eunbil · GT0N1595 · 2006-07-14 00:00:00 — (o) Report on the implementation of the framework Decision of 27 January 2003 on protection of the environment through criminal law Commission/ Council 2005 No longer relevant Action became irrelevant following the annulment of the Framework Decision by Court of on (case C-176/03). The Commission intends to use the information communicated by the Member States so far as a basis for further improvement of its proposal for a Directive replacing the Framework Decision. (a) Implementation and evaluation of the work programme concerning customs cooperation approved by 2004 following the Council Resolution of 2 October 2003 on a strategy for customs cooperation Council 2004-2006 took note of the mid-term review on . A final report will be presented to the Council at the end of 2006. - Improvement of law enforcement cooperation and development of the Schengen acquis in respect of cross-border operational law enforcement cooperation 3.4. (d) Follow-up to the Communication and proposal on improvement of law-enforcement cooperation in particular at the internal borders between Member States Commission 2005 ( Achieved On 18 2005 the Commission adopted a proposal for a Council Decision on the improvement of cooperation between the Member States of Union, especially at the internal borders, and amending the Convention implementing the Schengen Agreement . Monthly meetings of the cooperation working group are being held. (e) Communication and proposal for a Directive on improved transport safety and increased security through the creation of an area of and judicial cooperation on the trans-European transport networks Commission 2005 Delayed be taken up after the Commission has adopted a draft Directive on cross-border enforcement in the field of road safety, which is scheduled for 2006. (f) Updating of the manual Commission 2005 Postponed to 2006 2nd meeting of the Committee was held in on . The final text of the Manual was agreed on and endorsed at a third meeting of the Committee and is currently submitted to the Commission for adoption. Systematic exchange programmes for law enforcement officers" authorities 3.4. (i) Adoption of a proposal aimed at amending the decision establishing CEPOL () as a body of the Union 2005 ( Achieved Following the Commissions proposal of 1 October 2004 , the Council adopted the decision on . Moreover, exchanges of policemen is one of the priorities of the AGIS programme for 2006. - Improvement of operational cooperation 3.4. (k) Development of a common methodology and setting up of short-duration joint customs and operations and/or multi-disciplinary joint teams Council Continuous Two Joint Customs Operations (JCOs) were carried out during the second half of 2005 under the management of the (): - combating drug trafficking via the route - and - contributing to the fight against terrorism. The CCWG updated its JCO recommendations, monitoring the file in the light of 2004 and 2005 operations. This document provides guidance for organising JCOs. In addition, for Joint Customs Operations improves the preparatory and selection processes for JCO, ensures implementation and improves the subsequent evaluation of the operations and ensures more effective feed-back of experience gained into the selection and planning processes for future operations. In order to implement the Hague Programme and to promote the use of joint investigation teams, Member States designated national experts as contact points. The tasks of the national experts should be to facilitate the setting-up of a JIT by disseminating information about the legal framework and possibilities of setting up a JIT and to act as national contact points in this field for the competent authorities within the Member States. (p) Definition of the role of the security committee (COSI) No later than Discussions began at the informal meeting in January 2006 and are currently in progress. (q) Review and, where appropriate, further development of the customs IT systems Council Continuous In 2005 the approved a detailed plan for the improvement, promotion and more widespread use of the (). A project group was set up to explore the possibility of future development of CIS. The Commission plans a further update to the CIS system to provide a more user-friendly interface in the second half of 2006, using web-based technology. (r) Implement the conclusions of the Council of related to the fight against organised crime in the Western Council The conclusions express commitment to ongoing efforts to improve the fight against organised crime, mostly without deadlines. They also request Council bodies and the PCTF to report by the end of 2005 on implementation of the conclusions, following a report from the on Organised Crime dated 2005. The PCTF has not yet reported back. The work on implementation of the conclusions has been and remains continuous. has discussed implementation on numerous occasions, especially through an oral report in the Group on . MANAGEMENT OF CRISIS WITHIN THE EUROPEAN UNION 3.5 (b) Commission decision creating a secure general rapid alert system () and a to coordinate existing alert systems Commission 2005 ( Achieved "Commission provisions on "" general rapid alert system" was adopted on . 3.5 (c) Proposal creating a critical infrastructure warning information network (CIWIN) Commission 2005 Postponed to 2006 Following intensive consultation with all Member States and the private sector, a on Programme for Critical Infrastructure Protection, which also addresses the issue of creation of the CIWIN, was adopted on . The consultation period ended on 15 January 2006. The call for tenders was published in 2006 on the basis of the consultation process results. The evaluation committee meets in . Adoption of the proposal wil follow in due time. 3.5 (d) Plan on the protection of critical infrastructures Commission 2005 ( Achieved The on a European Programme for Critical Infrastructure Protection (EPCIP) was adopted on . The consultation period ended on 15 January 2006. The EPCIP policy package is due to be adopted by the Commission in . 3.6 (a) Strengthening and professionalising of the prevention of crime, including through Crime Prevention Network Commission 2005 Postponed to 2006 adopted an internal reorganisation of the network; an initiative will be launched in 2006. 3.6 (b) of European instruments for collecting, analysing and comparing information on crime and victimisation and their respective trends in Member States, using national statistics and other sources of information as agreed indicators These instruments will be part of the Commission initiative on EU crime statistics mentioned under point 3.3 above. - See also Framework Programme "Fundamental Rights and " under the new Financial Perspectives (2005) 4. (a) Proposal for a decision establishing a specific programme on judicial cooperation in civil and commercial matters Commission 2005 ( Achieved The proposal was adopted on and is currently being discussed in Council and Parliament. (b) Proposal for a decision establishing a specific programme on judicial cooperation in criminal matters Commission 2005 ( Achieved The Commission proposal was adopted on The 1-2 reach a general approach on the text. The opinion of Parliament is expected after 2006 Summer time. (b) Communication from the Commission on judicial training in EU (2005), development on the basis of the pilot project for the exchange of magistrates (2005) and of the preparatory action (2006) Commission 2005 Postponed to 2006 An experts meeting was held on 5 October 2005 with Member States and relevant stakeholders, including the EJTN, the Network of and Network of Supreme Courts to discuss preparation of the Communication. is due to be adopted in the first half of 2006 and will focus on problems, best practices and possible solutions in this area with a view to developing a coherent strategy for training in the future. The preparatory action on the exchange programme will be continued in 2006. JUDICIAL COOPERATION IN CRIMINAL MATTERS - Pursuing the implementation of the mutual recognition principle 4.2. (a) Communication on mutual recognition of decisions in criminal matters and reinforcement of mutual trust between Member States Commission 2005 ( Achieved on the mutual recognition of judicial decisions in criminal matters and the strengthening of mutual trust between Member States was adopted on 19 2005 and transmitted to Council and Parliament. (b) on exchanges of information on convictions and the effect of such convictions in the EU Commission 2005 ( Achieved The Commission adopted the on exchanges of information on convictions and the effect of such convictions in Union on 25 January 2005 . The was discussed at the meeting on which defined the way forward in this area. (c) Proposal on taking into account of convictions in the Member States of Union in the course of new criminal proceedings Commission ( Achieved The Commission presented a proposal for a Council Framework Decision on taking account of convictions in the Member States of Union in the course of new criminal proceedings on 17 2005 . Discussion at Council level has started under the Austrian Presidency. (d) Proposal on the transmission to, and by, the of nationality of information on criminal convictions Commission 2005 ( Achieved The Commission presented the proposal for a Council Framework Decision on the organisation and content of the exchange of information extracted from criminal records between Member States on . Discussions are in progress within the Council. (e) Communication on the creation of an index of non-EU nationals convicted in an EU Member State Commission 2005 Postponed to 2006 The Commission plans to adopt a Working Paper on the feasibility of an index of third-country nationals convicted in Union in the first half of 2006. The Commission aims to adopt a legislative proposal later on. (f) Initiative on Enforcement Order and the transfer of sentenced persons between Member States of the EU Member States 2005 ( Achieved The joint initiative from , and for a Council Framework Decision on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of for the purpose of their enforcement in the EU was formally submitted on 19 January 2005 . Discussions are in progress within the Council. (g) Proposal on mutual recognition of non-custodial pre-trial supervision measures Commission 2005 Postponed to 2006 The Commission plans to present a proposal before the summer of 2006. (h) Communication on disqualification Commission 2005 ( Achieved The Commission adopted a Communication on "Disqualifications arising from criminal convictions in Union" on 21 February 2006 . (i) Reports on the implementation of the Framework Decision on arrest warrant and the surrender procedures between Member States Commission/ Council 2005- 2006 ( Achieved The first report on implementation by 24 Member States was adopted on 23 February 2005. A revised version to include (latest implementation) was adopted on 26 January 2006 . (j) Initiative on the recognition and enforcement in Union of prohibitions arising from convictions for sexual offences committed against children Member States 2005 ( Achieved presented an initiative in October 2004 . Discussions are currently in progress within Parliament. - Approximation 4.2. (a) on Conflicts of Jurisdiction and Double Jeopardy (ne bis in idem) Commission 2005 ( Achieved The was adopted on . Based on the responses to the , a proposal for a Framework Decision on conflicts of jurisdiction and the principle of ne bis in idem in criminal proceedings could be presented in the second half of 2006. (b) on presumption of innocence Commission 2005 Postponed to 2006 The Commission presented the on presumption of innocence on . The Commission launched at the same time a public consultation on the presumption of innocence. Interested parties were invited to submit their comments by 9 2006. (c) Second report on the implementation of the framework decision of 15 2001 on the standing of victims in criminal proceedings Commission 2005 Postponed to 2006 Postponed, notably due to the lack of notification of national implementing measures by Member States. - Other instruments in the field of judicial cooperation in criminal matters 4.2. (d) Initiative to facilitate the prosecution of road traffic offences Commission/ Member States 2005 Delayed The Commission is considering the case for presenting a proposal on driving disqualifications. An initiative from a to facilitate the prosecution of road traffic offences may also be tabled in the course of 2006. (f) Further development of in criminal matters Commission Continuous The Commission plans to issue a Communication on the Eurojust and () in 2006. The EJN and the Commission have collaborated on a questionnaire on in absentia judgments - to be distributed to the EJN contact points in February 2006. The results will assist the Commission in drafting a on in absentia judgments, scheduled for . - Eurojust 4.2. (g) Second report on the legal transposition of the Council Decision of 28 February 2002 setting up Eurojust Commission 2005 Postponed to 2006 The Commission intends to present the report in mid-2006 and to issue a Communication on the Eurojust and () later in 2006. - International Legal Order 4.2. (j) involvement of the activities of organisations and forums (G8, UN, , , FATF) in criminal matters Council/ Commission 2005- 2009 Officials regularly attend the relevant working groups (G8; UN; ; OCSE; FATF). (k) Examination of the case for agreements between the EU and third countries on extradition Council/ Commission 2005- 2009 Discussions are under way with various countries. reached an agreement on the surrender procedure between the Member States of the EU and and on . (l) Examination of the case for agreements between the EU and third countries on mutual legal assistance Council/ Commission 2005- 2009 Discussions are under way with various countries. JUDICIAL COOPERATION IN CIVIL MATTERS - Mutual recognition of decisions and elimination of obstacles to the proper functioning of proceedings 4.3. (a) on succession Commission 2005 ( Achieved The Commission adopted the and wills on 1 2005 . Public consultation was concluded on (more than 60 answers were received). An experts group hearing was set up in February 2006 and is scheduled twice again before 2006. A Public hearing is scheduled on . (b) on conflicts of laws and jurisdiction on divorce matters (III) Commission 2005 ( Achieved The Commission adopted the on 14 2005 , which drew more than 60 answers. An experts group hearing was held on and an impact assessment was launched with a view to a proposal for a Regulation by 2006. (c) Proposal on conflicts of laws regarding contractual obligations (I) Commission 2005 ( Achieved The Commission presented a proposal on . Discussions are in progress at Council level. (d) Proposal on small claims Commission 2005 ( Achieved The Commission presented a proposal for a Regulation establishing a European small claims procedure on 15 2005 and the 1-2 2006 reached a general approach on the text. (e) Proposals on maintenance obligations Commission 2005 ( Achieved The Commission presented a proposal on . Discussions are in progress at Council and Parliament level. (m) Proposal for amending Regulation (EC) No 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters Commission 2005 ( Achieved The Commission presented a proposal on 11 2005 . The 1-2 2006 reached a general approach on the text. Parliament has not yet given an opinion. - Enhancing cooperation 4.3. (n) Report on the functioning of in civil and commercial matters Commission 2005 ( Achieved The report from the Commission to the Council, Parliament and Economic and application of Council Decision 2001/470/EC establishing a in civil and commercial matters was adopted on 16 2006 4.3. (o) Continued development of in civil matters and of the databases on case-law relating to European instruments Continuous The annual general meeting was held on . At least 4 meetings with the contact points are scheduled in 2006. The Internet site is updated continuously. A database on the I and II Regulations will be on line in 2006. (p) updating and improvement of Judicial Continuous New contract for maintenance of the signed in 2006. (q) EU support for networks of judicial organisations and institutions Continuous Contacts and collaboration are being maintained with different networks (for the training of judges , Network of Presidents of the Supreme Courts). (s) Annual European day of civil in different events all over Europe. - International legal order 4.3. (b) Proposal for the conclusion of parallel agreements with on I and service of documents Commission 2005 ( Achieved The Commission presented a proposal for a decision regarding I on and a proposal for a decision regarding service of documents on . reached to an agreement and the text was subsequently endorsed by the . (c) Conclusion of negotiations on the Convention on the choice of forum Commission, on behalf of Community 2005 ( Achieved Negotiations were concluded in 2005. An impact assessment for the possible ratification of the Convention by the Community is being prepared. (f) Ratification of the 1996 Hague Convention on Jurisdiction, Applicable , Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children On 17 2003 the Commission proposed to authorise the Member States to ratify the Convention. Although general agreement was reached on the text, the proposal is blocked in the Council due to the question of geographical application to . 4.3 (g) Continuation of negotiations and conclusion of international agreements relating to judicial cooperation in civil matters - Inter alia, negotiations are continuing on a new "Convention (16/09/1988)". The opinion of Court of on the extent of the Communitys external competences for the new "Convention" states that for the conclusion of a new Convention the Community has an exclusive competence to terminate negotiations and to prepare and present the appropriate instrument for the conclusion of the new Convention. - In addition, participation in the negotiations in progress in the Hague on a draft Convention on the recovery of child support and other forms of family maintenance. The possibility of a bilateral agreement on judicial cooperation with , if accepts the Commissions invitation to informal discussions on this matter, is being explored. See the Council and Commission Action Plan implementing the Hague Programme on strengthening freedom, security and in Union (OJ C 198, , p. This table refers only to action scheduled in 2005 or for which no year is indicated in the Hague Action Plan and Programme. Action due in 2006 and thereafter will be assessed in future scoreboards. This table uses the same classification/titles as provided for under the Hague Action Plan. Italics indicate a legislative measure referred to under the Hague Action Plan. "Achieved", "delayed" or "postponed", refer to the actions foreseen under the Action Plan. The level of achievement of any action must be read in conjunction with the request made by the Action Plan and the correspondent Institution responsible for delivering it. For example, whether the Action Plan requests the Commission to present a proposal, the correspondent section of the present Scoreboard is classified as "achieved" when such a proposal has been eventually presented by the Commission. It does not mean the level of achievement of a policy. COM(2005) 122. COM(2005) 122. COM(2006) 230. COM(2005) 280. COM(2005) 475 and SEC(2005) 1241. COM(2005) 45 and SEC(2005) 216. Council EU Drugs Action Plan (2005-2008) - OJ C 168, , p. COM(2005) 491. COM(2006) 156. COM(2005) 123 final/2 of 2 2005. COM(2005) 375. COM(2005) 606. COM(2005) 480. OJ L 326, 13.12.2005, p. Proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status ( final), OJ C 62 E, 27.1.2001. COM(2004) 594 final and COM(2005) 131 final. OJ L 66, , p. COM(2006) 67 and SEC(2006) 189. OJ L 381, 28.12.2004. Adaptation of COM(2005) 123 final, dated 2 2005, following the agreement of 17 2006 on the Financial Framework 2007-2013. COM(2004) 811 final. COM(2005) 669 final. COM(2005) 389 final. Complementary activities are undertaken in the framework of employment strategy and the social inclusion process. COM(2005) 389 final. C(2005) 1508 final. does not stem from the Hague Programme but is an initiative of the Commission. is closely linked to the policy plan on legal migration, which sets out a range of initiatives which the Commission intends to take in the years ahead, mainly in the field of economic migration. The policy plan explicitly acknowledges that the admission of economic migrants requires further measures to combat illegal immigration more effectively in order to ensure the integrity and credibility of such an admission policy. The planned Communication will be the Commissions response to that announcement and will include, as an annex, the second annual report on the progress made in combating illegal immigration. C(2005) 5159 final. COM(2005) 669. COM(2005) 391 final. Preparatory actions for return management in the area of migration Call for proposals 2005, OJ C 224, , p. COM(2005) 390. COM(2006) 26. COM(2005) 388 final. COM(2005) 352. Proposal for a Council Decision on the , operation and use of the second generation Schengen information system (SIS II) (COM(2005) 230); proposal for a Regulation of Parliament and of , operation and use of the second generation Schengen information system (SIS II) (COM(2005) 236); proposal for a Regulation of Parliament and of the Council regarding access to the second generation (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates (COM(2005) 237). CESE 1486/05. Council Regulation establishing a Community Code on the rules governing the movement of persons across borders. (2004/0127/CNS). COM(2006) 269 final. Council doc. 15000/05; Draft Conclusions of the Representatives of the Governments of the Member States on common minimum security standards for Member States" national identity cards, , , 14351/05, LIMITE, 51 . 2005/367/EC. COM(2005) 597 final. Regulation (EC) No 851/2005 of 2 2005 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement as regards the reciprocity mechanism (OJ L 141, , p. COM(2006) 3 final. COM(2005) 412. OJ L 334, 20.12.2005, p. SEC(2005) 1051. COM(2005) 381 final. Decisions No 895/2006/EC and 896/2006/EC (OJ L 167, 20.6.2006, pp. 1 and 8). COM(2005) 56. Council Regulation (EC) No 693/2003 of establishing a specific Facilitated Transit Document (FTD), a Transit Document (FRTD) and amending the Common Consular Instructions and the , OJ L 99, , p. Council Regulation (EC) No 694/2003 of on uniform formats for Facilitated Transit Documents (FTD) and Transit Documents (FRTD) provided for in Regulation (EC) No 693/2003, OJ L 99, , p. The Facility will be replaced by specific provisions within the proposed for the period 2007 to 2013 as part of the Framework Programme "Solidarity and Management of Migration Flows". COM(2005) 124 final. COM(2005) 124 final. COM(2005) 438.