European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (COM(2011)0753 — C7-0445/2011 — 2011/0368(COD) — (2013/2505(RSP))
Date: 2013-01-17
Institutions: European Parliament
Subjects: EU police cooperation, civil defence, computer crime, fight against crime, fund (EU), judicial cooperation in criminal matters in the EU, organised crime, terrorism




C_2015440EN.01027601.xml










30.12.2015   


EN


Official Journal of the European Union


C 440/276





P7_TA(2013)0021
Instrument for financial support for police cooperation, preventing and combating crime, and crisis management (Decision on the opening of interinstitutional negotiations)
European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (COM(2011)0753 — C7-0445/2011 — 2011/0368(COD) — (2013/2505(RSP))
(2015/C 440/31)

The European Parliament,






—


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










—


having regard to Rules 70(2) and 70a of its Rules of Procedure,




decides to open interinstitutional negotiations on the basis of the following mandate:

MANDATE


Amendment 1


Draft regulation


Paragraph 1 a (new)








Text proposed by the Commission




Modification





 




1a.
   
Points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the Multiannual Financial Framework for the years 2014-2020;







Amendment 2


Draft legislative resolution


Paragraph 1 b (new)








Text proposed by the Commission




Amendment





 




1b.
   
Recalls its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’ (1); reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the TFEU, as well as to respond to unforeseen events; calls on the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value; points out that even with an increase in the level of resources for the next MFF of at least 5 % compared to the 2013 level only a limited contribution can be made to the achievement of the Union's agreed objectives and commitments and the principle of Union solidarity;







Amendment 3


Proposal for a regulation


Recital 1








Text proposed by the Commission




Amendment











(1)


The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union) should be achieved, inter alia, through measures to prevent and combat crime as well as through measures for coordination and cooperation between law enforcement authorities of Member States and with relevant third-countries.












(1)


The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union) should be achieved, inter alia, through measures to prevent and combat crime as well as through measures for coordination and cooperation between law enforcement authorities of Member States
, other national authorities and relevant Union bodies,
 and with relevant third-countries 
and international organisations
. 
This objective should be achieved while ensuring respect for human rights in accordance with the provisions of the Charter of Fundamental Rights and with the Union's international obligations.











Amendment 4


Proposal for a regulation


Recital 2








Text proposed by the Commission




Amendment











(2)


To achieve this objective, enhanced actions at Union level should be taken to protect people and goods from increasingly transnational threats and to support the work carried out by Member States' competent authorities. Terrorism and organised crime, drug trafficking, corruption, cyber crime, trafficking in human beings and arms, inter alia, continue to challenge the internal security of the Union.












(2)


To achieve this objective, enhanced actions at Union level should be taken to protect people and goods from increasingly transnational threats and to support the work carried out by Member States' competent authorities. Terrorism and organised crime, drug trafficking, corruption, cyber crime, 
cyber security,
 trafficking in human beings and arms, inter alia, continue to challenge the internal security of the Union.









Amendment 5


Proposal for a regulation


Recital 4








Text proposed by the Commission




Amendment











(4)


Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and the rule of law as well as a strong focus on the global perspective and the 
inextricable
 link with external security should be key principles guiding the implementation of the Internal Security Strategy.












(4)


Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and 
freedoms and
 the rule of law as well as a strong focus on the global perspective and 
on
 the link 
and the necessary coherence
 with external security should be key principles guiding the implementation of the Internal Security Strategy.









Justification


Parliament has already called for coherence in EU actions in regard to internal and external security, in the Report on the Internal Security Strategy.


Amendment 6


Proposal for a regulation


Recital 5








Text proposed by the Commission




Amendment











(5)


To promote the implementation of the Internal Security Strategy and to ensure that it becomes an operational reality, Member States should be provided with adequate Union financial support by setting up an Internal Security Fund.












(5)


To promote the implementation of the Internal Security Strategy and to ensure that it becomes an operational reality, Member States should be provided with adequate Union financial support by setting up 
and managing
 an Internal Security Fund.









Amendment 7


Proposal for a regulation


Recital 7 a (new)








Text proposed by the Commission




Amendment





 










(7a)






Cross-border crimes such as human trafficking and exploitation of illegal immigration by criminal organisations may be tackled effectively through judicial and police cooperation.











Justification


Crime’s infiltration into the legitimate economy is one of the factors distorting the internal market.


Amendment 8


Proposal for a regulation


Recital 8 a (new)








Text proposed by the Commission




Amendment





 










(8a)






Tackling organised crime effectively is fundamental to protecting the legitimate economy from typical criminal activities such as laundering of the proceeds of crime.











Justification


Crime’s infiltration into the legitimate economy is one of the factors distorting the internal market.


Amendment 9


Proposal for a regulation


Recital 8 b (new)








Text proposed by the Commission




Amendment





 










(8b)






In times of austerity for Union policies, overcoming economic problems calls for renewed flexibility, innovative organisational measures, better use of existing structures, and coordination between the Union’s institutions, agencies and national authorities and with third countries.











Justification


The economic crisis calls for flexible and innovative responses in order to be just as effective as before in fighting organised crime.


Amendment 10


Proposal for a regulation


Recital 9








Text proposed by the Commission




Amendment











(9)


Within the comprehensive framework of the Internal Security Fund, the financial assistance provided under this Instrument should support police cooperation, exchange of and access to information, crime prevention, the fight against cross-border, serious and organised crime including terrorism, the protection of people and critical infrastructure against security related incidents and the effective management of security related risks and crisis, taking into account common policies (strategies, programmes and action plans), legislation and practical co-operation.












(9)


Within the comprehensive framework of the Internal Security Fund, the financial assistance provided under this Instrument should support police cooperation, exchange of and access to information, crime prevention, the fight against cross-border, serious and organised crime including terrorism, 
trafficking in human beings and child sexual exploitation and distribution of child abuse images,
 the protection of people and critical infrastructure against security related incidents and the effective management of security related risks and crisis, taking into account common policies (strategies, programmes and action plans), legislation and practical co-operation.









Justification


Trafficking in human beings and child sexual exploitation are among the worst forms of serious and organized crime. They should be mentioned specifically in this Recital.


Amendment 11


Proposal for a regulation


Recital 10








Text proposed by the Commission




Amendment











(10)


Financial assistance in these areas should in particular support actions 
promoting
 cross-border joint operations, access to and exchange of information, exchange of best practices, facilitated and secure communication and coordination, training and exchange of staff, analytical, monitoring and evaluation activities, comprehensive threat and risk assessments, awareness raising activities, testing and validation of new technology, forensic science research and the acquisition of technical interoperable equipment.












(10)


Financial assistance in these areas should in particular support 
actions aimed at improving the cooperation between the Member States and the European Police Office (EUROPOL). These
 actions 
should promote
 cross-border joint operations, access to and exchange of information, exchange of best practices, facilitated and secure communication and coordination, training and exchange of staff, analytical, monitoring and evaluation activities, comprehensive threat and risk assesments, 
cooperation between Member States and relevant EU bodies,
 awareness raising activities, testing and validation of new technology, forensic science research and the acquisition of technical interoperable equipment. 
Financial assistance in these areas should only support actions, which are in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council.











Amendment 12


Proposal for a regulation


Recital 11








Text proposed by the Commission




Amendment











(11)


Measures in and in relation to third countries supported through this Instrument should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments. Coherence will also be sought with the Union humanitarian policy, in particular as regards the implementation of emergency measures.












(11)


Measures in and in relation to third countries supported through this Instrument should be taken in synergy and coherence with other actions outside the Union supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question
, democratic principles and values, fundamental liberties and rights, the rule of law and the sovereignty of third countries
. They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments. Coherence will also be sought with the Union humanitarian policy, in particular as regards the implementation of emergency measures.









Amendment 13


Proposal for a regulation


Recital 12 a (new)








Text proposed by the Commission




Amendment





 










(12a)






Pursuant to Article 3 of the Treaty on European Union, the Instrument should aim to ensure the protection of the rights of the child, including the protection of children against violence, abuse, exploitation and neglect.




The Instrument should support in particular safeguards and assistance of child witnesses and victims, and special protection and support for unaccompanied children or children otherwise in need of guardianship.




Regular monitoring and evaluation, including monitoring of expenditure should be carried out to assess the way in which the protection of children is addressed in the Instrument's activities.











Justification


The EU has committed itself to protecting the rights of the child. These efforts need to be made visible in the implementation and execution of this Regulation.


Amendment 14


Proposal for a regulation


Recital 13








Text proposed by the Commission




Amendment











(13)


To ensure a uniform implementation of the Internal Security Fund, the Union budget allocated to this financial instrument should be implemented by 
shared
 management, with the exception of actions 
of particular interest to the Union (Union actions), emergency assistance and technical assistance
, which are implemented in 
direct and indirect
 management.












(13)


To ensure a uniform implementation of the Internal Security Fund 
and efficient management of actions of particular interest to the Union (Union actions), emergency assistance and technical assistance
, the Union budget allocated to this financial instrument should be implemented by 
direct and indirect
 management, with the exception of actions 
requiring administrative flexibility and national programmes
, which are implemented in 
shared
 management.









Justification


Implementation of the Union budget by shared management should be the exception and not the rule (cf. Article 55 of the Financial Regulation).


Amendment 15


Proposal for a regulation


Recital 13 a (new)








Text proposed by the Commission




Amendment





 










(13a)






For the resources implemented under shared management, it is necessary to ensure that the Member States' national programmes are fully aligned with EU-level priorities and objectives.











Justification


Lessons learned from the mid-term review and consulting stakeholders suggest that shared management should be more results-oriented and a common regulatory framework should be drawn up.


Amendment 16


Proposal for a regulation


Recital 14








Text proposed by the Commission




Amendment











(14)


The resources allocated to Member States for implementation through their national programmes should be distributed on the basis of clear 
and
 objective criteria relating to the public goods to be protected by Member States and the degree of their financial capacity to ensure a high level of internal security, such as the size of their population, their territorial size, the number of passengers and cargo processed through international air and seaports, 
the number of European critical infrastructure
 and their gross domestic product.












(14)


The resources allocated to Member States for implementation through their national programmes should be distributed on the basis of clear, objective 
and measurable
 criteria relating to the public goods to be protected by Member States and the degree of their financial capacity to ensure a high level of internal security, such as the size of their population, their territorial size, the number of passengers and cargo processed through international air and seaports, and their gross domestic product.









Justification


The changes are in line with changes proposed for Article 10.


Amendment 17


Proposal for a regulation


Recital 16








Text proposed by the Commission




Amendment











(16)


The ceiling for resources 
which remain at the disposal of the Union should be equal to the resources
 allocated to Member States for the implementation of their national programmes
. This will ensure that
 the Union is able, in a given budget year, to support actions which are of particular interest to the Union, such as studies, testing and validation of new technologies, transnational projects, networking and exchange of best practices, monitoring of the implementation of relevant Union law and Union policies and actions in relation to and in third-countries. The actions supported should be in line with the priorities identified in relevant Union strategies, programmes, action plans and risk and threat assessments.












(16)


The ceiling for resources allocated to Member States for the implementation of their national programmes 
should be higher than the resources at the disposal of the European Union for its actions. To this end, Member States’ capacity to use the funds available needs to be enhanced through better training for their authorities concerned. However,
 the Union 
should be guaranteed adequate resources at its disposal to ensure that it
 is able, in a given budget year, to support actions which are of particular interest to the Union, such as studies, testing and validation of new technologies, transnational projects, networking and exchange of best practices, monitoring of the implementation of relevant Union law and Union policies and actions in relation to and in third-countries. The actions supported should be in line with the priorities identified in relevant Union strategies, 
including a cyber security strategy,
 programmes, action plans and risk and threat assessments.









Amendment 18


Proposal for a regulation


Recital 18 a (new)








Text proposed by the Commission




Amendment





 










(18a)






The TFEU provides for delegated acts only as non-legislative acts of general application relating to non-essential elements of a legislative act. Any essential element should be laid down in the legislative act in question.











Amendment 19


Proposal for a regulation


Recital 18 b (new)








Text proposed by the Commission




Amendment





 










(18b)






Spending of EU and Member States’ funds in this area should be better coordinated in order to assure complementarity, a better efficiency and visibility, as well as to achieve better budgetary synergies.











Amendment 20


Proposal for a regulation


Recital 18 c (new)








Text proposed by the Commission




Amendment





 










(18c)






There is a need to maximise the impact of EU funding by mobilising, pooling and leveraging public financial resources.











Amendment 21


Proposal for a regulation


Recital 18 d (new)








Text proposed by the Commission




Amendment





 










(18d)






Utmost transparency, accountability and democratic scrutiny should be ensured for mechanisms that involve the EU budget.











Amendment 22


Proposal for a regulation


Recital 18 e (new)








Text proposed by the Commission




Amendment





 










(18e)






Better implementation and quality of spending should constitute guiding principles for achieving the objectives of the programme while ensuring optimal use of the financial resources.











Amendment 23


Proposal for a regulation


Recital 18 f (new)








Text proposed by the Commission




Amendment





 










(18f)






When the Commission implements the Union budget under shared management, implementation tasks should be delegated to Member States. The Commission and the Member States should respect the principles of sound financial management, transparency and non-discrimination and ensure the visibility of Union action when they manage Union funds. To this end, the Commission and the Member States should fulfil their respective control and audit obligations, and assume the resulting responsibilities laid down in this Regulation. Complementary provisions should be laid down in sector-specific rules.











Amendment 24


Proposal for a regulation


Recital 18 g (new)








Text proposed by the Commission




Amendment





 










(18 g)






There is a need to ensure sound financial management of the programme and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the programme to all participants.











Amendment 25


Proposal for a regulation


Recital 18 h (new)








Text proposed by the Commission




Amendment





 










(18h)






The Commission should annually monitor the implementation of the Instrument with the aid of key indicators for assessing results and impacts. These indicators, including relevant baselines, should provide the minimum basis for assessing the extent to which the objectives of the programmes have been achieved.











Amendment 26


Proposal for a regulation


Recital 23








Text proposed by the Commission




Amendment













(23)






As regards Iceland and Norway, this Regulation constitutes a development of the Schengen acquis which falls within the areas referred to in Article 1, Point H of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis.










deleted







Justification


This Regulation does not constitute a development of the Schengen acquis.


Amendment 27


Proposal for a regulation


Recital 24








Text proposed by the Commission




Amendment













(24)






As regards Switzerland, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the latter's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, Point H of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC on the conclusion, on behalf of the European Community, of the Agreement.










deleted







Justification


This Regulation does not constitute a development of the Schengen acquis.


Amendment 28


Proposal for a regulation


Recital 25








Text proposed by the Commission




Amendment













(25)






As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, Point H of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/349/EU on the conclusion, on behalf of the Union, of the Protocol.










deleted







Justification


This Regulation does not constitute a development of the Schengen acquis.


Amendment 29


Proposal for a regulation


Article 2 — point b








Text proposed by the Commission




Amendment











(b)


‘exchange of and access to information’ means the collection, storage, processing, analysis and exchange of information relevant to law enforcement authorities in relation to the prevention, detection, investigation, and prosecution of criminal offences, in particular cross-border, serious and organised crimes.












(b)


‘exchange of and access to information’ means the 
secure
 collection, storage, processing, analysis and exchange of information relevant to law enforcement authorities 
in the Union
 in relation to the prevention, detection, investigation, and prosecution of criminal offences, in particular cross-border, serious and organised crimes.









Amendment 30


Proposal for a regulation


Article 2 — point d








Text proposed by the Commission




Amendment











(d)


‘organised crime’ means a 
punishable
 conduct 
committed
 by a structured group 
of three or
 more persons
, existing for a period of time
 and 
acting in concert in order
 to obtain, directly or indirectly, a financial or other 
material
 benefit.












(d)


‘organised crime’ means a conduct by a structured group 
that exists
 for a period of time 
sufficient for the conduct to be more than occasional, and 
that comprises
 more 
than two
 persons 
who are bound by a partnership obligation
 and 
who act
 in concert 
with a view to committing offences which are punishable by deprivation of liberty or
 a 
detention order of a maximum of at least four years or a more serious penalty
, 
and where the aim of that conduct is
 to obtain, directly or indirectly, 
including by intimidation,
 a financial or other benefit;









Amendment 31


Proposal for a regulation


Article 2 — point f








Text proposed by the Commission




Amendment











(f)


‘risk and crisis management’ means any measure relating to the assessment, prevention, preparedness and consequence management of terrorism and other security-related risks.












(f)


‘risk and crisis management’ means any measure relating to the assessment, prevention, preparedness and consequence management of terrorism
, organised crime
 and other security-related risks.









Amendment 32


Proposal for a regulation


Article 2 — point h








Text proposed by the Commission




Amendment











h)


‘consequence management’ means the effective coordination of 
measures
 taken in order to react to and to reduce the impact of the effects of a terrorist attack or any other security related incident 
in order to ensure an effective coordination of actions at national and/or EU level
.












h)


‘consequence management’ means the effective coordination of 
actions
 taken 
at national and/or EU level
 in order to react to and to reduce the impact of the effects of a terrorist attack or any other security related incident.









Justification


The proposed reformulation makes the text a great deal clearer.


Amendment 33


Proposal for a regulation


Article 2 — point i








Text proposed by the Commission




Amendment











i)


‘critical infrastructure’ means 
any physical resources, services, information technology facilities, networks and infrastructure assets
 which
, if disrupted or destroyed,
 would have a 
serious
 impact 
on critical societal functions, including the supply chain, health, safety, security, economic or social well-being of people or of the functioning of
 the Union 
or its Member States
.












i)


‘critical infrastructure’ means 
an asset, network, system or part thereof located in Member States
 which 
is essential for the maintenance of vital societal functions, health, safety, security, economic or social well-being of people, and the disruption, the breach or destruction of which
 would have a 
significant
 impact 
in a Member State or in
 the Union 
as a result of the failure to maintain those functions
;









Amendment 34


Proposal for a regulation


Article 3 — paragraph 2 — point a — paragraph 1








Text proposed by the Commission




Amendment











a)


preventing and combating cross-border, serious and organised crime including terrorism, and reinforcing coordination and cooperation between law enforcement authorities of Member States and with relevant third-countries.












a)


preventing and combating cross-border, serious and organised crime including terrorism
, trafficking in human beings, exploitation of illegal immigration, child sexual exploitation, distribution of child abuse images, cybercrime and laundering of the proceeds of crime
, and reinforcing coordination and cooperation between law enforcement authorities of Member States 
and relevant Union bodies
 and with relevant third-countries 
and international organisations
.









Amendment 35


Proposal for a regulation


Article 3 — paragraph 2 — point a — paragraph 2








Text proposed by the Commission




Amendment







The achievement of this objective shall be measured against indicators such as, inter alia, the number of cross-border-joint operations and the number of best practice documents and events organised.






deleted







Justification


A specific amendment describing indicators to measure achievement of the objectives has been proposed.


Amendment 36


Proposal for a regulation


Article 3 — paragraph 2 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






enhancing the capacity of Member States to cooperate with Europol and to make a better use of Europol's products and services.











Amendment 37


Proposal for a regulation


Article 3 — paragraph 2 — point b — paragraph 2








Text proposed by the Commission




Amendment







The achievement of this objective shall be measured against indicators such as, inter alia, the number of tools put in place and/or further upgraded to facilitate the protection of critical infrastructure by Member States in all sectors of the economy and the number of threat and risk assessments produced at the level of the Union.






deleted







Justification


A specific amendment describing indicators to measure achievement of the objectives has been proposed..


Amendment 38


Proposal for a regulation


Article 3 — paragraph 3 — introductory part








Text proposed by the Commission




Amendment





3.   To achieve these objectives, the Instrument shall contribute to the following operational objectives 
by promoting and developing
:


3.   To achieve these objectives, the instrument shall contribute to the following operational objectives:





Justification


The change is in line with other amendments to Article 3(3).


Amendment 39


Proposal for a regulation


Article 3 — paragraph 3 — point a








Text proposed by the Commission




Amendment











a)


measures (methodologies, tools, structures) strengthening Member States' capability to prevent and combat cross-border, serious and organised crime 
including
 terrorism, in particular through public-private partnerships, the exchange of information and best practices, access to data, interoperable technologies, comparable statistics, applied criminology, public communication and awareness raising.












a)




promote and develop
 measures (methodologies, tools, structures) strengthening Member States' capability to prevent and combat cross-border, serious and organised crime, 
cybercrime or
 terrorism, in particular through public-private partnerships, the exchange of information and best practices, access to data, interoperable technologies, comparable statistics, applied criminology, public communication and awareness raising.









Amendment 40


Proposal for a regulation


Article 3 — paragraph 3 — point b








Text proposed by the Commission




Amendment











b)


administrative and operational coordination, cooperation, mutual understanding and the exchange of information among Member States' law enforcement authorities, other national authorities, relevant Union bodies and, where appropriate, with third-countries.












b)




promote and develop
 administrative and operational coordination, cooperation, mutual understanding and the exchange of information among Member States' law enforcement authorities, other national authorities, relevant Union bodies and, where appropriate, with third-countries 
and international organisations
.









Amendment 41


Proposal for a regulation


Article 3 — paragraph 3 — point c








Text proposed by the Commission




Amendment











(c)


training schemes 
in implementation of European training policies
, including through specific Union law enforcement exchange programmes, in order to foster a genuine European judicial and law enforcement culture.












(c)




promote and develop
 training schemes 
regarding knowledge of obligations relating to respect for human rights and fundamental freedoms and in implementation of European training policies,
 including through specific Union law enforcement exchange programmes, in order to foster a genuine European judicial and law enforcement culture.








 



(This amendment also applies to points (d) to (g); technical adjustments to said points should be made.)






Amendment 42


Proposal for a regulation


Article 3 — paragraph 3 — point d








Text proposed by the Commission




Amendment











(d)


measures and best practices for 
the
 protection and support of witnesses and victims of crime.












(d)




promote and develop
 measures, 
mechanisms
 and best practices for 
early identification,
 protection and support of witnesses and victims of crime
, in particular safeguards and assistance of child witnesses and victims, and special protection and support for unaccompanied children or children otherwise in need of guardianship
.









Justification


Witnesses and victims of crime do not only need protection and support but also need to be identified as early as possible. The EU has committed itself to protecting the rights of the child. These efforts need to be made visible in the implementation and execution of this Regulation.


Amendment 43


Proposal for a regulation


Article 3 — paragraph 3 — point g








Text proposed by the Commission




Amendment











(g)


measures (methodologies, tools and structures) strengthening the administrative and operational capacity of the Member States and the Union to develop comprehensive threat and risk assessments in order to enable the Union to develop integrated approaches based on common and shared appreciations in crisis situations and to enhance mutual understanding of Member States' and partner countries' various definitions of threat levels.












(g)




promote and develop
 measures (methodologies, tools and structures) strengthening the administrative and operational capacity of the Member States and the Union to develop comprehensive threat and risk assessments
, which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council,
 in order to enable the Union to develop integrated approaches based on common and shared appreciations in crisis situations and to enhance mutual understanding of Member States' and partner countries' various definitions of threat levels.









Justification


No funds should be used as conduits for the financing of measures or practices that have not first been approved by a political agreement at the level of the European Parliament and Council.


Amendment 44


Proposal for a regulation


Article 3 a (new)








Text proposed by the Commission




Amendment





 




Article 3a






 




Indicators






 




The achievement of the specific objectives referred to in Article 3 shall be assessed on the basis of clearly pre-defined, transparent and measurable performance indicators, in particular such as:






 










a)






the number of joint cross-border operations;










 










b)






the number and percentage of members of staff of the competent authorities referred to in Article 87 of the Treaty on the Functioning of the European Union (TFEU) who have taken part in training activities, staff exchanges, study visits, meetings and seminars funded by the programme;










 










c)






the number and quality of codes of good practice drawn up and events organised;










 










d)






the number of tools put in place and/or upgraded to facilitate the protection of critical infrastructure by Member States in all sectors of the economy, and the number of threat and risk assessments produced at Union level;














e)






the number of contributions sent to Europol databases and the number of cases initiated.










 




Member States shall provide the Commission with the necessary information that is required for the assessment of the achievements, as measured against the indictors.







Amendment 45


Proposal for a regulation


Article 4 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


actions improving police cooperation 
and
 coordination between law enforcement authorities, including joint investigation teams and any other form of cross-border joint operation, the access to and exchange of information and interoperable technologies;












(a)


actions improving police cooperation, coordination between law enforcement authorities 
and inter-agency collaboration
, including joint investigation teams and any other form of cross-border joint operation, the access to and exchange of information and interoperable technologies
, such as the extension of Europol Secure Information Exchange Network Application (SIENA) or the implementation of data loaders for the Europol information system
;









Amendment 46


Proposal for a regulation


Article 4 — paragraph 1 — point c








Text proposed by the Commission




Amendment











(c)


analytical, monitoring and evaluation activities, including studies and threat, risk and impact assessments;












(c)


analytical, monitoring and evaluation activities, including studies and threat, risk and impact assessments, 
which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council
;









Justification


No funds should be used as conduits for the financing of measures or practices that have not first been approved by a political agreement at the level of the European Parliament and the Council.


Amendment 47


Proposal for a regulation


Article 4 — paragraph 2 — subparagraph 1 a (new)








Text proposed by the Commission




Amendment





 




Coordination as regards actions in and in relation to third countries shall be ensured by the Commission and the Member States, together with the European External Action Service, as set out in Article 3(4a) of Regulation (EU) No …/2013 [the Horizontal Regulation].







Amendment 48


Proposal for a regulation


Article 5 — paragraph 2








Text proposed by the Commission




Amendment





2.   The annual appropriations shall be authorised by the budgetary authority 
within
 the 
limits
 of the 
Financial Framework
.


2.   The annual appropriations 
for the Fund
 shall be authorised by the budgetary authority 
without prejudice to
 the 
provisions
 of the 
Regulation laying down the multiannual financial framework for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management
.





Amendment 49


Proposal for a regulation


Article 5 — paragraph 4








Text proposed by the Commission




Amendment





4.   The budget allocated under the Instrument shall be implemented under shared management in accordance with Article 55(1)(b) of Regulation (EU) No XXXX/2012 [New Financial Regulation], 
with the exception of the Union actions referred to in Article 7, the technical assistance referred to in Article 8(1) and the emergency assistance referred to in Article 9
.


4.   The budget allocated under the Instrument shall be implemented 
by direct and indirect management (the Union actions referred to in Article 7, the technical assistance referred to in Article 8(1) and the emergency assistance referred to in Article 9) or
 under shared management in accordance with Article 55(1)(b) of Regulation (EU) No XXXX/2012 [New Financial Regulation].





Justification


Implementation of the Union budget by shared management should be the exception and not the rule (cf. Article 55 of the Financial Regulation).


Amendment 50


Proposal for a regulation


Article 5 — paragraph 4 a (new)








Text proposed by the Commission




Amendment





 




4a.
   
In accordance with Article 317 TFEU, the ultimate responsibility for implementing the Union budget lies with the Commission.







Justification


According to Article 317 TFEU, the ultimate responsibility for implementing the Union budget rests with the Commission.


Amendment 51


Proposal for a regulation


Article 5 — paragraph 5








Text proposed by the Commission




Amendment





5.   
The
 global resources shall be used 
indicatively
 as follows:


5.   
Without prejudice to the prerogatives of the budgetary authority, the
 global resources shall be used as follows:










a)




EUR 564 million
 for the national programmes of Member States;












a)




55 %
 for the national programmes of Member States;














b)




EUR 564 million
 for Union actions, emergency assistance and technical assistance at the initiative of the Commission.












b)




45 %
 for Union actions, emergency assistance and technical assistance at the initiative of the Commission.









Amendment 52


Proposal for a regulation


Article 5 — paragraph 7








Text proposed by the Commission




Amendment







7.
   
The countries associated with the implementation, application and development of the Schengen acquis shall participate in the Instrument, in accordance with this Regulation.






deleted







Justification


This Regulation does not constitute a development of the Schengen acquis.


Amendment 53


Proposal for a regulation


Article 5 — paragraph 8








Text proposed by the Commission




Amendment







8.
   
Arrangements shall be concluded on the financial contributions by these countries to the Instrument and the supplementary rules necessary for such participation, including provisions ensuring the protection of the Union's financial interests and the power of audit of the Court of Auditors.




The financial contributions from these countries shall be added to the global resources available from the Union budget referred to in paragraph 1.






deleted







Justification


This Regulation does not constitute a development of the Schengen acquis.


Amendment 54


Proposal for a regulation


Article 6 — paragraph 2








Text proposed by the Commission




Amendment





2.   Under the national programmes to be examined and approved by the Commission pursuant to Article 14 of Regulation (EU) No XXX/2012 [Horizontal Regulation], Member States shall 
focus on
 projects addressing the strategic Union priorities listed in the annex to this Regulation.


2.   Under the national programmes to be examined and approved by the Commission pursuant to Article 14 of Regulation (EU) No XXX/2012 [Horizontal Regulation], Member States shall 
implement
 projects addressing the strategic Union priorities listed in the annex to this Regulation.





Justification


The national programmes should be focused on projects that address the strategic priorities of the Union listed in the Annex to the regulation.


Amendment 55


Proposal for a regulation


Article 7 — paragraph 1








Text proposed by the Commission




Amendment





1.   At the Commission's initiative, this Instrument may be used to finance transnational actions or actions of particular interest to the Union (‘Union actions’) concerning the general, specific and operational objectives set out in Article 3.


1.   At the Commission's initiative, this Instrument may be used to finance transnational actions or actions of particular interest to the Union (‘Union actions’) concerning the general, specific and operational objectives set out in Article 3. 
All such actions shall be in compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union, as well as with the Union legal provisions on data protection and privacy. The European Data Protection Supervisor, the Fundamental Rights Agency and other relevant supervisory agencies and bodies may assess these actions to ensure compliance.







Justification


Independent supervision ought to guarantee the compliance of all actions with fundamental rights including privacy rights and compliance to data protection standards.


Amendment 56


Proposal for a regulation


Article 7 — paragraph 2 — introductory part








Text proposed by the Commission




Amendment





2.   To be eligible for funding, Union actions shall be in line with the priorities identified in relevant Union strategies, programmes, threat and risk assessments, and support in particular:


2.   To be eligible for funding, Union actions shall be in line with the priorities identified 
and agreed by the European Parliament and the Council
 in relevant Union strategies, programmes, threat and risk assessments, and support in particular:





Justification


No funds should be used as conduits for the financing of measures or practices that have not first been approved by a political agreement at the level of the European Parliament and the Council.


Amendment 57


Proposal for a regulation


Article 7 — paragraph 2 — point c








Text proposed by the Commission




Amendment











(c)


analytical, monitoring and evaluation activities, including threat, risk and impact assessments and projects monitoring the implementation of Union law and Union policy objectives in the Member States;












(c)


analytical, monitoring and evaluation activities, including threat, risk and impact assessments 
which are evidence based and in line with Union priorities and initiatives that have been endorsed by the European Parliament and the Council,
 and projects monitoring the implementation of Union law and Union policy objectives in the Member States;









Justification


No funds should be used as conduits for the financing of measures or practices that have not first been approved by a political agreement at the level of the European Parliament and the Council.


Amendment 58


Proposal for a regulation


Article 7 — paragraph 2 — point f








Text proposed by the Commission




Amendment











(f)


the acquisition and/or further upgrading of technical equipment, secure facilities, infrastructures, related buildings and systems, especially ICT systems and their components at the Union level, including for the purpose of European cooperation on cyber crime, notably a European Cybercrime Centre;·












(f)


the acquisition and/or further upgrading of technical equipment, 
know-how,
 secure facilities, infrastructures, related buildings and systems, especially ICT systems and their components at the Union level, including for the purpose of European cooperation on cyber crime, notably a European Cybercrime Centre;









Amendment 59


Proposal for a regulation


Article 10 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment





1.   
EUR 564 million shall be allocated to the Member States indicatively as follows:




1.   
The resources for national programmes shall be distributed as follows:







Amendment 60


Proposal for a regulation


Article 10 — paragraph 1 — point a








Text proposed by the Commission




Amendment











a)




30 %
 in proportion of the size of their total population;












a)




35 %
 in proportion of the size of their total population;









Amendment 61


Proposal for a regulation


Article 10 — paragraph 1 — point c








Text proposed by the Commission




Amendment











c)




10 %
 in proportion to the number of passengers and the tons of cargo processed through their international air and sea ports;












c)




20 %
 in proportion to the number of passengers and the tons of cargo processed through their international air and sea ports;









Amendment 62


Proposal for a regulation


Article 10 — paragraph 1 — point d








Text proposed by the Commission




Amendment













d)






10 % in proportion to the number of European Critical Infrastructure designated in accordance with Directive 2008/114/EC;










deleted







Amendment 63


Proposal for a regulation


Article 10 — paragraph 1 — point e








Text proposed by the Commission




Amendment











e)




40 %
 in inverse proportion to their Gross Domestic Product (purchasing power standard per inhabitant).












e)




35 %
 in inverse proportion to their Gross Domestic Product (purchasing power standard per inhabitant).









Amendment 64


Proposal for a regulation


Article 11 — paragraph 2








Text proposed by the Commission




Amendment





2.   The delegation of powers referred to in this Regulation shall be conferred on the Commission for a period of 7 years from [date of entry into force of this Regulation]. 
The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.




2.   The delegation of powers referred to in this Regulation shall be conferred on the Commission for a period of 7 years from [date of entry into force of this Regulation].





Amendment 65


Proposal for a regulation


Article 11 — paragraph 5








Text proposed by the Commission




Amendment





5.   A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 
2
 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 
2
 months at the initiative of the European Parliament or the Council.


5.   A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 
3
 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 
3
 months at the initiative of the European Parliament or the Council.





Amendment 66


Proposal for a regulation


Article 12 — paragraph 2








Text proposed by the Commission




Amendment







2.
   
Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.






deleted







Justification


No reference is made to Article 12(2) anywhere else in the text in question.


Amendment 67


Proposal for a regulation


Article 15 — paragraph 5








Text proposed by the Commission




Amendment





5.   The Commission shall submit to the European Parliament and the Council, by 31 December 2015, a report on the results achieved and on qualitative and quantitative aspects of implementation of Council Decision 2007/125/JHA for the period 2011 to 2013.


5.   The Commission shall submit to the European Parliament and the Council, by 31 December 2015, a report on the results achieved and on qualitative and quantitative aspects of implementation of Council Decision 2007/125/JHA for the period 2011 to 2013. 
In this report, the European Commission shall provide concrete evidence, if available, of the complementarity and synergies achieved between the EU funds and the Members States' budgets and of the triggering effects on Member States of the EU budget in achieving the objectives set in the Council Decision 2007/125/JHA.







Amendment 68


Proposal for a regulation


Article 15 a (new)








Text proposed by the Commission




Amendment





 




Article 15a






 




Evaluation






 




By 31 December 2017 at the latest, the Commission shall submit to the European Parliament and the Council an evaluation report on the achievement of the objectives set out in this Regulation.







Justification


As part of a results-based approach, a mid-term review should be conducted of the operation of this regulation.


Amendment 69


Proposal for a regulation


Article 16 — paragraph 1








Text proposed by the Commission




Amendment





On the basis of a proposal from the Commission, the European Parliament and the Council shall review this Regulation by 
30
 June 2020 at the latest.


On the basis of a proposal from the Commission, the European Parliament and the Council shall review this Regulation by 
1
 June 2020 at the latest.





Amendment 70


Proposal for a regulation


Annex 1 — point 1








Text proposed by the Commission




Amendment











—


Measures preventing and fighting cross-border, serious and organised crime, in particular drug trafficking, trafficking in human beings, sexual exploitation of children and projects identifying and dismantling criminal networks, protecting the economy against criminal infiltration and reducing financial incentives by seizing, freezing and confiscating criminal assets.












—


Measures preventing and fighting cross-border, serious and organised crime, in particular drug trafficking, trafficking in human beings, sexual exploitation of children and 
distribution of child abuse images and
 projects identifying and dismantling criminal networks, protecting the economy against criminal infiltration and reducing financial incentives by seizing, freezing and confiscating criminal assets.









Amendment 71


Proposal for a regulation


Annex 1 — new point after last point








Text proposed by the Commission




Amendment





 








—




Measures seeking to achieve a closer partnership between the Union and third countries (in particular countries situated on its external borders) and the drawing up and implementation of operational programmes of action for achievement of the above EU strategic priorities.












(1)  
Texts adopted P7_TA(2011)0266.