31998Y0604(04)

ODYSSEUS PROGRAMME: 1998 (98/C 169/12) (Text with EEA relevance)

1. Broad outlines of the programme

The Council adopted the Odysseus programme of training, exchanges and cooperation in the field of asylum, immigration and crossing external borders on 19 March 1998 (OJ L 99, 31.3.1998). The programme applies to the 15 Member States of the European Union and allows for the possibility of associating non-member countries, in particular the applicant countries, provided this would be in accordance with the programme's objectives.

The financial reference amount for the implementation of the programme for the period 1998 to 2002 is ECU 12 million.

The programme has three main objectives:

1. First, to secure the long-term practical cooperation of the authorities responsible for implementing the asylum, immigration and external border control policies. The long-term approach is a prerequisite for the programme's effectiveness, given that any changes to new legislation, procedures and techniques will take time, generally longer than an annual programme.

2. Second, to design a programme incorporating the various elements of a wide-ranging cooperation policy by means of instruments relating to training and exchanges of officials. To be fully effective they must meet three conditions:

- the various qualification levels must be defined: this means making sure the measures implemented under the Odysseus programme at Union level are complementary to other measures, in particular basic training for officials, which mainly comes within the competence of the Member States;

- cooperation must be accompanied by the development of tools based on studies and research and the dissemination of information which increases effectiveness,

- assessment must be incorporated, i.e. each measure must include a complete definition of the objectives and the means to achieve them. The objectives must be consistent with the needs expressed and the content of the programme. In other words, new measures can be launched only if they fully incorporate the assessment of previous similar measures.

3. Steps must be taken to open up the programme to non-member countries in general and the applicant countries in particular, priority being given to cooperation projects to familiarise them with the accumulated body of Union law relating to asylum, immigration and the crossing of external borders.

The programme sets out to meet these objectives by supporting measures initiated by public institutions or private bodies aimed at developing cooperation in the fields of asylum, immigration and the crossing of external borders. This is why the structure is based on an annual programme adopted by the Management Committee. It ensures that the selection process is as open as possible and that the projects selected meet the strictest criteria with the help of experts who will assist the Commission in formulating proposals for consistent programmes.

In the interests of sound management, the Commission has stressed the need for economies of scale in programme management. The Sherlock programme can be incorporated into the Odysseus programme without any change in substance. Incorporation will make it possible to coordinate the objectives of the campaign against forged documents in the more general context of external border controls and the prevention of illegal immigration. Management will be simplified as a result of establishing a single Management Committee.

The Commission will make sure the programme is consistent with existing programmes under Title VI of the TEU and the PHARE programme, in particular the aspect dealing specifically with justice and home affairs.

To achieve this objective, the Odysseus programme will consist of operations in the following areas:

- training for civil servants, training for instructors and advanced courses for specialists. Depending on the subject studied, basic training will remain primarily within the competence of the Member States; since this is the first year of the programme's implementation, it would not appear necessary to specify the type of training by giving priority to instructors or to specialists. The areas are sufficiently broad and distinct for it to be feasible to define the most appropriate type of training case by case. With regard to forged identity documents, training will have to take account of the lessons learned from the Sherlock programme. In other areas, training could be more usefully focused on basic concepts. In this context the Commission intends to give priority to the dissemination of information. With regard to questions of common interest, this will involve processing the information obtained in the Member States and disseminating it as widely as possible to the personnel concerned; it will also involve further training and specialisation for experienced officials in order to study in greater depth specific aspects identified as requiring special effort. Regular training courses will have to be held so that they will have a knock-on effect and become a source of reference information by the end of the period;

- exchanges of officials between Member States, a complementary dimension of training. The periods of exchange can be sufficiently extended to allow for practical familiarisation on the spot with the methods, procedures and techniques used. This could take the form of unilateral or reciprocal visits to the national authorities responsible for asylum, immigration and external frontier control, to gain an on-the-spot insight of the problems encountered in other Member States. With the agreement of the respective national authorities, long-term visits will make it possible for officials to participate more actively in operations. Similarly, there will be opportunities for officials of several Member States to visit another Member State.

- studies and research, the third component of the annual programme, aims in particular at the design and dissemination of teaching materials (educational tools, software, etc.). Research could be more closely focused on the development of tools and the preparation of actual cases. In this context, projects which aim at document dissemination or access (via databases) could also be taken into acount, making it possible to improve cooperation between national authorities. Existing institutional, legislative and regulatory fields, or those coming into being, could be the central topic of research, in particular in preparation for the entry into force of the Treaty of Amsterdam.

Projects are selected by a Management Committee consisting of a representative of each Member State and chaired by a representative of the Commission. To be considered projects must be of interest to the Union and must involve at least two Member States. The applicant countries can be associated with such projects, in accordance with Article 10 of the Joint Action, if this is in line with the objectives of the programme. In addition, the programme does not exclude the participation of non-member countries, provided their presence is in the interests of the Union.

2. Structure of the annual programme, fields of action for 1998 and total appropriation

The Odysseus programme has broad objectives concerning asylum, immigration and the crossing of external borders. These are specific fields and call for different types of partnership. Certain sectors, such as the Sherlock programme, require strict confidentiality, while others are open to the academic world, to non-governmental organisations, or even to companies from the business world. This is why the Odysseus programme is addressed to a broad public, ranging from the authorities responsible for the above fields to bodies, associations or companies which operate in relation to them.

The structure of the Odysseus programme reflects this diversity, by assigning priority to the three main areas (asylum, immigration, external borders), where the traditional forms of cooperation, training, exchanges and studies, will apply, preference being given to the problems facing Member States in these fields. Priority has been given to two areas in this annual programme: one for pressing matters, the other for the applicant countries, in the framework of the partnership worked out by the Commission. The annual programme will be implemented in successive stages, and priority will be given to areas of common interest to the Union and the Member States and particularly to topical subjects, especially those currently being discussed in the Council, while other more specific aspects can be dealt with later.

In all the programmes managed by the Commission, increasing emphasis must be placed on the assessment of operations carried out under the programme.

Asylum

- The entry into force of the Dublin Convention is a top priority, for its implementation and the conditions of its application require the member States to provide training,

- in its initial phase, the annual programme seeks to place an emphasis on best practices as regards procedures for examining asylum applications.

Beyond that, increased cooperation in other areas of asylum would be beneficial. On-the-spot comparisons during exchanges will enable officials to become more familiar with systems other than those they themselves employ, and on some occasions enable them to transpose solutions from their own administration.

- Such cooperation is particularly useful in the applicant countries, as a number of them have only recent experience in this field. It enables them to acquire the basics of the process of managing asylum applications. Thus, projects will be able to relate to initiatives associated with the Dublin Convention,

- since in another context the Commission manages the budget headings relating to the financing of specific projects for displaced persons, asylum-seekers and refugees (Joint Actions 97/477/JHA and 97/478/ JHA of 22 July 1997, OJ L 205, 31.7.1997), an effort will be made to ensure that the operations are complementary to measures in another context.

Immigration

The two complementary aspects of the policy outlined in the Commission memorandum (February 1994) concerning immigration and asylum must be taken into account.

- This is why operations must concern both the admission of third-country nationals and the prevention of illegal immigration. On the first point the programme seeks to stress the subjects closely related to the draft convention concerning the admission of third-country nationals to Member States of the European Union,

- with regard to the second point, projects could concern readmission agreements and the practical methods of readmitting illegal third-country nationals. Projects submitted within this framework should relate by way of priority to the work in progress within the European Union, or should come within the framework of the accession partnership with the applicant countries,

- the programme also seeks to emphasise best practices as regards immigration control.

The Commission and the Management Committee will take steps to avoid overlapping with other Community programmes involving similar operations.

Crossing of external borders

- An essential part of the 'external borders` aspect will be the campaign against the use of forged documents, in connection with the results of the Sherlock programme. Projects committed or accepted under the Sherlock programme for this budgetary period will be carried out under the Odysseus programme for 1998, in accordance with Article 19 of the Joint Action,

- problems relating to different types of borders (sea, land and air) will be taken into account using an approach targeting each category.

Projects could highlight special border control issues in conjunction with a precise geographical approach, targeting frontier regions with special features (Baltic States, Balkans, European Mediterranean countries).

In the light of these considerations, observation of the situation in the various related areas and the work of specialised groups, the following fields of action are proposed for the 1998 programme, within the framework of an overall estimated budget of ECU 3 million. Traditional methods of cooperation will be combined with the more specific objectives, not forgetting the share set aside for assessment.

Field of action (a)

Training is at the very heart of the priorities of the Joint Action. Since it is the first year of the Joint Action's implementation, projects must give priority to basic knowledge concerning asylum and immigration. The situation is different for forged documents; as the Sherlock programme has been implemented in previous years, basic training was given priority in the initial years and more specialised fields may now be covered.

- The annual programme seeks to stress the considerations relating to the measures implemented at Union level. Thus, projects will tend to improve national officials' knowledge of Community instruments, procedures, methods and techniques,

- secondly, projects will have to concentrate on matters which could be the subject of closer cooperation, both between the Member States and with the applicant countries.

Field of action (b)

Topical subjects: This involves responding to specific needs and problems facing the Member States (new regulations, new practices, new technologies, etc.) The annual programme seeks to place at the disposal of Member States an instrument facilitating a prompt response to matters of immediate concern. This chapter could in particular address the measures taken under the action plan to combat the influx of migrants from Iraq and the neighbouring region.

Field of action (c)

Exchanges of officials

This field mainly concerns traditional exchanges of officials, over a sufficient period of time, to familiarise them with the practices implemented in other administrations in the various areas of the programme. Such exchanges could be of interest to staff reponsible for implementing procedures at local or national level, depending on the administrative organisation of each Member State, and to officials responsible for devising them. Exchanges could also include officials responsible for on-the-spot controls or who are in direct contact with non-Community nationals (asylum-seekers, foreigners in an illegal situation pending repatriation, etc.)

Field of action (d)

Cooperation with non-member countries

- In the context of the accession partnership, applicant states must gradually integrate the Union's acquis, in the broadest sense, into the areas outlined in the programme. This requirement entails a knowledge of legal instruments, procedures, methods and techniques. Implementation of the programme in the first year will focus on the acquisition of basic knowledge.

This objective could be adopted for the various types of action (mainly training and exchanges of officials). Steps will be taken to make sure they are complementary to other programmes under Title VI, as well as with the other Community aid programmes, in particular the horizontal PHARE programme, one aspect of which specifically concerns justice and home affairs in general and external border controls in particular.

- The lion's share allocated to the applicant countries by no means excludes the association of non-Community countries. For example, the association of non-Community countries which are not applicants could be based on a geographical approach, provided the projects are in the interests of the Union.

At this stage of implementation of the Odysseus programme, priority must be given to the conditions for applying the Dublin convention, and the aspects relating to external border controls.

Special attention will be paid to projects involving training, exchanges and studies associating non-member countries, and in particular the applicant countries.

Field of action (e)

Studies and research

The annual programme aims to prioritise issues in the field of justice and home affairs. Particular emphasis will be placed on the subjects referred to in the Council Resolution of 18 December 1997 laying down the priorities for cooperation in the field of justice and home affairs for the period from 12 January 1998 to the date of entry into force of the Amsterdam Treaty, which serve as guidelines for work in hand in the Council working parties (OJ C 11, 15.1.1998).

Priority will be given to projects which could have practical implications for future legislative instruments, in particular the issues which are important in the context of the Commission's legislative priorities. For example, topics relating to temporary protection, implementation of the Dublin Convention or the draft convention on the admission of third-country nationals to the European Union could usefully be the subject of study and research in 1998. The programme aims to encourage a forward-looking and dynamic aproach rather than one which is statistical, descriptive or historical.

The Commission also wishes to emphasise the dissemination of information, by the most suitable techniques, in order to reach as large an audience as possible among the officials concerned. This could be done through various teaching tools, ensuring the development of training or the dissemination of basic knowledge for officials.

Field of action (f)

Evaluation

Evaluation is a Commission priority in the context of the programmes it manages. The 1998 programme is the first budgetary period of the Odysseus programme; the assessment can therefore mainly cover the individual projects implemented during this period to make sure they match the definition of the programme. At a later date, the assessment will be able to focus on the programme itself.

An estimated ECU 12 million is provided for the Odysseus programme for the five years of implementation. In 1998 an estimated ECU 3 million could be allocated, made up of the reserve of ECU 2 million, plus the ECU 1 million allocated for the 1998 Sherlock programme. Since the Odysseus Joint Action was adopted before the deadline for lodging applications with the Sherlock Committee, no allocation has been made and therefore the amount remains untouched.

The estimated amounts to carry out the priority projects are:

>TABLE>

3. Potential candidates and submission of projects

The potential candidates are the administrations of Member States responsible for asylum, immigration, the crossing of external borders or other services, in particular for training officials in these fields, and higher education and research institutions, non-governmental organisations, associations and foundations. However, other bodies should not be excluded, in particular those operating in areas related to the objectives of the programme. Applications from individuals will not be eligible.

With regard to the procedure for the submission of projects, the memorandum on the financing of Title VI, which was revised in February 1998 and is available in all languages, provides the necessary information; a model application and precise instructions for preparing the financial statement and a model budget are attached to it. You are strongly advised to refer to this document when preparing projects.

The selection of projects for financing under the 1998 budget will take place in two stages. The first deadline for applications to reach the secretariat of the Management Committee is 5 June 1998. The applications will be examined and the selection made in July. A second deadline is fixed for 30 September 1998 to examine projects submitted after the first deadline.

The application, duly signed by the person responsible for the project, must be accompanied by a brief note (two to three pages maximum) summarising the project. A financial statement containing as precise and as detailed a cost estimate as possible for the project must be included. Item 9 of the form (Description of the project) must contain a succinct and precise description of the purpose of the project.

Recipients of subsidies under this programme undertake to include an explicit reference in any publication or external broadcast to Community financing obtained under the Odysseus programme.

Project sponsors must present a final report on the implementation of the project within three months of its conclusion. Final payment of the subsidy will be made only on production of the final report and supporting documents.

Regardless of the percentage of Community financing granted, total expenditure shown on the financial statement must be accounted for.

Requests for further information and forms should be addressed to:

Mr Wenceslas de Lobkowicz, Chairman, Odysseus Programme Management Committee

Mr Arnaud Cohet, Secretary to the Committee

European Commission, Secretariat-General, Task Force for Justice and Home Affairs, Unit 1

Rue de la Loi/Wetstraat 200, Office N-9 5/27A

B-1049 Brussels.

Tel.: (32-2) 296 67 46,

Fax: (32-2) 296 59 97,

E-mail: arnaud.Cochet@sg.cec.be