Explanatory Memorandum to COM(2001)567 - Action programme for administrative co-operation in the fields of external borders, visas, asylum and immigration (ARGO) - Main contents
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| dossier | COM(2001)567 - Action programme for administrative co-operation in the fields of external borders, visas, asylum and immigration (ARGO). |
|---|---|
| source | COM(2001)567  |
| date | 16-10-2001 |
The joint action 98/244/JAI of 19 March 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union (TEU) introduced a programme of training, exchanges and co-operation in the fields of asylum, immigration and crossing of external borders (Odysseus Programme) i. This programme was established for the period 1998 to 2002. However, the funds allocated for the implementation of the programme, EUR 12 million, will be used up during the financial year 2001, which will therefore be the last actual year of the Odysseus programme in its current form.
The Treaty of Amsterdam, the Action Plan of the Council and of the Commission, as approved by the Vienna European Council, as well as the conclusions of the Tampere European Council, identified an ambitious work programme for the development of the European Union, as an area of Freedom, Security and Justice (AFSJ). At its presentation of its scoreboard iin March 2000, the Commission translated the Action Plan into operational, concrete terms using precise models of implementation.
This presumes the adoption within a given timeframe of a certain number of legal instruments which will constitute the envisaged common legal and political framework. It is therefore reasonable to think that this legislative effort will depend on a number of measures, which would guarantee the effectiveness of these policies during the preparatory and implementation stages. It seems therefore essential that the community endows a framework of administrative co-operation, inspired by Article 66 of the Treaty establishing the European Community (TEC), which will provide essential support to realise AFSJ. This is the aim of the instrument, ARGO, which will replace Odysseus for those fields covered by Articles 62 and 63 TEC.
This action programme intends to meet the vital need to strengthen administrative co-operation between the Member States, a need that was also pointed out in both Communications of the Commission on Asylum and Migration i. When drafting this new proposal the Commission also took into account the third report to the European Parliament and the Council on the implementation of the ODYSSEUS programme i, the final report of the external evaluation of the programme delivered in March 2000 and the conclusions of the Odysseus Conference held in November 1999.
Contents
- 2. OBJECTIVE
- 3. IMPLEMENTATION
- 4. FUNDING
- 5. THE CHOICE OF THE LEGAL BASIS
- 6. SUBSIDIARITY AND PROPORTIONALITY
- 6.1 Subsidiarity
- 6.2 Proportionality
- 7. COMMENTARY ON ARTICLES
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- Article 8
- Article 9
- Article 10
- Article 11
- Article 12
- Article 13
- Article 14
- Article 15
The objective of the action programme is to reinforce the effectiveness of the relevant procedures in the fields of asylum, visas, immigration and the control of external borders and assist the national administrations in the implementation of the Community legislation founded on Articles 62 and 63 of the TEC, as well as, to ensure openness in the application of this legislation.
The actions covered under this programme must aim at the implementation of the relevant Community rules independently of who are the national administrations responsible for undertaking those actions. This is the principle that will distinguish this programme from others programmes set up in the JHA field. The ultimate target is that third country nationals receive equivalent treatment when dealing with the national administrations responsible for applying Community legislation founded on Articles 62 and 63 TEC, and therefore avoid so differences in the national practice likely to prejudice the establishment of an area of freedom, security and justice.
Community actions in this field will focus mainly on:
Developing and spreading use of the best new working methods with particular attention to the computerisation process and electronic exchange of data in order to support the Member States' national administrations to face their mission with increased efficiency.
Defining and strengthening a common training policy by taking maximum advantage of the projects financed under the Odysseus Programme. This should result in the set up of a genuine 'common core of training' at the service of the objectives developed in this action programme.
Developing a common working methodology and culture between the Member States to foster a better understanding of the administrative processes in each Member State.
The co-ordination and the organisation of the implementation of the action programme will be realised in a partnership between the Commission and the Member States.
The Annual Work Programme will be the central instrument for implementing this action programme. The experience gained in implementing the programmes in the past show that there are sometimes gaps in the topics covered by the proposals submitted to the Commission, i.e. they do not fully cover the specific objectives and thematic priorities set out in the annual programmes. Focused and targeted actions could also be designed to respond to specific needs in specific areas. It is therefore proposed that the Annual Work Programme identifies a few actions, indicating their form (improvement of working methods, exchange programme, training, specific actions, etc) and a clearly defined topic and target. The Annual Work Programme will permit the Commission to identify which are the priorities for administrative co-operation in the areas concerned by this decision, and in particular:
- The identification of actions which will improve the working methods of the competent administrations of Member States.
- The determination of community actions with regard to particular sectors.
- The rational use and co-ordination of resources of the Community and the Member States.
- The co-ordination and planning of training initiatives with the aim of developing a real community policy in this area including technical help for administrations of third countries where it is deemed necessary.
With regard to financing, the actions proposed under this action programme may benefit from the community budget, in accordance with the allocations in the budget line. From the point of view of the Member States any measure for the implementation of this action programme will also represent a financial commitment according to their own budgetary procedures. Community co-financing is foreseen only for actions either already defined or otherwise covered by the Annual Work Programme. The Commission, in its proposal for the Annual Work Programme, will be able to identify some of these actions and invite national administrations to submit proposals on how they will carry them out. The Annual Work Programme will also set out the objectives, evaluation criteria and proportion of the annual resources reserved for specific actions not defined or otherwise covered in it. As far as the application of Information Technology (IT) in the information exchange is concerned, the national administrations and the Commission may also make use of IDA Generic Services funded under the IDA Programme. i
The choice of legal basis is consistent with the amendments made to the TEC by the Amsterdam Treaty, which entered into force on 1 May 1999. Article 66 of the TEC is the legal basis of this decision whose immediate objective is to support the progressive establishment of an area of freedom, security and justice via the reinforcement of the administrative co-operation between the relevant departments of each Member State and the Commission. Title IV of the TEC is not applicable to the United Kingdom and to Ireland, unless those Member States decide otherwise in accordance with the procedure laid down in the Protocol on the position of the United Kingdom and Ireland annexed to the Treaties. Title IV is likewise not applicable to Denmark, by virtue of the Protocol on the position of Denmark annexed to the Treaties.
The following proposal does not represent a development of the Schengen 'Acquis' in the sense of Article 1 of the Agreement concluded by the Council of the European Union with Iceland and Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis i. However, since the Action Programme established by the proposed decision is also relevant to policy areas based on Article 62 of the TEC, the Mixed Committee could be informed in accordance with Article 5 of the aforementioned agreement. It must be noted that by virtue of Article 10 the proposed Action Programme can also co-finance actions where Norway and Iceland are involved.
The insertion of the new Title IV on visas, asylum, immigration and other polices related to free movement of persons into the TEC creates a Community responsibility in these fields. This responsibility must, however, be exercised in accordance with Article 5 of the Treaty, i.e. if and in so far as action taken at Community level offers clear advantages, by reason of its scale or effects, over action at Member State level. The proposal for a decision satisfies these criteria.
Individual national administrations are not able to establish homogeneous practices of the Member States when applying Community law. A Community framework is therefore necessary for strengthening co-operation and collaboration among them. Questions concerning the organisation, powers and resources of the relevant services are reserved, as far as possible, to the Member States.
The decision will make it possible to provide financial support to certain actions proposed by the relevant national administrations, who are also responsible for deciding how to carry them out under schemes agreed in conjunction with the Commission. Because the Member States are responsible for proposing and administering the actions, the use of Community funds must be subject to clear and uniform rules contained in a Council decision, which is the appropriate instrument for implementing Community programmes.
Article 1
This article defines the name, scope, duration and who is subject to this action programme.
This article defines the concept of 'national administrations' within this action programme.
This article describes the general objectives that must guide the actions of the national administrations. These objectives also constitute eligibility criteria for co-financing the actions proposed by the Member States.
This article defines the activities of the Member States' national administrations in the field of external borders supported by ARGO in order to improve the efficiency in the application of the rules on controls at the external borders which is part of the Schengen Acquis.
This article defines the activities of the Member States' national administrations in the field of visas supported by ARGO in particular in order to reinforce the consular co-operation.
This article defines the activities of the Member States' national administrations in the field of asylum supported by ARGO and which have already been identified in the Communication towards a common asylum procedure and a uniform status, valid throughout the Union, for persons granted asylum i that was presented by the Commission in November last year.
This article defines the activities of the Member States' national administrations in the field of immigration supported by ARGO. These activities cover both areas, legal and illegal immigration and are in line with the Communication from the Commission on a Community immigration policy i. They should also be in conformity with principal guidelines and key requirements underlying a Community policy on prevention and the fight against illegal immigration, which will be the subject of a Communication of the Commission to be issued in the near future.
This article describes the different types of actions that the national administrations may propose in order to benefit from Community funding under ARGO.
This article covers those contingencies arising in the own Members States or neighbouring countries affecting one of the policy areas covered by Articles 62 and 63 TEC that require an immediate and co-ordinated reaction by the Member States' national administrations.
This article states who can receive co-financing from this action programme and what the eligibility requirements are. The possibility of funding actions, where not only Member States but also candidate and third countries are involved, was left open.
This article is dealing with the financial and budgetary rules of the action programme indicating the basic principles for financing actions.
This articles focuses on the implementation of the action programme, setting out the basic rules, steps to be followed by the Commission, relevant Committee procedures and applicable selection criteria when evaluating the proposed actions.
This article provides that the Commission will be assisted in the implementation of the action programme by a Committee composed of representatives from the Member States.
This article imposes an obligation on the Member States and the Commission to ensure that the programme is monitored and evaluated. It also requires the Commission to report annually to the European Parliament and the Council.
This article defines who is addressed by this decision.