Council Decision of 12 February 2007 establishing for the period 2007 to 2013, as part of General Programme on Security and Safeguarding Liberties, the Specific Programme Prevention of and Fight against Crime
Date: 2007-02-12
Institutions: Council of the European Union
Subjects: EU aid, EU programme, civil defence, fight against crime, help for victims, public safety

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III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY

COUNCIL DECISION

of 12 February 2007

establishing for the period 2007 to 2013, as part of General Programme on Security and Safeguarding
Liberties, the Specific Programme ‘Prevention of and Fight against Crime’

(2007/125/JHA)

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 Commission,

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

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 should 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.

the Tampere European
Building on the conclusions of
Council of October 1999,
the European Council has
reaffirmed the priority of developing the area of freedom,
security and justice — and particularly of protecting
citizens
through the
prevention of and fight against crime — by The Hague
Programme of November 2004 (2), the declarations on
terrorism of September 2001 and March 2004 and the
European Drugs strategy in December 2004.

from various criminal activities

(4)

(5)

(6)

(7)

To provide expertise in developing various aspects of crime
prevention at European Union level and support crime
prevention activities at
the
European Crime Prevention Network was established by
the Council Decision 2001/427/JHA (3) of 28 May 2001.

local and national

level,

The framework programme established by Council Deci-
sion 2002/630/JHA of 22 July 2002 establishing a
framework programme on police and judicial cooperation
in criminal matters (AGIS) (4) 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 between their police, judicial, legal and administrative
systems.

It is necessary and appropriate to extend the possibilities for
the 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.

The framework programme aims at facilitating effective
support and protection to interests of witnesses of crime.
The programme also underlines the importance of the
protection of victims of crimes. To point out the priority of
the support of victims the Specific Programme ‘Criminal
Justice’ emphasis the social and legal assistance to victims.

(8) 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 at Union level.

(1) Opinion delivered on 14 December 2006 (not yet published in the

Official Journal).

(2) OJ C 53, 3.3.2005, p. 1.

(3) OJ L 153, 8.6.2001, p. 1.
(4) OJ L 203, 1.8.2002, p. 5.

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

(10) Complementarity needs to be ensured regarding other
Union and Community programmes, such as the Seventh
Framework Programme for Research, Technological Devel-
opment and Demonstration Activities, the European Union
Solidarity Fund, the Civil Protection Financial Instrument
and the Structural Funds.

(11) Since the objectives of
this Decision, particularly the
against organised and
fight
prevention of and the
transborder crime, cannot be sufficiently achieved by the
Member States and can therefore, by reason of the scale or
impact of the programme, be better achieved at the level of
the Council may adopt measures in
European Union,
accordance with the principle of subsidiarity as set out in
Article 5 of the Treaty establishing the European Commu-
nity, made applicable to the Union by Article 2 of the
Treaty on European Union. In accordance with the principle
of proportionality, as set out in Article 5 of the Treaty
establishing the European Community, this Decision does
not go beyond what
is necessary to achieve those
objectives.

(12)

In accordance with Article 41(3) of the Treaty on European
Union, the operating expenditure should be financed by the
general budget of the European Union under Title VI.

(13) The expenditure of the programme should be compatible
with the ceiling under Heading 3 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. The decision
should, therefore, be limited to the generic definition of
envisaged actions and their respective administrative and
financial arrangements.

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

(15) 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'
(Euratom, EC)
No 2185/96 of 11 November 1996 concerning on-the-
spot checks and inspections carried out by the Commis-
sion (2) and Regulation (EC) No 1073/1999 of
the
European Parliament and of the Council of 25 May 1999
concerning investigations conducted by the European Anti-
Fraud Office (OLAF) (3).

interests (1),

financial

(1) OJ L 312, 23.12.1995, p. 1.
(2) OJ L 292, 15.11.1996, p. 2.
(3) OJ L 136, 31.5.1999, p. 1.

(16) Council Regulation (EC, Euratom) 1605/2002 of 25 June
2002 on the Financial Regulation applicable to the general
budget of the European Communities (4) and Commission
Regulation (EC, Euratom) 2342/2002 (5) of 23 December
2002 laying down detailed rules for the implementation of
Council Regulation 1605/2002, which safeguard the
Community's financial interests, applies 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
required
implementation and management,
proportionality between the amount of resources and the
administrative burden related to their use.

and the

(17)

It is appropriate to replace Decision 2002/630/JHA from
1 January 2007 by this Decision and by Decision
establishing the Specific Programme ‘Criminal Justice’.

(18)

In order to ensure the effective and timely implementation
of
this Decision should apply from
1 January 2007,

the programme,

HAS DECIDED AS FOLLOWS:

Article 1

Subject matter

1. This Decision establishes the Specific Programme ‘Preven-
tion of and Fight against Crime’, hereinafter referred to as ‘the
Programme’, as part of the General Programme on Security and
safeguarding liberties in order to contribute to the strengthening
of the area of Freedom, Security and Justice.

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

Article 2

General objectives

1. The 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 policies of the Union and
of the Community.

(4) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation
(EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).
(5) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by
Commission Regulation (EC, Euratom) No 1248/2006 (OJ L 227,
19.8.2006, p. 3).

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Article 3

Themes and specific objectives

one other country which may either be an acceding or a
candidate country;

1. The Programme shall consist of four themes:

(c)

national projects within Member States, which:

(a)

crime prevention and criminology;

(b)

law enforcement;

(c)

protection and support to witnesses;

(d)

protection of victims.

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

the Programme

shall

to stimulate, promote and develop horizontal methods and
tools necessary for strategically preventing and fighting
crime and guaranteeing security and public order such as
the work carried out
in the European Union Crime
Prevention Network, public-private partnerships, best
practices in crime prevention, comparable statistics, applied
criminology and an enhanced approach towards young
offenders;

to promote and develop coordination, cooperation and
mutual understanding among law enforcement agencies,
other national authorities and related Union bodies in
respect of
in
particular as set out by the Europol's Organised Crime
Threat Assessment;

the priorities identified by the Council

to promote and develop best practices for the protection
and support witnesses; and

(a)

(b)

(c)

(d)

(i)

(ii)

(iii)

prepare transnational projects and/or Union actions
(starter measures);

complement
(complementary measures);

transnational projects and/or Union

contribute to developing innovative methods and/or
technologies with a potential
for transferability to
actions at Union level, or develop such methods or
technologies with a view to transferring them to other
Member States and/or other country which may either
be an acceding or a candidate country;

(d)

operating grants
for non-governmental organisations
pursuing on a non-profit basis objectives of the Programme
on a European dimension.

2.

In particular, financial support may be provided for:

(a)

actions improving operational cooperation and coordina-
tion (strengthening networking, mutual confidence and
understanding, exchange and dissemination of information,
experience and best practices);

(b)

analytical, monitoring and evaluation activities;

(c)

development and transfer of technology and methodology;

(d)

training, exchange of staff and experts; and

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

(e)

awareness and dissemination activities.

3. The Programme does not deal with judicial cooperation.
it may cover actions which aim at encouraging
However,
cooperation between judicial authorities and law enforcement
authorities.

Article 5

Access to the Programme

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 under
the conditions set out in the annual work programme financial
support for the following types of actions:

(a)

(b)

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

transnational projects, which shall involve partners in at
least two Member States, or at least one Member State and

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, non-governmental organisations,
public-private partnerships and relevant international bodies.

2. Access to the Programme shall be opened to bodies and
organisations with legal personality established in the Member
States. Bodies and organisations which are profit oriented shall
have access to grants only in conjunction with non profit
oriented or state organisations.

regards

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

transnational projects,

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Article 6

Types of intervention

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

(a)

grants;

(b)

public procurement contracts.

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 annual work programme shall specify the minimum rate of
the annual expenditure to be awarded to grants. This minimum
rate shall be at least 65 %.

The maximum rate of co-financing of the costs of the projects
shall be specified in the annual work programme.

3.
Provision is made for expenditure for accompanying
measures, through public procurement contracts, in which case
Union funds shall cover the purchase of services and goods. This
shall cover, inter alia, expenditure on information and commu-
nication, preparation, implementation, monitoring, checking and
evaluation of projects, policies, programmes and legislation.

Article 7

Implementing measures

the Union financial
implement
1. The Commission shall
support
in accordance with the Regulation (EC, Euratom)
No 1605/2002, hereinafter referred to as ‘the Financial Regula-
tion’.

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

The annual work programme for 2007 shall be adopted three
months after taking of effect of this Decision.

3. The annual work programme shall be adopted in accordance
with the management procedure laid down in Article 10.

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

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;

(a)

(b)

(c)

(d)

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;

(d)

geographic impact of the activities carried out;

(e)

cost/benefit ratio of the activity proposed.

6. Decisions related to actions submitted under Article 4(1)(a)
shall be adopted by the Commission in accordance with the
management procedure laid down in Article 10. Decisions
related to actions submitted under Article 4(1)(b) to (d) shall be
adopted by the Commission in accordance with the advisory
procedure laid down in Article 9.

Decisions on applications for grants involving profit-oriented
bodies or organisations shall be adopted by the Commission in
accordance with the management procedure laid down in
Article 10.

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 the Committee).

2. The Committee shall adopt its rules of procedure.

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

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.

quality of the proposed action regarding its conception,
organisation, presentation and expected results and dis-
semination thereof;

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

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

shall

It

Article 10

Management procedure

1. Where reference is made to this Article, the representative of
the Commission shall submit to the Committee a draft of the
measures to be taken. The Committee shall deliver its opinion on
the draft, within a time-limit which the chair may lay down
according to the urgency of the matter. In the case of decisions
which the Council is required to adopt on a proposal from the
Commission, the opinion shall be delivered by the majority laid
down in Article 205(2) of the Treaty establishing the European
Community. The votes of
the Mem-
ber States within the Committee shall be weighted in the manner
set out in that Article. The chair shall not vote.

the representatives of

2. The Commission shall adopt measures which shall apply
immediately. However, if the measures are not in accordance
with the opinion of the Committee, they shall be communicated
by the Commission to the Council forthwith. In that event, the
Commission may defer application of the measures which it has
decided on for a period of three months from the date of such
communication.

3. The Council, acting by qualified majority, may take a
different decision within the period provided for by paragraph 2.

Article 11

Complementarity

1.
Synergies, consistency and complementarity shall be sought
with other Union and Community instruments, inter alia, with
the specific programmes ‘Prevention, Preparedness and Conse-
quence Management of Terrorism and other Security related
risks’ and ‘Criminal
the Framework Programme for
Research, Technological Development and Demonstration Activ-
ities,
the European Union Solidarity Fund and the Civil
Protection Financial Instrument.

Justice’,

2. The Programme may share resources with other Union and
Community instruments, in particular the ‘Prevention, Prepared-
ness and Consequence Management of Terrorism and other
Security related risks’ programme, in order to implement actions
meeting the objectives of both the Programme and the other
Union/Community instrument(s).

3. Operations financed under this Decision shall not receive
financial support
for the same purpose from other Union/
Community financial instruments. It shall be ensured that 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 12

Budgetary resources

The budgetary resources allocated to the actions provided for in
the 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 framework.

Article 13

Monitoring

1. The Commission shall ensure that for any action financed by
the Programme, the beneficiary submits technical and financial
reports on the progress of work and that a final report is
submitted within three months of the completion of the action.
The Commission shall determine the form and structure of the
reports.

the contracts and
2. The Commission shall ensure that
agreements resulting from the implementation of
the Pro-
gramme provide in particular for supervision and financial
control by the Commission (or any representative authorized by
it), if necessary by means of on-the-spot checks, including sample
checks, and audits by the Court of Auditors.

3. The Commission shall ensure that for a period of five years
following the last payment
the
beneficiary of financial support keeps available for the Commis-
sion all the supporting documents regarding expenditure on the
action.

in respect of any action,

4. On the basis of the results of the reports and on-the-spot
checks referred to in paragraphs 1 and 2, the Commission shall
ensure that, if necessary, the scale or the conditions of allocation
of
the financial support originally approved and also the
timetable for payments is adjusted.

5. The Commission shall ensure that 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 be taken.

Article 14

Protection of Community financial interests

1. The Commission shall ensure that, when actions financed
under this Decision are implemented, the financial interests of
the Community are protected by the application of measures to
prevent 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 Regulations (EC, Eura-
tom) No 2988/95, (Euratom, EC) No 2185/96 and (EC) No 1073/
1999.

For

financed under

the Union actions

2.
this Decision,
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 it, by an unjustified item
of expenditure.

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if it finds irregularities,

3. The Commission shall ensure that the amount of financial
assistance granted for an action is reduced, suspended or
recovered,
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 ensure that
the beneficiary is requested to submit observations within a
specified period. If the beneficiary does not give a satisfactory
answer, the Commission shall ensure that the remaining financial
support might be cancelled and repayment of sums already paid
demanded.

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

Article 15

Evaluation

(c)

a communication on the continuation of the Programme
no later than 31 December 2010;

(d)

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

Article 16

Publication of projects

Each year the Commission shall publish the list of actions
financed under the Programme with a short description of each
project.

Article 17

Transitional provisions

1. This Decision shall,
corresponding provisions of the Decision 2002/630/JHA.

from 1 January 2007, replace the

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

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

Article 18

Taking of effect and application

2. The Commission shall ensure regular,
external evaluation of the Programme.

independent and

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

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

It shall apply from 1 January 2007.

(a)

(b)

an annual presentation on the implementation of
Programme;

the

Done at Brussels, 12 February 2007.

an interim evaluation report on the results obtained and the
qualitative and quantitative aspects of the implementation
of the Programme no later than 31 March 2010;

For the Council

The President

F.-W. STEINMEIER