COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT - BIANNUAL UPDATE OF THE SCOREBOARD TO REVIEW PROGRESS ON THE CREATION OF AN AREA OF "FREEDOM, SECURITY AND JUSTICE" IN THE EUROPEAN UNION (SECOND HALF OF 2000)

TABLE OF CONTENTS

1. Introduction

2. A common eu asylum and migration policy

2.1. Partnership with countries of origin

2.2. A Common european asylum system

2.3. Fair treatment of third country nationals

2.4. Management of migration flows

3. A genuine european area of justice

3.1. Better access to justice in Europe

3.2. Mutual recognition of judicial decisions

3.3. Greater convergence in civil law

4. Union-wide fight against crime

4.1. Preventing crime at the level of the Union

4.2. Stepping up cooperation in the fight against crime

4.3. Fight against certain forms of crime

4.4. Special action against money laundering

5. Issues related to internal and external borders and visa policy, Implementation of Art. 62 EC and converting the Schengen Acquis

6. Citizenship of the Union

7. Cooperation against drugs

8. Stronger external action

1. Introduction

The European Council meeting in Tampere on 15 and 16 October 1999 invited the Commission to make a proposal for an "appropriate Scoreboard mechanism" whose purpose would be to "keep under constant review progress made towards implementing the necessary measures and meeting the deadlines" set by the Treaty of Amsterdam, the Vienna Action Plan and the Tampere conclusions for the creation of an "area of freedom, security and justice". In response to this invitation, the Commission presented in March 2000 a communication to the Council and the European Parliament (COM(2000)167 of 24 March 2000) entitled "Scoreboard to review progress on the creation of an area of freedom, security and justice in the European Union". A consolidated version was made available on 29 May 2000, incorporating a number of clarifications resulting from comments made by certain Member States either during the Council session of 27 March 2000 or subsequently.

The present version is the first biannual update of the scoreboard in accordance with the Commission's undertaking to review it once per Presidency. It is intended to underline the progress made during the French Presidency. The format, and of course the aims and scope of the scoreboard, have not been changed. The main changes are to be found in the "state of play" column, which represents the "moving target" that the conclusions of Tampere set for all institutions and the Member States, enabling progress to be monitored in relation to the objective of creating and developing the European Union as an area of freedom, security and justice.

The considerable progress achieved since the presentation of the first version of the scoreboard can be summarised as follows:

The Commission has presented or finalised proposals for legislative acts and/or communications in a number of the fields covered in the scoreboard, namely:

- Two proposals and two communications in the field of asylum and migration:

- proposal for a directive on temporary protection;

- proposal for a directive on minimum asylum standards;

- communication on common asylum procedures;

- communication on a Community migration policy;

- One proposal in the field of judicial cooperation on civil and commercial matters:

- proposal for a European Judicial Network;

- Five communications in the field of cooperation on crime prevention:

- communication on protection of the Community's financial interests;

- communication on mutual recognition of final decisions in criminal matters;

- communication on Eurojust;

- communication on crime prevention;

- communication on cybercrime;

- One amended draft proposal for a Regulation in the field of visa policy was submitted to Council and Parliament following the opinion of the European Parliament.

Furthermore, the Council and the Commission have completed the drawing up of a joint programme of measures on mutual recognition in civil and criminal matters.

The Council, building upon proposals from the Commission or on the basis of Member State initiatives, has adopted or is scheduled to adopt at its November session a number of legislative acts, including:

- the decision on the creation of the European Refugee Fund;

- two directives on the equal treatment of persons (irrespective of race or ethnic origin and in employment);

- the Convention on mutual assistance in criminal matters;

- the framework decision on the protection of the euro;

- the decision on cooperation between financial intelligence units;

- the Eurodac Regulation;

- the decision on the provisional Eurojust unit.

With regard to non-legislative measures, the Council has also adopted conclusions in a number of areas covered in the scoreboard (fight against financial crime, alternative dispute resolution and conditions for the reception of asylum seekers). It has also adopted some negotiating directives authorising the Commission to negotiate readmission agreements with four non-EU countries.

The European Parliament has also been active. It has delivered opinions on or is actively examining a number of proposals submitted by the Commission, as well as several initiatives tabled by Member States, including:

- the Convention on improving mutual assistance in criminal matters;

- the establishment of the European Police College;

- the extension of Europol's mandate to cover money laundering;

- the framework decision reformatting the joint action on money laundering;

- the regulation on jurisdiction and recognition and enforcement of judgments in civil and commercial matters;

- the regulation on mutual enforcement of rights of access to children;

- the establishment of a secretariat for the joint supervisory data protection bodies;

- the fight against environmental crime;

- the security of non-cash means of payment.

Lastly, in June the Feira European Council adopted the action plan against drugs as well as a report concerning external relations in the field of justice and home affairs.

The Commission intends to present its second update of the scoreboard at the end of the Swedish Presidency.

2. A common EU asylum and migration policy

The separate but closely related issues of asylum and migration call for the development of a common EU policy to include the following elements:

2.1. Partnership with countries of origin

A comprehensive approach to migration will be developed, addressing political, human rights and development issues in countries and regions of origin and transit based on a partnership with those countries and regions with a view to promoting co-development.

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2.2. A common European asylum system

The aim is to ensure full and inclusive application of the Geneva Convention, ensuring that nobody is sent back to persecution, i.e. maintaining the principle of non-refoulement.

In the long term, a common asylum procedure and a uniform status for granting asylum valid throughout the Union must be established.

Secondary movements by asylum seekers between Member States should be limited.

Agreement will be actively sought on a temporary protection regime for displaced persons on the basis of solidarity among Member States.

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2.3. Fair treatment of third country nationals

The conditions for admission and residence of third country nationals will be approximated, on the basis of a shared assessment of economic and demographic developments within the Union, as well as of the situation in the countries of origin.

An integration policy should aim at granting third country nationals who reside legally on the territory of Member States (and in particular long-term residents), rights and obligations comparable to those of European Union citizens, as well as enhancing non-discrimination and the fight against racism and xenophobia.

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2.4. Management of migration flows

Management of migration flows should be improved at every stage through close cooperation with countries of origin and transit.

The fight against illegal immigration will be enhanced by combating the criminal networks involved while securing the rights of victims.

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3. A Genuine European Area of Justice

The ambition is to give citizens a common sense of justice throughout the Union. Justice must be seen as facilitating the day-to-day life of people and bringing to justice those who threaten the freedom and security of individuals and society. This includes both better access to justice and full judicial cooperation among Member States.

3.1. Better access to justice in Europe

A genuine area of justice must ensure that individuals and businesses can approach courts and authorities in any Member State as easily as in their own and not be prevented or discouraged from exercising their rights by the complexity of the legal and administrative systems in the Member States.

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3.2. Mutual recognition of judicial decisions

A genuine area of justice must provide legal certainty to individuals and to economic operators. To that end, judgments and decisions should be respected and enforced throughout the Union.

Enhanced mutual recognition of judicial decisions and judgments and the necessary approximation of legislation would facilitate cooperation between authorities and the judicial protection of individual rights. The principle of mutual recognition should become the cornerstone of judicial cooperation in both civil and criminal matters within the European Union.

As regards civil matters;

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As regards criminal matters;

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3.3. Greater convergence in civil law

In order to smooth judicial cooperation and enhance access to law, better compatibility and more convergence between the legal systems must be achieved.

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4. Union-wide Fight against Crime

A balanced development of Union-wide measures against all forms of crime, including serious organised and transnational crime, should be achieved while protecting the freedom and legal rights of individuals and economic operators.

In this context, particular attention is drawn to the "European Union Strategy for the beginning of the new Millennium" on prevention and control of organised crime. Some complementary actions, going beyond the Tampere conclusions and called for by the recommendations in this strategy have been introduced in this chapter.

4.1. Preventing crime at the level of the Union

Any efficient policy in the fight against all types of crime, organised or otherwise, must include also preventive measures of a multidisciplinary nature.

Crime prevention aspects must be incorporated into actions and programmes against crime at Union and Member State level.

Cooperation between national prevention organisations should be encouraged whilst identifying certain areas of priority.

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4.2. Stepping up cooperation in the fight against crime

In a genuine area of justice, criminals must find no ways of exploiting differences in the judicial systems of Members States

Giving citizens a high level of protection implies greater cooperation between the authorities responsible for applying the law. To this end, maximum benefit should be derived from cooperation between authorities in the Member States when investigating cross-border cases.

The Treaty of Amsterdam, by providing further competencies to Europol, recognised its essential and central role in facilitating European cooperation in preventing and combating organised crime.

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4.3. Fight against certain forms of crime

With regard to national criminal law, efforts to agree on common definitions, changes and penalties should be focused in the first instance on a limited number of sectors of particular relevance. Agreements on common definitions, charges and penalties regarding serious organised and transnational crime need to be established in order to protect the freedom and legal rights of individual and economic operators.

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4.4. Special action against money laundering

Money laundering is at the very heart of organised crime. For that reason measures must be taken in order to root it out wherever it occurs to ensure that concrete steps are taken to trace, freeze, seize and confiscate the proceeds of crime.

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5. Issues related to internal and external borders and visa policy, Implementation of Art. 62 EC and converting the Schengen Acquis

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6. Citizenship of the Union

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7. Cooperation Against Drugs

As a collective and individual threat, the drugs problem needs to be addressed in a global, multidisciplinary and integrated manner. The EU drugs strategy for the years 2000-2004 will also be evaluated at mid-term and at completion, with the help of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and Europol.

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8. Stronger External Action

The European Union underlines that all competencies and instrument at the disposal of the Union, and in particular, in external relations must be used in an integrated and consistent way to build the area of freedom, security and justice. Justice and Home Affairs concerns must be integrated in the definition and implementation of other Union policies and activities.

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