CELEX: 52013PC0580
Language: en
Date: 2013-08-09
Title: Proposal for a COUNCIL DECISION on the repeal of Council Decision 2007/124/EC, Euratom

|
			
		
		
		52013PC0580
		
			Proposal for a COUNCIL DECISION on the repeal of Council Decision 2007/124/EC, Euratom /* COM/2013/0580 final - 2013/0281 (APP) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
1.1. Multiannual framework 2007-13
Under the multiannual framework 2007-13,
the General Programme on Security and Safeguarding Liberties was established. Its
key objective was to ensure effective operational cooperation in the fight
against terrorism, including its consequences, organised crime and general
crime, to support the provision of intelligence on a European scale and to
strengthen the prevention of crime and terrorism, in order to promote secure
societies based on the rule of law.
Given that these objectives had different
legal bases in the Treaties and fundamentally different legal regimes, the General
Programme was composed of two different legal instruments. Firstly, Council
Decision 2007/125/JHA established the Specific Programme ‘Prevention of and Fight
against Crime’ (hereinafter referred to as the ‘ISEC specific programme’). The specific
programme focused on four thematic areas: crime prevention and criminology, law
enforcement, protection and support to witnesses, and protection of victims. Secondly,
Council Decision 2007/124/EC, Euratom established the Specific Programme ‘Prevention,
Preparedness and Consequence Management of Terrorism and other Security-related
risks’ (hereinafter referred to as the ‘CIPS specific programme’). Its general
objective was to support Member States’ efforts to prevent, prepare for, and
protect people and critical infrastructure against terrorist attacks and other
security-related incidents.
1.2. Multiannual framework 2014-20
Within the comprehensive framework of the
Internal Security Fund, the instrument for financial support for police
cooperation, preventing and combating crime, and crisis management (hereinafter
referred to as ‘the ISF-Police’) will provide financial support for police
cooperation, exchange of and access to information, crime prevention and the
fight against cross-border and 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 crises.
Consequently, the ISEC and CIPS specific
programmes providing financial support for this policy area under the
multiannual framework 2007-13 have to be repealed with effect from 1 January
2014, subject to transitional rules.
As far as the ISEC specific programme is
concerned, it is repealed by the Regulation establishing the ISF-Police.
As for the CIPS specific programme, it was
not possible to do the same because its repeal requires a separate legal act,
due to the different voting rules under its double legal base (EC/Euratom). However,
the final provision concerning the entry into force of this Decision is drafted
in such a way that the repeal of the CIPS specific programme will coincide with
the entry into force of the Regulation establishing the ISF-Police as if the
repeal of the CIPS specific programme was stated in the Regulation establishing
the ISF-Police itself. Therefore the repeal of the CIPS and ISEC specific programmes
will be dealt with in exactly the same way.
2.           LEGAL ELEMENTS OF THE
PROPOSAL
2.1.        Content of the proposed
action
In view of the above, the Commission
proposes that the Decision establishing the CIPS specific programme be repealed
with effect from 1 January 2014.
2.2.        Legal basis
Council Decision 2007/124/EC, Euratom was
adopted on the basis of Article 308 of the Treaty establishing the European Community
and Article 203 of the Treaty establishing the European Atomic Energy Community.
The legal basis of this proposal to repeal
the abovementioned Council Decision is Article 352 of the Treaty on the
Functioning of the European Union and Article 203 of the Treaty establishing
the European Atomic Energy Community.
3.           BUDGETARY IMPLICATION
The proposal does not have any direct
implication for the EU budget.
2013/0281 (APP)
Proposal for a
COUNCIL DECISION
on the repeal of Council Decision
2007/124/EC, Euratom
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 352 thereof,
Having regard to the Treaty establishing
the European Atomic Energy Community, and in particular Article 203 thereof,
Having regard to the proposal from the
European Commission,
After transmission of the draft legislative
act to the national Parliaments,
Having regard to the consent of the
European Parliament[1],
Acting in accordance with a special
legislative procedure, 
Whereas:
(1)       Council Decision
2007/124/EC, Euratom establishing for the period 2007 to 2013, as part of the General
Programme on Security and Safeguarding Liberties, the Specific Programme ‘Prevention,
Preparedness and Consequence Management of Terrorism and other Security-related
risks’ covers the period from 1 January 2007 to 31 December 2013.
(2)       The instrument for
financial support for police cooperation, preventing and combating crime, and
crisis management as part of the Internal Security Fund is established for the period from 1 January 2014 to 31 December
2020[2].
(3)       Council Decision 2007/124/EC,
Euratom should therefore be repealed with effect from 1 January 2014,
HAS ADOPTED THIS DECISION:
Article 1
Council Decision 2007/124/EC, Euratom is
repealed with effect from 1 January 2014.
Article 2
1.         This repeal shall not affect the
continuation or modification, including the total or partial cancellation, of
the projects until their closure or the financial assistance approved by the
Commission on the basis of Council Decision 2007/124/EC, Euratom, or any other
legislation applying to that assistance on 31 December 2013.
2.         When adopting decisions on
co-financing under the instrument for financial support for police cooperation,
preventing and combating crime, and crisis management as part of the Internal
Security Fund, the Commission shall take account of measures adopted on the
basis of Council Decision 2007/124/EC, Euratom before [date of publication
in the Official Journal] which have financial repercussions during the
period covered by that co-financing.
3.         Sums committed for co-financing
approved by the Commission between 1 January 2011 and 31 December 2013 for
which the documents required for closure of the operations have not been sent
to the Commission by the deadline for submitting the final report shall be
automatically decommitted by the Commission by 31 December 2017, giving rise to
the repayment of amounts unduly paid.
Amounts relating to operations which have
been suspended due to legal proceedings or administrative appeals having
suspensory effect shall be disregarded in calculating the amount to be
automatically decommitted.
4.         Member States shall submit to
the Commission by 30 June 2015 an evaluation report on the results and impacts
of actions co-financed by Council Decision 2007/124/EC, Euratom 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 quantitative aspects of the implementation of Council
Decision 2007/124/EC, Euratom for the period 2011 to 2013.
Article 3
1.         This Decision shall enter into
force on the same day as the 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 (hereinafter referred to as ‘the Regulation establishing the
ISF-Police’).
2.         If the Regulation establishing
the ISF-Police enters into force before the publication of this Decision in the
Official Journal of the European Union, this Decision shall enter into
force on the day following that of its publication. 
Article 4
This
Decision is addressed to the Member States in accordance with the Treaties.
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
[1]               OJ C , , p. .
[2]               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) 753.