EN    EN EN 
 
EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 10.6.2009 
SEC(2009) 767 final 
  
COMMUNICATION FROM THE COMMISSI ON TO THE COUNCIL, THE 
EUROPEAN PARLIAMENT, THE EU ROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMI TTEE OF THE REGIONS 
JUSTICE, FREEDOM AND SECURITY  IN EUROPE SINCE 2005:  
 
AN EVALUATION OF THE HAGUE PROGRAMME AND ACTION PLAN 
General overview of instruments and deadlin es provided in the Hague Programme and 
Action Plan in the fields of justice, freedom and security  
 
Institutional Scoreboard  
 
{COM(2009) 263 final} 
{SEC(2009) 765 final} {SEC(2009) 766 final} 
 
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1. GENERAL  ORIENTATIONS4 
1.1. EVALUATION 
- Setting up of a system for objective and impartial evaluation of  the implementation of EU meas ures in the field of freedom, s ecurity and justice  
1. Communication on and 
proposal for the creation 
of an evaluation 
mechanism, as envisaged 
by Article III-260 of the 
Constitutional Treaty  Commission 2006 √ Achieved  
The Communication from the Co mmission to the Council and the European Parliament 
"Evaluation of EU polic ies on Freedom, Security and Ju stice", proposing an evaluation 
mechanism at EU level for policies in this area, was adopted on 28 June 20065. A 
proposal for the establishment of the eval uation mechanism has never been adopted. 
1.2. RESPECT FOR AND ACTIVE PROMOT ION OF FUNDAMENTAL RIGHTS 
- Framework Programme “Fundamental rights and ju stice” under the new Financial Perspectives (2005)  
                                                 
1 See the Council and Commission Action Plan implementing the Hague Programme on strengthening freedom, security and justice in the European Union (OJ C 198, 
12.8.2005, p. 1). 
2 All legislative proposals are in italics. 
3 "Achieved", "delayed", "postpon ed" or "ongoing" refer to the actions foreseen under the Action Plan. The level of achievement of any action must be read in 
conjunction with the request made by the Action Plan and the correspondent Institution responsible for delivering it.  
4 This table uses the same classification/titles as provided for under the Hague Action Plan. 
5 COM(2006) 332 final. 
 
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1.2 
(a) Proposal for a Decision 
establishing a specific 
programme on citizenship 
and fundamental rights  Commission 2005 √ Achieved  
The proposal for a Council Decision establis hing for the period 2007-2013 the specific 
programme “Fundamental rights and citizenshi p” as part of the general programme 
“Fundamental Rights and Justice”  was adopted on 6 April 20056. The Council Decision 
2007/252/JHA establishing for the period  2007-2013 the specific programme 
‘Fundamental rights and citi zenship’ as part of the General programme ‘Fundamental 
Rights and Justice’ was adopted on 19 April 20077. 
                                                 
6 COM(2005) 122 final. 
7 OJ L 110, 27.4.2007, p. 33. 
 
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1.2 
(b) Proposal for a Decision 
establishing a specific 
programme on the fight 
against violence (Daphne) 
and drugs prevention and 
information  Commission 2005 √ Achieved  
The proposal for a Decision of the European Parliament and of th e Council establishing 
for the period 2007-2013 the specific programme  "Fight against violence (Daphne) and 
drugs prevention and information" as part  of the General programme "Fundamental 
Rights and Justice" was adopted on 6 April 20058. The two strands of this programme 
were split on 24 May 2006 into two different specific programmes: one on Fight against 
violence (Daphne) and the other one on Drugs prevention and information9. This split 
answered requests in that sense by the Europ ean Parliament, civil society organisations 
and most of the Member States. The Decision No 779/2007/EC of the European 
Parliament and of the Council establis hing for the period 2007-2013 a specific 
programme to prevent and combat violen ce against children, young people and women 
and to protect victims and groups at risk (D aphne III programme) as part of the General 
Programme "Fundamental Rights and Jus tice" was adopted on of 20 June 2007. 
The Decision No 1150/2007/EC of the Europ ean Parliament and of the Council 
establishing for the period 2007-2013 the Sp ecific Programme "Drug prevention and 
information" as part of the General Progr amme "Fundamental Rights and Justice" was 
adopted on 25 September 2007. 
- Accession of the European Union to the Eu ropean Convention for the protection of hu man rights and fundamental freedoms (infor mal 
discussions to be started in 2005) 
                                                 
8 COM(2005) 122 final. 
9 COM(2006) 230 final. 
 
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1.2. Accession of the European 
Union to the European 
Convention for the 
protection of human rights 
and fundamental freedoms Commission  • Postponed  
There is no legal basis under the curr ent Treaties relate d to this action. 
1.2. 
(c) Proposal extending the 
mandate of the European 
Monitoring Centre on 
Racism and Xenophobia 
towards a Fundamental 
Rights Agency  Commission 2005 √ Achieved  
The proposal for a Council Regulation esta blishing a European Union Agency for 
Fundamental Rights and the proposal for a C ouncil Decision empowering the European 
Union Agency for Fundamental Rights to pursue its activities in areas referred to in 
Title VI of the Treaty on European Uni on were adopted by the Commission on 30 June 
200510. The Council Regulation (EC) No 168/ 2007 establishing a European Union 
Agency for Fundamental Rights was adopted on 15 February 200711. 
- Promotion and protection of women and child rights 
1.2. 
(d) Daphne II work 
programme: 2006 Commission 2005 √ Achieved 
The work programme was approved at the end of December 2005. A call for proposals 
was issued, with a deadline of 10 February 200612. 
                                                 
10 COM(2005) 280 final. 
11 OJ L 53, 22.2.2007, p. 1. 
12 http://ec.europa.eu/justice_home/funding/2004_2007/daphne/doc/annual_programme_2006_en.pdf. 
 
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1.2. 
(e) Study on prevention 
measures to combat 
violence against women Commission 2006 √ Achieved  
Several projects have been financed thr ough the programme Daphne II in 2005 on issues 
related to the prevention of  violence against women. 
1.2. 
(f) Communication on the 
protection of the rights of 
the child Commission 2005 √ Achieved13 
On 4 July 2006 the Commission adopted a Co mmunication "Towards an EU Strategy on 
the Rights of the Child"14, which establishes a comprehensiv e EU approach to effectively 
promote and safeguard the rights of the child  in the European Union's internal and 
external policies and to support Memb er States’ efforts in this field . 
- Protection of personal data 
1.2. 
(g) Communication on the 
follow-up measures to the 
Work Programme for a 
better implementation of 
the data protection 
Directive Commission 200515 √ Achieved  
The Communication was adopted on 7 March 200716. 
                                                 
13 Achieved in 2006. 
14 COM(2006) 367 final. 
15 Achieved in 2007. 
16 COM(2007) 87 final. 
 
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1.2. 
(h) Communication on PETs 
(privacy enhancing 
technologies) Commission 200517 √ Achieved  
The Communication was adopted on 2 May 200718. 
1.2 
(i) Proposal for legislation on 
the protection of personal 
data in the context of 
police cooperation and 
judicial cooperation in 
criminal matters   Refer to point 3.1. (c) 
1.3. EUROPEAN COURT OF JUSTICE 
1.3. 
(a) Proposal on means to 
enable the European Court 
of Justice to handle 
requests for preliminary 
rulings concerning the 
area of freedom, security 
and justice Commission 200619 √ Achieved  
The Council Decision 2008/79/EC, Euratom a nd the Amendments to the Rules of 
Procedure of the Court of Justice enabling th e Court to deal more quickly with very 
urgent questions referred for a prelimin ary ruling were adopted in December 200720 on 
the basis of an initiative of the Court itself.  
                                                 
17 Achieved in 2007. 
18 COM(2007) 228 final. 
19 Achieved in 2007. 
20 OJ L 24, 29.1.2008, p. 42 and OJ L 24, 29.1.2008, p. 39. 
 
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1.4. EUROPEAN STRATEGY ON DRUGS 
- EU Action Plans on drugs 2005 to 2008 and 2009 to 2012  
 EU Action Plan on drugs 
2005 to 2008 Commission 2005 √ Achieved  
Following the endorsement by the Council of the EU Drugs Strategy (2005-2012) of 
December 200421, the Commission adopted a Communi cation on an EU Drugs Action 
Plan (2005-2008) on 14 February 200522. The EU Drugs Action Plan was adopted by the 
Council on 28 June 200523. 
 EU Action Plan on drugs 
2009 to 2012 Commission 2009 √ Achieved24 
Following the endorsement by the Council of the EU Drugs Strategy (2005-2012) of 
December 2004, the Commission adopted a Comm unication on an EU Drugs Action Plan 
(2009-20012) on 18 September 200825. The EU Action Plan on drugs was adopted by the 
Council in December 200826.  
                                                 
21 Council document 15074/04. 
22 COM(2005) 45 final. 
23 OJ C 168, 8.7.2005, p. 1. 
24 Achieved in 2008. 
25 COM(2008) 567 final. 
26 OJ C 326, 20.12.2008, p. 7. 
 
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1.4. 
(a) Continuous evaluation of 
the EU Action Plan on 
drugs 2005 to 2008 Commission Annual √ Achieved  
Since 2006, the Commission publishes annual re ports on the implemen tation of the EU 
Drugs Action Plan 2005-200827. 
1.4. 
(b) Green Paper on the role of 
civil society in formulating 
policies in the drugs field Commission 2006 √ Achieved  
On 26 June 2006 the Commission adopted a Green Paper on the Role of Civil Society in 
Drugs Policy in the European Union28. The objective was to bri ng those most directly 
concerned by the drugs problem more closely into the policy process at the EU level by 
launching a wide ranging consultation on how to organise a structured and continuous 
dialogue between the Commission and civil so ciety. The Commission received 65 replies 
to the open consultation that followed the publication of the Green Paper. All these 
proposals have been carefully studied and the Commission has se t up a Civil Society 
Forum on drugs. 
                                                 
27 For the year 2006, SEC(2006) 1803, Progress Review on the implementation of the EU Drugs Action Plan (2005-2008); for the year  2007, COM(2007) 781 final and 
SEC(2007) 1739; for 2008, SEC(2008) 2456, Report on the Final Evaluation of the EU Drugs Action Plan (2005-2008). 
28 COM(2006) 316 final. 
 
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1.4. 
(c) Report on the 
implementation and 
functioning of the 
Framework Decision on 
drugs trafficking Commission 2007 • Delayed  
The Commission is expected to submit the first report in 2009. Only 11 Member States 
sent their report on transposition by the deadline of 12 May 2006. 
1.4. 
(d) Progress report on and 
impact assessment of the 
EU Action Plan on drugs 
2005 to 2008 Commission 2008 √ Achieved  
The achievements of the EU Action Plan on dr ugs 2005 -2008 were presented in the final 
evaluation of the EU Action Plan on drugs 2005-200829, adopted on 18 September 2008. 
1.4. 
(e) Communication on an EU 
Action Plan on drugs 2009 
to 2012 Commission 2009 √ Achieved30 
The Commission presented the Communication on 18 September 200831. The Council 
endorsed the EU Action Plan on drugs in December 200832.  
1.5. EXTERNAL RELATIONS 
- Strategy on all the external aspects of th e Union policy on freedom, security and ju stice, based on the measures developed in  the Hague 
programme  
                                                 
29 SEC(2008) 2456. 
30 Achieved in 2008. 
31 COM(2008) 567 final. 
32 OJ C 326, 20.12.2008, p. 7. 
 
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 Strategy on all the 
external aspects of the Union policy on freedom, security and justice, based on the measures developed in the Hague programme Council 2005 √ Achieved  
The Council adopted the "Strategy for the Ex ternal Dimension of JHA: Global Freedom, 
Security and Justice" on 12 December 200533. 
1.5. Communication on all the 
external aspects of the 
Union policy on freedom, 
security and justice 
(contribution to the 
Strategy) Commission 2005 √ Achieved  
The Commission adopted the Co mmunication “A Strategy on th e external dimension of 
the area of Freedom, Security and Justice”34 on 12 October 2005. Together with the 
contribution from the Council’s General Secretariat35, it served as a basis for the Strategy 
for the External Dimension of JHA endorsed by the Council in December 2005. 
                                                 
33 Council document 15446/05. 
34 COM(2005) 491 final. 
35 Council document 12850/05. 
 
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2. STRENGTHENING  FREEDOM 
2.1. CITIZENSHIP OF THE UNION 
2.1. 
(a) Report on the application 
of Directives 90/364/EEC, 
90/365/EEC and 
93/96/EEC on the right of 
residence of pensioners, 
students and inactive 
persons Commission 2005-2006 √ Achieved  
The third report from the Comm ission to the Council and the European Parliament on the 
application of Directives 90/364, 90/365 and 93/ 96 on the right of residence for students, 
economically inactive and retired Uni on citizens was adopted on 5 April 200636. 
2.1. 
(b) Directive 93/109/EC on the 
right to vote in the 
European Parliament 
elections, including in the 
new Member States and, if 
appropriate, proposals for 
the amendment of the latter 
Directive  Commission 2005-2006 √ Achieved  
On 12 December 2006 the Commission adopted the Communication "European elections 
2004 - Commission report on the participation of European Union citizens in the Member 
State of residence (Directiv e 93/109/EC) and on the electoral arrangements (Decision 
76/787/EC as amended by Deci sion 2002/772/EC, EURATOM)"37and the proposal for a 
Council Directive amending Directive 93/109/EC  of 6 December 1993 as regards certain 
detailed arrangements for the ex ercise of the right to vote and stand as a candidate in 
elections to the European Parliament for citiz ens of the Union residing in a Member State 
of which they are not nationals38. 
                                                 
36 COM(2006) 156 final. 
37 COM(2006) 790 final. 
38 COM(2006) 791 final. 
 
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2.1. 
(c) Proposal to facilitate 
diplomatic and consular 
protection  Commission 2006 √ Achieved  
On 28 November 2006 the Commission issued a Green Paper on the Diplomatic and 
Consular Protection of the Citizen  of the Union in third countries39. The strategic 
initiative "Effective consular protection in  third countries: the contribution of the 
European Union - Action Plan 2007-2009"40 was adopted on 5 December 2007. 
2.1. 
(d) Proposal on provisions and 
conditions required for a 
European citizens' 
initiative Commission 2007 • Delayed  
There is no legal basis for putting forward such an initiative under the current Treaties. 
2.1 
(e) Examination of possible 
measures to strengthen and 
to add to the rights laid 
down under the citizenship 
provisions of the Treaties 
(Article 22 of the EC 
Treaty) Commission 2008 √ Achieved  
The Fifth Commission Report on Citizenship of  the Union (1 May 2004 – 30 June 2007) 
was adopted on 15 February 200841. 
                                                 
39 COM(2006) 712 final. 
40 COM(2007) 767 final. 
41 COM(2008) 85 final. 
 
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- Allowing EU citizens and members of their family to move within the Eu ropean Union on similar terms to national of a Member S tate moving 
around or changing their place of  residence in their own country 
2.1. 
(f) Control of transposition, 
compliance and correct 
application of Directive 
2004/38/EC on free 
movement and residence Commission 2006 √ Achieved  
The Commission monitors closely the trans position of Directive 2004/38/EC. Between 
June 2006 and February 2007 the Commission in itiated infringement proceedings under 
Article 226 of the EC Treaty against 19 Member States for their failure to communicate 
the text of the provisions of national law adopt ed to transpose the Directive. Since then, 
as all Member States have gradually adopted the transpos ition measures, the 
infringement proceedings for non-communica tion have been closed. On 10 December 
2008, the Commission adopted its report on the application of  the Directive42.  
2.1. 
(g) Report on application of 
Directives 90/364/EEC, 
90/365/EEC and 
93/96/EEC on free 
movement and residence 
and on the situation of the 
nationals of the new 
Member States Commission 2006 √ Achieved  
The Third Commission Report on application of  the three Directives was published on 5 
April 200643. 
                                                 
42 COM(2008) 840 final. 
43 COM(2006) 156 final.  
 
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2.1. 
(h) Report on application of 
Directive 2004/38/EC on 
free movement and 
residence and, if 
appropriate, proposals for 
the amendment of the 
Directive  Commission 2008 √ Achieved  
The Commission published the first implemen tation report of Dire ctive 2004/38/EC on 
10 December 200844. 
2.2. ASYLUM, MIGRATIO N AND BORDER POLICY 
 - Framework Programme "Solidarity and Management of Migration Flows" under the new Financial Perspectives 
 Framework Programme 
"Solidarity and Management of Migration Flows" under the new Financial Perspectives Commission 2005 √ Achieved  
The Commission proposed four funds  under this Framework Programme45 (European 
Refugee Fund, External Borders Fund, Europ ean Fund for the Integration of Third-
country Nationals and European Return Fund). The funds were adopted in 200746. 
                                                 
44 COM(2008) 840 final. 
45 COM(2005) 123 final/2. 
46 Decision No 573/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the European Refugee Fund fo r the period 2008 to 2013 as 
part of the General programme ‘Solidarity and Management of Migration Flows’ and repealing Council Decision 2004/904/EC; Decisi on No 574/2007/EC of the 
European Parliament and of the Council of 23 May 2007 establishing the External Borders Fund for the period 2007 to 2013 as par t of the General programme 
‘Solidarity and Management of Migration Flows’; Council Decision 2007/435/EC of 25 June 2007 establishing the European Fund for  the Integration of third-
country nationals for the period 2007 to 2013 as part of the Ge neral programme ‘Solidarity and Management of Migration Flows’; Decision No 575/2007/EC of the 
European Parliament and of the Council of 23 May 2007 establishing the European Return Fund for the period 2008 to 2013 as part  of the General Programme 
‘Solidarity and Management of Migration Flows’. 
 
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- Common analysis of migratory phenomena in  all their aspects (reinforcing the collect ion, provision, exchange and efficient us e of up-to-date 
information and data) 
2.2 
(a) Annual reports on 
migration and asylum 
statistics European 
Migration 
Network Ongoing √ Achieved  
The annual reports on migration and asylum statistics forms part of the European 
Migration Network's annual work programme . The annual report 2006 has been finalised 
in early 2009, the reports for the years 2007 and 2008 are part of the EMN's 2009 work 
programme. The delays are due to the lack of  a proper legal base (and thus funding) in 
2007. Establishing of migration profiles for ACP countries as an annex to Country 
Strategy Papers. Further work on widening th e scope of the migra tion profiles is ongoing. 
2.2. 
(b) Adoption of an EU 
framework Regulation on 
the collection of migration 
and asylum statistics  Council/Parl
iament 2005 √ Achieved  
The Council and the European Parliament adopted the Regulation (EC) No 862/2007 on 
Community statistics on migration and inte rnational protection and (repealing Council 
Regulation (EEC) No 311/76 on the compilation of  statistics on foreign workers) on 11 
July 200747. 
2.2. 
(c) Green Paper on the future 
of the European migration 
network, possibly followed 
by a proposal establishing 
a European Migration 
Monitoring Centre  Commission 2005 and 
200648 √ Achieved  
The Commission presented the Green Paper on 28 November 200549. Following the 
Commission proposal presented on 10 August 20 07 for a Council Decision establishing a 
European Migration Network50, the Council adopted on 14 May 2008 the Decision 
2008/381/EC establishing a Eur opean Migration Network51. 
                                                 
47 OJ L 199, 31.7.2007, p. 23. 
48 Achieved in 2008. 
 
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2.2. 
(d) Proposal for a mutual 
information system on 
migration issues  Commission 2005 √ Achieved  
The proposal for a Council Decision on the establ ishment of a mutual information system 
concerning Member St ates' measures in the areas of asylum and immigration was 
adopted by the Commission on 10 October 2005. The Council Deci sion 2006/688/EC on 
the establishment of a mutual informa tion mechanism concerning Member States' 
measures in the areas of asylum and immigration was adopted on 5 October 200652. 
2.3. COMMON EUROPEAN ASYLUM SYSTEM 
2.3. 
(a) Adoption of the asylum 
procedures Directive  Council/ 
Parliament 2005 √ Achieved  
The Council Directive 2005/85/EC on minimum standards on procedures in Member 
States for granting and withdrawing ref ugee status was adopted on 1 December 200553, 
following the Commission’s pr oposal dated 20 September 200054. 
                                                                                                                                                                                                                                           
49 COM(2005) 606 final. 
50 COM(2007) 466 final. 
51 OJ L 131, 21.5.2008, p. 7. 
52 OJ L 283, 14.10.2006, p. 40. 
53 OJ L 326, 13.12.2005, p. 13. 
54 COM(2000) 578 final, amended by COM(2002) 326 final/2. 
 
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2.3. 
(b) Conclusion of the so-called 
“parallel agreements” with 
Denmark on “Dublin II” 
and “Eurodac” Council 2005 √ Achieved55 
Following the Commission’s proposals56, both the agreement with Denmark on Dublin II 
and Eurodac, as well as the protocol to the agreement with Norway and Iceland on 
Dublin II, extending its application to De nmark, were signed on 10 March and 25 June 
2005 respectively. The Council adopted the Decision 2006/188/EC and the Decision 
2006/167/EC on 21 February 200657. On 24 October 2008, the Council adopted the 
Protocol between the European Communit y, Switzerland and Liechtenstein to the 
Agreement with Switzerland on Dublin II (Council Decision 2006/257/CNS). This 
Protocol was needed in order to create rights and obligations between Denmark, 
Switzerland and Liechtenstein. 
- Evaluation of the first phase legal instruments 
2.3. 
(c) Monitoring the 
transposition and 
implementation of first 
phase instruments Commission 2005 
ongoing √ Achieved  
Full evaluations  of the implementation of the Dublin system (Dublin and Eurodac 
Regulations) and of the Reception Conditi ons Directive were presented by the 
Commission in June58 and November59 2007 respectively. They provided the basis for 
the preparation of amendments to those instruments, which were presented in December 
200860.  
                                                 
55 Achieved in 2006. 
56 COM(2004) 594 final and COM(2005) 131 final. 
57 OJ L 66, 8.3.2006, p. 37 and OJ L 57, 28.2.2006, p. 15. 
58 COM(2007) 299 final.. 
59 Available at: http://ec.europa.eu/justice_home/doc_centre/asylum/studies/doc_asylum_studies_en.htm. 
60 COM(2008) 815 final, Proposal for a Directive of the European Parliament and of the Council laying down minimum standards for the reception of asylum seekers 
(Recast); COM(2008) 820 final, Pr oposal for a Regulation of the Eu ropean Parliament and of the Council establishing the criteri a and mechanisms for determining 
 
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- Second phase of development of a common Eu ropean asylum system, establishment of a common asylum procedure and a uniform stat us for 
those who are granted asylum or subsidiary protection 
2.3. 
(d) Proposal on long-term 
resident status for 
beneficiaries of 
international protection Commission 2005 √ Achieved  
The proposal for a Council Directive am ending Directive 2003/109 /EC to extend its 
scope to beneficiaries of internati onal protection was adopted on 6 June 200761. 
2.3. 
(e) Second-phase instruments 
and measures to be 
presented to the Council 
and the European 
Parliament Commission 2010 The amendments to the reception conditions  directive, to the Dublin and Eurodac 
regulations and the proposal for a European Asylum Support Office62 have already been 
adopted by the Commission. 
The amendment to the procedures and qualific ations directives a nd the proposal for an 
European resettlement scheme are me ant to be adopted by the end of 2009. 
- Studies on the implications, appropriateness and feas ibility of joint processing  of asylum applications 
2.3. 
(f) Study on the joint 
processing of asylum 
applications within the 
Union Commission 2006 • Delayed 
The study  was not conducted as it was considered  that the timing was not the most 
appropriate. However, in view of the comple tion of the second phase of the CEAS, it is 
now foreseen to commission this study in 2009-2010.  
                                                                                                                                                                                                                                           
the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless 
person (Recast); COM(2008) 825, Proposal fo r a Regulation of the European Parliament  and of the Council establishing the criter ia and mechanisms for determining 
the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless 
person (Recast). 
61 COM(2007) 298 final. 
62 COM(2009) 66 final. 
 
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2.3. 
(g) Study, to be conducted in 
close consultation with the 
United Nations High 
Commissioner for 
Refugees (UNHCR), on 
joint processing of asylum 
applications outside EU 
territory Commission 2006 • Postponed 
The study  was not conducted as it was considered  that the timing was not the most 
appropriate. However, in view of the comple tion of the second phase of the CEAS, it is 
now foreseen to commission this study in 2009-2010.  
- Cooperation between Member States relating  to the Common European asylum system, af ter the establishment of a common asylum p rocedure 
2.3. 
(h) Establishment of structures 
involving the national 
asylum services of the 
Member States for 
promoting cooperation 
(Communication) Commission 2005 √ Achieved63 
The Communication on “Strengthened prac tical cooperation - New structures, new 
approaches: improving the quality of decisi on making in the common European asylum 
system” was adopted on 17 February 200664.  
2.3. 
(i) Establishment of a 
European support office in 
charge of all forms of 
cooperation concerning a 
common asylum system on 
the basis of an evaluation Commission  √ Achieved  
The Commission presented in February 2009 th e proposal for the establishment of a 
European Asylum Support O ffice (see point 2.3 (e)).  
                                                 
63 Achieved in 2006. 
64 COM(2006) 67 final. 
 
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- Establishment of the European Refugee Fund (ERF) 2005 to 2013 to assist Member States in the pr ocessing of asylum application s and in the 
reception of certain categorie s of third-country nationals  
2.3. 
(j) Final Report on the 
European Refugee Fund Commission 2005 √ Achieved65 
The Final evaluation of the ERF for the period 2000-200466 was adopted on 8 December 
2006.  
2.3. 
(k) Proposal for amending the 
European Refugee Fund 
decision to assist Member 
States in the reception of 
certain categories of third-
country nationals Commission 2005 √ Achieved67 
The Council Decision 2004/904/EC establishi ng the European Refugee Fund for the 
period 2005 to 2010 was adopted on 2 December 200468. The Commission presented an 
amended proposal for a Decision of th e European Parliament and the Council 
establishing the ERF for the period 2008 – 2013 as part of General the programme 
‘Solidarity and Management of  Migration Flows’ on 24 May 200669. The Decision No 
573/2007/EC of the European Parliament and of the Council establishing the European 
Refugee Fund for the period 2008 to 2013 as pa rt of the General programme ‘Solidarity 
and Management of Migration Flows’ and repealing Council Decision 2004/904/EC70 
was adopted on 23 May 2007. 
                                                 
65 Achieved in 2006. 
66 SEC(2006) 1636. 
67 Achieved in 2006. 
68 OJ L 381, 28.12.2004, p. 52. 
69 COM(2005) 123 final /3. 
70 OJ L 144, 6.6.2007, p. 1. 
 
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2.3. 
(l) Approvals of European 
Refugee Fund national 
multi-annual programming Commission 2005, 2008, 
2011 √ Achieved71 
All national multi-annual programmes were ex amined by the Commission and adopted in 
the course of 2005-2006 and 2008-2009.  
2.4. LEGAL MIGRATION INCLUDING  ADMISSION PROCEDURES 
- Developing policy on legal migration 
2.4. 
(a) Assessment and 
monitoring of the 
transposition and 
implementation of first 
phase directives on legal 
migration Commission From 2005 
onwards  √ Achieved  
Several meetings with the Member States on the transposition an d application of the 
existing directives were held in the course  of 2005, in particular on family reunification 
(2003/86/EC) and on long-term resident stat us (2003/109/EC). In addition to regular 
contact committee, in 2007 the Commi ssion launched a 12 month study on the 
conformity checking of measures of Member Stat es to transpose Directives in the area of 
immigration and asylum. The results of this study have been available since October 
2008 and have been used by the Commission as background information in its function 
to ensure, in accordance with Article 226 EC, the proper transposition and application of 
immigration and asylum Directives in the Member States. Moreover, the results have 
also been used to elaborate the first appl ication report of the family reunification 
directive presented in October 200872. 
                                                 
71 Excluding 2011 actions. 
72 COM(2008) 610 final. 
 
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2.4. 
(b) Debate on Green Paper on 
economic migration Commission 2005 √ Achieved  
The Green Paper on an EU approach to ma naging economic migrati on was presented on 
11 January 200573 and the deadline for the public consultation was 15 April 2005. Debates 
were held at the JHA Council of Februa ry 2005 and the EMPL Council of May 2005. The 
Commission received more than 130 written co ntributions from all re levant stakeholders 
and a public hearing was held on 14 June 2005. The European Parliament gave its 
opinion in October 2005; the European Economic and Social Committee and the 
Committee of the Regions gave  their opinions in May 2005.  
2.4. 
(c) On the basis of the 
outcome of the public 
consultation on the Green 
Paper on economic 
migration, presentation of a 
Policy Plan on legal 
migration, including 
admission procedures Commission Before end 
of 2005 
(point 1.4 of 
the Hague 
Program 
me) √ Achieved  
The Policy Plan on legal migration was adopted on 21 December 200574. It is a 
comprehensive document containing a set of legislative and operational measures to be 
put forward between 2006 and 2009 on: conditions of admission and residence for 
economic immigrants; information building and sharing; integration measures; and 
measures to be enacted in cooperation wi th the countries of origin. The European 
Parliament adopted an own-initiative re port on the policy plan in September 2007 
(Gruber report).  
In accordance with the Policy Plan, in October 2007 the Commission tabled the first two 
of the five legislative propos als announced: a dire ctive on the admissi on of highly skilled 
migrants ("EU Blue Card")75 and a horizontal framework directive on migrant rights and 
a single application procedure76. Two other proposals on seasonal workers and ICTs are 
expected to be presented in 2009. 
                                                 
73 COM(2004) 811 final. 
74 COM(2005) 669 final. 
 
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2.5. INTEGRATION OF TH IRD-COUNTRY NATIONALS 
- Establishment of a coherent European framework for integration 
2.5. 
(a) Communication on a 
European framework for 
integration Commission 2005 √ Achieved  
The Communication on “A common agenda for integration: Framework for the 
integration of third-country  nationals in the European  Union” was adopted on 1 
September 200577. The conclusions adopted by the JHA Council of 1-2 December 200578 
supported the lines of action c ontained in this Communication. 
- Promotion of the structural exchange of experience and information integration79 
                                                                                                                                                                                                                                           
75 COM (2007) 637 final, adopted by the Council on 25.5.2009. 
76 COM (2007) 638 final. 
77 COM(2005) 389 final. 
78 Council document 14390/05, p. 36. 
79 Complementary activities are undertaken in the framework of the European employment strategy and the social inclusion process.  
 
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2.5. 
(b) Management of INTI 
preparatory actions Commission 2005 to 
2006 √ Achieved  
The Commission received 139 gran t applications in response to the INTI 2005 call for 
proposals. The Commission agreed to co-finan ce 15 new projects in connection with the 
call for proposals under the INTI 2005 program me to the tune of some EUR 4.3 million. 
The 2006 call for proposals was launched during the second semester of 2006. The 
Commission received 150 grant applications in response to the INTI 2006 call for 
proposals. The Commission agreed to co-finan ce 12 new projects in connection with the 
call for proposals under the INTI 2006 program me to the tune of some EUR 3.9 million. 
The year 2006 was the last year of the INTI  programme. An evalua tion on the INTI pilot 
projects/preparatory  actions 2003-2006 was finalised  in 2008, which underlined the 
overall good results of the programme. 
2.5. 
(c) Annual reports on 
immigration and 
integration Commission 2005 
ongoing √ Achieved  
The first annual report on immigration a nd integration was a dopted on 17 July 200480. 
The second annual report on immigration and integration was adopted on 30 June 200681. 
The third – and so far last – annua l report was adopted on 19 September 200782.  
                                                 
80 COM(2004) 508 final.  
81 SEC(2006) 892. 
82 COM(2007) 512 final. 
 
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2.5. 
(d) Handbook on integration Commission Second 
edition 
2006, 
ongoing √ Achieved83 
The first edition of the handbook (November 2004)  was made available in all official 
languages on JLS website in the second semester of 200684.  
The second edition of the handbook was presen ted in May 2007 at the occasion of the 
second Ministerial Conference on Integration in Potsdam (Germany) and has been made 
available in all official languages at the same internet address.  
A third edition of the handbook is close to finalis ation and is expected to be officially 
presented in the course of 2009. 
2.5. 
(e) Development of a website 
on integration Commission 2006 √ Achieved85 
The website was launched in April 200986. 
                                                 
83 Achieved in 2007. 
84 Available at: http://ec.europa.eu/justice_home/doc_centre/immigration/integration/doc_immigration_integration_en.htm. 
85 Achieved in 2009. 
86 Available at: http://ec.europa.eu/ewsi/. 
 
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2.6. FIGHT AGAINST ILLEGAL IMMIGRATION 
 
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2.6. 
(a) Contribution to 
management of 
immigration liaison 
networks in relevant third 
countries Council/Co
mmission 2005 
ongoing • Delayed 
In October 2006 the Commission presented a di scussion paper on further development of 
Immigration Liaison Officers (ILO) networks in  third-countries presen ted in the Strategic 
Committee for Immigration, Frontiers and Asylum (SCIFA). Building upon Member 
States' replies to a Presidency questionnair e, further discussions took place in 2007 and 
2008, focussing on the possibility of greater FRONTEX involvement in the further 
development of liaison officer networks. It was agreed to follow a two-phased approach. 
In the first phase, the Commission convened an expert meeting dealing with the use of 
the ICONet (13 November 2008) and will launch another one on the update of the ILO 
Manual (2009). Furthermore, in 2009 the Commission will present a proposal amending 
some articles of the ILO Re gulation 377/2004 (including art. 6). In a second phase, the 
Commission will discuss with Member States  the possibilities to establish EU ILOs 
(looking after the intere st of a number of Member States and/or EU bodies such as 
FRONTEX). 
2.6. 
(b) Annual report on the 
common policy on illegal 
migration Commission 2005 
ongoing √ Achieved  
The first annual report on the development of  a common policy on illegal immigration, 
smuggling and trafficking of human beings, ex ternal border controls , and the return of 
illegal residents was ad opted on 25 October 200487. 
The second annual report was adopted on 19 July 200688.  
The third annual report was adopted on 9 March 200989. 
                                                 
87 SEC(2004) 1349. 
88 SEC(2006) 1010. 
 
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2.6. 
(c) Adoption of a Commission 
Decision establishing a 
secure web-based 
information network for 
Member States’ migration 
services (ICONET) Commission 2005 √ Achieved  
The Commission Decision laying down detailed rules for the implementation of Council 
Decision establishing a secure web-based information network for Member States’ 
migration management services (Ico net) was adopted on 15 December 200590. Moreover, 
a Memorandum of understanding between the Commission and FRONTEX concerning 
the development of the ICONet was signed in  February 2007, allo wing FRONTEX to use 
the network in order to perform its task s. A similar Memorandum was signed with 
Europol in January 2008. 
                                                                                                                                                                                                                                           
89 SEC(2009) 320. 
90 Commission Decision C(2005) 5159 final of 15 December 2005 laying down detailed rules for the implementation of Council Decisi on 2005/267/EC establishing a 
secure web-based Information and Coordination Network for Member States' Migration Management Services. 
 
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2.6. 
(d) Proposal for the conclusion 
and signature of the 
Council of Europe 
Convention on action 
against trafficking in 
human beings (CAHTEH) Commission 2005 • Postponed 
The proposal for the conclusion of the Counc il of Europe Convention has not been put 
forward due to legal and institutional probl ems. In particular, the strong monitoring 
system of the Convention coul d interfere with the monitoring of EC Directives dealing 
with the same or related issues, and ther efore jeopardise the au tonomy of Community 
law.  
However, internal consultation is underway  with a view to identifying a possible 
solution. 
2.6. 
(e) Realisation by Member 
States of targets for 
reducing the informal 
economy as set out in the 
European employment 
strategy Member 
States  √ Achieved  
The Policy Plan on Legal Migration of 21 D ecember 2005 contains several measures to 
address the issue of illegal employment of third-country na tionals. More measures have 
been presented in the Communicatio n on illegal immigration in July 200691. Other action 
provided for by the Lisbon Strategy is carried ou t by Member States in the context of the 
employment strategy and policies.  
2.6. 
(f) Presentation by the 
Commission of a report 
which may include 
instruments for fighting 
against illegal work Commission  √ Achieved  
Building upon the Commission Communication on policy priorities in the fight against 
illegal immigration of third country nationa ls and on the European Council conclusions 
of 15-16 December 200692, a proposal for a Directive on sa nctions against employers of 
illegal immigrants was presented in 200793 and was adopted in May 2009. 
                                                 
91 COM(2006) 402 final. 
92 Council document 16879/06. 
 
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- Establishment of an effective removal and repatriation policy based on common standards and closer cooperation and mutual tec hnical 
assistance 
2.6. 
(g) Proposal on return 
procedures  Commission 2005 √ Achieved  
On 1 September 2005 the Commission tabled  the proposal for a Directive on common 
standards and procedures in Member States for returning illegally staying third-country 
nationals94. The Directive 2008/115/EC on common sta ndards and procedures in Member 
States for returning illegally staying thir d-country nationals was adopted on 16 December 
200895. 
2.6. 
(h) Launching of the 
preparatory actions for 
financial support to return 
management Commission 2005 √ Achieved  
The budgetary authority established the releva nt budget heading “Preparatory actions for 
a financial instrument for return mana gement in the area of migration” in  2005. The 
Return Preparatory Actions commenced in 2005 with a commitment appropriation of € 
15.000.000 for grants. For 2006, which was the last  year of the Return Preparatory 
Actions, €15.000.000 were allocated, of which € 14.620.000 was for grants and € 
380.000 for tenders. 38 projects were fi nanced under the 2005 and 2006 calls for 
proposal. 
                                                                                                                                                                                                                                           
93 COM(2007) 249 final. 
94 COM(2005) 391 final. 
95 OJ L 348, 24.12.2008, p. 98. 
 
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2.6. 
(i) Appointment of a 
Commission Special 
Representative for a 
common readmission 
policy Commission 2005 √ Achieved  
On 24 October 2005 the Commission appoint ed Karel Kovanda, Deputy Director-
General of DG RELEX, as Special Represen tative for a common readmission policy, and 
Jean-Louis De Brouwer, Director  in DG JLS, as Deputy SR.  
 
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2.6. 
(j) Conclusion of Community 
readmission agreements 
and management of 
existing agreements Commission Timely √ Achieved  
Since 2004, 11 readmission agreements have been concluded and have entered into force: 
Hong Kong (1 March 2004), Macao (1 June 200 4), Sri Lanka (1 May 2005), Albania (1 
May 2006), Russian Federation (1 June 200 7), Montenegro, the former Yugoslav 
Republic of Macedonia, Serbia, Bosnia and Herzegovina, Ukraine and the Republic of 
Moldova (for all of them, 1 January 2008) . The negotiations with Pakistan were 
successfully completed in September 2008 a nd the agreement is in the process of 
ratification by both sides. The negotiations with Morocco and Turk ey are still ongoing 
while the negotiations with China and Algeria have not been initiated yet due to the refusal to engage from those two countries.  
The following Joint Readmission Committees were convened with the respective 
countries to monitor implementation of the re admission agreements in force: with Russia 
4 meetings; with Hong Kong, Macau, Moldova,  1 meeting with each; with Albania, 
Montenegro, the former Yugoslav Republic  of Macedonia, Serbia, Bosnia and 
Herzegovina, 2 meetings with each; with Uk raine, 3 meetings. The meeting with Sri 
Lanka is to be convened in the course of 2009. Following the authorisation to negotiate a 
readmission agreement with Georgia give n by the Council to the Commission in 
November 2008, formal negotiations were opened in April 2009. 
The Commission also presented recommen dations to the Council for obtaining 
negotiating guidelines for readmission agreements with Cape Verde. 
 
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2.7. EXTERNAL DIMENSION OF ASYLUM AND MIGRATION 
- Cooperation with third countries in managing migration and asylum 
2.7. 
(a) Communication on 
migration and development Commission 2005 √ Achieved  
The Communication "Migration and Developm ent: Some concrete orientations" was 
presented by the Commission on 1 September 200596. The Council supported the 
Commission to give firm shape to the orie ntations contained in the Communication, in 
particular as regards migrant remittances, di aspora and brain drain issues, and approved 
conclusions on migration and extern al relations on 21-22 November 200597. 
2.7. 
(b) Revised version for 2006 
of the reference document 
of the AENEAS 
programme  2005 √ Achieved98 
The need to revise the refe rence document expired as the duration of the Programme was 
limited to three years (2004-2006). Instead, a Communication proposing the creation of a 
thematic programme for the cooperation with th ird countries in the areas of migration and 
asylum, to replace the AENEAS Programm e for 2007-2013, was presented on 25 January 
200699. This new Thematic Programme was es tablished through the adoption of the 
Regulation (EC) N°1905/2006 of the European Parliament and of the Council of 18 
December 2006 establishing a financing in strument for development cooperation100. In 
June 2007 the Commission adopted the Strate gy Paper and the Multi-Annual Indicative 
Programme 2007-2010 for the implementation of the new Thematic Programme.  
                                                 
96 COM(2005) 390 final. 
97 Council document 14769/05. 
98 To be considered within the framework of the new financial perspectives. 
99 COM(2006) 26 final. 
 
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2.7. 
(c) Completing the integration 
of migration into the 
country and regional 
strategy papers for all 
relevant third countries Commission 2005 √ Achieved  
Integration of migration into  the regional and country strategy papers is an ongoing 
process. All CSP for the period 2008-2013 have  a section on migration and a migration 
profile in the annex for CSP with ACP countries.  
2.7. 
(d) Conclusions in order to 
intensify Member States’ 
cooperation in preventing 
further loss of life resulting 
from attempts to enter the 
EU illegally, mainly in the 
Mediterranean Council 2005 √ Achieved  
European Council conclusions were adopted on 15-16 December 2005101. 
                                                                                                                                                                                                                                           
100 OJ L 378, 27.12.2006, p. 41 
101 Annex I to the Brussels European Co uncil Conclusions of 15-16 December 2 005, Council document 15914/1/05 rev 1. 
 
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 - Development of EU Regional Protection Programmes 
2.7. 
(e) Plan of action for EU 
Regional Protection 
Programmes, including EU 
resettlement scheme Commission
/ Council 2005 √ Achieved  
The Commission adopted a Communication on  Regional Protection Programmes on 1 
September 2005102. The Council supported the approach  proposed in the Commission 
Communication and recognised th at such programmes are a first step in improving 
access to protection and durable so lutions for those in need of  international protection as 
quickly and as close to their home as possi ble. The Council supported the proposal made 
in the Communication that pilot Regional Pr otection Programmes should be considered 
for the Western Newly Independent States (Ukraine, Moldova and Belarus) and sub-
Saharan Africa. 
2.7. 
(f) Launching pilot protection 
programmes Commission 2005 √ Achieved 103 
Pilot projects were started beginning 2007 in Tanzania and in the Western Newly 
Independent States. 
- Intensified cooperation with countries of transit to enable these countries better to  manage migration and to provide adequat e protection for 
refugees 
                                                 
102 COM(2005) 388 final. 
103 Achieved in 2007. 
 
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2.7. 
(g) Report on progress and 
achievements in asylum 
and migration, within the 
context of the European 
Neighbourhood Policy Commission 2005 √ Achieved  
A Communication monitoring and evaluating the cooperation w ith third countries in the 
field of the fight against illegal immigrati on covering, for example, Morocco, Tunisia and 
Libya was presented on 27 July 2005104. Pilot Mobility Partnership with the Republic of 
Moldova was signed on 5 June 2008 and is being implemented. 
                                                 
104 COM(2005) 352 final. 
 
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2.8. BORDER MANAGEMENT, BIOM ETRICS, INFORMATION SY STEMS AND VISA POLICY 
- Abolition of controls on p ersons at the internal borders 
2.8. 
(a) Proposal on SIS II legal 
instruments  Commission 2005 √ Achieved  
The three proposals for legal instruments wh ich will govern the establishment, operation 
and use of the Schengen Information System  (SIS II) were adopted by the Commission 
on 31 May 2005105.  
On 20 December 2006, Regulation (EC) No 1986/ 2006 of the European Parliament and 
of the Council regarding access to the Second Generation Schengen Information System 
(SIS II) by the services in the Member States responsible for issuing vehicle registration 
certificates and the Regulation (EC) No 1987/2006 of the European Parliament and of the 
Council on the establishment, operation a nd use of the second generation Schengen 
Information System (SIS II) were adopted106. On 12 June 2007, the Council Decision 
2007/533/JHA on the establishment, operation and use of the second generation Schengen Information System (SIS II) was adopted
107.  
The legal instruments governing SIS II were completed by the adoption by the 
Commission of the SIRENE Manual and othe r implementing measures for the second 
generation Schengen Information System (SIS II) in March 2008108.  
                                                 
105 COM(2005) 230, proposal for a Council Decision on the establishment, operation and use of the second generation Schengen infor mation system (SIS II); 
COM(2005) 236, proposal for a Regulation of the European Parlia ment and of the Council on the establishment, operation and use of the second generation 
Schengen information system (SIS II); COM(2005) 237, proposal for a Regulation of the European Parliament and of the Council re garding access to the second 
generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registrati on certificates. 
106 OJ L 381, 28.12.2006, p. 1 and p. 4 respectively. 
 
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2.8. 
(b) Start of evaluation of the 
implementation of the non-
SIS II related acquis  in the 
new Member States Council 2006 √ Achieved  
The evaluations have been carried out during 2006-2007. 
                                                                                                                                                                                                                                           
107 OJ L 205, 7.8.2007, p. 63. 
108 OJ L 123, 8.5.2008, p. 1 and p. 39 respectively. 
 
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2.8. 
(c) Evaluation of SIS II related 
acquis  in the new Member 
States (after SIS II 
operational) Commission 2007 √ Achieved  
Schengen evaluations of the SIS have been carried out in September 2007 in accordance 
with the relevant Schengen  evaluation procedures.  
2.8. 
(d) Adoption of a Council 
Decision on the lifting of 
controls at the borders 
with and between the new 
Member States, when all 
requirements regarding 
application of the Schengen 
acquis have been met and 
once the Schengen 
Information System (SIS II) 
has become operational Council 2007 √ Achieved  
Council Decision 2007/801/EC on th e full application of the provisions of the Schengen 
acquis  in the Czech Republic, the Republic of Estonia, the Republic of Latvia, the 
Republic of Lithuania, the Re public of Hungary, the Republic of Malta, the Republic of 
Poland, the Republic of Slovenia and the Sl ovak Republic was adopted on 6 December 
2007109. 
The Schengen Member States continue to rely  on SIS 1+; SIS II shall become operational 
after all relevant tests have been completed in accordance with the provisions of Council 
Decision 2007/533/JHA110 and Regulation (EC) No 1987/2006111. 
The proposals for a regulation112 and a decision113 on migration from the Schengen 
Information System (SIS 1+) to the second generation Schengen Information System (SIS II) were adopted on 16 April 2008. Council Regulation (EC) No 1104/2008 and 
Council Decision 2008/839/JHA were  adopted on of 24 October
114. 
                                                 
109 OJ L 323, 8.12.2007, p. 34. 
110 OJ L 205, 7.8.2007, p. 63. 
111 OJ L 381, 28.12.2006, p. 4. 
112 COM(2008) 197 final. 
113 COM(2008) 196 final. 
114 OJ L 299, 8.11.2008, p. 1 and p. 43. 
 
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2.8. 
(e) Proposal for supplementing 
the existing Schengen 
evaluation mechanism with 
a supervisory mechanism Commission 2007 √ Achieved115 
The Commission presented a proposal for a regu lation (first pillar) and a proposal for a 
decision (third pillar) on a new Schenge n evaluation mechanism on 27 February 2009116. 
- Establishment of an integrated man agement system for external borders 
2.8. 
(f) Proposal on the setting up, 
the powers and the 
financing of teams of 
national experts to provide 
technical and operational 
assistance to Member 
States in the control and 
surveillance of external 
borders within the 
framework of the Border 
Management Agency Commission 2007 √ Achieved  
The Commission presented the proposal for a Regulation establishing a mechanism for 
the creation of Rapid Border Intervention Teams and amending Council Regulation (EC) 
No 2007/2004 as regards that mechanism on 19 July 2006117. The Regulation (EC) No 
863/2007 was adopted on 11 July 2007118. 
                                                 
115 Achieved in 2009. 
116 Respectively COM(2009) 102 final and COM(2009) 105 final. 
117 COM(2006) 401 final. 
118 OJ L 199, 31.7.2007, p. 30. 
 
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2.8. 
(g) 'Handbook for border 
guards' (after adoption of 
the Community code on 
the rule governing the 
movement of persons 
across borders) Commission 2005 √ Achieved119 
The Commission adopted the recommendation establishing the Practical handbook for 
border guards (Schengen Handbook) on 6 November 2006120. 
2.8. 
(h) Evaluation report on the 
External Border Agency, 
including a review of the 
tasks of the Agency and an 
assessment of whether it 
should concern itself with 
other aspects of border 
management (including the 
evaluation of the 
functioning of the teams of 
national experts and the 
feasibility of a system of 
Europe an bo rder guards) Commission 2007 √ Achieved121 
The Commission submitted the report on 13 February 2008122 as part of the "border 
package" (which also includes a communica tion on entry-exit system and on a European 
border surveillance system). 
An external evaluation of FRONTEX123 was concluded in 2009 and confirmed the 
positive results achieved by the Agency in relation to the main objectives set in the 
founding regulation.  
                                                 
119 Achieved in 2006. 
120 C(2006) 5186 final. 
121 Achieved in 2008. 
122 COM(2008) 67 final. 
123 External evaluation of the Euro pean Agency for the Management of Operational Co operation at the External  Borders of the Member  States of the European Union, 
available at: http://www.frontex.europa.eu/download/Z2Z4L2Zyb25 0ZXgvZW4vZGVmYXVsdF9vcGlzeS82Mi8xLzE/cowi_report_final.doc. 
 
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 - Partial application of the Schengen acquis 
2.8. 
(i) Adoption of a Council 
Decision on the partial 
implementation of the 
Schengen acquis by Ireland Council 2006 • Delayed  
The adoption of the Decision is dependant on the possibility for Ireland to access SIS. 
2.8. 
(j) Adoption of a Council 
Decision on the partial 
implementation of the 
Schengen acquis (SIS) by 
the United Kingdom Council 2005 • Delayed  
The adoption of the Decision is dependant on the possibility for the United Kingdom to 
access SIS. 
- Coherent approach and harmonised solutions in  the EU on biometric identifiers and data 
2.8. 
(k) Proposal modifying the 
Common Consular 
Instructions concerning 
standards and procedures 
for taking biometric data, 
including the obligation to 
provide such data and 
specifying the exceptions to 
this obligation Commission 2005 √ Achieved  
The proposal for a Regulation of the European Parliament and of the Council amending 
the Common Consular Instructi ons on visas for diplomatic mi ssions and consular posts in 
relation to the introduction of biometrics including provisio ns on the organisation of the 
reception and processing of visa applicat ions was adopted by the Commission on 31 May 
2006124. 
                                                 
124 COM(2006) 269 final. 
 
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2.8. 
(l) Preparation fort he 
development of minimum 
standards for national ID-
cards Council From 2005 
onwards √ Achieved  
Several expert meetings were organised to work on the development of minimum 
standards, the interoperability of electronic signatures and the issuing procedures. 
Conclusions in the form of a resolution by th e representatives of Member States meeting 
within the Council were adopted by the JHA Council of 1 December 2005125. A detailed 
document on minimum security standards for ID  was transmitted to the Council in the 1st 
half of 2006. In the absence of a legal basis,  Member States adopted these standards in a 
"Resolution of the representatives of the governments of the Member States of the 
European Union" on 4-5 December 2006126. 
2.8. 
(m) Preparation for the 
development of minimum 
standards for sector-
specific ID-cards, if 
appropriate Council From 2005 
onwards √ Achieved  
On 14 April 2005, the Council adopted the De cision 2005/367/EC authorising Member 
States to ratify, in the interests of the European Community, the Seafarers' Identity 
Documents Convention of th e International Labour Organisation (Convention 185)127. 
                                                 
125 Council document 15000/05. 
126 Council document 15801/06, p. 40. 
127 OJ L 136, 30.5.2005, p. 1. 
 
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2.8. 
(n) Widespread use of 
biometric identifiers 
concerning travel 
documents, visas, 
residence permits, EU 
citizens' passports and 
information systems Commission From 2006 
onwards √ Achieved  
On 18 April 2008, the Council Regulation (E C) No 380/2008 amending Regulation (EC) 
No 1030/2002 laying down a uniform format fo r residence permits for third-country 
nationals was approved, introducing the us e of image and two fingerprints in the 
residence permit for th ird country nationals128. 
On 18 October 2007 the Commission presente d a proposal amending Regulation (EC) 
No 2252/2004 on security standards and biomet rics in travel documents issued by 
Member States129. It aims at introducing exceptions  from the requirement of taking 
fingerprints for children below a certain age and persons not able to gi ve fingerprints, as 
well as introducing the principle "1 person -1 document". The co-decision procedure 
finished with a compromise proposal wh ich is expected to be adopted in 2009. 
2.8. 
(o) Communication on 
enhanced synergies 
between SIS II, VIS and 
Eurodac Commission 2006 √ Achieved  
The Commission adopted on 24 Novemb er 2006 a Communication on improved 
effectiveness, enhanced interoperability a nd synergies among European databases in the 
area of Justice and Home Affairs130. 
                                                 
128 OJ L 115, 29.4.2008, p. 1. 
129 COM(2007) 619 final. 
130 COM(2005) 597 final. 
 
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2.9. VISA POLICY, INCLUDING TH E DEVELOPMENT OF THE VISA INFORMATION SYSTEM (VIS) 
2.9. 
(a) Meetings with third 
countries of the positive 
visa list in order to ensure 
visa-free travel for citizens 
of the Member States to all 
those third countries in the 
context of the new 
reciprocity mechanism 
soon to be adopted (to be 
combined with the review 
of the visa list) Commission Ongoing – 
to be 
combined 
with the 
review of 
the visa list Since 2005, the Commission publishes every year a "visa reciprocity report"131. 
In order to restore recipr ocity, the European Commission presented a recommendation to 
the Council to open negotiations on a visa  waiver agreement with Brazil.  
2.9. 
(b) Proposals relating to the 
necessary amendments to 
further enhance visa 
policies and the 
establishment of common 
application centres for 
visas Commission 2005 √ Achieved132 
A proposal on the introduction of biometri cs and on common application centres was 
presented by the Commission on 31 May 2006133. 
                                                 
131 COM(2006) 3 final; COM(200 6) 568 final; COM(2007) 533 final ; COM(2008) 486 final/2; a fifth report will be published in 2009.  
132 Achieved in 2006. 
133 COM(2006) 269 final. 
 
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2.9. 
(c) Regular review of the visa 
list Regulation (EC) No 
539/2001 Commission Ongoing √ Achieved  
A Commission proposal for a Council Regul ation amending Regulation No 539/2001 
was presented on 13 July 2006134.Council Regulation (EC) No 1932/2006 amending 
Regulation (EC) No 539/2001 listing the third countries whose natio nals must be in 
possession of visas when crossing the extern al borders and those whose nationals are 
exempt from that requirement was adopted on of 21 December 2006135. This Regulation 
transferred six third countries from the negative to the pos itive list, but conditioned the 
lifting of the visa obligation by the entry into force of visa waiver agreements with each 
of these countries. These six agreements ha ve been negotiated in the mean time and the 
Commission has submitted to the Council draf t decisions in view of signature and 
conclusion of these agreements with Antigua and Barbuda136, Bahamas137, Barbados138, 
Mauritius, Saint Kitts and Nevis139 and the Seychelles140. 
                                                 
134 COM(2006) 84 final. 
135 OJ L 405, 30.12.2006, p. 23. 
136 SEC(2008) 198. 
137 SEC(2008) 199. 
138 SEC(2008) 200. 
139 SEC(2008) 202. 
140 SEC(2008) 203. 
 
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2.9. 
(d) Proposal on visa 
facilitation procedures for 
members of the Olympic 
Family — Turin 2006 Commission 2005 √ Achieved  
The Commission presented a proposal for a Regul ation relating to measures envisaged to 
facilitate the procedures for applying for and issuing visas for members of the Olympic 
family taking part in the 2006 Olympic and /o r Paralympic Winter Games in Torino on 7 
September 2005141. On 14 December 2005, the Regul ation (EC) No 2046/2005 was 
adopted142. 
2.9. 
(e) Report on the 
implementation of 
Regulation (EC) No 
1295/2003 "Visa 
facilitation procedures for 
members of the Olympic 
Family — Athens 2004" Commission 2005 √ Achieved  
The Commission adopted the report the functio ning of the derogation system introduced 
by Regulation 1295/2003 regarding measures envisa ged to facilitate the procedures for 
applying for and issuing visas for members of the Olympic family taking part in the 2004 
Olympic or Paralympic Games in Athens on 11 August 2005143. 
2.9. 
(f) Proposal amending the 
Common Consular 
Instructions on visa fees Council 2005 √ Achieved144 
On 1 June 2006, the Council adopted the Decision 2006/440/EC amending Annex 12 to 
the Common Consular Instructi ons and Annex 14a to the Co mmon Manual on the fees to 
be charged corresponding to the administra tive costs of processing visa applications145. 
                                                 
141 COM(2005) 412 final. 
142 OJ L 334, 20.12.2005, p. 1. 
143 SEC(2005) 1051. 
144 Achieved in 2006. 
145 OJ L 175, 29.6.2006, p. 77. 
 
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2.9 
(g) Proposals on transit  Commission 2005  √ Achieved  
On 22 August 2005 the Commissi on presented the proposal for a decision establishing a 
simplified regime for the control of persons at  the external borders based on the unilateral 
recognition by the Czech Republic, Estonia, Cy prus, Latvia, Lithuania, Hungary, Malta, 
Poland, Slovenia and Slovakia of certain documen ts as equivalent to their national visas 
for the purposes of transit through their te rritories and the proposal for a decision 
establishing a simplified regime for the contro l of persons at the external borders based 
on the unilateral recognition by the Member States  of certain residence permits issued by 
Switzerland and Liechtenstein for the purpose of transit th rough their territory146. The 
Decisions No 895/2006/EC and No 896/2006/EC  were finally adopted 14 June 2006147.  
On 11 September 2007, after the accession of Bulgaria and Romania into the EU, the 
Commission presented a revi sion of the Decisions No  895/2006/EC and 896/2006/EC148. 
The new proposals have been adopted on 17 June 2008 (Decisions 582/2008/EC149 and 
586/2008/EC150). 
                                                 
146 COM(2005) 381 final. 
147 OJ L 167, 20.6.2006, p. 1 and p. 8. To take into account the accession of Bulgaria and Romania to the EU, the two decisions we re followed-up by Decision 
No 582/2008/EC (OJ L 161, 20.6.2008, p. 30) and Decision No 586/2008/EC (OJ L 162, 21.6.2008, p. 27). 
148 COM(2007) 508 final. 
149 OJ L 161, 20.6.2008, p. 30. 
150 OJ L 162, 21.6.2008, p. 27. 
 
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2.9. 
(h) Recommendation for 
negotiating directives for 
visa waiver agreements 
between the EC and third 
countries on the conditions 
to move freely within the 
Union for a period between 
three and six months Commission 2005 
ongoing • Delayed 
There is no legal basis under the curr ent Treaties related to this action. 
2.9. 
(i) Adoption of a proposal 
establishing a regime on 
local border traffic Commission 2005 √ Achieved  
On 23 February 2005, the Commission presen ted a proposal laying down rules on local 
border traffic at the external land borders  of the Member States and amending the 
Schengen Convention and the Common Consular Instructions151. The Regulation (EC) 
No 1931/2006 laying down rules on lo cal border traffic at the ex ternal land borders of the 
Member States and amending the provisions of the Schengen Convention was adopted on 
20 December 2006152. 
2.9. 
(j) Report on the operation of 
the Kaliningrad transit 
scheme Commission 2005 √ Achieved153 
On 22 December 2006, the Commission adopted the Report on the functioning of the 
facilitated transit for persons between the Kalin ingrad region and the rest of the Russian 
Federation154. 
                                                 
151 COM(2005) 56 final. 
152 OJ L 405, 30.12.2006, p. 1. 
153 Achieved in 2006. 
154 COM(2006) 840 final. 
 
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2.9. 
(k) Kaliningrad  Facility155 Commission
/ Lithuania Ongoing √ Achieved  
Final payment was made in 2008.  
2.9. 
(l) Schengen facility for seven 
Member States Commission
/ seven 
beneficiary 
Member 
States 2004/2006 √ Achieved156 
The seven Commission Decisions on the financ ial contribution of th e Schengen facility 
were adopted in 2004157; the seven Schengen Facility Financing Decisions were adopted 
in 2005158; the seven Schengen Facility Fina ncing Decisions were adopted in 2006159. 
                                                 
155 The Kaliningrad Facility will be replaced by specific provisions within the proposed External Border Fund for the period 2007 to 2013 as part of the Framework 
Programme "Solidarity and Management of Migration Flows". 
156 Achieved in 2006. 
157 C(2004) 4439 for Estonia, C(2004) 4872 for Hungary, C(2004) 4867 for Latvia, C(2004) 4471 for Lithuania, C(2004) 4874 for Pola nd, C(2004) 4873 for Slovakia, 
C(2004) 4437 for Slovenia.  
158 C(2005) 5686 for Estonia, C(2005) 5693 for Hungary, C(2005) 5826 for Latvia, C(2005) 5699 for Lithuania, C(2005) 5702 for Pola nd, C(2005) 5824 for Slovakia, 
C(2005) 5706 for Slovenia. 
159 C(2006) 4941 for Lithuania, C(2006) 5086 for Latvia, C(2006) 5344 for Slovakia, C(2006) 6431 for Slovenia, C(2006) 6471 for Es tonia, C(2006) 6596 for Poland 
and C(2006) 6733 for Hungary.  
 
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2.9. 
(m) Specific recommendations 
for negotiating directives 
on visa facilitation on a 
case by case basis with 
third countries in the 
context of the EC 
readmission policy, where 
possible and on the basis of 
reciprocity, with a view to 
developing a real 
partnership on migration 
management issues Commission 2005 to 
2009 √ Achieved  
The Commission has negotiated visa facilitation  agreements with eight third countries: 
Russia, Ukraine, the Republic of Moldova, Al bania, Bosnia and Herzegovina, the former 
Yugoslav Republic of Macedonia, Serbia and Montenegro, back-to-back with 
readmission agreements (see 2.6(j)). The agre ement with Russia ente red into force on 1 
June 2007 and the other agreements on 1 Ja nuary 2008. . These agreements provide for 
simplification of the visa procedures for citize ns of these countries wishing to travel to 
the EU for short stays. Following the author isation to negotiate a visa facilitation 
agreement with Georgia given by the C ouncil to the Commission in November 2008, 
formal negotiations should be opened in  2009. In November 2008, the Commission 
recommended the opening of negotiations on visa facilitation agreement with Cape 
Verde in the framework of the EU's pilot Mobility Partnership with Cape Verde.  
2.9. 
(n) Proposal on the review of 
the Common Consular 
Instructions, concerning in 
particular local consular 
cooperation  Commission 2006 √ Achieved  
A proposal for a Regulation es tablishing a Community code on visas was presented by 
the Commission on 28 July 2006160. Adoption by the European Parliament and the 
Council is foreseen for 2009. 
                                                 
160 COM(2006) 403 final. 
 
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2.9. 
(o) Technical implementation 
of the VIS, starting with 
the functionalities for 
processing alphanumeric 
data and photographs and 
adding the functionalities 
for biometric data Commission 2006 • Delayed  
The initial Council Decision  (2004/512/EC) of 8 June 2004 establishing the Visa 
Information System (VIS)161 established the VIS as a syst em for the exchange of visa 
data between Member States. For the technical implementation of the VISA it was 
necessary to define the purpose, the functiona lities and responsibilities for the VIS, and 
to establish the conditions and procedures for the exchange of visa data between Member 
States to facilitate the exam ination of visa applications and related decisions. In this 
respect the Commission presented on 28 De cember 2004 a proposal for a Regulation of 
the European Parliament and of the Council  concerning the Visa  Information System 
(VIS) and the exchange of data betw een Member States on short stay-visas162. Regulation 
(EC) No 767/2008 was adopted on 9 July 2008163. 
As regards the technical implementation, the Vi sa Information System (VIS) will go-live 
with biometric functionalities from the very  beginning of its impl ementation. Following 
the political agreement of th e VIS legal package in June 2007, a new project schedule has 
been drawn up, taking account of biometrics and the finalised legal requirements, and 
foresees the central VIS as "available fo r operations" by December 2009. The date for the 
start of operations will depend upon the r eadiness of the Member States. The 
Commission has published 4 VIS progress reports since 2005164. 
 
                                                 
161 OJ L 213, 15.6.2004, p. 5. 
162 COM(2004) 835 final. 
163 OJ L 218, 13.8.2008, p. 60. 
164 In 2005, SEC(2005) 339; in 2006, SEC(2006) 610; in 2007, SEC(2007) 833; in 2008, COM(2008) 714 final. 
 
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2.9. 
(p) Proposal on the creation of 
common visa offices Commission 2007 √ Achieved  
In order to create the legal basis for Member St ates to organize thei r consular offices and 
giving a legal framework for taking the mandatory biometric identifiers (the facial image 
and fingerprints) from visa applicants fo r the Visa Information System (VIS), an 
amendment to the Common Consular Instruc tions envisaging the possibility of the 
establishment of common application centr es was submitted by the Commission on 31 
May 2006165.  
3. STRENGTHENING  SECURITY 
- Framework Programme "Security and Safeguarding Libe rties" under the new Financial Perspectives (2005) 
3. 
(a) Proposal for a decision 
establishing a specific 
Programme on 
"Prevention of and fight 
against crime" Commission 2005 √ Achieved  
The Commission adopted the proposal on 6 April 2005166. The Council Decision 
2007/125/JHA establishing for the period 2007 to  2013, as part of General Programme on 
Security and Safeguarding Liberties, the Sp ecific Programme "Prevention of and Fight 
against Crime" was adopted on 12 February 2007167. 
                                                 
165 COM(2006) 269 final. 
166 COM(2005) 124 final. 
167 OJ L 58, 24.2.2007, p. 7. 
 
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3. 
(b) Proposal for a decision 
establishing a specific 
programme on 
"Prevention, preparedness 
and consequence 
management of terrorism” Commission 2005 √ Achieved  
The Commission adopted the proposal on 6 April 2005168. The Council Decision 
2007/124/EC, Euratom establishing for the period 2007 to 2013, as part of General 
Programme on Security and Safeguarding Liberties, the Specific Programme 
"Prevention, Preparedness and Consequenc e Management of Terrorism and other 
Security related risks" was adopted on 12 February 2007169. 
3.1. SHARING OF INFORMATION AMONG LA W ENFORCEMENT AND JUDICIAL AUTHOR ITIES WHILE STRIKING THE RIGHT 
BALANCE BETWEEN PRIVACY AND SECURITY 
3.1. 
(a) Adoption of a legislative 
instrument on the retention 
of data processed in 
connection with the 
provision of public 
electronic communication 
services for the detection, 
investigation and 
prosecution of criminal 
offences Council/ 
Parliament 2005 √ Achieved  
On the basis of the Commission proposal of 21 September 2005170, the Directive 
2006/24/EC on the retention of data generate d or processed in connection with the 
provision of publicly available electronic  communications serv ices or of public 
communications networks and amending Directive 2002/58/EC was adopted on 
15 March 2006171. 
                                                 
168 COM(2005) 124 final. 
169 OJ L 58, 24.2.2007, p. 1. 
170 COM(2005) 438 final. 
171 OJ L 105, 13.4.2006, p. 54. 
 
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- Availability principle and pr otection of personal data 
3.1. 
(b) Proposal on the 
establishment of a 
principle of availability of 
law enforcement relevant 
information Commission 2005 √ Achieved  
The proposal for a Framework Decision on the exchange of information under the 
principle of availability was adopt ed on 12 October 2005 by the Commission172. 
3.1. 
(c) Proposal on adequate safe 
guards and effective legal 
remedies for the transfer of 
personal data for the 
purpose of police and 
judicial cooperation in 
criminal matters Commission 2005 √ Achieved  
The Commission’s proposal for a Council Fram ework Decision on th e protection of 
personal data processed in the framework of police and judicial cooperation in criminal 
matters was adopted on 4 October 2005173. The Framework Decision 2008/977/JHA was 
adopted on 27 November 2008174 by the Council. 
                                                 
172 COM(2005) 490 final. 
173 COM(2005) 475 final. 
174 OJ L 350, 30.12.2008, p. 60. 
 
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3.1 
(d) Adoption of a proposal for 
a Framework Decision on 
simplifying the exchange of 
information and 
intelligence between law 
enforcement authorities of 
the Member States of the 
EU  Council 2005 √ Achieved  
On 4 June 2004, a Swedish initiative for th e simplification of the exchange of 
information and intelligence between law enforcement authorities of the Member States 
of the European Union was presented. On the basis of this in itiative, the Council 
Framework Decision 960/2006/JHA was adopted on 18 December 2006175. 
3.1. 
(e) Proposal on access by law 
enforcement to the VIS Commission 2006 √ Achieved  
On 24 November 2005, the Commission presen ted a proposal for a Council Decision 
concerning access for consultation of the Visa  Information System (VIS) by designated 
authorities of Member States and by Eur opol for the purposes of the prevention, 
detection and investigation of terrorist offences and of ot her serious criminal offences176. 
The Council Decision 2008/633/JHA was adopted on 23 June 2008177. 
                                                 
175 OJ L 386, 29.12.2006, p. 89. 
176 COM(2005) 600 final. 
177 OJ L 218, 13.8.2008, p. 129. 
 
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3.1. 
(f) Development of the 
Europol Information 
System Europol 2006 
 √ Achieved  
Europol has developed the Europol Informati on System (IS), which is available in the 
Member States since October 2005. The system  means that a limited number of relevant 
data – including personal data – will be passed on by national police authorities. The Information System is available to all Me mber States’ Liaison Bureaux, the Europol 
National Units and Europol SC Units.  
Pursuant to the entry into force of the 2003 Protocol ("Danish pr otocol") amending the 
Europol Convention, the possibility is given to  Member States to a llow access to IS to 
some designated national competent authorit ies on a hit/no hit basis. Furthermore, to 
improve their contribution to the IS, a numbe r of Member States have automatic data 
loaders in place, and 8 more are wil ling to create IS data loaders.  
However, after 3 years of operation, the usage of the IS is still low although 
improvements in the volume of contributions took place in 2008. The IS Strategy 2008-2012 identified concrete obstacles as to why the system is not sufficiently used and set 
objectives in order to improve  the situation. In October 2008,  the IS Improvement Project 
was set up to improve the added value and the usage of the IS by the end of 2009.  
 
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3.1. 
(g) Development of links 
between the SIS II and the 
Europol information 
system  2007 • Delayed  
Europol has been connected to  the SIS II testing environm ent. Once SIS II will be 
operational, Europol will have read-only access  rights, in accordance with the SIS II legal 
framework 
 
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3.1. 
(h) Implementation of the 
principle of availability, 
concerning the following 
areas: 
- DNA 
- fingerprints 
- ballistics 
- telephone numbers 
- vehicle registrations 
- civil registers Commission
/Council 2006 (2005 
for DNA) • Ongoing  
See also 3.1(b).  The Commission presented a proposal fo r a Framework Decision on the 
implementation of the pr inciple of availability178 and a proposal for a Framework 
Decision on the protection of  data that are exchanged under this principle in the 
framework of police and judicial  cooperation in criminal matters179 in October 2005. 
Only the latter Framework Decision was adopted180. 
The Commission supported the initiative of Germany181 and other signatories of the 
Prüm Treaty to transform this Treaty into  a Council Decision. The Council adopted the 
Decision 2008/615/JHA on the ste pping up of cross-border coope ration, particularly in 
combating terrorism and cross-border crim e and the correlated Decision 2008/616/JHA 
on the implementation of Decision 2008/615/JHA on the stepping up of cross-border 
cooperation, particularly in combating te rrorism and cross-border crime on 23 June 
2008182. 
The Prüm Decision establishes the possibility  for law enforcement authorities to gain 
direct access on a "hit /no-hi t" basis to decentralised DNA and fingerprint databases 
enabling them to find out whether DNA or fi ngerprint records ex ist – subsequently 
followed by a request for additional informati on on the contents of the records thorough 
mutual legal assistance arrangements – a nd full online access to vehicle registration 
databases. The exchange of DNA, Fingerprint s and Vehicle registra tion data is to be 
implemented by 26 August 2011. Implementation of principle of availa bility concerning 
the other three data categories is not likel y to follow before major progress on point 
3.1(k) has been made. 
                                                 
178 COM(2005) 490 final. 
179 COM(2005) 475 final. 
 
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3.1. 
(i) Communication on 
enhanced synergies 
between SIS II, VIS and 
Eurodac Commission 2006 √ Achieved  
Refer to point 2.8(o). 
3.1. 
(j) Proposal for a general 
Community architecture on 
forensic/police databases Commission 2008 • Not relevant anymore 
No relevant anymore because of the adoption of the Prüm Treaty. 
3.1. 
(k) Definition of a policy for a 
coherent approach on the 
development of 
information technology to 
support the collection, 
storage, processing, 
analysis and exchange of 
information Commission 2005 • Ongoing 
The Communication on improved effectiveness, enhanced interoperability and synergies 
among European databases in the area of Ju stice and Home Affair s was adopted on 24 
November 2005183. The discussion on the genera l policy for a development of 
information management strategy is ongoing.  
                                                                                                                                                                                                                                           
180 OJ L 350, 30.12.2008, p. 60. 
181 Initiative of the Federal Republic of Germany with a view to the adoption of a Council Decision 2007/…/JHA of … on the impleme ntation of Decision 2007/…/JHA 
on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, OJ C 267, 9.11.2007 , p. 4.   
182 OJ L 210, 6.8.2008, p. 1 and p. 12. 
183 COM(2005) 597 final. 
 
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- Exchange of data on PNR 
3.1. 
(l) Proposal concerning a 
common EU approach to 
the use of passenger data 
for border and aviation 
security and other law 
enforcement purposes Commission 2005 √Achieved  
The Commission adopted the proposal for a Council Framework Decision on the use of 
Passenger Name Record (PNR) for law enforcement purposes  on 6 November 2007184 as 
part of its Counter Terrorism Package. Discussions in Council have started in February 
2008. 
3.1. 
(m) Joint review on the Air 
Passengers Data (PNR) 
Agreement with the USA Commission 2005 √ Achieved  
During 2005 an EU team undertook a review of  the 2004 PNR agreement with the US on 
the transfer of PNR data. The EU team concluded that the US authorities had applied the 
agreement, and in particular the Undertaki ngs in which they had given to process PNR 
data from the EU under certain conditions in a satisfactory manner, and that they had 
made a number of recommendations. Following the ruling of the Cour t of Justice of 30 
May 2006185 in which the Court annulled th e Council and Commission decisions 
(respectively 2004/496/EC and 2004/535/EC) a llowing entering into force of the 2004 
agreement, the EU decided to negotiate an in terim agreement that became applicable in 
October 2006 and lasted until July 2007. The EU signed in July 2007 a long term PNR agreement with the United States, thus ensu ring that there was no loophole once the 2006 
interim PNR agreement expired. It  is provisionally applicable and will enter into force as 
soon as all Member States have finalised dom estic consultation procedures. A review of 
the 2007 US PNR agreement is scheduled for 2009. 
                                                 
184 COM(2007) 654 final. 
185 C-317/04 and C-318/04. 
 
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3.1. 
(n) Completion of negotiations 
of PNR agreements with 
Canada and Australia 
(2005),and with other 
countries if necessary Commission 2005 √ Achieved  
Following the Commission’s pr oposal dated 19 May 2005186, the negotiations with 
Canada were completed with the adoption of the Council Interna tional Agreement on 18 
July 2005 and Commission Adequacy Decisi on on 6 September 2005. The agreement 
entered into force on 22 Marc h 2006. In November 2008 a join t review of the operation 
of the agreement was carried out. The results of the joint review will be presented in 
2009.  
Negotiations with Australia for an EU – Australia PNR agreement started on 11 March 
2008 after Council issued a mandate on 28 Fe bruary 2008. The agreement providing for 
transfer from the EU to Australia of PNR data was signed in Brussels on 30 June 2008 
and became provisionally applicable from that date. The Agreement will be valid for seven years. Since the agreement became a pplicable as from 30 June 2008, no joint 
review to assess its implementation has been held yet. 
3.1. 
(o) Definition of international 
guidelines ensuring a high 
degree of protection of 
privacy for access to PNR 
data in the framework of 
the International Civil 
Aviation Organisation 
(ICAO) Commission  √ Achieved  
A Commission staff working pape r was issued on 26 January 2004187. On 9 June 2005, 
the ICAO adopted international PNR Guidelin es, taking into account the proposals from 
the Commission. In April 2006, a circular ba sed on the ICAO Management Board has 
been published188.  
                                                 
186 COM(2005) 200 final. 
187 SEC(2004) 99 . 
188 Circular 309. 
 
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3.2. TERRORISM 
- Further development of an overa ll approach to combat terrorism 
3.2. 
(a) Further implementation of 
the EU Action Plan on Combating Terrorism Commission
/Council/ 
European 
Parliament  The Commission adopted: 
- the Decision on financing a Pilot Proj ect on the “Fight Against Terrorism” on 
15 September 2005
189; 
- the decision on the use of the VIS by authoriti es responsible for in ternal security on 
23 November 2005190; 
- the revised Action Plan on Terrorism on 30 November 2005191. 
Moreover, the Commission proposed an amen dment to the Framew ork Decision on 
combating terrorism, adopted by the Council in 2008192; as well as an EU Action Plan on 
Enhancing the Security of Explosives whic h was adopted by the C ouncil in April 2008193, 
following a 2007 Commission proposal194. 
3.2. (b) Follow-up to the pilot 
project in favour of victims of terrorism Commission 2006 
√ Achieved  
On 7 July 2006, preparatory actions for the vict ims of terrorist acts were launched with 
1.8M € earmarked for grants resulting from the call for proposals. In December 2006 
                                                 
189 C(2005) 3179. 
190 COM(2005) 600 final. 
191 SEC(2005) 1585. 
192 OJ L 330, 9.12.2008, p. 21-23. 
193 ENFOPOL 69, 8109/08. 
194 COM(2007) 651 final. 
 
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proposals were selected for co-financing. Si nce then, projects supporting victims of 
terrorism have been financed from the ge neral financial programmes, amongst others 
concerning the creation of a network of associations for victims of terrorism. 
3.2. 
(c) Reinforcement of 
cooperation between the competent authorities to combat terrorism through the development of specialised contact points in Member States, which will have access to all necessary information and intelligence with respect to terrorist activities involving persons, groups or entities Commission
/Council 2005 
√ Achieved  
Decision 2005/671/JHA on the exchange of information and cooperation concerning 
terrorist offences, adopted on 20 September 2005195 on the basis of the Commission 
proposal of 29 March 2004196, provides for the establishment of contact points regarding 
terrorist criminal offences.  
 
3.2. 
(d) Examination of the 
necessity and feasibility of the setting-up of a European law enforcement network (LEN) for the fight against terrorism and 
if necessary proposal for Commission
/Council 2005 
examination 
2006 
proposal √ Achieved  
After looking at the necessity and feasibility of setting up a European Law enforcement 
network (LEN), it was decided to abandon th is initiative since it would not provide 
sufficient added value to existing networks.  
                                                 
195 OJ L 253, 29.9.2005, p. 22. 
196 COM(2004) 221 final. 
 
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its setting up  
3.2. 
(e) Communication on greater 
security of explosives, bomb-making equipment Commission 2005 
√ Achieved  
The Commission’s Communicati on was adopted on 18 July 2005197. The first important 
follow-up was a conference organised by the Commission bringing together all major 
stakeholders to brainstorm on a long-term pl an for making explosives more secure. The 
Council adopted the Action Plan on Enhanci ng the Security of Explosives on 18 April 
2008198, following a 2007 Commission proposal199. As part of its implementation, a 
Standing Committee on Precursors, composed of  experts from both the public and private 
sector, was set up. 
3.2. (f) Communication of the 
Commission on violent radicalisation and strategy of the Council on radicalisation and recruitment  Commission 2005 
√ Achieved  
On 21 September 2005, the Commission pres ented the Communication "Terrorist 
recruitment: addressing the factors contributing to violent radicalisation"200. The 
Commission’s Communication served as a ba sis for the EU Strategy on Combating 
Radicalisation and Recruitment201 adopted on 12 December 2005 and updated in 2008202. 
3.2. (g) Proposal for preventing 
misuse of charitable Commission 2006 
√ Achieved  
                                                 
197 COM(2005) 329 final. 
198 ENFOPOL 69 8109/08. 
199 COM(2007) 651 final. 
200 COM(2005) 313 final. 
201 Council document 14781/1/05 rev 1. 
202 Council document 15175/08. 
203 COM(2005) 620 final. 
 
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organisations for the 
financing of terrorism On 29 November 2005, the Commis sion adopted a Communication203on the Prevention 
of and Fight against Terrorist Financing th rough enhanced national level coordination and 
greater transparency of the non-profit sect or. In December 2005, the Council agreed on 
five principles that should be taken into account when  implementing measures aimed at 
preventing terrorist abuse of the non-profit sector204. These principles, together with the 
Commission, FATF Interpretative Note to  Special Recommendation VIII adopted in 
2006, and two studies related to this issue provide a basis for further Commission policy 
development. 
3.2. (h) Communication on results 
of the peer evaluation mechanism on terrorism in the 25 Member States Council 
Secretariat 
General 2006/2007 
√ Achieved  
During 2006 in the framework of the first roun d of peer evaluation on counter-terrorism 
measures, the Member States responded to the recommendations of the evaluation teams. 
A report was drafted by the Counc il General Secretariat on the basis of the answers of the 
Member States. The report was approved in the Terrorism Working Party in March 2007. 
The implementation of the recommendations in cluded in the report is being taken forward 
by the Member States. In the light of the recommendations of the peer evaluation of 
national anti-terrorism arrangements, acti ons are envisaged to strengthen national 
capabilities to combat terrorism. 
3.2. (i) Identification of need and 
scope for legal instruments to ensure that all Member States can freeze assets of designated persons on a Council / 
Commission2007 
√ Achieved  
The EU regime implementing UN Secur ity Council Resolution 1390 (2002) on the 
freezing of funds of persons and entities asso ciated with Usama bin Laden, the Al-Qaida 
network and the Taliban is based on Council Regulation (EC) No 881/2002205. Following 
                                                                                                                                                                                                                                           
204 Council document 14694/05. 
205 OJ L 139, 29.5.2002, p. 9. 
 
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preventive basis in 
accordance with Special Recommendations of the Financial Action Task Force new decisions by the UN to list persons and en tities, the annex to this Regulation has 
been amended various times by Commission Regulations. In addition, following the Kadi judgment of the European Court of Justice
206 and to ensure continuation of freezing, the 
Commission has proposed to  amend Council Regulation207. 
3.2. 
(j) Contribution to the 
ongoing work on thwarting the production and spread of chemical, nuclear and biological arms Commission 2007 
√ Achieved  
Policy measures on these issues have been in preparation since 2006. A Green Paper on 
detection technologies in the wo rk of law enforcement, customs and other authorities was 
adopted on 1 September 2006208, as well as a Green Paper on bio-preparedness209 was 
adopted on 11 July 2007. Currently work is on-going to prepare a comprehensive CBRN package by the summer of 2009, following the wo rk of a public-private  task force during 
2008.  
3.2. 
(k) Development of the ATLAS 
cooperation and its legal framework Commission 2006 √ Achieved  
The Council Decision 2008/617/JHA on the im provement of cooperation between the 
special intervention units of the Member St ates of the European Union in crisis 
situations
210 was adopted by the Council on 23 June 2008.  
3.2. Build capacity in third Commission  √ Achieved  
                                                                                                                                                                                                                                           
206 Joined Cases C-402/05 P and C-415/05 P, Yassin Abdullah Kadi and Al Barakaat International Foundation v. Council of the European Union and Commission of the 
European Communities .  
207 COM(2009) 187 final. 
208 COM(2006) 474 final. 
209 COM(2007) 399 final.  
210 OJ L 210, 6.8.2008 p. 73. 
 
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(l) countries to fight terrorism 
and appropriate clauses on counter-terrorism in the agreements to be concluded by EU/EC with third countries  The Commission is sustaining in stitutional/capacity-building measures in third countries 
in the fields of justice, freedom and security which, at the same time, contribute to fighting against terrorism (e .g. justice, police, money-la undering, etc.). A standard 
counter-terrorism clause is systematically pa rt of all agreements under negotiation or to 
be concluded and of the European Neighbourhood Policy Action Plans
211.  
3.2. (m) Develop public/private 
partnerships to improve the prevention and the fight against terrorism  Commission  
√ Achieved  
A sector-specific public/private  partnership was launched by a conference held on 28 and 
29 November 2005 on detection an d associated technologies. Cooperation in the form of 
public/private partnership is al so continuing as pa rt of the work on pr otection of critical 
infrastructure, explosives and CBRN, where public-private Task-Forces were 
instrumental in the preparation of the respective Action Plans 
 
- Review and adaptation of EU legislation in parallel with  measures to be adopted in  order to combat terrorism 
3.2 
(n)  Second report based on 
Article 11 of the Council Framework Decision of Commission 2005 
(report) 
2006 √ Achieved212 
Adopted as part of the Counter-Ter rorism Package on 6 November 2007213, the report 
evaluated the implementation of  EU 25 and noted that, altho ugh most Member States had 
                                                                                                                                                                                                                                           
211 The revised Cotonou Partnership Agreement and the Joint Council-Commission Declaration on financial and technical assistance i n the area of cooperation in the 
fight against terrorism stipulate that targeted assistance to st rengthen ACP countries' ability to counter terrorism must be fi nanced by resources other than those 
intended for the financing of ACP-EC development cooperation. See also Article 11a, known as the "counter-terrori sm clause” ins erted in the Revised Cotonou 
Partnership Agreement. 
212 Achieved in 2007. 
 
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13.6.2002 on combating 
terrorism and evaluation (evaluation) implemented the main provisions correc tly, there were some important deficiencies to 
correct in certain national legal systems. 
3.3. PREVENTION OF AND FIGHT AGAINST ORGANISED CRIME 
3.3. 
(a) Communication on 
developing a strategy on tackling organised crime Commission 2005 
√ Achieved  
The Commission adopted its Communication “D eveloping a strategic concept on tackling 
organised crime” on 2 June 2005214. The Communication identifies  five areas of priority 
action in the field of organised crim e: knowledge, prevention, cooperation and 
information exchange among law enforcement agencies, development of legislation and 
cooperation with third countries a nd international organisations.  
- Improve the knowledge of organised and serious crime a nd strengthen the gathering and analysis of information 
3.3. 
(b) Communication on an 
action plan — EU crime statistics Commission 2005 
√ Achieved215 
The Communication "Developing a comprehe nsive and coherent European Union 
strategy to measure crime and criminal justice: an EU action plan 2006-2010" was 
adopted on 7 August 2006216 and is being implemented. 
3.3. (c) Commission working 
paper on criminal intelligence-led law Commission 2005 • Not relevant anymore 
Following examination of the matter, the Comm ission considered that this action should 
                                                                                                                                                                                                                                           
213 COM(2007) 650 final. 
214 COM(2005) 232 final. 
215 Achieved in 2006. 
216 COM(2006) 437 final. 
 
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enforcement no longer be pursued as this is an issue for Member States' action. 
3.3. 
(d) Recommendation for a 
standard methodology for vulnerability in crime proofing  Commission 2007 • Not relevant anymore 
Following examination of the matter, the Commissi on considered that it is not feasible to 
identify standards in this area applicable across all sectors.  
3.3 (e) Presentation of a European 
crime report Commission 2007 • Delayed 
The production of a European Crime Report is c onsidered subject to the conclusion of the 
2006-2010 Commission Action Plan to develop an EU Strategy to measure crime and 
criminal justice. In this light , the feasibility of producing a 'credible' EU crime report is a 
priority consideration when the Action Plan final implementation report will be produced in the middle 2010, additional funding ha s been requested under the 2010 ISEC 
programme to pilot this project. 
3.3 (f) Organised Crime Threat 
Analysis (OCTA) by Europol  Europol As of 2006 
√ Achieved  
The 2007 OCTA was issued in June 2007. The 2008 OCTA was published in August 
2008217. 
- Strengthen prevention of organised crime 
3.3. (g) Crime-proofing of 
legislation and the design of crime preventive measures into products and Commission 2005 • Not relevant anymore 
On the basis of the results of a study c onducted in 2006, the Commission concluded that 
                                                 
217 Available at: http://www.europol.europa.eu/publications/Europ ean_Organised_Crime_Threat_Assessment_(OCTA)/OCTA2008.pdf. 
 
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services this action was not worth being pursued.  
3.3. 
(h) Report on the results of a 
study further to the Council resolution of 2001 on the contribution of civil society in finding missing or sexually exploited children Commission 2005 • Not relevant anymore 
This initiative has been overtaken by Fr amework Decision 2004/68/JHA, which is being 
updated on the basis of a Commission proposal
218, on combating sexual exploitation of 
children, by the Commission Draft Guidelin es on child alert system and by the 
Communication "Towards an EU St rategy on the rights of the child219.  
3.3. 
(i) Action Plan on 
private/public partnerships to protect public organisations and private companies from organised crime Commission
/ Council 2006 • Not relevant anymore 
The Action plan has never been approved and,  after the reformulation of the objectives, 
the European Security Research Innovation Forum
220 has been set up.  
3.3. 
(j) Improving European 
coordination and cooperation between high-tech crime units in Member States, and with the private Commission 2006 •  Delayed 
To follow up on the 2007 Communication "Towar ds a general policy on the fight against 
cyber crime"
221, actions to strengthen  cooperation between law enforcement and private 
sector were undertaken in 2007-2008, includi ng two Commission expert meetings on 
                                                 
218 COM(2009) 135 final. 
219 COM(2006) 367 final. 
220 The establishment of ESRIF was first announced on 26 March 2007 at the 2nd European Security Research  Conference SRC’07 in Berlin. Its inaugural meeting took 
place on 11 September 2007. In  two following meetings in 2007 a working methodology was agreed an d eleven work groups were esta blished. An intermediate 
status report was presented at the 3rd European Security Resear ch Conference SRC’08 that was hosted by the French EU Presidency  on 29-30 September 2008 in 
Paris. ESRIF is expected to deliver its final recommendations in  summer/autumn of 2009. With its current mandate, ESRIF is due to expire at the end of 2009. 
221 COM(2007) 267 final. 
 
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sector (cyber crime 
intelligence network) including the development of a European cyber crime manual cybercrime and a series of informal consu ltations with both the public and the private 
sector. As a result, EU recommendations on public-private coope ration in the fight 
against cyber crime were adopt ed at expert level in Sept ember 2008 and published as an 
annex to the JHA Council c onclusions in November 2008
222, where an overall strategy 
including practical measures ag ainst cyber crime was adopted.  
3.3. 
(k) Communication on cyber 
crime and cyber security policy Commission 2006 
√ Achieved223 
The Commission Communication developing a general policy on fighting cybercrime, 
"Towards a general policy on the fight ag ainst cyber crime", was adopted on 22 May 
2007224. 
- Anti-corruption measures 
3.3. (l) Examination of the need 
for codes of conduct on ethics and integrity for public officials Commission 2007 
√ Achieved  
The Commission published a Communicatio n on "Enhancing the environment for 
professional ethics" within the Commission on 5 March 2008225.  
3.3 
(m) Proposal introducing 
certain obligations on certain categories of officials with regard to reporting bribery as well Commission 2009 • Not relevant anymore  
                                                                                                                                                                                                                                           
222 Council conclusions based on the Council document 15569/08. 
223 Achieved in 2007. 
224 COM(2007) 267 final. 
225 SEC(2008) 301 . 
 
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as the disclosure of assets 
and business interests 
- Strengthen tools to address fina ncial aspects of organised crime 
3.3. 
(n) Initiatives to promote use 
of financial investigation as a law enforcement technique and to establish 
common minimum training 
standards Commission 2005-2007 
√ Achieved  
A Financial Investigation Steering Group was created on the initiative of the Commission 
and Europol to implement a European tr aining programme dedi cated to financial 
investigations. The fifth Round of mutual Evaluations, conduct ed in the framework of the 
MDG Council working group, will deal with EU  Member states financial investigation 
capacity. 
3.3. (o) Common set of training 
standards in financial investigation skills  Commission 2005 •  Delayed 
Training standards will be developed by external project partners in 2009, with financial 
support from the Commission. The public ation of two handbooks on financial 
investigation skills is  foreseen for 2010. 
3.3. 
(p) Recommendation for a 
Memorandum of Understanding regarding feedback from financial intelligence units to reporting bodies on suspicious transaction reports Commission 2006 •  Delayed 
A preparatory study is being finalised . The final report's conclusions and 
recommendations will be presented to and di scussed with Financial Intelligence Units and 
experts from the private sector in 2009. Th e need for a Memorandum of Understanding 
will be further discussed, possibly within the informal EU Financial Intelligence Units 
Platform. The European platform for reporting criminal acts committed on Internet will also become additional tool for submitting suspicious transaction reports. It is scheduled to become operational in June 2010. 
 
EN - 75 -   EN No Action under the Action 
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3.3. 
(q) Recommendation and/or 
proposal to enhance transparency of legal entities to reduce vulnerability to infiltration by organised crime Commission 2006 • Not relevant anymore  
Following careful analysis, the Commission de cided that it was no longer feasible to 
purse this action. 
3.3. (r) Promotion of the 
establishment of criminal asset intelligence units in EU Member States Commission
/Council Continuous 
√ Achieved  
Council Decision 2007/845/JHA concerning cooperation between Asset Recovery 
Offices of the Member States in the field of  tracing and identification of proceeds from, 
or other property related to, crime, was adopted on 6 December 2007226. The Commission 
continuously promotes the esta blishment of such offices by  regularly co-financing the 
activities of the CARIN Network227 (under ISEC). A high leve l pan-European conference 
funded under ISEC on establishing Asset Rec overy Offices in the EU Member States 
took place in March 2008228. The Commission Communica tion on the proceeds of 
organised crime, adopted on 20 November 2008229, develops a general policy on 
confiscation and asset recovery, including th e exchange of information and cooperation 
between national asset recovery offices. 
3.3. (s) Examination of standards 
for the return of Commission 2008 • Not relevant anymore 
The Commission Communication on the proceeds of organised crime (see 3.3.r) covers 
                                                 
226 OJ L 332, 18.12.2007, p. 103. 
227 CARIN includes experts from 52 countries, including 26 EU Member  States. Its objectives are the exchange of best practices and  the improvement of inter-agency 
cooperation in cross-border matters. Its Secretariat is held by Europol.  
228 Organised by Europol, the Austrian and Belgian governments. 
229 COM(2008) 766 final. 
 
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confiscated or forfeited 
assets as compensation or restitution to identifiable victims of crime or charitable organisations the subject. 
 
- Improve legislation and review existi ng legal instruments where needed  
3.3. 
(a) Adoption of a framework 
decision on participation in 
a criminal organisation Commission 2006 √ Achieved230 
On the basis of the 2005 proposal on the fight against organised crime231, the Council 
Framework Decision 2008/841/JHA was adopted on 24 October 2008232. 
3.3. 
(b) Legislative package on the 
fight against counterfeiting Commission
/Council/ 
Parliament 2005 √ Achieved  
A proposal for a Directive on criminal measur es aimed at ensuring the enforcement of 
intellectual property rights a nd a proposal for a Framework Decision to strengthen the 
criminal law framework to combat intellectua l property offences were presented by the 
Commission on 12 July 2005233. The proposals have not been  adopted by th e Council and 
the Framework Decision will be wit hdrawn by the Commission. The Commission 
presented an amended proposal on 26 April 2006234, taking account of the judgment of 
the Court of 13 September 2005 (Case C-176/ 03).The proposal received a favourable 
opinion of the EP in 2007 and is still being discussed in Council. Following a European 
                                                 
230 Adopted in 2008. 
231 COM(2005) 6 final. 
232 OJ L 300, 11.11.2008, p. 42. 
233 COM(2005) 276 final. 
234 COM(2006) 168 final. 
 
EN - 77 -   EN No Action under the Action 
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Court judgement in a related case, the pr esent proposal needs to be reformatted.  
3.3. 
(c) Communication on 
trafficking in human beings Commission 2005 √ Achieved  
The Communication "Fighting ag ainst trafficking in human beings – an integrated 
approach and proposals for an action plan"235, adopted on 18 October 2005, laid down the 
basis for the Council EU Plan on best practice s, standards and procedures for combating 
and preventing trafficking in human beings, published on 1 December 2005236. On 17 
October 2008, the Commission adopted the Commission Working Document "Evaluation 
and monitoring of the implementation of the EU Plan on best practices, standards and 
procedures for combating and preventing trafficking in human beings"237. 
3.3. (d) Review and, where 
appropriate further development of present legislation on trafficking in human beings, for example in order to facilitate public-private cooperation, EU-wide coordination and the involvement of Europol Commission 2006 
√ Achieved238 
On 2 May 2006, the Commission adopted the im plementation report concerning the 
Council Framework Decision 2002/629/JHA on combating trafficking in human 
beings239. A proposal for a new Framework D ecision on preventing and combating 
trafficking in human beings, and protecting victims, repealing th e Framework Decision 
2002/629/JHA, was adopted by the Commission on 24 March 2009240. A Commission 
decision regarding setting up a new Group of Experts on trafficki ng human beings was 
adopted on 17 October 2007241 (the Commission Decision 2008/604/EC on the 
appointment of members of the Group of Experts was adopted on 22 July 2008242). 
                                                 
235 COM(2005) 514 final. 
236 OJ C 311, 9.12.2005, p. 1. 
237 COM(2008) 657 final. 
238 Achieved in 2007. 
239 COM(2006) 187 final. 
240 COM(2009) 136 final. 
 
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3.3. 
(e) Review and, if necessary, 
further development of the legal framework preventing and combating trafficking in human organs, tissues and cells Commission 2006 
√ Achieved243 
In the Communication on organ donation244, the Commission took the commitment to 
monitor the situation of  organ trafficking. For this purpos e, a study on the assessment of 
different types of trafficking, including organ trafficking has been la unched and the final 
report will be available mid 2009. The proposal  for a revised framework decision on 
trafficking in human beings contains provisions to addre ss trafficking in organs.  
3.3. 
(f) Review and, if necessary, 
strengthening of present legislation on confiscation of criminal assets Commission 2008 
√ Achieved  
The Council Decision 2007/845/ JHA concerning cooperation between Asset Recovery 
Offices of the Member States in the field of  tracing and identification of proceeds from, 
or other property related to, cr ime was adopted on 6 December 2007245. On 17 December 
2007, the Commission issued a first report re viewing Member Stat e implementation of 
Framework Decision 2005/212/JHA on confis cation of crime related proceeds, 
instrumentalities and property246. The Commission published in December 2008 a study 
analysing Member States' practices in conf iscation, focusing in particular on what has 
proven to be effective at na tional level with a view to promote and exchange best 
practice247. 
                                                                                                                                                                                                                                           
241 OJ L 277, 20.10.2007, p. 29. 
242 OJ L 194, 23.7.2008, p. 12. 
243 Achieved in 2007. 
244 COM(2007) 275 final. 
245 OJ L 332, 18.12.2007, p. 103. 
246 COM(2007) 805 final. 
247 Matrix, "Assessing the effectiveness of EU Member States' practices in  the identification, tracing, freezing and confiscation of crimin al assets", not yet published. 
 
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3.3. 
(g) Comparative study to 
evaluate the need for instruments to combat activities of organised crime related to fiscal fraud within EU Member States and acceding and candidate countries Commission 2005 
√ Achieved  
The study was finalised on 10 October 2005248. 
3.3. 
(h) On the basis of the study, 
proposal for legislation in criminal matters, in the field of organised crime related to fiscal fraud or on standards and best practices for the purpose of improving law enforcement cooperation Commission 2007 • Not relevant anymore 
The Commission decided that it was no l onger feasible to purse this action.  
3.3. 
(i) Proposal on identity theft 
and identity management measures Commission 2007 • Delayed 
A comparative study to evaluate the need for instruments to combat organised crime 
activities related to identity theft in the EU Member States
249 was commissioned in 2007. 
Only one tenderer submitted an offer, which was not considered as satisfactory. The Commission hence decided not to award any contract. A new tender procedure may be 
                                                 
248 Tender No JAI/D2004/04. 
249 Tender No JLS/D2/2007/05. 
 
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launched in 2009. 
3.3. 
(j) Examination of the 
initiative on combating fraud in public tenders Commission 2006 • Not relevant anymore  
 
3.3. 
(k) Study and research on the 
need for further approximation of 
legislation, e.g. in the fields 
of illicit arms trafficking, racketeering and extortion Commission 2008 • Delayed 
The study on racketeering and extortion was launched in 2008 results expected by the end 
of 2009. 
- Improve monitoring and evaluation 
3.3. (l) Second report based on 
Article 6 of the Council Framework Decision of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime Commission 2005 
√ Achieved250 
The report was adopted on 21 February 2006251. 
                                                 
250 Achieved in 2006. 
251 COM(2006) 72 final. 
 
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3.3. 
(m) Second report based on 
Article 14 of the Council Framework Decision of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment Commission
/Council 2005 
√ Achieved252 
The report was adopted on 20 February 2006253. 
3.3. 
(n) Implementation report 
framework Decision "Private sector  corruption" Commission
/Council 2005 
√ Achieved254 
The report from based on Article 9 of the Council Framework Decision 2003/568/JHA of 
22 July 2003 on combating corruption in the private sector was adopted on 18 June 
2007255. 
3.3. (o) Report on the 
implementation of the framework Decision of 27 January 2003 on protection of the environment through criminal law
256 Commission 2005 • Delayed 
The report was not published following the a nnulment of the Framework Decision by the 
European Court of Justice on 13 Sept ember 2005 (case C-176/03). The Commission 
presented a new proposal for a Directive on the protection of the environment through 
criminal law on 9 February 2007257, and the Directive 2008/99/EC was adopted on 19 
                                                 
252 Achieved in 2006. 
253 COM(2006) 65 final. 
254 Achieved in 2007. 
255 COM(2007) 328 final. 
256 Council Framework Decision 2003/20/JHA of 27 January 2003 on the protection of the environment through criminal law, OJ L29, 5 .2.2003, p. 55. 
257 COM(2007) 51 final. 
258 OJ L 328, 6.12.2008, p. 28. 
 
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November 2008258. 
3.3. 
(p) Report on the 
implementation of the framework Decision on Confiscation of Crime-Related Proceeds, Instrumentalities and Properties  Commission 2007 
√ Achieved  
The report was published on 17 December 2007259. 
3.3. 
(q) Evaluation regarding 
Member States' implementation of customs cooperation (Naples II Convention) including the ratification status Council 2007 √ Achieved  
The evaluation report was adopted by the Customs cooperation working party and 
presented to Art 36  committee and Council
260. The Commission was active part of the 
evaluation. The project has been granted ISEC funding.  
3.3. 
(r) Evaluation regarding 
Member States' anti-corruption policies Council 2009 • Ongoing 
The Commission ordered a study into the links  between organised crime and corruption 
in 2008. Results are expected in 2009.  
3.3. (s) Evaluation regarding 
measures to combat financial crime Council 2010 • Ongoing 
The fifth round of mutual evaluations organi sed by the Council's Mult idisciplinary Group 
on Organised Crime will cover Member States capacity to combat financial crime and to 
                                                 
259 COM(2007) 805 final. 
260 Council document 8282/3/08 rev 3. 
 
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run financial investigations. Evaluation missions  will take place in the course of 2009 and 
2010. 
3.4. POLICE AND CUSTOMS COOPERATION 
3.4. (a) Implementation and 
evaluation of the work programme concerning customs cooperation 
approved by the JHA 
Council on 30 March 2004 following the Council Resolution of 2 October 2003 on a strategy for customs cooperation Council 2004-2006 
√ Achieved  
The report to the Council on implementation of the Action Plan for the strategy for 
customs cooperation in the Third Pillar (2004-2006)261 was presented in 2007 . 
3.4 (b) Communication on the 
fight against illicit cross-border trafficking in restricted or prohibited goods  Commission 2007 •  Not relevant anymore  
Following careful analysis, the Commission de cided that it was no longer feasible to 
purse this action. 
3.4 (c) Proposal on the 
development of Europol and on the role of the Commission To enter 
into force no later than 
√ Achieved262 
At the end of 2006, the Commission presented a new proposal for a Council Decision to 
replace the Europol Convention263. In April 2008 Member States reached a political 
                                                 
261 Council document 5674/07. 
262 Partially. 
 
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European Parliament and 
national parliaments in the scrutiny of Europol's activities 1 January 
2008 agreement, and adoption followed on 6
th April 2009264. As regards the role of the 
European Parliament in the scrutiny of Eur opol's activities, the Community funding of 
Europol, as established in the future Council Decision on Europol, should reinforce it, the Parliament being one branch of the budgetary  authority. Furthermore, according to the 
Lisbon Treaty, "the European Parliament a nd the Council, by mean s of regulations (…) 
shall lay down the procedures for scruti ny of Europol's activit ies by the European 
Parliament, together with National Parliaments". 
- Improvement of law enforcement cooperation and development of the Schengen acquis in  respect of cross-border operational law enforcement 
cooperation 
3.4. (d) Follow-up to the 
Communication and proposal on improvement of law-enforcement cooperation in particular at the internal borders between Member States Commission 2005 
√ Achieved  
On 18 July 2005 the Commission adopted a proposal for a Council Decision on the 
improvement of police cooperation between th e Member States of the European Union, 
especially at the internal  borders, and amending the Convention implementing the 
Schengen Agreement265. 
3.4. (e) Communication and 
proposal for a Directive on 
improved transport safety and increased security through the creation of an area of police and judicial Commission 2005 • Not relevant anymore 
Please refer to 4.2 (d). 
                                                                                                                                                                                                                                           
263 COM(2006) 817 final. 
264 Not yet published on the Official Journal. 
265 COM(2005) 317 final. 
 
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cooperation on the trans-
European transport networks  
3.4. 
(f) Updating of the Sirene 
manual Commission 2005 √ Achieved266 
The Commission adopted the decision 2006/ 758/EC on amending the SIRENE Manual 
on 22 September 2006267. 
3.4. 
(g) Further work with respect 
to police standards (police 
ethics, monitoring programmes) Commission 2008 • Delayed 
 
3.4. 
(h) Definition of quality 
standards of forensic laboratories Commission 2008 • Delayed 
The Commission tendered a study in 2007 to identif y obstacles in the field of forensic 
science. The final study lists 36 recomme ndations. Recommendations 8, 12, 13 et al. 
focus on enhancing the quality of forensic te sting and results, inter alia by accreditation of 
laboratories against ISO 17025.  
- Systematic exchange programmes for law enforcement officers' authorities 
3.4. 
(i) Adoption of a proposal 
aimed at amending the decision establishing Commission 2005 
√ Achieved  
Following the Commission’s proposal of 1 October 2004268, the Council adopted the 
                                                 
266 Achieved in 2006. 
267 OJ L 317, 16.11.2006, p. 41. 
 
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CEPOL (European Police 
College) as a body of the Union  decision 2005/681/JHA establishing the European  Police College (CEPOL) and repealing 
Decision 2000/820/JHA on 20 September 2005
269.  
3.4. (j) Evaluation of CEPOL 
(2006) and, if appropriate, further development Commission 2006 • Postponed 
According to the new Council Decision 2005/ 681/JHA establishing the European Police 
College (CEPOL) amending the original  Council 2000/820/JHA, an independent 
evaluation of CEPOL must be carried out with in 5 years of the taking effect of that 
decision (1
st January 2006).  
- Improvement of operational cooperation  
3.4. (k) Development of a common 
methodology and setting up of short-duration joint customs and police operations and/or multi-disciplinary joint teams  Council Continuous • Ongoing 
Discussions on possible actions in this field have been di scussed in 2006 and 2007 within 
the Council Customs Cooperation Working Pa rty and the Police Cooperation Working 
Party. A common methodology has not  been et up so far even if discussions are ongoing 
at joint meetings of the two Parties. Joint operations with the involvement of customs and 
police have taken place (for instance, the operation "Diligence on Firearms" in 2008). 
3.4. (l) Elaboration of minimum 
standards for the cross-border use of investigation techniques Commission 2006 •  Not relevant anymore 
An expert meeting to examine this quest ion was organised in November 2005. The 
Commission has supported a German initiative regarding cross-bord er investigations. 
Discussions in Council working groups have  taken place with a view to making 
                                                                                                                                                                                                                                           
268 COM(2004) 623 final. 
269 OJ L 256, 1.10.2005, p. 63. 
 
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investigation techniques  the subject of the 5th round of mutual evaluations.  
3.4. 
(m) Best practice guide for the 
promotion and expansion of the use of special forms of cooperation for customs administrations as provided by the Naples II Convention Commission 2008 • Delayed 
A specific action is included in the action plan implementing the Customs strategy thirst 
pillar for the period 1.7.2008- 31.12.2009. 
 
3.4. 
(n) Improvement of European 
cooperation between anti-corruption authorities and examination of the setting up of a network between anti-corruption authorities (including police, judicial, prosecutorial and customs)  Council 2007 
√ Achieved270 
The Council Decision 2008/852/JHA, adopted on 24 October 2008271, established a 
contact-point network against corruption, li nking the operational expertise of Member 
States authorities and agencies to prevent and combat corruption as well as to improve 
coordination in the field. 
                                                 
270 Achieved in 2008. 
271 OJ L 301, 12.11.2008, p. 38. 
 
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3.4. 
(o) Definition of a policy on 
the relationship between Europol and Eurojust  Council No later 
than 2008 • Achieved
272 
A revised Cooperation Agreement between Euro just and Europol has been approved by 
the Council in June 2009, replacing the old 2004 agreement. This agreement establishes 
and reinforces the close cooperation between the two bodies in order to increase their 
effectiveness in combating serious forms of international crime which fall in the 
respective competence, and to avoid duplicatio n of work. In particular, this will be 
achieved through the exchange of operational, strategic, and technical information, as 
well as the coordinati on of activities.  
3.4. 
(p) Definition of the role of the 
security committee (COSI)   Council No later 
than 1 
November 
2006 • Delayed 
There is no legal basis under the curr ent Treaties relate d to this action. 
3.4. 
(q) Review and, where 
appropriate, further development of the customs IT systems Council Continuous √ Achieved 
The Commission launched a pilot pha se in 2008 concerning the FIDE ( Fichier 
d'identification des dossiers des enquêtes douanières ) system. The FIDE is now 
operational since 15 September 2008.  
3.4. (r) Implement the conclusions 
of the Council of 19 November 2004 related to the fight against organised crime in the Western Council  √ Achieved
273 
The work to strengthen law enforcement coope ration in Western Balkans, with SECI as 
an important tool, is conti nuing. The new SECI Convention, wh ich will enable to SECI to 
cooperate closer with Europol, is being finalised. SECI is meant to coordinate a Common 
                                                 
272 Achieved in 2009. 
273 Partially implemented. 
 
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Balkans Threat Assessment on Organised Crime for South-East Europe . Moreover, Albania, 
Bosnia-Herzegovina, FYORM, Montenegro and Serbia have ratifi ed the UN Convention 
on Transnational Organised Crime of 2003 (UNTOC), the UNTOC Protocol on 
Trafficking in human beings274, the UNTOC Protocol on Migrants275, the UNTOC 
Protocol on Firearms276 and the Council of Europe Convention on Laundering, Search, 
Seizure and Confiscation of the Proceeds from Crime and Terrorism of 2005 and the Council of Europe Action against THB (for this last two instruments, as of 10.12.2008, 
FYROM and Serbia has signed but  not ratified them yet).  
3.5. MANAGEMENT OF CRISIS WI THIN THE EUROPEAN UNION 
3.5 
(a) Integrated EU crisis 
management arrangements Commission To be 
implemente
d by 1 July 
2006 √ Achieved  
The EU emergency and crisis co-ordination arrangements (EU-CCA) were adopted by the 
Council on 1 June 2006. While the EU emergenc y and crisis co-ordination arrangements 
set out how the EU institutions and affected Me mber States should interact in Brussels in 
a crisis mode, the integrated EU arrangement  for crisis management with cross border 
effects (EU-ICMA) can be understood as th e practical, operational arrangements to 
implement EU-CCA and to facilitate co-opera tion between Member States. These crisis 
co-ordination arrangements woul d provide a generic arrangement applicable for all types 
of crises, such as natural disasters, industr ial accidents, or a flu pandemic, as well as 
terrorist attacks. 
                                                                                                                                                                                                                                           
274 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Natio ns Convention against 
Transnational Organized Crime. 
275 Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnati onal Organized Crime. 
276 Protocol against the Illicit Manufacturing of and Trafficking in Fire arms, Their Parts and Compone nts and Ammunition, suppleme nting the United Nations 
Convention against Transnational Organized Crime. 
 
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3.5 
(b) Commission decision 
creating a secure general rapid alert system (ARGUS) and a Commission Crisis Centre to coordinate existing alert systems Commission 2005 
√ Achieved  
The Commission adopted on 20 October 2004 a communication277 calling inter alia  for a 
secure general rapid alert system (ARGUS) to be created within the Commission to link all specialised systems for emergencies that require action at European level. ARGUS provides a network which will respect the sp ecific characteristics, competences and 
expertise of the individual and specialised al ert systems which will continue to carry out 
their current functions. The Communica tion “Commission provisions on “ARGUS” 
general rapid alert system” wa s adopted on 23 December 2005
278. 
Further on, the Commission adopted a de cision creating AR GUS, whereby all 
Commission services are conne cted via an IT tool – th e ARGUS hub – which allows 
them to communicate and respond in situations of  crisis. Clear procedures are set forth as 
to who has to trigger what and communicate wi th whom in a situation of crisis. Following 
the adoption of the Communication on Rein forcing the Union's Disaster Response 
Capacity279, the Commission is strengthening and creating synergies between existing 
instruments and capacities in the different Commission services re sponsible for crisis 
management. Following the adoption of the Communication on Reinforcing the Union's 
Disaster Response Capacity280, the Commission is strengthe ning and creating synergies 
                                                 
277 COM(2004) 698 final. 
278 COM(2005) 662 final. 
279 COM(2008) 130 final. 
280 COM(2008) 130 final. 
 
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between existing instruments. 
3.5 
(c) Proposal creating a 
critical infrastructure warning information network (CIWIN) Commission 2005 
√ Achieved281 
The Commission proposal on a Critical Infras tructure Warning Information Network 
(CIWIN) was adopted by the Commission on 27 October 2008282.  
3.5 
(d) Plan on the protection of 
critical infrastructures Commission 2005 √ Achieved  
The Green Paper on a European Programme for Critical Infrastructure Protection (EPCIP) 
was adopted on 17 November 2005283. The Communication on a European Programme 
for Critical Infrastructure Protection (EPCIP) was presented on 12 December 2006284. 
The Council Directive on the identification and designa tion of European Critical 
Infrastructures and the assessment of the need  to improve their prot ection was adopted on 
8 December 2008285.  
3.6. GENERAL CRIME PREVENTION 
3.6 (a) Strengthening and 
professionalising of the prevention of crime, including through the Commission 2005 
√ Achieved286 
Throughout 2006 the Commission has worked to: 
                                                 
281 Achieved in 2008. 
282 COM(2008) 676 final. 
283 COM(2005) 576 final. 
284 COM(2006) 786 final. 
285 OJ L 345, 23.12.2008, p.75. 
286 Achieved in 2006. 
 
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European Crime 
Prevention Network - establish cooperation and consultation moda lities with other netw orks dealing with 
crime prevention matters; - help to increase the role of the EUCPN with regards to European general crime trends and statistics;  - assist with the creation subgroups also  at local level for the elaboration and 
dissemination of crime pr evention best practices; 
- co-ordinate promotion of a European mech anism for the evaluation of national crime 
prevention strategies; and - enhance co-operation with EUCPN on different crime prevention issues.  
3.6 
(b) Establishment of European 
instruments for collecting, analysing and comparing information on crime and victimisation and their respective trends in Member States, using national statistics and other sources of information as agreed indicators Commission  
√ Achieved287 
Since the establishment of the expert group on policy needs of data on crime and criminal 
justice in 2007, there has been considerable ac tivity namely to develop indicators in the 
areas of money-laundering, human traffickin g, and effectiveness of criminal justice 
systems. The preliminary collection of data based on identified money-laundering was 
initiated 2008, with additional wo rk to continue throughout 2009. 
The Commission has pursued the development of crime and criminal justice survey 
instruments and methodologies. Projects ongoing in this area include: the development of 
an EU crime victimisation survey; the deve lopment of a commercial crime survey; the 
development of a survey on the efficiency of  criminal justice; the development of a 
methodology to estimate the cost of crime;  the development of indicators on the 
confidence in justice; the fostering of clos er links between Just ice and Home Affairs 
administrations and the research community. 
                                                 
287 Partially achieved as works are still ongoing. 
 
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4. STRENGTHENING JUSTICE 
- See also Framework Programme "Fundamental Rights and Justice" under the new Financial Perspectives (2005)  
4. 
(a) Proposal for a decision 
establishing a specific programme on judicial cooperation in civil and commercial matters Commission 2005 
√ Achieved  
The proposal was adopted on 6 April 2005288. The Decision 1149/2007/EC establishing 
for the period 2007-2013 the Specif ic Programme ‘Civil Justice’  as part of the General 
Programme ‘Fundamental Rights and Jus tice’ was adopted on 25 September 2007289. 
4. 
(b) Proposal for a decision 
establishing a specific programme on judicial cooperation in criminal matters Commission 2005 
√ Achieved  
The proposal was adopted on 6 April 2005290. The Council Decision 2007/126/JHA 
establishing for the period 2007 to 2013, as  part of the General Programme on 
Fundamental Rights and Justice, the Specific  Programme ‘Criminal Justice’ was adopted 
on 12 February 2007291. 
4.1. CONFIDENCE-BUILDIN G AND MUTUAL TRUST 
4.1. 
(a) Systematic, objective and 
impartial evaluation of the implementation of the EU policies in the field of Commission 2006 • Delayed  
A systematic evaluation of the implementation of the EU policies in the field of justice is 
still not in place; however, several sector-based  evaluations have already been carried out. 
                                                 
288 COM(2005) 122 final. 
289 OJ L 257, 3.10.2007, p. 16. 
290 COM(2005) 122 final. 
291 OJ L 58, 24.2.2007, p. 13. 
 
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justice with a view to 
reinforcing mutual trust while fully respecting the independence of the judiciary  Moreover, a Commissi on Communication on the creation of  a Forum for discussing EU 
justice policies and practice has been adopted  on 4 February 2008
292. The Forum will 
gather together practitioners, academics and representatives of  justice administrations to 
provide the Commission with fe edback and input for the evaluation mechanism. On the 
basis of a Dutch initiative, the Commission or ganised in February a workshop in order to 
discuss the future establishment of  a rule-of-law assessment system.  
4.1. 
(b) Communication from the 
Commission on judicial training in EU (2005), development on the basis of the pilot project for the exchange of magistrates (2005) and of the preparatory action (2006)  Commission 2005 
√ Achieved293 
The Communication on judicial tr aining was adopted on 29 June 2006294. A Commission 
Decision on the preparatory ac tion to implement the excha nge programme for judicial 
authorities was adopted on 11 July 2006. Ex changes started in 2007 and involved 400 
judges and prosecutors. As of 2008,  Eurojust and the Court of Ju stice also participated in 
the exchanges. 
4.1. (c) Creation, from the existing 
structures, of an effective European training network for judicial authorities for both civil and criminal matters  Member 
States 2007 
√ Achieved  
The European Judicial Traini ng Network (EJTN) was set up in 2002 on the basis of an 
existing informal agreement and was formally established in 2006295. EJTN is mostly 
geared towards training of j udges and public prosecutors. 
In 2008, a Resolution of the Council and of th e Representatives of the Governments of 
                                                                                                                                                                                                                                           
292 COM(2008) 38 final. 
293 Achieved in 2006. 
294 COM(2006) 356 final. 
295 COM(2006) 356 final. 
 
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the Member States meeting within the Counc il on the training of judges, prosecutors and 
judicial staff in the European  Union was adopted in Council296. This resolution which was 
presented in July 2008 by the French Presidency  underlines the importance of training of 
judges and public prosecutors and asks th e Member States to support it actively. 
The Commission supports traini ng activities at European le vel through the civil and 
criminal justice financial programmes. These activities are set up either by European organisations of legal professi onals (notaries, lawyers, j udges, etc.) or by European 
organisations dedicated to judicial training su ch as ERA (Academy of European Law) or 
EJTN. Some projects regardi ng training of judges on specif ic aspects of the European 
legislation can also be found in  other financial programmes. 
4.1. 
(d) EU workshops to promote 
cooperation between members of the legal professions with a view to establishing best practices Commission 2006 
√ Achieved  
The workshops are organised on a regular basis by ERA and the EJTN. Furthermore, 
thematic meetings of the Justice Forum fac ilitate the exchange of  best practices among 
representatives of the organi sations gathering legal profes sionals from the EU Member 
States. Best practices are also promoted by th e Crystal Scales of Ju stice prize awarded on 
a biannual basis by the Commissi on and the Council of Europe. 
4.2. JUDICIAL COOPERATION IN CRIMINAL MATTERS 
- Pursuing the implementation of the mutual recognition principle 
4.2. 
(a) Communication on mutual 
recognition of decisions in criminal matters and Commission 2005 
√ Achieved  
The Communication on the mutual  recognition of judicial deci sions in criminal matters 
                                                                                                                                                                                                                                           
296 Council document 14667/08, p. 22. 
 
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reinforcement of mutual 
trust between Member States and the strengthening of mutual trust betw een Member States was adopted on 19 May 
2005
297. 
4.2. (b) White Paper on exchanges 
of information on convictions and the effect of such convictions in the EU Commission 2005 
√ Achieved  
The Commission adopted the White Paper on exchanges of information on convictions 
and the effect of such convictions in the European Union on 25 January 2005298. The 
White Paper was discussed at the JHA C ouncil meeting on 14 April 2005, which defined 
the way forward in this area.  
4.2. (c) Proposal on taking into 
account of convictions in the Member States of the European Union in the course of new criminal proceedings  Commission 2005 
√ Achieved  
The Commission presented a proposal fo r a Council Framework Decision on taking 
account of convictions in the Member States of  the European Union in the course of new 
criminal proceedings on 17 March 2005299. The Council Framework Decision 
2008/675/JHA was adopted on 24 July 2008300. 
4.2. (d) Proposal on the 
transmission to, and keeping by, the Member Commission 2005 
√ Achieved  
The Commission presented the proposal fo r a Council Framework Decision on the 
organisation and content of the exchange of information extracted from criminal records 
                                                                                                                                                                                                                                           
297 COM(2005) 195 final. 
298 COM(2005) 10 final. 
299 COM(2005) 91 final. 
300 OJ L 220, 15.8.2008, p. 32. 
301 COM(2005) 690 final. 
 
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State of nationality of 
information on criminal convictions between Member States on 22 December 2005
301. The Framework Decision 
2009/315/JHA on the organisation a nd content of the exchange of information extracted 
from the criminal record between Member States was adopted on of 26 February 2009302. 
4.2. 
(e) Communication on the 
creation of an index of non-EU nationals convicted in an EU Member State  Commission 2005 • Delayed 
On 4 July 2006, the Commission adopted a Work ing Document on the feasibility of an 
index of third-country nationals convicted in  the European Union
303. Following an 
orientation debate held in March 2008 at  the Council, the Commission will further 
examine the practical aspects of such an i ndex, including the types of data it should 
contain and the related cost implications . A study was launched in March 2009 on this 
subject and the results will in form a legislative proposal. 
4.2. 
(f) Initiative on the European 
Enforcement Order and the transfer of sentenced persons between Member States of the EU  Member 
States 2005 
√ Achieved  
The joint initiative from Aust ria, Finland and Sweden for a Council Framework Decision 
on the application of the principle of mutual recognition to judgments in criminal matters 
imposing custodial sentences or measures invol ving deprivation of liberty for the purpose 
of their enforcement in the EU was submitted on 19 January 2005304. The Council 
                                                                                                                                                                                                                                           
302 OJ L 93, 7.4.2009 , p. 23.  
303 COM(2006) 359 final. 
304 OJ C 150, 21.6.2005, p.1. 
305 OJ L 327, 5.12.2008, p. 27. 
 
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Framework Decision 2008/909/JHA was adopted on 27 November 2008305. 
4.2. 
(g) Proposal on mutual 
recognition of non-custodial pre-trial supervision measures Commission 2005 
√ Achieved306 
The Commission adopted the proposal on 29 August 2006307. The Council reached a 
political agreement on 27 November 2008.  
4.2. (h) Communication on 
disqualification Commission 2005 
√ Achieved308 
The Commission adopted a Comm unication on "Disqualifications  arising from criminal 
convictions in the European Union" on 21 February 2006309. However, the area of 
disqualification is not covered by any inst rument based on the principle of mutual 
recognition. 
4.2. (i) Reports on the 
implementation of the Framework Decision on the European arrest warrant and the surrender procedures between Member States Commission
/Council 2005-2006 
√ Achieved310 
The first report on implementation by 24 Memb er States was adopted on 23 February 
2005311. A revised version to include It aly was adopted on 26 January 2006312. The 
second report on the implemen tation of the Framework Deci sion was adopted on 11 July 
2007313. 
                                                 
306 Achieved in 2006. 
307 COM(2006) 468 final. 
308 Achieved in 2006. 
309 COM(2006) 73 final. 
310 Second report presented in 2007. 
311 COM(2005) 63 final. 
312 COM(2006) 8 final. 
 
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4.2. 
(j) Initiative on the 
recognition and enforcement in the European Union of prohibitions arising from convictions for sexual offences committed against children  Member 
States 2005 
√ Achieved  
Belgium presented an initiativ e with a view to adopting Council Framework Decision on 
the recognition and enforcement of prohibi tions arising from convictions for sexual 
offences committed against children in October 2004314. 
The Belgian initiative was incorporated into the Framework Decision on the organisation 
and the content of exchange of informati on extracted from Criminal Records between 
Member States, proposed by the Commission (see point 4.2 (d)). 
4.2. 
(k) Proposal on driving 
disqualifications Commission 2006 • Postponed 
The area of driving disqualification is not yet covered by an instrument based on the 
principle of mutual recognition, as priori ty has been given to the adoption and 
implementation of other instru ments of mutual recognition. 
4.2. 
(l) Report on the 
implementation of the framework decision of 22 July 2003 on the execution in the EU of orders freezing property or Commission 2006 
√ Achieved316 
The report based on Article 14 of the Council Framewor k Decision 2003/577/JHA on the 
execution in the European Union of orders freezing property or evidence was adopted on 
25 December 2008317. 
                                                                                                                                                                                                                                           
313 COM(2007) 407 final. 
314 OJ C 295, 7.12.2007, p. 18. 
315 Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence, OJ L 196, 2.8.2003, p. 
45. 
 
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evidence315 
4.2. 
(m) Report on the 
implementation of the framework decision on the application of the principle of mutual recognition to financial penalties Commission 2007 
√ Achieved318 
The report from the Commission based on Arti cle 20 of the Council Framework Decision 
2005/214/JHA on the application of the princi ple of mutual recognition to financial 
penalties was adopted on 22 December 2008319. 
4.2. (n) Proposal on recognition 
and execution of alternative sanctions and on suspended sentences Commission 2007 
√ Achieved  
The joint Franco-German initiative with a view to adopting a Council Framework 
Decision on the recognition and s upervision of suspended sent ences, alternative sanctions 
and conditional sentences320 was presented on 12 January 2007. The Framework Decision 
2008/947/JHA on the recognition of  judgments and probation deci sions with a view to the 
supervision of probation measur es and alternative sanctions was adopted in November 
2008321. 
4.2. 
(o) Proposal completing the 
European Evidence Warrant Commission 2007 • Delayed 
The need for this measure is under review. The Commission is planning to issue a Green 
Paper on the matter.  
                                                                                                                                                                                                                                           
316 Achieved in 2008. 
317 COM(2008) 885 final. 
318 Achieved in 2008. 
319 COM(2008) 888 final. 
320 OJ C 147, 30.6.2007, p. 1. 
321 OJ L 337, 16.12.2008, p. 102. 
 
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- Approximation 
4.2. 
(a) Green Paper on Conflicts 
of Jurisdiction and Double Jeopardy ( ne bis in idem ) Commission 2005 
√ Achieved  
The Green Paper was adopted on 23 December 2005322. See also point 4.2(e) below.  
4.2. 
(b) Green Paper on 
presumption of innocence Commission 2005 √ Achieved323 
The Commission adopted the Green Paper on 26 April 2006324. 
4.2. 
(c) Second and third report on 
the implementation of the framework decision of 15 March 2001 on the standing of victims in criminal proceedings Commission 2005 
√ Achieved325 
The joint second and third repor t was adopted on 20 April 2009326. 
4.2. 
(d) Third report on the 
framework decision of 15 March 2001 on the standing of victims in criminal proceedings Commission 2006 
√ Achieved327 
Refer to 4.2 (c) above. 
                                                 
322 COM(2005) 696 final. 
323 Achieved in 2006. 
324 COM(2006) 174 final. 
325 Achieved in 2009. 
326 COM(2009) 166 final. 
 
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4.2. 
(e) Proposal on conflicts of 
jurisdiction and the ne bis in idem principle Commission 2006 • Not relevant anymore 
This proposal has been superseded by the Cz ech initiative presented in January 2009 in 
view of the adoption of a Framework Decision
328.  
4.2. (f) Green Paper on handling of 
evidence Commission 2006 • Delayed  
The adoption of the Green Paper is foreseen in 2009. 
4.2. 
(g) Green Paper on default (in 
absentia) judgments Commission 2006 • Not relevant anymore 
This measure has been superseded by an in itiative presented in 2008 by 7 Member States 
with a view to adopting a Council Framewor k Decision on the enforcement of decisions 
rendered in absentia329. 
4.2. (h) Proposal on minimum 
standards relating to the taking of evidence with a view to mutual Commission 2007 • Delayed 
The need for this measure is under review . The Commission intend s to introduce in 2010 
a proposal for a European Evidence Warrant II but it has not yet been decided whether it 
                                                                                                                                                                                                                                           
327 Achieved in 2009. 
328 Initiative of the Czech Republic, the Repub lic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden for a Council Framework 
Decision 2009/…/JHA on prevention and settlement of conflicts of  jurisdiction in criminal proceedings, OJ C 39, 18.2.2009, p. 2 . 
329 Initiative of the Republic of Slovenia, th e French Republic, the Czech Re public, the Kingdom of Swed en, the Slovak Republic, t he United Kingdom and the Federal 
Republic of Germany with a view to adopting a Council Framework Decision 2008/…/JHA on the enforcement of decisions rendered in  absentia and amending 
Framework Decision 2002/584/JHA on the Euro pean arrest warrant and the surrender proc edures between Member States, Framework De cision 2005/214/JHA on 
the application of the principle of mutual recognition to fina ncial penalties, Framework Decision 2006/783/JHA on the applicati on of the principle of mutual 
recognition to confiscation orders, and Framework Decision 2008/…/J HA on the application of the principle of mutual recognition  to judgments in criminal matters 
imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, OJ C 52, 26.2.2008, p. 1.  
 
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admissibility shall include standards relati ng to the taking of evidence.  
4.2. 
(i) Proposal on default (in 
absentia) judgments Commission 2007 √ Achieved  
Refer to 4.2 (g) above.  
4.2. 
(j) Follow-up to the Green 
Paper on the approximation of criminal sanctions and, where 
appropriate, legislative 
proposal Commission 2008 
√ Achieved  
On the basis of the joint Austrian-Finnish -Swedish initiative, the Council Framework 
Decision 2008/909/JHA on the application of th e principle of mutu al recognition to 
judgments in criminal matters imposing cu stodial sentences or measures involving 
deprivation of liberty for th e purpose of their enforcement in the European Union was 
adopted on 27 November 2008330. 
The joint Franco-German initiative with a view to adopting a Council Framework 
Decision on the recognition and s upervision of suspended sent ences, alternative sanctions 
and conditional sentences331 was presented on 12 January 2007 and formally adopted on 
27 November 2008.  
4.2. 
(k) Analysis of minimum 
standards in pre-trial detention procedures and the routines for regular review of the grounds for detention Commission 2007 • Postponed 2008 
A study has been launched on the matte r. Results will be ready in 2009.  
                                                 
330 OJ L 327, 5.12.2008, p. 27. 
331 OJ C 147, 30.6.2007, p. 1. 
 
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- Other instruments in the field of judicial coopera tion in criminal matters 
4.2. 
(a) Recommendation on 
minimum standards for capturing and exchanging electronic evidence  Commission 2006 • Delayed   
The need for this measure is under review. 
4.2. 
(b) Proposal on the wilful 
destruction of documentary 
evidence Commission 2007 • Delayed 
The need for this measure is under review.  
4.2. 
(c) Proposal on the protection 
of witnesses and collaborators with justice Commission 2007 • Not relevant anymore 
On the basis of the results of an impact assessment carried out in 2007
332, the proposal on 
the protection of witnesses and colla borators with justice was not tabled,  since it was 
considered that at present it is not advisabl e to proceed with legi slation at EU level.  
4.2. 
(d) Initiative to facilitate the 
prosecution of road traffic offences Commission
/Council 2005 
√ Achieved  
On 19 March 2008, the Commission adopted a proposal for a Directive facilitating cross-
border enforcement in the field of road safety333.  
4.2. 
(e) Evaluation of the 
efficiency of specialised judicial bodies for dealing Commission 2009 • Delayed 
                                                 
332 COM(2007) 693 final. 
333 COM(2008) 151 final. 
 
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body Deadline State of play 
with the investigation of 
cases linked to organised crime 
4.2. (f) Further development of the 
European Judicial Network in criminal matters  Commission Ongoing √ Achieved 
On the basis of the initiative for a Counc il Decision on the European Judicial Network 
presented by 14 Member States in January 2008
334, the Council Decision 2008/976/JHA 
was adopted on 16 December 2008335.  
- Eurojust 
4.2. (g) Second report on the legal 
transposition of the Council Decision of 28 February 2002 setting up Eurojust Commission 2005 
√ Achieved336 
The report was included in the Communication on the future of Eurojust adopted on 23 
October 2007337. 
4.2. (h) Proposal on Eurojust in 
accordance with Article III — 273  Commission To enter 
into force no later than 1 January • Achieved
338 
This proposal has been superseded  by a Member States' initiative339 that led to the 
adoption of the new Eurojust Deci sion by the Council on 16 December 2008340. 
                                                 
334 Initiative of the Republic of Slovenia, th e French Republic, the Czech Republic, the Kingdom of Sweden, th e Kingdom of Spain, the Kingdom of Belgium, the 
Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, t he Republic of Estonia, the 
Republic of Austria and the Portuguese Republic, with a view to adopting a Council Decision of … on the European Judicial Netwo rk, OJ C 54, 27.2.2008, p. 14. 
335 OJ L 348, 24.12.2008, p. 130. 
336 Achieved in 2007. 
337 COM(2007) 644 final. 
 
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2008 
- International Legal Order 
4.2. 
(i) Active involvement of the 
activities of the Council of Europe and other international organisations and forums (G8, UN, 
OECD, OSCE, FATF) in 
criminal matters Commission
/Council 2005-2009 
√ Achieved  
Commission and Council representatives re gularly attend meetings organised by 
international bodies in this area. 
4.2. (j) Examination of the case for 
agreements between the EU and third countries on extradition  Commission
/Council 2005-2009 • Ongoing 
An agreement is being discussed with Liechtenstein. 
4.2. 
(k) Examination of the case for 
agreements between the EU and third countries on mutual legal assistance Commission
/Council 2005-2009 • Ongoing 
Discussions are under way with various countries. An agreement is on the verge of being 
concluded with Norway and Iceland. 
                                                                                                                                                                                                                                           
338 Achieved in 2009. 
339 Initiative of the Kingdom of Belg ium, the Czech Republic, the Repu blic of Estonia, the Kingdom of Spain, the French Republic, the Italian Republic, the Grand 
Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic  of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the 
Slovak Republic and the Kingdom of Sweden with a view to adopting a Council Decision of … on the strengthening of Eurojust and amending Decision 
2002/187/JHA, OJ C 54, 27.2.2008, p. 4. 
340 Not yet published on the Official Journal. 
 
EN - 107 -   EN No Action under the Action 
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4.2. 
(l) Proposal on the conclusion 
and on the signature of the Council of Europe Convention against money laundering and terrorist financing (Warsaw Convention) on behalf of the EC Commission
/Council 2005/2006 • Achieved
341 
The proposal was adopted by th e Council in December 2008.  
4.2. 
(m) Inclusion of provisions on 
counter-terrorist assistance in proposed revision of existing instruments governing external assistance Commission 2006 
√ Achieved  
In March, 2004 the European Council asked the Commission “to mainstream counter-
terrorism objectives into external assist ance programmes.” The Commission has been 
working with country and regional desks in order to introduce counter-terrorism 
objectives into country and regi onal strategy papers and action plans. The result has so far 
been mixed: the number of occurrences of C ounter-Terrorism related objectives in such 
texts has increased but its presence is not yet systematic  
4.2. (n) Proposal on conclusion of 
the United Nations Convention against Corruption on behalf of the EC Commission 2006 
√ Achieved  
The proposal for a Council Decision on the conclusion, on behalf of the European 
Community, of the United Nations Conventi on against Corruption was presented on 2 
February 2006342. The Council Decision 2008/801/EC was adopted on of 25 September 
2008343. 
                                                 
341 Achieved in 2008. 
342 COM(2006) 82 final. 
343 OJ L 287, 29.10.2008, p. 1. 
 
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4.2. 
(o) Proposal on conclusion of 
the United Nations Protocol against the illicit manufacturing of the trafficking in firearms, their parts and components, and ammunition on behalf of the EC Commission 2007 • Delayed 
This action needs to await the implementati on of relevant EC le gislation, notably the 
Directive 91/477 and the Regulation on an export/import licensing system.  
4.3. JUDICIAL COOPERATION IN CIVIL MATTERS 
- Mutual recognition of decisions and elimination of  obstacles to the proper functioning of proceedings 
4.3. 
(a) Green Paper on succession  Commission 2005 √ Achieved  
The Commission adopted the Green Paper on 1 March 2005344. Public consultation was 
concluded on 30 September 2005 (more than 60 answers were received). 
4.3. 
(b) Green Paper on conflicts of 
laws and jurisdiction on divorce matters (Rome III) Commission 2005 
√ Achieved  
The Commission adopted the Green Paper on 14 March 2005345, which drew more than 
60 answers. 
4.3. (c) Proposal on conflicts of 
laws regarding contractual Commission 2005 
√ Achieved  
The Commission presented a proposal for a regulation on the law applicable to 
                                                 
344 COM(2005) 65 final. 
345 COM(2005) 82 final. 
 
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obligations (Rome I)  contractual obligations (Rome I) on 15 December 2005346. The Regulation (EC) 
No 593/2008 was adopted on 17 June 2008347. 
4.3. (d) Proposal on small claims  Commission 2005 
√ Achieved  
The Commission presented a proposal for a regulation establishing a European Small 
Claims Procedure on 15 March 2005348. The Regulation (EC) No 861/2007 was adopted 
on 11 July 2007349. 
4.3. 
(e) Proposals on maintenance 
obligations Commission 2005 √ Achieved  
The Commission presented a proposal for a Council Regulation on jurisdiction, 
applicable law, recognition and enforcemen t of decisions and cooperation in matters 
relating to maintenance ob ligations on 15 December 2005350. The Council Regulation 
(EC) No 4/2009 was adopted on 18 December 2008351. 
4.3. (f) Adoption of the Rome II 
proposal on conflicts of laws regarding non-contractual obligations Council/Eur
opean 
Parliament 2006 
√ Achieved352 
Regulation (EC) N° 864/2007 on the law applicab le to non-contractual obligations (Rome 
II) was adopted on 11 July 2007353. 
                                                                                                                                                                                                                                           
346 COM(2005) 650 final. 
347 OJ L 177, 4.7.2008, p. 6. 
348 COM(2005) 87 final. 
349 OJ L 199, 31.7.2007, p. 1. 
350 COM(2005) 649 final. 
351 OJ L 7, 10.1.2009, p. 1. 
352 Achieved in 2007. 
353 OJ L 199, 31.7.2007, p. 40. 
 
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4.3. 
(g) Adoption of a regulation 
establishing a European payment order procedure Council/Eur
opean 
Parliament 2006 
√ Achieved  
Regulation (EC) N° 1896/2006 creating a European order for payment procedure was 
adopted on 12.12.2006354. 
4.3. (h) Adoption of a directive on 
certain aspects of mediation in civil and commercial matters Council/Eur
opean 
Parliament 2006 
√ Achieved355 
Directive 2008/52/EC on certain  aspects of mediation in civil and commercial matters 
was adopted on 21 May 2008356. 
4.3. (i) Green Paper on the conflict 
of laws in matters concerning matrimonial property regimes, including the question of jurisdiction & mutual recognition  Commission 2006 
√ Achieved  
The Green Paper was adopted on 17 July 2006357. 
4.3. 
(j) Green Paper(s) on the 
effective enforcement of judicial decisions  Commission 2006 to 
2007 √ Achieved358 
On 24 October 2006, the Commission adopted a Green Paper on Improving the efficiency 
of the enforcement of judgements in the European Union: the attachment of bank accounts
359. The second Green Paper "effective enforcement of judgments in the 
European Union: the transparency of debtors' assets" was  adopted on the 6 March 
                                                 
354 OJ L 399, 30.12.2006, p. 1. 
355 Achieved in 2008. 
356 OJ L 136, 24.5.2008, p. 3. 
357 COM(2006) 400 final. 
 
EN - 111 -   EN No Action under the Action 
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2008360. 
4.3. 
(k) Green Paper on minimum 
standards for certain aspects of procedural law Commission 2008 • Delayed 
The need for this measure is under review. The Commission will launch a study to define 
the needs as regards minimum standards for ce rtain aspects of proc edural law in more 
detail in 2009.  
4.3. (l) Evaluation of the 
possibility of completing the abolition of exequatur (2006 to 2010), and legislative proposals if appropriate Commission 2006 to 
2010 
Ongoing  
After the publication of the preparatory st udy on the report on the application of the 
Brussels I Regulation in September 2007361, a report362 and a Green paper363 on the 
review of the Regulation were  adopted in 2009. A proposal for the revision of the 
Brussels I regulation is exp ected to be presented in 2010. 
4.3. 
(m) Proposal for amending 
Regulation (EC) No 1348/2000 on the service in the Member States of judicial and extrajudicial Commission 2005 
√ Achieved  
The Commission presented a proposal for a Regulation amending the Council Regulation 
(EC) No 1348/2000 on 11 July 2005364. The Regulation (EC) No 1393/2007 on the 
service in the Member States of judicial  and extrajudicial documents in civil or 
commercial matters (service of documents),  and repealing Council Regulation (EC) 
                                                                                                                                                                                                                                           
358 The second Green Paper on the effective enforcem ent of judicial decisions was delayed to 2008. 
359 COM(2006) 618 final. 
360 COM(2008) 128 final. 
361 http://ec.europa.eu/justice_home/doc_centre/civil/s tudies/doc/study_application_brussels_1_en.pdf. 
362 COM(2009) 174 final. 
363 COM(2009) 175 final 
364 COM(2005) 305 final. 
365 OJ L 324, 10.12.2007, p. 79. 
 
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documents in civil or 
commercial matters No 1348/2000, was adopted on 13 November 2007365. 
- Enhancing cooperation 
4.3. 
(n) Report on the functioning 
of the European Judicial Network (EJN) in civil and commercial matters and 
amendment proposal, if 
appropriate Commission 2005/2006 
√ Achieved366 
The report on the functioning of the EJN was adopted on 16 May 2006367. Based on this 
report, the Commission presen ted a proposal for a Decisi on amending Council Decision 
2001/470/EC establishing a European Judicial Network in civil a nd commercial matters 
on 23 June 2008368. 
4.3. 
(o) Continued development of 
the European Judicial Network in civil matters and of the databases on case-law relating to European instruments Commission Continuous √ Achieved 
Meetings of the EJN takes pl ace regularly. The Internet si te is updated continuously. A 
database on the Brussels I and Brussels II Regulations has been put on line in February 2008. 
4.3. (p) 
 Constant updating and 
improvement of the European Judicial Atlas Commission Continuous √ Achieved 
New contract for maintenance of the Atlas was signed in 2008. The website is updated 
continuously. 
                                                 
366 Achieved in 2007. 
367 COM(2006) 203 final. 
368 COM(2008) 380 final. 
 
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4.3. 
(q) EU support for networks of 
judicial organisations and institutions Commission Continuous • Ongoing 
Contacts and collaboration are being maintain ed with different networks (European 
Training Network, Network of  Presidents of the Supreme Courts, International 
Conference of Civil Status, European Union of Rechtspfleger). Furthermore, contacts 
with organisations involved in designing ju stice policies and evaluating them are assured 
involvement via the thematic meet ings of the Justice Forum.  
4.3. 
(r) EU workshops to promote 
cooperation between 
members of the legal 
professions with a view to identifying best practice Commission 2006 √ Achieved
369  
The late adoption of the fina ncial programme Civil Justice and of the relevant Work 
Programme has prevented the Commission from  organizing these workshops. However, 
thematic meetings of the Justice Forum fac ilitate the exchange of  best practices among 
representatives of the organi sations gathering legal profes sionals from the EU Member 
States. Best practices are also promoted by th e Crystal Scales of Ju stice prize awarded on 
a biannual basis by the Commissi on and the Council of Europe. 
4.3. 
(s) Annual European day of 
civil justice Commission
/Council of Europe Continuous 
√ Achieved  
In 2003 the European Commission and the Co uncil of Europe launched the “European 
Civil Justice Day”, held on 25 October each ye ar, to bring civil justice truly within the 
reach of European citizens. It is an opportuni ty for citizens to familiarise themselves with 
civil justice, thereby affording them easier access to it. The Commission participates in different events all over Europe. Furthermore,  civil justice is promoted by the Crystal 
Scales of Justice prize.  
                                                 
369 Partially achieved. 
 
EN - 114 -   EN No Action under the Action 
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- Follow-up of the implementation of acts adopted  
4.3 
(t) Report on he functioning 
of regulation (EC) No 1206/2001 on the taking of evidence and amendment proposal, if appropriate  Commission 2007 
√ Achieved  
The report was adopted on 5 December 2007370. 
4.3. 
(u) Report on the functioning 
of the Brussels I 
Regulation and amendment proposal, if appropriate  Commission 2009 at the 
latest √ Achieved  
The report was adopted in April 2009371. 
4.3. 
(v) Report on the functioning 
of Directive 2004/80/EC relating to compensation to crime victims Commission By 2009 
√ Achieved  
The report was adopted in April 2009372. 
 - Ensure consistency 
4.3. 
(w) Final research report 
including a draft common frame of reference in the field of European contract Commission 2007 
√ Achieved  
The Common Frame of Reference (CFR) work on consumer contract law issues has, 
together with the results of other preparat ory work, served as a starting point for the 
                                                 
370 COM(2007) 769 final. 
371 COM(2009) 174 final. 
372 COM(2009) 170 final. 
 
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law Green Paper on the review of the consumer acquis  that the Commission adopted on 7 
February 2007373 and further for the Commission Pr oposal for Directive on Consumer 
Rights adopted on 8 October 2008374. 
In December 2007, the Draft CFR prepared by the Study Group on a European Civil 
Code and the Research Group on EC Private Law (Acquis Group) was delivered to the 
Commission. On 21 January 2008, it was presen ted in the European Parliament. On 
December 2008, the researchers delivered the fi nal version of the academic CFR to the 
Commission375. 
4.3. (w) Adoption of a common 
frame of reference (CFR) in the field of European contract law Commission 2009 • Delayed 
The work on the Commission CFR is currently at the stage of assessment of the results 
delivered by the academic research group. The Commission is committed in informal consultations with the Council and the Europe an Parliament during 2009 before finalising 
the Commission CFR, envisa ged to be adopted in 2010. 
- International legal order 
4.3. 
(a) Proposal for the conclusion 
of a new Lugano Convention Commission 2005 
√ Achieved376 
The proposal concerning the signing of the Convention betw een the European 
Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation, and the Kingdom of Denmark on jurisdiction and the recognition and 
                                                                                                                                                                                                                                           
373 OJ C 71, 15.3.2007, p. 1. 
374 COM(2008) 614 final. 
375 "Draft Common Frame of Reference (DCFR). Principles, Definitions and model Rules of European Private Law", April 2009. 
376 Achieved in 2007. 
 
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enforcement of judgments in civil and commercial matters was presented by the 
Commission on 6 July 2007377.The Council Decision 2007/7 12/EC on the signing, on 
behalf of the Community, of the Conven tion on jurisdiction and the recognition and 
enforcement of judgments in civil and commercial matters was adopted on of 15 October 2007
378. Furthermore, on the basis of the Co mmission proposal of February 2008, the 
Council decided to ratify the new Lugano Convention on 28 November 2008. 
4.3. 
(b) Proposal for the conclusion 
of parallel agreements with Denmark on Brussels I and service of documents Commission 2005 
√ Achieved  
The Commission presented a proposal for a decision regarding Brussels I on 15 April 
2005379 and a proposal for a decision regarding service of documents on 18 April 
2005380.The Council Decision 2005/790/EC on the signing, on behalf of the Community, 
of the Agreement between the European Community and the Ki ngdom of Denmark on 
jurisdiction and the recognition and enforcem ent of judgments in civil and commercial 
matters was adopted on of 20 September 2005381. 
The Council Decision 2005/794/EC on the signi ng, on behalf of the Community, of the 
Agreement between the European Commun ity and the Kingdom of Denmark on the 
service of judicial and extrajudicial docum ents in civil or commercial matters was 
adopted on 20 September 2005382. 
4.3. Conclusion of negotiations Commission 2005 √ Achieved  
                                                                                                                                                                                                                                           
377 COM(2007) 387 final. 
378 OJ L 339, 21.12.2007, p. 1.  
379 COM(2005) 145 final. 
380 COM(2005) 146 final. 
381 OJ L 299, 16.11.2005, p. 61. 
382 OJ L 300, 17.11.2005, p. 53. 
 
EN - 117 -   EN No Action under the Action 
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(c) on the Convention on the 
choice of forum Negotiations were concluded in June 2005. On 5 September 2008, the Commission 
presented a proposal for a Council Decision on the signing by the European Community 
of the Convention on Choice-of-Court Agreements383. The Council adopted the decision 
on 27 February 2009. 
4.3. (d) Accession of the 
Community to the Hague Conference on private international law  2006 
√ Achieved  
On 5 October 2006, the Council adopted the Decision 2006/719/EC on the accession of 
the Community to the Hague Conference on Private International Law384. Formal 
accession took place on 3 April 2007. 
4.3. (e) Conclusion of negotiations 
on the Convention on maintenance obligations Commission 2007 
√ Achieved  
The XXI Plenary (Diplomatic) Session of the Hague Conference on Private International 
Law met from the 5-22 November 2007. The main  agenda points of the Conference were 
the finalization of the negotia tions of two international in struments, the "Convention on 
the International Recovery of  Child Support" and "Other Fo rms of Family Maintenance 
and the Protocol on the Law A pplicable to Maintenance Obligations". The compromise 
worked out in the negotiations on both texts can be assessed as reasonable and 
consequently the Community can be satisfied  with the results. The European Community 
was participating at this Diplomatic session for the first time in its capacity as a Member of the Conference. 
- Convention on the international recovery of  child support and other forms of family 
maintenance (concluded 23 November 2007) 
                                                                                                                                                                                                                                           
383 COM(2008) 538 final. 
384 OJ L 297, 26.10.2006, p. 1. 
 
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- Protocol on the law applicable to main tenance obligations (concluded 23 November 
2007) 
4.3. (f) Ratification of the 1996 
Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children Commission  
√ Achieved  
On the basis of the Commission propos al of 2003, the Council adopted Decision 
2008/431/EC authorising certain Member States to  ratify, or accede to, in the interest of 
the European Community, the 1996 Hague Conve ntion on Jurisdicti on, Applicable Law, 
Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children and au thorising certain Member States to make a 
declaration on the application of  the relevant internal rule s of Community law on 5 June 
2008
385. This enables all the Member St ates to ratify the 1996 Convention. 
4.3. 
(g) Continuation of 
negotiations and conclusion of international agreements relating to judicial cooperation in civil matters. Commission  Besides the above-men tioned conventions and agreements , various actions have been 
accomplished: 
1) On 11 August 2008, the Commission presen ted an amended proposal for a Council 
Decision on the conclusion by the Eur opean Community of the Convention on 
International Interests in Mobile Equipment and its Protocol on matters specific to aircraft 
equipment, adopted jointly in Cape Town on 16 November 2001
386.  
2) This was followed by the Commission proposal of 2 March 2009 for a Council 
Decision on the signing by the European Comm unity of the Protocol to the Convention 
                                                 
385 OJ L 151, 11.6.2008, p. 36. 
386 COM(2008) 508 final. 
 
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on International Interests in Mobile Equi pment on Matters Specific to Railway Rolling 
Stock, adopted in Luxembourg on 23 February 2007387. 
3) On 19 December 2008, the Commission pr oposed two Regulations establishing a 
procedure to authorize the Member States to conclude bilateral agreements with third States in certain areas of civil justice where exclusive external competence of the Community exists
388.  
 
                                                                                                                                                                                                                                           
387 COM(2009) 94 final. 
388 COM(2008) 893 final and COM(2008) 894 final.