Explanatory Memorandum to COM(2000)786-2 - Programme of incentives and exchanges, training and cooperation for the prevention of crime (Hippocrates)

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dossier COM(2000)786-2 - Programme of incentives and exchanges, training and cooperation for the prevention of crime (Hippocrates).
source COM(2000)786 EN
date 29-11-2000
1. INTRODUCTION

On 1 May 1999 the Amsterdam Treaty entered into force and introduced the objective of an area of freedom, security and justice. The conclusions of the Tampere European Council on 15-16 October 1999 then fleshed this concept out in a number of respects, including the prevention of crime of all kinds, whether or not organised. Points 41 and 42 of the conclusions state:

'41. The European Council calls for the integration of crime prevention aspects into actions against crime as well as for the further development of national crime prevention programmes. Common priorities should be developed and identified in crime prevention in the external and internal policy of the Union and be taken into account when preparing new legislation.

42. The exchange of best practices should be developed, the network of competent national authorities for crime prevention and cooperation between national crime prevention organisations should be strengthened and the possibility of a Community funded programme should be explored for these purposes. The first priorities for this cooperation could be juvenile, urban and drug-related crime.'

On this basis, the Commission has presented a communication to the European Parliament, the Council, the Committee of the Regions and the Economic and Social Committee on the prevention of crime in the European Union. It confirmed the value of equipping the Union with a new programme to encourage cooperation between all the public and private organisations involved in preventing crime of all kinds, whether organised or more general, as recommended by point 42 of the Tampere conclusions.

To stay in line with the other programmes managed by the Commission and raise this new programme's profile, it is proposed that it be named for Hippocrates, the legendary founder of medicine whose motto was: Prevention is better than cure.

Establishing this programme is compatible with the Commission's longer-term intentions, as it is currently reviewing all the programmes managed under Title VI of the Treaty on European Union in order to improve their conformity with the Union's political work programme on justice and home affairs and to reflect new guidelines to simplify financial management within broader-based instruments.

2. THE DRAFT DECISION

The proposal for a Council Decision establishing the Hippocrates Programme proceeds from the Commission's experience in managing comparable justice and home affairs programmes such as Oisin, Falcone, Stop and Grotius. The draft decision is based on the three drafts currently under discussion for new legal bases for the three programmes that come to an end at the end of the year. The harmonised drafting of all these legal bases will help to make them easier to read and is a potential precursor to comprehensive recasting of these financial instruments. The draft decision on the Hippocrates Programme provides for the same expiry date as the other programmes managed by the Commission, 31 December 2002.

The proposed structure reflects that of the other justice and home affairs programmes managed by the Commission and presented to the Council for renewal. The decision focuses on the provisions that are indispensable for the establishment of the programme, leaving annual priorities and measures to be undertaken to be settled by annual work programmes.

Pursuant to the Interinstitutional Agreement of 6 May 1999 (point 54), the financial reference amount is not provided for by the draft decision. The Commission nevertheless proposes that it be set at EUR2 million. This seems an appropriate amount for a start-up phase of action based on a new European Union policy. The programme's financial impact should be limited at the first stage so that its utility can be evaluated before there is a proposal to renew or extend it.

As in the case of the other programmes, the Commission is proposing that co-financing be limited to 70% for projects presented by the Member States so as to allow project organisers to make a proper evaluation of costs and avoid all risk of under-utilisation of funds. But it proposes that the programme also be able to finance specific projects and complementary measures that are conducive to its objectives, this time at 100%.

The programme's objectives are deliberately presented in general terms in the draft decision, partly because reactions to the Commission communication are not yet known and partly because the financial instrument will be implemented substantially on the basis of priorities set out in the annual work programmes, themselves dependent on the general policy priorities in the scoreboard.

The programme management rules are taken over from the other justice and home affairs programmes. As in the case of those programmes, the Commission will be assisted by a Committee. The procedures are based on those provided for the Council Decision of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. In practice, the application of these advisory or management procedures, although automatically applicable only to first-pillar instruments, are ideal for the management of third-pillar programmes. The management procedure will accordingly apply for the adoption of the annual work programme and possible specific actions, whereas the advisory procedure will apply for the approval of projects presented by organisers and complementary measures.

3. ANALYSE ARTICLE BY ARTICLE

Article 1

Article 1 establishes the Hippocrates programme for a two-year period running from 1 January 2001.

Article 2

Article 2 sets the programme's general objectives within the context of the general objective set by Article 29 of the Treaty on European Union. The programme is to encourage cooperation between all the public and private organisations involved in preventing crime of all kinds, whether organised or not. It also provides for association of the States applying for accession in projects supported by the programme.

Article 3

Article 3 describes the organisations eligible for financing under the programme, and the conditions for admissibility of projects in terms of their European dimension, notably as regards the minimum number of Member States involved in organising projects. It also provides that the programme may finance specific projects or complementary measures that are conducive to its objectives.

Article 4

Article 4 specifies the types of project that may be co-financed under the programme.

Article 5

Article 5 specifies the general rules for financial management and the rules applicable to project financing.

Article 6

Article 6 governs the implementation of the programme, in cooperation with the Member States. Paragraph 3 sets out the implementing measures to be prepared by the Commission, and paragraph 4 states how these are to be considered by the programme committee. It also specifies the procedure applying to each major category of implementing measures. Paragraph 5 lays down general criteria for evaluating and selecting projects, so that potential organisers can be guided by them when preparing their projects. These criteria will be the basis for Commission proposals to approve or reject projects.

Article 7

Article 7 provides that the Commission will be assisted in the management of the programme by a committee consisting of one representative from each Member State. It specifies that representatives of the applicant countries may be invited to briefing sessions after the committee's meetings.

Article 8

Article 8 refers to the advisory procedure laid down by Decision 1999/468/EC.

Article 9

Article 9 refers to the management procedure laid down by Decision 1999/468/EC.

Article 10

Article 10 requires the Commission to undertake each year an evaluation of the actions carried out in implementing the programme and to report each year to the European Parliament and the Council on the implementation of the programme.

Article 11

Article 11 provides that the programme is to enter into force on the day of publication of the Decision in the Official Journal.