Proposal for a Council decision establishing a framework programme on the basis of Title VI of the Treaty on European Union - Police and judicial cooperation in criminal matters
Date: 2001-11-09
Institutions: European Commission
Subjects: EU police cooperation, EU programme, criminal law, exchange of information, judicial cooperation in criminal matters in the EU, vocational training

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Proposal for a Council Decision establishing a framework programme on the basis of Title VI of
the Treaty on European Union (cid:151) Police and judicial cooperation in criminal matters

(2002/C 51 E/23)

COM(2001) 646 final (cid:151) 2001/0262(CNS)

(Submitted by the Commission on 9 November 2001)

THE COUNCIL OF THE EUROPEAN UNION,

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

by the Council, have helped to strengthen cooperation
between the police and judiciary in the Member States
and to improve mutual understanding of
their police,
judicial, legal and administrative systems.

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament,

(6) Following approval by the Feira European Council in June
2000 of
the European Union Action Plan on Drugs
(2000-2004), actions to combat drug trafficking are also
included in the framework programme.

Whereas:

(1) 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, and by preventing and combating racism and
xenophobia.

(2) The conclusions of the Tampere European Council call for
cooperation to be stepped up on preventing and fighting
including crime using new information and
crime,
communication technologies,
to achieve a
genuine European area of justice.

in order

the European
(3) The Charter of Fundamental Rights of
Union (1) affirms the protection of
the civic, political,
economic and social rights of European citizens and of
any persons residing on the territory of the European
Union.

(4) It is appropriate to widen the European dimension of
projects to three Member States or
to two Member
States and an applicant country in order to promote the
formation
of
the
information and good national practice.

partnerships

exchange

and

of

(5) The Grotius II (cid:151) Criminal (2), Stop II (3), Oisin II (4),
Hippokrates (5) and Falcone (6) programmes, established

(1) OJ C 364, 18.12.2000, p. 1.
(2) OJ L 287, 8.11.1996, p. 3 (Grotius), and OJ L 186, 7.7.2001, p. 1

(Grotius II (cid:151) Criminal).

(3) OJ L 322, 12.12.1996, p. 7 (Stop), and OJ L 186, 7.7.2001, p. 7

(Stop II).

(4) OJ L 7, 10.1.1997, p. 7 (Oisin), and OJ L 186, 7.7.2001, p. 4

(Oisin II).

(5) OJ L 186, 7.7.2001, p. 11.
(6) OJ L 287, 8.11.1996, p. 3.

(7) The establishment of a single framework programme,
expressly called for by the European Parliament (7) and
the Council when the previous programmes were
adopted, will further boost cooperation by way of a coor-
dinated and multidisciplinary approach involving the
various
and
combating crime at European Union level.

responsible

preventing

persons

for

(8) It is desirable to ensure the continuity of the activities
supported by the programme, by providing for their coor-
dination within a
that
rationalises procedures and improves management and
economies of scale.

frame of

reference

single

(9) The framework programme needs to be made accessible
to the applicant countries, as partners and participants in
the projects funded under the programme.

(10) The measures required to implement this Decision must
be adopted according to the procedures laid down in it,
with the assistance of a Committee.

(11) To increase the added value of the projects implemented
under this Decision, it is necessary to ensure consistency
and complementarity between these projects and other
forms of Community intervention.

(12) Regular monitoring and evaluation of

this programme
need to be ensured so that
the
projects carried out can be assessed in the light of the
objectives and so that the priorities can be re-adjusted if
necessary.

the effectiveness of

(7) Legislative Resolution adopted by Parliament on 5.4.2001. Not yet

published in the Official Journal.

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HAS DECIDED AS FOLLOWS:

Article 1

Establishment of the programme

1.
This Decision establishes a framework programme for
police and judicial cooperation in criminal matters in the
context of the area of freedom, security and justice.

2.
The programme is hereby established for the period from
1 January 2003 to 31 December 2007 and may be extended
beyond the latter date.

Article 2

Programme objectives

1.
The programme shall contribute to the general objective
of providing European Union citizens with a high level of
protection in an area of freedom, security and justice. In this
context, it aims, in particular, to:

(a) develop, implement and evaluate European policies in this

field;

(b) promote and strengthen networking, mutual cooperation
on general subjects of common interest to the Member
States,
information,
local and regional coop-
experience and best practice,
eration, and the improvement and adaptation of training
and technical and scientific research;

the exchange and dissemination of

and bodies,

including professional organisations,
tutions
non-governmental organisations, associations, organisations
representing business, research and basic and further training
institutes, and law enforcement services in the Member States
and the applicant countries; the projects shall be directed at the
target groups set out in paragraph 2.

The programme shall be directed at the following target

2.
groups:

(a)

legal practitioners: judges, public prosecutors, lawyers, law
officials, criminal
investigation officers, bailiffs, experts,
court interpreters, and other professionals associated with
the judiciary;

(b) law-enforcement officials and officers: public bodies in
law
Member States which are responsible under national
for preventing, detecting and combating criminal offences;

(c) officials in other government departments and represen-
tatives of associations, professional organisations, research
and business involved in fighting and preventing crime,
organised or otherwise;

(d) representatives of victim assistance services,

public departments
social services.

responsible

for

including
immigration and

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.

(c) encourage Member States to step up cooperation with the
applicant countries, other non-Union countries and appro-
priate regional and international organisations.

4.

The programme may also finance:

The programme shall support projects in the following

2.
areas:

(a) specific projects presented in accordance with paragraph 1
that are of particular interest in terms of the programme’s
priorities or cooperation with the applicant countries;

(a)

judicial cooperation in general and criminal matters,
including the ongoing training of the judiciary;

(b) complementary measures such as seminars, meetings of
to disseminate the results

experts or other activities
obtained under the programme.

(b) cooperation between law enforcement authorities;

(c) cooperation between law enforcement authorities and other
public or private organisations
in the Member States
involved in preventing and fighting crime, organised or
otherwise;

(d) assistance to victims of crime.

Article 4

Activities of the programme

The programme shall comprise the following types of project:

(a) training;

(b) setting up and launching exchange and placement schemes;

Article 3

Access to the programme

(c) studies and research;

1.
The programme shall co-finance projects of a maximum
duration of two years presented by public or private insti-

(d) dissemination
programme;

of

the

results

obtained

under

the

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(e) assistance for the establishment of networks;

(f) conferences and seminars.

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:

Article 5

Financing the programme

The annual appropriations shall be authorised by the
financial

authority within the

limits of

the

1.
budgetary
perspective.

The co-financing of a project by the programme shall be
2.
exclusive of any other
financing by another programme
financed by the general budget of the European Communities.

Financing decisions shall be followed by grant contracts
3.
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

4.
from the general
budget of the European Communities shall not exceed 70 %
of the total cost of the project.

financial support

the

However,

5.
and complementary
specific projects
measures mentioned in Article 3(4) can be financed to
100 %, up to a ceiling of 10 % of the total financial package
the two
allocated annually to the programme for each of
categories.

Article 6

Implementation of the programme

The Commission shall be responsible for the management
in cooperation with

1.
and implementation of the programme,
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) conformity with the programme’s objectives;

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

pation by the applicant countries;

(c) compatibility with the work undertaken or planned within
the framework of the European Union’s policy priorities on
judicial cooperation in general and criminal matters;

(d) extent

to which the project complements 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 grant requested under the programme and

proportionality with the expected results;

(h) the impact of the expected results on the programme’s

objectives.

Article 7

Committee

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

The Committee shall adopt its rules of procedure on a
2.
proposal by the chair, on the basis of standard rules of
procedure which have been published in the Official Journal
of the European Communities.

The Commission may invite representatives from the
the

to information meetings

after

3.
applicant
Committee’s meetings.

countries

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

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

Article 8

Advisory procedure

(b) evaluate and select

the projects submitted and ensure

management of them.

Examination of the projects presented shall be carried out
4.
in accordance with the advisory procedure laid down in Article
8. Examination of the annual work programme, the specific
projects and the complementary measures shall be carried out
in accordance with the management procedure laid down in
Article 9.

1. Where reference is made to this Article, 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 chair may lay down
according to the urgency of the matter, if necessary by taking a
vote.

2.
The opinion shall be recorded in the minutes; each
Member State may request that its position be recorded in
the minutes.

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The Commission shall take the utmost account of the
inform the
the manner in which the opinion has been

3.
opinion delivered by the Committee.
Committee of
taken into account.

shall

It

Article 9

Management procedure

1. Where reference is made to this Article, 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 chair 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,
in the case of
decisions which the Council
required to adopt on a
proposal from the Commission. The votes of the represen-
tatives of the Member States within the Committee shall be
weighted in the manner set out in that Article. The chair
shall not vote.

is

opinion of

2.
The Commission shall adopt measures which shall apply
immediately. However, if the measures are not in accordance
be
with the
communicated 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.

the Committee,

shall

they

The Council, acting by qualified majority, may take a
by

decision within the period provided

for

3.
different
paragraph 3.

Article 10

Consistency and complementarity

The Commission, in cooperation with the Member States, shall
ensure that projects complement and are consistent with other
Community policies.

Article 11

Monitoring and evaluation

The Commission shall regularly monitor the programme

1.
and shall present to Parliament and the Council:

(a) an interim evaluation of

the implementation of

this

programme by 30 June 2005;

(b) a communication on the continuation of the programme, if
necessary accompanied by an appropriate proposal, by
30 September 2006;

(c) a final evaluation of the entire programme by 30 June

2008.

The Commission shall report each year to the European
2.
the
Parliament and the Council on the implementation of
programme. The first report shall be submitted by 30 June
2005.

Article 12

Entry into force

This Decision shall take effect on the day of its publication in
the Official Journal of the European Communities.