Proposal for a Council Decision on a Joint Action adopted by the Council introducing a programme of training, exchanges and cooperation in the field of asylum, immigration and crossing of external borders (Odysseus programme) (97/C 267/12) (Text with EEA relevance) COM(97) 364 final

(submitted by the Commission on 9 July 1997)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles K.3 (2) (b) and K.8 (2) thereof,

Having regard to the proposal from the Commission,

Whereas the Member States consider as matters of common interest:

- asylum policy,

- the rules governing the crossing by persons of external borders of the Member States and the exercise of controls thereon, including matters concerning the security of identity documents, and

- immigration policy and policy regarding nationals of third countries;

Whereas the establishment of a framework for training, information, study and exchange activities will serve to improve the effectiveness of cooperation between the administrations of the Member States in the above areas;

Whereas incorporating the Sherlock programme (1) into the Odysseus programme will make it possible to coordinate cooperation in the areas concerned more closely and to achieve economies of scale in the running of the two programmes without impairing the Sherlock programme;

Whereas extension of the cooperation between the Member States and the non-member countries which are applying for accession as a measure to prepare for their accession will help the applicant countries to attain the Union's standards in the fields covered by the programme;

Whereas, thanks to the economies of scale and cumulative effects implicit in the intended measures, these objectives can be achieved more effectively at Union level than at the level of the individual Member States;

Whereas this joint action will not prejudice the powers of the Community, and will not therefore detract from the conduct of the Phare programme nor from the Community measures taken in implementation of vocational training policy, in particular the Leonardo da Vinci programme,

HAS ADOPTED THIS JOINT ACTION:

CHAPTER I GENERAL

Article 1 Principle and objectives

1. A programme (the 'Odysseus programme`) of training, exchange and cooperation in the field of asylum, immigration and the crossing of external borders within the meaning of the definitions in Article 2, which shall qualify for Community financial support, is hereby established for the period from 1997 to 2001.

2. For the purposes of setting priorities in the annual programme of measures, account shall be taken of:

- Article K.3 (1) of the Treaty on European Union,

- the existence of Community or Union legislation already in force,

- the existence of proposals for legislation already under discussion, to anticipate their entry into force by means of cooperation between administrations,

- priorities set by the Council for cooperation in the fields of justice and home affairs,

- any other cooperation required for the purposes of CRSK.3 (1).

3. Without prejudice to the powers of the Community, the general objective of the Odysseus programme shall be to extend existing cooperation in the matter of asylum, immigration, the crossing of external borders and the security of identity documents, and cooperation with non-member countries applying for accession, by means of multiannual programming.

Article 2 Definitions

1. For the purpose of the Odysseus programme the following definitions shall apply to the measures referred to in Article 1 (2):

- training measures: organisation of seminars focusing on theoretical and practical knowledge,

- exchange measures: period spent by officials in a Member State other than their own for the purpose of comparing their practice with that of their counterparts there;

- studies and research: work of an educational nature involving the design and dissemination of teaching material or other documents such as databases and directories.

2. For the purposes of the Odysseus programme 'identity documents` shall be taken to mean the documents issued by the Member States and non-member countries, principally to enable the holders thereof to prove their identity and to cross an external frontier, if need be.

Article 3 Training

In the field of training, the Odysseus programme shall focus on:

- training for instructors,

- specialist training, in particular advanced courses for decision-makers, and courses designed for those in charge of training.

Article 4 Exchanges

Exchanges under the Odysseus programme shall take the form in particular of placements of limited duration within the national administrative departments responsible for the matters to which the programme relates.

Article 5 Studies and research

1. The Odysseus programme shall comprise the design, production and dissemination of teaching material to disseminate training schemes.

2. Ways of improving the circulation of information in the areas to which the programme relates may also be a matter for study and research.

CHAPTER II STRUCTURE

Article 6 Asylum

1. In the field of asylum, measures shall focus primarily on:

- coordinated application of the Dublin Convention of 15 June 1990 determining the State responsible for examining applications for asylum lodged in one of the Member States of the European Communities, after its entry into force,

- close cooperation between competent national administrations and bodies.

2. Projects may be taken into consideration under the heading of measures focusing on a coordinated application of the Dublin Convention if they have the following objectives:

- the coordinated application of the procedures, time limits, evidence, and other practical problems of applying the Convention,

- the application of other legal instruments relating to asylum.

3. Projects may be taken into consideration under the heading of measures focusing on close cooperation between competent national administrations and bodies responsible for matters of asylum if they are concerned in particular with the following areas:

- procedures for examining asylum requests at first instance (standard or accelerated) and appeal procedures,

- systems of documentation on countries of origin,

- conditions for reception of asylum-seekers, including their rights and obligations,

- alternatives to refugee status, including temporary protection,

- cooperation between the various bodies involved (asylum request scrutiny departments, welfare departments, border control services, etc.) and the role of the UNHCR and NGOs,

- treatment of asylum-seekers whose requests have been rejected.

Article 7 Immigration

Projects may be taken into consideration under the heading of measures in the field of immigration of nationals of non-member countries if they are concerned with the following rates:

- admission of non-member country nationals, and in particular conditions for entry, conditions for travel within the Union, residence rules, family unification, access to employment and to activity as self-employed persons, whether or not salaried,

- combating illegal immigration, and in particular combating illegal entry, residence and employment, and the organisation of the expulsion and repatriation of illegal immigrants.

Article 8 Crossing of external borders

Projects may be taken into consideration under the heading of measures to monitor the crossing of external borders if they are concerned with organising the practicalities of controls, including matters concerning the security of identity documents. Special attention will be paid to addressing problems on a thematic basis (in particular by type of border) or on a geographical basis.

Article 9 Cooperation with applicant countries

Specific subprogrammes in the areas listed in Articles 6 to 8 shall be set up in each annual programme to prepare the applicant countries for accession in those areas. Special attention shall be paid to transposal into national law and application by civil servants on the ground.

Measures shall be targeted on familiarization with the Union in order to help the applicant countries to take the measures needed to implement Union standards.

CHAPTER III FINANCIAL PROVISIONS

Article 10 Financing criteria

To qualify for Community finance, projects must be of demonstrable interest to the European Union and involve at least three Member States.

Projects may involve States applying for accession where the aim is to prepare for their accession and may involve other non-member countries where their involvement is conducive to the attainment of the projects' objectives.

Article 11 Financial control

The financing decisions and the contracts arising therefrom shall provide for monitoring and financial control by the Commission and audits by the Court of Auditors.

Article 12 Level of Community finance

1. All types of expenditure which are directly chargeable to the implementation of the measure and have been incurred over a specific, contractually defined period shall be eligible.

2. The proportion of financial support from the Community shall not exceed 60 % of the total cost of the programme save in exceptional cases where, subject to the procedures laid down in Chapter IV of this joint action, it shall not exceed 80 %.

3. Translation and interpreting costs, computing costs and expenditure on durables or consumables shall not be considered unless they are essential for the realisation of the project and shall be financed only up to a limit of 50 % of the grant, or 80 % in cases where the nature of the project makes them indispensable.

4. Expenditure relating to premises, collective facilities and the salaries of officials of the State and public bodies shall be eligible only if it corresponds to irregular postings and tasks, specifically connected with the implementation of the project.

Article 13 Rules of procedure

1. Measures incorporated in the programme and financed by the budget of the Communities shall be managed by the Commission in conformity with the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (2).

2. When presenting financing proposals, the Commission shall take account of the principles of sound financial management and in particular of economy and cost-effectiveness as required by Article 2 of the Financial Regulation.

CHAPTER IV MANAGEMENT AND MONITORING

Article 14 Devising of programme

1. The Commission shall be responsible for managing and monitoring the programme and shall take such measures as are necessary to this effect.

2. The Commission shall draw up a draft annual programme comprising a breakdown of the appropriations available and based on thematic priorities corresponding to the structure and objectives of the Odysseus programme. The annual programme shall cover the three areas referred to in Articles 6, 7 and 8, but may give preference to one of these if so required to meet the needs of the national administrations.

To this effect, the Commission shall scrutinise the projects submitted to it in the light of the criteria specified in Article 1 (2), with due account for the innovative character of the proposal measure and of the overall consistency of the programme.

Article 15 Implementation

1. The Commission shall be assisted by a committee consisting of a representative of each Member State and chaired by a representative of the Commission.

2. The Commission shall submit to the Committee the draft annual programme, together with a plan for the allocation of the available appropriations to the various areas of the programme and proposals for implementing rules and evaluations. The Committee shall deliver its opinion unanimously within two months. That time limit may be reduced in the event of urgency. The Chairman shall not vote.

If a favourable opinion is not given within the time limit, the Commission shall either withdraw its proposal or present a proposal to the Council, which shall decide unanimously within two months.

Article 16 Management

1. Projects for which finance is requested shall be submitted to the Commission for scrutiny no later than 31 March of the budgetary year in which they are to be booked.

2. Where finance of less than ECU 50 000 is requested, the Commission representative shall present the project to the Committee provided for in Article 15 (1). The Committee, acting by the majority provided for in the second subparagraph of Article K.4 (3) of the Treaty on European Union, shall give an opinion on the project within a time limit set by the Chairman according to the level of urgency. The opinion shall be recorded in the Committee's minutes, and each Member State may ask that its position be recorded likewise. The Chairman shall not vote.

The Commission shall have the fullest regard for the Committee's opinion. It shall inform the Committee of the action taken on its opinion.

3. Where finance of more than ECU 50 000 is requested, the Commission representative shall present a list of the projects submitted for the annual programme to the Committee provided for in Article 15 (1). It shall specify which projects it has selected and give reasons. The Committee, acting by the majority provided for in the second subparagraph of Article K.4 (3) of the Treaty on European Union, shall give an opinion on the projects within two months. The Chairman shall not vote. If a favourable opinion is not given within the time limit, the Commission shall either withdraw the projects in question or present them, together with the Committee's opinion, to the Council, which, acting by the majority provided for in the second subparagraph of Article K.4 (3) of the Treaty, shall decide within two months.

Article 17 Evaluation

1. The Commission shall be responsible for organising an evaluation of the programme by impartial experts unconnected with the programme.

2. Each year, the Commission shall address a report to Parliament and the Council recapitulating the measures taken during the previous year.

Article 18

Council Joint Action 96/637/JHA of 28 October 1996 introducing a programme of training, exchanges and cooperation in the field of identity documents ('Sherlock`) is hereby rescinded.

Article 19

This Joint Action shall enter into force on the day of its adoption.

It shall be published in the Official Journal of the European Communities.

(1) Joint Action 96/637/JHA of 28 October 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European Union introducing a programme of training, exchanges and cooperation in the field of identity documents ('Sherlock`) (OJ L 287, 8. 11. 1996).

(2) OJ Financial Regulation (OJ L 356, 31. 12. 1977, p. 1), as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 of 18 September 1995 (OJ L 240, 7. 10. 1995, p. 12).