Proposal for a Council decision adopting an action programme for administrative co-operation in the fields of external borders, visas, asylum and immigration (ARGO)
Date: 2001-10-16
Institutions: European Commission
Subjects: EU visa policy, action programme, administrative cooperation, enlargement of the Union, immigration, migration control, right of asylum

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Proposal for a Council Decision adopting an action programme for administrative co-operation in
the fields of external borders, visas, asylum and immigration (ARGO)

(2002/C 25 E/12)

COM(2001) 567 final (cid:151) 2001/0230(CNS)

(Submitted by the Commission on 16 October 2001)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 66 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Whereas:

(1) Administrative co-operation between the Member States in
the areas covered by Articles 62 and 63 of the Treaty is
part of the Community’s objective of progressively estab-
lishing an area of freedom, security and justice.

(2) Joint Action 98/244/JHA of 19 March 1998 adopted by the
the Treaty on
Council on the basis of Article K.3 of
European Union,
training,
exchanges and co-operation in the field of asylum, immi-
gration and crossing of
(Odysseus
Programme) (1) will come to an end once the budget
allocated has been exhausted in 2001.

introducing a programme of

external borders

(3) In accordance with the conclusions of

in Tampere on 15 and 16 October 1999,

the European
the
Council
Commission has defined in its Communication to the
Council and the European Parliament on the biannual
update of
the scoreboard to review progress on the
creation of an area of freedom, security and justice in the
European Union (first half of 2001) (2) an ambitious legis-
lative programme that should lead to a new body of
Community rules in the area of Justice and Home Affairs
that will have to be implemented by the Member States.

(4) Uniformity between the practices of the Member States
when applying Community law can be obtained by
strengthening co-operation and collaboration among their
national administrations, and between them and the
Commission.

(5) Individual action by each administration is incapable of
achieving such results. A Community framework is
therefore necessary for improving mutual understanding
between the competent national administrations and the
way they implement the relevant Community legislation,
and for defining the priority areas of administrative
co-operation required.

(6) A high level of training of equivalent quality throughout
the Community is needed to guarantee the success of this
action programme,
the experience
gained with the Odysseus Programme.

taking advantage of

(7) The implementation of a Community action programme
constitutes one of the most effective ways of achieving
these objectives and will provide a basis to the Commission
for assessing whether establishing a common training insti-
tution would be a suitable way of improving the training in
Community law given to the staff of the Member States.

(8) The measures necessary for the implementation of

this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
implementing powers
the exercise of
procedures
conferred on the Commission (3),

for

HAS ADOPTED THIS DECISION:

CHAPTER I

INTRODUCTORY PROVISIONS

Article 1

Subject-matter and scope

This Decision establishes a Community action programme to
be called (cid:145)ARGO(cid:146)
the actions
undertaken by the Community and the Member States in the
implementation of Community legislation founded on Articles
62, 63 and 66 of the Treaty.

to support and complement

The ARGO programme shall cover the period from 1 January
2002 to 31 December 2006.

(1) OJ L 99, 31.3.1998, p. 2.
(2) COM(2001) 278 final.

(3) OJ L 184, 17.7.1999, p. 3.

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Article 2

Definition

For the purposes of
this Decision (cid:145)national administrations(cid:146)
means the departments of the administrations of the Member
States or other bodies delegated by those administrations which
are responsible for the implementation of Community legis-
lation founded on Articles 62 and 63 of the Treaty and on
Article 66 of the Treaty in so far as concerns administrative
co-operation in the areas covered by the said Articles 62 and
63.

Article 3

General objectives

(b) to provide an equivalent level of effective protection and

surveillance at external borders;

(c)

to reinforce the effectiveness of controls at border crossing
points and surveillance between crossing points.

Article 5

Activities in the area of visas

In order to achieve the objectives set out in Article 3, this
action programme shall support the activities of the Member
States in the area of visas intended:

This action programme shall contribute to the following
objectives:

(a) to ensure that Member States issue visas in compliance
with the common principles and implementing rules laid
down by Community legislation;

(a) to promote co-operation between national administrations
in implementing Community rules with special attention to
the pooling of resources and co-ordinated and homo-
geneous practices;

(b) to promote the uniform application of Community law in
order to harmonise the decisions taken by the national
administrations of any Member State,
thereby avoiding
malfunctioning likely to prejudice the progressive estab-
lishment of an area of freedom security and justice;

(c)

to improve the overall efficiency of national administrations
in the carrying out of
their tasks when implementing
Community rules;

(d) to ensure that proper account is taken of the Community
the national adminis-
of

dimension in the organisation of
trations
the
contributing
Community rules;

implementation

to

(e)

to encourage transparency of actions taken by the national
authorities by strengthening relations between the national
administrations and relevant national and international
governmental and non-governmental organisations.

CHAPTER II

ACTIVITIES COVERED BY ARGO

Article 4

(b) to promote an equivalent

level of control and security

when issuing visas;

(c)

to promote harmonisation in the examination of visa
applications,
supporting documents
regarding the purpose of the journey, means of subsistence
and accommodation;

and in particular

(d) to promote harmonisation of

Member States
visas to facilitate controls at
freedom of movement between Member States.

to certain categories of applicants

exceptions

applied by
for
the external borders and

Article 6

Activities in the area of asylum

In order to achieve the objectives set out in Article 3, this
action programme shall support the activities of the Member
States in the area of asylum intended:

(a) to promote the establishment and operation of

the
Common
supporting
European Asylum System by
measures and standards leading to a common asylum
procedure and a uniform status for those granted asylum
valid throughout the Community;

(b) to facilitate the determination of the State responsible for

the examination of an asylum application;

Activities in the area of external borders

In order to achieve the objectives set out in Article 3, this
action programme shall support the activities of the Member
States in the area of external borders intended:

(c)

to support the approximation of rules on the recognition
and content of refugee status, complemented with measures
on subsidiary forms of protection offering an appropriate
status to any person in need of such protection;

(a) to ensure that the Member States carry out border controls
in
and
the
implementing rules laid down by Community legislation;

compliance with

principles

common

(d) to reinforce the efficiency and fairness of asylum procedure
and to increase convergence in decisions dealing with
asylum applications;

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(e)

to develop resettlement and entry facilities, and legal means
for
admission into Member States on humanitarian
grounds.

(d) evaluation of the impact of common rules and procedures

founded on Articles 62 and 63 of the Treaty;

Article 7

Activities in the area of immigration

In order to achieve the objectives set out in Article 3, this
action programme shall support the activities of the Member
States in the area of immigration intended:

(a) to ensure that Member States issue residence and work
permits in compliance with the common principles and
implementing rules laid down by Community legislation;

(b) to promote the knowledge of the rules of residence and

work permits for third country nationals;

(e) actions intended to promote the development of best
improving working methods and
shortening

simplifying

procedures

and

practices in view of
equipment,
deadlines;

(f)

setting up of common operative centres and of
teams
composed of staff drawn from two or more Member
States to act, in particular, in emergency situations;

(g) studies, research, conferences and seminars involving staff
of
the Member States and the Commission and, where
appropriate, staff of the relevant national and international
governmental and non-governmental organisations;

(c)

to encourage verification of the effects and the perception
of Community immigration policy in migrants’ countries of
origin;

(h) mechanisms for consulting and associating the relevant
national and international governmental and non-govern-
mental organisations;

(d) to ensure

efficient

an effective,

and homogeneous
application of the relevant common rules and policies in
relation to irregular migratory flows and illegal
immi-
gration while safeguarding a sufficient level of access to
international protection;

(e)

to enhance co-operation in the field of the return of illegal
including transit through other Member States.
residents,

Article 8

Types of actions

With a view to pursuing the objectives set out in Article 3 and
the activities laid down in Articles 4, 5, 6 or 7, this action
programme may support the following types of actions:

(i) Member States’ activities in third countries,

in particular

fact-finding missions in countries of origin and transit.

Article 9

Specific actions

Other modalities of administrative co-operation in the policy
areas covered by Articles 62 and 63 of the Treaty, in particular
joint operations and actions with a limited scope and duration
arising from situations which require an immediate reaction,
may be included in the framework of ARGO. The Annual
Work Programme referred to in Article 12 shall set out a
framework for
actions
these
including objectives and evaluation criteria.

financing of

specific

the

(a)

curricula

training actions including, in particular, the elaboration of
harmonised
core-training
and
programmes to be organised by national administrations
and complementary actions aimed at making national
administrations receptive to the best working methods
and techniques developed in other Member States;

common

(b) staff exchange ensuring that the seconded staff participate
effectively in the work of the host national administrations;

(c) actions promoting, on one hand, the use of computerised
handling of files and procedures, including use of the most
up-to-date techniques for electronic data exchange and, on
the other hand, the collection, analysis, distribution and
exploitation of
information making the fullest use of
information technology, in particular, the establishment of
information points and websites;

CHAPTER III

FINANCIAL PROVISIONS, MANAGEMENT AND MONITORING

Article 10

Eligibility

To be eligible for co-financing under
programme, the actions referred to in Article 8 must:

the ARGO action

(a) be proposed by the national administration of one Member

State and involve:

(cid:151) at least two other Member States or

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(cid:151) another Member State and a candidate country, where

the aim is to prepare for its accession or

(cid:151) another Member State and a third country, where this
the action

for the purpose of

would be beneficial
proposed;

(b) pursue one of the general objectives referred to in Article

3; and

(c)

implement one of the activities in the respective policy area
referred to in Articles 4, 5, 6 or 7.

Article 11

Financing

The annual appropriations shall be authorised by the
financial

authority within the

limits of

the

1.
budgetary
perspective.

The co-financing of an action by the ARGO action
2.
programme shall be exclusive of any other
financing by
another programme financed by the budget of the European
Communities.

3.
Financing decisions shall be subject to grant agreements
between the Commission and the national administrations
proposing the actions. 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 budget of
4.
the European Communities shall generally not exceed 60 % of
the cost of the action. However, in exceptional circumstances
this proportion may be raised up to 80 %.

Article 12

Implementation

The Commission shall be responsible for the management
1.
and implementation of the ARGO action programme, in part-
nership with the Member States.

The Commission shall manage

2.
programme in accordance with the Financial Regulation.

the ARGO action

To implement

3.
the
Commission shall, within the scope of the general objectives
set out in Article 3:

the ARGO action programme,

(a) prepare an Annual Work Programme comprising specific
if necessary, a list of

objectives, thematic priorities and,
actions;

Annual Work Programme shall be adopted according to
4.
the management procedure referred to in Article 13 paragraph
2. The list of selected actions shall be adopted according to the
advisory procedure referred to in Article 13 paragraph 3.

The Commission shall

5.
actions
proposed by the national administrations on the basis of the
following criteria:

and select

evaluate

(a) conformity with the Annual Work Programme, the general
objectives set out in Article 3 and the activities in the
respective policy area set out in Article 4, 5, 6 or 7;

(b) the European dimension of the proposed action and scope

for participation by the candidate countries;

(c) compatibility with the work undertaken or planned within
the framework of the Community’s political priorities in
the areas covered by Articles 62 and 63.

(d) complementarity to other past, present or future adminis-

trative co-operation actions;

(e)

the ability of the national administrations to implement the
proposed action;

(f)

the inherent quality of the proposed action in terms of its
conception, organisation, presentation and expected results;

(g) amount of the support requested under the ARGO action
programme and proportionality with the expected results;

(h) impact of the expected results on the general objectives set
out in Article 3 and on the activities in the respective
policy area set out in Article 4, 5, 6 or 7.

CHAPTER IV

GENERAL AND FINAL PROVISIONS

Article 13

Committee

1.
The Commission shall be assisted by a Committee, here-
inafter referred to as (cid:145)the ARGO Committee(cid:146), composed of
the Member States and chaired by the
representatives of
representative of the Commission.

reference

2. Where
the
management procedure laid down in Article 4 of Decision
1999/468/EC shall apply, in compliance with Article 7 thereof.

to this paragraph,

is made

(b) evaluate and select the actions proposed by the national

administrations.

The period provided for in Article 4 paragraph 3 of Decision
1999/468/EC shall be set at three months.

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3. Where reference is made to this paragraph, the advisory
procedure laid down in Articles 3 of Decision 1999/468/EC
shall apply, in compliance with Article 7 thereof.

Each year the Commission shall submit a report to the
2.
European Parliament and the Council on the implementation of
the ARGO action programme.

The Commission may invite representatives from the
the

to information meetings

after

4.
candidate
Committee’s meetings.

countries

Article 14

Monitoring and evaluation

The Commission and the Member States shall monitor
the ARGO action

1.
and evaluate
the
programme on a continuous basis.

implementation of

The report shall analyse all the progress achieved and shall be
accompanied where necessary by any proposals for ensuring
homogeneous application in the Member States of Community
legislation founded on Articles 62 and 63 of the Treaty. The
Commission shall submit
the first report by 31 December
the latest and the final report by 31 December
2003 at
2007 at the latest.

Article 15

Addressees

This Decision is addressed to the Member States.