Commission Decision of 19 December 2007 laying down rules for the implementation of Decision No 573/2007/EC of the European Parliament and of the Council establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ as regards Member States’ management and control systems, the rules for administrative and financial management and the eligibility of expenditure on projects co-financed by the Fund (notified under document number C(2007) 6396) (Only the Bulgarian, Czech, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic) (2008/22/EC)

CHAPTER 2 Management and control systems

Article 40 Emergency measures

1. Applications for emergency measures shall be presented by the responsible authority in accordance with the model in Annex 12.

2. Any adoption of emergency measures by the Commission shall lead to an amendment of the financing decision approving the annual programme of the Member State concerned. The amendment shall indicate the amount allocated to the Member State concerned, the period for which the expenditure is eligible and, when appropriate, the derogation from the eligibility rules for expenditure defined in Annex 11 in relation to action listed in Article 5 of the basic act.

3. The report on implementation of these measures shall be included in the progress report and in the final report on implementation of the annual programme concerned.

4. A first pre-financing payment, equalling 80 % of the amount allocated to the emergency measures, shall be made to the Member State within 60 days following adoption of the decision referred to in paragraph 2. The balance shall be paid when the same payment is made for the annual programme concerned.

Article 41 Fixed amount for resettled persons

1. For the fixed amount for resettled persons, as provided for in Article 13(3) of the basic act, the responsible authority shall, during the period mentioned in Article 43 of the basic act:

(a) keep the information necessary to allow proper identification of the resettled persons and of the date of their resettlement;

(b) keep the necessary evidence that these persons fall within one of the four categories defined in Article 13(3) of the basic act.

2. The persons shall be resettled during the calendar year corresponding to the annual programme.

3. The progress and the final reports on implementation of annual programmes shall mention the number of resettled persons according to the four categories defined in Article 13(3) of the basic act.

Article 42 Implementation of annual programmes

1. By way of exception to Article 23, when implementing the annual programme:

(a) the Community contribution allocated to the resettled persons defined in Article 13(3) of the basic act shall not be used for other action;

(b) the Community contribution allocated to emergency measures defined in Article 21 of the basic act shall not be used for other action.

2. The total of the annual resources mentioned in Article 14(7) of the basic act regarding the 15 % threshold for the action implemented under Article 3(4) of that Decision is calculated with reference to the amount set in the Commission Decision adopting the annual programme, without taking into account any additional resources allocated to emergency measures.