Actions started before 31 December 2006 pursuant to that Decision shall continue to be governed, until
their completion, by that Decision. The committee provided for in Article 7 thereof shall be replaced by the
one provided for in Article 10 of the present Decision.
Article 17
Entry into force
This Decision shall enter into force on the twentieth day following that of its publication in the Official
Journal of the European Union. It shall apply from 1 January 2007, with the exception of Articles 8(2)(3)
and 10 bis that shall apply at the date when the present Decision shall take effect.
Done at Brussels,
For the Council
The President
P6_TA(2006)0596
Prevention of and Fight against Crime (Programme on Security and Safeguarding
Liberties) *
European Parliament legislative resolution on the proposal for a Council decision establishing
the Specific Programme ‘Prevention of and Fight against Crime’ for the period 2007-2013,
General Programme ‘Security and Safeguarding Liberties ’(COM(2005)0124 —C6-0242/2005 —
2005/0035(CNS))
(Consultation procedure)
The European Parliament,
—having regard to the Commission proposal (COM(2005)0124) (1),
—having regard to Article 34(2)(c) of the EU Treaty,
—having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament
(C6-0242/2005),
—having regard to Rules 93 and 51 of its Rules of Procedure,
—having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the
opinion of the Committee on Budgets (A6-0389/2006);
1. Approves the proposal as amended;2. Considers that the indicative financial reference amount indicated in the legislative proposal must be
compatible with the ceiling of heading 3 A of the new multi-annual Financial Framework and points outthat the annual amount will be decided within the annual budgetary procedure in accordance with the provi-sions of point 38 of the Interinstitutional Agreement between the European Parliament, the Council and theCommission on budgetary discipline and sound financial management of 17 May 2006 (
2);23.12.2006 C 317 E/856 Official Journal of the European Union
Thursday, 14 December 2006EN
(1) Not yet published in OJ.
(2) OJ C 139, 14.6.2006, p. 1.
3. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;
4. Calls on the Council to notify Parliament again if it intends to depart from the text approved by
Parliament;
5. Calls on the Council to consult Parliament if it intends to amend the Commission proposal
substantially;
6. Instructs its President to forward its position to the Council and Commission.
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 1
Recital 1
(1) The Union's objective of providing citizens with a high
level of safety within an area of freedom, security and justiceshall be achieved, as provided for in the fourth indent ofArticle 2, and in Article 29 of the Treaty on European Union,by preventing and combating crime, organised or otherwise.(1) The Union's priority objective of providing citizens with a
high level of safety within an area of freedom, security andjustice shall be achieved, as provided for in the fourth indent ofArticle 2, and in Article 29 of the Treaty on European Union,by preventing and combating crime, organised or otherwise.
Amendment 2
Recital 2
(2) To protect the freedom and security of our citizens and
society from criminal activities, the Union must take the neces-sary measures to prevent, detect, investigate, and prosecute allforms of crime efficiently and effectively, most particularly incases with a trans-border element.(2) To protect the freedom and security of our citizens and
society from criminal activities, the Union must take the neces-sary measures to prevent, detect, investigate, and prosecute allforms of crime efficiently and effectively, most particularly incases of organised crime.
Amendment 3
Recital 5
(5) It is necessary and appropriate to extend the possibilities
for funding of measures aiming at the prevention of and thefight against crime, and to review the modalities in the interest
of efficacy, cost-efficiency and transparency.(5) It is necessary and appropriate to extend the possibilities
for funding of measures aiming at the prevention of and thefight against crime. Efforts will be made in particular to makethe best possible use of the relevant agencies by means of acapacity-building approach focusing on directly operationalaspects. The provisions of this programme should, further-
more, enable a review to be made of the modalities in the
interest of efficacy, cost-efficiency and transparency.
Amendment 4
Recital 9
(9) Since the objectives of the action to be taken, particularly
the prevention of and the fight against organised and trans-border crime, cannot be sufficiently achieved by the Member
States and can therefore, by reason of the scale or impact of
the initiative, be better achieved at the Union level, the Union
may adopt measures in accordance with the principle of subsi-diarity as set up in Article 5 of the Treaty establishing theEuropean Community. In accordance with the principle ofproportionality, as set out in that Article, this Decision does
not go beyond what is necessary to achieve those objectives.(9) Since the objectives of the action to be taken, particularly
the prevention of and the fight against organised and trans-border crime, cannot be sufficiently achieved by the Member
States and can therefore, by reason of the scale or impact of
the initiative, require action at the Union level, the Union may
adopt measures in accordance with the principle of subsidiarityas set up in Article 5 of the Treaty establishing the EuropeanCommunity. In accordance with the principle of proportion-ality, as set out in that Article, this Decision does not go
beyond what is necessary to achieve those objectives.23.12.2006 C 317 E/857 Official Journal of the European Union
Thursday, 14 December 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 5
Recital 11
(11) The expenditure of the programme should be compa-
tible with the ceiling under Heading 3 of the financial perspec-
tive. It is necessary to foresee flexibility in the definition of theprogramme to allow for eventual adjustments in any envisagedactions, in order to respond to the evolution of needs in thecourse of the period 2007-2013. The decision should,
therefore, be limited to the generic definition of envisaged
actions and their respective administrative and financialarrangements.(11) The expenditure of the programme should be compa-
tible with the ceiling under Heading 3 A of the financial frame-
work. It is necessary to foresee flexibility in the definition of theprogramme to allow for eventual adjustments in any envisagedactions, in order to respond to the evolution of needs in thecourse of the period 2007-2013.
Amendment 6
Article 3, paragraph 1, points a and b
(a)law enforcement
(b)crime prevention and criminology(a)crime prevention and criminology
(b)law enforcement aimed at countering criminal activity
and preventing criminals from enjoying the proceeds oftheir criminal activities
Amendments 7 and 8
Article 3, paragraph 2, point a
(a) to promote and develop coordination, cooperation and
mutual understanding among law enforcement agencies,other national authorities and related Union bodies;(a) to promote and develop coordination, cooperation and
mutual understanding among law enforcement agencies,other national, regional and local authorities, and related
Union bodies, inter alia, by rationalising their work,
enhancing their interoperability, fostering an increasein the number of Joint Investigation Teams coordi-nated by Europol and of counter-terrorism training andawareness-raising exercises based on cooperation betweenCepol and Europol;
Amendment 9
Article 3, paragraph 2, point b
(b) to stimulate, promote and develop horizontal methods and
tools necessary for strategically preventing and fightingcrime, such as public-private partnerships, best practicesin crime prevention, comparable statistics and appliedcriminology, and(b) to stimulate, promote and develop horizontal methods and
tools and the standardisation of the procedures necessary
for strategically preventing and fighting crime, such aspublic-private partnerships (in strict compliance with
current and future provisions in areas as sensitive as dataretention and protection), best practices in crime preven-
tion, comparable statistics and applied criminology , inter
alia through the development of an independent bench-marking tool, and23.12.2006 C 317 E/858 Official Journal of the European Union
Thursday, 14 December 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 10
Article 3, paragraph 2, point c
(c) to promote and develop best practices for the protection of
crime victims and witnesses.(c) to promote and develop best practices for the protection of
crime victims and witnesses, inter alia by laying thefoundations for a permanent compensation fund
over and above the various national systems, to provide a
guaranteed common minimum level of protection andcompensation;
Amendment 11
Article 3, paragraph 2, point c a (new)
(ca) to promote, within suitable projects, the concept of ‘citi-
zens' involvement’ and to foster initiatives based on the
active involvement of civil society and its actors inimproving overall security.
Amendment 12
Article 3, paragraph 3
3. The programme does not deal with judicial cooperation.
However, it may cover actions aiming at cooperation among
judicial authorities and law enforcement authorities.3. The programme does not deal with judicial cooperation.
However, it may cover actions aiming at cooperation among
judicial authorities and law enforcement authorities and invol-
ving, inter alia, the establishment under the cooperationarrangements between Europol and Eurojust of a permanentemergency legal assistance unit responsible for determining,on the basis of the situation leading to the referral, which
legal basis may be used to extend police and/or security
service operations in full compliance with the law .
Amendment 26
Article 5, paragraph 1
1. The programme is destined for law enforcement agencies,
other public and/or private bodies, actors and institutions,including local, regional and national authorities, social part-ners, universities, statistical offices, media, non-governmental
organisations, public-private partnerships and relevant inter-
national bodies.1. The programme is destined for law enforcement agencies,
other public and/or private bodies, actors and institutions,including local, regional and national authorities, social part-ners, universities, statistical offices, media, non-governmental
organisations, relevant international bodies and public-private
partnerships, provided that the latter are restricted to thecontext of the thematic areas referred to in Article 3, para-graph 1, points (b) and (c), and are subject to strict controlfrom the point of view of respect for fundamental rights,including the right to personal data protection.
Amendment 13
Article 6, paragraph 1
1. Union financial support may take the following legal
forms:
(a) Grants,(b) Public procurement contracts.1. Union financial support may take the following legal
forms within the meaning of Articles 108 and 88 of Council
Regulation (EC, Euratom) No 1605/2002 of 25 June 2002,(hereafter ‘the Financial Regulation’):
(a) Grants,
(b) Public procurement contracts.23.12.2006 C 317 E/859 Official Journal of the European Union
Thursday, 14 December 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 14
Article 6, paragraph 2 a (new)
2a. Access to funding shall be facilitated by the applica-
tion of the principle of proportionality as regards the docu-ments to be supplied and by the creation of a database for
the submission of applications.
Amendment 15
Article 3, paragraph 3 a (new)
3a. The Commission shall, as far as possible, simplify
procedures and ensure that calls for proposals provided for in
this programme do not entail a bureaucratic burden forpromoters of the projects proposed. Calls for proposals may,where appropriate, be organised in two stages, the first ofwhich would only require information that was strictly neces-
sary for a proper assessment of the project to be sent.
Amendment 16
Article 7, paragraph 5, point d
(d) geographic impact of the activities carried out; (d) geographic and social impact of the activities carried out;
Amendment 17
Article 9
1. Where reference is made to this Article, the representa-
tive of the Commission shall submit to the Committee a draft
of the measures to be taken. The Committee shall deliver itsopinion on the draft, within a time limit which the Chairmay lay down according to the urgency of the matter, ifnecessary by taking a vote.
2. The opinion shall be recorded in the minutes; each
Member State may request that its position be recorded inthe minutes.
3. The Commission shall take the utmost account of the
opinion delivered by the Committee. It shall inform theCommittee of the manner in which the opinion has beentaken into account.Where reference is made to this Article, Articles 3 and 7 of
Council Decision 1999/468/EC.
Amendment 18
Article 14, paragraph 1 a (new)
1a. The Commission shall ensure that the actions provided
for under this Decision are subject to ex ante evaluation,monitoring and ex post evaluation. It shall ensure that the
programme is accessible and is implemented in a transparent
manner.23.12.2006 C 317 E/860 Official Journal of the European Union
Thursday, 14 December 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 19
Article 14, paragraph 2
2. The Commission shall ensure regular, independent and
external evaluation of the programme.2. The Commission shall ensure regular, independent and
external evaluation of the programme. It shall also hold
regular exchanges of views with programme beneficiaries onthe design, implementation and follow-up of the programme.
Amendments 20 and 21
Article 14, paragraph 3
3. The Commission shall submit to the European Parliament
and the Council:
(a) an interim evaluation report on the results obtained and
the qualitative and quantitative aspects of the implementa-
tion of this programme no later than 31 March 2010;
(b) a Communication on the continuation of the programme
no later than 31 December 2010;
(c)anex-post evaluation report no later than 31 March 2015.3. The Commission shall submit to the European
Parliament, the Council, the European Economic and SocialCommittee, the Committee of the Regions and the nationalparliaments:
(-a) succinct yearly reports including such information as is
necessary to measure the programme's success in quan-titative terms;
(a) three years after adoption of this Decision, an interim
evaluation report on the results obtained and the qualita-
tive and quantitative aspects of the implementation of thisprogramme;
(b) four years after adoption of this Decision, a Communica-
tion on the continuation of the programme;
(c) no later than 31 March 2015, a detailed ex-post evalua-
tion report on the implementation and outcome of the
programme after its completion.
Amendment 22
Article 14 a (new)
Article 14a
Equal treatmentOrganisations in receipt of an operating grant by virtue of
this programme may take part in calls for proposals for other
programmes, without however being entitled to preferentialtreatment vis-à-vis other organisations financed frombudgets other than that of the EU.
Amendment 23
Article 14 b (new)
Article 14b
Acknowledgement of fundingAll institutions, association or activities in receipt of a grant
under this programme have the obligation to acknowledge
the support granted by the European Union. To this end theCommission shall lay down detailed visibility guidelines.23.12.2006 C 317 E/861 Official Journal of the European Union
Thursday, 14 December 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 24
Article 14 c (new)
Article 14c
Dissemination of resultsWith a view to fostering the dissemination of results, the
tools generated by the projects funded under this programme
and relating in particular to crime statistics and data shallbe made available to the public free of charge by electronicmeans.
Amendment 25
Article 14 d (new)
Article 14d
Publication of projectsEach year, the Commission, together with the Member States,
shall publish a list of the projects financed under this
programme, with a short description of each project.
P6_TA(2006)0597
Development of the second generation Schengen Information System (SIS II)
(regulation) *
European Parliament legislative resolution on the proposal for a Council Regulation amending
Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information
System (SIS II) (COM(2006)0383 —C6-0296/2006 —2006/0125(CNS))
(Consultation procedure)
The European Parliament,
—having regard to the Commission proposal to the Council (COM(2006)0383) (1),
—having regard to Article 66 of the EC Treaty, pursuant to which the Council consulted Parliament
(C6-0296/2006),
—having regard to Rule 51 of its Rules of Procedure,
—having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs
(A6-0410/2006);
1. Approves the Commission proposal;2. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;
3. Asks the Council to consult Parliament again if it intends to amend the Commission proposal
substantially;
4. Instructs its President to forward its position to the Council and Commission.
(1) Not yet published in OJ.23.12.2006 C 317 E/862 Official Journal of the European Union
Thursday, 14 December 2006EN