A4-0017/98

Proposal for a Council Decision on a joint action establishing a programme of exchanges, training and cooperation for persons responsible for action to combat organized crime (Falcone programme) (COM(97)0528 - 11778/97 - C4-0572/97 - 97/0916(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Title

>Original text>

Proposal for a Council Decision on a joint action establishing a programme of exchanges, training and cooperation for persons responsible for action to combat organized crime (Falcone Programme)

>Text following EP vote>

Proposal for a Council Decision on a joint action establishing a programme of exchanges, training and cooperation for persons responsible for action to combat organized crime

, other persons with such responsibility or persons who may be involved in the implementation of certain recommendations of the action plan to combat organized crime (Falcone Programme)

(Amendment 2)

Recital 9a (new)

>Original text>

>Text following EP vote>

Whereas on 24 October 1996 an agreement on commitology was concluded between the European Parliament and the Commission(1), in which the Commission undertook in particular to keep Parliament fully informed of the decisions taken by the committees and to require from all members of committees a declaration that there is no conflict between their membership of the committee concerned and their personal interests;

(1) Incorporated in European Parliament resolution of 24 October 1996 - OJ C 347, 18.11.1996, p.111.

(Amendment 3)

Article 1(1)

>Original text>

1. A programme (Falcone) to promote coordinated measures for those responsible for the fight against organized crime, to facilitate the implementation and monitoring of the action plan to combat organized crime, is hereby established for the period 1997 to 2001.

>Text following EP vote>

1.

A programme (Falcone) to promote coordinated measures for those responsible for the fight against organized crime, for other persons with such responsibility or for persons who may be involved in the implementation of certain recommendations of the action plan to combat organized crime, and to facilitate the implementation and monitoring of the action plan to combat organized crime is hereby established for the period 1998 to 2002.

(Amendment 4)

Article 1(2)

>Original text>

2. For the purposes of this joint action, 'persons responsible for the fight against organized crime' means the following categories of persons inasmuch as they have responsibilities in the area concerned under their national legislation; judges, public prosecutors, police and customs departments, civil servants, public tax authorities, authorities responsible for the supervision of financial establishments and public procurement, including the fight against fraud and corruption, and representatives of professional circles who may be involved in the implementation of some of the recommendations in the action plan.

>Text following EP vote>

2.

For the purposes of this joint action,

- 'persons responsible for the fight against organized crime' means the following categories of persons inasmuch as they have responsibilities in the area concerned under their national legislation; judges, public prosecutors, police and customs departments, civil servants, public tax authorities, authorities responsible for the supervision of financial establishments and public procurement, including the fight against fraud and corruption,

>Original text>

>Text following EP vote>

- 'other persons with responsibility for the fight against organized crime' means those categories of persons who are responsible, in their activity at national, regional or local level, for the cultural climate in a society (e.g. in schools or universities) or for the possibilities of self-organization within the society (e.g. in the area of NGOs),

>Original text>

>Text following EP vote>

- 'persons who may be involved in the implementation of certain recommendations of the action plan to combat organized crime', means representatives of the following professions: solicitors, barristers, accountants and auditors.

(Amendment 27)

Article 1(3), 3rd indent

>Original text>

- programme of courses, organization of meetings and seminars;

>Text following EP vote>

-

programme of courses, organization of seminars;

(Amendment 5)

Article 1(4)

>Original text>

4. Operations financed under this programme shall preclude cumulative recourse to any other Title VI programme under the EU Treaty and other Community financing programmes, with the exception of Community programmes specifically aimed at supporting the efforts of applicant countries for accession to the European Union.

>Text following EP vote>

4. The co-financing of operations under this programme shall complement the funding intended for other Title VI programmes under the EU Treaty and other Community financing programmes including those under the EC Treaty, with the exception of Community programmes specifically aimed at supporting the efforts of applicant countries for accession to the European Union.

(Amendment 6)

Article 1(4a) (new)

>Original text>

>Text following EP vote>

4a. In so far as other persons with responsibility for the fight against organized crime or persons who may be involved in the implementation of certain recommendations of the action plan to combat organized crime are to be involved in this programme, the relevant national, regional or local authorities or the professional associations representing them, which are required to make a substantial financial contribution to the participation of these persons in the relevant projects, shall be asked to give their prior assent.

(Amendment 7)

Article 2, indent 2

>Original text>

- preparation of teaching modules for actions involving training, exchanges and training courses, conferences or seminars organized under this programme.

>Text following EP vote>

-

preparation of teaching modules for actions involving training, exchanges and training courses or seminars organized under this programme.

(Amendment 8)

Article 3, 2nd paragraph

>Original text>

Specific expert missions may be eligible in the framework of the implementation of the mechanism for the mutual assessment of national provisions relating to the fight against organized crime covered by the action plan on organized crime.

>Text following EP vote>

Specific expert missions

shall be eligible in the framework of the implementation of the mechanism for the mutual assessment of national provisions relating to the fight against organized crime covered by the action plan on organized crime.

(Amendment 28)

Article 4, introduction

>Original text>

For training courses, exchanges and the organization of meetings and seminars, projects having the following aims may be eligible:

>Text following EP vote>

For training courses, exchanges and the organization of seminars, projects having the following aims may be eligible:

(Amendment 9)

Article 5, introduction

>Original text>

For feasibility studies and research, projects having the following aims may be eligible:

>Text following EP vote>

For feasibility studies and research,

priority shall be given to those specifically recommended in the action plan; in addition projects having the following aims may be eligible:

(Amendment 10)

Article 5, indent 1

>Original text>

- definition of common standards and methodology to facilitate identification of the phenomenon and data collection,

>Text following EP vote>

-

definition of common standards and methodology to facilitate identification of the phenomenon and data collection while taking account of the relevant data protection laws in the Member States,

(Amendment 11)

Article 5, indent 4a (new)

>Original text>

>Text following EP vote>

- comparison and assessment of the instruments and procedures for combating organized crime used by the applicant countries, where such research is considered essential in order to attain the objectives of the action plan to combat organized crime;

(Amendment 12)

Article 7(1)

>Original text>

1. Projects receiving Community financing must be of European interest and involve more than one Member State.

>Text following EP vote>

1.

Projects receiving Community financing must be of European interest and involve at least three Member States or at least two Member States and one applicant country. The projects shall involve those responsible in applicant countries, who must be invited for this purpose, with a view to familiarizing them with the European Union acquis in this field and to help them prepare for accession. Those responsible in other non-member countries may also take part where it serves the aims of the projects.

(Amendment 26)

Article 7(4)

>Original text>

4. The projects may involve those responsible in applicant countries with a view to familiarizing them with the European Union acquis in this field and to help them prepare for accession, or in other non-member countries where it serves the aims of the projects.

>Text following EP vote>

Deleted

(Amendment 13)

Article 8

>Original text>

Financing decisions and the contracts deriving from them shall provide in particular for follow-up and financial monitoring by the Commission and audit by the Court of Auditors.

>Text following EP vote>

Financing decisions and the contracts deriving from them shall provide in particular for follow-up and financial monitoring by the Commission and audit by the Court of Auditors

, the results of which shall be forwarded to the budgetary authority.

(Amendment 14)

Article 9(1)

>Original text>

1. All types of expenditure directly attributable to implementation of a project and incurred during a contractually set period shall be eligible.

>Text following EP vote>

1.

All types of expenditure directly attributable to implementation of a project and incurred during a contractually set period shall be eligible, within the limits of the appropriations approved in the context of the annual budgetary procedure.

(Amendment 29)

Article 9(2)

>Original text>

2. The rate of financial support from the Community budget may not exceed 80% of the cost of the project.

>Text following EP vote>

2.

The rate of financial support from the Community budget may not exceed 60% of the cost of the project, with the exception of measures for applicant countries where the rate may not exceed 80%.

(Amendment 16)

Article 9(4)

>Original text>

4. Expenditure relating to public premises and equipment and to remuneration of officials of State or public bodies may be taken into consideration only in so far as it concerns uses and tasks not linked with a national purpose or function but specifically connected with implementation of the project.

>Text following EP vote>

4.

Expenditure relating to public premises and equipment and to remuneration of officials of State or public bodies may be covered by the Community budget only in so far as it concerns uses and tasks specifically connected with the joint implementation of the project.

(Amendment 17)

Article 10(2)

>Original text>

2. It shall draw up each year, with the assistance of experts from the relevant professional circles, the draft annual programme implementing this joint action in terms of the thematic priorities and the distribution of available appropriations between fields of activity.

>Text following EP vote>

2.

It shall draw up each year, with the assistance of experts from the relevant professional circles, the draft annual programme implementing this joint action in terms of the thematic priorities and the distribution of available appropriations between fields of activity. In this context, account shall be taken of the results of the assessment of the measures undertaken pursuant to paragraph 3.

(Amendment 18)

Article 11(2)

>Original text>

2. The Commission shall submit to the Committee the draft annual programme referred to in Article 10(2), including proposals for implementing rules and for project assessment. The opinion shall be delivered by the committee, acting unanimously, within a period of two months. This period may be reduced by the chairman for reasons of urgency. The chairman shall not vote.

>Text following EP vote>

2.

The Commission shall submit to the committee the draft annual programme referred to in Article 10(2), including proposals for implementing rules and for project assessment. The opinion shall be delivered by the committee, acting by the majority provided for in Article K.4(3), second subparagraph, of the Treaty on European Union, within a period of two months. This period may be reduced by the chairman for reasons of urgency. The chairman shall not vote.

>Original text>

If a favourable opinion is not delivered within the time limit, the Commission shall either withdraw its proposal or submit a proposal to the Council, which shall take a decision unanimously within two months.

>Text following EP vote>

If a favourable opinion is not delivered within the time limit, the Commission shall either withdraw its proposal or submit a proposal to the Council, which shall take a decision

by the majority provided for in Article K.4(3), second subparagraph, of the Treaty on European Union within two months.

(Amendment 19)

Article 11(2a) (new)

>Original text>

>Text following EP vote>

2a. Once the annual programme is adopted, the Commission shall immediately forward it to the European Parliament and shall keep the committee continually informed of the views of the European Parliament.

(Amendment 20)

Article 12(1)

>Original text>

1. Projects for which financing is requested shall be submitted to the Commission for scrutiny within a time limit to be determined in the annual programme referred to in Article 10(2).

>Text following EP vote>

1.

Projects for which co-financing is requested shall be submitted to the Commission for scrutiny within a time limit to be determined in the annual programme referred to in Article 10(2).

(Amendment 21)

Article 12(3), subparagraph 1

>Original text>

3. Where the financing requested is less than ECU 50 000, the representative of the Commission shall submit a draft to the Committee referred to in Article 11(1). The Committee, acting by the majority provided for in the second subparagraph of Article K.4(3) of the Treaty, shall deliver its opinion on this draft within a time limit which the Chairman may lay down according to the urgency of the matter. The Chairman shall not vote.

>Text following EP vote>

3.

Where the co-financing requested is less than ECU 200 000, the representative of the Commission shall submit a draft to the Committee referred to in Article 11(1). The Committee, acting by the majority provided for in the second subparagraph of Article K.4(3) of the Treaty, shall deliver its opinion on this draft within a time limit which the Chairman may lay down according to the urgency of the matter. The Chairman shall not vote.

(Amendment 22)

Article 12(4)

>Original text>

4. Where the financing requested exceeds ECU 50 000, the Commission shall submit to the Committee referred to in Article 11(1) a list of the projects submitted to it under the annual programme. The Commission shall indicate the projects it selects and shall give reasons for its selection. The Committee, acting by the majority provided for in the second subparagraph of Article K.4(3) of the Treaty, shall deliver its opinion on the various projects within a period of two months. The Chairman shall not vote. If a favourable opinion is not delivered within the time limit, the Commission shall either withdraw the project(s) concerned or submit it (them), with any opinion from the Committee to the Council which, acting by the majority provided for in the second subparagraph of Article K.4(3) of the Treaty, shall take a decision within two months.

>Text following EP vote>

4.

Where the co-financing requested exceeds ECU 200 000, the Commission shall submit to the Committee referred to in Article 11(1) a list of the projects submitted to it under the annual programme. The Commission shall indicate the projects it selects and shall give reasons for its selection. The Committee, acting by the majority provided for in the second subparagraph of Article K.4(3) of the Treaty, shall deliver its opinion on the various projects within a period of two months. The Chairman shall not vote. If a favourable opinion is not delivered within the time limit, the Commission shall either withdraw the project(s) concerned or submit it (them), with any opinion from the Committee to the Council which, acting by the majority provided for in the second subparagraph of Article K.4(3) of the Treaty, shall take a decision within two months.

(Amendment 23)

Article 14(1)

>Original text>

1. The Commission is required to organize an evaluation programme carried out by neutral experts outside the programme.

>Text following EP vote>

1.

The Commission is required to organize an evaluation programme carried out by neutral experts outside the programme. The details of the selection of experts shall be set out in the annual programme.

(Amendment 24)

Article 14(2a) (new)

>Original text>

>Text following EP vote>

2a. The European Parliament may make comments on this report, and the Commission shall take them into account as far as possible in its next draft annual programme.

(Amendment 25)

Article 15, 2nd paragraph

>Original text>

It shall be applicable for a period of five years,at the end of which it may be extended.

>Text following EP vote>

It shall be applicable for a period of five years

.The Commission may, after examination and evaluation of the details, issue a proposal for the extension of this joint action (if necessary in amended form). The Council shall decide on this proposal after consulting the European Parliament.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Decision on a joint action establishing a programme of exchanges, training and cooperation for persons responsible for action to combat organized crime (Falcone programme) (COM(97)0528 - 11778/97 - C4-0572/97 - 97/0916(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(97)0528 - 97/0916(CNS) ((OJ C 352, 20.11.1997, p. 7.)),

- having been consulted by the Council pursuant to Article K.6(2) of the Treaty on European Union (11778/97 - C4-0572/97 ),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinions of the Committee on Legal Affairs and Citizens' Rights and the Committee on Budgets (A4-0017/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly;

3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.