12 Framework programme on Security and
Safeguarding Liberties
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8205/05
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COM(05) 124
| Commission Communication establishing a framework programme on security and safeguarding liberties for the period 2007-2013
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| Legal base | — |
| Document originated | 6 April 2005
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| Deposited in Parliament | 17 May 2005
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| Department | Home Office |
| Basis of consideration | EM of 7 June 2005
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| Previous Committee Report | None
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| To be discussed in Council | No date fixed
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| Committee's assessment | Legally and politically important
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| Committee's decision | Not cleared; further information requested
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The document
12.1 The document contains the Commission's proposals to establish
a framework programme on "Security and Safeguarding Liberties"
under the Financial Perspective for 2007-2013. It sets out the
two legislative proposals under the programme in draft form.
These are a draft Council Decision on "Prevention, preparedness
and consequence management of terrorism" and a draft Council
Decision establishing a programme entitled "prevention of
and fight against crime" for the period 2007-2013. The aim
is to ensure effective operational co-operation in the fight against
terrorism and crime, and to improve the preparedness for and management
of the consequences of terrorism. The proposals would complement
the Commission's two other proposed framework programmes, which
deal with the solidarity mechanisms (covering borders, returns,
integration and a European Refugee Fund) and justice and fundamental
rights.
12.2 The draft proposals will be submitted individually
to the Council and are likely to be subject to substantial amendment.
The draft proposal on prevention of, preparedness for and management
of the consequences of terrorism is based on Article 308, but
the Commission does not explain why this legal basis is justified,
other than to state that it is being used "in the absence
of a specific provision". The draft proposal on crime prevention
is based on Articles 30, 31 and 34(2)(c) EU. The Commission's
explanatory memorandum refers to Article 30 EU as providing scope
for common action in the field of police cooperation in relation
to the prevention, detection and investigation of criminal offences,
and draws from this an inference that this legal basis "covers
all objectives of the specific programme, Prevention and Fight
against Crime".
12.3 In support of these two legislative initiatives
the Commission has proposed two separate funding programmes corresponding
to the two draft Decisions. The overall amount proposed by the
Commission is €745 million (€1363.8 million including
the Europol and CEPOL[34]
costs) for the period 2007-2013. Within this, €597.6 million
is allocated for the "prevention and fight against crime"
programme, and €137.4 million for the "prevention, preparedness
and consequence management of terrorism" programme. €10
million is added for administrative expenditure. Separately,
€554.4 million is budgeted for Europol and €64.4 million
for CEPOL, which currently cannot be financed from the EU budget.
The Freedom, Security and Justice part of the budget has been
restructured, making direct comparison between financial resources
for instruments in the current and next Financial Perspectives
difficult. Nonetheless, there has been an increase in the overall
level of resources for the Freedom, Security and Justice budget
as a whole.
The Government's view
12.4 In her Explanatory Memorandum of 7 June 2005
the Minister of State at the Home Office (Hazel Blears) summarises
the Government's view of the envisaged legislative measures and
the proposed funding programmes:
"In its overall proposals for the next financial
perspective from 2007-2013, the Commission proposed a large (35%)
real terms increase in EU budgetary levels to a budget equating
to about 1.26% of EU GNI to achieve this aim. The UK Government
and five other Member States argue that the spending increases
proposed by the Commission are excessive and do not prioritise
spending on areas where they add the most value at an EU level
(over and above spending at a national level).
"The Government believes that JHA is one
area where there is scope to add value through EU funded projects,
through focus on delivering the agreed Hague Work Programme (2004-2009).
There may therefore be a case for an increase in spending over
current levels as long as any such increase is compatible with
an overall budget package of 1% GNI.
"Under the Security and Safeguarding Liberties
Framework there are two major funding streams on prevention, preparedness
and consequence management of terrorism and crime prevention.
These consist of centrally managed resource for transnational
co-operation and co-managed national programmes in Member States
to build capacity. Budgets are also proposed for Europol and
CEPOL.
"Whilst in general the Government welcomes
the range of activity proposed we wish to have greater clarity
on the certain activities which will be carried forward by certain
bodies, such as the Commission or Member States. We would also
welcome greater clarity in the instrument on how the activity
would be carried out in such a way that respects the principles
of subsidiarity. As Presidency, we anticipate we will have to
deal with a number of concerns on the proposals. We would also
welcome further detail on the mechanisms for managing and deciding
which projects are pursued, and what evaluation mechanisms will
be applied to assess programme effectiveness.
"We agree that Europol and CEPOL need to
be sufficiently funded but we need to ensure that the organisations
focus on delivering their Hague programme obligations and are
effectively and efficiently managed. At present there is no provision
for Europol to be funded from the Community budget and Framework
Programmes will need to be provided for transnational arrangements.
"Member States will be keen to ensure that
effective means of monitoring and evaluating the value for money
delivered are incorporated in the programme, in particular through
use of more specific, measurable and achievable objectives where
possible.
"The legal base for the Proposal for a Council
Decision establishing the specific Programme 'Prevention, Preparedness
and Consequence Management of Terrorism' for the period 2007-2013
has been based on Article 308 Treaty establishing the European
Community. As Presidency, the UK will want to work to ensure
that Member States are satisfied with the legal base."
12.5 As regards the financial implications the Minister
adds:
"As expenditure falls in the 2007-2013 Financial
Perspective the funding available for the Security and Safeguarding
Liberties programme will depend on the outcome of the overarching
negotiations on the finances of the EU from 2007-2013.
"The UK, along with 5 other Member States
believes that the Union's priorities can be funded by a budget
stabilised at 1% of EU GNI. The level of funding available for
the Security and Safeguarding Liberties programme would, therefore,
need to be consistent with this.
"We would expect some of this funding to
be bid for by the UK Government and national based organisations.
The Framework has significant financial implications for the
UK. These are being analysed at policy level to assess their
full impact and whether they represent value for money. The UK
currently contributes 18% of the EU's budget (approximately 12-13%
after the abatement)."
Conclusion
12.6 We thank the Minister for her helpful summary
of the proposal and the Government's view of it. The draft legislative
proposals, including the proposals for funding them, will have
to be submitted individually at a later stage. We note the Government's
reservations about the proposed cost of the framework programme
and its commitment to keeping EU overall spending at existing
levels. Given the increase in expenditure envisaged in the Communication
we ask the Minister how this is to be achieved, and in particular
where the Government believes the necessary savings elsewhere
in the EU's budget should be made.
12.7 We consider that the reasoning for the use
of Article 308 EC as the legal basis for the programme on "prevention,
preparedness and consequence management of terrorism" is
far from convincing, and we ask the Minister whether the Government
shares our view that the proposed measure is unconnected with
the operation of the common market and how, if at all, Article
308 EC can be applied to counter-terrorist measures within the
scope of the EC Treaty. Similarly, in relation to the proposal
on crime prevention, we are far from persuaded that crime prevention
as such is a matter falling within EU competence, since it is
not mentioned in Article 29 EU (unlike police cooperation in the
prevention of crime). We ask the Minister to address this point
in detail.
12.8 We observe that the Government would welcome
greater clarity as regards the consistency of the proposals with
the principle of subsidiarity, and we will pay particular attention
to this aspect when the individual proposals are deposited.
12.9 We shall hold the document under scrutiny
until we have received the Minister's reply.
34 European Police College. Back
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