Proposal for a COUNCIL DECISION establishing a programme of incentives and exchanges, training and cooperation for the prevention of crime (Hippocrates)

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. INTRODUCTION

On 1 May 1999 the Amsterdam Treaty entered into force and introduced the objective of an area of freedom, security and justice. The conclusions of the Tampere European Council on 15-16 October 1999 then fleshed this concept out in a number of respects, including the prevention of crime of all kinds, whether or not organised. Points 41 and 42 of the conclusions state:

'41. The European Council calls for the integration of crime prevention aspects into actions against crime as well as for the further development of national crime prevention programmes. Common priorities should be developed and identified in crime prevention in the external and internal policy of the Union and be taken into account when preparing new legislation.

42. The exchange of best practices should be developed, the network of competent national authorities for crime prevention and cooperation between national crime prevention organisations should be strengthened and the possibility of a Community funded programme should be explored for these purposes. The first priorities for this cooperation could be juvenile, urban and drug-related crime.'

On this basis, the Commission has presented a communication to the European Parliament, the Council, the Committee of the Regions and the Economic and Social Committee on the prevention of crime in the European Union. It confirmed the value of equipping the Union with a new programme to encourage cooperation between all the public and private organisations involved in preventing crime of all kinds, whether organised or more general, as recommended by point 42 of the Tampere conclusions.

To stay in line with the other programmes managed by the Commission and raise this new programme's profile, it is proposed that it be named for Hippocrates, the legendary founder of medicine whose motto was: 'Prevention is better than cure'.

Establishing this programme is compatible with the Commission's longer-term intentions, as it is currently reviewing all the programmes managed under Title VI of the Treaty on European Union in order to improve their conformity with the Union's political work programme on justice and home affairs and to reflect new guidelines to simplify financial management within broader-based instruments.

2. THE DRAFT DECISION

The proposal for a Council Decision establishing the Hippocrates Programme proceeds from the Commission's experience in managing comparable justice and home affairs programmes such as Oisin, Falcone, Stop and Grotius. The draft decision is based on the three drafts currently under discussion for new legal bases for the three programmes that come to an end at the end of the year. The harmonised drafting of all these legal bases will help to make them easier to read and is a potential precursor to comprehensive recasting of these financial instruments. The draft decision on the Hippocrates Programme provides for the same expiry date as the other programmes managed by the Commission, 31 December 2002.

The proposed structure reflects that of the other justice and home affairs programmes managed by the Commission and presented to the Council for renewal. The decision focuses on the provisions that are indispensable for the establishment of the programme, leaving annual priorities and measures to be undertaken to be settled by annual work programmes.

Pursuant to the Interinstitutional Agreement of 6 May 1999 (point 54), the financial reference amount is not provided for by the draft decision. The Commission nevertheless proposes that it be set at EUR2 million. This seems an appropriate amount for a start-up phase of action based on a new European Union policy. The programme's financial impact should be limited at the first stage so that its utility can be evaluated before there is a proposal to renew or extend it.

As in the case of the other programmes, the Commission is proposing that co-financing be limited to 70% for projects presented by the Member States so as to allow project organisers to make a proper evaluation of costs and avoid all risk of under-utilisation of funds. But it proposes that the programme also be able to finance specific projects and complementary measures that are conducive to its objectives, this time at 100%.

The programme's objectives are deliberately presented in general terms in the draft decision, partly because reactions to the Commission communication are not yet known and partly because the financial instrument will be implemented substantially on the basis of priorities set out in the annual work programmes, themselves dependent on the general policy priorities in the scoreboard.

The programme management rules are taken over from the other justice and home affairs programmes. As in the case of those programmes, the Commission will be assisted by a Committee. The procedures are based on those provided for the Council Decision of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. In practice, the application of these advisory or management procedures, although automatically applicable only to first-pillar instruments, are ideal for the management of third-pillar programmes. The management procedure will accordingly apply for the adoption of the annual work programme and possible specific actions, whereas the advisory procedure will apply for the approval of projects presented by organisers and complementary measures.

3. ANALYSE ARTICLE BY ARTICLE

Article 1

Article 1 establishes the Hippocrates programme for a two-year period running from 1 January 2001.

Article 2

Article 2 sets the programme's general objectives within the context of the general objective set by Article 29 of the Treaty on European Union. The programme is to encourage cooperation between all the public and private organisations involved in preventing crime of all kinds, whether organised or not. It also provides for association of the States applying for accession in projects supported by the programme.

Article 3

Article 3 describes the organisations eligible for financing under the programme, and the conditions for admissibility of projects in terms of their European dimension, notably as regards the minimum number of Member States involved in organising projects. It also provides that the programme may finance specific projects or complementary measures that are conducive to its objectives.

Article 4

Article 4 specifies the types of project that may be co-financed under the programme.

Article 5

Article 5 specifies the general rules for financial management and the rules applicable to project financing.

Article 6

Article 6 governs the implementation of the programme, in cooperation with the Member States. Paragraph 3 sets out the implementing measures to be prepared by the Commission, and paragraph 4 states how these are to be considered by the programme committee. It also specifies the procedure applying to each major category of implementing measures. Paragraph 5 lays down general criteria for evaluating and selecting projects, so that potential organisers can be guided by them when preparing their projects. These criteria will be the basis for Commission proposals to approve or reject projects.

Article 7

Article 7 provides that the Commission will be assisted in the management of the programme by a committee consisting of one representative from each Member State. It specifies that representatives of the applicant countries may be invited to briefing sessions after the committee's meetings.

Article 8

Article 8 refers to the advisory procedure laid down by Decision 1999/468/EC.

Article 9

Article 9 refers to the management procedure laid down by Decision 1999/468/EC.

Article 10

Article 10 requires the Commission to undertake each year an evaluation of the actions carried out in implementing the programme and to report each year to the European Parliament and the Council on the implementation of the programme.

Article 11

Article 11 provides that the programme is to enter into force on the day of publication of the Decision in the Official Journal.

2000/0304 (CNS)

Proposal for a COUNCIL DECISION establishing a programme of incentives and exchanges, training and cooperation for the prevention of crime (Hippocrates)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 34(2)(c) thereof,

Having regard to the Commission initiative of ... 2000,

Having regard to the Opinion of the European Parliament,

Whereas:

(1) Article 29 of the Treaty on European Union states that the Union's objective is to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States, in particular in the field of prevention of crime, whether or not organised.

(2) The conclusions of the Tampere European Council call for cooperation in the fight against crime to be stepped up and for the possibility of establishing a programme financed by the Community to support this cooperation to be studied.

(3) Experience gained in managing the other intervention programmes financed by the Community, such as Oisin and Falcone, confirms the value of a similar instrument for crime prevention, to be charged to the budget of the European Communities.

(4) The optimum effectiveness of the intervention of the European Union will be ensured if it extends to all forms of crime, whether or not organised.

(5) The complexity of the phenomenon of crime in the Member States and the diversity of prevention policies already implemented by the Member States create a need for multidisciplinary approaches based on familiarity with crime.

(6) This programme, like the other programmes for cooperation in justice and home affairs, is open to the applicant countries with a view to facilitating their participation in the projects supported by the programme.

(7) In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, the measures needed for the implementation of this Decision specified in Article 3(1) and the second subparagraph of Article 3(4) should be adopted by the advisory procedure laid down by Article 3 of Decision 1999/468/EC.

(8) The measures needed for the implementation of this Decision specified in the first subparagraph of Article 3(4) and the first indent of Article 6(3) being management measures within the meaning of Article 2 of Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, they should be taken by the management procedure laid down by Article 4 of Decision 1999/468/EC,

HAS ADOPTED THIS DECISION:

Article 1

Establishment of the programme

1. This decision establishes a programme of cooperation in the prevention of crime, to be known as "Hippocrates".

2. The programme is established for a period of two years running from 1 January 2001 to 31 December 2002.

Article 2

Programme objectives

1. The programme shall contribute to the general objective of providing citizens with a high level of protection in an area of freedom, security and justice. Within this framework, it is intended to encourage cooperation between all the public and private organisations in the Member States involved in the prevention of crime, whether or not organised.

2. The applicant countries may participate in projects in order to familiarise themselves with the Union acquis in this area and help them prepare for accession. Other third countries may also participate where this serves the aims of the projects.

Article 3

Access to the programme

1. The programme shall co-finance projects submitted by public or private organisations in the European Union involved in the prevention of crime.

2. To be eligible for co-financing, the projects must involve at least three Member States, or two Member States and one applicant country, and have the objectives mentioned in Article 2.

3. The programme may also finance:

- specific projects of particular interest in terms of the programme's priorities or cooperation with the applicant countries;

- complementary measures such as seminars, meetings of experts or other activities to disseminate the information obtained under the programme.

Article 4

Activities of the programme

The programme shall comprise the following types of project:

- Training;

- Exchanges and placements;

- Studies and research;

- Meetings and seminars;

- Dissemination of the results obtained within the framework of the programme.

Article 5

Financing the programme

1. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

2. The co-financing of a project by the programme shall be exclusive of any other financing by another programme financed by the budget of the European Communities.

3. Financing decisions shall be followed by grant contracts between the Commission and the organisers. The financing decisions and contracts arising therefrom shall be subject to financial control by the Commission and to audits by the Court of Auditors.

4. The proportion of financial support from the Community budget shall not exceed 70% of the cost of the project.

5. However, the specific projects and complementary measures mentioned in Article 3(4) can be financed to 100%, up to a ceiling of 10% of the total financial package allocated annually to the programme for each of the two categories.

Article 6

Implementation of the programme

1. The Commission shall be responsible for the management and implementation of the programme, in cooperation with the Member States.

2. The programme shall be managed by the Commission in accordance with the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities.

3. To implement the programme, the Commission shall:

- prepare an annual work programme comprising specific objectives, thematic priorities and, if necessary, a list of specific projects and supplementary measures;

- evaluate and select the projects presented by the organisers mentioned in Article 3.

4. The Commission shall submit to the Committee mentioned in Article 7 the draft measures to be taken to implement the project. Examination of the drafts presented by the organisers and of the supplementary measures shall be carried out in accordance with the advisory procedure mentioned in Article 8. Examination of the annual work programme and the specific projects shall be carried out in accordance with the management procedure mentioned in Article 9.

5. The Commission shall evaluate and select projects submitted for financing under the programme on the basis of the following criteria:

- Conformity with the programme's objectives;

- Whether the project has a European dimension and is open to participation by the applicant countries;

- Compatibility with the work undertaken or planned within the framework of the European Union's political priorities on crime prevention;

- Complementarity with other past, present or future cooperation projects;

- Ability of the organiser to implement the project;

- The inherent quality of the project in terms of its conception, organisation, presentation and expected results;

- The amount of the subsidy requested under the programme and whether it is proportionate with the expected results;

- The impact of the expected results on the programme's objectives.

Article 7

Committee

1. The Commission shall be assisted by a Committee to be known as the "Hippocrates Committee", composed of the representatives of the Member States and chaired by a representative of the Commission.

2. The Committee shall adopt its rules of procedure on a proposal by the chair.

3. The Commission may invite representatives from the applicant countries to briefing sessions after the Committee's meetings.

Article 8

Advisory procedure

Where this Article is referred to, the advisory procedure laid down by Article 3 of Decision 1999/468/EC shall apply, subject to compliance with Article 7(3) of that Decision.

Article 9

Management procedure

1. Where this Article is referred to, the advisory procedure laid down by Article 4 of Decision 1999/468/EC shall apply, subject to compliance with Article 7(3) of that Decision.

2. The period referred to in Article 4(3) of Decision 1999/468/EC shall be three months.

Article 10

Evaluation

1. The Commission shall undertake each year an evaluation of the actions carried out in implementing the programme for the previous year.

2. Each year the Commission shall report to the European Parliament and the Council on the implementation of the programme. The first report shall be presented before 31 July 2002.

Article 11

Entry into force

This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.

This Decision is addressed to the Member States.

Done at Brussels,

For the Council

The President

FINANCIAL STATEMENT

1. Title of operation

Proposal for a Council Decision establishing a programme of incentives and exchanges, training and cooperation for the prevention of crime (Hippocrates)

2. Budget Heading(s) Involved

B5-820

3. Legal Basis

Article 34 TEU

4. Description of operation

4.1 General objective

The aim of the operation is to support the European crime-prevention strategy established as an objective of the European Union by Article 29 of the Treaty on European Union. It is one of the means of achieving an area of freedom, security and justice in the Union via closer and more effective cooperation in crime prevention. It follows up points 41 and 42 of the conclusions of the Tampere European Council of 15-16 October 1999, which call for closer cooperation in this area and for study of the possibility of a programme financed by the Community.

The Commission has also presented a general communication, concluding among other things that it was necessary to establish a financial instrument to support the European strategy it proposed.

The purpose of this instrument, known as the "Hippocrates Programme", is to encourage cooperation between all the public and private organisations in the Member States involved in preventing crime of all kinds, whether organised or not. The programme is widely accessible to all partners concerned on a multidisciplinary basis.

The programme is to co-finance training, programmes of exchanges and placements, the organisation of meetings and seminars, studies and research and the dissemination of the results obtained under the programme.

4.2 Period covered and arrangements for renewal

The programme is envisaged for a period of two years (2001-02). This is in order to study the feasibility of merging the existing programmes (Grotius, Oisin and Stop) into a single programme governed by Title VI of the EU Treaty, into which Hippocrates will then also be incorporated.

5. CLASSIFICATION OF EXPENDITURE OR REVENUE

5.1 Non-compulsory expenditure

5.2 Differentiated appropriations

5.3 EXPENDITURE: EUR2 million

6. Type of expenditure or revenue

- subsidy for co-financing with other public or private sector sources for projects up to 70% of the cost of the project.

- 100% subsidy for specific projects on priority aspects of European interest and for supplementary measures, up to a limit of 10% of the annual budget for each of the two categories.

7. Financial impact

7.1 Method of calculating total cost of operation (relation between individual and total costs)

The amount foreseen for the implementation of the programme for the period 2001 to 2002 is EUR2 million.

It corresponds to an estimate of the appropriations needed to launch a new project which in the first two years is inevitably a pilot programme. This estimate is based on the proportion of crime-prevention projects supported in the last two years under existing programmes (mainly Oisin and Falcone). The proportion, of between 20% and 25%, when related to the annual amount devoted to those two programmes (EUR5 million), prompts an estimate of an annual EUR1 million for the Hippocrates programme.

7.2 Itemised breakdown of cost

The itemised breakdown will depend on the projects presented by the Member States. The programme will be managed through annual work programmes which will seek to focus on the need for balance between seminars and conferences on the one hand and exchanges, studies and research on the other, in accordance with the conclusions from the other programmes managed by DG JAI in 1999/2000. It will also be desirable to put the accent on studies and research in an area where the acquisition of knowledge of the phenomena of crime is essential for the implementation of the Community strategy. The breakdown for 2001-02 could accordingly be as follows:

Commitment appropriations EUR million (at current prices)

>TABLE POSITION>

7.3 Operational expenditure for studies, experts etc. included in Part B of the budget

Not applicable.

7.4 Schedule of commitment and payment appropriations

Commitment appropriations EUR million

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8. Fraud prevention measures

The general anti-fraud provisions apply. In addition, on-the-spot sampling checks are planned.

9. Elements of cost-effectiveness analysis

9.1 Specific and quantified objectives; target population

- Specific objectives: beyond the general objective of promoting cooperation in crime prevention, the Hippocrates programme will operate with annual work programmes setting priorities linked as closely as possible to the scoreboard for the review of progress in the creation of an area of freedom, security and justice in the European Union (Commission Communication to the Council and the European Parliament). Without prejudging the first work programme, to be decided on by the programme management committee, the following are probable avenues to be explored:

- Increasing familiarity with the phenomena of crime in the Member States, both organised crime and crime more generally;

- Promoting common prevention practices in the Member States;

- Establishing working relations and mutual trust between prevention services on a multidisciplinary basis;

- Encouraging discussions on the improvement of cooperation and on experimental working methods;

- Comparing crime trends and the effectiveness of prevention methods;

- Disseminating information on the results of projects at European level.

- Target population: all the public and private organisations in the Member States involved in preventing crime, with the possibility of associating partners in the applicant countries and services or experts in other Member States whose participation is necessary for the implementation of the programme. For seminars and conferences, the final beneficiary is generally an organisation in a Union Member State or, in exceptional cases, a public organisation in an applicant country, in association with organisers in two Member States. For studies and research, the final beneficiary may be a public or private establishment or even an independent expert. In this event, the procedures applicable to public procurement will determine the recipient of financing.

9.2 Grounds for the operation

- Need for Community budgetary intervention, particularly in view of the subsidiarity principle: contribute to the attainment of the objectives set by the Amsterdam Treaty and the Tampere European Council regarding crime prevention, promote the development of professional relationships between organisations in the Member States on a multidisciplinary basis, facilitate networking of promoters, ensure transnationality and disseminate the results at European level.

- Choice of ways and means

* advantages compared with the alternative measures (comparative advantages): Europe-wide dissemination of results, response at European level to the needs of operators, greater coordination between the target populations.

* analysis of similar projects that may have been carried out at Community or national level: at Community level there are no other specific projects; at national level projects are limited, so that it is not possible to set up a network and disseminate good practice throughout the European area.

* expected secondary and multiplier effects: synergy and added value at European level.

- Main factors of uncertainty which could affect the specific results of the operation. Experience with earlier projects proves that there are none. On the contrary, there has been growing demand from the Member States for several years, highlighted at seminars organised with support from the European Union (e.g. the ministerial conference on prevention questions organised under the Portuguese Presidency in May 2000), and an increased sensitivity at European level to this type of action with a view to creating an area of freedom, security and justice in Europe.

9.3 Monitoring and evaluation of the operation

- Performance indicators

* output indicators (measuring activities used): analysis and dissemination of the results of the projects; creation of transnational partnerships;

* impact indicators (measuring performance against objectives): improved knowledge of the phenomena of crime (number of studies and research projects, and quality both in absolute terms and in terms of the programme's objectives), increased number of practical forms of cooperation (number of training sessions, exchanges, conferences and seminars), effective dissemination of the results of projects financed by the programme;

- Details and frequency of planned evaluation: annual comprehensive internal evaluation; comprehensive external evaluation;

- Assessment of the results obtained (where the operation is to be continued or renewed). Independent favourable internal and external evaluation, results in line with the objectives, need to continue the activities undertaken, increasing demand from the promoters.

10. Administrative expenditure (Section III, Part A of the budget)

The necessary human and administrative resources are to be covered from within the managing DG's allocation.

10.1 Effect on the number of posts

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For additional resources, indicate at what rate they would need to be made available.

10.2 Overall financial impact of additional human resources

EUR

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The amounts are the total cost of additional posts for the entire duration of the operation, if this duration is predetermined, or for 12 months if it is indefinite.

10.3 Increase in other administrative expenditure as a result of the operation, especially costs relating to meetings of committees and groups of expert 3 2 1s]]]

[1]

[2]

[3]

EUR

>TABLE POSITION>

The amounts are the total cost of the operation for the entire duration of the operation, if this duration is predetermined, or for 12 months if it is indefinite.