Council Decision of 12 February 2007 establishing for the period 2007 to 2013, as part of the General Programme on Fundamental Rights and Justice, the Specific Programme Criminal Justice
Date: 2007-02-12
Institutions: Council of the European Union
Subjects: EU programme, European judicial area, criminal law, exchange of information, judicial cooperation in criminal matters in the EU

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Official Journal of the European Union

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COUNCIL DECISION

of 12 February 2007

establishing for the period 2007 to 2013, as part of the General Programme on Fundamental Rights
and Justice, the Specific Programme ‘Criminal Justice’

(2007/126/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal of the Commission,

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

Whereas:

(1) Article 29 of the Treaty on European Union states that the
Union's objective is to provide citizens with a high level of
safety within an area of freedom, security and justice by
developing common action among the Member States in
the field of judicial cooperation in criminal matters.

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

include,

(3)

(4)

(5)

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

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) (2) 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.

The ambitious objectives set by the Treaty on European
Union and The Hague Programme should be realised
through the establishment of a flexible and effective
programme that will facilitate planning and implementa-
tion.

(6)

The programme should improve mutual confidence within
the judiciary. Mutual confidence, according to the Hague
strengthened by developing
Programme,

should be

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

Official Journal).

(2) OJ L 203, 1.8.2002, p. 1.

judicial organisation and institutions, by
networks of
improving training of judicial professions, by developing
the evaluation of the implementation of EU policies in the
field of justice, while fully respecting the independence of
the judiciary by increasing research in the field of judicial
cooperation, and by facilitating operational projects among
Member States aiming at modernising justice.

(7)

(8)

(9)

The programme should also facilitate the implementation
of the mutual recognition principle by improving mutual
knowledge on previous convictions passed in the European
Union, in particular through the creation of a computerised
system of exchange of information on criminal records.

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

Since the objectives of this Decision cannot be sufficiently
achieved by the Member States and can therefore, by reason
of the scale or effects of the programme, be better achieved
at the level of European Union, the Council may adopt
measures in accordance with the principle of subsidiarity as
set out in Article 5 of the Treaty establishing the European
Community, 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 in order to achieve
those objectives.

(10) Council Regulation (EC, Euratom) No 1605/2002 of
25 June 2002 on the Financial Regulation applicable to
the European Communities (3),
the general budget of
hereinafter ‘the Financial Regulation’, and Commission
Regulation (EC, Euratom) No 2342/2002 (4) of 23 Decem-
ber 2002 laying down detailed rules for the implementa-
tion of Council Regulation (EC, Euratom) No 1605/2002,
which safeguard the Community's
interests,
applies taking into account the principles of simplicity
and consistency in the choice of budgetary instruments, a

financial

(3) 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).
(4) 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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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.

(11) 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

(b)

(c)

to promote the compatibility in rules applicable in the
Member States as may be necessary to improve judicial
cooperation. To promote a reduction in existing legal
obstacles to the good functioning of judicial cooperation
with a view to strengthening the coordination of investiga-
tions and to increase compatibility of the existing judicial
systems in the Member States to the European Union with a
view to providing adequate follow-up to investigations of
law enforcement authorities of the Member States;

to improve the contacts and exchange of information and
judicial and administrative
best practices between legal,
authorities and the legal professions:
lawyers and other
professionals involved in the work of the judiciary, and to
foster the training of the members of the judiciary, with a
view to enhancing mutual trust;

(12) The Financial Regulation requires a basic act to be adopted

to cover operating grants.

(d)

to further improve mutual trust with the view to ensuring
protection of rights of victims and of the accused.

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

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

(14)

It is appropriate to replace Decision 2002/630/JHA from
1 January 2007 by this Decision and by Decision
establishing the Specific Programme ‘Prevention of and
Fight against Crime’.

(15)

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

the programme,

Article 3

Specific objectives

The Programme shall have the following specific objectives:

HAS DECIDED AS FOLLOWS:

(a)

to foster judicial cooperation in criminal matters aiming at:

Article 1

Subject matter

(i)

promoting mutual recognition of judicial decisions
and judgments;

1. This Decision establishes the Specific Programme ‘Criminal
Justice’, hereinafter referred to as ‘the Programme’, as part of the
General Programme on Fundamental Rights and Justice, in order
to contribute to the strengthening of the area of Freedom,
Security and Justice.

(ii)

eliminating obstacles created by disparities between
the judicial systems of Member States and promoting
the necessary approximation of substantive criminal
law concerning serious crime, in particular with cross
border dimension;

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

Article 2

General objectives

(iii)

further enhancing the establishment of minimum
standards concerning aspects of procedural criminal
law with the view to promoting the practical aspects
of judicial cooperation;

1. The Programme shall have the following general objectives:

(iv) guaranteeing a proper administration of justice by

avoiding conflicts of jurisdiction;

(a)

to promote judicial cooperation with the aim of contribut-
ing to the creation of a genuine European area of justice in
criminal matters based on mutual recognition and mutual
confidence;

(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.

(v)

improving the exchange of information, through the
use of computerised systems, in particular informa-
tion extracted from national criminal records;

(vi) promoting rights of the accused as well as social and

legal assistance to victims;

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(vii) encouraging Member States to step up cooperation
with Eurojust in combating of cross-border organised
and other serious crime;

(viii) promoting measures aiming at effective re-socialisa-
tion of offenders, in particular of juvenile offenders;

to improve mutual knowledge of Member States' legal and
judicial systems in criminal matters and to promote and
strengthen networking, mutual cooperation, exchange and
dissemination of information, experience and best prac-
tices;

to ensure the sound implementation,
the correct and
concrete application and the evaluation of Union instru-
ments in the areas of
judicial cooperation in criminal
matters;

(b)

(c)

(b)

(c)

(d)

specific transnational projects of Union interest presented
by at least two Member States or by at least one Member
States and one other country which may either be an
acceding or a candidate country under the conditions set
out in the annual work programmes; or

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

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

(e)

national projects within Member States, which

(d)

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

(i)

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

(e)

(f)

(g)

to promote training in Union and Community law for the
judiciary, lawyers and other professionals involved in the
work of the judiciary;

(ii)

complement
actions (complementary measures),

transnational projects and/or Union

to evaluate the general conditions necessary to develop
mutual confidence by improving mutual understanding
between judicial authorities and different legal systems, in
particular regarding the implementation of EU policies in
the field of justice;

(iii)

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.

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

information on criminal

Article 5

Target groups

Article 4

Eligible actions

With a view to pursuing the general and specific objectives set
out in Articles 2 and 3, the Programme shall support under the
conditions set out in the annual work programme the following
types of actions:

(a)

formulation of

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

The Programme is destined for inter alia,
legal practitioners,
representatives of victims' assistance services, and other profes-
sionals involved in the work of
the national
authorities and the citizens of the Union in general.

the judiciary,

Article 6

Access to the Programme

1. Access to the Programme shall be open to institutions and
public or private organisations, including professional organisa-
tions, universities, research institutes and legal and judicial
training/further training institutes for legal practitioners, non-
governmental organisations of the Member States. Bodies and
organisations which are profit oriented shall have access to the
Programme only in conjunction with non profit oriented or state
organisations.

‘Legal practitioners’ means,
judges, prosecutors,
advocates, solicitors, ministry officials, court officers, bailiffs,
court interpreters and other professionals involved in the work
of the judiciary in the area of criminal law.

inter alia,

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

Article 7

Types of intervention

1. Community funding may take the following legal forms:

(a)

grants;

(b)

public procurement contracts.

(b)

(c)

(d)

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

amount
appropriateness as to expected results;

requested for community financing and its

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
(c) and (d), shall be assessed in the light of:

2. Community grants shall normally be awarded further to
calls for proposals, save in duly substantiated exceptional cases of
urgency or where the characteristics of the beneficiary leave no
other choice for a given action, and shall be provided through
operating grants and grants 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 %.

(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;

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

(e)

citizen involvement
concerned;

in the organisation of

the bodies

for

expenditure

Furthermore, provision is made

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

Article 8

Implementing measures

1. The Commission shall implement the Community financial
in accordance with the Regulation (EC, Euratom)
support
No 1605/2002, hereinafter
‘the Financial
Regulation’.

referred to as

2. To implement the Programme, the Commission shall, within
the limits of the general objectives set out 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 7(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 11.

(f)

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 11. Decisions
related to actions submitted under Article 4(1)(b) to (e) shall be
adopted by the Commission in accordance with the advisory
procedure laid down in Article 10.

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 11.

7.
Pursuant to Article 113(2) of the Financial Regulation, the
principle of gradual reduction shall not apply to the operating
grant given to the European Judicial Training Network since it
pursues an objective of general European interest.

Article 9

Committee

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’).

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

2. The Committee shall adopt its Rules of Procedure.

(a)

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

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

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Article 10

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.

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 11

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
the Mem-
Community. The votes of
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 12

Complementarity

1.
Synergies and complementarity shall be sought with other
Union and Community instruments, inter alia, with the Specific
Programme ‘Civil Justice’, as part of the General Programme on
Fundamental Rights and Justice, and the general programmes on
Security and Safeguarding Liberties and Solidarity and Manage-
ment of Migration Flows. The statistical element of information
on criminal
justice shall be developed in collaboration with
Member States, using as necessary the Community Statistical
Programme.

2. The Programme may share resources with other Union and
Community instruments, in particular the Specific Programme
‘Civil Justice’, as part of the General Programme on Fundamental
rights and Justice, in order to implement actions meeting the
objectives of both programmes.

3. Operations financed under this Decision shall not receive
assistance for the same purpose from other Union/Community
financial instruments. It shall be ensured that the beneficiaries of
this Decision 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 13

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 14

Monitoring

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

the completion of

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 authorised 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
the
following the last payment
beneficiary of
the
Commission all the supporting documents regarding expendi-
ture on the action.

in respect of any action,
financial assistance keeps available for

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 assistance 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 15

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

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dissuasive penalties, in accordance with Regulations (EC, Eura-
tom) No 2988/95, (Euratom, EC) No 2185/96 and (EC) No 1073/
1999.

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

For the Community actions financed under this Decision,
2.
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.

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 assistance 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
assistance 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 16

Evaluation

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

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

independent,

(a)

(b)

(c)

(d)

an annual presentation on the implementation of
Programme;

the

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 2011;

a communication on the continuation of the Programme
no later than 30 August 2012;

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

Article 17

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 18

Transitional provisions

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

from 1 January 2007,

the

Actions started before 31 December 2006 pursuant to Decision
their
2002/630/JHA shall continue to be governed, until
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 19

Taking of effect and application

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

It shall apply from 1 January 2007.

Done at Brussels, 12 February 2007.

For the Council

The President

F.-W. STEINMEIER