98/245/JHA: Joint Action of 19 March 1998 adopted by the Council, on the basis of Article K.3 of the Treaty on European Union, establishing a programme of exchanges, training and cooperation for persons responsible for action to combat organised crime (Falcone programme)
Date: 1998-03-19
Institutions: Council of the European Union
Subjects: EU financing, EU programme, cooperation policy, fight against crime, joint action, organised crime

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31.3.98

JOINT  ACTION

of  19  March  1998

adopted  by  the  Council,  on  the  basis  of  Article  K.3  of  the  Treaty  on  European  Union,
establishing  a  programme  of  exchanges,  training  and  cooperation  for  persons  responsible  for
action  to  combat  organised  crime  (Falcone  programme)

(98/245/JHA)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

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

Having  regard 
initiative  by 
Grand-Duchy  of  Luxembourg  and  the  Commission,

the  concerted 

to 

the

(1)  Whereas  the  Member  States  regard  the  fight
against organised crime in all its forms as a matter
of  common  interest;

(2)  Considering  the  conclusions  of  the  Amsterdam
European  Council  meeting  in  June  1997,  which
adopted  the  action  plan  to  combat  organised
crime (1)  established  by  the  high-level  group,  as
reflected in the Council resolution of 18 December
1997  laying  down  the  priorities  for  cooperation  in
the  field  of  justice  and  home  affairs  for  the  period
1  January  1998  of  the  date  of  entry  into  force  of
the  Treaty  of  Amsterdam (2);

(3)  Whereas  the  Member  States  are  mindful  of  the
need  for  a  coordinated  multidisciplinary  approach
to  prevention  and  enforcement  at  both  legislative
and  operational  levels;

(4)  Whereas  this  programme  should  be  focused  on
activities  contributing  to  the  implementation  and
monitoring of the action plan to combat organised
crime;

(5)  Whereas the institution of a framework to support
measures  designed  to  facilitate  the  implementation
of  the  action  plan,  in  particular  action  involving
multidisciplinary meetings and exchanges, research,
studies  and  other  ways  of  improving  skills  and

(1)  OJ  C  251,  15.8.1997,  p.  1.
(2)  OJ  C  11,  15.1.1998,  p.  1.

operational  methods  with  a  European  dimension
for  those  responsible  for  action  against  organised
crime  is  likely  to  strengthen  and  facilitate  the
struggle  against  this  phenomenon  and  to  reduce
such  obstacles  as  may 
increased
cooperation  between  Member  States  in  this  area,
particularly  in  the  customs,  police  and  judicial
fields;

exist 

to 

(6)  Whereas  these  objectives  may  be  more  effectively
pursued at European Union level rather than at the
level  of  the  individual  Member  States,  in  view  of
the  synergy  which  develops  from  the  exchange  of
specific  experience  available  in  the  Member  States
and 
the  anticipated  economies  of  scale  and
cumulative  effects  of  the  intended  measures;

(7)  Whereas  this  Joint  Action  is  without  prejudice  to
the  powers  of  the  European  Community  and
therefore  does  not  detract 
from  Community
measures  taken  or  likely  to  be  taken  in  the  areas
covered  by  the  action  plan;

(8)  Whereas,  however,  the  enforcement  and  judicial
aspects  affecting  those  areas  may  be  considered
part  of  this  programme  when  they  complement
is  therefore
Community  measures;  whereas 
necessary 
this
programme  to  adopt  a  broad  approach  to  the
including
phenomenon  of  organised 
economic 
and
fraud, 
money-laundering;

crime, 
corruption 

implementation  of 

crime, 

the 

for 

it 

(9)  Whereas  this  Joint  Action  should  not  overlap  with
other  programmes  under  Title  VI  of  the  Treaty;
those
whereas 
programmes  should  be  adjusted  accordingly  to
exclude  in  future  operations  specifically  relating  to
the  implementation  of  the  action  plan  to  combat
organised crime;

priorities 

annual 

the 

for 

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(10)  Whereas  this  Joint  Action  does  not  affect  existing
procedural  rules  on  customs,  police  and  judicial
cooperation;

3. The  programme  coves  measures  in  the  following
fields:

(11)  Whereas  the  instruments  adopted  by  the  Council
to combat organised crime include the Joint Action
of  22  April  1996  concerning  a  framework  for  the
exchange of liaison magistrates to improve judicial
cooperation  between  the  Member  States  of  the
European  Union (1);

(12)  Whereas  a  financial  reference  amount,  within  the
meaning  of  point  2  of  the  Declaration  by  the
European  Parliament, 
the
Commission  of  6  March  1995,  is  included  in  this
Joint  Action  for  the  entire  duration  of  the
programme,  without  thereby  affecting  the  powers
of  the  budgetary  authority  as  they  are  defined  by
the  Treaty;

the  Council  and 

(13)  Whereas 

the  Presidency  has 

the
European  Parliament  in  accordance  with  Article
K.6  of  the  Treaty,

consulted 

HAS  ADOPTED  THIS  JOINT  ACTION:

—  training,

—  joint  projects  to 

improve  skills  and  operational
methods  in  cooperation  in  the  fight  against  organised
crime,

—  programmes  of  traineeships,  organisation  of  meetings

and  seminars,

—  research,  specialised  studies,  including  operational

feasibility  studies,  and  assessment,

—  dissemination  and  exchange  of  information,  and

all  other  measures  that  may  promote  the  implementation
of  the  action  plan  to  combat  organised  crime.

recourse 

4. The  financing  of  measures  under  this  programme
shall  preclude  cumulative 
to  any  other
programme  under  Title  VI  of  the  Treaty  or  to  other
Community financing programmes, with the exception of
Community programmes specifically aimed at supporting
the efforts of applicant countries to prepare for accession
to  the  European  Union.

Article  2

The financial reference amount for the implementation of
the programme, for the period mentioned in Article 1(1),
shall  be  ECU  10  million.

Article  1

Annual  appropriations  shall  be  authorised  by  the  budget
authority  within  the  limit  of  the  financial  perspective.

1. A  programme  (Falcone)  to  promote  coordinated
measures  for  those  responsible  for  the  fight  against
organised crime, in order to facilitate the implementation
and  monitoring  of  the  action  plan  to  combat  organised
crime,  is  hereby  established  for  the  period  1998  to
2002.

Article  3

Subject to the provisions of Article 1(4), training projects
having  the  following  aims  may  be  eligible:

2. For  the  purposes  of  this  Joint  Action,  ‘persons
responsible  for  the  fight  against  organised  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 
the
implementation  of  some  of  the  recommendations  in  the
action  plan,  as  well  as  the  academic  and  scientific
world.

involved 

in 

—  knowledge  of 

specific  aspects  of 

regulations,
legislation,  procedures  and  practices  relating  to  the
various  aspects  of  the  fight  against  organised  crime
referred  to  in  the  action  plan,  as  regards  prevention,
enforcement  and  prosecution,

—  preparation  of 

teaching  modules 

training,  exchanges  and 

seminars  organised  under 

for  measures
traineeships,
this

involving 
conferences  or 
programme.

Article  4

(1)  OJ  L  105,  27.4.1996,  p.  1.

Consideration  may  be  given, 
the  purpose  of
cooperation between the Member States, to joint projects

for 

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of  limited  duration,  including  aspects  relating  to  their
preparation,  and  the  temporary  secondment  of  experts
organised by the persons responsible for the fight against
organised  crime.  Such  projects  shall  be  designed  to
improve  skills  and  operational  methods  in  combating
various  forms  of  organised  crime.  The  Europol  Drugs
Unit  and,  after  the  Convention  has  entered  into  force,
Europol  shall  be  invited  to  participate  in  projects  within
their  sphere  of  responsibility.

Article  5

As  regards  traineeships,  exchanges  and  the  organisation
of  meetings  and  seminars,  projects  having  the  following
aims  may  be  eligible:

—  the  organisation  of  visits  and 

limited-duration
traineeships with public bodies which have been given
particular 
fight  against
organised crime,

responsibilities 

the 

in 

Article  7

As  regards  dissemination  and  exchange  of  information,
projects  having  the  following  aims,  as  laid  down  in  the
action  plan  to  combat  organised  crime,  may  be  eligible:

the  dissemination  of 

—  assistance  in  setting  up  networks  of  contact  points  to
facilitate 
information  and
cooperation  procedures  between  the  departments
concerned 
(data  collection  and  analysis  system,
enforcement  and  judicial  agencies  and  integrated
multidisciplinary teams),

—  aid  for  the  creation  and  development  of  databases  or
electronic  data  networks  containing  legislation  and
case-law  on  the  fight  against  organised  crime  for  the
purpose  of  facilitating  the  action  of  the  persons
responsible  for  the  fight  against  organised  crime,

—  dissemination  of 

information  on  the  operations
referred  to  in  Articles  3,  5  and  6  and,  where
appropriate,  operations  under  Article  4.

—  the  organisation  and  holding  of  seminars  on  specific

aspects  of  organised  crime.

Article  8

Article  6

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

As  regards  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:

—  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,

—  implementation of scientific, technical or comparative
research  on  specific  aspects  of  the  fight  against
organised  crime  or  coordination  of  research  on  the
matter,

—  comparison and assessment of instruments directly or
indirectly  applicable  to  the  fight  against  organised
crime  (prevention,  enforcement  and  prosecution),
including,  where  appropriate, 
instruments  and
procedures used by the applicant countries, to identify
possibilities  for  defining  common  policies  against
organised  crime  and  measures  for  convergence  or
harmonisation  which  could  constitute  a  long-term
objective  of  the  European  Union,

—  comparison  and  assessment  of  methods  used  in  the
fight  against  organised 
crime  by  operational
departments  (police,  customs  and  the  judiciary)  to
identify  means  of  improving  and,  where  appropriate,
coordinating  the  methods  in  question.

2. The  bodies  responsible  for  projects  may  be  public  or
private  organisations,  including  research  institutes  and
institutions  for  basic  training  or  for  continuing  training.

3. The  projects  to  be  financed  shall  be  subject  to  a
selection  procedure  taking  into  account  in  particular  the
following criteria:

—  compatibility to topics covered with work undertaken
or  planned  under 
the  multiannual  cooperation
priorities  established  by  the  Council  for  justice  and
home affairs and in particular with the action plan to
combat  organised  crime,

—  input  towards  the  framing  or  implementation  of
instruments  adopted  or  to  be  adopted  under  Title  VI
of  the  Treaty,

—  complementarity  between  the  various  projects,

—  number  and  nature  of  the  departments  or  categories

of  persons  targeted,

—  quality  of  the  institution  responsible,

—  degree  of  preparation  of  the  participants,

—  scope  for  drawing  on  results  achieved  in  order  to

reinforce  cooperation  between  Member  States.

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

those  responsible 

3.
It  shall  undertake  each  year  an  assessment  of  the
measures  implementing  the  programme  for  the  previous
year.

Article  9

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

Article  10

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

2. Financial  support  from  the  Community  budget  may
not  exceed  80 %  of  the  cost  of  the  project.

and 

interpreting 

3. Translation 
expenses,
data-processing  costs  and  expenditure  on  durables  or
consumables shall be taken into consideration only when
they  constitute  a  necessary  support  for  carrying  out  the
measure  and  may  be  financed  only  up  to  a  maximum  of
50 %  of  the  subsidy,  or  80 %  where  the  very  nature  of
the  project  makes  them  indispensable.

relating 

4. Expenditure 
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.

Article  11

1. The  Commission 
for
shall 
implementing  the  measures  provided  for  in  this  Joint
Action  and  shall  adopt  the  detailed  procedures  for
applying  it,  including  the  eligibility  criteria  for  costs.

responsible 

be 

in  Article  12, 

It  shall  draw  up  each  year,  with  the  assistance  of
2.
specialists  in  the  fight  against  organised  crime  who  shall
be  identified  by  the  members  of  the  Committee  referred
to 
the  draft  annual  programme
implementing  this  Joint  Action  in  terms  of  the  thematic
priorities and the distribution of available appropriations
between  fields  of  activities.  In  this  context,  account  shall
be  taken  of  the  results  of  the  assessment  of  the  measures
undertaken  pursuant  to  paragraph  3.

Article  12

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

2. The  Commission  shall  submit  to  the  Committee  the
draft  annual  programme  referred  to  in  Article  11(2),
together  with  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.

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.

the  annual  programme 

the
3. Once 
Commission  shall 
the
immediately 
European  Parliament  and  shall  keep  the  Committee
continually  informed  of  the  views  of  the  European
Parliament.

is  adopted, 
to 

forward 

it 

Article  13

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  11(2).

2. The  Commission  shall  examine  the  projects  that  are
submitted  to  it  with  the  assistance  of  the  specialists
referred  to  in  Article  11(2).

3. Where the financing requested is less than or equal to
ECU  50 000,  the  representative  of  the  Commission  shall
submit  a  draft  to  the  Committee  referred  to  in  Article
12(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 the draft within a time
limit which the Chairman may lay down according to the
urgency  of  the  matter.  The  Chairman  shall  not  vote.

The opinion shall be recorded in the minutes; in addition,
each Member State shall have the right to ask to have its
position  recorded  in  the  minutes.

The  Commission  shall  take  the  fullest  account  of  the
opinion  delivered  by  the  Committee.  It  shall  inform  the
Committee  of  how  it  has  done  so.

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31.3.98

4. Where  the  financing  requested  exceeds  ECU  50 000,
the  Commission  shall  submit  to  the  Committee  referred
to  in  Article  12(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.

programme,  appointed  in  agreement  with  the  Committee
referred  to  in  Article  12.

2. Each  year  the  Commission  shall  prepare  a  summary
report  on  the  operations  undertaken  and  the  evaluation
carried  out,  to  be  sent  to  the  European  Parliament  and
the  Council.  The  first  report  shall  be  presented  at  the
latest  by  the  end  of  the  year  in  which  all  the  operations
relating  to  the  first  year  of  operation  are  completed.

Article  16

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

Article  14

It shall be applicable until 31 December 2002, at the end
of  which  it  may  be  extended.

1. Measures covered by this programme and financed by
the general budget of the European 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 (1).

2. When  presenting  the  financing  proposals  referred  to
in  Article  13  and  the  assessment  provided  for  in  Article
11,  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.

Article  15

1. The  Commission  shall  organise  an  evaluation  of  the
impartial  experts  from  outside  the
programme  by 

Article  17

This  Joint  Action  shall  be  published  in  the  Official
Journal.

Done  at  Brussels,  19  March  1998.

For  the  Council

The  President

J.  STRAW

(1)  OJ  L  356,  31.12.1977,  p.  1.  Regulation  as  last  amended  by
Regulation  (EC)  No  2444/97  (OJ  L  340,  11.12.1997,  p.  1).