European Parliament legislative resolution on the 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" (COM(2005)0124 - C6-0242/2005 - 2005/0035(CNS))
Date: 2006-12-14
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU police cooperation, crime, exchange of information, fight against crime

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

Article 17
Entry into force

This Decision shall enter into force on the twentieth day following that of its publication in the Official
Journal of the European Union. It shall apply from 1 January 2007, with the exception of Articles 8(2)(3)
and 10 bis that shall apply at the date when the present Decision shall take effect.

Done at Brussels,

P6_TA(2006)0596

For the Council

The President

Prevention of and Fight against Crime (Programme on Security and Safeguarding
Liberties) *

European Parliament legislative resolution on the 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’ (COM(2005)0124 — C6-0242/2005 —
2005/0035(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal (COM(2005)0124) (1),

— having regard to Article 34(2)(c) of the EU Treaty,

— having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament

(C6-0242/2005),

— having regard to Rules 93 and 51 of its Rules of Procedure,

— having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the

opinion of the Committee on Budgets (A6-0389/2006);

1. Approves the proposal as amended;

2. Considers that the indicative financial reference amount indicated in the legislative proposal must be
compatible with the ceiling of heading 3 A of the new multi-annual Financial Framework and points out
that the annual amount will be decided within the annual budgetary procedure in accordance with the provi-
sions of point 38 of the Interinstitutional Agreement between the European Parliament, the Council and the
Commission on budgetary discipline and sound financial management of 17 May 2006 (2);

(1) Not yet published in OJ.
(2) OJ C 139, 14.6.2006, p. 1.

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3. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

4. Calls on the Council to notify Parliament again if it intends to depart from the text approved by
Parliament;

5. Calls on the Council
substantially;

to consult Parliament

if

it

intends to amend the Commission proposal

6.

Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 1

(1) 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.

(1) The Union's priority 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.

Amendment 2

Recital 2

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

(2) To protect the freedom and security of our citizens and
society from criminal activities, the Union must take the neces-
sary measures to prevent, detect, investigate, and prosecute all
forms of crime efficiently and effectively, most particularly in
cases of organised crime.

Amendment 3

Recital 5

(5)
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.

(5)
It is necessary and appropriate to extend the possibilities
for funding of measures aiming at the prevention of and the
fight against crime. Efforts will be made in particular to make
the best possible use of the relevant agencies by means of a
capacity-building approach focusing on directly operational
aspects. The provisions of this programme should, further-
more, enable a review to be made of the modalities in the
interest of efficacy, cost-efficiency and transparency.

Amendment 4

Recital 9

(9) Since the objectives of the action to be taken, particularly
the prevention of and the fight against organised and trans-
border 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 subsi-
diarity as set up in Article 5 of the Treaty establishing the
In accordance with the principle of
European Community.
proportionality, as set out in that Article, this Decision does
not go beyond what is necessary to achieve those objectives.

(9) Since the objectives of the action to be taken, particularly
the prevention of and the fight against organised and trans-
border crime, cannot be sufficiently achieved by the Member
States and can therefore, by reason of the scale or impact of
the initiative, require action 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 proportion-
ality, as set out in that Article, this Decision does not go
beyond what is necessary to achieve those objectives.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 5

Recital 11

(11) The expenditure of the programme should be compa-
tible with the ceiling under Heading 3 of the financial perspec-
tive. 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.

(11) The expenditure of the programme should be compa-
tible with the ceiling under Heading 3 A of the financial frame-
work. 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.

Amendment 6

Article 3, paragraph 1, points a and b

(a)

law enforcement

(b) crime prevention and criminology

(a) crime prevention and criminology

(b) law enforcement aimed at countering criminal activity
and preventing criminals from enjoying the proceeds of
their criminal activities

Amendments 7 and 8

Article 3, paragraph 2, point a

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

(a) to promote and develop coordination, cooperation and
mutual understanding among law enforcement agencies,
other national, regional and local authorities, and related
Union bodies,
inter alia, by rationalising their work,
enhancing their interoperability, fostering an increase
in the number of
Investigation Teams coordi-
nated by Europol and of counter-terrorism training and
awareness-raising exercises based on cooperation between
Cepol and Europol;

Joint

Amendment 9

Article 3, paragraph 2, point b

(b) 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

(b) to stimulate, promote and develop horizontal methods and
tools and the standardisation of the procedures necessary
for strategically preventing and fighting crime, such as
public-private partnerships
(in strict compliance with
current and future provisions in areas as sensitive as data
retention and protection), best practices in crime preven-
tion, comparable statistics and applied criminology, inter
alia through the development of an independent bench-
marking tool, and

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Amendment 10

Article 3, paragraph 2, point c

Thursday, 14 December 2006

AMENDMENTS
BY PARLIAMENT

(c) to promote and develop best practices for the protection of

crime victims and witnesses.

(c) to promote and develop best practices for the protection of
inter alia by laying the
crime victims and witnesses,
foundations
fund
compensation
permanent
for
over and above the various national systems, to provide a
guaranteed common minimum level of protection and
compensation;

a

Amendment 11

Article 3, paragraph 2, point c a (new)

(ca) to promote, within suitable projects, the concept of ‘citi-
zens' involvement’ and to foster initiatives based on the
active involvement of civil society and its actors in
improving overall security.

Amendment 12

Article 3, paragraph 3

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

3.
The programme does not deal with judicial cooperation.
However, it may cover actions aiming at cooperation among
judicial authorities and law enforcement authorities and invol-
ving,
inter alia, the establishment under the cooperation
arrangements between Europol and Eurojust of a permanent
emergency legal assistance unit responsible for determining,
on the basis of the situation leading to the referral, which
legal basis may be used to extend police and/or security
service operations in full compliance with the law.

Amendment 26

Article 5, paragraph 1

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 part-
ners, universities, statistical offices, media, non-governmental
organisations, public-private partnerships and relevant inter-
national bodies.

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 part-
ners, universities, statistical offices, media, non-governmental
organisations, relevant international bodies and public-private
partnerships, provided that the latter are restricted to the
context of the thematic areas referred to in Article 3, para-
graph 1, points (b) and (c), and are subject to strict control
from the point of view of respect for fundamental rights,
including the right to personal data protection.

Amendment 13

Article 6, paragraph 1

Union financial support may take the following legal

1.
forms:

(a) Grants,

(b) Public procurement contracts.

1.
Union financial support may take the following legal
forms within the meaning of Articles 108 and 88 of Council
Regulation (EC, Euratom) No 1605/2002 of 25 June 2002,
(hereafter ‘the Financial Regulation’):

(a) Grants,

(b) Public procurement contracts.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 14

Article 6, paragraph 2 a (new)

2a.
Access to funding shall be facilitated by the applica-
tion of the principle of proportionality as regards the docu-
ments to be supplied and by the creation of a database for
the submission of applications.

Amendment 15

Article 3, paragraph 3 a (new)

3a.
The Commission shall, as far as possible, simplify
procedures and ensure that calls for proposals provided for in
this programme do not entail a bureaucratic burden for
promoters of the projects proposed. Calls for proposals may,
where appropriate, be organised in two stages, the first of
which would only require information that was strictly neces-
sary for a proper assessment of the project to be sent.

Amendment 16

Article 7, paragraph 5, point d

(d) geographic impact of the activities carried out;

(d) geographic and social impact of the activities carried out;

Amendment 17

Article 9

Where reference is made to this Article, Articles 3 and 7 of
Council Decision 1999/468/EC.

1. Where reference is made to this Article, the representa-
tive 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
if
may lay down according to the urgency of the matter,
necessary by taking a vote.

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

The Commission shall take the utmost account of the
3.
opinion delivered by the Committee.
inform the
Committee of the manner in which the opinion has been
taken into account.

It shall

Amendment 18

Article 14, paragraph 1 a (new)

1a.
The Commission shall ensure that the actions provided
for under this Decision are subject to ex ante evaluation,
monitoring and ex post evaluation. It shall ensure that the
programme is accessible and is implemented in a transparent
manner.

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TEXT PROPOSED
BY THE COMMISSION

Amendment 19

Article 14, paragraph 2

Thursday, 14 December 2006

AMENDMENTS
BY PARLIAMENT

The Commission shall ensure regular,

2.
external evaluation of the programme.

independent and

The Commission shall ensure regular,

independent and
2.
external evaluation of
It shall also hold
regular exchanges of views with programme beneficiaries on
the design, implementation and follow-up of the programme.

the programme.

Amendments 20 and 21

Article 14, paragraph 3

The Commission shall submit to the European Parliament

3.
and the Council:

(a) an interim evaluation report on the results obtained and
the qualitative and quantitative aspects of the implementa-
tion of this programme no later than 31 March 2010;

(b) 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.

The Commission shall

3.
European
Parliament, the Council, the European Economic and Social
Committee, the Committee of the Regions and the national
parliaments:

submit

the

to

(-a) succinct yearly reports including such information as is
necessary to measure the programme's success in quan-
titative terms;

(a)

three years after adoption of this Decision, an interim
evaluation report on the results obtained and the qualita-
tive and quantitative aspects of the implementation of this
programme;

(b)

four years after adoption of this Decision, a Communica-
tion on the continuation of the programme;

(c) no later than 31 March 2015, a detailed ex-post evalua-
tion report on the implementation and outcome of the
programme after its completion.

Amendment 22

Article 14 a (new)

Article 14a

Equal treatment

Organisations in receipt of an operating grant by virtue of
this programme may take part in calls for proposals for other
programmes, without however being entitled to preferential
treatment
from
vis-à-vis
budgets other than that of the EU.

organisations

financed

other

Amendment 23

Article 14 b (new)

Article 14b

Acknowledgement of funding

All institutions, association or activities in receipt of a grant
under this programme have the obligation to acknowledge
the support granted by the European Union. To this end the
Commission shall lay down detailed visibility guidelines.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 24

Article 14 c (new)

Article 14c

Dissemination of results

With a view to fostering the dissemination of results, the
tools generated by the projects funded under this programme
and relating in particular to crime statistics and data shall
be made available to the public free of charge by electronic
means.

Amendment 25

Article 14 d (new)

Article 14d

Publication of projects

Each year, the Commission, together with the Member States,
shall publish a list of the projects financed under this
programme, with a short description of each project.

P6_TA(2006)0597

Development of the second generation Schengen Information System (SIS II)
(regulation) *

European Parliament legislative resolution on the proposal for a Council Regulation amending
Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information
System (SIS II) (COM(2006)0383 — C6-0296/2006 — 2006/0125(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2006)0383) (1),
— having regard to Article 66 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0296/2006),

— having regard to Rule 51 of its Rules of Procedure,
— having regard to the report of

the Committee on Civil Liberties,

Justice and Home Affairs

(A6-0410/2006);

1. Approves the Commission proposal;

2. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3. Asks the Council
substantially;

to consult Parliament again if

it

intends to amend the Commission proposal

4.

Instructs its President to forward its position to the Council and Commission.

(1) Not yet published in OJ.