2002/630/JHA: Council Decision of 22 July 2002 establishing a framework programme on police and judicial cooperation in criminal matters (AGIS)
Date: 2002-07-22
Institutions: Council of the European Union
Subjects: EU police cooperation, EU programme, criminal law, exchange of information, financing, judicial cooperation in criminal matters in the EU, vocational training

1.8.2002

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Official Journal of the European Communities

L 203/5

COUNCIL DECISION

of 22 July 2002

establishing a framework programme on police and judicial cooperation in criminal matters (AGIS)

(2002/630/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in parti-
cular Article 30(1), Article 31 and Article 34(2)(c) thereof,

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

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

Whereas:

(1)

(2)

(3)

(4)

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 coop-
eration in criminal matters, and by preventing and
combating racism and xenophobia.

The conclusions of the Tampere European Council of
October 1999 call for cooperation to be stepped up on
including crime using
preventing and fighting crime,
new information and communication technologies,
in
order to achieve a genuine European area of justice. The
importance of cooperation in this area has again been
emphasised in the action plan entitled The prevention
and control of organised crime: a European Union
strategy for the beginning of the new millennium (3).

Article 12 of the Council Framework Decision 2001/
220/JHA of 15 March 2001 on the standing of victims
in criminal proceedings (4) calls for cooperation between
Member States in order
to facilitate more effective
protection of victims’ interests in criminal proceedings.

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 forma-
tion of partnerships and the exchange of information
and good national practice.

(5)

(6)

(7)

(8)

The Grotius II — Criminal (5), Stop II (6), Oisin II (7),
Hippokrates (8) and Falcone (9) programmes, established
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.

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

The establishment of a single framework programme,
expressly called for by the European Parliament and the
Council when the previous programmes were adopted,
will further boost cooperation by way of a coordinated
and multidisciplinary approach involving the various
persons responsible for preventing and combating crime
at European Union level. In doing so, it is necessary to
maintain a balanced approach between various activities
aiming at the creation of the area of freedom, security
and justice.

It is desirable to ensure the continuity of the activities
supported by the framework programme, by providing
for their coordination within a single frame of reference
that rationalises procedures and improves management
it is necessary to
and economies of scale. Moreover,
make full use of
the
programme, in particular for law enforcement authori-
ties, and to encourage cooperation between the Member
States’ law enforcement authorities and to provide such
into the working
authorities with a greater
methods of their counterparts in other Member States
and constraints by which they may be bound.

the operational benefits of

insight

(9)

The expenditure of the framework programme should be
compatible with the current ceiling under Heading 3 of
the financial perspective.

(10)

The annual appropriations of the framework programme
should be decided upon by the budgetary authority
during the budgetary procedure.

(1) OJ C 51 E, 26.2.2002, p. 345.
(2) Opinion delivered on 9 April 2002 (not yet published in the Official

Journal).

(3) OJ C 124, 3.5.2000, p. 1.
(4) OJ L 82, 22.3.2001, p. 1.

(5) OJ L 186, 7.7.2001, p. 1 (Grotius II — Criminal).
(6) OJ L 186, 7.7.2001, p. 7 (Stop II).
(7) OJ L 186, 7.7.2001, p. 4 (Oisin II).
(8) OJ L 186, 7.7.2001, p. 11.
(9) OJ L 99, 31.3.1998, p. 8.

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(11)

(12)

(13)

(14)

The framework programme needs to be made accessible
to the applicant countries, as partners and participants in
that programme. Where
the projects
appropriate, participation of other States
in that
programme could also be envisaged.

funded under

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

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.

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

(15) 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 (1), is included in this
Decision for
the framework
the entire duration of
programme, without thereby affecting the powers of the
budgetary authority as they are defined by the Treaty
establishing the European Community,

HAS DECIDED AS FOLLOWS:

Article 1

Establishment of the framework 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, hereafter
referred to as the programme.

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;

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

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

the exchange and dissemination of

(c) encourage Member States to step up cooperation with the
applicant countries, other third countries and appropriate
regional and international organisations.

The programme shall support projects in the following

2.
areas relating to Title VI of the Treaty on European Union:

(a) judicial cooperation in general and criminal matters,

including training;

(b) cooperation between law enforcement authorities;

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

(d) cooperation between Member States to achieve effective
protection of the interests of victims in criminal proceed-
ings.

Article 3

Access to the programme

1.
The programme shall co-finance projects of a maximum
duration of two years presented by public or private institutions
and bodies, including professional organisations, non-govern-
mental organisations, associations, organisations representing
business, research and basic and further training institutes; the
projects shall be directed at the target groups set out in para-
graph 3.

To be eligible for co-financing, the projects must involve
2.
partners in at least three Member States, or two Member States
and one applicant country, and have the objectives mentioned
in Article 2. The applicant countries may participate in the
projects in order to familiarise themselves with the acquis in this
area and help them to prepare for the accession. Other third
countries may also participate when this serves the aims of the
projects.

The programme shall be directed at the following target

3.
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
Member States which are responsible under national
law
for preventing, detecting and combating criminal offences;

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

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(d) representatives of victim assistance services,

including
public departments responsible for immigration and social
services.

financing decisions and contracts arising therefrom shall be
subject to financial control by the Commission and to audits by
the Court of Auditors.

4. Within the framework of the objectives laid down in
Article 2, the programme may also cofinance:

(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;

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

experts or other activities
obtained under the programme.

5. Within the framework of the objectives laid down in
Article 2, the programme may also give direct financial support
to activities included in the annual activity programmes of non-
governmental organisations which meet the following criteria:

(a) they must be non-profit-making organisations;

(b) they must be constituted in accordance with the law of one

of the Member States;

(c) they must pursue activities with a European dimension and
involve, as a general rule, at least half of the Member States;

(d) the aims of their activities must include one or more of the

objectives laid down in Article 2.

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;

(c) studies and research;

The proportion of

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

financial support

the

However,

5.
and complementary
specific projects
measures referred to in Article 3(4) and the activities referred to
in Article 3(5) can be financed to 100 %, up to a ceiling of
10 % of the total 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).

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:

projects

(a) prepare an annual work programme comprising specific
if necessary, a list of
objectives, thematic priorities and,
specific
the
programme shall be balanced between the areas specified in
Article 2(2), with at least 15 % of annual funding being
devoted to each of the areas specified in subparagraphs (a),
(b) and (c) of that paragraph;

complementary measures;

and

(d) dissemination of the results obtained under the programme;

(b) evaluate and select

the projects submitted and ensure

(e) encouraging cooperation between the Member States’ law
enforcement, judicial authorities or other public or private
organisations in the Member States involved in preventing
and fighting crime, for instance by giving assistance for the
establishment of networks;

(f) conferences and seminars.

Article 5

Financing the programme

1.
The financial reference amount for the implementation of
this programme for the period 2003 to 2007 shall be EUR 65
million.

management of them.

4.
Examination of the projects presented 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 complementary measures (referred to in Article
3(4) and the activities referred to in Article 3(5)) shall be carried
out in accordance with the management procedure laid down
in Article 9.

The Commission shall, on condition that they are compa-
5.
tible 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;

The annual appropriations shall be authorised by the budgetary
authority within the limits of the financial perspective.

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

tion by the applicant countries;

The cofinancing of a project by the programme shall be
financing by another programme

2.
exclusive of any other
financed by the general budget of the European Union.

(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;

Financing decisions

followed by financing
shall be
3.
contracts between the Commission and the organisers. The

(d) extent

to which the project complements other past,

present or future cooperation projects;

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(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 Committee.

2.
The 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.

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

Article 8

Advisory 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, 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.

The Commission shall take the utmost account of the
3.
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 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 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 Chair shall not vote.

2.
The Commission shall adopt measures which shall apply
immediately. However, if the 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.

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

decision within the period provided

3.
different
paragraph 2.

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.
It
shall inform the European Parliament of the work programme
adopted and the list of projects co-financed and shall present to
the European Parliament and the Council:

(a) an annual report on the implementation of the programme.

The first report shall be submitted by 30 June 2004;

(b) an interim evaluation of

the implementation of

the

programme by 30 June 2005;

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

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

2008.

Article 12

Entry into force

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

Done at Brussels, 22 July 2002.

For the Council

The President

P. S. MØLLER