EN Official Journal of the European Union C 440/276

P7_TA(2013)0021

Instrument for financial support for police cooperation, preventing and combating crime, and crisis management (Decision on the opening of interinstitutional negotiations)

European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (COM(2011)0753 — C7-0445/2011 — 2011/0368(COD) — (2013/2505(RSP))

(2015/C 440/31)

The European Parliament,

— having regard to the proposal of the Committee on Civil Liberties, Justice and Home Affairs,

— having regard to Rules 70(2) and 70a of its Rules of Procedure,

decides to open interinstitutional negotiations on the basis of the following mandate:

MANDATE

Amendment 1

Draft regulation

Paragraph 1 a (new)

Text proposed by the Commission Modification 1a. Points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the Multiannual Financial Framework for the years 2014-2020;

Amendment 2

Draft legislative resolution

Paragraph 1 b (new)

Text proposed by the Commission Amendment 1b. Recalls its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’ (1); reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the TFEU, as well as to respond to unforeseen events; calls on the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value; points out that even with an increase in the level of resources for the next MFF of at least 5 % compared to the 2013 level only a limited contribution can be made to the achievement of the Union's agreed objectives and commitments and the principle of Union solidarity;

Amendment 3

Proposal for a regulation

Recital 1

Text proposed by the Commission Amendment (1) The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union) should be achieved, inter alia, through measures to prevent and combat crime as well as through measures for coordination and cooperation between law enforcement authorities of Member States and with relevant third-countries. (1) The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union) should be achieved, inter alia, through measures to prevent and combat crime as well as through measures for coordination and cooperation between law enforcement authorities of Member States , other national authorities and relevant Union bodies, and with relevant third-countries and international organisations . This objective should be achieved while ensuring respect for human rights in accordance with the provisions of the Charter of Fundamental Rights and with the Union's international obligations.

Amendment 4

Proposal for a regulation

Recital 2

Text proposed by the Commission Amendment (2) To achieve this objective, enhanced actions at Union level should be taken to protect people and goods from increasingly transnational threats and to support the work carried out by Member States' competent authorities. Terrorism and organised crime, drug trafficking, corruption, cyber crime, trafficking in human beings and arms, inter alia, continue to challenge the internal security of the Union. (2) To achieve this objective, enhanced actions at Union level should be taken to protect people and goods from increasingly transnational threats and to support the work carried out by Member States' competent authorities. Terrorism and organised crime, drug trafficking, corruption, cyber crime, cyber security, trafficking in human beings and arms, inter alia, continue to challenge the internal security of the Union.

Amendment 5

Proposal for a regulation

Recital 4

Text proposed by the Commission Amendment (4) Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and the rule of law as well as a strong focus on the global perspective and the inextricable link with external security should be key principles guiding the implementation of the Internal Security Strategy. (4) Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and freedoms and the rule of law as well as a strong focus on the global perspective and on the link and the necessary coherence with external security should be key principles guiding the implementation of the Internal Security Strategy.

Justification

Parliament has already called for coherence in EU actions in regard to internal and external security, in the Report on the Internal Security Strategy.

Amendment 6

Proposal for a regulation

Recital 5

Text proposed by the Commission Amendment (5) To promote the implementation of the Internal Security Strategy and to ensure that it becomes an operational reality, Member States should be provided with adequate Union financial support by setting up an Internal Security Fund. (5) To promote the implementation of the Internal Security Strategy and to ensure that it becomes an operational reality, Member States should be provided with adequate Union financial support by setting up and managing an Internal Security Fund.

Amendment 7

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission Amendment (7a) Cross-border crimes such as human trafficking and exploitation of illegal immigration by criminal organisations may be tackled effectively through judicial and police cooperation.

Justification

Crime’s infiltration into the legitimate economy is one of the factors distorting the internal market.

Amendment 8

Proposal for a regulation

Recital 8 a (new)

Text proposed by the Commission Amendment (8a) Tackling organised crime effectively is fundamental to protecting the legitimate economy from typical criminal activities such as laundering of the proceeds of crime.

Justification

Crime’s infiltration into the legitimate economy is one of the factors distorting the internal market.

Amendment 9

Proposal for a regulation

Recital 8 b (new)

Text proposed by the Commission Amendment (8b) In times of austerity for Union policies, overcoming economic problems calls for renewed flexibility, innovative organisational measures, better use of existing structures, and coordination between the Union’s institutions, agencies and national authorities and with third countries.

Justification

The economic crisis calls for flexible and innovative responses in order to be just as effective as before in fighting organised crime.

Amendment 10

Proposal for a regulation

Recital 9

Text proposed by the Commission Amendment (9) Within the comprehensive framework of the Internal Security Fund, the financial assistance provided under this Instrument should support police cooperation, exchange of and access to information, crime prevention, the fight against cross-border, serious and organised crime including terrorism, the protection of people and critical infrastructure against security related incidents and the effective management of security related risks and crisis, taking into account common policies (strategies, programmes and action plans), legislation and practical co-operation. (9) Within the comprehensive framework of the Internal Security Fund, the financial assistance provided under this Instrument should support police cooperation, exchange of and access to information, crime prevention, the fight against cross-border, serious and organised crime including terrorism, trafficking in human beings and child sexual exploitation and distribution of child abuse images, the protection of people and critical infrastructure against security related incidents and the effective management of security related risks and crisis, taking into account common policies (strategies, programmes and action plans), legislation and practical co-operation.

Justification

Trafficking in human beings and child sexual exploitation are among the worst forms of serious and organized crime. They should be mentioned specifically in this Recital.

Amendment 11

Proposal for a regulation

Recital 10

Text proposed by the Commission Amendment (10) Financial assistance in these areas should in particular support actions promoting cross-border joint operations, access to and exchange of information, exchange of best practices, facilitated and secure communication and coordination, training and exchange of staff, analytical, monitoring and evaluation activities, comprehensive threat and risk assessments, awareness raising activities, testing and validation of new technology, forensic science research and the acquisition of technical interoperable equipment. (10) Financial assistance in these areas should in particular support actions aimed at improving the cooperation between the Member States and the European Police Office (EUROPOL). These actions should promote cross-border joint operations, access to and exchange of information, exchange of best practices, facilitated and secure communication and coordination, training and exchange of staff, analytical, monitoring and evaluation activities, comprehensive threat and risk assesments, cooperation between Member States and relevant EU bodies, awareness raising activities, testing and validation of new technology, forensic science research and the acquisition of technical interoperable equipment. Financial assistance in these areas should only support actions, which are in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council.

Amendment 12

Proposal for a regulation

Recital 11

Text proposed by the Commission Amendment (11) Measures in and in relation to third countries supported through this Instrument should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments. Coherence will also be sought with the Union humanitarian policy, in particular as regards the implementation of emergency measures. (11) Measures in and in relation to third countries supported through this Instrument should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question , democratic principles and values, fundamental liberties and rights, the rule of law and the sovereignty of third countries . They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments. Coherence will also be sought with the Union humanitarian policy, in particular as regards the implementation of emergency measures.

Amendment 13

Proposal for a regulation

Recital 12 a (new)

Text proposed by the Commission Amendment (12a) Pursuant to Article 3 of the Treaty on European Union, the Instrument should aim to ensure the protection of the rights of the child, including the protection of children against violence, abuse, exploitation and neglect. The Instrument should support in particular safeguards and assistance of child witnesses and victims, and special protection and support for unaccompanied children or children otherwise in need of guardianship. Regular monitoring and evaluation, including monitoring of expenditure should be carried out to assess the way in which the protection of children is addressed in the Instrument's activities.

Justification

The EU has committed itself to protecting the rights of the child. These efforts need to be made visible in the implementation and execution of this Regulation.

Amendment 14

Proposal for a regulation

Recital 13

Text proposed by the Commission Amendment (13) To ensure a uniform implementation of the Internal Security Fund, the Union budget allocated to this financial instrument should be implemented by shared management, with the exception of actions of particular interest to the Union (Union actions), emergency assistance and technical assistance , which are implemented in direct and indirect management. (13) To ensure a uniform implementation of the Internal Security Fund and efficient management of actions of particular interest to the Union (Union actions), emergency assistance and technical assistance , the Union budget allocated to this financial instrument should be implemented by direct and indirect management, with the exception of actions requiring administrative flexibility and national programmes , which are implemented in shared management.

Justification

Implementation of the Union budget by shared management should be the exception and not the rule (cf. Article 55 of the Financial Regulation).

Amendment 15

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission Amendment (13a) For the resources implemented under shared management, it is necessary to ensure that the Member States' national programmes are fully aligned with EU-level priorities and objectives.

Justification

Lessons learned from the mid-term review and consulting stakeholders suggest that shared management should be more results-oriented and a common regulatory framework should be drawn up.

Amendment 16

Proposal for a regulation

Recital 14

Text proposed by the Commission Amendment (14) The resources allocated to Member States for implementation through their national programmes should be distributed on the basis of clear and objective criteria relating to the public goods to be protected by Member States and the degree of their financial capacity to ensure a high level of internal security, such as the size of their population, their territorial size, the number of passengers and cargo processed through international air and seaports, the number of European critical infrastructure and their gross domestic product. (14) The resources allocated to Member States for implementation through their national programmes should be distributed on the basis of clear, objective and measurable criteria relating to the public goods to be protected by Member States and the degree of their financial capacity to ensure a high level of internal security, such as the size of their population, their territorial size, the number of passengers and cargo processed through international air and seaports, and their gross domestic product.

Justification

The changes are in line with changes proposed for Article 10.

Amendment 17

Proposal for a regulation

Recital 16

Text proposed by the Commission Amendment (16) The ceiling for resources which remain at the disposal of the Union should be equal to the resources allocated to Member States for the implementation of their national programmes . This will ensure that the Union is able, in a given budget year, to support actions which are of particular interest to the Union, such as studies, testing and validation of new technologies, transnational projects, networking and exchange of best practices, monitoring of the implementation of relevant Union law and Union policies and actions in relation to and in third-countries. The actions supported should be in line with the priorities identified in relevant Union strategies, programmes, action plans and risk and threat assessments. (16) The ceiling for resources allocated to Member States for the implementation of their national programmes should be higher than the resources at the disposal of the European Union for its actions. To this end, Member States’ capacity to use the funds available needs to be enhanced through better training for their authorities concerned. However, the Union should be guaranteed adequate resources at its disposal to ensure that it is able, in a given budget year, to support actions which are of particular interest to the Union, such as studies, testing and validation of new technologies, transnational projects, networking and exchange of best practices, monitoring of the implementation of relevant Union law and Union policies and actions in relation to and in third-countries. The actions supported should be in line with the priorities identified in relevant Union strategies, including a cyber security strategy, programmes, action plans and risk and threat assessments.

Amendment 18

Proposal for a regulation

Recital 18 a (new)

Text proposed by the Commission Amendment (18a) The TFEU provides for delegated acts only as non-legislative acts of general application relating to non-essential elements of a legislative act. Any essential element should be laid down in the legislative act in question.

Amendment 19

Proposal for a regulation

Recital 18 b (new)

Text proposed by the Commission Amendment (18b) Spending of EU and Member States’ funds in this area should be better coordinated in order to assure complementarity, a better efficiency and visibility, as well as to achieve better budgetary synergies.

Amendment 20

Proposal for a regulation

Recital 18 c (new)

Text proposed by the Commission Amendment (18c) There is a need to maximise the impact of EU funding by mobilising, pooling and leveraging public financial resources.

Amendment 21

Proposal for a regulation

Recital 18 d (new)

Text proposed by the Commission Amendment (18d) Utmost transparency, accountability and democratic scrutiny should be ensured for mechanisms that involve the EU budget.

Amendment 22

Proposal for a regulation

Recital 18 e (new)

Text proposed by the Commission Amendment (18e) Better implementation and quality of spending should constitute guiding principles for achieving the objectives of the programme while ensuring optimal use of the financial resources.

Amendment 23

Proposal for a regulation

Recital 18 f (new)

Text proposed by the Commission Amendment (18f) When the Commission implements the Union budget under shared management, implementation tasks should be delegated to Member States. The Commission and the Member States should respect the principles of sound financial management, transparency and non-discrimination and ensure the visibility of Union action when they manage Union funds. To this end, the Commission and the Member States should fulfil their respective control and audit obligations, and assume the resulting responsibilities laid down in this Regulation. Complementary provisions should be laid down in sector-specific rules.

Amendment 24

Proposal for a regulation

Recital 18 g (new)

Text proposed by the Commission Amendment (18 g) There is a need to ensure sound financial management of the programme and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the programme to all participants.

Amendment 25

Proposal for a regulation

Recital 18 h (new)

Text proposed by the Commission Amendment (18h) The Commission should annually monitor the implementation of the Instrument with the aid of key indicators for assessing results and impacts. These indicators, including relevant baselines, should provide the minimum basis for assessing the extent to which the objectives of the programmes have been achieved.

Amendment 26

Proposal for a regulation

Recital 23

Text proposed by the Commission Amendment (23) As regards Iceland and Norway, this Regulation constitutes a development of the Schengen acquis which falls within the areas referred to in Article 1, Point H of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis. deleted

Justification

This Regulation does not constitute a development of the Schengen acquis.

Amendment 27

Proposal for a regulation

Recital 24

Text proposed by the Commission Amendment (24) As regards Switzerland, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the latter's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, Point H of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC on the conclusion, on behalf of the European Community, of the Agreement. deleted

Justification

This Regulation does not constitute a development of the Schengen acquis.

Amendment 28

Proposal for a regulation

Recital 25

Text proposed by the Commission Amendment (25) As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, Point H of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/349/EU on the conclusion, on behalf of the Union, of the Protocol. deleted

Justification

This Regulation does not constitute a development of the Schengen acquis.

Amendment 29

Proposal for a regulation

Article 2 — point b

Text proposed by the Commission Amendment (b) ‘exchange of and access to information’ means the collection, storage, processing, analysis and exchange of information relevant to law enforcement authorities in relation to the prevention, detection, investigation, and prosecution of criminal offences, in particular cross-border, serious and organised crimes. (b) ‘exchange of and access to information’ means the secure collection, storage, processing, analysis and exchange of information relevant to law enforcement authorities in the Union in relation to the prevention, detection, investigation, and prosecution of criminal offences, in particular cross-border, serious and organised crimes.

Amendment 30

Proposal for a regulation

Article 2 — point d

Text proposed by the Commission Amendment (d) ‘organised crime’ means a punishable conduct committed by a structured group of three or more persons , existing for a period of time and acting in concert in order to obtain, directly or indirectly, a financial or other material benefit. (d) ‘organised crime’ means a conduct by a structured group that exists for a period of time sufficient for the conduct to be more than occasional, and that comprises more than two persons who are bound by a partnership obligation and who act in concert with a view to committing offences which are punishable by deprivation of liberty or a detention order of a maximum of at least four years or a more serious penalty , and where the aim of that conduct is to obtain, directly or indirectly, including by intimidation, a financial or other benefit;

Amendment 31

Proposal for a regulation

Article 2 — point f

Text proposed by the Commission Amendment (f) ‘risk and crisis management’ means any measure relating to the assessment, prevention, preparedness and consequence management of terrorism and other security-related risks. (f) ‘risk and crisis management’ means any measure relating to the assessment, prevention, preparedness and consequence management of terrorism , organised crime and other security-related risks.

Amendment 32

Proposal for a regulation

Article 2 — point h

Text proposed by the Commission Amendment h) ‘consequence management’ means the effective coordination of measures taken in order to react to and to reduce the impact of the effects of a terrorist attack or any other security related incident in order to ensure an effective coordination of actions at national and/or EU level . h) ‘consequence management’ means the effective coordination of actions taken at national and/or EU level in order to react to and to reduce the impact of the effects of a terrorist attack or any other security related incident.

Justification

The proposed reformulation makes the text a great deal clearer.

Amendment 33

Proposal for a regulation

Article 2 — point i

Text proposed by the Commission Amendment i) ‘critical infrastructure’ means any physical resources, services, information technology facilities, networks and infrastructure assets which , if disrupted or destroyed, would have a serious impact on critical societal functions, including the supply chain, health, safety, security, economic or social well-being of people or of the functioning of the Union or its Member States . i) ‘critical infrastructure’ means an asset, network, system or part thereof located in Member States which is essential for the maintenance of vital societal functions, health, safety, security, economic or social well-being of people, and the disruption, the breach or destruction of which would have a significant impact in a Member State or in the Union as a result of the failure to maintain those functions ;

Amendment 34

Proposal for a regulation

Article 3 — paragraph 2 — point a — paragraph 1

Text proposed by the Commission Amendment a) preventing and combating cross-border, serious and organised crime including terrorism, and reinforcing coordination and cooperation between law enforcement authorities of Member States and with relevant third-countries. a) preventing and combating cross-border, serious and organised crime including terrorism , trafficking in human beings, exploitation of illegal immigration, child sexual exploitation, distribution of child abuse images, cybercrime and laundering of the proceeds of crime , and reinforcing coordination and cooperation between law enforcement authorities of Member States and relevant Union bodies and with relevant third-countries and international organisations .

Amendment 35

Proposal for a regulation

Article 3 — paragraph 2 — point a — paragraph 2

Text proposed by the Commission Amendment The achievement of this objective shall be measured against indicators such as, inter alia, the number of cross-border-joint operations and the number of best practice documents and events organised. deleted

Justification

A specific amendment describing indicators to measure achievement of the objectives has been proposed.

Amendment 36

Proposal for a regulation

Article 3 — paragraph 2 — point b a (new)

Text proposed by the Commission Amendment (ba) enhancing the capacity of Member States to cooperate with Europol and to make a better use of Europol's products and services.

Amendment 37

Proposal for a regulation

Article 3 — paragraph 2 — point b — paragraph 2

Text proposed by the Commission Amendment The achievement of this objective shall be measured against indicators such as, inter alia, the number of tools put in place and/or further upgraded to facilitate the protection of critical infrastructure by Member States in all sectors of the economy and the number of threat and risk assessments produced at the level of the Union. deleted

Justification

A specific amendment describing indicators to measure achievement of the objectives has been proposed..

Amendment 38

Proposal for a regulation

Article 3 — paragraph 3 — introductory part

Text proposed by the Commission Amendment 3. To achieve these objectives, the Instrument shall contribute to the following operational objectives by promoting and developing : 3. To achieve these objectives, the instrument shall contribute to the following operational objectives:

Justification

The change is in line with other amendments to Article 3(3).

Amendment 39

Proposal for a regulation

Article 3 — paragraph 3 — point a

Text proposed by the Commission Amendment a) measures (methodologies, tools, structures) strengthening Member States' capability to prevent and combat cross-border, serious and organised crime including terrorism, in particular through public-private partnerships, the exchange of information and best practices, access to data, interoperable technologies, comparable statistics, applied criminology, public communication and awareness raising. a) promote and develop measures (methodologies, tools, structures) strengthening Member States' capability to prevent and combat cross-border, serious and organised crime, cybercrime or terrorism, in particular through public-private partnerships, the exchange of information and best practices, access to data, interoperable technologies, comparable statistics, applied criminology, public communication and awareness raising.

Amendment 40

Proposal for a regulation

Article 3 — paragraph 3 — point b

Text proposed by the Commission Amendment b) administrative and operational coordination, cooperation, mutual understanding and the exchange of information among Member States' law enforcement authorities, other national authorities, relevant Union bodies and, where appropriate, with third-countries. b) promote and develop administrative and operational coordination, cooperation, mutual understanding and the exchange of information among Member States' law enforcement authorities, other national authorities, relevant Union bodies and, where appropriate, with third-countries and international organisations .

Amendment 41

Proposal for a regulation

Article 3 — paragraph 3 — point c

Text proposed by the Commission Amendment (c) training schemes in implementation of European training policies , including through specific Union law enforcement exchange programmes, in order to foster a genuine European judicial and law enforcement culture. (c) promote and develop training schemes regarding knowledge of obligations relating to respect for human rights and fundamental freedoms and in implementation of European training policies, including through specific Union law enforcement exchange programmes, in order to foster a genuine European judicial and law enforcement culture. (This amendment also applies to points (d) to (g); technical adjustments to said points should be made.)

Amendment 42

Proposal for a regulation

Article 3 — paragraph 3 — point d

Text proposed by the Commission Amendment (d) measures and best practices for the protection and support of witnesses and victims of crime. (d) promote and develop measures, mechanisms and best practices for early identification, protection and support of witnesses and victims of crime , in particular safeguards and assistance of child witnesses and victims, and special protection and support for unaccompanied children or children otherwise in need of guardianship .

Justification

Witnesses and victims of crime do not only need protection and support but also need to be identified as early as possible. The EU has committed itself to protecting the rights of the child. These efforts need to be made visible in the implementation and execution of this Regulation.

Amendment 43

Proposal for a regulation

Article 3 — paragraph 3 — point g

Text proposed by the Commission Amendment (g) measures (methodologies, tools and structures) strengthening the administrative and operational capacity of the Member States and the Union to develop comprehensive threat and risk assessments in order to enable the Union to develop integrated approaches based on common and shared appreciations in crisis situations and to enhance mutual understanding of Member States' and partner countries' various definitions of threat levels. (g) promote and develop measures (methodologies, tools and structures) strengthening the administrative and operational capacity of the Member States and the Union to develop comprehensive threat and risk assessments , which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council, in order to enable the Union to develop integrated approaches based on common and shared appreciations in crisis situations and to enhance mutual understanding of Member States' and partner countries' various definitions of threat levels.

Justification

No funds should be used as conduits for the financing of measures or practices that have not first been approved by a political agreement at the level of the European Parliament and Council.

Amendment 44

Proposal for a regulation

Article 3 a (new)

Text proposed by the Commission Amendment Article 3a Indicators The achievement of the specific objectives referred to in Article 3 shall be assessed on the basis of clearly pre-defined, transparent and measurable performance indicators, in particular such as: a) the number of joint cross-border operations; b) the number and percentage of members of staff of the competent authorities referred to in Article 87 of the Treaty on the Functioning of the European Union (TFEU) who have taken part in training activities, staff exchanges, study visits, meetings and seminars funded by the programme; c) the number and quality of codes of good practice drawn up and events organised; d) the number of tools put in place and/or upgraded to facilitate the protection of critical infrastructure by Member States in all sectors of the economy, and the number of threat and risk assessments produced at Union level; e) the number of contributions sent to Europol databases and the number of cases initiated. Member States shall provide the Commission with the necessary information that is required for the assessment of the achievements, as measured against the indictors.

Amendment 45

Proposal for a regulation

Article 4 — paragraph 1 — point a

Text proposed by the Commission Amendment (a) actions improving police cooperation and coordination between law enforcement authorities, including joint investigation teams and any other form of cross-border joint operation, the access to and exchange of information and interoperable technologies; (a) actions improving police cooperation, coordination between law enforcement authorities and inter-agency collaboration , including joint investigation teams and any other form of cross-border joint operation, the access to and exchange of information and interoperable technologies , such as the extension of Europol Secure Information Exchange Network Application (SIENA) or the implementation of data loaders for the Europol information system ;

Amendment 46

Proposal for a regulation

Article 4 — paragraph 1 — point c

Text proposed by the Commission Amendment (c) analytical, monitoring and evaluation activities, including studies and threat, risk and impact assessments; (c) analytical, monitoring and evaluation activities, including studies and threat, risk and impact assessments, which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council ;

Justification

No funds should be used as conduits for the financing of measures or practices that have not first been approved by a political agreement at the level of the European Parliament and the Council.

Amendment 47

Proposal for a regulation

Article 4 — paragraph 2 — subparagraph 1 a (new)

Text proposed by the Commission Amendment Coordination as regards actions in and in relation to third countries shall be ensured by the Commission and the Member States, together with the European External Action Service, as set out in Article 3(4a) of Regulation (EU) No …/2013 [the Horizontal Regulation].

Amendment 48

Proposal for a regulation

Article 5 — paragraph 2

Text proposed by the Commission Amendment 2. The annual appropriations shall be authorised by the budgetary authority within the limits of the Financial Framework . 2. The annual appropriations for the Fund shall be authorised by the budgetary authority without prejudice to the provisions of the Regulation laying down the multiannual financial framework for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management .

Amendment 49

Proposal for a regulation

Article 5 — paragraph 4

Text proposed by the Commission Amendment 4. The budget allocated under the Instrument shall be implemented under shared management in accordance with Article 55(1)(b) of Regulation (EU) No XXXX/2012 [New Financial Regulation], with the exception of the Union actions referred to in Article 7, the technical assistance referred to in Article 8(1) and the emergency assistance referred to in Article 9 . 4. The budget allocated under the Instrument shall be implemented by direct and indirect management (the Union actions referred to in Article 7, the technical assistance referred to in Article 8(1) and the emergency assistance referred to in Article 9) or under shared management in accordance with Article 55(1)(b) of Regulation (EU) No XXXX/2012 [New Financial Regulation].

Justification

Implementation of the Union budget by shared management should be the exception and not the rule (cf. Article 55 of the Financial Regulation).

Amendment 50

Proposal for a regulation

Article 5 — paragraph 4 a (new)

Text proposed by the Commission Amendment 4a. In accordance with Article 317 TFEU, the ultimate responsibility for implementing the Union budget lies with the Commission.

Justification

According to Article 317 TFEU, the ultimate responsibility for implementing the Union budget rests with the Commission.

Amendment 51

Proposal for a regulation

Article 5 — paragraph 5

Text proposed by the Commission Amendment 5. The global resources shall be used indicatively as follows: 5. Without prejudice to the prerogatives of the budgetary authority, the global resources shall be used as follows: a) EUR 564 million for the national programmes of Member States; a) 55 % for the national programmes of Member States; b) EUR 564 million for Union actions, emergency assistance and technical assistance at the initiative of the Commission. b) 45 % for Union actions, emergency assistance and technical assistance at the initiative of the Commission.

Amendment 52

Proposal for a regulation

Article 5 — paragraph 7

Text proposed by the Commission Amendment 7. The countries associated with the implementation, application and development of the Schengen acquis shall participate in the Instrument, in accordance with this Regulation. deleted

Justification

This Regulation does not constitute a development of the Schengen acquis.

Amendment 53

Proposal for a regulation

Article 5 — paragraph 8

Text proposed by the Commission Amendment 8. Arrangements shall be concluded on the financial contributions by these countries to the Instrument and the supplementary rules necessary for such participation, including provisions ensuring the protection of the Union's financial interests and the power of audit of the Court of Auditors. The financial contributions from these countries shall be added to the global resources available from the Union budget referred to in paragraph 1. deleted

Justification

This Regulation does not constitute a development of the Schengen acquis.

Amendment 54

Proposal for a regulation

Article 6 — paragraph 2

Text proposed by the Commission Amendment 2. Under the national programmes to be examined and approved by the Commission pursuant to Article 14 of Regulation (EU) No XXX/2012 [Horizontal Regulation], Member States shall focus on projects addressing the strategic Union priorities listed in the annex to this Regulation. 2. Under the national programmes to be examined and approved by the Commission pursuant to Article 14 of Regulation (EU) No XXX/2012 [Horizontal Regulation], Member States shall implement projects addressing the strategic Union priorities listed in the annex to this Regulation.

Justification

The national programmes should be focused on projects that address the strategic priorities of the Union listed in the Annex to the regulation.

Amendment 55

Proposal for a regulation

Article 7 — paragraph 1

Text proposed by the Commission Amendment 1. At the Commission's initiative, this Instrument may be used to finance transnational actions or actions of particular interest to the Union (‘Union actions’) concerning the general, specific and operational objectives set out in Article 3. 1. At the Commission's initiative, this Instrument may be used to finance transnational actions or actions of particular interest to the Union (‘Union actions’) concerning the general, specific and operational objectives set out in Article 3. All such actions shall be in compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union, as well as with the Union legal provisions on data protection and privacy. The European Data Protection Supervisor, the Fundamental Rights Agency and other relevant supervisory agencies and bodies may assess these actions to ensure compliance.

Justification

Independent supervision ought to guarantee the compliance of all actions with fundamental rights including privacy rights and compliance to data protection standards.

Amendment 56

Proposal for a regulation

Article 7 — paragraph 2 — introductory part

Text proposed by the Commission Amendment 2. To be eligible for funding, Union actions shall be in line with the priorities identified in relevant Union strategies, programmes, threat and risk assessments, and support in particular: 2. To be eligible for funding, Union actions shall be in line with the priorities identified and agreed by the European Parliament and the Council in relevant Union strategies, programmes, threat and risk assessments, and support in particular:

Justification

No funds should be used as conduits for the financing of measures or practices that have not first been approved by a political agreement at the level of the European Parliament and the Council.

Amendment 57

Proposal for a regulation

Article 7 — paragraph 2 — point c

Text proposed by the Commission Amendment (c) analytical, monitoring and evaluation activities, including threat, risk and impact assessments and projects monitoring the implementation of Union law and Union policy objectives in the Member States; (c) analytical, monitoring and evaluation activities, including threat, risk and impact assessments which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council, and projects monitoring the implementation of Union law and Union policy objectives in the Member States;

Justification

No funds should be used as conduits for the financing of measures or practices that have not first been approved by a political agreement at the level of the European Parliament and the Council.

Amendment 58

Proposal for a regulation

Article 7 — paragraph 2 — point f

Text proposed by the Commission Amendment (f) the acquisition and/or further upgrading of technical equipment, secure facilities, infrastructures, related buildings and systems, especially ICT systems and their components at the Union level, including for the purpose of European cooperation on cyber crime, notably a European Cybercrime Centre;· (f) the acquisition and/or further upgrading of technical equipment, know-how, secure facilities, infrastructures, related buildings and systems, especially ICT systems and their components at the Union level, including for the purpose of European cooperation on cyber crime, notably a European Cybercrime Centre;

Amendment 59

Proposal for a regulation

Article 10 — paragraph 1 — introductory part

Text proposed by the Commission Amendment 1. EUR 564 million shall be allocated to the Member States indicatively as follows: 1. The resources for national programmes shall be distributed as follows:

Amendment 60

Proposal for a regulation

Article 10 — paragraph 1 — point a

Text proposed by the Commission Amendment a) 30 % in proportion of the size of their total population; a) 35 % in proportion of the size of their total population;

Amendment 61

Proposal for a regulation

Article 10 — paragraph 1 — point c

Text proposed by the Commission Amendment c) 10 % in proportion to the number of passengers and the tons of cargo processed through their international air and sea ports; c) 20 % in proportion to the number of passengers and the tons of cargo processed through their international air and sea ports;

Amendment 62

Proposal for a regulation

Article 10 — paragraph 1 — point d

Text proposed by the Commission Amendment d) 10 % in proportion to the number of European Critical Infrastructure designated in accordance with Directive 2008/114/EC; deleted

Amendment 63

Proposal for a regulation

Article 10 — paragraph 1 — point e

Text proposed by the Commission Amendment e) 40 % in inverse proportion to their Gross Domestic Product (purchasing power standard per inhabitant). e) 35 % in inverse proportion to their Gross Domestic Product (purchasing power standard per inhabitant).

Amendment 64

Proposal for a regulation

Article 11 — paragraph 2

Text proposed by the Commission Amendment 2. The delegation of powers referred to in this Regulation shall be conferred on the Commission for a period of 7 years from [date of entry into force of this Regulation]. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 2. The delegation of powers referred to in this Regulation shall be conferred on the Commission for a period of 7 years from [date of entry into force of this Regulation].

Amendment 65

Proposal for a regulation

Article 11 — paragraph 5

Text proposed by the Commission Amendment 5. A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council. 5. A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 3 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 3 months at the initiative of the European Parliament or the Council.

Amendment 66

Proposal for a regulation

Article 12 — paragraph 2

Text proposed by the Commission Amendment 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. deleted

Justification

No reference is made to Article 12(2) anywhere else in the text in question.

Amendment 67

Proposal for a regulation

Article 15 — paragraph 5

Text proposed by the Commission Amendment 5. The Commission shall submit to the European Parliament and the Council, by 31 December 2015, a report on the results achieved and on qualitative and quantitative aspects of implementation of Council Decision 2007/125/JHA for the period 2011 to 2013. 5. The Commission shall submit to the European Parliament and the Council, by 31 December 2015, a report on the results achieved and on qualitative and quantitative aspects of implementation of Council Decision 2007/125/JHA for the period 2011 to 2013. In this report, the European Commission shall provide concrete evidence, if available, of the complementarity and synergies achieved between the EU funds and the Members States' budgets and of the triggering effects on Member States of the EU budget in achieving the objectives set in the Council Decision 2007/125/JHA.

Amendment 68

Proposal for a regulation

Article 15 a (new)

Text proposed by the Commission Amendment Article 15a Evaluation By 31 December 2017 at the latest, the Commission shall submit to the European Parliament and the Council an evaluation report on the achievement of the objectives set out in this Regulation.

Justification

As part of a results-based approach, a mid-term review should be conducted of the operation of this regulation.

Amendment 69

Proposal for a regulation

Article 16 — paragraph 1

Text proposed by the Commission Amendment On the basis of a proposal from the Commission, the European Parliament and the Council shall review this Regulation by 30 June 2020 at the latest. On the basis of a proposal from the Commission, the European Parliament and the Council shall review this Regulation by 1 June 2020 at the latest.

Amendment 70

Proposal for a regulation

Annex 1 — point 1

Text proposed by the Commission Amendment — Measures preventing and fighting cross-border, serious and organised crime, in particular drug trafficking, trafficking in human beings, sexual exploitation of children and projects identifying and dismantling criminal networks, protecting the economy against criminal infiltration and reducing financial incentives by seizing, freezing and confiscating criminal assets. — Measures preventing and fighting cross-border, serious and organised crime, in particular drug trafficking, trafficking in human beings, sexual exploitation of children and distribution of child abuse images and projects identifying and dismantling criminal networks, protecting the economy against criminal infiltration and reducing financial incentives by seizing, freezing and confiscating criminal assets.

Amendment 71

Proposal for a regulation

Annex 1 — new point after last point

Text proposed by the Commission Amendment — Measures seeking to achieve a closer partnership between the Union and third countries (in particular countries situated on its external borders) and the drawing up and implementation of operational programmes of action for achievement of the above EU strategic priorities.

(1) Texts adopted P7_TA(2011)0266.