Communication from the Commission to the Council and the European Parliament - Biannual update of the scoreboard to review progress on the creation of an area of "freedom, security and justice" in the European Union - (first half of 2001)
Date: 2001-05-23
Institutions: European Commission
Subjects: Treaty on European Union, access to the courts, fundamental rights, immigration, public safety

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.05.2001
COM(2001) 278 final

COMMUNICATION FROM THE COMMISSION
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

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

(FIRST HALF OF 2001)

CONTENTS

1.

2.

2.1.

2.2.

2.3.

2.4.

3.

3.1.

3.2.

3.3.

4.

4.1.

4.2.

4.3.

4.4.

5.

6.

7.

8.

9.

Introduction ..............................................................................................................3

A common EU asylum and migration policy.............................................................5

Partnership with countries of origin...........................................................................5

A common European asylum system.........................................................................7

Fair treatment of third-country nationals .................................................................10

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

A Genuine European Area of Justice.......................................................................16

Better access to justice in Europe ............................................................................16

Mutual recognition of judicial decisions..................................................................18

Greater convergence in civil law .............................................................................21

Union-wide Fight against Crime .............................................................................23

Preventing crime at the level of the Union...............................................................23

Stepping up cooperation in the fight against crime ..................................................25

Fight against certain forms of crime ........................................................................30

Special action against money laundering .................................................................34

Issues related to internal and external borders and visa policy, Implementation
of Art. 62 EC and converting the Schengen Acquis .................................................37

Citizenship of the Union .........................................................................................40

Cooperation Against Drugs.....................................................................................41

Stronger External Action.........................................................................................43

Other current initiatives...........................................................................................44

2

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 Tampere
conclusions for the creation of an “area of freedom, security and justice”. In
response to this invitation,
the Commission presented in March 2000 a
communication to the Council and the European Parliament (COM(2000)167 of
24 March 2000) entitled “Scoreboard to review progress on the creation of an
area of freedom, security and justice in the European Union”. A consolidated
version was made available on 29 May 2000,
incorporating a number of
clarifications resulting from comments made by certain Member States either
during the Council session of 27 March 2000 or subsequently.

The first biannual update of
the Scoreboard in accordance with the
Commission's undertaking to review it once per Presidency was presented in
November 2000 under the French Presidency (COM(2000)782 of 30/11/2000).
Like the November 2000 edition, this six-monthly review does not make any
changes to the format, aims or scope.

However, a new chapter has been added in this May 2001 edition, covering a
number of Member State initiatives which have a link with the Tampere
conclusions and the Vienna Action Plan.

The main changes are to be found in the “state of play” column, which
represents the “moving target” that the conclusions of Tampere set for all
institutions and the Member States, enabling progress to be monitored in
relation to the objective of creating and developing the European Union as an
area of freedom, security and justice.

The current version of the Scoreboard, although unchanged in terms of its
structure, opens up the discussions which the institutions must pursue between
now and the Laeken European Council in December 2001, when, in accordance
with the Tampere conclusions as reaffirmed by the Stockholm European
Council in March 2001, the progress made in creating an area of freedom,
security and justice in the European Union will have to be evaluated.

Since the last version in November 2000,
the work of the institutions has
continued. The Commission has presented legislative proposals and/or
communications on the uniform visa format, minimum standards for the
reception of asylum seekers,
the status of third-country nationals who are
long-term residents, mutual recognition of decisions on parental responsibility,
the recasting of Community instruments on the right of abode and the right to
stay, strengthening security in the information society, and common definitions,
charges and penalties for drug-trafficking. For their part, certain Member States
have also presented several initiatives currently on the table at the Council.

3

The European Parliament has expressed its opinions on the different proposals
for legislation which have been submitted to it, and has not hesitated to express
a negative opinion when it has felt that their content corresponded only partly, if
at all, to the intended line of policy.

As regards the instruments which have been or will be adopted under the
Swedish presidency, we can cite, for example, the framework decision on the
status of victims, the setting up of the provisional Eurojust unit (which should be
replaced in December 2001 by the definitive unit), temporary protection, the
civil judicial network and the crime prevention network.

Our balance sheet shows that the timetable has already slipped somewhat and
shows a lack of visible, concrete actions in certain areas. Furthermore, it must be
noted that although a number of projects were planned for April 2001 in the
Vienna Action Plan and at Tampere, this schedule has not been adhered to. This
is the case, for example, with certain legal instruments on asylum, and the fight
against certain types of crime, such as corruption, drug trafficking and
cyber-crime. The
conventions on extradition and the
implementation of the Mutual Legal Assistance Convention and other aspects of
mutual assistance have also been delayed.

ratification of

We are all partly responsible; it is true that the Commission has presented a
number of proposals later than originally intended. The delays concern the
revision of the Rome Convention on contractual obligations, the proposal on the
common definition, charges and penalties for drug-trafficking, and the proposal
for the revision of the Dublin Convention. However, the Commission will be in
a position to present, before the summer, all the proposals on the definition of an
asylum and immigration policy in line with the principles agreed at Tampere. As
for the Council, it has not yet reached an agreement on the Commission's
proposal on family reunification, amongst other
things, and numerous
conventions have not yet been ratified by all 15 Member States.

And yet, as noted above, there has been no let up in the work. However, some of
it has been directed at one-off activities which have only contributed a very
limited added value. It is expected that the Laeken European Council will not
only evaluate the progress achieved but that it will also consider actions that
have not yet been undertaken.

The Scoreboard also shows cases where the actions envisaged are not actually
put into effect, as is the case with the fight against tax fraud and the instruments
intended to supplement the fight against money-laundering.

We must therefore continue the debate about priorities and about the most
efficient way of meeting the objectives within the deadlines, with a view to
giving the necessary boost to the pace of the work in the areas where the worst
delays have occurred.

4

2.

A COMMON EU ASYLUM AND MIGRATION POLICY

The separate but closely related issues of asylum and migration call for the development of a common 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, on the basis of a partnership with those countries and regions and with a view to promoting co-development.

5

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 and Commission

Ongoing work within the HLG.

Action plan for Albania and the
neighbouring regions adopted by the
Council in June 2000.

The report on the implementation of the action
plans already adopted was presented to the
Nice European Council in December 2000

Following this report adopted by the
Council, new action plans should be drawn
up on the basis of the experience acquired
in implementing the action plans adopted
so far. Criteria must be defined before
choosing the countries or regions for which
new action plans will be made.

In accordance with the decision by the
Budgetary Authority, the Commission will
select preparatory actions under the 2001
budget (EUR 10 million)

The Commission intends to present a proposal
for a legal basis in the first half of 20012

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

Council and Commission

April 2001

Implementation of a new budgetary instrument
for cooperation with third countries of origin
and transit1

Council and Commission

As quickly as possible

1

2

Follow-up to EP resolution of 30 March 2000.
See also table on “Management of migration flows”.

6

2.2.

A common European asylum system

The aim is to ensure 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 refugees must be established, to be valid throughout the Union.

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

Agreement will be actively sought on a temporary protection regime for displaced persons, on the basis of solidarity among Member States.

7

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

Questionnaire sent by the Commission to the
Member States in June 2000

Adoption of criteria and mechanisms
(regulation)

Council, on the basis of a
Commission proposal

April 2001

Commission's staff working document
presented in March 2000

Final evaluation report presented in
April 2001

Finalise work on EURODAC

Council and Commission

The Commission intends to present a proposal
in the first half of 2001

Adoption of the Eurodac regulation by the
Council in December 2000

Development of the central unit by the
Commission, in contact with the experts
from the Member States.

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 with
special reference to the situation of children
(directive)

Council, on the basis of a
Commission proposal

April 2001

The Commission presented a proposal in
September 2000

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

Council, on the basis of a
Commission proposal

April 2001

Council conclusions adopted in November
2000 on the basis of a French Presidency
working document

Common asylum procedure

Commission (in part)

8

The Commission presented a proposal in April
2001

The Commission presented a
communication in November 2000,
proposing a two-phase approach.

The Commission undertakes to submit
annually, from next December, a progress

Uniform status throughout the Union for those
who are granted asylum

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 refugee status (directive)

Council, on the basis of a
Commission proposal

April 2004

report on the implementation of the first
phase instruments.

The Commission presented a
communication in November 2000 (see
previous point)

The Commission intends to present a
proposal for a directive in the second half of
2001

Adoption of measures on refugees and
displaced persons, aimed at giving an
appropriate status to any person in need of
international protection

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

Council, on the basis of a
Commission proposal

As quickly as possible

The Commission proposal for a directive
presented in May 2000

Parliament opinion in March 2001

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

Subsidiary forms of protection (directive)

Council, on the basis of a
Commission proposal

April 2004

The Commission intends to present a proposal
for a directive in the second half of 2001

Setting up a European Refugee Fund
(decision)

Council, on the basis of a
Commission proposal

As quickly as possible

Decision adopted by the Council in September
2000

Making a financial reserve available in the
event of mass influx of refugees

Council and EP, possibly on
the basis of a Commission
proposal

Exercises 2000 and 2001 under way.

The Commission is exploring possibilities

9

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
economic and demographic developments within the Union, as well as of 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, especially racism
3

and xenophobia

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

Council, on the basis of a
Commission proposal

Timetable for
adoption

June-December 2000

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 and Xenophobia
and the Council of Europe

Council / Commission

State of play

Directive adopted by the Council in June
2000. Implementation deadline:
19 July 2003.

Directive adopted by the Council in
November 2000. Implementation deadline:
2 December 2003.

Decision adopted by the Council in
November 2000 on the Community action
programme (2001-06) to support Member
States’ efforts. Programme launched
1 January 2001.

Official opening of the Centre on 7 April 2000.
Second annual report published in
December 2000.

3

Measures aimed at enhancing non-discrimination and at fighting 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.

10

Enhancing police and judicial cooperation in
preventing and combating racism and xenophobia –
common charges for racism and xenophobia
4

(framework decision)

Council, on the basis of a Commission
proposal

The second report on the implementation of the
Joint Action of 15 July 1996 is expected in 2001

The Commission intends to present a proposal
for a framework decision before the end of the
second half of 2001.

Approximation of national
legislation 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 / Commission / Member States

The Commission communication of November
2000 covers this aspect.

The Commission intends to present, in the
second half of 2001, a communication on
implementing an open coordination policy on
immigration.

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

Council, on the basis of Commission
proposals

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

Parliament opinion in September 2000.

The Commission plans to present proposals for
directives on admission for employment, study,
vocational training or other purposes in the
second half of 2001.

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

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)

Council, on the basis of Commission
proposals

Council conclusions adopted in November
2000

The Commission presented a proposal for a
directive on long-term resident status in
March 2001

Determination of the criteria and of the conditions
under which, like Community nationals and their

Council, on the basis of Commission

The Commission intends to present a
communication on implementing an open

4

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

11

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)

proposals

coordination policy on immigration in the
second half of 2001 (see above).

12

2.4.

Management of migration flows

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

The fight against illegal immigration will be enhanced by combating the criminal networks involved while securing the rights of victims.

Objective

Action needed

Responsibility

Timetable for
adoption

State of play

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

Adoption of measures establishing
minimum rules on what constitutes a
criminal act and what penalties should
apply to organised crime linked with
trafficking of human beings (framework

5

decision)

Council on the basis of Commission
proposals

5

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

13

Seminar on the statistical analysis
requirements arising from the
development of common
immigration and asylum policies,
organised by the Swedish
Presidency in April 2001. Adoption
of Council conclusions end
May 2001.

Preparation of a guideline document
by the Commission.

Preparatory actions (on the basis of
previous feasibility study) financed by
ODYSSEUS programme;
Commission’s staff working document
presented to the experts from the
Member States in June 2000

The Commission tabled a proposal
for a Council framework decision on
combating trafficking in human
beings in December 2000.

The French Presidency presented two
initiatives in July 2000, one for a
directive and one for a framework
decision, on the liability of smugglers.

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

Member States /Commission/
Europol

Exploring possibilities for establishing
common standards and pooling
resources for investigations into illegal
immigration networks6

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

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

To assist countries of origin and transit

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

Council on the basis of Commission
proposals

April 2001

Promotion of voluntary return

6

7

Transferred from table on “Stepping up cooperation in the fight against crime”.
See also table on "Partnership with countries of origin".

14

- Parliament opinion (rejection) in
February 2001

- Adoption by the Council end May
2001

Putting in place of cooperation
frameworks on combating illegal
immigration from China and the
Western Balkans.

The Commission intends to present
a communication on combating
illegal immigration in the first half of
2001.

Work in progress in the Council
(CIREFI) on improving action against
illegal immigration networks (see
above).

The French Presidency tabled a
directive in July 2000

- Parliament opinion (rejection) in
March 2001

The Commission intends to present a
proposal for a legal basis for
implementing a new budgetary
instrument. It is implementing the
latter in 2001 with preparatory
actions in accordance with the
decision by the Budgetary
Authority.7

To establish a coherent European Union policy
on readmission and return

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

Helping third countries to cope with
their readmission obligations towards
the Union and the Member States

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

Council, on the basis of Commission
proposals

Development of common minimum
standards on repatriation

Council/Commission/Member States

Negotiations under way for
readmission agreements with
Russia, Pakistan, Sri Lanka and
Morocco; presentation by the
Commission of recommendations
for negotiating briefs for
readmission agreements with Hong
Kong and Macao.

The French Presidency presented a
draft directive in July 2000 on the
mutual recognition of expulsion orders.

Parliament opinion (rejection) in
March 2001.

Adoption by the Council end
May 2001

The Commission intends to present
a communication on a common
policy on repatriation in the second
half of 2001.

15

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 better access to justice
and full judicial cooperation among Member States.

3.1.

Better access to justice in Europe

A genuine area of justice must ensure that individuals 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

Ensure legal certainty
and equal access to
justice

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

Commission

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

Council, on the basis of a proposal
by the Commission

2001

Proposal to establish minimum standards of legal
aid

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

April 2004

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

16

With a view to facilitating the provision of information to
users, the Commission is preparing specific initiatives
during 2001, ensuring synergy with the future European
Judicial Network and with the work of the Council of Europe

The Commission presented a proposal in September 2000

Parliament opinion in April 2001

Adoption by the Council end May 2001

Following presentation of its Green Paper in February 2000,
the Commission organised a hearing in February 2001
and intends to present a proposal for a directive on legal
aid and financial aspects of proceedings for
September 2001.

The Commission intends to present a proposal at the
end of 2001 for the creation of a European enforcement
order for uncontested claims based on the adoption of
minimum rules which will enable any interim
enforcement measures to be abolished.

Proposal to establish minimum standards of
quality for ADR

Member States to set up the
extra-judicial procedures

April 2004

Commission launched the European Extra Judicial net (EEJ
net) for consumers.

The Commission will present a Green Paper in 2002
with a view to further approximation of the rules of
procedure on uncontested claims and small claims.

Ensure legal certainty
and equal access to
justice

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

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

April 2004

In May 2000 the Council adopted conclusions on alternative
dispute resolution.

The Commission intends to present a Green Paper in
October 2001 with a view to preparing for the establishment
of minimum quality standards.

This issue is dealt with in part in the questionnaire on small
claims and will be addressed in the overall context of the
various projects on harmonisation of certain rules for civil
proceedings.

rights

to
Protect
compensation
and
provide assistance to
victims

Drawing up of minimum standards for protection
of victims

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

2002

The Commission presented a communication in July 1999.

In March 2001, the Council adopted a framework
decision on the status of victims in criminal
proceedings (Portuguese initiative) following
Parliament's opinion in December 2000

Commission intends to present a Green Paper on victim
compensation in September 2001

Further instruments on approximation of
compensation arrangements for victims

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

2004

17

3.2.

Mutual recognition of judicial decisions

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

Enhanced mutual recognition of judicial decisions and judgments and the necessary approximation of legislation would facilitate cooperation
between authorities and the judicial protection of individual rights. The principle of mutual recognition should become the cornerstone of
judicial cooperation in both civil and criminal matters within the European Union.

As regards civil matters;

Objective

Action needed

Responsibility

Timetable for adoption

State of play

Council and Commission to adopt a
programme

Programme to be
adopted by the end of
2000

The mutual recognition programme was adopted by
the Council in November 2000. It covers four areas:

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)

Enhanced mutual
recognition of judicial
decisions and judgments,
and the necessary
approximation of
legislation, to facilitate
cooperation between
authorities and the judicial
protection of individual
rights8

- for the first area, pilot projects are being launched
(see 3.1.4 above);

- for the second area, in March 2001 the Commission
presented a working paper on mutual recognition in
family matters and will also present, in 2001, a
proposal for legislation to supplement the regulation
on matrimonial matters and parental responsibility

- for the third and fourth areas, the Commission will
launch preparatory studies in 2001.

The Commission intends to present a Green Paper in
2002 to prepare a legislative initiative (see 3.1.4 above).

Proposal on minimum standards for specific
aspects of civil procedure (new procedural
legislation on money payments)

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

8

See also table on “Greater convergence in civil law”.

18

Launching of work on the European
Enforcement Order

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

This action has been included in the programme of
measures to implement the principle of mutual recognition.

The Commission intends to present, before the end of
2001, a proposal for a regulation a European
enforcement order for uncontested claims, based on
the adoption of minimum rules which will enable any
interim enforcement measures to be abolished (see
first paragraph of 3.1.4 above).

The Commission intends to develop appropriate
initiatives so that the current French initiative on rights
of access to children (see 3.2.1 above) can be followed
up.

As regards 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

A, FIN, NL, S, EL, D, DK, E and P have ratified the 1995
Convention

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

Council, on the basis of a
Commission proposal

Providing for fast-track extradition procedures

Council, on the basis of a
Commission proposal

End 2001

End 2001

FIN, NL, P, EL, D, DK and E have ratified the 1996
Convention

Commission intends to present proposals before the
end of the third quarter of 2001

To be included in the Commission's proposal (see
above)

Examine the issue of extradition in relation to
procedures in absentia

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

April 2004

To be included in Commission proposal (see above)

Ensure that decisions
taken in one Member

Programme of measures on the application of
the principle of mutual recognition to be

Council / Commission

Programme to be
adopted by the end

In July 2000 Commission presented a communication on
mutual recognition of final decisions in criminal matters

19

State have effect
throughout the Union9

followed by specific instruments

2000

Parliament opinion in May 2001

Joint Council/Commission programme adopted in
November 2000

Application of mutual recognition to pre-trial
orders

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

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 or a Member
State initiative

April 2004

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

9

10

See also table on “Fight against certain forms of crime” (e.g. trafficking in human beings, drug trafficking and terrorism).
See also table on “Special action against money laundering”.

20

France, Belgium and Sweden presented an initiative on

the freezing of assets and evidence

in February 2001

10

The Commission intends to present, in
December 2001, a proposal for a framework decision
on the mutual recognition of pre-trial orders in
investigations into computer crime

Included in the programme on mutual recognition (see
above)

The UK has announced an initiative for a framework
decision on the application of the principle of mutual
recognition to financial penalties

Germany announced an initiative establishing, in
accordance with Article 34 of the Treaty on European
Union, the Agreement on Co-operation in Proceedings
for Road Traffic Offences and the Enforcement of
Financial Penalties Imposed in respect thereof

Included in the programme on mutual recognition (see
above)

3.3.

Greater convergence in civil law

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

Objectives

Action needed

Responsibility

Timetable for
adoption

State of play

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.

April 2004

Germany tabled an initiative on taking of evidence in
September 2000. The issue of procedural law is partly
included in the mutual recognition programme.

General study to identify and eliminate
obstacles to the smooth functioning of civil
proceedings

Council to prepare a report

End 2001

Parliament opinion in March 2001

Adoption by the Council expected end May 2001

The Commission intends to present, in June 2001, a
Green Paper on European Private Law, with a view to
launching a broad debate on the need for, possibilities
and methods of harmonisation in certain areas of
substantive private law.

Finalising the Brussels and the Lugano
Conventions11

Council, on the basis of a
Commission proposal

April 2001

The Council adopted the Regulation replacing the Brussels
Convention in December 2000.

The Commission presented to the Council a
recommendation for a negotiating brief for the Hague
Convention on a global convention, for which the
diplomatic conference will be held in June 2001.

The Commission is currently preparing a proposal
recommending a negotiating brief for an agreement between
the Community and the Lugano countries.

11

See also table on “Mutual recognition of judicial decisions”.

21

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

The Commission plans to present a proposal for a
regulation before the end of 2001

Revising, where necessary, the 1980 Rome
Convention.

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

April 2001

Commission plans to present a Green Paper at the
beginning of 2002, followed, if need be, by a draft
regulation

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

Council/ Commission

April 2004

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

Council/ Commission

April 2004

In May 2000 the Council produced, on the basis of a
questionnaire, a comparative study on national legislation
and the position of the Member States.

The Commission will initiate a complementary study in 2001

The issue of court jurisdiction and recognition of rulings is
included in the mutual recognition programme (see 3.2.1
above).

22

4.

UNION-WIDE FIGHT AGAINST CRIME

A balanced development of Union-wide 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.

In this context, particular attention is drawn to the “European Union Strategy for the beginning of the new Millennium” on prevention and
control of organised crime. Some complementary actions, going beyond the Tampere conclusions and called for by the recommendations in this
strategy, have been included in this chapter.

4.1.

Preventing crime at the level of the Union

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

Crime prevention aspects must be incorporated into actions and programmes against crime at Union and Member State level.

Cooperation between national prevention organisations should be encouraged and certain priority areas should be identified.

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; assessment of new legislation's
impact on crime prevention.

Council/ Commission/ Member States

In November 2000 the Commission presented a
communication on crime prevention in the European
Union, proposing the establishment of a Forum and a
programme (Hippocrates) in the field of crime prevention

Parliament opinion on the Hippocrates programme in
April 2001

First meeting of the Forum on the prevention of
organised crime planned for mid-May 2001.

23

Facilitate cooperation between
Member States

Integration of crime prevention aspects in
actions and programmes against crime at
the Union and Member State level – policy
guidelines to be adopted by Council

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

Prevention of penetration of organised
crime into legitimate economic sectors

Council/ Commission/ Member States

Following the Council Resolution of December 1998,
the
Commission and Europol presented jointly, in March 2001,
a report on a European strategy on the prevention of
organised crime

Council / Commission/ Member States

2001

for a
Commission communication includes a proposal
financial instrument (Hippocrates programme - see above)

and Sweden

France
in
November 2000 for a Council decision establishing a
crime prevention network

presented

initiative

an

- Parliament opinion in March 2001

- Adoption by the Council end May 2001

24

4.2.

Stepping up cooperation in the fight against crime

In a genuine area of justice, criminals must not find ways of exploiting differences in the judicial systems of Members States.

Giving 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 authorities in the Member States when investigating cross-border cases.

The Treaty of Amsterdam, by conferring additional powers on Europol, recognised the latter's essential and central role in facilitating European
cooperation in preventing and combating organised crime.

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

Timetable for
adoption

Without delay

State of Play

The Council adopted the Mutual Legal Assistance Convention
in May 2000, Article 13 of which provides for joint teams to
be set up.

The Portuguese Presidency presented an initiative in
March 2000 on anticipating application of Article 13 of the
Convention - discussions on which have been suspended

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

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

End 2001

Adoption by Council in December 2000 of a decision to create
a provisional unit in January 2001 (French initiative).
Provisional unit put in place March 2001.

Preliminary discussions in progress on the definitive unit on the
basis of Member State initiatives (France, Portugal, Sweden,
Belgium and Germany).

The Commission presented a Communication in
November 2000

Parliament opinion in May 2001

Implement and, where appropriate, further
develop the European judicial network

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

April 2001

Pilot project on a telecommunications network to be launched
in August 2001

25

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

April 2004

Included in the mutual recognition programme (see point 3.2)

The Commission intends to present, before the end of
2001, a communication on determining criteria for
jurisdiction in criminal matters

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

The Council adopted the Convention in May 2000

Deadline for Member States to initiate applicable
procedures: before January 200112

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

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

April 2001

Examine the possibilities for harmonised
rules on data protection

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

April 2001

In October 2000 the Council adopted a decision establishing a
joint secretariat for data protection bodies (Europol, CIS, SIS).

Protect rights of victims and
provide assistance

Drawing up minimum standards

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

The Council is discussing a resolution proposed on the
initiative of the French Presidency (based on a previous
Portuguese initiative).

April 2001

Parliament opinion in December 2000

Adoption by the Council in March 2001 of a framework
decision on victim’s status in criminal proceedings
(Portuguese initiative) - (cf. point 3.1)

12

See also table on “Mutual recognition of judicial decisions”.

26

Develop operational police
cooperation and law
enforcement training at EU
level

Establishment of a European Police Chiefs'
Task Force

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

2001

The third meeting of the European Police Chiefs' Task
Force took place in March 2001. At least one meeting per
presidency will be organised.

Establishment of compatible criminal
intelligence systems among Member States

Appropriate decision by Council
needed

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

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

2001

Adoption by the Council in December 2000 of the decision
to set up, in 2001, the European Police College, CEPOL
(Portuguese initiative), which has functioned as a network
of national police colleges since 1 January 2001. France,
Germany and Sweden have launched common training
projects starting in 2001 within the framework prefiguring
the definitive structure of the European Police College.

27

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

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

Member States

Ongoing

To strengthen law enforcement cooperation
against smuggling

Foster international
cooperation in the fight
against transnational
organised crime

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

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

Extend the competence of Europol to cover
money laundering in general regardless of
the offence from which the proceeds
originate

Council, on the basis of an initiative
by a Member State

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

Europol / Council

Naples II Convention ratified by Greece, Spain, France and
Sweden; the latter three agreed to apply it between
themselves.

The French Presidency is preparing a guide for applying the
provisions of the Naples II Convention.

The CIS Convention (third pillar) has been ratified by
Denmark, Greece, Italy, Germany, Portugal, France, Spain,
Sweden, Finland and UK. The Protocol on the provisional
entry into force of the Convention has been ratified by all the
above except Italy and Portugal. It will be applied among those
Member States which have ratified it from November 2000.

In March 2000, Italy announced an initiative in the field of
smuggling

Signature and opening for ratification in December 2000 of
the United Nations Convention against transnational
organised crime and its Protocols on trafficking in human
beings and the smuggling of migrants, to be ratified as
soon as possible.

Negotiations on the Firearms Protocol completed in
February 2001.

Adoption by the Council in November 2000 of the
instrument extending the competence of Europol to cover
money laundering (Portuguese initiative).

.

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

Appropriate decision by Council
needed

April 2004, without
delay for certain
areas

Adoption by the Council
in November 2000 of a draft
recommendation concerning support by Europol for joint
investigative teams

28

the Council adopted a recommendation in
As a first step,
to give
September 2000,
consideration
conduct
to
investigations or to coordinate their investigations in specific
areas.

calling on Member States
to
requests

from Europol

The Commission intends to present, before the end of the
4th quarter 2001, a proposal for a Council Decision on the
the Europol Convention as regards
amendment of
democratic and judicial control, and to facilitate the
preparation of specific investigative actions by the
Member States.

The matter of judicial control must be considered in the context
of setting up Eurojust.

The Swedish Presidency intends to present a proposal to
extend Europol's powers to all forms of crime mentioned
in the Annex to the Europol Convention.

Adopt measures allowing Europol to ask the
competent authorities of the Member States
to conduct and co-ordinate 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

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 on the basis of an initiative
by a Member State

April 2004

Council / Commission

29

4.3.

Fight against certain forms of crime

With regard to national criminal law, efforts to agree on common definitions, changes and penalties should be focused in the first instance
on a limited number of sectors of particular relevance. Agreements on common definitions, charges and penalties 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 children13 with
particular reference to child pornography on
the Internet14

Council, on the basis of a
Commission proposal

April 2001

In December 2000 the Commission presented two
proposals for framework decisions on the fight against
trafficking in human beings, the sexual exploitation of
children and child pornography

Parliament to give opinion June 2001

Common definitions, charges and
penalties

in the field of drug trafficking16

15

Council, on the basis of a
Commission proposal

April 2001

The Commission study on the legislation and regulations
on drug trafficking in the EU Member States was finalised
in March 2001

The Commission intends to present, in the first half of
2001, a proposal for a framework decision laying down
minimum provisions on the constituent elements of
criminal acts and penalties in the field of drug trafficking

Common definitions, charges and penalties
in the field of corruption

Council, on the basis of a
Commission proposal

April 2001

Commission plans to present a working document in the
second half of 2001

Common definitions, charges and penalties
in the field of environmental crime

Council

April 2001

Denmark presented an initiative in January 2000.

The Council agreed in September 2000 that it was appropriate

13

14

15

16

See also table on “Management of migration flows”.
See also table on “Mutual recognition of judicial decisions”.
See also table on “Cooperation against drugs”.
See also table on “Mutual recognition of judicial decisions”.

30

Proposal on common charges for
hooliganism

Council, on the basis of an initiative
by a Member State

to draw up common legislation at European level. A significant
body of relevant Community legislation is already in force

In March 2001, the Commission presented a proposal for a
directive on the Protection of the Environment through
Criminal Law, to supplement Denmark's initiative

The Oisin programme financed a project evaluating
cooperation between the relevant services during Euro
2000. Findings expected end April 2001.

Initiatives on measures at EU level expected from Belgium
and/or Netherlands before the end of 2001

31

Common definitions, charges and penalties
in the field of racism and xenophobia
(framework decision)

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

April 2004

The second report on the implementation of the Joint Action of
15 July 1996, planned for the end of 2000, is expected in
200117

Common definitions in the field of preventing
and combating cybercrime including
common charges and penalties for high-tech
crime

Council, on the basis of a proposal
of the Commission

April 2001

The Commission intends to present, before the end of the
second quarter of 2001, a proposal for a framework
decision

In January 2001, the Commission presented a
communication on creating a safer information society by
improving the security of information infrastructures and
combating computer-related crime

The Commission intends to present, before the end of the
second quarter of 2001, a proposal for a framework
decision on computer piracy

Adopt a common approach
throughout the EU on cross
border crimes

Criminalisation of fraud involving non-cash
means of payment

Council, on the basis of a proposal
of the Commission

April 2001

Council agreement in principle in May 2000

Parliament opinion in July 2000

Adoption by the Council end May 20010

The Commission presented an action plan comprising preventive
measures at the end of 2000

Common definitions, charges and penalties
as regards counterfeiting of the euro

Council/Commission/Member
States

April 2001

Framework Decision on criminal penalties for counterfeiting
the euro adopted by the Council in May 2000.

Agreement in principle on the regulation proposed by the
Commission in February 2001

France presented an initiative on a draft decision and draft

17

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

32

Criminalisation of fraud in public tendering
procedures

Council, on the basis of an initiative
by a Member State

April 2001

Germany presented an initiative in March 1999

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

Council and EP, on the basis of a
Commission proposal

Commission communication on an overall fraud prevention
strategy in June 2000

Council conclusions on the protection of the euro

Parliament opinion early May 2001

The 2001-02 Action Plan will be presented in the near
future

The Commission intends to present, before the end of the
first half of 2001, a proposal for a Council and Parliament
Directive on the protection under criminal law of the
Communities' financial interests

The Commission intends to present, before the end of
2001, a Green Paper on the protection under criminal law
of the Communities' financial interests

The Commission intends to present, before the end of
2001, a proposal for a regulation on a cooperation
mechanism to combat criminal activities damaging the
European Communities' financial interests (including VAT
and money-laundering)

The Commission intends to present a proposal for a
Council framework decision on terrorism before the end
of the 3rd quarter of 2001

Common definitions, charges and penalties
for offences linked with terrorism18

Council, on a Commission
proposal

Common definitions, charges and penalties
in the field of tax fraud

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

18

See also table on “Mutual recognition of judicial decisions”.

33

4.4.

Special action against money laundering

Money laundering is at the very heart of organised crime. For that reason measures must be taken to root it out wherever it occurs and 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 of 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, including implementation in all
dependent territories

Member States

To adopt the draft directive amending the Money
Laundering Directive

Council and Parliament

As soon as possible

34

The French Presidency presented a
draft framework decision on money
laundering. Council agreement in
principle in October 2000.

Parliament opinion in November
2000.

Adoption by the Council end
May 2001

Discussions in progress on the draft
(French initiative) convention on
mutual judicial assistance in the fight
against organised crime, money
laundering and financial crime
(advanced stage).

France, Belgium and Sweden
presented, in February 2001, an
initiative on the freezing of assets
and evidence.

1990 Convention to be ratified by
Luxembourg.

Conclusions adopted by Joint
Council (Economic and Financial
Affairs, Justice and Home Affairs) in
October 2000.

Joint position adopted by the
Council in November 2000

Parliament opinion on second

More rapid exchange of information between the
existing financial intelligence units (FIUs), entitling
judicial authorities and FIU to receive information
regardless of secrecy provisions.

Council, on the basis of an
initiative by Finland

Council decision in October 2000 on
the basis of a Finnish initiative.

reading in April 2001

Community rules must be drawn up to prevent use
of non-EU companies and organisations to launder
the proceeds of crime

Commission / Council /
Member States

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

Commission

Prevent the excessive use of cash payments and
study the role of casinos and gambling houses

Commission to initiate study

December 2003

Ensure the transparency of financial transactions by
electronic means

Council/ Commission

December 2001

Extend the competence of Europol to cover money
laundering19 in general, regardless of the offence
from which the proceeds originate

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

Conclusions adopted by the Joint
Council (Economic and Financial
Affairs, Justice and Home Affairs) in
October 2000 call on the
Commission to produce a report.
This report will be available in the
fourth quarter of 2001

Parliament opinion in November
2000.

In November 2000, the Council
adopted a decision on widening the
competence of Europol to cover
money laundering in general
(Portuguese initiative).

Improve the legal provisions against money

Council/ Commission/ Member

The Joint Council (Economic and

19

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

35

laundering with off-shore and on-shore financial
centres and tax havens.

States

Support international action with regard to off-shore
countries.

Prepare a model agreement for negotiations with
off-shore and on-shore financial centres and tax
havens

December 2001

Examine possibilities:

Commission

July 2001

–

–

–

national

provisions

for strengthening and making more consistent
controlling
on
existing
cross-border movements of money
for making it easier for Member States to adopt
such provisions
for
organising
between Member States

information

exchanges

of

Financial Affairs, Justice and Home
Affairs) adopted conclusions in
October 2000 on immediate and
coordinated implementation of FATF
counter-measures. The measures
could be decided on in June 2001.

The Joint Council (Economic and
Financial Affairs, Justice and Home
Affairs) adopted conclusions in
October 2000 envisaging that
agreements could be concluded in
the long term.

In line with the Joint Council
(Economic and Financial Affairs,
JHA) conclusions of October 2000,
the Commission is examining the
usefulness and feasibility of a
European instrument

36

5.

ISSUES RELATED TO INTERNAL AND EXTERNAL BORDERS AND VISA POLICY, IMPLEMENTATION OF ART. 62 EC 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
the visa requirement for crossing external
borders

Commission / Council

April 2001

Council adoption in March 2001 of the regulation
(Commission proposal) which came into force on
10 April 2001. In accordance with Article 8, the
Commission will report on Romania by 30 June 2001 at
the latest

Presentation of the Commission's recommendations for
negotiating briefs for readmission agreements with
Hong Kong and Macao (see point 2.4).

Procedure and conditions for issuing visas
by Member States

Commission/ Council/Member
States

April 2003

In June 2000 Finland presented an initiative on measures for
implementing the common consular instruction.

Rules on a uniform visa

Commission / Council / Member
States

April 2001

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

Commission / Council

Short term
measures 2000-
2002 – long term
measures 2004

Parliament opinion (rejection) in March 2001

Adoption by the Council, in April 2001, of measures for
implementing the common consular instruction.

To be taken into consideration in connection with proposals
on the right to travel within the territory of the Member
States.

In March 2001 the Commission presented a proposal for
amending Regulation 1683/95 on a uniform format for visas.

Uniform format for forms for affixing the visa
to travel documents which are not
recognised

Commission / Council / Member
States

2001

In March 2001 the Commission presented a proposal to
amend Regulation 1683/95 on a uniform format for visas
(see above)

Proposal for a regulation on an airport
transit visa

Commission/ Council/Member
States

April 2001

Possible communitarisation of the Joint Action of March
1996.

Finland presented an initiative for a regulation on airport

37

Closer cooperation between EU consulates
in third countries

Member States

Ongoing process

See point VIII of the common consular instruction and
Recommendation of 4 March 1996.

Measures on the freedom to travel within
the territory of Member States

Commission/ Council/Member
States

April 2001

In July 2000 the French Presidency presented an initiative
on travel on a long-stay visa.

transit arrangements

- Parliament opinion (rejection) in January 2001

- Adoption by the Council end May 2001

In June 2000 the Portuguese Presidency presented an
initiative on travel by nationals exempt from the visa
requirement.

- Parliament opinion (rejection) in March 2001

Commission intends to present proposals in the first
half of 2001.

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

April 2001

In March 2001, the Commission presented a proposal on
the communitarisation of the uniform format for residence
permits granted to third-country nationals.

Adoption in October 2000 of a resolution of the
representatives of the Governments meeting within the
Council on minimum security standards for travel
documents of EU Member States.

The Commission intends to present, before the end of
the 3rd quarter 2001, a proposal for a regulation on the
security of travel documents

To facilitate the detection of false
documents and to provide appropriate
training and equipment

Commission/ Council/Member
States

Ongoing process

Council Recommendation of 29 April 1999 on provision of
staff and equipment

In March 2000 the Council adopted a decision to improve
exchange of information.

Training programme financed by Odysseus programme in
March 1998.

38

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

Italy has announced its intention to present a feasibility
study on the development of joint actions

Procedure for adopting certain measures
implementing the Common Manual

Commission / Council / Member
States

Adoption by the Council in November 2000 of the
decision to downgrade parts of the Common Manual
(French initiative).

Portugal tabled an initiative on measures implementing
the provisions in the Common Manual.

- Parliament opinion (rejection) in March 2001

- Adoption by the Council in April 2001

Rapid inclusion of the applicant States in
this cooperation

Commission / Council / Member
States

Ongoing process

Accession negotiations in progress

These issues were discussed at the ministerial meeting
with the applicant countries on the sidelines of the
Council in March 2001

Converting the Schengen
acquis

Communitarisation of Article 2 of the
Schengen Convention (safeguard clause
allowing the temporary reintroduction of
border controls)

Council / Commission / Member
States

2001

The Commission intends to present a proposal in the
second half of 2001.

39

6.

CITIZENSHIP OF THE UNION

Objective

Actions needed

Responsibility

Timetable for
adoption

State of play

Further facilitation of citizens' right
to move and reside freely

Directive updating and revising of
rules on the right of entry, movement
and residence of citizens of the Union

Commission / Council / Parliament

2001

The Commission intends to present a proposal before the
end of the first half of 2001.

Regulation on security of travel
documents

Regulation on a uniform format for
residence permits for Union citizens
and members of their families

Regulation to make it easier for school
groups consisting of Union citizens
and covered by Community law to
travel between and through Member
States

Commission / Council / Parliament

2001

The Commission intends to present a proposal before the
end of the third quarter 2001.

Commission / Council / Parliament

2001

The Commission intends to present a proposal before the
end of the first half of 2001.

Commission / Council / Parliament

2001

The Commission intends to present a proposal before the
end of the first half of 2001.

Information on exercise of rights
attached to Union citizenship

Communication on results of elections
to EP

Commission

2000

First report on municipal elections

Commission

2001

The Commission presented a communication on the
application of Directive 93/109/EC to the June 1999
elections to the European Parliament: right to vote and
stand as a candidate in elections to the European
Parliament for citizens of the Union residing in a
Member State of which they are not nationals

The Commission intends to present a report on municipal
elections in December 2001

Third report on the citizenship of the
Union

Commission

By the end of 2000

The Commission intends to present a report before the
end of the second quarter 2001

40

7.

COOPERATION AGAINST DRUGS

As 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)

June 2000

European Union Action Plan to combat drugs (2000-2004)
adopted by the Feira European Council in June 2000.

The Commission intends to present a communication
on the implementation of the Action Plan before the
end of the second quarter 2001

The Commission has presented two reports to the
Council within the framework of the Action, one on
GHB and one on Ketamine.

In March 2001 the Council adopted conclusions on
GHB and Ketamine in line with the Commission's
reports.

Sweden presented an initiative for a Council decision
establishing a system of special forensic profiling
analysis of synthetic drugs and an initiative for a
Council decision on the transmission of samples of
illegal narcotic substances: currently being examined.

Parliament opinion early May 2001

Development by European Monitoring Centre for Drugs
and Drug Addiction in 2001 of methodological instruments
to evaluate anti-drug measures.

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

Council / Commission/ Member
States

Development of a methodology for
the evaluation of the EU Drugs
Strategy for 2000-2004

Council and Parliament on the
basis of proposals of the
Commission

41

Common definitions, charges and
penalties in the field of drug

trafficking

20

Council on the basis of a
Commission proposal

April 2001

The Commission study on the legislation and
regulations on drug trafficking in the EU Member
States was completed in March 2001.

Enhancement of police, customs and
judicial cooperation in preventing and
combating drug trafficking

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

The Commission intends to present, in the first half of
2001, a proposal for a framework decision laying down
minimum provisions on the constituent elements of
criminal acts and penalties in the field of drug
trafficking

In response to Parliament's request to create a new budget
heading, the Commission proposed in the preliminary draft
€
budget for 2001 a budget of
1 million for preparatory work
on combating the trafficking of illegal drugs.

20

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

42

8.

STRONGER EXTERNAL ACTION

The European Union underlines that all powers and instruments at the disposal of the Union, 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 into the
definition and implementation of other Union policies and activities.

Objective

Action needed

Responsibility

Timetable for adoption

State of Play

All powers and instruments at the
disposal of the Union, particularly in
external relations, must be used in
an integrated and consistent way.
Justice and Home Affairs concerns
must be integrated into the definition
and implementation of other Union
policies and activities

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

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

June 2000

In June 2000 the Feira European Council adopted a report
drawn up by the Council and Commission on external relations
in the JHA field, in order to integrate them into the Union's
overall strategy and thus to contribute to establishing the
AFSJ.

43

9.

OTHER CURRENT INITIATIVES

MEMBER STATES

TITLE

CONNECTION WITH TAMPERE/VIENNA

Finland

Germany

France

Council Regulation on obligations between the Member States for the
readmission of third-country nationals

Council Resolution on the undertaking by the Member States to transmit
information on illegal immigration and facilitator networks under the Cirefi early
warning system

Council Regulation (EC) on the mutual enforcement of judgments on rights of
access to children

Germany/Belgium/France

Council Decision on a customs investigations identification file

State of progress

See "Management of migration flows"
- Parliament opinion [rejection] May 2000
- Discussion in the Council suspended

See "Management of migration flows"

See "Mutual recognition of judicial decisions in civil matters".
Parliament opinion in December 2000
Debate in the Council in November 2000
In parallel, Commission working document on family law adopted on 27
March 2001
See "Stepping up cooperation in the fight against crime"

Finland

France

Sweden

Sweden

France

France

Council Recommendation on the exchange of DNA

Framework Decision establishing a European judicial training network

Adoption by the Council end May 2001

- Discussion currently under way
- Parliament opinion expected in May 2001

Council Decision amending the staff regulations applicable to Europol employees

Council Decision amending the remuneration of Europol employees and the
allowances paid to them

Council Recommendation regarding the assessment of terrorist threats against
VIPs

Council Decision on the conditions for issuing visas by Member States

Adoption by the Council in March 2001 of a Decision amending the staff
regulations applicable to Europol employees

Adoption by the Council end May 2001

See "Fight against certain forms of crime"

See "Issues related to internal and external borders".
Discussion under way to find a legal instrument for the common consular
instruction

44