(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.

(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.

(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.

(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.

(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.

(8a)

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

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(18c)

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

(18d)

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

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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;

(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.

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.

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 ;

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 .

(ba)

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

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.

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 .

(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.

(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 .

(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.

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.

(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 ;

(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 ;

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.

(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;

(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;

a)

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

a)

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

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;

d)

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

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).

—

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.

—

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.