2001/512/JHA: Council Decision of 28 June 2001 establishing a second phase of the programme of incentives and exchanges, training and cooperation for legal practitioners (Grotius II — Criminal)
Date: 2001-06-28
Institutions: Council of the European Union
Subjects: action programme, cooperation policy, exchange of information, judicial cooperation in criminal matters in the EU, legal profession, vocational training

7.7.2001

EN

Official Journal of the European Communities

L 186/1

(Acts adopted pursuant to Title VI of the Treaty on European Union)

COUNCIL DECISION

of 28 June 2001

establishing a second phase of the programme of incentives and exchanges, training and coopera-
tion for legal practitioners (Grotius II — Criminal)

(2001/512/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

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

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

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

Whereas:

(1)

(2)

(3)

(4)

(5)

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 fields of police and judicial
cooperation in criminal matters.

The conclusions of the Tampere European Council call
for cooperation in the fight against crime to be stepped
up in order to achieve a genuine European area of
justice.

The Grotius programme, set up by Council Joint Action
96/636/JHA of 28 October 1996 on a programme of
incentives
practitioners
(‘Grotius’) (3), has helped step up cooperation between
the Member States'
judiciaries and improve mutual
understanding of their legal and judicial systems.

exchanges

legal

and

for

The renewal of the programme, expressly provided for
by that Joint Action, would enable this cooperation to
be improved.

The entry into force of the Amsterdam Treaty brings
judicial cooperation in civil matters under Article 61 of
the Treaty establishing the European Community and,
consequently, support for cooperation activities in this
field has become the subject of a separate Commission
initiative on the
‘Civil’
renewal of
programme.

the Grotius

(6)

It is desirable to ensure continuity for the general and
criminal projects supported by the Grotius programme

(1) OJ C 96 E, 27.3.2001, p. 336.
(2) Opinion delivered on 5 April 2001 (not yet published in the Offi-

cial Journal).

(3) OJ L 287, 8.11.1996, p. 3.

(7)

(8)

(9)

and to renew the programme for a second phase of two
years.

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

supported

by

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

HAS ADOPTED THIS DECISION:

Article 1

Establishment of the programme

This Decision establishes,
second phase of

1.
the
matters,
programme, hereinafter
Action 96/636/JHA.

for general and criminal
cooperation
the Grotius
‘the programme’, set up by Joint

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 stimulate mutual knowledge of legal and judicial
systems and to facilitate general judicial and criminal coopera-
tion between the Member States.

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

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Official Journal of the European Communities

7.7.2001

2.

The specific objectives of the programme are:

Article 5

(a) preparation of projects in the field of criminal

judicial

cooperation;

(b) help in implementing the instruments adopted;

(c) support for better mutual understanding on general topics

of shared interest for the Member States;

(d) local ad hoc projects with the aim of improving coopera-

tion on the ground;

(e) setting up networks between certain organisations and

professions.

The applicant countries may participate in projects in
3.
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.
institutions and public or private organisations,
including
professional organisations, research institutes and legal and
judicial
legal practi-
tioners.

training institutes for

training/further

For the purposes of this Decision,

2.
‘legal practitioners’
means judges, public prosecutors, lawyers, law officials, crim-
investigation officers, bailiffs, experts, court interpreters,
inal
other professionals
and
researchers.

associated with

judiciary

the

3.
To be eligible for co-financing, the projects must involve
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
the
disseminate
programme.

information

obtained

under

the

Article 4

Activities under the programme

The programme shall comprise the following types of activities
which apply to all fields of judicial cooperation with the excep-
tion of judicial cooperation in civil matters:

(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.

Financing the programme

The financial reference amount for the implementation of
1.
this programme for the period 2001 to 2002 shall be EUR 4
million.

2.
The annual appropriations shall be authorised by the
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

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

2.
The programme shall be managed by the Commission in
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.

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The Commission shall, on condition that

they are
5.
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 judicial cooperation in general and criminal matters;

(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 ‘Grotius II - Criminal Committee’, consisting of repre-
sentatives of the Member States and chaired by the Commis-
sion'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. The Commission may invite representa-
tives from the applicant countries to information meetings
after the Committee's meetings.

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.

4.
opinion delivered by the Committee.

The Commission shall take the utmost account of the
inform the

It shall

Committee of the manner in which the opinion has been taken
into account.

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
implementation of
the programme. The first report shall be presented before
31 July 2002.

and the Council on the

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