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 (FIRST HALF OF 2003)

FOREWORD

The Scoreboard to review progress on the creation of the area of freedom, security and justice is established by the Commission at regular intervals to monitor progress in the adoption and implementation of the set of measures needed to attain the objectives set by the Amsterdam Treaty and the Tampere European Council of 15 and 16 October 1999.

This issue of the Scoreboard, like its predecessors, sets out the objectives and deadlines set at Tampere and the responsibilities assigned in each case to launch, advance and complete the process. To make the progress accomplished easier to follow, the tables distinguish proposals and initiatives presented, progress in Council and, in appropriate cases, European Parliament proceedings and work planned for the future. A section on the transposal of instruments that have been adopted outlines the position regarding the adoption and implementation of decisions and measures taken.

This version of the Scoreboard is presented exactly one year before the deadline set by the Amsterdam Treaty for the creation of an area of Liberty, Security and Justice and includes the deadlines fixed at Seville, in particular in the fields of immigration and asylum.

In the next version - scheduled for the end of this year - the Commission will examine in detail any delay in the legislative process, both in terms of decisions to be agreed by Council and national implementations.

An introductory summary recapitulates the main achievements since Tampere and the Commission proposals and work planned in relation to them so as to help the reader interpret the tabular presentation that follows.

TABLE OF CONTENTS

1. Summary

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 specific forms of crime

4.4. Special action against money-laundering

5. Policy on internal and external borders; visas; implementation of Article 62 of the EC Treaty; Converting the Schengen acquis

6. Citizenship of the Union

7. Cooperation Against Drugs

8. Stronger External Action

9. Other current initiatives

1. SUMMARY

As requested by the European Council of Tampere, the Scoreboard prepared by the Commission is intended to provide a regular review of the progress made in the implementation of the necessary measures for a creation of an area of freedom, security and justice and the respect of the deadlines fixed by the Amsterdam Treaty, the Vienna Action Plan and the Tampere conclusions.

The Scoreboard - more specifically in the detailed tables below - describes the main achievements since the last update of the Scoreboard was presented by the Commission on 16 December 2002, as well as the work planned by the Commission for the second semester of 2003.

This introduction aims to highlight the main achievements reached and difficulties experienced in view of the respect of the deadlines set by the Treaty and the European Council.

The present exercise is of particular significance as it takes place just one year ahead of the deadline set by the Amsterdam Treaty for the completion of the creation of an area of Freedom, Security and Justice and in the context of the forthcoming enlargement of the European Union to ten new Member States.

In its last update of the Scoreboard of December 2002, the Commission noted that the Seville European Council had given a fresh impetus towards the implementation of the Tampere programme by declaring its determination to speed up every aspect. At the same time, the Commission had also noted that the backlogs identified on the occasion of the Scoreboard for the Laeken European Council's mid-term review had not gone away.

Under the Greek Presidency a number of key proposals have finally been agreed and it seems likely that, following the results of the June Council of Ministers of Justice and Home Affairs, most of the Seville deadlines in the field of the immigration and asylum will be met. In the field of management of external border all the actions scheduled are under way and the European Council of Thessaloniki will be an important opportunity to evaluate the first results and set future objectives.

It is of the outmost importance for the credibility of the Union in these areas, which are at the heart of public opinion's expectations, that the Council continues to press ahead for the adoption of the proposals which remain on the table and that substantive progress is achieved.

However, this positive assessment is somewhat mitigated by the final outcome, in terms of substance, of some of the instruments agreed, by comparison to the initial ambitions described at Tampere and which the Commission has aspired to in presenting its proposals. A clear example is the field of legal immigration. In this and other policy areas, the degree of harmonisation is at risk of being reduced to the lowest common denominator at the expense of the value added by common action at European level. In this context and given the ongoing resistance from Member States, the Commission has been adopting a 'step-by-step' strategy, which has proved to be efficient in these sensitive policy areas and which is based on examples of success stories from the early days of European integration.

Concerning judicial co-operation in civil and criminal matters, the principle of mutual recognition enshrined in the Tampere conclusions is becoming a reality as the cornerstone of EU action. The achievements in this area, based on the development of mutual trust, need to be pursued vigorously, particularly through a parallel action taking into account the specificity of the future Member States of the Union. However, the development of mutual recognition requires a parallel effort in the criminal law area. In 2003, the Commission is putting particular emphasis on ensuring effective procedural guarantees for suspects and accused people, so to ensure the necessary balance between law enforcement and the respect of fundamental rights.

One year ahead of the deadlines set by the Amsterdam Treaty and the Tampere Programme, it is clear that priority must be given to completing the planned work that still remain to be done. In particular, new initiatives which divert from the agreed planning and divert vital time and resources away from the priorities are to be avoided. In this last respect, the presentation by the Greek and Italian Presidency of a joint programme is a positive signal to be welcomed.

2003 is, of course, an important year for determining the future shape of European action in the justice and home affairs area. These issues have commanded considerable attention in the work of the Convention on the future of Europe. To ensure coherence and efficiency in the delivery of the area of freedom, security and justice, it is important that in a new Single Treaty and in the context of a Union of at least 25 Member States, greater use should be made of qualified majority voting in the Council. In these areas of direct concern to the citizen, it is only right that the European Parliament should have the right of co-decision in relation to all legislative initiatives. And finally, careful thought is needed before a shared right of initiative for the Member States is retained in relation to the current Title VI TEU (police and judicial cooperation), as it is far from clear how this would fit into the codecision procedure. In any case, it is essential that in the future all legislative initiatives must be fully in line with the political priorities and programming to be set by the European Council.

A common EU asylum and migration policy

Concerning the key elements of asylum policy, Article 67 5 of the Nice Treaty establishes the application of the co-decision procedure before the 1 May 2004 provided that the Council has previously adopted Community legislation defining the common rules and basic principles governing these issues. It should also be noted that with Declaration n. 5 annexed to the Nice Treaty the Member States expressed their agreement to apply the codecision procedure starting from May 2004 for those provisions on freedom of movement of third-country nationals and for measures on illegal immigration. Furthermore, the Declaration reads that the Council will endeavour to make the co-decision procedure applicable to the other areas covered by Title IV or to parts of them. Finally, a Protocol establishes that from 1 May 2004, the Council shall act by a qualified majority, on a proposal from the Commission and after consulting the European Parliament, in order to adopt the measures referred to in Article 66 (administrative co-operation).

In the last months good progress has been made on asylum policy. The 'Dublin II' Regulation laying down criteria and mechanisms for determining the Member State responsible for examining an asylum application presented in another Member State has been adopted. Together with the launch of operations of the Eurodac system on 15 January 2003, this constitutes a considerable step forward. In order to guarantee the uniform application of Community law, the Commission proposed to conclude parallel agreements with Denmark - that in accordance with the Amsterdam Treaty does not take part to all provisions of title IV - on Dublin II and Eurodac. This is a provisional and creative solution based on three elements: the competence of the Court of Justice; the obligation for Denmark to take part in the development of this acquis; the reciprocal consent to conclude agreements with third countries in these fields.

Furthermore, in January the Council adopted the Directive laying down minimum standards for the reception of asylum seekers in Member States. Thanks to the adoption of this legislation, the first phase of the common European asylum system is progressively taking shape.

Furthermore, one instrument covering two key elements of this system is also expected to be in place by the end of this semester: a common definition of refugee status and a common approach to subsidiary protection. Council should also press ahead with the adoption of the amended proposal on asylum procedures, which the Commission presented one year ago.

In addition, in March 2003 the Commission put forward a Communication in which it expresses its views on the common asylum policy and main elements of the Agenda for Protection, promoted by the UNHCR. The Communication is also a progress report on work on the common asylum procedure and the uniform status as well as on the implementation of the first-stage instruments. The Spring European Council invited the Commission to examine, together with the UNHCR, new approaches for international protection and to present a report, through the intermediary of the Council, to the European Council of Thessaloniki.

The Commission will make a proposal by the end of 2003 for a Council Decision on the next generation European Refugee Fund covering the period 2005-2009. The proposal will implement the principle of solidarity and fair sharing of responsibility (including its financial implications) between Member States. The exact scope of the future programme will depend upon the results of the mid-term evaluation carried out on the first phase of the European Refugee Fund, as well as on the complementarity which must be sought in respect to return policy.

Concerning immigration policy, after more than three years of difficult negotiations the Council reached an agreement on the Directive on family reunification. This is the first ever EC instrument applicable to legal migration. Family reunification is a vital factor for the successful integration of third-country nationals and it should be regarded as a first crucial step in the process. Notwithstanding the fact that the final outcome for certain provisions is not as close to the Tampere ambitions as the Commission would have wished, the Directive does include a review clause (two years after transposition) in relation to the more sensitive provisions, such as the definition of family members.

This instrument is an essential component of the common immigration policy proposed by the Commission and it should be followed shortly by the adoption of the proposal for a Directive concerning the status of third-country nationals who are long-term residents. But other key Commission proposals on legal immigration still await adoption by the Council. These are in particular the proposal for a directive on admission of third-country nationals for purposes of employment of July 2001 and the proposal of October 2002 for a directive on the conditions for entry and residence for the purposes of studies, vocational training and voluntary service. By the end of 2003, these will be complemented by an action plan and a proposal for a directive on conditions for entry and stay of researchers, which should increase the supply of third-country nationals researchers in Europe.

The timely adoption of these proposals should be pursued, in accordance with the JHA Council conclusions of October 2002, which noted that the Tampere goals state that the European Union should ensure an equitable treatment of third-country nationals who reside legally in the territory of the Member States and that a more vigorous integration policy should have the ambition of granting them rights and obligations comparable to those of European citizens. Following those conclusions, national contact points for integration have been appointed and a first meeting took place in March 2003. In June 2003 the Commission is going to present a Communication on immigration, integration and employment, a policy issue the importance of which was also underlined by the European Councils of Seville, Nice and most recently on the occasion of the Spring European Council. The Communication will focus on the identification of the measures to be taken at national and European level on the social and economic aspects of the sustainable integration of migrants, on cultural and religious diversity as well as on the question of participation in political life and the concept of civic citizenship.

Regarding the necessary administrative cooperation underlying the development of these new policies, the Commission adopted a Communication launching the implementation of a Community Action Plan to improve the exchange and analysis of statistical information in the field of asylum and international migration. The Commission also implemented the action programme for administrative co-operation in the fields of external borders, visa, asylum, asylum and immigration (the ARGO programme). An evaluation report on ARGO will be presented by the end of 2003.

Concerning illegal immigration, and in the framework of the Seville package, the Commission will present a report at the European Council of Thessaloniki taking stock of progress since the Commission Communication on illegal immigration of November 2001. Moreover, in February 2003, the Commission submitted a proposal for a Council Decision setting the criteria and practical arrangements for the compensation of financial imbalances arising from Council Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third country nationals. At the end of 2003 the Commission is planning to present a proposal for a directive on minimum standards for return procedures. Concerning financial possibilities on return policy the Commission is giving thought to the development of a return programme and would favor an integrated approach, which should cover every step of the return procedure.

An essential aspect of migration management is better cooperation with countries of origin and transit. During the first semester of 2003 the Commission is going to present a proposal to establish a programme for cooperation with third countries in the area of migration. Based on the Community's powers under Article 63 (3) (b) TEC, the Council has so far authorised the Commission to negotiate Community readmission agreements with 11 third countries/entities: Morocco, Sri Lanka, Russia, Pakistan in September 2000; Hong Kong and Macao in May 2001, Ukraine in June 2002 and finally Albania, Algeria, China, Turkey in November 2002. Following the signature of the readmission agreement with Hong Kong in November 2002 and the good progress in initialing the agreements with Macao (May 2002) and Sri Lanka (October 2002), negotiations are now also well under way with Russia, Morocco and Ukraine .

European Law-enforcement Area

As regards civil matters

In this area, which has a direct impact on citizens and enterprises, good progress continues to be made.

Similarly to the asylum field, and for the same reasons related to the need to guarantee the uniform application of Community law (see paragraph above on immigration and asylum), the Commission will negotiate, on the basis of a mandate from the Council, two parallel agreements extending to Denmark the provisions of Bruxelles I and the Regulation 1348/2000 on the transmission of acts.

The Directive on legal aid was adopted by the Council in January 2003 and following that the Commission is taking the necessary implementing measures (a Commission Decision creating a form for transmitting requests for judicial aid). In addition, in January 2003, the Commission also adopted a Green Paper on the Rome I Convention with a view to modernising it and possibly converting it in a Community instrument. At the same time, a public hearing took place on "Rome II", in view of the presentation of a proposal for regulation on the law applicable to non-contractual obligations, scheduled for the end of the first semester 2003.

The Commission has published, on 12 February 2003, an Action Plan on a more coherent European contract law, which launches a debate on three suggested measures, in particular on an optional instrument on European contract law. The Commission thereby maintains the transparent and consultative approach from the Communication of July 2001 and expects a similar or wider echo to define its future actions.

It should be noted that with the entry into force of the Nice Treaty, measures in this field, with the exception of aspects relating to family law, will henceforth be subject to the co-decision procedure. Currently, this applies to the proposal for a regulation on uncontested claims, for which, following the opinion of the European Parliament of April 2003, a modified proposal is going to be presented by the Commission shortlyFollowing the presentation of a Green Paper in December 2002, in the second semester of 2003 the Commission will present a proposal for a regulation establishing a European injunction-to-pay procedure and is planning for 2004 a proposal on litigation concerning small claims.

Despite the fact that the Council adopted in October 2002 the negotiation directives for an agreement between the Community and the Lugano Convention States to facilitate the mutual recognition of judgments in civil and commercial matters, it will not be possible to conclude the negotiations until the Court of Justice gives its opinion on the Community competence, as requested by Council.

On parental responsibility, a proposal for a decision authorising Member States to ratify the Hague Convention of 1996 is expected in May. This follows the Council Decision for the signature of the Hague Convention adopted last December.

The Council is going to adopt shortly the authorisation for the signature by the Community of the Council of Europe Convention on contact concerning children.

In March 2003, the Commission organised an expert meeting on the law applicable to divorce and it intends to present a White Paper on this issue by the end of 2003. The results of the study on marriage regime will be ready in 2003. Furthermore, in April 2003 the Commission requested the authorisation for negotiating a Convention on maintenance obligations in the framework of the Hague Conference of International Private Law. The Commission is planning to present a Green Paper on maintenance claims in 2004.

Concerning alternative dispute resolution (ADR), a public hearing was organised in February 2003 on the Commission's Green Paper of 2002. Work will be launched in 2003 with a view to develop a European plan of best practices for mediation.

In order to increase the visibility of the direct impact that judicial co-operation in civil matters has on citizens and enterprises, an information campaign is being launched. Furthermore, the European Judicial Network in Civil Matters, which has been operational since December 2002, launched its web-site in March 2003.

As regards criminal matters

In February 2003, the Commission presented a Green Paper on procedural safeguards for suspects and defendants in criminal proceedings throughout the European Union. This was one of the priorities of the Commission Legislative and Work Programme for 2003. The Commission regards it as a complement to the mutual recognition programme and as a necessary step to strike a balance between the respect of law and the protection of fundamental rights of the individuals. On the basis of the Green Paper the Commission has invited Member States, civil society and practitioners to contribute to the debate, which is essential if the principle of mutual recognition is to be effectively applied within the whole of the EU, both in its present and its future compositions. Following that process, the Commission plans to present a proposal for a Framework Decision in the second semester of 2003. A first discussion on procedural guarantees took place at the informal Council of Veria in March 2003.

The Court of Justice has issued his judgment in "ne bis in idem" matters in the cases of Gözütok/Brügge. Furthermore, the Greek Presidency has presented an initiative on the application of the "ne bis in idem" principle. In this context, the Commission is going to present a Communication on jurisdiction in the context of mutual recognition of decisions in criminal matters, namely concerning preventing conflicts of jurisdiction.

Concerning victims in the framework of criminal proceedings, the Commission is about to present a first report on the implementation of the framework decision on the status of victims.

Regarding the mutual recognition of decisions at the pre-trial stage, the Council is still to formally adopt the framework decision on the freezing of assets and evidence. For its part, the Commission intends to present in June a proposal for a framework decision on the European warrant for obtaining objects, documents and data for use in proceedings in criminal matters. This proposal, which applies the principle of mutual recognition to orders to obtain objects, documents and data, will allow more rapid and efficient co-operation and will replace the existing regime of mutual assistance, in conformity with the Tampere conclusions. Furthermore, a Green Paper is planned for the second semester of 2003 on the adoption of an instrument enabling control, supervision or preventive measures ordered by a judicial authority pending the trial court's decision to be recognised and immediately enforced.

Following the Danish initiative for a Council decision on the reinforcement of co-operation between Member States on disqualification decisions, the Commission will present in the second semester of 2003 a Communication on the mutual recognition of disqualifications.

The Council of May could reach an agreement of principle on the framework decision on the application of mutual recognition to financial penalties.

As concerns the approximation of substantive criminal law, the Commission is going to present in July a Green Paper on the approximation, recognition and execution of criminal penalties in the European Union, which would be followed by a Framework Decision at the end of 2003. The objective of harmonisation is to ensure a level of protection that is effective and equivalent for citizens in all the EU territory, through providing similar criminal penalties for the same crimes. By eliminating considerable divergence between penalties from one Member State to another, criminals can no longer benefit from 'safe havens' caused by the fact that in some Member States penalties are lower for the same crime.

Union-wide Fight against Crime

The fight against terrorism is amongst the priorities of the EU for 2003, as reflected in the Commission Legislative and Work Programme 2003. In this context the Commission will present in the second semester of 2003 a communication on the fight against the financing of terrorism accompanied by a proposal for a decision on the exchange of information concerning terrorism. In December 2002, a Council Decision on the implementation of specific measures for police and judicial co-operation to combat terrorism was adopted. For the end of 2003 a report on the implementation of the framework decision on combating terrorism will also be presented.

As regards Europol, the Council is about to adopt adopting a Council Act to amend the Europol Convention in a large number of areas in order to make it function more effectively. In particular, the competence of Europol will be better defined, Europol will be the EU contact point for counterfeiting the euro and contact between Europol and Member States' police services will be enhanced. Finally, on 19 February the Commission and Europol signed a co-operation agreement.

In March 2003, a working document of the Commission services took stock of the progress made in the implementation of the "European Union Strategy for the beginning of the next Millennium" on prevention and control of organised crime.

An efficient policy in the fight of all types of crime must include preventive measures. In this respect, the Commission will present in the second semester of 2003 a Communication the prevention of general crime to follow up its initial Communication of December 2000 and set the priorities for the next five years. A meeting of the national representatives of the European Crime Prevention Network was held in Athens on February 2003. Furthermore, numerous seminars of the Forum on the prevention of organised crime are scheduled for this year. The first meetings took place in January to discuss counterfeiting and piracy.

Scientific support is also provided by the Commission to prevent and deal with organised crime under the programme on "Scientific Support for Policies" of the 6th Framework Programme.

The fight against crime requires a horizontal action across EU policies and for 2003 the Commission will initiate an evaluation exercise of legislative crime proofing.

Concerning co-operation between law enforcement authorities of the Member States, the Council of May adopted a recommendation on a model agreement for joint investigation teams. In February 2003, the Council adopted a Decision on the common use of liaison officers seconded by the law enforcement authorities of the Member States.

In the course of the second semester of 2003, the Commission will present a Communication on co-operation between police and custom authorities in the EU.

Concerning custom co-operation, the Council adopted in May a protocol amending the Convention on the use of information technology for customs purposes to allow for the creation of a customs files identification database.

Turing to the fight against specific forms of crime, in March 2003 the Commission created a consultative group on the fight against trafficking in human beings. The Brussels Declaration resulting from the European Conference on Preventing and Combating Trafficking in Human Beings (which took place in Brussels in September 2002) will be the basis for future action at the EU level, as was also reaffirmed by the Council of Justice and Home Affairs of May.

In February 2003 the Council reached political agreement on the Commission's proposal for a framework decision on attacks against information systems, which was formally adopted in May. However, the Commission proposal of November 2001 for a framework decision on racism and xenophobia, despite being high on the agenda of the Greek Presidency, is not likely to be adopted by June 2003.

The Commission is about to adopt a communication for a common policy against corruption.

In March 2003, the Commission presented a proposal of Directive on ship-source pollution and on the introduction of sanctions, including criminal sanctions, for pollution offences. The Directive has been complemented in May by a proposal for a framework decision to strengthen the criminal law framework for the enforcement of the law against ship-source pollution.

Regarding the reinforcement of the protection of the Community's financial interests, the Commission submitted in April 2003 an evaluation report on the activities of OLAF. A report on the follow-up of the Green Paper of 2001 relating to the European Prosecutor was presented in March 2003.

Concerning money-laundering, in June 2003 the Commission intends to present a Communication evaluating the action undertaken to combat financial crime under the third pillar. Political agreement on the Danish initiative for a framework decision on confiscation was reached in December 2002.

Policy on internal and external borders and visas, and Schengen

Progress has been made on the implementation of the Action Plan on external border management, in line with the priorities set at the European Council of Seville. The progress made on the overall "Seville package" will be discussed at the European Council of Thessaloniki in June. In that occasion, the Commission intends to present a report taking stock the work made on the basis of the three action plans adopted in 2002 and concerning respectively the fight against illegal immigration, border control and the return policy. This report will be complementary to that prepared by the Greek Presidency in co-operation with the Commission on the operational projects and pilot projects on border control that have been taking place over recent months.

For the first semester 2003 - in conjunction with the development of operational projects and pilot projects; improving co-ordination between liaison officers; the preparation by the Commission of feasibility studies on maritime border control, burden sharing and the establishment of a Visa Information System - the Commission is working on the presentation of a proposal to recast the Schengen Common Manual on external borders.

Concerning specifically the Visa Information System, the Commission will submit a proposal for a regulation on its development during the second semester of 2003.

As for the development of the Schengen Information System (SIS II), the first report from the Commission's services to the Council and the European Parliament was transmitted in February 2003 and the feasibility study was finalised in April 2003 as scheduled.

In the framework of developing a common visa policy, and as requested by the European Council of Seville, the Council adopted in March 2003 a Regulation amending Regulation 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States and those whose nationals are exempt from that requirement. Following this instrument, the Commission will present in June 2003 a report on the implications of reciprocity in the field of visa policy. Furthermore, the Council adopted in February 2003 a Council Regulation on visas issued to seamen in transit. In April 2003, the Commission presented a proposal for a Regulation facilitating the procedures for applying for and issuing of visas to the members of the "Olympic family" in view of the Olympic games in Greece in 2004.

The Council adopted in April a Regulation establishing a Facilitated Transit Document (FTD) and a Facilitated Rail Transit Document (FRTD) and a Regulation establishing their uniform format. These proposals form an important part of the measures to be implemented to address the peculiar situation of the enclave of Kaliningrad in view of the future external borders of the European Union.

The external dimension of these policies, particularly as regards the association of Switzerland with the Schengen acquis, are discussed in the chapter on "stronger external action" below.

Citizenship of the Union

As concerns the development and full respect of fundamental rights and the promotion of European citizenship, a report on the derogations granted with regard to the right to vote and to stand as a candidate in elections to the European Parliament was presented by the Commission in January 2003. In addition, the Commission adopted in April 2003 a Communication on measures to be taken to ensure participation by all citizens in the 2004 elections to the European Parliament in an enlarged Union. A report on the Application of Directives 90/364/EC, 90/365/EC and 93/96/EC on the right of residence of persons who are economically inactive was adopted in March 2003.

Following the opinion of the European Parliament of February 2003, the Commission presented, in April 2003, a modified proposal for a directive related to the right of EU citizens and their families to free movement and stay in the territory of the EU.

European citizenship, together with balancing security and liberty, is one of the issues for which research is undertaken under the 5th RTD Framework Programme. This will be continued under Priority 7 "Citizens and governance in the knowledge based society" of the 6th RTD Framework Programme.

In the wider area of protection of vulnerable groups, a proposal for the second phase of the DAPHNE programme (2004-2008) on measures aimed to prevent violence towards children, young people and protect victims and at risk groups was presented in February 2003.

Furthermore, in the framework of fundamental rights, the Commission is going to present by the summer a communication on the application of article 7 of the Treaty on the European Union.

Cooperation against Drugs

Despite the fact that the European Council of Laeken asked for the adoption by May 2002 of the Commission's proposal for a framework decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the area of drug trafficking, work is still on-going in the Council and there is little hope that this key instrument will be agreed during Greek Presidency.

In the framework of the implementation of the Plan of Action against drugs (2000-2004), an initiative has been submitted to the Council by the Greek Presidency and the United Kingdom in view of the adoption of a plan for the implementation of the priority actions.

In February 2003, the Council adopted a Resolution on the treatments of drug addicts in prison and the Council is about to adopt the Commission's proposal for a recommendation concerning the prevention and reduction of the risks linked to drug addiction.

For the second semester of 2003, the Commission will present a Communication on improving drugs co-ordination mechanisms for drugs at European and national level.

Stronger External Action

On 16 April, ten future Member States of the European Union signed the accession treaties. This is an enlargement of an unprecedented scale and requires that the necessary means, including in financial terms, are made available to guarantee that all conditions of membership can be met, particularly regarding the second step following enlargement, which is the lifting of internal border controls on persons. For seven of the ten countries signing the treaties, a specific and additional financing, the so-called "Schengen Facility" has therefore been foreseen for the years 2004-2006 in a Protocol annexed to the accession treaties. Meanwhile, accession negotiations on Chapter 24 on justice and home affairs are continuing with Romania and Bulgaria.

In the first semester of 2003, priority has been given to further work to strengthen the administrative and judicial capacity of and generally to assist the ten acceding countries in meeting the commitments undertaken during accession negotiations. The extensive special JHA monitoring mechanism has been intensified in relation to the ten acceding countries. For the other candidate countries, the Accession Partnerships have been updated, including a JHA section. New Phare projects in the JHA area have been launched to assist Bulgaria and Romania while in Turkey the first twinning projects are being launched.

Concerning the Western Balkans, the development of a strategy to fight against organised crime is on the top of the EU agenda and the Commission is preparing new institution-building measures in response. An open debate on the Western Balkans was held by the Council in February. A JHA Ministerial Troika was held on 22 April with Western Balkans, Bulgaria, Romania and Turkey and Western Balkans are on the agenda of the European Council of Thessaloniki.

For the Mediterranean countries, the decision has been taken to launch "justice and security" sub-committees under the Association Agreements, starting with Morocco, and further steps have been taken to implement the new JHA regional programme.

Negotiations on readmission agreements are progressing, as detailed in the chapter "A common EU asylum and migration policy".

With Russia and Ukraine, work is under way, notably to foster implementation of the action plans on JHA.

Negotiations on the agreement with the United States on extradition and judicial co-operation in criminal matters, which is a priority in the Union's agenda, are progressing.

Negotiations with Switzerland with a view to that State's participation in the Schengen acquis and the Dublin Convention are under way. Concerning Norway and Iceland and the agreement associating them to the the Schengen acquis, the Council adopted a Decision in February 2003 laying down those provisions of the 1995 Convention on a simplified extradition procedures between the Member States of the EU and those provisions of the 1996 Convention relating to extradition between the member States of the EU which are to be considered as a development of the Schengen acquis.

Concerning multilateral instruments, the Commission intends to submit in 2003 a proposal for the conclusion of the UN Convention on organised crime and its protocols.

Adopted Commission proposals and Member States' initiatives in Justice and Home Affairs awaiting action in other EU institutions

This list aims to highlight the main Commission proposals and Member States' initiatives that await action in the other EU institutions or adoption following the lifting of national reservations in order to fulfill the obligations set by the Amsterdam Treaty and the conclusions of the European Council of Tampere in view of realising an European area of Freedom, Security and Justice by May 2004.

Common asylum policy:

- Proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugees status

- Proposal for a Council Directive on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection

Common immigration policy and fight against illegal immigration:

- Proposal for a Council Directive on the right to family reunification

- Proposal for a Council Directive concerning the status of third country nationals who are long term residents

- Proposal for a Council Directive on the conditions of entry and residence of third-country nationals for the purpose of paid employment and self-employed economic activities

- Proposal for a Council Directive on the short-term residence permit issued to victims of action to facilitate illegal immigration or trafficking in human beings who co-operate with the competent authorities

- Proposal for a Council Directive on the conditions of entry and residence of third country nationals for the purposes of studies, vocational training or voluntary service

- Proposal for a Council Decision setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Council Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals

- Initiative of the Federal Republic of Germany with a view to adopting a Council Directive on assistance in cases of transit for the purposes of removal by air

Internal and external borders, common visa policy:

- Proposal for a Council Directive relating to the conditions in which third-country nationals shall have the freedom to travel in the territory of the Member States for periods not exceeding three months, introducing a specific travel authorisation and determining the conditions of entry and movement for periods not exceeding six months

- Initiative of the Kingdom of Spain with a view to adopting a Council Directive on the obligation of carriers to communicate passenger data

EU citizenship and protection of fundamental rights:

- Proposal for a Directive of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

- Proposal for a Decision of the European Parliament and of the Council establishing a second phase of a programme of Community action (2004-2008) to prevent violence against children, young people and women and to protect victims and groups at-risk (the Daphne II programme).

A genuine area of justice in civil law matters:

- Proposal for a Council Directive on compensation to crime victims

- Proposal for a Council Regulation creating a European enforcement order for uncontested claims

- Proposal for a Council Regulation concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and in matters of parental responsibility repealing Regulation (EC) n. 1347/2000 and amending Regulation (EC) n. 44/2001 in matters related to maintenance

Fight against crime and a genuine area of justice in criminal matters:

- Proposal for a Council Framework Decision on combating the sexual exploitation of children and child pornography

- Proposal for a Directive of the European Parliament and of the Council on the criminal-law protection of the Community's financial interests

- Proposal for a Council Framework Decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drugs trafficking

- Proposal for a Council Decision on combating racism and xenophobia

- Proposal for a Council Framework Decision on attacks against information systems

- Proposal for a Directive of the European Parliament and of the Council on the Protection of the Environment through Criminal Law

- Proposal for a Directive on ship-source pollution and on the introduction of sanctions, including criminal sanctions, for pollution offences

- Proposal for a Council Framework Decision to strengthen the criminal law framework for the enforcement of the law against ship-source pollution

- Initiative of the United Kingdom, the French Republic and the Kingdom of Sweden with a view to adopting a Council Framework Decision on the application of the principle of mutual recognition to financial penalties

- Initiative of the Kingdom of Denmark with a view to the adoption of a Council Framework Decision on Confiscation of Crime-related Proceeds, Instrumentalities and Property

- Initiative of the Kingdom of Denmark with a view to the adoption of a Council Framework Decision on the execution in the European Union of confiscation orders

- Initiative of the Kingdom of Denmark with a view to adopting a Council Decision on increasing cooperation between European Union Member States with regard to disqualifications

- Initiative by the Governments of the French Republic, the Kingdom of Sweden and the Kingdom of Belgium for the adoption by the Council of a Framework Decision on the execution in the European Union of orders freezing assets or evidence

- Initiative of the Kingdom of Denmark with a view to adopting a Council Act drawing up, on the basis of Article 43(1) of the Convention on the Establishment of a European Police Office (Europol Convention), of a Protocol amending that Convention.

- Initiative of the Republic of Greece for the adoption of a Framework Decision on the application of the "ne bis in idem" principle.

2. A common EU asylum and migration policy

The Tampere priorities:

The separate but closely related issues of asylum and migration call for the development of a common EU policy. The Seville European Council formally restated the need for this and set precise deadlines for the adoption of legislative instruments.

2.1. Partnership with countries of origin

The European Union needs a comprehensive approach to migration, addressing political, human rights and development issues in countries and regions of origin and transit. A partnership with the relevant countries will also be a decisive factor for the success of this policy with a view to promoting co-development.

After the Tampere European Council, the themes related to justice and home affairs were integrated in a specific manner in the cooperation programmes with third countries (e.g. the national and regional strategy documents adopted by the Commission).

Objective: Assessment of countries and regions of origin and transit in order to formulate specific integrated approaches

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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.

A common asylum procedure and a uniform status for refugees must also be established, to be valid throughout the Union.

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.

Objective: To determine the State responsible for examining an asylum application

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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 Laeken European Council recalled the importance of incorporating policy on migratory flows in the Union's external relations policy, of stepping up the fight against illegal immigration by combating the criminal organisations involved while guaranteeing victims' rights, and asked for a plan of action to developed on the basis of the Commission's communication on illegal immigration and trafficking in human beings. The Seville European Council confirmed this and asked for measures to respect a fair balance between (a) a policy of integration of legal immigrants and an asylum policy complying with international conventions and chiefly the Geneva Convention of 1951 and (b) a resolute fight against illegal immigration and trafficking in human beings. The Council has also requested that the Commission present a report on the effectiveness of the financial resources available at community level as regards repatriation of immigrants and those with rejected asylum claims, of management of external borders and asylum and migration projects in third countries, and the report will be made at the Thessaloniki European Council.

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3. A Genuine European Area of Justice

The Tampere priorities:

The aim is to give the general public a shared sense of justice throughout the European Union, seen as a means of facilitating the daily life of persons and the possibility of calling to account 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.

The Tampere Summit called for practical steps to be taken to improve access to justice in Europe and for mechanisms to be put in place to protect victims' rights. It also advocated developing machinery for the mutual recognition of judicial decisions.

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 and will make it possible to respond to the call made at the Laeken European Council for "efforts to surmount the problems arising from differences between legal systems". 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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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

Tampere priorities and EU strategy against organised crime at the beginning of the new millennium

The Tampere European Council called for 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 and certain priority areas should be identified.

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4.2. Stepping up cooperation in the fight against crime

In a genuine area of justice, criminals must not find ways of exploiting differences in the judicial systems of Members States. In its work on the protection of the Community's financial interests, the Laeken European Council took note of the Green Paper adopted by the Commission on a European Public Prosecutor and asked the Council to examine it quickly.

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 conferring additional powers on Europol, recognised the latter's essential and central role in facilitating European cooperation in preventing and combating organised crime.

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4.3. Fight against certain specific 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. At its meeting of 27-28/9/01, the Council stated that it would make progress without delay on the general methodology to be followed in the harmonisation of penalties, and on 25-26 April 2002 it adopted conclusions on the approach to be followed for harmonisation of penalties.

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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 to root it out wherever it occurs and to ensure that concrete steps are taken to trace, freeze, seize and confiscate the proceeds of crime. The special European Council held on 21 September 2001 also stressed the importance of the fight against the financing of terrorism.

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5. Policy on internal and external borders; visas; implementation of Article 62 of the EC Treaty; Converting the Schengen acquis

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6. Citizenship of the Union

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7. Cooperation Against Drugs

Priorities of the EU drugs strategy

As a collective and individual threat, the drugs problem needs to be addressed in a global, multidisciplinary and integrated manner. In its Communication of November 2002 the Commission gave a mid-term review of the European Union Drugs Action Plan (2000-2004), which was approved by the Copenhagen European Council. The final evaluation will be undertaken with the help of the Member States, the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and Europol.

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8. Stronger External Action

Priorities of the European Council meetings in Tampere and Feira

The European Union underlines that all powers and instruments at the disposal of the Union, 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.

With respect to non-candidate countries, the Commission has made an effort to integrate in a specific manner (and in accordance with a multi-annual programme), those aspects relating justice and home affairs in its cooperation programmes with third countries.

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9. Other current initiatives

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