revision of the 2009 programme by the Commission been necessary? If
so, what were the main changes?
Currently the revised version of the programme is being prepared due to elimination
of one action from the list of actions under implementation as well as joining of two
actions in one (See detailed description in the Point 6 of the Part 2 of the report).
4. Have you implemented the 2009 programme (the case being, the revised
programme) fully? (= all or nearly all actions set out in the programme approved
by the Commission, or in the revised programme approved by the Commission,
could be implemented by the end of this programme)
The Annual Programme 2009 is under implementation at the cut-off date of the
report. The end of the eligibility period is 30th June 2011.
5. Have the expected quantitative and qualitative results of the 2009 programme
-as set out in the programme / revised programme approved by the Commission
-been achieved at the end of this programme?
The Annual Programme 2009 is under implementation at the cut-off date of the
report. We expect quantitative and qualitative results of the Annual Programme 2009
to be achieved.
6. In the light of the implementation of the 2009 programme, do you consider
that the distribution of funding between the actions was appropriate? Were the
actions set out in the programme you submitted to the Commission appropriate?
The Annual Programme 2009 is under implementation at the cut-off date of the
report. It will be known at end of the eligibility period (30th June 2011), if distribution
of funding between the actions as well as actions set out in the programme submitted
to the Commission were appropriate.
VII.3.
The Management and Control System for the Fund and
the implementation of the Annual Programme 2008
through 2009
28
1.
Has the Management and Control System of the European Return
Fund which you designed in 2008, been efficient for the
implementation of the annual programmes so far?
The Management and Control System of the European Return Fund submitted to the
European Commission on 28th September 2007 was effective and it was applied till 1st
January 2010.
However, in 2009 Law on management of funds established within the framework of
the General programme “Solidarity and Management of Migration Flows” came into
force and reorganisation in the Responsible Authority took place. In the result the
Management and Control System of the European Return Fund was updated and the
revised version of the document submitted to the European Commission on 22nd April
2010.
2.
Please list the changes you have made in the Management and
Control System of the European Return Fund which you designed in
2007-8, bearing in mind the experiences gained/ lessons learned
during the implementation of the annual programmes 2008 - 2009
The list of changes in the revised Management and Control System of the European
Return Fund:
 included reference to the Law on management of funds established within the
framework of the General programme “Solidarity and Management of
Migration Flows” (in force since 29th April 2009), which defines rights and
responsibilities of the authorities involved in management of the funds and
final beneficiaries of the funds, as well as other issues connected to the
management of the funds. In accordance with the point 2 of the Article 6 of
the Law on management of the funds, the Responsible Authority, the Audit
Authority, the Certifying Authority and the Payment Authority, and if
necessary, the Delegated Authority, as well as duties and rights of the above
mentioned authorities are defined by the Cabinet of Ministers;
 perfomed editorial changes in the descriptions regarding the Responsible
Authority, the Certifying Authority and the Audit Authority;
 updated part of the document regarding implementation of technical assistance
project of the Responsible Authority;
 updated part “Monitoring of the projects implemented by the final
beneficiaries” – in the project application there is included logical framework
matrix in which project aims, actions and indicators of successful
implementation of the project applications are defined;
 part “Irregularities, corrections and recoveries” is updated and supplemented
with terms of submission of irregularities ;
 part “Information management” is updated in general, as well as annexes of
the Management and Control System are updated and new annexes with
organization charts are attached.
Part VIII
29
OVERALL ASSESSMENT OF THE RESPONSIBLE AUTHORITY ON THE
IMPLEMENTATION OF THE PROGRAMMES 2008 – 2009
VIII.1
What is your overall assessment of the implementation of the
European Return Fund in your Member State from 2008 to 2009?
At the moment implementation of the actions within the programmes 2008-2009 of
the European Return Fund are in the accordance with provisions of internal and
external normative acts and there are not any relevant deviations identified that could
harm implementation of the objectives in the eligibility terms of programmes.
VIII.2
1.
Taking into account the overall implementation of the European
Return Fund in your Member State from 2008 to 2009, what is your
preliminary assessment in relation to the following aspects of the
European Return Fund on the following aspects?
Relevance of the programme's priorities and actions to the national
situation
Please describe how relevant the programme's objectives are overall to the
problems and needs identified. Has there been an evolution which required a
reshaping of the intervention?
Funds objectives at the EU level are relevant, therefore at the moment the Responsible
Authority do not consider it appropriate to make any changes. In general the
programme’s objectives are developed in accordance with problems and needs
identified in the Multi-Annual programme for the European Return Fund. However
there were following evolutions which required reshaping and intervention:
Introduction of action 1.2.1. “Support for organisation and improvement of forced
return activities” within AP 2008 (detailed description in the Point 6 of the Part 2 of
the report) and shifting of project No.EAF/2008/1 “Participation of employees of state
institutions involved in the return sphere in forced return activity and operation
organised by FRONTEX and European Union member states” from Action 2.1.
„Participation of employees of state institutions involved in the return sphere in forced
return activities and operation organised by FRONTEX and European Union member
states” to the Action 1.2.1. The State Border Guard as authority responsible for
implementation of the project “Participation of employees of state institutions
involved in the return sphere in forced return activities and operation organised by
FRONTEX and European Union member states” within framework of Action 2.1. of
Annual Programme 2008, has officially informed that during the period of the
implementation of the 2008 Annual Programme there is not FRONTEX organised
forced return activities and FRONTEX agency is not planning any forced return
operations where Latvia could participate until 30th June 2010. The need arose for the
State Border Guard to perform forced return operations. Following a situation analysis
the State Border Guard came to the conclusion that the most appropriate would be to
organise forced return activities without involvement of FRONTEX Agency. Such
kind of activities are foreseen within action 1.2. “Support for development,
30
organisation and improvement of forced return activities, including those in
collaboration with FRONTEX agency” of the Multi-Annual Programme of the Fund.
In order to ensure effective implementation of the programme and to achieve the
results and in order to meet the set objectives in the revised version of 2008 annual
programme a new action 1.2.1. “Support for organization and improvement of forced
return activities” was introduced in order to improve and optimize implementation of
the actions.
Introduction within AP 2009 of action 1.2.2. “Creation and development of digital
archive of cases of illegal immigrant”, which is in compliance with Article 4(3) (a)
“enhancement of the capacity of competent authorities to take high quality return
decisions as quickly as possible” of the 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 to 2013 as part of the General Programme “Solidarity and
management of migration flows” and action 1.2. “Support for development,
organisation and improvement of forced return activities, including those in
collaboration with FRONTEX agency” of the Multi-Annual Programme for the
European Return Fund. Earlier this action was not presented in MAP. In the MultiAnnual Programme (p. 22) there are presented main actions to be introduced and
during the development of annual programmes and evaluating actions to be included
in the annual programmes there is possibility to include an additional action among
the already approved actions. Additionally, there are introduced two new indicators
under the section “Indicator according to MAP” in the revised Annual programme
2009. (page 6).
2.
Effectiveness of the programme
Please highlight the key results of the programme overall and the extent to which
the desired results and objectives (as set out in the multiannual programme
strategy) been attained. Are the effects resulting from the intervention consistent
with its objectives?
In the Multi-annual programme there are set the following objectives in Latvia
regarding return management:
1. to create a strategic approach in Latvia in unified return management,
including development of integrated return plan;
2. to bring necessary amendments to Latvian legislation regulating return
conditions and procedures;
3. to improve and support sphere of illegal immigrants’ forced return;
4. to support development and implementation of voluntary return and
reintegration activities;
5. to promote cooperation in return management sphere of authorities
involved in the return sphere;
6. to acquire the best practice in return management of other European Union
member states;
7. to improve the professional qualification of employees of authorities
involved in the return sphere;
8. to create a Register of persons;
9. to improve the readmission agreement sphere;
31
10. to renovate accommodation centres for apprehended persons and illegal
immigrants;
11. to obtain the latest information about flow trends of citizens of third
countries through European Union researches.
During the implementation process of the Annual programmes 2008 – 2009
respective MAP objectives were tackled and activity results achieved with some
minor changes and changes in emphases on needs.
1. While launching both forced return actions , the Responsible Authority
concluded, that it was not appropriate to implement 2 different actions that
in general had 1 goal, because the only difference between two actions was
the method how to manage forced return;
2. As to Action 1.2.2. “Creation and development of digital archive of cases
of illegal immigrants” it will provide continuation for the Transition
Facility project "Improvement of Circulation, Processing and Safekeeping
of Immigration Case Files", which Office of Citizenship and Migration
Affairs implemented from November 2007 to December 2008. This action
will take steps to implement the recommendations regarding data security
set forth in the Action Plan which was developed within the framework of
the above mentioned Transition Facility project." It is planned to include
approximately 25 000 – 30 000 files of persons who are in the archive of
the Office of Citizenship and Migration Affairs. The implementation of the
project within the framework of the Action 1.2.2. (AP 2009) was started in
August 2010, therefore the concrete results will be achieved by June 2011.
3.
Efficiency of the programme
Please estimate the cost of the management of the European Return Fund so far
and whether in your opinion the programme's objectives are being developed at
a reasonable (i.e. planned) cost.
The programme’s objectives are being developed at a reasonable cost taking into
account the economical situation in the given planning period. Of course, deviations
from planned costs are taking place because of the constantly changing and recently
very unstable global economical situation.
Management costs as within the 2008 programme implementation as well as within
the 2009 programme implementation have been and are commensurate and reasonable
without any unsubstantiated raise of costs.
According to the Article 16 2(a) of the Commission 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 to 2013 as part of the General programme “Solidarity
and Management of Migration Flows” and repealing Council Decision 2004/904/EC,
the amount set aside for technical assistance under each annual programme may not
exceed 7% of the total annual amount of co-financing allocated to that Member State
plus 30 000 EUR.
4.
Complementarity
Please indicate any issues you have had with establishing the complementarity
and/or synergies with other programmes and/por EC financial instruments such
32
as the other Funds of the General Programme, the Thematic Programme on
Asylum and Migration and/or the Structural Funds
The national budget of the Republic of Latvia provides funds for direct functioning of
institutions involved in asylum matters, however, it does not provide funds for
development and improvement of these functions. The Fund investment is intended to
be used for improvement of the return sphere in particular.
As to objectives set in the list of operational objectives in chapter 2.2. of the Multiannual programme for the European Return Fund”:
 Objective 8 “To create a Register of persons” – in late 2007, Transition Facility
project “Improvement of Immigration Register Documents’ Circulation,
Processing and Safekeeping” was initiated. It includes preliminary tasks
contributing to development of Register of persons. At the current moment
financial funds are looked for purpose of continuation of this project, but this
objective will not be supported within the Fund;
 Objective 10 “To renovate accommodation centres for apprehended persons and
illegal immigrants” – Latvia plans to fund the renovation of Olaine illegal
immigrants’ accommodation centre and creation of Daugavpils and Vilaka illegal
immigrants’ and asylum seekers’ centres from the national budget until the end of
2011;
 Objectives No.2 “To bring necessary amendments to Latvian legislation
regulating return conditions and procedures”, No.9 “To improve the readmission
agreement sphere” and No.11 “To obtain the latest information about flow trends
of citizens of third countries through European Union researches” are not
supported by now;
 Allocated national budget funding will continue to be used in realisation of 20062009 activities of the Latvian Unified asylum and migration management system
development programme as far as they do not overlap with actions supported from
the Fund.
It is planned to allocate from state budget national co-financing for implementation of
approved actions, as well as for maintenance of established or purchased objects.
Fund financing will not overlap with financing of state budget or other programme of
the European Union, but only provides complementarity.
In order to avoid any possibility for overlapping or double financing, there are
established mechanisms in Latvia that are being applied in the different stages of
management of the Funds – at the planning stage (the Management Committee of the
Fund), project’s selection stage and project’s implementation controlling stage.
Within the framework of the European Return Fund the implementation of some of
the projects launched in other funds is proceeding (follow-up projects). For example,
the action 1.2.2.that was implemented within the framework of RF was previously
launched within the framework of the Transition Facility project “Improvement of
Immigration Register Documents’ Circulation, Processing and Safekeeping”.
Added value
Please indicate how you perceive the programme's added value in comparison
with existing national programmes/policies at national, regional and local level,
and in relation to the national budget in the area of intervention of the European
Return Fund.
5.
33
Taking into account the comparatively new EU requirements which have come to
force with the Directive of the European Parliament and of the Council on common
standards and procedures in member states for returning illegally staying thirdcountry nationals (Directive 2008/115/EC of 16 December 2008), the European
Return Fund has a significant added value to the national programmes and resources
for meeting the respective requirements set in the Directive. With assistance of the
European Return Fund the input of non-governmental organisations towards the
persons and processes involved in the Return field has been significantly
strengthened.
The Fund helps to develop and improve the situation in return sphere in Latvia.
Projects that cover implementation of the voluntary return actions and reintegration
actions are planned and implemented according to the EC policy documents.
VIII.3.
Any suggestions / recommendations for improvements in the
regulatory framework (basic act and implementing rules) and the
Commission guidance documents which would help you to
streamline and improve the annual programming exercise in
general?
On 14th June 2010 in Brussels took place workshop on the possible modifications to
the implementing rules of the four Funds. In the framework of this workshop all
Member states provided its opinions on necessary changes in the Implementation
rules. European Commission plans to update and adopt the document till the end of
this year. Additionally it is planned to update the Manual on the eligibility rules. As
for the Basic act, European Commission foresees inappropriate time-frame for
amending procedures in respect to the General programme “Solidarity and
Management of Migration flows” 2007-2013.
Following the implementation of the funds, the general recomendation for future
programming action would be to aply the best aproach indentified under one fund also
to others. Thus it would be useful if the recommendations would be horizontally
related to all programmes under all Funds, if considered relevant.
VIII.4.
Any suggestions / recommendations for improvements in the
regulatory framework (basic act and implementing rules) and the
Commission guidance documents which would help you to
streamline and improve the implementation of the actions /
projects and the control mechanisms on the actions/ projects?
Please see analysis provided in the point VIII.3 of the Part VIII of this document.
VIII. 5.
Any suggestions / recommendations for improvements in terms of
the guidance and support by the Commission to the Member
States on the implementation of the programming exercise and the
management and control system?
Please see analysis provided in the point VIII.3 of the Part VIII of this document.