WRITTEN QUESTION E-3156/02

by Isidoro Sánchez García (ELDR) to the Council

(5 November 2002)

Subject: Measures to establish an area of freedom, security and justice in the EU

In Title IV of the EC Treaty on visas, asylum, immigration and other policies related to free movement of persons, Article 61 stipulates that the Council should adopt a series of measures to establish progressively an area of freedom, security and justice within a period of five years after the entry into force of the Treaty of Amsterdam.

What measures has the Council adopted to ensure the free movement of persons, and with respect to external border controls, asylum and immigration, and what has it done to prevent and combat crime in accordance with the provisions of Article 61(e) of the EU Treaty?

Reply

(20 February 2003)

A large number of measures to establish an area of freedom, security and justice in the European Union have been adopted by the Council since the Treaty of Amsterdam. In accordance with the Treaty on European Union, the European Parliament was consulted on each legal instrument before it was adopted.

The Honourable Member will find those measures listed below according to subject matter:

A. Asylum

- Council Decision 2000/596/EC of 28 September 2000 establishing a European Refugee Fund(1),

- 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(2),

- Council Directive 2001/55/EC 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(3),

- Council Regulation (EC) No 407/2002 of 28 February 2002 laying down certain rules to implement Regulation (EC) No 2725/2000 concerning the establishment of Eurodac for the comparison of fingerprints for the effective application of the Dublin Convention(4),

B. Migration

- Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals(5),

- Comprehensive plan to combat illegal immigration and trafficking of human beings in the European Union, adopted by the Council on 28 February 2002(6).

C. Visas

- Council Regulation (EC) No 1091/2001 of 28 May 2001 on freedom of movement with a long-stay visa(7),

- Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement(8),

- Council Regulation (EC) No 2414/2001 of 7 December 2001 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement(9),

- Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals(10),

- Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form(11),

- Council Regulation (EC) No 334/2002 of 18 February 2002 amending Regulation (EC) No 1683/95 laying down a uniform format for visas(19),

- Council Regulation (EC) No 789/2001 of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for examining visa applications(12),

- Council Decision 2001/329/EC of 24 April 2001 updating part VI and Annexes 3, 6 and 13 of the Common Consular Instructions and Annexes 5(a), 6(a) and 8 to the Common Manual(20),

- Council Decision 2001/420/EC of 28 May 2001 on the adaptation of Parts V and VI and Annex 13 of the Common Consular Instructions on Visas and Annex 6a to the Common Manual with regard to long-stay visas valid concurrently as short-stay visas(21),

- Council Decision 2002/44/EC of 20 December 2001 amending Part VII and Annex 12 to the Common Consular Instructions and Annex 14a to the Common Manual(13),

- Council Decision 2002/352/EC of 25 April 2002 on the revision of the Common Manual(14),

- Council Decision 2002/353/EC of 25 April 2002 on declassifying Part II of the Common Manual adopted by the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985(22),

- Council Decision 2002/354/EC of 25 April 2002 on the adaptation of Part III of, and the creation of an Annex 16 to, the Common Consular Instructions(23),

- Corrigendum to Council Decision 2002/354/EC(15) This corrigendum does not concern the English version,

- Council Decision 2002/585/EC of 12 July 2002 on the adaptation of parts III and VIII of the common consular instructions(16),

- Council Decision 2002/586/EC of 12 July 2002 on the amendment of part VI of the common consular instructions(24),

- Council Decision 2002/587/EC of 12 July 2002 on the revision of the Common Manual(25).

D. Border control

- Council Regulation (EC) No 790/2001 of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for carrying out border checks and surveillance(26),

- Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985(17),

- Plan for the management of the external borders of the Member States of the European Union, adopted by the Council on 13 June 2002.

E. Organised crime

- The Council has adopted a number of action plans or programmes, such as the Action Plan to combat Organised Crime adopted by the Amsterdam European Council on 16 and 17 June 1997, the 2000 Action Plan(18), or the Action Plan against Terrorism, adopted at the Extraordinary European Council on 21 September 2001 following the events of 11 September 2001.

Primarily on the basis of the above action plans or programmes, the Council has adopted a series of instruments in the shape either of conventions or of framework decisions aimed at combating or preventing organised crime. The Council invites the Honourable Member to refer to the communiqués issued after the meetings at which those instruments were adopted, and which may be found on its website.

(1) OJ L 252, 6.10.2000.

(2) OJ L 316, 15.12.2000.

(3) OJ L 212, 7.8.2001.

(4) OJ L 62, 5.3.2002.

(5) OJ L 149, 2.6.2001.

(6) OJ C 142, 14.6.2002.

(7) OJ L 150, 6.6.2001.

(8) OJ L 81, 21.3.2001.

(9) OJ L 327, 12.12.2001.

(10) OJ L 157, 15.6.2002.

(11) OJ L 53, 23.2.2002.

(12) OJ L 116, 26.4.2001.

(13) OJ L 20, 23.1.2002.

(14) OJ L 123, 9.5.2002.

(15) OJ L 278, 16.10.2002.

(16) OJ L 187, 16.7.2002.

(17) OJ L 187, 10.7.2001.

(18) The prevention and control of organised crime: a European Union strategy for the beginning of the new millennium OJ C 124, 3.5.2000, pp. 1-33.

(19) OJ L 53, 23.2.2002.

(20) OJ L 116, 26.4.2001.

(21) OJ L 150, 6.6.2001.

(22) OJ L 123, 9.5.2002.

(23) OJ L 123, 9.5.2002.

(24) OJ L 187, 16.7.2002.

(25) OJ L 187, 16.7.2002.

(26) OJ L 116, 26.4.2001.