98/244/JHA: Joint Action of 19 March 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, introducing a programme of training, exchanges and cooperation in the field of asylum, immigration and crossing of external borders (Odysseus- programme)
Date: 1998-03-19
Institutions: Council of the European Union
Subjects: EU programme, cooperation policy, enlargement of the Union, immigration, joint action, migration control, right of asylum

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Official  Journal  of  the  European  Communities

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,
introducing  a  programme  of  training,  exchanges  and  cooperation  in  the  field  of  asylum,
immigration  and  crossing  of  external  borders  (Odysseus-programme)

(98/244/JHA)

THE  COUNCIL  OF  EUROPEAN  UNION,

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

Having  regard  to  the  proposal  from  the  Commission,

Whereas  the  Member  States  consider  as  matters  of
common  interest:

—  asylum policy,

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

thereon, 

—  immigration  policy  and  policy  regarding  nationals  of

third  countries;

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

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

Whereas 
understanding  of  the 

this  programme  contributes 

to  a  better
instruments  of  the  European

(1)  Joint Action 96/637/JHA of 28 October 1996 adopted by the
Council  on  the  basis  of  Article  K.3  of  the  Treaty  on
European  Union,  introducing  a  programme  of  training,
exchanges and cooperation in the field of identity documents
(‘Sherlock’)  (OJ  L  287,  8.11.1996,  p.  7).

Union  in  the  fields  of  asylum,  immigration  and  the
crossing  of  external  borders  on  the  part  of  the  officials
responsible  for  implementing  the  detailed  rules  in  this
connection;

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

to 

thanks 

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

Whereas  this  Joint  Action  is  without  prejudice  to  the
powers  of  the  Community  and  will  therefore  not  detract
from  the  conduct  of  the  PHARE  programme  nor  from
the  Community  measures  taken  in  implementation  of
vocational  training  policy,  in  particular  the  Leonardo  da
Vinci  programme;  whereas  action  under  this  programme
is  to  be  complementary  to,  and  coordinated  with  the
other  training  measures  financed  in  accordance  with
Community  law;

Whereas  future  developments  in  Community  law  may
require  this  programme  to  be  adapted;

Whereas  the  Presidency  has  consulted  the  European
Parliament  in  accordance  with  Article  K.6  of  the  Treaty
on  European  Union,

HAS  ADOPTED  THIS  JOINT  ACTION:

CHAPTER  1

GENERAL

Article  1

Principles  and  objectives

1. A  programme  (the  Odysseus  programme)of  training,
exchanges  and  cooperation,  within  the  meaning  of  the

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in  Article  3,  which  shall  qualify 

definitions 
for
Community  financial  support,  is  hereby  established  for
the  period  from  1998  to  2002.  This  programme  shall
concern  the  fields  of  asylum,  immigration  and  the
crossing  of  external  borders.

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

—  Article  K.3(1)  of  the  Treaty,

—  the  existence  of  Community  or  Union  legislation

already  in  force,

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

cooperation 

between 

of 

—  priorities  set  by  the  Council  for  cooperation  in  the

fields  of  justice  and  home  affairs,

own for the purpose of comparing their practice with
that  of  their  counterparts  there,  in  compliance  with
the  data-protection  requirements  laid  down  in  the
State,

—  studies  and  research:  work  of  an  educational  nature
involving  the  design,  development  and  dissemination
of  teaching  materials,  or  other  documents  such  as
databases  and  directories.

2. For  the  purposes  of  the  Odysseus  programme,
‘identity  documents’  shall  be 
the
documents  issued  by  the  Member  States  and  third
countries,  principally  to  enable  the  holders  thereof  to
prove  their  identity  and  to  cross  an  external  border,  if
need  be.

to  mean 

taken 

Article  4

Training

—  any  other  cooperation  required  for  the  purposes  of

Article  K.3(1)  of  the  Treaty.

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

—  training  for  instructors,

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

—  specialist  training,  in  particular  advanced  courses  for
decision-makers,  officials  responsible  for  preparing
administrative  decisions,  judges  and  courses  designed
for  those  in  charge  of  training,

—  the  exchange  of  information  and  expertise  between

national  authorities.

Article  2

The financial reference amount for the implementation of
the  programme  for  the  period  mentioned  in  Article  1(1)
shall be ECU 12 million. The annual appropriations shall
be authorised by the budget authority within the limits of
the  financial  perspective.

Article  3

Definitions

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

—  training  measures:  organisation  of  practical  training
theoretical  and  practical

focusing  on 

courses 
knowledge,

—  exchange  measures:  period 

spent  by  officials,
magistrates  or  other  servants  empowered  by  the
Member  States  in  a  Member  State  other  than  their

Article  5

Exchanges

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

administrative 

national 

the 

Article  6

Studies  and  research

1. The  Odysseus-programme  shall  comprise:

—  the  design,  production  and  dissemination  of  teaching
materials  to  enhance  the  effectiveness  of  training
schemes,

—  ways  of  improving  the  circulation  of  information  in

the  areas  to  which  the  programme  relates,

—  analyses  and  reports  on  subject  areas  connected  with
this  programme  and  compatible  with  its  objectives.

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CHAPTER  II

STRUCTURE

Article  7

Asylum

In  the  field  of  asylum,  measures  shall  focus  primarily

1.
on:

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

departments,  border  control  services,  etc.)  and  the
role of the UNHCR, other international organisations
and  NGOs,

—  treatment of asylum-seekers whose requests have been

definitively rejected.

Article  8

Immigration

Projects  may  be  taken  into  consideration  under  the
heading  of  measures  in  the  field  of  immigration  of
nationals  of  third  countries,  if  they  are  concerned  with
the  following  areas:

—  close 

cooperation  between 

administrations  and  bodies,  empowered  by 
Member  States.

competent  national
the

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

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

—  the  application  of  other  legal  instruments  relating  to

asylum.

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

—  procedures  for  examining  asylum  requests  at  first
(standard  or  accelerated)  and  appeal

instance 
procedures,

—  admission  of 

third  country  nationals,  and 

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

—  combating 

illegal 

immigration,  and 

in  particular
combating  illegal  entry,  residence  and  employment,
and the organisation of the expulsion and repatriation
of illegal immigrants, as well as combating trafficking
in human beings and those responsible for organising
it.

Article  9

Crossing  of  external  borders

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

—  systems  of  documentation  on  countries  of  origin,

Article  10

—  conditions  for  reception  of  asylum-seekers,  including

their  rights  and  obligations,

—  alternatives  to  refugee  status,  including  temporary

protection,

—  cooperation  between  the  various  bodies  involved
scrutiny  departments,  welfare

(asylum 

request 

Cooperation  with  applicant  countries

Specific subprogrammes in the areas listed in Articles 7 to
9  shall  be  set  up  in  each  annual  programme  to  prepare
the  applicant  countries  for  accession  in  those  areas.
Special attention shall be paid to transposal into national
law  and  application  by  civil  servants  working  in  these
fields.

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Within  the  framework  of  cooperation  with  the  applicant
States,  measures  shall  be  targeted  on:

—  improving knowledge of the Union acquis in order to
help the  applicant  States to  take  the  measures  needed
to  enable  their  services  to  work  in  line  with  Union
standards  and  rules,

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

—  exchange  of 

legal  and
administrative  institutional  systems  of  the  Member
States  and  the  applicant  States.

information  on 

the 

CHAPTER  III

FINANCIAL  PROVISIONS

Article  11

Financing criteria

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

Projects  may  involve  States  applying  for  accession  where
the aim is to prepare for their accession and may involve
other  third  countries  where  this  would  be  useful  for  the
purpose  of  the  projects.

Article  12

Financial  control

financing  decisions  and 

The 
the  contracts  arising
therefrom  shall  provide  in  particular  for  monitoring  and
financial  control  by  the  Commission  and  audits  by  the
Court  of  Auditors,  the  results  of  which  shall  be
forwarded  to  the  budget  authority.

Article  13

Level  of  Community  finance

1. All types of expenditure which are directly chargeable
to  the  implementation  of  the  measure  and  have  been
incurred over a specific, contractually defined period shall
be eligible, up to the ceiling of appropriations authorised
under  the  annual  budgetary  procedure.

financial  support 

the
2. The  proportion  of 
Community budget shall be 60 % of the total cost of the
programme  save  in  exceptional  cases  where,  subject  to
the  procedures  laid  down  in  Chapter  IV,  it  shall  not
exceed  80 %.

from 

4. Expenditure  relating  to  premises,  collective  facilities
and the salaries of officials of the State and public bodies
shall  be  eligible  only  if  it  corresponds  to  postings  and
tasks  not  connected  with  national  use  or  function  but
specifically  connected  with  the  implementation  of  this
Joint  Action.

Article  14

Rules  of  procedure

in 

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

financing 

presenting 

2. When 
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.

proposals, 

CHAPTER  IV

MANAGEMENT  AND  MONITORING

Article  15

Devising  the  programme

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

(1)  OJ  L  356,  31.12.1997,  p.  1.  Regulation  as  last  amended  by
Regulation  (EC,  Euratom,  ECSC)  No  2335/95  (OJ  L  240,
7.10.1995,  p.  12).

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a 

comprising 

breakdown 

2. The  Commission  shall  draw  up  a  draft  annual
programme 
the
appropriations available and based on thematic priorities
corresponding  to  the  structure,  content  and  objectives  of
the  programme.  The  annual  programme  shall  cover  the
three  areas  referred  to  in  Articles  7,  8  and  9,  but  may
give  preference  to  one  of  these  if  required  to  meet  the
needs  of  the  national  administrations.

of 

To that end, the Commission shall scrutinise the projects
submitted  to  it  in  the  light  of  the  criteria  specified  in
Article  1(2),  taking  due  account  of  the 
innovative
character  of  the  proposed  measure  and  of  the  overall
consistency  of  the  programme.

Article  16

Annual  implementation  of  the  programme

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

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

which  the  Chairman  may  lay  down  according  to  the
urgency  of  the  matter.  The  Chairman  shall  not  vote.

in  the  Committee’s
The  opinion  shall  be  recorded 
minutes;  each  Member  State  shall  have  the  right  to  ask
that  its  position  be  recorded  in  the  minutes.

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

the  Committee. 

It  shall 

inform 

3. Where  the  financing  requested  exceeds  ECU  50 000,
the  Commission  shall  submit  to  the  Committee  referred
to  in  Article  16(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.

4. Notwithstanding paragraphs 2 and 3, a Member State
may,  at  any  time  before  the  Committee  has  given  its
opinion, request that, for important and stated reasons of
national  policy,  a  project  concerning  the  crossing  of
external  borders  be  submitted  by  the  Council.

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

If  such  a  request  has  been  made,  the  Commission  shall
forthwith  submit  a  proposal  to  the  Council,  which  shall
decide  unanimously  within  two  months.

3. Once  the  programme  has  been  agreed,  it  will  be
forwarded  to  the  European  Parliament;  the  Commission
will  keep  the  Committee  informed  of  the  views  of  the
European Parliament.

Article  18

Evaluation

Article  17

Management  of  the  programme

1. As  from  the  second  financial  year,  projects  for  which
finance 
the
Commission  for  scrutiny  before  31  March  of  the
budgetary  year  to  which  they  are  to  be  charged.

submitted 

shall  be 

requested 

to 

is 

1. The  Commission  shall  be  responsible  for  organising
an  evaluation  of  the  programme  by  impartial  experts
unconnected  with 
in
agreement  with  the  Management  Committee  referred  to
in  Article  16.

the  programme,  appointed 

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

2. Where  the  financing  requested  is  less  than  ECU
50 000,  the  Commission  representative  shall  submit  a
draft  to  the  Committee  referred  to  in  Article  16(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

Article  19

Joint  Action  96/637/JHA  is  hereby  repealed.

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Projects  already  under  way  or  those  on  which  a
favourable  opinion  has  been  given  under  the  procedure
laid  down  in  Article  13(3)  of  Council  Joint  Action
96/637/JHA  of  28  October  1996  shall  be  carried  out  as
part  of  the  implementation  of  the  Odysseus  programme.

Article  20

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

It  shall  be  published  in  the  Official  Journal.

Done  at  Brussels,  19  March  1998.

For  the  Council

The  President

J.  STRAW