98/429/JHA: Joint Action of 29 June 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, establishing a mechanism for collective evaluation of the enactment, application and effective implementation by the applicant countries of the acquis of the European Union in the field of Justice and Home Affairs
Date: 1998-06-29
Institutions: Council of the European Union
Subjects: European integration, accession to the European Union, cooperation in home affairs, joint action, judicial cooperation, project evaluation

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Official Journal of the European Communities

7. 7. 98

JOINT ACTION

of 29 June 1998

adopted by the Council on the basis of Article K.3 of the Treaty on European
Union, establishing a mechanism for collective evaluation of the enactment,
application and effective implementation by the applicant countries of the acquis
of the European Union in the field of Justice and Home Affairs

(98/429/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article K.3(2)(b) thereof,

Having regard to the conclusions of
the European
Council at Copenhagen in 1993 and Luxembourg in
1997,

Having regard to the conclusions of the meeting of the
Council at Brussels on 19 March 1998,

Whereas it is desirable to establish a mechanism which
enables experts from the Member States and the Commis-
sion to evaluate collectively within the framework of the
Council the enactment, application and effective imple-
mentation by the applicant countries of the acquis of the
European Union in the field of Justice and Home Affairs;

Whereas these evaluations should be taken into account
by the Commission in the adjustment of the priorities
and objectives of the Accession Partnerships and within
the established structures of the European Union in the
context of future discussions on enlargement,

Article 2

Group of experts

1. A group of experts, to be established in accordance
with the Council’s rules of procedure under the supervi-
sion of the Committee of Permanent Representatives of
the Member States (Coreper), shall have the task of
preparing and keeping up-to-date collective evaluations of
the situation in the candidate countries on the enactment,
application and effective implementation of the acquis of
the Union in the field of Justice and Home Affairs.

2. One or more Member States, in close association
with the Commission, may give particlar assistance in
preparing and maintaining for a particular candidate
country comprehensive reports which would form the
basis of the evaluations referred to in paragraph 1, taking
account of information made available under Article 3.

3.
The group of experts shall avoid duplication of work
already undertaken and overlap with other activities
undertaken by the Union in this field.

Article 3

HAS ADOPTED THIS JOINT ACTION:

Compilation of information

Article 1

Objective

to the

competence of

1. Without prejudice
the
Community or to the established structures for deter-
mining the position of the Member States in accession
negotiations, a mechanism for collective evaluation of the
enactment, application and effective implementation by
the States which are candidates for accession to the Euro-
pean Union (the candidate countries) of the acquis of the
Union in the field of Justice and Home Affairs shall be
established in accordance with the provisions set out
below.

relevant material

1. All
relating to the enactment,
application and effective implementation by the can-
didate countries of the acquis of the Union in the field of
Justice and Home Affairs shall be made available to the
group of experts by the Member States and the Commis-
sion to enable the group to prepare and maintain col-
lective evaluations of
the situation in each candidate
country and an assessment of possible problem areas.

The evaluations referred to in paragraph 1 shall as a

2.
first step draw in particular on:

(cid:190) information provided individually and collectively by
Member States based on their direct experience of
working with the candidate countries, including infor-
mation available within Schengen,

Each Member State shall ensure that its national
2.
authorities cooperate fully in implementing the mech-
anism for collective evaluation established under this
Joint Action (the evaluation mechanism).

(cid:190) reports, as appropriate, from Member States’ Embas-
sies and Commission delegations in the candidate
countries, on the basis, where necessary, of a question-
naire to be prepared by the group of experts,

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Official Journal of the European Communities

L 191/9

(cid:190) information available to the Commission through its
role in the overall process of accession,
including
reports from missions conducted in the framework of
the PHARE programme,

(cid:190) reports of the Council of Europe on the implementa-
tion of Council of Europe Conventions and recom-
mendations, or by any other
sources which are
deemed to be relevant with regard to the content of
the acquis.

3.
If additional information is considered necessary, ad
hoc teams of representatives and experts of Member States
and the Commission shall be formed to carry out further
missions on specific aspects, without overburdening the
candidate countries. The decision whether to establish
such missions and their composition, timing and terms of
reference shall be decided by the Council, acting by qual-
ified majority, on advice from the group of experts, in
close cooperation with the Commission.

Article 4

Progress and results of the evaluation mechanism

1.
The group of experts shall, through Coreper and in
close cooperation with the Committee established under
Article K.4 of the Treaty and with other Council bodies
involved in the enlargement process,
to the
Council on the progress and results of the evaluations.
The group shall also keep other relevant Council bodies
informed of its work.

report

The Commission is invited to take account of the
2.
collective evaluations
significant
in its proposals
adjustment of the priorities and objectives of the acces-
sion partnerships, which shall be submitted to the
Council
for decision in accordance with Article 2 of
Council Regulation (EC) No 622/98 of 16 March 1998 on

for

assistance to the applicant States in the framework of the
pre-accession strategy, and in particular on the establish-
ment of Accession Partnerships (1). These evaluations shall
also be taken into consideration within the established
structures of the European Union in the context of future
discussions on enlargement.

Article 5

Review of the evaluation mechanism

No later than one year after the entry into force of this
Joint Action, the Council shall examine the operation
and scope of
if
appropriate, make adjustments to it.

the evaluation mechanism and shall,

Article 6

Entry into Force

This Joint Action shall enter into force on the day of its
publication in the Official Journal.

Article 7

Publication

This Joint Action shall be published in the Official
Journal.

Done at Luxembourg, 29 June 1998.

For the Council

The President

R. COOK

(1) OJ L 85, 20. 3. 1998, p. 1.