# 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), Article 40: Emergency measures

Extent: E+W+S+N.I.

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.

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Source: https://www.legislation.gov.uk/eudn/2008/22/article/40 (the official version)
Page: https://openlegislation.uk/eu-decision-2008-22/article-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

