Article 67(3) of the Treaty on the Functioning of the European Union (TFEU) declares as the European Union’s objective ensuring a high level of security within an area of freedom, security and justice.
To achieve this objective, enhanced actions at European Union level should be taken to protect people and goods from increasingly transnational threats and to support the work carried out by Member States’ competent authorities. Terrorism, organised crime, itinerant crime, drug trafficking, corruption, cybercrime, trafficking in human beings and firearms, inter alia, continue to challenge the internal security of the Union.
The Internal Security Strategy for the European Union (Internal Security Strategy), adopted by the Council in February 2010, constituted a shared agenda for tackling these common security challenges and identified the following relevant strategic objectives for 2010-2014: to disrupt international crime networks, to prevent terrorism and address radicalisation and recruitment, to raise levels of security for citizens and businesses in cyberspace and to increase Europe’s resilience in the face of crises and disasters.
To promote the implementation of the Internal Security Strategy and to ensure that it becomes an operational reality, the Internal Security Fund (ISF Police) was set up.
In April 2015 the European Commission adopted the European Agenda on Security (EAS) for the coming five years, which builds on the actions undertaken under the previous Internal Security Strategy, thus ensuring consistent and continued action. The EAS represents an effective and coordinated response at European level to new and complex threats and sets out how the European Union can bring added value to support the Member States in ensuring security. It has identified the following three priorities: tackling terrorism and preventing radicalisation, disrupting organised crime and fighting cybercrime.
On the basis of the EAS, the Council adopted in June 2015 the renewed European Union Internal Security Strategy 2015-2020 confirming tackling and preventing terrorism, radicalisation to terrorism and recruitment as well as financing related to terrorism, preventing and fighting serious and organised crime and preventing and fighting cybercrime as the main priorities for European Union's actions.
Legal basis of ISF Police are the following regulations:
- Regulation (EU) No 513/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Instrument for financial support for police cooperation, preventing and combating crime, and crisis management (OJ L 150 of 20 May 2014);
- Regulation (EU) No 514/2014 of the European Parliament and of the Council of 16 April 2014 laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (OJ L 150 of 20 May 2014).
The ISF Police Regulation sets out two specific objectives, respectively:
(i) crime prevention, combating cross-border, serious and organised crime including terrorism, and reinforcing coordination and cooperation between law enforcement authorities and other national authorities of Member States, including with Europol or other relevant Union bodies, and with relevant third countries and international organisations;
(ii) enhancing the capacity of Member States and the Union for managing effectively security-related risks and crises, and preparing for and protecting people and critical infrastructure against terrorist attacks and other security-related incidents.
In conformity with Regulation (EU) No 514/2014 Article 6.2, in order to implement the ISF Police, the Commission has adopted, on 27 September 2017, the 2017 Annual Work Programme for Union actions1, which includes this Call for Proposals.
The area without internal border control relies on the effective and efficient application by the Member States of accompanying measures in the area of cross-border police cooperation. The Schengen evaluations conducted so far in the field of police cooperation have highlighted that even though Member States are generally legally compliant with the Schengen acquis, a number of obstacles hamper the practical use of some of the cross- border police cooperation tools available to Member States. Member States should therefore be encouraged to tackle these obstacles to better address cross-border threats.
Joint police patrols and other existing tools of cross-border operational police cooperation contribute to internal security in the area without internal border controls. Joint patrols on board of cross-border trains, for instance, enhance security by preventing situations where the lack of symmetry in controls undermines the efforts taken on one side of the border only. A number of Member States have established practices which facilitate or allow for joint police operations to take place (for instance, the joint police stations which Germany and Poland have established at their border focussing on joint patrolling and other operations, or the micro-teams established for joint investigations at the Austrian-Czech border, joint train patrols in Austria, Germany, France, Italy, and Hungary, or the recruitment by German police of nationals from other Member States, in particular for patrolling in the border regions). Other Member States should be encouraged to follow these best practices.
According to the Recommendation of 12 May 2017 (C(2017) 3349 final) on proportionate police checks and police cooperation in the Schengen area, in order "To strengthen cross- border police cooperation in addressing threats to public policy or internal security, Member States should:
(a) re-assess the extent to which they currently use all available cross-border police operational cooperation tools such as joint patrols, joint operations, joint investigation teams, cross-border hot pursuits, or cross-border surveillances, Police and Customs Cooperation centres;
(b) work jointly with their neighbouring Member States to remove legal or operational barriers to the full use of all cross-border operational police cooperation tools;
(c) develop and implement, as appropriate, joint threat analysis and cross-border information exchanges with their neighbouring Member States to support joint actions to address threats to public policy or internal security in shared internal border areas, including through coordinated police checks in their internal border areas;
(d) assess the need for technical investments to enhance joint operations, notably for surveillance and detection".
Joint threat analysis and cross-border information exchange between Member States sharing border regions can help in improving police cooperation in those regions to address the identified threats. Such cooperation can cover the risks on specific cross- border traffic routes, as well as specific means of transportation often used in criminal activities, in order to allow for targeted joint interventions.
The main objectives of the present call is to finance projects aiming to support Member States - in particular those that currently have temporary border controls in place at some of their internal Schengen borders - in their efforts to make a fuller and more efficient use of the tools at their disposal to improve their cross-border operational cooperation measures with neighbour countries.
Projects should focus on making more effective use of cross-border operational cooperation mechanisms, including in internal borders areas, with the aim to assist in remedying threats to public security. The cross border cooperation mechanisms could be joint patrols in cross-border trains or other means of transport, joint operations, joint threat analysis, and enhanced cross-border information exchange, including through the use of interoperable communication means and the use of mobile technologies.
2. PRIORITIES OF THIS CALL FOR PROPOSALS
The present Call for Proposals aims at funding projects in the area of law enforcement aimed at strengthening cross-border police cooperation addressing threats to the EU's internal security.
This priority stems from implementing fully the Recommendation of the Commission of 12 May 2017 (C(2017) 3349 final) on proportionate police checks and police cooperation in the Schengen area, as recalled in the Commission Recommendation of 27.9.2017 on the implementation of the provisions of the Schengen Borders Code on temporary reintroduction of border control at internal borders in the Schengen area (C(2017)6560).
This call for proposals is addressed to transnational projects aiming at exchanging best practices, setting common procedures, joint procurement and deployment of necessary equipment, including funding operational meetings, innovative projects and test runs, investment in new technologies.
To meet this priority, projects must aim to ensure effective and adequate safeguards for protection of personal data and to achieve one or all of the following outcomes (specific objectives):
• Increase the use of cross-border police cooperation instruments such as joint patrols, joint operations, hot pursuits, surveillances, joint threat assessments, joint trainings, including through the use of existing or new technologies such as mobile telecommunication solutions provided to end-users.
Any action under this Call for Proposals shall respect and shall be implemented in line with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union. Applications should pay appropriate attention to the effects of the project on individual rights and freedoms, as well as to possible remedies. In addition, any action under this Call for Proposals should comply with all relevant ethical principles and all applicable international, EU and national law on ethical issues while carrying out the project.
a) Publication of the call
26 October 2017
b) Deadline for submitting applications
13 February 2018– 17:00 CET)
c) Evaluation period
February – April 2018
d) Information to applicants
e) Signature of Grant Agreement
f) Starting date of the action
4. BUDGET AVAILABLE
The total budget earmarked for the co-financing of projects is estimated at EUR 2 million. The Commission reserves the right not to distribute all the funds available.
5. ADMISSIBILITY REQUIREMENTS
Applications must be sent no later than the deadline for submitting applications referred to in section 3.
Applications must be submitted using the Electronic Submission System of the Participant Portal originally developed for the Horizon 2020 Research programmes.
Applications must be submitted using the standard Submission Form Part A and Part B. They must include all the mandatory information and be accompanied (if applicable) by the Audit Report2 Annexes.
Applications must be drafted in one of the EU official languages. English is preferred in order to speed up the evaluation procedure.
Projects cannot be scheduled to last more than 18 months.3 Applications for projects scheduled to run for a longer period will be rejected.
Failure to comply with these requirements will lead to the rejection of the application.
6. ELIGIBILITY CRITERIA
6.1. Eligible applicants and applications
In order to be eligible for a grant the applicant and co-applicants must:
a) Be a Member State participating in the ISF Police Regulation;
b) Proposals seeking EU co-funding of less than EUR 250.000 will be rejected.
Union agencies can be neither Applicants nor Co-applicants.
Affiliated entities, i.e. legal entities having a legal or capital link with Applicants, shall take part in the action as individual Co-applicants in order to declare eligible costs.
To prove these eligibility requirements, Applicants and Co-applicants will have to provide the relevant information and upload necessary documents showing their legal status in the Beneficiary Register. The information needs to be provided before the submission deadline.
6.2. Eligible activities
The following types of activities are eligible under this Call for Proposals:
7. EXCLUSION CRITERIA
Applicants will be excluded from participating in the Call for Proposals procedure and from the grant award if they are in any of the situations referred to in articles 131(4) of the EU Financial Regulation4, i.e. one of the following situations:
7.1. Exclusion from participation in the Call for Proposals
7.2. Exclusion from award
Applicants will not be granted financial assistance if, in the course of the grant award procedure, they:
(a) are subject to a conflict of interest in connection with the action;
(b) are guilty of misrepresentation in supplying the information required by the Commission as a condition of participation in the grant award procedure or fail to supply this information;
(c) find themselves in one of the situations of exclusion, referred to in section 7.1.
Administrative and financial penalties may be imposed on Applicants and Co-applicants who are guilty of misrepresentation.
8. SELECTION CRITERIA
8.1. Financial capacity
Applicants and Co-applicants must have stable and sufficient sources of funding to maintain their activity throughout the period during which the action is being carried out and to participate in its funding. Organisations participating in several projects shall have sufficient financial capacity to implement multiple projects.
Financial capacity check will be performed by the Research Executive Agency (REA). It will be assessed in line with the requirements of the Financial Regulation (EC) No 966/2012.
The documents that will be requested when assessing the financial capacity include (1) the profit and loss account and (2) the balance sheet for the last financial year for which the accounts were closed. For newly created entities the business plan may replace the above documents.
The financial documents must be uploaded in the Beneficiary Register when uploading the application package.
In case of low financial capacity, the Commission may decide the following:
- request further documents;
- request budget modifications / reallocations of costs;
- introduce interim payments based on interim reports;
- modify pre-financing percentage.
In case of insufficient financial capacity, the Commission may decide the following:
- request a change of Co-applicant;
- reject the application.
Financial Capacity assessment will not be carried out if:
- the Applicant or Co-applicant is a public body or an international organisation;
- the EU contribution requested by the Applicant or Co-applicant is ≤ EUR 60 000.
If the share of a grant requested by an organisation (Applicant or Co-applicant) exceeds EUR 750 000, this organisation must also provide an audit report produced by an approved external auditor certifying its accounts for the last closed financial year. This provision shall not apply to public bodies or to international organisations.
8.2. Operational capacity
Applicants and Co-applicants must have the professional competencies as well as appropriate qualifications necessary to complete the proposed action. This capacity shall be assessed based on the experience of the Applicants and each Co-applicant or, as an alternative, on the relevant experience of their directly involved employees.
As evidence, the following information must be provided in the Submission Form Part B of the proposal:
- general profiles (qualifications and experiences) of the staff primary responsible for managing and implementing the proposed action to be described under point 5.1.3,
The operational capacity assessment is not applicable to public bodies and international organisations.
9. AWARD CRITERIA
Eligible applications and their proposed action will be assessed on the basis of the following award criteria:
Maximum Points 30
2. Quality of the project
Maximum Points 20
3. Cost effectiveness
Maximum Points 20
4. European added value
Maximum Points 20
5. Expected results, dissemination, sustainability and long-term impact
Maximum Points 10
Maximum Points 100
Evaluation Step 1:
• Relevance: applications will be assessed on the extent to which they match the priorities and expected outcomes as identified in this Call for Proposals (section 2 above) and in the relevant EU strategic documents and/or action plans (section 1 above), and on whether the expected impact will be significant on the selected priority(ies) (30 points).
Applications receiving less than 21 points for the "relevance" criterion will not be evaluated further, i.e. will not go to Evaluation Step 2.
Evaluation Step 2:
Quality: applications will be assessed with regards to the appropriateness of their design and planned implementation, taking into account the envisaged activities, methodology, organisation of work and strategy for project management, evaluation and dissemination (20 points);
Cost-effectiveness: applications will be assessed with regards to whether the costs of the proposed action are adequate to the activities and proportionate to the expected results (20 points);
European added value: the project activities, outcomes and impact should have a broad EU relevance; applications will be assessed on whether a suitable number of countries is involved in the project activities and on whether the expected impact will concern a significant number of countries (20 points);
Expected results, dissemination, sustainability and long-term impact. (10 points).
Applications that pass the threshold of minimum 65 points will be considered for funding within the limits of the available budget.
10. LEGAL COMMITMENTS
The award of each grant is subject to the conclusion of a Grant Agreement in writing.
The coordinators of projects proposed for funding will be invited to engage in a grant agreement preparation process, which will be carried out via an online IT system (SYGMA). If successful, it will conclude with the signature of a Grant Agreement, drawn up in euro and detailing the conditions and level of funding.
The Grant Agreement must be signed electronically first by the coordinator on behalf of the consortium and then by the European Commission. All co-beneficiaries must accede to the Grant Agreement by signing electronically the accession form to the grant.
Please note, that if international organisations are involved in the application, no other specific clauses applicable to international organisations than the ones already included in the Model Grant Agreement will be added.
Please note that the award of a grant does not establish any entitlement for subsequent years.
11. FINANCIAL PROVISIONS
11.1 General Principles
An action may only receive one grant from the EU budget.
In no circumstances shall the same costs be financed twice by the Union budget. To
ensure this, applicants shall indicate the sources and amounts of Union funding received or applied for the same action or part of the action or for its functioning during the same financial year as well as any other funding received or applied for the same action (Submission Form Part B, section 6).
No grant may be awarded retrospectively for actions already completed. A grant may be awarded for an action which has already begun only where the Applicant can demonstrate the need to start the action before the Grant Agreement is signed. In any case, costs eligible for financing may not have been incurred prior to the date of submission of the grant application.
Co-financing means that the resources which are necessary to carry out the action may not be entirely provided by the EU grant.
Co-financing of the action may take the form of:
the Beneficiary's own resources,
income generated by the action, financial contributions from third parties.
The Budget Estimate of the action is to be included in the Application Form. It must have revenue and expenditure in balance and must be drawn up in euro.
Beneficiaries with general accounts in a currency other than the euro shall convert costs incurred in another currency into euro at the average of the daily exchange rates published in the C series of Official Journal of the European Union, determined over the corresponding reporting period.5 Where no daily euro exchange rate is published in the Official Journal of the European Union for the currency in question, conversion shall be made at the average of the monthly accounting rates established by the Commission and published on its website, determined over the corresponding reporting period.
Beneficiaries with general accounts in euro shall convert costs incurred in another currency into euro according to their usual accounting practices.
Where the implementation of the action requires the award of procurement contracts (implementation contracts), the Beneficiary must award the contract to the bid offering best value for money or the lowest price (as appropriate), avoiding conflicts of interests and retaining the documentation for the event of an audit. Detailed information on subcontracting is provided in the Guide for Applicants.
e) Financial support to third parties
The applications may not envisage provision of financial support to third parties. f) Non-profit rule
EU grants may not have the purpose or effect of producing a profit within the framework of the action. Profit shall be defined as a surplus of the receipts over the eligible costs incurred by the Beneficiary, when the request is made for payment of the balance. In this respect, where a profit is made, the Commission shall be entitled to recover the percentage of the profit corresponding to the Union contribution to the eligible costs actually incurred by the Beneficiary to carry out the action.
11.2. Maximum amount requested
The EU grant is limited to a maximum co-funding rate of 90% of the total eligible costs of the action.
Consequently, part of the total eligible expenses must be financed from sources other than the EU grant (see section 11.1.c).
11.3. Payment arrangements
A pre-financing payment corresponding to maximum 80% of the EU grant amount will be transferred to the Coordinator after the signature of the Grant Agreement by both parties and in accordance with its terms.
The Commission will establish the amount of the final payment to be made to the Coordinator on the basis of the calculation of the final grant amount. If the total of earlier payments is higher than the final grant amount, the Beneficiaries will be required to reimburse the amount paid in excess by the Commission through a recovery order.
12. PROCEDURE FOR THE SUBMISSION OF APPLICATIONS 12.1. How to apply
Proposals must be submitted by the deadline indicated in section 3 via the Electronic Submission System. The list of available calls can be found at the calls for proposals page.
Before submitting a proposal both the Applicant and Co-applicants must be registered via the Beneficiary Register and obtain the 9-digit Participant Identification Code (PIC) (one for each applicant).
In submitting a proposal, the Applicant accepts the procedures and conditions as described in this Call for Proposals and in the documents to which it refers.
No modification of the application is allowed once the deadline for submission has elapsed. However, if there is a need to clarify certain aspects or for the correction of clerical mistakes, the Commission may contact the Applicant for this purpose during the evaluation process6.
Applicants will be informed in writing about the results of the evaluation process.
12.2. Related documents
The following documents are available via the Electronic Submission System: — Applicationform(SubmissionFormPartAandPartB)
— Required annex –Audit Report7 if applicable
12.3. Applications for several projects
The Applicant may submit more than one application under this call for proposals. The Applicant may be awarded more than one grant under this call for proposals. An organisation may participate as Applicant or Co-applicant in several applications.
12.4. Several applications for the same project
Only one application will be accepted and evaluated for any given project. In case there are several applications for the same project, the Applicant will be asked to clarify which application shall be evaluated.
An action may receive only one grant from the EU budget.
For questions on the online submission tools, please contact the IT helpdesk set-up for this purpose via the Participant Portal website.
Non-IT related questions shall be sent to the following email address: HOME- ISF@ec.europa.eu . In order to ensure an efficient handling of any enquiry please indicate clearly the reference of this Call for Proposals.
Questions will be answered as soon as possible. Questions received later than 7 calendar days before the deadline for submitting applications will not be answered. In the interest of equal treatment of applicants, the Commission cannot give a prior opinion on the eligibility of applicants or actions or on the outcome of the Call for Proposals before the official announcement of results.
Applicants are advised to consult the Call's website regularly. The Commission will publish at this website any additional information relevant to the Call, such as responses to frequently asked questions (if appropriate) and the results of the selection procedure.
13.1. By the Beneficiaries
Beneficiaries must clearly acknowledge the European Union’s contribution in all publications or in conjunction with activities for which the grant is used. Please refer to the Grant Agreement for more details.
13.2. By the Commission
All information relating to grants awarded in the course of a financial year shall be published on an internet site of the European Union institutions no later than the 30 June of the year following the financial year in which the grants were awarded. The Commission will publish the following information:
- name and address of the beneficiary,
- subject of the grant,
Upon a reasoned and duly substantiated request by the Beneficiary, the publication shall be waived if such disclosure risks threatening the rights and freedoms of individuals concerned as protected by the Charter of Fundamental Rights of the European Union or harm the commercial interests of the beneficiaries.
14. DATA PROTECTION
The reply to any call for proposals involves the recording and processing of personal data (such as name, address and CVs of individuals participating in the co-financed action). Such data will be processed pursuant to Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. Unless indicated otherwise, the questions and any personal data requested in order to evaluate the application in accordance with the specifications of the Call for Proposal will be processed solely for that purpose by the Commission or third parties acting on behalf and under the responsibility of the Commission. Data subjects may be informed regarding further details of the processing operations, their rights and how they may be enforced by referring to the privacy statement published in the Legal Notice page of the Participant Portal.
Applicants are invited to check the relevant privacy statement at regular intervals so as to be duly informed on possible updates that may occur by the deadline for submission of their proposals or afterwards. Beneficiaries assume the legal obligation to inform their staff on the relevant processing operations that are to be performed by the Research Executive Agency; in order to do so, they have to provide them with the privacy statements published by the Agency in the Participant Portal before transmitting their data to the Agency. Personal data may be registered in the Early Detection and Exclusion System (EDES) of the European Commission provided for in Articles 105a and 108 of the EU Financial Regulation according to the applicable provisions.
15. MEANS OF REDRESS
If, at any stage of the administrative treatment of grant applications, the persons or entities concerned consider that they have been affected by an instance of maladministration, they may, irrespective of any other means of redress, make a complaint to the European Ombudsman in accordance with Article 228(1) of the Treaty on the Functioning of the European Union and as provided by the Parliament Decision of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties published in Official Journal L 113 of 4 May 1994.