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1.
OBJECTIVES OF THE AGIS PROGRAMME (2003 to 2007)
The aim of the AGIS framework programme, adopted on
22 July 2002, is to promote police and judicial cooperation
in criminal matters and to support the efforts of practitioners
to develop European policy in this area. Covering the
period 2003-2007, the programme extends the work of
the programmes that formerly operated under Title VI
(TEU) ( Grotius II Criminal, Oisin II, Stop II, Hippocrates,
Falcone.), which expire in December 2002, and incorporates
the activities previously funded under budget heading
B5-831 (drugs). The general objectives of the programme
are :
- to develop, implement and evaluate European policies
in the field of police and judicial cooperation in criminal
matters,
- to promote and strengthen networking, mutual cooperation
on general subjects of common interest to the Member
States, the exchange and dissemination of information,
experience and best practice, local and regional cooperation,
and the improvement and adaptation of training and technical
and scientific research,
- to encourage Member States to step up cooperation
with the applicant countries, other third countries
and appropriate regional and international organisations.
The AGIS programme supports projects and activities
associated with the following specific objectives:
- the development of a European criminal judicial area
and the introduction of European instruments to promote
cross-border cooperation,
- improving the professional skills of practitioners
in judicial services, police forces and customs authorities,
through better knowledge of the legislation, procedures
and strategies in operation in the different European
States,
- developing methodologies, instruments and knowledge
to support cooperation between authorities,
- promoting cooperation between similar types of authorities
and the exchange of information between departments,
- developing multidisciplinary strategies and activities
for cooperation between police or judicial authorities
and other non-governmental authorities and organisations,
civil society, the business sector, the professions
and the world of science and research,
- studies and research, particularly into strategies
and techniques for fighting particular types of crime,
and evaluation of the policies pursued,
- the exchange of information and experience and the
dissemination of best practice,
The general objectives will be pursued in the following
areas:
- developing the European criminal judicial area,
- strengthening cooperation between the judicial authorities
and between legal practitioners, judicial cooperation
in general and criminal matters,
- strengthening cooperation between law enforcement
authorities,
- preventing and fighting organised crime; partnerships
and cooperation between public authorities and the private
sector,
- preventing and fighting drugs trafficking,
- crime prevention,
- victim assistance,
- crime-proofing and threat assessment; comparability
and circulation of information, and statistics.
The financial reference amount for the AGIS programme
in the period 2003 to 2007 is EUR 65 million.
The budget for 2003 is EUR 11 780 000.
2. PROGRAMME ACTIVITIES AND TARGET GROUPS
The AGIS programme provides for financial support for
projects (see Section 3) in the areas defined in Article
4 of Decision 2002/630/JHA and for non-governmental
organisations that satisfy certain criteria (see Section
6).
The following types of project are referred to in Article
4 of the Decision:
- training,
- setting up and launching exchange and placement schemes,
- studies and research,
- dissemination of the results obtained under the programme,
- encouraging cooperation between law enforcement authorities,
judicial authorities or other public or private organisations
in the Member States involved in preventing and fighting
crime, for instance by giving assistance for the establishment
of networks,
- conferences and seminars.
Target group
The AGIS programme targets the following groups:
- legal practitioners: judges, public prosecutors, barristers,
solicitors, law officials, court officials, bailiffs,
court interpreters and other professionals associated
with the judiciary in the field of criminal law,
- officials and officers of law-enforcement authorities
(police, military police, customs) and of public bodies
in Member States responsible under national law for
preventing, detecting and combating criminal offences,
- officials in other government departments, especially
those involved in projects to prevent crime,
- representatives of associations, professional organisations,
research and business involved in fighting and preventing
crime, organised or otherwise; services for the rehabilitation
of offenders and criminals,
- representatives of victim assistance services, including
public departments responsible for immigration and social
services.
The programme is not open to students, but young professionals
in training may be involved.
Participants in projects may come from the Member States,
candidate countries, and possibly also from other non-EU
countries if the project justifies it.
Eligible organisations
Grants can be awarded to national, regional or local
public or semi-public administrations or institutions,
private bodies, associations, professional organisations
or organisations representing business, non-profit-making
organisations or training or research institutes, with
legal status and established in one of the EU's Member
States, as well as to Eurojust and Europol. Applications
from natural persons are not eligible.
Administrations and organisations established in the
candidate countries cannot directly benefit a grant
under this programme, but their inclusion as partners
in a project is desirable where justified by the subject
matter of the project.
3.
AREAS OF ACTIVITY AND SPECIFIC TOPICS
A. COOPERATION PROJECTS (MAXIMUM FUNDING 70 %)
I. DEVELOPING THE EUROPEAN CRIMINAL JUDICIAL AREA
Scope
The projects are intended to develop, implement and
evaluate European instruments and policies. They may
relate to substantive criminal law, procedural law,
the amendments required in national legislation, the
organisation and operation of services, the role and
activities of the European cooperative structures (Europol,
Eurojust, the European Judicial Network), mutual understanding
of the Member States' legal systems, the development
of complementary measures, based on requirements identified
by practitioners, etc.
Projects covering the objective of improving mutual
knowledge of the Member States legal systems may cover
any of the aspects of judicial cooperation in criminal
matters (procedural systems, the administration and
operation of the justice system, penal sanction systems,
the admissibility of evidence, etc.).
The activities may take the form of training seminars
and training practices, exchanges, the production and
dissemination of practical manuals, studies and research
to implement systems for analysing processes and procedures)
and information seminars.
Specific topics
A. Implementation of European instruments in the
area of police and judicial cooperation in criminal
matters
1. Cooperation with the structures of the European Judicial
Network, Eurojust and Europol.
2. Activities to raise awareness and provide information
and training about the application of European Union
instruments on mutual recognition of decisions in criminal
matters, such as the forthcoming framework decisions
on:
- the application of the principle of mutual recognition
to financial penalties (OJ C 278, 2.10.2001, p. 1),
- the execution in the European Union of orders freezing
assets or evidence (OJ C 75, 7.3.2001, p. 3),
- the execution in the European Union of confiscation
orders (OJ C 184, 2.8.2002, p. 8),
- the implementation of the European arrest warrant
(OJ L 190, 18.7.2002).
3. Evaluation of the way the law enforcement services
use EU instruments; identification and removal of obstacles
to cooperation between law enforcement services in the
area of combating organised crime.
4. Developing instruments to assess and measure the
application, effectiveness and impact of the instruments
in force.
5. Implementation of the conclusions of peer evaluation
based on the Joint action of 1997.
6. Training of persons in charge of training on the
activities and working methods of Eurojust.
B. Promoting defence rights and procedural guarantees
for suspects and defendants in cases throughout the
European Union
1. Activities connected with drafting, translating and
publishing a letter of rights to be given to suspects/
prisoners.
2. Access to interpretation, translation and legal advice.
C. Improving mutual knowledge of the Member States'
legal systems
1. Improving the skills of legal professionals and their
knowledge of legal systems, the working methods and
procedures of the judicial, police and customs authorities
of the Member States and applicant countries.
2. Organising seminars and case studies comparing the
application of principles such as:
- the presumption of innocence,
- the burden of proof,
- the disclosure of evidence,
- the admissibility of evidence,
- the rehabilitation procedures for criminals and alternative
sentencing models,
- criminality relating to minors, including comparative
research on national criminal legislation applicable
to minors.
3.
Training by means of seminars and training practices;
information visits (A visit of at least five days by
a group of 10-12 individuals who are serving judges
or public prosecutors in the sending country to at least
two Member States, or by two groups, each visiting one
Member State. The participants should be chosen for
a specific project with the countries visited; a detailed
programme must be sent with the application and must
include at least one session devoted to a case study
of a bilateral case. After the first visit a return
trip of similar duration should be organised for up
to 8-10 professionals from the two countries visited,
under the same conditions. After the exchange each side
must draw lessons from the experience, evaluate the
benefits and consider how the contacts can be followed
up. This type of project would be eligible for financial
support of up to EUR 30 000.).
4. Support for setting up and testing transnational
exchange programmes (between Member States, and between
Member States and applicant countries); exchanges of
three to six months serving the specific needs of the
departments concerned ( The Commission must be informed
of the candidate profile and the type of qualifications
and experience being sought before the selection is
made. A detailed description of the project to be carried
out with the authority of the host country must be enclosed
with the grant application.).
5. On-site or virtual language and terminology training
courses, including the development and testing of specialised
modules ( Successful applicants will receive a grant
of up to EUR 30 000 for developing a course and training
modules. The modules must be developed in partnership
with a training centre in a country of the language
being taught and must be made available free of charge
to training institutions in the areas of justice and
the police that fall directly under the responsibility
of a public authority or are directly funded from public
resources. ).
6. Specific information seminars on national policies
involving the 15 Member States and applicant countries.
7. Comparative studies of a majority of Member States
and applicant countries with a view to suggesting improvements
in legislation or procedure.
II.
STRENGTHENING COOPERATION BETWEEN LAW ENFORCEMENT AUTHORITIES
Scope
Projects in this category are intended to strengthen
cooperation between the different law enforcement services
(police, gendarmerie, customs . . .) to promote the
exchange of experience, to develop practical and operational
projects and to improve practitioners' knowledge of
the strategies and legislation in operation in the different
European States.
Projects may also target the exchange of experience
and practices between Member States and applicant countries
and, where appropriate, certain other third countries.
The activities may comprise training, including seminars
and training practices, the design of transnational
training programmes, the production of modules and teacher
training; exchanges and professional placements, the
development of manuals for use in transnational inquiries,
joint projects of fixed duration intended to develop
innovative methods of investigation; studies and research;
conferences and information seminars on national and
Community developments.
Specific topics
1. Training in police and criminal investigation techniques
in innovative or in highly specialised areas (NBCR risks,
bank card fraud, synthetic drugs, identification of
severely disfigured corpses, etc.).
2. Operational training exercises serving specific requirements,
so as to develop the ability of professionals to participate
in operations conducted by law enforcement services
from different Member States.
3. Preparation for and training in the control and management
of NBCR emergencies (of terrorist or incidental origin)
and investigation capacity.
4. Techniques for criminal and terrorist profiling with
practical applications (for example in airports, railway
stations and international ports) and exchanging the
results.
5. Meetings of experts in public security and exchange
of liaison officers during major events; exchange of
information, best practices and techniques concerning
urban violence.
6. Practical cooperation between forensic departments
(e.g. setting up methods for cooperation with forensic
departments of other Member State known to have special
expertise in a particular area, for the purpose of supporting
crime investigation. 7. Improving cooperation between
intelligence and law enforcement agencies in combating
organised crime and terrorism.
8. Stepping up cooperation between customs and other
law enforcement services in the Member States in order
to improve the overall effectiveness of the EU in fighting
crime.
9. Training connected with opening or developing joint
police/customs posts at the frontiers; production and
distribution of bilingual or trilingual practical guides
for police officers in border areas and tourist locations.
10. Research into computer tools, procedures and organisational
methods for reducing the administrative burden on law
enforcement agencies to enable them to concentrate on
their operational activities.
11. Joint customs surveillance operations (with a possible
participation of other law enforcement services and
Europol) in priority areas or on priority routes, targeting
specific objectives (import/export of drugs, sensitive
goods, arms, cigarettes, trafficking in migrants . .
.) and ability to repeat these operations on request.
12. Developing best practice in customs controls (e.g.
producing practical guides and comparative analyses).
13. Application of the Naples II Convention as regards
crime prevention and strengthening external frontiers.
14. Exchanges of three to six months in one of the areas
referred to above, where specific requirements are identified
in the departments involved .
III. PREVENTING AND COMBATING ORGANISED CRIME; PARTNERSHIPS
AND COOPERATION BETWEEN PUBLIC AUTHORITIES AND THE PRIVATE
SECTOR
Scope
Projects in this category are intended to improve the
response to certain types of crime through better knowledge
of criminal circles and the techniques they employ;
to improve the skills and operational methods leading
to the arrest and punishment of the criminals; to develop
multidisciplinary cooperation and cooperation between
public authorities and the private sector . These activities
must involve practitioners and public authorities.
Projects
in this category may include information seminars; training
activities, including the production of teaching modules
or practical guides; studies and research; exchanges
between practitioners; evaluations of the effectiveness
of procedures and research to identify and evaluate
best practice; the dissemination of the results.
Specific topics
1. Developing strategies, methods and good practices
to prevent and fight activities of organised criminal
groups; dissemination of results and evaluation of means
for replication.
2. Trafficking in human beings and the sexual exploitation
of children
(a) Investigation techniques and procedures and types
of evidence.
(b) Research into and analysis of demand and ways of
reducing it.
(c) Coordination between police investigations and administrative
control measures aimed at suspect organisations.
(d) Support for and protection of victims who cooperate
with the authorities as witnesses.
3.
Preventing and fighting drugs trafficking
(a) Developing measures to improve the effectiveness
of the fight against trafficking in new synthetic drugs.
(b) Preventing drug-related crime (see also point 5).
(c) Strengthening measures and instruments for monitoring
movements of chemical precursors from the pharmaceutical
industry to the production of drugs in the Member States,
the candidate countries and third countries.
(d) Research into the links between drug trafficking
and the funding of terrorism.
(e) Research into the effectiveness of strategies for
disrupting supplies to the drugs market.
4. Firearms
(a) Improving cooperation and the exchange of information
between the competent authorities (law enforcement authorities,
intelligence services) of the EU Member States and third
countries on the illegal arms trade, taking into account
the UN Protocol on the Illicit Manufacturing of and
Trafficking in Firearms.
(b) Training and manuals for police and customs officers
in the field of illegal arms trafficking, building on
existing good practice and sharing it with other Member
States or third countries.
(c) Evaluating existing tools and technology for recordkeeping
and marking and tracing firearms with the aim of improving
the availability and accessibility of data for use by
law enforcement agencies and intelligence services.
This should build on existing tools and give due regard
to the provisions of the UN Protocol on the Illicit
Manufacturing of and Trafficking in Firearms.
5. Computer crime
(a) Enhancing the operational capacity of the law enforcement
agencies fighting computer crime, particularly as regards
specialised training.
(b) Analysing the demand for and systems of emergency
assistance in investigating computer crime and collecting
electronic evidence.
(c) Using and building on the results of successful
pilot projects.
(d) Encouraging private-public partnership for exchange
of experiences as well as for exchange and processing
of information on certain types of computer crime.
6. Financial crime
To facilitate investigation and improve law enforcement
knowledge in the areas of company and banking legislation,
tax legislation, company accounts/balance sheets and
offshore companies. The ability to combat money laundering
can be enhanced through improved cooperation between
law enforcement authorities and the financial and other
sectors responsible for detection. Measures to achieve
this include:
(a) developing mechanisms for the exchange of information
and experience among compliance officers and between
them and law enforcement authorities (FIU);
(b) identifying best practice for institutions in the
detection and prevention of money-laundering;
(c) developing suitable training programmes for compliance
officers;
(d) developing specific programmes, including exchange
programmes, to help the applicant countries implement
anti-money-laundering standards.
7. Corruption
(a) Fighting and preventing corruption by developing
standards of integrity in public administrations, for
example based on the resolution adopted by the EU heads
of administration in Strasbourg in November 2000; introducing
and supporting integrity programmes and exchanges on
the results of such programmes.
(b) Creating multidisciplinary teams specialised in
anticorruption inquiries and monitoring procedures for
awarding contracts.
(c) Research into links between organised crime and
corruption.
8. Counterfeiting
(a) Raising public awareness, information and training
for practitioners in:
- infringements of intellectual property rights, counterfeiting
of trade marks, software piracy, protection of the film
and music industry,
- counterfeiting of products which poses a risk for
the security of consumers (pharmaceutical products,
industrial products, food, wine and spirits),
-
counterfeiting of the euro and of means of payment.
(b) Encouraging public-private partnerships for the
exchange and processing of information on certain types
of counterfeiting.
(c) Pilot study on methods to prevent the risk of counterfeited
medicines and other products for consumers and the pharmaceutical
industry.
9. Fight against criminal activities that threaten
the environment (management of certain types of waste,
degassing and oil discharges at sea)
Improving cooperation between law enforcement services
and other administrations, drawing on experiences in
other Member States.
10. Fight against criminal organisations and networks
working in the area of illegal immigration in the Member
States and neighbouring countries
(a) Analysis to develop methodologies and formulas for
assessment of risks and threats posed by illegal immigration
and the criminal networks involved.
(b) Developing cooperation and coordination between
countries of origin, transit and destination (cf. action
plan on illegal immigration elaborated under the auspices
of the EU Police Chiefs Task Force and recommendation
10 of the Millennium Strategy on Prevention and Control
of Organised Crime).
(c) Examination and analysis of the money trail leading
from the proceeds of criminal networks, in particular
with a view to strengthening and improving parallel
criminal investigations, including financial investigations,
into the networks, companies and persons involved.
11. Illegal trade in cultural goods and stolen works
of art
(a) Examining the obstacles to cooperation between law
enforcement agencies in the fight against the illegal
trade in cultural goods and stolen works of art.
(b) Evaluating and supporting the implementation of
EU instruments as part of a multidisciplinary approach
that also involves the private sector; networking with
a view to prevention.
(c) Feasibility study of a European database or a network
linking existing European databases on cultural goods
and works of art that have been stolen or illegally
exported; support for the introduction of EU instruments
and networks linking public and private organisations
with a view to prevention.
12. Establishment of a registry to collect and transmit
data of natural persons involved in the financing of
terrorist activities and participating in the setting
up or management of a legal person.
IV. CRIME PREVENTION
Scope
Projects in this category are intended to develop methods
for identifying and exchanging best practice, as part
of an analysis of prevention strategies and their impact;
to improve the professional skills of the practitioners
in the services concerned; to improve the response to
certain types of crime by improving understanding of
criminal circles and the techniques they use. Such projects
may include seminars to present, evaluate, publicise
and build on good practice, case studies and research
projects, cooperation projects presented by networks
and training for public officials. .
Specific topics
(a) Examination of methods and procedures to implement
best practice in crime prevention at European level.
(b) Examination of the costs and benefits of crime prevention
to promote cost effective approaches at European level.
1. Urban crime
(a) Analysis of the role of the business world in the
field of crime prevention and how it could be developed
(i.e. public-private partnerships in controlling and
preventing crime).
(b) Research into workplace violence and strategies
to prevent it and to increase the personal safety of
employees.
(c) Developing new prevention strategies in response
to social change and the changing nature of crime; designing
new approaches to crime and crime prevention to deal
with developments in the future.
(d) Systematic integration of design features in new
products to make them less susceptible to crime.
(e) Analysis of developments and trends in the field
of public and private crime control and their respective
roles in crime prevention at European level.
2. Drug-related crime
(a) Examination of drug use among arrestees brought
into police stations (arrestee drug abuse monitoring).
(b) Research into the costs of drug-related crime by
type of crime (e.g. acquisitive crime).
(c) An overview of the effectiveness of harm reduction
programmes in order to reduce the probability of drugrelated
crimes.
(d) An overview of the effectiveness of substance abuse
education programmes for young people.
3. Juvenile crime
(a) Meta analyses of the economic value of early prevention
programmes to promote the use of early intervention
schemes for children to prevent future offending behaviour.
(b) Analysis of the quantitative development of (criminal)
victimisation as well as delinquent behaviour of second
and third generation immigrants at European level.
V. VICTIM ASSISTANCE
Scope
Projects in this category are intended to improve the
professional skills of practitioners in the services
concerned and to strengthen cooperation between public
authorities and between them and the private sector.
These projects can include training, studies and research,
meetings and seminars, the dissemination of the results
obtained, activities to promote cooperation between
law enforcement services, judicial authorities and other
public and private organisations in the Member States
providing aid to the victims of crime.
Specific topics
1. Public information on access to justice and monitoring
proceedings.
2. Raising legal practitioners' awareness of victims'
rights.
3. Information and training for law enforcement services
on understanding the victim's situation and the use
of appropriate techniques for conducting inquiries and
collecting evidence.
4. Structures for assisting the victims of crime.
5. Mediation policies.
VI. CRIME-PROOFING AND RISK ANALYSIS; COMPARABILITY
AND CIRCULATION OF INFORMATION; STATISTICS
Scope
Projects in this category are intended to develop methodologies
and instruments for analysing the susceptibility of
proposed policies and measures to crime, to determine
the technical and legal feasibility of regulations and
standards for the collection, analysis and use of general
or specific data required by the police services, the
courts or other public or private partners associated
with the prevention of certain types of crime. These
activities may take the form of seminars and conferences,
studies of requirements and feasibility studies, evaluation
and dissemination of results.
Specific topics
1. Crime-proofing and threat assessment
(a) Assessing the threat of crime and discussion of
mechanisms to help Member States and the Commission
focus their activities in this area.
(b) Analysis to establish methodologies and formulas
for assessing the risks and opportunities which proposed
legislation and policy initiatives may represent for
organised crime. This may include a methodology for
establishing a cost-benefit analysis of proposals.
(c) Reinforcing threat assessment mechanisms at EU level
in the area of cybercrime:
1. analysis of the current situation and evaluation
of existing data at national, EU, regional and international
levels;
2. a feasibility study on setting up an EU correspondents'
system as a basis for an EU monitoring and benchmarking
mechanism;
3. using the results of research and technological development
programmes in the area of statistical analysis; improving
the quality of statistics on computer-related crime
through the comparability of data and indicators, including
the use of privatesector statistics;
4. designing a standard tool for the analysis of costs
and benefits of deploying specific measures, given the
potential security risk that information management
poses for the police and national ministries.
(d) Analysis of long-term threats, including likely
future trends as regards organised crime.
(e) Analysis of logistics of organised crime to obtain
a better understanding of criminal strategies and tactics.
(f) Analysis of the feasibility of methodologies for
the computer industry or specific areas to develop crimeproofing
of products, including crime impact assessment, predictors
of criminal behaviour and the introduction of systematic
features to protect against crime in the development
of new products.
(g) Encouraging the development of national forums on
the challenges of organised crime, to assess the threats,
exchange best practice, carry out national and crossborder
research, define priorities (crime-proofing) for protecting
against crime and terrorism. Assessing the feasibility
and added value of such forums.
2.
Comparability and circulation of information; statistics
(a) Developing an EU policy on data collection for the
police and criminal investigations:
1. redefining what constitutes relevant data; use of
data from external sources; better exploitation of internal
data through enhanced database networking and centrally
coordinated data monitoring;
2. content, functioning, organisation, storage and exchange
of data held by European and international police information
systems and related questions such as central/decentralised
organisation of computer and data exchange systems;
3. establishing guidelines for setting up police information
systems, technical standards for the equipment and methods
of data analysis;
4. feasibility study on the legal, operational, financial
and technical aspects of information collection and
exchange between the police forces of the Member States.
(b) Feasibility studies on the harmonisation/integration
of EU law enforcement databases.
(c) Elaboration of a comprehensive approach to the production
of criminal statistics and indicators, taking into account
work done by Eurostat.
B. SPECIFIC PROJECTS AND COMPLEMENTARY MEASURES (PROJECTS
QUALIFYING FOR FUNDING OF UP TO 100 %)
Projects in these two categories may qualify for Commission
funding in excess of the ceiling of 70 % of the total
budget. Applicants requesting 100 % funding will be
asked to indicate why it is not possible or appropriate
to find other sources of funding. The Commission reserves
the right to contact the applicant to determine whether
the project can receive funding of less than 100 %.
The maximum grant for specific projects in 2003 is EUR
1 178 000 and for complementary measures EUR 589 000.
Projects belonging to this category cannot contain ‘indirect
costs’ and the personnel costs accepted for the organisation/general
management of the project are limited to 5 % of the
total eligible costs.
Scope
The specific projects and complementary measures identified
by the Commission for 2003 relate to the topics indicated
below with reference to the description made in Section
3 of this call for applications. Unless stated otherwise,
the type of projects that may be carried out may cover
all types of projects as described in Section 2.
I. Specific projects
The activities and areas that qualify for funding under
the heading of specific projects are those referred
to in the following points of Section 3: A-I-A-1, 4,
5; A-I-B-1; A-II-2; A-II-3; A-III-4 b, c; A-VI-1 a,
b, f, g; A-VI-2.
II. Complementary measures
The following activities that can be financed in 2003:
(a) optimising on the results achieved under previous
programmes;
(b) aid for translating documents presenting good practices,
based on an evaluation of such practices or statistics
measuring their impact;
(c) adapting manuals on cooperation procedures and practices,
used by the national authorities of one Member State
to the situation in another Member State and/or a candidate
country, subject to prior assessment of their quality.
4.
PRIORITIES OF THE PROGRAMME IN 2003
Taking into account the general work priorities of the
Commission and the Union in the coming year, projects
concerning the preparation of the enlargement and the
strengthening of stability and of the safety of the
Union will be specially considered.
The projects corresponding to the specific topics mentioned
in Section 3 will benefit from priority points when:
- they associate and reinforce cooperation with the
applicant countries in order to facilitate their integration
and the implementation of the ‘acquis communautaire’.
Projects can associate, all or certain applicant countries,
according to the nature of the project and the covered
topics. As a general rule, the number of Member States
shall not have to be lower than that of the applicant
countries, so as to allow developing mutual knowledge
and real exchanges between participants and authorities.
- they contribute to strengthening stability and the
safety of the Union and to fight against criminality,
in particular:
- when coping with international challenges in the area
of organised crime and terrorism, including financing
of terrorism,
- when they consist in operational training activities
for practitioners of the Member States and possibly
from the applicant countries.
5.
CRITERIA FOR THE ASSESSMENT AND SELECTION OF PROJECTS
Once the admissibility of the application has been examined,
it will be examined on:
- the quality of the project and the bidders capacities
to implement the project,
- the evaluation of the content of the project.
1. Criteria for the admissibility of the application
To be admissible, a grant application must meet the
following criteria:
- it must relate to one of the specific objectives of
the AGIS programme,
- it must involve at least three partners based in three
different Member States (or two Member States and one
candidate country). Each partner must complete and sign
the ‘declaration by a partner organisation’ to be joined
to the grant application form. It must describe its
role in the design, implementation, dissemination of
findings, and if appropriate, indicate its share in
the project's expenditure and revenue,
- it must be submitted using the grant application form
made available by the Commission in electronic format;
no other form will be accepted; all sections of the
form must be completed; all the annexes required must
be attached,
- an application from an association must include supporting
documents allowing verification of its legal status
and a copy of its financial balance sheet of the previous
year,
- the applicant must declare he/she is not in one of
the positions listed in Article 93 and 94 of Council
Regulation (EC, Euratom) No 1605/2002 on the Financial
Regulation applicable to the budget of the European
Union (OJ L 248, 16.9.2002) (see last page of application
form); the Commission may require to provide proof if
deemed necessary. Any application that does not meet
these criteria will not be considered.
2.
Selection criteria
The following elements will be examined:
- the applicant's operational and professional capability
to implement the proposed project, including evidence
of its know-how and that of its partners to complete
the project and to access the information or participants
as planned,
- the applicant's financial capability,
- the existence of a clear description of the project's
specific objectives and activities planned to meet these
objectives, together with the information necessary
to measure performance and achievement of the results,
- the existence of a detailed budget allowing for an
assessment of all individual costs to be incurred in
implementing the project; the amount of the Community
grant applied for may not exceed 70 % of the total budget
for the project (except for specific projects and complementary
measures); the financial contribution of the applicant
organisation and its partners must be at least 20 %
of the total budget, —
compliance with the following conditions:
- the project can have a maximum duration of two years,
- the project cannot already be completed. It must be
planned to start before 31 December 2003,
- the project for which a grant is requested may not
already have started; if it has, the applicant must
give reasons why the grant is necessary for the project
to be implemented in full; in this case, the period
covered by the grant may not start before the deadline
for submitting the application.
Only proposals which meet the above selection criteria
will be examined in detail.
3. Evaluation criteria
Proposals will be assessed on the basis of the following
criteria:
- quality and relevance of the activities and contribution
to the programme's objectives, especially in terms of
the relevance of the results and the practical impact,
- demonstration that the objectives meet a clearly identified
need and that the proposed activities allow to meet
the objectives and have measurable outputs,
- European dimension participation by candidate countries,
- compatibility with work undertaken or planned under
the EU's policy priorities in the field of judicial
cooperation on general and criminal-law matters; complementarity
with other past, present or future activities,
- measures planned to ensure that the results and know-how
acquired are disseminated,
- size of the action and cost-effectiveness. In addition,
priority points will be given in accordance with priorities
indicated in Section 4.
6. CO-FINANCING THE ACTIVITIES OF NON-GOVERNMENTAL
ORGANISATIONS
Under Article 3(5) of the Decision establishing the
programme, the Commission can subsidise the activities
of non-governmental organisations whose main activity
contributes significantly to the implementation of the
EU's priorities in the areas covered under Title VI
of the Treaty on European Union. It is intended to allocate
a maximum of 5 to 7 % of the programme's total budget
for this purpose.
Priorities for 2003
The organisations eligible for financial support for
their activities must prove that they have a work programme
geared to the following objectives:
- improving the professional skills of judicial practitioners
and defining training curricula,
- cooperation between public authorities and associations
in the field of victim assistance,
- cooperation between public authorities and associations
in the field of rehabilitation of offenders,
- production and dissemination of information on how
to access legal interpretation, translation and advice,
- development of restorative justice and mediation.
(a) Who can submit a grant application?
Grants made available under this heading are not intended
to co-finance the implementation of a particular project,
but to support the activities of organisations who are
eligible on account of their 2003 programme, so as to
help them implement the parts of their programme that
fall under the priority topics.
Non-governmental organisations that meet the following
criteria may apply:
(i) they must be non-profit-making organisations;
(ii) they must be constituted in accordance with the
law of one of the Member States;
(iii) they must pursue activities with a European dimension
and involve, as a general rule, at least half of the
Member States;
(iv) The aims of their activities must include one or
more of the objectives laid down in Article 2 of the
Decision establishing the programme. Only applications
from organisations which can show they meet the above
conditions and which are not in receipt of an operating
subsidy or general grant for their activities under
another heading of the Community budget will be eligible.
(b) General rules
The maximum rate of co-financing by the Commission is
80 % of the total eligible costs that the applicant
expects to incur in carrying out its activities in 2003.
The minimum financial contribution of the applicant
organisation for the said activities is 20 %. Contributions
in kind are not regarded as external co-financing, but
information on such contributions is considered when
examining the application.
Eligible costs are those which are necessary for the
organisation to pursue its declared objectives. Non-eligible
costs are the same as for the financing of projects,
except that all reasonable overheads are eligible. Any
expenditure leading to an increase in the applicant's
capital is excluded.
An organisation which is already receiving operating
funding under any other Community budget heading is
not eligible.
If an organisation's revenue exceeds its expenditure
at the end of the financial year, it may be required
to reimburse part of the grant provided by the Commission.
The grant from the Commission will be paid in two instalments:
the first in the form of an advance (generally 50 %
of the total amount of the grant) on signature of the
grant agreement, and the balance on receipt and approval
by the Commission of the final activity report for the
period covered by the grant and the final accounts.
The final accounts must be certified by an auditor from
outside the organisation.
Applications must be made using the specific form which
the organisation can request from the address indicated
under ‘Practical information’.
(c) Selection and evaluation criteria
Proposals will be assessed on the basis of the following
criteria:
- the respect of the conditions indicated above,
- the applicant's operational and professional capability,
- the applicant's financial capability and the existence
of an organised accounting system,
- a sufficiently clear description of the field of action,
specific objectives and activities planned by the organisation
in relation to the selected field of activity, — a sufficiently
detailed budget allowing for an assessment of all individual
costs that the applicant expects to incur in the implementation
of his activity programme and the other revenue and
expenditure of the organisation. The budget must demonstrate
a satisfactory level of value for money. It must also
show that the grant requested is the minimum necessary
for completing the planned activities and that administrative
expenditure is kept to a strict minimum.
7.
GENERAL GUIDELINES FOR PROJECT APPLICATIONS
The following information gives initial guidance to
applicants. Applicants are also invited to consult the
documents on the Commission's internet site: http://europa.eu.int/comm/justice_home/jai/prog_en.htm
A. INFORMATION CONCERNING THE CONTENT OF THE PROJECT
- Any plan for setting up a documentation network, databases,
etc. should state in detail the sources, the intended
users of the information, the field covered, the methodological
approach, the frequency of updates, etc.
- Research projects should not be limited to a description
of the phenomena, legislation, structures or procedures
in place and their findings should aim to produce a
comparative analysis and, if possible, to include practical
proposals for improving criminal-law systems, prevention
work or, more generally, cooperation between police
and judicial practitioners. If statistical data or work
based on case studies is to be used, the applicant should
show that he/she will have access to the necessary information.
- Information (upgrading) and awareness-raising seminar
projects will be assessed in accordance with the number
of participants, the proportion of national/non-national
participants, participants from EU/non-EU countries
and the applicant's strategy to disseminate the results
of the project.
- For training, organisers should determine the number
of participants and where they come from in accordance
with the subject matter and the cooperation sought.
Account will be taken of the innovative nature and quality
of the programme proposed.
- Seminars and conferences aimed at presenting the state
of play in a particular field and enabling contacts
between professionals must, as far as possible, have
a strong multidisciplinary dimension and a very strong
European dimension. They will also have to take account
of the findings of work and the results of conferences
on similar topics, in order to avoid duplication and
provide real added value.
- A detailed programme of the seminar indicating the
subjects of the contributions, the participants' number
by country, their profile, the (names and) positions
of the speakers contacted and the way in which the seminars
form part of the activities and work programmes of the
applicant should be attached to the application for
funding; an evaluation questionnaire will have to be
completed by participants. The recipient must allow
one representative of the AGIS programme manager to
take part in the seminars, colloquia or conferences,
if so requested.
- Unless otherwise requested by the Commission, any
invitation, information, notice or publication of the
recipient relating to the project, including in the
case of conferences and seminars, must mention that
the project has received financial support from the
Commission as part of the AGIS programme.
- Any notice or publication by the recipient, in whatever
form and by whatever medium, including the internet,
must specify that it reflects the author's views and
that the Commission is not liable for any use that may
be made of the information contained in that notice
or publication.
- Grant recipients are required to make available to
the Commission the results, presented in a form that
is usable and suitable for their dissemination: manuals,
publications, videos, software, websites.
- Applicants should indicate how they intend to disseminate
the results of their project.
- The European Community has the task of promoting equality
between women and men and must aim in all its activities
to eliminate gender inequalities (Articles 2 and 3 of
the EC Treaty). In this context, women are particularly
encouraged either to submit proposals or to be involved
in their submission. As regards studies or research
projects, the Commission would also like to draw your
attention to the importance of a systematic breakdown
by sex of all statistics used and of an analysis of
the potentially different impact of policies on men
and women, even if they appear at first sight to be
gender neutral.
B. GENERAL INFORMATION ON FINANCING
Applicants are invited to consult the Commission's website
where they will find the necessary information for drawing
up their budget application: http://europa.eu.int/comm/justice_home/jai/prog_en.htm
Preliminary information is given below.
Any project financed under the 2003 budget must have
started before 31 December 2003. Project duration may
be up to two years maximum; if projects take longer
than one year, the recipient must submit an interim
report at the end of the first year and advance payments
will be made in several instalments.
Expenditure committed during the period laid down in
the contract can be financed up to 70 % maximum of the
total budget, except in the case of specific projects
and complementary measures.
If the number of applications pre-selected as specific
projects is higher than the budget available for such
projects, the Commission reserves the right to contact
the pre-selected organisations to assess whether the
project might receive a lower amount of funding than
requested.
The budget submitted must identify:
- under expenditure, eligible costs, indirect costs
(general project administration and support) and contributions
in kind; the latter are not considered as eligible costs
and cannot be covered by the grant but are taken into
account for calculating the rate of subsidy granted,
- under revenue, financial revenue (contributed by the
applicant, its partners, other sources of funding (grants,
participation fees), the amount requested from the Commission
and contributions in kind. Contributions in kind and
financial contributions must be clearly identified.
The financial contribution of the applicant organisation
and its partners shall be at least 20 % of the total
estimated budget for carrying out the project; contributions
in kind can be added so as to reach the minimum of 30
% of the total costs that has to be born by the beneficiary.
The maximum amount for indirect costs accepted in 2003
will be 3 % of eligible costs for authorities and public
bodies, whereas non governmental organisations can apply
for a maximum of 4 %. Indirect costs are paid as lump
sum for costs such as general administrative, infrastructure
and computer costs, personal for management of contract
and payments, communication (telephone/fax etc.) costs.
The applicant is required to indicate the type of costs
he/she intends to cover through the ‘indirect costs’.
If an application includes indirect costs, expenses
similar to the type of costs covered cannot be included
in another section of the budget as eligible costs.
Indirect costs do not need to be documented through
invoices when the final account is sent to the Commission.
On the contrary, the applicant can decide not to apply
for indirect costs and include an adequate estimate
for print and dissemination expenses in the estimate
budget. He/she will then have to justify these by invoices
when submitting the final account, and give evidence
that such invoices are attributable to the project.
Applicants must use the budget form made available by
the Commission, which can be found on the latter's website.
It is presumed that applicants will pre-finance projects.
The Commission may pay an advance on request, after
signature of the contract (see standard contract on
the website); final payment is subject to presentation
of supporting documents for expenditure.
Indicative breakdown of the programme's budget
Grant amounts will be distributed in a balanced way
between the various objectives, types of project and
target group. As a guide, the budget could be distributed
as follows:
1. Developing the European criminal judicial area; implementation
of European instruments to promote cross-border cooperation:
1,800 EUR million
2. Improving the professional skills of practitioners;
training, exchanges and placements: 4,300 EUR million
3. Developing methodologies, instruments and know-how
to support cooperation between authorities; networking:
1,200 EUR million
4. Promoting cooperation between the same type of authorities
and the exchange of information between departments:
1,000 EUR million
5. Developing multi-disciplinary strategies for cooperation
between police or judicial authorities and other non-governmental
authorities and organisations and the business sector:
0,800 EUR million
6. Research into strategies and techniques for fighting
particular types of crime; evaluation of the policies
pursued: 1,100 EUR million
7. Exchange of information and experience and dissemination
of best practice:0,800 EUR million
8. Co-financing of non-governmental organisations: 0,780
EUR million
Total 11,780
8. PRACTICAL INFORMATION
A. WHERE TO OBTAIN FORMS AND ADDITIONAL INFORMATION
AND HOW TO APPLY
Two separate forms exist, one for applications relating
to the priorities listed in sections 3A and 3B (projects)
and one for applications under section 6 (grants to
organisations). The forms can be downloaded from the
following website:
http://europa.eu.int/comm/justice_home/jai/prog_en.htm
The applicant shall complete the indicated fields and
send back the document on a diskette and in three paper
copies. Applications for direct subsidy to an organisation
(Article 3(5)) must be sent only by post, using the
form on the Commission's website (for the documents
to be attached, see section 6). The budget form should
not be used for this type of application. The financial
identification form is the same for both categories.
Applications sent on a modified application form or
on a previously used form, as well as forms completed
by hand will be disqualified.
B. DOCUMENTS TO BE SUBMITTED
1. Application for a grant to a project
The following documents must be submitted in triplicate:
- the application form duly completed in one of the
official languages of the European Community and signed
by the person authorised to enter into legally binding
commitments on behalf of the applicant (for information
on where to obtain the form, see section 8, practical
information),
- a summary of no more than one to two pages, in English
or French, outlining the project's objectives, background,
target groups, and expected results,
- a timetable for implementation of the project,
- in the case of studies and research, the CVs of those
responsible for carrying them out,
- a forward budget, dated and signed, presented on the
standard budget form for the programme, including a
detailed breakdown of expected expenditure and revenue
(the relevant budget form can be found on the Commission's
website).
A single copy of the following documents is required:
- the financial identification form, dated and stamped
by the bank,
- the applicant's articles of association or statutes
(in the case of associations),
- the latest financial statements (balance sheet, profit
and loss account), including audited accounts where
available (not requested from public authorities and
bodies).
2.Application for a grant to the activities of a
non-governmental organisation
The following documents must be submitted in triplicate:
- the application form, duly completed in one of the
official languages of the European Community and signed
by the person authorised to enter into legally binding
commitments on behalf of the applicant; any alterations
made to the form will disqualify the application,
- the annual activity programme for 2003 describing
the planned activities in detail,
- a report or description of the activities carried
out or being carried out by the organisation in 2001
and 2002,
- an organisation chart and a description of the tasks
of the staff, including the CVs of staff members responsible
for carrying out the activities,
- the forward budget for 2003 showing a detailed breakdown
of expected expenditure and revenue.
A single copy of the following documents is required:
- financial identification form, dated, signed and stamped
by the bank,
- a complete list of other donors,
- proof of an organised accounting system,
- the last financial statements (balance sheet; profit
and loss account, accounts audited by an external auditor),
- the applicant's articles of association or statutes
as relevant, allowing for verification that it is properly
constituted under the law,
- a document that the applicant organisation, its president
and its administrative and financial directors are not
in one of the positions listed in Article 93 and 94
of Council Regulation (EC) No 1605/2002 on the Financial
Regulation applicable to the budget of the European
Union (OJ L 248, 16.9.2002); if this document cannot
be provided with the application, it must be sent to
the Commission within five weeks after submitting the
application.
Applicants are free to provide any other documentation,
which they consider appropriate in support of their
application.
Applications which are incomplete or are submitted on
an altered form will not be considered.
C. DEADLINE FOR SUBMITTING APPLICATIONS
The deadline for submitting applications is 7 March
2003 (the postmark being taken as proof). They shall
be sent to the following address:
(a) Postal address
European Commission
Directorate-General for Justice and Home Affairs
Directorate B: Fight against crime and terrorism; enlargement,
external relations
Unit B5: Management of Title VI programmes (Treaty on
European Union)
For the attention of Mr Jean-Jacques Nuss
Office LX 46 3/159 B-1049 Brussels.
(b) In case of hand delivery or delivery by private
courier service:
Applications have to be submitted by 7 March 2003
before 16.00 (local time) to:
European Commission
Directorate-General Justice and Home Affairs
AGIS 2003 call for proposals
Office LX 46 3/159
Mail Department Rue de Genève 1
B-1140 Brussels-Evere.
The registered date and time of deposit or an acknowledgement
of receipt dated and signed by the responsible official
will serve as proof of the date of submission.
D. SEQUENCE OF WORK AND TIMETABLE
The Commission may contact applicants to request additional
information at any time prior to taking its final decision.
Failure to respond to such requests by the deadline
set may lead to disqualification of the application.
Applicants must take the necessary steps to ensure that
they can be contacted rapidly up to the end of the selection
process.
Where the Commission contacts an applicant, this does
not in any way constitute or reflect a pre-selection
of the proposal on the part of the Commission.
The Commission expects to complete pre-selection by
the end of May 2003. After consulting the committee
of representatives of the Member States set up by the
Decision establishing the programme, it will take its
final decision on the choice of projects at the beginning
of the summer. All applicants will be informed in writing
of the decision taken on their application by 31 July
2003 at the latest. The Commission will not give any
pre-information to applicants concerning the outcome
of the selection before the final decision has been
made.
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