eunbil · GT0N1595 · 2006-07-14 00:00:00 — The three draft legal instruments necessary for the future (SIS II) were adopted by the Commission on 31 2005 . The purpose of the three proposals is to describe operation and use of SIS II. The 1-2 reached a general approach on operation and use of the second generation (SIS II). Parliament is to issue its opinion. In October 2005 Parliament rapporteur presented to two working documents explaining the existing SIS I and the changes proposed by the Commission. In Economic and endorsed the Vehicle Registration Regulation . - of an integrated management system for external borders 2.8. (g) "Handbook for border guards" (after adoption of the Community code on the rules governing the movement of persons across borders) The proposal for a Regulation of Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), subject to the co-decision procedure, was presented by the Commission on 26 2004 . It aims at consolidating, clarifying and developing the acquis on crossing the external and internal borders. After intensive discussions between the three institutions, a political agreement on a well-balanced text was reached in 2005. Parliament voted unanimously in favour of the agreed text on 23 2005. The text was formally adopted by 2006. The handbook for border guards is expected to be finalised in the course of 2006. - Partial application of the Schengen acquis 2.8. (j) Adoption of a Council Decision on the partial implementation of the Schengen acquis (SIS) by the Council 2005 ( Delayed Decision depends on the technical preparations to be carried out by the , which have not yet been finalised. - Coherent approach and harmonised solutions in the EU on biometric identifiers and data 2.8 (k) Proposal modifying the Common Consular Instructions concerning standards and procedures for taking biometric data, including the obligation to provide such data and specifying the exceptions to this obligation Commission 2005 ( Achieved The proposal for a Regulation of Parliament and of the Council amending the Common Consular Instructions on visas for diplomatic missions and consular posts in relation to the introduction of biometrics including provisions on the organisation of the reception and processing of visa applications was adopted by the Commission on 31 2006. (l) Preparation for the development of minimum standards for national From 2005 onwards ( Achieved Several expert meetings were organised to work on the development of minimum standards, the interoperability of electronic signatures and the issuing procedures. Conclusions in the form of a resolution by the representatives of Member States meeting within the Council were adopted by the of . A detailed document on minimum security standards for ID should be transmitted to the Council in the 1st half of 2006. (m) Preparation for the development of minimum standards for sector-specific ID-cards, if appropriate Council From 2005 onwards On the Council adopted the Decision authorising Member States to ratify, in the interests of Community, the Seafarers" Identity Documents Convention of the (Convention 185) . The Convention has already been ratified by () and (30 2005). (o) Communication on enhanced synergies between SIS II, VIS and Eurodac Commission 2005 (Hague Programme) - 2006 (Hague Action Plan) ( Achieved On Commission adopted a Communication to the Council and Parliament on improved effectiveness, enhanced interoperability and synergies among European databases in the area of and Home Affairs . presents different scenarios that can be considered, but does not prejudge the outcome of an essential in-depth debate which should cover aspects such as the overriding need to preserve the delicate balance between the measures envisaged and the protection of fundamental rights (with special reference to the protection of personal data), as embodied in Convention on Human Rights and the EU Charter of Fundamental Rights. VISA POLICY, INCLUDING THE DEVELOPMENT OF THE VISA INFORMATION SYSTEM (VIS) (a) Meetings with third countries of the positive visa list in order to ensure visa-free for citizens of the Member States to all those third countries in the context of the new reciprocity mechanism soon to be adopted Commission (Ongoing, to be combined with the review of the visa list) The new reciprocity mechanism was adopted by 2005 . Meetings were held with all third countries concerned up until mid-December 2005. The report from the Commission to waiver reciprocity with certain third countries was adopted on 10 January 2006 . This report is a formal part of the visa reciprocity mechanism introduced by Council Regulation No 851/2005. adopted conclusions on the report and the possible follow-up to it on 21 February 2006. The dialogue is to be continued to solve remaining cases of non-reciprocity. The Commission is to present a new report in 2006. (b) Proposals relating to the necessary amendments to further enhance visa policies and the of common application centres for visas Commission 2005 (Hague Action Plan) - 2006 (Hague Programme) The proposal on a Community Code on visas, aiming at "recasting" the Common Consular Instructions, is being prepared. It is expected to be submitted in 2006, as required in the Hague Programme. (c) Regular review of the visa list (Regulation (EC) No 539/2001) Commission Regular Commission proposal for a Council Regulation amending Regulation No 539/2001 to be adopted in the first half of 2006. (d) Proposal on visa facilitation procedures for members of the Olympic Family 2006 Commission 2005 ( Achieved The Commission presented a proposal on which was then adopted by the co-decision procedure by Parliament (vote in plenary on ) and the Council on . (e) Report on the implementation of Regulation (EC) No 1295/2003 "Visa facilitation procedures for members of the Olympic Family 2004" Commission 2005 ( Achieved The Commission adopted its report on 11 2005 . (f) Proposal amending the Common Consular Instructions on visa fees Commission 2005 Delayed Proposal delayed due to discussion of the French initiative on increasing visa fees, finally agreed upon at and endorsed by 1-2 . 2.9 (g) Proposals on transit Commission 2005 ( Achieved On 22 2005 the Commission presented proposals for a decision of Parliament and the Council (1) establishing a simplified regime for the control of persons at the external borders based on the unilateral recognition by the , , , , , , , , and of certain documents as equivalent to their national visas for the purposes of transit through their territories and (2) establishing a simplified regime for the control of persons at the external borders based on the unilateral recognition by the Member States of certain permits issued by and for the purpose of transit through their territory . reached agreement in first reading and the texts were finally adopted under the co-decision procedure on 14 2006 . (h) Recommendation for negotiating directives for visa waiver agreements between the EC and third countries on the conditions to move freely within the Union for a period between three and six months Commission 2005 - ongoing Delayed Only the Constitution can provide the necessary legal basis. (i) Adoption of a proposal establishing a regime on local border traffic Commission 2005 ( Achieved On 23 February 2005 the Commission presented a proposal laying down rules on local border traffic at the external land borders of the Member States and amending the Schengen Convention and the Common Consular Instructions , on which political agreement under the co-decision procedure was reached in first reading on 14 February 2006. Formal adoption is expected in the course of 2006. (j) Report on the operation of the transit scheme Commission 2005 Postponed to 2006 Regulation 693/2003 establishing a specific Facilitated Transit Document (FTD), a Transit Document (FRTD) and amending the Common Consular Instructions and the and Regulation 694/2003 on uniform formats for FTD and FRTD have established specific, optional rules for the transit of persons between and mainland : no transit visa is required, only an FTD or FRTD to be issued in accordance with simplified procedures. Regulation 693/2003 requires the Commission to present a report to Parliament and functioning of the FTD and FRTD transit scheme at the latest three years after the entry into force of the decision of one Member State () to apply this scheme. The Commission will present this report in 2006. (k) facility Commission/ Ongoing (2004-2006 programme) 2.9. (l) Schengen facility for seven Member States Commission/7 beneficiary Member States Ongoing (2004-2006 programme) 2.9. (m) Specific recommendations for negotiating directives on visa facilitation on a case by case basis with third countries in the context of the EC readmission policy, where possible and on the basis of reciprocity, with a view to developing a real partnership on migration management issues Commission 2005 to 2009 Negotiations on an agreement between Community and facilitation of issue of short-stay visas have been concluded. The draft agreements on visa facilitation and on readmission were symbolically initialled on 13 October 2005. They were formally initialled at the beginning of 2006. Signature occurred on 25 2006. Parliament will be consulted. On 26 2005 the Commission adopted a recommendation to the Council to authorise the Commission to open negotiations for the conclusion of an agreement between Community and on the facilitation of issue of short-stay visas. The negotiating directives were adopted by the Council on . The negotiations on a visa facilitation agreement with were launched on in parallel with the ongoing negotiations for an readmission agreement. Subsequent rounds of negotiation took place on 24-25 January and 27 February. Signature and conclusion may occur in 2006. - Framework Programme "Security and Safeguarding Liberties" under the new Financial Perspectives (2005) 3. (a) Proposal for a decision establishing a specific Programme on "Prevention of and fight against crime" Commission 2005 ( Achieved The proposal was adopted by the Commission on . The 1-2 2006 reached a general approach on the text. The opinion of Parliament is expected after 2006 Summer time. (b) Proposal for a decision establishing a specific programme on "Prevention, preparedness and consequence management of terrorism" Commission 2005 ( Achieved The proposal was adopted by the Commission on . The 1-2 2006 reached a general approach on the text. The opinion of Parliament is expected after 2006 Summer time. SHARING OF INFORMATION AMONG JUDICIAL AUTHORITIES WHILE STRIKING THE PRIVACY AND SECURITY (a) Adoption of a legislative instrument on the retention of data processed in connection with the provision of public electronic communication services for the detection, investigation and prosecution of criminal offences Council/ Parliament 2005 ( Achieved On the basis of the Commission proposal of , a political compromise was reached at the and duly endorsed by Parliament on . The Directive was formally adopted by 2006 , after receipt of Economic and Social Committees opinion . - Availability principle and protection of personal data 3.1. (b) Proposal on the of a principle of availability of law enforcement relevant information Commission 2005 ( Achieved The Commissions proposal for a Framework Decision on the exchange of information under the principle of availability was adopted on 12 October 2005 and was discussed in the on . (c) Proposal on adequate safeguards and effective legal remedies for the transfer of personal data for the purpose of and judicial cooperation in criminal matters Commission 2005 ( Achieved The Commissions proposal for a Council Framework Decision on the protection of personal data processed in the framework of and judicial cooperation in criminal matters was adopted on 4 October 2005 and is being discussed in the Council. Parliament is to be consulted and the EDPS gave an opinion on . 3.1 (d) Adoption of a proposal for a Framework Decision on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the 2005 ( Achieved reached political agreement in based on the Swedish legislative initiative of 4 2004. This should be put forward for adoption in the course of 2006. Parliament gave its opinion on 7 2005 . (h) Implementation of the principle of availability, concerning the following area: - DNA Commission 2005 Postponed to 2006 The proposal for a Council Decision on the exchange of DNA data has been postponed to 2006 following the presentation on 12 October 2005 and subsequent debate on the Framework Decision on the exchange of information under the principle of availability. (k) Definition of a policy for a coherent approach on the development of information technology to support the collection, storage, processing, analysis and exchange of information Commission 2005 ( Achieved from the Commission to databases was a24 . - Exchange of data on PNR 3.1. (l) Proposal concerning a common EU approach to the use of passenger data for border and security and other law enforcement purposes Commission 2005 Delayed The Commissions proposal is being prepared, and will need to be updated in view of the judgment of the Court of of 30 2006 in cases C-317/04 and C-318/04 3.1. (m) Joint review on the () Agreement with the Commission 2005 ( Achieved A two-day joint review took place on 20 and in . The report was finalised on . (n) Completion of negotiations of PNR agreements with and (2005), and with other countries if necessary 2005 ( Achieved Following the Commissions proposal dated 19 2005 , the negotiations with were completed with the adoption of the Agreement on 18 2005 and Commission Adequacy Decision on . The agreement entered into force on 22 2006. The consequences of the 30 2006 ruling of the Court of in the US PNR case will be taken into full account. Formal negotiations with started on after exploratory talks . The consequences of the 30 2006 ruling of the Court of in the US PNR case will be taken into full account. The Commission adopted on 16 2006 two initiatives to put a legally sound framework in place for the transfer of PNR data to the . These initiatives are the first European answers to correct the legal basis for the Agreement with the US that was struck down by Court of on 30 2006. The Court ruled that the Article 95 EC-Treaty was not an appropriate legal basis for the transfer of PNR data which are essentially aiming to ensure public security and activities by public authorities in areas of criminal law. Negotiations with other countries have not yet started. (o) Definition of international guidelines ensuring a high degree of protection of privacy for access to PNR data in the framework of the () The adopted international guidelines on PNR data on 9 2005, taking into account the proposals from the Commission . These guidelines came into force on 11 2005. A circular based on the decision of the management board will be published in 2006. - Further development of an overall approach to combat terrorism 3.2. (a) Further implementation of the EU Action Plan on Combating Terrorism Commission/ Council/ Parliament The Commission adopted: - the Decision on financing a on the "Fight Against Terrorism" on ; - the decision on the use of VIS by authorities responsible for internal security on ; - the revised Action Plan on Terrorism on . (c) Reinforcement of cooperation between the competent authorities to combat terrorism through the development of specialised contact points in Member States, which will have access to all necessary information and intelligence with respect to terrorist activities involving persons, groups or entities Commission/ Council 2005 ( Achieved 1) Decision 2005/671/JHA on the exchange of information and cooperation concerning terrorist offences, adopted by the Council on , based on the Commission proposal of 29 2004 and the opinion of Parliament of 7 2005, provides for the of contact points regarding terrorist criminal offences. 2) With a view to cooperation in the field of intelligence, on the Commission presented a proposal for a Council Decision on the transmission of information emerging from the activities of security and intelligence services with respect to terrorist offences , which was transmitted to the Council and Parliament. (d) Examination of the necessity and feasibility of the setting-up of a European law enforcement network () for the fight against terrorism (2005) Commission/ Council 2005 ( Achieved Member States have been asked to provide comments concerning a general approach to the creation of the . Comments have been received and will serve as a basis for further discussions. (e) Communication on greater security of explosives, bomb-making equipment Commission 2005 ( Achieved was adopted on 18 2005 . The first important follow-up will be a conference organised by the Commission bringing together all major stakeholders to brainstorm on a long-term plan for making explosives more secure (scheduled for the first half of 2006). (f) Communication of the Commission on violent radicalisation and strategy of and recruitment Commission 2005 ( Achieved , dated 20 October 2004 , served as a basis for the Council strategy on terrorist recruitment addressing the factors contributing to violent radicalisation proposed on , which was endorsed by the 1-2 December 2005 and adopted by the of . (l) Build capacity in third countries to fight terrorism and appropriate on counter-terrorism in the agreements to be concluded by EU/EC with third countries Commission The Commission is sustaining institutional/capacity-building measures in third countries in the fields of , freedom and security which, at the same time, contribute to fighting against terrorism (e.g. , , money-laundering, etc.). A standard counter-terrorism is systematically part of all agreements under negotiation or to be concluded and of Neighbourhood Policy Action Plans . (m) Develop public/private partnerships to improve the prevention and the fight against terrorism Commission A sector-specific public/private partnership was launched by a conference held on 28 and on detection and associated technologies. Cooperation in the form of public/private partnership is also continuing as part of the work on protection of critical infrastructure and intensive cooperation is expected in the second half of 2006.The conference on security of explosives scheduled for the first half of 2006 will also be a sector-specific initiative as part of a general policy being developed in the field of Public/Dialogue (PPSD). A on general public/private cooperation in the fight against organised crime and terrorism is scheduled for the second half of 2006. - Review and adaptation of EU legislation in parallel with measures to be adopted in order to combat terrorism 3.2 (n) Second report based on Article 11 of the Council Framework Decision of on combating terrorism Commission 2005 Delayed Adoption had to be postponed, due to lack of information and of notification of legislative texts by Member States. PREVENTION OF AND FIGHT AGAINST ORGANISED CRIME (a) Communication on developing a strategy on tackling organised crime Commission 2005 ( Achieved The Commission adopted its Communication "Developing a strategic concept on tackling organised crime" on 2 2005 . identifies five areas of priority action in the field of organised crime: knowledge, prevention, cooperation and information exchange among law enforcement agencies, development of legislation and cooperation with third countries and international organisations. Progress on these legislative or non-legislative initiatives should be described in the mid-term implementation report to be presented by the Commission in 2007. - Improve the knowledge of organised and serious crime and strengthen the gathering and analysis of information 3.3. (b) Communication on an action plan EU crime statistics Commission 2005 Postponed to 2006 will probably be adopted in the second quarter of 2006. (c) Commission working paper on criminal intelligence-led law enforcement Commission 2005 Delayed The working paper has been delayed. - Strengthen prevention of organised crime 3.3. (g) Crime-proofing of legislation and the design of crime preventive measures into products and services Commission 2005 Delayed The initiative has been delayed. (h) Report on the results of a study further to the Council resolution of 2001 on the contribution of civil society in finding missing or sexually exploited children Commission 2005 Postponed to 2006 The draft report is being prepared. Adoption postponed to 2006. - Strengthen tools to address financial aspects of organised crime 3.3. (n) Initiatives to promote use of financial investigation as a law enforcement technique and to establish common minimum training standards Commission 2005-2007 Commission departments are working to establish minimum training standards for financial investigation. A recommendation may be considered for 2007. (o) Common set of training standards in financial investigation skills Commission 2005 Delayed See above - this is part of the Commission initiative mentioned. (r) Promotion of the of criminal asset intelligence units in EU Member States Commission/ Council Continuous The Commission is continuously promoting the of such units. A Council decision is planned on this issue. - Improve legislation and review existing legal instruments where needed 3.3. (b) Legislative package on the fight against counterfeiting Commission/ Council/ Parliament 2005 ( Achieved A proposal for a Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights and a proposal for a Framework Decision to strengthen the criminal law framework to combat intellectual property offences was presented by the Commission on 12 2005 . The Commission then presented an amended proposal for a Directive on , taking account of the judgment of the Court of (Case C-176/03) . The proposals are currently being discussed in the Council. (c) Communication on trafficking in human beings Commission 2005 ( Achieved was adopted on 18 October 2005 . It followed the "EU plan on best practices, standards and procedures for combating and preventing trafficking in human beings", adopted by the of . In accordance with the main objectives of this Communication, in the Council adopted an action plan that will be the platform for further action at EU level. (g) Comparative study to evaluate the need for instruments to combat activities of organised crime related to fiscal fraud within EU Member States and acceding and candidate countries Commission 2005 ( Achieved The study was finalised on 10 October 2005 . - Improve monitoring and evaluation 3.3. (l) Second report based on Article 6 of the Council Framework Decision of 26 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime Commission 2005 ( Achieved The report was adopted on 21 February 2006 . (m) Second report based on Article 14 of the Council Framework Decision of 28 2001 combating fraud and counterfeiting of non-cash means of payment Commission/ Council 2005 ( Achieved The report was adopted on 20 February 2006 . (n) Implementation report framework Decision "Private sector corruption" Commission/ Council 2005 Postponed to 2006 The implementation period ended on 22 2005. The Commission"s report to the Council was postponed to 2006 pending contributions from all Member States. It is now scheduled for the first half of 2006.