Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | LA RUSSA Romano Maria ( UEN) | |
Committee Opinion | BUDG | VAUGRENARD Yannick ( PSE) |
Lead committee dossier:
Legal Basis:
Treaty on the European Union (after Amsterdam) M 030, Treaty on the European Union (after Amsterdam) M 031, Treaty on the European Union (after Amsterdam) M 034-p2c
Legal Basis:
Treaty on the European Union (after Amsterdam) M 030, Treaty on the European Union (after Amsterdam) M 031, Treaty on the European Union (after Amsterdam) M 034-p2cEvents
In accordance with Decisions 2007/125/JHA and 2007/124/EC, the Commission presents an ex post evaluation report on two specific programmes: “Prevention and Fight against Crime” (ISEC) and “Prevention, Preparedness and Consequence Management of Terrorism and other Security-related Risks” (CIPS), both part of the Framework Programme on “Security and Safeguarding Liberties” for the period 2007- 2013.
The report is based on the findings of two ex post evaluations that assessed the programmes, in the period 2007 to 2013, against the evaluation criteria defined in the better regulation guidelines: effectiveness, efficiency, coherence, relevance, EU added value. The Commission notes, however, that the evaluations of both programmes were significantly hindered by: (i) the lack of baseline, i.e. a clear description of the situation before the start of the Programmes; (ii) the lack of ex ante targets and of a central repository for ISEC/CIPS project results; (iii) lack of sufficient data for carrying out a detailed comparison of costs, given the wide range of policy areas.
The report makes a number of observations that are pertinent to both programmes. ISEC’s general objectives were to prevent and combat crime, particularly terrorism, trafficking in persons, offences against children, drug trafficking, arms trade and trafficking, cybercrime, corruption and fraud. The key points regarding the ISEC may be summarised as follows:
Relevance: the report notes that overall, Member States considered ISEC’s objectives relevant to their needs related to prevention of and fight against crime. For instance, the specific objective related to coordination, cooperation and mutual understanding among law enforcement agencies, and related EU bodies was considered highly relevant to the needs in the sector, especially in the context of internationalisation of crime and professionalization of criminal groups.
The report notes, however, that the funding set-up of both programmes was demand-driven rather than policy-driven, and consequently, there was a significant geographical imbalance in their implementation. In order to allow Member States more equal access to funding as well as to improve their participation in all key security policy priorities, a shift towards shared management mode was introduced for the successor Fund, ISF-Police .
Effectiveness: overall, the evaluation findings suggest that ISEC contributed to all of its objectives to some extent and the projects funded achieved the expected outputs. The main results identified from ISEC projects were: (i) enhanced networking and enhanced sharing of information and best practices; (ii) increased levels of knowledge and skills of practitioners. ISEC projects were particularly effective in contributing to the development of transnational cooperation between Member States and law enforcement agencies, as well as better exchange of information, particularly in the field of forensics, drugs, Passenger Name Records, cybercrime and trafficking in human beings.
Efficiency: the evaluation results show that the EU funding provided was perceived as sufficient for all activities implemented under both ISEC and CIPS. The creation of networks was viewed as having a high value for money.
The total allocated budget for ISEC amounted to EUR 522 million for the whole period. As regards the levels of EU funding, overall, the evaluation shows that EU funds were sufficient to implement the planned activities. On the other hand, the absence of a peer review on project results and the absence of a central repository were perceived as having decreased the overall efficiency of the programmes. Whilst monitoring has improved, these aspects have not yet been put into practice under the successor programme (ISF – Police) but could be taken into consideration for the next multiannual financial framework.
Coherence: ISEC supported the implementation of EU obligations and cross-border cooperation among Member States in a large number of crime areas. However, in a context of financial crisis, national funding was very scarce, preventing significant risk of duplication of EU funds with national funding streams. The evaluation also identified a substantial scope for coherence and complementarity between ISEC and other EU Programmes, namely the criminal justice programme JPEN, DAPHNE III, FP7 and Hercule II. Synergies were achieved between DAPHNE III and the two ISEC specific objectives relating to the promotion and development of best practices for protection and support of witnesses and crime victims, especially in the area of trafficking in human beings. Effective coordination at both design, implementation and delivery stage was crucial to maximize the potential for coherence and complementarity and to avoid the risk of duplication. It can be concluded, on the basis of the evidence collected, that this was achieved to a large extent.
EU added value: findings suggest that organisations did not often have access to national funding opportunities to implement the programmes’ activities, so that a significant part of the projects would not have been developed in the absence of the ISEC and CIPS funding.
The important contribution of ISEC funding to transnational cooperation and implementation of EU law in the various areas covered by the prevention and fight against crime was highlighted during a high number of interviews with all types of stakeholders. It was concluded that ISEC made a significant contribution to national law enforcement agencies cooperating closer transnationally, to building mutual trust, and to the formation of new relationships between organisations working with counterparts in other Member States
The report concludes by noting that EU added value could have improved with the establishment of a central repository at Commission level gathering all project results and a more even spread of coordinating organisations across Member States.
In accordance with Decision 2007/125/JHA and Decision 2007/124/EC, this Communication consists of the mid-term evaluation of the Framework Programme “Security and Safeguarding Liberties (2007-2013) (SSL)”, composed of the two Programmes “Prevention and Fight against Crime ( ISEC )” and “Prevention, Preparedness and Consequence Management of Terrorism and other Security Related Risks (CIPS) ”. This report covers the 2007 – 2009 period as well as initial data related to 2010, and is aimed at assessing the quantitative and qualitative aspects of the implementation of the Programmes and the results obtained. This involves accurately mapping the programme activities, analysis of the performance of the projects financed, and a review of the instruments and implementation mechanisms, in order to identify possible corrective measures.
Budget and Management Model : extending over the 2007 – 2013 period, the ISEC programme is endowed with a total allocation of approximately EUR 600 million, while EUR 140 million is reserved for CIPS. During the 2007 – 2009 period, ISEC allocations amounted to EUR 167 million, while CIPS received EUR 46 million. The Programmes are implemented through Annual Work Programmes (AWP), which set thematic and/or sector priorities. Implementation is carried out in the centralised direct management, i.e. all programming and operational work is carried out by the Commission, which retains full responsibility.
Activities : during the 2007 – 2009 period, the Programmes supported nearly 400 projects and financed approximately 150 procurement contracts, worth a total of EUR 213 million. ISEC allocations amounted to EUR167 million and for CIPS EUR 46 million. The bulk of the funding went to some 280 action grants, accounting for 61% of total resources, followed by approximately 100 FPA grants, accounting for 24% of funds. Procurement accounted for about 10% of the funds.
Nature of Activities : the Programmes provide support for a wide range of activities, from training to the purchase of equipment, and from the preparation of technical publications to assistance to cross border police operations (including the Joint Investigation Teams). In the case of ISEC, projects tend to concentrate in five main areas: (i) tools and infrastructure, which is the main output for 22% of the projects, (ii) support to law enforcement operations (18%), (iii) training programmes (17%), (iv) publications (17%), and (v) conferences (14%). For CIPS : (i) 23% of projects have an operational cooperation and coordination component, (ii)15% are focused on the development and creation of networks, (iii) 49% of projects are involved in technology and methodology transfer and (iv) another 44% deal with analytical activities.
Target Groups: l aw enforcement officers are the main applying group in both ISEC and CIPS, accounting for, respectively, 38% and 41% of participants in projects funded under the Programmes. In relation to ISEC, other important applying groups include NGOs and other civil society organisations (12% of participants) and government officials in general (8%). Government officials (especially those working for security and safety-related agencies) are an important group also for CIPS (19%), followed by private sector representatives (10%).
Geographical coverage : in general, the geographical distribution of projects is fairly skewed, with a relatively small number of countries playing a leading role. In the case of ISEC, four countries (Germany, Italy, Netherlands and UK) account for about 48% of all the projects and for 51% of project value. The degree of concentration is even greater in the case of CIPS, with just two countries (Italy and Spain) accounting for 48% of projects and for 60% of projects value.
Results: the results achieved reflect the varied nature of the projects funded, ranging from operational outcomes (e.g. arrests, seizures etc.) to less tangible results such as awareness-raising, development of new approaches. The most common types of results achieved are the development and adoption of new tools and methodologies, such as databases, and the spreading of best practices, but many projects also contributed to furthering the knowledge of specific issues and/or solutions. An increased mutual understanding of policies and legal and administrative systems across Member States is also a common and widely valued ‘by-product’ of many projects. In certain cases, projects with an operational orientation have achieved very tangible results. Overall, the level of achievement of results is broadly satisfactory, being in line with initial expectations in 60% of projects and better than expected for another 34%.
Improving Programme Implementation : about 75% of the s projects surveyed expressed difficulties of different kinds during the implementation affecting to a varying extent the achievement of planned results, e.g. delays in the approval of projects and the finalisation of grant agreements which have impacted beneficiaries' resource planning and implementation timetable. The report addresses the operational aspects that the Commission - or stakeholders – consider it is important to improve, and illustrates some positive changes already in place.
Future perspectives : up to now, financial support under the ISEC and CIPS programmes has covered a variety of areas of intervention. This support underlines the increasing importance of the Union's policies in the area of Freedom, Security and Justice, with the Lisbon Treaty in force and with the guidance provided by the Stockholm Programme and its Action Plan. The recent Commission communication entitled "The EU Internal Security Strategy in Action: Five steps towards a more secure Europe," proposes, over the next four years, five strategic objectives for internal security with concrete actions. This communication will orient priorities for financial support by the Union within the framework of the existing ISEC and CIPS programmes.
The Commission suggests a continuation of the programmes until 2013 without modifying the current legal bases, whilst addressing the concerns identified in the evaluation report and improving the grant approval procedure and evaluation process to enhance budget consumption of the two programmes and stimulate the submission of high quality projects. However, when contemplating the next multi-annual financial framework for 2014-2020 and the new challenges to be undertaken with limited human resources, new approaches will need to be envisaged. The Commission is currently reflecting on the future set-up of EU funding in the area of Home Affairs, and the valuable experience acquired with the ISEC and the CIPS programmes will be taken into account.
PURPOSE: in the context of the framework programme on “Security and Safeguarding Liberties”, to adopt a specific programme "Prevention of and Fight against Crime".
LEGISLATIVE ACT : Council Decision 2007/125/JHA establishing for the period 2007 to 2013, as part of General Programme on Security and Safeguarding Liberties, the Specific Programme "Prevention of and Fight against Crime"
BACKGROUND: the framework programmes in the area of Justice, Freedom and Security, under the new Financial Perspectives 2007-2013 have been established to provide coherent support to an area of freedom, security and justice under the financial perspectives 2007 - 2013. The three key objectives of freedom, security and justice are to be developed in parallel and to the same degree of intensity, thus allowing for a balanced approach, based on the principles of democracy, respect for fundamental rights and freedoms and the rule of law. Each of the three key objectives is supported by a Framework programme underpinning and linking each policy area. This structure represents a major simplification and rationalisation of existing financial support.
The three framework programmes are:
1) “Security and safeguarding Liberties” comprising of 2 specific programmes: i) the programme on the prevention of terrorism which is the subject of the present procedure file and ii) the specific programme on the “ Prevention and the fight against crime ”;
2) “Fundamental rights and Justice” which includes 5 specific measures: i) “ Fundamental rights and citizenship ”; ii) “ Civil justice ”. Iii) “ Criminal justice ”; iv) “ Daphne III ”; v) “ Drugs prevention and information ”;
3) Solidarity and Management of Migration Flows includes 4 specific funds: i) the European Fund for the Integration of Third-country nationals ; ii) External Borders Fund ; iii) Refugee Fund ; iv) Return Fund .
Each of these framework programmes have been given an overall financial envelope covering the 2007-2013 period which will be broken between each specific programme, except for the Funds which have individual budgets.
The main objectives of the Security and Safeguarding Liberties framework programme are to promote and develop coordination, cooperation and mutual understanding among law enforcement agencies, other national authorities and related EU bodies; to place more emphasis on promoting and developing public-private partnerships and strategies on crime prevention, statistics and criminology, and on protection of crime victims and witnesses; create conditions for a coordinated approach across Member States towards prevention, preparedness, crisis and consequence management with regard to potential and actual terrorist threats.
These objectives, however, have different legal bases in the Treaties . On the one hand, law enforcement, police cooperation and crime prevention in general are subject to Title VI of the Treaty on European Union. On the other hand, preparedness and consequence management with regard to terrorist attacks are to be considered a specific strand, which is complementary to general civil protection measures, which is a matter to be dealt with under the Treaty establishing the European Community (Art. 3(1)(u)). Given these fundamentally different legal regimes, the framework programme will have to be composed of two different legal instruments based on Arts. 30 and 34(2)(c) of the Treaty on European Union.
The first legal instrument will cover the prevention of and the fight against crime (the present procedure file), and will be based on Articles 30 and 34(2)(c) of the Treaty on European Union. The second legal instrument will deal with prevention, preparedness and consequence management of terrorist attacks, and will be based on Article 308 of the Treaty establishing the European Community (see CNS/2005/0034 ).
CONTENT : this Decision establishes the Specific Programme "Prevention of and Fight against Crime", as part of the General Programme on Security and safeguarding liberties in order to contribute to the strengthening of the area of Freedom, Security and Justice. The Programme covers the period from 1 January 2007 to 31 December 2013.
General objectives : the Programme will contribute to a high level of security for citizens by preventing and combating crime, organised or otherwise, in particular terrorism, trafficking in persons and offences against children, illicit drug trafficking and illicit arms trafficking, corruption and fraud.
Themes and specific objectives : these are: (a) crime prevention and criminology; (b) law enforcement; (c) protection and support to witnesses; (d) protection of victims.
Within the general objectives, the Programme contributes to the following specific objectives:
to develop horizontal methods and tools for strategically preventing and fighting crime and guaranteeing security and public order such as the work carried out in the EU Crime Prevention Network, public-private partnerships, best practices in crime prevention, comparable statistics, applied criminology and an enhanced approach towards young offenders; to develop coordination, cooperation and mutual understanding among law enforcement agencies, other national authorities and related Union bodies in respect of the priorities identified by the Council in particular as set out by the Europol's Organised Crime Threat Assessment; to develop best practices for the protection and support witnesses; and to develop best practices for the protection of crime victims.
Whilst the Programme does not deal with judicial cooperation, it may cover actions which aim at encouraging cooperation between judicial authorities and law enforcement authorities.
Eligible actions under the Programme include projects managed by the Commission with a:
European dimension; transnational projects, which involve partners in at least two Member States, or at least one Member State and one other country which may either be an acceding or a candidate country; national projects within Member States which meet certain criteria: and operating grants for NGOs pursuing on a non-profit basis objectives of the Programme on a European dimension. In particular, financial support may be provided for the following: actions improving operational cooperation and coordination (strengthening networking, mutual confidence and understanding, exchange and dissemination of information, experience and best practices); analytical, monitoring and evaluation activities;
development and transfer of technology and methodology; training, exchange of staff and experts; awareness and dissemination activities.
Access to the Programme : the Programme is destined for law enforcement agencies, other public and/or private bodies, actors and institutions, including local, regional and national authorities, social partners, universities, statistical offices, non-governmental organisations, public-private partnerships and relevant international bodies.
EU financial support may take the form of grants or public procurement contracts. The annual work programme will specify the minimum rate of the annual expenditure to be awarded to grant, which must be at least 65 %. The maximum rate of co-financing of the costs of the projects will also be specified in the annual work programme.
The Decision specifies the Programme may share resources with other Union and Community instruments, in particular the Specific Programme "Prevention, Preparedness and Consequence Management of Terrorism and other Security related risks" programme.
Evaluation: the Commission must ensure regular, independent and external evaluation of the Programme, and submit the following to the European Parliament and the Council:
an annual presentation on the implementation of the Programme; an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of the Programme no later than 31 March 2010; a communication on the continuation of the Programme no later than 31 December 2010; an ex-post evaluation report no later than 31 March 2015.
ENTRY INTO FORCE: 24/02/2007. It shall apply from 01/01/2007. It should be noted that i t will take over from the framework programme on police and judicial cooperation in criminal matters (AGIS) (see CNS/2001/0262 ).
The European Parliament adopted a resolution drafted by Maria Romano LA RUSSA (UEN, Italy) and made some amendments to the Commission’s proposal:
- Parliament wanted a focus on the operational aspect of the programme, and called for the involvement of local authorities, the increased use of joint investigation and law enforcement teams and the organisation of specific anti-terrorism training activities;
- it emphasised the standardisation of procedures and the development and use of a crime statistics tool;
- the programme must lay the foundations for a permanent compensation fund over and above the various national systems, to provide a guaranteed common minimum level of protection and compensation;
- it must promote, within suitable projects, the concept of ‘citizens’ involvement’ and to foster initiatives based on the active involvement of civil society and its stakeholders in improving overall security;
- whilst the programme does not deal with judicial cooperation, it may cover actions aiming at cooperation among judicial authorities and law enforcement authorities and involving, inter alia, the establishment under the cooperation arrangements between Europol and Eurojust of a permanent emergency legal assistance unit responsible for determining, on the basis of the situation leading to the referral, which legal basis may be used to extend police and/or security service operations in full compliance with the law;
- there are provisos on the involvement of public-private partnerships;
- access to funding shall be facilitated by the application of the principle of proportionality as regards the documents to be supplied and by the creation of a database for the submission of applications;
- The Commission shall, as far as possible, simplify procedures and ensure that calls for proposals provided for in this programme do not entail a bureaucratic burden for promoters of the projects proposed. Calls for proposals may, where appropriate, be organised in two stages, the first of which would only require information that was strictly necessary for a proper assessment of the project to be sent;
- the Commission shall ensure that the actions provided for under this Decision are subject to ex ante evaluation, monitoring and ex post evaluation. It shall ensure that the programme is accessible and is implemented in a transparent manner;
- Parliament amended the number of reports to be delivered by the Commission. The latter must provide a succinct yearly reports including such information as is necessary to measure the programme's success in quantitative terms;
- organisations in receipt of an operating grant by virtue of this programme may take part in calls for proposals for other programmes, without however being entitled to preferential treatment vis-à-vis other organisations financed from budgets other than that of the EU;
- all institutions, association or activities in receipt of a grant under this programme have the obligation to acknowledge the support granted by the European Union. To this end the Commission shall lay down detailed visibility guidelines;
- with a view to fostering the dissemination of results, the tools generated by the projects funded under this programme and relating in particular to crime statistics and data shall be made available to the public free of charge by electronic means; Each year, the Commission, together with the Member States, shall publish a list of the projects financed under this programme, with a short description of each project.
The Council reached an agreement on a general approach on three draft Decisions establishing the following EU specific programmes for the period 2007-2013:
General programme on Security and Safeguarding Liberties:
specific programme on the Prevention, Preparedness and Consequence Management of Terrorism and other Security-related risks, and specific programme on the Prevention of and Fight Against Crime.
General programme on Fundamental Rights and Justice:
specific programme on Criminal Justice.
The general approach was adopted without prejudice to the examination in due course of the opinion of the European Parliament, not delivered yet, and of the European Economic and Social Committee.
PURPOSE: in the context of the framework programme on ‘Security and Safeguarding Liberties’, the adoption of a specific programme ‘Fight Against Crime’ for the period 2007-2013.
PROPOSED LEGISLATIVE ACT: Council Decision.
CONTEXT: i n setting out its strategic orientations for the definition of the Financial Perspectives 2007-2013 (INI/2004/2209), the Commission highlights the objective of supporting the development of the Area of Freedom, Security and Justice (AFSJ) with appropriate financial resources.
In parallel, the Hague Programme - a new five year multi-annual programme in the fields of freedom, security and justice - was adopted by Heads of state and government at the November 2004 European Council.
A distinct Framework programme is to be proposed for each of these fields, providing for the necessary coherence between relevant interventions in each policy area, and clearly linking political objectives and the resources available to support them. This structure represents a major simplification and rationalisation of existing financial support, thus allowing for greater flexibility in the allocation of priorities and increasing overall transparency.
The main objectives of the Security and Safeguarding Liberties framework programme are:
- to promote and develop coordination, cooperation and mutual understanding among law enforcement agencies, other national authorities and related EU bodies.
- to place more emphasis on promoting and developing public-private partnerships and strategies on crime prevention, statistics and criminology, and on protection of crime victims and witnesses.
- create conditions for a coordinated approach across Member States towards prevention, preparedness, crisis and consequence management with regard to potential and actual terrorist threats.
These objectives, however, have different legal bases in the Treaties. On the one hand, law enforcement, police cooperation and crime prevention in general are subject to Title VI of the Treaty on European Union (Arts. 29-42). On the other hand, preparedness and consequence management with regard to terrorist attacks are to be considered a specific strand, which is complementary to general civil protection measures, which is a matter to be dealt with under the Treaty establishing the European Community (Art. 3(1)(u)). Given these fundamentally different legal regimes, the framework programme will have to be composed of two different legal instruments. based on Arts. 30 and 34(2)(c) of the Treaty on European Union.
The first legal instrument will cover the prevention of and the fight against crime, and will be based on Articles 30 and 34(2)(c) of the Treaty on European Union. This programme will focus on three thematic areas: law enforcement, crime prevention and criminology, and protection of witnesses and victims. The second legal instrument will deal with prevention, preparedness and consequence management of terrorist attacks, and will be based on Article 308 of the Treaty establishing the European Community – refer to summary of procedure 2005/0034(CNS).
Together with the Fundamental Rights and Justice, and Solidarity and the Management of Migration Flows Framework Programmes, the Security and Safeguarding Liberties programme will be an appropriate basis for maintaining and developing the Union’s ASFJ.
The overall amount foreseen for the Framework programme Security and Safeguarding of Liberties is 745 million euro for the period 2007-2013.
CONTENT: the specific Programme ‘Prevention of and Fight Against Crime’ seeks to contribute to a high level of security for citizens by preventing and combating crime, organised or otherwise, in particular terrorism, trafficking in persons and offences against children, illicit drug trafficking and illicit arms trafficking, corruption and fraud. It will take over from the framework programme on police and judicial cooperation in criminal matters (AGIS) – see summary 2001/0262(CNS) and will complement a new programme on criminal justice which is in the course of adoption
The three main objectives are:
(a) law enforcement: to promote and develop coordination, cooperation and mutual understanding among law enforcement agencies, other national authorities and related Union bodies;
(b) crime prevention and criminology: to stimulate, promote and develop horizontal methods and tools necessary for strategically preventing and fighting crime, such as public-private partnerships, best practices in crime prevention, comparable statistics and applied criminology, and
(c) protection of witnesses and victims: to promote and develop best practices for the protection of crime victims and witnesses.
It should be noted that the programme does not deal with judicial cooperation. However, it may cover actions aiming at cooperation among judicial authorities and law enforcement authorities.
Eligible actions:
(a) Projects initiated and managed by the Commission with a European dimension;
(b) Transnational projects, which must involve partners in at least two Member States, or at least one Member State and an applicant country;
(c) National projects within Member States, which – prepare transnational projects and/or Union actions (“starter measures”),
- complement transnational projects and/or Union (“complementary measures”)
- contribute to developing innovative methods and/or technologies with a potential for transferability to actions on Union level, or develop such methods or technologies with a view to transferring them to other Member States and/or applicant countries, or
- contribute otherwise considerably to developing Union policy on preventing and/or combating crime;
(d) Operating grants for non-governmental organisations pursuing on a non-profit basis objectives of this programme on a European dimension.
Access to the programme: The programme is destined for law enforcement agencies, other public and/or private bodies, actors and institutions, including local, regional and national authorities, social partners, universities, statistical offices, media, non-governmental organisations, public-private partnerships and relevant international bodies.
Implementation: The ‘terrorism’ and ‘crime’ specific programmes will have common implementation structures: they will be managed by the Commission, assisted by an ad hoc committee; the types of interventions and actions will be harmonised (Commission, transnational and national projects), as well as the eligibility criteria. The proposal provides for a consultative committee procedure in the case of the ‘crime’ programme.
- Complementarity with other instruments: in addition to strengthened complementarity with the specific programme on the fight against terrorism – refer to 2005/0034(CNS) – the specific crime programme will be complementary to the criminal justice and other Justice and Home Affairs programmes in the process of adoption (‘fundamental rights’, ‘solidarity and management of migratory flows’). It will also support activities and competent authorities in the AFSJ field, such as CEPOL (European Police College) and EUROPOL and will complement other Co mmunity programmes, in particular the 7 th RDT Framework Programme, the Structural Funds, the Solidarity Fund – 2005/0033(COD) – or the Rapid Response and Preparedness Instrument for major emergencies
- 2005/0052(CNS).
Further specific provisions are laid down for the follow-up and monitoring of planned actions.
Anti-fraud measures are also provided for, as well as regular evaluations of the programme (an interim report to be prepared by the Commission by 31/03/2010, a report on the continuation of the programme by 31/12/2010 and a final report by 31/03/2015).
FINANCIAL IMPACT: The overall budget for the framework programme on ‘Security and Safeguarding Liberties’ is EUR 745 million for the 2007-2013 period, including EUR 10 million administrative and technical assistance expenses to be divided between the two specific programmes ‘organised crime’ and ‘terrorism’.
BUDGET BY ACTIVITY and BUDGET LINE: 1805 – Law enforcement cooperation and fight of and against general and organised crime – heading 3 of the 2007-2013 financial perspectives.
For the specific ‘terrorism’ programme, a new budget structure will be required.
FINANCIAL RESOURCES : from 2007-2013: EUR 745 million of operational expenditures and administrative expenditures + 40.848 million EUR of expenditures not included in the reference amount (human resources and related costs): EUR 785.848 million.
DETAILS OF RESOURCES:
1) Specific programme ‘Prevention of and Fight against Crime’ : EUR 597.6 million + EUR 5 million for administrative expenditure and technical assistance:
Sub-action 1 – To promote and develop coordination, cooperation and mutual understanding – EUR 231 million broken down as follows:
- Commission actions : grants + procurement: EUR 74,5 million;
- Transnational projects : grants: EUR 33 million;
- National projects : EUR 123,5 million.
Sub-action 2 – To stimulate, promote and develop strategies, dialogues and partnerships - EUR 191 million broken down as follows:
- Commission actions : grants + procurement: EUR 66 million;
- Transnational projects : grants: EUR 28 million;
- National projects : EUR 97 million.
Sub-action 3 – To promote and develop best practices for the protection of crime victims and witnesses - EUR 102 million broken down as follows:
- Commission actions : grants + procurement: EUR 42 million;
- Transnational projects : grants: EUR 14 million;
- National projects : EUR 46 million.
Giving EUR 524 million at 2004 prices and 597.6 million at current prices.
2) Specific programme ‘Prevention, Preparedness and Consequence Management of Terrorism : EUR 137.4 million + EUR 5 million for administrative expenditures and technical assistance:
Sub-action 4 – Preparedness – to promote, support and evaluate exchange of standards, know-how and experience – EUR 86.5 million broken down as follows:
- Commission actions : grants + procurement: EUR 40 million;
- Transnational projects : grants: EUR 3.5 million;
- National projects: EUR 43 million.
Sub-action 5 – Consequence management – to develop, implement and promote EU crisis management arrangements: EUR 34.5 million broken down as follows:
- Commission actions : grants + procurement: EUR 20.5 million;
- National projec ts EUR 14 million.
giving a total of EUR 121 million at 2004 prices and EUR 137.400 at current prices.
HUMAN RESOURCES: EUR 35.532 million from 2007 to 2013 covering expenditure on 55 staff (fixed, temporary and other specific posts).
PURPOSE: in the context of the framework programme on ‘Security and Safeguarding Liberties’, the adoption of a specific programme ‘Fight Against Crime’ for the period 2007-2013.
PROPOSED LEGISLATIVE ACT: Council Decision.
CONTEXT: i n setting out its strategic orientations for the definition of the Financial Perspectives 2007-2013 (INI/2004/2209), the Commission highlights the objective of supporting the development of the Area of Freedom, Security and Justice (AFSJ) with appropriate financial resources.
In parallel, the Hague Programme - a new five year multi-annual programme in the fields of freedom, security and justice - was adopted by Heads of state and government at the November 2004 European Council.
A distinct Framework programme is to be proposed for each of these fields, providing for the necessary coherence between relevant interventions in each policy area, and clearly linking political objectives and the resources available to support them. This structure represents a major simplification and rationalisation of existing financial support, thus allowing for greater flexibility in the allocation of priorities and increasing overall transparency.
The main objectives of the Security and Safeguarding Liberties framework programme are:
- to promote and develop coordination, cooperation and mutual understanding among law enforcement agencies, other national authorities and related EU bodies.
- to place more emphasis on promoting and developing public-private partnerships and strategies on crime prevention, statistics and criminology, and on protection of crime victims and witnesses.
- create conditions for a coordinated approach across Member States towards prevention, preparedness, crisis and consequence management with regard to potential and actual terrorist threats.
These objectives, however, have different legal bases in the Treaties. On the one hand, law enforcement, police cooperation and crime prevention in general are subject to Title VI of the Treaty on European Union (Arts. 29-42). On the other hand, preparedness and consequence management with regard to terrorist attacks are to be considered a specific strand, which is complementary to general civil protection measures, which is a matter to be dealt with under the Treaty establishing the European Community (Art. 3(1)(u)). Given these fundamentally different legal regimes, the framework programme will have to be composed of two different legal instruments. based on Arts. 30 and 34(2)(c) of the Treaty on European Union.
The first legal instrument will cover the prevention of and the fight against crime, and will be based on Articles 30 and 34(2)(c) of the Treaty on European Union. This programme will focus on three thematic areas: law enforcement, crime prevention and criminology, and protection of witnesses and victims. The second legal instrument will deal with prevention, preparedness and consequence management of terrorist attacks, and will be based on Article 308 of the Treaty establishing the European Community – refer to summary of procedure 2005/0034(CNS).
Together with the Fundamental Rights and Justice, and Solidarity and the Management of Migration Flows Framework Programmes, the Security and Safeguarding Liberties programme will be an appropriate basis for maintaining and developing the Union’s ASFJ.
The overall amount foreseen for the Framework programme Security and Safeguarding of Liberties is 745 million euro for the period 2007-2013.
CONTENT: the specific Programme ‘Prevention of and Fight Against Crime’ seeks to contribute to a high level of security for citizens by preventing and combating crime, organised or otherwise, in particular terrorism, trafficking in persons and offences against children, illicit drug trafficking and illicit arms trafficking, corruption and fraud. It will take over from the framework programme on police and judicial cooperation in criminal matters (AGIS) – see summary 2001/0262(CNS) and will complement a new programme on criminal justice which is in the course of adoption
The three main objectives are:
(a) law enforcement: to promote and develop coordination, cooperation and mutual understanding among law enforcement agencies, other national authorities and related Union bodies;
(b) crime prevention and criminology: to stimulate, promote and develop horizontal methods and tools necessary for strategically preventing and fighting crime, such as public-private partnerships, best practices in crime prevention, comparable statistics and applied criminology, and
(c) protection of witnesses and victims: to promote and develop best practices for the protection of crime victims and witnesses.
It should be noted that the programme does not deal with judicial cooperation. However, it may cover actions aiming at cooperation among judicial authorities and law enforcement authorities.
Eligible actions:
(a) Projects initiated and managed by the Commission with a European dimension;
(b) Transnational projects, which must involve partners in at least two Member States, or at least one Member State and an applicant country;
(c) National projects within Member States, which – prepare transnational projects and/or Union actions (“starter measures”),
- complement transnational projects and/or Union (“complementary measures”)
- contribute to developing innovative methods and/or technologies with a potential for transferability to actions on Union level, or develop such methods or technologies with a view to transferring them to other Member States and/or applicant countries, or
- contribute otherwise considerably to developing Union policy on preventing and/or combating crime;
(d) Operating grants for non-governmental organisations pursuing on a non-profit basis objectives of this programme on a European dimension.
Access to the programme: The programme is destined for law enforcement agencies, other public and/or private bodies, actors and institutions, including local, regional and national authorities, social partners, universities, statistical offices, media, non-governmental organisations, public-private partnerships and relevant international bodies.
Implementation: The ‘terrorism’ and ‘crime’ specific programmes will have common implementation structures: they will be managed by the Commission, assisted by an ad hoc committee; the types of interventions and actions will be harmonised (Commission, transnational and national projects), as well as the eligibility criteria. The proposal provides for a consultative committee procedure in the case of the ‘crime’ programme.
- Complementarity with other instruments: in addition to strengthened complementarity with the specific programme on the fight against terrorism – refer to 2005/0034(CNS) – the specific crime programme will be complementary to the criminal justice and other Justice and Home Affairs programmes in the process of adoption (‘fundamental rights’, ‘solidarity and management of migratory flows’). It will also support activities and competent authorities in the AFSJ field, such as CEPOL (European Police College) and EUROPOL and will complement other Co mmunity programmes, in particular the 7 th RDT Framework Programme, the Structural Funds, the Solidarity Fund – 2005/0033(COD) – or the Rapid Response and Preparedness Instrument for major emergencies
- 2005/0052(CNS).
Further specific provisions are laid down for the follow-up and monitoring of planned actions.
Anti-fraud measures are also provided for, as well as regular evaluations of the programme (an interim report to be prepared by the Commission by 31/03/2010, a report on the continuation of the programme by 31/12/2010 and a final report by 31/03/2015).
FINANCIAL IMPACT: The overall budget for the framework programme on ‘Security and Safeguarding Liberties’ is EUR 745 million for the 2007-2013 period, including EUR 10 million administrative and technical assistance expenses to be divided between the two specific programmes ‘organised crime’ and ‘terrorism’.
BUDGET BY ACTIVITY and BUDGET LINE: 1805 – Law enforcement cooperation and fight of and against general and organised crime – heading 3 of the 2007-2013 financial perspectives.
For the specific ‘terrorism’ programme, a new budget structure will be required.
FINANCIAL RESOURCES : from 2007-2013: EUR 745 million of operational expenditures and administrative expenditures + 40.848 million EUR of expenditures not included in the reference amount (human resources and related costs): EUR 785.848 million.
DETAILS OF RESOURCES:
1) Specific programme ‘Prevention of and Fight against Crime’ : EUR 597.6 million + EUR 5 million for administrative expenditure and technical assistance:
Sub-action 1 – To promote and develop coordination, cooperation and mutual understanding – EUR 231 million broken down as follows:
- Commission actions : grants + procurement: EUR 74,5 million;
- Transnational projects : grants: EUR 33 million;
- National projects : EUR 123,5 million.
Sub-action 2 – To stimulate, promote and develop strategies, dialogues and partnerships - EUR 191 million broken down as follows:
- Commission actions : grants + procurement: EUR 66 million;
- Transnational projects : grants: EUR 28 million;
- National projects : EUR 97 million.
Sub-action 3 – To promote and develop best practices for the protection of crime victims and witnesses - EUR 102 million broken down as follows:
- Commission actions : grants + procurement: EUR 42 million;
- Transnational projects : grants: EUR 14 million;
- National projects : EUR 46 million.
Giving EUR 524 million at 2004 prices and 597.6 million at current prices.
2) Specific programme ‘Prevention, Preparedness and Consequence Management of Terrorism : EUR 137.4 million + EUR 5 million for administrative expenditures and technical assistance:
Sub-action 4 – Preparedness – to promote, support and evaluate exchange of standards, know-how and experience – EUR 86.5 million broken down as follows:
- Commission actions : grants + procurement: EUR 40 million;
- Transnational projects : grants: EUR 3.5 million;
- National projects: EUR 43 million.
Sub-action 5 – Consequence management – to develop, implement and promote EU crisis management arrangements: EUR 34.5 million broken down as follows:
- Commission actions : grants + procurement: EUR 20.5 million;
- National projec ts EUR 14 million.
giving a total of EUR 121 million at 2004 prices and EUR 137.400 at current prices.
HUMAN RESOURCES: EUR 35.532 million from 2007 to 2013 covering expenditure on 55 staff (fixed, temporary and other specific posts).
Documents
- Follow-up document: COM(2018)0455
- Follow-up document: EUR-Lex
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2018)0332
- Contribution: COM(2011)0318
- Follow-up document: COM(2011)0318
- Follow-up document: EUR-Lex
- Final act published in Official Journal: Decision 2007/125
- Final act published in Official Journal: OJ L 058 24.02.2007, p. 0007
- Commission response to text adopted in plenary: SP(2007)0303
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T6-0596/2006
- Committee report tabled for plenary, 1st reading/single reading: A6-0389/2006
- Committee report tabled for plenary, 1st reading/single reading: A6-0389/2006
- Debate in Council: 2732
- Committee opinion: PE367.682
- Amendments tabled in committee: PE371.840
- Amendments tabled in committee: PE371.757
- Committee draft report: PE369.901
- Legislative proposal: COM(2005)0124
- Legislative proposal: EUR-Lex
- Document attached to the procedure: SEC(2005)0436
- Document attached to the procedure: EUR-Lex
- Legislative proposal published: COM(2005)0124
- Legislative proposal published: EUR-Lex
- Legislative proposal: COM(2005)0124 EUR-Lex
- Document attached to the procedure: SEC(2005)0436 EUR-Lex
- Committee draft report: PE369.901
- Amendments tabled in committee: PE371.757
- Amendments tabled in committee: PE371.840
- Committee opinion: PE367.682
- Committee report tabled for plenary, 1st reading/single reading: A6-0389/2006
- Commission response to text adopted in plenary: SP(2007)0303
- Follow-up document: COM(2011)0318 EUR-Lex
- Follow-up document: COM(2018)0455 EUR-Lex
- Follow-up document: EUR-Lex SWD(2018)0332
- Contribution: COM(2011)0318
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