                  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.


title: 2008/358/EC: Commission Decision of 25 April 2008 amending Decision 2005/380/EC establishing a group of non-governmental experts on corporate governance and company law

text:
               7.5.2008

               EN

               Official Journal of the European Union

               L 120/14

      COMMISSION DECISION

   of 25 April 2008
   amending Decision 2005/380/EC establishing a group of non-governmental experts on corporate governance and company law
   (2008/358/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               Decision 2005/380/EC created a group of non-governmental experts on corporate governance and company law as a body for reflection, debate and advice to the Commission in the field of corporate governance and company law. Decision 2005/380/EC applies until 27 April 2008.

               (2)

               The expert advice of the group has been valuable, in particular with regard to the Commission on-going initiatives in the field of company law and corporate governance, notably a European Private Company Statute and simplification of company law foreseen in the Commission Legislative and Work Programme 2008 (1) as well as evaluation of the application of existing legislation in the field of corporate governance and company law. In order to ensure continuity and assist with the successful completion of those projects the mandate of the group should be extended until June 2009.

               (3)

               It is important to ensure that members of the group provide objective expert advice.

               (4)

               Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (2).

               (5)

               Decision 2005/380/EC should therefore be amended accordingly,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Decision 2005/380/EC is amended as follows:

               1.

               in Article 3, the following paragraph is added:
               ‘Members shall each year sign an undertaking to act in the public interest and a declaration indicating the absence or existence of any interest which may undermine their objectivity.’

               2.

               in Article 5, the following paragraph is added:
               ‘The names of the members shall be collected, processed and published in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (3).

               3.

               Article 9 is replaced by the following:
               ‘This Decision shall apply until 30 June 2009.’

      Done at Brussels, 25 April 2008.

            For the Commission

         Charlie McCREEVY

            Member of the Commission

      (1)  COM(2007) 640 final, 23.10.2007.

      (2)  OJ L 8, 12.1.2001, p. 1.

      (3)  OJ L 8, 12.1.2001, p. 1.’


Avis juridique important

|

31983D0018

83/18/EEC: Council Decision of 21 December 1982 on the conclusion of an Agreement in the form of an exchange of letters providing for the provisional application, for the period 1 January to 31 March 1983, of the Agreement amending the Agreement between the European Economic Community and the Government of the Republic of Guinea Bissau on fishing off the coast of Guinea Bissau

Official Journal L 026 , 28/01/1983 P. 0042

*****COUNCIL  DECISION  of 21 December 1982  on the conclusion of an Agreement in the form of an exchange of letters providing for the provisional application, for the period 1 January to 31 March 1983, of the Agreement amending the Agreement between the European Economic Community and the Government of the Republic of Guinea Bissau on fishing off the coast of Guinea Bissau  (83/18/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Agreement between the Government of the Republic of Guinea Bissau and the European Economic Community on fishing off the coast of Guinea Bissau (1), hereinafter called the Fishing Agreement, and in particular the second subparagraph of Article 17 thereof,  Having regard to the proposal from the Commission,  Whereas, pursuant to the second subparagraph of Article 17 of the Fishing Agreement, the Community and Guinea Bissau conducted negotiations to determine the amendments or additions to be made to the arrangement set up by that Agreement;  Whereas, as a result of these negotiations, an Agreement amending the Annex and the Protocol forming an integral part of the Fishing Agreement and exchange of letters No 1 which accompanied it was initialled on 19 November 1982;  Whereas, under that Agreement, Community fishermen retain the fishing possibilities open to them in the waters under the sovereignty or jurisdiction of Guinea Bissau;  Whereas, in order to avoid any interruption in the fishing activities of Community vessels, it is indispensable that the Agreement in question be approved as soon as possible;  Whereas, for this reason, the two parties initialled an exchange of letters providing for the provisional application of the Agreement from the date of expiry of the arrangement laid down by the exchange of letters approved by Decision 82/610/EEC (2); whereas the Agreement should be approved, pending a final decision to be taken on the basis of Article 43 of the Treaty,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an exchange of letters providing for the provisional application, for the period 1 January to 31 March 1983, of the Agreement amending the Agreement between the European Economic Community and the Government of the Republic of Guinea Bissau on fishing off the coast of Guinea Bissau is hereby approved on behalf of the Community.  The texts referred to in the preceding subparagraph are attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in order to bind the Community.  Done at Brussels, 21 December 1982.  For the Council  The President  O. MOELLER  (1) OJ No L 226, 29. 8. 1980, p. 33.  (2) OJ No L 247, 23. 8. 1982, p. 33.