Proposal for a Council Decision establishing for the period 2007-2013 the specific programme "Fundamental rights and citizenship" as part of the General programme "Fundamental Rights and Justice" {SEC(2005) 434}
Date: 2005-04-06
Institutions: European Commission
Subjects: EU programme, European citizenship, action programme, anti-discriminatory measure, antisemitism, human rights, racism

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.4.2005 
COM(2005) 122 final 

2005/0037 (COD) 
2005/0038 (CNS) 
2005/0039 (CNS) 
2005/0040 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT 

establishing for the period 2007-2013 a framework programme on Fundamental Rights 
and Justice  

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing for the period 2007-2013 the specific programme "Fight against violence 
(Daphne) and drugs prevention and information"  
as part of the 
General programme "Fundamental Rights and Justice" 

Proposal for a 

COUNCIL DECISION 

establishing for the period 2007-2013 the specific programme "Fundamental rights and 
citizenship" as part of the 
General programme "Fundamental Rights and Justice" 

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Proposal for a 

COUNCIL DECISION 

establishing for the period 2007-2013 the specific programme "Criminal justice"  
as part of the 
General programme "Fundamental Rights and Justice" 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing for the period 2007-2013 the specific programme “Civil justice”  
as part of the 
General programme “Fundamental Rights and Justice” 

(presented by the Commission) 

{SEC(2005) 434} 

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COMMUNICATION FROM THE COMMISSION 
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT 

establishing for the period 2007-2013 a framework programme on Fundamental Rights and 
Justice  

The  Communication  establishing  a  Framework  programme  on  “Fundamental  Rights  and 
Justice” is part of a coherent set of proposals aiming at providing an adequate support to an 
area of freedom, security and justice under the financial perspectives 2007. Indeed, the three 
key  objectives  of  freedom,  security  and  justice  are  to  be  developed  in  parallel  and  with  the 
same  degree  of  intensity,  thus  allowing  for  a  balanced  approach,  based  on  the  principles  of 
democracy, respect for fundamental rights and freedoms, and the rule of law. Each of these 
objectives  is  subject  to  a  Framework  programme,  providing  for  the  necessary  coherence 
between the interventions in each policy area, and clearly linking political objectives and the 
resources  available  to  support  them.  Furthermore,  this  structure  represents  a  major 
simplification and rationalisation of existing financial support in the area of freedom, justice 
and security, thus allowing for greater flexibility in the allocation of priorities and increasing 
overall transparency. 

1. 

INTRODUCTION 

European integration has moved forward primarily in the economic sphere, with the setting-
up of a Single Market and a single currency. The establishment of an integrated, frontier-free 
economic area was, as foreseen by the Amsterdam Treaty, complemented by the creation of 
an  area  of  freedom,  security  and  justice.  This  area  now  needs  to  be  further  developed  and 
strengthened. 

In the Communication “Building our common Future: Policy challenges and budgetary means 
of  the  Enlarged  Union  2007-2013”1  the  Commission  stated  “Freedom,  Security  and  Justice 
are  core  values  which  constitute  key  components  of  the  European  model  of  society.  (…)  In 
this  context,  developing  this  dimension  of  the  European  Union  is  the  new  frontier  for 
integration: a true area of Freedom, Security and Justice is an indispensable building block 
of the European Union, at the heart of the political project for an enlarged Union”2.  

The  various  aspects  of  the  area  of  freedom,  security  and  justice  form  a  balance  between 
guaranteeing  the  core  rights  of  the  individual  as  well  as  delivering  the  core  responsibilities 
expected of the Union3. 

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COM(2004) 101. 
“Building  our  common  Future:  Policy  challenges  and  Budgetary  means  of  the  Enlarged  Union  2007-
2013” - COM(2004) 101, 10.2.2004. 
“Freedom is the unifying principle, the linchpin of the European project. But without security, without a 
system of law and justice recognised by the people, the exercise of freedom and respect for democratic 
values  could  not  be  guaranteed.  The  European  area  of  freedom,  security  and  justice  thus  provides  a 
guarantee  for  the  principles  of  democracy  and  respect  for  human  rights.  As  an  essential  element  of 
European  citizenship,  the  common  recognition  of  these  principles,  which  are  now  embodied  in  the 
Charter of Fundamental Rights, is the cornerstone of integration for everyone living in the Union.”, “A 
project for the European Union” - COM(2002) 247. 

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The development of an area of freedom, security and justice responds to a central concern of 
the  peoples  of  the  States  brought  together  within  the  Union.  For  that  reason  the  European 
Council adopted The Hague Programme in November 2004, as a follow up to the programme 
adopted by the Tampere European Council in 1999. Building upon the results of the Tampere 
programme,  The  Hague  Programme  presents  a  new  agenda  to  enable  the  Union  to  further 
develop what has already been achieved and to meet new challenges. It also emphasizes that 
the creation of a Europe for citizens requires not only the full respect of Fundamental Rights, 
but in addition the active promotion of those rights. 

By integrating the Charter of Fundamental Rights, the Constitutional Treaty acknowledges the 
Union’s  values  and  objectives.  Furthermore,  accession  to  the  European  Convention  for  the 
Protection  of  Human  Rights  and  Fundamental  Freedoms  (ECHR)  will  strengthen  the 
European commitment to protecting human rights by introducing external judicial review of 
the European Union’s respect for fundamental rights4. Increased protection and promotion of 
fundamental  rights  also  implies  that  more  concerted  action  should  be  taken  against  racism, 
xenophobia  and  anti-semitism  phenomena  by  giving  greater  support  to  interfaith  and 
multicultural dialogue, with a view to foster understanding and mutual knowledge. 

These developments imply a significant reinforcement of the fundamental values which are at 
the heart of the European project. The Union will be legally obliged not only to respect these 
rights and values, but also to ensure that they are effectively promoted in all policy areas (both 
internal and external) for which the European Union is competent. Furthermore, monitoring 
activities  will  have  to  increase  rapidly  to  ensure  that  the  Member  States  adopt  the  same 
approach in their areas of competence, particularly in the context of a growing and ever more 
diverse  Union  and  the  challenges  that  this  will  bring.  The  promotion  of  European  Union 
citizenship should develop a feeling of belonging to a union that shares the same fundamental 
rights and values, while preserving and respecting the diversity of the cultures and traditions 
of the peoples of Europe. 

The fight against violence clearly forms part of the protection of fundamental rights as set out 
in the  Charter  of Fundamental Rights, in particular the right to physical integrity. The links 
between violence and several other fundamental rights (liberty, security, health, employment, 
etc.)  are  so  strong  that  the  general  implementation  of  these  rights,  as  they  relate  to  the 
physical  integrity  of  the  person,  should  be  supported.  The  same  applies  to  the  fight  against 
drug use and trafficking, an area where at European level a comprehensive, multidisciplinary 
and  integrated  strategy  has  been  followed  since  1990,  but  without  any  clearly  identifiable 
financial  support.  This  strategy  is  based  on  five  main  elements:  reducing  demand,  reducing 
supply  and  combating  illicit  trafficking,  international  co-operation  and  co-ordination  at 
national and European level, and information, research and evaluation.  

The  creation  of  a  Europe  for  citizens  also  implies  the  establishment  of  a  European  Area  of 
Justice,  based  on  the  principle  of  mutual  recognition  and  confidence-building:  borders 
between  countries  should  no  longer  constitute  an  obstacle  to  the  settlement  of  civil  and 
commercial  law  matters  or  to  the  bringing  of  court  proceedings  and  the  enforcement  of 
decisions. Whilst the principle of free movement allows individuals and businesses to pursue 
their civil and commercial interests in other Member States, it also requires measures in the 

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Article I-9 (2) of the Treaty establishing a Constitution for Europe stipulates that the Union shall accede 
to  the  European  Convention  for  the  Protection  of  Human  Rights  and  Fundamental  Freedoms.  Such 
accession shall not affect the Union's competences as defined in the Constitution. 

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criminal  law  field  to  ensure  that  there  are  no  safe  havens  for  crime  and  criminals.  Indeed, 
individuals and businesses should not be prevented or discouraged from exercising their rights 
because  of  the  incompatibility  or  complexity  of  legal  and  administrative  systems  in  the 
Member States. 

Achieving these common goals will require a stable financial framework. The preparation of 
the next financial perspectives 2007-2013 offers an important opportunity to take into account 
the  developments  described  above  and  hence  to  shape  the  political  project  for  the  enlarged 
Union.  

2. 

THE  PROPOSED  INTERVENTION  -  FRAMEWORK  PROGRAMME  ON  FUNDAMENTAL 
RIGHTS AND JUSTICE 

2.1. 

Objectives and structure of the programme 

To  respond  to  the  challenges  outlined  above,  it  is  proposed  to  establish  a  framework 
programme on “Fundamental Rights and Justice”, with four specific objectives: 

(1) 

(2) 

(3) 

(4) 

To  promote  the  development  of  a  European  society  based  on  the  European  Union 
citizenship  and  respectful  of  the  fundamental  rights  provided  for  in  the  Charter  of 
Fundamental Rights; to fight anti-semitism, racism and xenophobia and to strengthen 
civil society in the field of fundamental rights. 

To  contribute  to  the  setting-up  of  an  area  of  freedom,  security  and  justice  by 
combating violence and by providing information on and preventing the use of drugs. 

To  promote  judicial  cooperation  with  the  aim  of  contributing  to  the  creation  of  a 
genuine European area of justice in civil and commercial matters.  

To  promote  judicial  cooperation  with  the  aim  of  contributing  to  the  creation  of  a 
genuine European area of justice in criminal matters.  

These objectives have a different legal basis in the Treaties. The framework programme will 
therefore  be  composed  of  four  separate  legislative  instruments.  Nevertheless,  political 
coherence will be ensured, as each specific programme will reflect the objectives of a policy 
which  will,  in  association  with  the  three  others,  allow  for  the  development  of  a  European 
citizenship  and  a  genuine  area  of  Justice.  Furthermore,  the  grouping  together  of  these 
complementary  policy  areas  under  the  same  framework  programme  will  not  only  enhance 
their overall coherence but also ensure a better response to the needs of the citizens. It will 
enable new, unexpected problems to be tackled with increased flexibility.  

In  the  field  of  fundamental  rights  and  citizenship,  the  ultimate  objective  is  to  create  a  real 
fundamental  rights  culture  among  all  the  peoples  of  Europe.  Thus,  a  significant  effort  to 
disseminate information on fundamental rights, both through general information campaigns 
and in response to individual requests, is of the utmost importance. This cannot be separated 
from the need to increase activities, including legislative action, to promote the application of 
certain rights, e.g. the right to personal physical integrity and the rights associated with Union 
citizenship, and to provide support and incentive measures to help Member States to comply 
with their obligations in their areas of competence.  

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The fight against violence in all its forms (sexual, psychological and physical), occurring in 
the public or the private domain will include: support for victims and groups at risk (children, 
young people and women); assisting and encouraging NGOs and other organisations active in 
this field; dissemination of the results obtained under the two Daphne programmes including 
their  adaptation,  transfer  and  use  by  other  beneficiaries  or  in  other  geographical  areas;  and 
identification of actions contributing to the positive treatment of people at risk of violence. 

With  respect  to  the  fight  against  the  use  of  drugs,  the  main  challenges  will  be  the 
dissemination of information as well as further research resulting into education, prevention 
and  harm-reduction  programmes.  Not  only  the  reduction  of  drug  demand,  but  also  the 
reduction of drug supply will be important issues. This is an area in which measures need to 
be taken in order to stop drug-trafficking and drug-related criminality, in particular when new 
synthetic drugs or their chemical precursors are involved, and to fight the money-laundering.  

Judicial cooperation concerns the increased efforts to monitor the application by the Member 
States  of  the  existing  acquis  in  both  civil  and  criminal  areas  and  to  bring  together  national 
legislations.  The  programme  will  support  various  actions,  namely  to  improve  the  access  to 
and efficiency of justice, to address mutual recognition in a wider sense, including recognition 
of decisions and documents other than those issued by judicial authorities, to strengthen the 
mechanisms  for  providing  information  to  the  public  and  to  promote  the  training  of  and 
exchanges between practitioners on the implications of the instruments for cooperation in this 
area. It will encourage the implementation of legislative measures to put in place and develop 
common tools for cooperation, and equivalent standards for certain procedures such as rules 
on evidence collection. In addition, rules on the protection of individuals involved in criminal 
proceedings, whether they are the accused, witnesses or victims will also be promoted. 

Overall coherence is ensured across the four objectives through common implementation and 
management rules, in accordance with the same strategic calendar, and coordinated evaluation 
and  review  processes  (see  point  3.2).  The  programme  will  hence  ensure  rationalisation  and 
simplification,  increasing  transparency  and  the  effectiveness  of  Community  funds.  Ensuring 
active  participation  from  relevant  stakeholders  and  greater  responsiveness  to  demands 
emerging from the civil society will also be a horizontal priority common to the four policy 
areas. 

2.2. 

European added-value 

This programme will add value to existing national interventions in this field by acting as a 
catalyst:  EU  funded  cooperation  raises  awareness  of  shared  issues  and  values  between 
Member States, thus facilitating the emergence of common approaches, including legislation 
in  these  fields.  This  will  be  achieved  by  implementing  agreed  EU  policy  objectives  and 
promoting  their  application  in  national  policies,  supporting  the  transposition  of  European 
Union legislation and its uniform application throughout Europe, promoting the co-operation 
and  co-ordination  mechanisms  between  Member  States,  and  cooperating  with  civil  society 
organisations at European level. 

A set of common evaluation criteria will be used across all specific programmes to evaluate 
the European added value in relation to the type of effect described above. Examples of these 
criteria are: 

–  To  support  only  those  activities  needed  at  European  level  to  sustain  European  Union 

objectives, European Union laws and European Union implementation mechanisms; 

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–  To support activities which will be complementary with those financed at national level; 

–  To reinforce national exchanges at European Union level, generating synergy effects and 

economies of scale; 

–  To actively involve Member States  representatives  and  other  relevant stakeholders in the 
implementation  of  the  programme  in  order  to  maximise  complementarities  with  existing 
activities. 

2.3. 

Complementarity with other instruments and policy measures 

The  programme  will  look  for  synergies  with  the  work  of  the  Fundamental  Rights  Agency 
built  upon  the  existing  European  Monitoring  Centre  on  Racism  and  Xenophobia,  a  Vienna-
based agency, established by Council Regulation (EC) No 1035/97 of 2 June 19975. Through 
a  Communication6,  the  Commission  launched  a  wide-ranging  public  consultation  on  the 
future  agency’s  field  of  action  and  its  tasks.  The  consultation  targeted  civil  society  such  as 
NGOs  involved  with  the  protection  of  human  rights,  the  national  institutions  for  the 
promotion and protection of human rights, the Member States, the EU institutions, the EUMC 
and the Council of Europe. The results of this consultation will be taken into account when 
defining the exact tasks of the Agency. However, its prime objective will be data collection 
and analysis with a view to defining Union policy in the field of Fundamental Rights.  

Concerning  judicial  cooperation  in  civil  matters,  the  actions  under  the  programme  will  be 
coordinated  with  these  of  the  European  Judicial  Network  in  civil  and  commercial  matters, 
established  by  Council  Decision  2001/470/EC  of  28  May  20017  to  improve,  simplify  and 
expedite  effective  judicial  cooperation  between  the  Member  States  in  civil  and  commercial 
matters. Within the specific Criminal Justice Programme, particular attention will be paid to 
Eurojust,  which  was  set  up  by  Council  Decision  2002/187/JHA  of  28  February  20028. 
Eurojust is a European Union body established to enhance the effectiveness of the competent 
authorities  within  Member  States  when  they  are  dealing  with  the  investigation  and 
prosecution of serious cross-border and organised crime, including terrorism, by stimulating 
and  improving  cooperation  between  those  authorities.  Eurojust  places  an  emphasis  on 
ensuring  full  cooperation  between  the  competent  national  authorities  and  is  therefore  an 
essential complement to the Fundamental Rights and Justice framework programme.  

Regarding  the  objective  included  in  the  present  programme  of  providing  information  and 
preventing the use of drugs, enhanced cooperation with third countries is necessary, as well as 
close  coordination  with  the  European  Monitoring  Centre  for  Drugs  and  Drug  Addiction 
(EMCDDA).  This  Lisbon-based  agency  was  established  by  Council  Regulation  (EEC)  No 
302/93  of  8  February  19939  amended  by  Council  Regulation  (EC)  No  3294/94  of  22 
December 199410. Its mission is to collect and disseminate objective, reliable and comparable 
information on drugs and drug addiction in Europe. In order to do so, it works in partnership 

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10 

OJ L 151, 10.6.1997, p. 1. Regulation as last amended by Regulation (EC) No 1652/2003 (OJ L 245, 
29.9.2003, p. 33). 
COM(2004) 693, 25.10.2004. 
JO L 174, 27.6.2001, p. 25. 
JO L 63, 6.3.2002, p. 1. Decision as amended by Decision 2003/659/JHA (OJ L 245, 29.9.2003, p. 44). 
OJ  L  36,  12.2.1993,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  1651/2003  (OJ  L  245, 
29.9.2003, p. 30). 
OJ L 341, 30.12.1994, p. 7. 

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with non-EU countries as well as international organisations dealing with this issue, notably: 
the  United  Nations  International  Drug  Control  Programme  (UNDCP),  the  World  Health 
Organisation  (WHO),  the  Council  of  Europe's  Pompidou  Group,  the  World  Customs 
Organisation  (WCO),  the  International  Criminal  Police  Organisation  (Interpol)  and  the 
European Police Office (Europol).  

3. 

RATIONALISATION AND SIMPLIFICATION 

3.1. 

Transition from existing instruments 

The evaluation of the actions that the European Union has been supporting over the years in 
these areas fully recognises the need to continue as they tackle specific and real problems, and 
contribute  to  dealing  with  them  in  a  positive  way,  complementary  to  national  actions  being 
developed in the same areas. However, it also identified several weaknesses that need to be 
faced so that European actions can achieve even better results. Indeed, the current situation, 
with a multitude of small scale budget lines or ad-hoc funding, with limited duration and no 
overall  coherence,  prevents  Union  activities  from  becoming  efficient  enough  to  achieve  the 
objectives  and  to  maximise  the  use  of  existing  human  and  financial  resources.  Separate 
implementation of these programmes means that they do not maximise real synergies and may 
even create unnecessary overlaps. Finally, to achieve the best possible results there is a real 
need to reassess the objectives, the type of interventions and the scale of each programme. 

The  proposed  programme  builds  on  the  lessons  learnt  from  existing  actions  in  these  fields. 
Indeed,  it  will  largely  develop  the  two  existing  preparatory  actions  on  the  protection  and 
promotion of fundamental rights and on the support to civil society in the ten new Member 
States  that  will  be  extended  to  all  Member  States.  Finally,  special  focus  will  be  put  on  the 
fundamental  rights  stemming  from  the  citizenship  of  the  Union  to  encourage  democratic 
participation.  

Further to the objective of promoting judicial cooperation, the programme will group together 
measures  supporting  cooperation  in  civil  and  criminal  law  to  ensure  a  better  coordination 
between  these  two  areas  of  law  in  view  of  the  entry  into  force  of  the  Constitutional  Treaty 
which  will  abolish  the  pillar  structure.  Civil  judicial  cooperation  has  been  previously 
supported  through  a  separate  programme,  and  judicial  cooperation  in  criminal  matters  was 
part  of  the  AGIS  programme.  The  current  proposal  aims  at  an  improved  response  to  the 
political expectations of strengthening justice, as requested by The Hague Programme, and to 
demands from judicial authorities, legal practitioners and civil society in general. Training of 
the judiciary will be reinforced, and the programme will also have the necessary flexibility to 
allow for the implementation of new measures, such as the computerised system of exchange 
of information on criminal records. 

As  regards  combating  violence,  the  programme  will  build  on  the  existing  Daphne  II 
programme,  with  adjustments  to  improve  the  response  to  the  demands  from  civil  society, 
including  the  possibility  of  implementing  new  forms  of  action.  Action  on  drugs  prevention 
and  information  aims  at  consolidating  ongoing  actions  under  different  programmes  thus 
increasing  transparency  among  citizens  and  all  the  actors  involved.  It  will  support  the 
monitoring and evaluation of actions regarding the implementation of specific actions under 
the EU Action Plans, and seek a greater involvement of civil society. 

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3.2. 

Common management arrangements 

A key objective of the Fundamental Rights and Justice framework programme is to simplify 
and  rationalise  instruments  both  in  legal  and  management  terms,  to  streamline  the  budget 
structure,  to  increase  coherence  and  consistency  between  programmes  and  to  avoid 
duplication  of  instruments.  The  present  programme  represents  an  important  step  in  what 
concerns both simplification and flexibility. Indeed, the number of budgetary lines and legal 
instruments has been reduced. This concentration of Union resources offers a higher financial 
transparency  and  the  possibility  to  better  assess  the  added  value  of  the  Union  actions.  It 
maximises the performance by increased consistency between the objectives of the different 
specific  programmes  and  by  strengthened  cooperation  and  partnership  with  all  actors 
involved. 

The  proposed  simplification  and  rationalisation  will  benefit  the  end  users  as  it  will  increase 
the  visibility,  clarity  and  coherence  of  the  instruments.  Potential  beneficiaries  will  find  it 
easier to apply for funding under the different fields thanks to a more standardised approach 
and implementing provisions. 

The  programme  will  be  managed  directly  by  the  Commission.  Alternative  delivery 
mechanisms  (externalisation  or  shared  management)  have  been  examined  in  detail  but  were 
not considered to be cost-effective at this stage given the relatively small amounts involved. If 
necessary to achieve the objectives put forward under the framework programme, the setup of 
different ways of management or /and different structures might be envisaged.  

The level of human resources required for the management of the programme is necessarily 
relatively high. However, the harmonisation of the procedures obtained by the integration of 
the specific programmes into a single structure will allow for a rationalisation from this point 
of  view,  due  to  economies  of  scale.  For  example,  the  rationalisation  of  the  monitoring  and 
evaluation  procedures  will  allow  for  better  outcomes  and  will  facilitate  transfer  of  good 
practices.  Having  a  single  Committee  across  the  four  specific  programmes  will  also  greatly 
facilitate the day-to-day management of the framework programme. 

Further rationalisation is possible after the entry into force of the Constitutional Treaty. The 
framework programme was drafted according to the provisions of the present Treaties but a 
smooth  transition  to  the  new  structure  foreseen  by  the  Constitution  has  been  built  into  the 
structure  of  the  programme,  with  further  harmonisation  possible  between  the  specific  Civil 
and Criminal Justice Programmes. 

4. 

FINANCIAL RESOURCES 

The overall amount foreseen for the Fundamental Rights and Justice framework programme is 
EUR  543  million  for  the  period  2007-2013  (current  prices).  Within  this  budget,  EUR  93.8 
million  are  foreseen  for  the  Fundamental  Rights  and  Citizenship  programme,  EUR  106.5 
million  for  the  Civil  Justice  programme,  EUR  196.2  million  for  the  Criminal  Justice 
programme, and EUR 135.4 million for the programme Fight against Violence (Daphne) and 
Drugs Prevention and Information. Within the reference amount, EUR 11.1 million are added 
for administrative expenditure.  

In  addition,  covering  the  same  period,  an  amount  of  EUR  164.9  million  is  foreseen  for  the 
Fundamental Rights Agency, an amount of EUR 110.6 million is foreseen for the European 

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Monitoring Centre for Drugs and Drugs Addiction, while the amount foreseen for Eurojust is 
EUR 133.4 million. 

These amounts have been estimated on the basis of the needs identified and described above. 
Relevant  experience  drawn  from  existing  actions  and  programmes  related  to  fundamental 
rights and justice issues has been taken into account.  

5. 

CONCLUSIONS 

The new financial perspectives provide not only the opportunity for a better match between 
objectives and resources but also for simplifying and rationalising the instruments to ensure 
the optimal use of European Union funds. 

The  Fundamental  Rights  and  Justice  framework  programme  brings  together  specific 
programmes that are closely linked with each other. Concerted  actions within these specific 
programmes  will  enable  a  more  efficient  response  to  the  ultimate  objective,  which  is  the 
establishment of an area of freedom, security and justice. 

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ANNEX  

Establishing a framework programme on Fundamental Rights and Justice  
for the period 2007-2013 

Complementarity with agencies and other instruments in the area  
of Freedom, Security and Justice 

Several  complementary  instruments  are  forecast  under  the  Financial  Perspectives  to 
contribute to the achievement of the policy objectives set in the area of Justice, Freedom and 
Security: 

–  The  framework  programmes  that  will  replace  the  multitude  of  budget  lines  that  the 

Commission currently manages in this field ; 

–  Community financing of agencies and Community or Union bodies ; 

–  Development and management of related large scale information systems. 

The following agencies or bodies related to the area of the above framework programme are 
to be covered under the new financial perspectives:  

•  European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), established 
by the Council Regulation (EEC) No 302/93 of 8 February 1993 on the establishment of a 
European Monitoring Centre for Drugs and Drug Addiction (OJ L 36, 12.2.1993, p. 1), last 
amended by Regulation (EC) No 1651/2003 (OJ L 245, 29.9.2003, p. 30) and for which a 
draft  amending  proposal  is  tabled  (Proposal  for  a  Council  regulation,  submitted  by  the 
Commission  on  19  December  2003,  on  the  European  Monitoring  Centre  for  Drugs  and 
Drug Addiction (COM(2003) 808). 

•  Observatory on Racism and Xenophobia, which is to become a fully fledged Agency on 
Fundamental  Rights  (Commission  proposal  planned  for  May  2005),  and  which  is 
currently established by Council Regulation (EC) No 1035/97 of 2 June 1997 establishing 
a European Monitoring Centre on Racism and Xenophobia (OJ L 151, 10.6.1997, p. 1). 

•  Eurojust, established by Council Decision 2002/187/JHA of 28 February 2002 setting up 
Eurojust  with  a  view  to  reinforcing  the  fight  against  serious  organised  crime  (OJ  L  63, 
6.3.2002, p. 1), as last amended by Decision 2003/659/JHA (OJ L 245, 29.9.2003, p. 44). 

On  the  basis  of  the  elements  above,  the  budgetary  resources  for  the  above  community 
agencies, are not included in the framework programmes.  

They  must,  however,  be  included  as  part  of  the  expenditure  dedicated  to  JLS  policy  in  the 
Heading 3 of the future Community financial framework. 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT 

The preparation of the financial perspectives for 2007-2013 has been guided from the outset 
by a policy-led approach, in order to ensure consistency between political objectives and the 
amounts  allocated  to  pursue  them.  In  this  context,  the  establishment  of  an  area  of  freedom, 
security and justice is considered to be one of the main priorities of the European Union for 
the  years  to  come,  to  be  supported  through  substantially  increased  financial  means.  In  its 
Communications « Building our common Future - Policy challenges and Budgetary means of 
the  Enlarged  Union  2007-2013»11  and  « Financial  Perspectives  2007  –  2013 »12,  the 
Commission also underlined the importance of using the revision of the legal instruments for 
the  next  financial  perspectives  to  create  a  significant  movement  towards  greater  simplicity. 
Structuring  its  proposals  around  three  general  and  policy-led  programmes  (“Solidarity  and 
management  of  migration  flows”,  “Fundamental  Rights  and  Justice”,  “Security  and 
safeguarding freedoms”), the Commission sets out a clear framework for the development of 
financial  interventions  of  the  Community  in  support  of  the  three  objectives  of  Justice, 
Freedom and Security. 

2. 

Justification of the action 

2.1. 

Analysis of the problem 

The fight against violence clearly forms part of the protection of fundamental rights as set out 
in  the  Charter,  in  particular  the  right  to  physical  integrity.  The  links  between  violence  and 
several other fundamental rights (liberty, security, health, employment, etc.) are so strong that 
the  implementation  of  these  rights  in  general  as  they  concern  the  physical  integrity  of 
individuals  should  be  supported.  Specific  forms  of  violence  –  such  as  racially-motivated 
violence  and  violence  related  to  gender  or  sexual  preference  –  require  specific  responses 
which would benefit from European-level exchange of information and development of best 
practice. The need for a more global and pertinent solution to problems of violence has to be 
taken into account when designing a response under the new financial perspectives, starting 
from existing intervention. 

the  main 

The establishment of an area of freedom, security and justice should also tackle drug use and 
trafficking,  one  of 
issues  facing  European  societies.  A  comprehensive, 
multidisciplinary and integrated strategy has been put forward since 1990 at European level, 
but without a clearly identified means of financial support. This strategy is based on five main 
elements:  (i) reducing  demand,  (ii) reducing  supply  and  combating  illicit  trafficking, 
(iii) international co-operation, (iv) co-ordination at national and EU level and (v) information 
research and evaluation.  

2.2. 

The way forward 

The main challenges facing the Union in relation to tackling drugs over the period of the next 
financial perspectives can be defined as follows: 

11 
12 

COM(2004) 101, 10.2.2004 
COM(2004) 487, 14.7.2004 

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12 

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–  information  and  research,  including  the  continuation  of  the  work  of  the  European 

Monitoring Centre for Drugs and Drug Addiction (EMCDDA); 

–  drug  demand  reduction  since  demand  feeds  the  growth  of  the  drugs  phenomenon: 

education, prevention and harm-reduction programmes; 

–  drug  supply  reduction,  to  stop  trafficking  and  drug-related  criminality,  in  particular  as 
regards new synthetic drugs and their chemical precursors, as well as combating money-
laundering; 

–  enhanced  cooperation  with  third  countries  concerning  drug  supply  and  drug  demand 

reduction; 

–  further legislative activity will be needed in line with new and developing forms of drugs, 

for example to bring new forms of drugs under established control mechanisms. 

2.3. 

Objectives of the programme and related indicators 

•  Definition of general, specific and operational objectives 

To contribute to the setting up 
of an area of freedom, security 
and 
justice  by  combating 
violence  and  by  informing  on 
and preventing drug use. 

To  protect  citizens  against 
violence  and  to  attain  a  high 
level  of  health  protection, 
social 
well 
cohesion. 

being 

and 

To  prevent  and  combat  all  forms 
of violence occurring in the public 
or  the  private  domain,  against 
children, young people and women 

To provide support for victims and 
groups at risk. 

To assist and encourage NGO and 
other  organisations  active  in  this 
field.  

the 

disseminate 

To 
results 
obtained  under  the  two  Daphne 
programmes 
their 
adaptation,  transfer  and  use  by 
other  beneficiaries  or 
in  other 
geographical areas. 

including 

To  identify  and  enhance  actions 
contributing 
positive 
to 
treatment  of  people  at  risk  of 
violence. 

the 

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To  prevent  and  reduce  drug 
use,  dependence  and  drug 
related harms.  

To promote transnational and 
awareness-raising  actions  in 
the areas identified above. 

To  involve  civil  society  in  the 
implementation  and  development 
of  the  European  Union’s  Drugs 
Strategy and Action plans. 

implement 

and 
To  monitor, 
evaluate 
implementation  of 
the 
specific  actions  under  the  Drugs 
Action  Plans  2005  –  2008  and 
2009 – 2012. 

set 

To 
up  multidisciplinary 
networks;  to  ensure  the  expansion 
of 
the 
the  knowledge  base, 
exchange  of  information  and  the 
identification and dissemination of 
good  practice,  including  through 
training,  study  visits  and  staff 
exchange. 

and 

develop 

To 
implement 
awareness-raising  actions  targeted 
at  specific  audiences  to  promote 
the  adoption  of  zero  tolerance 
towards violence and to encourage 
support 
the 
reporting of violence. 

for  victims  and 

To  raise  awareness  of  the  health 
and  social  problems  caused  by 
drug use and to encourage an open 
dialogue with a view to promoting 
a  better  understanding  of  the  drug 
phenomenon. 

All the objectives are consistent with the overall aim of the general programme “Fundamental 
Rights and Justice” to support the development of an area of freedom, security and justice. 

•  Complementarity/coherence with other instruments 

When preparing the programme, particular attention was given to ensure coherence with other 
programmes financing activities in the same policy areas and to looking for complementarity 
and synergy with these. 

This  programme  is  complemented  by  the  other  specific  programmes  under  the  general 
programme  “Fundamental  Rights  and  Justice”  in  particular  the  specific  programme 
“Fundamental Rights and Citizenship” that seeks to promote the European Union fundamental 

EN 

14 

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rights and values while preserving and respecting the diversity of the culture and traditions of 
the peoples of Europe. 

Complementarity  will  also  be  sought  with  the  European  Monitoring  Centre  for  Drugs  and 
Drug  Addiction  that  has  as  main  mission  to  collect  and  disseminate  objective,  reliable  and 
comparable information on the phenomenon of drugs and drug addiction in Europe. In order 
to do so, the Centre works in partnership with non-EU countries as well as with international 
organisations concerned with this issue. 

The  general  programmes  “Security  and  Safeguarding  Liberties”  and  “Solidarity  and 
Management  of  Migration  Flows”  will  be  given  special  attention  as  they  complement  the 
present  programme  and  synergy  with  the  two  will  certainly  be  achieved  in  particular  in  the 
area of fighting against crime be it violence such as racially-motivated violence and violence 
related to gender or sexual preference or drugs related crimes. 

Other programmes may also complement the present programme such “Safer Internet Plus”, 
“Health  programme”,  “Injury  Protection  Programme”  the  7th  Research  &  Development 
Framework Programme and the “Youth” programme. 

3. 

EVALUATION  

3.1. 

Lessons drawn from intermediate / final evaluations 

The  Daphne  programme  was  assessed  twice  by  the  Commission.  A  mid  term  report  was 
presented in 200213 and a final report in 200414. 

Both  the  mid  term  and  final  reports  on  the  Daphne  programme  (2000–2003)  show  that 
organisations  have  gained  from  their  participation  in  European  partnership,  enabling 
associations  to  work  together  resulted  in  more  effective  programming  and  better  use  of 
resources. The final report indicated that there was some room for improvement such as the 
creation  of  a  helpdesk  and  putting  increased  emphasis  on  dissemination,  and  the  Daphne  II 
programme  was  adapted  in  line  with  the  findings  of  this  report.  As  these  changes  to  the 
structure of the programme are quite recent, no significant changes need to be introduced. 

The Action Plan on Drugs (2000–2004) was evaluated by the Commission on two occasions: 
at mi-term15 and at the end of the programme16. The new Action Plan (2005-2008) targets in 
particular those areas that the evaluation highlighted as needing to be progressed further. 

According to these evaluations some improvements need to be made in order better to achieve 
the objectives. In particular, it was emphasised that civil society should be further involved in 
the preparation and development of EU policies in this area. Better coordination of national 
actions, including in the international arena is also required. Networking and exchange of best 
practices should be encouraged and further developed. 

13 
14 
15 
16 

COM(2002) 169, 27.3.2002 
COM(2004) 824, 14.12.2004 
COM(2002) 599, 4.11.2002 
COM(2004) 707, 22.10.2004 

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3.2. 

Ex ante evaluation 

The  working  paper  of  the  Commission  presenting  the  ex  ante  evaluation  of  the  general 
programme “Fundamental Rights and Justice” shows the appropriateness of the policy option 
chosen to achieve the goals envisaged. 

4. 

LEGAL BASIS AND RATIONALE OF THE POLICY INSTRUMENT 

4.1. 

Legal Basis 

This  specific  programme  of  the  general  programme  “Fundamental  Rights  and  Justice”  is 
based in Article 152 of the Treaty establishing the European Community. 

Article  152  TEC,  which  relates  to  public  health,  clearly  states  that  the  definition  and 
implementation  of  all  Community  policies  and  activities  shall  ensure  a  high  level  of 
protection of human health. It adds that the Community shall complement the Member States’ 
action  in  reducing  drugs-related  health  damage,  including  through  information  and 
prevention.  

Ensuring a high level of human health by protecting people against violence and developing 
informative  and  preventive  action  in  respect  of  drugs  is  the  main  objectives  of  this 
programme. The legal basis proposed is therefore adequate.  

4.2. 

Actions defined within the programme 

Different types of actions are envisaged such as: 

•  Specific actions taken by the Commission, such as, studies and research, opinion polls and 
surveys,  formulation  of  indicators  and  common  methodologies,  collection,  development 
and  dissemination  of  data  and  statistics,  seminars,  conferences  and  expert  meetings, 
organisation  of  public  campaigns  and  events,  development  and  maintenance  of  websites, 
preparation  and  dissemination  of  information  material,  support  for  and  management  of 
networks of national experts, analytical, monitoring and evaluation activities;  

•  Actions providing financial support for specific projects of Community interest under the 

conditions set out in the annual work programmes;  

•  Actions providing financial support for the activities of non-governmental organisations or 

other entities under the conditions set our in the annual work programmes;  

•  An  operating  grant  to  the  European  Federation  for  Missing  and  Sexually  Exploited 
Children which pursues an aim of general European interest in the field of children’s rights 
and protection. 

4.3. 

Subsidiarity and Proportionality 

The  current  proposal  has  been  designed  to  respect  the  principles  of  subsidiarity  and 
proportionality set out in Article 5 of the EC Treaty and its accompanying Protocol. So far as 
subsidiarity is concerned, this programme does not attempt to intervene in the areas that are 
cover by national programmes developed by national authorities in each Member State but to 
focus  on  areas  where  European  added-value  can  be  engendered.  To  this  extent,  the  great 

EN 

16 

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majority  of  the  activities  supported  by  the  programme  can  be  viewed  as  complementary  to 
national  actions  and  as  attempting  to  exploit  as  far  as  possible  the  synergy  from  actions 
implemented at international and regional level.  

As  far  as  proportionality  is  concerned,  the  new  programme  proposal  has  been  designed  to 
incorporate the maximum possible simplification in terms not only of the form of the action – 
the  definitions  of  actions  in  the  legislative  text  are  kept  as  generic  as  possible  –  but  also  in 
terms of the administrative and financial requirements that will apply to their implementation. 
The Commission has sought to find the right balance between flexibility and ease of use on 
the one hand, and clarity of purpose and appropriate financial and procedural safeguards, on 
the other.  

Following the guidelines indicated in the protocol on the application of both principles, it is 
clear  that  the  problems  that  this  programme  sought  to  tackle  have  transnational  aspects  and 
therefore that action at Community level will yield benefits over and above action at Member 
State level. 

4.4. 

Simplification and rationalisation 

The proposed approach will contribute to the key objective of simplifying instruments both in 
legal  and  management  terms  and  of  streamlining  of  the  structure  of  the  budget.  It  will  also 
increase coherence and consistency between instruments and avoid duplication between these. 
Whilst  additional  human  resources  will  be  necessary  to  cope  with  future  enlargements,  a 
better  allocation of  human resources will be achieved by discontinuing  smaller budget lines 
(which  absorb  disproportionate  resources)  and  by  regrouping  existing  programmes  into  a 
single, coherent and streamlined programme. This will result in more proportionality between 
the amount of expenditure and the administrative cost of managing it. 

The proposed rationalisation will also benefit the end-user as it increases the visibility, clarity 
and  coherence  of  the  instruments.  Potential  beneficiaries  will  find  it  easier  to  apply  for 
funding  thanks  to  the  standardised  approach  and  the  harmonisation  of  provisions  for 
implementation. 

The  Commission  may  decide  to  entrust  part  of  the  budget  implementation  to  agencies 
governed  by  Community  law,  referred  to  in  Article  54(2)(a)  of  the  Financial  Regulation. 
These agencies shall be designated by the Commission in conformity with the provisions of 
Articles 55 and 56 of Council Regulation (EC, Euratom) No 1605/2002 and of Article 37 of 
Commission  Regulation  (EC,  Euratom)  No  2342/2002.  The  Commission  shall  analyse  the 
compliance with the principles of economy, effectiveness and efficiency. Before proceeding 
to implement the delegation, the Commission shall ensure, by mean of a prior assessment that 
the creation of agencies is in compliance with sound financial management. 

The  proposed  new  instrument  follows  the  path  that  was  determined  by  the  Commission  in 
what  concerns  the  political  and  financial  challenges  as  from  2007  on.  The  intention  is  to 
complement,  simplify  and  rationalise  the  existing  instruments  and  to  ensure  the  necessary 
flexibility to face new objectives and to respond in a smooth way to the new legal framework, 
which will be established once the Constitutional Treaty enters into force. 

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17 

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5. 

BUDGETARY IMPLICATIONS 

The  cost  of  the  general  programme  “Fundamental  Rights  and  Justice”  for  the  period  2007–
2013  is  EUR  543  million;  the  present  specific  programme  will  be  allocated  EUR  138.2 
million. 

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2005/0037 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Establishing for the period 2007-2013 the specific programme "Fight against violence 
(Daphne) and drugs prevention and information"  
as part of the 
General programme "Fundamental Rights and Justice" 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission17, 

Having regard to the opinion of the European Economic and Social Committee18, 

Having regard to the opinion of the Committee of the Regions19, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty20, 

Whereas: 

(1) 

(2) 

(3) 

The Treaty establishing the European Community establishes that in the definition and 
implementation of all Community policies and activities a high level of human health 
has to be ensured; Article 3(1)(p) of the Treaty requires Community action to include a 
contribution to the attainment of a high level of health protection. 

Community  action  should  complement  national  policies  directed  towards  improving 
public health, obviating sources of danger to human health and reducing health-related 
harm associated with drug dependence. 

Physical,  sexual  and  psychological  violence  against  children,  young  people  and 
women,  including  threats  of  such  acts,  coercion  or  arbitrary  deprivation  of  liberty, 
whether  occurring  in  public  or  private  life,  constitute  a  breach  of  their  right  to  life, 
safety,  freedom,  dignity  and  physical  and  emotional  integrity  and  a  serious  threat  to 
the  physical  and  mental  health  of  the  victims  of  such  violence.  The  effects  of  such 
violence, being so widespread throughout the Community, constitute a genuine health 
scourge and an obstacle to the enjoyment of safe, free and just citizenship. 

17 
18 
19 
20 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

The World Health Organisation defines health as a state of complete physical, mental 
and social well being and not merely the absence of disease or infirmity. According to 
a  1996  World  Health  Assembly  resolution  violence  is  a  leading  worldwide  public 
health problem. In its report on violence and health of 3 October 2002 the organisation 
recommends  promoting  primary  prevention  responses,  strengthening  responses  for 
victims  of  violence  and  increasing  collaboration  and  exchange  of  information  on 
violence prevention. 

These principles are recognised in numerous conventions,  declarations and  protocols 
of the main international organisations and institutions such as the United Nations, the 
International  Labour  Organisation,  the  World  Conference  on  Women  and  the  World 
Congress against Commercial Sexual Exploitation of Children.  

The Charter of Fundamental Rights of the European Union21 reaffirms, inter alia, the 
rights to dignity, equality and solidarity. It includes a number of specific provisions to 
protect  and  promote  physical  and  mental  integrity,  equal  treatment  for  men  and 
women, the rights of the child and non-discrimination, as well as to prohibit inhuman 
or degrading treatment, slavery and forced labour, and child labour. It reaffirms that a 
high  level  of  human  health  protection  shall  be  ensured  in  the  definition  and 
implementation of all Community policies and activities. 

The  Commission  has  been  called  upon  by  the  European  Parliament  to  draw  up  and 
implement action programmes to combat such violence, inter alia, in its Resolutions of 
19  May  2000  on  the  communication  from  the  Commission  to  the  Council  and  the 
European Parliament. ‘For further actions in the fight against trafficking in women'22, 
and of 20 September 2001 on female genital mutilation23. 

The  action  programme  set  up  by  Decision  No  293/2000/EC  of  the  European 
Parliament  and  of  the  Council  of  24  January  2000  adopting  a  programme  of 
Community action (the Daphne programme) (2000 to 2003) on preventive measures to 
fight  violence  against  children,  young  people  and  women24  has  helped  increase 
awareness  within  the  European  Union  and  increase  and  consolidate  cooperation 
between organisations in the Member States active in combating violence. 

The  action  programme  set  up  by  Decision  No  803/2004/EC  of  the  European 
Parliament and of the Council of 21 April 2004 adopting a programme of Community 
action (2004 to 2008) to prevent and combat violence against children, young people 
and  women  and  to  protect  victims  and  groups  at  risk  (the  Daphne  II  programme)25 
further developed the results already achieved by the Daphne programme; according to 
Article  8(2)  thereof  the  Commission  shall  take  the  necessary  steps  to  ensure  the 
consistency of the annual appropriations with the new financial perspectives. 

(10) 

It  is  desirable  to  ensure  continuity  for  the  projects  supported  by  the  Daphne  and  the 
Daphne II programmes. 

21 
22 
23 
24 
25 

OJ C 364, 18.12.2000, p. 1. 
OJ C 59, 23.2.2001, p. 307. 
OJ C 77 E, 28.3.2002, p. 126. 
OJ L 34, 9.2.2000, p. 1. 
OJ L 143, 30.4.2004, p. 1. 

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(11)  Given that, according to research, the morbidity and the mortality associated with drug 
dependence  affects  a  sizeable  number  of  European  citizens,  the  health-related  harm 
associated with drug dependence constitutes a major problem for public health. 

(12)  The  Communication  from  the  Commission  to  the  Council  and  the  European 
Parliament on the results of the final evaluation of the EU Drugs Strategy and Action 
Plan on Drugs (2000-2004)26 pointed out the need to regularly involve civil society in 
the formulation of the EU’s policies on drugs. 

(13)  The Decision of the European Parliament and of the Council adopting a programme of 
action in the field of public health (2003–2008) includes the development of strategies 
and  measures  on  drug  dependence,  as  one  of  the  important  lifestyle-related  health 
determinants. 

(14) 

(15) 

In  its  Recommendation  of  18  June  2003  on  the  prevention  and  reduction  of  health-
related  harm  associated  with  drug  dependence27,  the  Council  recommended  that 
Member States set as a public health objective the prevention of drug dependence and 
the  reduction  of  related  risks,  and  that  they  develop  and  implement  comprehensive 
strategies accordingly. 

In  December  2004  the  European  Council  endorsed  the  European  Union  Drugs 
Strategy  2005–2012  that  covers  all  European  Union  drug-related  activities  and  sets 
main targets. These targets include the attainment of a high level of health protection, 
well-being and social cohesion by preventing and reducing drug use, dependence and 
drug-related harms to health and society. 

(16)  The  Commission  adopted  its  Action  Plan  on  Drugs  2005–200828  as  a  crucial 
instrument  for  transposing  the  European  Union  Drugs  Strategy  2005–2012  into 
concrete  actions.  The  ultimate  aim  of  the  Action  Plan  is  to  significantly  reduce  the 
prevalence of drug use among the population and to reduce the social harm and health 
damage caused by the use of and trade in illicit drugs. 

(17) 

It  is  important  and  necessary  to  recognise  the  serious  immediate  and  long-term 
implications of violence and drugs for health, psychological and social development, 
and  for  the  equal  opportunities  of  those  concerned,  for  individuals,  families  and 
communities, and the high social and economic costs to society as a whole.  

(18)  The European Union can bring added value to the actions to be undertaken by Member 
States  in  the  field  of  drugs  information  and  prevention  by  complementing  those 
actions and by promoting synergies. 

(19)  Concerning  the  prevention  of  violence,  including  abuse  and  sexual  exploitation 
perpetrated  against  children,  young  people  and  women  and  the  protection  of  victims 
and  groups  at  risk,  the  European  Union  can  bring  added  value  to  the  actions 
predominantly  to  be  undertaken  by  Member  States  by  the  following  means:  the 
dissemination  and  exchange  of  information,  experience  and  good  practices;  the 
promotion  of  an  innovative  approach;  the  joint  establishment  of  priorities;  the 

26 
27 
28 

COM(2004) 707. 
OJ L 165, 3.7.2003, p. 31. 
COM(2005) 45, 14.2.2005. 

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development of networking as appropriate; the selection of Community-wide projects; 
and the motivation and mobilisation of all parties concerned. These actions should also 
encompass  children  and  women  brought  to  the  Member  States  through  human 
trafficking.  

(20)  The  European  Federation  for  Missing  and  Sexually  Exploited  Children  groups 
together  at  European  level  different  NGOs  dealing  with  the  problem  of  the 
disappearance  and  sexual  exploitation  of  children.  The  Federation  raises  awareness 
and  fights  against  the  phenomena  of  missing  and  sexually  exploited  children  by 
facilitating communication between European organisations towards a more efficient 
approach, stimulating the creation of a European study centre to centralise and analyse 
data concerning these phenomena and promoting and conducting activities to improve 
the  situation  of  minors,  victims  of  disappearance and/or  sexual abuse, and to  change 
the legal norms, the mentality and behaviour in Europe. 

(21)  The  objectives  of  the  proposed  action,  namely  to  prevent  and  combat  all  forms  of 
violence  against  children,  young  people  and  women  and  drugs  prevention  and 
information cannot be sufficiently achieved by the Member States because of the need 
for  an  exchange  of  information  at  EU  level  and  for  the  Community-wide 
dissemination of good practices. This can be better achieved at Community level. Due 
to the need for a coordinated and multidisciplinary approach and by reason of the scale 
or  impact  of  the  initiative,  the  Community  may  adopt  measures,  in  accordance  with 
the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the 
principle of proportionality, as set out in that Article, this Decision does not go beyond 
what is necessary in order to achieve those objectives. 

(22)  Appropriate measures should also be taken to prevent irregularities and fraud and the 
necessary  steps  should  be  taken  to  recover  funds  lost,  wrongly  paid  or  incorrectly 
used. 

(23)  This  Decision  establishes  a  financial  framework  for  the  entire  duration  of  the 
programme, which is to be the principal point of reference for the budgetary authority 
within  the  meaning  of  point  33  of  the  Interinstitutional  Agreement  of  6  May  1999 
between  the  European  Parliament,  the  Council  and  the  Commission  on  budgetary 
discipline and improvement of the budgetary procedure29. 

(24)  Council  Regulation  (EC,  Euratom)  No  1605/2002  of  25  June  2002  on  the  Financial 
Regulation  applicable  to  the  general  budget  of  the  European  Communities30, 
hereinafter “the Financial Regulation”, and Commission Regulation (EC, Euratom) No 
2342/2002 of 23 December 2002 laying down detailed rules for the implementation of 
Council  Regulation 
the 
Community’s financial interests, have to be applied, taking into account the principles 
of simplicity and consistency  in  the  choice of budgetary instruments, a limitation on 
the  number  of  cases  where  the  Commission  retains  direct  responsibility  for  their 
implementation  and  management,  and  the  required  proportionality  between  the 
amount of resources and the administrative burden related to their use. 

(EC,  Euratom)  No  1605/200231,  which  safeguard 

29 
30 
31 

OJ C 172, 18.6.1999, p. 1. 
OJ L 248, 16.9.2002, p. 1. 
OJ L 357, 31.12.2002, p. 1. 

EN 

22 

   EN 

 
                                                 
(25)  The Financial Regulation requires a basic act to be provided to cover operating grants. 

(26) 

In accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures  for  the  exercise  of  implementing  powers  conferred  on  the  Commission32 
measures  for  the  implementation  of  this  Decision  should  be  adopted  by  use  of  the 
advisory procedure provided for in Article 3 of that Decision. This is appropriate since 
the programme does not have a significant impact on the Community budget. 

HAVE DECIDED AS FOLLOWS: 

Article 1 
Creation of the programme 

1. 

This Decision establishes the programme “Fight against violence (Daphne) and drugs 
prevention  and  information”,  hereinafter  referred  to  as  "the  programme",  as  part  of 
the  general programme “Fundamental  Rights and  Justice”, in order to contribute to 
the strengthening of the area of Freedom, Security and Justice. 

2. 

The programme shall cover the period from 1 January 2007 to 31 December 2013. 

Article 2 
General objectives 

1. 

This programme shall have the following general objectives: 

(a)  To  contribute  to  the  setting  up  of  an  area  of  freedom,  security  and  justice  by 

combating violence and by informing on and preventing drugs use. 

(b)  To  protect  citizens  against  violence  and  to  attain  a  high  level  of  health 

protection, well being and social cohesion. 

(c)  To prevent and reduce drug use, dependence and drug related harms. 

2. 

Without  prejudice  to  the  objectives  and  powers  of  the  European  Community,  the 
general  objectives  of  the  programme  shall  contribute  to  the  development  of  the 
community policies and more specifically, to those related to the protection of public 
health,  gender  equality,  protection  of  children’s  rights,  and  fight  against  trafficking 
of human beings and sexual exploitation. 

Article 3 
Specific objectives 

The programme shall have the following specific objectives:  

(a) 

To  prevent  and  combat  all  forms  of  violence  occurring  in  the  public  or  the 
private  domain  against  children,  young  people  and  women  by  taking 

32 

OJ L 184, 17.7.1999, p.23. 

EN 

23 

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preventive measures and by providing support for victims and groups at risk by 
the following means: 

• 

• 

• 

• 

To assist and encourage NGOs and other organisations active in 
protecting  against  and  preventing  violence,  and  assisting 
victims;  

To  develop  and  implement  awareness-raising  actions  targeting 
specific  audiences,  to  design  materials  to  supplement  those 
already  available,  or  to  adapt  and  use  the  existing  materials  in 
other geographical areas or for other target groups; 

To  disseminate  the  results  obtained  under  the  two  Daphne 
programmes including their adaptation, transfer and use by other 
beneficiaries or in other geographical areas; 

To  identify  and  enhance  actions  contributing  to  positive 
treatment  of  people  at  risk  of  violence,  namely  to  follow  an 
approach  that  encourages  respect  for  them  and  promotes  their 
well-being and self-fulfilment. 

(b) 

To promote transnational actions to 

• 

• 

• 

• 

• 

set up multidisciplinary networks; 

ensure  the  expansion  of  the  knowledge  base,  the  exchange  of 
information  and  the  identification  and  dissemination  of  good 
practice,  including  through  training,  study  visits  and  staff 
exchange; 

raise  awareness  of  violence  among  targeted  audiences  such  as 
specific  professions  to  improve  understanding  thereof,  to 
promote the adoption of zero tolerance towards violence and to 
encouraging support for victims and the reporting of violence to 
the competent authorities; 

study phenomena related to violence, to explore and address the 
root causes of violence at all levels of society; 

raise awareness of the health and social problems caused by the 
drug  use  and  to  encourage  an  open  dialogue  with  a  view  to 
promoting a better understanding of the drug phenomenon. 

(c) 

(d) 

To  involve  civil  society  in  the  implementation  and  development  of  the 
European Union’s Drugs Strategy and Action plans. 

To  monitor,  implement  and  evaluate  the  implementation  of  specific  actions 
under the Drugs Action Plans 2005–2008 and 2009–2012. 

EN 

24 

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Article 4 
Actions 

With a view to pursuing the general and specific objectives set out in Articles 2 and 3, this 
programme will support the following types of actions:  

(a) 

(b) 

(c) 

(d) 

formulation  of 

specific  actions  taken  by  the  Commission,  such  as  studies  and  research, 
opinion  polls  and  surveys, 
indicators  and  common 
methodologies,  collection,  development  and  dissemination  of  data  and 
statistics,  seminars,  conferences  and  experts  meetings,  organisation  of  public 
campaigns and events, development and maintenance of websites, preparation 
and  dissemination  of  information  materials,  support  to  and  animation  of 
networks  of  national  experts,  analytical,  monitoring  and  evaluation  activities; 
or 

specific transnational projects of Community interest presented by at least three 
Member Sates under the conditions set out in the annual work programmes; or 

support  to  the  activities  of  non-governmental  organisations  or  other  entities 
pursuing an aim of general European interest regarding the general objectives 
of the programme under the conditions set out in the annual work programmes. 

an  operating  grant  to  co-finance  expenditure  associated  with  the  permanent 
work  programme  of  the  European  Federation  for  Missing  and  Sexually 
Exploited  Children  which  pursues  an  aim  of  general  European  interest  in  the 
field of children’s rights and protection. 

Article 5 
Participation 

The following countries, hereinafter referred to as « participating countries » may participate 
in the actions of the programme: 

(a) 

(b) 

(c) 

the EFTA States that are party to the EEA Agreement, in accordance with the 
provisions of that Agreement; 

the  candidate  countries  associated  to  the  EU,  as  well  as  the  western  Balkan 
countries  included  in  the  stabilisation  and  association  process  in  accordance 
with the conditions laid down in the association agreements or their additional 
protocols relating to participation in Community programmes concluded or to 
be concluded with those countries; 

projects may associate candidate countries not participating in this programme 
where  this  would  contribute  to  their  preparation  for  accession,  or  other  third 
countries not participating in this programme where this serves the aim of the 
projects. 

EN 

25 

   EN 

 
Article 6 
Target Groups 

1. 

2. 

3. 

The  programme  is  destined  for  all  groups  that  directly  or  indirectly  deal  with 
violence and the drugs phenomena. 

With regard  to the fight against violence, the main target groups  are the victims of 
violence and groups at risk of violence. Other target groups are, inter alia, teachers 
and  educational  staff,  police  and  social  workers,  local  and  national  authorities, 
medical  and  paramedical  staff,  judicial  staff,  NGO,  trade  unions  and  religious 
communities. It is also relevant to think about treatment programmes for victims on 
the one hand and for perpetrators on the other, with the aim of preventing violence. 

With regard to drugs, youth, vulnerable groups and problematic neighbourhoods are 
groups at risk and should be identified as target groups. Other target groups are, inter 
alia,  teachers  and  educational  staff,  social  workers,  local  and  national  authorities, 
medical  and  paramedical  staff,  judicial  staff,  NGO,  trade  unions  and  religious 
communities. 

Article 7 
Access to the programme 

Access  to  this  programme  shall  be  open  to  public  or  private  organisations  and  institutions 
(local authorities at the competent level, university departments and research centres) working 
to  prevent  and  combat  violence  against  children,  young  people  and  women  or  to  protect 
against  such  violence  or  to  provide  support  for  victims  or  to  implement  targeted  actions  to 
promote  rejection  of  such  violence  or  to  encourage  attitude  and  behaviour  change  towards 
vulnerable  groups  and  victims  of  violence.  The  programme  shall  also  be  open  to  public  or 
private  organisations  and  institutions  (local  authorities  at  the  competent  level,  university 
departments and research centres) working to inform and prevent drugs use. 

Article 8 
Types of intervention 

1. 

Community funding may take the following legal forms: 

–  grants,  

–  public procurement contracts. 

2. 

3. 

Community  grants  shall  be  awarded  further  to  calls  for  proposals,  save  in  duly 
substantiated  exceptional  cases  of  urgency  or  where  the  characteristics  of  the 
beneficiary leave no other choice for a given action, and shall be provided through 
operating  grants  and  grants  to  actions.  The  maximum  rate  of  co-financing  will  be 
specified in the annual work programmes. 

Furthermore,  expenditure  is  foreseen  for  accompanying  measures,  through  public 
procurement  contracts,  in  which  case  Community  funds  will  cover  the  purchase  of 
services  and  goods.  This  will  cover,  inter  alia,  expenditure  on  information  and 

EN 

26 

   EN 

 
1. 

2. 

3. 

4. 

communication,  preparation,  implementation,  monitoring,  checking  and  evaluation 
of projects, policies, programmes and legislation. 

Article 9 
Implementing measures 

The Commission shall implement the Community Assistance in accordance with the 
Council  Financial  Regulation  (Council  Regulation  (EC/Euratom)  No  1605/2002  of 
25 June 2002) applicable to the general budget of the European Communities. 

To implement the programme, the Commission shall, within the limits of the general 
objectives  set  out  in  Article  2,  adopt  an  annual  work  programme  specifying  its 
specific  objectives,  thematic  priorities,  a  description  of  accompanying  measures 
envisaged in Article 8 and if necessary a list of other actions. 

The  annual  work  programme  will  be  adopted  in  accordance  with  the  procedure  set 
out in Article 10(2). 

The  evaluation  and  award  procedures  relating  to  grants  to  actions  shall  take  into 
account, inter alia, the following criteria:  

(a) 

conformity  with  the  annual  work  programme,  the  general  objectives  as 
specified in Article 2 and measures taken in the different domains as specified 
in Articles 3 and 4; 

(b)  quality  of  the  proposed  action  regarding  its  conception,  organisation, 

presentation and expected results; 

(c) 

(d) 

amount  requested  for  community  financing  and  its  appropriateness  as  to 
expected results; 

impact  of  the  expected  results  on  the  general  objectives  defined  in  Article  2 
and on measures taken in the different domains as specified in Articles 3 and 4. 

5. 

The  applications  for  operating  grants,  referred  to  in  Article  4(3)  and  (4),  shall  be 
assessed in the light of: 

–  consistency with the programme objectives; 

–  quality of the planned activities; 

–  likely multiplier effect on the public of these activities; 

–  geographic impact of the activities carried out; 

–  citizen involvement in the organisation of the bodies concerned; 

–  cost/benefit ratio of the activity proposed. 

6. 

Pursuant  to  Article  113(2)  of  the  Financial  Regulation,  the  principle  of  gradual 
reduction shall not apply to the operating grant given to the European Federation for 

EN 

27 

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Missing and Sexually Exploited Children which pursues an aim of general European 
interest in the field of children’s rights and protection. 

Article 10 
Committee 

The  Commission  shall  be  assisted  by  a  committee,  composed  of  representatives  of 
the Member States and chaired by the representative of the Commission, hereinafter 
referred to as the “Committee”. 

reference 

Where 
this  paragraph,  Articles  3  and  7  of 
Decision 1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8 
thereof. 

is  made 

to 

1. 

2. 

3. 

The committee shall adopt its Rules of Procedure. 

Article 11 
Complementarity 

1. 

2. 

3. 

1. 

2. 

Synergies  and  complementarity  with  other  Community  instruments  will  be  sought, 
particularly  the  general  programmes  “Security  and  Safeguards  Liberties”  and 
“Solidarity and Management of Migration Flows”, the 7th Research & Development 
Framework  Programme  as  well  as  the  programmes  on  health  protection  and  “Safer 
Internet Plus”. Complementarity with the European Monitoring Centre for Drugs and 
Drug  Addiction  will  be  actively  pursued.  The  statistical  element  of  information  on 
violence and drugs will be developed in collaboration with Member States, using as 
necessary the Community Statistical Programme. 

The  programme  may  share  resources  with  other  Community  instruments,  in 
particular  the  general  programmes  “Security  and  Safeguards  Liberties”,  “Solidarity 
and  Management  of  Migration  Flows”  and  the  7th  Research  &  Development 
Framework  Programme  in  order to implement  actions  meeting  the  objectives  of  all 
the programmes. 

Operations  financed  under  this  Decision  shall  not  receive  assistance  for  the  same 
purpose  from  other  Community  financial  instruments.  The  beneficiaries  of  this 
Decision  shall  provide  the  Commission  with  information  about  funding  received 
from  the  Community  budget  and  from  other  sources,  as  well  as  information  about 
ongoing applications for funding. 

Article 12 
Budgetary Resources 

The budget for the implementation of this instrument is set at EUR 138.2 million for 
the period set out in Article1. 

The budgetary resources allocated to the actions provided for in this programme shall 
be entered in the annual appropriations of the general budget of the European Union. 

EN 

28 

   EN 

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

Article 13 
Monitoring 

For  any  action  financed  by  the  programme,  the  beneficiary  shall  submit,  technical 
and financial reports on the progress of work. A final report shall also be submitted 
within  three  months  of  the  completion  of  the  action.  The  Commission  shall 
determine the form and content of the reports. 

Without prejudice to the audits carried out by the Court of Auditors in liaison with 
the  competent  national  audit  bodies  or  departments  pursuant  to  Article  248  of  the 
Treaty,  or  any  inspection  carried  out  pursuant  to  Article  279(c)  of  the  Treaty, 
officials  and  other  staff  of  the  Commission  may  carry  out  on-the-spot  checks, 
including sample checks, on actions financed under the programme. 

Contracts and agreements resulting from this Decision shall provide in particular for 
supervision  and  financial  control  by  the  Commission  (or  any  representative 
authorized by it), if necessary on-the-spot, and audits by the Court of Auditors. 

For  a  period  of  five  years  following  the  last  payment  in  respect  of  any  action,  the 
beneficiary  of  financial  assistance  shall  keep  available  for  the  Commission  all  the 
supporting documents regarding expenditure on the action. 

On the basis of the results of the reports and sample checks referred to in paragraphs 
1  and  2,  the  Commission  shall,  if  necessary,  adjust  the  scale  or  the  conditions  of 
allocation  of  the  financial  assistance  originally  approved  and  also  the  timetable  for 
payments. 

The  Commission  shall  take  every  other  step  necessary  to  verify  that  the  actions 
financed  are  carried  out  properly  and  in  compliance  with  the  provisions  of  this 
Decision and the Financial Regulation. 

Article 14 
Protection of Community financial interests 

The Commission shall ensure that, when actions financed under the present Decision 
are  implemented,  the  financial  interests  of  the  Community  are  protected  by  the 
application  of  preventive  measures  against  fraud,  corruption  and  any  other  illegal 
activities, by effective checks and by the recovery of the amounts unduly paid and, if 
irregularities  are  detected,  by  effective,  proportional  and  dissuasive  penalties,  in 
accordance with Council Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) 
No  2185/96,  and  with  Regulation  (EC)  No  1073/1999  of  the  European  Parliament 
and of the Council. 

For  the  Community  actions  financed  under  this  programme,  Regulation  (EC, 
Euratom) No 2988/95 and Regulation (Euratom, EC) No 2185/96 shall apply to any 
infringement  of  a  provision  of  Community  law,  including  infringements  of  a 
contractual obligation stipulated on the basis of the programme, resulting from an act 

1. 

2. 

3. 

4. 

5. 

6. 

1. 

2. 

EN 

29 

   EN 

 
3. 

4. 

5. 

1. 

2. 

3. 

or  omission  by  an  economic  operator,  which  has,  or  would  have,  the  effect  of 
prejudicing the general budget of the European Communities or budgets managed by 
them, by an unjustified item of expenditure. 

The Commission shall reduce, suspend or recover the amount of financial assistance 
granted  for  an  action  if  it  finds  irregularities,  including  non-compliance  with  the 
provisions  of  this  Decision  or  the  individual  decision  or  the  contract  or  agreement 
granting the financial support in question, or if it transpires that, without Commission 
approval  having  being  sought,  the  action  has  been  subjected  to  a  change  which 
conflicts with the nature or implementing conditions of the project. 

If  the  time  limits  have  not  been  observed  or  if  only  part  of  the  allocated  financial 
assistance  is  justified  by  the  progress  made  with  implementing  an  action,  the 
Commission  shall  request  the  beneficiary  to  submit  observations  within  a  specified 
period. If the beneficiary does not give a satisfactory answer, the Commission may 
cancel  the  remaining  financial  assistance  and  demand  repayment  of  sums  already 
paid.  

Any undue payment shall be repaid to the Commission. Interest shall be added to any 
sums  not  repaid  in  good  time  under  the  conditions  laid  down  by  the  Financial 
Regulation.  

Article 15 
Evaluation 

The programme will be monitored regularly in order to follow the implementation of 
activities carried out there under. 

The  Commission  shall  ensure  the  regular,  independent,  external  evaluation  of  the 
programme 

The Commission shall submit to the European Parliament and the Council: 

(a) 

an  interim  evaluation  report  on  the  results  obtained  and  the  qualitative  and 
quantitative aspects of the implementation of this programme no later than 31 
March 2011; 

(b) 

a  Communication  on  the  continuation  of  this  programme  no  later  than  30 
August 2012; 

(c) 

an ex post evaluation report no later than 31 December 2014. 

Article 16 
Transitory measures 

Decision No 803/2004/EC of  the European  Parliament  and  of the Council of 21 April 2004 
adopting  a  programme  of  Community  action  (2004–2008)  to  prevent  and  combat  violence 
against  children,  young  people  and  women  and  to  protect  victims  and  groups  at  risk  (the 
Daphne II programme) is repealed. 

EN 

30 

   EN 

 
Actions started before 31 December 2006 pursuant to that Decision continue to be governed, 
until their completion, by it. The committee provided for in Article 7 thereof shall be replaced 
by the one provided for in Article 10 of the present Decision. 

Article 17 
Entry into force 

This Decision shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. It shall apply from 1 January 2007. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

31 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT 

The preparation of the financial perspectives for 2007-2013 has been guided from the outset 
by a policy-led approach, in order to ensure consistency between political objectives and the 
amounts  allocated  to  pursue  them.  In  this  context,  the  establishment  of  an  area  of  freedom, 
security and justice is considered to be one of the main priorities of the European Union for 
the  years  to  come,  to  be  supported  through  substantially  increased  financial  means.  In  its 
Communications « Building our common Future - Policy challenges and Budgetary means of 
the  Enlarged  Union  2007-2013»33  and  « Financial  Perspectives  2007  –  2013 »34,  the 
Commission also underlined the importance of using the revision of the legal instruments for 
the  next  financial  perspectives  to  create  a  significant  movement  towards  greater  simplicity. 
Structuring  its  proposals  around  three  general  and  policy-led  programmes  (“Solidarity  and 
management  of  migration  flows”,  “Fundamental  Rights  and  Justice”,  “Security  and 
safeguarding freedoms”), the Commission sets out a clear framework for the development of 
financial  interventions  of  the  Community  in  support  of  the  three  objectives  of  Justice, 
Freedom and Security. 

2. 

JUSTIFICATION OF THE ACTION 

2.1. 

Analysis of the problem 

The  promotion  of  European  Union  citizenship  should  develop  a  feeling  of  belonging  to  a 
union that shares fundamental rights and values while preserving and respecting the diversity 
of the culture and traditions of the peoples of Europe. The Treaty establishing the European 
Community establishes European citizenship and the rights and duties of EU citizens; and the 
Treaty on European Union, together with the Charter of Fundamental Rights, is the basis for 
the EU policy in respect of fundamental rights. 

The main challenges facing the Union in relation to this policy area over the period of the next 
financial perspectives can be defined as follows: 

1. 

2. 

The incorporation of the Charter of Fundamental Rights of the European Union into 
the  Constitutional  Treaty,  the  opening  of  the  way  for  the  Union  to  accede  to  the 
European  Convention  on  Human  Rights,  and  the  Article  7  TEU  monitoring 
mechanisms already put in place under the Nice Treaty together imply a significant 
reinforcement and operationalisation of the fundamental values which are at the heart 
of the European project. 

Following the incorporation of the Charter into the Constitutional Treaty, the Union 
will be legally obliged not only to respect these rights, but, subject to respect of the 
principle  of  subsidiarity,  also  to  ensure  that  they  are  effectively  promoted  in  all 
policy areas (both internal and external) for which the Union is competent. 

33 
34 

COM(2004) 101, 10.2.2004. 
COM(2004) 487, 14.7.2004. 

EN 

32 

   EN 

 
                                                 
3. 

4. 

5. 

Monitoring  activities  to  ensure  that  the  Member  States  adopt  the  same  approach  in 
their areas of competence will increase dramatically, particularly in the context of a 
growing and ever more diverse Union and the new challenges that this will bring. 

NGOs  and  other  civil  society  actors  play  an  important  role  in  promoting  and 
protecting fundamental rights throughout the European Union and in helping people 
to  get  to  know  their  rights  and  to  exercise  them  fully.  It  is  therefore  essential  to 
ensure that the level of action and commitment from those entities is equivalent in all 
Member  States.  Supporting  civil  society  and  promoting  networking  is  therefore 
essential. 

Promoting  of  an  interfaith  and  multi-cultural  dialogue  that  can  be  seen  as  an 
important  means  for  fighting  against  discrimination  and  promoting  fundamental 
rights, mutual understanding and peace. 

2.2. 

The way forward 

The  aim  of  this  specific  programme  of  the  general  programme  “Fundamental  Rights  and 
Justice”  is  to  develop  significantly  the  two  existing  preparatory  actions  (promotion  of 
fundamental rights and support of civil society) introducing new objectives such as the fight 
against racism, xenophobia and anti-semitism namely through the promotion of an inter-faith 
and a multicultural dialogue at EU level. 

The  support  of  civil  society  in  respect  of  fundamental  rights  will  be  enlarged  to  cover  all 
Member States while the present preparatory action only covers the ten new Member States. 

A special focus will be put on the rights deriving from citizenship of the Union, recognised as 
fundamental rights by the Charter, namely to encourage democratic participation. 

A significant increase in the financial envelope is planned to reflect the increasing importance 
of these issues and to respond positively to civil society actors.  

2.3. 

Objectives of the programme and related indicators 

•  Definition of general, specific and operational objectives 

of 

promote 

the 
To 
development 
a 
European society based on 
European 
Union 
citizenship  and  respectful 
of  fundamental  rights  as 

promote 

the  Charter 

To 
of 
Fundamental  Rights  and  to  inform 
citizens  of  their  rights  as  Union 
citizens  and  to  encourage  them  to 
participate actively in the democratic 
life of the Union. 

To  support  awareness-
raising actions. 

EN 

33 

   EN 

 
 
enshrined in the Charter of 
Fundamental Rights.  

To  assess  regularly  the  situation  of 
fundamental  rights  in  the  European 
Union and its Member States, within 
the  scope  of  Community  law,  using 
the  Charter  of  Fundamental  Rights 
as  the  guiding  document  and  to 
obtain opinions on specific questions 
related  to  fundamental  rights  when 
necessary. 

prepare 

To 
regular 
reports or opinions on the 
situation  of  fundamental 
rights in the EU. 

To 
fight  against  anti-
semitism, 
and 
racism 
to 
xenophobia 
and 
strengthen  civil  society  in 
the  field  of  fundamental 
rights  

of 

To  explain  the  consequences  of  the 
of 
insertion 
Fundamental  Rights 
the 
Constitution  and  of  the  European 
Union’s  accession  to  the  European 
Convention of Human Rights. 

the  Charter 
into 

To  support  NGO  and  other  bodies 
from  civil  society  to  enhance  their 
capability  to  participate  actively  in 
the promotion of fundamental rights. 

and 

fight  against  anti-semitism, 
To 
racism 
by 
promoting  a  better  understanding 
and  improved  tolerance  throughout 
the European Union. 

xenophobia 

To  promote  peace  and  fundamental 
rights  namely  through  an  interfaith 
and  multicultural  dialogue  at  EU 
level. 

To  support  information 
campaigns in these fields.

have 

To 
open, 
transparent  and  regular 
civil 
dialogue  with 
society 
respect  of 
in 
fundamental rights. 

To  support  awareness-
raising actions. 

provide 

financial 
To 
support  for  the  activities 
of 
non-governmental 
organisations  or  other 
the 
entities 
general 
European 
interest. 

pursuing 

To  undertake  studies  and 
analyses in these areas. 

All the objectives are consistent with the overall aim of the general programme “Fundamental 
Rights and Justice” to support the development of an area of freedom, security and justice. 

•  Complementarity/coherence with other instruments  

This  programme  will  actively  seek  complementarity  with  the  future  of  Fundamental  Rights 
Agency, built upon the existing European Monitoring Centre on Racism and Xenophobia, to 
avoid overlaps and ensure synergy. 

This  programme  is  complemented  by  the  other  specific  programmes  under  the  general 
programme  “Fundamental  Rights  and  Justice”  in  particular  the  specific  programme  “Fight 
against violence (Daphne) and drugs prevention and information” that aims at fighting against 
violence  which  clearly  forms  part  of  the  protection  of  fundamental  rights  as  set  out  in  the 
Charter, in particular the right to physical integrity, and at tackling drug use and trafficking. 

EN 

34 

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The  general  programmes  “Security  and  Safeguarding  Liberties”  and  “Solidarity  and 
Management  of  Migration  Flows”  will  be  given  special  attention  as  they  complement  the 
present programme and synergy will certainly be achieved. Particular attention will be given 
to  the  dialogue  with  migrants  to  foster  tolerance  and  mutual  understanding  thus  helping 
integrate third country nationals. 

Attention was also given to other programmes, particularly the programme for Employment 
and  Social  Solidarity  (PROGRESS)  and  the  programme  on  active  citizenship,  in  order  to 
avoid overlaps  and to ensure coherence  and  complementarity in particular in  what concerns 
the actions supported by the present programme that might have positive consequences on the 
fight against discrimination and on the promotion of an intercultural dialogue. 

Complementarity will be sought during the implementation of the programmes, to coordinate 
the activities undertaken under each one of them when necessary. 

3. 

EVALUATION  

3.1. 

Lessons drawn from intermediate/final evaluations 

Two existing preparatory actions aim at promoting the fundamental rights and at supporting to 
civil society. 

The first preparatory action on fundamental rights funds at the moment two different projects: 
an annual report on the situation of fundamental rights in the European Union and its Member 
States  prepared  by  a  network  of  independent  experts,  and  funding  of  projects  aiming  at 
informing  all  persons  residing  in  the  European  Union  about  the  Charter  of  Fundamental 
Rights and at raising awareness about fundamental rights in the context of Union Law.  

The  second  preparatory  action  aims  at  supporting  civil  society  in  the  Member  States  which 
acceded to the European Union on 1st May 2004. 

Even  if  the  preparatory  actions  are  too  recent  to  allow  for  a  proper  assessment,  the 
enthusiastic participation of civil society confirms the need to set up a structured programme 
to ensure continuation of those activities on a larger scale. 

Furthermore, regular contacts maintained with civil society confirm that an open and regular 
dialogue  with  NGOs  in  the  area  of  fundamental  rights  should  be  further  developed  and 
highlighted the need for more awareness raising campaigns on fundamental rights and also the 
need to promote networking between NGOs from different Member States. 

3.2. 

Ex ante evaluation 

The  working  paper  of  the  Commission  presenting  the  ex  ante  evaluation  of  the  general 
programme “Fundamental Rights and Justice” shows the appropriateness of the policy option 
chosen to achieve the goals envisaged. 

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35 

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4. 

LEGAL BASIS AND RATIONALE OF THE POLICY INSTRUMENT 

4.1. 

Legal Basis 

This  specific  programme  of  the  general  programme  “Fundamental  Rights  and  Justice”  is 
based in Article 308 of the Treaty establishing the European Community. 

This  Article  foresees  that  an  action  by  the  Community  is  possible  even  if  no  powers  are 
specifically envisaged in the Treaty if the action concerned is necessary to attain one of the 
objectives of the Community. 

The objectives of this programme do not have a specific legal basis in the Treaty, since they 
concern  promotion  of  the  fundamental  rights  of  the  Charter  generally  and  not  merely 
promotion  of  the  few  specific  fundamental  rights  for  which  specific  legal  bases  exist.  They 
will  nevertheless  contribute  to  the  definition  and  implementation  of  EU  competencies  and 
policies  by  raising  awareness  among  everyone  in  the  European  Union  of  their  fundamental 
rights under Community law 

The  legal  basis  proposed  is  appropriate  as  the  programme  contributes  to  attain  Community 
objectives. 

4.2. 

Actions defined within the programme 

Different types of actions are envisaged such as: 

•  specific actions taken by the Commission, such as, studies and research, opinion polls and 
surveys,  formulation  of  indicators  and  common  methodologies,  collection,  development 
and  dissemination  of  data  and  statistics,  seminars,  conferences  and  expert  meetings, 
organisation  of  public  campaigns  and  events,  development  and  maintenance  of  websites, 
preparation  and  dissemination  of  information  material,  support  for  and  management  of 
networks of national experts, analytical, monitoring and evaluation activities; 

•  actions  providing  financial  support  for  specific  projects  of  Community  interest  under  the 

conditions set out in the annual work programmes; 

•  actions providing financial support for the activities of non-governmental organisations or 

other entities under the conditions set our in the annual work programmes; 

•  an operating grant to the Association of the Council of States and Supreme Administrative 
Jurisdictions  of  the  European  Union  which  pursues  an  objective  of  general  European 
interest  by  promoting  exchanges  of  views  and  experience  on  matters  concerning  the 
jurisprudence,  organisation  and  functioning  of  its  Members  in  the  performance  of  their 
judicial and/or advisory functions, particularly with regard to Community Law. 

4.3. 

Subsidiarity and Proportionality 

The  current  proposal  has  been  designed  to  respect  the  principles  of  subsidiarity  and 
proportionality set out in Article 5 of the EC Treaty and its accompanying Protocol. So far as 
subsidiarity is concerned, this programme does not attempt to intervene in the areas that are 
cover by national programmes developed by national authorities in each Member State but to 
focus  on  areas  where  European  added-value  can  be  engendered.  To  this  extent,  the  great 
majority  of  the  activities  supported  by  the  programme  can  be  viewed  as  complementary  to 

EN 

36 

   EN 

 
national  actions  and  as  attempting  to  exploit  as  far  as  possible  the  synergy  from  actions 
implemented at international and regional level.  

So  far  as  proportionality  is  concerned,  the  new  programme  proposal  has  been  designed  to 
incorporate the maximum possible simplification in terms not only of the form of the action – 
the  definitions  of  actions  in  the  legislative  text  are  kept  as  generic  as  possible  –  but  also  in 
terms of the administrative and financial requirements that will apply to their implementation. 
The Commission has sought to find the right balance between flexibility and ease of use on 
the one hand, and clarity of purpose and appropriate financial and procedural safeguards, on 
the other.  

Following the guidelines indicated in the protocol on the application of both principles, it is 
clear  that  the  problems  that  this  programme  sought  to  tackle  have  transnational  aspects  and 
therefore that action at Community level will yield benefits over and above action at Member 
State level. 

4.4. 

Simplification and rationalisation 

The proposed approach will contribute to the key objective of simplifying instruments both in 
legal  and  management  terms  and  of  streamlining  of  the  structure  of  the  budget.  It  will  also 
increase coherence and consistency between instruments and avoid duplication between these. 
Whilst  additional  human  resources  will  be  necessary  to  cope  with  future  enlargements,  a 
better  allocation of  human resources will be achieved by discontinuing  smaller budget lines 
(which  absorb  disproportionate  resources)  and  by  regrouping  existing  programmes  into  a 
single, coherent and streamlined programme. This will result in more proportionality between 
the amount of expenditure and the administrative cost of managing it. 

The proposed rationalisation will also benefit the end-user as it increases the visibility, clarity 
and  coherence  of  the  instruments.  Potential  beneficiaries  will  find  it  easier  to  apply  for 
funding  thanks  to  the  standardised  approach  and  the  harmonisation  of  provisions  for 
implementation. 

The  Commission  may  decide  to  entrust  part  of  the  budget  implementation  to  agencies 
governed  by  Community  law,  referred  to  in  Article  54(2)(a)  of  the  Financial  Regulation. 
These agencies shall be designated by the Commission in conformity with the provisions of 
Articles 55 and 56 of Council Regulation (EC, Euratom) No 1605/2002 and of Article 37 of 
Commission  Regulation  (EC,  Euratom)  No  2342/2002.  The  Commission  shall  analyse  the 
compliance with the principles of economy, effectiveness and efficiency. Before proceeding 
to implement the delegation, the Commission shall ensure, by mean of a prior assessment that 
the creation of agencies is in compliance with sound financial management. 

The  proposed  new  instrument  follows  the  path  that  was  determined  by  the  Commission  in 
what  concerns  the  political  and  financial  challenges  as  from  2007  on.  The  intention  is  to 
complement,  simplify  and  rationalise  the  existing  instruments  and  to  ensure  the  necessary 
flexibility to face new objectives and to respond in a smooth way to the new legal framework, 
which will be established once the Constitutional Treaty enters into force. 

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37 

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5. 

BUDGETARY IMPLICATIONS 

The  cost  of  the  general  programme  “Fundamental  Rights  and  Justice”  for  the  period  2007–
2013  is  EUR  5439  million;  the  present  specific  programme  will  be  allocated  EUR  96.5 
million. 

EN 

38 

   EN 

 
2005/0038 (CNS) 

Proposal for a 

COUNCIL DECISION 

Establishing for the period 2007-2013 the specific programme "Fundamental rights and 
citizenship" as part of the 
General programme "Fundamental Rights and Justice" 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 308 thereof, 

Having regard to the proposal from the Commission35, 

Having regard to the opinion of the European Parliament36, 

Having regard to the opinion of the European Economic and Social Committee37, 

Having regard to the opinion of the Committee of the Regions38, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

35 
36 
37 
38 
39 

Article 6(1) on the Treaty on European Union states that the Union is founded on the 
principle  of  liberty,  democracy,  respect  for  human  rights  and  fundamental  freedoms 
and the rule of law, principles which are common to the Member States. 

Article  6(2)  on  the  Treaty  on  European  Union  states  that  the  Union  shall  respect 
fundamental  rights,  as  guaranteed  by  the  European  Convention  for  the  Protection  of 
Human  Rights  and  Fundamental  Freedoms and as they result from the constitutional 
traditions common to the Member States, as general principles of Community law. 

The Charter of Fundamental Rights of the European Union, which was proclaimed on 
7 December 2000, embraces the fundamental values on which the European Union is 
founded39. 

As stated in The Hague Programme adopted by the European Council at its meeting in 
Brussels on 4 and 5 November 2004, the incorporation of the Charter into the Treaty 
establishing a Constitution for Europe and the accession to the European Convention 
for  the  Protection  of  Human  Rights  and  Fundamental  Freedoms  will  place  the 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C 364, 18.12.2000, p. 1. 

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39 

   EN 

 
                                                 
(5) 

(6) 

(7) 

(8) 

European Union under a legal obligation to ensure, subject to respect of the principle 
of  subsidiarity,  that  in  all  areas  of  its  activity,  fundamental  rights  are  not  only 
respected but also actively promoted.  

In its Communication to the Council and the European Parliament on Article 7 of the 
Treaty  on  European  Union40,  the  Commission  underlines  the  importance  of  the  role 
that  civil  society  plays  both  in  protecting  and  promoting  fundamental  rights;  the 
Commission therefore should establish a regular dialogue with civil society. 

The Commission stresses the importance of the information and communication with 
respect to the rights that European Union citizenship confers on its citizens to improve 
their  awareness  of  their  rights  and  to  provide  them  with  easy  access  to  reliable 
information.  

In  November  2004 
importance  of 
communication to bring all persons close to the European project by encouraging an 
active citizenship. 

the  European  Council 

recognised 

the 

The Association of the Council of States and Supreme Administrative Jurisdictions of 
the  European  Union  promotes  exchanges  of  views  and  experience  on  matters 
concerning  the  jurisprudence,  organisation  and  functioning  of  its  Members  in  the 
performance  of  their  judicial  and/or  advisory  functions,  particularly  with  regard  to 
Community Law and therefore pursues an aim of general European interest. 

(9) 

The  Treaty  does  not  provide,  for  the  adoption  of  this  Decision,  powers  than  those 
under Article 308. 

(10)  Appropriate measures should also be taken to prevent irregularities and fraud and the 
necessary  steps  should  be  taken  to  recover  funds  lost,  wrongly  paid  or  incorrectly 
used. 

(11)  This  Decision  establishes  a  financial  framework  for  the  entire  duration  of  the 
programme, which is to be the principal point of reference for the budgetary authority 
within  the  meaning  of  point  33  of  the  Interinstitutional  Agreement  of  6  May  1999 
between  the  European  Parliament,  the  Council  and  the  Commission  on  budgetary 
discipline and improvement of the budgetary procedure41. 

(12)  The objectives of the programme, namely in the field of promotion of the Charter of 
Fundamental Rights including those derived from the EU citizenship , the support to 
civil  society  associations,  the  fight  against  racism,  xenophobia  and  anti-semitism 
through an interfaith and multicultural dialogue cannot be sufficiently achieved by the 
Member States and can therefore, by reason of the scale or impact of the initiative, be 
better  achieved  at  Community  level.  The  Community  may  adopt  measures  in 
accordance with the principle of subsidiarity as set out in Article 5 of  the Treaty. In 
accordance  with  the  principle  of  proportionality,  as  set  out  in  that  Article,  this 
Decision does not go beyond what is necessary to achieve those objectives. 

40 
41 

COM(2003) 609, 15.10.2003. 
OJ C 172, 18.6.1999, p. 1. 

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40 

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(13)  Council  Regulation  (EC,  Euratom)  No  1605/2002  of  25  June  2002  on  the  Financial 
Regulation  applicable  to  the  general  budget  of  the  European  Communities42, 
hereinafter “the Financial Regulation”, and Commission Regulation (EC, Euratom) No 
2342/2002 of 23 December 2002 laying down detailed rules for the implementation of 
Council  Regulation 
the 
Community’s financial interests, have to be applied taking into account the principles 
of simplicity and consistency  in  the choice of budgetary instruments, a limitation on 
the  number  of  cases  where  the  Commission  retains  direct  responsibility  for  their 
implementation  and  management,  and  the  required  proportionality  between  the 
amount of resources and the administrative burden related to their use. 

(EC,  Euratom)  No  1605/200243,  which  safeguard 

(14)  The Financial Regulation requires a basic act to be provided to cover operating grants. 

(15) 

In accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures  for  the  exercise  of  implementing  powers  conferred  on  the  Commission44 
measures  for  the  implementation  of  this  Decision  should  be  adopted  by  use  of  the 
advisory procedure provided for in Article 3 of that Decision. This is appropriate since 
the programme does not have a significant impact on the Community budget. 

HAS DECIDED AS FOLLOWS: 

Article 1 

Creation of the programme 

1. 

This  Decision  establishes  the  programme  « Fundamental  Rights  and  citizenship », 
hereinafter  referred  to  as  "the  programme"  as  part  of  the  general  programme 
“Fundamental Rights and Justice”, in order to contribute to the strengthening of the 
area of Freedom, Security and Justice. 

2. 

The programme shall cover the period from 1 January 2007 to 31 December 2013. 

Article 2 

General objectives 

1. 

This programme shall have the following general objectives: 

(a)  To  promote  the  development  of  a  European  society  based  on  respect  for 
fundamental  rights  provided  for  in  the  Charter  of  Fundamental  Rights  of  the 
European  Union,  including  rights  derived  from  European  Union  citizenship, 
which  is  destined  to  be  the  fundamental  status  of  nationals  of  the  Member 
States. 

(b)  To strengthen civil society and  to  encourage an  open,  transparent and regular 

dialogue with it in respect of fundamental rights. 

42 
43 
44 

OJ L 248, 16.9.2002, p. 1. 
OJ L 357, 31.12.2002, p. 1. 
OJ L 184, 17.7.1999, p. 23. 

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41 

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(c)  To fight against racism, xenophobia and anti-semitism. 

2. 

3. 

The  general  objectives  of  the  programme  are  complementary  to  the  objectives 
pursued  by  the  Fundamental  Rights  Agency  built  upon  the  European  Monitoring 
Centre on Racism and Xenophobia. 

Without  prejudice  to  the  objectives  and  powers  of  the  European  Community,  the 
general objectives of the programme contribute to the development of the community 
policies respectful of fundamental rights. 

Article 3 

Specific objectives 

The programme shall have the following specific objectives: 

(a) 

(b) 

(c) 

(d) 

(e) 

To  promote  the  Charter  of  Fundamental  Rights  and  to  inform  all  persons  of 
their  rights  including  those  derived  from  the  EU  citizenship  in  order  to 
encourage  European  Union  citizens  to  participate  actively  in  the  democratic 
life of the Union. 

To assess regularly the situation of fundamental rights in the European Union 
and  its  Member  States,  within  the  scope  of  application  of  Community  law, 
using the Charter of Fundamental Rights as the guiding document and to obtain 
opinions on specific questions related to fundamental rights  within this scope 
when necessary. 

To  explain  the  consequences  of  the  insertion  of  the  Charter  of  Fundamental 
Rights  into  the  Constitution  and  of  the  European  Union’s  accession  to  the 
European Convention of Human Rights. 

To support NGO and other bodies from civil society to enhance their capability 
to participate actively in the promotion of fundamental rights, the rule of law 
and democracy. 

To  promote  peace  and  fundamental  rights  namely  through  an  interfaith  and 
multicultural dialogue at EU level. 

Article 4 

Actions 

With a view to pursuing the general and specific objectives set out in Articles 2 and 3, this 
programme will support the following types of actions: 

(a) 

specific  actions  taken  by  the  Commission,  such  as,  studies  and  research, 
opinion  polls  and  surveys, 
indicators  and  common 
methodologies,  collection,  development  and  dissemination  of  data  and 
statistics,  seminars,  conferences  and  expert  meetings,  organisation  of  public 
campaigns and events; development and maintenance of websites, preparation 

formulation  of 

EN 

42 

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(b) 

(c) 

(d) 

and  dissemination  of  information  material,  support  for  and  management  of 
networks  of  national  experts,  analytical,  monitoring  and  evaluation  activities; 
or 

specific transnational projects of Community interest presented by at least three 
Member States under the conditions set out in the annual work programmes; or 

support  to  the  activities  of  non-governmental  organisations  or  other  entities 
pursuing  an  aim  of  general  European  interest  in  accordance  with  the  general 
objectives  of  the  programme  under  the  conditions  set  out  in  the  annual  work 
programmes. 

an  operating  grant  to  co-finance  expenditure  associated  with  the  permanent 
work  programme  of  the  Association  of  the  Council  of  States  and  Supreme 
Administrative Jurisdictions of the European Union which pursues an objective 
of general European interest by promoting exchanges of views and experience 
on  matters  concerning  the  jurisprudence,  organisation  and  functioning  of  its 
members  in  the  performance  of  their  judicial  and/or  advisory  functions, 
particularly with regard to Community Law. 

Article 5 

Participation 

The following countries, hereinafter referred to as « participating countries » may participate 
in the actions of the programme: 

(a) 

(b) 

the  candidate  countries  associated  to  the  EU,  as  well  as  the  western  Balkan 
countries  included  in  the  stabilisation  and  association  process  in  accordance 
with the conditions laid down in the association agreements or their additional 
protocols relating to participation in Community programmes concluded or to 
be concluded with those countries; 

projects may associate candidate countries not participating in this programme 
where  this  would  contribute  to  their  preparation  for  accession,  or  other  third 
countries not participating in this programme where this serves the objectives 
of the projects. 

Article 6 

Target Groups 

The programme is targeted at EU citizens, third countries nationals residing legally within the 
EU  territory  and  civil  society  associations,  among  other  groups  active  in  promoting  the 
objectives of this programme. 

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43 

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Article 7 

Access to the programme 

Access  to  this  programme  shall  be  open,  inter  alia,  to  institutions  and  public  or  private 
organisations,  universities,  research  institutes,  non-governmental  organisations,  national, 
regional  and 
international  organisations  and  other  not-for-profit 
local  authorities, 
organisations established in the European Union. 

The programme shall permit joint activities with international organisations competent in the 
field of fundamental rights, such as the Council of Europe, on the basis of joint contributions 
and in accordance with the various rules prevailing in each institution or organisation, for the 
achievement of the objectives of this programme. 

Article 8 

Types of intervention 

1. 

Community funding may take the following legal forms: 

–  grants, 

–  public procurement contracts. 

2. 

3. 

1. 

2. 

3. 

Community  grants  shall  be  awarded  further  to  calls  for  proposals,  save  in  duly 
substantiated  exceptional  cases  of  urgency  or  where  the  characteristics  of  the 
beneficiary leave no other choice for a given action, and shall be provided through 
operating  grants  and  grants  to  actions.  The  maximum  rate  of  co-financing  will  be 
specified in the annual work programmes. 

Furthermore,  expenditure  is  foreseen  for  accompanying  measures,  through  public 
procurement  contracts,  in  which  case  Community  funds  will  cover  the  purchase  of 
services  and  goods.  This  will  cover,  inter  alia,  expenditure  on  information  and 
communication,  preparation,  implementation,  monitoring,  checking  and  evaluation 
of projects, policies, programmes and legislation. 

Article 9 

Implementing measures 

The Commission shall implement the Community Assistance in accordance with the 
Financial Regulation applicable to the general budget of the European Communities. 

To implement the programme, the Commission shall, within the limits of the general 
objectives  set  out  in  Article  2,  adopt  an  annual  work  programme  specifying  its 
specific  objectives,  thematic  priorities,  a  description  of  accompanying  measures 
envisaged in Article 8 and if necessary a list of other actions. 

The  annual  work  programme  will  be  adopted  in  accordance  with  the  procedure  set 
out in Article 10(2). 

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44 

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4. 

The  evaluation  and  award  procedures  relating  to  grants  to  actions  shall  take  into 
account, inter alia, the following criteria: 

(a) 

conformity  with  the  annual  work  programme,  the  general  objectives  as 
specified in Article 2 and measures taken in the different domains as specified 
in Articles 3 and 4; 

(b)  quality  of  the  proposed  action  regarding  its  conception,  organisation, 

presentation and expected results; 

(c) 

(d) 

amount  requested  for  community  financing  and  its  appropriateness  as  to 
expected results; 

impact  of  the  expected  results  on  the  general  objectives  defined  in  Article  2 
and on measures taken in the different domains as specified in Articles 3 and 4. 

5. 

The  applications  for  operating  grants,  referred  to  in  Article  4(3)  and  (4),  shall  be 
assessed in the light of: 

–  consistency with the programme objectives; 

–  quality of the planned activities; 

–  likely multiplier effect on the public of these activities; 

–  geographic impact of the activities carried out; 

–  citizen involvement in the organisation of the bodies concerned; 

–  cost/benefit ratio of the activity proposed. 

Pursuant  to  Article  113(2)  of  the  Financial  Regulation,  the  principle  of  gradual 
reduction  shall  not  apply  to  the  operating  grant  given  to  the  Association  of  the 
Council of States and Supreme Administrative Jurisdictions of the European Union 
since it pursues an objective of general European interest. 

Article 10 

Committee 

The  Commission  shall  be  assisted  by  a  committee,  composed  of  representatives  of 
the Member States and chaired by the representative of the Commission, hereinafter 
referred to as the “Committee”. 

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

The committee shall adopt its Rules of Procedure. 

6. 

1. 

2. 

3. 

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45 

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Article 11 

Complementarity 

1. 

2. 

3. 

Synergies  and  complementarity  with  other  Community  instruments  will  be  sought, 
particularly  the  general  programmes  “Security  and  Safeguarding  Liberties”  and 
“Solidarity  and  Management  of  Migration  Flows”,  as  well  as  the  “Progress 
programme. Complementarity with the Fundamental Rights Agency, built  upon the 
European  Monitoring  Centre  on  Racism  and  Xenophobia  will  be  actively  pursued. 
The statistical element of information on fundamental rights and citizenship will be 
developed in collaboration with Member States, using as necessary the Community 
Statistical Programme. 

The  programme  may  share  resources  with  other  Community  instruments,  in 
particular  the  general  programmes  “Security  and  Safeguards  Liberties”  and 
“Solidarity  and  Management  of  Migration  Flows”  in  order  to  implement  actions 
meeting the objectives of all programmes. 

Operations  financed  under  this  Decision  shall  not  receive  assistance  for  the  same 
purpose  from  other  Community  financial  instruments.  The  beneficiaries  of  this 
Decision  shall  provide  the  Commission  with  information  about  funding  received 
from  the  Community  budget  and  from  other  sources,  as  well  as  information  about 
ongoing applications for funding. 

Article 12 

Budgetary Resources 

The  budgetary  resources  allocated  to  the  actions  provided  for  in  this  programme  shall  be 
entered  in  the  annual  appropriations  of  the  general  budget  of  the  European  Union.  The 
available  annual  appropriations  shall  be  authorised  by  the  budgetary  authority  within  the 
limits of the financial perspectives. 

Article 13 

Monitoring 

1. 

2. 

For  any  action  financed  by  the  programme,  the  beneficiary  shall  submit,  technical 
and financial reports on the progress of work. A final report shall also be submitted 
within  three  months  of  the  completion  of  the  action.  The  Commission  shall 
determine the form and content of the reports. 

Without prejudice to the audits carried out by the Court of Auditors in liaison with 
the  competent  national  audit  bodies  or  departments  pursuant  to  Article  248  of  the 
Treaty,  or  any  inspection  carried  out  pursuant  to  Article  279(c)  of  the  Treaty, 
officials  and  other  staff  of  the  Commission  may  carry  out  on-the-spot  checks, 
including sample checks, on actions financed under the programme. 

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3. 

4. 

5. 

6. 

1. 

2. 

3. 

4. 

Contracts and agreements resulting from this Decision shall provide in particular for 
supervision  and  financial  control  by  the  Commission  (or  any  representative 
authorized by it), if necessary on-the-spot, and audits by the Court of Auditors. 

For  a  period  of  five  years  following  the  last  payment  in  respect  of  any  action,  the 
beneficiary  of  financial  assistance  shall  keep  available  for  the  Commission  all  the 
supporting documents regarding expenditure on the action. 

On the basis of the results of the reports and sample checks referred to in paragraphs 
1  and  2,  the  Commission  shall,  if  necessary,  adjust  the  scale  or  the  conditions  of 
allocation  of  the  financial  assistance  originally  approved  and  also  the  timetable  for 
payments. 

The  Commission  shall  take  every  other  step  necessary  to  verify  that  the  actions 
financed  are  carried  out  properly  and  in  compliance  with  the  provisions  of  this 
Decision and the Financial Regulation. 

Article 14 

Protection of Community financial interests 

The Commission shall ensure that, when actions financed under the present Decision 
are  implemented,  the  financial  interests  of  the  Community  are  protected  by  the 
application  of  preventive  measures  against  fraud,  corruption  and  any  other  illegal 
activities, by effective checks and by the recovery of the amounts unduly paid and, if 
irregularities  are  detected,  by  effective,  proportional  and  dissuasive  penalties,  in 
accordance with Council Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) 
No  2185/96,  and  with  Regulation  (EC)  No  1073/1999  of  the  European  Parliament 
and of the Council. 

For  the  Community  actions  financed  under  this  programme,  Regulation  (EC, 
Euratom) No 2988/95 and Regulation (Euratom, EC) No 2185/96 shall apply to any 
infringement  of  a  provision  of  Community  law,  including  infringements  of  a 
contractual obligation stipulated on the basis of the programme, resulting from an act 
or  omission  by  an  economic  operator,  which  has,  or  would  have,  the  effect  of 
prejudicing the general budget of the European Communities or budgets managed by 
them, by an unjustified item of expenditure. 

The Commission shall reduce, suspend or recover the amount of financial assistance 
granted  for  an  action  if  it  finds  irregularities,  including  non-compliance  with  the 
provisions  of  this  Decision  or  the  individual  decision  or  the  contract  or  agreement 
granting the financial support in question, or if it transpires that, without Commission 
approval  having  being  sought,  the  action  has  been  subjected  to  a  change  which 
conflicts with the nature or implementing conditions of the project. 

If  the  time  limits  have  not  been  observed  or  if  only  part  of  the  allocated  financial 
assistance  is  justified  by  the  progress  made  with  implementing  an  action,  the 
Commission  shall  request  the  beneficiary  to  submit  observations  within  a  specified 
period. If the beneficiary does not give a satisfactory answer, the Commission may 

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5. 

1. 

2. 

3. 

cancel  the  remaining  financial  assistance  and  demand  repayment  of  sums  already 
paid. 

Any undue payment shall be repaid to the Commission. Interest shall be added to any 
sums  not  repaid  in  good  time  under  the  conditions  laid  down  by  the  Financial 
Regulation. 

Article 15 

Evaluation 

The programme will be monitored regularly in order to follow the implementation of 
activities carried out there under. 

The  Commission  shall  ensure  the  regular,  independent,  external  evaluation  of  the 
programme. 

The Commission shall submit to the European Parliament and the Council: 

(a) 

an  interim  evaluation  report  on  the  results  obtained  and  the  qualitative  and 
quantitative aspects of the implementation of this programme no later than 31 
March 2011; 

(b) 

a  Communication  on  the  continuation  of  this  programme  no  later  than  30 
August 2012; 

(c) 

an ex post evaluation report no later than 31 December 2014. 

Article 16 

Entry into force 

This Decision shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. It shall apply from 1 January 2007. 

Done at Brussels,  

For the Council 
The President

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT 

The preparation of the financial perspectives for 2007-2013 has been guided from the outset 
by a policy-led approach, in order to ensure consistency between political objectives and the 
amounts  allocated  to  pursue  them.  In  this  context,  the  establishment  of  an  area  of  freedom, 
security and justice is considered to be one of the main priorities of the European Union for 
the  years  to  come,  to  be  supported  through  substantially  increased  financial  means.  In  its 
Communications « Building our common Future - Policy challenges and Budgetary means of 
the  Enlarged  Union  2007-2013»45  and  « Financial  Perspectives  2007–2013 »46,  the 
Commission also underlined the importance of using the revision of the legal instruments for 
the  next  financial  perspectives  to  create  a  significant  movement  towards  greater  simplicity. 
Structuring  its  proposals  around  three  general  and  policy-led  programmes  (“Solidarity  and 
management  of  migration  flows”,  “Fundamental  Rights  and  Justice”,  “Security  and 
safeguarding freedoms”), the Commission sets out a clear framework for the development of 
financial  interventions  of  the  Community  in  support  of  the  three  objectives  of  Justice, 
Freedom and Security. 

2. 

JUSTIFICATION OF THE ACTION 

2.1. 

Analysis of the problem 

The right to move freely within the Union (one of the four principles underlying the Single 
Market), requires measures in respect of criminal law to ensure that there are no safe havens 
for crime and criminals.. 

Common  EU  interests  must  be  protected  against  criminal  behaviour,  either  because  of  its 
cross-border  dimension,  or  because  it  offends  EU  common  values,  such  as  respect  for 
individuals,  democracy  and  good  governance  (which  explains  why  action  against  sexual 
exploitation  of  children,  racism,  fraud  and  corruption  is  necessary).  A  common  approach  in 
this regard reflects the emergence of a European public order. Yet it must also take account of 
the  need  to  provide  a  high  standard  of  protection  of  individual  rights,  which  means,  for 
example, building on earlier achievements in respect of the rights of the victims, improving 
the  rights  of  people  arrested  and  setting  the  framework  and  standards  regarding  the  way 
sentences  are  served  and  offenders  are  reintegrated  into  society.  Indeed,  individuals  and 
businesses  should  not  be  prevented  or  discouraged  from  exercising  their  rights  by  the 
incompatibility or complexity of legal and administrative systems in the Member States 

2.2. 

The way forward 

The promotion and the protection of fundamental rights require the establishment of a genuine 
European  area  of  justice.  The  creation  of  such  an  area  enables  judicial  authorities  to  co-
operate  effectively,  and  ensures  that  citizens  have  a  better  access  to  justice  and  are  neither 
prevented nor discouraged from exercising their rights by incompatibilities and complexities 

45 
46 

COM(2004) 101, 10.2.2004. 
COM(2004) 487, 14.7.2004. 

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49 

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in legal systems. It also enables the principle of mutual recognition of judicial decisions to be 
established, and the good functioning of the judiciary to be continuously improved. 

The challenge for the Union will be to respond to the expectations of the citizens that there 
should be effective solutions to their practical problems. This will imply in particular:  

–  as  the  acquis  grows,  increased  efforts  to  monitor  its  application  by  the  Member  States, 

including through such modern means as the establishment of databases of case law; 

–  further  legislative  action  in  particular  to  improve  ease  of  access  to  and  the  efficiency  of 

justice; 

–  strengthening  of  mechanisms  for  providing  information  to  the  public  and  promoting 
training  of  and  exchanges  of  practitioners  on  the  implications  of  the  instruments  for 
cooperation in this area; 

–  legislative  measures  to  put  in  place  and  develop  common  tools  for  cooperation.  This 
implies inter alia, on the one hand, more efficient mechanisms for exchange of information 
between Member  States  on  those convicted of criminal  activities, in particular  by setting 
up a computerised system to exchange information on criminal records, and on the other 
hand, to improve standards for certain procedures such as rules on collection of evidence 
and  on  the  protection  of  those  involved  in  criminal  proceedings,  whether  they  are  the 
accused, witnesses or victims; 

–  further  measures  to  promote  understanding  and  use  of  common  tools  and  procedures 

among practitioners. 

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50 

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2.3. 

Objectives of the programme and related indicators 

•  Definition of general, specific and operational objectives  

to 

promote 

judicial 
To 
cooperation  with  the  aim 
of  contributing 
the 
creation  of  a  genuine 
European area of justice in 
criminal  matters  based  on 
mutual 
recognition  and 
mutual confidence.  

judicial 

systems 

To promote the adaptation of the 
existing 
in 
Member  States  to  the  European 
Union  being  a  territory  without 
border  controls,  with  a  single 
currency, with free movement of 
persons,  services,  goods  and 
capital. 

To  improve  the  daily  life  of 
individuals  and  businesses  by 
enabling  them  to  assert  their 
rights  throughout  the  European 
Union,  notably  by 
fostering 
access to justice. 

the 

To improve the contacts between 
legal, judicial and administrative 
legal 
and 
authorities 
to 
professions, 
improve 
exchange  of 
information  on 
criminal  cases  between  Member 
States  and  to  foster  the  training 
of the members of the judiciary. 

To improve mutual knowledge 
of  Member  States’  legal  and 
judicial  systems  in  criminal 
matters  and  to  promote  and 
strengthen  networking,  mutual 
cooperation, 
and 
dissemination  of  information, 
experience and best practices. 

exchange 

ensure 

the 
sound 
To 
implementation, 
the  correct 
and  concrete  application  and 
the  evaluation  of  Community 
instruments  in  the  areas  of 
judicial cooperation in criminal 
matters. 

To improve information on the 
legal  systems  in  the  Member 
States and access to justice. 

To  promote  the  training  of  the 
judiciary  and  judicial  staff  in 
Union matters. 

evaluate 

the 
necessary 

general 
To 
to 
conditions 
develop  mutual  confidence, 
including the quality of justice. 

To  develop  and  implement  a 
European computerised system 
of  exchange  of  information  on 
criminal records and to support 
studies  to  develop  other  types 
of exchange of information. 

All the objectives are consistent with the overall aim of the general programme “Fundamental 
Rights and Justice” to support the development of an area of freedom, security and justice. 

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51 

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•  Complementarity/coherence with other instruments 

When  preparing  the  programme,  particular  attention  was  given  to  ensuring  coherence  with 
other  programmes  financing  activities  in  the  same  policy  areas  and  to  looking  for 
complementarity and synergy with these. 

This  programme  is  complemented  by  the  other  specific  programmes  under  the  general 
programme  “Fundamental  Rights  and  Justice”  in  particular  the  specific  programme  “Civil 
Justice”  on  judicial  cooperation  in  civil  matters.  The  “Civil  Justice”  programme  follows,  as 
much  as  possible,  the  objectives  and  the  structure  of  the  present  programme  and  aims  at 
ensuring that the right to move freely within the Union is not prevented or discouraged by the 
complexity of the legal and administrative systems of the Member States. 

Complementarity  will  also  be  sought  with  Eurojust  which  is  a  European  Union  body 
established  to  enhance  the  effectiveness  of  the  competent  authorities  within  Member  States 
when  they  are  dealing  with  the  investigation  and  prosecution  of  serious  cross-border  and 
organised  crime,  including  terrorism,  by  stimulating  and  improving  cooperation  between 
those authorities. By placing an emphasis on ensuring full cooperation between the competent 
national  authorities,  Eurojust  is  an  essential  complement  to  the  Fundamental  Rights  and 
Justice programme in particular the specific programme “Criminal Justice”. 

Complementarity  is  also  to  be  ensured  with  the  general  programme  “Security  and 
Safeguarding  Liberties”  that  puts  the  emphasis  on  law  enforcement,  in  the  sense  of 
cooperation  between  police  and  other  non-judicial  law  enforcement  agencies,  while  the 
presente programme focuses on the judiciary. 

Finnally  complementarity  will  also  be  sought  with  the  general  programme  “Solidarity  and 
Management  of  Migration  Flows”  in  particular  in  the  area  related  to  the  asylum  and  third 
country national integration legal systems. 

3. 

EVALUATION 

3.1. 

Lessons drawn from intermediate/final evaluations 

Although an in-depth evaluation of the AGIS programme is still under way, it can be said that 
this  programme  turned  out  to  be  very  useful  and  has  contributed  considerably  to  improve 
mutual understanding  among  national authorities  and institutions. The first annual report on 
the implementation of the programme underlines that the high number of proposals received, 
which  were  more  than  the  budget  available,  shows  clearly  the  interest  in  the  programme 
among its potential beneficiaries, It also highlights that conferences and seminars are by far 
the  most  important  type  of  action  and  they  account  for  almost  half  (46.4%)  of  the  total 
number of projects co-financed. The second most important type (26.8% of the total) concerns 
research,  studies  and  the  establishment  of  networks.  Training  and  exchange  programmes, 
which  are  by  their  nature  more  difficult  to  implement  than  these  other  actions,  represent  a 
fifth (20.5%) of the number of projects co-financed. 

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52 

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3.2. 

Ex ante evaluation 

The  working  paper  of  the  Commission  presenting  the  ex  ante  evaluation  of  the  general 
programme “Fundamental Rights and Justice” shows the appropriateness of the policy option 
chosen to achieve the goals envisaged. 

4. 

LEGAL BASIS AND RATIONALE OF THE POLICY INSTRUMENT 

4.1. 

Legal Basis 

This  specific  programme  of  the  general  programme  “Fundamental  Rights  and  Justice”  is 
based in Article 31 of the Treaty on European Union. 

This Article indicates the contents of the common action on judicial cooperation in criminal 
matters.  

Article  34(2)(c)  of  Treaty  on  European  Union  determines  that  the  Council  may  adopt 
decisions in respect of judicial cooperation in criminal matters. 

The legal basis proposed is appropriate as the programme is targeted at judicial cooperation in 
criminal matters 

4.2. 

Actions defined within the programme 

Different types of actions are envisaged such as: 

•  specific  actions  taken  by  the  Commission,  such  as,  studies  and  research,  creation  and 
implementation of specific projects like the creation of a computerised system of exchange 
of information on criminal records, opinion polls and surveys, the formulation of indicators 
and  common  methodologies,  collection,  development  and  dissemination  of  data  and 
statistics, seminars, conferences and expert meetings, organisation of public campaigns and 
events,  development  and  maintenance  of  websites,  preparation  and  dissemination  of 
information  material,  support  for  and  management  of  networks  of  national  experts, 
analytical, monitoring and evaluation activities;  

•  actions  providing  financial  support  for  specific  projects  of  Community  interest  under  the 

conditions set out in the annual work programmes;  

•  actions providing financial support for the activities of non-governmental organisations or 

other entities under the conditions set our in the annual work programmes;  

•  an  operating  grant  to  the  European  Judicial  Training  Network  which  pursues  an  aim  of 

general European interest in the field of training of the judiciary. 

4.3. 

Subsidiarity and Proportionality 

The  current  proposal  has  been  designed  to  respect  the  principles  of  subsidiarity  and 
proportionality set out in Article 5 of the EC Treaty and its accompanying Protocol. So far as 
subsidiarity is concerned, this programme does not attempt to intervene in the areas that are 
cover by national programmes developed by national authorities in each Member State but to 
focus  on  areas  where  European  added-value  can  be  engendered.  To  this  extent,  the  great 

EN 

53 

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majority  of  the  activities  supported  by  the  programme  can  be  viewed  as  complementary  to 
national  actions  and  as  attempting  to  exploit  as  far  as  possible  the  synergy  from  actions 
implemented at international and regional level.  

So  far  as  proportionality  is  concerned,  the  new  programme  proposal  has  been  designed  to 
incorporate the maximum possible simplification in terms not only of the form of the action – 
the  definitions  of  actions  in  the  legislative  text  are  kept  as  generic  as  possible  –  but  also  in 
terms of the administrative and financial requirements that will apply to their implementation. 
The Commission has sought to find the right balance between flexibility and ease of use on 
the one hand, and clarity of purpose and appropriate financial and procedural safeguards, on 
the other.  

Following the guidelines indicated in the protocol on the application of both principles, it is 
clear  that  the  problems  that  this  programme  sought  to  tackle  have  transnational  aspects  and 
therefore that action at Community level will yield benefits over and above action at Member 
State level. 

4.4. 

Simplification and rationalisation 

The proposed approach will contribute to the key objective of simplifying instruments both in 
legal  and  management  terms  and  of  streamlining  of  the  structure  of  the  budget.  It  will  also 
increase coherence and consistency between instruments and avoid duplication between these. 
Whilst  additional  human  resources  will  be  necessary  to  cope  with  future  enlargements,  a 
better  allocation of  human resources will be achieved by discontinuing  smaller budget lines 
(which  absorb  disproportionate  resources)  and  by  regrouping  existing  programmes  into  a 
single, coherent and streamlined programme. This will result in more proportionality between 
the amount of expenditure and the administrative cost of managing it. 

The proposed rationalisation will also benefit the end-user as it increases the visibility, clarity 
and  coherence  of  the  instruments.  Potential  beneficiaries  will  find  it  easier  to  apply  for 
funding  thanks  to  the  standardised  approach  and  the  harmonisation  of  provisions  for 
implementation.  

The Commission may decide at a later stage to entrust part of the budget implementation to 
agencies  governed  by  Community  law,  referred  to  in  Article  54(2)  (a)  of  the  Financial 
Regulation.  These  agencies  shall  be  designated  by  the  Commission  in  conformity  with  the 
provisions of Articles 55 and 56 of Council Regulation (EC, Euratom) No 1605/2002 and of 
Article 37 of Commission Regulation (EC,  Euratom) No  2342/2002. The Commission shall 
analyse the compliance with the principles of economy, effectiveness and efficiency. Before 
proceeding  to  implement  the  delegation,  the  Commission  shall  ensure,  by  mean  of  a  prior 
assessment that the creation of agencies is in compliance with sound financial management. 

The proposed specific programme follows the path that was determined by the Commission in 
what  concerns  the  political  and  financial  challenges  as  from  2007  on.  The  intention  is  to 
complement,  simplify  and  rationalise  the  existing  instruments  and  to  ensure  the  necessary 
flexibility to face new objectives and to respond in a smooth way to the new legal framework, 
which will be established once the Constitutional Treaty enters into force. 

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54 

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5. 

BUDGETARY IMPLICATIONS 

The  cost  of  the  general  programme  “Fundamental  Rights  and  Justice”  for  the  period  2007–
2013 is EUR 543 million; the present specific programme will be allocated EUR 199 million. 

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55 

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2005/0039 (CNS) 

Proposal for a 

COUNCIL DECISION 

Establishing for the period 2007-2013 the specific programme "Criminal justice"  
as part of the 
General programme "Fundamental Rights and Justice" 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal of the Commission47, 

Having regard to the opinion of the European Parliament48, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Article 29 of the Treaty of the 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 field of judicial 
cooperation in criminal matters. 

According  to  Article  31  of  the  Treaty  of  the  European  Union,  common  action  in 
criminal  matters  shall  include,  in  particular,  cooperation  between  the  competent 
authorities of the Member States. 

Building  on  the  conclusions  of  the  Tampere  European  Council,  The  Hague 
Programme,  adopted  by  the  European  Council  in  November  2004,  reaffirms  the 
priority  in  strengthening  Freedom,  Security  and  Justice  in  the  European  Union,  in 
particular by enhancing judicial cooperation in criminal matters, based on the mutual 
recognition principle. 

The  framework  programme  on  police  and  judicial  cooperation  in  criminal  matters 
(AGIS) established by Council Framework Decision 2002/630/JHA of 22 July 200249 
contributed  considerably  to  strengthening  cooperation  between  police  and  other  law 
enforcement agencies and the judiciary in the Member States and to improving mutual 
understanding  and  mutual  trust  of  their  police,  judicial,  legal  and  administrative 
systems. 

47 
48 
49 

OJ C , , p. . 
OJ C , , p. . 
OJ L 203, 1.8.2002, p. 1. 

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56 

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(5) 

(6) 

(7) 

(8) 

(9) 

The  ambitious  objectives  set  by  the  Treaty  and  The  Hague  Programme  should  be 
realised  through  the  establishment  of  a  flexible  and  effective  programme  that  will 
facilitate planning and implementation. 

The  programme  should  improve  mutual  confidence  within  the  judiciary.  Mutual 
confidence, according to the Hague programme, should be strengthened by developing 
networks  of  judicial  organisation  and  institutions,  by  improving  training  of  judicial 
professions,  by  developing  the  evaluation  of  the  implementation  of  EU  instruments 
including  evaluation  of  the  quality  of  justice,  by  increasing  research  in  the  field  of 
judicial  cooperation,  and  by  facilitating  operational  projects  among  Member  States 
aiming  at  modernising  justice.  It  should  also  facilitate  the  implementation  of  the 
mutual recognition principle by improving mutual knowledge on previous convictions 
passed  in  the  European  Union,  in  particular  through  the  creation  of  a  computerised 
system of exchange of information on criminal records. 

The  European  Judicial  Training  Network  founded  by  institutions  specifically 
responsible  for  the  training  of  the  professional  judiciary  of  all  Member  States 
promotes  a  training  programme  for  judges  and  public  prosecutors  with  a  genuine 
European  dimension.  This  contributes  to  strengthening  the  mutual  confidence  and 
improves mutual understanding among judicial authorities and different legal systems. 

Appropriate measures should also be taken to prevent irregularities and fraud and the 
necessary  steps  should  be  taken  to  recover  funds  lost,  wrongly  paid  or  incorrectly 
used. 

This  Decision  establishes  a  financial  framework  for  the  entire  duration  of  the 
programme, which is to be the principal point of reference for the budgetary authority 
within  the  meaning  of  point  33  of  the  Interinstitutional  Agreement  of  6  May  1999 
between  the  European  Parliament,  the  Council  and  the  Commission  on  budgetary 
discipline and improvement of the budgetary procedure50. 

(10)  Since  the  objectives  of  the  Criminal  Justice  Programme  cannot  be  sufficiently 
achieved by the Member States and can therefore, by reason of the scale or effects of 
the  initiative,  be  better  achieved  at  Community  level,  the  Community  may  adopt 
measures in accordance with the principle of subsidiarity as set out in Article 5 of the 
Treaty. In accordance with the principle of proportionality, as set out in that Article, 
this  Decision  does  not  go  beyond  what  is  necessary  in  order  to  achieve  those 
objectives. 

(11)  Council  Regulation  (EC,  Euratom)  No  1605/2002  of  25  June  2002  on  the  Financial 
Regulation  applicable  to  the  general  budget  of  the  European  Communities51, 
hereinafter “the Financial Regulation”, and Commission Regulation (EC, Euratom) No 
2342/2002 of 23 December 2002 laying down detailed rules for the implementation of 
the 
Council  Regulation 
Community’s financial interests, have to be applied taking into account the principles 
of simplicity and consistency  in  the choice of budgetary instruments, a limitation on 
the  number  of  cases  where  the  Commission  retains  direct  responsibility  for  their 

(EC,  Euratom)  No  1605/200252,  which  safeguard 

50 
51 
52 

OJ C 172, 18.6.1999, p. 1. 
OJ L 248, 16.9.2002, p. 1. 
OJ L 357, 31.12.2002, p. 1. 

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implementation  and  management,  and  the  required  proportionality  between  the 
amount of resources and the administrative burden related to their use. 

(12)  The Financial Regulation requires a basic act to be provided to cover operating grants. 

(13)  The measures required to implement this Decision should be adopted according to the 
procedures  laid  down  in  it,  with  the  assistance  of  an  advisory  committee.  This  is 
appropriate since the programme does not have a significant impact on the budget of 
the European Union. 

(14) 

It  is  appropriate  to  replace  the  framework  programme  on  police  and  judicial 
cooperation in criminal matters (AGIS) by this programme from 1 January 2007 and 
by  the  new  specific  programme  “Prevention  of  and  fight  against  crime”  from  the 
general programme “Security and Safeguarding Liberties”. 

HAS DECIDED AS FOLLOWS:  

Article 1 

Creation of the programme 

1. 

This  Decision  establishes  the  specific  programme  “Criminal  justice”,  hereinafter 
referred  to  as  "the  programme"  as  part  of  the  general  programme  “Fundamental 
Rights  and  Justice”,  in  order  to  contribute  to  the  strengthening  of  the  area  of 
Freedom, Security and Justice. 

2. 

The programme shall cover the period from 1 January 2007 to 31 December 2013. 

Article 2 

General objectives 

1. 

This programme shall have the following general objectives:  

(a)  To promote judicial cooperation with the aim of contributing to the creation of 
a  genuine  European  area  of  justice  in  criminal  matters  based  on  mutual 
recognition and mutual confidence.  

(b)  To promote the adjustment of the existing judicial systems in Member States to 
the  European  Union  being  a  territory  without  border  controls,  with  a  single 
currency, and with free movement of persons, services, goods and capital. 

(c)  To  improve  the  daily  life  of  individuals  and  businesses  by  enabling  them  to 
assert their rights throughout the European Union, notably by fostering access 
to justice. 

(d)  To  improve  the  contacts  and  exchange  of  information  between  legal,  judicial 
and  administrative  authorities  and  the  legal  professions,  and  to  foster  the 
training of the members of the judiciary. 

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2. 

Without  prejudice  to  the  objectives  and  powers  of  the  European  Community,  the 
general  objectives  of  the  programme  contribute  to  the  development  of  community 
policies, and more specifically to the creation of a judicial area. 

Article 3 

Specific objectives 

The programme shall have the following specific objectives:  

(a) 

To foster judicial cooperation in criminal matters aiming at 

• 

• 

• 

• 

promoting  mutual  recognition  of 
judgments; 

judicial  decisions  and 

eliminating  obstacles  created  by  disparities  and  promoting  the 
necessary approximation of legislation; 

guaranteeing  a  proper  administration  of  justice  by  avoiding 
conflicts of jurisdiction; 

promoting  rights  of  defendants  as  well  as  social  and  legal 
assistance to victims. 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

To improve mutual knowledge of Member States’ legal and judicial systems in 
criminal  matters  and 
to  promote  and  strengthen  networking,  mutual 
cooperation,  exchange  and  dissemination  of  information,  experience  and  best 
practices. 

To ensure the sound implementation, the correct and concrete application and 
the  evaluation  of  Union  instruments  in  the  areas  of  judicial  cooperation  in 
criminal matters. 

To improve information on legal systems in the Member States and access to 
justice. 

To  promote  the  training  in  Union  and  Community  law  of  the  judiciary  and 
judicial staff. 

To  evaluate  the  general  conditions  necessary  to  develop  mutual  confidence, 
including the quality of justice. 

To  develop  and  implement  a  European  computerised  system  of  exchange  of 
information on criminal records and to support studies to develop other types 
of exchange of information. 

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Article 4 

Actions 

With a view to pursuing the general and specific objectives set out in Articles 2 and 3, this 
programme will support the following types of actions:  

(a) 

(b) 

(c) 

(d) 

specific  actions  taken  by  the  Commission,  such  as,  studies  and  research, 
creation  and  implementation  of  specific  projects  like  the  creation  of  a 
computerised system of exchange of information on criminal records, opinion 
polls  and  surveys,  formulation  of  indicators  and  common  methodologies, 
collection,  development  and  dissemination  of  data  and  statistics,  seminars, 
conferences  and  experts  meetings,  organisation  of  public  campaigns  and 
events,  development  and  maintenance  of  websites,  preparation  and 
dissemination  of information materials, support to and animation of networks 
of national experts, analytical, monitoring and evaluation activities; or 

specific  transnational  projects  of  Union  interest  presented  by  at  least  three 
Member States under the conditions set out in the annual work programmes; or 

support  to  the  activities  of  non-governmental  organisations  or  other  entities 
pursuing  an  aim  of  general  European  interest  in  accordance  with  the  general 
objectives  of  the  programme  under  the  conditions  set  out  in  the  annual  work 
programmes; 

an  operating  grant  to  co-finance  expenditure  associated  with  the  permanent 
work programme of the European Judicial Training Network which pursues an 
aim of general European interest in the field of training of the judiciary. 

Article 5 

Target Groups 

The  programme  is  destined  for  inter  alia,  legal  practitioners,  representatives  of  victims 
assistance services, the national authorities and the citizens of the Union in general. 

Article 6 

Access to the programme 

1. 

Access  to  this  programme  shall  be  open  to  institutions  and  public  or  private 
organisations,  including  professional  organisations,  universities,  research  institutes 
and legal and judicial training/further training institutes for legal practitioners, non-
governmental organisations of the Member States. 

“Legal  practitioners”  means,  inter  alia,  judges,  prosecutors,  advocates,  solicitors, 
ministry  officials,  court  officers,  bailiffs,  court  interpreters  and  other  professionals 
associated with the judiciary in the area of criminal law.  

EN 

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2. 

Projects may not be presented by third countries or by international organisations but 
they may participate as partners. 

Article 7 

Types of intervention 

1. 

Community funding may take the following legal forms:  

–  grants,  

–  public procurement contracts. 

2. 

3. 

1. 

2. 

3. 

4. 

Community grants shall normally be awarded further to calls for proposals, save in 
duly  substantiated  exceptional  cases  of  urgency  or  where  the  characteristics  of  the 
beneficiary leave no other choice for a given action, and shall be provided through 
operating  grants  and  grants  to  actions.  The  maximum  rate  of  co-financing  will  be 
specified in the annual work programmes.  

Furthermore,  expenditure  is  foreseen  for  accompanying  measures,  through  public 
procurement  contracts,  in  which  case  Community  funds  will  cover  the  purchase  of 
services  and  goods.  This  will  cover,  inter  alia,  expenditure  on  information  and 
communication,  preparation,  implementation,  monitoring,  checking  and  evaluation 
of projects, policies, programmes and legislation. 

Article 8 

Implementing measures 

The Commission shall implement the Community Assistance in accordance with the 
Financial Regulation applicable to the general budget of the European Communities. 

To implement the programme, the Commission shall, within the limits of the general 
objectives  set  out  in  Article  2,  adopt  an  annual  work  programme  specifying  its 
specific  objectives,  thematic  priorities,  a  description  of  accompanying  measures 
envisaged in Article 8 and if necessary a list of other actions. 

The  annual  work  programme  will  be  adopted  in  accordance  with  the  procedure  set 
out in Article 10. 

The  evaluation  and  award  procedures  relating  to  grants  to  actions  shall  take  into 
account, inter alia, the following criteria:  

(a) 

conformity  with  the  annual  work  programme,  the  general  objectives  as 
specified in Article 2 and measures taken in the different domains as specified 
in Articles 3 and 4; 

(b)  quality  of  the  proposed  action  regarding  its  conception,  organisation, 

presentation and expected results ; 

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(c) 

(d) 

amount  requested  for  community  financing  and  its  appropriateness  as  to 
expected results; 

impact  of  the  expected  results  on  the  general  objectives  defined  in  Article  2 
and on measures taken in the different domains as specified in Articles 3 and 4. 

5. 

The  applications  for  operating  grants,  referred  to  in  Article  4(3)  and  (4),  shall  be 
assessed in the light of: 

–  consistency with the programme objectives; 

–  quality of the planned activities; 

–  likely multiplier effect on the public of these activities; 

–  geographic impact of the activities carried out; 

–  citizen involvement in the organisation of the bodies concerned; 

–  cost/benefit ratio of the activity proposed. 

Pursuant  to  Article  113(2)  of  the  Financial  Regulation,  the  principle  of  gradual 
reduction  shall  not  apply  to  the  operating  grant  given  to  the  European  Judicial 
Training Network since it pursues an objective of general European interest. 

Article 9 

Committee 

The  Commission  shall  be  assisted  by  a  committee,  composed  of  representatives  of 
the Member States and chaired by the representative of the Commission, hereinafter 
referred to as the “Committee”. 

6. 

1. 

2. 

The committee shall adopt its Rules of Procedure. 

Article 10 

Advisory procedure 

1. 

2. 

3. 

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. 

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  opinion  delivered  by  the 
Committee.  It  shall  inform  the  Committee  of  the  manner  in  which  the  opinion  has 
been taken into account 

EN 

62 

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1. 

2. 

3. 

Article 11 

Complementarity 

Synergies  and  complementarity  with  other  Community  instruments  will  be  sought, 
particularly  the  civil  justice  specific  programme  of  the  general  programme 
“Fundamental  rights  and  Justice”,  and  the  general  programmes  “Security  and 
Safeguarding Liberties” and “Solidarity and Management of Migration Flows”. The 
statistical  element  of  information  on  criminal  justice  will  be  developed  in 
collaboration  with  Member  States,  using  as  necessary  the  Community  Statistical 
Programme. 

The  programme  may  share  resources  with  other  Community  instruments,  in 
particular 
the  general  programme 
“Fundamental  rights  and  Justice”  in  order  to  implement  actions  meeting  the 
objectives of both programmes. 

justice  specific  programme  of 

the  civil 

Operations  financed  under  this  Decision  shall  not  receive  assistance  for  the  same 
purpose  from  other  Community  financial  instruments.  The  beneficiaries  of  this 
Decision  shall  provide  the  Commission  with  information  about  funding  received 
from  the  Community  budget  and  from  other  sources,  as  well  as  information  about 
ongoing applications for funding. 

Article 12 

Budgetary Resources 

The  budgetary  resources  allocated  to  the  actions  provided  for  in  this  programme  shall  be 
entered  in  the  annual  appropriations  of  the  general  budget  of  the  European  Union.  The 
available  annual  appropriations  shall  be  authorised  by  the  budgetary  authority  within  the 
limits of the financial perspectives. 

Article 13 

Monitoring 

1. 

2. 

For  any  action  financed  by  the  programme,  the  beneficiary  shall  submit,  technical 
and financial reports on the progress of work. A final report shall also be submitted 
within  three  months  of  the  completion  of  the  action.  The  Commission  shall 
determine the form and content of the reports.  

Without prejudice to the audits carried out by the Court of Auditors in liaison with 
the  competent  national  audit  bodies  or  departments  pursuant  to  Article  248  of  the 
Treaty,  or  any  inspection  carried  out  pursuant  to  Article  279(c)  of  the  Treaty, 
officials  and  other  staff  of  the  Commission  may  carry  out  on-the-spot  checks, 
including sample checks, on actions financed under the programme. 

EN 

63 

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3. 

4. 

5. 

6. 

1. 

2. 

3. 

4. 

Contracts and agreements resulting from this Decision shall provide in particular for 
supervision  and  financial  control  by  the  Commission  (or  any  representative 
authorized by it), if necessary on-the-spot, and audits by the Court of Auditors. 

For  a  period  of  five  years  following  the  last  payment  in  respect  of  any  action,  the 
beneficiary  of  financial  assistance  shall  keep  available  for  the  Commission  all  the 
supporting documents regarding expenditure on the action. 

On the basis of the results of the reports and sample checks referred to in paragraphs 
1  and  2,  the  Commission  shall,  if  necessary,  adjust  the  scale  or  the  conditions  of 
allocation  of  the  financial  assistance  originally  approved  and  also  the  timetable  for 
payments. 

The  Commission  shall  take  every  other  step  necessary  to  verify  that  the  actions 
financed  are  carried  out  properly  and  in  compliance  with  the  provisions  of  this 
Decision and the Financial Regulation. 

Article 14 

Protection of Community financial interests 

The Commission shall ensure that, when actions financed under the present Decision 
are  implemented,  the  financial  interests  of  the  Community  are  protected  by  the 
application  of  preventive  measures  against  fraud,  corruption  and  any  other  illegal 
activities, by effective checks and by the recovery of the amounts unduly paid and, if 
irregularities  are  detected,  by  effective,  proportional  and  dissuasive  penalties,  in 
accordance with Council Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) 
No  2185/96,  and  with  Regulation  (EC)  No  1073/1999  of  the  European  Parliament 
and of the Council. 

For  the  Community  actions  financed  under  this  programme,  Regulation  (EC, 
Euratom) No 2988/95 and Regulation (Euratom, EC) No 2185/96 shall apply to any 
infringement  of  a  provision  of  Community  law,  including  infringements  of  a 
contractual obligation stipulated on the basis of the programme, resulting from an act 
or  omission  by  an  economic  operator,  which  has,  or  would  have,  the  effect  of 
prejudicing the general budget of the European Communities or budgets managed by 
them, by an unjustified item of expenditure. 

The Commission shall reduce, suspend or recover the amount of financial assistance 
granted  for  an  action  if  it  finds  irregularities,  including  non-compliance  with  the 
provisions  of  this  Decision  or  the  individual  decision  or  the  contract  or  agreement 
granting the financial support in question, or if it transpires that, without Commission 
approval  having  being  sought,  the  action  has  been  subjected  to  a  change  which 
conflicts with the nature or implementing conditions of the project. 

If  the  time  limits  have  not  been  observed  or  if  only  part  of  the  allocated  financial 
assistance  is  justified  by  the  progress  made  with  implementing  an  action,  the 
Commission  shall  request  the  beneficiary  to  submit  observations  within  a  specified 
period. If the beneficiary does not give a satisfactory answer, the Commission may 

EN 

64 

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5. 

1. 

2. 

3. 

cancel  the  remaining  financial  assistance  and  demand  repayment  of  sums  already 
paid.  

Any undue payment shall be repaid to the Commission. Interest shall be added to any 
sums  not  repaid  in  good  time  under  the  conditions  laid  down  by  the  Financial 
Regulation.  

Article 15 

Evaluation 

The programme will be monitored regularly in order to follow the implementation of 
activities carried out under this programme. 

The  Commission  shall  ensure  the  regular,  independent,  external  evaluation  of  the 
programme 

The Commission shall submit to the European Parliament and the Council: 

(a) 

an  interim  evaluation  report  on  the  results  obtained  and  the  qualitative  and 
quantitative aspects of the implementation of this programme no later than 31 
March 2011; 

(b) 

a  Communication  on  the  continuation  of  this  programme  no  later  than  30 
August 2012; 

(c) 

an ex post evaluation report no later than 31 December 2014. 

Article 16 

Transitory measures 

This Decision shall, from 1 January 2007, replace the corresponding provisions of the Council 
Decision of 22 July establishing a framework programme on police and judicial cooperation 
in criminal matters (AGIS). 

Actions  started  before  31  December  2006  pursuant  to  that  Decision  shall  continue  to  be 
governed, until their completion, by that Decision. The committee  provided for  in  Article 7 
thereof shall be replaced by the one provided for in Article 10 of the present Decision. 

EN 

65 

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Article 17 

Entry into force 

This Decision shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. It shall apply from 1 January 2007. 

Done at Brussels,  

For the Council 
The President 

EN 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT 

The preparation of the financial perspectives for 2007-2013 has been guided from the outset 
by a policy-led approach, in order to ensure consistency between political objectives and the 
amounts  allocated  to  pursue  them.  In  this  context,  the  establishment  of  an  area  of  freedom, 
security and justice is considered to be one of the main priorities of the European Union for 
the  years  to  come,  to  be  supported  through  substantially  increased  financial  means.  In  its 
Communications « Building our common Future - Policy challenges and Budgetary means of 
the  Enlarged  Union  2007-2013»53  and  « Financial  Perspectives  2007–2013 »54,  the 
Commission also underlined the importance of using the revision of the legal instruments for 
the  next  financial  perspectives  to  create  a  significant  movement  towards  greater  simplicity. 
Structuring  its  proposals  around  three  general  and  policy-led  programmes  (“Solidarity  and 
management  of  migration  flows”,  “Fundamental  Rights  and  Justice”,  “Security  and 
safeguarding freedoms”), the Commission sets out a clear framework for the development of 
financial  interventions  of  the  Community  in  support  of  the  three  objectives  of  Justice, 
Freedom and Security. 

2. 

JUSTIFICATION OF THE ACTION 

2.1. 

Analysis of the problem 

The  internal  market  is  a  reality,  and  it  has  resulted  in  increased  exchanges  between  the 
Member  States  of  the  Union.  It  has  given  rise  to  an  increase  in  the  frequency  with  which 
European citizens move to or perform economic activities and buy goods and services in other 
Member States sometimes through the use of modern technologies. Furthermore, personal and 
family  situations  with  a  cross-border  dimension  (eg  marriages  between  people  of  different 
nationality, people owning houses in another Member State) are also more frequent. Action is 
needed  to  ensure  that  litigants  can  have  easy  access  to  effective  justice  in  such  cases. 
Problems that are likely to increasingly arise in the future, such as issues relating to the status 
of unmarried couples, claims to property on the break-up of marriages or other relationships 
an  well  as  in  other  circumstances,  personal  status  (names),  or  adoption,  also  need  to  be 
covered. Indeed, individuals and the business sector should not be prevented or discouraged 
from exercising their rights by the incompatibility or complexity of legal and administrative 
systems in the Member States. 

2.2. 

The way forward 

The  promotion  and  the  protection  of  fundamental  rights  require  the  establishment  of  a 
genuine European area of justice. The creation of such an area enables judicial authorities to 
co-operate effectively, and ensures that citizens have a better access to justice and are neither 
prevented nor discouraged from exercising their rights by incompatibilities and complexities 
in legal systems. It also enables the principle of mutual recognition of judicial decisions to be 
established, and the good functioning of the judiciary to be continuously improved. 

53 
54 

COM(2004) 101, 10.2.2004. 
COM(2004) 487, 14.7.2004. 

EN 

67 

   EN 

 
                                                 
The challenge for the Union will be to respond to the expectations of the citizens that there 
should be effective solutions to their practical problems. This will imply in particular:  

–  as  the  acquis  grows,  increased  efforts  to  monitor  its  application  by  the  Member  States, 
including through such modern means such as the establishment of databases of case law; 

–  further legislative action in particular to improve the ease of access to and the efficiency of 

justice; 

–  strengthening  of  mechanisms  for  providing  information  to  the  public  and  promoting 
training  and  exchanges  of  practitioners  on  the  implications  of  the  instruments  for 
cooperation in this area; 

–  further  measures  to  promote  understanding  and  use  of  common  tools  and  procedures 

among practitioners. 

2.3. 

Objectives of the programme and related indicators 

•  Definition of general, specific and operational objectives 

promote 

judicial 
To 
cooperation with the aim 
of  contributing  to  the 
creation  of  a  genuine 
European  area  of  justice 
in civil matters based on 
mutual  recognition  and 
mutual confidence.  

.  

judicial 

systems 

To promote the adaptation of the 
existing 
in 
Member  States  to  the  European 
Union  being  a  territory  without 
border  controls,  with  a  single 
currency,  with  free  movement  of 
persons,  services,  goods  and 
capital. 

improve 

mutual 
To 
knowledge of Member States’ 
legal  and  judicial  systems  in 
civil  matters  and  to  promote 
and  strengthen  networking, 
mutual cooperation, exchange 
and 
of 
dissemination 
information,  experience  and 
best practices. 

the 

ensure 

To 
sound 
implementation,  the  correct 
and  concrete  application  and 
the  evaluation  of  Community 
instruments  in  the  areas  of 
judicial  cooperation  in  civil 
and commercial matters. 

To  improve  the  daily  life  of 
individuals  and  businesses  by 
enabling 
their 
rights  throughout  the  European 
fostering 
Union,  notably  by 
access to justice. 

to  assert 

them 

legal  systems 

To  improve  information  on 
the 
the 
Member  States  and  access  to 
justice. 

in 

EN 

68 

   EN 

 
To improve the contacts between 
legal,  judicial  and  administrative 
authorities 
legal 
and 
professions,  and  to  foster  the 
training  of  the  members  of  the 
judiciary. 

the 

To promote the training of the 
judiciary  and  judicial  staff  in 
Community matters. 

evaluate 

necessary 

the  general 
To 
conditions 
to 
develop  mutual  confidence, 
including 
the  quality  of 
justice. 

in 

To  support  the  operational 
work of the European judicial 
network 
and 
commercial  matters  created 
by 
Decision 
2001/470/CE  of  28  May 
2001. 

Council 

civil 

All the objectives are consistent with the overall aim of the general programme “Fundamental 
Rights and Justice” to support the development of an area of freedom, security and justice. 

•  Complementarity/coherence with other instruments 

When  preparing  the  programme,  particular  attention  was  given  to  ensuring  coherence  with 
other  programmes  financing  activities  in  the  same  policy  areas  and  to  looking  for 
complementarity and synergy with these. 

This  programme  is  complemented  by  the  other  specific  programmes  under  the  general 
programme “Fundamental Rights and Justice” in particular the specific programme “Criminal 
Justice”  on  judicial  cooperation  in  criminal  matters.  The  “Criminal  Justice”  programme 
follows, as much as possible, the objectives and the structure of the present programme and 
aims  at  ensuring  that  the  right  to  move  freely  within  the  Union  is  not  prevented  or 
discouraged by the complexity of the legal and administrative systems of the Member States. 

Complementarity  is  also  to  be  ensured  with  the  general  programmes  “Security  and 
Safeguarding  Liberties”  and  “Solidarity  and  Management  of  Migration  Flows”  to  achieve 
synergy in particular in the area related to the asylum and third country national integration 
legal systems. 

3. 

EVALUATION 

3.1. 

Lessons drawn from intermediate/final evaluations 

The  Commission  adopted  a  mid-term  report55  on  the  general  Community  framework  of 
activities to facilitate the implementation of judicial cooperation in civil matters. The report 
admits  that  two  years  of  implementation  of  the  programme  are  not  enough  to  make  an  in-
depth analysis of it; even so, it enables a first set of conclusions to be reached. 

55 

COM(2005) 34, 9.2.2005. 

EN 

69 

   EN 

 
 
                                                 
It is recognised that the actions developed by the Commission – the European Judicial Atlas 
in Civil Matters, the database in case law under Brussels I and Brussels II regulations and an 
information campaign to inform legal practitioners about judicial cooperation in civil matters 
within the European Union – were very well received and that they should be continued. 

The  European  Judicial  Network  in  civil  and  commercial  matters,  established  to  improve, 
simplify  and  expedite  effective  judicial  cooperation  between  Member  States  in  civil  and 
commercial  matters  is  also  an  important  Commission  activity  and  its  importance  is  clearly 
recognised. 

On  the  other  hand,  some  problems  were  detected  as  regards  the  projects  presented  and 
implemented  by  civil  society.  The  fact  that  the  budget  available  was  limited  prevented  the 
presentation of sizeable projects in specific areas such as the training and exchange of judges. 
The dissemination of the results needs also to be further improved. 

Civil  society  should  be  encouraged  to  participate  more  in  Commission  activities  in  specific 
areas mainly as regards information to citizens and enterprises. 

Finally, it is important to focus on the multiplier effects of the actions by identifying the target 
groups carefully. 

3.2. 

Ex ante evaluation 

The  working  paper  of  the  Commission  presenting  the  ex  ante  evaluation  of  the  general 
programme “Fundamental Rights and Justice” shows the appropriateness of the policy option 
chosen to achieve the goals envisaged. 

4. 

LEGAL BASIS AND RATIONALE OF THE POLICY INSTRUMENT 

4.1. 

Legal Basis 

This  specific  programme  of  the  general  programme  “Fundamental  Rights  and  Justice”  is 
based in Article 61(c) of the Treaty establishing the European Community. 

This  Article  states  that  in  order  to  establish  progressively  an  area  of  freedom,  security  and 
justice,  the  Council  shall  adopt  measures  in  respect  of  judicial  cooperation  in  civil  matters; 
Article 67(1) of the Treaty establishing the European Community determines the procedure to 
be used when adopting such measures. 

The legal basis proposed is appropriate as the programme is targeted at judicial cooperation in 
civil matters 

4.2. 

Actions defined within the programme 

Different types of action are envisaged such as: 

•  specific actions taken by the Commission, such as, studies and research, opinion polls and 
surveys,  formulation  of  indicators  and  common  methodologies,  collection,  development 
and  dissemination  of  data  and  statistics,  seminars,  conferences  and  expert  meetings, 
organisation  of  public  campaigns  and  events,  development  and  maintenance  of  websites, 

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preparation  and  dissemination  of  information  material,  support  for  and  management  of 
networks of national experts, analytical, monitoring and evaluation activities;  

•  actions  providing  financial  support  for  specific  projects  of Community  interest  under  the 

conditions set out in the annual work programmes;  

•  actions providing financial support for the activities of non-governmental organisations or 

other entities under the conditions set our in the annual work programmes.  

4.3. 

Subsidiarity and Proportionality 

The  current  proposal  has  been  designed  to  respect  the  principles  of  subsidiarity  and 
proportionality set out in Article 5 of the EC Treaty and its accompanying Protocol. So far as 
subsidiarity is concerned, this programme does not attempt to intervene in the areas that are 
cover by national programmes developed by national authorities in each Member State but to 
focus  on  areas  where  European  added-value  can  be  engendered.  To  this  extent,  the  great 
majority  of  the  activities  supported  by  the  programme  can  be  viewed  as  complementary  to 
national  actions  and  as  attempting  to  exploit  as  far  as  possible  the  synergy  from  actions 
implemented at international and regional level.  

So  far  as  proportionality  is  concerned,  the  new  programme  proposal  has  been  designed  to 
incorporate the maximum possible simplification in terms not only of the form of the action – 
the  definitions  of  actions  in  the  legislative  text  are  kept  as  generic  as  possible  –  but  also  in 
terms of the administrative and financial requirements that will apply to their implementation. 
The Commission has sought to find the right balance between flexibility and ease of use on 
the one hand, and clarity of purpose and appropriate financial and procedural safeguards, on 
the other.  

Following the guidelines indicated in the protocol on the application of both principles, it is 
clear  that  the  problems  that  this  programme  sought  to  tackle  have  transnational  aspects  and 
therefore that action at Community level will yield benefits over and above action at Member 
State level. 

4.4. 

Simplification and rationalisation 

The proposed approach will contribute to the key objective of simplifying instruments both in 
legal  and  management  terms  and  of  streamlining  of  the  structure  of  the  budget.  It  will  also 
increase coherence and consistency between instruments and avoid duplication between these. 
One  example  is  the  inclusion  within  the  programme  of  previously  separate  actions  for 
promoting  training  of  judges  in  the  specific  field  of  European  competition  law.  Whilst 
additional  human  resources  will  be  necessary  to  cope  with  future  enlargements,  a  better 
allocation of human resources will be achieved by discontinuing smaller budget lines (which 
absorb  disproportionate  resources)  and  by  regrouping  existing  programmes  into  a  single, 
coherent  and  streamlined  programme.  This  will  result  in  more  proportionality  between  the 
amount of expenditure and the administrative cost of managing it. 

The proposed rationalisation will also benefit the end-user as it increases the visibility, clarity 
and  coherence  of  the  instruments.  Potential  beneficiaries  will  find  it  easier  to  apply  for 
funding  thanks  to  the  standardised  approach  and  the  harmonisation  of  provisions  for 
implementation.  

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The  Commission  may  decide  to  entrust  part  of  the  budget  implementation  to  agencies 
governed  by  Community  law,  referred  to  in  Article  54(2)  (a)  of  the  Financial  Regulation. 
These agencies shall be designated by the Commission in conformity with the provisions of 
Articles 55 and 56 of Council Regulation (EC, Euratom) No 1605/2002 and of Article 37 of 
Commission  Regulation  (EC,  Euratom)  No  2342/2002.  The  Commission  shall  analyse  the 
compliance with the principles of economy, effectiveness and efficiency. Before proceeding 
to implement the delegation, the Commission shall ensure, by mean of a prior assessment that 
the creation of agencies is in compliance with sound financial management. 

The  proposed  new  instrument  follows  the  path  that  was  determined  by  the  Commission  in 
what  concerns  the  political  and  financial  challenges  as  from  2007  on.  The  intention  is  to 
complement,  simplify  and  rationalise  the  existing  instruments  and  to  ensure  the  necessary 
flexibility to face new objectives and to respond in a smooth way to the new legal framework, 
which will be established once the Constitutional Treaty enters into force. 

5. 

BUDGETARY IMPLICATIONS 

The  cost  of  the  general  programme  “Fundamental  rights  and  Justice”  for  the  period  2007  – 
2013  is  EUR  543  million;  the  present  specific  programme  will  be  allocated  EUR  109.3 
million. 

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2005/0040 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Establishing for the period 2007-2013 the specific programme “Civil justice”  
as part of the 
General programme “Fundamental Rights and Justice” 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 61(c) and Article 67(2) thereof, 

Having regard to the proposal from the Commission56, 

Having regard to the opinion of the European Economic and Social Committee57, 

Having regard to the opinion of the Committee of the Regions58, 

Whereas:  

(1) 

(2) 

(3) 

(4) 

56 
57 
58 
59 
60 
61 

The European  Community  has set  itself  the objective of maintaining  and developing 
an  area  of  freedom,  security  and  justice,  in  which  the  free  movement  of  persons  is 
assured. To that end, the Community must adopt, among others, measures in the field 
of  judicial  cooperation  in  civil  matters  necessary  for  the  proper  functioning  of  the 
internal market. 

Following previous programmes, such as Grotius59 and the Robert Schuman60 project, 
Council  Regulation  (EC)  No  743/200261  established,  for  the  period  2002  to  2006,  a 
general Community framework of activities to facilitate the implementation of judicial 
cooperation in civil matters. 

The European Council meeting in Brussels on 4 and 5 November 2004 adopted The 
Hague  Programme  “Strengthening  freedom,  security  and  justice  in  the  European 
Union”. 

The  ambitious  objectives  set  by  the  Treaty  and  The  Hague  Programme  should  be 
realised  through  the  establishment  of  a  flexible  and  effective  programme  that  will 
facilitate planning and implementation. 

OJ C , , p.  
OJ C , , p.  
OJ C , , p.  
OJ L 287, 8.11.1996, p. 3. 
OJ L 196, 14.7.1998, p. 24. 
OJ L 115, 1.5.2002, p. 1. 

EN 

73 

   EN 

 
                                                 
(5) 

(6) 

(7) 

(8) 

(9) 

The Civil Justice Programme should provide for initiatives taken by the Commission, 
in compliance with the principle of subsidiarity, for actions in support of organisations 
promoting  and  facilitating  judicial  cooperation  in  civil  matters,  and  for  actions  in 
support of specific projects. 

A general Civil Justice Programme to improve mutual understanding of the legal and 
judicial  systems  of  the  Member  States  will  contribute  to  lowering  the  barriers  to 
judicial cooperation in civil matters, which will improve the functioning of the internal 
market. 

Denmark,  in  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of 
Denmark  annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  the 
European  Community,  is  not  participating  in  the  adoption  of  this  Decision,  which  is 
not binding on Denmark nor applicable to it, 

Appropriate measures should also be taken to prevent irregularities and fraud and the 
necessary  steps  should  be  taken  to  recover  funds  lost,  wrongly  paid  or  incorrectly 
used. 

This  Decision  establishes  a  financial  framework  for  the  entire  duration  of  the 
programme, which is to be the principal point of reference for the budgetary authority 
within  the  meaning  of  point  33  of  the  Interinstitutional  Agreement  of  6  May  1999 
between  the  European  Parliament,  the  Council  and  the  Commission  on  budgetary 
discipline and improvement of the budgetary procedure62. 

(10)  Since the objectives of the Civil Justice Programme cannot be sufficiently achieved by 
the Member States and can therefore, by reason of the scale or effects of the initiative, 
be  better  achieved  at  Community  level,  the  Community  may  adopt  measures  in 
accordance  with  the principle of subsidiarity as set out in Article 5 of  the Treaty. In 
accordance  with  the  principle  of  proportionality,  as  set  out  in  that  Article,  this 
Decision does not go beyond what is necessary in order to achieve those objectives. 

(11)  Council  Regulation  (EC,  Euratom)  No  1605/2002  of  25  June  2002  on  the  Financial 
Regulation  applicable  to  the  general  budget  of  the  European  Communities63 
hereinafter “the Financial Regulation”, and Commission Regulation (EC, Euratom) No 
2342/2002 of 23 December 2002 laying down detailed rules for the implementation of 
Council  Regulation 
the 
Community’s financial interests, have to be applied taking into account the principles 
of simplicity and consistency  in  the choice of budgetary instruments, a limitation on 
the  number  of  cases  where  the  Commission  retains  direct  responsibility  for  their 
implementation  and  management,  and  the  required  proportionality  between  the 
amount of resources and the administrative burden related to their use. 

(EC,  Euratom)  No  1605/200264,  which  safeguard 

(12)  The Financial Regulation requires a basic act to be provided to cover operating grants. 

62 
63 
64 

OJ C 172, 18.6.1999, p. 1. 
OJ L 248, 16.9.2002, p. 1. 
OJ L 357, 31.12.2002, p. 1. 

EN 

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(13) 

In accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures  for  the  exercise  of  implementing  powers  conferred  on  the  Commission65 
measures  for  the  implementation  of  this  Decision  should  be  adopted  by  use  of  the 
advisory procedure provided for in Article 3 of that Decision. This is appropriate since 
the programme does not have a significant impact on the Community budget. 

HAVE DECIDED AS FOLLOWS: 

Article 1 

Creation of the programme 

1. 

This Decision establishes the specific programme “Civil Justice”, hereinafter referred 
to  as  “the  programme”  as  part  of  the general programme “Fundamental  Rights and 
Justice”, in order to contribute to the strengthening of the area of Freedom, Security 
and Justice. 

2. 

The programme shall cover the period from 1 January 2007 to 31 December 2013. 

Article 2 

General objectives 

1. 

This programme shall have the following general objectives: 

(a)  To promote judicial cooperation with the aim of contributing to the creation of 
a genuine European area of justice in civil matters based on mutual recognition 
and mutual confidence. 

(b)  To promote the adjustment of the existing judicial systems in Member States to 
the  European  Union  being  a  territory  without  border  controls,  with  a  single 
currency, and with free movement of persons, services, goods and capital. 

(c)  To  improve  the  daily  life  of  individuals  and  businesses  by  enabling  them  to 
assert their rights throughout the European Union, notably by fostering access 
to justice. 

(d)  To improve the contacts between legal, judicial and administrative authorities 
and  the  legal  professions,  and  to  foster  the  training  of  the  members  of  the 
judiciary. 

2. 

Without  prejudice  to  the  objectives  and  powers  of  the  European  Community,  the 
general objectives of the programme contribute to the development of the community 
policies, and more specifically to the creation of a judicial area. 

65 

OJ L 184, 17.7.1999, p. 23. 

EN 

75 

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Article 3 

Specific objectives 

The programme shall have the following specific objectives: 

(a) 

To foster judicial cooperation in civil matters aiming at: 

• 

• 

• 

• 

ensuring legal certainty and improving access to justice; 

promoting  mutual  recognition  of 
judgments; 

judicial  decisions  and 

eliminating obstacles created by disparities in civil law and civil 
procedures  and  promoting  the  necessary  approximation  of 
legislation; 

guaranteeing  a  proper  administration  of  justice  by  avoiding 
conflicts of jurisdiction. 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

To improve mutual knowledge of Member States’ legal and judicial systems in 
civil  matters  and  to  promote  and  strengthen  networking,  mutual  cooperation, 
exchange and dissemination of information, experience and best practices. 

To ensure the sound implementation, the correct and concrete application and 
the evaluation of Community instruments in the areas of judicial cooperation in 
civil and commercial matters. 

To improve information on the legal systems in the Member States and access 
to justice. 

To  promote  the  training  in  Union  and  Community  law  of  the  judiciary  and 
judicial staff. 

To  evaluate  the  general  conditions  necessary  to  develop  mutual  confidence, 
including the quality of justice. 

To  allow  the  operation  of  the  European  judicial  network  in  civil  and 
commercial matters created by Council Decision No 2001/470/CE of 28 May 
2001,  establishing  a  European  Judicial  Network  in  civil  and  commercial 
matters66. 

66 

OJ L 174, 27.6.2001, p. 25. 

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Article 4 

Actions 

With a view to pursuing the general and specific objectives set out in Articles 2 and 3, this 
programme will support the following types of actions: 

(a) 

(b) 

(c) 

formulation  of 

specific  actions  taken  by  the  Commission,  such  as,  studies  and  research, 
opinion  polls  and  surveys, 
indicators  and  common 
methodologies,  collection,  development  and  dissemination  of  data  and 
statistics,  seminars,  conferences  and  expert  meetings,  organisation  of  public 
campaigns and events, development and maintenance of websites, preparation 
and  dissemination  of  information  material,  support  for  and  management  of 
networks  of  national  experts,  analytical,  monitoring  and  evaluation  activities; 
or 

specific transnational projects of Community interest presented by at least three 
Member States under the conditions set out in the annual work programmes; or 

support  to  the  activities  of  non-governmental  organisations  or  other  entities 
pursuing  an  aim  of  general  European  interest  in  accordance  with  the  general 
objectives  of  the  programme  under  the  conditions  set  out  in  the  annual  work 
programmes. 

Article 5 

Participation 

The following countries, hereinafter referred to as «participating countries» may participate in 
the actions of the programme: 

(a) 

the  candidate  countries  associated  to  the  EU,  as  well  as  the  western  Balkan 
countries  included  in  the  stabilisation  and  association  process  in  accordance 
with the conditions laid down in the association agreements or their additional 
protocols relating to participation in Community programmes concluded or to 
be concluded with those countries; 

(b)  projects  may  associate  practitioners  from  Denmark,  from  the  candidate 
countries  not  participating  in  this  programme  where  this  would  contribute  to 
their preparation for accession, or from other third countries not participating in 
this programme where this serves the aim of the projects. 

Article 6 

Target Groups 

The  programme  is  targeted  at  inter  alia,  legal  practitioners,  the  national  authorities  and  the 
citizens of the Union in general. 

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Article 7 

Access to the programme 

Access  to  this  programme  shall  be  open  to  institutions  and  public  or  private  organisations, 
including  professional  organisations,  universities,  research  institutes  and  legal  and  judicial 
training  institutes  for  legal  practitioners,  non-governmental  organisations  of  the  Member 
States. 

“Legal  practitioners”  means,  inter  alia,  judges,  prosecutors,  advocates,  solicitors,  academic 
and scientific personnel, ministry officials, court officers, bailiffs, court interpreters and other 
professionals associated with the judiciary in the area of civil law. 

Article 8 

Types of intervention 

1. 

Community funding may take the following legal forms: 

–  grants,  

–  public procurement contracts. 

2. 

3. 

1. 

2. 

3. 

Community  grants  shall  be  awarded  further  to  calls  for  proposals,  save  in  duly 
substantiated  exceptional  cases  of  urgency  or  where  the  characteristics  of  the 
beneficiary leave no other choice for a given action, and shall be provided through 
operating  grants  and  grants  to  actions.  The  maximum  rate  of  co-financing  will  be 
specified in the annual work programmes.  

Furthermore,  expenditure  is  foreseen  for  accompanying  measures,  through  public 
procurement  contracts,  in  which  case  Community  funds  will  cover  the  purchase  of 
services  and  goods.  This  will  cover,  inter  alia,  expenditure  on  information  and 
communication,  preparation,  implementation,  monitoring,  checking  and  evaluation 
of projects, policies, programmes and legislation. 

Article 9 

Implementing measures 

The Commission shall implement the Community Assistance in accordance with the 
Financial Regulation applicable to the general budget of the European Communities. 

To implement the programme, the Commission shall, within the limits of the general 
objectives  set  out  in  Article  2,  adopt  an  annual  work  programme  specifying  its 
specific  objectives,  thematic  priorities,  a  description  of  accompanying  measures 
envisaged in Article 8 and if necessary a list of other actions. 

The  annual  work  programme  will  be  adopted  in  accordance  with  the  procedure  set 
out in Article 10(2). 

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4. 

The  evaluation  and  award  procedures  relating  to  grants  to  actions  shall  take  into 
account, inter alia, the following criteria: 

(a) 

conformity  with  the  annual  work  programme,  the  general  objectives  as 
specified in article 2 and measures taken in the different domains as specified 
in Articles 3 and 4; 

(b)  quality  of  the  proposed  action  regarding  its  conception,  organisation, 

presentation and expected results ; 

(c) 

(d) 

amount  requested  for  community  financing  and  its  appropriateness  as  to 
expected results; 

impact  of  the  expected  results  on  the  general  objectives  defined  in  Article  2 
and on measures taken in the different domains as specified in Articles 3 and 4. 

5. 

The applications for operating grants, referred to in Article 4(3), shall be assessed in 
the light of: 

–  consistency with the programme objectives; 

–  quality of the planned activities; 

–  likely multiplier effect on the public of these activities; 

–  geographic impact of the activities carried out; 

–  citizen involvement in the organisation of the bodies concerned; 

–  cost/benefit ratio of the activity proposed. 

Article 10 

Committee 

The  Commission  shall  be  assisted  by  a  committee,  composed  of  representatives  of 
the Member States and chaired by the representative of the Commission, hereinafter 
referred to as the “Committee”. 

reference 

Where 
this  paragraph,  Articles  3  and  7  of 
Decision 1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8 
thereof. 

is  made 

to 

1. 

2. 

3. 

The committee shall adopt its Rules of Procedure. 

Article 11 

Complementarity 

1. 

Synergies  and  complementarity  will  be  sought  with  other  Community  instruments, 
particularly  the  criminal  justice  specific  programme  of  the  general  programme 

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“Fundamental  rights  and  Justice”,  and  the  general  programmes  “Security  and 
Safeguarding Liberties” and “Solidarity and Management of Migration Flows”. The 
statistical element of information on civil justice will be developed in collaboration 
with Member States, using as necessary the Community Statistical Programme. 

The  programme  may  share  resources  with  other  Community  instruments,  in 
particular  the  criminal  justice  specific  programme  of  the  general  programme 
“Fundamental  rights  and  Justice”,  in  order  to  implement  actions  meeting  the 
objectives of both programmes. 

Operations  financed  under  this  Decision  shall  not  receive  assistance  for  the  same 
purpose  from  other  Community  financial  instruments.  The  beneficiaries  of  this 
Decision  shall  provide  the  Commission  with  information  about  funding  received 
from  the  Community  budget  and  from  other  sources,  as  well  as  information  about 
ongoing applications for funding. 

Article 12 

Budgetary Resources 

The budget for the implementation of this instrument is set at EUR 109.3 million for 
the period set out in Article 1. 

The budgetary resources allocated to the actions provided for in this programme shall 
be entered in the annual appropriations of the general budget of the European Union. 
The  available  annual  appropriations  shall  be  authorised  by  the  budgetary  authority 
within the limits of the financial perspectives. 

Article 13 

Monitoring 

For  any  action  financed  by  the  programme,  the  beneficiary  shall  submit,  technical 
and financial reports on the progress of work. A final report shall also be submitted 
within  three  months  of  the  completion  of  the  action.  The  Commission  shall 
determine the form and content of the reports. 

Without prejudice to the audits carried out by the Court of Auditors in liaison with 
the  competent  national  audit  bodies  or  departments  pursuant  to  Article  248  of  the 
Treaty,  or  any  inspection  carried  out  pursuant  to  Article  279(c)  of  the  Treaty, 
officials  and  other  staff  of  the  Commission  may  carry  out  on-the-spot  checks, 
including sample checks, on actions financed under the programme. 

Contracts and agreements resulting from this Decision shall provide in particular for 
supervision  and  financial  control  by  the  Commission  (or  any  representative 
authorized by it), if necessary on-the-spot, and audits by the Court of Auditors. 

For  a  period  of  five  years  following  the  last  payment  in  respect  of  any  action,  the 
beneficiary  of  financial  assistance  shall  keep  available  for  the  Commission  all  the 
supporting documents regarding expenditure on the action. 

2. 

3. 

1. 

2. 

1. 

2. 

3. 

4. 

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5. 

6. 

1. 

2. 

3. 

4. 

5. 

On the basis of the results of the reports and sample checks referred to in paragraphs 
1  and  2,  the  Commission  shall,  if  necessary,  adjust  the  scale  or  the  conditions  of 
allocation  of  the  financial  assistance  originally  approved  and  also  the  timetable  for 
payments. 

The  Commission  shall  take  every  other  step  necessary  to  verify  that  the  actions 
financed  are  carried  out  properly  and  in  compliance  with  the  provisions  of  this 
Decision and the Financial Regulation. 

Article 14 

Protection of Community financial interests 

The Commission shall ensure that, when actions financed under the present Decision 
are  implemented,  the  financial  interests  of  the  Community  are  protected  by  the 
application  of  preventive  measures  against  fraud,  corruption  and  any  other  illegal 
activities, by effective checks and by the recovery of the amounts unduly paid and, if 
irregularities  are  detected,  by  effective,  proportional  and  dissuasive  penalties,  in 
accordance with Council Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) 
No  2185/96,  and  with  Regulation  (EC)  No  1073/1999  of  the  European  Parliament 
and of the Council. 

For  the  Community  actions  financed  under  this  programme,  Regulation  (EC, 
Euratom) No 2988/95 and Regulation (Euratom, EC) No 2185/96 shall apply to any 
infringement  of  a  provision  of  Community  law,  including  infringements  of  a 
contractual obligation stipulated on the basis of the programme, resulting from an act 
or  omission  by  an  economic  operator,  which  has,  or  would  have,  the  effect  of 
prejudicing the general budget of the European Communities or budgets managed by 
them, by an unjustified item of expenditure. 

The Commission shall reduce, suspend or recover the amount of financial assistance 
granted  for  an  action  if  it  finds  irregularities,  including  non-compliance  with  the 
provisions  of  this  Decision  or  the  individual  decision  or  the  contract  or  agreement 
granting the financial support in question, or if it transpires that, without Commission 
approval  having  being  sought,  the  action  has  been  subjected  to  a  change  which 
conflicts with the nature or implementing conditions of the project. 

If  the  time  limits  have  not  been  observed  or  if  only  part  of  the  allocated  financial 
assistance  is  justified  by  the  progress  made  with  implementing  an  action,  the 
Commission  shall  request  the  beneficiary  to  submit  observations  within  a  specified 
period. If the beneficiary does not give a satisfactory answer, the Commission may 
cancel  the  remaining  financial  assistance  and  demand  repayment  of  sums  already 
paid. 

Any undue payment shall be repaid to the Commission. Interest shall be added to any 
sums  not  repaid  in  good  time  under  the  conditions  laid  down  by  the  Financial 
Regulation. 

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Article 15 

Evaluation 

1. 

2. 

3. 

The programme will be monitored regularly in order to follow the implementation of 
activities carried out under this programme. 

The  Commission  shall  ensure  the  regular,  independent,  external  evaluation  of  the 
programme. 

The Commission shall submit to the European Parliament and the Council: 

(a) 

an  interim  evaluation  report  on  the  results  obtained  and  the  qualitative  and 
quantitative aspects of the implementation of this programme no later than 31 
March 2011; 

(b) 

a  Communication  on  the  continuation  of  this  programme  no  later  than  30 
August 2012; 

(c) 

an ex post evaluation report no later than 31 December 2014. 

Article 16 

Entry into force 

This Decision shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. It shall apply from 1 January 2007. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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FINANCIAL STATEMENT 

LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Programme “Fundamental Rights and Justice“ 

Proposal for a Council Decision establishing the programme “Criminal justice” for the period 2007-
2013 

Proposal  for  a  decision  of  the  European  Parliament  and  the  Council  establishing  the  programme 
“Civil justice” for the period 2007-2013 

Proposal for a Council Decision establishing the programme “Fundamental Rights and Citizenship” 
for the period 2007-2013 

Proposal  for  a  decision  of  the  European  Parliament  and  the  Council  establishing  the  programme 
“Fight against violence (Daphne) and drugs prevention and information” for the period 2007-2013 

2. 

ABM / ABB FRAMEWORK 

1804 – Citizenship and Fundamental Rights 

1806 – Establishing a genuine European area in criminal in civil matters 

1807 – Coordination in the field of drugs  

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative  assistance 
lines (ex- B.A lines)) including headings: 

Financial Perspectives 2007-2013: Heading 3.  

3.2. 

Duration of the action and of the financial impact: 

2007-2013 

EN 

83 

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3.3. 

Budgetary characteristics (add rows if necessary): 

Budget line 

Type of 
expenditure 

New 

EFTA 
contribution 

Contributions 
from 
applicant 
countries 

Heading in 
financial 
perspective 

Criminal Justice 

Civil Justice 

Fundamental 
Rights 
Citizenship 

and 

Fight 
against 
violence (Daphne) 
drugs 
and 
and 
prevention 
information 

Non-
comp 

Non-
comp 

Non-
comp 

Non-
comp 

Diff 

Diff 

Diff 

Diff 

NO 

NO 

Yes 

No 3 

NO 

NO 

Yes 

No 3 

NO 

No 

Yes 

No 3 

NO 

Yes* 

Yes 

No 3 

*: the programme shall be open to the participation of the EFTA states, subject to the EEA 
Agreement, in accordance with its provisions.

EN 

84 

   EN 

 
 
 
 
 
 
 
 
 
 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1.  Summary of commitment appropriations (CA) and payment appropriations (PA) 

Section no. 

Expenditure type 
Operational expenditure (8.1) 
Commitment 
Appropriations 
(CA) 

Criminal 
Justice 
Civil Justice 

Payment 
Appropriations 
(PA) 

Fundamental 
Rights & 
Citizenship 

Fight against 
violence and 
drugs 
Criminal 
Justice 

Civil Justice 

Fundamental 
Rights & 
Citizenship 

a 
a 

a 

a 

b 
b 

b 

EUR million (to 3 decimal places) 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

2014 -… 

Total 

29,200

29,800

30,400

26,000 

26,400

26,900

27,500

196,200

14,100
10,600

14,300
12,000

14,600
13,200

15,500 
13,500 

15,700
13,800

16,000
15,200

16,300
15,500

106,500
93,800

15,900

17,400

18,800

20,200 

20,600

21,000

21,500

135,400

14,600

26,640

29,980

28,080 

27,080

26,570

27,100

16,150

196,200

7,050
5,300

12,810
10,380

14,410
12,320

14,990 
13,110 

15,420
13,590

15,810
14,440

16,090
15,070

9,920
9,590

106,500
93,800

EN 

85 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
Fight against 
violence and 
drugs 

b 

7,950

15,210

17,800

19,220 

20,120

20,720

21,170

13,210

135,400

Administrative expenditure within reference amount (8.2.4) 
Technical & 
administrative 
assistance (NDA) 

1,200

8.2.4 

c 

1,500

1,000

1,800 

1,500

1,900

2,200

11,100

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  
Commitment 
Appropriations 

Payment 
Appropriations 

a+c 

b+c 

71,000

75,000

78,000

77,000 

78,000

81,000

83,000

543,000

36,100

66,540

75,510

77,200 

77,710

79,440

81,630

48,870

543,000

Administrative expenditure not included within reference amount  
4,320
Human resources 
and associated 
expenditure (NDA) 

4,050

8.2.5 

d 

4,752

5,130 

5,508

5,832

5,832

35,424

Administrative costs, 
other than human 
resources and 
associated costs, not 
included in reference 
amount (NDA) 

0,670

0,725

0,753

0,768 

0,784

0,799

0,815

5,316

8.2.6 
Total indicative financial cost of intervention 
TOTAL CA 
including cost of 
Human Resources 

e 

a+c+d+e 

75,720

80,045

83,505

82,898 

84,292

87,631

89,647

583,740

TOTAL PA 
including cost of 
Human Resources 

b+c+d+e 

40,820

71,585

81,015

83,098 

84,002

86,071

88,277

48,870

583,740

EN 

86 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
Co-financing details 

If the proposal involves co-financing by Member States, or other bodies (please specify 
which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in  the  table 
below (additional lines may be added if different bodies are foreseen for the provision of 
the co-financing): 

EUR million (to 3 decimal places) 

n + 1 

n + 2 

n + 3 

n + 4 

Year 
n 

n  +  5 
and 
later 

Total 

Co-financing body 

…………………… 

TOTAL CA including co-
financing 

f 

a+c
+d+
e+f 

4.1.2.  Compatibility with Financial Programming 

X 

Proposal is compatible with next financial programming 2007-2013 

(cid:133) 

(cid:133) 

Proposal will entail reprogramming of the relevant heading in the financial 
perspective. 

Proposal may require application of the provisions of the Interinstitutional 
Agreement67  (i.e.  flexibility  instrument  or  revision  of  the  financial 

perspective). 

4.1.3.  Financial impact on Revenue 

(cid:133) 

Proposal has no financial implications on revenue 

X 

Proposal has financial impact – the effect on revenue is as follows: 

Contribution from EFTA/EEE States: 2,19 % (2004 figures) 

67 

See points 19 and 24 of the Interinstitutional agreement. 

EN 

87 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
EUR million (to one decimal place) 

Prior to
action 

Situation following action 

Budget line 

Revenue 

2006 2007 2008 2009  2010  2011 2012 2013

a) Revenue in absolute terms 

0.3 

0.4 

0.4 

0.4 

0.5 

0.5 

0.5 

0.5 

b) Change in revenue 

 ∆ 

(Please  specify  each  revenue  budget  line  involved,  adding  the  appropriate 
number of rows to the table if there is an effect on more than one budget line.) 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – 
see detail under point 8.2.1. 

Annual requirements 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

number 
Total 
human resources 

of 

37,5 

40 

44 

47,5 

51 

54 

54 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

5.1.1.  Civil Justice 

The  promotion  and  the  protection  of  fundamental  rights  demand  the  establishment  of  a 
genuine  European  area  of  justice.  In  such  an  area  competent  judicial  authorities  co-
operate effectively, and citizens have a better access to justice and are neither prevented 
nor discouraged from exercising their rights by incompatibilities and complexities of the 
legal systems, judicial decisions circulate freely among the Member States on the basis of 
the principle of mutual recognition of judicial decisions, and the good functioning of the 
judiciary is constantly improved. 

The  challenge  for  the  Union  will  be  to  respond  to  citizens’  expectations  for  effective 
solutions to their practical problems. This will imply in particular:  

–  as the acquis grows, increased efforts of monitoring of its application by the Member 

States, including through modern means such as databases of case law; 

–  further legislative action to address the new issues mentioned above, and to improve 

the ease of access to and efficiency of justice; 

EN 

88 

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–  a  need  to  address  mutual  recognition  in  a  wider  sense,  including  recognition  of 

decisions and documents other than those issued by judicial authorities; 

–  strengthening  of  mechanisms  for  providing  information  to  the  public  and  promote 
training of and exchanges between practitioners on the implications of the instruments 
for cooperation in this area; 

–  further measures to promote understanding and use of common tools and procedures 

amongst practitioners. 

5.1.2.  Criminal Justice 

The  challenge  for  the  Union  will  be  to  respond  to  citizens’  expectations  for  effective 
solutions to their practical problems. This will imply in particular:  

–  as the acquis grows, increased efforts of monitoring of its application by the Member 

States, including through modern means such as databases of case law; 

–  further legislative action to address the new issues mentioned above, and to improve 

the ease of access to and efficiency of justice; 

–  a  need  to  address  mutual  recognition  in  a  wider  sense,  including  recognition  of 

decisions and documents other than those issued by judicial authorities; 

–  strengthening  of  mechanisms  for  providing  information  to  the  public  and  promote 
training of and exchanges between practitioners on the implications of the instruments 
for cooperation in this area; 

–  legislative measures to put in place and develop common tools for cooperation. This 
implies  inter  alia  on  the  one  hand  more  efficient  mechanisms  of  exchange  of 
information between Member States on criminals, in particular on convicted persons 
by setting up a computerised mechanism to exchange information on criminal records, 
and  on  the  other  hand,  to  improve  standards  for  certain  procedures  such  as  rules  on 
evidence  collection  and  rules  on  the  protection  of  individuals  involved  in  criminal 
proceedings, whether they are the accused, witnesses or victims; 

–  further measures to promote understanding and use of common tools and procedures 

amongst practitioners. 

5.1.3  Fundamental Rights and Justice 

The aim of this specific programme of the programme “Fundamental Rights and Justice” 
is  to  develop  significantly  the  two  existing  preparatory  actions  (promotion  of 
fundamental  rights  and  the  support  to  civil  society)  introducing  new  objectives  such  as 
the fight against racism, xenophobia and anti-semitism namely through the promotion of 
an inter-faith and a multicultural dialogue at EU level. 

EN 

89 

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The support to civil society in the field of fundamental rights will be enlarged to cover all 
Member  States  while  the  present  preparatory  action  only  covers  the  ten  new  Member 
States. 

A  special  focus  will  be  put  on  the  rights  deriving  from  the  citizenship  of  the  Union, 
recognised  as  fundamental  rights  by  the  Charter,  namely  to  encourage  democratic 
participation. 

A  significant  increase  in  the  financial  envelope  is  planned  to  reflect  the  increasing 
importance of these issues and to respond positively to civil society actors.  

5.1.4  Fight against violence (Daphne) and drugs prevention and information 

The main challenges facing the Union in relation to tackling drugs over the period of the 
next financial perspectives can be defined as follows:  

–  information  and  research,  including  the  continuation  of  the  work  of  the  European 

Monitoring Centre for Drugs and Drug Addiction (EMCDDA); 

–  drug  demand  reduction  since  demand  feeds  the  growth  of  the  drugs  phenomenon: 

education, prevention and harm-reduction programmes; 

–  drug supply reduction, to stop trafficking and drug-related criminality, in particular as 
concerns  new  synthetic  drugs  and  their  chemical  precursors,  as  well  as  combating 
money-laundering; 

–  enhanced  cooperation  with  third  countries  concerning  drug  abuse  control  and  drug 

demand reduction. 

–  further  legislative  activity  will  be  needed  in  line  with  new  and  developing  forms  of 
drugs, for example to bring new forms of drugs under established control mechanisms. 

Fight against violence (Daphne programme) 

The  mid  term  and  the  final  report  on  the  Daphne  programme  (2000  –  2003)  show  that 
organisations  have  gained  from  their  participation  in  European  partnerships.  Bringing 
associations  to  work  together  resulted  in  more  effective  programming  and  better  use  of 
resources. 

The  Daphne  programme  can  thus  be  seen  as  successful  in  mobilising  the  civil  society 
resulting in partnerships and alliances that are working together for more comprehensive 
European policies on violence. 

The final report of the Daphne programme (2000 – 2003) revealed that there was some 
room  to  improvement  such  as  the  creation  of  a  helpdesk  and  an  increased  focus  on 
dissemination. The Daphne II programme was thus adapted to conform to the finding of 
that report. 

EN 

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As  these  changes  to  the  structure  of  the  programme  are  quite  recent,  no  significant 
changes need to be introduced.  

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal 
with other financial instruments and possible synergy 

The European Union added value will be achieved by: 

•  preparing the ground for the emergence of common strategies and legislation 

in this field;  

•  implementing EU policy objectives and their application in national policies; 

•  supporting  the  transposition  of  European  Union  legislation's  and  its 

application in a uniform way through Europe; 

•  promoting the co-operation and co-ordination mechanisms between Member 

States; 

•  cooperating with civil society organisations at European level. 

Criteria for evaluation 

A  set  of  common  evaluation  criteria  will  be  used  through  all  specific 
programmes to evaluate the success of the interventions regarding the European 
Union added value in relation with the type of effect described above. Example 
of criteria could be: 

•  To  support  only  activities  needed  at  European  Union  level  to  sustain 
European  Union  objectives,  European  Union  laws  and  European  Union 
implementation mechanism; 

•  To  support  activities  which  will  be  complementary  with  those  financed  at 

national level; 

•  To reinforce national exchanges at European Union level, generating synergy 

effects and economies of scale; 

•  To  involve  actively  Member  States  representatives  and  other  relevant 
stakeholders  in  the  implementation  of  the  programme  in  order  to  maximise 
complementarities with existing activities. 

Subsidiarity and proportionality 

As  far  as  subsidiarity  is  concerned  the  present  programme  focuses  on  areas 
where European added value can be demonstrated and therefore is  designed to 

EN 

91 

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respect  the principles  of  subsidiarity  and  proportionality  set  out  in  Article  5  of 
the EC Treaty and its accompanying Protocol. 

As  far  as  proportionality  is  concerned,  the  new  programme  proposal  has  been 
designed to incorporate the maximum feasible extent of simplification in terms 
not  only  of  the  form  of  the  action  but  also  in  terms  of  the  administrative  and 
financial requirements that will apply to their implementation. The programme 
has been designed to strike to find the right balance between flexibility and ease 
of  use  on  the  one  hand,  and  clarity  of  purpose  and  appropriate  financial  and 
procedural safeguards on the other.  

Complementarity with other Community interventions 

The present programme aims at contributing to the establishment of an area of 
freedom,  security  and  justice.  A  complementarity  with  other  programmes  may 
thus be possible. 

A non exhaustive list of areas of convergence can be mentioned: 

•  The  draft  of  the  present  programme  took  into  account  the  Programme  on 
Active  Citizenship  and  the  Youth  programme  to  ensure  that  no  overlap 
situations  existed.  In  any  case,  particular  attention  will  be  paid  to  the 
implementation  of  those  programmes  to  avoid  such  situations  and  to 
coordinate the results.  

•  The  draft  of  the  present  programme  took  into  account  the  Programme  for 
Employment  and  Social  Security  -  PROGRESS  to  ensure  that  no  overlap 
situations  existed.  Particular  attention  will  be  paid  to  the  implementation  of 
the programme to avoid such situations and to coordinate the results. 

•  The  current  proposal  is  complementary  to  some  actions  under  the  7th 
framework  programme.  Synergies  will  be  actively  promoted  whenever 
possible, namely as regards the application of research results.  

•  Special attention will be paid to the programmes implemented by in the field 
of  Information  Society,  related  with  safe  use  of  Internet  and  fighting  its 
abuse, in particular as regards sensitive groups (e.g. children). 

•  The current proposal will also seek to complement the work of EU Agencies 
active  in  these  policy  fields  (EUMC,  EMCDDA,  Eurojust),  as  well  as  with 
the  action  of  other  international  organisations  acting  in  the  field  of 
fundamental  rights,  drugs  action,  fight  against  violence  and  judicial 
cooperation. 

Regular  exchanges  of  information  and  active  collaboration  around  projects 
under  other  Community  programmes  will  take  place,  in  order  to  improve  and 
capitalise  upon  internal  coherence,  and  between  the  Commission  and  other 

EN 

92 

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national  and 
coherence. 

international  authorities/organisations, 

to 

improve  external 

Complementarities with interventions on Freedom, Security and Justice 

These  interventions  have  a  common  goal  of  establishing  an  area  of  freedom, 
security  and  justice  where  basic  human  rights  are  respected.  Each  of  the 
programmes is designed to address particular aspects which are a critical part of 
the  creation  of  such  an  area  in  the  EU,  given  the  integration  of  national 
economies and the goal of ensuring free movement of people as well as goods, 
services  and  capital  between  countries.  As  such,  they  tackle  issues  affecting 
freedom,  security  and  justice  which  arise  from  the  creation  of  economic  and 
monetary  union  and  the  abolition  of  internal  borders  and  which  can  only  be 
effectively  addressed  at  EU  level.  These  issues  are  to  do  with  cooperation, 
harmonisation,  coordination  of  activities,  the  exchange  and  sharing  of  critical 
information  and  best  practices  and  techniques,  and  establishing  solidarity 
mechanisms  for  sharing  the  costs  involved  in  pursuing  common  and  agreed 
objectives in an equitable way. 

in  November  2004,  which 

They are reflected in the objectives set out in The Hague Programme adopted by 
include:  guarantying 
the  European  Council 
fundamental human rights throughout the EU, establishing minimum procedural 
safeguards  and  common  access  to  justice,  extending  the  mutual  recognition  of 
judicial  decisions,  fighting  organised  cross-border  crime  and  the  threat  of 
terrorism, ensuring protection in accordance with international treaties to those 
in need, and  regulating migration flows and controlling the external borders of 
the  EU.  Each  of  the  programmes  is  aimed  at  pursuing  these  objectives  in  a 
complementary way without duplicating activities. 

The  activities  under  the  programme  “Fundamental  Rights  and  Justice”, 
therefore,  are  designed  to  further  fundamental  human  rights  and  ensure  a 
common  level  of  access  to  justice  across  the  EU,  and  are  accordingly 
complementary  to  activities  under  the  other  two  programmes  which  reinforce 
this  objective.  In  particular,  they  are  directly  complementary  to  the  measures, 
under the Solidarity programme to improve the integration of migrants into EU 
society  as  well  as  to  establish  uniform  procedures  for  dealing  with  asylum-
seekers and, under the Security programme, to enhance protection of witnesses 
and victims of crime as well as to combat the trafficking of people. 

to  strengthen  cooperation  between  police  forces  and 

They are also complementary, if less directly, with activities under the Security 
programme 
law 
enforcement  authorities  as  well  as  between  bodies  involved  in  combating  the 
threat  of  terrorism.  The  freedom  of  EU  citizens  to  enjoy  their  fundamental 
rights,  therefore,  is  contingent  on  them  feeling  secure  and  being  adequately 
protected against criminal activity or terrorist attack. 

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5.3. 

Objectives,  expected  results  and  related  indicators  of  the  proposal  in  the  context  of  the  ABM 
framework 

General objectives 

Specific objectives 

Operational objectives 

To promote the development of a European 
society  based  on  the  European  Union 
citizenship 
the 
fundamental  rights  as  enshrined  in  the 
Charter of Fundamental Rights.  

respectful 

and 

of 

To  promote  the  Charter  of  Fundamental 
Rights and to inform citizens of their rights 
as Union citizens and to encourage them to 
participate actively in the democratic life of 
the Union. 

To  monitor  regularly 
the  situation  of 
fundamental  rights  in  the  European  Union 
and its Member States using the Charter of 
Fundamental  Rights 
the  guiding 
to  obtain  opinions  on 
document  and 
specific  questions  related  to  fundamental 
rights when necessary. 

as 

To support awareness-raising actions. 

To  prepare  regular  reports  or  opinions  on 
the  situation  of  fundamental  rights  in  the 
EU. 

the  consequences  of 

To  explain 
the 
insertion  of  the  Charter  of  Fundamental 
Rights  into  the  Constitution  and  of  the 
European  Union’s 
the 
European Convention of Human Rights. 

accession 

to 

To  support  information  campaigns  in these 
fields. 

To  fight  against  anti-semitism,  racism  and 
xenophobia  and  to  strengthen  civil  society 
in the field of fundamental rights. 

To  support  NGO  and  other  bodies  from 
civil  society  to  enhance  their  capability  to 
participate  actively  in  the  development  of 
the European Union.  

To  have  open,  transparent  and  regular 
dialogue with civil society. 

To  fight  against  anti-semitism,  racism  and 
a 
xenophobia 
better 
understanding  and 
tolerance 
improved 
throughout the European Union. 

promoting 

by 

To support awareness-raising actions. 

To  promote  peace  and  fundamental  rights 
namely 
and 
an 
multicultural dialogue at EU level. 

interfaith 

through 

financial  support 

the 
To  provide 
non-governmental 
activities 
organisations  or  other  entities  pursuing  an 
aim of general European interest. 

for 

of 

To  undertake  studies  and  analyses  in  these 
fields. 

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To  promote  judicial  cooperation  with  the 
aim  of  contributing  to  the  creation  of  a 
genuine  European  area  of  justice  in  civil 
and criminal matters.  

To  adapt  the  existing  judicial  system  in 
Member  States  to  the  European  Union 
being  a  territory  without  border  controls, 
with  a  single  currency,  free  circulation  of 
persons,  services,  goods  and  capital,  based 
on  mutual 
and  mutual 
recognition 
confidence. 

To  improve  mutual  knowledge  of  Member 
States’  legal  and  judicial  systems  in  civil 
and  criminal  matters  and  to  promote  and 
strengthen networking, mutual cooperation, 
exchange and dissemination of information, 
experience and best practices. 

To  ensure  the  sound  implementation,  the 
correct  and  concrete  application  and  the 
evaluation of Community instruments in the 
areas  of  judicial  cooperation  in  civil  and 
commercial matters and in criminal matters. 

To improve the daily life of individuals and 
businesses  by  enabling them  to  assert  their 
rights  throughout  the  European  Union, 
notably by fostering access to justice. 

To  improve  the  contacts  between  legal, 
judicial  and  administrative  authorities  and 
the  legal  professions,  and  to  foster  the 
training of the members of the judiciary. 

improve 

information  on 

To 
legal 
systems in the Member States and access to 
justice. 

the 

To promote the training in Union matters of 
the judiciary and judicial staff. 

evaluate 

To 
conditions 
necessary  to  develop  mutual  confidence, 
including the quality of justice. 

the  general 

To  support  the  operative  work  of  the 
European  judicial  network  in  civil  and 
commercial  matters  created  by  Council 
Decision of 28 May 2001 (2001/470/CE). 

To  develop  a  European  computerised 
system  of  exchange  of  information  on 
criminal  records  and  to  support  studies  to 
develop  other 
types  of  exchange  of 
information. 

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To contribute to the setting up of an area of 
freedom, security and justice by combating 
violence  and  by 
informing  on  and 
preventing drug use. 

To  protect  citizens  against  violence  and  to 
attain a high level of health protection, well 
being and social cohesion. 

To  prevent  and  combat  all  forms  of 
violence  occurring  in  the  public  or  the 
private  domain,  against  children,  young 
people and women  

To  provide  support  for  victims  and  groups 
at risk. 

To  assist  and  encourage  NGO  and  other 
organisations active in this field.  

To  disseminate  the  results  obtained  under 
the two Daphne programmes including their 
adaptation, 
transfer  and  use  by  other 
beneficiaries or in other geographical areas. 

identify 

actions 
To 
contributing to positive treatment of people 
at risk of violence. 

enhance 

and 

To  prevent 
and 
dependence and drug related harms. 

reduce  drug  use, 

civil 

society 

involve 

To 
the 
implementation  and  development  of  the 
European  Union’s  Drugs  Strategy  and 
Action plans. 

in 

To  monitor,  implement  and  evaluate  the 
implementation  of  specific  actions  under 
the  Drugs  Action  Plans  2005  –  2008  and 
2009 – 2012. 

To  promote  transnational  and  awareness-
raising actions in the areas identified above. 

To  set  up  multidisciplinary  networks;  to 
ensure  the  expansion  of  the  knowledge 
base,  the  exchange  of  information  and  the 
identification  and  dissemination  of  good 
practice,  including  through  training,  study 
visits and staff exchange. 

actions 

implement  awareness-
To  develop  and 
raising 
specific 
at 
targeted 
audiences  to  promote  the  adoption  of  zero 
tolerance 
to 
encourage  support  for  victims  and  the 
reporting of violence. 

violence 

towards 

and 

To raise awareness of the health and social 
problems  caused  by  drug  abuse  and  to 
encourage an open dialogue with a view to 
promoting  a  better  understanding  of  the 
drug phenomenon. 

EN 

96 

   EN 

 
5.4.  Method of Implementation 

Show below the method(s) chosen for the implementation of the action. 

X 

X 

Centralised Management 

Directly by the Commission 

ٱIndirectly by delegation to: 

ٱ 

Executive Agencies 

Bodies  set  up  by  the  Communities  as  referred  to  in  art.  185  of  the  Financial 

ٱ 
Regulation 

ٱ 

National public-sector bodies/bodies with public-service mission 

ٱShared or decentralised management 

ٱ 

ٱ 

With Member states 

With Third countries 

ٱJoint management with international organisations (please specify) 

Relevant comments: 

In order to achieve the full objectives of the programme under the provisions of 
the Current Treaty, it has been decided to split into 4 legal instruments relating 
to  4  different  legal  bases.  As  stated  in  Mr.  Vitorino’s  Communication  to  the 
Commission  (SEC(2004)  1195,  28.9.2004)  the  actions  proposed  are  provided 
through  the  current  Treaties.  The  legal  bases  required  to  establish  the 
programmes  have  been  limited  in  number  as  far  as  the  current  Treaties  allow, 
while  within  and  across  the  new  programmes  common  delivery,  management 
and implementation mechanisms are set in place. 

In  order  to  achieve  the  general  and  specific  and  operational  objectives,  each 
programme within the programme “Fundamental Rights and Justice” envisages 
a range of actions, such as: 

•  Specific actions taken by the Commission, such as, studies and research, opinion polls 
and  surveys,  the  formulation  of  indicators  and  common  methodologies,  collection, 
development  and  dissemination  of  data  and  statistics,  seminars,  conferences  and 
experts  meetings,  organisation  of  public  campaigns  and  events,  development  and 
maintenance  of  websites,  preparation  and  dissemination  of  information  materials, 
support to  and  animation  of  networks  of  national  experts,  analytical,  monitoring  and 
evaluation activities;  

EN 

97 

   EN 

 
•  Actions providing financial support for specific projects of Community interest under 

the conditions set out in the annual work programmes;  

•  Actions  providing  financial  support  for 

the  activities  of  non-governmental 
organisations  or  other  entities  under  the  conditions  set  our  in  the  annual  work 
programmes;  

•  Operative grants to entities identified in a legal basis. 

Methods of implementation:  

The above mentioned type of actions may be financed either by  

•  A service contract following a call for tenders 

•  A subsidy following a call for proposals.  

•  Subsidies to a body pursuing  an aim of general European interest, without a call for 

proposal. 

The  Commission  will  implement  the  above  actions  in  accordance  with  the 
annual  work  programme  to  be  adopted.  The  Commission  will  implement  this 
programme and may have recourse to technical and/or administrative assistance 
to the mutual benefit of the Commission and of the beneficiaries, for example to 
finance outside expertise on a specific subject.  

The Commission may decide to entrust part of the budget implementation to an 
executive agency, as referred to in Article 54, (2) (a) of the Financial Regulation. 
These  agencies  shall  be  designated  by  the  Commission  in  conformity  with  the 
provisions of the Financial Regulation and more specifically with the principles 
of  economy,  effectiveness  and  efficiency.  Before  proceeding  to  implement  the 
delegation, the Commission shall ensure, by mean of a prior assessment that the 
creation of agencies is in compliance with sound financial management.  

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

A comprehensive monitoring system will be set-up in order to regularly follow 
up  the  implementation  of  the  activities  carried  out  under  each  specific 
programme. This system should allow for the collection of information relating 
to  the  financial  implementation  and  to  the  physical  outputs  of  the  programme, 
across the types of action and the target groups included in the programme. The 
information will be collected at project level - indeed, for any action financed by 
the  programme,  the  beneficiary  shall  submit  technical  and  financial  reports  on 
the  progress  of  the  work,  as  well  as  a  final  report  after  the  completion  of  the 

EN 

98 

   EN 

 
action. The precise configuration of the monitoring system, as well as the type of 
indicators to be set-up will be the object of further study in the process leading 
to  the  implementation  of  the  programme.  Indeed,  a  study  on  delivery 
mechanisms  and  related  cost-effectiveness  aspects  is  foreseen  to  take  place 
during 2005. 

According  to  legal  requirements  and  Commission’s  evaluation  policy,  the 
programme will be evaluated at mid-term to assess its continuing relevance and 
draw  useful  lessons  for  the  remainder  of  its  implementation.  A  review  of  the 
programme may take place then, if considered necessary. A final evaluation will 
take  place  at  the  end  of  the  programming  period  to  assess  the  results  of  the 
programme and advise on its follow-up. These reports will be prepared under the 
responsibility  of  the  Commission,  and  shall  be  submitted  to  the  European 
Parliament and the Council.  

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

Cfr. Extended Impact Assessment on the programme “Fundamental Rights and Justice”.  

6.2.2.  Measures taken following an intermediate/ex-post evaluation (lessons learned 

from similar experiences in the past) 

Cfr. Extended Impact Assessment on the programme “Fundamental Rights and Justice”. 

6.2.3.  Terms and frequency of future evaluation 

The timetable set in the proposal is as follows:  

–  no later than 31 March 2011, the Commission shall submit to the European Parliament 
and the Council an interim evaluation report on the results obtained and the qualitative 
and quantitative aspects of the implementation of this programme; 

–  no  later  than  30  August  2012,  the  Commission  shall  submit  to  the  European 
Parliament and the Council a Communication on the continuation of this programme; 

–  no  later  than  31  December  2014,  the  Commission  shall  submit  to  the  European 

Parliament and the Council an ex post evaluation report. 

7. 

ANTI-FRAUD MEASURES  

The Commission shall ensure that, when actions financed under the present programme 
are  implemented,  the  financial  interests  of  the  Community  are  protected  by  the 
application  of  preventive  measures  against  fraud,  corruption  and  any  other  illegal 
activities,  by  effective  checks  and  by  the  recovery  of  the  amounts  unduly  paid  and,  if 
irregularities  are  detected,  by  effective,  proportional  and  dissuasive  penalties,  in 

EN 

99 

   EN 

 
accordance with Council Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) No 
2185/96, and with Regulation (EC) No 1073/1999 of the European Parliament and of the 
Council. 

For  the  Community  actions  financed  under  this  programme,  the  notion  of  irregularity 
referred to in Article 1, paragraph 2 of Regulation (EC, Euratom) No 2988/95 shall mean 
any  infringement  of  a  provision  of  Community  law  or  any  breach  of  a  contractual 
obligation  resulting  from  an  act  or  omission  by  an  economic  operator,  which  has,  or 
would have, the effect of prejudicing the general budget of the Communities or budgets 
managed by them, by an unjustifiable item of expenditure. 

Contracts and agreements shall provide in particular for supervision and financial control 
by  the  Commission  (or  any  representative  authorized  by  it)  and  audits  by  the  Court  of 
Auditors, if necessary on-the-spot. 

EN 

100 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost (Prix 2004) 

of 
(Headings 
Objectives, 
actions 
and  outputs  should 
be provided) 

Type of output 

Av. 
cost 

Criminal Justice 

To Promote judicial cooperation 

 -  promoting  mutual 
recognition  of  judicial 
decisions 

Operational  projects  - 
implement. 
of  EU 
instruments 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

Total 

Commitment appropriations in EUR million (to 3 decimal places) 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

1,000 

1,000 

1,100 

1,500 

1,700 

1,700 

1,700 

9,700 

 - 
necessary 
approximation 
legislation  

promoting 

of 

 - 
eliminating 
obstacles  created  by 
disparities 

 - 
a 
guaranteeing 
proper administration 

EN 

Operational  projects  - 
implement. 
of  EU 
instruments 

0,100 

5 

0,500 

5 

0,500 

6 

0,600 

7 

0,700 

9 

0,900 

9 

0,900 

9 

0,900 

50 

5,000 

Research 

0,030 

1 

0,030 

1 

0,030 

1 

0,030 

1 

0,030 

1 

0,030 

1 

0,030 

1 

0,030 

7 

0,210 

Sub-total Action 1 

1,530 

1,530 

1,730 

2,230 

2,630 

2,630 

2,630 

57 

14,910 

To adapt existing judicial situation 

101 
EN 

 
 
 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
 
  
 
  
 
  
 
  
  
 
  
  
  
  
  
  
  
  
  
 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
improve  mutual 

 - 
knowledge 

Operational  projects  - 
implement. 
of  EU 
instruments 

0,100 

10 

1,000 

10 

1,000 

10 

1,000 

10 

0,750 

10 

0,900 

10 

0,900 

10 

0,900 

70 

6,450 

 - 
and 
promote 
strengthen networking 

Networks 

0,200 

Operational  projects  - 
modern. of justice 

0,100 

3 

5 

0,600 

3 

0,600 

3 

0,600 

3 

0,600 

5 

1,000 

5 

1,000 

5 

1,000 

27 

5,400 

0,500 

5 

0,500 

5 

0,500 

5 

0,500 

5 

0,500 

5 

0,500 

5 

0,500 

35 

3,500 

and 
of 

 - 
exchange 
dissemination 
information, 
experiences  and  best 
practices 

Evaluations 
-  Legal 
implementation  of  EU 
instruments 

Operational  projects  - 
modern. of justice 

0,330 

1 

0,330 

1 

0,330 

2 

0,680 

1 

0,430 

2 

0,680 

2 

0,680 

2 

0,680 

11 

3,810 

0,100 

7 

0,700 

7 

0,700 

8 

0,800 

9 

0,900 

10 

1,000 

10 

1,000 

10 

1,000 

61 

6,100 

Sub-total Action 2 

3,130 

3,130 

3,580 

3,180 

4,080 

4,080 

4,080 

204 

25,260 

To Improve daily life of individuals and businesses 

 - 
information 
judicial 
systems 
legal 
access to justice 

improve 
on 
cooperation, 
and 

Evaluations  -  Practical 
implement. 
of  EU 
instruments 

0,440 

0,440 

0,690 

0,440 

0,690 

0,690 

0,690 

4,080 

Quality of justice 

0,100 

0 

0,000 

Operational  projects  - 
modern. of justice 

0,100 

10 

1,000 

1 

7 

0,100 

0,700 

4 

8 

0,400 

0,800 

4 

8 

0,400 

4 

0,400 

4 

0,400 

4 

0,400 

21 

2,100 

0,800 

10 

1,000 

10 

1,000 

10 

1,000 

63 

6,300 

Sub-total Action 3 

1,440 

1,240 

1,890 

1,640 

2,090 

2,090 

2,090 

84 

12,480 

To Improve contacts between legal systems, judicial and 
administrative authorities information and the legal 
professions 

EN 

102 
EN 

 
 
 
 
 
  
 
 
  
 
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
 
  
 
  
 
  
  
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
- Training of judiciary 
and judicial staff 

Training 
/grants 

EJTN 

- 
Computerised 
system  on  exchange 
on 
information 
of 
criminal records 

Phase 1 - Setting up of 
European 
for 
index 
convicted persons 

Phase  2  -  Creating  a 
European 
for 
information exchange 

format 

Activities 

0,250 

26 

6,500 

26 

6,500 

26 

6,500 

28 

7,000 

28 

7,000 

28 

7,000 

28 

7,000 

190 

47,500 

0,600 

12,800 

0,600 

9,400 

0,700 

11,400 

1,000 

7,000 

1,000 

6,000 

1,000 

6,000 

1,000 

6,000 

5,900 

58,600 

1,500 

5,100 

1,700 

1,000 

0,200 

0,200 

0,200 

9,900 

Sub-total Action 4 

21,400 

21,600 

20,300 

16,000 

14,200 

14,200 

14,200 

121,900 

Sub-total Objective 1 

Civil Justice 

To Promote judicial cooperation 

27,500 

27,500 

27,500 

23,050 

23,000 

23,000 

23,000 

174,550 

Promote 
cooperation  

Judicial 

Grants  

0,100 

20 

2,000 

20 

2,000 

20 

2,000 

25 

2,500 

25 

2,500 

25 

2,500 

25 

2,500 

160 

16,000 

Studies 

Seminars,  Information 
Campaigns 

0,200 

0,100 

5 

5 

1,000 

0,500 

5 

5 

1,000 

0,500 

5 

5 

1,000 

0,500 

5 

5 

1,000 

0,500 

5 

5 

1,000 

0,500 

5 

5 

1,000 

0,500 

5 

5 

1,000 

35 

7,000 

0,500 

35 

3,500 

Sub-total Action 5 

3,500 

3,500 

3,500 

4,000 

4,000 

4,000 

4,000 

0 

26,500 

To adapt existing judicial situation 

Grants  

0,100 

10 

1,000 

10 

1,000 

10 

1,000 

15 

1,500 

15 

1,500 

15 

1,500 

15 

1,500 

90 

9,000 

103 
EN 

To improve mutual 
knowledge and sound 
implementation, 
application and 
evaluation 

EN 

 
 
 
 
  
  
  
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
  
  
  
 
  
  
  
 
 
  
 
  
 
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
Studies 

0,200 

5 

1,000 

5 

1,000 

5 

1,000 

5 

1,000 

5 

1,000 

5 

1,000 

5 

1,000 

35 

7,000 

Sub-total Action 6 

2,000 

2,000 

2,000 

2,500 

2,500 

2,500 

2,500 

0 

16,000 

To Improve daily life of individuals and businesses 

To improve 
information on 
judicial cooperation 

Develop./Maintenance 
Databases  

User-guides, 
information campaigns 

0,500 

3 

1,500 

3 

1,500 

3 

1,500 

2 

1,000 

2 

1,000 

2 

1,000 

2 

1,000 

17 

8,500 

0,100 

2 

0,200 

2 

0,200 

2 

0,200 

2 

0,200 

2 

0,200 

2 

0,200 

2 

0,200 

14 

1,400 

Sub-total Action 7 

1,700 

1,700 

1,700 

1,200 

1,200 

1,200 

1,200 

0 

9,900 

To Improve contacts between legal systems, judicial and 
administrative authorities information and the legal 
professions 

judicial  network 
civil matters 

in 

Networking, 
conferences 
seminars 

and 

0,250 

6 

1,500 

6 

1,500 

6 

1,500 

6 

1,500 

6 

1,500 

6 

1,500 

6 

1,500 

42 

10,500 

Translations 

1,000 

1 

1,000 

1 

1,000 

1 

1,000 

1 

1,000 

1 

1,000 

1 

1,000 

1 

1,000 

7 

7,000 

Training  of  judiciary 
and judicial staff 

Grants  

0,200 

14 

2,750 

14 

2,740 

14 

2,720 

14 

2,740 

14 

2,700 

14 

2,680 

14 

2,670 

98 

19,000 

Networking, 
conferences 
seminars 

and 

Develop.  of  tools  and 
method. 

0,100 

3 

0,300 

3 

0,300 

3 

0,300 

3 

0,300 

3 

0,300 

3 

0,300 

3 

0,300 

21 

2,100 

0,250 

2 

0,500 

2 

0,500 

2 

0,500 

2 

0,500 

2 

0,500 

2 

0,500 

2 

0,500 

14 

3,500 

Sub-total Action 8 

6,050 

6,040 

6,020 

6,040 

6,000 

5,980 

5,970 

49 

42,100 

Sub-total Objective 2 

13,250 

13,240 

13,220 

13,740 

13,700 

13,680 

13,670 

94,500 

Fundamental Rights and Citizenship 

EN 

104 
EN 

 
 
 
  
 
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
  
 
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
  
 
 
  
 
  
 
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
To promote the development of a European Society based 
on the idea of European Union Citizenship and respectful 
of the fundamental rights 

promote 

the 
To 
Charter 
of 
Fundamental  Rights 
inform  all 
and 
persons of their rights  

to 

To  prepare  an  annual 
report on  the  situation 
of fundamental rights 

of 
into 

To 
the 
analyse 
consequences  of  the 
the 
insertion 
Charter 
the 
Constitution  and  of 
the  accession  to  the 
European  Convention 
of Human Rights 

Grants 
Campaigns 

-Information 

0,100 

20 

2,000 

20 

2,000 

20 

2,000 

20 

2,000 

20 

2,000 

25 

2,500 

25 

2,500 

150 

15,000 

Support to NGO's 

0,200 

5 

1,000 

6 

1,200 

6 

1,200 

6 

1,200 

6 

1,200 

6 

1,200 

6 

1,200 

41 

8,200 

Commission 
led 
Information Campaign 

Eurobarometer, 
Publications, Dissem. 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

7 

1,400 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

7 

1,400 

Studies 

0,250 

1 

0,250 

2 

0,500 

2 

0,500 

2 

0,500 

2 

0,500 

2 

0,500 

2 

0,500 

Networking, 
conferences 
seminars 

and 

0,250 

1 

0,250 

1 

0,250 

2 

0,500 

2 

0,500 

2 

0,500 

2 

0,500 

2 

0,500 

12 

3,000 

Sub-total Action 9 

3,900 

4,350 

4,600 

4,600 

4,600 

5,100 

5,100 

162 

32,250 

To strengthen civil society and to encourage an open, 
transparent and regular dialogue 

EN 

105 
EN 

 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
  
 
  
 
  
 
  
  
 
 
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
To  assess  application 
and implementation of 
Community 
legislation 

To  support  NGO  and 
other  bodies 
from 
civil society  

Grants 

0,100 

20 

2,000 

20 

2,000 

20 

2,000 

20 

2,000 

20 

2,000 

25 

2,500 

25 

2,500 

150 

15,000 

Studies 

0,250 

1 

0,250 

1 

0,250 

2 

0,500 

2 

0,500 

2 

0,500 

2 

0,500 

2 

0,500 

Support to NGO's 

0,200 

5 

1,000 

5 

1,000 

5 

1,000 

5 

1,000 

5 

1,000 

5 

1,000 

5 

1,000 

35 

7,000 

Eurobarometer, 
Publications, Dissem. 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

7 

1,400 

Sub-total Action 10 

3,450 

3,450 

3,700 

3,700 

3,700 

4,200 

4,200 

185 

26,400 

To fight against anti-semitism, racism and xenophobia 
and to promote an interfaith dialogue 

Promoting  a  better 
understanding 
and 
improved tolerance 

To 
an 
lead 
interfaith/multicultural 
dialogue at EU level 

EN 

Grants 

0,100 

16 

1,600 

20 

2,000 

20 

2,000 

20 

2,000 

20 

2,000 

20 

2,000 

20 

2,000 

136 

13,600 

Studies 

0,250 

1 

0,250 

1 

0,250 

2 

0,500 

2 

0,500 

2 

0,500 

2 

0,500 

2 

0,500 

12 

3,000 

Support to NGO's 

0,200 

3 

0,600 

4 

0,800 

5 

1,000 

5 

1,000 

5 

1,000 

5 

1,000 

5 

1,000 

32 

6,400 

Eurobarometer, 
Publications, Dissem. 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

1 

0,200 

7 

1,400 

Sub-total Action 11 

2,650 

3,250 

3,700 

3,700 

3,700 

3,700 

3,700 

187 

24,400 

106 
EN 

 
 
 
 
  
  
  
 
 
  
 
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
  
 
 
  
 
  
  
  
  
  
  
  
 
Sub-total Objective 3 

10,000 

11,050 

12,000 

12,000 

12,000 

13,000 

13,000 

83,050 

Fight  against  violence  (Daphne)  and  drugs  prevention  and 
information 

To prevent and combat all forms of violence occurring in 
the public or the private domain, against children, young 
people and women by taking preventive measures and by 
providing support for victims and groups at risk 

Grants 

0,150 

20 

3,000 

20 

3,000 

25 

3,750 

25 

3,750 

25 

3,750 

25 

3,750 

25 

3,750 

165 

24,750 

Studies 

0,200 

2 

0,400 

2 

0,400 

3 

0,600 

4 

0,800 

4 

0,800 

4 

0,800 

4 

0,800 

23 

4,600 

Grants 

0,150 

7 

1,050 

10 

1,500 

10 

1,500 

10 

1,500 

10 

1,500 

10 

1,500 

10 

1,500 

67 

10,050 

Grants 

0,150 

10 

1,500 

10 

1,500 

10 

1,500 

15 

2,250 

15 

2,250 

15 

2,250 

15 

2,250 

90 

13,500 

To 
and 
assist 
encourage  NGO  and 
other organisations 

Develop 
and 
implement  awareness-
raising actions 

Identify  and  enhance 
actions contributing to 
positive  treatment  of 
people  at 
risk  of 
violence 

Dissemination 
results 

of 

Dissemination  of  data 
&  statistics, 
reports, 
publications 

0,125 

3 

0,375 

4 

0,500 

4 

0,500 

4 

0,500 

4 

0,500 

4 

0,500 

4 

0,500 

27 

3,375 

Sub-total Action 12 

6,325 

6,900 

7,850 

8,800 

8,800 

8,800 

8,800 

255 

56,275 

To promote transnational actions 

Set-up 
multi-
disciplinary networks 

Grants 

0,150 

20 

3,000 

20 

3,000 

20 

3,000 

20 

3,000 

20 

3,000 

20 

3,000 

20 

3,000 

140 

21,000 

EN 

107 
EN 

 
 
 
  
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
 
  
 
 
 
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
Dissemination of good 
practice 

Grants 

0,150 

5 

0,750 

7 

1,050 

7 

1,050 

7 

1,050 

7 

1,050 

7 

1,050 

7 

1,050 

47 

7,050 

Raise awareness  

Grants 

0,150 

15 

2,250 

15 

2,250 

15 

2,250 

15 

2,250 

15 

2,250 

15 

2,250 

15 

2,250 

105 

15,750 

Sub-total Action 13 

6,000 

6,300 

6,300 

6,300 

6,300 

6,300 

6,300 

245 

43,800 

To prevent and reduce drug use, dependence and drug 
related harms to health and social exclusion 

involve 
in 

civil 
To 
the 
society 
implementation 
and 
development  of  EU's 
Drugs  Strategy  and 
Action plans 

involve 
in 

civil 
To 
the 
society 
implementation 
and 
development  of  EU's 
Drugs  Strategy  and 
Action plans 

To 
implement 
evaluate 
implementation 
Drugs Action Plan 

monitor, 
and 
the 
of 

Sub-total Objective 4 

TOTAL COST 

EN 

Support to NGO's 

0,100 

10 

1,000 

10 

1,000 

10 

1,000 

10 

1,000 

10 

1,000 

10 

1,000 

10 

1,000 

70 

7,000 

Eurobarometer 

0,150 

1 

0,150 

2 

0,300 

2 

0,300 

2 

0,300 

2 

0,300 

2 

0,300 

2 

0,300 

13 

1,950 

Studies 

0,150 

7 

1,050 

7 

1,050 

7 

1,050 

7 

1,050 

7 

1,050 

7 

1,050 

7 

1,050 

49 

7,350 

Implement. legislation 

0,500 

1 

0,500 

1 

0,500 

1 

0,500 

1 

0,500 

1 

0,500 

1 

0,500 

1 

0,500 

7 

3,500 

Sub-total Action 14 

2,700 

2,850 

2,850 

2,850 

2,850 

2,850 

2,850 

119 

19,800 

15,025 

16,050 

17,000 

17,950 

17,950 

17,950 

17,950 

119,875 

65,025 

67,100 

69,000 

66,000 

65,950 

66,950 

66,950 

466,975 

108 
EN 

 
 
 
 
 
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
 
 
  
 
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
 
  
  
  
  
  
  
  
  
  
  
 
Prix 2004 

Criminal Justice 

Civil Justice 

Fundamental Rights and Citizenship 

Fight  against  violence  (Daphne)  and  drugs  prevention  and 
information 

27,500 

27,500 

27,500 

23,050 

23,000 

23,000 

23,000 

174,550 

13,250 

10,000 

13,240 

11,050 

13,220 

12,000 

13,740 

12,000 

13,700 

12,000 

13,680 

13,000 

13,670 

13,000 

94,500 

83,050 

15,025 

16,050 

17,000 

17,950 

17,950 

17,950 

17,950 

119,875 

Total 

65,775 

67,840 

69,720 

66,740 

66,650 

67,630 

67,620 

471,975 

Prix Courants 

Criminal Justice 

Civil Justice 

29,200 

14,100 

29,800 

14,300 

30,400 

14,600 

26,000 

26,400 

26,900 

15,500 

15,700 

16,000 

27,500 

16,300 

196,200 

106,500 

Fundamental Rights and Citizenship 

10,600 

12,000 

13,200 

13,500 

13,800 

15,200 

15,500 

93,800 

Fight  against  violence  (Daphne)  and  drugs  prevention  and 
information 

15,900 

17,400 

18,800 

20,200 

20,600 

21,000 

21,500 

135,400 

Total 

69,800 

73,500 

77,000 

75,200 

76,500 

79,100 

80,800 

531,900 

EN 

109 
EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.2. 

Administrative Expenditure 

The  needs  for  human  and  administrative  resources  shall  be  covered  within  the  allocation 
granted to the managing DG in the framework of the annual allocation procedure. 

8.2.1.  Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using existing and/or 
additional resources (number of posts/FTEs) 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

A*/AD 

9,25 

10

23

7

11

25

8

12

27

8,5

13

29

9

13,5 

13,5

31 

31

9,5 

9,5

21,25 

7 

Officials 
or 
temporary 
staff (XX 
01 01) 

B*, 
C*/AST 

Staff financed by art. 
XX 01 02 

Other  staff  financed 
by art. XX 01 04/05 

TOTAL 

37,5 

40

44

47,5

51

54 

54

8.2.2.  Description of tasks deriving from the actio n 

Task N° 

Title  

Description 

Number 

MANAGEMENT 

1 

Management  

POLICY 
DEFINITION 
AND 
PROGRAMMING 

2 

3 

4 

5 

6 

Policy Making 

Definition of strategy, legal base,… 

Programme definition 

Establishment  of  annual  work  programme 
financing decision) and interservice consultation 

(i.e. 

Interface 
programmes & actions 

with 

relevant 

EC 

interservice  coordination 
complementarity-synergy with other policies 

in  order 

to  ensure 

Interface  with  other  Institutions  and 
Member States 

Interface  Council,  EP  ensuring 
reporting, information, questions, briefing requests 

the  appropriate 

Information and Communication 

1. Information and publicity activities 
2. EUROPA Web site 

2 

3 

0,5 

1 

0,5 

0,5 

EN 

110 

   EN 

 
 
 
  
  
  
  
  
  
  
  
  
  
 
 
 
 
 
 
  
  
  
  
  
interface 

-  chair  & 

7 

8 

Committee 
secretariat  

Budgeting 

APS,PDB,AAR,BIP,RAL  -  Preparation  -  Follow-up  - 
Reporting  

PROGRAMME  :  RECEPTION,  SELECTION  AND  AWARD  OF  PROJECTS,  FINANCIAL  AND  LEGAL 
COMMITMENTS 

9 

10 

11 

12 

13 

Preparation Calls for proposals 

Reception 
evaluation 
and 
proposals/multi-annual  and  annual 
programmes 

Award decisions 

Financial Commitment 

(also involves staff involved in 12,13,14 and 15) 

Preparation, maintenance and closure of all financial 
commitments + sub consequent amendments 

Legal Commitment 

Preparation,  Signature,  Closure  of  all 
commitments + sub consequent amendments 

juridical 

PROGRAMME : MONITORING OF PROJECTS  

14 

Payments - Initiation 

Preparation  and  Processing  of  all  Prefinancing, 
Intermediate 
(including 
verification supporting docs) 

and  Final  Payments 

15 

Project Monitoring 

Receipt  and  assessment  of  reports  ,  requests  for 
information, project visits 

PROCUREMENT, CONTROL AND AUDIT 

16 

17 

18 

Ex-  ante  verification  of  transactions, 
setting up of control standards 

Setting up appropriate control standards 

Financial Audit  

Ex-post Audit of expenditure / implementation 

Internal audit 

Verification of compliance with ICS 

19 

Procurement procedures 

20 

Reporting 

SUPPORT SERVICES 

procedures 

Drafting, 
of 
procurement  procedures  for  projects  and  technical 
assistance  (evaluation,  studies,…)  ,  including  JPC, 
Helpdesk procurement procedures 

authorisation 

and 

Report  of  Authorising  Officer,  RAA,  relations  with 
Court of Auditors… 

21 

22 

23 

OVERHEAD 

Filing and Archiving 

Database, digital and hardcopy filing 

Programme Evaluation 

Ex ante - Mid term - Final evaluation 

IT Support 

Specific  development  of 
monitoring and implementation 

IT  Tools 

related 

to 

24 

Administration (Overhead) 

CIS, Translations, HRM, Logistics,… 

1 

0,5 

1,5 

9 

0,5 

1,5 

4 

3 

4 

2 

2 

1 

2 

1 

1 

1,5 

2 

9 

54 

TOTAL 

EN 

111 

   EN 

 
  
  
  
  
  
  
  
  
8.2.3. 

Sources of human resources (statutory 

) 

(When more than one source is stated, please indicate the number of posts originating from 
each of the sources) 

Posts currently allocated to the management of the programme to be replaced 

(cid:133) 
or extended 

(cid:133) 

(cid:133) 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 

(cid:133) 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 

(cid:133) 
year in question 

8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

EUR million (to 3 decimal places) 

Budget line 
(number and heading) 

1 Technical and 
administrative 
assistance (including 
related staff costs) 
Other technical and 
administrative 
assistance 
- intra muros  

- extra muros 
Development IT and 
other management tools 
Studies 

Evaluation and Impact 
Assessment 

Publications;external 
evaluations 
Expert meetings 
Total 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

TOTAL 

0,850 
0,100 

1,100
0,100

0,650
0,100

1,300
0,110

1,150
0,100

1,410 
0,120 

1,450
0,150

7,910
0,780

0,100 

0,100

0,100

0,230

0,100

0,200 

0,300

1,130

0,100 
0,050 
1,200 

0,150
0,050
1,500

0,100
0,050
1,000

0,100
0,060
1,800

0,100
0,050
1,500

0,110 
0,060 
1,900 

0,200
0,100
2,200

0,860
0,420
11,100

EN 

112 

   EN 

 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
8.2.5 

Financial cost of human resources and associated costs not included in the reference 
amount 

EUR million (to 3 decimal places) 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

Total 

3,294 

3,564 

3,888

4,212

4,536

4,806 

4,806 

29,106

0,756 

0,756 

0,864

0,918

0,972

1,026 

1,026 

6,318

4,050 

4,320 

4,752

5,130

5,508

5,832 

5,832 

35,424

Type of human 
resources 

Officials 
temporary 
(XX 01 01) 

and 
staff 

Staff  financed  by 
Art  XX  01  02 
(auxiliary,  END, 
contract 
staff, 
etc.) 

(specify budget 
line) 

1Total cost of 
Human 
Resources and 
associated costs 
(NOT in 
reference 
amount) 

Calculation– Officials and Temporary agents 

Reference should be made to Point 8.2.1, if applicable 

Each FTE rated at 108.000 € per FTE. 

Calculation– Staff financed under art. XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

Each FTE rated at 108.000 € per FTE. 

EN 

113 

   EN 

 
 
 
 
8.2.6 Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

TOTAL 

0,050 

0,054 

0,055

0,056

0,057

0,059 

0,060 

0,391

0,150 

0,162 

0,179

0,183

0,187

0,190 

0,194 

1,245

0,070 

0,076 

0,077

0,079

0,080

0,082 

0,084 

0,548

0,300 

0,325 

0,331

0,338

0,345

0,351 

0,359 

2,348

0,100 

0,108 

0,110

0,113

0,115

0,117 

0,120 

0,783

0,670 

0,725 

0,753

0,768

0,784

0,799 

0,815 

5,316

4,720 

5,045 

5,505

5,898

6,292

6,631 

6,647 

34,092

XX  01  02  11  01  – 
Missions 

XX  01  02  11  02  – 
Meetings 
& 
Conferences 

XX  01  02  11  03  – 
Committees 

XX  01  02  11  04  – 
Studies & consultations 

XX  01  02  11  05  - 
Information systems 

 2Total  Other 

Management 
Expenditure (XX 01 
02 11) 

3 

Other 
expenditure  of  an 
administrative 
nature 
(specify 
including  reference  to 
budget line) 

Total 
Administrative 
expenditure, other 
than human 
resources and 
associated costs 
(NOT included in 
reference amount) 

EN 

114 

   EN 

 
 
 
 
  
  
  
  
  
  
  
  
  
  
 
Calculation - Other administrative expenditure not included in reference amount 

Missions  

20*1000 + 10*3000 

50.000

2007 

Meetings & Conferences 

5*30000 

150.000

Compulsory 
meetings 

2*15000 

30.000

Non-compulsory meetings 

1*40000 

40.000

Studies & consultations 

2*150000  

300.000

Information 
systems 

1*100000  

100.000

EN 

115 

   EN