Council Resolution of 18 December 1997 laying down the priorities for cooperation in the field of justice and home affairs for the period from 1 January 1998 to the date of entry into force of the Treaty of Amsterdam
Date: 1997-12-18
Institutions: Council of the European Union
Subjects: European treaties, cooperation in home affairs, drug addiction, judicial cooperation in criminal matters in the EU, organised crime, terrorism

15.1.98

EN

Official  Journal  of  the  European  Communities

C  11/1

(Acts  adopted  under  Title  VI  of  the  Treaty  on  European  Union)

COUNCIL  RESOLUTION

of  18  December  1997

laying down the priorities for cooperation in the field of justice and home affairs for the period
from  1  January  1998  to  the  date  of  entry  into  force  of  the  Treaty  of  Amsterdam

(98/C  11/01)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

HEREBY  ADOPTS  THIS  RESOLUTION:

In response to the request of the European Council that it
organise  its  work  on  cooperation  in  the  fields  of  justice
and  home  affairs,  provided  for  in  Title  VI  of  the  Treaty
on  European  Union,  by  determining  the  activities  which
should be carried out as a matter of priority in pursuit of
the  objectives  fixed  at  the  European  Councils  in  Madrid
(15  and  16  December  1995),  Florence  (21  and  22  June
1996),  Dublin 
(13  and  14  December  1996)  and
Amsterdam  (16  and  17  June  1997),

Reiterating  its  ambition  to  promote  liberty,  security  and
justice  in  the  European  Union,  in  accordance  with  the
principles  of  the  rule  of  law,  by  developing  close
cooperation  between  the  Member  States  in  the  fields  of
justice  and  home  affairs,

Pointing out that these priorities could be reviewed in the
light of any decisions taken as part of preparation for the
entry into force of the Treaty of Amsterdam, signed on 2
October  1997 (1),

Having  regard  to  the  Council  resolution  of  14  October
1996  laying  down  the  priorities  for  cooperation  in  the
field  of  justice  and  home  affairs  for  the  period  from  1
July  1996  to  30  June  1998 (2),  and  in  particular  Section
IV  thereof,

to 

regard 

the  views  of 

the  European
Having 
Parliament (3) following a consultation carried out by the
Presidency  in  accordance  with  Article  K.6  of  the  Treaty
on  European  Union,

(1)  OJ  C  340,  10.11.1997,  p.  1.
(2)  OJ  C  319,  26.10.1996,  p.  1.
(3)  Opinion  delivered  on  20  November  1997  (OJ  C  371,

I. 

The  Council 
intends  to  pursue  the  objectives
defined  by  the  European  Council,  concentrating
priority  on  the  following  topics  in  the  period  from
1  January  1998  to  the  entry  into  force  of  the
Treaty  of  Amsterdam:

1.  Combating  terrorism

(a)  strengthening  cooperation  between 

the

Member  States;

(b) updating  the  document  on  the  terrorist

threat;

(c)  updating 

the 

list  of  counter-terrorist

centres  of  excellence.

2.  Combating  organised  crime

Implementation  of  the  action  plan  to  combat
organised  crime  approved  by  the  European
Council in Amsterdam (16 and 17 June 1997)
in  accordance  with 
timetable  and
procedures  provided  for  therein (4).

the 

3.  Combating  drugs

(a)  implementation of the report by the Group
of  Experts  on  Drugs  adopted  by  the
European Council in Madrid on 15 and 16
December  1995  and  the  recommendations
by  the  European  Councils  in  Dublin  (13
and  14  December  1996)  and  Amsterdam
(16  and  17  June  1997)  at  the  judicial,

8.12.1997).

(4)  OJ  C  251,  15.8.1997,  p.  1.

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Official  Journal  of  the  European  Communities

15.1.98

police  and  customs  levels,  particularly  in
the 
reduction  and
supply 
international  cooperation;

field  of 

(b) implementation  of  the  action  plan  for  the
Caribbean and the recommendations made
for  Latin  America  by 
the  European
Council  in  Dublin;

(c) implementation  of  the  current  initiative  on
Central  Asia  and  Russia  and  launching  of
similar  discussions  on  the  Ukraine;

1996 

(d) implementation  of  the  Joint  Action  of  17
December 
the
approximation of the laws and practices of
the  Member  States  of  the  European  Union
to  combat  drug  consumption  and  drug
trafficking (1);

concerning 

(e) implementation  of 

the 
concerning  synthetic  drugs.

Joint  Action

4. 

Improving  police  and  customs  cooperation

(a) implementation of the Europol Convention
computer

regulations, 

(implementing 
system);

(b) police 

training, 

in  particular 

through
establishing  a  European  curriculum;  use  of
the  inventory  prepared  by  the  Association
of  European  Police  Colleges  (AEPC)  to
coordinate, as far as possible, assistance to
the police forces of the countries of Central
and  Eastern  Europe,  in  order  to  avoid
duplication  of  work;

(c) strengthened 

technical  cooperation, 

in
particular  with  regard  to  interception  of
telecommunications  and  standardisation  of
standards,
radio 
cooperation  between  forensic  laboratories
and cooperation between national criminal
intelligence services;

communications 

(d) strategic  action  programme  for  customs;

(e) joint  customs  surveillance  operations  at

external  frontiers;

(f)  combating counterfeiting, piracy and illegal

trade  in  works  of  art;

(g) risk  analysis  in  the  customs  field.

5. 

Improving  judicial  cooperation

5.1. In  civil  matters

(a) finalisation  of  the  draft  ‘Brussels  II’
Convention  (on  matrimonial  matters
and  custody  of  children);

(b) European  Enforcement  Order;

(c) coordination  among  Member  States
concerning  the  revision  of  the  Brussels
Convention  of  1968  and  Lugano
Convention  of  1980;

(d) launching  of  discussions  on 

the
necessity and possibility of drawing up
a Convention on the law applicable to
extra-contractual  obligations 
(Rome
II);

(e) preparation  of  the  accession  of  States
which  are  applicants  for  accession  to
the  Lugano  Convention;

(f)  handbook  for  the  implementation  of
the  Convention  on  the  service  of
judicial  and  extra-judicial  documents
in  civil  and  commercial  matters
(depending 
of
on 
ratifications  of  the  Convention);

number 

the 

(g) examination  of  the  future  of  judicial
cooperation in civil matters in the light
of  the  Treaty  of  Amsterdam.

5.2. In  criminal  matters

(a) draft  convention  on  mutual  assistance

in  criminal  matters;

(b) draft  convention  on  the  enforcement

of  driving  disqualifications.

5.3. In  civil  and  criminal  matters

(a) implementation  of  the  Joint  Action
concerning  the  liaison  magistrates  and
setting  up  of  a  European 
judicial
network;

(b) study 

of 

the 

procedure 

for
implementing  the  area  of  freedom,
security and justice provided for by the
Treaty of Amsterdam and specification
of  the  conditions  for  achieving  it;

(1)  OJ  L  342,  31.12.1996,  p.  6.

(c) explanatory 

reports 

on 

the

Conventions  adopted;

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C  11/3

(d) analysis  and  possible  adaptation  of
existing  instruments  relating  to  other
forms  of  judicial  cooperation.

6. 

Improving 
immigration  and  asylum

cooperation  with 

regard 

to

(a)  implementation of the Dublin Convention
and  study  of  the  possibility  of  concluding
conventions  parallel 
the  Dublin
Convention;

to 

(b)  harmonisation  of  national  procedures  for

granting  the  right  to  asylum;

(c)  harmonisation  of  conditions 
reception  of  asylum  applicants;

for 

the

(d)  development  of 

system
(Convention  and  technical  specifications);

the  Eurodac 

(e)  examination  of 

status  of
the 
third-country  nationals  residing  legally  in
the  territory  of  the  Member  States;

legal 

(f)  draft 

joint 

action 

the
temporary protection of displaced persons
and  examination  of  the  problems  of
burden-sharing;

concerning 

(g)  examination  of 
(de 

forms  of  alternative
facto  protection  and

protection 
humanitarian  residence  permit);

(n) proposal  for  a  convention  on  the  rules  for
admission of third-country nationals to the
Member  States  of  the  European  Union;

(o) support  programmes  for  refugees.

7.  Stepping  up  checks  on  persons  at  external

frontiers

(a) draft  convention  on 

external 
measures;

frontiers 

the  crossing  of
implementing

and 

(b) increased  operational  cooperation  between
authorities  carrying  out  checks  at  external
frontiers;

(c) discussions  on  harmonising  visa  policy.

8.  Combating  racism  and  xenophobia

Continuation  of  work,  both  at 
judicial
(monitoring  of  Joint  Action  against  racism
and  xenophobia)  and  police  (police  training)
level.

9.  Combating  corruption  and  fraud  affecting  the

Community’s  financial  interests

(a) implementation  of 

the  communication
from  the  Commission  to  the  Council  and
the European Parliament on a Union policy
against  corruption;

(b) examination  of  procedures 

combating 
Community’s 
effective.

fraud 
financial 

10.  Horizontal  actions

to  make
affecting 
the
interests  more

(h)  strengthening  measures  to  combat  illegal
immigration, especially illegal immigration
networks  and  illegal  employment;

(i) 

improving  exchanges  of  information  and
cooperation  with  countries  of  origin;

(j) 

the
improving  cooperation 
expulsion  of  illegal  immigrants;  problems
of  re-admission;

regarding 

II. 

(k)  false  documents;  development  of  a
harmonised  image-filing  and  transmission
system;  practical  cooperation;

(l)  examination  of  the  problem  of  family

reunification;

(m) combating  marriages  of  convenience;

(a) preventing  crime:  follow-up  to  the  various

seminars  and  conferences;

(b) combating  trafficking  in  human  beings;

(c) combating  the  use  of  new  technologies  for
criminal  purposes  and  using  the  latter  to
combat  crime.

In preparation for the entry into force of the Treaty
of  Amsterdam,  the  Council’s  discussions  will  pay
particular  attention  to  incorporating  the  Schengen
acquis  into  the  framework  of  the  European  Union
(Articles 3, 4 and 6 of the Protocol annexed to the
Treaty  of  Amsterdam).  The  Council  hereby
instructs the Presidency, in full association with the
Commission, to immediately establish the necessary
contacts  with  the  Chair  of  the  Schengen  Executive
Committee  in  order  to  ensure  coordination  of  the
respective 
the
incorporation  of  the  Schengen  acquis  into  the
framework of the European Union, which is one of
the  priorities  laid  down  by  this  resolution.

programmes 

work 

until 

C  11/4

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15.1.98

The Council will also embark on an examination of
the  work  structures  involved  in  setting  up  an  area
of freedom, security and justice to be established as
soon  as  the  Treaty  of  Amsterdam  enters  into
force.

the  fields  of  justice  and  home  affairs  with  other
third  countries,  particularly  within  the  framework
of the Transatlantic Dialogue, will be the subject of
one  or  more  separate  work  programmes.

III. 

In support of the priority activities listed in point I,
the Council will encourage the exchange of officials
and  magistrates  between  Member  States  and,  if
need  be  by  granting  Community  financing,  the
organisation  of  seminars  and  conferences  and  the
establishment  of  training  programmes.

IV.  The  Council  will  endeavour,  wherever  possible,  to
coordinate  the  positions  of  the  Member  States  in
international  organisations  and  at  international
conferences  when  they  deal  with  a  topic  connected
with  the  priorities  defined  in  point  I.

V. 

The  Council  will,  when  deciding  on  its  priorities
and  the  organisation  of  its  work,  take  account  of
the  preaccession  strategy  for  enlargement  of  the
Union  in  the  light  of  the  guidelines  adopted  by  the
European  Council.  In  this  context,  a  preaccession
strategy will be drawn up as indicated in the report
from  the  High  Level  Group  on  Organised  Crime
approved  by  the  European  Council  in  Amsterdam.
The  Council’s  activities  regarding  cooperation  in

VI.  The  Council  will  carry  out  periodic  checks  on  the
implementation  by  the  Member  States  of  the
instruments  adopted  pursuant  to  Title  VI  of  the
Treaty  on  European  Union.

VII.  Without  prejudice  to  the  right  of  initiative  of
Member  States  and  the  Commission  as  provided
for  in  Article  K.3(2)  of  the  Treaty  on  European
Union,  the  Council,  acting  on  a  proposal  from  the
Committee  set  up  by  Article  K.4(1)  of  that  Treaty,
will  discuss  the  programme,  in  principle  at  the
beginning  of  each  Presidency.

VIII.  This  programme  will  be  revised  by  the  Council  at
the  appropriate  time.  When  doing  so,  the  Council
will  decide  which  activities  must  be  removed  from
the  list  of  priorities,  either  because  they  have
already  been  successfully  completed,  or  because
achieving them in the short-term is impossible or is
no  longer  a  priority,  and  which  other  activities
must  be  regarded  as  having  priority  and  be
included  in  the  programme.

IX.  This  resolution  replaces  the  Council  resolution  of
14  October  1996.  It  will  be  published  in  the
Official  Journal  of  the  European  Communities.