EN    EN EN 
 
EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 10.6.2009 
SEC(2009) 765 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 
Follow-up of the implementation of legal inst ruments in the fields of justice, freedom 
and security at national level 
 
Implementation Scoreboard 
 
{COM(2009) 263 final} 
{SEC(2009) 766 final} {SEC(2009) 767 final} 
 
EN - 2 -   EN Current state of play3 
Legal instrument1 Deadline for 
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tion/ entry 
into force Reports and other in-
depth analysis2 Communication of national 
measures to the Commission Compliance/application 
1. GENERAL  ORIENTATIONS4 
1.2. Respect for and active promotion of fundamental rights 
• Protection of personal data 
Directive 95/46/EC of the 
European Parliament and of the 
Council of 24 October 1995 on 
the protection of individuals with 
regard to the processing of 
personal data and on the free 
movement of such data5 24 October 
1998  Report from the Commission 
on the implementation of the 
Directive of 15.5.20036, report 
prepared on behalf of the 
Commission on the economic 
evaluation of the Directive 
dated May 20057 as well as 
the Communication of 
7.3.2007 on the follow-up of 
the Work Programme8.  All Member States have adopted and 
communicated legislation under the 
Directive. Even though all Member States have now transposed the 
Directive, some of them have failed to incorporate a number of 
its important provisions. In other cases, transposition or practice 
has not been conducted in line wi th the Directive or has fallen 
outside the margin of manoeuvre left to Member States. This has 
resulted in a number of infringement proceedings. In two cases 
concerning incorrect implement ation and application of the 
Directive, Germany was sent a reasoned opinion on 29 June 
2007 in one case and referred to the Court on 22 November 
2007 (case C-518/07, still pending) in another case. 
                                                 
1 Taking into account only the instruments for which the deadlines for implementation or for entry into force had passed by the cut-off date of 31 March 2009.  
2 Excluding correspondence, complaints and petitions to the European Parliament and to the Commission.  
3 At the cut-off date of 31 March 2009.  
4 This table uses the same cl assification/titles as provided fo r under the Hague Action Plan.  
5 OJ L 281, 23.11.1995, p. 31.  
6 First report on the implementation of the Da ta Protection Directive 95/46/EC - COM(2003) 265.  
7 http://europa.eu.int/comm/justice _home/fsj/privacy/studies/index_en.htm . 
8 Communication from the Commission to the Euro pean Parliament and the Council on the fo llow-up of the Work Programme for better  implementation of the Data Protection Directive 
– COM(2007) 87 final.  
 
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measures to the Commission Compliance/application 
1.4. European strategy on drugs 
 
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measures to the Commission Compliance/application 
The Drugs Action Plan (2005-
2008) in the framework of the EU 
Drugs Strategy 2005-2012 2008 Commission annual progress 
review on implementation of 
the Action Plan by all 
stakeholders (Member States, 
Commission, EMCDDA, 
Europol). The first progress 
review was presented in 
December 2006 followed by a progress review presented in 
December 2007
9. Final 
evaluation was presented on 
18 September 2008.10 Not applicable in a legal sense, but there 
is consensus among the Member States 
to report to the Commission under the 
Action Plan. There are regular reporting 
activities from Member States to the 
Commission, the EMCDDA (through the 
Reitox network) and Europol. The 2007 Progress Review reports on progress achieved by all 
stakeholders (Member States, Commission, EMCDDA, Europol) 
and on aspects to improve. 
The 2008 Final Evaluation showed t hat the objectives of the Plan 
have been partly achieved:  
- Although drug use in the EU remains at high levels, available 
data suggest that the use of her oin, cannabis and synthetic 
drugs has stabilised or is declining but that cocaine use is rising in a number of Member States.  
- Data available for comparable countries in other parts of the 
world show that the consumption of cannabis, cocaine, and 
amphetamines in the EU is significantly lower than, for instance, 
in the US.  
- Evidence shows that the EU is succeeding in at least 
containing the complex social phenomenon of widespread 
substance use and abuse in the population, and that it is 
increasingly focusing on measures to address the harm caused 
by drugs to individuals and society.  
- In terms of international cooperation, there is now better 
coordination of EU positions in international fora on drugs. 
Moreover, the EU’s integrated and balanced approach to drugs 
is increasingly serving as a model for other countries worldwide. 
While progress has been made in many areas, weaknesses 
have also been identified. Policy coordination problems persist in 
many areas, within the Commission, between Member States, 
and within Member States, and ev en if the quality of information 
on the EU situation regarding dr ug use, prevention and treatment 
has consistently improved, considerable knowledge gaps 
remain. 
                                                 
9 Communication from the Commission on the 2007 Progress Review of the implementation of the EU Action Plan on Drugs (2005-2008)  – COM(2007) 781 final. 
10 Communication on an EU Drugs Action Plan (2009-2012), accompanied by a Final Evaluation of the EU Drugs Action Plan 2005-2008 – COM(2008) 567/4 and 
SEC(2008) 2456. The evaluation was carried out by the Commission wi th the support of the Member States, the European Monitoring  Centre on Drugs and Drug 
Addiction (EMCDDA), Europol, and European NGO netw orks represented in the Civil Society Forum.  
 
EN - 5 -   EN Current state of play3 
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measures to the Commission Compliance/application 
Council Framework Decision 
2004/757/JHA of 25 October 
2004 laying down minimum 
provisions on the constituent 
elements of criminal acts and 
penalties in the field of illicit drug 
trafficking.11 12 May 2006 A report from the Commission 
is due by 12 May 2009 under 
the Framework Decision, 
which should serve as a basis 
for the report from the 
Council, due by 12 November 
2009.  Belgium, Bulgaria, Czech Republic, 
Denmark, Germany, Estonia, France, 
Latvia, Lithuania, Luxembourg, Hungary, 
Netherlands, Austria, Poland, Portugal, 
Romania, Slovenia, Slovakia, Finland 
and Sweden have communicated their 
transposition measures. 
Ireland , Greece , Spain , Italy, Cyprus , 
Malta  and UK have not yet fulfilled their 
communication obligation. The report on transposition is not yet available. Details will be 
provided in the Commission's report, due by 12 May 2009. 
Amendments are likely to be called for. 
Council Decision 2005/387/JHA 
of 10 May 2005 on the 
information exchange, risk 
assessment and control of new 
psychoactive substances.12 21 May 2005 The EMCDDA and Europol 
must report annually to the 
European Par liament, the 
Council and the Commission 
on implementation of this 
Decision. If the Council decides to submit a new 
psychoactive substance to control 
measures, Member States shall report 
the measures taken to the Council and 
the Commission. The 2006 report from the EMCDDA and Europol analysed the 
first months of implementation. The 2007 Report reflected on the 
implementation of the instrument  in 2006: 7 new substances 
were notified. The EMCDDA and Europol produced a Joint 
Report on one of them, called BZP. On 23 March 2007 the 
Council requested a risk assessment on psychoactive substance 
BZP to be carried out by the extended Scientific Committee of 
the EMCDDA. On 16 July 2007 the Commission decided on the 
basis of the evidence collect ed through the risk assessment 
procedure to propose to the Council to make the BZP subject to 
drug control measures and crim inal provisions. The proposal 
was discussed and approved by the Horizontal Working Party on 
Drugs on 10 September 2007. The Council adopted the Decision 
on 7 March 2008 (2008/206/JHA)13 and Member States shall 
take the necessary measures no later than one year from this 
date. 
                                                 
11 OJ L 335, 11.11.2004, p. 8. 
12 OJ L 127, 20.5.2005, p. 32. 
13 OJ L 64, 7.3.2008, p. 45 
 
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2. STRENGTHENING  FREEDOM 
2.1. Citizenship of the Union 
Article 22 of the EC Treaty: 
reports from the Commission to 
the European Parliament, to the 
Council and to the Economic and 
Social Committee every three 
years on the application of the 
provisions of Part Two of the 
Treaty on “citizenship of the 
Union”  Five Commission reports on 
Citizenship of the Union, 
dated 20.12.199314, 
27.5.199715, 7.9.200116, 
26.10.200417 and 15.2.2008 
(from 1.5.2004 to 
30.6.2007)18.  Not applicable.  All Commission reports focus on the provisions of Part Two of 
the EC Treaty related to the rights of Union citizens. The 
Commission's 5th Report on Citizenship of the Union, which 
covers the first years following the Union's enlargement to 12 
new Member States, highlights a number of developments and 
problems encountered in this area. 
                                                 
14 COM(1993) 702 final. 
15 COM(1997) 230 final. 
16 COM(2001) 506 final. 
17 COM(2004) 695 final. 
18 COM(2008) 85 final. 
 
EN - 7 -   EN Current state of play3 
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measures to the Commission Compliance/application 
Directives 90/364 of 28 June 
199019, 90/365 of 28 June 199020 
and 93/96 of 29 October 199321 
on the right of residence of 
inactive persons, pensioners and 
students  Expired22 Two Commission reports 
were adopted on 17.3.199923 
(period 1992-1999) and 
5.3.200324 (period 1999-
2002). A third and last report 
was adopted by the 
Commission on 5.4.200625 
(period 2003-2005). All Member States have adopted and 
communicated national transposing 
measures.  Application is basically satisfac tory, as the declining number of 
complaints received by the Commission shows. Nevertheless, 
there are still individual cases of non-compliance or incorrect 
application. Netherlands  was ruled against by the Court for non-compliance 
with the Directive 90/364 on 10 April 2008 (case C-2006/398). The Netherlands has adopted legislation to comply with the 
judgement but the Commission is still examining how this applies in practice. On 17 October 2007 the Commission decided to refer France to 
the Court  for non-compliance with Directives 90/364, 90/365 and 
93/96. 
Belgium  was ruled against by the Court for non-compliance 
notably with Directive 90/364 on 23 March 2006 (case C-
408/03). On 23 October 2007 the Commission sent a reasoned 
opinion under Article 228 of the EC Treaty for non-compliance 
with the judgement of the Cour t. New legislation adopted by 
Belgium appears to rectify the infringement. 
                                                 
19 OJ L 180, 13.7.1990, p. 26. 
20 OJ L 180, 13.7,1990, p. 28. 
21 OJ L 317, 18.12.1993, p. 59. 
22 The three Directives were repealed with effect from 30 April 2006 by Directive 2004/38/EC of 29 April 2004. 
23 Report from the Commission to the Council and the European Parliament on the implementation of Directives 90/364, 90/365 and 9 3/96 (right of residence) - 
COM(1999) 127. 
24 Second Commission report to the Council and Parliament on the implementation of Directives 90/364, 90/365 and 93/96 (right of residence) - COM(2003) 101. 
25 Third Commission report to the Council and Parliament on the application of Directives 93/96, 90/364, 90/365 on the right of r esidence for students, economically 
inactive and retired Union citizens – COM(2006) 156 final. 
 
EN - 8 -   EN Current state of play3 
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measures to the Commission Compliance/application 
Directive 64/221 of 25 February 
1964 on the co-ordination of 
special measures concerning the 
movement and residence of 
foreign nationals which are 
justified on grounds of public 
policy, public security or public 
health26; Directive 72/194 of 18 
May 1972 extending to workers 
exercising the right to remain in 
the territory of a Member State 
after having been employed in 
that State the scope of the 
Directive of 25 February 196427; 
Directive 73/148 of 21 May 1973 
on the abolition of restrictions on 
movement and residence within 
the Community for nationals of 
Member States with regard to 
establishment and the provision 
of services28; Directive 75/34 of 
17 December 1974 concerning 
the right of nationals of a 
Member State to remain in the 
territory of another Member State 
after having pursued therein an 
activity in a self-employed 
capacity29; Directive 75/35 of 17 
December 1974 extending the 
scope of Directive 64/221 to 
include nationals of a Member 
State who exercise the right to 
remain in the territory of another 
Member State after having 
pursued therein an activity in a 
self-employed capacity30 Expired31 A Commission report on 
Directive 64/221 was adopted 
on 19 July 199932. Communication of measures 
transposing Directives 72/194, 73/148, 
75/34, 75/35 and 64/221 is completed.  Application of these directives is  basically satisf actory, as the 
declining number of complaints received by the Commission 
shows. Nevertheless, there ar e still individual cases of non-
compliance or incorrect application. Netherlands  was ruled against by the Court in two cases of 
incorrect application of Directive 64/221 in expulsion cases, on 7 June 2007 (joint cases C-2006/050). The Commission is 
examining the measures adopted by  the Netherlands (the Aliens 
Circular) to comply with the judgement. Belgium  was ruled against by the Court for non-compliance 
notably with Directive 90/364 on 23 March 2006 (case C-408/03). On 23 October 2007 the Commission sent a reasoned 
opinion under Article 228 of the EC Treaty for non-compliance 
with the judgement of the Cour t. New legislation adopted by 
Belgium appears to rectify the infringement. Italy was sent a reasoned opinion on 1 December 2008 for 
incorrect application of Dir ectives 68/360 and 73/148. 
                                                 
26 OJ 56, 4.4.1964, p. 850, English special edition Series I Chapter 1963-1964, p. 117. 
27 OJ L 121, 26.5.1972, p. 32, English special edition Series I Chapter 1972(II), p. 474. 
28 OJ L 172, 28.6.1973, p. 14. 
29 OJ L 14, 20.1.1975, p. 10. 
 
EN - 9 -   EN Current state of play3 
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measures to the Commission Compliance/application 
Directive 2004/38 of the 
European Parliament and of the 
Council of 29 April 2004 on the 
right of citizens of the Union and 
their family members to move 
and reside freely within the 
territory of the Member States 
amending Regulation (EEC) No 1612/68 and repealing Directives 
64/221, 68/360, 72/194, 73/148, 
75/34, 75/35, 90/ 364, 90/365 and 
93/96
33 Implementa-
tion due by 30 
April 2006 A Commission report on 
Directive 2004/38 was 
adopted on 10 December 
2008. All Member States have adopted and 
communicated national transposing 
measures. 
 The Commission Report shows that the overall transposition of 
Directive 2004/38 is rather dis appointing. Not one Member State 
has transposed the Directive e ffectively and correctly in its 
entirety. Not one Article of t he Directive has been transposed 
effectively and correctly by all Member States. 
On the other hand, in some areas Member States adopted 
transposition measures t hat are more favourable to EU citizens 
and their family members than required by the Directive itself. In the thirty months since the Directive has been applicable, the 
Commission has received more than 1800 individual complaints, 
40 questions from the Parliame nt and 33 petitions on its 
application. It has registered 115 complaints and opened five 
infringement cases for incorrect application of the Directive. 
The problems revealing persistent vi olation of the core rights of 
EU citizens are mo stly related to: 
- the right of entry and residence of third country family members 
(problems with entry visas or when crossing the border, 
conditions attached to the right of residence not foreseen in the 
Directive and delayed issue of residence cards); 
- the requirement for EU citizens to submit with the applications 
for residence additional documents not foreseen in the Directive. 
The difficult issues of interpretation which have arisen so far can 
be addressed by issuing guidelines following further discussion 
and clarification. 
                                                                                                                                                                                                                                           
30 OJ L 14, 20,1,1975, p. 14. 
31 The three Directives were repealed with effect from 30 April 2006 by Directive 2004/38/EC of 29 April 2004. 
32 COM(1999) 372 final. 
33 OJ L 158, 30.4.2004, p.77. 
 
EN - 10 -   EN Current state of play3 
Legal instrument1 Deadline for 
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tion/ entry 
into force Reports and other in-
depth analysis2 Communication of national 
measures to the Commission Compliance/application 
Directive 93/109/EC of 
6 December 1993 laying down 
detailed arrangements for the 
exercise of the right to vote and 
stand as a candidate in elections 
to the European Parliament for 
citizens of the Union residing in a 
Member State of which they are not nationals
34 Implementa-
tion due by 1 
February 1994  Two Commission reports on 
its application were adopted 
on 7 January 199835 and on 
18 December 200036. On 12 
December 2006 the 
Commission adopted a third 
report: Communication on 
European elections 200437.  Communication of national measures is 
considered satisfactory. Conformity of the legislation of  the 12 newest Member States 
with the Directive is currently being assessed by the 
Commission. Requirement of a pe rmanent residence or other 
additional conditions imposed on EU citizens are amongst 
difficulties that the assessment revealed. Discussions and 
contacts with the Member States shall take place in 2009 in view 
of ensuring correct implement ation of the Directive.  
In 2006 the Commission proposed to amend the Directive 93/109 by introducing measures  that lighten the burden on 
candidates and Member States while providing the necessary 
guarantees against abuses
38.  
Implementation by the 12 new Member States is currently being 
assessed by the Commission. 
1976 Act39 on the election of 
representatives of the European 
Parliament by direct universal 
suffrage as amended by Council 
Decision 2002/772/EC, 
Euratom40 Implementa-
tion due by 1 
April 2004 No report provided for under 
the Decision. Not applicable A study for assessing conformity of  the legislation of the Member 
States with the Act has been launched in 2008. Final results are 
expected for 2009.  
                                                 
34 OJ L 329, 30.12.1993, p. 34. 
35 COM(1997) 731. 
36 COM(2000) 843. 
37 Commission report on the participation of European Union citizen s in the Member State of residence (Directive 93/109/EC) and o n the electoral arrangements 
(Decision 76/787/EC as amended by Decision 2002/772/EC, Euratom) – COM(2006) 790 final. 
38 Proposal for a Council Directive amending Directive 93/109/EC of  6 December 1993 as regards certain detailed arrangements for the exercise of the right to vote and 
stand as a candidate in elections to the European Parliament fo r citizens of the Union residing in a Member State of which they  are not nationals – COM(2006) 791 
final. 
39 The Act is annexed to Decision 76/787/ECSC, EEC, Euratom of 20 September 1976 (OJ L 278, 8.10.1976, p. 5). 
40 OJ L 283, 21.10.2002. 
 
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measures to the Commission Compliance/application 
Council Directive 94/80 of 
19 December 1994 laying down 
detailed arrangements for the 
exercise of the right to vote and 
to stand as a candidate in 
municipal elections by citizens of 
the Union residing in a Member 
State of which they are not nationals
41  Implementa-
tion due by 1 
January 1996 A Commission report was 
adopted on 30 May 200242, 
together with two reports, 
dated 22 November 1999 and 
22 August 2005, on granting 
derogation pursuant to Article 
19(1) of the EC Treaty, 
presented under Article 12(4) of Directive 94/80
43.  
A second Commission report 
is envisaged in 2009. Communication of national measures 
can be considered satisfactory for all 
Member States. Implementation by the 12 newest Member States is currently 
being assessed by the Commission. Requirement of a 
permanent residence or additional conditions imposed on EU 
citizens are amongst problems that the assessment revealed. 
Discussions and contacts with t he Member States shall take 
place in 2009 in view of ensuring correct implementation of the 
Directive.  
Legal implementation was cons idered satisfactory for the 
Member States covered by the 2002 report44. 
Results in practice have not been so successful, since the 
proportion of non-national EU citizens entered on the electoral 
rolls is generally rather low. 
                                                 
41 OJ L 368, 31.12.1994, p. 38. Di rective as last amended by Act concerning the conditions of accession of the Czech Republic, the  Republic of Estonia, the Republic 
of Cyprus, the Republic of Latvia, the Republic of Lithuania, th e Republic of Hungary, the Repub lic of Malta, the Republic of P oland, the Republic of Slovenia and 
the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ L 236, 23.9.2003, p. 33). 
42 COM(2002) 260. 
43 COM(1999) 597 and COM(2005) 382. 
44 Luxemburg and Belgium benefit from derogations permitted under the Directive. 
 
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2.2. Asylum, immigration, frontiers 
Regulation (EC) No 1987/2006 of 
the European Parliament and of 
the Council of 20 December 
2006 on the establishment, 
operation and use of the second 
generation  Schengen Information 
System (SIS II)45 Entry into 
force: 17 
January 2007 Two years after SIS II is 
brought into operation and 
every two years thereafter the 
Commission or, when it is 
established, the management 
authority is to produce a report on the technical 
functioning of SIS II and the 
communication infrastructure. 
Three years after SIS II is 
brought into operation and 
every four years thereafter, 
the Commission is to produce 
a report on an overall 
evaluation of SIS II. Not applicable. Member States shall provide t he Management Authority and the 
Commission with the information necessary to draft the reports. 
                                                 
45 OJ L 381, 28.12.2006, p. 4. This Regulation, as well as Regulation 1986/2006 of the European Parliament and of the Council of 20 December 2006 regarding access 
to the Second Generation Schengen Information System (SIS II) by  the services in the Member States responsible for issuing vehi cle registration certificates (OJ L 
381, 28.12.2006, p. 1) form a package with Council Decision 2007/533/JHA (OJ L 205, 7.8.2007, p. 63) . 
 
EN - 13 -   EN Current state of play3 
Legal instrument1 Deadline for 
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tion/ entry 
into force Reports and other in-
depth analysis2 Communication of national 
measures to the Commission Compliance/application 
Council Decision 2007/533/JHA 
of 12th June 2007 on the 
establishment, operation and use 
of the second generation 
Schengen Information System 
(SIS II) Entry into 
force: 2nd July 
2007 Two years after SIS II is 
brought into operation and 
every two years thereafter the 
Commission or, when it is 
established, the management 
authority is to produce a 
report on the technical 
functioning of SIS II and the communication infrastructure. 
Three years after SIS II is 
brought into operation and 
every four years thereafter, 
the Commission is to produce 
a report on an overall 
evaluation of SIS II. Not applicable. Member States shall provide t he Management Authority and the 
Commission with the information necessary to draft the reports. 
Regulation (EC) No 767/2008 
concerning the Visa Information 
System (VIS) and the exchange 
of data between Member States 
on short-stay visas (VIS 
Regulation)46 .  Entry into 
force: 2 
September 
2008  Two years after the VIS is 
brought into operation and 
every two years thereafter, 
the Commission or, when it is 
established, the Management 
Authority is to submit a report 
to the European Parliament, 
the Council and the 
Commission on the technical 
functioning of the VIS. Three 
years after the VIS is brought 
into operation and every four 
years thereafter, the 
Commission is to produce an 
overall evaluation of the VIS. The Commission is to transmit 
the evaluation reports to the 
European Parliament and the 
Council. Not applicable. Member States shall provide t he Management Authority and the 
Commission with the information necessary to draft the reports. 
                                                 
46 OJ L 218 of 13.8.2008, p. 60. 
 
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measures to the Commission Compliance/application 
Council Decision 2008/633/JHA 
concerning access for 
consultation of the Visa 
Information System (VIS) by 
designated authorities of 
Member States and by Europol 
for the purposes of the 
prevention, detection and investigation of terrorist offences 
and of other serious criminal 
offences47 Entry into 
force: 2 
September 
2008 Two years after the VIS is 
brought into operation and 
every two years thereafter, 
the Commission or, when it is 
established, the Management 
Authority is to submit to the 
European Par liament, the 
Council and the Commission a report on the technical 
functioning of the VIS. Three 
years after the VIS is brought 
into operation and every four 
years thereafter, the 
Commission is to produce an 
overall evaluation of the VIS. 
The Commission is to transmit 
the evaluation to the 
European Parliament and the 
Council. Not applicable. Member States and Europol shall provide to the Management 
Authority and the Commission the information necessary to draft 
the reports. 
2.3. Common European Asylum System 
Council Regulation (EC) No 2725/2000 of 11 December 2000 
concerning the establishment of 
'EURODAC' for the comparison 
of fingerprints for the effective 
application of the Dublin 
Convention
48 Entry into 
force: 
15 December 
2000 Annual Commission reports 
were adopted on 5 May 
200449, 20 June 200550, 15 
September 200651, 11 
September 200752 and 26 
January 200953.  Not applicable. The Commission reports show very satisfactory results on the 
activities of EURODAC, althou gh certain difficulties were 
detected on a case-by-case basis , such as excessive delay for 
the transmission of data to t he EURODAC Central Unit, low 
quality of data sent by some Mem ber States or proper respect of 
data protection rules. 
                                                 
47 OJ L 218 of 13.8.2008, p. 129. 
48 OJ L 316, 15.12.2000, p. 1. 
49 SEC(2004) 557. 
50 SEC(2005) 839. 
51 SEC(2006) 1170. 
52 SEC(2007) 1184. 
 
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measures to the Commission Compliance/application 
Council Directive 2001/55 of 20 
July 2001 on minimum standards 
for giving temporary protection in 
the event of a mass influx of 
displaced persons and on 
measures promoting a balance 
of efforts between Member 
States in receiving such persons and bearing the consequences 
thereof
54 Implementa-
tion due by 31 
December 
2002 A Commission report was due 
by 31 December 2004, but 
because of its specific nature 
this Directive has not been 
applied and no report has 
been drafted. All Member States have adopted and 
communicated national transposing 
measures55.  
Council Directive 2003/9/EC of 
27 January 2003 laying down 
minimum standards for the 
reception of asylum seekers56 Implementa-
tion due by 6 
February 2005 A report from the Commission 
was adopted on 26 November 
200757.  All Member States have adopted and 
communicated national transposing 
measures58. According to the Commission's Report, overall, the Directive has 
been transposed satisfactorily in the majority of Member States. 
Only a few horizontal issues of incorrect transposition or 
misapplication of the Directive are highlighted. 
Council Regulation (EC) No 
343/2003 of 18 February 2003 
establishing the criteria and 
mechanisms for determining the 
Member State responsible for examining an asylum application 
lodged in one of the Member 
States by a third-country 
national
59 Entry into 
force: 
17 March 
2003 An evaluation report was 
adopted on 6 June 200760. Not applicable. 
 According to the Commission's Report, overall, the objectives of 
the Dublin system, notably to establish a clear and workable 
mechanism for determining responsibility for asylum 
applications, have to a large extent been achieved. Owing to the 
lack of precise data it was not po ssible to evaluate the cost of 
Dublin system. Nevertheless some concerns remain, both on the 
practical application and the effectiveness of the system. 
                                                                                                                                                                                                                                           
53 COM(2009) 13 final. 
54 OJ L 212, 7.8.2001, p. 12. 
55 Denmark and Ireland are not bound by this Directive. 
56 OJ L 31, 6.2.2003, p. 18. 
57 Report from the Commission to the Council and to the European Par liament on the application of Directive 2003/9/EC of 27 Janua ry 2003 laying down minimum 
standards for the reception of asylum  seekers – COM(2007) 745 final. 
58 Denmark and Ireland are not bound by this Directive. 
59 OJ L 50, 25.2.2003, p. 1. 
60 Report from the Commission to the European Parliament and the Council on the evaluation of the Dublin system – COM(2007) 299 f inal. 
 
EN - 16 -   EN Current state of play3 
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depth analysis2 Communication of national 
measures to the Commission Compliance/application 
Council Directive 2004/83/EC of 
29 April 2004 on minimum 
standards for the qualification 
and status of third country 
nationals or stateless persons as 
refugees or as persons who 
otherwise need international 
protection and t he content of the 
protection granted61 Implementa-
tion and 
communicatio
n due by 10 
October 2006 A Commission report will be 
presented by October 2009. 
After the first report the 
Commission has a reporting 
obligation every five years. Belgium, Bulgaria, Czech Republic, 
Germany, Estonia, Greece, Ireland, 
France, Italy, Cyprus, Latvia, Lithuania, 
Luxembourg, Hungary, Malta, 
Netherlands, Austria, Poland, Portugal, 
Romania, Slovakia and Slovenia have 
adopted and communicated national 
transposing measures62. 
Sweden  and UK have partially fulfilled 
their obligation. 
Spain  and Finland  have not yet fulfilled 
their obligation63.   
                                                 
61 OJ L 304, 30.9.2004, p. 12. 
62 Denmark is not bound by this Directive. 
63 Spain, Finland, Sweden and UK were referred to the Court in June – July 2008 (cases respectively C-2008/272, C-2008/293, C-200 8/322, C-2008/256). Finland was 
ruled against by the Court on 5 February 2009.  
 
EN - 17 -   EN Current state of play3 
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depth analysis2 Communication of national 
measures to the Commission Compliance/application 
Council Directive 2005/85/EC of 
1 December 2005 on minimum 
standards on procedures in 
Member States for granting and 
withdrawing refugee status64 Implementa-
tion and 
communicatio
n due by 1 
December 
2007 and 1 
December 
2008 (Article 15 only) A Commission report will be 
presented by 1 December 
2009. After the first report the 
Commission has a reporting 
obligation every two years. Bulgaria, Czech Republic, Germany, 
Estonia, Greece, France, Italy, Latvia, 
Lithuania, Luxemburg, Hungary, Malta, 
Netherlands, Austria, Poland, Portugal, 
Romania, Slovenia, Slovakia and UK 
have adopted and communicated 
national transposition measures for the 
obligation expiring 1 December 2007
65. 
The Commission is examining national 
transposition measures communicated 
for the obligation expiring 1 December 
2008. 
Belgium , Ireland  and Sweden  have 
partially fulfilled their obligation. 
Spain , Cyprus  and Finland  have not 
yet fulfilled their obligation66.  
                                                 
64 OJ L 326, 13.12.2005, p.13. 
65 Denmark is not bound by this Directive. 
66 Spain, Cyprus, Finland and Sweden were sent letters of formal notice on 29 January 2008. Belgium was sent a reasoned opinion o n 23 September 2008. 
 
EN - 18 -   EN Current state of play3 
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depth analysis2 Communication of national 
measures to the Commission Compliance/application 
2.4. Legal Migration Including Admission Procedures 
Council Directive 2003/86 of 22 
September 2003 on the right to 
family reunification67 Implementa-
tion and 
communicatio
n due by 3 
October 2005 First report from the 
Commission was due on 3 
October 2007 under the 
Directive. Publication of the 
report in October 200868 only 
due to late transposition of the Directive by Member States 
and in order to take account 
of the results of the Odysseus 
conformity checking study. 
Report will be followed-up by 
a Green paper in the first half 
of 2009. All Member States have adopted and 
communicated national transposition 
measures
69. 
 Overall, the Directive has been transposed satisfactorily in the 
majority of Member States. However a few horizontal issues of 
incorrect transposition or misapplic ation of the Directive had to 
be highlighted. In addition the main application problem is that 
some "may" provisions of the Dir ective enabling Member States 
to introduce or maintain certain requirements for the exercise of the right to family reunification (e.g. fees, waiting period, stable 
and regular resources, integration measures such as language 
and other test) are applied in a too broad or excessive way, 
restricting the right to family reun ification to an extent which runs 
counter the effet utile  of the Directive. 
Council Directive 2003/109 of 25 
November 2003 concerning the 
status of third-country nationals 
who are long-term residents70 Implementa-
tion and 
communicatio
n by 23 
January 2006 Report from the Commission 
due by 23 January 2011 
under the Directive. Belgium, Bulgaria, Czech Republic, 
Germany, Estonia, Greece, France, 
Italy, Cyprus, Latvia, Lithuania, 
Luxemburg, Hungary, Malta, 
Netherlands, Austria, Poland, Portugal, 
Romania, Slovenia, Slovakia, Finland 
and Sweden have adopted and 
communicated national transposing 
measures71. 
Spain72 has not yet fulfilled its 
obligation.  
                                                 
67 OJ L 251, 3.10.2003, p. 12. 
68 COM (2008) 610 final. 
69 Denmark, Ireland and UK are not bound by this Directive. 
70 OJ L 16, 23.1.2004, p. 44. 
71 Denmark, Ireland and UK are not bound by this Directive. 
72 Spain was ruled against by the Court for non-communication on 15 November 2007 (case C-2007/059) and has not yet complied with  the judgment. On 24 February 
2009 the Commission sent a reasoned opinion under Article 228 of the EC Treaty to Spain. 
 
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measures to the Commission Compliance/application 
Council Directive 2004/114 of 13 
December 2004 on the 
conditions of admission of third-
country nationals for the purpose 
of studies, pupil exchange, 
unremunerated training or 
voluntary service73 Implementa-
tion and 
communicatio
n by 11 
January 2007. A Commission report will be 
presented by 12 January 
2010, in the light of the spring 
2009 proposal for a Directive 
amending Directive 2004/114 
to extend its scope of 
application to remunerated 
trainees and au-pairs. After the first report the 
Commission has a periodical 
reporting obligation. Germany, Estonia, Greece, France, 
Italy, Cyprus, Luxemburg, Malta, Poland, 
Portugal, Romania, Slovakia and Finland 
national transposing measures
74. 
The Commission is examining national 
transposition measures communicated 
by Belgium, Bulgaria, Czech Republic, 
Latvia, Lithuania, Hu ngary, Netherlands, 
Austria, Slovenia and Sweden. Spain has not yet fulfilled its 
obligation
75.  
Council Directive 2004/81 of 29 
April 2004 on the residence 
permit issued to third-country 
nationals who are victims of 
trafficking in human beings or 
who have been the subject of an 
action to facilitate illegal 
immigration, who cooperate with 
the competent authorities76 Implementa-
tion and 
communicatio
n by 5 August 
2006. A Commission report was due 
by 6 August 2008 but has 
been postponed, awaiting the 
entry into force of the Lisbon 
Treaty. After the first report 
the Commission has a 
reporting obligation every 
three years. Belgium, Czech Republic, Germany, 
Estonia, Greece, France, Italy, Cyprus, 
Latvia, Luxemburg, Malta, Poland, 
Portugal, Slovakia and Sweden have 
adopted and communicated national 
transposing measures77. 
The Commission is examining national 
transposition measures communicated 
by Bulgaria, Lithuania, Hungary, 
Netherlands, Austria, Romania, Slovenia 
and Finland. Spain  has not yet fulfilled its 
obligation
78.  
                                                 
73 OJ L 375, 23.12.2004, p. 12. 
74 Denmark, Ireland and UK are not bound by this Directive. 
75 On 19 March 2009 the Commission took a decision to send a reasoned opinion to Spain.  
76 OJ L 261, 6.8.2004, p. 19. 
77 Denmark, Ireland and UK are not bound by this Directive. 
78 Spain was referred to the Court on 19 June 2008 (case C-2008/266). 
 
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measures to the Commission Compliance/application 
Council Directive 2005/71/EC of 
12 October 2005 on a specific 
procedure for admitting third-
country nationals for the 
purposes of scientific research79 Implementa-
tion and 
communicatio
n due by 12 
October 2007 A Commission report was due 
to be presented by 13 
December 2008 but has been 
delayed to 2009. Czech Republic, Estonia, Greece, 
France, Italy, Latvia, Lithuania, 
Luxemburg, Malta, Poland, Slovenia, 
Slovakia, Finland and Sweden have 
adopted and communicated national 
transposition measures80. 
The Commission is examining national 
transposition measures communicated by Belgium, Bulgaria, Germany, Ireland, 
Hungary, Netherlands, Austria, Portugal 
and Romania.  Spain and Cyprus have not yet fulfilled 
their obligation
81.  
2.6. Fight Against Illegal Immigration 
Council Directive 2001/40 of 28 
May 2001 on the mutual 
recognition of decisions on the 
expulsion of third country 
nationals82 Implementatio
n and 
communicatio
n due by: 
2 December 
2002 for EU-
15 Member 
States; 
21 December 
2007 for EU-9 
Member 
States No report provided for under 
the Directive. All the EU-15 Member States83 have 
adopted and communicated national 
transposing measures. 
Latvia, Lithuania, Hungary, Poland and 
Slovenia have adopted and 
communicated national transposition 
measures. Czech  Republic , Estonia , Malta  and 
Slovakia  have partially fulfilled their 
obligation.  
                                                 
79 OJ L 289, 3.11.2005, p.15 
80 Denmark and UK are not bound by this Directive. 
81 Cyprus was sent a reasoned opinion on 8 May 2008. Spain was referred to the Court on 27 November 2008 (case C-2008/523). 
82 OJ L 149, 2.6.2001, p. 34. 
83 The EU-12 Member States are not bou nd to transpose Directive 2001/40/EC before the date when the Schengen acquis  will fully apply to them.  
 
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Council Directive 2001/51 of 28 
June 2001 supplementing the 
provisions of Article 26 of the 
Convention implementing the 
Schengen Agreement of 14 June 
198584 Implementatio
n and 
communicatio
n due by 11 
February 2003 No report provided for under 
the Directive. All Member States have adopted and 
communicated national transposing measures
85. 
  
Council Directive 2002/90 of 28 
November 2002 defining the 
facilitation of unauthorised entry, 
transit and residence86 Implementa-
tion and 
communicatio
n due by 5 
December 
2004 No report provided for under 
the Directive. Evaluation of 
impact, possible shortcomings 
and recast have been 
announced by the 
Commission87. All Member States have adopted and 
communicated national transposing 
measures88. 
  
Council Directive 2003/110/EC of 
25 November 2003 on 
assistance in cases of transit for 
the purposes of removal by air89 Implementa-
tion and 
communicatio
n due by 6 
December 
2005 No report provided for under 
the Directive. All Member States have adopted and 
communicated national transposition 
measures90, except Spain91.  
The Commission is examining national 
transposition measures communicated 
by Belgium92. 
  
                                                 
84 OJ L 187, 10.7.2001, p. 45. 
85 Denmark and Ireland are not bound by this Directive. 
86 OJ L 328, 5.12.2002, p. 17. 
87 Communication from the Commission on Policy priorities in the fi ght against illegal immigration of third-country nationals – C OM(2006) 402 final. 
88 Denmark and Ireland are not bound by this Directive. 
89 OJ L 321, 6.12.2003, p. 26. 
90 Denmark, Ireland and UK are not bound by this Directive. 
91 Spain was ruled against by the Court for non-communication on 14 February 2008 (case C-2007/058) and has not yet complied with  the judgment. On 23 September 
2008 it was sent a letter of formal notice under Article 228 of the EC Treaty. 
92 Belgium was ruled against by the Court for non-communication on 8 November 2007 (case C-2007/003). 
 
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Council Directive 2004/82/EC of 
29 April 2004 on the obligation of 
carriers to communicate 
passenger data93 Implementa-
tion and 
communicatio
n due by 5 
September 
2006 No reporting obligation under 
the Directive. Belgium, Bulgaria, Germany, Estonia, 
Spain, Italy, Cyprus, Luxembourg, 
Hungary, Malta and Netherlands have 
adopted and communicated national 
transposing measures94. 
The Commission is examining national 
transposition measures communicated 
by Czech Republic, Ireland, Greece, France, Latvia, Lithuania, Austria, 
Portugal, Romania, Slovenia, Slovakia, 
Finland, Sweden and UK. Poland  has not yet fulfilled its 
obligation
95.  
3. STRENGTHENING  SECURITY 
3.2. TERRORISM96 
Council Decision 2005/671/JHA 
of 20 September 2005 on the 
exchange of information and 
cooperation concerning terrorist offences
97 Implementa-
tion due by 30 
June 2006 No report provided for under 
the Decision. Not applicable: there is no obligation to 
communicate national measures under 
the Decision. Not known: no data available (no reports, no infringement 
procedures possible). 
                                                 
93 OJ l 261, 6.8.2004, p. 24. 
94 Denmark is not bound by this Directive. 
95 On 19 March 2009 the Commission decided to send a reasoned opinion to Poland. 
96 Other legislative instruments relevant to the fight against terrorism are examined in section 4.2 “Judicial cooperation in cri minal matters” (such as the Framework 
Decision on terrorism and th e European arrest warrant). 
97 OJ L 253, 29.9.2005, p. 22. Council Decision 2005/671/JHA repealed Council Decision 2003/48/JHA of 19 December 2002 on the imp lementation of specific 
measures for police and judicial cooperation to combat terroris m in accordance with Article 4 of Common Position 2001/931/CFSP (OJ L 16, 22.1.2003, p. 68). 
 
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3.3. Prevention of and Fight Against Organised Crime 
Joint Action of 21 December 
1998 adopted by the Council on 
the basis of Article K.3 of the 
Treaty on European Union, on 
making it a criminal offence to 
participate in a criminal organisation in the Member 
States of the European Union
98  29 December 
1998  No report provided for under 
the Joint Action. Not applicable: there is no obligation to 
communicate national measures under 
the Joint Action. Joint Action repealed by the Council Framework Decision 
2008/841/JHA of 24 October 2008 on the fight against organised 
crime99. 
Council Decision of 17 October 
2000 concerning arrangements 
for cooperation between financial 
intelligence units of the Member 
States in respect of exchanging 
information (2000/642/JHA)100 17 October 
2003 Under the Decision only the 
Council has a reporting 
obligation (the deadline was 
17 October 2004), but the 
Council asked the 
Commission to prepare a 
report, which was adopted on 
20 December 2007101. Not applicable, but on 24 May 2006 the 
Commission asked Member States to 
communicate transposition measures102. 
26 Member States have communicated their transposition measures. Ireland  
sent an interim reply to date. Some replies were fairly incomplete. 
 Member States can be largely considered as legally compliant 
with most of the key requirem ents of the Decision. However, 
there seems to be lack of clarity about the applicable legal 
framework on financial intelligence units related data protection 
issues. Also, more needs to be done in terms of operational 
cooperation among EU financial intelligence units. 
                                                 
98 OJ L 351, 29.12.1998, p. 1.  
99 OJ L 300, 11.11.2008, p. 42. 
100 OJ L 271, 24.10.2000, p. 4. 
101 Report from the Commission on the implementation of the Council Decision of 17 October 2000 concerning arrangements for cooper ation between financial 
intelligence units of the Member States in respect of exch anging information (2000/642/JHA) - COM(2007) 827 final. 
102 Bulgaria and Romania were requested to do so by letter of 24 January 2007. 
 
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3.4. Police and customs cooperation 
Convention of 18 December 
1997 on Mutual Assistance and 
Cooperation between customs 
administrations: (Naples II-
Convention)103 Subject to 
adoption by 
the Member 
States in 
accordance 
with their respective 
constitutional 
requirements. 
The 
Convention 
has been 
ratified by all 
Member States 
except Italy so 
far.  In 2004, a project group 
evaluated the implementation 
of Naples II-Convention. An 
update of that evaluation is 
ongoing by means of a new 
project group, under Germany's leadership and 
ISEC funding. A report should 
analyse the importance of 
assistance between customs 
administrations pursuant to 
the Naples II-Convention for 
the cooperation referred to in 
Title VI of the EU Treaty. The 
report should also indicate 
what practical, political and 
legal procedures are required 
to ensure that the best 
possible use is made of the 
Naples II instruments. Not applicable: there is no obligation to 
communicate national measures under 
the Convention. The Convention has still not been fully implemented. 
                                                 
103 OJ C 24, 23.1.1998, p. 1. 
 
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measures to the Commission Compliance/application 
Council Common Position 
2005/69/JHA of 24 January 2005 
on exchanging certain data with 
Interpol104 Implementa-
tion due by 
December 
2005 
 The Commission's first report 
on the operation of Council 
Common Position was 
adopted on 21 April 2006105. It 
should be followed by a 
Council report.  
A second report from the 
Commission was adopted on 1 August 2008
106. All Member States have answered the 
second questionnaire that was sent out 
by the Commission in order to gather the 
information to be provided by the 
member States according to Article 4 of 
the Common Position (June 2007).  According to the Commission report, the general level of 
transposition is still incomplete and further efforts are required on 
the part of the Member States, but a majority have largely 
entered into the spirit of the Common Position, mainly by feeding 
the Interpol STD database.  
The second Commission report noticed a substantial 
improvement in the operation of the Common position since 
2006. Member States have tak en various steps in order to 
comply with their obligations. However, the implementation of the 
Common Position in the fullest sense of the term is still 
incomplete and requires a more proactive and committed effort 
on the part of the Member States.  
Directive 2006/24/EC of the 
European Parliament and of the 
Council of 15 March 2006 on the 
retention of dat a generated or 
processed in connection with the 
provision of publicly available 
electronic communications 
services or of public 
communications networks and 
amending Directive 
2002/58/EC107 Implementatio
n due by 15 
September 
2007 
18 Member 
States have 
elected the 
option of 
delaying the 
implementatio
n of certain 
provisions 
until 15 March 
2009 The Commission is to submit 
to the European Parliament 
and the Council an evaluation 
of the application of this 
Directive and its impact on 
economic operators and 
consumers no later than 15 
September 2010. Belgium, Bulgaria, Czech Republic, 
Denmark, Germany, Estonia, Spain, 
France; Italy, Cyprus, Latvia, Hungary, 
Malta, Portugal, Romania, Slovenia, 
Slovakia and Finland have adopted and 
communicated national transposing 
measures. 
The Commission is examining national 
transposition measures communicated 
by Lithuania, Luxemburg and UK. Ireland , Greece , Netherlands , Austria , 
Poland  and Sweden  have not yet 
fulfilled their communication 
obligation
108. The Directive being in an advanced stage of its process of 
implementation, its impact on enhancing security can only be 
fully assessed in the years to come because of the complexity of 
the retention of t he data, notably those communicated over 
Internet. 
                                                 
104 Council Common Position 2005/69/JHA of 24 January 2005 on exchanging certain data with Interpol (OJ L 27, 29.1.2005, p. 61). 
105 COM(2006) 167 final and SEC (2006) 502. 
106 Report from the Commission to the Council: Second Monitoring and Evaluation Report on the Operation Council Common Position 20 05/69/JHA - COM(2008) 502 
final. 
107 OJ L 105, 13.4.2006, p. 54. 
108 On 23 September 2008 the Commission sent a r easoned opinion to all these Member States. 
 
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3.5. Management of crisis within the European Union 
4. STRENGTHENING  JUSTICE 
4.2. Judicial cooperation in criminal matters 
• Mutual recognition principle 
 
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Council Framework Decision of 
13 June 2002 on the European 
arrest warrant and the surrender 
procedures between Member 
States (2002/584/JHA)109 Implementa-
tion due by 31 
December 
2003 Reports from the Commission 
of 23 February 2005110 and of 
24 January 2006 (revised 
version concerning Italian 
legislation)111. An updating 
report was adopted on 11 July 
2007112.  
A round of mutual evaluations (peer review) on practical 
implementation of the 
European arrest warrant, 
based on the Joint Action of 
5 December 1997, was 
launched by the Council in 
2005 and is conducted in the 
25 Member States from 2006 
to 2009. In mid-2007 the 
Council published a report 
summarising the key findings 
in the first 10 Member States 
visited.  All Member States have communicated 
their implementing measures. Despite an initial delay of up to 16 months (Italy) and hiccups 
caused by constitutional difficulties in at least two Member States 
(Germany during part of 2005 and 2006, Cyprus), the 
implementation of the Framework Decision has been a success. 
The European arrest warrant has been operational throughout all 
the Member States including Bulgaria and Romania since 1 
January 2007.  
Although the need for certain improvements in transposition became apparent in 2005, these corrections remain peripheral to 
the process. The list of those Member States which need to 
make an effort to comply fully with the Framework Decision is 
still a long one. 
Currently the practical applicat ion of the EAW in the Member 
States is evaluated in the 4
th round of mutual evaluations. This 
round will be finished in 2009. An overall report, based on the 
evaluation reports on the individu al MSs will be drafted by the 
Councils General Secretariat. 
                                                 
109 OJ L 190, 18.7.2002, p. 1. 
110 Report from the Commission based on Article 34 of the Council Framework Decision of 13 June 2002 on the European arrest warran t and the surrender procedures 
between Member States - COM(2005) 63 and SEC(2005) 267. 
111 Report from the Commission based on Article 34 of the Council Framework Decision of 13 June 2002 on the European arrest warran t and the surrender procedures 
between Member States (revised version) - COM(2006) 8 final and SEC(2006) 79. 
112 Report from the Commission based on Article 34 of the Council Framework Decision of 13 June 2002 on the European arrest warran t and the surrender procedures 
between Member States - COM(2007) 407 final and SEC(2007) 979. 
 
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Council Framework Decision 
2003/577/JHA of 22 July 2003 on 
the execution in the European 
Union of orders freezing property 
or evidence113 Implementa-
tion due by 2 
August 2005 A report from the Commission 
was adopted on 22 December 
2008114. According to the 
Framework Decision, the 
report from the Council, based 
on the Commission’s report, 
was due by 2 August 2006 but 
slow implementation by the Member States held the 
report up.  Belgium, Bulgaria, Czech Republic, 
Denmark, Spain, Estonia, France, 
Latvia, Lithuania, Hu ngary, Netherlands, 
Austria, Poland, Slovakia, Finland, and 
Sweden have communicated their 
transposition measures. Cyprus , Slovenia  and UK have partially 
fulfilled their communication obligation. 
Germany , Greece , Ireland , Italy, 
Luxembourg , Malta,  Portugal  and 
Romania  have not yet fulfilled their 
communication obligation. The Commission report concludes that implementation of the 
Framework Decision is not satisfacto ry. This conclusion is mainly 
drawn from the low number of notifications, of which some 
implementing laws do not even refer to the Framework Decision 
(provisions were adopted in view  of implementation of some 
other international law instrument s). Cyprus and United Kingdom 
have only partially covered the provisions of the Framework 
Decision. The legislation sent by  Slovenia shows that it has not 
implemented the principle of mut ual recognition in that regard. 
National legislation received from 19 Member States indicates 
numerous omissions and misinterpr etations. There is still room 
for improvement, especially concerning direct contact between 
judicial authorities, grounds for refusal to recognise or execute 
the freezing order and also reimbursement. However, the swift 
execution of freezing orders seems ensured. 
Council Framework Decision 
2005/214/JHA of 24 February 
2005 on the application of the 
principle of mutual recognition to 
financial penalties115 Implementa-
tion due by 22 
March 2007 The Council was to assess 
the extent to which Member 
States have complied with this 
Framework Decision by 22 
March 2008, on the basis of a 
report established by the 
Commission, adopted on 22 
December 2008116. Czech Republic, Denmark, Estonia, 
France, Latvia, Lithuania, Hungary, 
Netherlands, Austria, Slovenia and 
Finland have communicated their 
transposition measures. Belgium , Bulgaria , Germany , Ireland , 
Greece , Spain , Italy, Cyprus , 
Luxemburg , Malta , Poland , Portugal , 
Romania , Slovakia , Sweden  and UK 
have not yet fulfilled their communication 
obligation. 
 The Commission report concludes that the degree of 
implementation of the Framework Decision in the national 
legislation of the Member States cannot be fully assessed at this 
stage. The transposition is not satisfactory as only eleven 
notifications have been prov ided by Member States.  
The national implementing provisions generally are in line with 
the Framework Decision, especially  regarding the most important 
issues such as abolishing dual criminality checks and the 
recognition of decisions without further formality. Unfortunately 
the analysis of grounds for refusal of recognition or execution 
proved once again that whereas  almost all Member States 
transposed them, they were implemented mostly as obligatory 
grounds. Furthermore, some additional grounds were added. 
This practice in clearly not in line with the Framework Decision. 
                                                 
113 OJ L 196, 2.8.2003, p. 45. 
114 Report from the Commission based on Article 14 of the Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution  in the European Union of 
orders freezing property or ev idence - COM(2008) 885 final. 
115 OJ L 076, 22.3.2005, p. 16. 
116 Report from the Commission based on Article 20 of the Council Framework Decision 2005/214/JHA of 24 February 2005 on the appli cation of the principle of 
mutual recognition to financial penalties - COM(2008) 888 final. 
 
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Council Framework Decision 
2006/783/JHA of 6 October 2006 
on the application of the principle 
of mutual recognition to 
confiscation orders117 Implementatio
n due by 24 
November 
2008 The Council is to assess the 
extent to which Member 
States have complied with this 
Framework Decision by 24 
November 2009, on the basis 
of a report established by the 
Commission.  Only four Member States - Austria, 
Romania, Finland and Sweden – have 
communicated their transposition 
measures before the set deadline. It is likely that the preparation of  the implementation report of the 
Commission will have to be delayed due to the very low number 
of notifications received at the time of the set deadline.   
                                                 
117 OJ L 328, 24.11.2006, p. 59. 
 
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• Approximation 
Convention on the protection of 
the European Communities' 
financial interests (PFI) of 26 July 
1995118 and its protocols119 The PFI 
Convention, 
the 1st 
Protocol and 
the ECJ 
Protocol 
entered into 
force on 17 
October 2002 
following 
ratification by 
the then 15 
Member 
States120. 
Ratification of 
the 2nd 
Protocol by 
Italy is still 
awaited121.  The Commission took the 
initiative of adopting a report, 
on 25 October 2004, on 
implementation by Member 
States of the Convention on 
the protection of the European 
Communities’ financial 
interests and its protocols122. 
On 14 February 2008 the 
Commission adopted a 
second report on the 
implementation of the 
Convention and its 
protocols123. All EU-15 Member States, as well as 
Bulgaria, Estonia, Cyprus, Latvia, 
Lithuania, Romania, Slovenia and 
Slovakia, have fulfilled their obligation to 
transmit to the Commission, in 
accordance with Article 10 of the PFI 
Convention (as also referred to in Article 
7(2) of the 1st Protocol and Article 12(1) 
of the 2nd Protocol),  the texts of the 
provisions transposing into domestic law 
the obligations imposed on Member 
States under the PFI instruments by 
Member States.  According to the first report, although the level of effective 
criminal-law protection of the EC’s financial interests has 
increased, gaps and loopholes in the law which allow offences to 
go unpunished remain possible. The second report reflects the 
state of play of trans position in the EU-15 Me mber States in the 
light of conclusions of  the previous report as well as with regard 
to the EU-12 Member States. Notwithstanding some progress 
which was achieved since 2004 there are still considerable 
deficits and shortcomings in cr iminal law protection of the 
Community's financial interests, delays in ratification and 
incorrect implementation. 
                                                 
118 OJ C 316, 27.11.1995, p. 49. 
119 Protocol to the Convention on the protection of the European Communities' financial interests of 27 September 1996 (OJ C 313, 23.10.1996, p. 2); protocol on the 
interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the pro tection of the European 
Communities' financial interests of 29 November 1996 (OJ C 151, 20.5.1997, p. 2); and second protocol to the Convention on the protection of the European 
Communities' financial interests of 19 June 1997 (OJ C 221, 19.7.1997, p. 12). 
120 The Convention, the 1st Protocol and the ECJ Protocol have also entered into force for Bulgaria, Estonia, Cyprus, Latvia, Lithuania, Romania, Slovenia  and Slovakia, 
while the ECJ Protocol – for Cyprus, Latvia, Lithuania and Slovakia. 
121 In addition to the EU-15 Member States, Estonia, Cyprus, Latvia, Lithuania and Slovakia have also ratified the 2nd Protocol. 
122 COM(2004) 709 and SEC(2004) 1299. 
123 COM(2008) 77 final and SEC(2008) 188. 
 
EN - 31 -   EN Current state of play3 
Legal instrument1 Deadline for 
implementa-
tion/ entry 
into force Reports and other in-
depth analysis2 Communication of national 
measures to the Commission Compliance/application 
Council Framework Decision of 
29 May 2000 on increasing 
protection by criminal penalties 
and other sanctions against 
counterfeiting in connection with 
the introduction of the euro 
(2000/383/JHA)124 Implementa-
tion due by 31 
December 
2000 
(Article 5a) 
and 29 May 
2001 (other 
Articles)125  Two Commission reports, 
dated 13 December 2001126 
and 3 September 2003127, 
served as a basis for the 
Council reports, the latest one 
being dated 25 October 
2004128. The third report from 
the Commission was adopted on 17 September 2007
129.  By now all Member States have finally 
provided the information to the 
Commission.  The third report looks at the state of play of transposition of the 
Framework Decision in the 15 Mem ber States in the light of the 
conclusions of the second report, as well as at the legislative 
situation in the 12 "new" Member States. According to the third 
report the transposition of the FD is estimated to be satisfactory 
overall, despite some failures to transpose. The offences and 
penalties proposed in the Framework Decision have indeed been 
incorporated into the Member St ates' legislation. The euro is 
therefore protected by the effici ent and effective measures called 
for by the Framework Decision. The Framework Decision has 
therefore achieved its objective. 
                                                 
124 OJ L 140, 14.6.2000, p. 1. Amended by the Council Framework Decision of 6 December 2001 amending Framework Decision 2000/383/J HA on increasing 
protection by criminal penalties and other sanctions against count erfeiting in connection with the introduction of the euro (20 01/888/JAI) - OJ L 329, 14.12.2001, 
p. 3. 
125 31 December 2002 for the Council Fram ework Decision of  6 December 2001. 
126 Report from the Commission based on Article 11 of the Council Framework Decision of 29 May 2000 on increasing protection by cr iminal penalties and other 
sanctions against counterfeiting in connection with the introductio n of the euro - COM(2001) 771, 13.12.2001 and SEC(2001) 1999 . 
127 Second Commission report based on Article 11 of the Council Framework Decision of 29 May 2000 on increasing protection by crim inal penalties and other 
sanctions against counterfeiting in connection with the introducti on of the euro - COM(2003) 532, 3.9.2003 and SEC(2003) 936. T his report does not cover the new 
Article 9a of the Framework Decision on recognition of previous convictions, as inserted by Council Framework Decision 2001/888 /JHA of 6 December 2001. The 
Member States had provided no data on this subject by the date of this report. 
128 DROIPEN 25, rev.2. 
129 Third report from the Commission based on Article 11 of the Council Framework Decision of 29 May 2000 on increasing protection  by criminal penalties and other 
sanctions against counterfeiting in connection with the introductio n of the euro - COM(2007) 524, 17.9.2007 and SEC(2007) 1158.   
 
EN - 32 -   EN Current state of play3 
Legal instrument1 Deadline for 
implementa-
tion/ entry 
into force Reports and other in-
depth analysis2 Communication of national 
measures to the Commission Compliance/application 
Council Framework Decision of 
15 March 2001 on the standing 
of victims in criminal proceedings 
(2001/220/JHA)130 Implementa-
tion due by 22 
March 2002, 
22 March 
2004 (Articles 
5 and 6) and 
22 March 
2006 (Article 10) The Commission’s first report 
on implementation of all the 
Articles (except Articles 5, 6 
and 10) was adopted on 16 
February 2004
131. The 
Council report, dated 24 
February 2005132, endorses in 
substance the Commission’s conclusions. 
A supplementary report is 
planned for the EU-10 
Member States. The second 
report (on the implementation 
of Articles 5 and 6), due in the 
last quarter of 2004, was not 
completed in time due to 
delays in answers from the 
Member States. 
A third report on Article 10, for 
which the deadline for 
transposition is 22 March 
2006, should also be adopted. 
The Commission plans to 
present a single report 
combining these two reports 
in April 2009. Belgium, Bulgaria, Czech Republic, 
Denmark, Germany, Estonia, Ireland, 
Spain, France, Italy, Lithuania, 
Luxembourg, Hungary, Netherlands, 
Austria, Poland, Portugal, Romania, 
Slovenia, Slovakia, Finland, Sweden and 
United Kingdom have communicated 
their transposition measures. 
Greece , Cyprus , Latvia  and Malta , and 
have not fulfilled their communication 
obligation. 
 The Commission has made a concerted effort to obtain all 
outstanding information concerning transposition of this 
Framework Decision. A consolidated report is to be adopted in 
April 2009 showing the state of transposition for all Member 
States for all articles. 
The implementation in Member  States of the Framework 
Decision is rather poor. The obligations are too vague to be 
implemented in a way that guaran tees an effective service and 
proper protection. Better compliance with the Framework 
Decision probably cannot be achieved with the current text. 
 
                                                 
130 OJ L 82, 22.3.2001, p. 1. 
131 Report from the Commission on the basis of Article 18 of the Council Framework Decision of 15 March 2001 on the standing of vi ctims in criminal proceedings of 
16 February 2004 - COM(2004) 54 final/2 and SEC(2004) 102. 
132 COPEN 137, REV 2. 
 
EN - 33 -   EN Current state of play3 
Legal instrument1 Deadline for 
implementa-
tion/ entry 
into force Reports and other in-
depth analysis2 Communication of national 
measures to the Commission Compliance/application 
Council Framework Decision of 
28 May 2001 on combating fraud 
and counterfeiting of non-cash 
means of payment 
(2001/413/JHA)133 Implementa-
tion due by 2 
June 2003 The report from the 
Commission of 30 April 
2004134 served as a basis for 
the Council’s report of 25 
October 2004135. The 
Commission adopted a 
second report on 20 February 
2006136. Greece , Luxembourg137, Cyprus138, 
Estonia, Hungary, Malta  and Slovenia  
had not yet fully fulfilled their 
communication obligation. The second Commission report showed that most of the Member 
States which had communicated their national transposition 
measures to the Commission were complying explicitly or, in 
some cases, implicitly with the Framework Decision. 
Council Framework Decision of 26 June 2001 relating to money 
laundering, the identification, 
tracing, freezing or seizing and 
confiscation of the 
instrumentalities and proceeds 
from crime (2001/500/JHA)
139 Implementa-
tion due by 31 
December 
2002 The report from the 
Commission of 5 April 2004140 
served as a basis for the 
report from the Council dated 
25 October 2004141. 
A second report was released 
on 21 February 2006142. It 
focused on trans position in 
the 10 new EU Member 
States. 
Further details are given in 
the regular review of 
implementation of the Action 
Plan to combat terrorism143.  At the date of adoption of the 
Commission’s second report, all EU 
Member States had communicated their 
transposition measures, with the exception of Malta
144. The latest Commission report showed that overall transposition 
is satisfactory in the 24 Member States assessed. 
Nevertheless, no further information gave any reason to revise 
the unfavourable assessment in the first report concerning Luxembourg . Communication transmitted by Greece are to be 
evaluated.  Minor flaws also seem to exist in Austria, Hungary and Latvia. 
 
                                                 
133 OJ L 149, 2.6.2001, p. 1. 
134 COM(2004) 346 and SEC(2004) 532. 
135 DROIPEN 38, rev.2. 
136 COM(2006) 65 and SEC(2006) 188. 
137 Greece and Luxemburg reported th at their transposition legislati on is before their Parliament. 
138 Cyprus  has not given the Commission adequate information for a full evaluation of the conformity of its legislation with the Framework  Decision. 
139 OJ L 182, 5.7.2001, p. 1. 
140 COM(2004) 230 and SEC(2004) 383. 
141 DROIPEN 24, REV 2. 
142 COM(2006) 72 and SEC(2006) 219. 
143 Last version dated 24 May 2006, SEC(2006) 686. 
144 The information provided by Greece was incomplete but Greece fulfilled its communication obligation in August 2006. 
 
EN - 34 -   EN Current state of play3 
Legal instrument1 Deadline for 
implementa-
tion/ entry 
into force Reports and other in-
depth analysis2 Communication of national 
measures to the Commission Compliance/application 
Council Framework Decision of 
13 June 2002 on combating 
terrorism (2002/475/JHA)145 Implementa-
tion due by 31 
December 
2002 The first report from the 
Commission of 8 June 
2004146 served as a basis for 
the Council’s report dated 25 
October 2004147. 
The second report from the 
Commission was adopted on 
6 November 2007148.  At the current stage, all Member States 
have communicated their transposition 
measures, although they are not always 
complete. Most Member States evaluated for the first time have satisfactory 
achieved implementation of the ma in provisions contained in the 
Framework Decision. Neverthele ss, some major issues stand 
out. Concerning the Member Stat es evaluated for the second 
time, the additional information they have sent has allowed the 
Commission to generally conclude that there is a higher level of 
compliance. However, most of t he main deficiencies identified in 
the first evaluation report remain unchanged.  
Council Framework Decision of 
19 July 2002 on combating 
trafficking in human beings 
(2002/629/JHA)149 Implementa-
tion due by 1 
August 2004  A report from the 
Commission's based on 
Article 10 of the Council 
Framework Decision was 
adopted on 2 May 2006150. 
The report from the Council, 
based on the Commission’s 
report, was due on 1 August 
2005.  Luxembourg151, Portugal , Lithuania  
and Ireland  have not yet fulfilled their 
communication obligation. Subject to the missing notifications from four Member States, the 
Commission report suggests that the general level of 
implementation is quite satisfactory, although some 
improvements are still needed on some provisions.   
                                                 
145 OJ L 164, 22.6.2002, p. 3. 
146 Report from the Commission based on Article 11 of the Council Framework Decision of 13 June 2002 on combating terrorism - COM( 2004) 409, 8.6.2004 and 
SEC(2004) 688 . 
147 DROIPEN 40, rev.2. 
148 Report from the Commission based on Article 11 of the Council Framework Decision of 13 June 2002 on combating terrorism - COM( 2007) 681 final, 6.11.2007 
and SEC(2007) 1463 . 
149 OJ L 203, 1.8.2002, p. 1. 
150 COM(2006) 187 final and SEC(2006) 525. 
151 Luxemburg stated that it was awaiting finalisation of the discussion within the Council of Europe before implementing the Fram ework Decision. 
 
EN - 35 -   EN Current state of play3 
Legal instrument1 Deadline for 
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tion/ entry 
into force Reports and other in-
depth analysis2 Communication of national 
measures to the Commission Compliance/application 
Council Framework Decision of 
28 November 2002 on the 
strengthening of the penal 
framework to prevent the 
facilitation of unauthorised entry, 
transit and residence 
(2002/946/JHA)152  Implementa-
tion due by 5 
December 
2004 A report from the Commission 
based on Article 9 of the 
Council Framework Decision 
was adopted on 6 December 
2006153. Evaluation of impact, 
possible shortcomings and 
recast has been 
announced154. Greece , Cyprus , Luxembourg , Austria  
and Portugal  have not yet fulfilled their 
communication obligation. 
Estonia , Spain , Malta  and Sweden  
have only partially fulfilled their 
communication obligation. According to the Commission's report, not all Member States 
have transmitted to the Commission in a timely manner all the 
relevant texts of their impl ementing provisions. Further 
evaluation on the basis of more reliable information may be 
necessary. 
Council Framework Decision 
2003/568/JHA of 22 July 2003 on 
combating corruption in the 
private sector155 Implementa-
tion due by 22 
July 2005 A report from the Commission 
was adopted on 18 June 
2007156. According to the 
Framework Decision, the 
report from the Council, to be 
based on the Commission’s 
report, was due by 22 October 
2005. Belgium, France, Italy, Luxemburg, 
Hungary, Austria, Portugal, Slovenia, 
Slovakia, Finland, Sweden and UK have 
communicated their transposition 
measures. 
Greece , Spain , Cyprus  and Malta have 
not yet fulfilled their communication 
obligation157. Czech Republic  has only 
communicated draft legislation.  20 Member States have provided the Commission with 
transposition commentaries and legislation. No Member State  
can be considered to have fully implemented the Framework 
Decision. In particular the Articles 2 and 7 are poorly 
implemented. The Commission has in its report expressed its 
concern regarding the fact that the transposition of the 
Framework Decision is still at an early stage among Member 
States.  
                                                 
152 OJ L 328, 5.12.2002, p. 1. 
153 Report from the Commission based on Article 9 of the Council Framework Decision of 28 November 2002 on the strengthening of th e penal framework to prevent 
the facilitation of unauthorised entry, transit and residence: COM(2006) 770 final, 6.12.2006 and SEC(2006) 1591. 
154 COM(2006) 402 final. 
155 OJ L 192, 31.7.2003, p. 54. 
156 COM(2007) 328 final and SEC/2007/808. 
157 Although Greece and Spain have indicated  that legislation is being prepared. 
 
EN - 36 -   EN Current state of play3 
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tion/ entry 
into force Reports and other in-
depth analysis2 Communication of national 
measures to the Commission Compliance/application 
Council Framework Decision 
2004/68/JHA of 22 December 
2003 on combating the sexual 
exploitation of children and child 
pornography158  Implementa-
tion due by 20 
January 2006 A report from the Commission 
was adopted on 16 November 
2007159. The report from the 
Council, based on the 
Commission’s report, was due 
in 2008. Belgium, Czech Republic, Denmark, 
Germany, Estonia, Spain, France, 
Ireland, Italy, Cyprus, Latvia, Lithuania, 
Luxembourg, Hungary, Netherlands, 
Austria, Poland, Slovakia, Slovenia, 
Finland, Sweden and UK have 
communicated their transposition 
measures. 
At the time of the implementation report, 
Greece , Malta and  Portugal  had not yet 
fulfilled their communication obligation. In the meantime, Portugal has 
communicated its implementation 
measures. 
 According to the Commission's Report, the requirements set out 
in the Framework Decision have been met by almost all of the 
Member States. However, full information has not been received 
on many points, and it is in particular not possible to provide a 
precise assessment of the rang e of exemption from criminal 
liability concerning some types of child pornography. 
                                                 
158 OJ L 13, 20.1.2004, p. 44. 
159 Report from the Commission based on Articl e 12 of the Council Framework Decision of 22 December 2003 on combating the sexual e xploitation of children and 
child pornography - COM(2007) 716 final. 
 
EN - 37 -   EN Current state of play3 
Legal instrument1 Deadline for 
implementa-
tion/ entry 
into force Reports and other in-
depth analysis2 Communication of national 
measures to the Commission Compliance/application 
Council Framework Decision 
2005/212/JHA of 24 February 
2005 on Confiscation of Crime-
Related Proceeds, 
Instrumentalities and Property160 Implementa-
tion due by 15 
March 2007 The Council is to assess the 
extent to which Member 
States have complied with this 
Framework Decision by 15 
June 2007, on the basis of a 
report established by the 
Commission. A report from 
the Commission was adopted on 12 December 2007
161. Belgium, Bulgaria, Czech Republic, 
Denmark, Germany, Estonia, France, 
Italy, Cyprus, Latvia, Lithuania, 
Luxemburg, Hungary, Netherlands, 
Austria, Portugal, Romania, Slovenia, 
Finland and Sweden have 
communicated their transposition 
measures. 
Spain , Ireland , Greece , Malta , Poland , 
Slovakia  and UK had not yet fulfilled 
their communication obligation at the time of the adoption of the report, but 
Malta, Poland and UK have later 
communicated full transpositions 
measures. Ten of the Member States hav e in principle transposed the 
Framework Decision, while six Member States ( Bulgaria , 
Ireland , Lithuania , Malta , Romania  and Sweden ) have 
transposed it in part. 
Council Framework Decision 2005/222/JHA of 24 February 
2005 on attacks against 
information systems
162 Implementa-
tion due by 16 
March 2007 The Council is to assess the 
extent to which Member 
States have complied with this 
Framework Decision by 16 
September 2007, on the basis 
of a report established by the 
Commission. The 
Commission adopted a report 
on 14 July 2008163 which 
should serve as a basis for 
the Council's report. Belgium, Czech Republic, Denmark, 
Germany, Cyprus, Lithuania, Latvia, 
Luxemburg, Italy, Hungary, Netherlands, 
Austria, Portugal, Romania, Slovenia, 
Finland and Sweden have 
communicated their transposition 
measures. Spain , Ireland , Greece , Malta , Poland , 
Slovakia  and UK have not yet fulfilled 
their communication obligation. 
 According to the Commission's report, the Framework Decision 
is still being implemented in Mem ber States. Significant progress 
has been made in practically all the 20 Member States 
assessed, and the level of implem entation has been found to be 
relatively good. 
                                                 
160 OL L 068, 15.3.2005, p. 49. 
161 Report from the Commission pursuant to Article 6 of the Council Framework Decision of 24 February 2005 on confiscation of crim e-related proceeds, 
instrumentalities and property (2005/212/JHA) - (COM(2007) 805 final). 
162 OJ L 069, 16.3.2005, p. 67. 
163 Report from the Commission to the Council: based on Article 12 of  the Council Framework Decision of 24 February 2005 on attack s against information systems - 
COM(2008) 448 final 
 
EN - 38 -   EN Current state of play3 
Legal instrument1 Deadline for 
implementa-
tion/ entry 
into force Reports and other in-
depth analysis2 Communication of national 
measures to the Commission Compliance/application 
• Other instruments in the field of judicial cooperation in criminal matters 
Council Framework Decision 
2002/465/JHA of 13 June 2002 
on joint investigation teams164  Implement-
ation due by 1 
January 2003 The Commission adopted a 
report on 7 January 2005165, 
which should serve as a basis 
for the Council’s report. 
Further details are given in 
the regular review of 
implementation of the Action 
Plan to combat terrorism166.  After the adoption of the Commission's 
report, Belgium, Czech Republic, 
Ireland, Cyprus, Poland and Slovakia 
communicated national transposing 
measures. Lithuania and Hungary sent 
further legislation. Greece , Italy and 
Luxembourg  informed that draft bill 
were to be discussed. Legal implementation of the Framework Decision is very 
unsatisfactory.  
At the date of adoption of the Commission's report167, Spain was 
the only Member State fully co mplying (the remaining then 24 
EU Member States  were not). The other legislation assessed by 
the Commission in its report has been considered as not, or not fully, compliant with the Framework Decision. 
Council Framework Decision 2006/960/JHA of 18 December 
2006 on simplifying the exchange of information and 
intelligence between law 
enforcement authorities of the 
Member States of the European 
Union
168 Implementatio
n due by 19 
December 2008 The Council is to assess the 
extent to which Member 
States have complied with this Framework Decision by 19 
December 2011, on the basis 
of a report established by the 
Commission by 19 December 
2010. No information available yet.  
Council Decision 2007/845/JHA 
of 6 December 2007 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, crime169 Implementatio
n due by 18 
December 
2008 The Council is to assess the 
extent to which Member 
States have complied with this 
Framework Decision by 18 
December 2010, on the basis 
of a report established by the 
Commission. No information available yet.  
                                                 
164 OJ L 162, 20.6.2002, p. 1. 
165 Report from the Commission on national measures taken to comply with the Council Framework Decision of 13 June 2002 on Joint I nvestigation Teams: 
COM(2004) 858, 7.1.2005 and SEC(2004) 1725 – mentioned in OJ C 64, 16.3.2005. 
166 Last version dated 24 May 2006, SEC(2006) 686. 
167 Required information was forwarded by Denmark, Germany, Spain, France, Latvia, Lithuania, Hungary, Malta, Netherlands, Austria , Portugal, Finland, Sweden and 
UK. 
168 OJ L 386, 29.12.2006, p. 89 and corrigendum OJ L 75, 15.3.2007, p. 26. 
169 OJ L 332, 18.12.2007, p. 103. 
 
EN - 39 -   EN Current state of play3 
Legal instrument1 Deadline for 
implementa-
tion/ entry 
into force Reports and other in-
depth analysis2 Communication of national 
measures to the Commission Compliance/application 
• Eurojust 
Council Decision of 28 February 
2002 setting up Eurojust with a 
view to reinforcing the fight 
against serious crime 
(2002/187/JHA)170  Implementa-
tion and 
communicatio
n are due by 6 
September 
2003 A report from the 
Commission, although not 
provided for under the 
Decision, was adopted on 6 
July 2004171. 
A Communication from the 
Commission and the 
Parliament on the future of 
Eurojust, comp rising the 
second report and proposals 
for strengthening Eurojust and 
its relationship with the 
European Judicial Network 
was adopted on 23 October 
2007172. Not applicable: there is no obligation to 
communicate national measures under 
the Decision.  According to the Communication, the implementation of the 
Eurojust Decision by Member States is uneven. Some Member 
States have amended their legisl ation, others have not. There 
are significant differences in the status of national members 
regarding e.g. the term of office of national members and the 
powers that Member States have conferred on them. These 
differences hamper Eurojust to operate as efficiently as possible 
and to use its full potential. 
                                                 
170 OJ L 63, 6.3.2002, p. 1. 
171 Report from the Commission on the Legal Transposition of the Council Decision of 28 February 2002 setting up Eurojust with a v iew to Reinforcing the Fight 
Against Serious Crime: COM(2004) 457 and SEC(2004) 884 – mentioned in OJ C 313, 18.12.2004. 
172 Communication from the Commission to the Council and the European Parliament on the role of Eurojust and the European Judicial  Network in the fight against 
organised crime and terrorism in the European Union - COM(2007) 644 final. 
 
EN - 40 -   EN Current state of play3 
Legal instrument1 Deadline for 
implementa-
tion/ entry 
into force Reports and other in-
depth analysis2 Communication of national 
measures to the Commission Compliance/application 
4.3. Judicial cooperation in civil matters 
• Mutual recognition of decisions a nd elimination of obstacles to th e proper functioning of proceedings 
Council Directive 2003/8 of 
27 January 2003 to improve 
access to justice in cross-border 
disputes by establishing 
minimum common rules relating 
to legal aid for such disputes173 Implementa-
tion due by 30 
November 
2004 (all 
Articles 
except Article 
3(2)(a)) or by 
no later than 
30 May 2006 
(Article 
3(2)(a)) No report from the 
Commission is provided for 
under the Directive. 
2009/JLS/046 Report on the 
application of the Council 
Directive on legal aid 
proposed to be postponed to 
2010. All Member States have adopted and 
communicated national transposing 
measures174.  
Council Directive 2004/80 of 29 
April 2004 relating to 
compensation to crime victims175  Implementa-
tion due by 1 
January 2006 A report from the Commission 
was due by 1 January 2009 
under the Directive. 
2008/JLS/125 Report on 
Council Directive relating to 
compensation to crime victims 
- adoption postponed to 7 
April 2009. All Member States have adopted and 
communicated national transposing measures, except Greece
176. 
  
                                                 
173 OJ L 26, 31.1.2003, p. 41. 
174 Denmark is not bound by this Directive. 
175 OJ L 261, 6.8.2004, p. 15. 
176 Greece was ruled against by the Court for no n-communication on 18 July 2007 (case C-2 007/026) and has not yet complied with th e judgment. It was sent a reasoned 
opinion under Article 228 of the EC Treaty on 23 September 2008. 
 
EN - 41 -   EN Current state of play3 
Legal instrument1 Deadline for 
implementa-
tion/ entry 
into force Reports and other in-
depth analysis2 Communication of national 
measures to the Commission Compliance/application 
Council Regulation (EC) No 
1206/2001 of 28 May 2001 on 
cooperation between the courts 
of the Member States in the 
taking of evidence in civil or 
commercial matters177  Entry into 
force: 1 July 
2001. 
Application 
from 
1 January 
2004, except 
for Articles 19, 21 
and 22, which 
will apply 
from 1 July 
2001 A study on application of this 
Regulation has been 
launched in 2006. Final report 
of the study was delivered in 
mid-2007. The report of the 
Commission (first five-yearly 
report) was adopted on 5 
December 2007
178.  Not applicable. The report concludes that the application of the Regulation has 
generally improved, simplified an d accelerated the cooperation 
between the courts on the taking of evidence in civil or 
commercial matters. The Regulation has achieved its two main 
objectives, namely to simplify the cooperation between Member 
States and to accelerate the performance of the taking of 
evidence, to a relatively satisfactory extent. Simplification has 
been brought about mainly by the introduction of direct court-to-court transmission (although requests are still sometimes or 
even often sent to central bodies ), and by the introduction of 
standard forms. As far as accele ration is concerned, it can be 
concluded that most requests for the taking of evidence are 
executed faster than before the entry into force of the Regulation 
and within 90 days as foreseen by the Regulation. 
Council Regulation (EC) No 
44/2001 of 22 December 2000 
on jurisdiction and the 
recognition and enforcement of 
judgments in civil and 
commercial matters179 Entry into 
force on 
1 March 2002 A report from the Commission 
is due five years after the 
entry into force of this 
Regulation. 
An evaluation study of 
application of Regulation 
44/2001 was launched in 
2005. It was delivered end 
2007.  Not applicable. In September 2009 the Commission is to adopt: 
- Evaluation report on the application of the Brussels I 
Regulation. 
- Green Paper in order to make a new legislative proposal for the 
amendment and the modernisa tion of this Regulation. 
                                                 
177 OJ L 174, 27.6.2001, p. 1. 
178 Report from the Commission to the Council, the European Parliame nt and the European Economic and Social Committee on the appli cation of the Council 
Regulation (EC) 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in ci vil or commercial matters - 
COM(2007) 769 final. 
179 OJ L 12, 16.1.2001, p. 1. 
 
EN - 42 -   EN Current state of play3 
Legal instrument1 Deadline for 
implementa-
tion/ entry 
into force Reports and other in-
depth analysis2 Communication of national 
measures to the Commission Compliance/application 
Council Regulation (EC) 
No 1348/2000 of 29 May 2000 
on the service in the Member 
States of judicial and extrajudicial 
documents in civil or commercial 
matters180 Entry into 
force on 31 
May 2001 The first five-yearly report 
from the Commission was 
adopted on 1 October 
2004181. After the adoption of 
the new Regulation on the 
service of documents in 
November 2007, another 
report is expected in 2011 and every 5 years thereafter. Not applicable The Commission's report shows that the Regulation has 
generally improved and expedit ed the transmission and service 
of documents between Member States. Nevertheless, the 
application of certain provisions was not fully satisfactory. For this reason, on 13 November 2007, the Regulation (EC) No 
1393/2007 of the European Parliament and of the Council was 
adopted. 
                                                 
180 OJ L 160, 30.6.2000, p. 37. On 7 July 2005 the Commission adopted a proposal to improve the current provisions on the service in the Member States of judicial and 
extrajudicial documents in civil or commercial matters. The purpose of these amendments is to speed up and streamline the proce dures - COM(2005) 305. 
181 COM(2004) 603 and SEC(2004) 1145. 
 
EN - 43 -   EN Current state of play3 
Legal instrument1 Deadline for 
implementa-
tion/ entry 
into force Reports and other in-
depth analysis2 Communication of national 
measures to the Commission Compliance/application 
Regulation (EC) No 1393/2007 of 
the European Parliament and of 
the Council on 13 November 
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) No 
1348/2000182 Entry into 
force on 13 
November 
2008 No later than 1 June 2011, 
and every five years 
thereafter, the Commission 
shall present to the European 
Parliament, the Council and 
the European Economic and 
Social Committee a report on 
the application of this 
Regulation. Not applicable As of 13 November 2008 , the new Regulation replaces Council 
Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil 
or commercial matters. 
The main modifications with respect to Council Regulation (EC) 
No 1348/2000 are:  
• Introduction of a rule providing that the receiving agency shall 
take all necessary steps to effect the service of the document 
as soon as possible, and in any event within one month of 
receipt.  
• Introduction of a new standard form to inform the addressee 
about his right to refuse to ac cept the document to be served 
at the time of service or by returning the document to the 
receiving agency within one week.  
• Introduction of a rule providing that costs occasioned by 
recourse to a judicial officer or to a person competent under 
the law of the Member State addressed shall correspond to a 
single fixed fee laid down by that Member State in advance 
which respects the principles of proportionality and non-
discrimination.  
Introduction of uniform conditions for service by postal services 
(registered letter with acknowledgement of receipt or equivalent).  
                                                 
182 OJ L 324, 10.12.2007., p. 79. 
 
EN - 44 -   EN Current state of play3 
Legal instrument1 Deadline for 
implementa-
tion/ entry 
into force Reports and other in-
depth analysis2 Communication of national 
measures to the Commission Compliance/application 
Council Regulation (EC) 
No 2201/2003 of 27 November 
2003 concerning jurisdiction and 
the recognition and enforcement 
of judgments in matrimonial 
matters and the matters of 
parental responsibility, repealing 
Regulation (EC) No 1347/2000 ("Brussels II bis Regulation")
183 Entry into force 
on 1 March 
2005, with the 
exception of 
Articles 67, 68, 
69 and 70, 
which will 
apply from 1 August 2004. No later than 1 January 2012, 
and every five years 
thereafter, the Commission 
will present a report on 
application of the Regulation. All Member States have communicated 
information relating to courts and 
redress procedures. 
 It seems necessary to improve knowledge of the instrument and 
training for practitioners and central authorities
184. A Practise 
Guide conceived by the Commission has been disseminated in 
2006 among the EU judges; an information campaign is foreseen 
in 2008. 
*** 
                                                 
183 OJ L 338, 23.12.2003, p. 1. 
184 For this purpose, in 2005 the Commission published a practical guide to application of the Brussels II bis Regulation.