EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 12.10.2005 
COM(2005) 491 final 
  
COMMUNICATION FROM THE COMMISSION 
A STRATEGY ON THE EXTERNAL DIMENS ION OF THE AREA OF FREEDOM, 
SECURITY AND JUSTICE 
 
EN 2   EN TABLE OF CONTENTS 
I. INTRODUCTION........................................................................................................ 3 
II. CHALLENGES............................................................................................................ 3 III. OBJECTIVES .............................................................................................................. 4 IV. ISSUES ..................................................................................................................... ... 6 
V. PRINCIPLES ............................................................................................................... 6 VI. POLICY INSTRUMENTS .......................................................................................... 7 VII. GEOGRAPHIC EXAMPLES  OF THE WAY AHEAD ............................................. 9 
VIII. NEXT STEPS............................................................................................................. 10  
 
EN 3   EN I. INTRODUCTION 
Building on the Hague Programme on “Strengthe ning Freedom, Security and Justice in the 
European Union”1, the European Council of 16-17 June 2005 stated that: 
Given the growing importance of the external dime nsion of the area of freedom, security and 
justice, [the Action Plan implementing the H ague Programme] will be supplemented at the 
end of the year by the strategy to be adopted  by the Council on a prop osal from the SG/HR 
and the Commission. 
The projection of the values underpinning the area of freedom, security a nd justice is essential 
in order to safeguard the internal security of  the EU. Menaces such as terrorism, organised 
crime and drug trafficking also originate outside th e EU. It is thus crucia l that the EU develop 
a strategy to engage  with third countries worldwide. 
This Communication will outline the main exte rnal challenges facing the area of freedom, 
security and justice identify the objectives of the EU’s external actions in this field, identify 
the issues to be addressed worldwide, the instru ments at the EU’s disposal and the principles 
for selecting appropriate actions, outline how the strategy could be applied by geographic area 
and make some recommendations to fac ilitate implementation of the strategy.  
II. CHALLENGES   
At Feira in June 2000, the Europ ean Council agreed a pr ogramme of priorities, objectives and 
measures to develop the external dimension of justice, freedom and security policies. Five 
years later, a wide range of ex ternal activities with a growi ng number of third countries and 
regions have already been developed which cont ribute to the strength ening of the area of 
freedom, security and justice.  
Since 2000, policies within the EU’s area of freedom, security and justice have matured 
considerably and evolved to meet the concerns and needs of European citizens. As a result, 
the acquis  has developed significantly through the adoption of legislation on migration and 
asylum, border management and visas, the figh t against organised crime and terrorism, drugs, 
police and law enforcement cooperation, corrupti on, data protection, and judicial cooperation 
in criminal and civil matters. This acquis  provides a broad basis for cooperating with third 
countries.  
The external dimension of the area of freedom, security and justice is developing to address 
the principal external challenges, namely:  
• Terrorist attacks, such as those on 11 September 2001, 11 March 2004 and 7 July 2005, 
have led to an increased international commitment to combat terrorism,  as exemplified by 
the EU’s decision on 13 July 2005 to accelera te implementation of the Action Plan on 
Combating Terrorism2. The EU is reaching out to third countries, regional and 
international organisations to develop and deepen coope ration to combat terrorism. 
                                                 
1 Adopted by the European Council of 4-5 November 2004. 
2 Council Decision of 13 July 2005. 
 
EN 4   EN • The ever-growing sophistication in organised crime , including money laundering and other 
financial crimes, and cross-border trafficki ng in drugs, persons and arms can only be 
countered through improved law enforcement a nd judicial cooperation, both within the EU 
and externally, and through support for capacity-building in third countries. 
• Illegal immigration  is set to continue, confronting the EU with the need to elaborate a 
comprehensive approach. It must  address not only issues su ch as admission and reception, 
but also the root causes of im migration and its impact on countri es of origin and transit.  
• The failure of institutions , such as the judiciary and law en forcement bodies, in weak states 
and troublespots throughout th e world creates a vacuum which can be exploited by 
organised crime. The EU is supporting the tr ansformation of weak or non-existent law 
enforcement institutions in certain third countries into properly-functioning bodies. 
• The need for legal certainty and predictability in  relation to cross-border  transactions in an 
increasingly global economy. These challenges have the potential to facilitate the situation 
of businesses and citizens in Europe and significantly to improve the protection of children worldwide. 
III. OBJECTIVES 
The purpose of this Communication is to demonstrate how the external dimension of justice 
and home affairs contributes to the establis hment of the internal area of freedom, 
security and justice and at the same time supports the po litical objectives of the 
European Union’s external relations,  including sharing and pr omoting the values of 
freedom, security and justice in third coun tries. Although the in struments covering the 
external aspects of the EU’s po licies on freedom, justice and secu rity are in place, the EU is 
for the first time organising them around defined principles and guide lines into a strategy. 
This strategy must form an inte gral part of the EU’s external relations policy but within it, the 
justice, freedom and security aspects should be reinforced. On ly by following clearly defined 
principles and priorities, and by working systematically towards the objectives set out below, 
can the EU efficiently a ssist third countries in responding to  growing challenges and thus to 
fulfil their expectations. 
Freedom, security and justice issues lie at the heart of maintaining international stability and 
security both outside and inside  the European Union. The promo tion of free movement within 
the EU, generally more open borders and incr eased global integration have added a new 
dimension to international coope ration. Efficient border management is vital to fight threats 
such as terrorism and organised crime, while  also contributing to good relations between 
neighbouring states. Independent an d efficient judiciaries are i ndispensable to uphold the rule 
of law and to ensure the protec tion of human rights; co-operati on between judiciaries is vital 
both to facilitate international business transac tions and to ensure that criminal suspects 
cannot remain beyond the reach of  justice. Fully-func tioning asylum systems are necessary to 
ensure protection for refugees no matter where they may be in the world. Efficient and effective police forces, which can cooperate with  their counterparts in other countries, are 
essential to combat all forms of terrorism a nd organised crime and to ensure security for 
citizens in their daily lives. To achieve th ese objectives requires hard work, time and 
concerted efforts both by the Commission and th e Council. It is important that the EU 
develops initiatives and proposes solutions to th e ever growing number of challenges in this 
area. 
 
EN 5   EN Fostering the rule of law externally through c ooperation is essential to reinforce the area of 
freedom, security and justice internally. Ther e is a general recogniti on that internal and 
external aspects of EU security are intrin sically linked. Societies based on common values 
such as good governance, democracy, the rule of  law and respect for human rights will be 
more effective in preventing domestic threats to their own security as well as more able and 
willing to cooperate against common internationa l threats. Moreover, these principles have 
also been identified by the international co mmunity as critical f actors in reaching the 
Millennium Development Goals. Development, security and human rights reinforce each other; strengthening the rule of  law – both domestically and in ternationally - is not only an 
end in itself but essential for sustainable development and must  be pursued through external 
actions.  
Within its borders, the EU has developed a wi de-ranging framework for regulating the area of 
freedom, security and justice. While structures  naturally differ enorm ously between countries, 
the area of freedom, security and justice can ne vertheless act as an inspiration for third 
countries. External policies have a crucial role in promoting security and stability. 
Enlargement means the transposition of the acquis, as well as the transformation of institutions, in the candidate and potential  candidate countries. The strengthening of 
institutions such as the judici ary and the police makes a decisive  contribution to consolidating 
the rule of law and respect fo r human rights in the candidate  countries. By the same token, 
these aspects underpin coopera tion in this field with th e European Neighbourhood Policy 
partners.  
The EU can do more to strengthen capacities and cooperation throughout the world. Instant 
results cannot be expected; reform ing a judicial system or esta blishing an effective asylum 
system takes years, not months. Yet the issues  confronted by the EU, by its neighbours and 
indeed by all countries worldwide are similar. The EU’s experience and success in issues such 
as border management, migration management  and fighting organised crime represent a 
useful point of reference for third co untries which face similar challenges.  
The EU should continue to encourage regiona l cooperation. Cross-border challenges, such as 
migration, border management and organised cr ime, can often best be addressed through 
concerted action at regional level. Drawing on its  own experience and the type of issue facing 
the regions concerned, the EU should support re gional dialogue and cooperation on freedom, 
security and justice issues in regions such as Eastern Europe and the Middle East or with regional organisations such as the African Union. 
At multilateral level, recent year s have seen the adoption of important international legal 
instruments creating new norms (e.g. UN Conven tion on Trans-national Organised Crime and 
its Protocols, UN Convention against Corruption) , as well as increasing attention paid to 
international standard setting, such as th e FATF’s Recommendations on Money Laundering. 
The EU stands ready to support multilateral approaches  to strengthen policies in these areas, 
in order both to enhance its role  in international bodies and to  encourage the development of 
further international instruments. 
In fact, strengthening coopera tion and supporting capacity build ing in third countries is 
already providing results. Clos e cooperation with the Turkish au thorities has led to record 
drug seizures through controlled deliveries in the EU in recent months. The EU is working 
with Morocco to strengthen border manage ment and is introducing twinnings on money 
laundering and trafficking in persons. A borde r management mission will start work in 
December to help the Ukrainian and Moldovan authorities stamp out smuggling and 
 
EN 6   EN trafficking across their common bor der. Visa facilitation and r eadmission agreements will be 
signed shortly with Russia, which will cut unn ecessary bureaucracy for legitimate travellers 
while also speeding up the expulsion of illega l immigrants. These ac tivities are already 
producing tangible results for indi viduals both inside and outside the EU; the adoption of this 
strategy will enable the EU to inte nsify its efforts in this field. 
IV. ISSUES   
A number of political priorities  can be derived from the Ha gue Programme and its Action 
Plan3, which  provide the overall basis fo r relations with third countries, while thematic 
priorities are set out in speci alised Strategies and Action Plans (e.g. the EU Action Plan 
against Terrorism4; the Strategic Concept on Organised Crime5).  
• Human rights: promote human rights in third countries in line with inte rnational standards 
and ensure that human rights are placed at the heart of law enforcement policies; support 
the development and training of independent  and impartial judiciaries upholding human 
rights and the rule of law.  
• Strengthening institutions and good governance:  strengthen the law enforcement 
institutions and their ability to cooperate internationally; strengthen the fight against 
corruption; promote transparency, accountabi lity and sound management of government 
institutions.  
• Migration, asylum and border management:  improve third countries’ capacity for 
migration management and refugee protectio n in accordance with international law; 
support their operational border management cap acity; enhance document security; prevent 
illegal migration; encourage synergies be tween migration and development; provide 
refugees with better access to durable solutions; ensure the return of illegal migrants. 
• Fight against terrorism: provide support to third countri es for institution building and 
implementation of international instruments; work with third countries to address terrorist 
recruitment and financing; continue to s upport the key role of the UN; build on the 
relationship with the US  to enhance cooperation. 
• Organised crime, including trafficking in persons, drugs and human organs, 
counterfeiting, economic and financial crime and cybercrime:  support the development 
of institutional capacity and develop operational cooperation. 
V. PRINCIPLES 
Principles must be set to guide polic y towards third countries as follows: 
• Geographic prioritisation:  priorities must be set, within  the enlargement, development 
and external relations policies and reflecting th e EU’s special relations with third countries 
or regions. To this end, comprehensive pol icies encompassing all aspects of justice, 
                                                 
3 COM(2005) 184, 10.6.2005. 
4 Adopted by the European Council in June 2004. 
5 COM(2005) 232, 2.6.2005. 
 
EN 7   EN freedom and security will be developed with priority countries, such as candidate or 
neighbourhood countries, while w ith other countries cooperati on will focus on specific 
issues.  
• Differentiation:  there can be no ‘one size fits all’ strategy. A tailor ed approach is required 
to respond to the particular situation of individual countri es and regions.  
• Flexibility:  programming must retain sufficient flexibility so that in times of crisis or 
changing circumstances the EU can respond swiftly to new priorities. 
• Cross-pillar coordination:  external action concerning freedo m, security and justice is at 
times cross-pillar, touching not only on fields  of Community competence, but also the 
CFSP or on police and judicial cooperation, thus requiring cl ose coordination between the 
Council and the Commission to ensure cohe rence of the EU’s external activities. 
Community competences must be preserved in relation to negotiations with third countries. 
• Partnership:  in line with the principles underpinni ng EU enlargement, external relations 
and development policies, cooperation concerni ng freedom, security and justice must be 
developed in close partnership with third countr ies, respecting the principle of ownership.  
• Relevance of external action:  there should be a clear link between intern al activities 
aimed at creating an area of freedom, security  and justice and external actions to support 
this process, fully in line with policy coherence as adop ted by the European Council in 
June 2005.  
• Added value:  a regular exchange of information on activities in third countries between 
Member States and the Commi ssion is essential to avoid ove rlapping or duplication and to 
ensure complementarity between actions.  
• Benchmarking:  all actions must include evaluation mechanisms to assess progress made 
in third countries and the relevance of the ac tion for the EU’s external relations objectives. 
VI. POLICY  INSTRUMENTS 
The broad range of policy instruments at the EU’s  disposal represents a significant strength 
enabling the EU to tailor its external cooperation to the situation of each country. Engaging with third countries entails drawing on th e following instruments in a coherent and 
coordinated way. 
(1)  Bilateral agreements 
Association or Partnership and Cooperation Agreements, including provisions on freedom, 
security and justice subjects; readmission agreem ents; visa facilitation agreements; mutual 
legal assistance and extradition agreements. 
For some countries, a visa facilitation agreemen t is an important issue. A strategy is under 
preparation, in the contex t of readmission policy. 
(2) Enlargement and pre-accession processes 
The enlargement process with Croatia and Tu rkey, and the Stabilisation and Association 
Process with the Western Balkans include ju stice, freedom and security priorities.  
 
EN 8   EN (3) European Neighbourhood Policy (ENP) Action Plans 
Action Plans with substantial ju stice, freedom and security co mponents have been concluded 
with Ukraine, Moldova, Morocco, Tunisia, Isr ael, Jordan and the Pale stinian Authority and 
are under preparation with Egypt, Leba non, Armenia, Azerbaijan and Georgia. 
(4)  Regional cooperation 
Regional organisations such as the Baltic Sea Task-Force, ASEM and the Euro-Med process 
bring together actors on just ice, freedom and security issues of common concern.  
(5)  Individual arrangements 
With the US, justice, freedom and security issues are covered under the New Transatlantic 
Agenda but also in a special format at minist erial level in the Policy Dialogue on Border and 
Transport Security. These issues are discussed w ith Canada, Australia, Japan and China in the 
context of a horizontal dialogue. There are justice, freedom and security minist erial meetings 
with Russia (Permanent Partnership Council) , Ukraine and the Western Balkans Forum.  
(6)  Operational cooperation 
Europol, Eurojust, the European Police College and the Borders Agency are or will develop 
agreements and working arrangements with c ounterparts in third co untries. Networks of 
liaison officers drawn from the Member States ar e being established in some third countries.  
(7)  Institution building and twinning 
Developing institutions and implementation capacity  in third countries ar e central to activities 
with many third countries. Tw innings between Member State institutions and counterpart 
institutions in third countries are a highly usef ul mechanism in capacity building, while expert 
missions can provide expertise on particular issues. 
(8) Development Policy 
Development is an effective long-term respons e to concerns in the justice, freedom and 
security area. The Commission proposal for a new EU Development Policy identifies 
governance and human rights as complementary aims to the overriding objective of poverty 
reduction6. 
(9)  External aid programmes 
Projects on justice, freedom and security i ssues are financed under the external relations 
assistance programmes (e.g. CARDS, TACI S and MEDA). Under the new financial 
perspectives, the proposed extern al relations instruments incl ude appropriate provisions for 
these actions. The Commission has proposed a th ematic programme for migration and asylum 
as successor to the current AENEAS program me, which provides assistance for migration 
management7. 
                                                 
6 COM(2005) 311, 13.7.2005. 
7 COM(2005) 324, 3.8.2005. 
 
EN 9   EN (10)  International organisations 
The EC and Member States are key players in international orga nisations (e.g. UNHCR, 
UNODC, Council of Europe, FATF, UNIDROIT,  UNCITRAL, Hague Conference on Private 
International Law), which provide a useful basi s for promoting common values and priorities. 
The EU encourages third countries to ratify and implement international conventions, which 
become a cornerstone for develo ping international cooperation.  
(11)  Monitoring  
Evaluation mechanisms should be adapted to  respond to evolving situations. Current 
examples include the European Partnerships for the Western Balkans, the Action Plan on Organised Crime with Russia, the EU-Ukraine Justice and Home Affa irs (JHA) Action Plan, 
the monitoring and evaluation mechanism for th ird countries in the fight against illegal 
immigration, sub-committees and expert missions.  
VII. GEOGRAPHIC
 EXAMPLES  OF THE  WAY  AHEAD   
The main tenets of a strategy covering exte rnal aspects of the EU’s policy on freedom, 
security and justice are largely in place,  notably as regards nei ghbouring countries which are 
the first natural partners for closer coopera tion. Cooperation on these issues is spreading 
swiftly to other third countries, including Indi a and China, as well as to developing countries. 
With the US, a strong security partnership  is being developed, based on common values, 
which has focused on the fight against terro rism since 11 September 2001. Much of the 
cooperation in this area has broken new ground such as the mutual legal assistance and 
extradition agreements, and transatlantic relati ons concerning justice, freedom and security 
issues have blossomed due to the shared inte rest in tackling new challenges. Since this 
dimension is relatively new, the EU increasingly needs to define its security interests, based on reciprocity, and to promote vigorously its policy objectives such as extending the Visa 
Waiver Programme to all Member States . The need to work together on border security 
and law enforcement opens up new avenues of cooperation for the EU and the US , 
always with a view to closing the security gap. 
Cooperation with the Western Balkan countries  is intensive with the aim of strengthening 
stability  in the region in the light of the count ries’ European perspective. Within the 
Stabilisation and Association Process, the EU  is supporting the Western Balkans countries, 
through the CARDS programme, to develop their performance in the four priority areas of 
police and organised crime, integrated border management, judicial reform, and asylum and 
migration. Progress towards the conclusion of ag reements on readmission and visa facilitation 
will signal mutual commitment to further cooperation. 
Cooperation has also developed in response to specific concerns such as organised crime, 
through, for instance, the development of re gional cooperation between prosecutors or 
cooperation to combat money laundering. Other measures support the development of key 
capacities in each country including setting up financial intelligence units and specialised 
teams of prosecutors and judges to deal with organised crime cases. Further cooperation 
with Europol, Eurojust as well as the development of the Regional Centre for 
Combating Transborder Crime (SECI), and the liaison officers’ network will help 
 
EN 10   EN improve the way the EU uses its instruments in the area of police and criminal justice 
cooperation to fight organised crime in the Western Balkans. 
As regards Russia,  justice, freedom and security has become a central feature of the strategic 
partnership  as reflected in the wide-ranging Common Space on freedom, security and 
justice , which will now need to be implemented effectively  in priority areas such as the rule 
of law, the fight against terrorism and or ganised crime, includi ng money laundering, 
corruption and trafficking of persons and dr ugs, the fight against child pornography on the 
Internet, data protection, doc ument security and border de marcation and management. 
Besides a rich dialogue at many levels, the Eu ropol/Russia agreement as well as the Action 
Plan on Organised Crime, contacts with Euroju st and the liaison offi cers’ network provide a 
practical basis for closer operational links. The conclusion of agreements on readmission 
and visa facilitation signals a stro ng commitment to further cooperation  and will at the 
same time help discussions on the long- term prospect of visa-free travel. 
For Ukraine, extending stability  to the neighbours of the ex tended EU and supporting the 
reform process lies behind the increasingl y close cooperation. Through the European 
Neighbourhood Policy and the soon to be update d EU-Ukraine JHA Action Plan, the EU is 
promoting capacity building such  as a fundamental overhaul of the judiciary, and the 
development of border management  and an asylum system in line with European standards. 
To take an example of inst itutional reform, Commission suppor t for developing the capacity 
of the Ukrainian Financial Intelligence Unit assisted in bringing about Ukraine’s removal from the FATF money laundering “blacklist”. Negotiations for an agreement with Eurojust 
are envisaged. Readmission negotiation s are underway, and negotiations on visa 
facilitation are expected to be launched shortly. Priorities are reviewed annually at 
ministerial Troika level, and implemen tation is measured in a Scoreboard. 
With the Mediterranean countries , strengthening good governance and the rule of law  as 
well as improving migration management  and security  are the main goals. The ENP has 
given a new impetus to cooperation in this regio n, already a feature of the Barcelona process. 
At regional level, the program me on migration, police and judi cial cooperation represented a 
step forward by supporting institutional cap acity building and by promoting cooperation 
among officials, demonstrating the va lue of encouraging regional cooperation. The start of 
the new justice, freedom and security regi onal programme, as well as the reinforcement 
of the high level dialogue on terrorism, will accompany the launching at the next 
Barcelona Summit  of an ambitious work programme to create an area of mutual 
cooperation on justice, security, migration and social integration 
At the bilateral level, the MEDA programme supports projects on migration, judiciary and 
law enforcement cooperation in several countri es, including twinnings in Morocco on money 
laundering and in Jordan on the judiciary. The en try into force of new agreements creates a 
climate of cooperation, including subjects such as the fight against terrorism, organised crime 
and drugs as well as child protection. Migration and border management are at the top of 
the agenda, and partnerships should be stre ngthened in the region with countries of 
origin and transit. Further progress is nece ssary on readmission agreements, and efforts 
to develop the dialogue with Libya on migration should be pursued. 
 
EN 11   EN VIII. NEXT STEPS 
The purpose of the strategy on the external dime nsion of the area of freedom, security and 
justice is two-fold: firstly, to c ontribute to the successful establishment of the internal area of 
freedom, security and justice by creating a secu re external environment, and secondly to 
advance the EU’s external relations objectives  by promoting the rule of law, democratic 
values and sound institutions. 
Areas for cooperation with third countries have been clearly set out in the Hague Programme 
and its Action Plan. The EU has a broad range of implementing instruments at its disposal, 
which will be applied according to the particul ar needs of the partner country concerned.  
Promoting the rule of law outside the EU is essential to underpin dom estic and international 
security, stability and development. The external  dimension of the area of justice, freedom 
and security cannot be seen as an independent  policy area but must be part of the EU’s 
external policy activities .  
Several steps should be taken to facil itate implementation of the strategy: 
Setting priorities and m onitoring implementation 
• The Commission should set priorities and define  appropriate courses of action within the 
scope of its responsibilities. 
• To facilitate the monitoring of practical results against the objectives and priorities set, the 
Commission should produce a consolidated  review and continuously monitor 
implementation. 
• As the external dimension of the area of free dom, security and justice is growing rapidly 
and assuming greater significance in relations with third countries, the Council should, on 
a regular basis, review progress and priorities. 
Effectiveness and coherence 
• Coordination  between geographic Council working groups  and groups dealing with justice, 
freedom and security matters could be improved. Coreper also has an important 
coordinating role in this area. 
• Coherence of the EU’s external actions : Improved coordination is required to ensure 
coherence and effectiveness at EU level be tween different policies and instruments, 
bearing in mind the Commission’ s competence. At the same time, Member States must be 
closely involved. 
• Rapid reaction: In addition to long-term support for in stitution building, the EU needs to 
develop further its capacity to react quickly to sudden needs or  emerging threats. There are 
a growing number of situations  where the EU should promote its ability to deliver swift 
assistance.  
• International organisations:  the Commission must play its full role in international 
organisations, in coordination with the Member  States, to stimulate the development of 
 
EN 12   EN new tools. Appropriate steps should be taken to  ensure greater visibility for the action of 
the EU in international bodies.  
• Regional cooperation:  the Commission must strengthen its efforts to support regional 
cooperation on justice, freedom and security  issues, through support for existing bodies 
such as the African Union, and encouragi ng new initiatives in areas where regional 
cooperation is weak, such as the Middle East or Eastern Europe.