2004/867/EC: Council Decision of 13 December 2004 amending Decision 2002/463/EC adopting an action programme for administrative cooperation in the fields of external borders, visas, asylum and immigration (ARGO programme)
Date: 2004-12-13
Institutions: Council of the European Union
Subjects: EU financing, EU migration policy, administrative cooperation, admission of aliens, external border of the EU

L 371/48

EN

Official Journal of the European Union

18.12.2004

COUNCIL DECISION

of 13 December 2004

amending Decision 2002/463/EC adopting an action programme for administrative cooperation in
the fields of external borders, visas, asylum and immigration (ARGO programme)

(2004/867/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

establishing the European

Having regard to the proposal from the Commission,

order to address, during the period 2004-2006, the most
pressing structural needs and to cover a wider definition
of solidarity that would include,
inter alia, Community
support in the management of external borders.

(4)

The budgetary authority (4) has substantially increased the
appropriations allocated to the ARGO programme for
2004, with a view to better management of
the
external borders.

Having regard to the Opinion of the European Parliament (1),

(5)

Having regard to the Opinion of the European Economic and
Social Committee (2),

In order to promote the general objectives of the ARGO
programme it is appropriate to increase the number of
actions to be proposed in the area of external borders
and to envisage new types of action.

After consulting the Committee of the Regions,

Whereas:

(1)

(2)

The principal objective of Decision 2002/463/EC (3) is to
promote administrative cooperation in the fields of
external borders, visas, asylum and immigration.

In its Communication to the European Parliament and to
the Council of 3 June 2003 on the development of a
Common policy on illegal immigration, smuggling and
trafficking of human beings, external borders and the
return of illegal residents the Commission puts forward
the possibility of revising the ARGO programme for
providing financial support to national projects in the
area of external borders by addressing specific structural
weaknesses at strategic border points that would be
identified in agreement with the Member States on the
basis of objective criteria.

(3)

The European Council of Thessaloniki
invited the
Commission to examine the possibility of appropriating
funds under heading 3 of the financial perspectives in

(1) Opinion delivered on 17.11.2004 (not yet published in the Official

Journal).

(6)

(7)

(8)

(9)

it more accessible

to national
to make
In order
administrations, Member States
to
able
propose actions which do not necessarily involve other
Member States, but which contribute to the general
objectives and support
the activities in the area of
external borders as set out in Decision No 2002/463/EC.

should be

An indicative ceiling should be set on the available
single
appropriations
Member State.

earmarked for

actions by

a

the ARGO
The provisions on the consultation of
Committee
in Decision No 2002/463/EC must be
aligned with the new Financial Regulation applicable to
the general budget of the European Union (5).

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

(10)

In accordance with Article 3 of the Protocol on the
position of the United Kingdom and Ireland annexed
to the Treaty on the European Union and to the Treaty
the United
establishing the European Community,
in the
Kingdom has notified its wish to take part
adoption and application of the present Decision.

(2) Opinion delivered on 27.10.2004 (not yet published in the Official

(4) General budget of the EU for the financial year 2004 (OJ L 53,

Journal).

(3) OJ L 161, 19.6.2002, p. 11.

23.2.2004).

(5) OJ L 248, 16.9.2002, p. 1.

18.12.2004

EN

Official Journal of the European Union

L 371/49

(11)

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

(12) Decision No 2002/463/EC should therefore be amended

accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2002/463/EC is amended as follows:

1. In Article 10 the following paragraph is inserted:

‘1a.
Actions referred to in Article 8 and proposed by a
national agency of one Member State which implement one
of the activities in the policy area referred to in Article 4,
the ARGO
shall be
programme, provided they:

co-financing under

eligible

for

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

and

(b) contribute

to

integrated
addressing specific structural weaknesses at
border points,
criteria.’.

by
strategic
identified on the basis of objective

border management

2. Article 11 is amended as follows:

(a)

In paragraphs 3, 4 and 6 ‘Article 10(1)’ is replaced by
‘Article 10(1) and (1a)’.;

implementation of these award decisions and agreements
shall be subject to financial control of the Commission
and to audits by the Court of Auditors.’.

3. Article 12 is amended as follows:

(a) Paragraph 3(a) is replaced by the following:

‘(a) prepare an annual work programme comprising
specific objectives, thematic priorities, the objective
criteria referred to in Article 10(1a)(b), definition of
the indicative maximum share of the annual budget
available for the actions referred to in Article 10(1a),
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) Paragraph 4 is replaced by the following:

‘4.
The annual work programme including the actions
proposed by the Commission and the specific actions
provided for in Article 9 shall be adopted according to
the procedure referred to in Article 13(2).

As regards the actions referred to in Article 10(1) and
(1a),
shall be adopted
selected actions
according to the procedure referred to in Article 13(3).’.

the list of

Article 2

This decision shall apply from the date of its publication in the
Official Journal of the European Union.

Article 3

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

(b) Paragraph 5 is replaced by the following:

Done at Brussels, 13 December 2004.

‘(5)
The decisions to award community grants to the
actions referred to in Article 10(1) and (1a) shall be
subject to grant agreements between the Commission
and the national agencies proposing the actions. The

For the Council
The President

B. R. BOT