ODYSSEUS PROGRAMME: 1999 (1999/C 17/07)

1. Broad outline of the programme

The Council adopted the Odysseus programme of training, exchanges and cooperation in the fields of asylum, immigration and crossing of external borders on 19 March 1998 (OJ L 99, 31.3.1998). The programme applies to the 15 Member States of the European Union; the applicant countries, and other non-member countries, may also be associated provided this would be in accordance with the programme's objectives.

The financial reference amount for the implementation of the programme for the period 1998 to 2002 is EUR 12 million.

The programme has three main objectives:

1. First, to secure the long term practical cooperation of the authorities responsible for implementing the asylum, immigration and external border control policies. The long-term approach is a prerequisite for the programme's effectiveness, given that any changes to new legislation, procedures and techniques will generally require more time than an annual programme allows.

2. Second, to design a programme incorporating the various elements of a wide-ranging cooperation policy by means of training and exchange projects for officials. To be fully effective they must meet three conditions:

- the various levels of competence must be defined: this means making sure the measures implemented under the Odysseus programme at Union level complement other measures, in particular basic training for officials, which mainly come within the competence of the Member States,

- cooperation must be accompanied by the development of tools based on studies and research and the dissemination of information which increases effectiveness,

- assessment must be incorporated, i.e. each measure must include a complete definition of the objectives and the means to achieve them. The objectives must be consistent with the needs expressed and the content of the programme. In other words, new measures can be launched only if they fully incorporate the assessment of previous similar measures.

3. Third, to take steps to open the programme up to non-member countries in general and the applicant countries in particular, priority being given to cooperation projects to familiarise the latter with the accumulated body of Union law relating to asylum, immigration and the crossing of external borders.

The programme sets out to meet these objectives by supporting measures initiated by public institutions or private bodies aimed at developing cooperation in the fields of asylum, immigration and the crossing of external borders. This is why the structure is based on an annual programme adopted by the Management Committee, which seeks to ensure that the selection process is as open as possible and that the projects selected meet the strictest criteria through the participation of experts who will assist the Commission in formulating proposals for consistent programmes.

The Commission will make sure the programme is consistent with existing programmes under Title VI of the Treaty on European Union and the PHARE programme, in particular the aspects dealing specifically with Justice and Home Affairs.

To achieve this objective, the Odysseus programme will consist of operations in the following areas:

- training for civil servants, either for instructors or advanced courses for specialists, since, depending on the subject studied, basic training will remain primarily within the competence of the Member States. As this is the second year of the programme's implementation, it would not appear necessary to specify the type of training by giving priority to instructors or to specialists. The areas are sufficiently broad and distinct for it to be feasible to define the most appropriate type of training case by case. With regard to forget identity documents, training will have to take account of the lessons learned from the Sherlock programme. In other areas, training could be more usefully focused on basic concepts. In this context the Commission intends to give priority to the dissemination of information. With regard to questions of common interest, this will involve processing the information obtained in the Member States and disseminating it as widely as possible to the personnel concerned; it will also involve further training and specialisation for experienced officials in order to study in greater depth specific aspects identified as requiring special effort. Regular training courses will have to be held so that they will have a knock-on effect and become a source of reference information by the end of the period,

- exchanges of officials between Member States, a complementary dimension of training. The periods of exchanges can be sufficiently extended to allow for practical familiarisation on-the-spot with the methods, procedures and techniques used. This could take the form of unilateral or reciprocal visits to the national authorities responsible for asylum, immigration and external frontier control, to gain an on-the-spot insight into the problems encountered in other Member States. With the agreement of the respective national authorities, long-term visits will make it possible for officials to participate more actively in operations. Similarly, there will be more opportunities for officials of several Member States to visit another Member State,

- studies and research, the third component of the annual programme, aims in particular at the design and dissemination of teaching materials (educational tools, software, etc.). Research could be more closely focused on the development of tools and the preparation of actual cases. In this context, consideration could be given to projects which aim at document dissemination or access (via databases), making it possible to improve cooperation between national authorities. Existing institutional, legislative and regulatory fields, or those coming into being, could be the central topic of research, in particular in preparation for the entry into force of the Treaty of Amsterdam.

Projects are selected by a Management Committee consisting of a representative of each Member State and chaired by a representative of the Commission. To be considered, projects must be of interest to the Union and involve at least two Member States. The applicant countries can be associated with such projects, in accordance with Article 10 of the Joint Action, if this is in line with the objectives of the programme. In addition, the programme does not exclude the participation of other non-member countries, provided their presence is in the interests of the Union.

2. Structure of the annual programme, fields of action for 1999 and total appropriation

The Odysseus programme has broad objectives concerning asylum, immigration and the crossing of external borders. These are specific fields and call for different types of partnership. Certain sectors, such as combating forged documents, require strict confidentiality, while others are open to universities and the academic world, to non-governmental organisations, or even to companies from the business world. This is why the Odysseus programme is addressed to a broad public, ranging from the authorities responsible for the above fields to bodies, associations or companies which operate in relation to them.

The structure of the Odysseus programme reflects this diversity, by assigning priority to the three main areas (asylum, immigration, external borders), where the traditional forms of cooperation, training, exchanges and studies, will apply, but with preference also being given to the problems facing Member States in these fields. Priority will accordingly be given to areas connected with the action plan for an area of freedom, security and justice and with the entry into force of the Amsterdam Treaty, and pressing issues. This prioritising in no way alters the traditional structure of the programme, which is based on training, exchanges and studies and research.

The annual programme will be implemented in successive stages, and priority will be given to areas of common interest to the Union and the Member States and particularly to topical subjects, especially those currently being discussed in the Council, while other more specific aspects can be dealt with later.

In all the programmes managed by the Commission, increasing emphasis must be placed on the assessment of operations carried out under the programme. The Commission intends to generalise this approach, grouping together all the programmes covered by Title VI of the Treaty on European Union.

- Asylum

- The entry into force of the Dublin Convention is a top priority, for its implementation and the conditions of its application require the Member States to provide training,

- the annual programme seeks to place an emphasis on best practices as regards procedures for examining asylum applications,

beyond that, increased cooperation in other areas of asylum would be beneficial. On-the-spot comparisons during exchanges will enable officials to become more familiar with systems other than those they themselves employ, and on some occasions enable them to transpose solutions to their own administration,

- such cooperation is particularly useful in the applicant countries, as a number of them have only recent experience in this field. It enables them to acquire the basics of the process of managing asylum applications,

- priority will be given to matters connected with work in progress on temporary protection and financial solidarity, and on alternative protection,

- since in another context the Commission manages the budget headings relating to the financing of specific projects for displaced persons, asylum seekers and refugees (Joint Actions 98/304/JHA and 98/305/JHA, OJ L 138, 9.5.1998), complementarity with measures in this context will be encouraged.

- Immigration

The two complementary aspects of the policy outlined in the Commission memorandum (February 1994) concerning immigration and asylum must be taken into account.

- this is why operations must concern both the admission of third-country nationals and the prevention of illegal immigration. On the first point the programme seeks to stress the subjects closely related to the draft convention concerning the admission of third-country nationals to Member States of the European Union,

- with regard to the second point, projects could concern the practical methods of readmitting illegal third-country nationals. Projects submitted within this framework should relate by way of priority to the work in progress within the European Union, or should come within the framework of the accession partnership with the applicant countries,

- the programme also seeks to emphasise best practices as regards immigration control,

- other general priorities of the programme are matters relating to the prevention of illegal immigration, illegal residence in the Member States and the prevention of trafficking in persons.

The Commission and the Management Committee will take steps to avoid overlapping with other Community programmes involving similar operations.

- Crossing external borders

- an essential part of the 'external borders` aspect will be the campaign against the use of forged documents, in connection with the results of the Sherlock programme, using in particular the most recent forms of cooperation and training such as technical consultancy on forged documents and liaison officers,

- problems relating to different types of borders (sea, land and air) will be taken into account using an approach targeting each category,

- projects could highlight special border control issues in conjunction with a precise geographical approach, targeting frontier regions with special features (Baltic States, Balkans, European Mediterranean countries).

In the light of these considerations and observations of the situation in the various related areas and the work of specialised groups, the following fields of action are proposed for the 1999 programme, within the framework of an overall estimated budget of EUR 3 million. Traditional methods of cooperation will be combined with the more specific objectives, not forgetting the share set aside for assessment.

Field of action (a)

- Training remains at the very heart of the priorities of the Joint Action.

- first, the Commission would emphasise that it intends to give priority to training projects connected with the entry into force of the Amsterdam Treaty,

- next, the annual programme seeks to stress the considerations relating to the measures implemented at Union level. Thus, projects will tend to improve national officials' knowledge of Community instruments, procedures, methods and techniques. In this connection, preference will be given to actual training projects, both initial and continuous, targeting instructors, specialists or operatives. Conferences on topics which are general or too far removed from practical training objectives, while they may be of interest in terms of disseminating policy considerations, are not priorities of the annual programme,

- finally, projects will have to concentrate on matters which could be the subject of closer cooperation, both between the Member States and with the applicant countries.

Field of action (b)

- Topical subjects: This involves responding to specific needs and problems facing the Member States (new regulations, new practices, new technologies, etc.). The annual programme seeks to place at the disposal of Member States an instrument facilitating a prompt response to matters of immediate concern. This chapter could primarily cover measures connected with the action plan for an area of freedom, security and justice. It will also give priority to projects directly linked to legal changes arising from the entry into force of the Amsterdam Treaty. Finally, it is intended to gear initiatives which might be taken in one of the three areas (asylum, immigration, external borders) to topical issues and events.

Field of action (c)

- Studies and research

The annual programme aims to concentrate on priority issues in the field of justice and home affairs. Particular emphasis will be placed on the subjects referred to in the action plan for an area of freedom, security and justice. Priority will also be given to projects which could have practical implications for future legislative instruments, in particular the issues which are important in the context of the Commission's legislative priorities. For example, topics relating to temporary protection and solidarity, implementation of the Dublin Convention or the admission of third country nationals to the European Union could usefully be the subject of study and research in 1999. The programme aims to encourage a forward-looking and dynamic approach rather than one which is statistical, descriptive or historical.

The Commission also wishes to emphasise the dissemination of information, by the most suitable techniques, in order to reach as large an audience as possible among the officials concerned. This could be done through various tools, ensuring the development of training or the dissemination of basic knowledge for officials.

Given work in progress and the interest generated by this subject, information campaigns on the prevention of illegal immigration and on possibilities for legal immigration could usefully be the subject of study and research.

Field of action (d)

- Cooperation with non-member countries

- In the context of the accession partnership, applicant States must gradually integrate the Union's acquis, in the broadest sense, into the areas outlined in the programme. This requirement entails a knowledge of legal instruments, procedures, methods and techniques. Implementation of the programme during this period will focus on the acquisition of basic knowledge.

This is a horizontal objective which will be implemented through various types of action (mainly training and exchanges of officials, studies and research). There will be no special financial programme for this field of action. Steps will be taken to make sure they complement other programmes under Title VI, as well as the other Community aid programmes, in particular the horizontal PHARE programme, one aspect of which specifically concerns justice and home affairs in general and external border controls in particular.

The lion's share allocated to the applicant countries by no means excludes the association of other third countries. For example, the association of non-member countries which are not apllicants could be considered provided the projects are in the interests of the Union. For example, association could be based on a geographical approach.

At this stage of implementation of the Odysseus programme, priority must be given to the conditions for applying the Dublin convention, and the aspects relating to external border controls.

Special attention will be paid to projects involving training, exchanges and studies associating non-member countries, and in particular the applicant countries.

Field of action (e)

- Exchanges of officials

This field mainly concerns traditional exchanges of officials, over a sufficient period of time, to familiarise them with the practices implemented in other administrations in the various areas of the programme. Such exchanges could be of interest to staff responsible for implementing procedures at local or national level, depending on the administrative organisation of each Member State, and to officials responsible for devising them. Exchanges could also include officials responsible for on-the-spot controls or who are in direct contact with non-Community nationals (asylum-seekers, foreigners in an illegal situation pending repatriation, etc.). Since a general project was set up in this field under the 1998 programme, a reduced appropriation will be allocated for 1999.

Field of action (f)

- Evalutaion

Evaluation is a Commission priority in the context of the programmes it manages. The 1999 programme is the second budgetary period of the Odysseus programme. The evaluation will therefore mainly cover the individual projects implemented during this period to make sure they match the initial details on the application forms, the aim being to measure the results. At a later date, the assessment will be able to focus on the programme itself. Since the Commission is taking an approach in this field which encompasses all programmes under Title VI of the Treaty on European Union, it will conduct evaluations autonomously.

An estimated EUR 12 million is provided for the Odysseus programme for the five years of implementation. In 1999 an estimated EUR 3 million could be allocated.

The estimated amounts to carry out the priority projects are:

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3. Potential candidates and submission of projects

The potential candidates are the administrations of Member States responsible for asylum, immigration and the crossing of external borders, or other civil service departments, in particular those responsible for training officials in these fields, and higher education and research institutions, non-governmental organisations, associations and foundations. However, other bodies should not be excluded, in particular those operating in areas related to the objectives of the programme. Applications from individuals will not be eligible.

With regard to the procedure for the submission of projects, the memorandum on the financing of Title VI, which was revised in December 1998 and is available in all languages, provides the necessary information; a model application and precise instructions for preparing the financial statement and a model budget are attached to it. The budget must be expressed in euro. You are strongly advised to refer to this document when preparing projects.

The projects for financing under the 1999 budget will be selected once the submission deadline of 31 March 1999 is up.

The application, duly signed by the person responsible for the project, must be accompanied by a brief note (two to three pages maximum) summarising the project. A financial statement containing as precise and as detailed a cost estimate as possible for the project must be included. The description of the project must contain a succinct and precise description of the purpose of the project.

Recipients of subsidies under this programme undertake to include an explicit reference in any publication or external broadcast to Community financing obtained under the Odysseus programme.

Project sponsors must present a final report on the implementation of the project within three months of its conclusion. Final payment of the subsidy will be made only on production of the final report and supporting documents.

Regardless of the percentage of Community financing granted, total expenditure shown on the financial statement must be accounted for.

Requests for further information and forms should be addressed to:

Mr Jean-Louis De Brouwer, Chairman, Odysseus Programme Management Committee

Mr Arnaud Cochet, Secretary to the Committee

European Commission, Secretariat-General, Task Force for Justice and Home Affairs,

Unit 1,

Rue de la Loi/Wetstraat 200, Office N-9 5/24 - B-1049 Brussels

Tel. (32-2) 296 67 46

Fax (32-2) 295 84 01

e-mail: arnaud.cochet@sg.cec.be