L 19318 Official Journal of the European Union 25.7.2007 DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL DECISION No 878/2007/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 July 2007 amending and extending Decision No 804/2004/EC establishing a Community action programme to promote activities in the field of the protection of the Community’s financial interests (Hercule II programme) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European interests, and to achieve the objectives of the Hercule programme for the period 2004 to 2006. Community, and in particular Article 280 thereof, (4)  Article 7(a) of Decision No 804/2004/EC of the European Parliament and of the Council () requires the Commission to present to the European Parliament and Having regard to the proposal from the Commission the Council a report by the European Anti-Fraud Office ’ (OLAF) on the implementation of the Hercule programme and the appropriateness of continuing it. The conclusions of this report state that the objectives Having regard to the opinion of the Court of Auditors (1), set by the Hercule programme have been achieved. The report also recommends that the programme be extended for the period 2007 to 2013. Acting in accordance with the procedure laid down in Article 251 of the Treaty (?), (5)  In order to consolidate the activities of the Community and the Member States in the field of the protection of Whereas: the Community’s financial interests, including the fight against cigarette smuggling and counterfeiting, the new programme should cover all operational expenditure (1) The Community and the Member States have set them- relé,lti.ng to the .Commiss.ion’s (OLAFs) general anti-fraud selves the objective of countering fraud and any other activities in a single basic act. illegal activities affecting the Community’s financial interests, including cigarette smuggling and counter- feiting. All available means must be deployed to attain that objective, whilst maintaining the current di.stribution (6)  The awarding of grants and public procurement contracts and balane of responsibilities between the national and to promote and implement the programme must be Community levels. carried out in accordance with the provisions of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the (2)  Activities with the purpose of providing better infor- general bquet of the European Communities () and.its mation, carrying out studies and providing training or implementing rules. It is appropriate to exclude operating technical ~ assistance  contribute  significantly  to grants from the programme as they have not been used improving the protection of the Community’s financial to support initiatives in the past. interests. (3)  Support for such initiatives in the form of grants has (7)  Acceding countries and candidate countries should be made it possible in the past to enhance the activities of the Community and the Member States in terms of coun- tering fraud and protecting the Community’s financial () O] C 302, 12.12.2006, p. 41. (%) Opinion of the European Parliament of 13 February 2007 (not yet able to participate in the Hercule II programme, on the basis of a memorandum of understanding to be drawn up in accordance with the respective framework agreements. () O] L 143, 30.4.2004, p. 9. published in the Official Journal) and Council Decision of 28 June () OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation 2007. (EC, Euratom) No 1995/2006 (O] L 390, 30.12.2006, p. 1).