2002/463/EC: Council Decision of 13 June 2002 adopting an action programme for administrative cooperation in the fields of external borders, visas, asylum and immigration (ARGO programme)
Date: 2002-06-13
Institutions: Council of the European Union
Subjects: EU programme, administrative cooperation, admission of aliens, application of EU law, border control, migration policy, right of asylum

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Official Journal of the European Communities

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(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 13 June 2002

adopting an action programme for administrative cooperation in the fields of external borders,
visas, asylum and immigration (ARGO programme)

(2002/463/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 66 thereof,

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

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

Having regard to the opinion of the Economic and Social Com-
mittee,

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

Whereas:

(1)

(2)

(3)

Administrative cooperation 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 es-
tablishing an area of freedom, security and justice.

Joint Action 98/244/JHA of 19 March 1998 adopted by
the Council on the basis of Article K.3 of the Treaty on
the European Union, introducing a programme of train-
ing, exchanges and cooperation in the field of asylum,
immigration and crossing of external borders (Odysseus
programme) (3) has come to an end now that the budget
allocation has been exhausted in 2001.

Responsibility for controls at the EU’s external borders
will become all the more important now that a signifi-
cant enlargement of the Union is scheduled to take place
during the period in which the administrative coopera-
tion in the fields of external borders, visas, asylum and
immigration (ARGO) will be operational. Accordingly,
ARGO should be seen simply as a modest forerunner of
more extensive activities in this field.

(4)

In accordance with the conclusions of the European
Council in Tampere on 15 and 16 October 1999, the

(1) OJ C 25 E, 29.1.2002, p. 526.
(2) Opinion delivered on 9 April 2002 (not yet published in the Official

Journal).

(3) OJ L 99, 31.3.1998, p. 2.

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 crea-
tion of an area of freedom, security and justice in the
European Union (first half of 2001) an ambitious legisla-
tive programme that should lead to a new body of Com-
munity rules in the area of justice and home affairs that
will have to be implemented by the Member States.

Uniformity between the practices of the Member States
when applying Community law can be obtained by
strengthening cooperation and collaboration among
their national agencies, and between them and the Com-
mission.

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 agencies and the way
they implement the relevant Community legislation, and
for defining the priority areas of administrative coopera-
tion required.

A high level of training of equivalent quality throughout
the Community is needed to guarantee the success of
this action programme, taking advantage of the experi-
ence gained with the Odysseus programme.

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 Commis-
sion for assessing whether establishing a common train-
ing institution would be a suitable way of improving the
training in Community law given to the staff of the
Member States.

(5)

(6)

(7)

(8)

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(9)

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
procedures for the exercise of implementing powers con-
ferred on the Commission (1).

(10) Action under this programme is to be complementary to
and coordinated with other cooperation and training ac-
tivities financed by the Community budget.

(11)

(12)

(13)

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark annexed to the Treaty on Eur-
opean Union and to the Treaty establishing the European
Community, Denmark is not participating in the adop-
tion of this Decision, and is therefore not bound by it or
subject to its application.

In accordance with Article 3 of the Protocol on the posi-
tion of the United Kingdom and Ireland annexed to the
Treaty on the European Union and to the Treaty estab-
lishing the European Community, the United Kingdom
gave notice, by letter of 29 January 2002, of its wish to
take part
this
Decision.

in the adoption and application of

In accordance with Article 1 of the Protocol on the posi-
tion of the United Kingdom and Ireland annexed to the
European Union and to the Treaty establishing the Eur-
opean Community, Ireland is not participating in the
adoption of this Decision. As a result, and without preju-
dice to Article 4 of the said Protocol, the provisions of
this Decision do not apply to Ireland.

(14) A financial reference amount within the meaning of
point 34 of the Interinstitutional Agreement between the
European Parliament, the Council and the Commission
of 6 May 1999 on budgetary discipline and improve-
ment of the budgetary procedure (2) is included in this
Decision for the entire duration of the programme, with-
out
the budgetary
authority as they are defined in the Treaty,

thereby affecting the powers of

HAS ADOPTED THIS DECISION:

CHAPTER I

INTRODUCTORY PROVISIONS

Article 1

Subject-matter and duration

This Decision establishes a Community action programme to
be called the ‘ARGO programme’ to support and complement
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.

Article 2

Definition

For the purposes of this Decision ‘national agencies’ means the
administrative and judicial authorities of the Member States or
other bodies delegated by those authorities to implement Com-
munity legislation founded on Articles 62 and 63 of the Treaty
and on Article 66 of the Treaty in so far as it concerns coopera-
tion between national agencies in the areas covered by the said
Articles 62 and 63.

Article 3

General objectives

The ARGO programme shall contribute to the following
objectives:

(a) to promote cooperation between national agencies in im-
plementing Community rules with special attention to the
pooling of resources and coordinated and homogeneous
practices;

(b) to promote uniform application of Community law in order
to harmonise decisions taken by the national agencies of
Member States, thereby avoiding malfunctioning likely to
prejudice the progressive establishment of an area of free-
dom, security and justice;

(c) to improve the overall efficiency of national agencies in the
carrying out of their tasks when implementing Community
rules;

(d) to ensure that proper account is taken of the Community
dimension in the organisation of national agencies contri-
buting to the implementation of Community rules;

(e) to encourage transparency of actions taken by national
agencies by strengthening their relations with the relevant
national and international governmental and non-govern-
mental organisations.

CHAPTER II

ACTIVITIES COVERED BY ARGO

Article 4

Activities in the area of external borders

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

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

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

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

surveillance at external borders;

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ C 172, 18.6.1999, p. 1.

(c) to reinforce the effectiveness of controls at border crossing

points and surveillance between crossing points.

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Article 5

Activities in the area of visas

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

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

(b) to promote an equivalent level of control and security when

issuing visas;

(c) to promote harmonisation in the examination of visa appli-
cations and in particular supporting documents regarding
purpose of journey, means of subsistence and accommoda-
tion;

(d) to promote harmonisation of exceptions applied by Mem-
ber States to certain categories of applicants for visas to fa-
cilitate controls at the external borders and freedom of
movement between Member States;

(e) generally to enhance consular cooperation between Mem-

ber States.

Article 6

Activities in the area of asylum

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

(a) to promote the establishment and operation of the com-
mon European asylum system by supporting measures and
standards leading to a common asylum procedure and a
uniform status for those granted asylum valid throughout
the Community;

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

work permits for third-country nationals;

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

(d) to ensure effective, efficient and homogeneous application
of the relevant common rules and policies in relation to ir-
regular migratory flows and illegal immigration while safe-
guarding a sufficient level of access to international protec-
tion;

(e) to enhance cooperation in the field of the return of na-
tionals of third countries and stateless persons without resi-
dence permits and refused asylum applicants,
including
transit through other Member States and third countries;

(f) to strengthen the fight against illegal immigration networks

and prevention of illegal flows of immigrants.

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, the ARGO pro-
gramme may support the following types of actions:

(a) training actions including, in particular, the elaboration of
harmonised curricula and common core-training pro-
grammes to be organised by national agencies and comple-
mentary actions aimed at making national agencies recep-
tive to the best working methods and techniques developed
in other Member States;

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

(b) staff exchange ensuring that seconded staff participate effec-

examining an asylum application;

tively in the work of the host national agencies;

(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;

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

(e) to develop resettlement and entry facilities, and legal means
admission into Member States on humanitarian

for
grounds.

Article 7

Activities in the area of immigration

In order to achieve the objectives set out in Article 3, the
ARGO 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 per-
mits in compliance with the common principles and imple-
menting rules laid down by Community legislation;

(c) actions promoting, on the one hand, the use of compu-
terised 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;

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

based on Articles 62 and 63 of the Treaty;

(e) actions intended to promote the development of best prac-
tices with a view to improving working methods and equip-
ment, simplifying procedures and shortening deadlines;

(f) operational activities which might include the setting up of
common operative centres and of teams composed of staff
drawn from two or more Member States;

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

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(h) mechanisms for consulting and associating the relevant na-
tional and international governmental and non-governmen-
tal organisations;

Actions referred to in Article 10(1) on the one hand and
3.
actions referred to in Article 10(3) on the other shall receive an
equitable share of the annual amount.

(i) Member States’ activities in third countries,

in particular

fact-finding missions in countries of origin and transit;

(j) the fight against document fraud.

Article 9

Specific actions

Other modalities of cooperation between national agencies in
the policy areas covered by Articles 62 and 63 of the Treaty, in
particular urgent joint operations and actions with a limited
scope and duration arising from situations which require an im-
mediate reaction, may be included in the framework of the
ARGO programme. The annual work programme referred to in
Article 12 shall set out a framework for the financing of these
specific actions including objectives and evaluation criteria.

CHAPTER III

FINANCIAL PROVISIONS, MANAGEMENT AND MONITORING

Article 10

Eligibility

1.
To be eligible for co-financing under the ARGO pro-
gramme, actions referred to in Article 8 and proposed by a na-
tional agency of one Member State must:

(a) involve:

— at least two other Member States, or
— another Member State and a candidate country, where

the aim is to prepare for its accession, or

— another Member State and a third country, where this
would be beneficial for the purpose of the action pro-
posed;

(b) pursue one of the general objectives referred to in Article 3;

The co-financing of an action referred to in Article 10(1)
4.
by the ARGO programme shall be exclusive of any other finan-
cing by another programme financed by the budget of the Eur-
opean Communities.

Financing decisions concerning actions referred to in Arti-
5.
cle 10(1) shall be subject to grant agreements between the
Commission and the national agencies 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.

6.
The proportion of financial support from the budget of
the European Communities for actions referred to in Article
10(1) 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 programme, in partnership
with the Member States.

The Commission shall manage the ARGO programme in

2.
accordance with the Financial Regulation.

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

(a) prepare an annual work programme comprising specific
objectives, thematic priorities, a description of the actions
referred to in Article 10(3) which the Commission intends
to undertake and, if necessary, a list of other actions;

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

(c) implement one of the activities in the respective policy area

cies.

referred to in Articles 4, 5, 6 or 7.

2.
Actions referred to in Article 8 may associate participants
of the national agencies of any Member State not bound by this
decision.

3.
Actions proposed by the Commission will promote and
facilitate administrative cooperation pursuing the general objec-
tives referred to in Article 3 and support activities in the respec-
tive policy areas referred to in Articles 4, 5, 6 or 7.

Article 11

Financing

1.
The financial reference amount
ARGO programme shall be EUR 25 million.

for implementing the

The annual appropriations shall be authorised by the bud-

2.
getary authority within the limits of the financial perspective.

4.
The annual work programme and the specific actions pro-
vided for in Article 9 as well as actions proposed by the Com-
mission shall be adopted according to the procedure referred to
in Article 13(2). The list of selected actions shall be adopted ac-
cording to the procedure referred to in Article 13(3).

5.
The Commission shall evaluate and select actions pro-
posed by the national agencies on the basis of the following
criteria:

(a) conformity with the annual work programme, the general
objectives set out in Article 3 and the activities in the re-
spective policy area set out in Articles 4, 5, 6 or 7;

(b) the European dimension of the proposed action and/or

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;

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

Article 14

trative cooperation actions;

(e) the ability of national agencies 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 pro-
gramme 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 Articles 4, 5, 6 or 7.

CHAPTER IV

GENERAL AND FINAL PROVISIONS

Article 13

Committee

The Commission shall be assisted by a Committee, herein-

1.
after referred to as ‘the ARGO Committee’.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

Monitoring and evaluation

1.
The Commission and the Member States shall monitor
and evaluate the implementation of the ARGO programme on
a continuous basis.

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

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 based on Articles 62 and 63 of the Treaty. The Com-
mission shall submit the first report by 31 December 2003 at
the latest and the final report by 31 December 2007 at the
latest.

Article 15

Applicability

This Decision shall apply from the date of its publication in the
Official Journal of the European Communities.

Article 16

Addressees

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

This Decision is addressed to the Member States in accordance
with the Treaty establishing the European Community.

3. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply.

4.

The ARGO Committee shall adopt its rules of procedure.

5.
The Commission may invite representatives from the can-
didate countries to information meetings after the ARGO Com-
mittee’s meetings.

Done at Luxembourg, 13 June 2002.

For the Council

The President

M. RAJOY BREY