2001/513/JHA: Council Decision of 28 June 2001 establishing a second phase of the programme of incentives, exchanges, training and cooperation for law enforcement authorities (Oisin II)
Date: 2001-06-28
Institutions: Council of the European Union
Subjects: action programme, cooperation policy, exchange of information, repression, vocational training

L 186/4

EN

Official Journal of the European Communities

7.7.2001

COUNCIL DECISION

of 28 June 2001

establishing a second phase of the programme of incentives, exchanges, training and cooperation
for law enforcement authorities (Oisin II)

(2001/513/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in partic-
ular Articles 30(1), 31(a) and 34(2)(c) thereof,

Having regard to the proposal from the Commission (1),

ment of the budgetary procedure (4), is included in this
Decision for the entire duration of
the programme,
without thereby affecting the powers of the budgetary
authority as they are defined by the EC-Treaty,

Having regard to the opinion of the European Parliament (2),

HAS ADOPTED THIS DECISION:

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

Article 29 of the Treaty on European Union states that
the Union's objective is to provide citizens with a high
level of safety within an area of freedom, security and
justice by developing common action among the
Member States
in the field of police and judicial
cooperation.

The conclusions of the Tampere European Council call
for closer cooperation between the authorities respon-
sible for combating crime.

The Oisin programme, set up by Council Joint Action
97/12/JHA of 20 December 1996 providing a common
the exchange and training of, and
programme for
cooperation between,
authorities
(‘Oisin’) (3), has helped step up cooperation between the
Member States'

law enforcement authorities.

law enforcement

The renewal of the programme, expressly provided for
by that Joint Action, would enable this cooperation to
be improved,
in particular by making full use of the
operational benefits of the programme.

It
is desirable to ensure continuity for the projects
supported by the Oisin programme and to renew the
programme for a second phase of two years.

The Oisin programme must be opened up further to the
applicant countries by facilitating their participation in
the projects supported by the programme.

The measures necessary for the implementation of this
Decision should be adopted in accordance with the
procedures set out herein.

A financial reference amount, within the meaning of
point 34 of the Interinstitutional Agreement of 6 May
1999 between the European Parliament, the Council and
the Commission on budgetary discipline and improve-

(1) OJ C 96 E, 27.3.2001, p. 339.
(2) Opinion delivered on 5 April 2001 (not yet published in the Offi-

cial Journal).

(3) OJ L 7, 10.1.1997, p. 5.

Article 1

Establishment of the programme

1.
This Decision establishes the second phase of the Oisin
cooperation programme set up by Joint Action 97/12/JHA.

The programme is hereby renewed for the period from 1

2.
January 2001 to 31 December 2002.

Article 2

Programme objectives

1.
The programme shall contribute to the general objective
of providing citizens with a high level of protection in an area
of freedom, security and justice. Within this framework, it is
intended to encourage cooperation between the Member States'
law enforcement authorities and to provide such authorities
with a greater insight into the working methods of their coun-
terparts in other Member States and constraints by which they
may be bound.

2.
The applicant countries may participate in projects in
order to familiarise themselves with the Union acquis in this
area and help them prepare for accession. Other third countries
may also participate where this serves the aims of the projects.

Article 3

Access to the programme

The programme shall co-finance projects submitted by
1.
the law enforcement authorities of the Member States of the
European Union with the aim of achieving the objectives
referred to in Article 2.

For the purposes of

‘law enforcement
2.
authorities’ means the public bodies in the Member States
which are responsible under national
law for preventing,
detecting and combating criminal offences.

this Decision,

(4) OJ C 172, 18.6.1999, p. 1.

7.7.2001

EN

Official Journal of the European Communities

L 186/5

To be eligible for co-financing, the projects must involve
3.
at least three Member States, or two Member States and one
applicant country, and have the objectives mentioned in Article
2.

4.

The programme may also finance:

(a) specific projects organised by Member States of particular
interest in terms of the programme's priorities or coopera-
tion with the applicant countries;

(b) complementary measures organised by Member States such
as seminars, meetings of experts or other activities to
disseminate
the
programme.

information

obtained

under

the

Article 4

Activities under the programme

The programme shall comprise the following types of activities:

(a) training;

(b) exchanges and work experience placements;

(c) studies and research;

(d) meetings and seminars;

(e) dissemination of the results obtained within the framework

of the programme.

Article 5

Financing the programme

The financial reference amount for the implementation of
1.
this programme for the period 2001 to 2002 shall be EUR 8
million.

The annual appropriations shall be authorised by the
2.
budgetary authority within the limits of the financial perspec-
tive.

The co-financing of a project by the programme shall be
financing by another programme

3.
exclusive of any other
financed by the general budget of the European Union.

4.
Financing decisions shall be followed by grant contracts
between the Commission and the organisers. The financing
decisions and contracts arising therefrom shall be subject to
financial control by the Commission and to audits by the Court
of Auditors.

The proportion of financial support from the Community

5.
budget shall not exceed 70 % of the cost of the project.

6.
However, the specific projects and complementary meas-
ures mentioned in Article 3(4) can be financed to 100 %, up to
a ceiling of 10 % of
financial package allocated
annually to the programme for specific projects under Article
3(4)(a) and 5 % for complementary measures under Article
3(4)(b).

the total

Article 6

Implementation of the programme

The programme shall be managed by the Commission in
2.
accordance with the Financial Regulation applicable to the
general budget of the European Communities.

3.

To implement the programme, the Commission shall:

(a) prepare an annual work programme comprising specific
if necessary, a list of

objectives, thematic priorities and,
specific projects and complementary measures;

(b) evaluate and select the projects presented by the organisers

mentioned in Article 3.

submit

The Commission shall

4.
to the Committee
mentioned in Article 7 the draft measures to be taken to
implement the project in sufficient time to enable the Member
States to consider them. Examination of the drafts presented by
the organisers shall be carried out in accordance with the
advisory procedure laid down in Article 8. Examination of the
annual work programme, the specific projects and the comple-
mentary measures shall be carried out in accordance with the
management procedure laid down in Article 9.

The Commission shall, on condition that

5.
they are
compatible with the relevant policies, evaluate and select
projects submitted by the organisers on the basis of
the
following criteria:

(a) conformity with the programme's objectives;

(b) European dimension of the project and scope for participa-

tion by the applicant countries;

(c) compatibility with the work undertaken or planned within
the framework of the European Union's political priorities
on police and customs cooperation;

(d) complementarity with other past, present or

future

cooperation projects;

(e) ability of the organiser to implement the project;

(f) inherent quality of the project in terms of its conception,

organisation, presentation and expected results;

(g) amount of the subsidy requested under the programme and

proportionality with the expected results;

(h) impact of the expected results on the programme's objec-

tives.

criteria will be prioritised in the

These
programme.

annual work

Article 7

Committee

1.
The Commission shall be assisted by a committee, enti-
tled the ‘Oisin Committee’, consisting of representatives of the
Member States and chaired by the Commission's representative.

2.
This committee shall adopt its rules of procedure on a
proposal by the chair on the basis of standard rules of proce-
dure which have been published in the Official Journal of the
European Communities.

1.
The Commission shall be responsible for the manage-
ment and implementation of the programme, in cooperation
with the Member States.

3.
The Commission may invite representatives from the
applicant countries to information meetings after the Commit-
tee's meetings.

L 186/6

EN

Official Journal of the European Communities

7.7.2001

Article 8

Advisory procedure

1. Where reference is made to this Article, the Commission
shall be assisted by an advisory committee composed of the
representatives of the Member States and chaired by the repres-
entative of the Commission.

2.
The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee
shall deliver its opinion on the draft, within a time-limit which
the chairman may lay down according to the urgency of the
matter,

if necessary by taking a vote.

3.
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 utmost account of the
4.
opinion delivered by the committee.
inform the
committee of the manner in which the opinion has been taken
into account.

It shall

Article 9

Management procedure

1. Where reference is made to this Article, the Commission
shall be assisted by a management committee composed of the
representatives of the Member States and chaired by the repres-
entative of the Commission.

2.
The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee
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 opinion shall be delivered by the majority laid
down in Article 205(2) of the Treaty establishing the European
Community,
is
required to adopt on a proposal from the Commission. The
votes of the representatives of the Member States within the
committee shall be weighted in the manner set out in that
Article. The chairman shall not vote.

in the case of decisions which the Council

The Commission shall adopt measures which shall apply
3.
immediately. However, if these measures are not in accordance
with the opinion of the committee, they shall be communi-
cated by the Commission to the Council forthwith. In that
event, the Commission may defer application of the measures
which it has decided on for a period of three months from the
date of such communication.

4.
The Council, acting by qualified majority, may take a
different decision within the period provided for by paragraph
3.

Article 10

Evaluation

1.
The Commission shall undertake each year an evaluation
of the actions carried out in implementing the programme for
the previous year. The outcome of the evaluation shall be
forwarded to the committee.

The Commission shall report each year to the European
2.
Parliament and the Council on the implementation of
the
programme. The first report shall be presented before 31 July
2002.

Article 11

Entry into force

This Decision shall take effect from the day of its publication in
the Official Journal.

It shall apply until 31 December 2002.

Done at Luxembourg, 28 June 2001.

For the Council

The President

B. ROSENGREN