51997AP0366

A4-0366/97

Proposal for a Council Decision on a Joint Action adopted by the Council introducing a programme of training, exchanges and cooperation in the field of asylum, immigration and crossing of external borders (Odysseus programme) (COM(97)0364 - 9980/97 - C4-0427/97 - 97/0909(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Citation 1a (new)

>Text following EP vote>

Having regard to Article K.6, second paragraph, thereof,

(Amendment 2)

Citation 1b (new)

>Text following EP vote>

Having regard to the Treaty of Amsterdam(1) amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts and, in particular, the new fourth indent to Article B and the restructured Title VI of the EU Treaty, and the new Title IIIa of the EC Treaty,

>Text following EP vote>

(1) CONF/4005/97 LIMITE of 23 September 1997.

(Amendment 3)

Recital -1 (new)

>Text following EP vote>

Whereas the development of an area of freedom, security and justice will require the gradual establishment of uniform and coordinated procedures by the Member States in the fields of asylum, immigration and the crossing of external borders; whereas practical cooperation between people in the administrations of the various Member States plays an essential role in that process, not only because they are responsible for implementing the current rules but also because they are an irreplaceable channel for conveying the necessary law reforms;

(Amendment 4)

Recital -1a (new)

>Text following EP vote>

Whereas the new provisions of the Treaty of Amsterdam(1), in particular those contained in the new fourth indent to Article B and the restructured Title VI of the EU Treaty, and new Title IIIa of the EC Treaty, referring to asylum, immigration and the crossing of external borders open up prospects for cooperation between the national administrations of the Member States, and between these and the Commission;

>Text following EP vote>

(1) CONF/4005/97 LIMITE of 23 September 1997

(Amendment 5)

Recital 1, second indent

>Original text>

- the rules governing the crossing by persons of external borders of the Member States and the exercise of controls thereon, including matters concerning the security of identity documents; and

>Text following EP vote>

- the rules governing the crossing by persons of external borders of the Member States and the exercise of controls thereon, including matters concerning the efficiency of such controls and the security of identity documents; and

(Amendment 6)

Recital 2

>Original text>

Whereas the establishment of a framework for training, information, study and exchange activities will serve to improve the effectiveness of cooperation between the administrations of the Member States in the above areas;

>Text following EP vote>

Whereas the establishment of a framework for training, information, study and exchange activities will serve to encourage cooperation between the administrations of the Member States in the above areas, and at the same time improve its effectiveness;

(Amendment 7)

Recital 3

>Original text>

Whereas incorporating the Sherlock programme into the Odysseus programme will make it possible to coordinate cooperation in the areas concerned more closely and to achieve economies of scale in the running of the two programmes without impairing the Sherlock programme;

>Text following EP vote>

Whereas incorporating the Sherlock programme into the Odysseus programme will make it possible to coordinate cooperation in the areas concerned more closely and to achieve economies of scale in the running of the two programmes without impairing the Sherlock programme; whereas this programme is aimed at increasing the acceptance of common European Union rules in the areas of asylum, immigration and the crossing of external borders among officials responsible for implementing the provisions;

(Amendment 8)

Recital 6a (new)

>Text following EP vote>

Whereas the agreement between the European Parliament and the Commission on commitology referred to in the European Parliament's resolution of 24 October 1996 on the draft general budget of the European Communities for the financial year 1997 - Section III - Commission(1) stipulates in particular that the Commission shall keep Parliament fully informed of decisions taken by the committee provided for in Article 15 of this Decision, and shall require all the members of the committee to make a declaration certifying that their membership of the committee is not incompatible with their personal interests,

____________

(1) OJ C 347, 18.11.1996, p. 125.

(Amendment 9)

Article 1(2), first indent a (new)

>Text following EP vote>

- the relevant provisions of the Treaty of Amsterdam,

(Amendment 34)

Article 1(2), subparagraph 1a (new)

>Text following EP vote>

Importance must be attached to incorporating the findings from the current annual programme into the next one so as to ensure its continuous improvement.

(Amendment 10)

Article 1(3)

>Original text>

3. Without prejudice to the powers of the Community, the general objective of the Odysseus programme shall be to extend existing cooperation in the matter of asylum, immigration, the crossing of external borders and the security of identity documents, and cooperation with non-member countries applying for accession, by means of multiannual programming.

>Text following EP vote>

3. Without prejudice to the powers of the Community, the general objective of the Odysseus programme shall be to extend and strengthen existing cooperation in the matter of asylum, immigration, the crossing of external borders and the security of identity documents, and cooperation with non-member countries applying for accession, by means of multiannual programming.

(Amendment 11)

Article 2(1), second indent

>Original text>

- Exchange measures: period spent by officials in a Member State other than their own for the purpose of comparing their practice with that of their counterparts there;

>Text following EP vote>

- Exchange measures: period spent by officials in a Member State other than their own for the purpose of comparing their practice with that of their counterparts there, taking into account the prevailing rules on data protection;

(Amendment 12)

Article 2(2a) (new)

Definitions

>Text following EP vote>

2a. These measures shall be complementary to, and coordinated with, other training measures funded under the first pillar,

(Amendment 13)

Article 3, second indent

>Original text>

- specialist training, in particular advanced courses for decision-makers, and courses designed for those in charge of training.

>Text following EP vote>

- specialist training, in particular advanced courses for decision-makers or officials required to prepare administrative decisions and courses designed for those in charge of training.

(Amendment 14)

Article 4

>Original text>

Exchanges under the Odysseus programme shall take the form in particular of placements of limited duration within the national administrative departments responsible for the matters to which the programme relates.

>Text following EP vote>

Exchanges under the Odysseus programme shall take the form in particular of placements of limited duration within the national administrative departments responsible for the matters to which the programme relates, possibly accompanied or followed, for the purpose of complementarity, by exchanges of files or other documents - with names withheld - the processing of which would serve as an example.

>Text following EP vote>

The Member States benefiting from the programme shall bear 40% of the cost of the measure in question.

(Amendment 15)

Article 5(2)

>Original text>

2. Ways of improving the circulation of information in the areas to which the programme relates may also be a matter for study and research.

>Text following EP vote>

2 The following may also be a matter for study and research:

(a) ways of improving the dissemination of information in the areas to which the programme relates, at the level of officials responsible for the legislation in force and the most appropriate procedures and at the level of those affected by the administrative decisions, particularly where the substance of their rights and the procedures are concerned;

>Text following EP vote>

(b) more detailed assessment of the - national, Community or Union - legislation in force and, possibly, the preparation of new legislative proposals in line with those under discussion, with reference also to Article 1(2), third indent.

(Amendment 16)

Article 6(1), second indent

>Original text>

- close cooperation between competent national administrations and bodies.

>Text following EP vote>

- close cooperation between competent national administrations and bodies, with particular reference to the parts of the procedures relating to the rights of the applicants.

(Amendment 17)

Article 6(3), third indent

>Original text>

- conditions for reception of asylum-seekers, including their rights and obligations;

>Text following EP vote>

- conditions for reception of asylum-seekers, including their rights and obligations particularly as regards the conditions for exercising their right to information and access to documents;

(Amendment 18)

Article 6(3), fifth indent

>Original text>

- cooperation between the various bodies involved (asylum request scrutiny departments, welfare departments, border control services, etc.) and the role of the UNHCR and NGOs;

>Text following EP vote>

- cooperation between the various bodies involved (asylum request scrutiny departments, welfare departments, border control services, etc.) and the role of the UNHCR and other international organizations, such as the Red Cross, and NGOs;

(Amendment 19)

Article 7, first indent

>Original text>

- admission of non-member country nationals, and in particular conditions for entry, conditions for travel within the Union, residence rules, family unification, access to employment and to activity as self-employed persons, whether or not salaried;

>Text following EP vote>

- admission of non-member country nationals, and in particular conditions for entry, conditions for travel within the Union, residence rules, family unification, access to employment and to activity as self-employed persons, whether or not salaried, and access to information on these conditions and rules;

(Amendment 20)

Article 7, second indent

>Original text>

- combating illegal immigration, and in particular combating illegal entry, residence and employment, and the organization of the expulsion and repatriation of illegal immigrants.

>Text following EP vote>

- combating illegal immigration, and in particular combating illegal entry, residence and employment, combating trafficking in human beings, and the organization of the expulsion and repatriation - according to international and European human rights standards - of illegal immigrants.

(Amendment 21)

Article 7, indent 2a (new)

>Text following EP vote>

- combating organized crime in connection with trafficking in illegal immigrants.

(Amendment 22)

Article 8

>Original text>

Projects may be taken into consideration under the heading of measures to monitor the crossing of external borders if they are concerned with organizing the practicalities of controls, including matters concerning the security of identity documents. Special attention will be paid to addressing problems on a thematic basis (in particular by type of border) or on a geographical basis.

>Text following EP vote>

Projects may be taken into consideration under the heading of measures to monitor the crossing of external borders if they are concerned with organizing the practicalities of controls, including matters concerning the security and conformity of identity documents and the organization of the places where the controls are carried out. Special attention will be paid to addressing problems on a thematic basis (in particular by type of border) or on a geographical basis.

(Amendment 23)

Article 9, second paragraph

>Original text>

Measures shall be targeted on familiarization with the Union in order to help the applicant countries to take the measures needed to implement Union standards.

>Text following EP vote>

Measures shall be targeted on familiarization with the institutional, legal and administrative systems of the Member States of the European Union and the acquis communautaire, in order to help the applicant countries to take the measures needed to enable their services to work according to European Union levels and standards.

(Amendment 24)

Article 10, title and first paragraph

>Original text>

Financing criteria

To qualify for Community finance, projects must be of demonstrable interest to the European Union and involve at least three Member States.

>Text following EP vote>

Co-financing criteria

To qualify for Community co-finance, projects must be of demonstrable current or future interest to the European Union and involve at least three Member States.

(Amendment 26)

Article 11

>Original text>

The financing decisions and the contracts arising therefrom shall provide for monitoring and financial control by the Commission and audits by the Court of Auditors.

>Text following EP vote>

The co-financing decisions and the contracts arising therefrom shall provide for monitoring and financial control by the Commission and audits by the Court of Auditors, the results of which shall be forwarded to the budgetary authority.

(Amendment 27)

Article 12(1)

>Original text>

Level of Community finance

1. All types of expenditure which are directly chargeable to the implementation of the measure and have been incurred over a specific, contractually defined period shall be eligible

>Text following EP vote>

Level of Community co-finance

1. All types of expenditure which are directly chargeable to the implementation of the measure and have been incurred over a specific, contractually defined period shall be eligible within the limits of the appropriations authorized by the annual budgetary procedure.

(Amendment 28)

Article 14(2), first subparagraph

>Original text>

2. The Commission shall draw up a draft annual programme comprising a breakdown of the appropriations available and based on thematic priorities corresponding to the structure and objectives of the Odysseus programme. The annual programme shall cover the three areas referred to in Articles 6, 7 and 8, but may give preference to one of these if so required to meet the needs of the national administrations.

>Text following EP vote>

2. The Commission shall draw up a draft annual programme comprising a breakdown of the appropriations available within the framework of the annual budgetary procedure and based on thematic priorities corresponding to the structure and objectives of the Odysseus programme. The annual programme shall cover the three areas referred to in Articles 6, 7 and 8, but may give preference to one of these if so required to meet the needs of the national administrations. The programme shall be forwarded to the budgetary authority, which shall decide on its annual co-financing within the framework of the annual procedure.

(Amendment 29)

Article 15(2a) (new)

>Original text>

.

>Text following EP vote>

2a. Once adopted, the programme shall be forwarded to the European Parliament; the Commission shall keep the committee informed of Parliament's opinion.

(Amendment 30)

Article 16(1)

>Original text>

1. Projects for which finance is requested shall be submitted to the Commission for scrutiny no later than 31 March of the budgetary year in which they are to be booked.

>Text following EP vote>

1. Projects - emanating from public institutions, the UN High Commissioner for Refugees or other important international organizations of which the EU is a member or from non-governmental organizations - for which co- finance is requested shall be submitted to the Commission for scrutiny no later than 31 March of the budgetary year in which they are to be booked.

(Amendment 31)

Article 16(2) and (3)

>Original text>

2. Where finance of less than ECU 50 000 is requested, the Commission representative shall present the project to the Committee provided for in Article 15 (1). The Committee, acting by the majority provided for in the second subparagraph of Article K.4 (3) of the Treaty on European Union, shall give an opinion on the project within a time limit set by the Chairman according to the level of urgency. The opinion shall be recorded in the Committee's minutes, and each Member State may ask that its position be recorded likewise. The Chairman shall not vote.

>Text following EP vote>

2. Where co-finance of less than ECU 200 000 is requested, the Commission representative shall present the project to the Committee provided for in Article 15 (1). The Committee, acting by the majority provided for in the second subparagraph of Article K.4 (3) of the Treaty on European Union, shall give an opinion on the project within a time limit set by the Chairman according to the level of urgency. The opinion shall be recorded in the Committee's minutes, and each Member State may ask that its position be recorded likewise. The Chairman shall not vote.

>Original text>

The Commission shall have the fullest regard for the Committee's opinion. It shall inform the Committee of the action taken on its opinion.

>Text following EP vote>

The Commission shall have the fullest regard for the Committee's opinion. It shall inform the Committee of the action taken on its opinion.

>Original text>

3. Where finance of more than ECU 50 000 is requested, the Commission representative shall present a list of the projects submitted for the annual programme to the Committee provided for in Article 15 (1). It shall specify

which projects it has selected and give reasons. The Committee, acting by the majority provided for in the second subparagraph of Article K.4 (3) of the Treaty on European Union, shall give an opinion on the projects within two months. The Chairman shall not vote. If a favourable opinion is not given within the time limit, the Commission shall either withdraw the projects in question or present them, together with the Committee's opinion, to the Council, which, acting by the majority provided for in the second subparagraph of Article K.4 (3) of the Treaty, shall decide within two months.

>Text following EP vote>

3. Where co-finance of more than ECU 200 000 is requested, the Commission representative shall present a list of the projects submitted for the annual programme to the Committee provided for in Article 15 (1). It shall specify which projects it has selected and give reasons. The Committee, acting by the majority provided for in the second subparagraph of Article K.4 (3) of the Treaty on European Union, shall give an opinion on the projects within two months. The Chairman shall not vote. If a favourable opinion is not given within the time limit, the Commission shall either withdraw the projects in question or present them, together with the Committee's opinion, to the Council, which, acting by the majority provided for in the second subparagraph of Article K.4 (3) of the Treaty, shall decide within two months.

(Amendment 32)

Article 17(1)

>Original text>

1. The Commission shall be responsible for organizing an evaluation of the programme by impartial experts unconnected with the programme.

>Text following EP vote>

1. The Commission shall be responsible for organizing an evaluation of the programme by impartial experts unconnected with the programme, for whom the selection method will be indicated in the annual programme referred to in Article 15(2).

(Amendment 33)

Article 17(2a)(new)

>Text following EP vote>

2a. In preparing the draft programme for the following year, the Commission shall take account of any comments made by the European Parliament following the referral of the report provided for in paragraph 2.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Decision on a Joint Action adopted by the Council introducing a programme of training, exchanges and cooperation in the field of asylum, immigration and crossing of external borders (Odysseus programme) (COM(97)0364 - 9980/97 - C4-0427/97 - 97/0909(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal (COM(97)0364 - 97/0909(CNS)),

- having been consulted by the Council pursuant to Article K.6, second paragraph, of the Treaty on European Union (9980/97 - C4-0427/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report by the Committee on Civil Liberties and Internal Affairs and the opinions of the Committees on Budgets and the Committee on Legal Affairs and Citizens' Rights (A4-0366/97),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly,

3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.