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 2002)

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.

As on the previous occasion, a summary listing the main achievements since Tampere has been added in order to help the reader to interpret the tabular presentation.

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 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

9. Other current initiatives

1. Summary

This Part sets out the main progress made in implementing the conclusions of the Tampere European Council since the last version of the Scoreboard was presented by the Commission on 30 October 2001. Progress is detailed in the tables below.

The pre-Laeken issue of the Scoreboard included a mid-term review by the Commission of progress made in carrying out the Tampere programme. As was stated there, the detail of the measures to be taken is now well known and most of them have been tabled. But the Commission's assessment was rather less optimistic in areas where common policies and legislative proposals were still awaited and emphasised that certain proposals already under discussion were being used to test the Member States' keenness to press ahead as they had said they would.

The progress made these last six months, and in particular the decisions on the proposals concerning the European arrest warrant and the framework decision on terrorism, which are expected to be formally adopted in the near future, suggest that the Union is capable of taking practical action on the objectives set by the Amsterdam Treaty where the need for action conjoins with the will to act.

But this progress, however real, has to be assessed in the light of the timetable set at Tampere and of the progress that still needs to be made to achieve the Tampere programme within the time allowed, and also of the need for actual application in the Member States.

It should be remembered here that the Laeken European Council reasserted the Council's commitment to the Tampere guidelines and noted that, despite the progress that had been made, "there is a need for new impetus and guidelines to make up for delays in some areas". Moreover it stressed the importance of decisions taken by the European Union being rapidly transposed and/or implemented by the Member States [1] and of conventions concluded under the Maastricht Treaty being ratified without delay. [2]

[1] It should be noted that on 28 February the Council adopted its first report on the framework decision introducing criminal penalties to boost the protection of the euro against counterfeiting. This report is the first exercise to evaluate an instrument enacted under Title VI of the Union Treaty.

[2] The situation regarding ratifications set out in this Scoreboard is based on Member States' notifications to the Council General Secretariat.

The tables below provide a more detailed snapshot of the work that has been done and of the Commission's priorities for the next six months in such key areas for the attainment of an area of freedom, security and justice as asylum, immigration, justice, the fight against crime, external borders, citizenship and the enhancement of external action.

A common EU asylum and migration policy

The objectives set at Tampere were reaffirmed at the Laeken European Council on 14 and 15 December 2001; a common policy on asylum and immigration is to be adopted "as soon as possible".

Regarding asylum, the Council is continuing work on the proposals before it for the attainment of the first stage of establishment of the policy decided on at Tampere. In April 2002 the Council signified its agreement to the proposal for a Directive laying down minimum common standards for the reception of asylum-seekers.

In accordance with the conclusions of the Laeken European Council, the Commission will shortly be presenting an amended proposal for common minimum standards concerning the procedure for granting or withdrawing refugee status. As for the proposal for a Dublin II Regulation, the Commission and the Council, following consultations, have agreed to continue working on the basis of the Commission proposal.

The importance of Eurodac, the system to compare the fingerprints of asylum-seekers, for a genuine common policy on asylum and immigration was reiterated at Laeken, and development works continues. In February 2002 the Council adopted a Regulation laying down certain rules for the application of the Regulation of December 2000 setting up the system.

As regards immigration, the Commission presented an amended proposal on family reunification in May 2002, in accordance with the conclusions of the Laeken European Council.

The Tampere European Council stated that one of the objectives of the harmonisation of the conditions for admission and residence of third-country nationals should be a policy for integration based inter alia on resistance to all forms of discrimination. The Commission presented a proposal for a framework decision on racism and xenophobia in November 2001 to amplify the existing legislative arsenal. The Council meeting (Justice and Home Affairs) in April 2002 adopted conclusions on the fight against racism, anti-semitism and xenophobia.

The fight against illegal immigration has also been a priority matter these last few months. In November 2001 the Commission presented a communication on the subject, which was also covered in the recent communication on the management of external borders (see below). To boost the means of combating this kind of trafficking, a proposal for a directive on short-term residence permits for victims of trafficking in human beings and trafficking in migrants who cooperate with the authorities was presented by the Commission in February 2002.

In February 2002, in accordance with the conclusions of the Laeken European Council, the Council adopted a plan of action to combat illegal immigration and trafficking in human beings in the Union.

Regarding aid to countries of origin and transit, the Commission is planning to present a proposal before the end of the year for a legal basis for implementing the new budgetary instrument for cooperation with third countries, set up on the basis of the Resolution of the European Parliament of March 2000. Regarding readmission, the Council and the Commission, following the line set at Laeken, adopted a new list of priorities for the negotiation and conclusion of European readmission agreements. An agreement has been concluded with Hong Kong, and negotiations continued with Russia, Pakistan, Sri Lanka, Morocco and Macao. The Commission has also presented the Council with a negotiating brief for an agreement with Ukraine.

In April 2002 the Commission presented a Green Paper on a common policy on repatriation of persons residing unlawfully.

As for the implementation of the measures provided for by the Plan of Action against terrorism, a Commission working paper evaluated all its proposals in terms of the need to safeguard domestic security and to respect international protection obligations and instruments. [3]

[3] COM(2001)743, 5.12.2001.

Policy on borders, visas, implementation of Article 62 CE and conversion of the Schengen acquis

Apart from the adoption of technical decisions by the Council as regards consular instructions or standard visa formats, thought is now being given to establishing a common visa identification system (the Commission is shortly to launch a feasibility study) and, at the request of the Laeken European Council, the possibility of common consular offices.

Turning to the management of external borders, the Laeken European Council asked for arrangements for cooperation between services responsible for external border control to be worked out and for the conditions in which a mechanism or common services to control external borders could be created to be studied. In May 2002 the Commission presented a communication on the management of external borders in which it examines among other things possible ways of enhancing cooperation between national services and the conditions for establishing common machinery or even common services for border checks.

In December 2001 the Commission presented a communication on the development of the second-generation Schengen Information System to supersede the current system between now and 2006, allowing new Member States to join it, updating the technology and integrating new functions currently under discussion in the Council. The Council also adopted a legal basis enabling the Commission to assume responsibility for managing the technical development project from January 2002 with the assistance of a committee of experts from the Member States.

A Genuine European Area of Justice

In the two priority areas where the Tampere European Council called for practical measures to be taken - better access to justice and mutual recognition of judgments - progress has been made these last six months.

Regarding access to justice, the Commission presented a proposal for a Council Regulation in November 2001 establishing a general framework for Community activities to facilitate the implementation of a European judicial area in civil matters, which the Council adopted in April 2002. Regarding another essential aspect of access to justice, the Commission presented a proposal for a Directive on legal aid and financial aspects of litigation in January 2002.

Continuing its work on alternative dispute resolution after setting up the extra-judicial network for consumers (EEJ-Net) in October 2001, the Commission presented a Green Paper on the preparation of minimum quality standards for the out-of-court settlement of disputes in April 2002.

In April 2002, the Commission also presented a proposal for a Regulation to establish a European enforcement order for uncontested claims, which will make it possible to abolish all intermediate measures prior to enforcement. It is also considering presenting a Green Paper on further harmonisation of procedural rules relating to uncontested and small claims.

The Commission and the Member States have begun preparatory work for the operation of the European Judicial Network in civil matters set up in 2001, which will operate from December 2002.

Regarding the mutual recognition of judgments, which, as the Laeken European Council restated, should be continued in order to "surmount the problems arising from differences between legal systems", work progressed on both the civil and the criminal sides.

The mutual recognition programme adopted by the Council in November 2000 is the framework for gradually establishing the principle of mutual recognition.

In family matters, the Commission presented a proposal in May 2002 to merge its proposal for a Regulation on parental responsibility presented in September 2001 and the French initiative on children's visiting rights with Regulation (EC) No 1347/2000 (the Brussels II Regulation").

The establishment of the European enforcement order, mentioned above, would be real progress in implementing the mutual recognition principle on the civil side.

In March 2002, in conjunction with the international negotiations on jurisdiction and the recognition of judgments in civil and commercial matters, the Council adopted a Commission proposal for new negotiating directives for the negotiations in the Hague for an international Convention. In March 2002 the Commission presented a proposal for a negotiating brief to enable the Community to negotiate an agreement with the States parties to the Lugano Convention.

In criminal matters, the formal adoption of the proposal for a framework decision establishing a European arrest warrant and providing a procedure for surrender between Member States following the agreement of the Laeken European Council to the principle is definite progress, since it would replace existing extradition procedures. It also neatly illustrates the mutual recognition principle in practice on the criminal side.

Concerning the application of the mutual recognition principle to pre-trial orders, the Council also agreed in February 2002 to the principle of a framework Decision on enforcement in the Union of decisions freezing assets and evidence, which is now to be formally adopted. Following on from its July 2000 communication on the mutual recognition of final criminal judgments, the Commission is preparing a communication on grounds for jurisdiction in criminal matters for presentation in the second half of 2002. To extend its mutual recognition programme, the Commission is planning to present a communication shortly to propose minimum standards for pour certain aspects of criminal procedure. It has also begun analysing standards for the protection of individual rights in criminal proceedings in order to boost mutual trust that is essential to facilitate the application of the mutual recognition principle.

The convergence of legal systems is to back up the progress in mutual recognition. In connection with the debate on the harmonisation of penalties, where the Council adopted conclusions in April 2002 on the approach to be followed to the harmonisation of penalties which should facilitate discussion of present and future proposals and initiatives (see next section), the Commission launched a preparatory study on the control of custodial sentences in the Member States in the spring of 2002.

Union-wide Fight against Crime, including Terrorism

The fight against crime, including terrorism, is a Union priority on which substantial progress was made both in operational cooperation and in the European-level legislative basis to promote and facilitate such cooperation.

In the fight against terrorism, the Union takes various forms of action on the basis of the plan of action adopted by the European Council on 21 September 2001. Action here is reported on in the Council Presidency's monthly review. [4]

[4] Where measures taken on the basis of the Tampere conclusions also appear in the Plan of Action against terrorism, a footnote cross refers to the Plan of Action of 21.9.2001.

Eurojust, a unit consisting of prosecutors, judges and police officers having equivalent prerogatives, has existed in provisional form since March 2001 and was set up in its final form on the basis of a Council Decision taken on 28 February 2002. Its establishment, scheduled to take lace no later than September 2003, is an important part of ensuring proper coordination between the national prosecuting authorities and providing assistance in the investigation of cases of organised crime.

Following an initiative by several Member States and an Opinion from Parliament, the Council agreed in December 2001 to the principle of the establishment of joint investigation teams, provided for by the Convention on mutual judicial assistance in criminal matters adopted in May 2000. The new framework decision to be formally adopted soon should make it possible to anticipate the entry into force of the 2000 Convention on judicial assistance, which has been ratified so far only by Portugal.

The role of Europol was also reinforced when in December 2001 the Council approved an extension of its powers to all the forms of international crime mentioned in the Europol Convention. The Council also agreed in April 2002 to the principle of amending the Europol Convention so that Europol can participate in joint investigation teams and call on national authorities to conduct or coordinate inquiries in accordance with the Amsterdam Treaty (Article 30(2) of the Union Treaty).

The council agreed in April 2002 on a provisional location in Copenhagen of the secretariat of the European Police College.

In parallel with this development, the Commission presented a communication on the democratic control of Europol in February 2002.

To strengthen judicial and police cooperation, in particular with partners outside the Union, the Council adopted an amendment to the Act on rules for the transmission of personal data by Europol to third countries and outside bodies in February 2002.

At the same time, to simplify transfers while guaranteeing a high level of protection of personal data, the Commission is shortly planning to present a proposal on guarantees in transfers of personal data in the context of police and judicial cooperation in criminal matters.

In the fight against terrorism, the Council agreed in December to the principle of the proposal for a framework Decision presented by the Commission in September. The adoption of this proposal, once parliamentary reservations have been lifted, would be a significant step forward towards the emergence of a more integrated Union approach to criminal law in the fight against particularly serious and transnational crime. It should give a boost to other priority areas of the fight against serious or organised crime currently under examination, such as drugs and the sexual exploitation of children, where proposals are already before the Council.

In the fight against attacks on information systems, the Commission followed up its communication on cybercrime of January 2001 with a proposal for a framework Decision in April 2002.

With the fight against criminal gangs involved in trafficking in human beings and illegal immigration (see above), the fight against financial crime and money-laundering continues to rank high on the European institutions' agenda. In December 2001 the Council and the European Parliament adopted the Commission proposal to amend the money-laundering Directive, and in February 2002 the Council agreed to the principle of an initiative concerning the freezing of assets and evidence presented by France, Belgium and Sweden (see under mutual recognition), which is to be formally adopted in the near future once the remaining parliamentary reservations have been lifted.

Regarding the criminal protection of the Community's financial interests, the Commission adopted a Green Paper on the criminal protection of the Community's financial interests and the establishment of a European Public Prosecutor in December 2001, initiative which should be linked to the general context of the Tampere initiatives, particularly the mutual recognition principle, the European arrest warrant and cooperation with Eurojust and Europol. The Laeken European Council called on the Member States to examine it rapidly. The Commission proposal of spring 2001 for a Directive to boost the criminal protection of the Community's financial interests received favourable opinions in November 2001 from the European Parliament and the Court of Auditors.

The Union also continued working for international cooperation against organised crime in international bodies. In April 2002 the Commission presented a recommendation to the Council for a negotiating brief for the draft United Nations Convention against Corruption now being negotiated. As regards the United Nations Convention against organised crime and the three Protocols to it, the Community has now signed them all (the Firearms Protocol was the last to be signed), and the Commission is now planning a proposal for their conclusion by the Community on matters within its powers.

Europol is also an instrument for international cooperation that provides it with the means of supporting and enhancing efforts by the international community to combat crime. In December 2001 the Council adopted a decision authorising the director of Europol to enter into negotiations with third countries and bodies not linked to the European Union and amended the Act of 12 Mar 1999 on rules for the transmission of personal data by Europol to third countries and outside bodies.

Citizenship of the Union

The Commission proposal for a Directive to increase transparency and flexibility in certain aspects of the current rules governing movement and residence was welcomed by the Committee of the Regions and the Economic and Social Committee. It is now under discussion in the Council, and the European Parliament is working on its first opinion in the codecision procedure.

The Commission will soon be presenting a proposal for a Regulation on a uniform format for residence permits for Union citizens and members of their families

Cooperation Against Drugs

Implementing the European Union Drugs Action Plan (2000-2004), the Commission is evaluating progress made by the Union and the Member States.

In the fight against synthetic drugs and trafficking in chemical precursors, it is also evaluating Community legislation on the international control of chemical precursors and intra-Community surveillance of them. It also launched an evaluation of the implementation of the Council Joint Action on the control of new synthetic drugs. The results of all these evaluations are expected by the end of the year. In February 2002 the Council adopted a Commission proposal for a decision defining PMMA as a new synthetic drug subject to controls and criminal penalties, and in April 2002 there was a recommendation on the need to reinforce cooperation and information exchanges between operational units in the Member States specialising in combating trafficking in chemical precursors.

The proposal for a Framework Decision on minimum standards for the definition of offences and the penalties applicable to them in the field of illicit trafficking in drugs enjoys the highest priority in the Council and the European Parliament, in accordance with the conclusions of the Laeken European Council, which asked that it be adopted before the end of May 2002. Parliament adopted its opinion on the Commission proposal in April 2002.

Stronger External Action

The reinforcement of the Union's external action and the dimension relating to the establishment of an area of freedom, security and justice is a priority asserted at the Feira European Council that current international circumstances have further boosted. The importance of this was restated at Laeken.

Action has been built up in a variety of processes.

First, enlargement, where efforts to integrate justice and home affairs have continued and support has been given to the effort made by the applicant countries regarding their administrative and judicial systems. Examination of the Justice and Home Affairs Chapter (Chapter 24) has now been completed with seven of the applicant countries - Hungary, the Czech Republic, Slovenia, Cyprus, Malta, Estonia and Lithuania.

Then the stabilisation of the Balkans, with the preparation of a regional and a country-by-country strategy under the CARDS programme (Community Assistance for Reconstruction, Development, and Stabilisation) and preparation for the negotiation of Stabilisation and Association Agreements with Albania and the Federal Republic of Yugoslavia.

Lastly, the Euromed dialogue, with measures to amplify the justice and home affairs dimension in the Meda programme.

Cooperation with third countries was also stepped up, notably with the United States in accordance with the conclusions of the Council of 20 September 2001 (in April 2002 the Council indicated its agreement to a negotiating brief for an agreement between the European Community and the United States for cooperation in criminal matters), with Russia under the Cooperation and Partnership Agreement and the Common Action Plan against organised crime, and with Ukraine under the new Justice and Home Affairs Action Plan.

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.

In the context of these priorities, the Laeken European Council undertook to see that a common policy on asylum and immigration was adopted at the earliest possible opportunity.

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.

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.

In the long term, a common asylum procedure and a uniform status for refugees must 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 restated the importance of integrating policy on migratory flows into the Union's external policy. The fight against illegal immigration will be enhanced by combating the criminal networks involved while securing the rights of victims. The Laeken European Council asked for a plan of action based on the Commission communication on illegal immigration and trafficking in human beings to be developed.

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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 included 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 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. The Commission is planning a communication on the 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 and asked that a report be prepared on it by June 2002.

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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

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. The EU Plan of Action against Drugs (2000-2004) will be assessed 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

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.

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9. Other current initiatives

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