CHAPTER IIFINANCIAL AND IMPLEMENTATION FRAMEWORK

Article 5Global resources and implementation1.

The global resources for the implementation of the Instrument shall be EUR 1 004 million in current prices.

Annual appropriations shall be authorised by the European Parliament and the Council within the limits of the multiannual financial framework.

The global resources shall be implemented through the following means:

(a)

national programmes, in accordance with Article 7;

(b)

Union actions, in accordance with Article 8;

(c)

technical assistance, in accordance with Article 9;

(d)

emergency assistance, in accordance with Article 10.

The budget allocated under the Instrument to Union actions referred to in Article 8 of this Regulation, to the technical assistance referred to in Article 9 of this Regulation and to the emergency assistance referred to in Article 10 of this Regulation shall be implemented under direct management and indirect management in accordance, respectively, with points (a) and (c) of Article 58(1) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council

Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

The budget allocated to the national programmes referred to in Article 7 of this Regulation shall be implemented under shared management in accordance with point (b) of Article 58(1) of Regulation (EU, Euratom) No 966/2012.

Without prejudice to the prerogatives of the European Parliament and the Council, the global resources shall be used as follows:

(a)

EUR 662 million for the national programmes of Member States;

(b)

EUR 342 million for Union actions, emergency assistance and technical assistance at the initiative of the Commission.

Each Member State shall allocate the amounts for national programmes indicated in Annex III as follows:

(a)

at least 20 % for actions relating to the specific objective referred to in point (a) of the first subparagraph of Article 3(2); and

(b)

at least 10 % for actions relating to the specific objective referred to in point (b) of the first subparagraph of Article 3(2).

Member States may depart from those minimum percentages provided that an explanation is included in the national programmes as to why allocating resources below that level does not jeopardise the achievement of the relevant objective. That explanation will be assessed by the Commission in the context of its approval of national programmes as referred to in Article 7(2).

Jointly with the global resources established for Regulation (EU) No 515/2014, the global resources available for the Instrument, as established in paragraph 1 of this Article, constitute the financial envelope for the Fund and serve as the prime reference, within the meaning of point 17 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, for the European Parliament and the Council during the annual budgetary procedure.

Article 6Resources for eligible actions in the Member States1.

EUR 662 million shall be allocated to the Member States as follows:

(a)

30 % in proportion to the size of their total population;

(b)

10 % in proportion to the size of their territory;

(c)

15 % in proportion to the number of passengers and 10 % to the tons of cargo processed through their international air and sea ports;

(d)

35 % in inverse proportion to their gross domestic product (purchasing power standard per inhabitant).

The reference figures for the data referred to in paragraph 1 shall be the latest statistics produced by the Commission (Eurostat), on the basis of data provided by Member States in accordance with Union law. The reference date is 30 June 2013. The allocations for national programmes calculated on the basis of the criteria referred to in paragraph 1 are set out in Annex III.

Article 7National programmes1.

The national programme to be prepared under the Instrument and the one to be prepared under Regulation (EU) No 515/2014 shall be proposed to the Commission as one single national programme for the Fund, in accordance with Article 14 of Regulation (EU) No 514/2014.

Under the national programmes to be examined and approved by the Commission pursuant to Article 14 of Regulation (EU) No 514/2014, Member States shall, within the objectives referred to in Article 3 of this Regulation, pursue in particular the strategic Union priorities listed in Annex I to this Regulation, taking account of the outcome of the policy dialogue referred to in Article 13 of Regulation (EU) No 514/2014. Member States shall not use more than 8 % of their total allocation under the national programme for the maintenance of Union IT systems and national IT systems contributing to the achievement of the objectives of this Regulation and not more than 8 % for actions in relation to or in third countries which implement the strategic Union priorities listed in Annex I to this Regulation.

The Commission shall be empowered to adopt delegated acts in accordance with Article 11 to amend, add or delete strategic Union priorities listed in Annex I to this Regulation.

Article 8Union actions1.

At the Commission’s initiative, the Instrument may be used to finance transnational actions or actions of particular interest to the Union (‘Union actions’) concerning the general, specific and operational objectives referred to in Article 3.

To be eligible for funding, Union actions shall be consistent with the priorities and initiatives identified at Union level, in particular those that have been endorsed by the European Parliament and the Council, in relevant Union strategies, policy cycles, programmes, threat and risk assessments, and support in particular:

(a)

preparatory, monitoring, administrative and technical activities, and the development of an evaluation mechanism required to implement the policies on police cooperation, preventing and combating crime, and crisis management;

(b)

transnational projects involving two or more Member States or at least one Member State and one third-country;

(c)

analytical, monitoring and evaluation activities, including threat, risk and impact assessments, which are evidence based and consistent with priorities and initiatives identified at Union level, in particular those that have been endorsed by the European Parliament and the Council and projects monitoring the implementation of Union law and Union policy objectives in the Member States;

(d)

projects promoting networking, public-private partnerships, mutual confidence, understanding and learning, identification and dissemination of best practices and innovative approaches at Union level, training and exchange programmes;

(e)

projects supporting the development of methodological, notably statistical, tools and methods and common indicators;

(f)

the acquisition, maintenance and/or further upgrading of technical equipment, expertise, secure facilities, infrastructures, related buildings and systems, especially ICT systems and their components at the Union level, including for the purpose of European cooperation on cyber security and cybercrime, notably the European Cybercrime Centre;

(g)

projects enhancing awareness of Union policies and objectives among stakeholders and the general public, including corporate communication on the political priorities of the Union;

(h)

particularly innovative projects developing new methods and/or deploying new technologies with a potential for transferability to other Member States, especially projects aiming at testing and validating the outcome of Union funded security research projects;

(i)

studies and pilot projects.

Within the objectives referred to in Article 3, the Instrument shall also support actions in relation to and in third countries, and in particular the following:

(a)

actions improving police cooperation and coordination between law enforcement authorities and, where applicable, international organisations, including joint investigation teams and any other form of cross-border joint operation, access to and exchange of information and interoperable technologies;

(b)

networking, mutual confidence, understanding and learning, identification, exchange and dissemination of know-how, experience and best practice, information sharing, shared situation awareness and foresight, contingency planning and interoperability;

(c)

acquisition, maintenance, and/or further upgrading of technical equipment, including ICT systems and their components;

(d)

exchange, training and education of staff and experts of relevant authorities, including language training;

(e)

awareness raising, dissemination and communication activities;

(f)

threat, risk and impact assessments;

(g)

studies and pilot projects.

Union actions shall be implemented in accordance with Article 6 of Regulation (EU) No .514/2014.

Article 9Technical assistance1.

At the initiative of and/or on behalf of the Commission, the Instrument may contribute up to EUR 800 000 annually for technical assistance to the Fund, in accordance with Article 9 of Regulation (EU) No .514/2014.

At the initiative of a Member State, the Instrument may finance technical assistance activities, in accordance with Article 20 of Regulation (EU) No 514/2014. The amount set aside for technical assistance shall not exceed, for the period 2014-2020, 5 % of the total amount allocated to a Member State plus EUR 200 000.

Article 10Emergency assistance1.

The Instrument shall provide financial assistance to address urgent and specific needs in the event of an emergency situation, as defined in point (j) of Article 2.

Emergency assistance shall be implemented in accordance with Articles 6 and 7 of Regulation (EU) No 514/2014.