Action Plan of the Council and the Commission on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice - Text adopted by the Justice and Home Affairs Council of 3 December 1998
Date: 1998-12-03
Institutions: Council of the European Union
Subjects: approximation of laws, cooperation policy, fight against crime, free movement of persons, judicial cooperation in criminal matters in the EU, public safety

23.1.1999

EN

Official  Journal  of  the  European  Communities

C  19/1

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

ACTION  PLAN  OF  THE  COUNCIL  AND  THE  COMMISSION  ON  HOW  BEST  TO
IMPLEMENT  THE  PROVISIONS  OF  THE  TREATY  OF  AMSTERDAM  ON  AN  AREA
OF  FREEDOM,  SECURITY  AND  JUSTICE

Text  adopted  by  the  Justice  and  Home  Affairs  Council  of  3  December  1998

(1999/C  19/01)

CONTENTS

PART(cid:217)I:

INTRODUCTION ...........................................................................................................................

PART(cid:217)II:(cid:217)PRIORITIES  AND  MEASURES ...................................................................................................

A.(cid:217)Selection  criteria  for  priorities ..................................................................................

B. Policies  related  to  free  movement  of  persons .........................................................

I.(cid:217)Measures  in  the  field  of  asylum,  external  borders  and  immigration............

Page

2

6

6

7

7

II.(cid:217)Judicial  cooperation  in  civil  matters .................................................................

10

C. Provisions  on  police  and  judicial  cooperation  in  criminal  matters ......................

11

I.(cid:217)Police  cooperation ..............................................................................................

11

II.(cid:217)Judicial  cooperation  in  criminal  matters ..........................................................

12

III.(cid:217)Approximation  of  rules  on  criminal  matters....................................................

13

IV. Horizontal  issues.................................................................................................

13

C  19/2

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Official  Journal  of  the  European  Communities

23.1.1999

PART  I

INTRODUCTION

1.(cid:217)The  European  Council,  meeting  at  Cardiff  called  on
the  Council  and  the  Commission  to  submit  at  its
meeting  in  Vienna  an  action  plan  on  "how  best  to
implement 
the  Treaty  of
Amsterdam  on  an  area  of  freedom,  security  and
justice’.

the  provisions  of 

Heads  of  State  or  Government  at  P‰rtschach  further
confirmed  the  importance  they  attach  to  this  subject
by  agreeing  to  hold  a  special  European  Council  in
Tampere  in  October  1999.

Under  the  Amsterdam  Treaty,  the  areas  of  visa,
asylum,  immigration  and  other  policies  related  to
free  movement  of  persons,  like  judicial  cooperation
in  civil  matters,  are  transferred  from  the  EU’s  third
pillar  to  its  first  pillar  (albeit  not  all  of  the  first  pillar
procedures  will  be  applicable),  whereas  provisions  on
police  and  judicial  cooperation  in  criminal  matters
contained  in  the  new  Title  VI  of  the  Treaty  on
European  Union  remain  within  the  EU’s  third  pillar.
In  addition  to  these  changes  in  responsibilities,  the
Amsterdam  Treaty  also  lays  down  the  broad  lines  of
action  in  the  areas  currently  assigned  to  the  third
pillar.

2.(cid:217)When  the  Cardiff  European  Council  called  on  the
Council  and  the  Commission  to  present  the  action
plan, 
those
provisions  offer  new  opportunities  to  tackle  an  area
of  major  public  concern  and  thus  to  bring  the
European  Union  closer  to  the  people.

it  clearly 

its  view 

indicated 

that 

3.(cid:217)Without  underestimating  what  has  already  been
achieved  in  this  area  under  the  EC  Treaty,  under  the
Title  VI  provisions  of  the  Maastricht  Treaty  and
within  Schengen,  it  is  worth  recalling  the  reasons
why  the  new  provisions  adopted  in  Amsterdam  open
up 
improved  possibilities.  First,  the  objective  of
maintaining  and  developing  the  Union  as  an  area  of
freedom,  security  and  justice  is  asserted  and  the
various  aspects  involved  are  reviewed.  Secondly,  the
Union  has  been  given  the  necessary  framework  in
instruments
which 

to  accommodate 

it  and 

the 

required  have  been  strengthened  and  at  the  same
time,  thanks  to  the  enhanced  role  foreseen  for  the
the  European
European  Court  of  Justice  and 
judicial  and
Parliament,  made  subject  to  tighter 
is
democratic  review.  The  Community  method 
extended:  several  of  the  areas  of  the  current  third
pillar  are  brought  under  Community  arrangements
and 
the
Community  institutions  in  the  areas  of  police  and
criminal  justice  cooperation  have  been  lifted.  Access
to 
less
the  Community  budget  has  been  made 
cumbersome.  Finally,  the 
integration  of  Schengen
recognises  the  efforts  of  the  Member  States  which
embarked  on  this  cooperation  and  gives  the  Union  a
base  on  which  to  build  further.

restrictions  which  used 

to  apply 

to 

in 

to 

inherent 

in  particular 

interinstitutional  cooperation 

4.(cid:217)In  drawing  up  this  action  plan,  the  Council  and  the
Commission  take  as  their  starting  point  that  one  of
the  keys  to  its  success  lies  in  ensuring  that  the  spirit
of 
the
Amsterdam  Treaty  is  translated  into  reality.  This
the  new  responsibilities,
applies 
including  an  extended  right  of 
initiative,  which
Amsterdam  bestows  on  the  Commission.  What  is
important  is  not  so  much  where  the  right  of  initiative
lies,  be  it  shared  or  exclusive,  as  the  way  in  which
this  right 
is  exercised.  In  any  case  the  Treaty
provides  that  for  the  five  years  earmarked  for  the
full  attainment  of  the  free  movement  of  persons,  the
the
right  of 
Commission  and  the  Member  States  for  matters
transferred  to  the  Community  framework.

initiative  will  be 

shared  between 

5.(cid:217)Although  any  action  plan  drawn  up  must, 

if 

inherent 

in  the  concept  of  an 

in
concrete  terms,  necessarily  reflect  the  priorities  and
timetable  set  out  in  the  Amsterdam  Treaty  itself,  it
needs  to  reflect  also  the  general  approach  and  phil(cid:220)
osophy 
"area  of
freedom,  security  and  justice’.  These  three  notions
are  closely  interlinked.  Freedom  loses  much  of  its
in  a  secure
it  cannot  be  enjoyed 
meaning 
environment  and  with  the  full  backing  of  a  system  of
justice  in  which  all  Union  citizens  and  residents  can
have  confidence.  These  three  inseparable  concepts
have  one  common  denominator  "people’  and  one
cannot  be  achieved  in  full  without  the  other  two.
Maintaining  the  right  balance  between  them  must  be
the  guiding  thread  for  Union  action.  It  should  be
noted  in  this  context  that  the  Treaty  establishing  the
(ex)  Article
European  Communities 
73(i)(a),  makes  a  direct  link  between  the  measures
establishing  freedom  of  movement  of  persons  and
the  specific  measures  seeking  to  combat  and  prevent

(Article  61 

23.1.1999

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Official  Journal  of  the  European  Communities

C  19/3

crime  (Article  31(e)  of  the  Treaty  on  European
Union),  thus  creating  a  conditional  link  between  the
two  areas.

A.(cid:217)AN  AREA  OF  FREEDOM

(a)(cid:217)A  wider  concept  of  freedom

6.(cid:217)Freedom  in  the  sense  of  free  movement  of  people
within  the  European  Union  remains  a  fundamental
objective  of  the  Treaty,  and  one  to  which  the
flanking  measures  associated  with  the  concepts  of
security  and 
their  essential
justice  must  make 
contribution.  The  Schengen  achievement  has  shown
the  way  and  provides  the  foundation  on  which  to
build.  However,  the  Treaty  of  Amsterdam  also  opens
the  way  to  giving  "freedom’  a  meaning  beyond  free
movement  of  people  across  internal  borders.  It  is
also  freedom  to  live  in  a  law(cid:220)abiding  environment  in
the  knowledge  that  public  authorities  are  using
everything  in  their  individual  and  collective  power
(nationally,  at  the  level  of  the  Union  and  beyond)  to
combat  and  contain  those  who  seek  to  deny  or  abuse
that  freedom.  Freedom  must  also  be  complemented
by  the  full  range  of  fundamental  human  rights,
including  protection  from  any  form  of  discrimination
as  foreseen  by  Articles  12  and  13  of  TEC  and  6  of
the  TEU.

fundamental 
today’s 
in 

freedom  deserving 
fast(cid:220)developing 

7.(cid:217)Another 
special
information
attention 
society  is  that  of  respect  for  privacy  and  in  particular
the  protection  of  personal  data.  When,  in  support  of
the  development  of  police  and  judicial  cooperation
in  criminal  matters,  personal  data  files  are  set  up  and
information  exchanged,  it  is  indeed  essential  to  strike
the  right  balance  between  public  security  and  the
protection  of  individuals’  privacy.

(b)(cid:217)Immigration  and  asylum  policies

in 

the 

instruments 

they  do  not  have  adequate  monitoring  arrangements.
The  commitment  in  the  Amsterdam  Treaty  to  use
European  Community 
future
provides  the  opportunity  to  correct  where  necessary
these  weaknesses.  Particular  priority  needs  to  be
attached  to  combating  illegal  immigration  on  the  one
hand,  while  on  the  other  hand  ensuring  the  inte(cid:220)
gration  and  rights  of  those  third  country  nationals
legally  present  in  the  Union  as  well  as  the  necessary
protection  for  those  in  need  of  it  even  if  they  do  not
meet  fully  the  criteria  of  the  Geneva  Convention.

B.(cid:217)AN  AREA  OF  SECURITY

9.(cid:217)The  full  benefits  of  any  area  of  freedom  will  never
be  enjoyed  unless  they  are  exercised  in  an  area
where  people  can  feel  safe  and  secure.

10.(cid:217)The  agreed  aim  of  the  Treaty  is  not  to  create  a
European  security  area  in  the  sense  of  a  common
territory  where  uniform  detection  and  investigation
procedures  would  be 
law
enforcement  agencies  in  Europe  in  the  handling  of
security  matters.  Nor  do  the  new  provisions  affect
incumbent  on
the  exercise  of  the  responsibilities 
Member  States  to  maintain 
law  and  order  and
safeguard  internal  security.

applicable 

all 

to 

11.(cid:217)Amsterdam 

an 

rather 

provides 

judicial  cooperation 

institutional
framework  to  develop  common  action  among  the
Member  States  in  the  indissociable  fields  of  police
cooperation  and 
in  criminal
matters  and  thus  not  only  to  offer  enhanced  security
to  their  citizens  but  also  to  defend  the  Union’s
interests.  The
interests, 
declared  objective  is  to  prevent  and  combat  crime  at
the  appropriate  level,  "organised  or  otherwise,  in
particular 
in  persons  and
offences  against  children,  illicit  drug  trafficking  and
illicit  arms  trafficking,  corruption  and  fraud’.

trafficking 

terrorism, 

including 

financial 

its 

8.(cid:217)When 

looking  at 

the  priorities  ahead,  different
considerations  must  apply  to  immigration  policy  on
the  one  hand  and  asylum  policy  on  the  other.  Future
work  in  these  areas  will  essentially  be  determined  by
the  fact  that  the  new  Treaty  itself  contains  an  obli(cid:220)
gation  to  take  action  within  five  years  in  a  wide
immigration  and  asylum(cid:220)related  areas
range  of 
involving  both 
and  procedure.  An
impressive  amount  of  work  has  already  been  carried
out.  However,  the  instruments  adopted  so  far  often
suffer  from  two  weaknesses:  they  are  frequently
based  on  "soft  law’,  such  as  resolutions  or  recom(cid:220)
mendations  that  have  no  legally  binding  effect.  And

substance 

(a)(cid:217)Organised  crime

12.(cid:217)The  Union’s  response  to  the  challenge  posed  by
in  the  action  plan
is  contained 
organised  crime 
endorsed  by 
the  Amsterdam  European  Council,
which  foresees  an  integrated  approach  at  each  step
on  the  continuum  from  prevention  to  repression  and
prosecution.  Important  progress  has  already  been
made,  as  the  Cardiff  European  Council  recognised,
but  even  when  the  plan  is  fully  implemented,  the
opportunities  offered  by  Amsterdam  to  go  further
will  have  to  be  exploited.

C  19/4

EN

Official  Journal  of  the  European  Communities

23.1.1999

(b)(cid:217)Drugs

its 

individual  security 

13.(cid:217)Drugs  deserve  a  particular  mention.  They  constitute
in
a  threat  to  collective  and 
numerous  ways,  often  but  not  always 
linked  to
organised  crime.  It  is  an  area  to  which  Europe  has
brought  a  distinctive  and 
influential  approach
insistence  on  a  comprehensive  policy
through 
based  on  shared  responsibility  between  consumer
and  producer  countries.  Within  that  comprehensive
framework,  however, 
that  a  major
it 
component  will  be  the  mobilisation  of  the  full  weight
can
which 
collectively  bring  to  bear  against  the  traffickers  and
the  criminal  organisations  which  lie  behind  them.
The  Union’s  action  plan  against  drugs  for  the  period
in  the
2000  to  2004,  currently  under  discussion 
Commission  and  the  Council,  will  need  to  be  drawn
up  and  implemented  in  a  way  which  fully  exploits
the  possibilities  of  the  new  Treaty.

enforcement  agencies 

is  clear 

various 

law 

(c)(cid:217)Europol

14.(cid:217)The  new  Treaty  recognises  the  essential  and  central
role  Europol  will  play,  by  requiring  that  a  number  of
specific  measures  be  adopted  within  five  years  of  its
entry  into  force.  It  provides  in  particular  further
coordination  and  support  for  operational  tasks  by
Europol.  It  is  therefore  important  to  start  to  work  on
the  implementation  of  these  measures  as  soon  as
possible,  now  that  the  Europol  Convention  has  at
last  been  ratified  by  all  Member  States,  so  as  to
allow  Europol  to  play  fully  its  new  role  as  an  indis(cid:220)
pensable  European  cooperation  tool.  These  devel(cid:220)
opments  should  build  on  the  "acquis’  of  the  Europol
Drugs  Unit  which,  as  a  precursor  for  the  future
like
Europol,  has  gained  experience 
information  exchange, 
technical  and  operational
support,  threat  analyses  and  situation  reports.

in  areas 

C.(cid:217)AN  AREA  OF  JUSTICE

15.(cid:217)The  new 

that, 

instruments 

the  reality 

impetus  and 

introduced  by
Amsterdam  provide  the  opportunity  to  examine  what
the  area  of  "justice’  should  seek  to  achieve,  while
respecting 
for  reasons  deeply
imbedded  in  history  and  tradition,  judicial  systems
differ  substantially  between  Member  States.  The
ambition 
is  to  give  citizens  a  common  sense  of
justice  throughout  the  Union.  Justice  must  be  seen  as
facilitating 
life  of  people  and
bringing  to  justice  those  who  threaten  the  freedom
and  security  of  individuals  and  society.  This  includes
both  access  to  justice  and  full  judicial  cooperation
among  Member  States.  What  Amsterdam  provides  is

the  day(cid:220)to(cid:220)day 

a  conceptual  and  institutional  framework  to  make
sure  that  those  values  are  defended  throughout  the
Union.

Both  in  civil  and  criminal  matters  speedy  ratification
and  effective  implementation  of  adopted  conventions
are  crucial  for  achieving  an  area  of  Justice.

(a)(cid:217)Judicial  cooperation  in  civil  matters

16.(cid:217)Reinforcement  of 

in 

for 

stage 

benefits 

fundamental 

represents  a 

every  Union 

judicial  cooperation 

in  civil
matters,  which  many  believe  has  developed  too
slowly, 
the
creation  of  a  European  judicial  area  which  will  bring
citizen.
tangible 
Law(cid:220)abiding  citizens  have  a  right  to  look  to  the
Union 
judicial
environment  in  which  they  live  in  the  European
Union  context.  Here  principles 
legal
certainty  and  equal  access  to  justice  should  be  a
the
main  objective, 
the
competent 
applicable 
fair
proceedings  and  effective  enforcement  procedures.

identification  of 
jurisdiction,  clear  designation  of 
speedy  and 
law,  availability  of 

simplify  and 

such  as 

implying 

facilitate 

the 

to 

(b)(cid:217)Judicial  cooperation  in  criminal  matters

17.(cid:217)There  is  a  clear  need  for  improving  and  speeding  up
judicial  cooperation  in  criminal  matters  both  among
Member  States  and  with  third  countries,  specially  in
intensified  police  cooperation.  However
view  of 
effective  it  may  be,  judicial  cooperation  in  criminal
matters 
to  deal  with
phenomena  such  as  organised  crime,  unless  there  is
facilitation  of  procedures  and  where  necessary
approximation  of  legislation.

is  hard  pressed 

today 

throughout 

the  Union: 

18.(cid:217)In  concrete  terms  this  means  first  of  all  that  criminal
in  an  equally
behaviour  should  be  approached 
efficient  way 
terrorism,
corruption,  traffic  in  human  beings,  organised  crime,
should  be  the  subject  of  minimum  common  rules
relating  to  the  constituent  elements  of  criminal  acts,
the  same  vigour
and  should  be  pursued  with 
wherever  they  take  place.  If  serious  criminal  conduct
receives  an  equivalent  response  and  procedural  guar(cid:220)
antees  are  comparable  throughout  the  Union,  the
improving  coordination  of  pros(cid:220)
possibilities  of 
ecution,  whenever 
be
greater 
reconciled  with  respect  for  individual  rights,  must  be
examined.  This  goes  in  particular  for  policy  areas
where  the  Union  has  already  developed  common
policies,  and  for  policy  areas  with  strong  cross(cid:220)
border 
implications  such  as  environmental  crime,
high(cid:220)tech  crime,  corruption  and  fraud,  money  laun(cid:220)
dering,  etc.  According  to  the  provisions  of  the

efficiency 

can 

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Treaty  of  Amsterdam,  the  powers  of  Europol  should
be  developed  and  the  place  and  the  role  of  judicial
authorities  in  relation  to  Europol,  either  at  the  level
of  Member  State  or  at  the  Union  level,  have  to  be
examined.

The  adoption  of  the  action  plan  will  have  the
additional  advantage  of  setting  out  for  the  benefit  of
the  applicant  countries  a  clear  and  comprehensive
statement  of  the  Union’s  priorities  in  this  area.

(c)(cid:217)Procedures

E.(cid:217)RELATIONS  WITH  THIRD  COUNTRIES  AND

INTERNATIONAL  ORGANISATIONS

is 

the 

guarantees 

procedural 

safeguards  of 

19.(cid:217)Procedural  rules  should  respond  to  broadly  the  same
guarantees,  ensuring  that  people  will  not  be  treated
unevenly  according  to  the  jurisdiction  dealing  with
their  case.  In  principle,  this  function  of  adequate  and
comparable 
already
achieved  by 
the  European
Convention  on  Human  Rights  and  Fundamental
Freedoms  and  their  dynamic  interpretation  by  the
in  particular
European  Court  of  Human  Rights, 
in  criminal
regarding  the  rights  of  the  defence 
proceedings. 
to
complement  those  basic  principles  by  standards  and
codes  of  good  practice  in  areas  of  transnational
relevance  and  common  concern  (e.g.  interpretation)
which  may  also  extend  to  certain  parts  of  the
enforcement  of  criminal  decisions, 
including,  for
instance,  confiscation  of  assets  and  to  aspects  of
offender  reintegration  and  victim  support.

however, 

appears 

useful, 

It 

(d)(cid:217)Cross(cid:220)border  litigation

20.(cid:217)Difficulties  with  which  citizens  are 

intrinsically
confronted  in  cross(cid:220)border  litigation,  be  it  in  civil  or
in  criminal  matters,  should  be  neutralised  as  much  as
possible.  This  means, 
streamlined
communication  of  documents  and  information,  use
of  multilingual  forms,  creation  of  mechanisms  or
networks  to  assist  and  advise  in  transnational  cases
and  possible  legal  aid  schemes  in  such  cases.

for  example, 

D.(cid:217)ENLARGEMENT

21.(cid:217)There  is  an  important  link  with  the  enlargement

process,  in  particular  with  the  preaccession  strategy.

The  countries  applying 
the
European  Union  are  well  aware  that  Justice  and
Home  Affairs  will  have  a  special  significance  for
their  applications.

for  membership  of 

However,  the  JHA  acquis  is  different  in  nature  from
other  parts  of  the  Union’s  acquis.  Much  still  needs  to
be  done  and  the  acquis  will  therefore  constantly
develop  over  the  preaccession  years.

22.(cid:217)The  advances  introduced  by  the  Amsterdam  Treaty
will  also  enhance  the  Union’s  role  as  a  player  and
partner  on  the  international  stage,  both  bilaterally
and  in  multilateral  forums.  As  a  result,  and  building
on  the  dialogue  that  it  has  already  started  in  Justice
and  Home  Affairs  cooperation  with  an  increasing
number  of  third  countries  and  international  organi(cid:220)
sations  and  bodies  (e.g.  Interpol,  UNHCR,  Council
of  Europe,  G8  and  the  OECD),  this  external  aspect
of  the  Union’s  action  can  be  expected  to  take  on  a
new  and  more  demanding  dimension.  Full  use  will
need  to  be  made  of  the  new  instruments  available
under  the  Treaty.  In  particular,  the  "communautari(cid:220)
sation’  of  the  matters  relating  to  asylum, 
immi(cid:220)
gration  and 
in  civil  matters
permit  the  Community,  to  the  extent  permitted  by
the  established  case(cid:220)law  of  the  European  Court  of
Justice  related  to  the  external  competence  of  the
Community,  to  exercise  its  influence  internationally
in  these  matters.  In  those  subjects  which  remain  in
Title  VI  of  the  TEU,  the  Union  can  also  make  use
of  the  possibility  for  the  Council  to  conclude  inter(cid:220)
national  agreements  in  matters  relating  to  Title  VI  of
the  Treaty,  as  well  as  for  the  Presidency,  assisted  by
the  General  Secretariat  of  the  Council  and  in  full
association  with  the  Commission,  to  represent  the
Union  in  these  areas.

judicial  cooperation 

F.(cid:217)STRUCTURE  OF  WORK  IN  THE  FIELD  OF

JUSTICE  AND  HOME  AFFAIRS

23.(cid:217)The  new  provisions  of  the  Amsterdam  Treaty  as  well
as  its  Protocol  integrating  the  Schengen  acquis  into
the  framework  of  the  European  Union,  with  their
emphatically  cross(cid:220)pillar  characteristic,  will  need  to
be  reflected  also  in  the  working  structures  of  the
Council.  It  was  clearly  not  the  intention  of  the
Treaty  to  compartmentalise  the  way  in  which  the
different  components  of 
freedom,
security  and 
justice  are  handled  as  between  the
structures  of  the  European  Community  on  the  one
the  other,
the  European  Union  on 
hand  and 
particularly  since  in  both  cases  the  responsibility  for
taking  the  objective  forward  will  fall 
irrespective
whether  they  are  first  or  third  pillar  competence,  to
its  composition  of  Ministers  for
the  Council 
therefore  be
Justice  and  Home  Affairs.  It  will 
essential  to  establish  before  the  entry  into  force  of
the  Treaty  of  Amsterdam  for  this  purpose  appro(cid:220)
the
priate 

arrangements  which 

this  area  of 

respect 

both 

in 

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provisions  of  the  Treaty  and  facilitate  the  coordi(cid:220)
nating 
the  Committee  of  Permanent
Representatives.

role  of 

information  system 

It  will  also  be  important  to  establish  the  appropriate
arrangement  to  cover  the  particular  case  of  the
Schengen 
in  order  to  ensure
smooth  transition,  with  no  reduction  in  the  system’s
efficiency.  A  discussion  could,  also,  be  started  in  the
medium  term  on  the  prospects  for  developing  SIS  II
after  it  has  been  expanded.

Work  on  the  necessary  structural  arrangements,
including  reflexions  on  the  need  for  further  coordi(cid:220)
nation  in  the  fields  of  migration  and  asylum  as  well
as  in  the  area  of  civil  law  by  committees  composed
of  high  officials  is  already  under  way  within  the  K4
Committee  acting  on  the  basis  of  Article  K4(1)  of
the  TEU.

This  reform  of  the  working  structures  should  be
based  on  the  following  principles:  rationalisation  and
simplification  (an  appropriate  number  of  working
in  the
parties  to  meet  the  objectives 

laid  down 

for 

appropriate 

Treaty,  no  duplication),  specialisation  and  responsi(cid:220)
bility  (working  parties  to  consist  of  experts  having  an
adequate  degree  of  responsibility  in  their  Member
States, 
operational
allowance 
judicial  network),
structures(cid:216)-(cid:216)Europol,  European 
continuity  (permanence  of  working  parties  to  reflect
the  permanent  objectives  of  the  Treaty,  mechanism
for  following(cid:220)up  all  the  instruments  adopted),  trans(cid:220)
terms  of  reference  and  of
parency  (clarity  of 
relations  between  working  parties)  and  flexibility
(possibility  of  extremely  short(cid:220)term  adjustment  of
structures 
to  deal  with  new  problems  requiring
urgent  specific  handling).

The  entry  into  force  of  the  Treaty  of  Amsterdam
also  raises  a  number  of  legal  questions  resulting  from
the  transition  of  certain  policies  from  the  third  pillar
to  the  first  pillar  as  well  as  from  the  transition  to
new  forms  of  acts  and  procedures  in  the  third  pillar.
This  concerns,  for  example,  the  question  of  how  to
handle  conventions  in  the  field  to  be  transferred  to
Community  competence  which  will  be  signed  but  not
yet  ratified  at  the  time  of  entry  into  force  of  the
Treaty  of  Amsterdam.

PART  II

PRIORITIES  AND  MEASURES

A.(cid:217)SELECTION  CRITERIA  FOR  PRIORITIES

24.(cid:217)A  number  of  principles  have  determined  the  way  in
which 
the  Commission  have
identified,  and  intend  to  implement,  the  measures
listed  in  this  part:

the  Council  and 

(iv) operational  efficiency  in  implementing  the  legal
framework  established  by  the  Treaty  is  no  less
important  than  the  legislative  framework  itself.
Measures  taken  shall  meet  factual  needs  and
add  value 
in  this  context,  working  methods
which  have  proved  already  their  worth,  for
example  in  the  Schengen  context,  should  find
their  place  in  the  Union’s  action  plan;

(i) the  Amsterdam  Treaty  itself  has  set  out  some
to  which
clear  guidance  on 
attached,
priority 
particularly  during  the  first  five  years  after  its
entry  into  force.  The  action  plan  must  respect
this  guidance;

the  measures 
be 

importance  must 

(v) responsibility  for  safeguarding  of  internal  security
therefore
rests  with  Member  States. 
important,  when  developing  European  coop(cid:220)
eration,  to  take  into  account  national  interests
and  common  approaches  as  well  as  differences;

It 

is 

(ii) the  principle  of  subsidiaritiy,  which  applies  to  all
aspects  of  the  Union’s  action,  is  of  particular
relevance  to  the  creation  of  an  area  of  freedom,
security  and  justice;

(vi)(cid:217)a  realistic  approach  requires,  when 

selecting
priorities,  the  resources  and  time  available  to  be
taken  into  account.

(iii) the  principle  of  solidarity  among  Member  States
insti(cid:220)
and  between  them  and  the  European 
tutions,  should  apply  in  facing  the  transnational
challenges  presented  by  organised  crime  and
migration  movements;

25.(cid:217)According  to  Article  2  of  the  TEU,  the  Union  shall
set  itself  the  objective  to  maintain  and  develop  an
area  of  freedom,  security  and  justice  in  which  the
free  movement  of  persons  is  assured  in  conjunction
with  appropriate  measures  with  respect  to  external

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borders,  asylum,  immigration  and  the  prevention  and
combating  of  crime.  The  mutual 
interdependence
between  the  different  aspects  of  this  overall  objective
is  confirmed  by  Article  61(a)  which  mentions  Article
31(e)  of  the  TEU.  It  is  therefore  in  the  interest  of  as
high  level  as  possible  of  security  for  the  public  that
some  activities  in  one  area  be  meshed  in  timing  and
substance  with  those  in  the  other.

the  existing 

29.(cid:217)In  legislative  work,  account  has  also  had  to  be  taken
of 
it
necessary  to  decide  which,  if  any,  of  the  present
provisions  should  be  replaced  by  more  effective  ones.
Those  classifiable  as  "soft  law’  formed  the  prime
candidates  for  this  purpose.

third(cid:220)pillar  acquis;  making 

26.(cid:217)Integration  of 

into 

the  Schengen  acquis 

largely  have  been  realised 

the
framework  of  the  European  Union  will  have  as  a
consequence  that  as  from  the  date  of  entry  into  force
of  the  Treaty  of  Amsterdam  the  objectives  of  the
Community  as  set  out  in  the  entire  Article  62  of  the
TEC  and  to  a  large  extent  in  Article  63(3)(b)  of  the
TEC  in  their  versions  of  the  Treaty  of  Amsterdam
will 
in  respect  of  10
Member  States,  and  in  respect  of  13  Member  States
as  from  the  date  of  the  decision  of  the  Council
referred  to  in  Article  2(2)  of  the  Schengen  Protocol.
This  is  to  say  that  much  of  the  substantive  work  will
have  been  done  far  in  advance  of  the  five  years’  time
limit  set  by  the  Articles  concerned.  It  would  permit
the  Council  to  concentrate  initially  particularly  on
other  objectives  of  the  Community  and  the  Union  in
the  field  of  Justice  and  Home  Affairs  for  the  real(cid:220)
isation  of  which  a  maximum  time  limit  of  five  years
has  been  determined  (Article  63(1))  and  (2)(a)  of  the
TEC  and  Article  30(2)  of  the  TEU,  for  example  and
to  deal  with  matters  which  would  require  urgent
handling  or  which  become  politically  important.

In  order  to  put  the  priorities  listed  in  those  Articles
into  practice,  efforts  will  have  to  be  made  to  adopt
measures  detailed  in  the  following  sections.

27.(cid:217)In  the  context  of  the  Treaty  requirements,  account
should  also  be  taken  of  the  position  of  the  United
Kingdom  and  Ireland  under  the  Protocols  to  the
Amsterdam  Treaty  and, 
in  setting  priorities,  of
existing  plans  and  the  need  to  continue  taking
forward  present  medium(cid:220)term  work  programmes.

security  and 

30.(cid:217)The  entry  into  force  of  the  Treaty  of  Amsterdam  is
likely  to  have  the  effect  of  increasing  the  caseload  of
the  European  Court  of  Justice,  whereas  an  area  of
freedom, 
justice  precisely  requires
judicial  proceedings  to  be  as  expedient  as  possible.  It
is  therefore  in  the  interest  of  both  the  Member  States
and  the  individuals  concerned  that  priority  be  given
to  examining 
jointly  with  the  Court  all  possible
means  to  shorten  the  average  length  of  procedures
in  particular  of  requests  for
before  the  Court, 
preliminary  rulings  under  Title  VI  of  the  TEU  and
Title  IV  of  the  TEC.

31.(cid:217)The  levels  of  priority  set  out  below  become  effective,
logically,  on  entry 
into  force  of  the  Amsterdam
Treaty.  The  priority  measures  are  to  be  found  in  two
the  actions  and
the  one  hand, 
categories.  On 
measures  for  which  it  is  important  that  they  are
implemented  or  adopted  within  two  years  from  the
entry  into  force  of  the  Treaty  of  Amsterdam  (here(cid:220)
inafter  referred  to  as  "measures  to  be  taken  within
two  years’),  and  on  the  other  hand  the  actions  and
measures  which  must  be  adopted  or  implemented
within  five  years  following  the  entry  into  force  of  the
Treaty  or,  at  least,  to  commence  elaboration  of  the
actions  and  measures 
(hereinafter
in 
referred  to  as  "measures  to  be  taken  within  five
years’).  However,  a  start  may  have  to  be  made  on
many  activities  in  the  first  level  of  priority  without
delay  on  adoption  of  this  action  plan  as  they  require
preparatory  work,  for  example  in  technical  working
if  possible  have  been
parties,  which 
completed  by  the  date  of  the  entry  into  force.  Such
particularly 
specifically
indicated  below.

urgent  measures 

the  area 

should 

are 

B.(cid:217)POLICIES  RELATED  TO  FREE  MOVEMENT  OF

PERSONS

I.(cid:217)Measures  in  the  field  of  asylum,  external  borders

and  immigration

28.(cid:217)In  establishing  substantive  and  political  priorities,
first  consideration  has  had  to  be  given  in  particular
to  those  projects  on  which  work  is  already  in  hand
at  present  or  for  which  work  is  likely  still  to  be  in
progress  at  the  time  of  entry  into  force  of  the
Amsterdam  Treaty.  It  has  basically  been  attempted
here,  in  fully  adjusting  to  the  new  environment,  to
ensure  maximum  continuity.

32.(cid:217)The  objective  is  to  introduce  the  area  of  freedom
within  the  next  five  years.  As  a  result,  to  ensure
citizens,
increased 
all  European 
achieving 
requires  accompanying
measures  to  be  drawn  up,  particularly  in  the  areas  of
external  border  controls  and  the  combating  of  illegal

for 
security 
this  objective 

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immigration  while  full  account  is  taken  of  the  prin(cid:220)
ciples  set  out  in  Article  6  of  the  TEU  and  Articles  12
and  13  of  the  TEC.  The  HCR  will  be  consulted  on
asylum  issues  when  necessary.

33.(cid:217)The  measures  to  be  drawn  up  must  take  due  account
of  the  fact  that  the  areas  of  asylum  and  immigration
are  separate  and  require  separate  approaches  and
solutions.

34.(cid:217)An  overall  migration  strategy  should  be  established
in  which  a  system  of  European  solidarity  should
figure  prominently.  The  experiences  gained  and
progress  achieved 
the
Schengen 
should  prove  particularly
pertinent  as  regards  short(cid:220)term  residence  (up  to
three  months),  the  fight  against  illegal  immigration
as  well  as  the  controls  at  external  borders.

through  cooperation 

framework 

in 

to 

improve 

the
An  overall  priority  should  be 
exchange  of  statistics  and  information  on  asylum  and
immigration.  This  exchange  should  include  statistics
on  asylum  and 
information  on  the
status  of  third  country  nationals  and  national  legis(cid:220)
lation  and  policy  on  the  basis  of  the  Commission’s
action  plan.

immigration, 

35.(cid:217)In  order  to  complete  the  area  of  free  movement,  it  is
crucial  for  there  to  be  a  swift  and  comprehensive
extension  of  the  principles  of  the  free  movement  of
persons  in  accordance  with  the  protocol  integrating
the  Schengen  acquis  into  the  framework  of  the  EU.

Measures  to  be  taken  within  two  years

the  mechanism 
inter 

A  study  should  be  undertaken  to  see  to
what  extent 
should  be
supplemented 
alia  by  provisions
enabling  the  responsibility  for  dealing  with
the  members  of  the  same  family  to  be
conferred  on  one  Member  State  where  the
application  of 
responsibility  criteria
would  involve  a  number  of  States  and  by
of
provisions  whereby 
protection  when  a  refugee  changes  his
country  of  residence  can  be  resolved  satis(cid:220)
factorily;

question 

the 

the 

(ii)(cid:217)the  implementation  of  Eurodac;

(iii)(cid:217)adoption 

standards 

of  minimum 

on
procedures  in  Member  States  for  granting
or  withdrawing 
(Article
refugee 
63(1)(d)  of  the  TEC)  with  a  view,  inter  alia,
asylum
to 
special
procedures. 
attention  shall  be  paid  to  the  situation  of
children;

the  duration  of 
this  context,  a 

reducing 

status 

In 

(iv) limit 

"secondary  movements’  by  asylum

seekers  between  Member  States;

(v) defining  minimum 
reception  of 
particular  attention 
children  (Article  63(1)(b)  of  the  TEC).

seekers  with 
the 

the
a
situation  of

asylum 
to 

standards 

on 

(vi) undertake  a  study  with  a  view  to  estab(cid:220)
lishing  the  merits  of  a  single  European
asylum  procedure;

36.(cid:217)The  following  measures  should  be  taken  within  two

years  after  the  entry  into  force  of  the  Treaty:

(c) Measures  in  the  field  of  immigration:

(a)(cid:217)measures 

in  the  fields  of  asylum  and 

immi(cid:220)

gration,

(i)(cid:217)instrument  on  the 

lawful  status  of 

legal

immigrants;

assessment  of  countries  of  origin  in  order  to
formulate 
integrated
approach;

country 

specific 

a 

(b) measures  in  the  field  of  asylum:

(i)(cid:217)effectiveness  of 

for 

the  Dublin  Convention:
continued  examination  of  the  criteria  and
conditions 
implemen(cid:220)
improving 
tation  of  the  Convention  and  of  the  possible
transformation  of  the 
legal  basis  to  the
system  of  Amsterdam  (Article  63(1)(a)  of
the  TEC).

the 

(ii)(cid:217)establish  a  coherent  EU  policy  on  re(cid:220)

admission  and  return;

(iii)(cid:217)combat  illegal  immigration  (Article  63(3)(b)
of  the  TEC)  through,  inter  alia,  information
campaigns  in  transit  countries  and  in  the
countries  of  origin.

In  line  with  the  priority  to  be  given  to
practical
controlling  migration 
proposals  for  combating  illegal  immigration
more  effectively  need  to  be  brought  forward
swiftly;

flows, 

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(d) Measures  in  the  fields  of  external  borders  and

(b) Measures  in  the  field  of  asylum:

free  movement  of  persons:

(i)(cid:217)procedure  and  conditions  for  issuing  visas
by  Member  States  (resources,  guarantees  of
repatriation  or  accident  and  health  cover)  as
well  as  the  drawing  up  of  a  list  of  countries
whose  nationals  are  subject  to  an  airport
transit  visa  requirement  (abolition  of  the
current  grey  list);

(i)(cid:217)adoption  of  minimum  standards  with  respect
to  the  qualification  of  nationals  of  third
countries  as  refugees,

(ii)(cid:217)defining  minimum  standards  for  subsidiary
inter(cid:220)
protection 
national  protection  (Article  63(2)(a)  second
part);

in  need  of 

to  persons 

(ii)(cid:217)define  the  rules  on  a  uniform  visa  (Article

62(iv)  of  the  TEC);

(c) Measures  in  the  field  of  immigration:

(iii)(cid:217)draw  up  a  regulation  on  countries:

-(cid:217)whose  nationals  are  exempt  from  any
visa  requirement  in  the  Member  States
of  the  European  Union,

-(cid:217)whose  nationals  are  subject  to  a  visa
requirement  in  the  Member  States  of  the
European  Union  (Article  62(2)(b)(i)  of
the  TEC);

(iv) further  harmonising  Member  States’  laws  on

carriers’  liability.

Measures 
to  be 
accordance  with 
Amsterdam

taken  as  quickly  as  possible 
the  provisions  of 

in
the  Treaty  of

temporary
standards 
giving 
37.(cid:217)(a)(cid:217)Minimum 
protection 
third
to  displaced  persons 
countries  who  cannot  return  to  their  country  of
origin  (Article  63(2)(a)  of  the  TEC).

from 

for 

(b) Promoting  a  balance  of  effort  between  Member
States  in  receiving  and  bearing  the  consequences
of  receiving  displaced  persons  (Article  63(2)(b)
of  the  TEC).

Measures  to  be  taken  within  five  years

38.(cid:217)The  following  measures  should  be  taken  within  five

years  of  the  entry  into  force  of  the  Treaty:

(a)(cid:217)measures 

in  the  fields  of  asylum  and 

immi(cid:220)

gration:

identification 
measures 
strategy;

and 
in 

implementation 
the
the  European  migration

of 

listed 

(i)(cid:217)improvement  of 

for 

the  possibilities 

the
removal  of  persons  who  have  been  refused
the  right  to  stay  through 
improved  EU
coordination  implementation  or  readmission
clauses  and  development  of  European
official  (Embassy)  reports  on  the  situation
in  countries  of  origin,

(ii)(cid:217)preparation  of  rules  on  the  conditions  of
standards  on
entry  and  residence,  and 
procedures  for  the  issue  by  Member  States
of  long(cid:220)term  visas  and  residence  permits,
including  those  for  the  purposes  of  family
reunion  (Article  63(3)(a)  of  the  TEC).

third(cid:220)country
The  question  of  giving 
nationals  holding 
the
freedom  to  settle  in  any  Member  State  of
the  Union  will  shortly  be  discussed  by  the
relevant  working  party,

residence  permits 

(iii)(cid:217)determination  of  the  rights  and  conditions
under  which  nationals  of  third  countries
who  are  legally  resident  in  a  Member  State
may  reside  in  other  Member  States  (Article
63(4)  of  the  TEC).

the 

Within 
competent  Council  bodies
discussions  could  be  held,  taking  account  of
the  consequences  for  social  equilibrium  and
the  labour  market,  on  the  conditions  under
which,  like  Community  nationals  and  their
families,  third  country  nationals  could  be
allowed  to  settle  and  work  in  any  Member
State  of  the  Union;

in  these  two  last  fields,  although  the  Amsterdam
Treaty  does  not  request  action  to  be  accom(cid:220)
plished  in  a  five  year  period,  efforts  should  be
made  towards  an  improvement  of  the  situation
in  due  time;

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(d) Measures  in  the  fields  of  external  borders  and

free  movement  of  persons:

account  special  provisions  on  conflict  of 
law
rules  in  other  Community  instruments  (Rome  I),

(i)(cid:217)extension  of 

the  Schengen  representation

mechanisms  with  regard  to  visas:

(d) examine  the  possibility  of  extending  the  concept
of  the  European  judicial  network  in  criminal
matters  to  embrace  civil  proceedings.

of 

an 

establishing 

a  discussion  could  be  initiated  on  the  possi(cid:220)
bility 
arrangement
between 
the  Member  States,  which  will
improve  the  possibility  of  preventing  visa
applicants  from  abusing  the  foreign  repre(cid:220)
sentations  of  one  or  more  Member  States  in
order  to  gain  access  to  another  Member
State,  which  at  time  of  application  was  the
actual  intended  country  of  destination,

(ii)(cid:217)attention  will  be  given  to  new  technical
developments  in  order  to  ensure  as  appro(cid:220)
priate,  an  even  better  security  of  the  uniform
format  for  visas  (sticker).

Highly 
in  each
individualised  contact  points 
Member  State  could  permit  greater  awareness  of
Member  States’  laws  and  ensure  better  coordi(cid:220)
nation  of  proceedings  in  cases  with  important
parental
dimensions 
human 
disputes,  for  example).

(crossborder 

Measures  to  be  taken  within  five  years

41.(cid:217)The  following  measures  should  be  taken  within  five

years  after  the  entry  into  force  of  the  Treaty:

II.(cid:217)Judicial  cooperation  in  civil  matters

instrument  on  the 
(Rome  III):

(a)(cid:217)examine  the  possibilities  to  draw  up  a 

legal
law  applicable  to  divorce

the 

simplifying 

improving  and 

39.(cid:217)The  aim  is  to  make  life  simpler  for  European  citizens
by 
rules  and
procedures  on  cooperation  and  communication
between  authorities  and  on  enforcing  decisions,  by
promoting  the  compatibility  of  conflict  of  law  rules
and  on  jurisdiction  and  by  eliminating  obstacles  to
the  good  functioning  of  civil  proceedings 
in  a
European 
judicial  area.  It  will  be  necessary  to
improve  the  coordination  of  Europe’s  courts  and  the
awareness  of  Member  States’  laws,  particularly  in
cases  with  important  human  dimensions,  having  an
impact  on  the  everyday  life  of  the  citizens.

Measures  to  be  taken  within  two  years

40.(cid:217)The  following  measures  should  be  taken  within  two

years  after  the  entry  into  force  of  the  Treaty:

(a)(cid:217)finalisation, 

it  has  not  been  completed,  of
work  on  the  revision  of  the  Brussels  and  Lugano
Conventions,

if 

(b) drawing  up  a 

law
applicable  to  non(cid:220)contractual  obligations  (Rome
I),

instrument  on 

legal 

the 

(c) begin 

revision,  where  necessary,  of  certain
provisions  of 
the  Law
applicable  to  contractual  obligations,  taking  into

the  Convention  on 

After  the  first  step  on  divorce  matters  taken  with
Brussels  II  in  the  field  of  jurisdiction  and  the
recognition  and  enforcement  of  judgments,  the
possibilities  to  agree  on  rules  determining  the
law  applicable 
forum
shopping  needs  to  be  explored  on  the  basis  of  an
in(cid:220)depth  study,

to  prevent 

in  order 

(b) examine  the  possibility  of  drawing  up  models  for
non(cid:220)judicial  solutions  to  disputes  with  particular
reference  to  transnational  family  conflicts.  In  this
context,  the  possibility  of  mediation  as  a  means
of  solving  family  conflicts  should  be  examined,

(c) examine  the  possibility  of  drawing  up  a  legal
instruments 
jurisdiction,
applicable  law,  recognition  and  enforcement  of
judgments 
to  matrimonial  property
regimes  and  those  relating  to  succession.

international 

relating 

on 

In  elaborating  such  instruments,  the  connection
between  matrimonial  property  and  rules  relating
to  succession  should  be  taken 
into  account.
Work  already  undertaken  within  the  framework
of 
the  Hague  Conference  of  Private  Inter(cid:220)
national  Law  should  be  taken  into  account,

(d) identifying  the  rules  on  civil  procedure  having
cross(cid:220)border  implications  which  are  urgent  to
approximate  for  the  purpose  of  facilitating  access

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elaboration 

to  justice  for  the  citizens  of  Europe  and  examine
additional  measures
the 
accordingly  to 
improve  compatibility  of  civil
procedures.

of 

This  could  include  the  examination  of  the  rules
on  deposition  of  security  for  litigation  costs  and
expenses  of  the  defendant  in  a  civil  procedure,
the  granting  of  legal  aid  as  well  as  other  possible
obstacles  of  an  economic  nature,

(e) improving  and  simplifying  cooperation  between

courts  in  the  taking  of  evidence,

(f) examine  the  possibility  of  approximating  certain
law,  such  as  creating  uniform
the
law  applicable 

areas  of  civil 
private 
acquisition  in  good  faith  of  corporal  movables.

international 

to 

C.(cid:217)POLICE  AND  JUDICIAL  COOPERATION 

IN

CRIMINAL  MATTERS

42.(cid:217)The  aim  is  to  give  citizens  a  high  level  of  protection
as  provided  for  in  the  Treaty  of  Amsterdam  and  to
promote  the  rule  of  law.  This  implies  greater  coop(cid:220)
eration  between 
for
the  authorities 
applying  the  law  with  due  regard  for  legal  certainty.
It  also  implies  giving  practical  form  to  a  judicial  area
cooperate  more
in  which 
effectively,  more  quickly 
flexibly.
Encourage  an  integrated  approach,  through  close
cooperation,  of  judicial,  police  and  other  relevant
authorities 
in  preventing  and  combating  crime,
organised  or  otherwise.

and  more 

responsible 

authorities 

judicial 

Measures  to  be  taken  within  two  years

I.(cid:217)Police  cooperation

43.(cid:217)The  following  measures  should  be  taken  within  two

years  after  the  entry  into  force  of  the  Treaty:

1.(cid:217)as  regards  Europol  cooperation:

(a)(cid:217)improve  Europol  cooperation  in  the  following

areas:

(i)(cid:217)examine  the  feasibility  of  setting  up  a
database 
investigations,
pending 
within  the  framework  of  the  provisions
of  the  Europol  Convention,  allowing  the

of 

avoidance  of  any  overlap  between  inves(cid:220)
tigations  and  the  involvement  of  several
European  competent  authorities 
in  the
same  investigation,  thus  combining  their
knowledge  and  expertise,

(ii)(cid:217)direct  Europol’s  documentary  work

towards  operational  activity.

Wherever  possible, 
lead  to  operational  conclusions,

its  analyses  should

(iii)(cid:217)make 

the 

illegal 

fight  against 

immi(cid:220)
gration  networks  one  of  the  priorities  of
operational  cooperation,  particularly  by
using  the  national  units  as  a  network  of
national  contact  points  responsible  for
dealing  with  them,

(iv) combat  terrorism:  reinforce  exchanges  of
information  and 
the  coordination  of
competent  authorities  of  Member  States
in  the  fight  against  crimes  committed  or
likely  to  be  committed  in  the  course  of
terrorist  activities,  using  Europol 
in
particular,

(v) extend  the  competencies  of  Europol  to
other  activities,  as  necessary  (e.g.  falsifi(cid:220)
cation  of  euro  and  other  means  of
payments);

(b) draw  up  an  adequate 

legal 

instrument
extending  Europol’s  powers  to  the  activities
referred  to  in  Article  30(2)  of  the  TEU  and
focusing  Europol’s  work  on  operational
cooperation.  An  important  subject  is  the  place
and  the  role  of  judicial  authorities  in  their
relations  with  Europol.

One  of  the  priorities  stated  by  the  Treaty  is  to
determine  the  nature  and  scope  of  the  oper(cid:220)
ational  powers  of  Europol,  which  will  have  to
be  able  to  "ask  the  competent  authorities  of
the  Member  States  to  conduct  and  coordinate
[their(cid:129)  investigations’  and  also  to  act  within
the  framework  of  "operational  actions  of  joint
teams’,

(c) examine  Europol  access  to  SIS  or  EIS  investi(cid:220)

gation  data,

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(d) develop  the  role  for  Europol  concerning  the
exchange  of 
to
information 
implement  the  Preaccession  pact  on  organised
crime;

in  order 

2.(cid:217)other  police  cooperation  measures:

purpose  consistent  with’  the  objectives  of  Title
VI  of  the  TEU;

(d) the  development  of 

report  on
organised  crime  with  a  view  to  defining  common
strategies.

the  annual 

44.(cid:217)the  other  police  and  customs  cooperation  measures

comprise:

Harmonisation  of  the  analysis  parameters  will
have  to  be  ensured  so  that  the  data  collected  can
be  compared;

(a)(cid:217)the  common  evaluation  of  particular 

investi(cid:220)
gative  techniques  in  relation  to  the  detection  of
serious 
(Article
forms  of  organised  crime 
30(1)(d)  of  the  TEU);

(b) consideration  of  the  arrangements  under  which  a
law  enforcement  service  from  one  Member  State
could  operate  in  the  territory  of  another  (Article
32  of  the  TEU)  taking  into  consideration  the
Schengen  acquis.

(e) in  the  field  of  customs  law  enforcement  coop(cid:220)
implementation  of  the  CIS  and

eration,  the 
Naples  II  Conventions.

Europol’s  powers  must  be  taken  into  account  when
points  (a)  to  (e)  are  implemented.

II.(cid:217)Judicial  cooperation  in  criminal  matters

Consideration  should  be  given  to  two  points 
particular:

in

45.(cid:217)The  following  measures  should  be  taken  within  two

years  after  the  entry  into  force  of  the  Treaty:

under  which 

-(cid:217)the  determination  of  the  conditions  and  limi(cid:220)
tations 
law
enforcement  authorities  of  one  Member  State
may  operate  in  the  territory  of  another  Member
State,  in  liaison  and  in  agreement  with  the  latter,

competent 

the 

-(cid:217)in  return,  what  types  of  operation,  and  under
what  arrangements,  is  each  Member  State  willing
to  accept  in  its  own  territory?

The  creation  of  a  collective  framework  for  this  type
of  operation  is  one  of  the  priorities  of  police  coop(cid:220)
eration.  This  framework  can  be  a  flexible  one;

(c) the  development  and  expansion  of  operational
cooperation  between  law  enforcement  services  in
the  Union  and  the  strengthening  of  technical
police  cooperation.

The  joint  action  carried  out  in  particular  by  the
Member  States’  customs  administrations  should
be  used  where  appropriate  as  a  model  and
should  be  expanded  in  cooperation  with  national
police  forces  and  gendarmeries  and 
in  close
conjunction  with  the  judicial  authorities.  In  the
medium  term,  Europol  could  serve  as  a  backup
for  these  future 
it  will  be
possible  to  activate  under  what  the  Amsterdam
Treaty  has  established  as  "decisions  for  any  other

initiatives,  which 

(a)(cid:217)implement  effectively  and,  where  appropriate,
further  develop  the  European  judicial  network:

The  effective  implementation  of  the  European
judicial  network  is  a  priority  matter.  It  will  bring
about  a  practical  improvement  in  cooperation
and  needs  to  be  equipped  with  modern  tools  to
enable 
cooperation.  Consideration
ought  to  be  given  now  to  making  it  more  oper(cid:220)
ational;

efficient 

(b) finalise  the  Convention  on  Mutual  Assistance  in
Criminal  Matters  as  well  as  an  additional
Protocol  to  the  Convention  and  implement  them
as  soon  as  possible.

The  possibility  should  be  examined  to  foresee
the  simplification  of  the  procedures  and  the  limi(cid:220)
tation  of  ground  for  refusal  of  assistance;

(c) facilitate  extradition  between  Member  States  by
ensuring  that  the  two  existing  conventions  on
extradition 
are
effectively  implemented  in  law  and  in  practice;

adopted  under 

the  TEU 

(d) strengthen  and  develop 

fight  against  money

laundering;

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(e) facilitate  and  accelerate  cross(cid:220)border  cooperation
between  the  competent  ministries  and  judicial  or
equivalent  authorities  of  the  Member  States;

(f) initiate  a  process  with  a  view  to  facilitating
mutual  recognition  of  decisions  and  enforcement
of  judgments  in  criminal  matters;

(g) examine  the  role  and  the  place  of  the  judicial
authorities  in  the  framework  of  a  further  devel(cid:220)
the
opment  of  Europol 
Amsterdam  Treaty,  with  a  view  to  improving  the
efficiency  of  the  institution;

in  accordance  with 

(h) consideration  of  the  arrangements  under  which
judicial  or  equivalent  authorities 
from  one
Member  State  may  operate  in  the  territory  of
another  Member  State  (Article  32  of  the  TEU).

law,  corruption,  computer 

Prime  candidates  for  this  examination  could
include,  in  so  far  as  they  relate  to  organised
crime,  terrorism  and  drug  trafficking,  offenses
such  as  trafficking  in  human  beings  and  sexual
exploitation  of  children,  offences  against  drug
trafficking 
fraud,
offences 
terrorists,  offences
committed  against 
the  environment,  offences
committed  by  means  of  the  internet  and  money
laundering  in  connection  with  those  forms  of
crime.  Parallel  work 
international  organi(cid:220)
in 
sations  like  the  Council  of  Europe  have  to  be
taken  into  consideration;

committed  by 

(b) examine  the  possibility  to  approximate,  where
necessary,  national  legislation  on  counterfeiting
(protection  of  the  euro),  fraud  and  counter(cid:220)
feiting  involving  means  of  payment  other  than
currency.

IV.(cid:217)Horizontal  problems

Consideration  should  be  given  to  two  points 
particular:

in

47.(cid:217)The  following  measures  should  be  taken  within  two

years  of  the  entry  into  force  of  the  Treaty:

-(cid:217)the  determination  of  the  conditions  and  limi(cid:220)
tations  under  which 
judicial
and/or  prosecutorial  authorities  of  one  Member
State  may  operate  in  the  territory  of  another
Member  State,  in  liaison  and  in  agreement  with
the  latter,

the  competent 

(a)(cid:217)examine  the  possibilities  for  harmonised  rules  on

data  protection,

(b) finalise,  if  it  has  not  been  completed,  evaluate
the  implementation  and  consider  a  follow  up  to
the  plan  of  action  on  organised  crime,  approved
by  the  European  Council  at  Amsterdam,

-(cid:217)in  return,  what  types  of  operation,  and  under
what  arrangements,  is  each  Member  State  willing
to  accept  in  its  own  territory?

(c) continue  the  process  of  mutual  evaluation  under
the  Joint  Action  adopted  by  the  Council  on  5
December  1997,

The  creation  of  a  collective  framework  for  this  type
of  operation  is  one  of  the  priorities  of  judicial  coop(cid:220)
eration.  This  framework  could  be  a  flexible  one.

(d) continue  and  develop  the  work  started  under  the
action  plan  on  organised  crime  on  the  question
of  safe  havens  and  fiscal  paradises.

III.(cid:217)Approximate 

the  Member  States’  rules  on

criminal  matters

Measures  to  be  taken  within  five  years

I.(cid:217)Police  cooperation

46.(cid:217)The  following  measures  should  be  taken  within  two

48.(cid:217)The  following  measures  should  be  taken  within  five

years  of  the  entry  into  force  of  the  Treaty:

years  after  the  entry  into  force  of  the  Treaty:

(a)(cid:217)identify  the  behaviour  in  the  field  of  organised
crime,  terrorism  and  drug  trafficking,  for  which
it  is  urgent  and  necessary  to  adopt  measures
the
establishing  minimum 
constituent  elements  and  to  penalties  and, 
if
necessary,  elaborate  measures  accordingly.

relating 

rules 

to 

(a)(cid:217)as  regards  cooperation  within  the  framework  of

Europol:

(i)(cid:217)promote 

liaison 

between
arrangements 
prosecuting/investigating  officials 
special(cid:220)
ising  in  the  fight  against  organised  crime  in

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close  cooperation  with  Europol  (Article
30(2)(c)  of  the  TEU),

(ii)(cid:217)establish  a  research  and  documentation
network  on  cross(cid:220)border  crime  (Article
30(2)(d)  of  the  TEU),

(iii) improve  the  statistics  on  cross(cid:220)border  crime

(Article  30(2)(d)  of  the  TEU),

(iv)(cid:217)set  up  a  system 

the  exchange  of
for 
information  and  analysis  on  money  laun(cid:220)
dering,

(v)(cid:217)examine  whether  and  how  Europol  could
have  access  to  the  Customs  Information
System,

(vi)(cid:217)in  cooperation  with  Europol,  elaborate  and
implement  an  information  strategy  in  order
to  make  the  work  and  powers  of  Europol
known  to  the  public,

(vii)(cid:217)study  the  possibility  of  setting  up  a  system
fingerprints  electronically

of  exchanging 
between  Member  States;

(b) other  police  cooperation  measures

(i)(cid:217)encourage  general  policy  and  operational
cooperation  between  the  competent  auth(cid:220)
orities,  including  the  police,  customs  and
other  specialised  law  enforcement  services
and  the  judicial  authorities  of  the  Member
States 
the  prevention,
detection  and 
investigation  of  criminal
offences  (Article  30(1)(a)  of  the  TEU).

relation 

to 

in 

In  this  context  it  would  be  useful  to  develop
and  enhance  existing  bilateral  and  regional
cross(cid:220)border  cooperation,  for 
instance  by
continuing  and  extending  on  a  similar  basis
the  experiments  with  joint  police  stations.

It  would  also  be  desirable  to  continue  the
development  of  customs  risk  analysis  tech(cid:220)
niques  and  the 
improvement  of  customs
control  methods  such  as  the  implementation
of  the  container  control  action  plan  and  to
consider  the  new  avenues  where  there  is  a
possibility  for  fraud,  such  as  internet,

of 

and 

(ii)(cid:217)organise  the  collection,  storage,  processing,
analysis 
relevant
exchange 
information,  including  information  held  by
law  enforcement  services  on  reports  on
in
suspicious 
particular  through  Europol,  subjet  to  appro(cid:220)
priate  provisions  on 
the  protection  of
personal  data  (Article  30(1)(b)  of  the  TEU),

transactions, 

financial 

(iii)(cid:217)promote  cooperation  and  joint  initiatives  in
training,  the  exchange  of  liaison  officers,
the  use  of  equipment,  and
secondment, 
forensic  research  (Article  30(1)(c)  of  the
TEU).

II.(cid:217)Judicial  cooperation  in  criminal  matters

49.(cid:217)The  following  measures  should  be  taken  within  five

years  of  the  entry  into  force  of  the  Treaty:

(a)(cid:217)consider  whether 

formal
improvements  can  still  be  made  to  extradition
procedures  including  rules  to  reduce  delays.

substantive 

and 

The  issue  of  extradition  in  relation  to  procedures
in  absentia,  with  the  full  respect  of  fundamental
rights  granted  by  the  European  Convention  of
Human  Rights,  might  also  be  examined  in  this
context,

(b) further 

facilitate 

cooperation
between  ministries  and  judicial  authorities  in  the
field  of  criminal  proceedings,

cross(cid:220)border 

(c) examine  the  feasibility  of  improved  cross(cid:220)border
cooperation  on  the  transfer  of  proceedings  and
the  enforcement  of  sentences,

(d) study  the  feasibility  of  extending  and  possibly
information  on
the  exchange  of 

formalising 
criminal  records,

(e) prevent  conflicts  of  jurisdiction  between  Member
States,  by,  for  instance,  examining  the  possibility
of  registering  whether  there  are  proceedings
against  the  same  persons  on  the  same  offences
pending  in  different  Member  States.

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for 

investigations  and  prosecutions 

the  coordination  of
Establish  measures 
criminal 
in
progress  in  the  Member  States  with  the  aim  of
preventing  duplication  and  contradictory  rulings,
taking  account  of  better  use  of  the  ne  bis  in  idem
principle.

III.(cid:217)Approximation  of  the  rules  on  criminal  matters

account  of  the  rights  of  third  parties  in  bona
fide,

rules 

(c) continued  elaboration  of  measures  establishing
the  constituent
minimum 
relating 
elements  of  behaviour  and  to  penalties  in  all
fields  of  organised  crime,  terrorism  and  drug
trafficking.

to 

50.(cid:217)The  following  measures  should  be  taken  within  five

years  of  the  entry  into  force  of  the  Treaty:

IV.(cid:217)Horizontal  problems

(a)(cid:217)ensure  compatibility  of 

the  rules  applicable
between  Member  States  in  so  far  as  necessary  to
improve  judicial  cooperation.  A  reflection  should
also  be  started  on  possibilities  for  avoiding  that
abuse  of  judicial  remedies  can  affect  or  delay
cooperation.

Efficient  procedural  standards  should  be  sought
that  will  improve  mutual  assistance  in  criminal
matters  while  complying  with  the  requirements
of  fundamental  freedoms.  Consideration  should
begin  in  the  field  of  telecommunication  inter(cid:220)
ception  and  also  on  civil  actions  relating  to
criminal  offences.  In  that  connection,  compen(cid:220)
sation  for  the  victims  of  crime  must  be  an  avenue
not  to  be  neglected,

(b) improve  and  approximate,  where  necessary,
national  provisions  governing 
seizures  and
confiscation  of  the  proceeds  from  crime,  taking

51.(cid:217)The  following  measures  should  be  taken  within  five

years  of  the  entry  into  force  of  the  Treaty:

(a)(cid:217)identify  which  specific  forms  of  crime  which  can
be  best  combated  by  a  general  EU  approach,
such  as  computer  crime, 
in  particular  child
pornography  on  the  Internet,  racism  and  xeno(cid:220)
phobia,  drug  trafficking  and  the  approximation
of  offences  in  that  area,  taking  into  account
work  in  other  international  organisations,

(b) develop  cooperation  and  concerted  measures  on

matters  relating  to  crime  prevention,

(c) address  the  question  of  victim  support  by  making
a  comparative  survey  of  victim  compensation
schemes  and  assess 
taking
action  within  the  Union,

the  feasibility  of 

(d) effectively  implement  the  Preaccession  Pact  on

Organised  Crime.