PURPOSE: to repeal, from 1 January 2014, Council
Decision 2007/124/EC, Euratom establishing for the period 2007 to
2013 the Specific Programme ‘Prevention, Preparedness and
Consequence Management of Terrorism and other Security-related
risks’.
PROPOSED ACT: Council Decision.
ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the
act only if Parliament has given its consent to the act.
BACKGROUND: under the multiannual framework 2007-13,
the General Programme on Security and Safeguarding Liberties was
established with its main objective being 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.
- Council Decision 2007/125/JHA
established the Specific Programme
‘Prevention of and Fight against Crime’ (‘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.
- Council Decision
2007/124/EC, Euratom
established the Specific Programme ‘Prevention, Preparedness
and Consequence Management of Terrorism and other Security related
risks’ (‘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.
IMPACT ASSESSMENT: no impact assessment was
undertaken.
LEGAL BASIS: Article 352 of the Treaty on the
Functioning of the European Union (TFEU) and Article 203 of the
Treaty establishing the European Atomic Energy
Community.
CONTENT: within the comprehensive framework of the
Internal Security Fund, the instrument for financial support
for police cooperation, preventing and combating crime, and crisis
management (‘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.
Therefore, the repeal of the CIPS and ISEC specific programmes will
be dealt with in exactly the same way.
The Commission proposes that the Decision establishing
the CIPS specific programme be repealed with effect from 1 January
2014.
BUDGETARY IMPLICATION:
this proposal does not have any direct
implication for the EU budget.