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Document 52019AP0177
P8_TA(2019)0177 Establishing the Internal Security Fund ***I European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Internal Security Fund (COM(2018)0472 — C8-0267/2018 — 2018/0250(COD)) P8_TC1-COD(2018)0250 Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) …/… of the European Parliament and of the Council establishing the Internal Security Fund
P8_TA(2019)0177 Establishing the Internal Security Fund ***I European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Internal Security Fund (COM(2018)0472 — C8-0267/2018 — 2018/0250(COD)) P8_TC1-COD(2018)0250 Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) …/… of the European Parliament and of the Council establishing the Internal Security Fund
P8_TA(2019)0177 Establishing the Internal Security Fund ***I European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Internal Security Fund (COM(2018)0472 — C8-0267/2018 — 2018/0250(COD)) P8_TC1-COD(2018)0250 Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) …/… of the European Parliament and of the Council establishing the Internal Security Fund
OJ C 23, 21.1.2021, p. 451–491
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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21.1.2021 |
EN |
Official Journal of the European Union |
C 23/451 |
P8_TA(2019)0177
Establishing the Internal Security Fund ***I
European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Internal Security Fund (COM(2018)0472 — C8-0267/2018 — 2018/0250(COD))
(Ordinary legislative procedure: first reading)
(2021/C 23/64)
The European Parliament,
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having regard to the Commission proposal to Parliament and the Council (COM(2018)0472), |
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having regard to Article 294(2), Article 82(1), Article 84 and Article 87(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0267/2018), |
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having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
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having regard to Rule 59 of its Rules of Procedure, |
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having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A8-0115/2019), |
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Adopts its position at first reading hereinafter set out; |
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Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
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Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
P8_TC1-COD(2018)0250
Position of the European Parliament adopted at first reading on 13 March 2019 with a view to the adoption of Regulation (EU) …/… of the European Parliament and of the Council establishing the Internal Security Fund
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 82(1), 84 and 87(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee,
Having regard to the opinion of the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
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(1) |
Ensuring While national internal security, which is remains a competence of the Member States, is a shared endeavour protecting it requires cooperation and coordination at Union level. Internal security is a joint undertaking to which the EU institutions, relevant Union agencies and Member States , with the help of the private sector and civil society, should jointly contribute. In the period 2015 to 2020, the Commission, the Council of the European Union and the European Parliament have defined common priorities as set out in the European Agenda on Security of April 2015 (2), which were reaffirmed by the Council in the renewed Internal Security Strategy of June 2015 (3) and by the European Parliament in its Resolution of July 2015 (4) . That shared strategy aimed at providing the strategic framework for the work at Union level in the area of internal security, and defined the main priorities for action to ensure an effective Union response to security threats for the period 2015-2020, namely tackling preventing and combating terrorism and preventing radicalisation , including online radicalisation, and violent extremism, intolerance and discrimination , disrupting organised crime and fighting cybercrime. [Am. 1] |
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(2) |
In the Rome Declaration signed on 25 September March 2017, leaders of 27 Member States , the European Council, the European Parliament and the European Commission affirmed their determination to a safe and secure Europe and to build a Union where all citizens feel safe and can move freely, where the external borders are secured, with an efficient, responsible and sustainable migration policy, respecting international norms, as well as a Europe determined to fight terrorism and organised crime. [Am. 2] |
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(3) |
The European Council of 15 December 2016 called for continued delivery on the interoperability of EU information systems and databases. The European Council of 23 June 2017 underlined the need to improve the interoperability between databases and on 12 December 2017, the Commission adopted a proposal for a Regulation on establishing a framework for interoperability between EU information systems (Police and judicial cooperation, asylum and migration) (5). |
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(4) |
The Union’s objective of ensuring a high level of security within an area of freedom, security and justice pursuant to Article 67(3) of the Treaty on the Functioning of the European Union (TFEU) should be achieved, among others, through measures to prevent and combat crime as well as through measures for coordination and cooperation between law enforcement authorities and other national authorities of Member States, including with relevant Union agencies and other relevant Union bodies, and with relevant third countries and international organisations. |
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(5) |
To achieve this objective, actions should be taken at Union level to protect people and goods , public spaces and critical infrastructure from increasingly transnational threats and to support the work carried out by Member States’ competent authorities. Terrorism, serious and organised crime, itinerant crime, drug and arms trafficking, corruption, money laundering, cybercrime , sexual exploitation, including of children, hybrid threats, as well as chemical, biological, radiological and nuclear threats , trafficking in human beings and arms, among others, continue to challenge the internal security and the internal market of the Union. [Am. 3] |
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(5a) |
The Fund should provide financial support to address the emerging challenges posed by the significant increase in the scale of certain types of crime, such as payment fraud, child sexual exploitation and trafficking in weapons, being committed via the internet in recent years (‘cyber-enabled crimes’). [Am. 4] |
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(6) |
Funding from the Union budget should concentrate on activities where Union intervention can bring added value compared to action by Member States alone. In-line In line with Articles 84 and 87(2) TFEU, funding should support measures to promote and support the action of Member States in the field of crime prevention , joint training and police and judicial cooperation involving all the Member States’ competent authorities and Union agencies concerning especially information exchange, increased operational cooperation and supporting efforts to strengthen capabilities to combat and to prevent crime. The Fund should not support operating costs and activities related to the essential functions of the Member States concerning the maintenance of law and order and the safeguarding of internal and national security as referred to in Article 72 TFEU. [Am. 5] |
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(7) |
To preserve the Schengen acquis and the entire Union internal market area, and to strengthen its functioning, Member States have, since 6 April 2017, been obliged to carry out systematic checks against relevant databases on EU citizens who are crossing the EU’s external borders. Furthermore, the Commission issued a Recommendation to Member States to make better use of police checks and cross-border cooperation. Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and freedoms and the rule of law, a strong attention to the global perspective and the necessary coherence with the external dimension of security should be key principles guiding the Union and Member States’ action towards the development of an effective and genuine security union. [Am. 6] |
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(8) |
To contribute to the development and implementation of an effective and genuine security union aiming at ensuring a high level of internal security throughout the European Union, Member States should be provided with adequate Union financial support by setting up and managing an Internal Security Fund (‘the Fund’). |
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(9) |
The Fund should be implemented in full compliance with the rights values enshrined in Article 2 of the Treaty on European Union (TEU), and principles enshrined in the Charter of Fundamental Rights of the European Union and with the Union’s international obligations as regards fundamental human rights. In particular, this Regulation seeks to ensure that fundamental rights, such as the right to human dignity, the right to life, the prohibition of torture and inhuman or degrading treatment or punishment, the right to protection of personal data, the rights of the child and the right to have an effective remedy, are fully respected. It also seeks to promote the application of the principle of non-discrimination. [Am. 7] |
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(10) |
Pursuant to Article 3 TEU, the Fund should support activities which ensure the protection of children against violence, abuse, exploitation and neglect. The Fund should also support safeguards and assistance for child witnesses and victims, in particular those who are unaccompanied or otherwise in need of guardianship. |
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(10a) |
Raising awareness among law enforcement personnel about issues related to all forms of racism, including antisemitism and antiziganism, is a key success factor for internal security. Awareness-raising training and education measures for law enforcement actors should therefore be included in the scope of the Fund in order to increase trust-building capacity at a local level. [Am. 8] |
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(11) |
In line with the shared priorities identified at Union level to ensure a high level of security in the Union, the Fund will support actions aimed at addressing the main security threats and in particular tackling preventing and combating terrorism and violent extremism, including radicalisation , intolerance and discrimination , serious and organised crime, and cybercrime and as well as assisting and protecting victims of crime and protecting critical infrastructure . The Fund will ensure that the Union and its Member States are well equipped also to address evolving and emerging threats , such as trafficking, including via online channels, hybrid threats and chemical, biological, radiological and nuclear threats, with a view to implementing a genuine security union. This should be pursued through financial assistance to support better information exchange, increase operational cooperation and improve national and collective capabilities. [Am. 9] |
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(12) |
Within the comprehensive framework of the Fund, the financial assistance provided through the Fund should in particular support exchange of and access to information as well as police and judicial cooperation and prevention in the fields of serious and organised crime, illicit arms trafficking, corruption, money laundering, drug trafficking, environmental crime, exchange of and access to information, terrorism, trafficking in human beings, exploitation of illegal immigration, child refugees and irregular migrants, severe labour exploitation, sexual exploitation and abuse, including of children and women , distribution of child abuse images and child pornography, and cybercrime. The Fund should also support the protection of people, public spaces and critical infrastructure against security-related incidents and the effective management of security-related risks and crises, including through joint training, the development of common policies (strategies, policy cycles, programmes and action plans), legislation and practical cooperation. [Am. 10] |
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(12a) |
The Fund should provide assistance to law enforcement authorities irrespective of their organisational structure under national law. For this reason, actions involving military forces charged with internal security tasks should also be eligible for support from the Fund, to the extent that such actions serve to contribute to the achievement of the specific objectives of the Fund. In emergency situations, and to address and prevent serious risks to public security, including in the aftermath of a terrorist attack, actions by military forces inside the territory of the Member State should be eligible for support from the Fund. Peace-keeping or defence actions outside the territory of the Member State should under no circumstances be eligible for assistance from the Fund. [Am. 11] |
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(13) |
The Fund should build on the results and investments of its predecessors: the Prevention and fight against crime (ISEC) programme and the Prevention, preparedness and consequence management of terrorism and other security-related risks (CIPS) programme for the period 2007-2013 and the instrument for police cooperation, preventing and combating crime, and crisis management as part of the Internal Security Fund for the period 2014-2020, established by Regulation (EU) No 513/2014 of the European Parliament and of the Council (6), and should be extended it to take into account new developments. |
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(14) |
There is a need to maximise the impact of Union funding by mobilising, pooling and leveraging public and private financial resources. The Fund should promote and encourage the active and meaningful participation and involvement of civil society, including non-governmental organisations, as well as the European industrial sector in the development and implementation of security policy , in particular as regards cybersecurity , including where relevant with involvement of other relevant actors, Union agencies and other Union bodies, third countries and international organisations in relation to the objective of the Fund. However, it should be ensured that support from the Fund is not used to delegate statutory or public tasks to private actors. [Am. 12] |
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(15) |
Within the comprehensive framework of the Union’s anti-drugs strategy, which advocates a balanced approach based on a simultaneous reduction in supply and demand, the financial assistance provided under this Fund should support all actions aimed at preventing and combating trafficking in drugs (supply and demand reduction), and in particular measures targeting the production, manufacture, extraction, sale, transport, importation and exportation of illegal drugs, including possession and purchase with a view to engaging in drug trafficking activities. The Fund should in particular cover the prevention aspects of the drugs policy. To bring further synergies and clarity in the drugs-related area, these elements of drugs-related objectives — which in 2014-2020 were covered by the Justice programme — should be incorporated into the Fund. |
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(16) |
With a view to ensuring that the Fund makes an effective contribution to a higher level of internal security throughout the European Union, to the development of a genuine security union, it should be used in a way that adds most European value to the action of the Member States. [Am. 13] |
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(17) |
In the interests of solidarity within the Union, and in the spirit of shared responsibility for the security therein, where weaknesses or risks are identified, in particular following a Schengen evaluation, the Member State concerned should adequately address the matter by using resources under its programme to implement recommendations adopted pursuant to Council Regulation (EU) No 1053/2013 (7). |
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(18) |
To contribute to the achievement of the objectives of the Fund, Member States should ensure that the priorities of their programmes address contribute to the achievement of the specific objectives of the Fund, that the priorities chosen are in-line with the implementing measures as set out in Article 3a and that the allocation of resources between objectives is proportionate to challenges and needs and ensures that the overall policy objective can be met. [Am. 14] |
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(19) |
Synergies, consistency and efficiency should be sought with other EU funds and overlap between the actions should be avoided. |
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(20) |
The Fund should be coherent with and complementary to other Union financial programmes in the field of security. Synergies will be sought ensured in particular with the Asylum and Migration Fund, the Integrated Border Management Fund consisting of the border management and visa instrument established by Regulation (EU) X and the customs control equipment instrument established by Regulation (EU) X as well as the other Cohesion Policy Funds covered by Regulation (EU) X [CPR], the security research part of the Horizon Europe programme established by Regulation (EU) X, the Rights and Values programme established by Regulation X, the Justice programme established by Regulation EU X, the Digital Europe programme established by Regulation EU X and the InvestEU programme established by Regulation EU X. Synergies should be sought in particular on security of infrastructure and public spaces, cybersecurity , the protection of victims and the prevention of violent extremism, including radicalisation. Effective coordination mechanisms are essential to maximise the effective achievement of policy objectives, exploit economies of scale and avoid overlaps between actions. [Am. 15] |
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(21) |
Measures in and in relation to third countries supported through the Fund should be implemented in full synergy and coherence with and should complement other actions outside the Union supported through the Union's external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of external action, the Union’s external action and foreign policy and development aid policy related to the country or region in question. In relation to the external dimension, the Fund should enhance cooperation with third countries in areas of interest to the Union’s internal security, such as countering terrorism and radicalisation, cooperation with third country law enforcement authorities in the fight against terrorism (including detachments and joint investigation teams) , trafficking, in particular of arms, drugs, endangered species and cultural goods , serious and organised crime and corruption, trafficking in human beings and migrant smuggling. [Am. 16] |
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(22) |
Funding from the Union budget should concentrate on activities where Union intervention can bring added value as compared to actions by Member States alone. Security has an inherently cross-border dimension and therefore a strong, coordinated Union response is required. Financial support provided under this Regulation will contribute in particular to strengthening national and Union capabilities in the security area. |
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(23) |
A Member State may be deemed not to be compliant with the relevant Union acquis as regards the use of operating support under this Fund if it has failed to fulfil its obligations under the Treaties in the area, of security if there is a clear risk of a serious breach by the Member State of the Union’s values when implementing the acquis on security or if an evaluation report under the Schengen evaluation and monitoring mechanism identified deficiencies in the relevant area. |
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(23a) |
Under Regulation (EU) No X of the European Parliament and of the Council (8) , the Union should take action to protect its budget whenever a generalised deficiency as regards the rule of law is established in a Member State. Regulation (EU) No X should apply to this Fund. [Am. 17] |
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(24) |
The Fund should reflect the need for increased flexibility and simplification while respecting requirements in terms of predictability, and ensuring a fair and transparent distribution of resources to meet the objectives laid down in this Regulation. The implementation of the Fund should be guided by the principles of efficiency, effectiveness and quality of spending. Furthermore, the implementation of the Fund should be as user-friendly as possible. [Am. 18] |
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(25) |
This Regulation should establish the initial amounts to Member States calculated on the basis of criteria laid down in Annex I. |
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(26) |
These initial amounts should form the basis for Member States’ long-term investments in security. To take account of changes in internal and external security threats or in the baseline situation, an additional amount should be allocated to the Member States at mid-term based on the latest available statistical data, as set out in the distribution key, taking into account the state of programme implementation. [Am. 19] |
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(26a) |
The critical infrastructure that the Member States have to protect should be taken into account when resources available from the Fund are distributed. [Am. 20] |
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(27) |
As challenges in the area of security are constantly evolving, there is a need to adapt the allocation of funding to changes in internal and external security threats and steer funding towards the priorities with the highest added value for the Union. To respond to pressing needs, changes in policy and Union priorities and to steer funding towards actions with a high level of Union added value, part of the funding will be periodically allocated to specific actions, Union actions and emergency assistance via a thematic facility. [Am. 21] |
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(28) |
Member States should be encouraged to use part of their programme allocation to fund actions listed in Annex IV benefiting from a higher Union contribution , primarily because of their significant European added value or their high importance for the Union . [Am. 22] |
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(29) |
Part of the available resources under the Fund could also be distributed for the implementation of specific actions which require cooperative effort amongst Member States or where new developments in the Union require additional funding to be made available to one or more Member States. These specific actions should be defined by the Commission in its work programmes. |
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(30) |
The Fund should contribute to supporting operating costs related to internal security and enable Member States to maintain capabilities which are crucial to the Union as a whole. Such support consists of full reimbursement of a selection of specific costs related to the objectives under the Fund and should form an integral part of the Member States’ programmes. |
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(31) |
To complement the implementation of its policy objective at national level through Member States’ programmes, the Fund should also provide support for actions at Union level. Such actions should serve overall strategic purposes within the scope of intervention of the Fund relating to policy analysis and innovation, transnational mutual learning and partnerships and the testing of new initiatives and actions across the Union or among certain Member States . In this regard, cooperation between Member States’ intelligence services should be encouraged with a view to ensure the necessary information exchange to enhance the effectiveness of the fight against terrorism as well as serious and organised crime, and to contribute to a better understanding of their cross-border nature. The Fund should support Member States’ efforts to exchange best practice and to promote joint training in order to help develop a culture of cooperation and mutual trust between intelligence services as well as between intelligence services and Europol . [Am. 23] |
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(32) |
In order to strengthen the Union’s capacity to react immediately to security-related incidents or newly emerging threats to the Union, it should be possible to provide emergency assistance in accordance with the framework set out in this Regulation. Emergency assistance should therefore not be provided to support mere contingency and long-term measures or to address situations where the urgency to act results from inadequate administrative organisation and insufficient operational planning on the part of the competent authorities. |
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(33) |
In order to ensure the necessary flexibility of action and respond to emerging needs, it should be made possible for decentralised agencies to be provided with the appropriate additional financial means to carry out certain emergency tasks. In instances where the task to be undertaken is of such urgent nature that an amendment of their budgets could not be finalised in time, decentralised agencies should be eligible as beneficiaries of emergency assistance, including in the form of grants, consistent with priorities and initiatives identified at Union level by the EU institutions. |
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(33a) |
In light of the transnational nature of Union actions and in order to promote coordinated action to fulfil the objective of ensuring the highest level of security in the Union, decentralised agencies should also be eligible as beneficiaries of Union action, including in the form of grants. Such support should be consistent with the priorities and initiatives identified at Union level by the Union institutions to ensure European added value. [Am. 24] |
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(34) |
The policy objective of this Fund will be also addressed through financial instruments and budgetary guarantee under the policy windows of the InvestEU. Financial support should be used to address market failures or sub-optimal investment situations, in a proportionate manner and actions should not duplicate or crowd out private financing or distort competition in the Internal market. Actions should have a clear European added value. |
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(35) |
This Regulation lays down a financial envelope for the Internal Security Fund (ISF) which is to constitute the prime reference amount, within the meaning of paragraph X of the Interinstitutional Agreement of X between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (9), for the European Parliament and the Council during the annual budgetary procedure. |
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(36) |
Regulation (EU, Euratom) No [the new FR] (10) (the ‘Financial Regulation’) applies to this Fund. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees. In order to ensure coherence in the implementation of Union funding programmes, the Financial Regulation is to apply to the actions to be implemented in direct or indirect management under ISF. |
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(37) |
For the purpose of implementation of actions under shared management, the Fund should form part of a coherent framework consisting of this Regulation, the Financial Regulation and the Common Provisions Regulation (EU) No X [CPR] (11). In the event of conflicting provisions, this Regulation should take precedence over Regulation (EU) No X [CPR]. [Am. 159] |
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(38) |
Regulation (EU) No X [CPR] establishes the framework for action by the European Regional Development Fund (ERDF), the European Social Fund Plus (ESF+), the Cohesion Fund, the European Maritime and Fisheries Fund (EMFF), the Asylum, and Migration and Integration Fund (AMIF), Internal Security Fund (ISF) and the instrument for border management and visa (BMVI), as a part of the Integrated Border Management Fund (IBMF), and it lays down, in particular, the rules concerning programming, monitoring and evaluation, management and control for EU funds implemented under shared management. Additionally it is necessary to specify the objectives of the Internal Security Fund in this Regulation, and to lay down specific provisions concerning the activities that may be financed with the support of this Fund. [Am. 26] |
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(38a) |
To ensure that the Fund supports actions addressing all the specific objectives of the Fund, and that the allocation of resources among the objectives is proportionate to challenges and needs, so that the objectives can be met, a minimum percentage of allocation from the Fund should be defined for each specific objective of the Fund, both for the national programmes and the thematic facility. [Am. 27] |
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(39) |
The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the objectives of the actions and to deliver results, taking into account, in particular, the costs of control, the administrative burden, and then expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. |
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(40) |
In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (12), Council Regulation (Euratom, EC) No 2988/95 (13), Council Regulation (Euratom, EC) No 2185/96 (14) and Council Regulation (EU) 2017/1939 (15), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative and/or criminal sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrate investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other criminal offences affecting the financial interests of the Union. In accordance with Council Regulation (EU) 2017/1939, the European Public Prosecutor’s Office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (16). In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. Member States shall cooperate fully and provide all necessary assistance to Union institutions, agencies and bodies in the protection of the Union's financial interests. The results of investigations into irregularities or fraud in relation to the Fund should be made available to the European Parliament. [Am. 28] |
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(41) |
Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. |
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(42) |
Pursuant to Article 94 of Council Decision 2013/755/EU (17), persons and entities established in overseas countries and territories (OCTs) are eligible for funding subject to the rules and objectives of the Fund and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked. |
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(43) |
Pursuant to Article 349 of the TFEU and in line with the Commission Communication ‘A stronger and renewed strategic partnership with the EU's outermost regions (18) ’, endorsed by the Council in its conclusion of 12 April 2018, relevant Member States should ensure that their programmes address the specific challenges the outermost regions face. The Fund supports these Member States with adequate resources to help these regions as appropriate. [Am. 29] |
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(44) |
Pursuant to paragraph 22 and 23 of the Interinstitutional Agreement for Better Law-Making of 13 April 2016 (19), there is a need to evaluate this Fund on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Fund on the ground. In order to measure the achievements of the Fund, indicators and related targets should be established in relation to each specific objective of the Fund. Those indicators should include qualitative and quantitative indicators. [Am. 30] |
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(45) |
Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Fund will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives. Relevant actions will be identified during the Fund's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes over the MFF 2021-2027 period and an annual target of 30 % as soon as possible and at the latest by 2027 . [Am. 31] |
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(46) |
Through these indicators and financial reporting, the Commission and the Member States should monitor the implementation of the Fund in accordance with the relevant provisions of Regulation (EU) No X [CPR] and this Regulation. To adequately fulfil its supervisory role, the Commission should be in a position to establish the amounts actually spent from the Fund in a given year. When reporting the annual accounts of their national programme to the Commission, Member States should therefore distinguish between recoveries, pre-financing payments to final beneficiaries and reimbursement of expenditure that was actually incurred. To facilitate the audit and the monitoring of the implementation of the Fund, the Commission should include those amounts in its annual implementation report for the Fund. The Commission should present a summary of the accepted annual performance reports to the European Parliament and the Council every year. Upon request, the Commission should make the full text of the annual performance reports available to the European Parliament and the Council. [Am. 32] |
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(47) |
In order to supplement and amend non-essential elements in this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of work programmes for the thematic facility, the list of actions eligible for higher co-financing as listed in Annex IV, operating support and in order to further develop the monitoring and evaluation framework. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law Making of 13 April 2016. [Am. 33] |
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(48) |
In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred to the Commission. These powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (20). The examination procedure should be used for implementing acts that lay down common obligations on Member States, in particular on the provision of information to the Commission, and the advisory procedure should be used for the adoption of implementing acts relating to the modalities of providing information to the Commission in the framework of programming and reporting, given their purely technical nature. [Am. 34] |
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(49) |
In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. |
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(50) |
In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the TEU and to the TFEU, and without prejudice to Article 4 of that Protocol, Ireland [is not taking part in the adoption of this Regulation and is not bound by it or subject to its application / has notified its wish to take part in the adoption and application of this Regulation]. |
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(51) |
It is appropriate to align the period of application of this Regulation with that of Council Regulation (EU, Euratom) No X laying down the multiannual financial framework (21), |
HAVE ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
1. This Regulation establishes the Internal Security Fund (‘the Fund’) for the period from 1 January 2021 to 31 December 2027 . [Am. 35]
2. It This Regulation lays down:
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(a) |
the objectives of the Fund,; |
|
(b) |
the specific objectives of the Fund and measures to implement those specific objectives; |
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(c) |
the budget for the period 2021-2027,; |
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(d) |
the forms of Union funding and the rules for providing for such funding. [Am. 36] |
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
|
(a) |
‘blending operation’ means actions supported by the Union budget, including within blending facilities pursuant to Article 2(6) of the Financial Regulation, combining non-repayable forms of support and/or financial instruments from the Union budget with repayable forms of support from development or other public finance institutions, as well as from commercial finance institutions and investors; |
|
(b) |
‘crime prevention’ means all measures that are intended to reduce or otherwise contribute to reducing crime and citizens’ feeling of insecurity, as referred to in Article 2(2) of Council Decision 2009/902/JHA (22); |
|
(c) |
‘critical infrastructure’ means an asset, network, system or part thereof which is essential for the maintenance of vital societal functions, health, safety, security, economic or social well-being of people, and the disruption, 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; |
|
(d) |
‘cybercrime’ means cyber-dependent crimes, that is to say crimes that can be committed only through the use of information and communications technology (ICT) devices and systems, where the devices and systems are either tools for committing the crime or the primary targets of the crime; and cyber-enabled crimes, that is to say traditional crimes, such as child sexual exploitation, which can be increased in scale or reach by the use of computers, computer networks or other forms of ICT; [Am. 37] |
|
(e) |
‘EMPACT actions’ means actions undertaken in the framework of the European multidisciplinary platform against criminal threats (EMPACT) (23). EMPACT is a structured multidisciplinary cooperation platform of the relevant Member States, Union institutions and agencies, as well as third countries, international organisations and other public and private partners to address prioritised threats of organised and serious international crime under the EU Policy Cycle; |
|
(f) |
‘EU Policy Cycle’ refers to an intelligence-led and multidisciplinary initiative with the aim to fight the most important serious and organised crime threats to the Union by encouraging cooperation between the Member States, the Union institutions, the Union Justice and Home Affairs the agencies and where relevant third countries and specific international organisations; [Am. 38] |
|
(g) |
‘exchange of and access to information’ means the secure collection, storage, processing, analysis and exchange of information relevant to the authorities referred to in Article 87 TFEU as well as to Europol , Eurojust and the European Public Prosecutor’s Office in relation to the prevention, detection, investigation, and prosecution of criminal offences, in particular terrorism and cybercrime, as well as cross-border serious and organised crime processed in compliance with applicable Union data protection rules ; [Am. 39] |
|
(h) |
‘judicial cooperation’ means judicial cooperation in criminal matters; [Am. 40] |
|
(i) |
‘LETS’ means the European Law Enforcement Training Scheme, aimed at equipping law enforcement officers with the knowledge and skills they need to prevent and combat organised and serious cross-border crime and terrorism effectively through efficient cooperation, as outlined in the Commission Communication of 27 March 2013 on establishing a European LETS (24) and further referred to in the CEPOL Regulation (25); [Am. 41] |
|
(j) |
‘organised crime’ means punishable conduct relating to participation in a criminal organisation, as defined in Council Framework Decision 2008/841/JHA (26); |
|
(k) |
‘preparedness’ means any measure specific measures aimed at preventing or reducing risks linked to possible terrorist attacks or other security-related incidents; [Am. 42] |
|
(l) |
‘Schengen evaluation and monitoring mechanism’ means the verification of the correct application of the Schengen acquis as laid down in Regulation (EU) No 1053/2013, including in the area of police cooperation; |
|
(m) |
‘tackling corruption’ covers all areas outlined in the United Nations Convention against corruption, including prevention, criminalisation and law enforcement measures, international cooperation, asset recovery, technical assistance and information exchange; |
|
(n) |
‘terrorism’ means any of the intentional acts and offences as defined in Directive (EU) 2017/541 of the European Parliament and of the Council on combating terrorism (27). |
Article 3
Objectives of the Fund
1. The policy objective of the Fund shall be to contribute to ensuring a high level of security in the Union, inter alia through increased cooperation, in particular by tackling preventing and combating terrorism and violent extremism, including radicalisation, serious and organised crime and, cybercrime and , as well as by assisting and protecting victims of crime. The Fund shall also support preparedness for and management of security-related incidents. [Am. 43]
2. Within the policy objective set out in paragraph 1, the Fund shall contribute to the following specific objectives:
|
(a) |
to increase improve and facilitate the exchange of relevant and accurate information among and within the Union law enforcement and judicial authorities of the Member States, other competent authorities of the Member States and other relevant Union bodies as well as , in particular Europol and Eurojust, and, where relevant, with third countries and international organisations; [Am. 44] |
|
(b) |
to improve and intensify cross-border coordination and cooperation, including relevant joint operations among and within the Union Member States’ law enforcement and other competent authorities in relation to terrorism, and serious and organised crime with a cross-border dimension; and [Am. 45] |
|
(c) |
to support effort at the necessary strengthening of the capabilities of the Member States in relation to combatting and preventing crime, including terrorism , cybercrime and violent extremism, including radicalisation, in particular through increased cooperation between public authorities, the relevant Union agencies, civil society and private partners actors, within and across the Member States. , and civilian crisis management following a security-related incident; [Am. 46] |
|
(ca) |
to develop a common intelligence culture by supporting contacts and mutual trust, understanding and learning, the dissemination of know-how and best practices among the intelligence services of the Member States and with Europol, notably through joint training and the exchange of experts. [Am. 47] |
3. Within the specific objectives set out in paragraph 2, the Fund shall be implemented , inter alia, through the implementation measures listed in Annex II Article 3a . [Am. 48]
4. Actions Operations funded shall be implemented in full respect for compliance with fundamental rights and human dignity and the values enshrined in Article 2 TEU, and the funding shall be interrupted and recovered in case of clear and substantiated evidence that the actions contribute to violation of such rights . In particular, actions operations shall comply with the provisions of the Charter of Fundamental Rights of the European Union, Union data protection law and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). In particular, wherever possible, Special attention shall be given by Member States when implementing actions to the assistance and protection of operations relating to vulnerable persons, in particular children and unaccompanied minors. [Am. 49]
Article 3a
Implementation measures
1. The Fund shall contribute to achieving the specific objective set out in Article 3(2)(a) by focusing on the following implementation measures:
|
(a) |
ensuring uniform application of the Union acquis on security, supporting the exchange of relevant information, including through the implementation of recommendations from quality control and evaluation mechanisms, such as the Schengen evaluation mechanism and other quality control and evaluation mechanisms; |
|
(b) |
setting up, adapting and maintaining security-relevant Union IT systems and communication networks, including ensuring their interoperability, and developing appropriate tools to address identified gaps; |
|
(c) |
increasing the active use of Union security-relevant information exchange tools, systems and databases, improving the interconnection of security-relevant national databases as well as their connection to Union databases when foreseen in relevant legal bases, ensuring that those databases are fed with relevant high quality data; and |
|
(d) |
supporting relevant national measures to implement the specific objectives set out in Article 3(2)(a). |
2. The Fund shall contribute to the specific objective set out in Article 3(2)(b) by focusing on the following implementation measures:
|
(a) |
increasing relevant law enforcement operations between Member States, including, where appropriate, with other relevant actors, in particular facilitating and improving the use of joint investigation teams, joint patrols, hot pursuits, discreet surveillance and other operational cooperation mechanisms in the context of the EU Policy Cycle (EMPACT), with special emphasis on cross-border operations; |
|
(b) |
increasing coordination and cooperation of law enforcement and other competent authorities within and between Member States and with other relevant actors, for example through networks of specialised national units, Union networks and cooperation structures, Union centres; |
|
(c) |
improving inter-agency cooperation and, at Union level, between the Member States themselves, or between Member States, on the one hand, and the relevant Union bodies, offices and agencies on the other hand, as well as at national level among the competent national authorities in each Member State; |
3. The Fund shall contribute to the specific objective set out in Article 3(2)(c) by focusing on the following implementation measures:
|
(a) |
increasing law enforcement training, exercises and mutual learning, notably by including elements aimed at raising awareness on issues related to radicalisation, violent extremism and racism, specialised exchange programmes between Member States, including for junior law enforcement staff, and sharing of best practice including with third countries and other relevant actors; |
|
(b) |
exploiting synergies by pooling resources and knowledge among Member States and other relevant actors, including civil society through, for instance, the creation of joint centres of excellence, the development of joint risk assessments, common operational support centres for jointly conducted operations, or the sharing of best practices in preventing crime at the local level; |
|
(c) |
promoting and developing measures, safeguards, mechanisms and best practices for the early identification, protection and support of witnesses, whistle-blowers and victims of crime and developing partnerships between public authorities and other relevant actors to this effect; |
|
(d) |
acquiring relevant equipment and setting up or upgrading specialised training facilities and other essential security relevant infrastructure to increase preparedness, resilience, public awareness and adequate response to security threats; |
|
(e) |
detecting, assessing and closing vulnerabilities in critical infrastructure and IT equipment with high market penetration in order to prevent attacks against information systems and critical infrastructure, for instance by code auditing of free and open source software, by establishing and supporting bug bounty programmes, or by penetration testing. |
4. The Fund shall contribute to the achievement of the specific objective set out in Article 3(2)(ca) by focusing on the following implementation measures:
|
(a) |
improving cooperation and coordination among the intelligence services of the Member States and between these services and law enforcement authorities through contacts, networking, mutual trust, understanding and learning, exchange and dissemination of know-how, experience and best practices, in particular with regard to support for police investigations and threat assessment; |
|
(b) |
the exchange of and training of intelligence officers. [Am. 50] |
Article 4
Scope of support
1. Within the objectives referred to in Article 3 and In-line with the implementation measures listed in Annex II Article 3a , the Fund shall in particular support actions that contribute to the achievement of the objectives referred to in Article 3. They may include the actions listed in Annex III. [Am. 51]
2. To achieve the objectives referred to in Article 3 of this Regulation, the Fund may in exceptional cases, within defined limits and subject to appropriate safeguards, support the actions in-line with Union priorities as referred to in Annex III in relation to and in third countries, where appropriate, in accordance with Article 5. [Am. 52]
2a. The total amount of funding for supporting actions in or in relation to third countries under the thematic facility in accordance with Article 8 shall not exceed 2 % of the total amount allocated to the thematic facility under Article 7(2)(b). [Am. 53]
2b. The total amount of funding for supporting actions in or in relation to third countries under the Member States' programmes in accordance with Article 12 shall not exceed, for each Member State, 2 % of the total amount allocated to that Member State in accordance with Article 7(2)(a), Article 10(1) and Annex I. [Am. 54]
3. The following actions shall not be eligible:
|
(a) |
actions limited to , or mainly consisting of, the maintenance of public order at national level; [Am. 55] |
|
(b) |
actions covering the purchase or maintenance of standard equipment, standard means of transport or standard facilities of the law-enforcement and other competent authorities referred to in Article 87 TFEU; |
|
(c) |
actions with a military or defence purpose; |
|
(d) |
equipment of which at least one of the purposes the main purpose is customs control; [Am. 56] |
|
(e) |
coercive equipment, including weapons, ammunition, explosives and riot sticks, except for training; |
|
(f) |
informant rewards and flash money (28) outside the framework of an EMPACT action. |
Where an emergency situation occurs, non-eligible actions referred to in this paragraph points (a) and (b) of the first subparagraph may be considered eligible. [Am. 57]
Article 5
Eligible entities
1. The following entities may be eligible:
|
(a) |
legal entities established in any of the following countries:
|
|
(b) |
any legal entity created under Union law or any relevant international organisation. [Am. 59] |
2. Natural persons are not eligible.
3. Legal entities established in a third country are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action , following approval by the Commission . [Am. 60]
4. Legal entities participating in consortia of at least two independent entities, established in different Member States or in overseas countries or territories linked to those states or in third countries, are eligible. [Am. 61]
CHAPTER II
FINANCIAL AND IMPLEMENTATION FRAMEWORK
SECTION 1
COMMON PROVISIONS
Article 6
General principles
1. Support provided under this Regulation shall complement national, regional and local intervention, and shall focus on bringing European added value to the objectives of this Regulation. [Am. 62]
2. The Commission and the Member States shall ensure that the support provided under this Regulation and by the Member States is consistent with the relevant activities, policies and priorities of the Union and is complementary to other Union national instruments and coordinated with other instruments of the Union, in particular actions carried out under other Union funds . [Am. 63]
3. The Fund shall be implemented under shared, direct or indirect management in accordance with Articles 62(1)(a), (b) and (c) of the Financial Regulation.
Article 7
Budget
1. The financial envelope for the implementation of the Fund for the period 2021-2027 shall be EUR 2 209 725 000 in 2018 prices (EUR 2 500 000 000 in current prices). [Am. 64]
2. The financial envelope shall be used as follows:
|
(a) |
EUR 1 325 835 000 in 2018 prices ( EUR 1 500 000 000 in current prices) shall be allocated to the programmes implemented under shared management; [Am. 65] |
|
(b) |
EUR 883 890 in 2018 prices ( EUR 1 000 000 000 in current prices) shall be allocated to the thematic facility. [Am. 66] |
3. Up to 0,84 % of the financial envelope shall be allocated for technical assistance at the initiative of the Commission for the implementation of the Fund.
Article 8
General provisions on the implementation of the thematic facility
1. The financial envelope referred to in Article 7(2)(b) shall be allocated flexibly through the thematic facility using shared, direct and indirect management as set out in work programmes. Funding from the thematic facility shall be used for its components:
|
(a) |
specific actions; |
|
(b) |
Union actions; and |
|
(c) |
emergency assistance. |
Technical assistance at the initiative of the Commission shall also be supported from the financial envelope for the thematic facility.
2. Funding from the thematic facility shall address priorities with a high added value to the Union or to be used to respond to urgent needs, in line with agreed Union priorities as outlined in Article 3a, for specific measures such as those listed in Annex II III, or to support measures in accordance with Article 19 . The allocation of resources of the thematic facility among the different priorities shall, as far as possible, be proportionate to challenges and needs so as to ensure that the objectives of the Fund can be met . [Am. 67]
2a. The funding from the thematic facility shall be allocated as follows:
|
(a) |
a minimum of 10 % to the specific objective referred to in point (a) of Article 3(2); |
|
(b) |
a minimum of 10 % to the specific objective referred to in point (b) of Article 3(2); |
|
(c) |
a minimum of 30 % to the specific objective referred to in point (c) of Article 3(2); |
|
(d) |
a minimum of 5 % to the specific objective referred to in point (ca) of Article 3(2). [Am. 68] |
3. When funding from the thematic facility is granted in direct or indirect management to Member States, it no funding shall be ensured that selected available for projects are not affected by , where there is clear evidence that the legality of those projects, or the legality and regularity of that funding, or the performance of those projects, would be in doubt as a result of a reasoned opinion issued by the Commission in respect of an infringement procedure under Article 258 of the TFEU that puts at risk the legality and regularity of expenditure or the performance of projects TFEU . [Am. 69]
4. When funding from the thematic facility is implemented in shared management, the Commission shall, for the purposes of Article 18 and Article 19(2) of the Regulation (EU) No X [CPR], assess whether the foreseen actions are not affected by ensure that no funding is available for projects, where there is clear evidence that the legality of those projects, or the legality and regularity of that funding, or the performance of those projects, would be in doubt as a result of a reasoned opinion issued by the Commission in respect of an infringement procedure under Article 258 of the TFEU that puts at risk the legality and regularity of expenditure or the performance of the projects TFEU . [Am. 70]
5. The Commission shall establish the overall amount made available for the thematic facility at under the annual appropriations of the Union budget. The Commission shall be empowered to adopt financing decisions delegated acts in accordance with Article 28 in order to supplement this Regulation by laying down work programmes as referred to in Article 110 of the Financial Regulation for the thematic facility identifying the objectives and actions to be supported and specifying the amounts for each of its components as referred to paragraph 1. Financing decisions Before the adoption of a work programme, the Commission shall consult relevant stakeholders, including civil society organisations. Work programmes shall set out, where applicable, the overall amount reserved for blending operations. To ensure a timely availability of resources, the Commission may separately adopt a work programme for emergency assistance. [Am. 71]
6. Following the adopting adoption of the financing decision work programme as referred to in paragraph 5 , the Commission may amend the programmes implemented under shared management accordingly. [Am. 72]
7. These financing decisions work programmes may be annual or multiannual and may cover one or more components of the thematic facility. [Am. 73]
SECTION 2
SUPPORT AND IMPLEMENTATION UNDER SHARED MANAGEMENT
Article 9
Scope
1. This section applies to the part of the financial envelope referred to in Article 7(2)(a) and the additional resources to the implemented under shared management according to the Commission decision for the thematic facility referred to in Article 8.
2. Support under this section shall be implemented under shared management in accordance with Article 63 of the Financial Regulation and the Regulation (EU) No [CPR].
Article 10
Budgetary resources
1. Resources referred to in Article 7(2)(a) shall be allocated to the national programmes implemented by Member States under shared management (‘the programmes’) indicatively as follows:
|
(a) |
EUR 1 250 000 000 to the Member States in accordance with the criteria in Annex I; |
|
(b) |
EUR 250 000 000 to the Member States for the adjustment of the allocations for the programmes as referred to in Article 13(1). |
2. Where the amount referred to in paragraph 1(b) is not allocated, the remaining amount may be added to the amount referred to in Article 7(2)(b).
Article 11
Co-financing rates
1. The contribution from the Union budget shall not exceed 75 % of the total eligible expenditure of a project.
2. The contribution from the Union budget may be increased to 90 % of the total eligible expenditure for projects implemented under specific actions.
3. The contribution from the Union budget may be increased to 90 % of the total eligible expenditure for actions listed in Annex IV.
4. The contribution from the Union budget may be increased to 100 % of the total eligible expenditure for operating support.
5. The contribution from the Union budget may be increased to 100 % of the total eligible expenditure for emergency assistance.
5a. The contribution from the Union budget may be increased to 100 % of the total eligible expenditure for technical assistance at the initiative of the Member States. [Am. 74]
6. The Commission decision approving a programme shall set the co-financing rate and the maximum amount of support from this Fund for the types of actions referred to in paragraphs 1 to 5.
7. For each specific objective, the Commission decision shall set out whether the co-financing rate for the specific objective is to be applied to:
|
(a) |
the total contribution, including the public and private contributions; or |
|
(b) |
the public contribution only. |
Article 12
Programmes
1. Each Member State and the Commission shall ensure that the priorities addressed in its the national programmes are consistent with and respond to Union priorities and challenges in the area of security and are fully in line with the relevant Union acquis and agreed Union priorities. In defining these priorities of their programmes, Member States shall ensure that the implementing measures as set out in Annex II Article 3a are adequately addressed in the programme. [Am. 75]
1a. When assessing the national programs of the Member States, the Commission shall ensure that the planned actions are not affected by a reasoned opinion that it has delivered concerning an infringement under Article 258 TFEU relating to the legality and regularity of expenditure or the execution of projects. [Am. 76]
1b. Member States shall allocate the resources for their national programmes as follows:
|
(a) |
a minimum of 10 % to the specific objective referred to in point (a) of Article 3(2); |
|
(b) |
a minimum of 10 % to the specific objective referred to in point (b) of Article 3(2); |
|
(c) |
a minimum of 30 % of the to the specific objective referred to in point (c) of Article 3(2); |
|
(d) |
a minimum of 5 % to the specific objective referred to in point (ca) of Article 3(2)(ca). [Am. 77] |
1c. Member States wishing to derogate from paragraph 1b shall inform the Commission accordingly and shall assess, together with the Commission, whether those minimum percentages should be amended because of particular circumstances affecting internal security. Any such amendments shall be approved by the Commission. [Am. 78]
2. The Commission shall ensure that the Union Agency for Law Enforcement Cooperation (Europol), the European Union Agency for Law Enforcement Training (CEPOL) , the European Union Agency for Criminal Justice Cooperation (Eurojust), the European Public Prosecutor's Office (EPPO), the European Union Network and Information Security Agency (ENISA), the European Agency for the operational management of large-scale IT Systems (eu-LISA), the European Border and Cost Guard Agency (EBCGA), the European Union Agency for Fundamental Rights (FRA) and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) are associated to the involved in the programme development of the programmes at an early stage from the outset , as regards the areas of their competence. Specifically, Member States shall consult Europol on the design of their actions in particular when including EU policy cycle or EMPACT actions or actions coordinated by the Joint Cybercrime Action Taskforce (J-CAT) in their programmes. Prior to including training in their programmes, Member States shall coordinate with CEPOL in order to avoid overlaps. Members States shall also consult other relevant stakeholders, including civil society organisations, on the planning of their actions. [Am. 79]
3. The Commission may associate the Union Agency for Law Enforcement Cooperation (Europol) Agencies referred to in paragraph 2 , the European Union Agency for Law Enforcement Training (CEPOL) Data Protection Board and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA Data Protection Supervisor (EDPS ) where appropriate in the monitoring and evaluation tasks as specified in Section 5 in particular in view of ensuring that the actions implemented with the support of the Fund , which fall within their mandate, are compliant with the relevant Union acquis and agreed Union priorities. [Am. 80]
4. A maximum of 15 % of the allocation of a Member State programme may be used for the purchase of equipment, means of transport or the construction of security-relevant facilities. This ceiling may only be exceeded only in duly justified cases and following approval by the Commission . [Am. 81]
5. In their programmes, Member States shall give priority to addressing:
|
(a) |
Union priorities and acquis in the area of security in particular the coordination and cooperation between law enforcement authorities and the efficient exchange of relevant and accurate information exchange and the implementation of the components of the framework for interoperability of IT EU information systems; [Am. 82] |
|
(b) |
recommendations with financial implications made in the framework of Regulation (EU) No 1053/2013 on the Schengen evaluation and monitoring mechanism in the area of police cooperation; |
|
(c) |
country-specific deficiencies with financial implications identified in the framework of needs assessments such as European Semester recommendations in the area of corruption. |
6. Where necessary, the programme shall be amended to take into account the recommendations referred to in paragraph 5 and the progress in achieving the milestones and targets as assessed in the annual performance reports as referred to in Article 26(2)(a) . Depending on the impact of the adjustment, the revised programme may shall be approved by the Commission in line with the procedure set out in Article 19 of Regulation (EU) No X [CPR] . [Am. 83]
7. Member States shall pursue in particular the actions listed in Annex IV. In the event of unforeseen or new circumstances or to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 28 to amend Annex IV.
8. Whenever a Member State decides to implement projects with in or in relation to a third country as referred to in Article 5 , with the support of the Fund, the Member State concerned shall consult the Commission prior to the start of the project. The Commission shall assess the complementarity and coherence of the projects envisaged with the other actions of the Union and the Member States, in relation to the third country concerned. The Commission shall also check the conformity of the proposed projects with the fundamental rights requirements referred to in Article 3(4). [Am. 84]
9. Programming as referred to In accordance with Article 17(5) 17 of Regulation (EU) No [CPR] X [CPR], each programme shall be based on set out for each specific objective the types of intervention set out in accordance with Table 1 of Annex VI and an indicative breakdown of the programmed resources by type of intervention or area of support . [Am. 85]
Article 13
Mid-term review
1. In 2024 , after informing the European Parliament , the Commission shall allocate to the programmes of the Member States concerned the additional amount referred to in Article 10(1)(b) in accordance with the criteria referred to in paragraph 2 of Annex I. Funding shall be effective for the period as of the calendar year 2025. [Am. 86]
2. If at least 10 30 % of the initial allocation of a programme referred to in Article 10(1)(a) has not been covered by interim payment applications submitted in accordance with Article 85 of Regulation (EU) No X [CPR], the Member State concerned shall not be eligible to receive the additional allocation for the programme referred to in paragraph 1. [Am. 87]
2a. Paragraph 2 shall apply only if the relevant regulatory framework and related acts are in force on 1 January 2022. [Am. 160]
3. The allocation of the funds from the thematic facility as from 2025 shall, where appropriate, take into account the progress made in achieving the milestones of the performance framework as referred to in Article 12 of Regulation (EU) No X [CPR] and identified implementation shortcomings. [Am. 88]
Article 14
Specific actions
1. Specific actions are transnational or national projects in line with the objectives of this Regulation for which one, several or all Member States may receive an additional allocation to their programmes.
2. Member States may, in addition to their allocation calculated in accordance with Article 10(1), receive funding for specific actions, provided that it is earmarked as such in the programme and is used to contribute to the implementation of the objectives of this Regulation, including covering newly emerging threats.
3. The funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme.
Article 15
Operating support
1. Operating support is a part of a Member State’s allocation which may be used as support to the public authorities responsible for accomplishing the tasks and services which constitute a public service for the Union insofar as they contribute to ensuring a high level of security in the Union as a whole . [Am. 89]
2. A Member State may use up to 10 20 % of the amount allocated under the Fund to its programme to finance operating support for the public authorities responsible for accomplishing the tasks and services which constitute a public service for the Union. [Am. 90]
3. A Member State using operating support shall comply with the Union acquis on security.
4. Member States shall justify in the programme and in the annual performance reports, as referred to in Article 26, the use of operating support to achieve the objectives of this Regulation. Before the approval of the programme, the Commission shall assess the baseline situation in the Member States which have indicated their intention to request operating support, taking into account the information provided by those Member States as well as recommendations from quality control and evaluation mechanisms such as the Schengen evaluation mechanism , the vulnerability and risk assessment by the European Border and Cost Guard Agency (EBCGA) and other quality control and evaluation mechanisms , as applicable . [Am. 91]
5. Operating support shall be concentrated on specific tasks and services actions as laid down in Annex VII. [Am. 92]
6. To address unforeseen or new circumstances or to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 28 to amend the specific tasks and services in Annex VII.
Article 15a
Visibility, transparency and communication
The recipients of Union financing shall comply fully with the visibility, transparency and communication requirements set out in Regulation (EU) No X [CPR]. [Am. 93]
Section 3
Support and implementation under direct and indirect management
Article 16
Scope
Support under this section shall be implemented either directly by the Commission in accordance with point (a) of Article 62(1) of the Financial Regulation or indirectly in accordance with point (c) of that Article.
Article 17
Union actions
1. Union actions are transnational project or projects of particular interest to the Union, in line with the objectives of this Regulation.
2. At the Commission’s initiative, the Fund may be used to finance Union actions concerning the objectives of this Regulation as referred to in Article 3 and in accordance with Annex III.
3. Union actions may provide funding in any of the forms laid down in the Financial Regulation, in particular grants, prizes and procurement. It may also provide financing in the form or financial instruments within blending operations.
3a. Decentralised agencies may also be eligible for funding available within the framework of Union actions in order to support transnational actions with European added value. [Am. 94]
4. Grants implemented under direct management shall be awarded and managed in accordance with Title VIII of the Financial Regulation.
5. The evaluation committee, assessing the proposals, may be composed of external experts.
6. Contributions to a mutual insurance mechanism may cover the risk associated with the recovery of funds due by recipients and shall be considered a sufficient guarantee under the Financial Regulation. The provisions laid down in [Article X of] Regulation X [successor of the Regulation on the Guarantee Fund] shall apply.
Article 18
Blending operations
Blending operation decided under this Fund shall be implemented in accordance with the InvestEU Regulation (29) and Title X of the Financial Regulation.
Article 19
Technical assistance at the initiative of the Commission
The Fund may support technical assistance measures implemented at the initiative of, or on behalf of, the Commission. Those measures , namely preparatory, monitoring, control, audit, evaluation, communication, including corporate communication on the political priorities of the Union in the area of security, visibility and all administrative and technical assistance actions necessary for the implementation of this Regulation and, where appropriate, with third countries, may be financed at the rate of 100 %. [Am. 95]
Article 20
Audits
Audits on the use of Union contribution carried out by persons or entities, including by other than those mandated by the Union institutions or bodies, shall form the basis of the overall assurance pursuant to Article 127 of the Regulation (EU) No [Regulation on the financial rules applicable to the general budget of the Union].
Article 21
Information, communication and publicity
1. The recipient of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting promote the actions and their results by providing coherent, effective and proportionate targeted meaningful information to multiple relevant audiences, including media and the public in the relevant language . To ensure the visibility of Union funding, recipients of Union funding shall make reference to its origin when communicating the action. To that end, recipients shall ensure that any communication to the media and the general public displays the Union’s emblem and mentions explicitly the Union’s financial support . [Am. 96]
2. To reach the widest possible audience, the Commission shall implement information and communication actions relating to the Fund and its actions and results. In particular, the Commission shall publish information concerning the development of the annual and multiannual programmes of the thematic facility. The Commission shall also publish the list of operations selected for support under the thematic facility on a publicly available website and shall update that list regularly. Financial resources allocated to the Fund shall also contribute to the communication, notably corporate communication of the political priorities of the Union, as far as they are related to the objectives of this Regulation. [Am. 97]
2a. The Commission shall publish the information referred to in paragraph 2 in open, machine readable formats that allow data to be sorted, searched, extracted, compared and reused, as set out in Article 5(1) of Directive 2003/98/EC of the European Parliament and of the Council (30) . It shall be possible to sort the data by priority, specific objective, total eligible cost of operations, total cost of projects, total cost of procurement procedures, name of beneficiary and name of contractor. [Am. 98]
Section 4
Support and implementation under shared, direct and indirect management
Article 22
Emergency assistance
1. The Fund shall The Commission may decide to provide financial assistance from the Fund to address urgent and specific needs in the event of an a duly justified emergency situation resulting . Those situations can result from a security-related incident or, newly emerging threat or newly detected vulnerability within the scope of this Regulation which has or may have a significant adverse impact on the security of people , public spaces or critical infrastructure in one or more Member States; . In such cases, it shall inform the European Parliament and the Council in a timely manner. [Am. 99]
2. Emergency assistance may take the form of grants awarded directly to the decentralised agencies.
3. Emergency assistance may be allocated to Member States’ programmes in addition to their allocation calculated in accordance with Article 10(1), provided that it is earmarked as such in the programme. This funding shall not be used for other actions in the programme except in duly justified circumstances and as approved by the Commission through the amendment of the programme.
4. Grants implemented under direct management shall be awarded and managed in accordance with Title VIII of the Financial Regulation.
4a. Where necessary for the implementation of the action, emergency assistance may cover expenditure that was incurred prior to the date of submission of the grant application or the request for assistance, but not prior to 1 January 2021. [Am. 100]
Article 23
Cumulative, complementary and combined funding
1. An action operation that has received a contribution under the Fund may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs. The rules of each contributing Union programme shall apply to its respective contribution to the action. The cumulative funding shall not exceed the total eligible costs of the action operation and the support from the different Union programmes may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support. [Am. 101]
2. Actions Operations awarded a seal of Excellence certification, or which comply with the following cumulative comparable conditions: [Am. 102]
|
(a) |
they have been assessed in a call for proposals under the Fund; |
|
(b) |
they comply with the minimum quality requirements of that call for proposals; |
|
(c) |
they may not be financed under that call for proposals due to budgetary constraints. |
may receive support from the European Regional Development Fund, the Cohesion Fund, the European Social Fund+ or the European Agricultural Fund for Rural Development, in accordance with paragraph 5 of Article 67 of Regulation (EU) X [CPR] and Article 8 or Regulation (EU) X [Financing, management and monitoring of the Common Agricultural Policy], provided that such actions operations are consistent with the objectives of the programme concerned. The rules of the Fund providing support shall apply. [Am. 103]
Section 5
Monitoring, reporting and evaluation
Sub-section 1
Common provisions
Article 24
Monitoring and reporting
1. In compliance with its reporting requirements pursuant to Article 43(3)(h)(i)(iii) of the Financial Regulation, the Commission shall present to the European Parliament and the Council information on performance in accordance with Annex V.
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 28 to amend Annex V in order to make the necessary adjustments to the information on performance to be provided to the European Parliament and the Council.
3. The indicators to report on progress of the Fund, towards the achievement of the specific objectives set out in Article 3, are set out in Annex VIII. For output indicators, baselines shall be set at zero. The milestones set for 2024 and targets set for 2029 shall be cumulative. Upon request, the Commission shall make the data on the output and result indicators it has received available to the European Parliament and to the Council. [Am. 104]
4. The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and where relevant Member States.
5. In order to ensure effective assessment of the progress of the Fund towards the achievement of its objectives, the Commission shall be empowered to adopt delegated acts in accordance with Article 28 to amend Annex VIII to review and complement the indicators where necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework, including for project information to be provided by the Member States. Qualitative indicators shall be included for the assessment. [Am. 105]
Article 25
Evaluation
1. By 31 December 2024, the Commission shall carry out a mid-term and a retrospective present a mid-term evaluation of this Regulation, including the . The mid-term evaluation shall examine the effectiveness, efficiency, relevance and coherence of the Fund. More specifically, it shall include an assessment of:
|
(a) |
the progress made towards the achievement of the objectives of this Regulation, taking into account all relevant information already available, in particular the annual performance reports referred to in Article 26 and the output and result indicators set out in Annex VIII; |
|
(b) |
the European added value of actions and operations implemented under this Fund actions implemented under this Fund.; |
|
(c) |
the appropriateness of the implementation measures set out in Article 3 a to address existing and emerging security challenges; |
|
(d) |
the longer-term impacts and the sustainability effects of the Fund; |
|
(e) |
the complementarity and coherence between the actions supported under this Fund and support provided by other Union funds. |
That compulsory midterm evaluation shall take into account retrospective evaluation results on the long-term impact of the previous instrument for financial support for internal security for the period 2014-2020, the Internal Security Fund-Police. The evaluation shall, as appropriate, be accompanied by a legislative proposal for the revision of this Regulation. [Am. 106]
1a. By 31 January 2030, the Commission shall carry out a retrospective evaluation of this Regulation. By the same date, the Commission shall submit an evaluation report to the European Parliament and to the Council, which includes the elements listed in paragraph 1. In that regard, the longer-term impacts of the instrument shall be evaluated with a view to feeding into a decision on a possible renewal or modification of a subsequent fund. [Am. 107]
2. The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process in accordance with the timeline set out Article 40 of Regulation (EU) No [CPR] made publicly available and submitted to the Parliament without delay to ensure full transparency. The Commission shall ensure that the evaluations do not include information the dissemination of which may create a risk for the safety or privacy of individuals or jeopardise security operations . [Am. 108]
Sub-section 2
Rules for shared management
Article 26
Annual performance reports
1. By 15 February 2023 and by the same date of each subsequent year up to and including 2031, Member States shall submit to the Commission the annual performance report as referred to in Article 36(6) of Regulation (EU) No [CPR]. The report submitted in 2023 shall cover the implementation of the programme until 30 June 2022. Member States shall publish those reports on a dedicated website and forward them to the European Parliament and the Council. [Am. 109]
2. The annual performance report shall in particular include information on:
|
(a) |
the progress in the implementation of the programme and in achieving the milestones and targets, taking into account the latest data as required by Article 37 of Regulation (EU) No [CPR]; |
|
(aa) |
a breakdown of the annual accounts of the national programme into recoveries, pre-financing to final beneficiaries and expenditure actually incurred; [Am. 110] |
|
(b) |
any issues affecting the performance of the programme and the actions taken to address them , including reasoned opinions issued by the Commission in respect of an infringement procedure under Article 258 ; [Am. 111] |
|
(c) |
the complementarity , coordination and coherence between the actions supported by the Fund and support provided by other Union funds, in particular those in or in relation to third countries; [Am. 112] |
|
(d) |
the contribution of the programme to the implementation of the relevant Union acquis and action plans; |
|
(da) |
compliance with fundamental rights requirements; [Am. 113] |
|
(e) |
the implementation of communication and visibility actions; |
|
(f) |
the fulfilment of the enabling conditions and their application throughout the programming period. |
3. The Commission may make observations on the annual performance report within two months of the date of its receipt. Where the Commission does not provide observations within that deadline, the report shall be deemed to have been accepted.
3a. Once accepted, the Commission shall make summaries of the annual performance reports available to the European Parliament and the Council and shall publish them on a dedicated website. If not forwarded by the Member States in accordance with paragraph 1, the full text of the annual performance reports shall be made available to the European Parliament and to the Council upon request. [Am. 114]
4. In order to ensure uniform conditions for the implementation of this Article, the Commission shall adopt an implementing act establishing the template for the annual performance report. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 29(2).
Article 27
Monitoring and reporting
1. Monitoring and reporting, in accordance with Title IV of Regulation (EU) No [CPR], shall be based on types of intervention set out in Tables 1, 2 and 3 of Annex VI. To address unforeseen or new circumstances or to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts to amend Annex VI in accordance with Article 28.
2. The indicators shall be used in accordance with Articles 12(1), 17 and 37 of Regulation (EU) No [CPR].
CHAPTER III
TRANSITIONAL AND FINAL PROVISIONS
Article 28
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Articles 8, 12, 15, 24 and 27 shall be conferred on the Commission until 31 December 2028. [Am. 115]
3. The European Parliament or the Council may revoke the delegation of powers referred to in Articles 8, 12, 15, 24 and 27 at any time. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 116]
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council thereof.
6. A delegated act adopted pursuant to Articles 8, 12, 15, 24 and 27 shall enter into force only if neither the European Parliament nor the Council has expressed an objection within two months of being notified of it or if, before the expiry of that period, they have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. [Am. 117]
Article 29
Committee procedure
1. The Commission shall be assisted by a Coordination Committee for the Asylum and Migration Fund, the Internal Security Fund and the Instrument for Border Management and Visa. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
3. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act. This shall not apply to the implementing act referred to in Article 26(4).
Article 30
Transitional provisions
1. Regulation (EU) No 513/2014 is repealed with effect from 1 January 2021.
2. Without prejudice to paragraph 1, this Regulation shall not affect the continuation or modification of the actions concerned, until their closure, under the Police Instrument of the Internal Security Fund, which shall continue to apply to those actions concerned until their closure.
3. The financial envelope for the Fund may also cover technical and administrative assistance expenses necessary to ensure the transition between the Fund and the measures adopted under its predecessor, the Police Instrument of the Internal Security Fund established by Regulation (EU) No 513/2014.
Article 31
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2021.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Done at …,
For the European Parliament
The President
For the Council
The President
(1) Position of the European Parliament of 13 March 2019.
(2) COM(2015)0185 of 28 April 2015.
(3) Council Conclusions of 16 June 2015 on the renewed European Union Internal Security Strategy 2015-2020.
(4) European Parliament resolution of 9 July 2015 on the European Agenda on Security (2015/2697(RSP)).
(5) COM(2017)0794.
(6) Regulation (EU) No 513/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime, and crisis management and repealing Council Decision 2007/125/JHA (OJ L 150, 20.5.2014, p. 93).
(7) Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, p. 27).
(8) Proposal for a regulation of the European Parliament and of the Council on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States (COM(2018)0324).
(9) OJ C 373, 20.12.2013, p. 1.
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.C_.2013.373.01.0001.01.ENG&toc=OJ:C:2013:373:TOC
(10) Full reference
(11) Full reference Regulation of the European Parliament and of the Council of … /… laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument (COM(2018)0375).
(12) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
(13) Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).
(14) Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
(15) Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
(16) Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
(17) Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (Overseas Association Decision) (OJ L 344, 19.12.2013, p. 1).
(18) COM(2017)0623.
(19) Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 (OJ L 123, 12.5.2016, p. 1).
(20) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(21) Council Regulation (EU, Euratom) No XXX.
(22) Council Decision 2009/902/JHA of 30 November 2009 setting up a European Crime Prevention Network (EUCPN) and repealing Decision 2001/427/JHA (OJ L 321, 8.12.2009, p. 44).
(23) Conclusions of the Council of Justice and Home Affairs Ministers, 8 and 9 November 2010.
(24) COM(2013)0172 establishing a European Law Enforcement Training Scheme (LETS).
(25) Regulation (EU) 2015/2219 of 25 November 2015 on the European Union Agency for Law Enforcement Training (CEPOL) and replacing and repealing Council Decision 2005/681/JHA, (OJ L 319, 4.12.2015, p. 1).
(26) Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).
(27) Directive (EU) 2017/541 of the European Parliament and of the Council 0f 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
(28) ‘Flash money’ is genuine cash which is shown (exhibited) during a criminal investigation as proof of liquidity and solvency to the suspects or other persons who have information about availability or delivery or who act as intermediaries, in order to carry out a fictitious purchase aimed at arresting suspects, identifying illegal production sites or otherwise dismantling an organised crime group.
(29) Full reference.
(30) Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ L 345, 31.12.2003, p. 90).
ANNEX I
Criteria for the allocation of funding to the programmes under shared management
The financial envelope referred to in Article 10 shall be allocated to the Member States programmes as follows:
|
(1) |
a one-time fixed amount of EUR 5 000 000 will be allocated to each Member State at the start of the programming period to ensure a critical mass for each programme and to cover needs that would not be directly expressed through the criteria indicated below; |
|
(2) |
the remaining resources will be distributed according to the following criteria:
|
The initial allocation shall be based on the latest annual statistical data produced by the Commission (Eurostat) covering the preceding calendar year. For the mid-term review, the reference figures shall be the latest annual statistical data produced by the Commission (Eurostat) covering the preceding calendar year available at the time of the mid-term review in 2024.
ANNEX II
Implementation measures
The Fund shall contribute to the specific objective set out in Article 3(2)(a) by focusing on the following implementation measures:
|
(a) |
to ensure the uniform application of the Union acquis on security supporting information exchange for example via Prüm, EU PNR and SIS II, including through the implementation of recommendations from quality control and evaluation mechanisms such as the Schengen evaluation mechanism and other quality control and evaluation mechanisms; |
|
(b) |
to set up, adapt and maintain security relevant Union IT systems and communication networks, including their interoperability, and to develop appropriate tools to address identified gaps; |
|
(c) |
to increase the active use of Union security relevant information exchange tools, systems and databases ensuring that these are fed with high quality data; |
|
(d) |
to support relevant national measures if relevant to implement the specific objectives set out in Article 3(2)(a). |
The Fund shall contribute to the specific objective set out in Article 3(2)(b), by focusing on the following implementation measures:
|
(a) |
to increase law enforcement operations between Member States, including when appropriate with other relevant actors, in particular to facilitate and improve the use of joint investigation teams, joint patrols, hot pursuits, discreet surveillance and other operational cooperation mechanisms in the context of the EU Policy Cycle (EMPACT), with special emphasis on cross-border operations; |
|
(b) |
to increase coordination and cooperation of law enforcement and other competent authorities within and between Member States and with other relevant actors, for example through networks of specialised national units, Union networks and cooperation structures, Union centres; |
|
(c) |
to improve inter-agency cooperation and at Union level between the Member States, or between Member States, on the one hand, and the relevant Union bodies, offices and agencies on the other hand as well as at national level among the national authorities in each Member State. |
The Fund shall contribute to the specific objective set out in Article 3(2)(c), by focusing on the following implementation measures:
|
(a) |
to increase law enforcement training, exercises, mutual learning, specialised exchange programmes and sharing of best practice including in and with third countries and other relevant actors; |
|
(b) |
to exploit synergies by pooling resources and knowledge among Member States and other relevant actors, including civil society through, for instance, the creation of joint centres of excellence, the development of joint risk assessments, or common operational support centres for jointly conducted operations; |
|
(c) |
to promote and develop measures, safeguards, mechanisms and best practices for the early identification, protection and support of witnesses, whistle-blowers and victims of crime and to develop partnerships between public authorities and other relevant actors to this effect; |
|
(d) |
to acquire relevant equipment and to set up or upgrade specialised training facilities and other essential security relevant infrastructure to increase preparedness, resilience, public awareness and adequate response to security threats. [Am. 119] |
ANNEX III
Examples of eligible actions to be supported by the Fund in-line with Article 4. [Am. 120]
Support from the Internal Security Fund may, inter alia, be targeted towards the following types of actions: [Am. 121]
|
— |
setting up of IT systems and networks contributing to the achievement of the objectives of this Regulation, training on the use of such systems, testing and improving the interoperability components and data quality of such systems; [Am. 122] |
|
— |
monitoring of the implementation of Union law and Union policy objectives in the Member States in the area of security information systems , in particular data protection, privacy and data security ; [Am. 123] |
|
— |
EMPACT actions implementing or facilitating the implementation of the EU Policy Cycle; |
|
— |
support of decentralised agencies with a view to facilitate the cooperation during cross-border operations; [Am. 124] |
|
— |
actions supporting an effective and coordinated response to crisis linking up existing sector-specific capabilities, expertise centres and situation awareness centres, including those for health, civil protection, and terrorism and cybercrime ; [Am. 125] |
|
— |
actions developing innovative methods or deploying new technologies with a potential for transferability to other Member States, especially projects aiming at testing and validating the outcome of Union-funded security research projects; |
|
— |
actions that promote research and exchange of expertise improving resilience to emerging threats including trafficking via online channels, hybrid threats and chemical, biological, radiological and nuclear threats. [Am. 126] |
|
— |
actions and networks of national contact points that facilitate the cross-border exchange of data acquired by surveillance systems, such as cameras and other sensors, combined with artificial intelligence algorithms, subject to robust safeguards, including data minimisation, prior validation by a judicial authority, and access to judicial redress; [Am. 127] |
|
— |
support to thematic or cross-theme networks of specialised national units to improve mutual confidence, exchange and dissemination of know-how, information, experiences and best practices, pooling of resources and expertise in joint centres of excellence; |
|
— |
support for initiatives to network the intelligence services of the Member States to foster a common intelligence culture, improve mutual trust, exchange and dissemination of know-how, information, experience and good practice; [Am. 128] |
|
— |
education and training of staff and experts of relevant law-enforcement and judicial authorities and administrative agencies taking into account operational needs and risk analyses, based on the LETS and in cooperation with CEPOL and, when applicable, the European Judicial Training Network; |
|
— |
education and training of staff and experts of relevant law-enforcement and judicial authorities and administrative agencies in prevention policies with special emphasis on fundamental rights training, including measures to detect and avoid racism, and exchange of best practices; [Am. 129] |
|
— |
cooperation with the private sector , in particular in the field of cybersecurity, in order to build trust and improve coordination, contingency planning and the exchange and dissemination of information and best practices among public and private actors including in the protection of public spaces and critical infrastructure; [Am. 130] |
|
— |
actions empowering communities to develop local approaches and prevention policies, and awareness-raising and communication activities among stakeholders and the general public on Union security policies; |
|
— |
equipment, means of transport, communication systems and essential security-relevant facilities; |
|
— |
cost of staff involved in the actions that are supported by the Fund or actions requiring involvement of staff for technical or security-related reasons. |
ANNEX IV
Actions eligible for higher co-financing in-line with Articles 11(2) and 12(6) 11(3) and 12(7) [Am. 131]
|
— |
Projects which aim to prevent and counter violent extremism, including radicalisation , intolerance and discrimination, in particular measures to address their root causes and to prevent radicalisation in prisons, and projects providing specific training for law-enforcement authorities . [Am. 132] |
|
— |
Projects which aim at improving the interoperability of IT systems and communication networks , insofar as provided for by Union or Member State law . (1) [Am. 133] |
|
— |
Projects which aim to fight organised crime structures that are particularly dangerous according to EMPACT. [Am. 134] |
|
— |
Projects which aim to prevent and fight cybercrime, in particular child sexual exploitation online, including measures to prevent attacks against information systems and critical infrastructure by detecting and closing vulnerabilities. [Am. 135] |
|
— |
Projects which aim to fight against trafficking via online channels. [Am. 136] |
(1) In line with the Commission Communication on stronger and smarter information systems for borders and security COM(2016)0205.
ANNEX V
Core performance indicators referred to in Article 24(1)
Specific Objective 1: Better information exchange
|
(1) |
Use of EU information exchange mechanisms,. data source: Europol, EU-LISA, Council, Member States |
Specific Objective 2: Increased operational cooperation
|
(1) |
Number of joint operational actions supported by the Fund. data source: Europol, Eurojust, Member States |
|
(2) |
The estimated value of assets frozen, estimated value of assets confiscated with the help of the Fund. data source: Member States |
|
(3) |
Value of seizures of illicit drug seizures drugs, weapons, wildlife products and trafficking of cultural goods achieved with involvement of cross-border cooperation between law enforcement agencies implemented with the support of the Fund . [Am. 137] data source: Member States, Union action grant beneficiaries |
|
(4) |
Number of Schengen Evaluation Recommendations with a financial implication in the area of security addressed with the support of the Fund, as compared to the total number of recommendations with a financial implication in the area of security. data source: Member States |
Specific Objective 3: Strengthened capabilities to combat and to prevent crime
|
(5) |
Number of law enforcement officials that completed training, exercises, mutual learning or specialised exchange programmes on cross-border related topics provided with the support of the Fund. data source: Member States |
|
(6) |
Number of public spaces and scale of critical infrastructures and public spaces of which the protection against security-related incidents has been improved with the help of the Fund. [Am. 138] data source: Member States |
|
(7) |
Number of initiatives to prevent radicalisation leading to violent extremism. data source: RAN |
ANNEX VI
Types of intervention
TABLE 1: CODES FOR THE INTERVENTION FIELD DIMENSION
|
1 |
TER-Countering Terrorist Financing |
|
2 |
TER-Prevention and countering of radicalisation |
|
3 |
TER-Protection and resilience of public spaces and other soft targets |
|
4 |
TER- Protection and resilience of critical infrastructure |
|
5 |
TER-Chemical Biological Radioactive Nuclear |
|
6 |
TER-Explosives |
|
7 |
TER-Crisis Management |
|
8 |
TER-Other |
|
9 |
OC-Corruption |
|
10 |
OC-Economic and Financial Crime |
|
10a |
OC — Laundering of the proceeds of crime [Am. 139] |
|
11 |
OC-Drugs |
|
12 |
OC-Firearms trafficking |
|
12a |
Trafficking of cultural objects [Am. 140] |
|
12b |
Trafficking of endangered species [Am. 141] |
|
13 |
OC-Trafficking in Human Beings |
|
14 |
OC-Migrant Smuggling |
|
15 |
OC-Environmental Crime |
|
16 |
OC-Organised Property Crime |
|
17 |
OC-Other |
|
18 |
CC-Cybercrime — Other |
|
19 |
CC-Cybercrime — Prevention |
|
20 |
CC-Cybercrime — Facilitating investigations |
|
21 |
CC-Cybercrime — Victims assistance |
|
22 |
CC-Child Sexual Exploitation — Prevention |
|
23 |
CC-Child Sexual Exploitation — Facilitating investigations |
|
24 |
CC-Child Sexual Exploitation — Victims assistance |
|
24a |
CC — Distribution of child abuse images and child pornography [Am. 142] |
|
25 |
CC- Child Sexual Exploitation — Other |
|
26 |
CC-Other |
|
27 |
GEN-Information exchange |
|
28 |
GEN-Police or interagency cooperation (customs, border guards, intelligence services) |
|
29 |
GEN-Forensics |
|
30 |
GEN-Victim support |
|
31 |
GEN-Operating support |
|
32 |
TA-Technical assistance — information and communication |
|
33 |
TA-Technical assistance — preparation, implementation, monitoring and control |
|
34 |
TA-Technical assistance — evaluation and studies, data collection |
|
35 |
TA-Technical assistance — capacity building |
TABLE 2: CODES FOR THE TYPE OF ACTION DIMENSION
|
1 |
IT-systems, interoperability, data quality, communication systems (excluding equipment) |
|
2 |
Networks, centres of excellence, cooperation structures, joint actions and operations |
|
3 |
Joint Investigation Teams (JITs) or other joint operations |
|
4 |
Secondment or deployment of experts |
|
5 |
Training |
|
6 |
Exchange of best practices, workshops, conferences, events, awareness raising campaigns, communication activities |
|
7 |
Studies, pilot projects, risk assessments |
|
8 |
Equipment (included in calculation of 15 % cap) |
|
9 |
Means of transport (included in calculation of 15 % cap) |
|
10 |
Buildings, facilities (included in calculation of 15 % cap) |
|
11 |
Deployment or other follow-up of research projects |
TABLE 3: CODES FOR THE IMPLEMENTATION MODALITIES DIMENSION
|
1 |
Cooperation with third countries |
|
2 |
Actions in third countries |
|
3 |
Implementation of Schengen evaluation recommendations in the area of police cooperation |
|
4 |
Specific Actions (not known at programming stage) |
|
5 |
Emergency Assistance (not known at programming stage) |
|
6 |
Actions listed in Annex IV |
ANNEX VII
Eligible actions for operating support
Within specific objective better information exchange, operating support within the programmes shall cover:
|
— |
maintenance and helpdesk of Union and where relevant national IT systems contributing to the achievement of the objectives of this Regulation. |
|
— |
staff costs contributing to the achievement of the objectives of this Regulation |
Within specific objective increased operational cooperation, operating support within the national programmes shall cover:
|
— |
maintenance of technical equipment or means of transport used for actions in the area of prevention, detection and investigation of serious and organised crime with a cross-border dimension. |
|
— |
staff costs contributing to the achievement of the objectives of this Regulation |
Within specific objective strengthened capabilities to prevent and to combat crime, operating support within the national programmes shall cover:
|
— |
maintenance of technical equipment or means of transport used for actions in the area of prevention, detection and investigation of serious and organised crime with a cross-border dimension. |
|
— |
staff costs contributing to the achievement of the objectives of this Regulation |
Actions which are not eligible under Article 4(3) shall not be covered.
ANNEX VIII
Output and result indicators referred to in Article 24(3)
Specific Objective 1: Better information exchange
|
(1) |
Use of EU information exchange mechanisms measured through the:
data source: Europol, EU-LISA, Council, Member States |
|
(2) |
Number of new connections between of competent authorities to security-relevant databases made with support of the Fund: [Am. 145]
data source: Member States |
|
(3) |
Number of active users of EU and where relevant national security relevant information exchange tools, systems and databases added with support from the Fund, as compared to number of total users. data source: Member States |
Specific Objective 2: Increased operational cooperation
|
(4) |
Number of joint operational actions supported by the Fund, including the participating Member States and authorities and broken down by area (counter-terrorism, organised crime general, organised crime firearms, cybercrime, other):
data source: Europol, Eurojust, Member States |
|
(5) |
Participation in transnational networks operating with support of the Fund. data source: Member States, Union action or EMAS grant beneficiaries |
|
(6) |
The estimated value of assets frozen, estimated value of assets confiscated with the help of the Fund. data source: Member States |
|
(7) |
Value of seizures of illicit drug seizures drugs, weapons, wildlife products and trafficking of cultural goods achieved with involvement of cross-border cooperation between law enforcement agencies. [Am. 146] data source: Europol, Member States, Union action grant beneficiaries [Am. 147] |
|
(8) |
Number of outputs of existing transnational networks generated with the help of the Fund, such as for example manuals on best practices, workshops, common exercises. data source: Union action grant beneficiaries |
|
(9) |
Number of Schengen Evaluation Recommendations with a financial implication in the area of security addressed with the support of the Fund, as compared to the total number of recommendations with a financial implication in the area of security. data source: Member States |
Specific Objective 3: Strengthened capabilities to combat and to prevent crime
|
(10) |
Number of law enforcement officials that completed training, exercises, mutual learning or specialised exchange programmes on cross-border related topics provided with the support of the Fund, broken down by the following areas:
data source: Member States , Europol, ENISA [Am. 148] |
|
(11) |
Number of manuals on best practices and investigation techniques, standard operating procedures and other tools developed with support of the Fund as a result of interaction between different organisations across the EU. data source: Member States, Union action or EMAS grant beneficiaries |
|
(12) |
Number of victims of crime assisted with the support of the Fund, broken down by type of crime (trafficking in human beings and organs , migrant smuggling, terrorism, serious and organised crime, cybercrime, sexual exploitation and child sexual exploitation , torture or inhuman or degrading treatment ). [Am. 149] data source: Member States |
|
(13) |
Number of public spaces and scale of critical infrastructures and public spaces of which the protection against security-related incidents has been improved with the help of the Fund. [Am. 150] data source: Member States |
|
(14) |
Number of initiatives to prevent radicalisation leading to violent extremism:
data source: RAN , Member States [Am. 153] |
|
(15) |
Number of partnerships established with the support of the Fund contributing to improving support of witnesses, whistle-blowers and victims of crime:
data source: Member States, Union action or EMAS grant beneficiaries |
Specific objective 3a: Development of a common intelligence culture:
|
(15a) |
Number of exchanges between Member States in the field of intelligence. |
|
(15b) |
Number of law enforcement and intelligence officers involved in training, exercises, mutual learning programs or specialised exchange programs on cross-border issues organised with support from the Fund. data source: Member States [Am. 154] |