Communication from the Commission to the Council and the European Parliament - Scoreboard to review progress on the creation of an area of "Freedom, security and justice" in the European Union
Date: 2000-03-24
Institutions: European Commission
Subjects: Treaty on European Union, access to the courts, fundamental rights, immigration, public safety

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 13.4.2000
COM(2000) 167 final/2

CORRIGENDUM:
Annule et remplace
la version du 24. 3. 2000
Concerne uniquement
la version anglaise

COMMUNICATION FROM THE COMMISSION
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

SCOREBOARD TO REVIEW PROGRESS ON THE CREATION OF AN AREA OF
“FREEDOM, SECURITY AND JUSTICE” IN THE EUROPEAN UNION

1.

Introduction.................................................................................................................... 4

1.1.

Aims of the Scoreboard......................................................................................... 4

1.2.

How to read the Scoreboard .................................................................................. 5

1.3.

Scope of the Scoreboard........................................................................................ 6

1.4.

Keeping the Scoreboard up-to-date ....................................................................... 7

2. A Common EU Asylum and Migration Policy ................................................................ 8

2.1.

Partnership with countries of origin....................................................................... 8

2.2.

A Common European Asylum System .................................................................. 8

2.3.

Fair treatment of third country nationals.............................................................. 11

2.4. Management of migration flows.......................................................................... 13

3. A Genuine European Area of Justice ............................................................................ 15

3.1.

Better access to justice in Europe ........................................................................ 15

3.2. Mutual recognition of judicial decisions.............................................................. 17

3.3.

Greater convergence in civil law ......................................................................... 19

4. Unionwide Fight against Crime .................................................................................... 20

4.1.

Preventing Crime at the level of the Union .......................................................... 20

4.2.

Stepping up cooperation in the fight against crime .............................................. 20

4.3.

Fight against certain forms of crime .................................................................... 23

4.4.

Special action against money laundering ............................................................. 25

5.
Issues related to internal and external borders and visa policy, Implementation of
Art. 62 TEC and converting the Schengen Acquis ................................................................ 26

2

6. Citizenship of the Union ............................................................................................... 27

7. Cooperation Against Drugs........................................................................................... 27

8.

Stronger External Action .............................................................................................. 28

3

1.

INTRODUCTION

The European Council meeting in Tampere on 15 and 16 October 1999 invited
the Commission to make a proposal
for an “appropriate Scoreboard
mechanism” whose purpose would be to “keep under constant review progress
made towards implementing the necessary measures and meeting the deadlines”
set by the Treaty of Amsterdam, the Vienna Action Plan and the conclusions of
Tampere for the creation of an “area of freedom, security and justice”.

In the meantime, Commissioner Vitorino has conducted a tour of capitals, and
has held some preliminary discussions with the European Parliament as well as
with representatives of other institutions. Furthermore, the fruitful discussion
which took place at the informal meeting of Ministers of Justice and Home
Affairs in Lisbon on 3 March also contributed positively to the increasingly
growing consensus on the form and purpose of the Scoreboard.

1.1.

Aims of the Scoreboard

In the Commission’s view, such a “Scoreboard” should be more than a purely
mechanical instrument to facilitate the internal monitoring by the EU institutions
of their progress in adopting the legislative and other instruments needed to
establish the area of Freedom, Security and Justice. It should rather be, first and
foremost, an instrument for helping to achieve an objective – the creation and
development of the European Union as an area of freedom, security and justice
– which itself belongs not to the institutions but to the citizens of the Union. But
it cannot be achieved except as an exercise in partnership and cooperation
involving not only all the institutions of the Union but also the Member States
individually.

The Scoreboard should thus have three separate but related purposes:

–

–

–

to ensure the significant degree of transparency that a project of such
direct interest to citizens demands;

to keep up the momentum generated by the Tampere European Council;

those
to exercise pressure on any identified areas of delay so that
the political
responsible are reminded of
commitment so clearly and repeatedly expressed by the European Council
in this matter.

the need to rediscover

The components of the area of Freedom, Security and Justice and the timetable
for achieving it, have already been examined at length and are set out in Treaty
form by Amsterdam;
in clear political guidelines by Tampere; and in
considerable detail by the Vienna Action Plan. The Commission does not, of
course, rule out
to which it hopes a living
document such as this Scoreboard will give rise in particular with the European
Parliament, could well lead to new ideas and targets. However, our starting point
has to be the elements already endorsed by the European Council. And the
guiding principle in this area, as in others, must be that of subsidiarity in which

the transparent dialogue,

that

4

decisions are taken as openly as possible and as closely as possible to the
citizen.

If it is to serve these purposes and to provide a reliable road map in such a
complex area involving a large number of individual measures to be adopted,
the Scoreboard must visualise both the road still ahead and the distance already
covered, not hesitating to display both the areas where progress is on track but
also where it is lagging behind schedule. It must be sufficiently detailed and
structured that precise targets to be reached by the end of the each calendar year
are clearly identified and visible.

This approach builds on the method successfully adopted in earlier ventures of
the Union, in particular the establishment of the Single Market.

further underlines

the partnership-based nature of

It is important to recall that, in almost all areas of Justice and Home Affairs, the
Commission and Member States, for a transitional period of five years following
the entry into force of the Treaty of Amsterdam, share the right of initiative for
legislation. This
the
responsibilities for taking forward this project. When the Scoreboard indicates
that responsibility for taking the initiative lies with the Commission rather than
with a Member State, this mainly reflects the language of Tampere, which
specifically requested certain actions from the Commission. There are also a
limited number of items where action is attributed to the Commission either
because it already appears in the Commission’s published work programme or
because the Treaty Article on which it is based provides for exclusive right of
the Commission (e.g. Article 18 for action in the field of European citizenship).
In other cases, the Scoreboard leaves open the possibility that the initiative
could come as well from the Commission as from any Member State. In some
areas, certain Member States have already indicated their intention to take the
first initiative and this is duly recorded in the Scoreboard.

1.2.

How to read the Scoreboard

The Scoreboard is intended to be both accessible and comprehensible to non-
specialist readers. It will be a living document, regularly updated, and could, if
the European Parliament so wishes, become a major component of its annual
debate on progress in this area. This should also open to public scrutiny the steps
being taken to achieve one of the Union’s main political objectives in areas
which have in the past been considered rather impenetrable to non-specialist
observers. This is especially important since public support for the project is
essential to its success.

The proposed Scoreboard is structured in tabular form. It follows as close as
possible the chapter headings used in Tampere and is divided into the following
columns:

• The individual objectives as listed in the Tampere Conclusions, in the Vienna

Action Plan and in the Treaty itself

5

• The form of follow-up action needed, distinguishing where appropriate
between legislative and non-legislative action including if possible the nature
of the instrument required

• Where responsibility lies for taking things forward

• The deadlines for adoption, where these are already indicated in the basic
texts or have been added or subsequently adjusted to take account of later
developments. Where the basic texts are silent on deadlines, this first version
of the Scoreboard is also silent with a view to filling in dates in the light of
discussion

• The state of play (this column will serve to identify what has been achieved

as well as where progress is lagging)

1.3.

Scope of the Scoreboard

The Scoreboard has a somewhat wider coverage than the areas contained in
Title IV of the Treaty establishing the European Community and in Title VI of
the Treaty on European Union alone. It includes, for example, a number of
measures needed in relation to the concept of European citizenship, as well as
some subjects not specifically mentioned in the Amsterdam Treaty, the Vienna
Action Plan or the Tampere conclusions but raised by certain Member States
during Commissioner Vitorino’s tour of capitals in the first weeks of the
year 2000.

the Scoreboard at

On the other hand,
this stage does not attempt any
comprehensive coverage of the potentially vast area of legislative activity which
flows from the incorporation of Schengen into the Treaty. The Commission is
still reflecting on the appropriate schedule for such action, inclining to the view
that the priority with which there is a need to convert Schengen provisions into
“Amsterdam” instruments will depend more on developments than on any
absolute requirement to convert them for the sake of doing so. Thus it has
included a reference to the need to “communautarise” Article 2.2 of the
Schengen Convention, since that article has already been invoked on a number
of occasions since the entry into force of the Treaty. A similar approach has
been adopted with regard to certain “third pillar” instruments which will have to
be converted in due course.

Furthermore, certain issues of a horizontal nature and relevant to the creation of
an area of freedom, security and justice in the European Union are not dealt with
directly by this Scoreboard. In some cases, these questions are handled in other
bodies – as in the case of the Convention entrusted with drawing up a draft
Charter of fundamental rights of the European Union, or the Intergovernmental
Conference with regard to the role of the European Court of Justice or the
protection of the financial interests of the Community. In others, they cut across
different actions proposed in the Scoreboard, for example in the case of the
external actions of Justice and Home Affairs, where, in accordance with the
conclusions of the European Council of Tampere, the first step is for specific
recommendations to be drawn up by the Council and the Commission

6

concerning priorities, policy objectives and measures, including the question of
working structure, before the Feira European Council in June 2000.

Similarly, it is too early for detailed actions to be listed in the field of crime
prevention since this will be the subject of a major conference organised by the
Portuguese Presidency in May 2000.

1.4.

Keeping the Scoreboard up-to-date

The Commission proposes drawing an updated version of the Scoreboard to the
attention of the European Parliament and the Council once per Presidency. This
will provide the occasion to review progress made; to indicate where and when
it may be slipping; and, if necessary, to adjust priorities but without losing sight
of the overall objective and timescale set out in the Treaty and in the subsequent
European Council conclusions. The first such review will also provide the
opportunity to build up further the picture in terms of how the Member States
and the Commission share the responsibilities regarding the right of initiative
in any areas which remain uncovered.

7

2.

A COMMON EU ASYLUM AND MIGRATION POLICY

The separate but closely related issues of asylum and migration call for the
development of a commun EU policy to include the following elements:

2.1.

Partnership with countries of origin

A comprehensive approach to migration will be developed, addressing political,
human rights and development issues in countries and regions of origin and
transit based on a partnership with those countries and regions with a view to
promoting co-development.

Objective

Action needed

Responsibility

Timetable for
adoption

State of play

Assessment of
countries and regions
of origin and transit in
order to formulate
specific integrated
approaches

Continuation of the
mandate of the High
Level Working Group
on Asylum and
Migration

Council & Commission

Assessment of other
countries and regions
in view of drawing up
new action plans

Council & Commission

April 2001

Ongoing work within the
HLWG – Report on the
implementation of the
action plans already
adopted :
December 2000

No decision yet taken on
which further countries
need to be assessed

2.2.

A Common European Asylum System

The aim is to ensure a full and inclusive application of the Geneva Convention,
ensuring that nobody is sent back to persecution, i.e. maintaining the principle of
non-refoulement.

In the long term, a common asylum procedure and a uniform status for granting
asylum valid throughout the Union must be established.

Secondary movements by asylum seekers between Member States should be
limited.

A temporary protection regime for displaced persons on the basis of solidarity
among Member States will be established.

8

Objective

Action needed

Responsibility

Timetable
for
adoption

State of play

Determination of the State
responsible for the
examination of an asylum
application

Examination of the
effectiveness of the Dublin
Convention

Evaluation to be
conducted by
the Commission

2000

To be launched by Spring
2000 – Commission
evaluation document
available in March/April

Adoption of criteria and
mechanisms (regulation)

April 2001

Council, on the
basis of a
Commission
proposal

Working document
submitted by the
Commission in
March 2000

Finalise work on
EURODAC

Council and
Commission

Commission proposal to
be submitted by end 2000

Commission proposal
submitted in 1999 (revised
proposal submitted in
March 2000)

EP to be reconsulted

Ongoing preparatory work
for the setting up of the
System, under
responsibility of the
Commission

A fair and efficient asylum
procedure

Adoption of common
minimum standards on
procedures for granting or
withdrawing refugee status
with a view, inter alia, to
reducing the duration of
asylum procedures, and
paying special attention to
the situation of children
(directive)

Council, on the
basis of a
Commission
proposal

April 2001

Working document tabled
by the Commission in
March 1999

Opinion of the EP still
awaited

Commission proposal to
be submitted taking
account inter alia, of the
EP opinion when available

April 2001

Commission has put in
hand a preliminary study

Commission proposal to
be submitted beginning
2001

Commission to prepare a
communication by end
2000

Commission to prepare a
communication

Definition of common
minimum conditions for
reception of asylum
seekers (with a particular
attention to the situation of
children) (directive)

Council, on the
basis of a
Commission
proposal

Common asylum
procedure

Partially, the
Commission

Uniform status for those
who are granted asylum
throughout the Union

As a follow-up to the
Commission
communication a
legislative instrument may
be needed

Council, on the
basis of a
Commission
proposal

Approximation of rules on
the recognition and
content of the refugee
status (directive)

Council, on the
basis of a
Commission
proposal

April 2004

9

Adoption of measures on
refugees and displaced
persons aiming at offering
an appropriate status to
any person in need of
international protection

Temporary protection in
case of mass influx of
displaced persons in need
of international protection
(directive)

Council, on the
basis of a
Commission
proposal

As quickly
as possible

Revised Commission
proposal to be submitted
Spring 2000

Promotion of a balance of
effort between Member
States in receiving and
bearing the consequences
of receiving refugees and
displaced persons

Subsidiary forms of
protection (directive)

Setting up a European
Refugee Fund (decision)

Council, on the
basis of a
Commission
proposal

Council, on the
basis of a
Commission
proposal

April 2004

As quickly
as possible

Commission proposal
tabled on 14 December
1999

Securing a financial
reserve available in
situations of mass influx of
refugees

Council and EP

Commission is exploring
possibilities

10

2.3.

Fair treatment of third country nationals

The conditions for admission and residence of third country nationals will be
approximated, on the basis of a shared assessment of the economic and
demographic developments within the Union, as well as the situation in the
countries of origin.

An integration policy should aim at granting third country nationals who reside
legally on the territory of Member States (and in particular long-term residents),
rights and obligations comparable to those of European Union citizens, as well
as enhancing non-discrimination and the fight against racism and xenophobia.

Objective

Action needed

Responsibility

Fight against all
forms of
discrimination,
and more
particularly racism

& xenophobia

1

Implementation of the
principle of equal treatment
between persons
irrespective of race or ethnic
origin (directive)

Council, on the
basis of a
Commission
proposal

Establishment of a general
framework for equal
treatment in employment
and occupation (directive)

Council, on the
basis of a
Commission
proposal

Programmes drawing upon
best practices and
experiences (decision)

Council, on the
basis of a
Commission
proposal

Strengthening of
cooperation with the
European Monitoring Centre
on Racism & Xenophobia
and the Council of Europe

Council /
Commission

Timetable
for
adoption

June-
December
2000

State of play

Commission proposal
submitted to Parliament
and Council on 25
November 1999

Commission proposal
submitted to Parliament
and Council on 25
November 1999

Commission proposal for a
Community action
programme (2001-2006)
to support Member States’
efforts, submitted to
Parliament and Council on
25 November 1999

Official opening of the
Centre on 7 April 2000

1

Measures aiming at enhancing non-discrimination and fighting against racism and xenophobia
apply generally to all persons residing in the territory of the European Union ; they are particularly
relevant with regard to third country nationals.

11

Enhancing police and
judicial cooperation in
preventing and combating
racism and xenophobia –
Common incrimination of
racism and xenophobia

(framework decision)

2

Approximation of
national
legislations on the
conditions for
admission and
residence of third
country nationals

Assessment of present and
future migration flows into
the EU, with regard to
demographic changes, the
situation of labour market,
as well as migration
pressures from countries
and regions of origin

Council, on the
basis of a
Commission
proposal

Second report on the
implementation of the
Joint action of 15 July
1996 to be tabled in June
2000

Council /
Commission /
Member States

Commission
communication to be
submitted by Autumn 2000

Council, on the
basis of Commission
proposals

Conditions of entry and
residence for the purpose of
(a) family reunification, (b)
study or vocational training,
unpaid activities, (c) paid
employment and self
employed economic activity
(directives)

Standards and procedures
for the issue of long term
visas and residence permits
(directive)

Council, on the
basis of Commission
proposals

Council, on the
basis of Commission
proposals

Approximation of
the legal status of
third country
nationals

Definition of a set of uniform
rights (e.g. the right to
reside, receive education
and work as an employee or
a self-employed person) to
be granted to third country
nationals who have resided
legally in a Member State for
a period of time to be
determined (directive)

Commission proposal for a
directive on the right to
family reunification
submitted to Parliament
and Council on 1
December 1999

Studies being carried out
on admission for other
purposes

Study put in hand by the
Commission on the legal
status of third country
nationals who are long-
term residents in a
Member State of the
European Union

2

See also table on “fight against certain forms of crime”.

12

Council, on the
basis of Commission
proposals

Determination of the criteria
and of 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, taking account of
the consequences for social
equilibrium and the labour
market (directive)

2.4.

Management of migration flows

Management of migration flows should be improved every stage through close
cooperation with countries of origin and transit.

The fight against
criminal networks involved while securing the rights of victims.

immigration will be enhanced by combating the

illegal

Objective

Action needed

Responsibility

Timetable
for
adoption

State of play

Data collection started
in October 1998 ;
second phase
(extension to
candidate countries,
Norway and Iceland)
to be launched during
the second half of
2000 (after evaluation
of the initial phase)

Preparatory actions
(on the basis of
previous feasibility
study) financed by
ODYSSEUS
programme ;
Commission’s staff
working document to
be issued in
Spring 2000

Commission to table
proposal by the end of
2000

To improve the exchange of
statistics and information on
asylum and immigration
(this exchange should
include statistics as well as
information on national
legislations and policies)

Further
implementation of the
action plan adopted by
the Council in April
1998

Commission, in
cooperation with
Member States

Setting up of a (virtual)
European Migration
Observatory

Commission

To enhance the fight
against trafficking in human
beings and economic
exploitation of migrants

Council on the basis
of Commission
proposals

Adoption measures
establishing minimum
rules relating to the
constituent elements
of criminal acts and to
penalties in the field of
organised crime linked
with trafficking of
human beings

(framework decision)

3

3

See also table on “fight against certain forms of crime”.

13

Detecting and
dismantling the
criminal networks
involved by making
the fight against illegal
immigration one of the
priorites of the
operational
cooperation

Further harmonisation
of Member States
laws on carrier’s
liability (directive)

Development of
information campaigns
on the actual
possibilities for legal
immigration and for
the prevention of all
forms of trafficking in
human beings

Promotion of voluntary
return

Strengthening the
ability of the
authorities of those
countries to combat
effectively trafficking in
human beings

Helping third countries
to cope with their
readmission obliga-
tions towards the
Union and the
Member States

To conclude read-
mission agreements or
to include standard
clauses in other
agreements between
the European
Community and
relevant third countries
or groups of countries

To assist countries of origin
and transit

To establish a coherent
European Union policy on
readmission and return

Member States /
Europol

Council on the basis
of a Commission
proposal or a
Member State
initiative

Council on the basis
of Commission
proposals

April 2001

Council, on the
basis of Commission
proposals

Recommandation for
Commission
negotiating mandates
for Community
readmission
agreements with four
third countries tabled
by Commission on 14
February 2000

14

3.

A GENUINE EUROPEAN AREA OF JUSTICE

The ambition is to give citizens a common sense of justice throughout the
Union. Justice must be seen as facilitating the day-to-day life of people and
bringing to justice those who threaten the freedom and security of individuals
and society. This includes both a better access to justice and a full judicial
cooperation among Member States.

3.1.

Better access to justice in Europe

A genuine area of justice must ensure that people and businesses can approach
courts and authorities in any Member State as easily as in their own and not be
prevented or discouraged from exercising their rights by the complexity of the
legal and administrative systems in the Member States.

Objective

Action needed

Responsibility

Timetable for
adoption

State of play

Information campaign and
publication of “user guides”
on judicial cooperation within
the Union

Commission

Ensure
legal
security and
equal
access to
justice

Commission to launch preparatory
work

Establishment of a
permanent information
system by a network of
national authorities (the
European Judicial Network
for civil matters)

Proposal to establish
minimum standards of legal
aid

Council on the basis
of a proposal by the
Commission

2001

Preliminary discussions taking
place in Council – Commission to
launch a feasibility study on data
base

April 2004

Council on the basis
of a Commission
proposal or a
Member State
initiative

Commission transmitted a Green
Paper in February 2000 –
Parliament and Council to
examine the Green Paper
Commission is preparing a paper
on recovery of legal costs and
lawyer’s fees as well as on “group
actions”

Proposal on common
procedural rules for small
civil and commercial claims,
uncontested claims and
maintenance claims

Council on the basis
of a Commission
proposal or a
Member State
initiative

April 2004

Commission to launch study on
small claims

Proposal to establish
minimum standards of
quality for ADR

Member States to
set up the extra
judicial procedures

April 2004

Commission issued a
recommendation in 1998 on
principles applicable to ADR
(Alternative Dispute Resolution)
for consumers; Commission is
launching on EEJ (European Extra
Judicial) net for consumers

Ensure
legal
security and
equal
access to
justice

Creation of multilingual
forms mutually accepted as
valid documents in cross-
borders legal proceedings

Council on the basis
of a Commission
proposal or a
Member State
initiative

April 2004

To be included in the programme
on mutual recognition of civil and
commercial decisions

15

Drawing up of minimum
standards for protection of
victims

Parliament and
Council to examine
the Commission’s
communication

Commission transmitted a
communication in July 1999

Protect
rights
to
compensant
ion
and
provide
assistance
to victims

Further instruments on
approximation of victim’s
compensation mechanism

2004

16

3.2.

Mutual recognition of judicial decisions

A genuine area of justice must provide legal certainty to people and to economic
operators. To that end,
judgements and decisions should be respected and
enforced throughout the Union.

Enhanced mutual recognition of judicial decisions and judgements and the
necessary approximation of legislation would facilitate co-operation between
authorites and the judicial protection of individual rights. In order to ensure that
the priniciple of mutual recognition should become the cornerstone of the
judicial co-operation in both civil and criminal matters within the European
Union.

As regards to civil matters;

Objective

Action needed

Responsibility

Timetable for
adoption

State of play

Commission is
initiating
preparatory
studies with a
view to
presenting a
proposal

Presidency to
organise a
conference in
July

This action is
to be included
in the
programme of
measures to
implement the
principle of
mutual
recognition

This action is
to be included
in the
programme of
measures to
implement the
principle of
mutual
recognition

Enhanced mutual
recognition of judicial
decisions and judgements,
and the necessary
approximation of
legislation, to facilitate
cooperation between
authorities and the judicial
protection of individual
rights

Programme of
measures on mutual
recognition of civil and
commercial decisions
(containing measures
required for mutual
recognition and
enforcement;
abolishing obstacles
for small claims and
family litigation

Council and
Commission to
adopt a
programme

Programme to
be adopted by
the end of 2000

Launching of work on
the European
Enforcement Order

Council on the
basis of a
Commission
proposal or a
Member State
initiative

Proposal on minimum
standards on specific
areas of civil
procedural laws (new
procedural legislation
on money payments)

17

As regards to criminal matters;

Objective

Action needed

Responsibility

Timetable for
adoption

State of play

Make sure criminals have
no safe havens

Ratification of the
1995 and 1996 EU
Conventions on
extradition

Member States

April 2001

Six M-S ratified the
1995 Convention

Six M-S ratified the
1996 Convention

End 2001

Commission to
prepare proposal

End 2001

Commission to
prepare proposal

April 2004

Programme to
be adopted by
the end 2000

Discussion has
started in Council on
the basis of UK
paper and
Commission is to
prepare a paper on
recognition of final
decisions

Discussion in
Council on the basis
of a Presidency
paper concerning

freezing of assets

4

April 2004

To be included in
Commission paper

Ensure that decisions
taken in one Member
State have effect
throughout the Union

Study on abolition of
formal extradition
procedures
concerning persons
fleeing from justice
after having been
sentenced

Providing for fast track
extradition procedures

Examine the issue of
extradition in relation
to procedures in
absentia

Programme of
measures on the
application of the
principle of mutual
recognition to be
followed by specific
instruments

Application of mutual
recognition to pre-trial
orders

Examine the feasibility
of improved cross-
border cooperation on
the transfer of
proceedings and the
enforcement of
sentences

Council on the
basis of a
Commission
proposal

Council on the
basis of a
Commission
proposal

Council on the
basis of a
Commission
proposal or a
Member State
initiative

Council /
Commission

Council on the
basis of a
Commission
proposal or a
Member State
initiative

Council on the
basis of a
Commission
proposal or a
Member State
initiative

4

See table on “special action against money laundering”.

18

Study the feasibility of
extending and
possibly formalising
the exchange of
information on criminal
records

Council on the
basis of a
Commission
proposal or a
Member State
initiative

April 2004

To be included in
Commission paper

3.3.

Greater convergence in civil law

In order to smooth judicial cooperation and to enhance access to law, better
compatibility and more convergence between the legal systems must be
achieved.

Objectives

Action needed

Responsibilty

Eliminate
obstacles created
by disparities in
law and
procedures

New procedural legislation
in cross border cases (e.g.
provisional measures,
taking of evidence, time
limits)

Council on the basis of
a Commission
proposal or a Member
State initiative.
Germany to table an
initiative on taking of
evidence

State of play

Timetable for
adoption

April 2004

Overall study in order to
identify and eliminate
obstacles to the good
functioning of civil
proceedings

Council should
prepare a report

End 2001

Commission to prepare
a communication

Finalising the Brussels
and the Lugano
Conventions

Council on the basis of
a Commission
proposal

April 2001

Council to adopt
regulation

Drawing up a legal
instrument on the law
applicable to non-
contractual obligations.

Council on the basis of
a Commission
proposal or a Member
State initiative

April 2001

Commission to prepare
draft agreement with
Norway, Iceland and
Switzerland

Commission to issue a
communication by
Spring 2000

Revising, where
necessary, the 1980
Rome Convention.

Council on the basis of
a Commission
proposal or a Member
State initiative

April 2001

Commission to prepare
a communication to be
followed, if need be by a
draft Regulation

Council/ Commission

April 2004

April 2004

Preliminary study on the
possibility of drawing up a
legal instrument on the law
applicable to divorce

Elaboration of a
preliminary study on
jurisdiction and applicable
law for matrimonial
property and successions

19

4.

UNIONWIDE FIGHT AGAINST CRIME

A balanced development of unionwide measures against all forms of crime,
including serious organised and transnational crime, should be achieved while
protecting the freedom and legal rights of individuals and economic operators.

4.1.

Preventing Crime at the level of the Union

Any efficient policy in the fight against all
otherwise, must include also preventive measures of a multidisciplinary nature.

types of crime, organised or

Integration of crime prevention aspects in actions and programmes against crime
at the Union and Member States level.

Cooperation between national prevention organisations should be encouraged
whilst identifying certain areas of priority.

Objectives

Action needed

Responsibility

Timetable
for adoption

State of play

Prevent crime
through reduction of
opportunities

Identification and development of
common priorities – political
guidelines – to be taken into
account when preparing new
legislation

Council/
Commission/
Member States

The Portuguese
Presidency to
organise a high-level
conference in May
2000

Integration of crime prevention
aspects in actions and
programmes against crime at the
Union and Member States level –
political guidelines by Council

Council/
Commission/
Member States

Facilitate
cooperation
between Member
States

Exchange of best practices and
cooperation between national
crime prevention authorities in
priority areas, possibly by setting
up a Community funded
programme addressing inter alia,
juvenile, urban and drug-related
crime

Council /
Commission/
Member States

2001

4.2.

Stepping up cooperation in the fight against crime

In a genuine area of justice criminals must find no ways of exploiting
differences in the judicial systems of Members States

To give citizens a high level of protection implies greater cooperation between
the authorities responsible for applying the law. To this end, maximum benefit
should be derived from cooperation between Member States authorities when
investigating cross-border cases.

The Treaty of Amsterdam by providing further competences to Europol
recognised the essential and central role in facilitating European Cooperation in
preventing and combating organised crime

20

Objective

Action needed

Responsibility

Coordinate and
where
appropriate,
centralise
proceedings

Set up joint investigative teams, as
a first step, to combat trafficking in
drugs and human beings as well
as terrorism – when investigating
cross-border crime

Adoption of the MLA
Convention or
Council on the basis
of an initiative by a
Member State

Setting up a unit composed of
national prosecutors, magistrates
or police officers of equivalent
competence – EUROJUST

Implement and where appropriate
further develop the European
judicial network

Prevent conflicts of jurisdiction by
examining the possibility of
registering proceedings pending in
different Member States

Council on the basis
of a Commission
proposal or a
Member State
initiative

Council on the basis
of a Commission
proposal or a
Member State
initiative

Council on the basis
of a Commission
proposal or a
Member State
initiative

Timetable
for
adoption

Without
delay

End 2001

State of Play

The Council is discussing
a proposal presented by
the Portugusese
Presidency

Preliminary discussions on
the basis of papers
presented by the
Portuguese Presidency,
Germany and Italy

April 2001

Preliminary discussions in
Council

April 2004

Provide mutual
assistance to the
fullest extent
possible

Adoption, ratification and
implementation of the Convention
on Mutual Assistance in Criminal
Matters

Council / Member
States

April 2001

Consider arrangements under
which authorities may operate in
the territory of another Member
State

Examine the possibilities for
harmonised rules on data
protection

Drawing up minimum standards

Establishment of a European
Police Chiefs operational Task
Force

Council on the basis
of a Commission
proposal or a
Member State
initiative

Council on the basis
of a Commission
proposal or a
Member State
initiative

Council on the basis
of a Commission
proposal or a
Member State
initiative

Council on the basis
of a Commission
proposal or a
Member State
initiative

Setting up the European Police
College – starting as a network of
existing national training institutes
– open to candidate countries

Council on the basis
of a Commission
proposal or a
Member State
initiative

April 2001

April 2001 Work started in Council on

the basis of a discussion
paper of the Portuguese
Presidency

April 2001

2001

2001

Portuguese Presidency to
present draft framework
decision on victim’s
situation in criminal
proceedings

Council has begun
discussion on the basis of
a paper presented by the
United Kingdom. A
meeting of the European
Chiefs of Police will take
place in April.

The Council is discussing
the different options for
establishing the network
on the basis of a paper
prepared by the
Secretariat

Protect rights of
victims and
provide
assistance

Develop
operational police
cooperation and
law enforcement
training at EU
level

21

Implementation of the CIS
(Customs Information Systems)
and Naples II Conventions.

Member States

Ongoing

To strengthen law enforcement
coopereation against smuggling

Adoption and ratification of the
United Nations' Convention on
transnational organised crime and
the additional Protocols

Council, Member
States/ Commission

End of
2000 for
signature

Extend the competence of Europol

to cover money laundering
general regardless of the offence
from which the proceeds originate

in

5

Council on the basis
of an initiative by a
Member State

Italy is preparing an
initiative in the field of
smuggling

Common position on UN
draft Convention and
already three mandates
for Commission relating to
the Protocols.
Negotiations in progress.

All these items are under
discussion in Council

Enhance customs
cooperation in the
fight against crime
and regarding the
use of information
technology

Foster
international
cooperation in the
fight against
transnational
organised crime

Reinforce the role
of Europol in
facilitating
European
cooperation in
preventing and
combating crime
with the
necessary support
and resources

Examination on the feasibility of
setting up a database of pending
cases

Europol / Council

Appropriate decision
by Council needed

April 2004
without
delay for
certain
areas

Council on the basis
of an initiative by a
Member State

April 2004

Enable Europol to facilitate the
preparation of specific
investigative actions by the
competent authorities of the
Member States, including
operational actions of joint
investigative teams

Adopt measures allowing Europol
to ask the competent authorities of
the Member States to conduct and
coordinate their investigations in
specific cases and to develop
specific expertise which may be
out at the disposal of M-S to assist
them in investigating cases of
organised crime

5

In the field of protection of the financial interests of the Community, the draft revised directive on
Money laundering would allow the Commission to assist the national authorities - see also table
on “special action against money laundering”

22

Consideration to be given to the
possible need to revise Europol
Convention to cover new
competencies and the question of
democratic and judicial control

Council /
Commission

4.3.

Fight against certain forms of crime

With regard to national criminal law, efforts to agree on common definitions,
incriminations and sanctions should be focused in the first instance on a limited
number of sectors of particular relevance. Agreements on common definitions,
incriminations and sanctions regarding serious organised and transnational
crime need to be established in order to protect the freedom and legal rights of
individual and economic operators.

Objective

Action needed

Responsibility

Timetable
for
adoption

State of play

Adopt a common
approach
throughout the EU
on cross border
crimes

Criminalisation of trafficking in
human beings and sexual
exploitation of children with
particular reference to child

pornography on the Internet

6

Council on the basis
of a Commission
proposal

April 2001

Commission preparing a
communication

Common definitions,
incrimination and sanctions
7

regarding drug trafficking

Council on the basis
of a Commission
proposal

April 2001

Study to be launched by
the Commission

Common definitions,
incrimination and sanctions
regarding corruption

Council on the basis
of a Commission
proposal

April 2001

Commission is preparing
a policy paper

Common definitions,
incrimination and sanctions
regarding environmental crime

Council

April 2001

Proposal on common
incrimination of hooliganism

Council on the basis
of an initiative by a
Member State

Denmark tabled (under
article 34) a proposal in
January 2000

Significant body of
relevant Community
legislation already in
force

(Belgium and/or the
Netherlands to takethe
initiative)

6

7

See also table on “management of migration flows”.
See also table on “cooperation against drugs”.

23

Common definitions,
incrimination and sanctions of
racism and xenophobia

(framework decision)

Council on the basis
of a Commission
proposal or a
Member State
initiative

Second report on the
implementation of the
Joint action of 15 July
1996 to be tabled in

June 2000

8

Common definitions regarding
prevention and fight against
cyber-crime including common
incrimination and sanctions on
high-tech crime

Council on the basis
of a proposal of the
Commission

April 2001

Commission to prepare
a communication

Criminalisation of fraud to non-
cash means of payment

Council on the basis
of a proposal of the
Commission

April 2001

Common definitions,
incrimination and sanctions
regarding counterfeiting of the
Euro

April 2001

Council to adopt a
Framework Decision
– complementary
measures should
follow

Commission proposal
sent to Parliament and
Council in September
1999

Council to adopt the
Framework Decision in
March 2000.

Commission preparing
complementary
measures

Criminalisation of fraud in public
tender

Reinforcing the legal framework
for the protection of the
Community’s financial interests

Council on the basis
of an initiative by a
Member State

Council and EP on
the basis of a
Commission
proposal

April 2001

Germany presented an
initiative in March 1999

Commission preparing a
proposal

8

See also table on “fair treatment of third country nationals”.

24

4.4.

Special action against money laundering

Money laundering is at the very heart of organised crime. For that reason
measures must be taken in order to root it out wherever it occurs to ensure that
concrete steps are taken to trace, freeze, seize and confiscate the proceeds of
crime.

Objective

Action needed

Responsibility

Timetable for
adoption

State of play

Deprive criminals
from the proceeds
of crime

Convention or framework
decision on financial crime,
money laundering

Council on the
basis of an
initiative by France

Concrete steps to trace, freeze,
seize and confiscate the
proceeds of crime

Enhance knowledge
and capacity to fight
money laundering
activities

Implement fully the provisions of
the Money Laundering Directive,
the 1990 Strasbourg Convention
and the Financial Action Task
Force recommendations also in
all their dependent territories

Member States

To adopt the draft revised
directive on money laundering

Council and
Parliament

As soon as
possible

Expedite exchange of
information between the existing
financial intelligence units (FIU)
and, entitle judicial authorities
and FIU to receive information
regardless of secrecy provisions.

Council on the
basis of an
initiative by
Finland

Discussion in Council
on the basis of a
Presidency paper
concerning freezing of
assets

Commission tabled a
proposal for a revised
Directive in July 1999;

Parliament to adopt an
opinion and Council to
adopt a common
position

Initiative from Finland
for a Council decision.
Parliament to give an
opinion and Council to
adopt.

Draw up a report identifying
provisions in national banking,
financial and corporate
legislation which obstruct
international cooperation

Commission

Commission to
prepare report

Extend the competence of
Europol to cover money
9

in general

laundering
regardless of the offence from
which the proceeds originate

Council on the
basis of a
Commission
proposal or a
Member State
initiative

Discussion in Council
and in Europol
Management Board

9

See also table on “stepping up cooperation in the fight against crime”.

25

5.

ISSUES RELATED TO INTERNAL AND EXTERNAL BORDERS AND VISA POLICY,
IMPLEMENTATION OF ART. 62 TEC AND CONVERTING THE SCHENGEN
ACQUIS

Objective

Action needed

Responsibility

Timetable for
adoption

State of Play

Further
development of a
common visa
policy

Regulation on countries whose
nationals are respectively
exempt from or subject to visa
requirement in the Member
States of the European Union

Council, on the
basis of
Commission
proposal

April 2001

Commission
proposal
submitted to
Parliament and
Council on 26
January 2000

Procedure and conditions for
issuing visas by Member States

Rules on a uniform visa

April 2003

April 2001

Commission/
Council/Member
States

Council, on the
basis of
Commission
proposal

Further development of the
technical specifications of the
uniform format for visas

Short term
measures 2000-
2002 – long term
measures 2004

Proposal on a regulation on an
airport transit visa

Commission/
Council/Member
States

April 2001

Closer cooperation between EU
consulates in third countries

Member States

Ongoing process

Measures on the freedom to
travel within the territory of MS

Further
development of a
common policy
related to false
documents

To render documents more
secure, introducing minimum
standards for travel documents
and residence permits

Commission/
Council/Member
States

Commission/
Council/Member
States

April 2001

April 2001

To facilitate the detection of
false documents, training and
equipment

Commission/
Council/Member
States

Ongoing process

To enhance the
control at the
external borders
of the Union

Close cooperation between the
Member States border control
services, such as exchange
programmes and technology
transfer

Commission/
Council/Member
States

April 2001

Rapid inclusion of the applicant
States in this cooperation

Ongoing process

Converting the
Schengen acquis

Communitarisation of Article 2-2
of the Schengen Convention
(safeguarding clause allowing
the temporary reintroduction of
border controls

Council/

Commission

Commission
preparing a
proposal

26

6.

CITIZENSHIP OF THE UNION

Objective

Actions needed

Responsibility

Timetable for
adoption

State of play

facilitation of
Further
the right to move and
reside freely of Union
citizens

Regulation updating
and revising of rules
on the right of entry,
movement and
residence

Commission

2001

Report on the
citizenship of the
Union

Commission

By the end of
2000

7.

COOPERATION AGAINST DRUGS

A s a collective and individual threat, the drugs problem needs to be addressed
in a global, multidisciplinary and integrated manner The EU drugs strategy for
the years 2000-2004 will also be evaluated at mid-term and at completion, with
the help of the European Monitoring Centre for Drugs and Drug Addiction
(EMCDDA) and Europol.

Objective

Action needed

Responsibility

Timetable for
adoption

State of Play

Implementation of the
EU Drugs Strategy for
2000-2004 endorsed
by the European
Council in Helsinki

Report to the
European Council on
an EU action plan on
drugs (2000-2004)

Council to prepare
report

June 2000

Council to prepare a report

Strengthening of
cooperation with the
European Monitoring
Centre on Drugs and
Drug Addiction and
Europol in particular
as regards synthetic
drugs and precursors

Development of a
methodology for the
evaluation of the EU
drugs strategy for
2000-2004

Common definitions,
incrimination and
sanctions regarding

drug trafficking

10

Council /
Commission/
Member States

Council and
Parliament on the
basis of proposals of
the Commission

Council on the basis
of a Commission
proposal

The conference organised
by the European
Parliament, Council and
Commission on drugs
policy (28 and 29 February
2000)

April 2001

Study to be launched by
the Commission

10

See also table on “fight against certain forms of crime”.

27

Enhancement of
police customs and
judicial cooperation in
preventing and
combating drugs
trafficking

Council on the basis
of a Commission
proposal or a
Member State
initiative

8.

STRONGER EXTERNAL ACTION

The European Union underlines that all competences and instrument at the
disposal of the Union, and in particular, in external relations must be used in an
integrated and consistent way to build the area of freedom, security and justice.
Justice and Home Affairs concerns must be integrated in the definition and
implementation of other Union policies and activities.

Objective

Action needed

Responsibility

Timetable for
adoption

State of Play

The Feira European
Council is to agree on
clear priorities, policy
objectives and
measures for the
Union’s external
action in Justice and
Home Affairs

June 2000

Council, in close
cooperation with the
Commission to draw
up specific
recommendations

All competences and
instrument at the
disposal of the Union,
and in particular, in
external relations
must be used in an
integrated and
consistent way
Justice and Home
Affairs concerns must
be integrated in the
definition and
implementation of
other Union policies
and activities

28