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)
30 June 2010
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
1
EVALUATION REPORT ON IMPLEMENTATION OF ACTIONS
CO-FINANCED BY THE RETURN FUND
(Report set out in Article 50(2) (a) of Decision No 575/2007/EC)
Report submitted by the Responsible Authority of: Republic of Bulgaria
International Projects Directorate at the Ministry of the Interior
Responsible Authority for the European Return Fund
Date:
30 June 2010
Name, Signature (authorised representative of the Responsible Authority):
Ivan Sharenkov - Director of the International Projects Directorate and Head of the RA
Name of the contact person (and contact details) for this report in the Member State:
Ivan Sharenkov
Ministry of the Interior
29 Shesti septemvri Str.
Sofia, Bulgaria
Tel.: +359 2 982 26 14
Fax: +359 2 982 28 18
e-mail: isharenkov.14@mvr.bg
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
2
GENERAL INFORMATION TO BE PROVIDED BY THE RESPONSIBLE
AUTHORITY ON EVALUATION EXPERTISE AND ON METHODOLOGY
- Did you have recourse to evaluation expertise to prepare this report?
No. The report is prepared by the Responsible Authority for the European Return
Fund.
- Please explain what kind of evaluation expertise you had recourse to:
NA
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
3
EVALUATION REPORT ON THE RESULTS AND IMPACTS OF ACTIONS
CO-FINANCED BY THE EUROPEAN RETURN FUND
CONTENTS
1.
SUMMARY OF THE MULTIANNUAL PROGRAMME: ANALYSIS OF
REQUIREMENTS IN THE MEMBER STATE AND STRATEGY TO ACHIEVE THE
OBJECTIVES
2.
SUMMARY OF THE ANNUAL PROGRAMMES 2008 AND 2009
(EXCLUDING TECHNICAL ASSISTANCE MEASURES AND INFORMATION AND
PUBLICITY)
3.
IMPLEMENTATION OF
THE PROGRAMMES IN THE “AWARDING BODY”
METHOD
4.
IMPLEMENTATION OF THE PROGRAMMES IN THE “EXECUTING BODY”
METHOD
5.
SUMMARY DESCRIPTION OF THE PROJECTS FUNDED IN THE “AWARDING
BODY” METHOD AND IN THE “EXECUTING BODY” METHOD
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
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
4
Part I
Summary of the Multiannual Programme 2008-2013
ANALYSIS OF REQUIREMENTS IN THE MEMBER STATE AND
STRATEGY TO ACHIEVE THE OBJECTIVES
ANALYSIS OF REQUIREMENTS IN THE MEMBER STATE
- The requirements in the Member State in relation to the baseline situation
1.
In relation to the described situation in Bulgaria, the following requirements are identified:
 optimization of the measures for voluntary return of persons;
 optimization of the performed activities with vulnerable groups in compliance with
their specific needs;
 reduction of the time for stay in Temporary Accommodation Centre for Third Country
Nationals through more dynamic cooperation with the diplomatic representations and/or
consular services, as well as strengthening the cooperation with other MS, local
government authorities, and NGOs;
 expanding and increasing the methods of interaction and cooperation with international
and national NGOs in the process of achieving an effective and sustainable return;
 expanding the activities related to persons subject of return;
 acceleration of the procedures on identifying foreigners and providing them with the
necessary travel documents;
- The operational objectives of the Member State designed to meet its
requirements
Objective 1: Support for the voluntary return of persons, who do not or no longer fulfill the
conditions for stay in the Republic of Bulgaria, by providing assistance and conditions for the
persons voluntary returned to their country of origin;
Objective 2: Measures regarding the specific situation of vulnerable persons subject to return
(minors, disabled persons, pregnant women, persons with mental disorder, persons who have been
subjected to serious forms of psychological, physical or sexual harassment);
Objective 3: Implementing procedures for forced return of illegally staying nationals of third
countries with which the cooperation in the field of return is extremely difficult, in compliance
with the national and international legislation;
Objective 4: Implementing procedures for return of illegally staying third country nationals in
cooperation with other Member States and, where appropriate, with the FRONTEX agency and
other organizations;
Objective 5: Informing and counseling persons subject to return about the situation in the country
of origin or a safe third country;
Objective 6: Development of the cooperation between the Bulgarian Authorities and the consular
and diplomatic services in order to speed up the process of documenting the returnees.
Objective 7: Strengthening the administrative capacity of the national stakeholders in the field of
migration policy and improving the regulatory framework on national level.
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
5
2.
STRATEGY TO ACHIEVE THE OBJECTIVES
Priority 1: Support for the development of a strategic approach to return
management by Member States
Objective 1: Support for the voluntary return of persons, who do not or no longer fulfill the
conditions for stay in the Republic of Bulgaria, by providing assistance for the persons voluntarily
returned to their country of origin. (Specific Priority 1.1“Assisted voluntary return programmes”)
Key actions:
- Campaigns for encouragement of voluntary return of third country nationals with respect of the
humanitarian principles and with respect of their dignity;
- special programmes of the Migration Directorate, in co-operation with other interested
organizations experienced in voluntary return for the assistance of dignified and sustainable return;
- Elaboration of programmes, in accordance to the needs of the returnees whose aim is
voluntary/sustainable return.
Objective 2: Measures regarding the specific situation of vulnerable persons subject to return
(minors, disabled persons, pregnant women, persons with mental disorder, persons who have been
subjected to serious forms of psychological, physical or sexual harassment); ( Specific priority 1.2
“Cash incentives and measures to address the specific situation of vulnerable returnees”).
Key actions:
- Specialized programmes for assisting vulnerable persons;
- consulting and counseling in order to encourage the voluntary return of that category of persons; joint activities with NGOs such as further qualification or training of officials on work with
vulnerable persons subject to return; assistance to vulnerable persons (counseling, legal advice,
etc.) during return, including reintegration measures;
- providing suitable conditions and specialized consultation services for vulnerable persons;
- organizing seminars for training of officials working with this category of persons.
Objective 3: Implementing procedures for forced return of illegally staying nationals of third
countries with which the cooperation in the field of return is extremely difficult, in compliance
with the national and international legislation. (Specific priority 1.3 “Integrated return plans
supporting the return of third-country nationals or stateless persons not covered under Community
readmission agreements or national bilateral readmission agreements to countries of origin, former
residence or transit with which cooperation in the field of return is particularly difficult”).
Key actions:
- executing the imposed compulsory administrative measures, as well as escorting to the country of
origin, when necessary;
- optimizing the procedures for the gathering of information necessary to prove the identity and the
nationality of the migrant, including the cooperation with third country migration and consular
services;
- optimizing the procedures for the return of persons who do not fall into the groups under the
different agreements on readmission;
- enhancing the cooperation between national authorities and their third country counterparts
responsible for the speeding up of the return procedures;
- Seminars directed to all levels of national, regional, local and other public authorities.
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
6
Priority 2: Support for the cooperation between Member States in return
management
Objective 4: Implementing procedures for forcible return of third country nationals who do not or
no longer fulfil the conditions for stay, in cooperation with other Member States and where
appropriate with the FRONTEX agency and other organizations. (“Integrated return plans which
have been designed and will also be implemented in cooperation with other Member States, and,
where appropriate, with the Frontex Agency, non-governmental organisations and/or international
organisations, with the aim of pooling the different skills, experiences and resources of the
authorities of the Member States and where appropriate the other organisations involved”).
Key actions:
- Establishment of a cooperation network with the returnees centers in the countries of origin with
a view to obtain travel documents for the return of third-country nationals;
- Exchange of information among the Member States, on the one hand, and between the Member
States and third-country authorities, on the other, for speeding up the return process;
- Joint programmes with Member States for exchange of best practices related to particular
countries or regions of origin, former residence or transit;
- Joint operations between the Member States and other relevant organizations with a view to
ensuring speedy and successful removals.
Priority 3: Assistance for specific innovative national/international tools for
return management
Objective 5: Informing and consulting people subject to return in respect of the situation of their
country of origin or safe third country. (“Projects which propose particularly innovative ways and
means of informing and counselling potential returnees about the situation in the countries of
return and/or other innovative incentives for increasing the number of voluntary returnees based
on respect for the dignity of the individuals concerned”)
Key actions:
- Informing campaigns for third-country nationals in accordance with the humanitarian principles
and with respect for their dignity.
- Cooperation with international and national governmental and nongovernmental organisations for
gathering and providing personalised information about the current situation in the country, the
region and the place of origin.
Objective 6: Development of the cooperation between Bulgarian Authorities and the consular and
diplomatic services in order to speed up the process of documenting the returnees. (Projects which
test new working methods to speed up the process of documenting returnees in cooperation with
consular authorities and immigration services of third countries”)
Key actions:
- Meetings with representatives of diplomatic missions in Bulgaria for exchange of information;
- Speeding up of the procedures for the identification of persons and the issuing of travel
documents;
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
7
Priority 4: Support for developing Community standards and best practices on
return management
Objective 7: Strengthening the administrative capacity of the national stakeholders in the field
of migration policy and improving the regulatory framework on national level (Specific priority
4.2 Measures taken at national level to ensure a fair and effective implementation of common
standards on return, as established under Community legislation on return including the training
of practitioners.)
Key actions:
- Organising training seminars for national, regional and local authorities on relevant international
human rights standards on return;
- Organising training seminars, workshops, expert meetings for migration authorities on
Community legislation in the area of return;
- Conducting assessments, in cooperation with international organisations and NGOs, on the
regulatory framework and the administrative practical constraints at national level leading to
recommendations for potential amendments to the legal framework to facilitate more efficient and
sustainable returns.
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
8
Finally, list the most important indicators set out in Part 3 of the multiannual
programme 2008-2013 and the corresponding quantified/qualitative targets,
broken down by Priority:
Priority 1:
Increased number of:
- Voluntary returnees;
- Assisted persons under the relevant programmes;
- Returned vulnerable persons;
- Successfully conducted training seminars;
- Meetings conducted between the institutions involved and contacts with competent
authorities;
Priority 2:
Indicators
- Increased number of partner centres for returnees;
- Increased number of information documents exchanged with other MS and third
countries regarding the return procedures;
- Number of joint operations conducted;
- Number of programmes with MS for implementation of best practices.
Priority 3:
Indicators
Increased number of:
- Informed persons - third countries’ nationals;
- Informative campaigns carried out;
- Meetings with the consular services;
- Issued travel documents;
Priority 4:
- Number and type of training seminars held;
- Number of officials and type of authorities trained;
- Number and type of topics covered;
- Number of assessments conducted;
- Number of recommendations for amendments of the national legislation put forward;
----------------------------
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
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 and 2009
Actions to be implemented under the “awarding body” method
AP 2008
Not applicable
AP 2009
Action 1 – Specialised (target oriented) programmes of Migration Directorate, non-governmental
and/or international organisations experienced in voluntary return
Action 3 – Development of a programme for voluntary return of vulnerable persons and measures
for assisting returnees in response to their specific needs
Actions to be implemented under the “executing body” method
AP 2008
Action 1 - Additional equipment for 2 selected premises of the Temporary Accommodation Centre
for Third-Country Nationals in Busmantsi, necessary to provide appropriate conditions for
specialized consultative work with vulnerable persons
Action 2 - Specialised interpretation services connected with the consultative work for assisting
vulnerable persons
Action 3 – Supply of motor vehicles for implementation of compulsory administrative measures on
nationals of third countries with which the cooperation in the sphere of return is especially difficult
Action 4 – Expenditures on the implementation of compulsory administrative measures against
nationals of third countries with which the cooperation in the field of return is especially difficult
Action 5 – Elaboration of comprehensive assessment (analysis) of the situation in the Republic of
Bulgaria, other member states and countries of origin in relation with the migration processes, as a
precondition for the development of Integrated Return Management Strategy
AP 2009
Action 2 – Specialised interpretation services connected with the consultative work for assisting
vulnerable persons
Action 4 – Expenditures on the implementation of compulsory administrative measures against
nationals of third countries with which the cooperation in the field of return is especially difficult
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
10
2.
Summary of actions under Priority 2 in the annual programmes, 2008 and
2009
Actions to be implemented under the “awarding body” method
Not applicable
Actions to be implemented under the “executing body” method
AP 2008
Action 6 - Establishing network for cooperation with the reception centres in the countries of
origin through interaction with NGOs and other MS
Action 7 –Joint programme with MS for implementation of best practices regarding particular
states or regions of origin and/or former stay
AP 2009
Action 5 – Development of an integrated return plan in cooperation with other Member States
Action 6 - Implementation of joint return operations - joint flights or joint removals by land in
cooperation with other MS, and where appropriate, the FRONTEX Agency.
3.
Summary of actions under Priority 3 in the annual programmes, 2008 and
2009
Actions to be implemented under the “awarding body” method
AP 2008
Action 8 – Information campaigns for third-country nationals while observing the humanitarian
principles and respecting their human dignity
AP 2009
Action 7 – Setting up a counseling and reintegration programme aided by a network of public
authorities, NGOs and/or internationals organizations created for this purpose.
Actions to be implemented under the “executing body” method
AP 2008
Action 9 – Creation of new and more effective methods of work with representatives of diplomatic
missions in Bulgaria while exchanging information regarding return
AP2009
Action 8 – Support of the identification procedures for nationals from Iran, Afghanistan, Palestine,
Lebanon, Nigeria.
4.
Summary of actions under Priority 4 in the annual programmes 2008 and 2009
Actions to be implemented under the “awarding body” method
Action 10 – Organizing training seminars for national, regional and local authorities on relevant
international human rights standards on return
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
11
Actions to be implemented under the “executing body” method
Action 9 – Development of Integrated Return Management Strategy aiming at introduction of
regulatory framework changes and overcoming the administrative practical constraints at national
level in cooperation with international organizations and NGOs
5.
Any significant change to the actions of the programmes concerned (revisions
of annual programmes and revisions of the financial breakdown lower than
10%)
No revisions were undertaken
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
12
Part III
IMPLEMENTATION OF THE PROGRAMMES IN THE “AWARDING
BODY” METHOD
Did you implement the 2008 and 2009 programmes in the “awarding body” method
(as defined in Article 7 (2) of Commission Decision 2008/458/EC of 5.3.2008 - the
Return Fund Implementing Rules), at least for part of the programmes?
Yes/No: Yes
Action 8 under the AP 2008 has been implemented in the “awarding body” method.
Following call for proposals and evaluation of the applications received two project
proposals have been selected for funding. The projects aim at conducting
information campaigns for third-country nationals while observing the humanitarian
principles and respecting their human dignity.
If No, do not fill in Part III and go to Part IV (Implementation of the programmes in
the executing body method).
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
13
III.1
Share of the overall EU contribution to the
programmes granted in the “awarding body” method in
2008 and 2009
For each programme year (2008 and 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” method (in percentage, no
decimal)
- Programme 2008:
20 % of the EU contribution to the programme
(excluding the EU contribution for technical
assistance)
- Programme 2009:
not started yet
III.2
Calls for proposals
For each programme year (2008 and 2009), please provide the number and calls for
proposals organised for the implementation of the annual programmes in the
“awarding body” method
- Programme 2008:
1 call for proposal hеld
- Programme 2009:
4 call for proposals programmed but not started yet
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
14
III.3
Proposals received, selected and funded after calls
for proposals
Number of
Proposals received
Projects selected
Projects funded
Programme
2008
2
2
Programme
2009
-
TOTAL
2008-2009
2
2
2
-
2
Have all projects selected for funding after calls for proposals been funded?
Yes/No: Yes. All project proposals selected for funding after calls for proposals
have been funded.
- If No, explain why: N/A
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
15
III.4
Projects funded in the “awarding body” method without a
call for proposals
Projects funded in
the “awarding
body” method
without a call for
proposals
Number
III.5
Programme
2008
Programme
2009
TOTAL
2008-2009
0
0
0
Total number of projects funded in the “awarding body”
method 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” method
Programme
2008
Programme
2009
TOTAL
2008-2009
2
0
2
0
0
0
2
0
2
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
16
Part IV
IMPLEMENTATION OF THE PROGRAMMES IN THE “EXECUTING
BODY” METHOD
Did you implement the 2008 and 2009 programmes in the “executing body” method
(as defined in Article 8 of Commission Decision 2008/458/EC of 5.3.2008 - the
Return Fund Implementing Rules), at least for part of the programmes?
Yes/No: Yes
After examination and assessment according to internal procedure for selection of projects the RA
has funded 6 projects under the AP 2008 in the “executing body” method. The projects have been
implemented indirectly by the RA, by involving the Migration Directorate at the MoI as national
authority with competencies in the field concerned. The decision for funding of each project is
formalized in a contract between the responsible authority and the the Migration Directorate
The implementation of projects under AP 2009 is forthcoming. The process of ex-ante evaluation
of project proposals in executing mode is on-going.
The projects funded under AP 2008 are listed below:
Project RF/2008/P1/A1, A2 (Action 1 and Action 2 under AP 2008) „Additional equipment for 2
selected premises of the Temporary Accommodation Centre for Third-Country Nationals in
Busmantsi, necessary to provide appropriate conditions for specialized consultative work with
vulnerable persons and specialised interpretation services connected with the consultative work for
assisting vulnerable persons”; Contract No І-10609/31.03.2010 г. between RA and Migration
Directorate
Project RF/2008/P1/A4 Implementation of compulsory administrative measures against nationals
of third countries with which the cooperation in the field of return is especially difficult; (Action 4
under AP 2008); Contract № I-11547/12.04.2010 between RA and Migration Directorate
Project RF/2008/P1/A5 - “Elaboration of comprehensive assessment (analysis) of the situation in
the Republic of Bulgaria, other member states and countries of origin in relation with the migration
processes, as a precondition for the development of Integrated Return Management Strategy”;
Contract No DES 3/30.04.2010 between RA and Migration Directorate
Project RF/2008/P2/A6 “Establishing network for cooperation with the reception centers in the
countries of origin through interaction with NGOs and other MS”, Contract No DES 2/30.04.2010
between RA and Migration Directorate
Project RF/2008/P2/A7 “Joint programme with MS for implementation of best practices regarding
particular states or regions of origin and/or former stay”; Contract No DES-4/14.05.2010.
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
17
Project RF/2008/P3/A9 “Creation of new and more effective methods of work with representatives
of diplomatic missions in Bulgaria while exchanging information regarding return”, Contract No
DES 1/30.04.2010 between RA and Migration Directorate
IV.1
Share of the overall EU contribution to the
programmes granted in the “executing body” method in
2008 and 2009
For each programme year (2008 and 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” method (in percentage, no
decimal).
- Programme 2008:
34 % of the EU contribution to the programme (excluding the
EU contribution for technical assistance)
- Programme 2009:
N/A, not started yet
IV.2
Calls for expression of interest or for proposals or similar
selection method
For each programme year (2008 and 2009), please provide the number of calls for
expression of interest or for proposals or similar organised for the implementation of
the RF annual programmes in the “executing body” method
- Programme 2008:
0 (number of calls for expression of interest or for
proposals or similar selection method)
- Programme 2009:
0
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
18
IV.3
Proposals received, selected and funded after calls for
expression of interest, call for proposals or similar selection
method in the “executing body method”
Number of …
Programme
2008
Programme
2009
TOTAL
2008-2009
Proposals received
Projects selected
Projects funded
0
0
0
0
0
0
0
0
0
Have all projects selected for funding after calls for expression of interest, call for
proposals, or similar been funded?
Yes/No:
N/A
- If No, explain why: N/A
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
19
IV.4
Projects funded in the “executing body” method without a
call for expression of interest or for proposals or similar
Projects funded in
the “executing body”
method without a
call for expression of
interest or for
proposals or similar
selection method
Number
IV.5
Programme
2008
Programme
2009
TOTAL
2008-2009
6
0
6
Total number of projects funded in the “executing body”
method 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”
method
Programme
2008
Programme
2009
TOTAL
2008-2009
6
0
6
0
0
0
6
0
6
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
20
Part V
SUMMARY DESCRIPTION OF THE PROJECTS FUNDED
IN THE “AWARDING BODY” METHOD AND
IN THE “EXECUTING BODY” METHOD
2008 - 2009
1. Summary description of the projects funded under Priority 1 in the annual
programmes 2008 and 2009
In the “awarding body” method:
No projects funded in the “awarding body” method under Priority 1 in the AP 2008. The
implementation of AP 2009 has not been started yet.
In the “executing body” method:
- Project RF/2008/P1/A1, A2, Contract No І-10609/31.03.2010: Within the framework of the
project 2 premises at the Temporary Accommodation Centre for Third Country Nationals at the
Migration Directorate have been equipped for information and consultation activities with
vulnerable persons. The project envisaged also provision of specialized interpretation services
from/to rare foreign languages during consultative work with the vulnerable persons. Due to lack
of bids no subcontractor for translation and interpretation has been hired.
- Project RF/2008/P1/A4, Contract No I-11547/12.04.2010: The project aims at return of third
country nationals, who do not or no longer fulfill the conditions for stay in Bulgaria and return
decisions for them have been issued. The project focused on the countries with which the
cooperation in the field of return is especially difficult. 17 persons have been returned to their
country of origin within the scope of the project, 3 of them have been escorted and 14 returned
voluntarily. The project expenditures comprise Specific expenses for target groups (flight and ferry
tickets, visas, photos, cash incentives etc) and daily allowances and accommodation for escort
officials.
- Project funded RF/2008/P1/A5, Contract No DЕS-3/30.04.2010 aimed at preparation for the
development of Integrated Return Plan under the AP 2009. The achieved project results are: an
analysis on the migration processes and legislation in Austria and Sweden elaborated by ICMPD as
a subcontractor, study visit of experts of the Migration Directorate and the Border Police in Austria
which have developed an assessment of the same aspects in Bulgaria.
2. Summary description of the projects funded under Priority 2 in the annual
programmes 2008 and 2009
In the “awarding body” method
No projects funded under Priority 2. The implementation of AP 2009 has not started yet.
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
21
In the “executing body” method:
There are two projects funded under Priority 2:
1. Project RF/2008/P2/A6; Contract No DES - 2/30.04.2010 between the RA and the Migration
Directorate at MoI: The project encompasses a study on the existing reception centers in countries
of origin and an assessment on the possibilities for interaction of the Migration Directorate with
these centers, initially envisaged to be elaborated by a subcontractor. Due to unsuccessful tender
procedures the study has been elaborated by experts of the Migration Directorate with the
assistance by 2 external experts from the Immigration service of Federal state of Berlin. In addition
a working visit to Germany has been conducted so that the officials of the Migration Directorate
become acquainted with expertise regarding return procedures and reception centers. Project
results have been presented during a seminar in Bulgaria with the participation of NGOs and
international organizations.
2. Project RF/2008/P2/A7; Contract No DES - 4/14.05.2010 between the RA and the Migration
Directorate at MoI, (Action 7 under AP 2008), aims at preparation for development of a joint
programme with MS for implementation of “best practices” and improvement of the cooperation
with MS and elaboration of cooperation programme for implementation of the best practices.
3. Summary description of the projects funded under Priority 3 in the annual
programmes 2008 and 2009
In the “awarding body” method
Two grants awarded under Priority 3:
- BG/RF2008/A8/GR1 - 01 - Grant agreement No DES- 09/08.06.2010 “Information campaign for
third-country nationals according to the humanitarian principles and in respect of their dignity”.
The activities under the project aim at development and distribution of 1000 posters, 30 000
brochures and 30 billboards; elaboration and distribution of a 30 sec. video-clip and a 15 min
documentary. The project is implemented and results have been achieved.
- BG/RF2008/A8/GR1-02 Grant agreement No DES-10/10.06.2010 “Information and advice for
third-country nationals while encouraging them for voluntary return”, including dissemination of
22 000 pieces of information materials, 1 broadcast of an elaborated video-clip. The project aims
encouraging the voluntary return and reintegration in the countries of origin/return; better quality
of services rendered to third-country nationals voluntarily returned and facilitated reintegration in
the countries of origin/return; better cooperation between institutions dealing with migration,
international organizations and NGOs. The project results have been successfully achieved.
In the “executing body” method.
One project has been funded under Priority 3:
-Project RF/2008/P3/A9; Contract No DES - 1/30.04.2010 between the RA and the Migration
Directorate at MoI (Action 9 under AP 2008) aims at creation of new and more effective methods
of work with representatives of diplomatic missions in Bulgaria while exchanging information
regarding return”.
Within the scope of the project 4 workshops have been carried on with the active participation of
experts of the Migration Directorate at the MoI and representatives of the diplomatic missions of
Vietnam, China, Russia, Israel, Armenia, Morocco, Lebanon, Syria and Iraq in Bulgaria, of the
Consular Affairs Directorate at the Ministry of Foreign Affairs in Bulgaria, UNHCR and NGOs.
The above mentioned countries are among the countries with greatest migration flow to the EU
through Bulgaria. The aims of the meetings was to encourage the cooperation in detection of the
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
22
immigrants identity, the issuance of travel documents for returnees, better coordination in solving
difficult cases and finally maximum effectiveness of the return process as a whole.
4. Summary description of the projects funded under Priority 4 in the
annual programmes 2008 and 2009
In the “awarding body” method
N/A
In the “executing body” method
N/A
5. Summary description of the projects funded in the “awarding body” method
without a call for proposals, in the annual programmes 2008 and 2009
No projects funded so far in the awarding body method without call for proposals.
6. Summary description of the projects funded in the “executing body” method
without a call for expression of interest, a call for proposals or similar
selection method, in the annual programmes 2008 and 2009
Project RF/2008/P1/A1, A2 „Additional equipment for 2 selected premises of the Temporary
Accommodation Centre for Third Country Nationals, necessary to provide appropriate conditions
for specialized consultative work with vulnerable persons and specialized interpretation services
connected with the consultative work for assisting vulnerable persons”; Contract No І10609/31.03.2010 between RA and Migration Directorate – as per p. 1
Project RF/2008/P1/A4 “Implementation of compulsory administrative measures against nationals
of third countries with which the cooperation in the field of return is especially difficult; Contract
№ I-11547/12.04.2010 between RA and Migration Directorate – as per p.1
Project RF/2008/P1/A5 - “Elaboration of comprehensive assessment (analysis) of the situation in
the Republic of Bulgaria, other member states and countries of origin in relation with the migration
processes, as a precondition for the development of Integrated Return Management Strategy”;
Contract No DES -3/30.04.2010 between RA and Migration Directorate – as per p. 1
Project RF/2008/P2/A6 “Establishing network for cooperation with the reception centers in the
countries of origin through interaction with NGOs and other MS”, Contract No DES -2/30.04.2010
between RA and Migration Directorate as per p.2
Project RF/2008/P2/A7 “Joint programme with MS for implementation of best practices regarding
particular states or regions of origin and/or former stay”, Contract No DES - 4/14.05.2010 between
RA and Migration Directorate – a per p.2
Project RF/2008/P3/A9 “Creation of new and more effective methods of work with representatives
of diplomatic missions in Bulgaria while exchanging information regarding return”, Contract No
DES -1/30.04.2010 between RA and Migration Directorate –as per p. 3
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
23
7. Explain any significant change to the distribution of the projects funded in
the “awarding body” method, by Priority and by Specific Priority, in the
annual programmes 2008 and 2009
Only 1 action in the AP2008 is funded in the “awarding body” method: Action 8 (“Information
campaigns for third-country nationals while observing the humanitarian principles and respecting
their human dignity”), Priority 3 (Assistance for specific innovative national/international
instruments for the return management), Specific priority 3.1. The budget distributed for this
action is 20% of the total budget of the AP.
The remaining 8 actions in the AP2008 are funded in “the executing body” method due to the fact
that the only possible beneficiary is the Migration Directorate at the Ministry of Interior which is
the competent national body in the field of migration control.
“The executing body” method is predominant in AP2008 and it was expressly chosen in the
process of programming because of the nature of the actions to be funded: strengthening the
administrative capacity of the Migration Directorate, enhancement of the cooperation between the
Migration Directorate and the respective services in other Member States as well as third-country
agencies for facilitation of return to the countries of origin, and support for forced return of
illegally staying third-country nationals.
The funds envisaged in AP2009 however were allocated for measures other than strengthening the
administrative capacity and the international cooperation with other MSs and countries of origin
which were partially met by the Actions in the first AP. A considerable portion of the funds in
AP2009 are intended for projects in the field of voluntary return, incl. reintegration measures,
which were planned to be implemented under the “awarding body” method.
Thus, actions funded in the “awarding body” method in AP2009 are 4: 2 under Priority 1, one
under Priority 3, and one under Priority 4; 53% of the total amount of funds envisaged for the
implementation of AP2009 is allocated for actions funded in the “awarding body” method.
8. Explain any significant change to the distribution of the projects funded in
the “executing body” method, by Priority and by Specific Priority, in the
annual programmes 2008 and 2009
See above
9. 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” method in the annual programmes 2008 and 2009
In the “awarding body” method
N/A
In the “executing body” method
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
24
The projects have been implemented within short project duration as initially planned. The
necessary legislative changes related to the establishment of an adequate Control and Management
System caused serious delay in the implementation of the AP 2008. This obstacle called for
immediate action having in mind the end of the eligibility period. Therefore the RA, while
observing the programme consistency, has taken the decision to implement the projects in short
time in order to set up the preconditions for continuation of the actions under the AP 2009. The
project content remained in line with the objectives and results of the AP 2008. The shorter project
duration determined the limited allocations which have been absorbed. Nevertheless the most
important results have been achieved and they will contribute to the achievement of the objectives
of the AP 2009.
10.
Important projects funded in the annual programmes 2008 and 2009
2008 annual programme
Project № DEC-3/30.04.2010, named “Elaboration of comprehensive assessment (analysis) of the
situation in the Republic of Bulgaria, other member states and countries of origin in relation with
the migration processes, as a precondition for the development of Integrated Return Management
Strategy”. The implementation of the project resulted in:
Report on the results from an analysis of main migration flows, forecasts, trends and legislation in
the area of migration in Austria and Sweden in particular the historical background of migration,
legal and institutional framework, statistics, integration policy, return policy, illegal migration. The
report was elaborated by the International Centre for Migration Policy Development as a
subcontractor. The study has served as a basis for the implementation of the second phase of the
project, namely elaboration of similar analysis in Bulgaria by experts of the Migration Directorate,
and 2 outside experts from 2 NGOs, hired temporarily and specifically for the project. Both
analyses represent an important precondition for the development of an Integrated Management
Strategy and Integrated Return Plans.
Project № BG/RF2008/A8/GR1 - 01 and BG/RF2008/A8/GR1 - 02 - grant agreements with the
IOM and a private company under Action 8 of the AP 2008 “Information campaigns for thirdcountry nationals while observing the humanitarian principles and respecting their human dignity”.
The elaborated video-clip, information materials (flyers, billboards, brochures) promoting the
voluntary return and reintegration in the countries of origin/return; better quality of services
rendered to third-country nationals voluntarily returned and facilitated reintegration in the
countries of origin/return; better cooperation between institutions dealing with migration,
international organizations and NGOs.
2009 annual programme - The implementation of the programme has not started yet.
11.
Description of one “success story”, among all the projects funded in the
annual programmes 2008 and 2009
As a “success story” could be considered the implementation of the grants aiming at information
campaigns for third-country nationals and promoting the voluntary return to their country of origin.
The implementation of the Action in a very short time led to the achievement of the following
important results: elaborated and distributed 2 video-clips, one documentary, 53 000 information
materials (flyers, billboards, brochures) promoting the voluntary return and reintegration of the
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
25
returnees in their countries of origin/return and cooperation between institutions dealing with
migration, international organizations and NGOs.
Increased interest was shown by those who are in procedure for giving a status of refugee by the
State Agency for Refugees or those who received refusal by the State Agency for Refugees. (All
these persons are charged with coercive administrative measure.)
12.
Description of one “failure”, among all the projects funded in the annual
programmes 2008 and 2009
As a “failure” should be considered the project funded with a Contract DEC - 4/14.05.2010 under
Action 7 of AP 2008 - “Joint programme with MS for implementation of best practices regarding
particular states or regions of origin and/or former stay”. The implementation of the project started
in the middle of May 2010, the time for the implementation of the project was 2 months and none
of the Member State invited responded to the invitation for cooperation. The following expected
results were not achieved:
- improvements of the cooperation with the MS institution dealing with migration; support to
Migration Directorate - MoI while applying best practices regarding particular countries
and regions of origin;
- Improvement of the administrative capacity of the beneficiary in terms of practical
implementation of the return procedures.
The MS were contacted by e-mail were in details were described the activity, the expected results
and the deadlines for implementation.
It is supposed that the short period for implementation of the activity is the main reason for the
projects failure.
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
26
Part VI
TECHNICAL ASSISTANCE
INFORMATION AND PUBLICITY
1.
Technical assistance
Technical assistance was spent for:
- Training of RA experts: 12 experts of the RA passed a training on “Activities and functions
of the RA acting as an authority awarding grants in the course of the utilization of EU
funds” held on 11-12 March 2010. The training was organized by the International Centre
for Migration Policy Development. The lecturers from Poland, Slovakia and Belgium
presented their experience in the “awarding body” method under SOLID funds. The follow
up activities of the training envisaged consultation of the RA staff during preparation and
publication of the call for proposals under AP 2008.
- Hiring the external independent expert for participation in the selection committee for
evaluation of applications submitted after the call for proposals;
- Expenses related to arrangements of information days, SOLID committee meetings, and
translation of the Manual of Procedures of the RA from Bulgarian into English, software
services.
2.
Information and Publicity
- Information and publicity activities by the Responsible Authority
Information and publicity activities by the Responsible Authority
 Following Articles 33 of the RF Implementing Rules, on 08.10.2009 RA organized
and held information day for representatives of institutions and organizations (interested parties
(partners)), including potential beneficiaries of RF. The meeting was attended by representatives of
British Embassy in Sofia, the Ministry of Foreign Affairs, Bulgarian State Agency for Refugees
with the Council of Ministers, International Organization for Migration, the UNHCR
representation in Bulgaria, Assistance Centre for Torture Survivors, Caritas Bulgaria, Bulgarian
Red Cross, International centre for development of migration policy, European Institute Sofia, etc.
The RA presentation was focused on the Multiannual programme (Priorities, Objectives), the AP
2008 and AP 2009 (Priorities, Actions, budget), as well as the process and deadlines related to
programming cycle for AP 2010.
 RA opened section (http://www.mvr.bg/EUFond_za_vrashtane/default.htm) for Return
fund on the MoI website on 06.02.2009. Since May 2010 the RA has a separate web site
(http://www.dmp.mvr.bg ). A special section for the RF is designed for publishing the information
according to Article 33 (2) of the RF Implementing rules.
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
27
- Information and publicity activities by the final beneficiaries
Within the framework of the projects funded under “executing body” and “awarding body” method
the Migration Directorate and the beneficiaries adhere to the requirements according to Article 34
of the RF Implementing rules.
The Migration Directorate takes necessary measures to inform the public about the assistance
obtained from the Fund. During workshops and seminars special materials have been printed with
the EU logo in order those taking part in the project to be informed of the RF funding. Such
measures are financed within the scope of each project and do not affect the TA.
The grant beneficiaries also inform the public about the assistance co-financed by the RF.
According to the grant agreements (Art.6 - Visual identification), the grant beneficiaries are
obliged to inform the public that the project is co-financed by the RF. The steps undertaken must
be in accordance with the applicable rules for information and publicity, stipulated in Commission
Decision 458/2008/EO dated 05.03.2008 and Annex 10 to it. Any publication initiated by the grant
beneficiaries under any form and content in any media must contain the following information:
“This document is issued with the financial support, co-financed by the European Return Fund.
The whole responsibility for the document content is born by <the name of the Beneficiary> and at
any circumstances it should be accepted as an official statement of the European Commission and
the Responsible Authority.”
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
28
Part VII
ASSESSMENT OF IMPLEMENTATION
OF THE ANNUAL PROGRAMMES 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?
The 2008 programme has not been implemented as originally planned regarding the
programmed schedule. The reasons could be summarized as follows:

Legislative changes necessary for setting up an adequate Management and Control
System; Change of the initially designed system at the end of 2009;

Improvement of the organisational structure of the RA as well as recruitment of
additional staff

Delay in preparation of project fishes under AP 2008 by the beneficiaries due to
quite new rules on eligibility;
2.
Have you encountered problems on implementation of the 2008 annual programme?
If so, what measures did you take?
A problem during the implementation of the AP 2008 was the eligibility of the part of the
equipment under Action 1 (2 access ramps) and the equipment under Action 3 (two specialized
vehicles and one ambulance). The RA has taken the decision not to fund a project for delivery of
the equipment due to short time of the project duration and taking into account the provisions on
eligibility of costs for purchase of equipment based on depreciation costs corresponding to the rate
of actual use and the duration of use for the project.
3. Has a revision of the 2008 programme by the Commission been necessary? If so, what
were the main changes?
N/A
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)
As of 30.06.2010 a total 6 out of 9 programmed actions were successfully implemented.
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
29
The tender procedures for hiring a subcontractor for translation and interpretation services have
been not successful due to lack of offers submitted which led to partially achievement of project
objectives of the projects funded under Action 2 and Action 4.
Action 3, which envisages purchase of 2 specialized vehicles for transportation of detained
persons, 1 specialized vehicle with mobile platform for disabled persons and 1 ambulance, was not
funded by the RA due to the short time of project implementation and the possible low degree of
eligibility of costs based on depreciation of purchased assets.
A project under Action 7 was funded by the RA but failed to be implemented due to late start of
project implementation.
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?
Action 1 – partly achieved; the aim to equip the two premises with (overhead-) projector, screen,
flip-charts and information boards is completed. The purchase and installation of 2 access ramps
for overcoming the levels’ difference is not completed. The programmed reconstruction of two
premises at Temporary Accommodation Centre for Third-Country Nationals has not started.
Action 2 – not achieved- the small tender procedure failed due to lack of bids submitted.
Action 3- not achieved - not implemented.
Action 4 - the expected results are partially achieved: 17 third-country nationals returned to
their country of origin compared to 62 as per project fiche.
Action 5: Fully achieved.
Action 6 – Fully achieved.
Action 7 - not achieved; the action was not implemented;
Action 8- Fully achieved
Action 9 -Partially achieved
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?
The distribution of funding was appropriate but due to the late start of the implementation of AP
2008 as a whole, the maximum budgeted amount was not absorbed.
As of the appropriateness of the programmed actions, the purchase of 2 specialized vehicles for
transportation of detained persons, 1 specialized vehicle with mobile platform for disabled persons
and 1 sanitary vehicle with medical equipment /ambulance/ for the implementation of the imposed
compulsory measures should be considered as not appropriate because it was not programmed as a
multiannual project and the money spent for its purchase could not be recovered by depreciation
costs during the project lifetime.
VII.2.
1.
Assessment of the implementation of the 2009 Annual
Programme
Has the 2009 programme been implemented as originally planned and broadly in line
with the programme schedule?
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
30
N/A
2.
Have you encountered problems on implementation of the 2009 annual programme?
If so, what measures did you take?
N/A
3.
Has a revision of the 2009 programme by the Commission been necessary? If so, what
were the main changes?
N/A
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)
N/A
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?
N/A
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?
N/A
VII.3.
1.
The Management and Control System for the Fund and the
implementation of the Annual Programmes 2008 and 2009
Has the Management and Control System of the Return Fund which you
designed in 2008, been efficient for the implementation of the annual
programmes so far?
The implementation of the actions envisaged under Annual Programme 2008 started after the
changes in the Management and Control System of the Return Fund, described in point 2, were
made.
2.
Please list any changes you have made in the Management and Control
System of the Return Fund which you designed in 2008, bearing in mind
the experiences gained/ lessons learned during the implementation of the
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
31
annual programmes 2008 and 2009 and/or any comments from the
Commission and/or audits
The latest amendments to the Ministry of Interior Act (MoIA) have been adopted by Parliament in
the fall of 2009 and entered into force as of December 25, 2009. The current version of MoIA is
promulgated in the State Gazette, Vol. No. 93 of November 23rd, 2009.
Following the said changes in the MoI Act the Government duly amended the Implementing Rules
to the Ministry of Interior Act (IR-MoIA). The amendments to IR-MoIA have been approved by
Council of Ministers Decree No. 2 of January 13th, 2010, which is promulgated in the State
Gazette, Vol. No. 5 of January 19th, 2010. Both the MoI Act and the IR-MoIA are Internetaccessible: http://www.mvr.bg
The abovementioned amendments have an effect to the Management and Control Systems of RF,
as follow:
1. The former Certifying Authority – Financing Controlling Directorate was transformed. The
Specialized Administrative Directorate “Planning & Management of the Budget” (SAD-PMB) at
the Ministry of Interior has been designated as Certifying Authority for RF and EBF. The
personnel entrusted with CA tasks were reappointed from Financing Controlling Directorate to the
Planning & Management of the Budget Directorate.
In its CA capacity the SAD-PMB of MoI is in charge of the certification aspects of the sound
financial management of the implementation of the annual programmes under the two Funds. The
SAD-PMB conducts all CA tasks as they are formulated in the Basic Acts (BAs) of the two Funds,
and as further elaborated in the detailed Implementing Rules (IRs) to the two Basic acts. The SADPMB conducts all the tasks under Art. 29 of the BA for the RF. The CA-tasks stipulated in Article
150e, paragraph 10, Point “a” to Point “f’ of the latest version of IR-MoIA as functions of PMB
Directorate.
2. The Procurement Directorate, which had been designated as Delegated Authority in charge of
tender procedures under RF, was transformed. The CoM Decree No 205 of August 14th, 2009 for
designation of the authorities for RF was amended by Council of Ministers Decree No 2 of January
13th, 2010 and no delegated authority is envisaged in the MCS for RF and EBF henceforth.
In its RA capacity for the RF and EBF the IPD of MoI is in charge of the day-to-day management
of the implementation of the annual programmes under the two Funds. The IP Directorate conducts
all RA-related tasks as the latter are formulated in the Basic Acts of the two Funds, and as further
elaborated in the detailed Implementing Rules to the two Basic acts. The IPD conducts all the tasks
included in Art. 27 of the BA for the RF (Decision of European Parliament & Council /DEPC/, No
575 of 2007).
In view of its RA-designation (with CoM Decree No 205 of August 14th, 2009), with the latest
amendments to MoI Act, namely Art.16. Para 4, the IPD has been granted the statute of Legal
(Juridical) Person. Being RA for the 2 Funds the IPD is responsible for the managing and
implementing (including procurement) the MAPs under the 2 Funds in accordance with the
principle of sound financial management.
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
32
Part VIII
OVERALL ASSESSMENT OF THE RESPONSIBLE AUTHORITY ON THE
IMPLEMENTATION OF THE PROGRAMMES 2008 AND 2009
VIII.1.
What is your overall assessment of the implementation of the
Return Fund in your Member State from 2008 to 2009?
The assessment includes only projects under AP 2008, in particular 8 projects at the total amount
of 374236,50 EUR, of which 28677,40 EUR European financing and 93559,12 national
contribution.
The evaluated projects are separated in two groups depending on the method of implementation
“Awarding body method” - 2 projects totaling 159913 EUR and “Executing body method” - 6
projects totaling 214323,50 EUR.
The two projects funded in “Awarding body method” are focused on information campaigns for
third-country nationals while observing the humanitarian principles and respecting their human
dignity.
The projects in the “Executing body method” are aimed at return of third-country nationals with
imposed compulsory administrative measures to their country of origin; improvement of the
consultative work with vulnerable persons, establishment of network with other MS and
preparation for development of integrated return plans, contacting with diplomatic and consular
missions of countries with which the cooperation is especially difficult.
The projects are implemented by Migration Directorate- MoI, which is the institution dealing with
illegally staying third-country nationals, imposing compulsory administrative measures and
escorting the third - country nationals to the their country of origin.
Relevance: The financial aid corresponds to the sector needs and is supported by proper legislation
in line with the EU legislation in the area of migration and asylum. Development of sector strategy
in the area of Bulgaria migration policy is envisaged. The project fiches structure is evaluated as
completely satisfactory regarding the compliance with MP and APs, the priorities set, objectives,
results, indicators, internal logic of the activities, eligibility of expenses.
The beneficiary has to improve its knowledge on the RF eligibility rules. There are satisfactory
indicators for measuring of the achieved results which are envisaged while developing the project
fiches. As a whole, the indicators are measurable and time framed and can be used for progress
measuring. The late start of the implementation and their short duration do not provide possibility
for adequate measuring at the end of the eligibility period.
Efficiency: The implementation of the projects funded is largely efficient. The expenditures made
follow the principle of sound financial management, value -for- money and efficiency of costs
when applying the criterion “lowest price” while choosing a subcontractor or purchasing of means
for the project implementation. The expenditures made are market oriented. The invested resources
match the results achieved.
Effectiveness: The evaluation for projects effectiveness is satisfactory. The results achieved
contribute partly to the achievement of the objectives set. The short duration of the projects under
AP 2008 (between 1 to 3 months) does not guarantee completely achievement of the objectives.
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
33
Regarding the projects, implemented jointly by the RA and Migration Directorate, efforts will be
made for fully achievement of the objectives even after projects completion as well as in the
framework of similar projects under AP 2009 and AP 2010. In particular, the latter concerns the
project for work with vulnerable persons. In the framework of the project, equipment is delivered
for the purpose of consultations of vulnerable persons. The equipment is used for the purposes
stipulated in the project, but concrete results can be tracked after a definite period of time.
The objectives set in the project for return of third-country nationals to their country of origin are
partially achieved. A total of 17 out of 62 third-country nationals as per project are returned to their
country of origin due to the short duration of the project (3 months), but the financing of the
objective shall continue under AP 2009. Meanwhile, the project under Action 5 of AP 2008 shows
full achievement of the objectives and is a precondition for successful implementation of the
project under AP 2009. The commitment of the beneficiaries in RF funds absorption and the
achievement of goals will guarantee effectiveness.
Impact: The implementation of the projects funded under RF is expected to impact positively on
Bulgaria migration policy and the target groups, but the impact can be measured on later stage. As
of 30.06.2010 the impact is “adequate”.
Sustainability: The results following the RF financial aid are expected to be positive due to the
support provided at high political level. There is political will and commitment from the Migration
Directorate high level officials in application of the EC migration policy.
VIII. 2
Taking into account the overall implementation of the Return Fund
in your Member State from 2008 to 2009, what is your preliminary assessment
in relation to the following aspects of the Return Fund on the following aspects?
1.
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 in the field of return management. Has there been an evolution which
required a reshaping of the intervention?
The projects funded under AP 2008 follow strictly the RF objectives and the RF multiannual
programme of Bulgaria. The Republic of Bulgaria considers as priority the implementation of
programmes in the field of joint return with other EU countries under the financial support of the
RF and in the context of solidarity and shared responsibility. The Republic of Bulgaria shares the
fair and effective implementation of common standards in the field of the Community migration
policy and will work in future in order to improve the management of return in all its aspects,
based on the principle of integrated return management. The AP 2008 included preparatory
activities for the development of integrated return plans which shall analyze the situation in
Member States, in cooperation with UN High Commissioner for Refugees (UNCHR) and
International Organization for Migration (IOM). Within AP 2008 information campaigns were
conducted to promote voluntary return of persons who are not obliged to leave the territory,
focusing on humanitarian principles and return of individuals while respecting their dignity.
Considering the latter, the Republic of Bulgaria considers that the main objectives of the RF are
entirely relevant to the needs of the sector in the country and the actions under the RF are in
support of the target groups. It is not necessary that the multiannual strategy of Bulgaria be
changed.
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
34
The priorities and objectives under the Return Fund interact with national policies. The Member
States make their efforts in order to ensure the link between the common European migration
policy and the domestic strategies. We can make a conclusion that the priorities and the types of
actions at European level are reflected at national level.
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?
The projects implemented under the AP 2008 have contributed to the achievement of concrete
results and objectives set out in the Multiannual programme, in particular:
• optimization of the measures for voluntary return of persons -The project funded under Action 4
of the AP 2008 has contributed to effective implementation of procedures for return of third
country nationals illegally staying on the territory of Republic of Bulgaria which are subject to
return. The target group of the project was third country nationals with imposed compulsory
administrative measures staying in the Temporary accommodation centre in Sofia. An emphasis
during project implementation was put on the encouragement of voluntary return. The project
objective was partially achieved – 17 third country nationals returned to the country of origin, 3 of
them were subject of forcible return and 14 returned voluntarily. The planned number of 62
returnees was not achieved due to short project duration.
• Optimization of the performed activities with vulnerable groups in compliance with their specific
needs – 2 of the premises of the Temporary accommodation centre in Sofia were equipped with
ERF funds. The project aimed at optimization of consultative work with vulnerable persons. The
objective is partly achieved within the 3 month project duration. The activities will go on after
project end.
• reduction of the time for stay in Temporary Accommodation Centre for Third Country Nationals
through more dynamic cooperation with the diplomatic services, other MS and NGOs -Within the
framework of a project funded under the ERF four meetings with representatives of the diplomatic
missions were carried out. The evaluation of project results could be assessed on a later stage.
• expanding the cooperation with international and national NGOs in the process of achieving an
effective and sustainable return -Within a project with beneficiary the IOM an information
champagne for voluntary return was conducted. The IOM has effectively promoted the
opportunities of voluntary return jointly with the Migration Directorate at the MoI.
• elaboration of programs for integrated return management of the return - The analysis of main
migration flows, trends and legislation in the area of return policy in Austria and Sweden and
Bulgaria are an important precondition for the development of an Integrated Return Management
Strategy under the AP 2009.
3.
Efficiency of the programme
Please estimate the cost of the management of the Return Fund so far and whether in your
opinion the programme's objectives are being developed in accordance with the original
planning and at a reasonable cost.
The efficiency of the projects under AP 2008 is estimated as “satisfactory”. The late start of the AP
2008 implementation due to the necessity of development of adequate systems for management
and control led to absorption of 25% of the funds allocated for the implementation of the actions
under the programme. The projects co-financed by the RF, lasted 1 to 3 months. The short time of
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
35
and 2009
implementation reasoned the decision of the RA to not finance the action 3 amounting to 195000
EUR (appr.25% of the programmed AP budget), based on the impossibility for absorption of the
funds allocated through depreciation. In accordance with the principle of effectiveness of the
expenditure and value-for-money principle, the implementation of the projects under AP 2008
corresponds to the results achieved. The results from the implementation of the projects funded led
partially to the achievement of the project objectives. The commitment of the parties in the
programme implementation shall guarantee results sustainability.
4.
Complementarity
Please indicate any issues you have had with establishing the complementarity and/or
synergies with other programmes and/or EC financial instruments such as the other Funds of
the General Programme, the Thematic Programme on Asylum and Migration and/or the
Structural Funds.
The measures envisaged in the AP 2008 avoid duplication with other EC financial instruments in
the field of illegal migration in the Republic of Bulgaria and supplement the following projects:
Transition Facility project BG/07/IB/JH/10: “Effective implementation of the EU acquis in the
field of migration policy and further strengthening the Migration Directorate’s institutional
capacity”. Several training seminars are envisaged under the project on the practical aspects of the
execution of return procedures- completed;
Schengen Facility Objective 5, Measure 1: “Building and renovation activities for modernization
of the police premises in the border area” for the Temporary Accommodation Centre for Third
Country Nationals in Lyubimetz, Haskovo District- on-going;
Schengen Facility, Measure/Action 2 - Delivery of 4 automobiles and 5 minibuses (8 + 1 type) for
the needs of Migration Directorate is envisaged – completed.
5.
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 Return Fund.
The two grant agreements signed under Action 8 of AP “Information campaign for third-country
nationals according to the humanitarian principles and in respect of their dignity” introduced
innovative methods for encouraging the voluntary return compared to the existing ones at national
level. The information campaigns added value in the terms of publicity and increased possibility
for influencing third-country nationals in Bulgaria to take the decision to return to their country of
origin.
The measures, envisaged for implementation of the Multiannual programme will ensure the further
development of the migration policy, especially in the field of legal migration in the Republic of
Bulgaria, supplementing the projects mentioned in the Report.
The co-financing under the Return fund improves the cooperation between the member-states in
the field of integrated return management and could support the implementation of similar
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
36
procedures against third country nationals staying at the territory of the EU. The application of
common standards on return in different MS will facilitate the third country nationals in their
efforts to return voluntarily to their countries of origin. The EC financing gives the opportunity to
the MS to join their efforts in the implementation of these standards.
Otherwise, under the RF project the MS could cooperate regarding the implementation of enforced
returns. The integrated return plans require involvement of more than one member states, which
means that the responsibilities and the financial resources will be shared.
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?
Options for improvements in the regulatory framework with the purpose of facilitating the annual
programming process can be found in the application of a more flexible approach in the
allocations of funds for the annual programmes. Currently, in the period August-September the
European Commission determines the allocations for the next year. On the one hand, this delays
the drafting of the relevant Annual Programme which has to be sent by 1st November, and on the
other hand, the differences between the annual allocations and the Estimates for the period 20092013 under SOLID 2007/25 for the multiannual programme lead to some difficulties in
programming actions in the long run. This problem is especially important as far as External
Borders Fund is concerned where funds are considerable and a large number of projects are
multiannual.
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?
Considering the specific legislation in the area of public procurement (namely that the funds are
considered as public funds), the RA recommendаtions are oriented to the simplification of the
Implementing rules and the eligibility rules - they might be more general and allowing flexible
implementation. The Manual on eligibility rules should contain more examples (practical cases)
related to the eligibility of expenditures based on Member States experience in the implementation
of the SOLID funds.
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?
The control over the implementation of Fund is opportunity and challenge. To translate project
proposals into implemented action is a key challenge.
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
37
Effort has been made to develop appropriate implementation procedures, to define risks and
problems. Important issue is the strengthening of the administrative capacity of all stakeholders
involved in the management and implementation of the Fund.
The EC support consists of clear procedures, rules and flexible approaches for management of the
Fund.
End of the report
First Evaluation report on Implementation of actions co financed by the European Return Fund under AP 2008
and 2009
38