Communication from the Commission to the Council and the European Parliament Establishing a framework programme on “Security and Safeguarding Liberties” for the period 2007-2013 {SEC(2005) 436}
Date: 2005-04-06
Institutions: European Commission
Subjects: EU programme, European security, fight against crime, protection of freedoms

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.4.2005 
COM(2005) 124 final 

2005/0034 (CNS) 
2005/0035 (CNS) 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

Establishing a framework programme on “Security and Safeguarding Liberties”  
for the period 2007-2013 

Proposal for a 

COUNCIL DECISION 

Establishing the specific Programme “Prevention, Preparedness and Consequence 
Management of Terrorism”, 
for the Period 2007-2013 

General Programme “Security and Safeguarding Liberties” 

Proposal for a 

COUNCIL DECISION 

Establishing the specific Programme “Prevention of and Fight against Crime” for the 
Period 2007-2013, 

General Programme “Security and Safeguarding Liberties”  

(presented by the Commission) 

{SEC(2005) 436} 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

Establishing a framework programme on “Security and Safeguarding Liberties”  
for the period 2007-2013 

The  Communication  establishing  a  Framework  programme  on  “Security  and  safeguarding 
Liberties” 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 to 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  supported  by  a  Framework  programme,  providing  for  the  necessary  coherence 
between relevant 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  

In its Communications setting out its strategic orientations for the definition of the Financial 
Perspectives 2007-20131, the Commission has already highlighted the objective of supporting 
the  development  of  the  area  of  Freedom,  Security  and  Justice  with  adequate  financial 
resources,  to  be  included  in  a  new  Heading  relating  to  “Citizenship,  Freedom,  Security  and 
Justice”.  In  accordance  with  the  objectives  set  out  by  the  European  Council,  the  proposed 
framework programme ‘Security and Safeguarding Liberties’ would respond to the challenges 
indicated above. 

Freedom  can  only  be  enjoyed  within  a  framework  of  personal  security  provided  by  law.  In 
particular,  citizens’  liberties  and  rights  can  only  be  guaranteed  if  they  are  sufficiently 
protected from criminal acts, which do not only threaten the freedom and rights of individuals 
but also the democratic society and the rule of law.  

While Member States are taking their responsibility to ensure freedom and security for all in 
an  area  of  Freedom,  Security  and  Justice,  European  institutions  must  also  contribute  to 
tackling the security risks faced by citizens in their daily life. The protection of the life and 
the property of citizens is a core task giving legitimacy to public power and public policies, 
and citizens expect that threats to their health and safety will also be countered at European 
level. Moreover, freedom in a borderless Europe gives the Union a special responsibility. 

1 

Communication  from  the  Commission  to  the  Council  and  the  European  Parliament.  Building  our 
common  future  –  policy  challenges  and  budgetary  means  of  the  enlarged  Union  2007-2013  - 
COM(2004)  101,  10.2.2004;.Communication  from  the  Commission  to  the  Council  and  the  European 
Parliament. Financial perspectives 2007-2013 - COM(2004) 487, 14.7.2004. 

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The threats of terrorism and other forms of crime potentially affect every single citizen in the 
Union. Terrorist acts do concern the European Union as a whole, and not only the particular 
country  where  they  occur,  as  they  are  attacks  against  the  values  on  which  the  Union  is 
founded. While organised crime and terrorism, have long been identified as key threats for the 
European  security  environment  (for  instance,  in  the  European  Security  Strategy  of  12 
December 2003), the responsibility of the Union extends to improving the prevention of, and 
the fight against crime in general. Article 29 of the Treaty on European Union contains a clear 
mandate  for  the  Union  to  provide  citizens  with  a  high  level  of  security,  by  preventing  and 
combating  crime,  organised  or  otherwise,  in  particular  terrorism,  trafficking  in  persons  and 
offences  against  children,  illicit  drug  trafficking  and  illicit  arms  trafficking,  corruption  and 
fraud  through  closer  cooperation  between  police  forces,  customs  authorities  and  other 
competent authorities. 

The  identification  of  a  strong  need  for  numerous  actions  in  this  policy  area  has  launched  a 
process  under  which  the  Union’s  role  has  constantly  increased.  The  work  carried  out  under 
the  so-called  Vienna  action  plan2  and  the  orientations  given  by  the  Tampere  European 
Council  of  1999  has  been  successful.  While  the  Union  used  to  focus  on  legislative  action 
during the establishment phase of the area of freedom, security and justice, complemented by 
financial support on a rather small scale, the work of the Union in this area should now enter 
into a phase in which operational concerns are more predominant. Particularly with regard to 
terrorist  threats,  security  issues  have  acquired  a  new  urgency,  thus  requiring  a  more 
operational and comprehensive approach. 

On the basis of The Hague Programme adopted by the European Council in November 2004, 
and with a view to the Treaty establishing a Constitution for Europe, prevention of and fight 
against  terrorism  and  other  forms  of  crime  on  a  European  level  will  need  to  be  further 
reinforced  and  extended.  This  must  include  reinforcement  and  streamlining  of  Member 
States’  efforts,  putting  more  emphasis  on  sound  application  of  legislative  and  political 
measures. European added-value of interventions in this field can be achieved, in particular, 
by  the  Union  acting  as  a  catalyst:  EU  funded  cooperation  raises  awareness  of  common 
challenges  and  threats  and  other  shared  issues  and  values  between  Member  States,  thus 
facilitating the emergence of common approaches in fields traditionally very close to national 
sovereignty.  Furthermore,  financial  support  can  ensure  a  fair  sharing  of  responsibilities 
between Member States to reinforce solidarity among them and bring overall benefits in terms 
of the value for money offered by an EU-wide approach. 

2. 

THE  PROPOSED  FRAMEWORK  PROGRAMME  ON  SECURITY  AND  SAFEGUARDING 
LIBERTIES 

2.1. 

Objectives and structure of the programme 

To  respond  to  the  challenges  outlined  above,  it  is  proposed  to  establish  a  framework 
programme  on  “Security  and  Safeguarding  Liberties”.  The  key  objective  of  the  framework 
programme  is  “to  ensure  an  effective  operational  cooperation  in  the  fight  against  terrorism, 
including  its  consequences,  organised  crime  and  general  crime,  to  support  the  provision  of 
intelligence on a European scale and to strengthen the prevention of crime and terrorism, in 
order to promote secure societies based on the rule of law”. 

2 

OJ C 19, 23.1.1999, p. 1. 

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Based on The Hague programme and on further analysis of future needs in the security area, 
the  Commission  concludes  that  the  following  specific  objectives  should,  in  particular,  be 
pursued under the framework programme:  

– 

– 

– 

First,  financial  interventions  should  continue  to  promote  and  develop  coordination, 
cooperation  and  mutual  understanding  among  law  enforcement  agencies,  other 
national  authorities  and  related  EU  bodies.  Within  these  core  activities,  particular 
attention will have to be given to improved availability, exchange and management 
of  information  and  intelligence  for  law  enforcement,  complemented  by  adequate, 
sound  and  transparent  measures  on  data  protection.  This  would  contribute  to  the 
quality and efficiency of law enforcement across Member States Another important 
element  will  be  the  evaluation  of  existing  and  future  political  and  legislative 
measures on EU level, including their application and efficiency. 

Second,  more  emphasis  should  be  put  on  promoting  and  developing  public-private 
partnerships  and  strategies  on  crime  prevention,  statistics  and  criminology,  and  on 
protection  of  crime  victims  and  witnesses.  In  this  vein,  key  requirements  will  be  a 
constructive  dialogue  among  public  and  private  stakeholders  (e.g.  law  enforcement 
agencies,  administration,  business  and  victim  related  organisations),  a  sound 
statistical basis and a better understanding of criminological phenomena. In order to 
develop  a  comprehensive,  appropriate  and  balanced  response  to  various  forms  of 
crime,  crime  prevention  in  the  long  run  should  become  a  horizontal  area,  i.e.  an 
integrated  element  of  the  definition  and  implementation  of  other  policies,  in  all 
Member States. 

Third, there is an increasing need for a coordinated approach across Member States 
towards  prevention,  preparedness,  crisis  and  consequence  management  with  regard 
to  potential  and  actual  terrorist  threats.  On  preparedness,  the  programme  aims  in 
particular  at  promoting,  supporting  and  evaluating  an  exchange  of  know-how, 
experience  and  standards  for  the  protection  of  critical  infrastructure,  particularly 
through  risk  and  needs  assessments  and  the  development  of  common  security 
standards.  On  crisis  and  consequence  management,  the  programme  aims  at 
developing,  implementing  and  promoting  effective  and  integrated  EU  crisis-
management arrangements, ensuring immediate and effective information exchange 
and cooperation among law enforcement, security and civil protection agencies. 

These objectives have different legal bases in the Treaties. On the one hand, law enforcement, 
police  cooperation  and  crime  prevention  in  general  are  subject  to  Title  VI  of  the  Treaty  on 
European  Union  (Articles  29-42).  On  the  other  hand,  preparedness  and  consequence 
management  with  regard  to  terrorist  attacks  are  to  be  considered  a  specific  strand,  which  is 
complementary to general civil protection measures, which is a matter to be dealt with under 
the Treaty establishing the European Community (Article 3(1)(u)). Given these fundamentally 
different legal regimes, the framework programme will have to be composed of two different 
legal instruments.  

The first legal instrument will cover the prevention of and the fight against crime, and will be 
based  on  Articles  30  and  34(2)(c)  of  the  Treaty  on  European  Union.  This  programme  will 
focus  on  three  thematic  areas:  law  enforcement,  crime  prevention  and  criminology,  and 
protection  of  witnesses  and  victims.  The  second  legal  instrument  will  deal  with  prevention, 

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preparedness and consequence management of terrorist attacks, and will be based on Article 
308 of the Treaty establishing the European Community3.  

The  Commission  has  recently  presented  detailed  strategies  and  proposals  on  many  of  these 
areas. In particular, reference can be made here to the four Commission Communications on 
terrorism  of  20  October  20044,  to  the  Communications  on  exchange  of  information  and 
cooperation on terrorist offences5, on enhancing police and customs cooperation in the EU6, 
and towards enhancing access to information by law enforcement agencies7. The Commission 
has also sought advice from experts and Member States in various expert meetings on related 
themes and will continue to do so. 

2.2. 

European added-value 

The  framework  programme  Security  and  Safeguarding  Liberties  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  application  in  a 
uniform  way  through  Europe,  promoting  co-operation  and  co-ordination  mechanisms  and 
developing public-private partnerships. 

A  set  of  common  evaluation  criteria  will  be  used  across  all  strands  to  evaluate  EU  added 
value in relation to the type of effect sought after in the interest of secure societies under this 
framework programme. Examples of these criteria are: 

–  to support only activities needed at European level to sustain European Union objectives, 

European Union laws and European Union implementation mechanisms; 

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

–  to  reinforce  national  exchanges  at  European  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. 

2.3. 

Complementarity with other instruments and policy measures 

With a view to benefiting from synergy effects, the framework programme will complement 
the  activities  of  the  agencies  in  the  area  of  Freedom,  Security  and  Justice.  The  EU  Police 

3 

4 

5 
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7 

Certain Community measures, such as the Council Decision establishing a Community mechanism to 
facilitate reinforced cooperation in civil protection assistance interventions (OJ L 297, 15.11.2001) have 
been based on this Article. 
Communications  COM(2004)  698  on  prevention,  preparedness  and  response  to  terrorist  attacks, 
COM(2004)  700  on  financing  of  terrorism,  COM(2004)  701  on  preparedness  and  consequence 
management, and COM(2004) 702 on critical infrastructure protection. 
COM(2004) 221. 
COM(2004) 376. 
COM(2004) 429. 

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Office Europol will play an increasing role both in the prevention, detection and investigation 
of crime including terrorism.  Its  financial resources might in the  near future be drawn  from 
the Community budget. Transnational and national projects under the programme Prevention 
of and Fight Against Crime will be required to reinforce and complement Europol’s activities 
instead  of  duplicating  efforts,  in  accordance  with  the  annual  work  programmes  under  the 
framework  programme’s  two  instruments  and  the  general  award  criteria  which  aim  at 
European added value. It goes without saying that Commission actions under the framework 
programme  will  fully  respect  Europol’s  responsibilities.  Corresponding  principles  will  be 
applied  to  training  measures  under  the  programmes  with  respect  to  the  activities  of  the 
European  Police  College  (CEPOL),  which  is  foreseen  to  be  financed  from  the  Community 
budget. 

Furthermore, full complementarity with other Community programmes will be ensured. The 
future 7th Framework Programme on Research & Technological Development will allow for 
a  widespread  support  to  security  research,  including  on  thematic  areas  such  as  law 
enforcement, prevention of terrorism or organised crime, and on protection of privacy and of 
critical  information  infrastructure.  While  security  research  projects  under  the  7th  R&D 
Framework  Programme  will  focus  on  technologies  (from  basic  research  to  pre-competitive 
research), “soft” research will also be covered (e.g. on socio-economic matters). In contrast, 
the  framework  programme  Security  and  Safeguarding  Liberties  will  focus  on  funding  of 
specific,  target-oriented  studies,  on  issues  such  as  policy  support,  and  the  application, 
implementation  or  adaptation  of  technologies  for  this  purpose.  In  certain  cases,  concrete 
responses to specific needs are required in the short term in order to implement a specific and 
concrete  policy  project.  Therefore,  the  framework  programme  Security  and  Safeguarding 
Liberties  will  finance  a  limited  number  of  activities  directly  aiming  at  putting  into  place 
concrete  policy  projects  including  research.  Statistics  on  crime  will  be  developed  in 
collaboration  with  Member  states,  using  where  necessary  the  Community  Statistical 
Programme. 

With regard to relief in emergency situations, the Commission has proposed a Solidarity Fund 
and a Rapid Response and Preparedness Instrument for major emergencies8, to make possible 
a  common  approach  to  major  emergency  situations.  The  scope  of  both  instruments  will 
include  immediate  response  (e.g.  deployment  of  resources  to  combat  a  disaster),  financial 
assistance  to  cope  with  emergency  situations  in  the  aftermath  of  a  crisis  and,  to  a  limited 
extent, general preparedness. While these new instruments will provide a Community funding 
regarding  major  emergency  situations  in  general,  a  specific  strand  of  the  framework 
programme  Security  and  Safeguarding  Liberties  will  specifically  aim  at  prevention, 
preparedness and consequence management of terrorist threats.  

On terrorism, there is a need for a specific security setting and expertise which goes beyond 
general safety and civil protection concepts. For instance, the vulnerability of infrastructure to 
terrorist attacks needs to be assessed under specific security terms and standards, which need 
to  be  developed  in  addition  to  general  safety  standards.  In  this  vein,  the  programme 
Prevention, Preparedness and Consequence Management of Terrorism focuses on threat and 
risk assessments, analysing what needs to be added to general safety mechanisms in order to 
protect  critical  infrastructure  effectively  against  terrorist  attacks,  and  developing  specific 
contingency  plans9.  To  a  limited  extent,  the  programme  will  permit  support  for  innovative 

8 
9 

COM(2004) 487, 14.7.2004, p. 22. 
See Communication COM(2004)702 on critical infrastructure protection. 

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measures  with  a  potential  for  transferability  to  the  EU  level  or  to  other  Member  States. 
However, it will mainly be the responsibility of the Member States to upgrade the security of 
their infrastructure according to the identified needs, where appropriate with support from the 
structural  funds  or  certain  sectoral  programmes  (e.g.  in  the  area  of  transport,  energy,  public 
health  or  environment).  The  specific  objectives  of  the  programme  Prevention,  Preparedness 
and  Consequence  Management  of  Terrorism  avoid  overlapping  with  such  general 
mechanisms. 

The framework programme and its two instruments rather aim at improving internal security. 
In accordance with the proposed structure of the financial framework, the external dimension 
will  not  be  included  in  the  framework  programme  Security  and  Safeguarding  Liberties. 
Cooperation  with  third  countries  will  be  duly  taken  into  account  under  Heading  4  of  the 
proposed  financial  framework,  through  the  implementation  of  external  aid  instruments 
presented  by  the  Commission  in  September  2004.  Linkages  between  external  and  internal 
security  will  be  incorporated  into  the  two  proposed  instruments  under  the  framework 
programme, e.g. through the possibility for third countries and international organisations to 
participate in the projects. 

3. 

RATIONALISATION AND SIMPLIFICATION  

3.1. 

Building on existing instruments 

The evaluations of the actions that the EU has been supporting over the years in these areas 
fully  recognise  the  need  to  pursue  them  as  they  tackle  specific  and  real  problems  and 
contribute to deal with them in a positive way, complementary to the national actions being 
developed  in  the  same  areas.  However,  these  evaluations  have  also  identified  several 
weaknesses that need to be faced so that EU 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  efficient  enough  to 
achieve the objectives and to maximise the use of the existing human and financial resources. 
Being  implemented  in  a  completely  separate  way,  these  programmes  do  not  maximise  real 
synergies  and  may  even  create  unnecessary  overlaps.  Finally,  to  achieve  the  best  possible 
results there is a need to reassess the objectives, the type of interventions and the scale of each 
programme.  

The framework programme will build on lessons learnt from existing interventions on these 
fields,  in  particular  on  experience  from  the  existing  framework  programme  on  police  and 
judicial cooperation in criminal matters (AGIS)10 and its predecessors. 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.  Nevertheless,  the  new  financial 
perspectives,  the  Hague  programme  and  the  Treaty  establishing  a  Constitution  for  Europe 
give  rise  to  a  strategic  reorientation  of  the  relevant  financial  programmes.  In  this  vein,  the 
programme  Prevention  of  and  Fight  against  Crime  will  replace  the  AGIS  programme  from 
2007 on. 

10 

Council Decision of 22 July 2002 - OJ L 203, 1.8.2002, p. 5. 

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With  regard  to  the  strand  on  Prevention,  Preparedness  and  Consequence  Management, 
preparatory  action  is  about  to  be  taken  under  a  pilot  project  on  fight  against  terrorism.  The 
pilot project is supposed to start in 2005, aiming inter alia at improved communication among 
national authorities on prevention, preparedness and response to terrorist attacks, particularly 
to  attacks  with  cross-border  effects,  at  capacity  building  and  technological  enhancement  of 
public  actors,  and  at  a  public-private  security  dialogue.  The  future  programme  Prevention, 
Preparedness  and  Consequence  Management  of  Terrorism  will  largely  develop  this 
preparatory action. 

3.2. 

Common management arrangements 

The purpose of establishing a framework programme in this area is to simplify and rationalise 
the framework both in financial, legal and management terms, to streamline budget structure, 
to increase coherence and consistency among programmes and to avoid duplication of efforts. 
The  two  specific  programmes  will  be  based  on  common  features  as  concerns  the  delivery 
mechanism:  they  will  be  managed  by  the  Commission  (in  principle,  direct  centralised 
management),  assisted  by  a  comitology  committee;  the  types  of  actions  (Commission, 
transnational and national projects) and of intervention will be aligned, as well as the criteria 
of eligibility.  

While  the  two  specific  programmes  will  be  managed  centrally,  the  use  of  indirect  central 
management  at  a  later  stage  is  not  excluded11.  Alternative  delivery  mechanisms  such  as 
shared  management  have  been  examined  in  detail  but  were  not  cost-effective  given  the 
relatively small amounts involved. The harmonisation and the simplification of the procedures 
obtained  by  the  integration  of  the  strands  into  a  single  structure  will  also  allow  for 
rationalisation.  For  example,  a  rationalisation  of  the  monitoring  and  evaluation  procedures 
will allow for better outcomes and will facilitate transfer of good practices.  

As  far  as  appropriate,  common  features  have  also  been  developed  with  the  other  two 
framework  programmes  regarding  the  area  of  freedom,  security  and  justice  (Fundamental 
Rights and Justice, and Solidarity and Management of Migration Flows). Altogether, the three 
framework programmes form a consistent “package” of measures. 

On  the  whole,  compared  to  the  current  situation  presented  above,  the  new  framework 
programme  represents  an  important  step  in  terms  of  simplification,  scope  of  action  and 
flexibility. For instance, it will offer the following advantages:  

– 

– 

the  framework  programme  will  combine  all  activities  related  to  law 
enforcement  and  crime  prevention  in  a  wider  sense,  including  policing, 
intelligence, crime proofing, awareness raising, witness and victim protection, 
preparedness  and  consequence  management  (accordingly,  judicial  activities 
related to civil and criminal matters and fundamental rights will be combined 
in the framework programme Fundamental Rights and Justice);  

this  allows  for  a  concentration  of  resources  and  reduction  of  budget  lines,  as 
well as for increased transparency and the possibility to better assess the added 
value of actions taken; 

11 

Should this be the case for several programmes related to the area of freedom, security and justice, if 
possible implementation tasks for those programmes should be concentrated in one executive agency.  

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– 

– 

– 

– 

– 

– 

the  conditions  and  modalities  of  funding  in  this  area  will  be  fully  aligned, 
which  will  increase  cost-effectiveness,  clarity  and  user-friendliness,  facilitate 
priority setting and evaluation; 

there  will  be  a  possibility  of  supporting  innovative  projects  within  Member 
States  with  a  potential  for  transferability  to  the  EU  level,  thus  providing  a 
leverage  effect;  Member  States  will  also  have  a  possibility  to  express  certain 
priorities for national projects; 

the conditions and modalities of funding both for Commission projects and for 
co-funding will be clarified and simplified (e.g. on transnational projects, fewer 
partners will be necessary); 

comitology  provisions  will  be  simplified  and  aligned  with  other  Community 
programmes;  

the rules on monitoring and protection of the Community’s financial interests 
will be strengthened and clarified; 

particularly  the  framework  on  consequence  management  and  preparedness  to 
terrorist threats will be reinforced significantly. 

Finally,  the  framework  programme  has  also  been  designed  with  a  view  to  the  Treaty 
establishing a Constitution for Europe. The Constitution will remove legal frictions resulting 
from  the  “pillar”-structure  of  the  current  Treaties  and  clarify  and  strengthen  the  legal 
foundations  for  actions  in  the  fields  of  crime  prevention  (Article  III-272),  law  enforcement 
cooperation  (Articles  III-275)  and  civil  protection  (Article  III-284),  so  that  it  might  be 
possible  to  achieve  further  synergy  effects,  including  with  the  relevant  agencies.  However, 
after the coming into force of the Constitution, no significant changes will be necessary to the 
two legal instruments of the framework programme on Security and Safeguarding Liberties. 

4. 

FINANCIAL RESOURCES 

The  overall  amount  foreseen  for  the  framework  programme  Security  and  Protection  of 
Liberties  is  745  million  euro  for  the  period  2007-2013  (in  current  prices).  Within  this 
envelope, 597.6 million euro are foreseen for the programme Prevention of and Fight Against 
Crime and 137.4 million euro for the programme Prevention, Preparedness and Consequence 
Management  of  Terrorism.  Within  the  reference  amount,  EUR  10  million  are  added  for 
administrative expenditure. 

In addition, for Europol an amount of 554.4 million euro is foreseen for the period 2007-2013, 
while the amount foreseen for CEPOL is 64.4 million euro for the same period. 

These  indicative  amounts  have  been  estimated  on  the  basis  of  the  needs  identified  as 
described above. Where lessons can be drawn from existing actions and programmes related 
to  security  issues  it  has  been  taken  into  account.  Given  the  fact  that  a  large  part  of  the 
activities to be financially supported refers to relatively new domains in the European context, 
a  rather  cautious  approach  has  been  taken.  As  concerns  national  projects,  in  particular,  the 
programmes  start  with  rather  modest  initial  funding.  In  order  to  provide  sufficient  time  for 
competent national bodies to prepare for the presentation of innovative national projects, it is 
proposed to back-load a considerable part of the financial resources towards the second half 

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of the time period. After a mid-term review, which is scheduled for the year 2010, the share of 
innovative  projects  within  Member  States  can  be  increased  considerably.  In  any  case, 
compared  to  related  measures  taken  under  the  structural  funds  the  amounts  estimated  are 
relatively  low.  Support  for  capacity  building  will,  therefore,  only  be  possible  to  a  limited 
extent. Where needs for large-scale capacity building or infrastructure are identified, the use 
of  “general”  funds  aimed  at  cohesion,  regional  development,  or  research  and  technological 
development, might have to be considered.  

5. CONCLUSIONS 

The  new  financial  perspectives,  The  Hague  programme  for  strengthening  freedom,  security 
and justice in the EU, and the upcoming ratification of the Treaty establishing a Constitution 
for Europe will lead to a re-structuring of the current legal and financial framework in the area 
of internal security.  

The  proposed  framework  programme  will  streamline,  simplify  and  rationalise  financial 
interventions  in  the  security  area.  It  enables  the  Union  to  take  the  necessary  steps  for 
protecting effectively the rights and liberties of its citizens against terrorism and other forms 
of  crime.  The  framework  programme  is  composed  of  two  aligned  and  complementary  legal 
instruments which provide a sound legal and financial framework and the necessary flexibility 
to cope with new challenges ahead. Together with the framework programmes Fundamental 
Rights  and  Justice,  and  Solidarity  and  the  Management  of  Migration  Flows,  it  will  be  an 
appropriate  basis  for  maintaining  and  developing  the  Union  as  an  area  of  freedom,  security 
and justice. 

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ANNEX  

Establishing a framework programme on Security and Safeguarding Liberties 
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  which  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 :  

•  The  European  Police  College  (CEPOL),  which  is  expected  to  be  transformed  into  a 
European Union body according to the Proposal for a Council decision submitted by the 
Commission  on  1  October  2004  -  COM(2004)  623.  The  European  Police  College  is 
currently funded intergovernmentally. 

•  On the entry into force of the Constitution, the Commission would take steps to transform 
the  European  Police  Office  Europol,  currently  intergovernmental,  into  an  EU  body  with 
Community financing 

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 
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»12  and  « Financial  Perspectives  2007  –  2013 »13,  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 

Within its objective of maintaining and developing the Union as an area of freedom, security 
and  justice,  the  Union  is  committed  to  providing  citizens  with  a  high  level  of  security  by 
developing  actions  for  preventing  and  combating  terrorism.  The  identification  of  a  strong 
need for numerous actions in this policy area has led to a process under which the Union’s 
role has been constantly increasing. In addition to various measures taken in the area of law 
enforcement,  efforts  on  prevention,  preparedness  and  consequence  management  need  to  be 
reinforced.  

In  its  Declaration  on  solidarity  against  terrorism  of  25  March  2004,  the  European  Council 
held  that  further  action  was  needed  to  enhance  the  capability  of  the  Union  and  its  Member 
States to deal with the consequences of terrorist attacks and to alleviate the consequences of 
attacks  on  the  civilian  population.  In  its  conclusions  on  the  fight  against  terrorism  in  June 
2004,  the  European  Council  invited  the  Council  and  the  Commission  “to  assess  the 
capabilities  of  Member  States  both  in  preventing  and  coping  with  the  consequences  of  any 
type  of  terrorist  attack,  to  identify  best  practices  and  to  propose  the  necessary  measures. 
Existing  cooperation  on  civil  protection  should  be  enhanced,  reflecting  the  will  of  Member 
States to act in solidarity in the case of terrorist attack in any Member State or in the case of 
attack against EU citizens living abroad”. This work is currently being taken forward within 
the framework of the Community Civil Protection Mechanism, which focuses specifically on 
the civil protection aspects and addresses the immediate consequences of major emergencies 
irrespective of their nature. 

12 
13 

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

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In  response,  the  Commission  adopted  on  20th  October  2004  three  Communications  on 
prevention, preparedness and response to terrorist attacks, on preparedness and consequence 
management in the fight against terrorism, and on protection of critical infrastructure.  

The  Council  referred  to  these  Communications  in  its  Conclusions  on  Prevention, 
Preparedness  and  Response  to  Terrorist  attacks  which  were  adopted  on  2nd  December  2004 
including the EU Solidarity Programme on the Consequences of terrorist threats and attacks. 
The  EU  Solidarity  Programme  replaces  a  previous  programme  on  CBRN  (chemical, 
biological, radiological and nuclear terrorist threats). 

The  Council  concluded  that  the  Commission  will  set  up  within  the  existing  structures  an 
integrated EU arrangement for managing crises with cross border effects within the EU. The 
“ARGUS”  system  will  be  the  logistical  interface  that  will  ensure  rapid  information  flow 
between all existing rapid alert systems aimed at maximising safety and security, including a 
network  of  law  enforcement  authorities.  A  Crisis  Centre  will  be  established  in  the 
Commission,  which  would  coordinate  efforts  so  as  to  evaluate  the  practicable  options  for 
action  and  to  decide  on  the  appropriate  response  measures  during  a  crisis.  A  critical 
infrastructure  warning  information  network  (CIWIN)  will  be  set  up  as  part  of  the 
establishment of a European Programme for the Protection of Critical Infrastructure (EPCIP) 
and  will  also  be  linked  to  ARGUS.  The  Council  underlined  the  need  for  an  integrated, 
security-oriented approach. Regarding critical infrastructure, the Council referred particularly 
to risk and threat assessments, detection and identification of terrorist threats. On the whole, a 
more comprehensive, integrated and operational approach on security issues is needed, which 
goes hand in hand with re-allocating priorities for financial intervention. 

Moreover,  The  Hague  Programme  in  its  point  2.4  laid  down  clearly  that  “the  European 
Council  calls  for  the  Council  and the  Commission  to  set  up  within  their  existing  structures, 
while  fully  respecting  national  competences, 
integrated  and  coordinated  EU  crisis 
management  arrangements  for  crises  with  cross-border  effects  within  the  EU,  to  be 
established at the latest by 1 July 2006”. 

2.2. 

The way forward 

On  the  financial  side,  the  Commission’s  response  to  these  needs  and  requirements  is  a 
comprehensive  general  programme  on  Security  and  safeguarding  Liberties,  including  an 
instrument  on  prevention,  preparedness  and  consequence  management  of  terrorism,  which 
will aim at ensuring proper implementation of specific mechanisms as mentioned above and 
at  effective  protection  of  vulnerable  infrastructure  against  terrorism  threats.  Complementary 
to the latter instrument, the general programme comprises an instrument on Prevention of and 
Fight  against  Crime.  The  structure  of  both  specific  programmes  will  be  aligned  as  far  as 
possible. 

The  specific  programme  Prevention,  Preparedness  and  Consequence  Management  of 
Terrorism  will  concentrate  on  preventing  and  reducing  the  risk  of  a  terrorist  attack  and  on 
protecting  critical  infrastructure.  It  will  also  include  consequence  management  measures  to 
the extent that these are not covered by the Rapid Response Instrument in the event of major 
emergencies and that they support the EU as an area of Freedom, Security and Justice. It. will 
provide means for EU wide projects initiated and managed by the Commission, allow for co-
funding  of  transnational  projects  and  also  for  projects  within  Member  States  (national 
projects), to further stimulate innovations with a view to transferring the gained experience to 
the  transnational  and/or  EU  level.  In  particular,  the  type  of  national  projects  is  deemed  to 

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boost  modern  technology  and  methodology  on  prevention,  preparedness  and  consequence 
management  with  regard  to  terrorism.  As  the  civil  society  has  to  keep  up  with  increasingly 
sophisticated methods of terrorists, this additional step is essential. 

2.3. 

Objectives of the programme  

a) Definition of general, specific and operational objectives  

The  overall  objective  of  the  general  programme  Security  and  Safeguarding  Liberties  is  to 
guarantee citizens’ rights and liberties within an area of freedom, security and justice and to 
protect  them  against  criminal  acts,  which  can  threaten  both  individual  liberties,  democratic 
society  and  the  rule  of  law.  The  specific  programme  Prevention,  Preparedness  and 
Consequence Management of Terrorism shall contribute to protect citizens, their liberties and 
society against terrorist attacks and related incidents, and to safeguard the EU as an area of 
Freedom,  Security  and  Justice,  by  stimulating,  promoting  and  developing  measures  on 
preparedness and consequence management. 

On prevention and preparedness to terrorist attacks, the specific programme will aim at: 

– 

– 

– 

stimulating,  promoting,  and supporting risk and threat  assessments on  critical 
infrastructure,  including  evaluations  on  site,  to  identify  possible  targets  of 
terrorist attacks and possible needs for upgrading their security, 

promoting and supporting the development of common security standards, and 
an  exchange  of  know-how  and  experience  on  protection  of  critical 
infrastructure, 

promoting  and  supporting  EU  wide  co-ordination  and  cooperation  on  critical 
infrastructure protection. 

On consequence management regarding terrorist attacks, the specific programme will aim at: 

– 

– 

– 

stimulating, promoting and supporting exchange of know-how, experience and 
technology on the potential consequences of terrorist attacks,  

stimulating,  promoting  and  supporting 
methodology and contingency plans, and 

the  development  of 

relevant 

ensuring  real-time  input  of  specific  expertise  on  terrorism  matters  within 
overall crisis management, rapid alert and civil protection mechanisms. 

b) Complementarity/coherence with other instruments 

When preparing the specific programme, particular attention was given to ensure coherence, 
complementarity  and  synergy  with  other  programmes  financing  actions  in  neighbouring  or 
related policy fields, for which support must be provided under different Treaty bases.  

First,  the  specific  programme  is  complemented  by  a  second  instrument  under  the  general 
programme  Security  and  Safeguarding  Liberties,  the  specific  programme  Prevention  of  and 
Fight against Crime, which focuses on law enforcement and crime prevention in the sense of 
Title  VI  of  the  Treaty  on  European  Union.  Second,  complementarity  is  ensured  with  the 
corresponding  general  programmes  on  Fundamental  Rights  and  Justice,  and  Solidarity  and 

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management  of  migration  flows  as  concerns  such  issues  as  assistance  to  victims,  judicial 
cooperation in criminal matters and illegal immigration.  

Third,  the  programme  is  complementary  to  other  Community  programmes  such  as  the  new 
Rapid  Response  and  Preparedness  Instrument  for  major  emergencies,  the  Framework 
Programme on Research & Technological development, the new EU Solidarity Instrument14, 
or  the  structural  funds15.  Those  new  Instruments  will  provide  Community  funding  to  cope 
with major emergency situations in general, including immediate  response (e.g.  deployment 
of  resources  to  combat  a  disaster),  financial  assistance  to  cope  with  emergencies  in  the 
aftermath  of  a  crisis,  and  to  a  limited  extent  preparation  to  rapid  response.  To  this  general 
mechanism, the prevention, preparedness and consequence management strand of the general 
programme  Security  and  Safeguarding  Liberties  will  add  specific  measures  on  terrorist 
threats.  

In the area of terrorism, there is a need for a specific security setting and expertise which goes 
beyond  general  safety  and  civil  protection  concepts.  For  instance,  the  vulnerability  of 
infrastructure  to  terrorist  attacks  needs  to  be  assessed  under  specific  security  terms  and 
standards, which need to be developed in addition to general safety standards. In this vein, the 
specific  programme  Prevention,  Preparedness  and  Consequence  management  of  Terrorism 
focuses  on  threat  and  risk  assessments,  analysing  what  needs  to  be  added  to  general  safety 
mechanisms  in  order  to  protect  critical  infrastructure  effectively  against  terrorist  attacks,  or 
developing  specific  contingency  plans16.  It  is  then  mainly  the  responsibility  of  the  Member 
States  to  upgrade  the  security  of  their  infrastructure  according  to  the  identified  needs, 
supported if need be by the structural funds, or certain sectoral programmes (e.g. in the area of 
transport,  energy,  public  health  or  environment).  In  any  case,  the  specific  objectives  of  the 
instrument  on  Prevention,  Preparedness  and  Consequence  Management  of  Terrorism  avoid 
overlapping with such Community funding mechanisms. 

3. 

EVALUATION 

The  working  paper  of  the  Commission  presenting  the  ex-ante  evaluation  and  preliminary 
impact  assessment  of  the  specific  programme  Prevention,  Preparedness  and  Consequence 
Management of Terrorism 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 

In  the  absence  of  a  specific  provision,  Article  308  of  the  Treaty  establishing  the  European 
Community  is  the  appropriate  legal  basis  not  only  for  civil  protection,  but  also  for  related 
measures on prevention, preparedness and consequence management. 

14 

15 

16 

Commission  proposals  for  a  EU  Solidarity  Fund  -  COM(2005)  108  -,  and  for  a  Rapid  Response  and 
Preparedness Instrument for major emergencies - COM(2005) 113. 
See  also  the  Community  mechanism  to  facilitate  reinforced  cooperation  in  civil  protection  assistance 
intervention focuses on providing assistance intervention in the event of major emergencies, particularly 
accidents, Council Decision of 23 October 2001 - OJ L 297, 15 .11.2001, p. 7. 
See Communication COM(2004) 702 on critical infrastructure protection. 

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Under  the  current  Treaties,  the  procedure  for  the  adoption  of  legal  instruments  in  this  area 
differs  considerably  from  that  on  police  and  law  enforcement  cooperation  (the  latter  being 
subject to Title VI of the Treaty on European Union). Therefore, it is not possible to combine 
all relevant objectives of the general programme in one single legal instrument. This is why 
two instruments are being proposed: a specific programme on Prevention of and Fight against 
Crime  based  on  the  Treaty  on  European  Union17,  and  another  specific  programme  on 
Prevention,  Preparedness  and  Consequence  Management  of  Terrorism,  based  on  the  Treaty 
establishing the European Community. 

4.2. 

Actions defined within the programme 

The following different types of actions are envisaged: 

•  projects with a European dimension initiated and managed by the Commission, inter alia 
coordination  mechanisms  and  networks,  analytical  activities  including  studies  and 
activities aiming at developing solutions which are specifically related to concrete policy 
projects; 

•  transnational  projects  initiated  and  managed  by  at  least  two  Member  States  (or  one 
Member  State  and  an  applicant  country)  under  the  conditions  set  out  in  the  annual  work 
programmes;  

•  national  projects  within  Member  States  under  the  conditions  set  out  below  and  further 

conditions set out in the annual work programmes;  

It is foreseen that national projects will only be eligible as starter measures or complementary 
measures  (preparing  or  complementing  transnational  or  European  projects),  if  they  have  a 
potential for transferability of results to EU level or if they otherwise contribute considerably 
to developing a Union policy. 

4.3. 

Subsidiarity and proportionality 

The proposal respects the principles of subsidiarity and proportionality as set out in Article 5 
of  the  Treaty  establishing  the  European  Community  and  its  accompanying  Protocol.  As 
regards subsidiarity, the proposed programme does not attempt to intervene in the areas that 
are covered by national programmes developed by national authorities in each Member State 
but to focus on areas where added value on European level is to be expected. To this extent, 
the majority of the activity supported by the programme can be viewed as complementary to 
the national programmes and as seeking to maximise synergies from actions implemented by 
two or more Member States (which may include candidate countries).  

As  regards  proportionality,  the  proposal  has  been  designed  to  maximise  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.  

17 

COM (2005)….. 

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Following the guidelines indicated in the protocol on the application of both principles, it is 
clear that the issues which this programme intends to address have transnational aspects and 
therefore any action at Union level will be beneficial compared with actions at the level of the 
Member States. 

4.4. 

Policy instrument 

This  strand  of  the  general  programme  Security  and  Safeguarding  Liberties  will  be  directly 
managed by the Commission and will be implemented by two main types of action: calls for 
proposals to fund projects presented in the framework of the objectives envisaged and actions 
directly developed by the Commission in order to achieve the objectives mentioned but also 
to monitor and assess the results and to suggest adaptations and modifications if needed.  

4.5. 

Simplification and rationalisation 

The proposed approach will contribute to the key objective of simplifying instruments both in 
legal  and  management  terms  and  of  streamlining  the  budget  structure.  It  will  also  increase 
coherence  and  consistency  between  and  avoid  duplication  of  instruments.  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 are resource-
intensive)  and  regrouping  existing  programmes  into  a  single,  coherent  and  streamlined 
general  programme.  This  will  result  in  more  proportionality  between  expenditure  and 
associated administrative costs. 

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

The Commission may decide to entrust part of the budget implementation for the programme 
to an executive agency, referred to in Article 54(2)(a) of the Financial Regulation. This type 
of  agency  may  be  established  by  the  Commission  in  conformity  with  the  provisions  of  the 
Financial  Regulation  and  its  implementing  rules  as  well  as  Council  Regulation  (EC)  n° 
58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in 
the  management  of  Community  programmes.  Before  its  decision,  the  Commission  would 
establish  a  cost-benefit  analysis  identifying  the  tasks  justifying  outsourcing,  the  costs  of 
coordination  and  checks,  the  impact  on  human  resources,  possible  savings,  efficiency  and 
flexibility  in  the  implementation  of  outsourced  tasks,  simplification  of  the  procedures  used, 
proximity of outsourced activities to final beneficiaries, visibility of the Community and the 
need to maintain and adequate level of know-how inside the Commission. 

5. 

BUDGETARY IMPLICATIONS 

The overall amount foreseen for the general programme Security and Protection of Liberties 
is 745 million euro for the period 2007-2013 (in current prices). Within this envelope, 142.4 
million  euro  are  foreseen  for  the  specific  programme  for  the  programme  Prevention, 
Preparedness and Consequence Management of Terrorism.  

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6. 

CONCLUSION 

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 
that will be established once the Constitutional Treaty enters into force. 

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2005/0034 (CNS) 

Proposal for a 

COUNCIL DECISION 

Establishing the specific Programme “Prevention, Preparedness and Consequence 
Management of Terrorism”, 
for the Period 2007-2013 

General Programme “Security and Safeguarding Liberties” 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
308 thereof, and to the Treaty establishing the European Atomic Energy Community, and in 
particular Article 203 thereof, 

Having regard to the proposal from the Commission18, 

Having regard to the opinion of the European Parliament19, 

Having regard to the opinion of the European Economic and Social Committee20, 

Having regard to the opinion of the Committee of the Regions21, 

Whereas: 

(1) 

(2) 

(3) 

18 
19 
20 
21 
22 

Prevention,  preparedness  and  consequence  management  of  terrorism  are  essential 
aspects  of  the  objective  of  maintaining  and  developing  the  Union  as  an  area  of 
freedom, security and justice as provided for in Article 2, fourth indent, of the Treaty 
on European Union.  

The Community must take the necessary measures to prevent terrorists from attacking 
the values of democracy, the rule of law, open society and the freedom of our citizens 
and societies, and to limit the consequences of any attack wherever possible. 

The  Hague  Programme  set  up  by  the  European  Council  in  November  200422,  has 
called  for  integrated  and  coordinated  EU  crisis-management  arrangements  for  crises 
with cross-border effects within the EU. 

OJ C … 
OJ C … 
OJ C … 
OJ C … 
OJ C… (see Council doc 14292/04)  

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(4) 

(5) 

(6) 

(7) 

The  revised  European  Union  Plan  of  Action  on  Combating  Terrorism  as  adopted  by 
the  European  Council  of  17-18  June  200423,  identified  as  priority  issues,  among 
others,  the  prevention  and  consequence  management  of  terrorist  attacks,  and  the 
protection of critical infrastructures. 

On  2  December  2004,  the  Council  adopted  the  revised  European  Union  Solidarity 
Programme on the Consequences of Terrorist Threats and Attacks24, highlighting the 
importance  of  risk  and  threat  assessments,  protection  of  critical  infrastructure, 
mechanisms  for  the  detection  and  identification  of  terrorist  threats,  and  the  political 
and operational preparedness and capability for consequence management. 

The  Community  mechanism  to  facilitate  reinforced  cooperation  in  civil  protection 
assistance interventions25, established by Council Decision 2001/792/EC, Euratom of 
23 October 2001, addresses immediate response to all major emergencies, but has not 
been designed specifically for prevention, preparedness and consequence management 
of terrorist attacks.  

In  the  interest  of  efficacy,  cost-efficiency  and  transparency,  the  specific  efforts  on 
prevention,  preparedness  and  consequence  management  of  terrorism  should  be 
streamlined and financed by one single programme. 

(8)  With  regard  to  legal  certainty  and  coherence,  and  to  the  complementarity  with  other 
financial programmes, the terms “prevention and preparedness measures”, “crisis and 
consequence management” and “critical infrastructure” should be defined.  

(9) 

Commission  actions,  together  with  transnational  projects  where  appropriate,  are 
essential  to  achieve  an  integrated  and  coordinated  EU  approach.  In  addition,  it  is 
useful and appropriate to support projects within Member States to the extent that they 
can provide useful experience and knowledge for further actions at Community level, 
in particular inspections and risk and threat assessments.  

(10) 

It  is  also  appropriate  to  provide  for  third  countries  and international  organisations  to 
participate in transnational projects.  

(11)  Complementarity needs to be ensured with other Community and Union programmes 
such  as  the  EU  Solidarity  Fund  and  the  Response  and  Preparedness  Instrument  for 
major emergencies, the Community mechanism to facilitate reinforced cooperation in 
civil  protection  assistance  interventions,  the  Research  &  Development  Framework 
Programme and the structural funds. 

(12)  Since the objectives of this programme 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 the Community level, the Community may adopt measures in accordance 
with the principle of subsidiarity as set out in Article 5 of the Treaty establishing the 
European Community. 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. 

23 
24 
25 

OJ C…. (see Council doc 10679/2/04 REV 2 + ADD 1) 
OJ C… (see Council doc15480/04, 15232/04 REV 2) 
OJ L 297, 15.11.2001, p. 7. 

EN 

20 

   EN 

 
                                                 
(13)  The  expenditure  of  the  programme  should  be  compatible  with  the  ceiling  under 
Heading  3  of  the  financial  perspective.  It  is  necessary  to  foresee  flexibility  in  the 
definition  of  the  programme  to  allow  for  eventual  adjustments  in  any  envisaged 
actions, in order to respond to the evolution of needs in the course of the period 2007-
2013. The decision should, therefore, be limited to the generic definition of envisaged 
actions and their respective administrative and financial arrangements. 

(14)  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 
in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 
1995  on  the  protection  of  the  Communities’  financial  interests,26  and  (Euratom,  EC) 
No  2185/96  of  11  November  1996  concerning  on-the-spot  checks  and  inspections 
carried out by the Commission.27 

(15)  Council  Regulation  (EC,  Euratom)  No  1605/2002  of  25  June  2002  on  the  Financial 
Regulation  applicable  to  the  general  budget  of  the  European  Communities28  and 
Commission  Regulation  (EC,  Euratom)  No  2342/2002  of  23  December  2002  laying 
down detailed rules for the implementation of Council Regulation (EC, Euratom) No 
1605/200229, which safeguard 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. 

(16) 

In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying 
down  the  procedures  for  the  exercise  of  implementing  powers  conferred  on  the 
Commission,30 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. 

(17)  The  Treaty  establishing  the  European  Community  and  the  Treaty  establishing  the 
European Atomic Energy Community do not provide specific powers for adopting this 
Decision other than those of Articles 308 and 203, respectively. 

HAS DECIDED AS FOLLOWS: 

Article 1 

Subject matter 

This  decision  establishes  for  the  period  from  1  January  2007  to  31  December  2013  the 
specific  programme  « Prevention,  Preparedness  and  Consequence  Management  of 

26 
27 
28 
29 
30 

OJ L 312, 23.12.1995, p. 1. 
OJ L 292, 15.11.1996, p. 2. 
OJ L 248, 16.9.2002, p. 1. 
OJ L 357, 31.12.2002, p. 1. 
OJ L 184, 17.7.1999, p. 23. 

EN 

21 

   EN 

 
                                                 
Terrorism»,  hereinafter  referred  to  as  « the  programme »,  as  part  of  the  general  programme 
"Security and safeguarding liberties” in order to contribute to the strengthening of the area of 
Freedom, Security and Justice. 

This  Decision  shall  not  apply  to  matters  covered  by  the  Rapid  Response  Instrument  in  the 
event of major emergencies. 

Article 2 

Definitions 

For the purposes of this Decision, the following definitions shall apply: 

(a) 

(b) 

(c) 

“prevention  and  preparedness”  refers  to  measures  aiming  to  prevent  and/or 
reduce  the  risk  of  a  terrorist  attack  and/or  its  consequences,  particularly 
through risk and threat assessments, inspections and development of common 
standards on technology and methodology; 

“consequence  management”  refers 
the  mid-term 
consequences  of  terrorist  attacks  which  are  necessary  to  safeguard  the 
European Union as an area of Freedom, Security and Justice; 

to  measures 

limiting 

“critical  infrastructure”  refers  to  physical  resources,  services,  communication 
facilities, networks and/or assets the disruption or destruction of which would 
have a serious impact on the health, safety, security or economic well-being of 
citizens  or  of  the  effective  functioning  of  the  European  Union  or  its  Member 
States’ governments. 

Article 3 

General objectives of the programme 

1.  This  programme  shall  contribute  to  protect  citizens,  their  liberties  and  society  against 
terrorist  attacks  and  related  incidents,  and  to  safeguard  the  European  Union  as  an  area  of 
Freedom, Security and Justice. 

2. The general objectives of the programme contribute to the development of other Union and 
Community policies such as police and judicial cooperation in criminal matters, protection of 
the  environment,  public  health,  transport,  research  and  technological  development  and 
economic and social cohesion. 

Article 4 

Specific objectives 

1. Within the general objectives, and unless covered by other specific legal instruments, the 
programme  shall  stimulate,  promote  and  develop  measures  on  prevention,  preparedness  and 
consequence management.  

EN 

22 

   EN 

 
2. With regard to prevention and preparedness to terrorist attacks, the programme aims at  

(a) 

(b) 

(c) 

stimulating,  promoting,  and  supporting  risk  and  threat  assessments  on  critical 
infrastructure,  including  evaluations  on  site,  to  identify  possible  targets  of 
terrorist attacks and possible needs for upgrading their security, 

promoting and supporting the development of common security standards, and 
an  exchange  of  know-how  and  experience  on  protection  of  critical 
infrastructure, 

promoting  and  supporting  Union  wide  co-ordination  and  cooperation  on 
protection of critical infrastructure protection. 

3. With regard to consequence management in case of terrorist attacks, the programme aims at  

(a) 

(b) 

(c) 

stimulating, promoting and supporting exchange of know-how, experience and 
technology on the potential consequences of terrorist attacks,  

stimulating,  promoting  and  supporting 
methodology and contingency plans,  

the  development  of 

relevant 

ensuring  real-time  input  of  specific  expertise  on  terrorism  matters  within 
overall crisis management, rapid alert and civil protection mechanisms. 

Article 5 

Eligible Actions 

1. With a view to pursuing the general and specific objectives set out in Articles 3 and 4, the 
programme shall provide financial support for the following types of action:  

(a) 

(b) 

projects initiated and managed by the Commission with a European dimension;  

transnational  projects,  which  must  involve  partners  in  at  least  two  Member 
States, or at least one Member State and an applicant country; 

(c) 

national projects within Member States, which  

– 

– 

– 

– 

prepare  transnational  projects  and/or  Community  actions  (“starter 
measures”), 

complement 
(“complementary measures”), 

transnational  projects  and/or  Community  actions 

contribute to developing innovative methods and/or technologies with a 
potential  for  transferability  to  actions  at  Community  level,  or  develop 
such methods or technologies with a view to transferring them to other 
Member States and/or applicant countries, or 

contribute  otherwise  considerably  to  protecting  the  Union  and  its 
citizens from terrorist attacks. 

EN 

23 

   EN 

 
2. In particular, financial support may be provided for  

(a) 

actions on operational cooperation and coordination (strengthening networking, 
mutual  confidence  and  understanding,  development  of  contingency  plans, 
exchange and dissemination of information, experience and best practice)  

(b) 

analytical, monitoring, evaluation, audit and inspection activities,  

(c) 

development  and  transfer  of  technology  and  methodology,  particularly 
regarding information sharing and inter-operability, 

(d) 

training, exchange of staff and experts, and  

(e) 

awareness and dissemination activities. 

Article 6 

Access to the Programme  

1.  Applications  for  projects  may  be  presented  by  bodies  and  organisations  with  legal 
personality established in the Member States.  

2.  Proposals  for  national  projects  as  defined  in  Article  5(1)c  shall  be  forwarded  to  the 
Commission by the Member States. The Commission shall fix annually the date of forwarding 
of proposals and shall decide on the proposals in accordance with Article 8(4). 

3.  As  regards  transnational  projects,  third  countries  and  international  organisations  may 
participate as partners but are not permitted to submit projects.  

Article 7 

Types of intervention 

1. Community financial support may take the following legal forms: 

(a) 

Grants,  

(b) 

Public procurement contracts. 

2.  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  for  actions.  The  maximum  rate  of  co-financing  will  be  specified  in  the  annual  work 
programmes. 

3. 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, 
information  and  communication,  preparation, 
implementation,  monitoring,  checking  and  evaluation  of  projects,  policies,  programmes  and 
legislation. 

inter  alia,  expenditure  on 

EN 

24 

   EN 

 
Article 8 

Implementing measures 

1. The Commission shall implement the Community financial support in accordance with the 
Council Regulation (EC, Euratom) N° 1605/2002 of 25 June 2002, hereinafter referred to as 
“Financial Regulation”. 

2.  To  implement  the  programme,  the  Commission  shall,  within  the  limits  of  the  general 
objectives  defined  in  Article  3,  adopt  an  annual  work  programme  specifying  its  specific 
objectives,  thematic  priorities,  a  description  of  accompanying  measures  envisaged  in  article 
7(3) and if necessary a list of other actions. 

3. The annual work programme shall be adopted in accordance with the procedure set out in 
Article 9(2).  

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

(a) 

(b) 

(c) 

(d) 

conformity  with  the  annual  work  programme,  the  general  objectives  as 
specified in Article 3 and measures taken in the different domains as specified 
in Articles 4 and 5; 

quality  of  the  proposed  action  regarding  its  conception,  organisation, 
presentation and expected results; 

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

impact  of  the  expected  results  on  the  general  objectives  defined  in  Article  3 
and on measures taken in the different domains as specified in Articles 4 and 5. 

Article 9 

Committee 

1.  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”. 

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

The committee shall adopt its Rules of Procedure. 

Article 10 

Complementarity 

1.  Synergies,  consistency  and  complementarity  will  be  sought  with  other  Union  and 
Community  instruments,  inter  alia  with  the  programmes  Prevention  of  and  Fight  against 

EN 

25 

   EN 

 
Crime31 and Criminal Justice,32 as well as with the Framework Programmes on Research and 
technological  Development,  the  European  Union  Solidarity  Fund  and  the  Response  and 
Preparedness Instrument for major emergencies. 

2.  The  programme  may  share  resources  with  other  Community  and  Union  instruments,  in 
particular  the  programme  Prevention  of  and  Fight  against  Crime,  in  order  to  implement 
actions  meeting  the  objectives  of  both  the  programme  and  other  Community/Union 
instruments.  

3.  Operations  financed  under  this  Decision  shall  not  receive  financial  support  for  the  same 
purpose  from  other  Union/Community  financial  instruments.  The  beneficiaries  of  the 
programme 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 11 

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 12 

Monitoring 

1.  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.  

2.  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 
establishing  the  European  Community,  or  any  inspection  carried  out  pursuant  to  Article 
279(c) of that Treaty, officials and other staff of the Commission may carry out on-the-spot 
checks, including sample checks, on actions financed under the programme. 

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

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

31 
32 

OJ 
OJ 

EN 

26 

   EN 

 
                                                 
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 support originally approved and also the timetable for payments. 

6.  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 13 

Protection of Community financial interests 

1.  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. 

2. For the Community actions financed under the 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. 

3. The Commission shall reduce, suspend or recover the amount of financial support 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. 

4. If the time limits have not been observed or if only part of the allocated financial support 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 support and demand 
repayment of sums already paid.  

5. 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 14 

Evaluation 

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

EN 

27 

   EN 

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

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

(a) 

(b) 

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 2010; 

a  Communication  on  the  continuation  of  this  programme  no  later  than  31 
December 2010; 

(c) 

an ex-post evaluation report no later than 31 March 2015.  

Article 15 

Entry into force 

This Decision shall take effect from the twentieth day following that of its publication in the 
Official Journal of the European Union. It shall apply from 1 January 2007. 

EN 

28 

   EN 

 
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 

Within its objective of maintaining and developing the Union as an area of freedom, security 
and  justice,  the  Union  is  committed  to  providing  citizens  with  a  high  level  of  security  by 
developing  actions  for  preventing  and  combating  crime,  in  particular  through  cooperation 
between law enforcement bodies, including the police. The identification of a strong need for 
numerous  actions  in  this  policy  area  has  led  to  a  process  under  which  the  Union’s  role  has 
been  constantly  increasing.  Starting  with  the  so-called  Vienna  Action  Plan35,  and  based 
primarily on the orientations given by the Tampere European Council of 1999, the Union has 
responded  principally  through  legislative  action,  but  also  by  programmes  for  financial 
support. Further clarifications of the Union’s role are envisaged by the Treaty establishing a 
Constitution for Europe, and by The Hague Programme as adopted by the European Council 
in November 2004. Particularly with regard to terrorist threats, security issues have acquired a 
new urgency and there is a need for a more integrated and operational approach. At the same 
time,  the  Union’s  policy  on  preventing  and  combating  forms  of  crime  other  than  terrorism 
will have to enter into a more operational phase, while the ongoing development of legislation 
remains important in this area. 

2.2. 

The way forward 

The  proposed  response  to  these  challenges  is  a  comprehensive  general  programme  on 
Security and Safeguarding Liberties, which integrates the possibilities for funding under the 
existing  AGIS  programme  with  additional  elements  and  priorities.  These  include  improving 

33 
34 
35 

COM(2004) 101, 10.2.2004. 
COM(2004) 487, 14.7.2004. 
OJ C 19, 23.1.1999, p. 1. 

EN 

29 

   EN 

 
                                                 
exchange  of  information,  with  the  necessary  IT  support,  indexing  and  interoperability  of 
databases,  secure  communication  technology  and  methodology,  key  concepts  such  as 
intelligence led law enforcement, public private partnerships  and  novel approaches to crime 
prevention.  On  terrorism,  efforts  need  to  be  interlocked  with  civil  protection  mechanisms, 
ensuring  both  preparedness  for,  and  rapid  reaction  to,  the  particular  risks  and  threats  from 
terrorism. The structure of both specific programmes will be aligned as far as possible. 

As  concerns  the  prevention  of  and  fight  against  crime,  co-funding  of  transnational  projects 
under  the  AGIS  programme  (on  issues  such  as  training,  exchange  schemes,  studies, 
conferences,  seminars  and  other  measures  encouraging  cooperation)  and  support  through 
operating grants have proved useful and will continue under this proposal. At the same time, 
the  proposed  Council  Decision  will  clarify  the  possibilities  for  the  funding  of  EU  wide 
projects initiated and managed by the Commission. In addition, it will be possible to co-fund 
bilateral  and  national  projects,  in  order  to  further  stimulate  innovations  with  a  view  to 
transferring the gained experience to the transnational and/or EU level, while facilitating the 
application procedure for such projects. It is intended that this additional type of funding will 
further develop the technology and range of methodologies available for the purposes of law 
enforcement and crime prevention. Since public bodies and the civil society have to keep pace 
with criminals’ increasingly sophisticated methods, particularly where crime is organised and 
operating beyond national borders, this additional step is essential.  

2.3. 

Objectives of the programme 

a) Definition of general, specific and operational objectives 

The  overall  objective  of  the  general  programme  Security  and  Safeguarding  Liberties  is  to 
guarantee citizens’ rights and liberties within an area of freedom, security and justice and to 
protect them against criminal acts, which can threaten individual liberties, democratic society 
and the rule of law. 

The  specific  programme  on  Prevention  of  and  Fight  against  Crime,  in  particular,  aims  at 
contributing  to  a  high  level  of  security  for  citizens  by  preventing  and  combating  crime, 
organised  or  otherwise,  in  particular  terrorism,  trafficking  in  persons  and  offences  against 
children, illicit drug trafficking and illicit arms trafficking, corruption and fraud.  

Within these general objectives, three major themes can be identified: 

•  to  promote  and  develop  coordination,  cooperation  and  mutual  understanding 
among  law  enforcement  agencies,  other  national  authorities  and  related  EU 
bodies;  

•  to  stimulate,  promote  and  develop  horizontal  methods  and  tools  necessary  for 
strategically  preventing  and 
for  example  public-private 
fighting  crime, 
partnerships, best practices in crime prevention, comparable statistics and applied 
criminology, and 

•  to  promote  and  develop  best  practices  for  the  protection  of  crime  victims  and 

witnesses. 

EN 

30 

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b) Complementarity/coherence with other instruments 

When  preparing  the  programme,  particular  attention  was  given  to  ensure  coherence, 
complementarity  and  synergy  with  other  programmes  financing  actions  in  neighbouring 
policy fields, for which support must be provided under different Treaty bases.  

First, the programme is complemented by a second instrument under the general programme 
Security  and  Safeguarding  Liberties,  the  specific  programme  on  Prevention,  Preparedness 
and Consequence Management of Terrorism, which goes beyond law enforcement and crime 
prevention  in  the  sense  of  Title  VI  of  the  Treaty  on  European  Union  by  providing  the 
necessary  link  to  preparedness  and  consequence  management,  including  protection  of 
vulnerable infrastructure.  

Second,  complementarity  is  to  be  ensured  with  the  general  programmes  on  Fundamental 
Rights and Justice, and on Solidarity and management of migration flows, particularly along 
the following lines:  

–  while  the  emphasis  of  the  enclosed  proposal  is  on  law  enforcement,  in  the  sense  of 
cooperation between police and other non-judicial law enforcement agencies, the criminal 
justice strand of Fundamental Rights and Justice focuses on the judiciary; 

–  regarding  assistance  to  victims,  the  specific  programme  Prevention  of  and  Fight  against 
Crime  focuses  on  their  protection  from  criminal  threats,  whereas  the  above  mentioned 
instruments  under  the  general  programme  Fundamental  Rights  and  Justice  deal  with 
general assistance to victims at the judicial, social and/or administrative level; 

–  regarding illegal immigration, the external borders fund within the general programme on 
Solidarity and management of migration flows deals with exchange of specific intelligence, 
while  the  specific  programme  on  Prevention  of  and  Fight  against  Crime  deals  with 
exchange of information among law enforcement agencies. 

Third,  the  programme  is  also  complementary  to  other  Community  programmes  such  as  the 
Framework Programme on Research & Technological development, the EU Solidarity Fund, 
the Responseand Preparedness Instrument for major emergencies and the structural funds. 

3. 

EVALUATION  

The  working  paper  of  the  Commission  presenting  the  ex  ante  evaluation  and  preliminary 
impact assessment of the general programme Security and Safeguarding Liberties shows the 
appropriateness of the policy option chosen to achieve the goals envisaged. 

The first annual report on the implementation of the AGIS programme demonstrates clearly 
that  potential  beneficiaries  take  a  high  interest  therein.  The  Commission  has  received  more 
proposals than could be funded under the available budget. 

Most  projects  under  the  AGIS  programme  deal  either  with  cooperation  between  law 
enforcement  authorities  (48.2%  of  the  number  of  projects  co-financed)  or  with  crime 
prevention  and/or  the  fight  against  specific  forms  of  crime  (37.5%  of  co-financed  projects). 
The  report  also  states  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. 
With 26.8%, the second most relevant group concerns research, studies and the establishment 
of  networks.  Training  and  exchange  activities,  which  are  by  nature  more  difficult  to 

EN 

31 

   EN 

 
implement  than  the  above  mentioned  actions,  constitute  a  fifth  (20.5%)  of  the  number  of 
projects co-financed. 

The report recognises that nevertheless a high proportion of the applications received did not 
fulfil the requirements set out in the call for proposals due to difficulties encountered by the 
applicants in the use of the application forms, and other  electronic forms, or in meeting the 
relevant criteria. 

It  can  be  concluded  that  there  is  a  need  to  simplify  the  procedure  particularly  as  concerns 
projects involving innovative approaches, whether in terms of management, of methodology 
or  of  technology.  It  might  often  be  difficult  to  find  partners  in  other  Member  States  in  due 
time  when  a  projects  is  still  in  an  early  and  innovative  phase.  Therefore,  the  possibility  of 
bilateral  and  national  projects  should  be  added,  in  order  to  stimulate  innovative  types  of 
projects. 

As a further conclusion, one can say that for EU wide actions such as training and exchange 
schemes or coordination mechanisms and networks there is often a need for policy guidance 
by  the  Commission  and/or,  where  appropriate,  responsible  EU  bodies.  This  justifies 
strengthening  and  clarifying  the  framework  for  projects  initiated  and/or  managed  by  the 
Commission. 

4. 

LEGAL BASIS AND RATIONALE OF THE POLICY INSTRUMENT 

4.1. 

Legal Basis 

Article 30 of the Treaty on European Union provides the scope for common action in the field 
of  police  cooperation  and  cooperation  of  other  competent  authorities  in  relation  to  the 
prevention, detection and investigation of criminal offences, including cooperation of national 
authorities with Europol (Article 30, second paragraph). This legal basis covers all objectives 
of the specific programme Prevention and Fight against Crime. Although judicial cooperation 
is not a particular objective of this programme, Article 31 of the Treaty on European Union 
should also be included here, since financial interventions might have to cover certain related 
actions dealing with cooperation e.g. between police and judicial authorities. 

As concerns the form of the legal instrument and the relevant procedure, Article 34(2)(c) of 
the Treaty on European Union provides for Council decisions in the field of combating and 
preventing  crime.  Thus,  the  legal  basis  proposed  is  adequate  with  regard  to  the  purposes  of 
the specific programme. 

Under the current Treaties, the procedure for the adoption of legal instruments in the area of 
police  and  law  enforcement  cooperation  differs  considerably  from  that  on  civil  protection. 
Therefore,  it  is  not  possible  to  combine  all  relevant  objectives  of  the  general  programme  in 
one  single  legal  instrument.  Consequently,  two  instruments  are  being  proposed:  first,  a 
specific  programme  on  “Prevention  of  and  Fight  against  Crime”  based  on  the  Treaty  on 
European  Union;  second,  a  programme  on  “Prevention,  Preparedness  and  Consequence 
Management of Terrorism”, based on the Treaty establishing the European Community36. 

36 

COM ….. 

EN 

32 

   EN 

 
                                                 
4.2. 

Actions defined within the programme 

The following different types of action are envisaged: 

•  projects  with  a  European  dimension  initiated  and  managed  by  the  Commission, 
inter  alia  coordination  mechanisms  and  networks,  analytical  activities  including 
studies and activities aiming at developing solutions which are specifically related 
to concrete policy projects, training, exchange of staff; 

•  transnational  projects  initiated  and  managed  by  at  least  two  Member  States  (or 
one  Member  State  and  an  applicant  country)  under  the  conditions  set  out  in  the 
annual work programmes;  

•  national  projects  within  Member  States  under  the  conditions  set  out  below  and 

further conditions set out in the annual work programmes;  

•  operating  grants  to  non-governmental  organisations  pursuing,  on  a  non-profit 
basis,  objectives  with  a  European  dimension,  under  the  conditions  set  out  in  the 
annual work programmes. 

It is foreseen that national projects will only be eligible as starter measures or complementary 
measures  (preparing  or  complementing  transnational  or  European  projects),  if  they  have  a 
potential for transferability of results to EU level or if they otherwise contribute significantly 
to developing Union policy on preventing and/or combating crime. 

4.3. 

Subsidiarity and Proportionality 

The proposal respects the principles of subsidiarity and proportionality as set out in Article 5 
of  the  Treaty  establishing  the  European  Community  and  its  accompanying  Protocol.  As 
regards subsidiarity, the proposed programme does not attempt to intervene in the areas that 
are covered by national programmes developed by national authorities in each Member State 
but to focus on areas where added value on a European level is to be expected. To this extent, 
the majority of the activities supported by the programme can be viewed as complementary to 
the national programmes and as seeking to maximise synergies from actions implemented by 
two or more Member States (which may include candidate countries).  

As  regards  proportionality,  the  proposal  has  been  designed  to  maximise  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 issues which this programme intends to address have transnational aspects and 
therefore any action at Union level will be beneficial compared with actions at the level of the 
Member States. 

EN 

33 

   EN 

 
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  the  budget  structure.  It  will  also  increase 
coherence and consistency between, and avoid duplication of, instruments. 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 are resource-
intensive)  and  regrouping  existing  programmes  into  a  single,  coherent  and  streamlined 
programme.  This  will  result  in  more  proportionality  between  expenditure  and  associated 
administrative costs. 

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

The Commission may decide to entrust part of the budget implementation for the programme 
to an executive agency, referred to in Article 54(2)(a) of the Financial Regulation. This type 
of  agency  may  be  established  by  the  Commission  in  conformity  with  the  provisions  of  the 
Financial  Regulation  and  its  implementing  rules  as  well  as  Council  Regulation  n°  58/2003 
laying  down  the  statute  for  executive  agencies  to  be  entrusted  with  certain  tasks  in  the 
management  of  Community  programmes.  Before  its  decision,  the  Commission  would 
establish  a  cost-benefit  analysis  identifying  the  tasks  justifying  outsourcing,  the  costs  of 
coordination  and  checks,  the  impact  on  human  resources,  possible  savings,  efficiency  and 
flexibility  in  the  implementation  of  outsourced  tasks,  simplification  of  the  procedures  used, 
proximity of outsourced activities to final beneficiaries, visibility of the Community and the 
need to maintain and adequate level of know-how inside the Commission. 

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 
that will be established once the Constitutional treaty enters into force. 

5. 

BUDGETARY IMPLICATIONS 

The overall amount foreseen for the general programme Security and Protection of Liberties 
is 745 million euro for the period 2007-2013 (in current prices). Within this envelope, 602.6 
million euro are foreseen for the programme Prevention of and Fight against Crime. 

EN 

34 

   EN 

 
2005/0035 (CNS) 

Proposal for a 

COUNCIL DECISION 

Establishing the specific Programme “Prevention of and Fight against Crime” for the 
Period 2007-2013, 

General Programme “Security and Safeguarding Liberties”  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on European Union, and in particular Articles 30, 31 and 34(2)(c) 
thereof, 

Having regard to the proposal from the Commission37, 

Having regard to the opinion of the European Parliament38, 

Whereas: 

(1) 

(2) 

(3) 

The Union’s objective of providing citizens with a high level of safety within an area 
of freedom, security and justice shall be achieved, as provided for in the fourth indent 
of  Article  2,  and  in  Article  29  of  the  Treaty  on  European  Union,  by  preventing  and 
combating crime, organised or otherwise.  

To  protect  the  freedom  and  security  of  our  citizens  and  society  from  criminal 
activities, the Union must take the necessary measures to prevent, detect, investigate, 
and prosecute all forms of crime efficiently and effectively, most particularly in cases 
with a trans-border element. 

Building on the conclusions of the Tampere European Council of October 199939, the 
European  Council  has  reaffirmed  the  priority  of  developing  the  area  of  freedom, 
security  and  justice  –  and  particularly  of  protecting  citizens  from  various  criminal 
activities through the prevention of and fight against crime– by The Hague programme 
of  November  200440,  the  declarations  on  terrorism  of  September  2001  and  March 
200441 and the European Drugs strategy in December 200442.  

37 
38 
39 
40 
41 
42 

OJ C … 
OJ C … 
OJ C 
OJ C …. 
OJ C … 
OJ C … 

EN 

35 

   EN 

 
 
                                                 
(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

The  framework  programme  on  police  and  judicial  cooperation  in  criminal  matters 
(AGIS)  established  by  Council  Decision  2002/630/JHA  of  22  July  200243  has 
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.  

It  is  necessary  and  appropriate  to  extend  the  possibilities  for  funding  of  measures 
aiming at the prevention of and the fight against crime, and to review the modalities in 
the interest of efficacy, cost-efficiency and transparency.  

Commission actions and transnational projects remain important to achieve closer and 
better cooperation and coordination among Member States. In addition, it is useful and 
appropriate  to  support  projects  within  Member  States  to  the  extent  that  they  can 
provide useful experience and know-how for further actions on Union level. 

As  crime  crosses  borders,  it  is  appropriate  to  allow  third  countries  and  international 
organisations to participate in transnational projects.  

Complementarity  needs  to  be  ensured  regarding  other  Union  and  Community 
programmes,  such  as  the  Research  &  Development  Framework  Programme,  the 
European Union Solidarity Fund, the Response and Preparedness Instrument for major 
emergencies and the Structural Funds. 

Since  the  objectives  of  the  action  to  be  taken,  particularly  the  prevention  of  and  the 
fight against organised and transborder crime, 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 the Union level, the Union may adopt measures in accordance with 
the  principle  of  subsidiarity  as  set  up  in  Article  5  of  the  Treaty  establishing  the 
European Community. 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. 

(10) 

In accordance with Article 41(3) of the Treaty on European Union, it is necessary and 
appropriate  to  finance  the  operating  expenditure  under  Title  VI  by  the  Community 
budget. 

(11)  The  expenditure  of  the  programme  should  be  compatible  with  the  ceiling  under 
Heading  3  of  the  financial  perspective.  It  is  necessary  to  foresee  flexibility  in  the 
definition  of  the  programme  to  allow  for  eventual  adjustments  in  any  envisaged 
actions, in order to respond to the evolution of needs in the course of the period 2007-
2013. The decision should, therefore, be limited to the generic definition of envisaged 
actions and their respective administrative and financial arrangements. 

(12)  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. 

43 

OJ L 203, 1.8.2002, p. 5. 

EN 

36 

   EN 

 
                                                 
(13)  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 
in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 
1995  on  the  protection  of  the  Communities’  financial  interests44,  and  (Euratom,  EC) 
No  2185/96  of  11  November  1996  concerning  on-the-spot  checks  and  inspections 
carried out by the Commission45. 

(14)  Council  Regulation  (EC,  Euratom)  1605/2002  of  25  June  2002  on  the  Financial 
Regulation  applicable  to  the  general  budget  of  the  European  Communities46  and 
Commission Regulation (EC, Euratom) 2342/2002 of 23 December 2002 laying down 
detailed  rules  for  the  implementation  of  Council  Regulation  1605/200247,  which 
safeguard 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. 

(15) 

It  is  appropriate  to  replace  the  framework  programme  on  police  and  judicial 
cooperation in criminal matters (AGIS)48 from 1 January 2007 on by this programme 
and by a new programme on criminal justice49.  

HAS DECIDED AS FOLLOWS: 

Article 1 

Subject matter 

This  decision  establishes  for  the  period  from  1  January  2007  to  31  December  2013  the 
specific programme « Prevention of and Fight against Crime », hereinafter referred to as « the 
programme », as part of the general programme “Security and safeguarding liberties” in order 
to contribute to the strengthening of the area of Freedom, Security and Justice. 

Article 2 

General objectives of the programme 

1. This programme shall contribute to a high level of security for citizens by preventing and 
combating  crime,  organised  or  otherwise,  in  particular  terrorism,  trafficking  in  persons  and 
offences  against  children,  illicit  drug  trafficking  and  illicit  arms  trafficking,  corruption  and 
fraud. 

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. 

44 
45 
46 
47 
48 
49 

OJ L 312, 23.12.1995, p. 1. 
OJ L 292, 15.11.1996, p. 2. 
OJ L 248, 16.9.2002, p. 1. 
OJ L 357, 31.12.2002, p. 1. 
OJ L 203, 1.8.2002, p. 5. 
…. 

EN 

37 

   EN 

 
                                                 
Article 3 

Themes and specific objectives 

1. The programme shall consist of three themes:  

(a) 

law enforcement 

(b) 

crime prevention and criminology 

(c) 

protection of witnesses and victims. 

2.  Within  the  general  objectives,  the  programme  shall  contribute  to  the  following  specific 
objectives: 

(a) 

(b) 

to  promote  and  develop  coordination,  cooperation  and  mutual  understanding 
among law enforcement agencies, other national authorities and related Union 
bodies;  

to stimulate, promote and develop horizontal methods and tools necessary for 
strategically preventing and fighting crime, such as public-private partnerships, 
best  practices 
in  crime  prevention,  comparable  statistics  and  applied 
criminology, and 

(c) 

to promote and develop best practices for the protection of crime victims and 
witnesses. 

3.  The  programme  does  not  deal  with  judicial  cooperation.  However,  it  may  cover  actions 
aiming at cooperation among judicial authorities and law enforcement authorities. 

Article 4 

Eligible actions 

1. With a view to pursuing the general and specific objectives set out in Articles 2 and 3, the 
programme shall provide financial support for the following types of actions: 

(a) 

(b) 

Projects initiated and managed by the Commission with a European dimension; 

Transnational  projects,  which  must  involve  partners  in  at  least  two  Member 
States, or at least one Member State and an applicant country; 

(c) 

National projects within Member States, which 

– 

– 

– 

prepare 
measures”), 

transnational  projects  and/or  Union  actions 

(“starter 

complement  transnational  projects  and/or  Union  (“complementary 
measures”) 

contribute to developing innovative methods and/or technologies with a 
potential  for  transferability  to  actions  on  Union  level,  or  develop  such 

EN 

38 

   EN 

 
methods  or  technologies  with  a  view  to  transferring  them  to  other 
Member States and/or applicant countries, or 

– 

contribute  otherwise  considerably  to  developing  Union  policy  on 
preventing and/or combating crime;  

(d) 

Operating grants for non-governmental organisations pursuing on a non-profit 
basis objectives of this programme on a European dimension. 

2. In particular, financial support may be provided for 

–  actions  on  operational  cooperation  and  coordination  (strengthening  networking, 
mutual  confidence  and  understanding,  exchange  and  dissemination  of 
information, experience and best practices) 

–  analytical, monitoring and evaluation activities, 

–  development and transfer of technology and methodology, 

–  training, exchange of staff and experts, and 

–  awareness and dissemination activities. 

Article 5 

Access to the Programme 

1.  The  programme  is  destined  for  law  enforcement  agencies,  other  public  and/or  private 
bodies,  actors  and  institutions,  including  local,  regional  and  national  authorities,  social 
partners,  universities,  statistical  offices,  media,  non-governmental  organisations,  public-
private partnerships and relevant international bodies. 

2.  Applications  for  projects  and  operational  grants  may  be  presented  by  bodies  and 
organisations with legal personality established in the Member States. 

3.  Proposals  for  national  projects  as  defined  in  Article  4(1)c  shall  be  forwarded  to  the 
Commission by the Member States. The Commission shall fix annually the date of forwarding 
of proposals and shall decide on the proposals in accordance with Article 7(4). 

4.  As  regards  transnational  projects,  third  countries  and  international  organisations  may 
participate as partners but are not permitted to submit projects. 

Article 6 

Types of intervention 

1. Union financial support may take the following legal forms:  

(a) 

Grants, 

(b) 

Public procurement contracts. 

EN 

39 

   EN 

 
2.  Union  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  for 
actions. The maximum rate of co-financing will be specified in the annual work programmes. 

3. Expenditure is foreseen for accompanying measures, through public procurement contracts, 
in  which  case  Union  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 7 

Implementing measures 

1.  The  Commission  shall  implement  the  Union  financial  support  in  accordance  with  the 
Council Regulation (EC, Euratom) N° 1605/2002 of 25 June 2002, hereinafter referred to as 
“Financial Regulation”. 

2.  To  implement  the  programme,  the  Commission  shall,  within  the  limits  of  the  general 
objectives  defined  in  Article  2,  adopt  an  annual  work  programme  specifying  its  specific 
objectives, thematic priorities, a description of accompanying measures envisaged in Article 
6(3) and if necessary a list of other actions. 

3. The annual work programme shall be adopted in accordance with the procedure set out in 
Article 9. 

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

(a) 

(b) 

(c) 

(d) 

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; 

quality  of  the  proposed  action  regarding  its  conception,  organisation, 
presentation and expected results ; 

amount  requested  for  Union  financial  support  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(1)(d), shall be assessed, inter 
alia, in the light of: 

(a) 

consistency with the programme objectives; 

(b) 

quality of the planned activities; 

(c) 

likely multiplier effect on the public of these activities; 

EN 

40 

   EN 

 
(d) 

geographic impact of the activities carried out; 

(e) 

cost/benefit ratio of the activity proposed. 

Article 8 

Committee 

1.  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”. 

2. The committee shall adopt its Rules of Procedure. 

Article 9 

Advisory Procedure 

1. Where reference is made to this Article, the representative of the Commission shall submit 
to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion 
on the draft, within a time limit which the Chair may lay down according to the urgency of the 
matter, if necessary by taking a vote. 

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

3. 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. 

Article 10 

Complementarity 

1.  Synergies,  consistency  and  complementarity  will  be  sought  with  other  Union  and 
Community  instruments,  inter  alia  with  the  programmes  Prevention,  Preparedness  and 
Consequence Management of Terrorism50, Criminal Justice51, the Framework Programmes on 
Research  and  technological  Development52,  the  European  Union  Solidarity  Fund,  and  the 
Response and Preparedness Instrument for major emergencies53. 

2.  The  programme  may  share  resources  with  other  Union  and  Community  instruments,  in 
particular  the  programme  Prevention,  Preparedness  and  Consequence  Management  of 
Terrorism, in order to implement actions meeting the objectives of both the programme and 
the other Union/Community instrument(s). 

50 
51 
52 
53 

… 
… 
… 
… 

EN 

41 

   EN 

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

Article 11 

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 12 

Monitoring 

1.  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. 

2.  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 
establishing  the  European  Community,  or  any  inspection  carried  out  pursuant  to  Article 
279(c) of that Treaty, officials and other staff of the Commission may carry out on-the-spot 
checks, including sample checks, on actions financed under the programme. 

3.  Contracts  and  agreements  resulting  from  the  implementation  of  the  programme  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. 

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

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 support originally approved and also the timetable for payments. 

6.  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 13 

Protection of Community financial interests 

EN 

42 

   EN 

 
1.  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. 

2.  For  the  Union  actions  financed  under  the  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 Union 
or budgets managed by them, by an unjustified item of expenditure. 

3. The Commission shall reduce, suspend or recover the amount of financial support 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  been  sought,  the 
action  has  been  subjected  to  a  change  which  conflicts  with  the  nature  or  implementing 
conditions of the project. 

4. If the time limits have not been observed or if only part of the allocated financial support 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 support and demand 
repayment of sums already paid. 

5. 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 14 

Evaluation 

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

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

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

(a) 

(b) 

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 2010; 

a  Communication  on  the  continuation  of  the  programme  no  later  than  31 
December 2010; 

(c) 

an ex-post evaluation report no later than 31 March 2015. 

EN 

43 

   EN 

 
Article 15 

Transitional Provisions 

1.  This  Decision  shall,  from  1  January  2007,  replace  the  corresponding  provisions  of  the 
Decision  2002/630/JHA  establishing  a  framework  programme  on  police  and  judicial 
cooperation in criminal matters (AGIS)54. 

2.  Actions  started  before  31  December  2006  pursuant  to  Decision  2002/630/JHA  shall 
continue to be governed, until their completion, by this Decision. 

Article 16  

Entry into force 

This Decision shall take effect from the twentieth day following that of its publication in the 
Official Journal of the European Union. It shall apply from 1 January 2007. 

54 

OJ L 203, 1.8.2002, p. 5. 

EN 

44 

   EN 

 
                                                 
FINANCIAL STATEMENT 

LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL : 

Programme “Security and Safeguarding Liberties“ 

Proposal for a Council Decision creating the programme “Prevention of and Fight against 
Crime” for the period 2007-2013 

Proposal  for  a  Council  Decision  creating  the  programme  “Prevention,  Preparedness  
and Consequence Management of Terrorism” for the period 2007-2013 

2. 

ABM / ABB FRAMEWORK 

1805  –  Law  enforcement  cooperation  and  fight  of  and  against  general  and  organised 
crime 

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 

3.3. 

Budgetary characteristics (add rows if necessary) : 

Budget line 

Type of 
expenditure 

New 

EFTA 
contribution 

Contributions 
from 
applicant 
countries 

Heading in 
financial 
perspective 

Prevention  of  and 
fight against crime 

Prevention, 
Preparedness  
and  Consequence 
Management 
of 
Terrorism 

Non-
comp 

Non-
comp 

Diff 

Diff 

No 

NO 

No 

No 3 

Yes 

NO 

No 

No 3 

EN 

45 

   EN 

 
 
 
 
 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources (Current Prices) 

4.1.1. 

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

EUR million (to 3 decimal places) 

Section no. 

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

Prevention 
of and fight 
against 
crime 

Prevention, 
Preparedness 
and 
Consequence 
Management 
of Terrorism 
Prevention 
of and fight 
against 
crime 

Payment 
Appropriations 
(PA) 

EN 

a 

a 

b 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

2014 -… 

Total 

44,600

50,900

71,800

85,600 

108,000

117,200

119,500

597,600

12,700

15,200

17,700

20,300 

23,000

23,400

25,100

137,400

22,300

43,920

60,090

74,520 

94,040

108,120

116,510

78,100

597,600

46 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
6,350

12,930

15,950

18,500 

21,130

22,660

24,170

15,710

137,400

Prevention, 
Preparedness 
and 
Consequence 
Management 
of Terrorism 

b 

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

0,700

8.2.4 

c 

0,900

1,500

1,100 

2,000

1,400

2,400

10,000

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  
Commitment 
Appropriations 

Payment 
Appropriations 

a+c 

b+c 

58,000

67,000

91,000

107,000 

133,000

142,000

147,000

745,000

29,350

57,750

77,540

94,120 

117,170

132,180

143,080

93,810

745,000

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

4,050

8.2.5 

d 

4,752

5,130 

5,508

5,832

5,940

35,532

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 

62,720

72,045

96,505

112,898 

139,292

148,631

153,755

785,848

EN 

47 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
TOTAL PA 
including cost of 
Human Resources 

b+c+d+e 

34,070

62,795

83,045

100,018 

123,462

138,811

149,835

93,810

785,848

EN 

48 

 
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
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 

Proposal will entail reprogramming of the relevant heading in the financial 

(cid:133) 
perspective. 

(cid:133) 
Proposal may require application of the provisions of the Interinstitutional 
Agreement55 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

X 

(cid:133) 

Proposal has no financial implications on revenue 

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

NB:  All  details  and  observations  relating  to  the  method  of  calculating  the 
effect on revenue should be shown in a separate annex. 

EUR million (to one decimal place) 

Prior to

Situation following action 

55 See points 19 and 24 of the Interinstitutional agreement. 

EN 

49 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Budget line 

Revenue 

action 
[Year n-
1] 

[Year 
n] 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

[n+5]56

a) Revenue in absolute terms 

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 

Total 
number 
human resources 

of 

37,5 

40 

44 

47,5 

51 

54 

55 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

As regards the prevention of and the fight against crime, the support aiming to achieve 
the general and specific objectives will be aimed at three main areas:  

a) 

b) 

c) 

law  enforcement:  to  promote  and  develop  coordination  and  cooperation 
between  national  authorities,  in  particular  between  law  enforcement 
agencies; 

crime  prevention  and  criminology:  to  stimulate,  promote  and  develop 
strategies,  dialogue  and  partnership  in  respect  of  crime  prevention, 
statistics and criminology; 

protection of witnesses and victims: to promote and develop the means of 
protecting witnesses and victims of crime. 

The  scale  of  resources  has  been  assessed  in  light  of  the  needs,  and  giving  the  evolving 
nature of these, a mid-term review clause is included to enable progress in meeting the 
objectives and priorities to be reassessed.  

56 Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years 

EN 

50 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
As regards Prevention, Preparedness and Consequence Management of Terrorism, 
financial support will be targeted at a number of crucial areas, in particular, at: 

–  the  establishment  of  a  secure,  rapid  alert  system  which  ensures  a  link  between 
communication  networks  warning  of  threats  to  public  safety  and  security,  be  they 
related to law enforcement agencies or other bodies;  

–  the identification and protection of critical infrastructure, i.e. infrastructure vulnerable 
to  terrorist  threats,  consisting  of  all  those  facilities,  networks  and  services  which,  if 
disrupted  or  destroyed,  would  have  a  serious  impact  on  the  health,  safety,  security 
and/or the economic well-being of EU citizens and/or on the effective functioning of 
government; 

–  the  undertaking  of  audits,  monitoring  and  evaluation  activities  to  identify  existing 
weaknesses,  establish  best  practice  in  Member  States  and  recommend  legislative  or 
other  action  where  deficiencies  are  found  with  the  aim  of  increasing  the  overall 
preparedness of the EU in the face of terrorism; 

The  impacts  likely  to  result  from  the  above  actions  are  described  within  the  extended 
impact assessment.  

5.2. 

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

The  added  value  of  the  instruments  is  to  provide  the  basis  for  efficient  cooperation 
between  law  enforcement  and  other  relevant  authorities,  with  the  aim  of  all  Member 
States  being  able  to  put  in  place  minimum  levels  of  measures  (both  legislative  and 
operational) to protect against crime and the threat of terrorist attack. This would mean 
that  there  is  no  “weak  point”  within  the  EU  and  within  its  critical  infrastructure  which 
could be exploited by organised crime (‘safe haven’) or terrorist, while also providing a 
level playing field for law enforcement authorities and for the private sector.As such, it is 
security. 
an 

integral  part  of  creating  an  area  of 

freedom  and 

justice, 

As regards improving the quantity and quality of law enforcement relevant information 
available  to  national  authorities,  the  EU  intervention  to  supplement  national  action  will 
allow to overcome existing systemic resistances within and between the different bodies 
to  existing 
involved.  This  additional  support 
communication channels  and infrastructures at European level  adds  value by increasing 
capacity – indeed, individual action at national level would not be capable of achieving 
the same results. 

the  necessary 

improvements 

to 

In  relation  to  previous  activities  in  this  area,  the  current  proposal  will  offer  a 
comprehensive  framework  and  contribute  to  the  creation  of  systematic  procedures  for 
cooperation  on  law  enforcement  and  countering  the  threat  of  terrorism  as  well  as  for 
cooperation between public authorities and the private sector. Where actions or initiatives 
are envisaged at EU level, these will be based on effective sharing of experience and best 
practice,  so  increasing  efficiency  and  contributing  to  an  overall  reduction  in  the  ‘unit 

EN 

51 

   EN 

 
 
costs’ of combating crime and responding to both the threat and consequences of terrorist 
attack. In addition, there will be a leverage effect, in the sense that contributions will also 
be  made  by  grant  beneficiaries,  both  because  this  is  a  requirement  of  EU  funding  and 
because of the effects of successful pilot projects and the development of best practice in 
encouraging national governments to provide more funding and support. 

With  regard  to  Prevention,  Preparedness  and  Consequence  Management  of  Terrorism, 
cooperation  will  have  spin-off  effects  in  terms  of  better  targeted  research  on  security 
against attack, leading to new innovative technology developments, harmonised and more 
efficient  minimum  industry  security  standards,  more  efficient  resource  planning  and 
allocation, 
the  development  of  emergency 
contingency plans and so on. Cooperation plus the centralised coordination of operations, 
while  fully  respecting  national  competences,  provides  the  means  for  achieving  greater 
efficiency  and  operational  capability  in  respect  of  preparedness  and  of  establishing  a 
more rapid and effective system for consequence management throughout the EU. 

increased  civil  protection  capacity, 

Complementarity with other JLS programmes: 

The Security programme and the two main strands which it comprises have the common 
goal,  along  with  the  two  other  JLS  framework  programmes,  of  establishing  an  area  of 
freedom,  security  and  justice  in  the  EU  where  basic  human  rights  are  fully  respected. 
Each of the three JLS 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. 

They  are  reflected  in  the  objectives  set  out  in  the  Hague  Programme  adopted  by  the 
European  Council  in  November  2004,  which  include:  guaranteeing  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  JLS  framework  programmes  is  aimed  at  pursuing  these  objectives  in  a 
complementary way without duplicating activities. 

The  activities  under  the  Security  programme,  therefore,  are  designed  to  contribute  to 
making the EU a safer place to live, where people can enjoy their basic freedoms without 
fear  of  crime  or  the  threat  of  terrorist  attack.  As  such,  they  are  complementary  to  the 
activities  undertaken  under  both  the  Solidarity  and  Justice  programmes  which  have 

EN 

52 

   EN 

 
parallel  aims.  More  specifically,  the  fight  against  organised,  cross-border  crime  and 
against  trafficking  of  people  and  drugs  is  complementary  to  the  efforts  made  under  the 
Solidarity  programme  to  prevent  illegal  entry  into  the  EU  through  the  establishment  of 
effective external border controls. The same applies to the measures taken to combat the 
threat  of  terrorism,  including  in  particular  exchange  of  information  between  relevant 
national,  and  EU-level,  authorities,  which  both  contribute  to  and  are  supported  by  the 
activities undertaken to control illegal entry. 

The prevention of and fight against crime, by reinforcing law enforcement cooperation as 
well as to support the protection of witnesses and victims of crime, is also complementary 
to  the  actions  supported  under  the  Fundamental  Rights  and  Justice  programme  to  fight 
violence and to ensure the protection of fundamental rights (in particular as regards data 
protection) as well as to facilitate access to justice.  

Complementarity with other instruments:  

The  support  for  the  protection  of  victims  and  witnesses  of  crime  funded  under  this 
programme  is  complementary  to  the  support  available  under  the  Initiative  on 
Fundamental Rights and Justice (particularly the instruments on criminal justice and on 
fight  against violence) ) which  provides general assistance to victims of trafficking and 
violent crime.  

As  regards  the  training  of  police  officers  an  instrument  already  exists:  the  European 
College of Police (CEPOL), that could also provide the basis for such action on exchange 
of staff between police services.If CEPOL becomes a body financed by the EU budget, 
the dividing line between this and the new instrument will need to be reassessed.  

In  relation  to  improved  information  exchange,  a  close  coordination  will  be  ensure  to 
create  synergies  between  the  existing  projects  in  different  areas  (SIS,  VISION, 
EURODAC) as well as forthcoming initiatives (VIS, SIS II). Also, the implementation of 
existing legislation in related areas will be closely monitored, to reap the benefits in terms 
of overcoming systemic resistances.  

Complementarity with the objectives and tasks of Europol will be kept under review to 
avoid any overlap between proposals under this programme and Europol’s role.  

On  civil  protection  in  general,  the  new  Solidarity  Instrument  and  the  Response  and 
Preparedness  Instrument  for  major  emergencies  will  provide  financial  means  both  for 
immediate crisis management measures and for general preparation to crises. Apart from 
accidents  and  natural  disasters,  this  will  also  include  disasters  caused  by  terrorist  acts. 
Complementarity  will  be  ensured  on  two  levels:  first,  the  instrument  “Prevention, 
Preparedness  and  Consequence  Management  of  Terrorism”  will  focus  on  integrating 
aspects  of  security  and  law  enforcement  into  the  rapid  alert  and  crisis  management 
system; second, on critical infrastructure and preparedness, it will focus on assessing and 
identifying  the  specific  needs  from  a  security  point  of  view,  while  the  Response  and 
Preparedness Instrument for major emergencies will focus on general civil protection (i.e. 
mainly relief to affected persons and if need be the environment).  

EN 

53 

   EN 

 
5.3. 

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

A  key  objective  of  the  “Security”  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  avoid  duplication  of 
instruments. 

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

through  alternative  delivery  mechanisms 

(externalisation,  or  shared 
Delivery 
management)  has  been  examined  in  detail  but  was  considered  not  appropriate  at  this 
stage.  

The  results  envisaged  could  not  be  expected  to  be  achieved  at  lower  cost  for  several 
reasons: 

–  The  level  of  intervention  could  not  be  lowered  without  running  the  risk  of 
reducing the programme's impact to such a low level that the EU added value 
would  be  lost.  The  specific  aims  are  set  to  be  both  achievable,  given  the 
resources proposed and in line with the expectations of the beneficiaries. The 
present proposal has carefully estimated the cost of reaching its objectives. 

–  The  range  of  measures  envisaged  under  this  Programme  will  address  those 
issues which cannot be handled by individual Member State from within their 
own  financial  and/or  technical  resources,  and  which  require  intervention  at 
EU,  bilateral  or  multilateral  level,  in  order  to  optimise  their  effectiveness  at 
least cost. 

–  The  harmonisation  and  the  simplification  of  the  procedures  will  also 
contribute  to  avoiding  duplication  and  focusing  actions  more  effectively  on 
EU added-value. 

–  The  rationalisation  of  the  monitoring  and  evaluation  procedures  will  enable 
better  outcomes  to  achieved  and  will  make  it  more  possible  for  multiplier 
effects to be generated. 

–  With  regard  to  volume  crime,  the  Programme  is  based  on  the  premise  that 
certain co-operation activities need to be taken at EU level in order to support 
prevention  activities  in  the  Member  States  more  effectively,  to  avoid 
duplication of effort and to use resources more efficiently. 

EN 

54 

   EN 

 
–  A number of measures, for example in relation to crime statistics and crime 
proofing,  are  horizontal  in  nature  and  will  support  the  development  of 
effective policy and legislative responses to crime in all its manifestations. 

5.4.  Method of Implementation 

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

X 

X 

ٱ 

ٱ 

Centralised Management 

Directly by the Commission 

Indirectly by delegation to: 

Executive Agencies 

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

ٱ 
Regulation 

ٱ 

ٱ 

ٱ 

ٱ 

ٱ 

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

Shared or decentralised management 

With Member states 

With Third countries 

Joint management with international organisations (please specify) 

Relevant comments: 

In  order  to  achieve  the  full  objectives  of  the  action  programme  under  the 
provisions  of  the  current  Treaties,  it  has  been  decided  to  split  the  action 
programme into 2 legal instruments relating to 2 different legal bases as stated in 
Mr.  Vitorino’s  Communication 
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. 

to 

In  order  to  achieve  the  general  and  specific  and  operational  objectives,  each 
programme within the “”Security and Safeguarding Liberties” envisage a range 
of actions, such as: 

a) 

Projects  initiated  and  managed  by  the  Commission  with  a  European 
dimension;  

EN 

55 

   EN 

 
 
b) 

Transnational  projects,  which  must  involve  partners  in  at  least  two 
Member States, or at least one Member State and an applicant country; 

c)  National projects within Member States, which  

–  prepare 

transnational  projects  and/or  Commission  actions 

(“starter 

measures”), 

–  complement 

transnational 
(“complementary measures”) 

projects 

and/or  Commission 

actions 

–  contribute  to  developing  innovative  methods  and/or  technologies  with  a 
potential  for  transferability  to  actions  on  Union  level,  or  develop  such 
methods  or  technologies  with  a  view  to  transferring  them  to  other  Member 
States and/or applicant countries, or 

–  contribute  otherwise  considerably  to  developing  the  Union  policy  on 

preventing and/or combating crime;  

Operating  grants  for  non-governmental  organisations  pursuing  on  a  non-profit 
basis objectives of this programme on a European dimension. 

In particular, support may be provided for : 

– 

– 

– 

– 

– 

actions  on  operational  cooperation  and  coordination  (strengthening 
networking,  mutual  confidence  and  understanding,  exchange  and 
dissemination of information, experience and best practices) 

analytical, monitoring and evaluation activities,  

development and transfer of technology and methodology,  

training, exchange of staff and experts, and  

awareness and dissemination activities.  

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.  

The  Commission  will  implement  the  above  actions  in  accordance  with  the 
annual  work  programme  to  be  adopted.  The  Commission  will  implement  this 
Action  programme  and  may  have  recourse  to  technical  and/or  administrative 

EN 

56 

   EN 

 
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,  para.  2(a)  of  the  Financial 
Regulation. This 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  strand.  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  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. 

EN 

57 

   EN 

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

learned from similar experiences in the past) 

Cfr. Extended Impact Assessment 

6.2.3.  Terms and frequency of future evaluation 

As  regards  the  prevention  of  and  the  fight  against  crime  and  the  Prevention, 
Preparedness  and  Consequence  Management  of  Terrorism  the  timetable  set  in  the 
proposal is as follows :  

–  no later than 31 March 2010, 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  31  December  2010,  the  Commission  shall  submit  to  the  European 
Parliament and the Council a Communication on the continuation of this programme; 

–  no later than 31 March 2015, 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 
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 

58 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

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

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

Type of output 

Av. 
cost 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

Total 

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 

Commitment appropriations in EUR million (to 3 decimal places) 

Prevention of and fight against crime 

To promote and develop coordination, cooperation 
and mututal understanding 

Commission Actions 

Grants 

0,100 

Procurement 

0,500 

Transnational projects 

Grants 

0,200 

30 

11 

20 

3,000 

45 

4,500 

45 

4,500 

45 

4,500 

45 

4,500 

45 

4,500 

45 

4,500 

5,500 

13 

6,500 

13 

6,500 

13 

6,500 

13 

6,500 

13 

6,500 

13 

6,500 

0 

0 

30,000 

44,500 

4,000 

20 

4,000 

25 

5,000 

25 

5,000 

25 

5,000 

25 

5,000 

25 

5,000 

165 

33,000 

National projects 

4,500 

6,000 

13,000 

Sub-total Action 1 

17,000 

21,000 

29,000 

19,000 

35,000 

25,000 

41,000 

28,000 

44,000 

28,000 

0 

123,500 

44,000 

165 

231,000 

To stimulate, promote and develop strategies , 
dialogues and partnerships 

Commission Actions 

Grants 

0,100 

Procurement 

0,500 

Transnational projects 

Grants 

0,200 

30 

10 

20 

3,000 

30 

3,000 

40 

4,000 

40 

4,000 

40 

4,000 

40 

4,000 

40 

4,000 

260 

26,000 

5,000 

10 

5,000 

12 

6,000 

12 

6,000 

12 

6,000 

12 

6,000 

12 

6,000 

80 

40,000 

4,000 

20 

4,000 

20 

4,000 

20 

4,000 

20 

4,000 

20 

4,000 

20 

4,000 

140 

28,000 

EN 

59 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
National projects 

3,000 

4,000 

10,000 

Sub-total Action 2 

15,000 

16,000 

24,000 

13,000 

27,000 

21,000 

35,000 

23,000 

37,000 

23,000 

97,000 

37,000 

480 

191,000 

To promote and develop best practices for the 
protection of crime victims and witnesses 

Commission Actions 

Grants 

0,100 

30 

3,000 

30 

3,000 

30 

3,000 

30 

3,000 

30 

3,000 

30 

3,000 

30 

3,000 

210 

21,000 

Procurement 

0,500 

6 

3,000 

6 

3,000 

6 

3,000 

6 

3,000 

6 

3,000 

6 

3,000 

6 

3,000 

42 

21,000 

Transnational projects 

Grants 

0,200 

10 

2,000 

10 

2,000 

10 

2,000 

10 

2,000 

10 

2,000 

10 

2,000 

10 

2,000 

70 

14,000 

National projects 

Sub-total Action 3 

Sub-total Objective 1 

2,000 

2,000 

4,000 

10,000 

10,000 

12,000 

42,000 

47,000 

65,000 

6,000 

14,000 

76,000 

10,000 

18,000 

94,000 

11,000 

19,000 

11,000 

46,000 

19,000 

322 

102,000 

100,000 

100,000 

524,000 

Prevention, Preparedness  
and Consequence Management of Terrorism 

Preparedness - to promote, support and to evaluate 
exchange of standards, know-how and experience 

Commission Actions 

Grants 

0,100 

40 

4,000 

40 

4,000 

50 

5,000 

50 

5,000 

50 

5,000 

50 

5,000 

50 

5,000 

330 

33,000 

Procurement 

0,500 

Transnational projects 

Grants 

0,500 

National projects 

Sub-total Action 4 

Consequence management - to develop, implement 
and promote EU crisis management arrangements 

2 

1 

2 

1 

1,000 

0,500 

2,500 

8,000 

1,000 

0,500 

4,000 

9,500 

2 

1 

2 

1 

1,000 

0,500 

5,000 

2 

1 

1,000 

0,500 

6,500 

2 

1 

1,000 

0,500 

8,000 

2 

1 

1,000 

0,500 

8,000 

1,000 

14 

7,000 

0,500 

7 

3,500 

9,000 

43,000 

11,500 

13,000 

14,500 

14,500 

15,500 

0 

86,500 

EN 

60 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
Commission Actions 

Grants 

0,100 

Procurement 

0,500 

National projects 

0,000 

Sub-total Action 5 

0 

5 

5 

5 

0,000 

2,500 

1,500 

4,000 

5 

5 

0,500 

2,500 

1,500 

4,500 

5 

5 

0,500 

2,500 

1,500 

4,500 

5 

5 

0,500 

2,500 

2,000 

5,000 

5 

5 

0,500 

2,500 

2,500 

5,500 

5 

5 

0,500 

2,500 

2,500 

5,500 

0,500 

30 

3,000 

2,500 

35 

17,500 

2,500 

14,000 

5,500 

65 

34,500 

Sub-total Objective 2 

TOTAL COST 

Prix 2004 

Prevention of and fight against crime  

Prevention,Preparedness  
and Consequence Management of Terrorism 

12,000 

14,000 

16,000 

18,000 

20,000 

20,000 

21,000 

121,000 

54,000 

61,000 

81,000 

94,000 

114,000 

114,000 

117,000 

635,000 

42,000 

47,000 

65,000 

76,000 

94,000 

100,000 

100,000 

524,000 

12,000 

14,000 

16,000 

18,000 

20,000 

20,000 

21,000 

121,000 

Total 

54,000 

61,000 

81,000 

94,000 

114,000 

120,000 

121,000 

645,000 

Prix Courants 

Prevention of and fight against crime 

Prevention,Preparedness  
and Consequence Management of Terrorism 

44,600 

50,900 

71,800 

85,600 

108,000 

117,200 

119,500 

597,600 

12,700 

15,200 

17,700 

20,300 

23,000 

23,400 

25,100 

137,400 

Total 

57,300 

66,100 

89,500 

105,900 

131,000 

140,600 

144,600 

735,000 

EN 

61 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 

12 

25 

27 

8 

8,5 

13

29

9

13,5 

13,5 

31 

33 

9,5 

8,5 

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 

55 

8.2.2.  Description of tasks deriving from the action 

Task N° 

Title  

Description 

Number 

MANAGEMENT 

1 

Management  

POLICY DEFINITION AND PROGRAMMING 

2 

3 

4 

5 

6 

7 

8 

Policy Making 

Definition of strategy, legal base,… 

Programme definition 

Establishment  of  annual  work  programme  (i.e.  financing  decision)  and 
interservice consultation 

Interface with relevant 
EC  programmes  & 
actions 

Interface  with  other 
Institutions 
and 
Member States 

interservice  coordination  in  order  to  ensure  complementarity-synergy  with 
other policies 

Interface  Council,EP  ensuring 
questions, briefing requests 

the  appropriate  reporting, 

information, 

Information 
Communication 

and 

1. Information and publicity activities 
2. EUROPA Web site 

Committee  interface  - 
chair & secretariat  

Budgeting 

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

2 

3 

0,5 

1 

0,5 

0,5 

1 

0,5 

EN 

62 

   EN 

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

9 

10 

Preparation  Calls  for 
proposals 

and 

Reception 
evaluation 
proposals/mult-
annual  and  annual 
programmes 

11 

Award decisions 

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

12 

Financial 
Commitment 

Preparation,  maintenance  and  closure  of  all  financial  commitments  + 
subconsequent amendments 

13 

Legal Commitment 

Preparation,  Signature,  Closure  of  all 
subconsequent amendments 

juridical  commitments  + 

PROGRAMME : MONITORING OF PROJECTS  

14 

Payments - Initiation 

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

15 

Project Monitoring 

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

PROCUREMENT, CONTROL AND AUDIT 

16 

17 

18 

19 

Ex-  ante  verification 
transactions, 
of 
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 

Procurement 
procedures 

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

20 

Reporting 

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

SUPPORT SERVICES 

21 

Filing and Archiving 

Database, digital and hardcopy filing 

22 

Programme 
Evaluation 

Ex ante - Mid term - Final evaluation 

23 

IT Support 

Specific development of IT Tools related to monitoring and implementation 

OVERHEAD 

24 

Administration 
(Overhead) 

CIS, Translations,HRM,Logistics,… 

TOTAL 

1,5 

8 

0,5 

2 

4 

4 

4 

2 

2 

1 

2 

1 

1 

2 

2 

9 

55 

EN 

63 

   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 

0,500 
0,050 

0,600 
0,100 

0,900 
0,150 

0,700 
0,100 

1,100 
0,300 

1,000 
0,100 

1,200 
0,400 

6,000 
1,200 

0,050 

0,100 

0,150 

0,150 

0,250 

0,150 

0,400 

1,250 

0,050 
0,050 
0,700 

0,050 
0,050 
0,900 

0,150 
0,150 
1,500 

0,100 
0,050 
1,100 

0,200 
0,150 
2,000 

0,100 
0,050 
1,400 

0,300 
0,100 
2,400 

0,950 
0,600 
10,000 

8.2.5.  Financial cost of human resources and associated costs not included in the 

reference amount 

EUR million (to 3 decimal places) 

Type of 
human 
resources 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

Total 

EN 

64 

   EN 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
3,294 

3,564 

3,888 

4,212 

4,536 

4,806 

5,022 

29,322 

0,756 

0,756 

0,864 

0,918 

0,972 

1,026 

0,918 

6,21 

4,050

4,320 

4,752

5,130

5,508

5,832 

5,940 

35,532

Officials  and 
temporary 
staff  (XX  01 
01) 

Staff  financed 
by Art XX 01 
02  (auxiliary, 
END, contract 
staff, etc.) 

(specify 
budget line) 

Total 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 

65 

   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

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 

Total 

2 
Other 
Management 
Expenditure 
(XX 01 02 11) 

3 

Other 
expenditure  of 
an 
administrative 
nature 
(specify 
including reference 
to budget line) 

EN 

66 

   EN 

 
 
 
 
  
  
  
  
  
  
  
  
  
Total 
Administrative 
expenditure, 
other than 
human 
resources and 
associated costs 
(NOT included 
in reference 
amount) 

4,720

5,045 

5,505

5,898

6,292

6,631

6,755 

34,092

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 

67 

   EN