eunbil · GT0N1595 · 2006-07-14 00:00:00 — JUSTCIV 162 COVER NOTE from: Secretary-General of Commission, signed by , Director date of receipt: 3 2006 to: , Secretary-General/High Representative Subject: Report on the implementation of the Hague programme for 2005 Delegations will find attached Commission document SEC(2006) 814. : SEC(2006) 814 COMMISSION OF THE EUROPEAN COMMUNITIES , 28.6.2006 SEC(2006) 814 COMMISSION STAFF WORKING DOCUMENT COMMUNICATION DE LA COMMISSION AU CONSEIL ET AU PARLEMENT EUROPÉEN Renforcer la liberté, la sécurité et la dans lUnion européenne : Rapport sur la mise en uvre du programme de La Haye pour l"année 2005 {COM(2006) 333 final} (Institutional scoreboard - Table 1) Follow-up of measures proviced for under The Hague Action plan in the fields of , freedom and security institutional scoreboard - Table 1 No Action under the Action Plan Competent body of play 1.2 RESPECT FOR AND PROMOTION OF FUNDAMENTAL RIGHTS 1.2 - Framework Programme "Fundamental Rights and " under the new Financial Perspectives 1.2. (a) Proposal for a Decision establishing a specific programme on citizenship and fundamental rights Commission 2005 ( Achieved The proposal for a Council Decision establishing for the period 2007-2013 the specific programme "Fundamental rights and citizenship" as part of the general programme "Fundamental Rights and " was adopted on . This is currently being discussed in the Council and Parliament. 1.2 (b) Proposal for a Decision establishing a specific programme on the fight against violence () and drugs prevention and information Commission 2005 ( Achieved The proposal is part of the general programme "Fundamental Rights and " adopted on . The two strands of this programme were split on 24 2006 into two different specific programmes: one on Fight against violence () and the other one on Drugs prevention and information . This split answered requests in that sense by Parliament, civil society organisations and most of the Member States. Both programmes are currently being discussed in the Council (on Drugs and ad hoc Working Party on Fundamental Rights for ) and Parliament. - Accession of Union to Convention for the protection of human rights and fundamental freedoms Informal discussion to be started in 2005 Delayed Only the Constitution can provide the necessary legal basis. (c) Proposal extending the mandate of towards a Fundamental Rights Agency Commission 2005 ( Achieved The proposal for a Council Regulation establishing a for Fundamental Rights and the proposal for a Council Decision empowering for Fundamental Rights to pursue its activities in areas referred to in Title VI of the Treaty on European Union were adopted by the Commission on 30 2005 . The first reading in the Council started in October 2005. It is hoped that the measures will be adopted in 2006 so that the Agency could be operational from January 2007. - Promotion and protection of women and child rights 1.2. (d) programme: 2006 work programme Commission 2005 ( Achieved The work programme was approved at the end of . A call for proposals was issued, with a deadline of 10 February 2006. (f) Communication on the protection of the rights of the child Commission 2005 Postponed to 2006 A draft Communication is being prepared and is due for adoption by the Commission in 2006. - Protection of personal data 1.2. (g) Communication on the follow-up measures to the Work Programme for a better implementation of the data protection Directive Commission 2005 Postponed to 2006 The Commission is still analysing the overall results achieved under the work programme and is still considering the best way forward to safeguard individuals" fundamental right to protection of their data, while taking care of other important interests at stake. For this reason and, in particular, because of the in-depth analysis of all national implementing measures, the Communication had to be postponed until the second half of 2006. (h) Communication on PETs (privacy enhancing technologies) Commission 2005 Postponed to 2006 The Commission is still analysing different aspects related to this issue. Because of the highly technical and evolving nature of this issue, it has required more work than initially expected, including gathering technical input from experts in the relevant field. This document is expected to be formally adopted in the second half of 2006. (i) Proposal for legislation on the protection of personal data in the context of cooperation and judicial cooperation in criminal matters (see point 3.1 (c)) Commission 2005 ( Achieved The 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 . It is being discussed in the Council (at working group level). Parliament is being consulted. The EDPS gave its opinion on . EUROPEAN STRATEGY ON DRUGS - EU Action Plan on drugs 2005 to 2008 Commission 2005 ( Achieved Following endorsement by (2005-2012) of , the Commission adopted a Communication on an EU Drugs Action Plan (2005-2008) on 14 February 2005 . The EU Drugs Action Plan was adopted by 2005 . (a) Continuous evaluation of the EU Action Plan on drugs 2005 to 2008 Commission 2005 (annual) Postponed to 2006 Given the short period of time for which the new Action Plan has been in existence, the Commission did not present an annual progress review on implementation of the Drugs Action Plan in 2005. In this context, the Commission presented to the Council () a technical "non-paper" setting out the concepts and procedures for monitoring and evaluating the Action Plan. This document was accompanied by a table ("roadmap") indicating the data source to be used for the annual progress review for each action and its indicator. The same information has been sent to Parliament. The first annual progress review will be presented in autumn . EXTERNAL RELATIONS 1.5 - Strategy on all the external aspects of the Union policy on freedom, security and , based on the measures developed in the Hague programme Council 2005 ( Achieved adopted a Strategy for the External Dimension of JHA: Global Freedom, Security and on and the endorsed it on . 1.5 Communication on all the external aspects of the Union policy on freedom, security and (contribution to the Strategy) Commission 2005 ( Achieved The Commission adopted its Communication entitled "A Strategy on the external dimension of the area of freedom, security and : Commissions contribution" on 12 October 2005 . Together with the contribution from the Councils General , it served as a basis for the Strategy for the External Dimension of JHA endorsed by the Council in . 2.1 CITIZENSHIP OF THE UNION (a) Report on the application of Directives 90/364/EEC, 90/365/EEC and 93/96/EEC on the right of of pensioners, students and inactive persons Commission ( Achieved The third report from the Commission to the Council and Parliament on the application of Directives 93/96, 90/364, 90/365 on the right of for students, economically inactive and retired Union citizens was adopted on . (b) Report on the application of Directive 93/109/EC on the right to vote in Parliament elections, including in the new Member States, and, if appropriate, proposals for the amendment of the latter Directive Commission 2005/ 2006 The draft is being finalised and should be adopted in the course of 2006. ASYLUM, MIGRATION AND BORDER POLICY - Framework Programme "Solidarity and Management of Migration Flows" under the new Financial Perspectives Commission 2005 ( Achieved The four funds that have been proposed under this Framework Programme (, , Fund for the Integration of and ) are currently being discussed in the Council and Parliament. - Common analysis of migratory phenomena in all their aspects (reinforcing the collection, provision, exchange and efficient use of up-to-date information and data) 2.2. (a) Annual reports on migration and asylum statistics 2005 (ongoing) The statistical report for 2002 will be published in February 2006. The report for 2003 will be published in 2006. (b) Adoption of an EU framework Regulation on the collection of migration and asylum statistics Council/ Parliament 2005 Delayed The Commission adopted its proposal for a Regulation of Parliament and of statistics on migration and international protection on . It is now being negotiated under the co-decision procedure in the Parliament and the Council with a view to adoption under the Austrian Presidency. (c) on the future of migration network Commission 2005 ( Achieved The Commission presented the on . The deadline for sending written contributions was 28 January 2006. A hearing of selected experts was held later on to complete the consultation process. (d) Proposal for a mutual information system on migration issues Commission 2005 ( Achieved The proposal for a Council Decision on the of a mutual information system concerning Member States measures in the areas of asylum and immigration was adopted by the Commission on 10 October 2005 . Discussions started in the Council under the Austrian Presidency. 2.3 COMMON EUROPEAN ASYLUM SYSTEM (a) Adoption of the asylum procedures / Parliament 2005 ( Achieved Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status was adopted by the on , following the Commissions proposal dated . (b) Conclusion of the "parallel agreements" with on "II" and "Eurodac" Council 2005 ( Achieved Following the Commissions proposals , both the agreement with on and Eurodac and the protocol to the agreement with and on , extending its application to , were signed, on 10 and 25 2005 respectively. Parliament approved conclusion of the agreement and of the protocol on . Formally adopted by 2006 . - Evaluation of the first phase legal instruments 2.3. (c) Monitoring the transposition and implementation of first phase instruments Commission 2005 -ongoing The deadline for transposing Directive 2003/9 on reception standards for asylum seekers expired on 6 February 2005. The Commission opened a number of infringement procedures for non-notification of the national transposition measures (in the mean time most have been closed). In the course of 2006 the Commission will produce an evaluation of the and EURODAC Regulations and a report on implementation of the Reception Standards Directive. - Second phase of development of a common European asylum system, of a common asylum procedure and a uniform status for those who are granted asylum or subsidiary protection 2.3. (d) Proposal on long-term resident status for beneficiaries of international protection Commission 2005 Postponed to 2006 The proposal for a Directive extending long-term status to beneficiaries of international protection is being prepared and should be adopted in the second quarter of 2006. - Cooperation between Member States relating to the common European asylum system, after the of a common asylum procedure 2.3. (h) of structures involving the national asylum services of the Member States for promoting cooperation Commission/ Council 2005 ( Achieved from the Commission to the Council and Parliament on "Strengthened practical cooperation - New structures, new approaches: improving the quality of decision making in the common European asylum system" was adopted on 17 February 2006 . (i) of a European support office in charge of all forms of cooperation concerning a common asylum system on the basis of an evaluation Commission The Commission will report on the progress achieved on strengthened cooperation in the field of asylum at the end of the first phase of activities (early 2008). Based on this evaluation, a feasibility study will be carried out on the of a European support office for all forms of cooperation between Member States relating to the common European asylum system. - of () 2005 to 2013 to assist Member States in the processing of asylum applications and in the reception of certain categories of third-country nationals Council ( Achieved Decision establishing for the period 2005 to 2010 was adopted on . Action in the Member States will be implemented on the basis of a programme divided into two multi-annual phases (2005 to 2007 and 2008 to 2010). The amount for the period from 1 January 2005 to is million. (j) Final Report on Refugee Fund Commission 2005 Postponed to 2006 Postponed to summer 2006. (k) Proposal for amending decision to assist Member States in the reception of certain categories of third-country nationals Commission 2005 Postponed to 2006 The proposal for a Council Decision amending the ERF II in order to provide financial support for resettlement activities and to provide better support for administrative cooperation between Member States was adopted on 24 2006 . (l) Approvals of national multi-annual programming Commission 2005 LEGAL MIGRATION INCLUDING ADMISSION PROCEDURES - Developing policy on legal migration 2.4. (a) Assessment and monitoring of the transposition and implementation of first phase Directives on legal migration Commission 2005 (ongoing) ( Achieved Several meetings with the Member States on the transposition and application of the existing Directives were held in the course of 2005, in particular on family reunification (2003/86/EC, applicable as of 3 October 2005) and on long-term resident status (2003/109/EC, applicable as of 26 January 2006). (b) Debate on on economic migration Commission 2005 ( Achieved The on an EU approach to managing economic migration was presented on 11 January 2005 and the deadline for the public consultation was . Debates were held at 2005 and 2005. The Commission received more than 130 written contributions from all relevant stakeholders and a public hearing was held on 14 2005. The EP gave its opinion in October 2005; the EESC and gave their opinions in 2005. (c) On the basis of the outcome of the public consultation on the on economic migration, presentation of a Policy Plan on legal migration, including admission procedures Commission Before end of 2005 (point 1.4 of the Hague Programme) ( Achieved The Policy Plan on legal migration was adopted on . It is a comprehensive document containing a set of legislative and operational measures to be put forward between 2006 and 2009 on: conditions of admission and for economic immigrants; information and sharing; integration measures; and measures to be enacted in cooperation with the countries of origin. INTEGRATION OF THIRD-COUNTRY NATIONALS - of a coherent European framework for integration 2.5. (a) Communication on a European framework for integration Commission 2005 ( Achieved on "A common agenda for integration: Framework for the integration of third-country nationals in Union" was adopted on . Conclusions adopted by 2005 supported the lines of action contained in this Communication. - Promotion of the structural exchange of experience and information integration 2.5. (b) Management of INTI preparatory actions Commission 2005 to 2006 The Commission received 139 grant applications in response to the INTI 2005 call for proposals. The Commission has agreed to co-finance 15 new projects in connection with the call for proposals under the INTI 2005 programme to the tune of some million. A total of million has been set aside for 2006, the last year of the INTI programme. The 2006 call for proposals will be launched before the summer. The priorities will be determined on the basis of experience in previous years and will be consistent with the common basic principles for integration adopted by the Council and expanded on in the on a common agenda for integration . (c) Annual reports on immigration and integration Commission 2005-ongoing The 2nd annual report on immigration and integration is to be adopted before summer 2006. This report will be factual and provide an overview of the state of play in the field of integration, without any further analysis and without drawing any policy conclusions. It will take the form of a Commission staff working document. A 3rd annual report will follow. FIGHT AGAINST ILLEGAL IMMIGRATION (a) Contribution to management of immigration liaison networks in relevant third countries Council/ Commission 2005-ongoing The Commission Decision on the format for report on the activities of immigration liaison officers networks and on the situation in the host country in matters relating to illegal immigration was adopted on . Reports drawn up in this format will enable the Council and the Commission to evaluate the work of those networks as well as the situation with regard to illegal immigration in the third countries concerned. (b) Annual report on the common policy on illegal migration Commission 2005-ongoing Postponed to 2006 Postponed to the second quarter of 2006 so that it can be annexed to the upcoming on future priorities in the fight against illegal immigration . (c) Adoption of a Commission Decision establishing a secure web-based information network for Member States migration services (ICONET) Commission 2005 ( Achieved The Commission Decision laying down detailed rules for the implementation of Council Decision 2005/267/EC establishing a secure web-based information network for Member States migration management services (Iconet) was adopted on . In early 2006 Commission staff organised a meeting and training for the national contact points of Member States in order to ensure that the network could become fully operational. (d) Proposal for the conclusion and signature of on action against trafficking in human beings (CAHTEH) Commission 2005 Delayed The Convention was opened for signature by the Parties in 2005. The Commission may consider presenting a proposal for signature and conclusion by the EC in due time. (e) Realisation by Member States of targets for reducing the informal economy as set out in employment strategy The Policy Plan on Legal Migration of contains several measures to address the issue of illegal employment of third-country nationals. measures will be presented in the future Communication on illegal immigration due for adoption in 2006 (see 26 (f)). Other action provided for by the Strategy is carried out by Member States in the context of the employment strategy and policies. (f) Presentation by the Commission of a report which may include instruments for fighting against illegal work Commission The Commission is drafting a Communication on future priorities in the field of illegal immigration which is to be adopted in 2006. - of an effective removal and repatriation policy based on common standards and closer cooperation and mutual technical assistance 2.6. (g) Proposal on return procedures Commission 2005 ( Achieved On the Commission tabled the proposal for a Directive on common standards and procedures in Member States for returning illegally staying third-country nationals . It is due to be adopted under the co-decision procedure. Working Party on Migration and Expulsion has started the first reading. The proposal was presented to of Parliament in . (h) Launching of the preparatory actions for financial support to return management Commission 2005 ( Achieved The Commission adopted the preparatory actions 2005 work programme on 2 2005 . The call for proposals was published on 24 2005 (deadline 31 October 2005). 32 proposals for projects were received. Evaluation was finished in . 20 of them were accepted. The first contracts will be signed before summer 2006. (i) Appointment of a Commission Special Representative for a common readmission policy Commission 2005 ( Achieved On 24 October 2005 the Commission appointed , Deputy Director-General of DG RELEX, as Special Representative for a common readmission policy, and , Director in DG JFS, as Deputy SR. (j) Conclusion of Community readmission agreements and management of existing agreements Commission Timely Agreements have entered into force with , and, in 2005, with . Negotiations with were concluded in October 2005. The Commission will submit two proposals for Council Decisions to the Council in , one authorising formal signature of the agreement, the other formally concluding the agreement on behalf of the Community. Formal signature occurred on 25 2006. The agreement with was concluded on the EU side in . Negotiations are in progress with , , and . Negotiating mandates for agreements with and were received on , but formal negotiations have not yet been launched. EXTERNAL DIMENSION OF ASYLUM AND MIGRATION - Cooperation with third countries in managing migration and asylum 2.7. (a) Communication on migration and development Commission 2005 ( Achieved "Migration and Development: Some concrete orientations" was presented by the Commission on . supported the Commission to give firm shape to the orientations contained in the Communication, in particular as regards migrant remittances, diaspora and brain drain issues, and approved conclusions on migration and external relations on . (b) Revised version for 2006 of the reference document of the programme 2005 The need to revise the reference document expired as the duration of the Programme was limited to three years (2004-2006). Instead, a Communication proposing the creation of a thematic programme for the cooperation with third countries in the areas of migration and asylum, to replace the Programme for 2007-2013, was presented on 25 January 2006 . (c) Completing the integration of migration into the country and regional strategy papers for all relevant third countries Commission 2005 ( Achieved Integration of migration into the regional and country strategy papers is an ongoing process and most countries had been screened by the end of 2005. In 2006 the regional strategy papers for developing countries are to be completed. (d) Conclusions in order to intensify Member States cooperation in preventing further loss of life resulting from attempts to enter the EU illegally, mainly in the 2005 ( Achieved European Council conclusions were adopted on . - Development of EU Regional Protection Programmes 2.7. (e) Plan of action for EU Regional Protection Programmes, including EU resettlement scheme Commission/ Council 2005 ( Achieved The Commission adopted a Communication on Regional Protection Programmes on . supported the approach proposed in the and recognised that such programmes are a first step in improving access to protection and durable solutions for those in need of international protection as quickly and as close to their home as possible. supported the proposal made in the Communication that pilot should be considered for the Western Newly Independent States (, and ) and sub-Saharan (the Communication highlighted ). (f) Launching pilot protection programmes Commission 2005 Delayed to the late publication of the call for proposals (in ), the first projects to form the two pilot in and the Western will be selected and contracted under the financial programme in the course of 2006. A steering committee composed of relevant Commission departments, the UNHCR, interested Member States and other relevant stakeholders has been meeting since January 2006 to supervise coordination and implementation of Regional Protection Programme activities. - Intensified cooperation with countries of transit to enable these countries better to manage migration and to provide adequate protection for refugees 2.7. (g) Report on progress and achievements in asylum and migration, within the context of Neighbourhood Policy Commission 2005 ( Achieved A Communication monitoring and evaluating the cooperation with third countries in the field of the fight against illegal immigration covering, for example, , and was presented on 27 2005 . BORDER MANAGEMENT, BIOMETRICS, INFORMATION SYSTEMS AND VISA POLICY - Abolition of controls on persons at the internal borders 2.8. (a) Proposal on SIS II legal instruments Commission 2005 ( Achieved